2013 RFP 10/11-05, Elevated Water TankseD
CIT
SXRFOP.D
FINANCE DEPARTMENT
Thursday, December 20, 2018
PURCHASING DEP 'TME
TRANsmirrAL MEMORANDUM
TO: City Clerk/Mayor
RE: '5��p IC11 � k -cfb E-Aeat -\ S
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
n
Development Order
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Mayor's signature
F]
Final Plat (original mylars)
F].
Recording
F]
Letter of CreditRendering
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Maintenance Bond
Ur
Safe keeping (Vault)
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Ordinance
E]
Deputy City Manager
F]
Performance Bond
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Payment Bond
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Resolution
Fj
City Manager Signature
EJ
F]
City Clerk Attest/Signature.
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City Attorney/Signature
Once completed, please:
F] Return originals to Purchasing- Department
❑ Return copies
Special Instructions:
1-i,ol.d ye�y 13ojad-zi4ev-
From
SharePoint—Finance—Purchasing_Forms - 2018.doc
Date
Scope of Services
Washout Inspection. Every other year, once the tank has been drained by the Owner, Caldwell
will clean and remove all mud, silt, sediments and other accumulations from the tank that may
be harmful to the interior tank lining using high pressure water washing methods and equipment
that are customary in the industry. Any waste water, debris or deposits resulting from such
cleaning and removal efforts will be disposed of by Caldwell on the Owner's property adjacent to
the tank, and the Owner shall be solely responsible for the same.
Visual Inspection. Following interior clean-out of the tank, Caldwell will visually inspect those
components of the tank that may be safely accessed on the interior and exterior of the tank
(including existing ladders, platforms, low -sloped roofs and container floors), for the purposes of
evaluating the physical condition and appearance of those components of the tank, and
attempting to identify any material damage to or deterioration or degradation of the same (or
any coating applied to the same).
Caldwell will measure coating dry film thickness using a dry film thickness gage based on a
magnetic principle, such as the Positector 6000. A representative number of readings will be
taken at accessible locations. If the exterior coating is a candidate for overcoating, exterior
coating adhesion test may be performed in accordance with ASTM D-3359 "Measuring
Adhesion by Tape Test." In addition, subjective knife cutting and probing may be employed.
In performing this inspection, Caldwell will employ such inspection methods, means and
procedures as Caldwell deems appropriate under the circumstances; provided, that Caldwell's
representatives will not be required to remove any insulation or other coverings, linings or
coatings in order to visually inspect any components of the tank lying thereunder. The
inspection services will not include an evaluation of the structural design, structural integrity or
structural tolerances of any components of the tank, or the identification of structural defects of
any of those components. Rather, this inspection is limited to a visual survey of the general
condition of the structural components of the tank. The tank will not be "rigged" by Caldwell in
order to undertake such inspection services, and Caldwell will not be obligated to employ any
specialized optical tools or equipment (save for ordinary eye wear) in order to enhance the
visual inspection. Caldwell agrees to use reasonably trained and qualified personnel to perform
the inspection services.
Sampling. If not previously tested, Caldwell will acquire samples from both the interior and
exterior of each tank for potential hazardous metals (i.e., lead, cadmium, and chromium) testing.
Samples will be removed by scraping the coating to bare metal. Samples with be provided to
the Owner for subsequent testing if necessary.
Report. Caldwell will issue to the Owner a written report as soon as practicable following the
completion of the inspection services contemplated above, containing a narrative and
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photographic documentation of those components or aspects of the tank believed by Caldwell,
on the basis of its inspection, to warrant repair, servicing or replacement by the Owner, or
believed by it to constitute conditions that warrant continued observation by the Owner for
potential future repair, servicing or replacement. The report will include descriptions of the
locations of any relevant observed problems, and recommendations for repair, servicing or
replacement. The report will include descriptions of the location of any faults in the structure
and will include recommendations for maintenance painting and repairs.
The report will be signed and sealed by a professional engineer registered in the state of
Florida.
Disinfection and Other Services. After the clean-out and inspection services outlined above
have been completed, Caldwell will disinfect the interior of the tank in accordance with AWWA
C652, will re -install or, as needed, replace the gasket(s) of the tank, and will re -attach or re-
install the hatches and manways the tank that were opened. Caldwell will also furnish pressure
relief valves, if needed, for the Owner's continued use of its water system while the tank is off-
line for the performance of the services by Caldwell.
Repairs and Replacements. Caldwell will repair or, if required in Caldwell's reasonable
judgment, replace any steel parts, expansion joints, indicator floats, vent screens, bracing rods,
grout, manholes or other component parts of the Tank that are identified by Caldwell during its
inspections of the Tank as being materially defective or materially damaged, subject to the
limitations provided for in this Agreement, and subject to the provisions of the Supplemental
Terms. Caldwell's performance of the repair or replacement Services contemplated in the
preceding sentence shall be undertaken by it during the Term as soon as reasonably
practicable under the circumstances following the date on which Caldwell first becomes aware
of the relevant defect or damage. Notwithstanding the preceding sentence, Caldwell reserves
the right to defer repairs or replacements for non -emergency damages or defects until
approximately the time of the next bi-annual interior clean-out of that Tank. Owner shall
reasonably cooperate with Caldwell by accommodating the completion of any repairs or
replacements required hereunder at the time(s) reasonably requested by Caldwell, and by
promptly fulfilling Owner's responsibilities with respect to the same.
Graffiti. Owner shall take reasonable steps to minimize the access of unauthorized persons to a
Tank, and to deter graffiti on that Tank. Subject to Owner's obligation under the preceding
sentence, once each year during the Term, Caldwell will repair and/or paint over any graffiti
painted on that Tank. In repainting or coating over such graffiti, Caldwell will endeavor to match
the color and gloss of the new paint or coating with that of the Tank's existing color; provided,
that Caldwell does not make any warranty or guaranty that the new paint or coating will visibly
match that existing color or gloss. Removing or overcoating graffiti is not considered an
emergency service.
Emergency Services. Caldwell will use reasonable best efforts to provide emergency service to
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address any conditions that threaten the immediate use of the Tank, provided Caldwell is
notified of such conditions and such service can be performed in a manner that is safe and
secure for Caldwell's representatives, in Caldwell's judgment. Reasonable mobilization time
must be allowed for Caldwell's crew to reach the Tank site. The initial response is intended to
assess the emergency situation. If reasonably possible under the circumstances, repairs will be
completed during the initial response, provided such service can be performed in a manner that
is safe and secure for Caldwell's representatives, in Caldwell's judgment.
Mellonville. Caldwell will blast clean the tank exterior in accordance with SSPC SP6
Commercial Blast Cleaning as indicated on the Schedule of Work and Fees. This will include
the implementation of a blast debris containment system and the removal of all existing
coatings, including the removal and disposal of all lead based coatings in accordance with local
and federal law. After blast cleaning, the tank will be primed with a zinc rich urethane primer.
An intermediate coating of high build epoxy will then be applied, followed by a complete coat of
high performance urethane finish paint.
The tank interior will be blast cleaned in accordance with SSPC SP 10 Near White Metal Blast
Cleaning as indicated on the Schedule of Work and Fees. The tank will then receive a complete
primer coat of high build, NSF approved epoxy lining. A second complete coat of high
performance epoxy will then be applied to the entire tank interior wet for a total system minimum
thickness of at least 10 dry mils.
Silver Lake. Caldwell will overcoat the exterior of the tank as indicated on the Schedule of Work
and Fees. Overcoating will include pressure wash cleaning of the tank. Areas of exposed
metal will be powertool cleaned and spot primed with a mastic epoxy primer. The tank exterior
will then receive 2 complete coats of high performance acrylic finish paint.
The tank interior will be blast cleaned in accordance with SSPC SP 10 Near White Metal Blast
Cleaning as indicated on the Schedule of Work and Fees. The tank will then receive a complete
primer coat of high build, NSF approved epoxy lining. A second complete coat of high
performance epoxy will then be applied to the entire tank interior wet for a total system minimum
thickness of at least 10 dry mils.
At the time of exterior over -coating or repainting the exterior, you may select a color different
from the existing one so long as the color is a white or pastel tone.
Repairs.
Caldwell will undertake the following tank repairs as part of this contract:
Mellonville
• Weld repair holes in the roof
• Touchup paint
• Replace all safety climb devices
• Repair foundation grout
• Seal vent screens
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• Replace broken obstruction light
• Install 24" diameter hinged manway in riser
• Replace roof vent with new AWWA fail safe vent
Silver Lake
• Install new sample tap
• Touch up painting
• Replace all safety climb devices
• Seal vent screens
• Replace roof vent with new AWWA fail safe vent
Owner's Responsibilities:
The Owner shall be responsible for undertaking each of the following at Owner's sole expense:
(a) draining the tank completely and opening , at a minimum, all ground -level manways and
hatches of the tank prior to Caldwell's arrival on the scheduled date to perform the services; (b)
providing (within 100 feet) all water and electrical service necessary for Caldwell to perform the
services; (c) placing, installing, operating, removing and returning to Caldwell all pressure relief
valves that may have been provided by Caldwell as contemplated above (within 30 days after
the date of completion of the inspection); (d) conducting any bacteriological testing that may be
required regarding the tank, its contents or any mud, silt or other accumulations removed from
the tank; (e) de -activating, or otherwise making safe, any electrical wiring or connections to the
tank, including eliminating microwave power densities in excess of 10 milliwatts per square
centimeter (per 29CFR1926.54(I)); and (f) giving Caldwell reasonable access to the tank and
tank site for the provision of the services at the scheduled times thereof.
Exclusions:
This proposal expressly excludes the following items: Acts of God, damage caused by cold
weather and ice, the tank foundation, subsurface piping, operating equipment, electrical items,
antennae and communications related equipment, cathodic protection, damage caused by
cathodic protection, telemetry, valves, tasks associated with the operation of the water system,
cutting grass or vegetation around the tank, fence maintenance, exterior washing not associated
with over -coating activities, containment of debris produced during cleaning, and unapproved
modifications to the tank.
Caldwell will not be responsible for any damages caused by any willful or accidental act of you,
your employees, or any third parties who perform work for you.
Caldwell will not be liable or responsible for any environmental problems associated with the
tank. In addition, Caldwell will not be obligated to remove, handle or dispose of any hazardous
or contaminated material.
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ASSIGNMENT OF AGREEMENT WITH UTILITY SERVICE COMPANY, INC. (FROM
CALDWELL TANKS, INC.) FOR MAINTENANCE SERVICES FOR ELEVATED
WATER TANKS (RFP 10111-05)
THIS ASSIGNMENT OF AGREEMENT (this "Assignment") is made on thiQday
of �� , 2019, nunc pro tunc to April 15, 2016, by and between Utility Service
Company, Inc., whose address is 1230 Peach Street NE, Suite 1100; Atlanta, GA 30309
, and the City of Sanford, Florida, a municipal corporation, whose address is 300 North
Park Avenue, Sanford, Florida 32771 ("City):
WITNESSETH.
Whereas, the City and Caldwell Tanks, Inc., have an agreement relative to
maintenance services for elevated water tanks (RFP 10/11-05); and
Whereas, Caldwell Tanks, Inc. has assigned all of its contracts of the nature of
the contract entered with the City to Utility Service Company, Inc.; and
Whereas, subject to the terms of this Assignment, Utility Service Company Inc.,
desires to accept the obligations of relative to the Caldwell Tanks, Inc. contract with the
City and the City desires to accept such assignment and allow Utility Service Company
Inc., to undertake and perform the obligations of Caldwell Tanks, Inc. under the
Agreement between the City and Caldwell Tanks, Inc.; and
Whereas, Utility Service Company Inc., and the City desire to provide for the
assignment of Utility Service Company Inc., rights under the Caldwell Tanks, Inc.
Agreement with the City as set forth herein; and
Whereas, the agreements herein made are nunc pro tunc to April 15, 2016.
Now, Therefore, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereby agree as follows:
Section 1. Recitals. The foregoing recitals are true and correct and are
incorporated herein by this reference.
Section 2. Assignment; Consent to Assignment. Utility Service Company
Inc., hereby assumes from Caldwell Tanks, Inc. all of Caldwell Tanks, Inc.'s rights, duties,
and obligations under Caldwell Tanks, Inc.'s Agreement with the City and agrees to be
bound by, and to keep, observe and perform, the terms, covenants and conditions of the
Caldwell Tanks, Inc. Agreement nunc pro tunc to April 15, 2016. The parties have relied
on the representations of Caldwell Tanks, Inc. in the documents provided to the City and
Caldwell Tanks, Inc.'s actions under the Agreement with the City are hereby ratified and
affirmed by Assignment. Utility Service Company Inc., Services, Inc. which affirms that
the City has fully performed in every respect and that there are no claims against the City
pending or which will be made.
Section 3. Entire Agreement. This Assignment, together with the underlying
referenced assigned agreement, embody the entire agreement and understanding of the
parties hereto with respect to the subject matter hereof and supersedes all prior and
contemporaneous agreements and understandings, oral or written, relating to said
agreement.
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Entered this) day of �p �� , 2019.
SIGNATURE BLOCKS FOLLOW:
2
Attest:
UTILITY SERVICE COMPANY INC.,
By:
Sig6fure Witness # 1 Robert Hub
Printed Name Witness # 1: J. Shone AlbMt&I Vice President
alt� T4�
Signature Witness # 2
Printed Name Witness# 2: -Puna Pn-er-
Attest: CITY OF SANFORD
U - Ulu m, � Me, Fe -P LL By: /a
Traci Houchin, CMC, FCRM, City Clerk Jeff Tripl6,tt, Maft
Date:
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Approved as to form and legal sufficiency. car- 0� It,
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William L. Colbert City Attorney