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HomeMy WebLinkAboutDocumentation_Regular_Tab 19_6/8/2023Agenda Item #19. Regular Council STAFF MEMO Meeting: Regular Council - Jun 08 2023 Staff Contact: Marjorie Craig, Utilities Director Department: Utilities 0 Consider Approval of CROM Coatings and Restorations, a Division of Crom, LLC, Agreement for Water Storage Tank Repairs for $28,100 .- The Village of Tequesta Utilities Department (UD) recommends approval of an agreement with Crom Coatings and Restorations, a Division of Crom, LLC, (Crom) for $28,100, for repairs to the Village's pre -stressed concrete ground storage tanks (water storage tanks). UD recommends approval of the contract under the procurement provision that it is in the best interest of the Village to use Crom to perform the repairs. The water treatment plant has two existing ground storage tanks that were built by Crom. These tanks must be repaired by a qualified water storage tank manufacturer who can repair subsurface damage to the wire bracing and rebar in ground storage tank walls. Extensive repairs are to be completed on the 750,000 gallon tank, built in 1977 (46 years ago). Surface repairs are to be completed on the 2,000,000 gallon tank, built in 1991 (32 years ago). These repairs are necessary prior to recoating and painting the storage tanks. UD staff recommends approving this contract with Crom because of the significant experience Crom has had with ground storage tank repairs, with the Village's tanks in particular, and the technical expertise Crom has, which is required for the repairs. Please see the following FY23 budget breakdown for projects under Dept 411 - Renewal & Replacement Operating Expenditures/ Expense: 401-411-549.671: Miscellaneous Renewal and Replacement Miscellaneous Renewal and Replacement Recoat Ground Storage Tanks* Filter Media Replacement TOTAL FY23 This Current Budget Encumbered Request Remaining $102,000 $0 $28,100 $73,900 $450,000 $0 $0 $450,000 $552,000 $0 $28,100 $523,900 *this request (Crom Coatings and Restoration) — repair tanks before painting — painting by other contractor After the repairs are made, the remainder of the budget under "Recoat Ground Storage Tanks" will be used to recoat and paint the tanks under a separate contract and vendor. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768- 0443. Page 758 of 768 Agenda Item #19. PROJECT NAME: Water BUDGET: $552,000 ENCUMBERED: $0.00 Storage Tank Repairs (CROM) Proposed: Projected Remaining: $28,100 $523,900 2023.06.CROM Proaosal REV(4) Teauesta. FL 20210711 Page 759 of 768 Agenda Item #19. December 20, 2021 Revised January 23, 2023 Revised January 30, 2023 Revised May 15, 2023 Revised May 18, 2023 TRUSTED I EXPERIENCED I RELIABLE SINCE 1953 PROPOSAL 20210711 DESTRUCTIVE INVESTIGATION OF DOME BAND 750,000-GALLON AND 2,000,000-GALLON GROUND STORAGE TANKS TEQUESTA, FLORIDA CROM Coatings and Restorations, a Division of CROM, LLC ("CCR") proposes to provide labor and material for the Destructive Investigation of the prestressed concrete tank for The Village of Tequesta, 901 North Old Dixie Highway, Tequesta, Florida 33469 ("Client"). All work will be completed in accordance with all applicable codes and standards including OSHA, AWWA, ACI and standard prestressed concrete tank design. 1. DRAWINGS, SPECIFICATIONS, AND OTHER REQUIRED DATA The Client or a duly authorized representative, is responsible for providing CCR with a clear understanding of the project nature and scope as is reasonably known to the Client. The Client shall supply CCR with sufficient and adequate information, including, but not limited to, maps, site plans, reports, surveys, and designs, to allow CCR to properly complete the specified services. The Client shall also communicate changes in the nature and scope of the project as soon as possible during performance of the work so that the changes can be incorporated into the work product. Prior to starting work, CCR will request from Client data reasonably required for submittal purposes for the destructive investigation of the aforementioned storage tanks including any available computations, detailed drawings, and specifications. If, in the opinion of CCR, adequate data is not available or is incomplete, Client will be informed and arrangements made for creation of needed data. CCR will not perform engineering studies or perform work requiring professional engineering duties but will assist Client in obtaining such services. 2. INSURANCE CCR represents and warrants that it and its agents, staff and Consultants employed by it is and are protected by worker's compensation insurance and that CCR has such coverage under public liability and property damage insured policies which CCR deems to be adequate. Certificates for all such policies of insurance shall be provided to Client upon request in writing. Within the limits and conditions of such insurance CCR agrees to indemnify and save Client harmless from and against loss, damage, or liability arising from negligent acts by CCR, its agents, staff and consultants employed by it. CCR shall not be responsible for any loss, damage or liability beyond the amounts, limits, and conditions of such insurance or the limits described in Section 7, whichever is less. The Client agrees to defend, indemnify, and save CCR harmless for loss, damage or liability arising from acts by Client, Client's agent, staff, and other consultants employed by Client. Any bond requirement(s) by Client will carry an additional cost unless the parties agree otherwise. 3. SERVICES TO BE FURNISHED BY CCR CCR proposes to furnish all supervision, labor, material, and equipment required to complete the work, except as noted in Paragraph 4. The services to be furnished by CCR are specifically: 250 S.W. 2BTH TERRACE I GAINESVILLE, FLORIOA I 32BO7-2BB9 PHONE 052.072.0406 1 FAX 352.372.6209 1 WWW.CROMCORRCOM CHATTANOOGA, TN - FORT MYERS, FL - GAINESVILLE, FL - RALEIGH, NC - WEST PALE PW6, '7MF&f 768 Agenda Item #19. 20210711 — Destructive Investigation Tequesta, Florida This scope of work is to be performed on the following tanks: 0.75-MG Gallon Ground Storage Tank 80'-0" ID x 20'-0" S W D (CROM Job No. 1977-M-015) a. Mobilization. May 18, 2023 Page 2 b. Repair minor spalls by manually or mechanically removing loose material and establishing a profile receptive to the application of cementitious repair material (estimated quantity of 10SF). c. Destructive investigation of dome band (SOW assumes wires do not need replacement). (a) Remove loose and unsound concrete to expose prestressed wires. (b) Clean and remove corrosion from exposed wires. (c) Examine the wires to ensure that there are no signs of deterioration or loss of strength. (d) Paint the exposed wires with a corrosion inhibitor/bonding epoxy. (e) Rebuild the band to its original depth with SikaQuick VOH and provide a screed finish. (f) After proper cure time, paint repaired area with Tnemec Series 156 (the new paint and repair mortar will not be a perfect match to the original, but the same color selection will be used). d. Repair LLI. Note: If the investigated wires are deemed to be unsound and require post tension strand installation to restore design strength, a change order will be required. 2.0-MG Gallon Ground Storage Tank 130'-0" ID x 19'-11" SWD (CROM Job No. 1991-M-047) e. Repair minor spalls by manually or mechanically removing loose material and establishing a profile receptive to the application of cementitious repair material (estimated quantity of 10SF). 4. MATERIALS AND SERVICES FURNISHED BY CLIENT OR OTHERS It is understood that the following services shall be provided by others without expense to CCR: a. Client will grant or obtain free access to the site for all equipment and personnel necessary for CCR to perform the work set forth in this Proposal. The Client will notify any and all processors of the project site that Client has granted CCR free access to the site. CCR shall be responsible for site cleanup and repair of any damages caused by CCR or its subcontractors. b. The Client is responsible for the accuracy of locations for all subterranean structures and utilities. CCR will take responsible precautions to avoid known subterranean structures, and the Client waives any claim against CCR arising from damage done to subterranean structures and utilities not identified or accurately located. In addition, the Client agrees to compensate CCR for any time spent or expenses incurred by CCR in defense of any such claim with compensation to be based upon CCR's prevailing fee schedule and expense reimbursement policy. Nothing contained in this proposal and agreement shall be construed as a waiver of the Client's sovereign immunity beyond the incident and individual waiver limits set by Sec. 768.28, Florida Statutes, including prohibitions on pre -judgment interest and punitive damages, and including limits related to any award of attorney's fees. Nothing contained in this proposal and agreement shall be construed as consent by the Client to be sued by third parties. CCRO,Rag0/76100f 768 Agenda Item #19. 20210711 — Destructive Investigation Tequesta, Florida May 18, 2023 Page 3 c. A continuous supply of potable water under 50 psi pressure at the rate of 60 gallons per minute for the use of the CCR crew within 100 feet of each tank site. (Note: If the scope includes using our UHP equipment please specify the minimum flow rate required to efficiently operate the UHP pumps and equipment. Minimum of 50 gpm. d. A continuous supply of electricity during the period of work: one 100-AMP, 110/220-volt service for the operation of our power tools and accessories, located not more than 100 feet from each tank. Please be sure that all circuit breakers are ground -fault protected. If it is necessary for CCR to supply its own electric power, add $500.00 per week to the contract amount. e. Any permit or other fees from any AHJ as may be required for the work including but not limited to all connect/disconnect, impact and building/construction fees. f. A suitable container conveniently located on site for the use of the CCR crew to dispose of construction debris generated during the repairs/modifications. g. Drainage and disposal of the tank's contents. h. Refilling, disinfecting, bacteriological sampling, and testing of the tank's contents. Cleaning the interior and exterior of the tank and accessories. j. Complete lock -out and tag -out of the subject tank prior to personnel entering each tank. The Client will be required to provide all materials for this process. The Client will be responsible for demonstrating to CCR that the lock -out procedure is complete, and the tank is rendered "safe" before CCR will perform air quality testing to enter each tank. k. All professional engineering design services. I. Method A "X-Cut Tape Test", per ASTM D3359, shall be completed by a qualified coatings inspector or coatings manufacturer representative prior to application of new coating system. Results of this test must be 4A or greater. If the results of this test are less than a 4A, CCR and the Client will have to re-evaluate the proposed scope of work and pricing. m. Confined space compliance including hole watch, ventilation, and retrieval system. n. Proper environmental conditions including ambient temperature, moisture control and curing conditions. o. Adhesion testing as required by the specifications. 5. BACK CHARGES AND CLAIMS FOR EXTRAS No claim for extra services rendered or materials furnished will be valid by either party unless written notice thereof is given during the first ten days of the calendar month following that in which the claim originated. CCR's claims for extras shall carry 30% for overhead and 10% for profit. Any mutually agreed upon deductive change order will provide only a credit for 10% profit but will not provide a credit for 30% overhead. CCR01Rago/Moof 768 Agenda Item #19. 20210711 — Destructive Investigation May 18, 2023 Tequesta. Florida Page 4 6. LIMIT CAN INDIVIDUAL LIABILITY OF DESIGN PROFESSIONAL LIMITATION ON INDIVIDUAL LIABILITY OF DESIGN PROFESSIONAL - TO THE EXTENT PERMITTED BY LAW, AN EMPLOYEE, AGENT, DESIGN PROFESSIONALS, OR ENGINEER EMPLOYED BY CCR SHALL NOT BE INDIVIDUALLY LIABLE FOR NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF EMPLOYMENT WITH CCR UNDER THIS PROPOSAL TO AN OWNER, CONTRACTOR, SUBCONTRACTOR. OR TO ANY THIRD PARTY CLAIMING BY ANID THROUGH THESE PARTIES. 7. RISK ALLOCATION Client agrees that CCRs liability for any damage on account of any error, omission or other professional negligence will be limited to a sum not to exceed $50,000 or CCR's fee, whichever is greater. Client agrees that the foregoing limits of liability extend to all of CCR's employees and professionals who perform any services for Client. If Client prefers to have higher limits on general or professional liability, CFI agrees to increase the limits up to a maximum of 1,000,000.00 upon Clients' written request at the time of accepting our proposal provided that Client agrees to pay an additional consideration of four percent of the total fee, or W0.00, whichever is greater. The additional charge for the higher liability limits is because of the greater risk assumed and is net strictly a charge for additional professional liability insurance. 8. ,ASSIGNMENT AND THIRD PARTIES Neither the Client nor CCR may delegate, assign, sublet or transfer their duties or any interest in this Proposal without the written consent of the tither party. Both parties agree there are no intended third - party beneficiaries to this Proposal including other contractors or parties working on the project, or, if necessary, a surety of CCR, 9. LABOR This proposal is predicated on open -shop labor conditions, using our awry personnel. If we are required to employ persons of an affiliation desirable to the Client or ether contractor employed by him or the general contractor thereby resulting in increased costs to us, the contract price shall be adjusted accordingly. Such requirement shall not provide that CCR sign a contract with any labor organization_ In the event of a labor stoppage, we shall not be in default or be deemed responsible for delay of the progress of this contract or damage to the Client or the contractor see long as CCR has sufficient qualified employees available to perform the work. Our proposal is based on our crew performing our Scope of Work in accordance with our standard safety program. If any additional safety requirements are placed on us (not required by OSHA) such as; site training, additional safety equipment or permit required confined space, the cost for such additional requirements plus 30% for overhead shall be reimbursed to us. 10. SCHEDULE, COMMENCEMENT, AND DELAYS Based can the Client's request, this scope of work is anticipated to begin field construction on August 1, 2023_ This quotation is valid for 30 days (Note: duration per project documents if none enter 30 days). Should the anticipated construction start date change during project execution, a new quotation will be required to reflect updated pricing due to market changes. Furthermore, a new mutually agreeable Commencement Date will be incorporated into this Proposal (or other agreement between us). If the readiness of the project site or conditions do not allow efficient execution of our work on or before the Anticipated' Construction 'Start Date or Commencement Date (whichever governs), our contract price will increase $55.00 per man hour of crew delay until other productive work can be scheduled for the assigned crew, GGRORa�"IYW"P 768 Agenda Item #19. 20210711 — Destructive Investigation Tequesta, Florida May 18, 2023 Page 5 An agreement must be executed between us to allow sufficient time for preparation of our design drawings and other submittals. CCR will be prepared to start work on August 1, 2023 and will undertake to furnish sufficient labor, materials, and equipment to complete construction of our scope of work within approximately 2 days working time thereafter. Confirm that these milestones and durations are considered when selecting the Commencement Date above. It is agreed that we shall be permitted to execute our work without interruption. If delayed at any time for a period of 24 hours or more by an act or neglect of the owner, his representative, or other contractor employed by him, or by the general contractor, or by reason of any changes ordered in the work, we shall be reimbursed for our actual additional expense caused by such delay, including loss of use of our equipment, plus 30% for overhead. In the event an agreement apart from this proposal is preferred, such agreement shall include this Proposal and all the conditions herein unless both parties agree in writing to specifically omit any condition. 11. QUOTATION We are prepared to carry out this work in accordance with the foregoing for the lump sum of: Mobilization Destructive Investigation of Dome Band Spall Repair (10SF @ $160/SF) Coating System Application Repair LLI Spall Repair 2.0-MG Tank (10SF @ $1601SF) $ 1,200.00 $16,600.00 $ 2,500.00 $ 1,800.00 $ 3,500.00 $ 2,500.00 Total $ 28,100.00 Periodic and final payment, including any retention, shall be made within 7 days from the date our work is completed, or the billing is received, or in accordance with applicable state Prompt Payment law, whichever is earlier, and isto be received by us in our accounting office at 250 SW 36'h Terrace, Gainesville, Florida 32607. All costs for third party contracts and billing management services, or use of any software, as may be required by the Customer or Owner, will be added to the Contract Price, by change order. Final payment shall not be held due to delays in testing. Payment not received by that date will be considered past due and will be subject to a late payment charge of 1'/z% per calendar month, or any fraction thereof until received in ouroffice. If CCR does not receive payment within 7 days after such payment is due, as defined herein, CCR may give notice, without prejudice to and in addition to any other legal remedies and may stop work until payment of the full amount owing has been received. The Proposal Amount and Time shall be adjusted by the amount of CCR's reasonable and verified cost of shutdown, delay, and startup, which shall be effected by an appropriate change order. Any reasonable legal or other expense necessary for the enforcement of this Proposal or for the collection of monies due shall be borne by the party atfault. If sales tax is excluded from our price, or on materials contained in our price, in accordance with project specifications, such exclusion is subject to receipt of adequate tax exemption documents from you or the project owner prior to commencement of Work to allow for our application of same. If proper tax exemption documentation is not received or is not adequate to provide exemption, we reserve the right to receive reimbursement of all sales tax CCR is obligated to pay due to the tardiness, lack of, or inadequate exemption documentation on behalf of you or theowner. CCR01Rago/76400f 768 Agenda Item #19. 20210711 — Destructive Investigation May 18, 2023 Tequesta. Florida Page 6 12. ARBITRATIONIDISPUTE RESOLUTION AND VENUE Any controversy or claim relating to the contract between us shall be settled by arbitration in aocordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment by the arbitrator(s) may be entered in any court having jurisdiction, The venue for any litigation under this Agreement shall be in Palm Beach County, Florida. The prevailing party will be entitled to recovery of all reasonable costs incurred„ including staff time, court costs, attorneys' fees, and ether claim -related expenses. The laws of the State of Florida will govern the validity of these terms, their interpretation„ and performance. If any of the previsions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the rerinaining provisions will not be impaired. Limitations of liability and indernnities will.. Survive termination of this Agreement for any cause, 13, CHANGES IN SCOPE AND LIMITATIONS If the Client wishes to have CCR perform any additional repairs or remediation of the tanks or accessories, it shall authorize such work in writing and pay CCR its standard rates for such work. It is agreed that CCR shall not be responsible for any consequential, special or delay damages or any force majeure events, including but not limited to acts of Cod and pandemic. CCR does not assume responsibility for differing, latent or concealed conditions., which differ materially from those indicated in the Su bcontract/Contract documents or from these ordinarily found to exist and not inherent in the Work„ including but not limited to weather or subsurface conditions, and not caused by CClTs fault or negligence. 14, TERMINATION This agreement may be terminated by either party upon Seven (7) days written notice in the went of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall be effective if that substantial failure has been redeemed before expiration of the period specified in the written notice. In the event of termination„ CCR shall be paid for services performed to the termination notice date plus reasonable termination expenses_ In the event of termination, or suspension for more than three (3) months prier to completion of all work contemplated by the proposal. CCR may complete such analyses and records as necessary to complete their files and may also complete a report on the services performed to the date of notice of termination or suspension. The expense of termination or suspension shall include all direct costs of CCR in completing such analyses. records and reports if necessary. 15. GUARANTEE CCR will guarantee its workmanship and materials on its work covered in this Proposal for a period of one- year after completion of its work, Prior to leaving the location, CCR personnel will perform a walk through with the responsible party overseeing our work for the Client. In case any defects in CCR's workmanship or materials appear within the one -pear period after completion and acceptance of CCR's work„ CCR shall promptly make repairs at its own expense upon written notice by the Client that such defects have been found. CCR's guarantee is limited to defects in CCR's workmanship and materials, excluding inspections, cleaning, and disinfection services ("Services'). CCR shall endeavor to perform these Services with that degree of care and skill ordinarily exercised under similar circumstances by contractors practicing in the same discipline at the same time and location. CCR shall not be responsible for, nor liable for, delamination of previous coatings application, any ordinary wear and tear or for damage caused from negligent or inappropriate use or by any other entity beyond our control, including but not limited to rnodificatians, work, or repairs by others_ If a bond is required for the Scope of Work incluided in this contract, CCR will furnish a one-year Performance and Payment Bond. The cost of this bond is not incluided in our price. Please add $9,00 per 1 „000 of contract value. CRO,Paycs 7f6Vf 768 Agenda Item #19. 20210711 — Destructive Investigation Tequesta, Florida 16. ACCEPTANCE May 18, 2023 Page 7 This proposal is offered for your acceptance within 30 days (Note: same duration from Section 8, paragraph 1) from the proposal date. We reserve the right after that period to amend our proposal to reflect our changing construction schedules and materials and labor rate changes. The return to this company of a copy of this proposal with your acceptance endorsed thereon within the time aforesaid will constitute a contract between us. This proposal shall be made a part of any subcontract agreement or purchase order. Sincerely, CROM Coatings and Restorations, a Division of CROM, LLC r� Alexander Ciasca Region Lead / Business Development Manager /adc.jm ACCEPTED BY CLIENT PRINT: Molly Young TITLE: Mayor IU_A1110 CCRO-Raga/-Pl of 768 Agenda Item #19. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 767 of 768 Agenda Item #19. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 768 of 768