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HomeMy WebLinkAboutItem 08 Approval to Piggyback off of City of West Palm Beach Contract to Repair Tank #1 and Tank #2 at the Forest Oaks Water Plant City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: June 20, 2023 Item #: 8 Contact Name: Trent Hopper Department Director: Jamie Croteau Contact Number: Ext. 4306 City Manager: Robert Frank Subject: Approval to Piggyback off of City of West Palm Beach Contract to Repair Tank #1 and Tank #2 at the Forest Oaks Water Plant. (Utilities Director Croteau) Background Summary: As part of the Utilities Department 10-Year Maintenance Program, the approved budget for Fiscal Year 2022- 23 includes $230,000 to repair Tank #1 and Tank #2 at the Forest Oaks Water Plant. The Florida Department of Environmental Protection requires the ground storage tanks at the Forest Oaks Water Plant to be inspected every five (5) years. In February 2021, the City hired CROM Coatings and Restorations, a Division of CROM, LLC (CCR) and the builder of the City's ground storage tanks, to perform the inspections. Due to the age of the tanks, which were built in 1984 and 1996 respectively, extensive repairs are needed. CCR is currently under contract with the City of West Palm Beach for "Master Water Storage Tank Cleaning and Repair Services" (Contract#20696, expiring 6/3/2024) and has provided proposals to repair both tanks at a total cost of $203,940 (Tank #1 $135,515 and Tank #2 $68,425). Issue: Should the Honorable Mayor and City Commissioners approve to piggyback West Palm Beach Contract#20696 to repair Tank #1 and Tank #2 at the Forest Oaks Water Plant? Recommendations: Staff recommends that the Honorable Mayor and City Commission authorize the City Manager to cause the repair of Tank#1 and Tank #2 at the Forest Oaks Water Plant at a total cost of $203,940 by utilizing West Palm Beach Contract #20696. Attachments: 1. West Palm Beach Contract 2. Proposal - Tank #1 3. Proposal - Tank #2 Financial Impacts: No financial impact as this project is adequately funded in the Fiscal Year 2022/23 budget. Type of Item: Consent Page 97 of 252 Page 98 of 252 Page 99 of 252 Page 100 of 252 Page 101 of 252 Page 102 of 252 Page 103 of 252 Page 104 of 252 Page 105 of 252 Page 106 of 252 Page 107 of 252 Page 108 of 252 Page 109 of 252 Page 110 of 252 Page 111 of 252 Page 112 of 252 Page 113 of 252 Page 114 of 252 Page 115 of 252 Page 116 of 252 Page 117 of 252 Page 118 of 252 Page 119 of 252 Page 120 of 252 Page 121 of 252 Page 122 of 252 Page 123 of 252 Page 124 of 252 Page 125 of 252 Page 126 of 252 Page 127 of 252 Page 128 of 252 Page 129 of 252 Page 130 of 252 Page 131 of 252 Page 132 of 252 Page 133 of 252 Page 134 of 252 Page 135 of 252 Page 136 of 252 Page 137 of 252 Page 138 of 252 Page 139 of 252 Page 140 of 252 Page 141 of 252 Page 142 of 252 Page 143 of 252 Page 144 of 252 Page 145 of 252 Page 146 of 252 Page 147 of 252 Page 148 of 252 Page 149 of 252 Page 150 of 252 Page 151 of 252 Page 152 of 252 Page 153 of 252 Page 154 of 252 Page 155 of 252 Page 156 of 252 Page 157 of 252 Page 158 of 252 Page 159 of 252 Page 160 of 252 Page 161 of 252 Page 162 of 252 Page 163 of 252 Page 164 of 252 Page 165 of 252 Page 166 of 252 Page 167 of 252 Page 168 of 252 Page 169 of 252 Page 170 of 252 Page 171 of 252 Page 172 of 252 Page 173 of 252 Page 174 of 252 Page 175 of 252 Page 176 of 252 Page 177 of 252 Page 178 of 252 Page 179 of 252 Page 180 of 252 Page 181 of 252 Page 182 of 252 Page 183 of 252 Page 184 of 252 Page 185 of 252 Page 186 of 252 Page 187 of 252 Page 188 of 252 Page 189 of 252 Page 190 of 252 Page 191 of 252 Page 192 of 252 Page 193 of 252 Page 194 of 252 Page 195 of 252 Page 196 of 252 Page 197 of 252 Page 198 of 252 Page 199 of 252 Page 200 of 252 Page 201 of 252 Page 202 of 252 Page 203 of 252 Page 204 of 252 Page 205 of 252 Page 206 of 252 Page 207 of 252 Page 208 of 252 Page 209 of 252 Page 210 of 252 Page 211 of 252 Page 212 of 252 Page 213 of 252 Page 214 of 252 Page 215 of 252 Page 216 of 252 Page 217 of 252 Page 218 of 252 Page 219 of 252 Page 220 of 252 Page 221 of 252 November 22, 2022 Revised May 5, 2023 Revised May 25, 2023 PROPOSAL 20210669 REPAIRS BASED ON INSPECTION REPORT 400,000-GALLON GROUND STORAGE TANK OCOEE, ORANGE COUNTY, FLORIDA CROM Coatings and Restorations, a Division of CROM, LLC ("CCR") proposes to provide labor and material for the repair/modification/coating of the prestressed concrete tank for City of Ocoee, 15 North Lakeshore Drive, Ocoee, Florida 34761 ("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 repair/modification/coating of the aforementioned storage tank(s)/structure(s) 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: This scope of work is to be performed on the following tank: Page 222 of 252 20210669 – Repairs Based on Inspection May 25, 2023 Ocoee, Florida Page 2 CCR011 – 11/14//2022 • 400,000-Gallon Ground Storage Tank 60'-0" ID x 18'-11" SWD (CROM Job No. 1984-M-020) a. Mobilization of crew, equipment, and material to site. b. Pressure wash the dome access hatch assembly, two vents, all four emergency overflows, the exterior and interior of the aerator housing, and the liquid level indicator at a minimum 3500 psi to remove dirt, oil, grease, delaminated coatings, and other contaminants from the surface. c. Fabricate and install new screens on all four emergency overflows. d. Rescreen aerator and center vents. e. Fabricate and install new handrail extensions located at the dome access hatch safety rail between the existing ladder and safety rail system to comply with OSHA. f. Fabricate and install a new self-closing gate at the Dome Safety Handrail to comply with OSHA. g. Aerator Refurbishment: 1. Removed the 6 existing aerator trays. Trays will be shipped to CROM for refurbishment. 2. Install the newly refurbishment 6 aerator trays. 3. Apply new Gelcoat. h. Repair / replace damaged parts associated with the Liquid Level Indicator. Install new target device. i. Perform surface preparation and apply new Gelcoat to the exterior surfaces of the Liquid Level Indicator mechanism, the dome access hatch assembly, and the center vent covers. j. Abrasive blast the interior tank baffle wall removing laitance and hardeners while providing a surface profile equal to an ICRI CSP 5 or greater, as per SSPC-13/NACE 6 standards. Spot resurface the baffle wall with Tnemec Series 218 per manufacturer's recommendations as required. k. Spot repair up to 100 square feet of the interior dome by abrasive blasting and followed up by 2 coats of Tnemec Series L140 Pota-Pox Plus at 2.0-10.0 MDFT per coat, per manufacturer's recommendations. l. Spot repair up to 500 square feet of the interior tank wall by abrasive blasting and followed up by 2 coats of Tnemec Series L140 Pota-Pox Plus at 2.0-10.0 MDFT per coat, per manufacturer's recommendations. m. Power wash up to 2700 square feet of the tank interior wall, ceiling, and baffle wall to prepare the surfaces for repairs and coatings. n. Abrasive blast the interior piping up to 150 square feet to remove rust, corrosion, and other contaminants from the substrate. Apply two coats of Tnemec Series L140 Pota-Pox Plus at 2.0-10.0 MDFT per coat. o. Re-secure existing interior ladder to tank wall with new stainless-steel hardware. p. Tank Cleaning to Meet the Requirements of Florida Administrative Code 62-555.350: Rinsing of up to 1" of soft silty sediment only from the previously drained tank interior sufficiently so that they are clean enough to inspect. This requires that others provide either a fire hydrant or other 2" hose connection to CCR and assumes that the wash water can be disposed of onsite through the tank's piping. q. Tank disinfection in accordance with AWWA C652. Page 223 of 252 20210669 – Repairs Based on Inspection May 25, 2023 Ocoee, Florida Page 3 CCR011 – 11/14//2022 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, and agrees to defend, indemnify, and hold CCR harmless from any claim or liability for injury or loss, including costs to defend, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition, 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. 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/structure site. 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/structure. 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. Sanitary facilities for the CCR crew for the duration of the project. h. Drainage and disposal of the tank's/structure’s contents. i. Refilling, bacteriological sampling, and testing of the tank’s contents. j. Cleaning the interior and exterior of the tank/structure and accessories. k. Complete lock-out and tag-out of the subject tank/structure prior to personnel entering each tank/structure. 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/structure is rendered "safe" before CCR will perform air quality testing to enter each tank/structure. l. All professional engineering design services. m. 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. n. Confined space compliance including hole watch, ventilation, and retrieval system. Page 224 of 252 20210669 – Repairs Based on Inspection May 25, 2023 Ocoee, Florida Page 4 CCR011 – 11/14//2022 o. Proper environmental conditions including ambient temperature, moisture control and curing conditions. p. 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. 6. LIMIT ON INDIVIDUAL LIABILITY OF DESIGN PROFESSIONAL LIMITATION ON INDIVIDUAL LIABILITY OF DESIGN PROFESSIONAL - TO THE EXTENT PERMITTED BY LAW, AN EMPLOYEE, AGENT, DESIGN PROFESSIONALS, OR ENGINEERS 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 AND 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, CCR 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 $400.00, whichever is greater. The additional charge for the higher liability limits is because of the greater risk assumed and is not 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 other 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 own personnel. If we are required to employ persons of an affiliation desirable to the Client or other 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 so 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 This quotation is valid for 45 days (Note: duration per project documents if none enter 30 days). Should the Page 225 of 252 20210669 – Repairs Based on Inspection May 25, 2023 Ocoee, Florida Page 5 CCR011 – 11/14//2022 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. 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 (insert anticipated construction start date) and will undertake to furnish sufficient labor, materials, and equipment to complete construction of our scope of work within approximately 20 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 price of: Mobilization: $ 1,500.00 Liquid Level Repair Kit with Target: $ 3,586.00 Apply Gelcoat to LLI, Center Vent, and Access Hatch: $ 12,047.00 New Self Closing Gate and Handrail Extensions: $ 2,766.00 Re-Screen Emergency Overflows: $ 1,230.00 Re-Screen Aerator and Center Vents: $ 6,350.00 Aerator Rehab, Refurbish 6 Existing Trays: $ 13,936.00 Baffle Wall Spot Repair, Resurfacing with 218: $ 60,853.00 *Interior Dome Spot Repair and Coatings: $ 4,610.00 *Interior Wall Spot Repair and Coatings: $ 14,854.00 *Interior Pipework Resurface and Recoat: $ 6,685.00 Power Wash Interior Surfaces: $ 4,610.00 New Stainless Steel Mounting Hardware for Interior Ladder: $ 1,230.00 Disinfection: $ 922.00 New Manhole Cover Gasket: $ 336.00 Total: $ 135,515.00 Please Note: *Only one mobilization will be charged if work can be performed while CROM is already on site for the other tank. *The interior dome spot repair and coating is based on 100 square feet of repair at $46.10/SF. *The interior wall spot repair and coating is based on 500 square feet of repair at $29.71/SF. *The interior pipework resurface and recoat is based on 150 square feet of repair at $44.57/SF. 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 is to be received by us in our accounting office at 250 SW 36th 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, Page 226 of 252 20210669 – Repairs Based on Inspection May 25, 2023 Ocoee, Florida Page 6 CCR011 – 11/14//2022 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 1½% per calendar month, or any fraction thereof until received in our office. 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 affected 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 at fault. 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 the owner. 12. ARBITRATION/DISPUTE RESOLUTION AND VENUE Any controversy or claim relating to the contract between us shall be settled by arbitration in accordance 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 claim will be brought and tried in judicial jurisdiction of the court of the state and county where CCR's principal place of business is located and Client waives the right to remove the action to any other county or judicial jurisdiction, and the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' fees and other claim related expenses the venue for any litigation under this Agreement shall be in Alachua County, Florida. If CCR engages an attorney for the collection of the amounts due from the Client, the Client shall pay CCR its reasonable attorney's fees and costs through any appeal. The laws of the State of Florida will govern the validity of these terms, their interpretation and performance. If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities 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 tank/structure 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 God and pandemic. CCR does not assume responsibility for differing, latent or concealed conditions, which differ materially from those indicated in the Subcontract/Contract documents or from those ordinarily found to exist and not inherent in the Work, including but not limited to weather or subsurface conditions, and not caused by CCR's fault or negligence. 14. TERMINATION This agreement may be terminated by either party upon seven (7) days' written notice in the event 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 prior 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. Page 227 of 252 20210669 – Repairs Based on Inspection May 25, 2023 Ocoee, Florida Page 7 CCR011 – 11/14//2022 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-year 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 modifications, work, or repairs by others. If a bond is required for the Scope of Work included in this contract, CCR will furnish a one-year Performance and Payment Bond. The cost of this bond is not included in our price. Please add $9.00 per $1,000 of contract value. 16. ACCEPTANCE This proposal is offered for your acceptance within 45 days (Note: same duration from Section 8, paragraph 1) from the bid/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 Cliff Dykes Brett Bohannon Business Development Manager Region Lead /bfb.mkk ACCEPTED BY CLIENT _______________________________ PRINT: ________________________ TITLE: ________________________ DATE: ________________________ Page 228 of 252 November 22, 2022 Revised May 5, 2023 Revised May 25, 2023 PROPOSAL 20210698 REPAIRS BASED ON INSPECTION REPORT 640,000-GALLON GROUND STORAGE TANK OCOEE, ORANGE COUNTY, FLORIDA CROM Coatings and Restorations, a Division of CROM, LLC ("CCR") proposes to provide labor and material for the repair/modification/coating of the prestressed concrete tank for City of Ocoee, 15 North Lakeshore Drive, Ocoee, Florida 34761 ("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 repair/modification/coating of the aforementioned storage tank(s)/structure(s) 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: This scope of work is to be performed on the following tank: Page 229 of 252 20210698 – Repairs Based on Inspection May 25, 2023 Ocoee, Florida Page 2 CCR011 – 11/14//2022 • 640,000-Gallon Ground Storage Tank (Forest Oaks Plant, Tank No. 2) 71'-6" ID x 21'-5" SWD (CROM Job No. 1996-M-038.1B) a. Mobilization of crew, equipment, and material to site. b. Pressure wash the access hatch assembly, two vents, all four emergency overflows, the aerator housing including the trays and the liquid level indicator at a minimum 3500 psi to remove dirt, oil, grease, delaminated coatings, and other contaminants from the surface. c. Repair / replace damaged parts associated with the Liquid Level Indicator. d. Perform surface preparation and apply new Gelcoat to the exterior surfaces of the Liquid Level Indicator mechanism, the dome access hatch assembly, the fiberglass surfaces of the aerator housing including the trays, and the center vent covers. e. Fabricate and install new screens on all four emergency overflows. f. Rescreen aerator and center vents. g. Fabricate and install new handrail extensions located at the dome access hatch safety rail between the existing ladder and safety rail system to comply with OSHA. h. Fabricate and install a new self-closing gate at the Dome Safety Handrail to comply with OSHA. i. Spot repair up to 100 square feet of the baffle wall by abrasive blasting and applying Tnemec Series 218, per manufacturer's recommendations. j. Spot repair up to 100 square feet of the interior dome by abrasive blasting and applying Tnemec Series 218, followed up by 2 coats of Tnemec Series L140 Pota-Pox Plus at 2.0-10.0 MDFT per coat, per manufacturer's recommendations. k. Abrasive blast the interior piping including the manhole frame up to 200 square feet to remove rust, corrosion, and other contaminants from the substrate. Apply two coats of Tnemec Series L140 Pota-Pox Plus at 2.0-10.0 MDFT per coat. l. Repair the cracked splice section of the interior ladder and install a new stainless steel TS Rail system to the interior ladder. m. Tank Cleaning to Meet the Requirements of Florida Administrative Code 62-555.350: Rinsing of up to 1" of soft silty sediment only from the previously drained tank interior sufficiently so that they are clean enough to inspect. This requires that others provide either a fire hydrant or other 2-inch hose connection to CCR and assumes that the wash water can be disposed of onsite through the tanks' piping. n. Tank disinfection in accordance with AWWA C652. o. Provide and install a new manhole gasket. 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: Page 230 of 252 20210698 – Repairs Based on Inspection May 25, 2023 Ocoee, Florida Page 3 CCR011 – 11/14//2022 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, and agrees to defend, indemnify, and hold CCR harmless from any claim or liability for injury or loss, including costs to defend, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition, 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. 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/structure site. 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/structure. 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 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. Sanitary facilities for the CCR crew for the duration of the project. h. Drainage and disposal of the tank's/structure's contents. i. Refilling, bacteriological sampling, and testing of the tank's contents. j. Cleaning the interior and exterior of the tank/structure and accessories. k. Complete lock-out and tag-out of the subject tank/structure prior to personnel entering each tank/structure. 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/structure is rendered "safe" before CCR will perform air quality testing to enter each tank/structure. l. All professional engineering design services. m. 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. n. Confined space compliance including hole watch, ventilation, and retrieval system. o. Proper environmental conditions including ambient temperature, moisture control and curing conditions. p. Adhesion testing as required by the specifications. Page 231 of 252 20210698 – Repairs Based on Inspection May 25, 2023 Ocoee, Florida Page 4 CCR011 – 11/14//2022 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. 6. LIMIT ON INDIVIDUAL LIABILITY OF DESIGN PROFESSIONAL LIMITATION ON INDIVIDUAL LIABILITY OF DESIGN PROFESSIONAL - TO THE EXTENT PERMITTED BY LAW, AN EMPLOYEE, AGENT, DESIGN PROFESSIONALS, OR ENGINEERS 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 AND 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 CCR's employees and professionals who perform any services for Client. If Client prefers to have higher limits on general or professional liability, CCR 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 $400.00, whichever is greater. The additional charge for the higher liability limits is because of the greater risk assumed and is not 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 other 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 own personnel. If we are required to employ persons of an affiliation desirable to the Client or other 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 so 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 This quotation is valid for 45 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 Page 232 of 252 20210698 – Repairs Based on Inspection May 25, 2023 Ocoee, Florida Page 5 CCR011 – 11/14//2022 work can be scheduled for the assigned crew. 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 (insert anticipated construction start date) and will undertake to furnish sufficient labor, materials, and equipment to complete construction of our scope of work within approximately 16 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 price of: Mobilization: $ 1,500.00 Liquid Level Repair Kit: $ 2,906.00 Apply Gelcoat to LLI, Center Vent, Access Hatch, & Aerator: $ 12,687.00 New Self Closing Gate and Handrail Extensions: $ 3,046.00 Re-Screen Emergency Overflows: $ 1,354.00 Re-Screen Aerator and Center Vents: $ 6,350.00 Destructive Investigation for Interior Tank Wall: $ 6,895.00 *Interior Dome Spot Repair and Coatings: $ 7,263.00 *Interior Pipework and Manhole, Resurface and Recoat: $ 9,451.00 *Baffle Wall Spot Repair, Resurfacing with 218: $ 12,279.00 Interior Ladder Repair and Install New Stainless Steel TS Rail: $ 3,017.00 Disinfection: $ 1,341.00 New Manhole Gasket: $ 336.00 Total: $ 68,425.00 Please Note: *Only one mobilization will be charged if work can be performed while CROM is already on site for the other tank. *The interior dome spot repair and coating is based on 100 square feet of repair at $72.63/SF. *The interior pipework resurface and recoat is based on 150 square feet of at $47.25/SF. *The baffle wall spot repair and coating are based on 100 square feet of repair at $122.79/SF. 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 is to be received by us in our accounting office at 250 SW 36th 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 1½% per calendar month, or any fraction thereof until received in our office. 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 Page 233 of 252 20210698 – Repairs Based on Inspection May 25, 2023 Ocoee, Florida Page 6 CCR011 – 11/14//2022 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 at fault. 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 the owner. 12. ARBITRATION/DISPUTE RESOLUTION AND VENUE Any controversy or claim relating to the contract between us shall be settled by arbitration in accordance 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 claim will be brought and tried in judicial jurisdiction of the court of the state and county where CCR's principal place of business is located and Client waives the right to remove the action to any other county or judicial jurisdiction, and the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' fees and other claim related expenses the venue for any litigation under this Agreement shall be in Alachua County, Florida. If CCR engages an attorney for the collection of the amounts due from the Client, the Client shall pay CCR its reasonable attorney's fees and costs through any appeal. The laws of the State of Florida will govern the validity of these terms, their interpretation and performance. If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities 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 tank/structure 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 God and pandemic. CCR does not assume responsibility for differing, latent or concealed conditions, which differ materially from those indicated in the Subcontract/Contract documents or from those ordinarily found to exist and not inherent in the Work, including but not limited to weather or subsurface conditions, and not caused by CCR's fault or negligence. 14. TERMINATION This agreement may be terminated by either party upon seven (7) days written notice in the event 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 prior 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 Page 234 of 252 20210698 – Repairs Based on Inspection May 25, 2023 Ocoee, Florida Page 7 CCR011 – 11/14//2022 one-year 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 modifications, work, or repairs by others. If a bond is required for the Scope of Work included in this contract, CCR will furnish a one-year Performance and Payment Bond. The cost of this bond is not included in our price. Please add $9.00 per $1,000 of contract value. 16. ACCEPTANCE This proposal is offered for your acceptance within 45 days (Note: same duration from Section 8, paragraph 1) from the bid/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 Cliff Dykes Brett Bohannon Business Development Manager Region Lead /bfb.mkk ACCEPTED BY CLIENT _______________________________ PRINT: ________________________ TITLE: ________________________ DATE: ________________________ Page 235 of 252