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Tank industry Consultants/Utiltiies/60,475/Rehab Elevated Water Storage TankTank Industry Consultants, Inc. Utilities - 2017 Appropriation #01-6360-06; P.O.#W 10024 Contract Not To Exceed $60,475.00 i J.• j AGREEMENT FOR PROFESSIONAL SERVICES . THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is hereby made and entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (hereinafter "City"), and Tank Industry Consultants, Inc. (hereinafter "Professional"). _ _.. RECITALS ... WHEREAS City owns and is responsible for the operation and ;maintenance of its property, personnel, public works and infrastructure; and and WHEREAS, from time to time, City needs professional assistance in fulfilling its foregoing responsibilities; WHEREAS, Professional is experienced in providing and desires to provide to City the professional services ("Services") referenced herein; and WHEREAS, City desires to engage Professional as an independent contractor for the purpose of providing to City the Services referenced herein; NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions set forth herein, City and Professional mutually agree as follows: SECTION 1 INCORPORATION OF RECITALS The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof. SECTION 2 SCOPE OF SERVICES 2.1 City desires to engage Professional as an independent contractor for the Services set forth in attached Exhibit A, incorporated herein by this reference. 2.2 Professional understands and agrees that City may, from time to time, request Professional to provide additional or modified Services to City. When City desires additional Services from Professional, the City shall notify Professional of such additional Services desired, as well as the time frame in which same are to be provided. Only after City has approved Professional's time and cost estimate for the provision of such additional Services, has encumbered sufficient monies to pay for same, and has authorized Professional, in writing, to provide such additional Services, shall such Services be provided by Professional to City. A -copy of the City's authorization documents for the purchase of additional Services shall be numbered and attached hereto in the order in which they are approved by City. 2.3 Time is of the essence of this Agreement. IS.%Cmm =WWS—&Goods S—Wlflifl=%TD 7 ProCeuimal S—im Apeem WwAr3=17308 PM( Tank Industry Consultants, Inc. Utilities - 2017 Appropriation #01-6360-06; P.O.#W10024 Contract Not To Exceed $60,475.00 SECTION 3 CITY'S RESPONSIBILITIES 3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested. 3.2. City shall provide all data required for provision of Services. Professional may assume that all data so provided is correct and complete. 3.3. City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services. 3.4 City shall designate payment of the Services from City budget appropriation number 01-6360-06 funds. 3.5 City shall designate the Mayor or his duly authorized representative to act on City's behalf on all matters regarding the Services. SECTION 4 PROFESSIONAL'S RESPONSIBILITIES 4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable time and cost estimate. 4.2 Professional shall coordinate with City its performance of the Services. 4.3 Professional shall provide the Services by following and applying at all times reasonable and lawful standards as accepted in the industry. SECTION 5 COMPENSATION 5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be no more than Sixty Thousand Four Hundred Seventy Five Dollars ($60,475.00) (the "Estimate"). Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided City during the time period encompassed by such invoice. Invoices shall be submitted on a form containing the same information as that contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein by this reference. City shall pay Professional for all undisputed Services rendered and stated on such invoice within thirty five (35) days from the date of City's receipt of same. 5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the Estimate, without City's prior written consent. JsAcmvo TaS=&Goodssnwkirt�QonamFmdccw4ScrAmAgrcc=Waoo:in=17abaPtd] Tank Industry Consultants, Inc. Utilities - 2017 Appropriation #01-6360-06; P.O.#W 10024 Contract Not To Exceed $60,475.00 SECTION 6 TERM Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2017, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. SECTION 7 MISCELLANEOUS 7.1 Termination 7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City or Professional, without cause, upon thirty (30) days' notice. 7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City, for cause, immediately upon Professional's receipt of City's "Notice To Cease Services." 7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of the date of termination that are not in dispute, except that such payment amount shall not exceed the Estimate. Disputed compensation amounts shall be resolved as allowed by law. 7.2 Binding Effect City and Professional, and their respective officers, officials, agents, partners and successors in interest are bound to the other as to all Agreement terms, conditions and obligations. 7.3 No Third Party Beneficiaries Nothing contained herein shall be construed to give rights or benefits to anyone other than the parties hereto. 7.4 Relationship The relationship of the parties hereto shall be as provided for in this Agreement, and neither Professional nor any of its agents, employees or contractors are City employees. Professional shall have the sole responsibility to pay to or for its agents, employees and contractors all statutory, contractual and other benefits and/or obligations as they become due. Professional hereby warrants and indemnifies City for and from any and all costs, fees, expenses and/or damages incurred by City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject matter of this Agreement. This indemnification obligation shall survive the termination of this Agreement. IS %CbntracuT dS— R Goods S—i=AF —. ad.;11"M17 J 08 Phil 3 Tank Industry Consultants, Inc. Utilities - 2017 Appropriation#01-6360-06; P.O.#W10024 Contract Not To Exceed $60,475.00 7.5 Insurance Professional shall procure and maintain with an insurer licensed to do business in the State of Indiana such insurance as is necessary for the protection of City and Professional from all claims under workers' compensation, occupational disease and/or unemployment compensation acts, because of errors and omissions, because of bodily injury, including, but not limited to, the personal injury, sickness, disease, or death of any of Professional's employees, agents or contractors and/or because of any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth on attached Exhibit C. Such insurance policies shall not be canceled without thirty (30) days' prior written notice to City. 7.6 Liens Professional shall not cause or permit the filing of any lien on any of City's property. In the event such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing, City shall have the right to pay or bond over such lien at Professional's sole cost and expense: 7.7 Default In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Professional's warranties; (b) fails to perform the Services as specified; (c) fails to make progress so as to endanger timely and proper completion of the Services and does not correct such failure or breach within five (5) business days after receipt of notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition for receivership, makes a general assignment for ,the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to terminate all or any part of this Agreement, without liability to Professional and to exercise any other rights or remedies available to it at law or in equity. 7.8 Government Compliance . Professional agrees to comply with all laws, executive orders, rules and regulations applicable to Professional's performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated herein by this reference, to keep all of Professionals' required professional licenses and certifications valid and current, and to indemnify and hold harmless City from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from any failure by Professional to do so. This indemnification obligation shall survive the termination of this Agreement. 7.9 Indemnification Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional or negligent act or omission of Professional and/or any of its employees, agents or contractors in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. Is:,cmmewTa.s�aamd,S. %Uii6timUO17Un .aorcs5imrsavi=ep�tdwWOM17308M) 4' Tank Industry Consultants, Inc. Utilities - 2017 Appropriation #01-6360-06; P.O.#W10024 Contract Not To Exceed $60,475.00 7.10 Discrimination Prohibition Professional represents and warrants that it and each of its employees, agents and contractors shall comply With all existing and future laws prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This indemnification obligation shall survive the termination of this Agreement. 7.11 E -Verify Pursuant to I.C. § 22-5-1.7 et seq., Professional shall enroll in and verify the work eligibility status of all of its newly -hired employees using the E -Verify program, if it has not already done so as of the date of this Agreement. Professional is further required to execute the attached Affidavit, herein referred to as Exhibit D, which is an Affidavit affirming that: (i) Professional is enrolled and is participating in the E -verify program, and (ii) Professional does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached Exhibit D. In support of the Affidavit, Professional shall provide the City with documentation that it has enrolled and is participating in the E -Verify program. This Agreement shall not take effect until said Affidavit is signed by Professional and delivered to the City's authorized representative. Should Professional subcontract for the performance of any work under this Addendum, the Professional shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is -participating in the E -verify program. Professional shall maintain a copy of such certification for the duration of the term of any subcontract. Professional shall also deliver a :copy of the certification to the City within seven (7) days of the effective date of the subcontract. If Professional, or any subcontractor of Professional, knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a person that the Professional or subcontractor subsequently learns is an unauthorized alien, Professional shall terminate the employment of or contract with the unauthorized alien within thirty (30) days ("Cure Period"). Should the Professional or any subcontractor of Professional fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence. The E -Verify requirements of this Agreement will not apply, should the E -Verify program cease to exist. 7.12 Severability If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate independently of same shall continue in full force and effect. jS,lC-f -)P-B— &Gm.& S­Uhi1idn17017VNrnPro(—imd Smi= Apaneai.dw1U3WD173.08PMj 5 Tank Industry Consultants, Inc. Utilities - 2017 Appropriation #01-6360-06; P.O.#W 10024 Contract Not To Exceed $66,475.00 - 7.13 Notice Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand -delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the parties as follows: CITY: City of Carmel Carmel Water Operations 3450 W 131 st Street Carmel, Indiana 46074 ATTENTION: John Duffy PROFESSIONAL: Tank Industry Consultants, Inc. 7740 West New York Street Indianapolis, Indiana 46214 ATTENTION: Gregory Stein Douglas C. Haney Corporation Counsel One Civic Square Carmel, Indiana 46032 Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10) business days from the date of such oral notice. 7.14 Effective Date The effective date ("Effective Date") of this Agreement shall be the date on which the last of the parties hereto executes same. 7.15 Governing Law; Lawsuits This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 7.16 Waiver Any delay or inaction on the part of either party in exercising or pursuing its rights and/or remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of such party to require such performance at any time thereafter. 1S.1C="mTvdS=&C;m& s�w,iliucMlWnim PwrtWmd Saila A; of da,1/3080173:08PM1 s Tank Industry Consultants, Inc. Utilities - 2017 Appropriation.#01-6360-06; P.O.#W10024 Contract Not o Exceed $60,475.00 7.17 Non -Assignment Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without'City's prior written consent. 7.18 Entire Agreement This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successors in interest. To the extent any provision contained in this Agreement conflicts with any provision contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail. 7.19 Representation and Warranties Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing this Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may be. 7.20 Headings All headings and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 7.21 Advice of Counsel The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 7.22 Copyright City acknowledges that various materials which may be used and/or generated by Professional. in performance of Services, including forms, job description formats, comprehensive position questionnaire, compensation and classification plan and reports are copyrighted. City agrees that all ownership rights and copyrights thereto lie with Professional, and City will use them solely for and on behalf of its own operations. City agrees that it will take appropriate action with its employees to satisfy its obligations with respect to use, copying, protection and security of Professional's property. 7.23 Personnel ' Professional represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with City. All of the services required hereunder will be performed by Professional or under his supervision and all personnel engaged in the work shall be fully qualified to perform such services. IS:1Ca-,UV4utS—&Grade S.aWetlid,,WI7&m Pmr..i.nOSv.i=A,-....d.!1f M0173:08PM] Tank Industry Consultants, Inc. Utilities - 2017 Appropriation #01-6360-06; P.O.#W10024 Contract. Not To Exceed $60,475.00 7.24 Records and Inspections Professional shall maintain full and accurate records with respect to all matters covered under this agreement for three (3) years after the expiration or early termination of this Agreement. City shall have free access at all proper times to such records and the right to examine and audit the same and to make transcripts there from; and to inspect all program data, documents, proceedings and activities. 7.25 Accomplishment of Project Professional shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on within City's organization. 7.26 Iran Certification Pursuant to I.C. § 5-22-16.5, the Professional shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 7.27 Access to Public Records Act Professional understands and agrees that any "public record", as that term is defined in Indiana Code 5-14-3- 2(m), as amended, that is related to the subject matter of this Agreement, whether the same is in the possession or control of the Professional or the City, shall be subject to release under and pursuant to the provisions of Indiana's Access to Public Records Act, as codified in Indiana Code 5-14-3-1, et sec., as amended. (remainder of page intentionally left blank) 15:.1Caltroa�WmCS.a& Go.&S.sallhiliiia170171Luaa Pwr d—1 Smi=AF—s.d.:]/i0/20173.06 PMI 3' Tank Industry Consultants, Inc. Utilities - 2017 Appropriation #01-6360-06; P.O.M10024 Contract Not To Exceed $60,475.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL; INDIANA TANK INDUSTRY CONSULTANTS, INC. by and through its Board of Public Works and Safety LOT il;,_z - mes Bra�tard, Presidin Officer ate: Brat li�\moi �\ C Pautey, Clse-Tr6eas�uF44 Date: BY: Authorize nature Printed Name: Gregory R. stein Title: Managing Principal FID/TIN: 35-1540516 Last Four of SSN if Sole Proprietor: Date: February 2j--2017 JSIC= T,dS o & Good, S—M i -UOI o P�&W.W se.;—AZ-1mo:113GM17 3.08M 9 s January 27, 2017 Mr. John Duffy Director TANK City of Carmel Utilities INDUSTRY 4915 East 106th Street Carmel, Indiana 46033 CONSULTANTS RE: Professional Services associated with the Rehabilitation of the 500,000 Gallon South Elevated Water Storage Tank 7740 West New York Street TIC Project #H366.006 Indianapolis, Indiana 46214 317 / 271-3100 - Phone 3171271-3300 — FAX Dear Mr. Duffy: As you requested from Chip Stein, I am pleased to provide this revised proposal for engineering and inspection services associated with the rehabilitation of the South Elevated Tank. Plainfield, Illinois 8151556-8335 A Tank Industry Consultants completed the evaluation of the tank on April 9, 2015. Sacramento, California 916.1717-3608 PREPARATION O SPECIFICATIONS A. This phase will encompass the design and preparation of the detailed plans and Houston, Texas specifications based on the work authorized by Carmel Utilities. TIC will review the 281 1367-3511 evaluation report with you and discuss in detail the most appropriate scope of work within your budgetary constraints. TIC will prioritize the necessity for different repair options and compare the anticipated life for alternative coatings options. TIC EI Paso, Texas will also provide budget estimates for construction so the final scope of work meets 9151790-0790 -the maintenance and financial goals of Carmel Utilities. From the data obtained during the field evaluation, engineered drawings and plans Pittsburgh, Pennsylvania can be properly prepared and included within the specifications. TIC will assist 412 f-262-1586 Carmel Utilities' decision makers in analyzing the various methods of accomplishing the recommended repair and repainting options so that the water system's long- term and short-term goals of will be met. We will share our expertise and knowledge of all applicable regulations, codes, and standards. The project plans and,specifications will include the documents required to execute the project. TIC's specifications and contract documents are more extensive than provided by most engineers' designs due to our experience and intimate familiarity with the AWWA, API, NACE, NFPA, and SSPC standards and how they must be supplemented. TIC's specifications are prepared in accordance with local, state, and federal laws, and all specific requirements of Carmel Utilities. All documents B T A- An Employee-Owned Company ' G! V Mr. John Duffy page 2 City of Carmel Utilities, Carmel, Indiana January27, 2017 are submitted for review as needed to maintain the project objectives. After all reviews are complete, TIC will revise all documents as required for final approvals and prepare a final detailed cost estimate for the project. Reduce Construction Costs: While most engineering firms can provide a generic specification package, our uniquely developed specifications address the specific work that needs to be performed. This reduces the change orders to only those items that have competitive unit prices already negotiated prior to starting the project. Our specifications will also address potential problems that may come up during the course of a tank rehabilitation project including containment and proper removal and disposal/treatment of lead-based coatings, plus the removal and disposal of steel that is coated with lead-based coatings. While our specifications are designed to protect Carmel Utilities, our designs and specifications will also offer the most cost-effective alternatives available on the market. Our specifications are not only designed to reduce construction costs during this tank rehabilitation, but also for future tank rehabilitation. By designing out problem maintenance areas, the newly applied coating system will not only last longer, but when future maintenance is performed, the repainting will be easier and therefore less expensive. Repair and Rehabilitation Design: It is important to include specific tank upgrades in the tank rehabilitation. TIC has found that a specification that is only end -result oriented is not adequate when working with tank repair and repainting contractors. For example, merely requiring a clog -resistant vent to be installed (as required by the American Water Works Association) could result in a contractor installing a regular vent with a very weak screening material that fails prior to the tank roof being sucked inward during a vacuum situation. However, with TIC's design, there are pressure and vacuum pallets that rise to allow venting when the screens are occluded. When no additional venting is required by the tank, the pallets return to their normal operating position as required by AWWA. While both types of vents allow for venting to occur even if the screen was clogged, with the contractor's design, the tank owner would now have a large hole in their vent screen that would allow the ingress of animals, birds, and insects. TIC's specific designs of the repairs will provide for a better -finished product. TIC's goal is to have the tank properly repaired THE FIRST TIME. This can only be accomplished through thorough, concise specifications that include the necessary details for proper repair designs. Coating System Design: TIC continually researches alternative coating systems in order to match the best coating system to the specific needs and requirements of each client's tank. When selecting the coating system for the various tanks, the engineers at TIC take into consideration the service requirements for each tank and the possible limited out -of -service time available for the tank rehabilitation and repainting. TIC has an extensive track record of successfully specifying and utilizing dehumidification, new fast -cure coatings, and other new coatings technology. TIC specifies coating systems to meet not only the needs of the tank, but also to meet the needs of the waterworks system. Project Scope: Based on the evaluation report, the following is the anticipated scope of work to be performed on this project: • Complete Clean and Paint Tank Exterior and Containment • Complete Clean and Paint Tank Interior • Provisions for Installation of Future Cathodic Protection System • Miscellaneous Chipping and Grinding Mr. John Duffy Page 3 City of Carmel Utilities, Carmel, Indiana January 27, 2017 • Seam Sealing • Pit Repair • Grout Repair • Foundation Repair • Riser Manhole Replacement • Vandal Deterrent Side Panels • Balcony Safety Railing Replacement • Roof Vent Modifications • Transition Cone Safety Railing Replacement A detailed construction cost estimate will be provided during the design phase for the actual scope of work being designed. The fee for Tank Industry Consultants to provide design services for the above scope of work will be $10,400. A pre-bid meeting would increase these fees, but it is not anticipated that one will be necessary. TIC will assist Carmel Utilities in obtaining competitive and qualified bids. TIC will recommend a number of qualified bidders to whom the Notice to Bidders should be sent. This list has been compiled and refined over the past thirty-seven years to help reduce our client's construction costs and achieve quality construction projects. Specializing in water storage tanks has allowed TIC to develop a list of tank repair and repainting contractors that also specialize in water tanks. Because of these contractors' expertise, their bids are the most competitive in the industry. This saves our clients tens (and on some projects, even hundreds) of thousands of dollars on each of their water tank projects. Carmel Utilities will be responsible for fulfilling all legal advertising requirements. Once the bids have been received, TIC can: • Tabulate the bids • Review the bids • Check for signatures, bonds, and insurance • If necessary, investigate the low bidder • Recommend award to the lowest and most qualified bidder The fee for Tank Industry Consultants to provide these services will be $1,500. This fee is based on TIC not attending the bid opening, but rather reviewing the bids in our offices. CO AMR. °° CT/RC)lU,I R". ;5 aFP '1V,7. ES° M g, Resident Project Representation: The resident observation of the contractor's workmanship is the most important part of this project. The best -written, most thorough specifications do not assure the project is completed correctly. TIC's technicians are experienced in tank repair, painting, and erection. They are not only familiar with proper coating application techniques, but also with the underlying reasons for tank painting standards. In addition, our entire staff of civil, structural, chemical, and mechanical engineers and support personnel, including our NACE Certified Field Services Manager, Field E:XH I G " A 3 o't0 Mr. John Duffy Page 4 City of Carmel Utilities, Carmel, Indiana January27, 2017 Supervisors, and Contract Administrator are available for supplemental technical support for any special problems that might occur. Daily Progress Reports: TIC's technician will furnish Carmel Utilities and the contractor with a written report for each day's evaluation. The reports will address, at a minimum, the following items: • Temperature of steel • Weather conditions o Temperature o Wind velocity and direction o Relative humidity o Dew point • Location and quality of work performed and compliance with the project documents • Paint batch numbers • Surface profile • Wet and dry'film thickness readings Calibration record of dry mil thickness gauge • Measure of the paint cure • Number of men and equipment on the job • Recommendations made • Estimated completion date • Other pertinent data as required or requested The following equipment (at a minimum) will be utilized by TIC to monitor the work: • SSPC-Vis 1 Visual blasting standards • NACE Visual Standard TM -01-70 (available) • AWWA Standards D100-11 and D102-11 • Testex Press -O -Film Profile Measurement System • Surface Contamination Detection Device [soluble salts] (if required) • Wet Film Thickness Gauge (observe applicator's use) • Dry Film Thickness Gauge • Certified Thickness Calibration Standards • Steel Temperature Gauges • Sling Psychrometer and Psychometric Tables • Wet Sponge Holiday Detector [low voltage] (if required by TIC personnel) • Adhesive Force Measurement Device (if required) • Tooke Gage (if required) Atmospheric Conditions and Contaminants: Coatings are very sensitive to atmospheric conditions. - Humidity, dew point, air, and steel'temperatures must all be within acceptable ranges during application and curing for coating systems to achieve maximum life. Evidence of the application of the coating under adverse atmospheric conditions may be a premature failure two or three years later. In some environments, there is also the problem of contaminants being deposited on the steel and between coats of paint. Even small traces of contaminants beneath a coating system have been found to cause premature coating failure. Mr. John Duffy Page 5 City of Carmel Utilities, Carmel, Indiana January 27, 2017 Coating System Integrity: Numerous other situations may occur that can significantly reduce the life of the coating system. Causes for premature coating failure such as contaminants in the abrasive or on the steel, rust film forming on steel before priming, and improper surface profile cannot be found by an inexperienced technician. All of these situations require an experienced technician to identify not only the problems, but to make constructive suggestions to correct them. Ourtechnicians will also observe a low -voltage holiday detection test on interior surfaces, including the roof. Proper evaluation cannot be performed using binoculars and telephoto lenses. Our field technicians evaluate cleaned and painted surfaces "up close," not just the ones next to ladders and platforms. Proactive Participation: TIC's technicians utilize their knowledge and experience to be proactive. Our technicians anticipate potential problems and offer recommendations/guidance to the contractor to help avoid these problems. This helps to reduce the project length, thus minimizing evaluation time and costs, and returns the tank to service in the least possible time. The ability of a coating system to achieve its anticipated service life is directly proportional to the quality of the workmanship during application. Therefore, money spent on resident observation will be paid back in a longer lasting coating system. SSPC QP 5 Certification: Tank Industry Consultants is recognized by SSPC: The Society for Protective Coatings as a Certified Inspection Company. TIC is just one of thirteen firms in the nation who have achieved this distinction, and the only firm specializing in water storage tanks. QP 5 certification offers owners the added assurance that the proper procedures are in place to perform inspection services with a high degree of quality. This level of quality was accomplished by TIC initiating quality programs that include regular training for field technicians, well-defined quality and procedural standards, corporate internal auditing of inspection records, and accountability. Annual reviews by SSPC auditors assure that these policies and procedures are continually maintained and upgraded as needed. SSPC audits are conducted via surprise visits to job sites, and formal review of procedures and documentation in the office. Contract Administration: Once, a tank rehabilitation project begins, TIC will be available to consult with and advise Carmel Utilities concerning anyportion of the tank rehabilitation and repainting project. TIC can also perform all contract administration and project administration as specifically requested. The contract administration items could include: • Consultation on adequacy and compliance with the project specifications • Specification interpretation • Attend the pre -construction and subsequent meetings—supplying typed meeting notes • Review all contractors' submittals and shop drawings • Review construction schedule • Review and approval of materials • Prepare and assist in the negotiations of change orders and supplemental agreements • Review and approval of payment requests • Dispute settlement • Public relations The fees for the construction phase services will be billed on a time and expenses basis from the rate structure in effect at the time the services are performed. The current rate structure is attached for your review. The contractors' construction methodology and work force allotment will be the overall H31_,IT 4 - Mr. John Duffy Page 6 City of Carmel Utilities, Carmel, Indiana January27, 2017 determining factor for inspection hours and costs for this project. Based on our experience with similar projects we estimate the following: Resident Project Representation*: 12 -13 weeks @ approximately $4,175/week $50,100 to $54,275 Contract Administration: 1 $4,000 *A minimal amount of time may be charged for the field technician's preparation of documentation in addition to on-site time. Present AWWA Standards recommend that all water tank construction and painting projects have a bonded warranty following the project completion date. Approximately eleven months after the completion of the tank construction or rehabilitation project, TIC will perform a First Anniversary Evaluation. This evaluation focuses on the contractor's compliance with the project specifications and drawings, and the coating condition. The fee for this evaluation will be $1,750. To proceed with this project, please sign the two copies of the enclosed Standard Agreement and forward one original to us. After receipt of this agreement, TIC will forward certificates of insurance to Carmel Utilities for this project and will contact you to schedule the field work portion of this project. We look forward to working with you on this project. If you have any questions or comments, please contact me or Mr. Stein. Sincerely, Tank Industry Consultants Penni Snodgrass Sales and Marketing Manager FEE >C, H iet�,I A- 6 OP(o Mr. John Duffy Page 7 City of Carmel Utilities, Carmel, Indiana January 27, 2017 Tank Industry Consultants 7740 West New York Street Indianapolis, Indiana 46214 Professional Services 2017 Rate Structure Effective January 1, 2017 through December 31, 2017 Technician (travel and on -job time) $71.25'per hour Overtime (over 40 hrs/week) $106.88 per hour Minimum 32 hours per week Per Diem $137.75 per day Technician (travel Per Diem Support Staff $98.75 per hour $160.50 per day with lodging $59.50 per day without lodging Hourly Rates Shown Below Field Services Manager/Contract Administrator $120.00 per hour Field Superintendent/NACE Certified Technician $119.00 per hour Overtime (over 40 hrs/week) $178.50 per hour Minimum 32 hours per week Project Manager $126.00 per hour Engineer - E.I. $109.25 per hour Professional Engineer $154.50 per hour Licensed Senior Professional Engineer $228.80 per hour Licensed Principal Engineer $260.00 per hour Licensed Senior Principal Engineer $299.50 per hour Safety Director $156.25 per hour Clerical $61.60 per hour a + ' A charge of $12.25 per hour is added for every office hour worked to cover copying, fax, mail, telephone, long distance, paging, cell phone, trucks, field equipment, and other miscellaneous costs. e $0.85 per mile per vehicle from nearest office Indianapolis, rN o Pittsburgh, PA a Houston, TX a Plainfield, IL o EI Paso, TX o Sacramento, CA Travel by public transportation at cost, plus 10%. All other reimbursable expenses (not otherwise listed on this rate structure) at cost plus 10%. 3. Total Lead in Samples by Atomic Absorption Spectroscopy $140.50 per sample Total Metals (Cadmium, Chromium & Lead) in Samples by Atomic $286.50 per sample Absorption Spectroscopy © Leachable Lead in Samples by Toxicity Characteristic Leaching Procedure $592.50 per sample 07.11.1016 �0—F 0 Standard Form of Agreement between Owner and Engineer for Professional Design and Project Representation Services This AGREEMENT, made this day of , 2017 by and between Tank Industry Consultants, Headquartered at 7740 West New York Street, Indianapolis, Indiana 46214, hereafter referred to as the ENGINEER and City of Carmel Utilities, locat- ed at 4915 East 106th Street, Carmel, Indiana 46033, hereafter referred to as the OWNER. WITNESSETH: That for and in consideration of the mutual covenants and promises between the parties hereto; it is agreed: SECTION 1 - SERVICES OF ENGINEER 1.1. The ENGINEER agrees to provide professional design services for the Project in accordance with the ENGINEER's proposal to the OWNER dated January 27, 2017. 1.2. The ENGINEER agrees to provide professional bidding services for the Project in accordance with the ENGINEER's proposal to the OWNER dated January 27, 2017. 1.3. The ENGINEER agrees to provide professional contract administration services for the Project in accordance with the ENGINEER's proposal to the OWNER dated January 27, 2017. 1.4. The ENGINEER agrees to provide Resident Project Representation (PRP) services to monitor the contractor's workmanship as outlined in the ENGINEER's proposal to the OWNER dated January 27, 2017 and as specifically defined as follows: 1.5. The duties of the ENGINEER shall be: a. Conduct on-site observation of the Work in progress to assist the OWNER in determining if the Work is in general proceed- ing in accordance with the Contract Documents. b. Report to OWNER whenever ENGINEER believes that any Work is unsatisfactory or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any observation, test or approval required to be made; and advise OWNER of Work that ENGINEER believes should be corrected or rejected or should be uncovered for observation, or requires special testing, observation or approval. c. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project record the results of these visits and reports to the OWNER. d. Report to OWNER when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by OWNER. e. Conduct final evaluation in the company of Contractor and prepare a list of items to be completed or corrected. f. Observe that all items on the list have been completed or corrected and make recommendation to OWNER concerning ac- ceptance. g. ENGINEER shall not at any time supervise, direct, control, or have authority over any Constructor's work, nor shall ENGINEER have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construc- tion selected or used by any Constructor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of the Constructor to comply with Laws and Regulations applicable to that Constructor's fumishing and performing of its work. ENGINEER shall not be responsible for the acts or omissions of any Constructor. h. Through the Resident Project Representative's (RPR) observations of the Work, including field checks of materials and in- stalled equipment, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the Work. However, ENGINER shall not, as a result of such RPR observations of the Work, supervise, direct, or have con- trol over the Work, nor shall ENGINEER (including the RPR) have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, for security or safety at the Site, for safety precautions and programs incident to the Work or any Constructor's work in progress, for the coordination of the Constructors' work or schedules, or for any failure of any Constructor to comply with Laws and Regulations applicable to the performing and furnishing of its work. The ENGINEER (include RPR) neither guarantees the perf6rmance of any Con- structor nor assumes responsibility for any Constructor's failure to f imish and perform the Work, or any portion of the Work, in accordance with the Construction Contract documents. 1.6. If ENGINEER is requested to perform observation of the contractor's workmanship, then the limitations of authority of the ENGINEER shall include: a. The ENGINEER shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless directed by the OWNER. b. The ENGINEER shall not exceed the limitations of the.OWNER's authority as set forth in this Agreement and the Contract Documents. c. The ENGINEER shall not undertake any of the responsibilities of the contractor, sub -contractors or contractor's superinten- dent. Hb d. The ENGINEER shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction. e. The ENGINEER shall not advise, issue directions regarding or assume control over safety precautions and programs in con- nection with the Work. f. The ENGINEER shall not advise on, issue directions regarding or assume control over contractor's compliance with envi- ronmental regulations. SECTION 2 - OWNER'S RESPONSIBILITIES OWNER shall do the following in a timely manner so not to delay the services of ENGINEER. 2.1. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to ENGINEER's services for the Project. 2.2. Provide all criteria and full information as to ENGINEER's services hereunder as to OWNER'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER currently has, if any. 2.3. Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services under this Agreement. 2.4. Review all of ENGINEER's submittals and provide comments and input to allow ENGINEER's work to meet OWNER's objec- tives. 2.5. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services, or any defect or nonconformance in the work of any Contractor affecting the Project. 2.6. Perform the duties required under the Terms section (if any) of the Proposal. 2.7. The information and services to be provided by OWNER under the Section will be without cost to ENGINEER. SECTION 3 -PAYMENTS TO ENGINEER OWNER shall pay ENGINEER for Services rendered in the amounts outlined in the Proposal to the OWNER dated January 27, 2017. The OWNER shall issue payment to ENGINEER within 30 calendar days of receipt of properly submitted invoice. SECTION 4 -TERMS AND CONDITIONS 4.1. Professional Responsibility - ENGINEER represents that the services shall be performed, within the limits presented by OWNER, in a manner consistent with the level of care and skill ordinarily exercised by other professional consultants under simi- lar circumstances at the time the services are performed. No other representations to OWNER, expressed or implied and no war- ranty or guarantee is included in this Agreement, or in any report, opinion, document, or otherwise. 4.2. Re -Use of Documents - All documents furnished by the ENGINEER pursuant to this Agreement are instruments of services in respect to the Project and the ENGINEER shall retain ownership of said documents whether or not the Project is completed. The OWNER may make and retain any additional copies for information and reference in connection with the use of the Project by the OWNER and others for the Project; however, such documents are not intended to be suitable for re -use by the OWNER or others on extensions of the Project or on any'other project. Any re -use without the express written consent of the ENGINEER will be at re -user's sole risk and without liability or legal exposure to the ENGINEER, and the OWNER shall indemnify and hold harmless the ENGINEER from all claims, damages, losses, expenses, and costs, including attorneys' fees arising out of or result- ing from the reuse of said documents without the ENGINEER's consent. The granting of such consent will entitle the ENGINEER to further compensation at rates to be agreed upon by the OWNER and the ENGINEER. 4.3. Insurance - ENGINEER shall procure and maintain workers' compensation, automobile, general liability and professional liabil- ity insurance. Upon receipt of this executed Agreement, ENGINEER shall provide OWNER with certificates of insurance for OWNER's review and use. ENGINEER and OWNER shall require all contractors working on this project to list ENGINEER and OWNER as an additional insured on their insurance certificates. 4.4. Termination - The obligation to perform under the terms of this Agreement may be terminated by ENGINEER upon thirty (30) days' written notice to OWNER in the event of substantial failure of OWNER to perform in accordance with the terms hereof. This Agreement may be terminated by OWNER with or without cause upon thirty (30) days' written notice to ENGINEER. OWNER shall compensate ENGINEER for all work performed up to and including the termination date. 4.5. Indemnification - The ENGINEER agrees to indemnify the OWNER, their officers, employees, and agents against, and will hold and save them harmless from claims, damages, losses or omissions due to the negligence of the ENGINEER in the perfor- mance of this Agreement, but only for that portion of such negligence of the ENGINEER compared to the total negligence of all persons, firms, or corporations which results in said damages to the OWNER. The ENGINEER shall not be liable for any conse- quential damages. The fees listed in the Proposal to the OWNER dated January 27, 2017 are based upon the total liability to the ENGINEER not exceeding $50,000 or the contract amount, whichever is greater. A IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly elected officials, this AGREEMENT in duplicate on the respective dates indicated below. ENGINES stry Consultants By: Gregory R. `Chip" Stein, P.E-,1kanaging Principal Dated: Z—' I A OWNER: By: Printed: "�j-i i s -t eT X O EXHIBIT B Invoice Name of Company: Address & Zip: Telephone No.: Fax No.. Project Name: Invoice No. Purchase Order No: Date: Signature Printed Name Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided (Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker's Compensation & Disability Statutory Limits Employer's Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit Property damage, contractual liability, products -completed operations: General Aggregate Limit (other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal & Advertising Injury Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage (any one fire): $250,000 Medical Expense Limit (any one person): $ 50,000 Comprehensive Auto Liability (owned, hired and non -owned) Bodily Single Limit: Injury and property damage: Policy Limit: Umbrella Excess Liability Each occurrence and aggregate: Maximum deductible: $500,000 each accident $500,000 each accident $500,000 $500,000 $ 10,000 EXHIBIT D AFFIDAVIT Gregory R. Stein , being first duly sworn, deposes and says that he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this matter, could testify as follows: 1. I am over eighteen (18) years of age and am competent to testify to the facts contained herein. 2. I am now and at all times relevant herein have been employed by Tank Industry Consultants (the "Employer") in the position of Managing Principal 3. I am familiar with the employment policies, practices, and procedures of the Employer and have the authority to act on behalf of the Employer. 4. The Employer is enrolled and participates in the federal E -Verify program and has provided documentation of such enrollment and participation to the City of Carmel, Indiana. 5. The Company does not knowingly employ any unauthorized aliens. FURTHER AFFIANT SAYETH NOT. EXECUTED on the 2nd day of February , 2017 . Printed: Gregory R. Stein I certify under the penalties for perjury under the laws of the United States of America and the. State of Indiana that the foregoing factual statements and representations are true and correct. Printed: Gregory R. Stein City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 PAGE 1 PURCHASE ORDER NUMBER W10024 THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE. PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 1/27/2017 297250 TANK INDUSTRY CONSULT INC VENDOR 7740 WEST NEW YORK STREET INDIANAPOLIS IN 46214 CARMEL SHIP 3450 W TO CARMEL, WATER OPERATIONS 131st STREET IN 46074 CONFIRMATION BLANKET CONTRACT PAYMENT TERMS FREIGHT QUANTITY I UNIT OF MEASURE I DESCRIPTION I UNIT PRICE I EXTENSION 1.00 Each REHAB ELEVATED WATER 60,475.00 60,475.00 STORAGE TANK #H366.006 01-6360-06 PLEASE INVOICE IN DUPLICATE Credit 0.00 Department Account Project Project Account AMOUNT PAYMENT 60,475.00 SHIPPING INSTRUCTIONS SHIP PREPAID ' C.O.D. SHIPMENTS CANNOT BE ACCEPTED PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABELS THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. DOCUMENT CONTROL NO. W10024 ' A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFADAVIT ATTACHED. ' I HEREBY CERTIFY THAT THERE IS AN OBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY F THE BOVE ORDER. ORDERED BY TITLE CLERK -TREASURER