Signed Contract_James Orr Coating Inspection LLC for Roosevelt Water Tower Copyrighted
August 19, 2019
City of Dubuque Consent Items # 25.
ITEM TITLE: Signed Contracts
SUMMARY: Blackstone Environmental (2)forenvironmental support
services and Chromium VI Data Review at the Water
Treatment Plant; Dubuque County Lease Agreement for
Federal Building space; Eastern IowaAsphalt
Maintenance, I nc. for resurfacing/restriping 6 surface lots;
Kone Elevator Maintenance Renewal Agreement;
563Design Amendment No. 3 for Multicultural Family
Center; IIW Professional Services Inspection Contractfor
Roosevelt Street Water Tower Project; James Orr Coating
I nspection, LLC for Roosevelt St. Water Tower Technical
Coating Inspection Services; Racom 800Mhz Radio
Agreement.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Blackstone Environmental - Vapor Study Consulting Supporting Documentation
Engineering Services
Blackstone Environmental - Chromium 6 Data Review Supporting Documentation
and Consulting Engineering Services
Dubuque County LeaseAgreementfor Federal Supporting Documentation
Building Space
Eastern IowaAsphalt Maintenance, Inc. for Surface Supporting Documentation
Lots.
Kone Elevator Maintenance Renewal Agreement Supporting Documentation
563Design Amendment No. 3 for MFC Supporting Documentation
I I W , P.0 Amendment No. 1 for Roosevelt Street Water Supporting Documentation
Tower Project Engineering Services
James Orr Coating I nspection, LLC for Roosevelt St. Supporting Documentation
Water Tower Coating Inspection Services
Racom 800Mhz Radio Agreement Supporting Documentation
oubu�ue Water Department
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DUB E ������ Office(563)589-4291
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CITY OF DUBUQUE, IOWA
SHORTFORM
ENGINEERING SERVICE AGREEMENT
THIS ENGINEERING SERVICE AGREEMENT (the Contract), made in triplicate, between
the City of Dubuque, lowa (City), by its City Manager, through authority conferred upon the City
Manager by its City Council and
James Orr Coating Inspection LLC (Contractor) of
(Contractor Name)
1013 Vallev Stream Drive Madison, Wisconsin 53711
(Contractor Address- City and State)
PROJECT TITLE: ROOSEVELT STREET 1.25 MILLION GALLON WATER TOWER PROJECT
TECHNICAL COATING INSPECTION SERVICES
For and in consideration of the mutual covenants herein contained, the parties hereto agree as
follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all iabor necessar for (the Project):
a) Roosevelt Street 1.25 Million Gallon Water Tower Project, Technical Coating
Inspection Services
b) In accordance with the Scope of Services attached to this agreement dated April 1,
2019, including, but not limited to: attending meetings, performing shop and field
inspections, preparing reports, and reporting on issues, corrective actions, and
reporting all findings to City and to the prime engineerin contractor IIW.P.C.
c) Maintain certification as a National Association of Corrosion Engineers (NACE)
inspector throughout the duration of the project, and through the 2-year warranty
period.
The work described above shall be completed at the following location(s):
Rooseveit Street Water Tower site on Sky Blue Drive, Dubuque, lowa.
The Project shall be completed in strict accordance with the terms as described in this Contract;
in strict accordance with the requirements of the laws of the United States of America, State of
lowa, and ordinances of the City of Dubuque. In addition, the documents which provisions and
documents are each and all hereby referred to and made a part of this Contract just as much as
if the detailed statements thereof were repeated herein.
Page 1 of 13
2. Contract Documents shall mean and include the following: This Contract; all ordinances and
resolutions heretofore adopted by the City Council having to do with the Project; the Vendor's
Proposal; and any Special Conditions, Plans and Specifications and General Requirements as
adopted by the City Council for the Project.
3. The Contractor has read and understands the Contract Documents and has examined and
understands the project description described in Section 1 and any attached Special Conditions
herein referred to and agrees not to plead misunderstanding or deception because of estimates
of quantity, character, location or other conditions surrounding the same.
4. The Contractor shall secure and maintain insurance in compliance with City Insurance Schedule
J attached as Exhibit A. The Contractor shall provide a certificate of insurance to the City.
5. The City and the Contractor each agree to indemnify and hold the other harmless, and their
respective officers, employees, agents, and representatives, from and against all claims,
damages, losses and expenses (including reasonable attorney's fees) to the extent such claims,
losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors, or
omissions.
6. Neither party shall be deemed in default of this Agreement to the extent that any delay or failure
in the performance of its obligations results from any cause beyond its reasonable control and
without its negligence.
7. Termination. This Agreement may be terminated, in writing, upon mutual agreement of the
parties The City is obligated to pay for all services rendered up to the date the mutually agreed
upon termination as stated in the written notice demonstrating intent to terminate. Failure of the
City to make payments when due shall be cause for suspension of services or ultimately
termination, unless and until the Contractor has been paid in all full amounts due for services,
expenses, and other related charges.
8. The term of the contract shall be April 1 , 2019 through June 1 , 2021 . The contract term may be
amended in writing, upon mutual agreement of the parties.
9. The frequency of on-site visits and off-site work as detailed, during the term of the contract, may
be amended in writing, upon mutual agreement of the parties, to reflect the needs of the City.
THE CITY AGREES:
1 . The City shall retain full and sole responsibility for the operation and maintenance of the
Dubuque water system and ensuring its compliance with all applicable Federal and State
regulations.
2. The City shall provide full and ready access to the physical site and all pertinent operating,
maintenance records.
Page 2 of 13
COMPENSATION:
For and in good consideration, the contract lump sum not to exceed amount shall be Fiftv-Five
Thousand Eiqht Hundred dollars ($55.800.00)
Optional or supplemental services shall be paid for at an agreed to, not to exceed lump sum amount
per a separate Additional Services Contract.
For the scope of services agreed upon, the City agrees to pay the Contractor the compensation as
stated. Invoices for the Contractor's services shali be submitted monthly. Invoices shall be payable
when rendered and shall be considered past due if not paid within 30 days after the invoice date. A
service charge will be charged at the rate of 1.5°/o (18°/o true annual rate) per month or the maximum
allowed by law on the then outstandi�g balance of Past Due accounts. In the event, any portion of
an account remains unpaid 90 days after biliing, the City shall pay all costs of collection, including
reasonable attorney's fees.
CITY OF DUBUQUE, IOWA CONTRACTOR:
By: � ,,� James Orr Coating
�- " � - �� �� Inspection LLC
Micha I C. Van Milligen Da e Company Name
City Manager
By: �V11�'1��� � .�"ti � 'YI �
ignature Date
James Orr
Printed Name
Principal
Title
CONTRACTOR ACKNOWLEDGEMENT OF
ATTACHED SPECIAL CONDITIONS:
By: ' v _ `.\1� :�,7 ' � �
S' nature ate
James Orr
Printed Name
Principal
Title
Page 3 of 13
The followin s ecial conditions shall a I to this Pro'ect:
JAMES ORR COATING INSPECTION LLC PROPOSAL IN ITS ENTIRETY DATED 4-1-2019
SHOWN ON PAGES 5, 6, 7, AND 8 OF THIS AGREEMENT.
Page 4 of 13 Rev. o2/�s
James Orr Coating Inspection LLC
Proposal
New Construction Inspection of 1,250,000 Gallon Composite Tank
Dubuque, lA
The proposal agreement between James Orr Coating Inspection LLC and Citv of Dubuque. IA
(Owner)will contract with James Orr Coating Inspection LLC for technical coating inspection
service for the above referenced project.
BASIC AGREEMENT
James Orr Coating Inspection LLC shall provide detailed coating inspection services as
compensation for their services shall not exceed the fee of Fifty-Five Thousand Eiaht Hundred
dollars ($55.800.00).
Terms of the charges and payments per details in Schedule B. (Prices quoted are subject to
change 90 days after the proposal date).
SCOPE OF SERVICES
Pre-Construction Meetinq Shop Prime Inspection Field Weld Inspection Field Coatinq
Insqection Two Year Warrantv Inspection per schedule A
SIGNATURES
JAMES ORR 4/1/2019
Proposed by JOCI
PROPOSAL APPROVED BY OWNER. POSITION DATE
CO-SIGNATURE (IF REQUIRED) POSITION DATE
ti � � I �
,�:� ,.�_ �-
$( NATURE OF JAMES ORR ATE
/
Page 5 of 13
SCHEDULE A
SCOPE OF SERVICE
New Construction 1,250,000 Gallon Composite Tank, Dubuque, IA
I. Pre-Construction Meeting
1. Travel to the pre-construction meeting
2. Attend and participate in the pre-construction meeting
11. Shop Prime Coating Inspection
1. Coordinate the schedule with the selected tank fabricator
2. Travel to the selected tank fabricators shop location.
3. Review abrasive and coating materials for approved manufacturers
4. Inspect compressed air at blast nozzle for cleanliness (oil and moisture)
5. Measure surface profile created by abrasive blast cleaning
6. Inspect the abrasive blast cleaning of the steel plates and all steel appurtenances
7. Review mixing, thinning and manufacturer's application requirements
8. Monitor the environmental conditions prior to and during the primer application
process
9. Inspect appiied coating for dry film thickness, coverage, uniformity and cure
10. Measure the DFT's of the primer to ensure compliance to the specifications
11. Prepare daily reports and email the reports to the design engineer
III. Weld Inspections
1. One (1)visit to observe steel delivered to the site for thickness, conformance to
specification and quantity. Review initial ereciion procedures and qualifications
2. One (2)visit for observation of completed welding and locating of sites on
completed welding for radiographic observation of steel at ground level. Observe
welding procedures and practices.
3. One (2) Visit for review of construction of roof for completeness, review
installation of tank appurtenances,final observation of all welding prior to
removal of erection crew and equipment.
4. Prepare daily reports and email the reports to the design engineer
IV. Field Coating Inspection
1. Review contractor's crew size and equipment for ability to meet the specif cations
requirements and time constraints
2. Review abrasive and coating materials for approved manufacturers
3. Inspect compressed air at blast nozzle for cleanliness (oil and moisture)
4. Measure surface profile created by abrasive blast cleaning
5. Inspect abrasive blast cleanliness specification requirements using SSPC Visual
Standards
6. Review mixing, thinning and manufacturer's application requirements
Page 6 of 13
7. Monitor environmental conditions prior to and during coating application, ambient
temperatures, relative humidity and dew point y
8. Inspect applied coating for dry film thickness, coverage, uniformity, holidads and
cure
9. Collect appropriate samples for predisposal laboratory testing
10. Prepare daily reports detailing above mentioned items and daily progress and email
the reports to the design engineer.
V. Two Year Warranty Inspection
1. Dive or ROV warranty inspection
2. Review ail wet or dry interior surfaces for corrosion and or damage, quantify and
quantify damage for repairs. Ail coating repairs needed are to be quantified by
extrapolation of a measure area and compared with warranty requirements
3. Observe the exterior coating and quantify damages
4. Review all repairs completed during construction phase
5. Review all exterior appurtenances for damage due to corrosion or Construction
6. Review exterior of the exposed foundations
7. Review all heaith aspects of the tank, including screening of the vents, overflow,
pipe, and other possible contamination sources
8. Prepare a report documenting all items found that meet or fail to meet
requirements and recommendations for repair. A letter report with photos will be
issued.
Page 7 of 13
Schedule B
Payment Schedule
1. Compensation for Schedule A, Item 1, 1-2, Pre-con Meeting, shall be a lump sum fee of
800.00 which includes travel and participation
2. Compensation for Schedule A, Item II, 1-11, Shop Prime Inspection, including travel,
hotel and per diem shall be a lump sum fee of$10,000.00
3. Compensation for Schedule A, Item Iil, 1-4, Weld Inspection, shall be 1 400.00 per
weld inspection visit with 5 Visits required for a total of 7 000.00
4. Compensation for Schedule A, Item IV, 1-10, Field Coating Inspection, shall be
1 000.00 per inspection visit with 34 visits required for a total of$34,000.00
5. Compensation for Schedule A, Item V, 1-8, Warranty Inspection shall be a lump sum fee
of 4000.00
6. Invoices to be paid 30 days after invoice date.
Page 8 of 13
EXHIBIT A
INSURANCE SCHEDULE
City of Dubuque Insurance Requirements for Professional Services
PAGE INTENTIONALLY LEFT BLANK
Page 9 of 13
INSURANCE SCHEDULE J
1. James Orr Coatinq Insqection. LLC shall furnish a signed certificate of insurance to the City of Dubuque,
lowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term
of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the
end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form
approved by the lowa Department of Insurance or an equivalent approved by the Director of Finance and
Budget. Each certificate shall include a statement under Description of Operations as to why the certificate
was issued. Eg: Project# or Project Location at or construction of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and
all insurers shall have a rating of A or better in the current A.M. BesYs RatingGuide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these
requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered
a material breach of this agreement.
5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the
performance of work insurance for the coverages described in this Insurance Schedule and shall obtain
certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they
shall be liable for the failure of a subconsultant and sub- subconsultant to obtain and maintain such
coverages. The City may request a copy of such certificates from the Contractor.
6. All required endorsements shall be attached to certificate of insurance.
7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an
equivalent form may be substituted if approved by the Director of Finance and Budget and subject to the
contractor identifying and listing in writing all deviations and exclusions from the ISO form.
8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other
legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the required minimum
limits then the provider's limits shall be this agreemenYs required limits.
9. Contractor shall be responsible for deductibles and self-insured retention.
Schedule J Professional Services May 2019
Page 10 of 13
INSURANCE SCHEDULE J (continued)
Exhibit 1
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit(any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general liability
coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00
02. All deviations from the standard ISO commercial general liability form CG 00 01, or
business owners form BP 00 02, shall be clearly identified.
2) Include ISO endorsement form CG 25 04"Designated Location(s) General Aggregate
LimiY' or CG 25 03"Designated Construction Project(s) General Aggregate LimiY' as
appropriate.
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement. (Sample attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its employees and
volunteers, all its boards, commissions and/or authorities and their board members,
employees and volunteers. Use ISO form CG 20 26.
6) Policy shall include Waiver of Right to Recover from Others endorsement.
B) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by
lowa Code Chapter 85.
Coverage A Statutory—State of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B
limits shall be greater if required by the umbrella/excess insurer. Qq
Nonelection of Workers' Compensation or Employers' Liability Coverage under lowa Code sec.
87.22. Completed form must be attached.
Schedule J Professional Services May 2019
Page 11 of 13
INSURANCE SCHEDULE J (continued)
D) UMBRELLA/EXCESS LIABILITY $1,000,000
Umbrella/excess liability coverage must be at least following form with the underlying policies
included herein (General Liability, Automobile, Workers Compensation).
E) PROFESSIONA� LIABILITY $1,000,000 Provide
evidence of coverage for 5 years after completion ofproject.
F) CYBER LIABILITY $1,000,000
_yes X no
Coverage for First and Third Party liability including but not limited to lost data and restoration, loss of
income and cyber breach of information.
Schedule J Professional Services May 2019
Page 12 of 13
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunitv. The insurer expressly agrees and states that thepurchase of this
policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any of the defenses of
governmental immunity available to the City of Dubuque, lowa under Code of lowa Section 670.4 as it is now exists
and as it may be amended from time to time.
2. Claims Coveraqe. The insurer further agrees that this policy of insurance shall cover only those claims not
subject to the defense of governmental immunity under the Code of lowa Section 670.4 as it now exists and as it
may be amended from time to time. Those claims not subject to Code of lowa Section 670.4 shall be covered by
the terms and conditions of this insurance policy.
3. Assertion of Government Immunitv. The City of Dubuque, lowa shall be responsible for asserting any
defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the
insurer.
4. Non-Denial of Coveraae. The insurer shall not deny coverage under this policy and the insurer shall not
deny any of the rights and benefits accruing to the City of Dubuque, lowa under this policy for reasons of
governmental immunity unless and until a court of competentjurisdiction has ruled in favor of the defense(s) of
governmental immunity asserted by the City of Dubuque, lowa.
No Other Chanqe in Policv. The above preservation of governmental immunities shall not otherwise change or
alter the coverage available under the policy.
SPECIMEN
Schedule J Professional Services May 2019
Page 13 of 13