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Contract 43480 (2)
CM SECRETPRY CONTRACT N0. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVIC This AGRI_,EMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Kleinfelder Central, Inc, authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Westland Ground Storage Tank Rehabilitation Project. Article Scope of Services A. The Scope of Services is set forth in Attachment A. Compensation Article II A. The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (6)11, (s 1' ~ � R E ` 1 ;%) (1,2 i1 Cl r t,5: C I1 N fl L 111 1 �.n 1 fly�11101 (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 1 of 16 08-09-12 P12:04 IN (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement providing professional engineering consultation and advice and furnishing customary services incidental thereto. B Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 2 of 16 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER D Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires' provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 3 of 16 (3) discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions, time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 4 of 16 affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 1. Minority and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, as amended the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the M/WBE goal established for this contract and its accepted written commitment to M/WBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 5 of 16 (3) together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1 000,000 each accident. Such insurance shall cover liability arising out of 'any auto', including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is acceptable. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 6 of 16 i ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 7 of 16 requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 8 of 16 required by the ENGINEER to equivalent insurance coverage as sub consultants/subcontractors ENGINEER shall provide CITY certificate of insurance. L. Independent Consultant maintain the same or reasonably required for the ENGINEER When maintain insurance coverage, with documentation thereof on a The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in wnting of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 9 of 16 P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY s personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights - of -way, and access necessary for the ENGINEER's services or PROJECT construction. D Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate, and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 10 of 16 The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV E regarding the ENGINEERs Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER " (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 11 of 16 or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropnate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 12 of 16 ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B Reuse of Project Documents All designs drawings, specifications documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows. a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 13 of 16 termination services. E. Suspension, Delay, or Interruption to Work • The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify hold harmless and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business u nderstandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including n egligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole n egligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 14 of 16 J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein Articles V.F., VI B , VI D , VI.F., VI.H., and VIA. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 15 of 16 Executed and effective this the 25th day of July, 2012. BY: CITY OF FORT WORTH Fernando Costa Assistant City Manager Date: 8118/iz APPROVAL RECOMMENDFD By: S Frank Crumb, RE. Director, Water Department a BY: IHNGINEER Kleinfelder Central, Inc. 1 '9, 9_ :11 (>7 Emad AkTurk Vice President Date: ed, � ( — APPROVED AS TO FORM AND M&C No.: LEGALITY B Douglas W. Black Assistant City Attorney A f 1EST: Mary J. ays City Secretary ;. • 2 y`-'l L�J M&C Date: l 2-- essebyt,t6.-Iziatoah #410020fote14*0 ff*1 0 p, PI (>4 /21 14) 00° sit dcf t► QopU0 + 'gni City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 16 of 16 I,T I'� << ATTACHME A Westland Tank Structural Rehabilitation and Repainting Project Scope of Work City of Fort Worth, Texas 10 PROJECT UNDERSTANDING Kleinfelder's proposed project manager visited the site on April 26, 2012, met with the Fort Worth engineering and operation staff, and visually observed the interior and exterior of the tank. ➢ Tank Description a The Westland Tanks is a 5,000,000 gallon potable water tank which must meet the requirements of the Texas Commission of Environmental Quality (TCEQ) and the National Sanitary Foundation NSF © Interior observation of the tank was confined to photographic documentation of the interior condition from the roof access hatch. As shown in Photo #1, access to the interior of the tank was not allowed by the City of Fort Worth due to the unsafe condition of the severely corroded upper rungs of the interior access ladder. The tank was approximately half full during the observations. Photos #2 and #3, were taken at the roof hatch. Photo #2 shows rust staining on the shell of the tank from the roof beam bracing and photo #3 shows corrosion along the edges of the roof beams. O The shell exterior coating is chalked and breaking down due to ultraviolet ray exposure, photos #4and #5. ® Light corrosion was observed on the exterior of the roof hatch and painters hatch, photos #6 and #7 . o Photo #8 shows that the roof vent has been retrofitted with plate steel due to previous severe corrosion on the roof plates in the area of the vent. ® Chalking of the coating on the roof exterior was also observed, photos #6, #7 and #8. ® Corrosion on the shell manway covers and bolts is evident, photos #9 and #10, O Surface corrosion is present on the overflow pipe, photos #11 and #12. O The CPS instrumentation box and controls exhibits significant corrosion on the inside surfaces, photo #13. ® The welds at the bottom of several pilasters where they connect to the tank shell were observed to be cracked, photos #14 and #15. Photo 1 124482 / AUS12P0338R2 Attachment A Photo 2 Page 1 of 5 Photo 3 May 22, 2012 Revision No. 2 dated May 30, 2012 1826 Kramer Lane, Suite M, Austin, TX 78758 p 1512.926.6650 f 1512.833.5058 Photo 4 Photo 7 Photo 10 Photo 13 124482 / AUS12P0338R2 Attachment A Photo 5 Photo 8 Photo 11 Photo 14 emiumm 1111111, 'VkVi 4 • Photo 6 Photo 9 Photo 12 Photo 15 Page 2 of 5 May 22, 2012 Revision No. 2 dated May 30, 2012 KLEINFELDER 1826 Kramer Lane, Suite M, Austin, TX 78758 p 1512.926.6650 f 1512.833.5058 2. SCOPE OF WORK Task 1- Preliminary Evaluation and Assessment Report (PEAR) The Kleinfelder team understands that the preliminary engineering and assessment of the tank will have a large impact on the overall success of the project. In particular, the initial tank assessment informs the contractor of pre-existing conditions and serves to reduce the unknown conditions that can sometimes plague contractors' schedules. The assessment will begin with a meeting with the City's operation staff to ensure that we incorporate your input and needs throughout the project. During the assessment, the supporting structure, fill pipes, venting systems and tank overflow systems will be evaluated for proper design and operation. Tests such as existing coating thickness, coating adhesion/cohesion, corrosion pit depth measurements, and steel wall thickness measurements will be made. The interior ladder and exterior steps will be evaluated to determine if they meet current O ccupational Safety and Health Administration (OSHA) standards. The roof hatch and tank access ways will also be evaluated to determine if they meet current TCEQ and OSHA standards. Photographs will be taken of the interior and exterior surfaces and components on the tank to document the extent of corrosion. Tests and photographic documentation will be compiled for the tank structure, including visible foundation systems, roofs, access ladders and steps, and other appurtenances. The existing coating on the tank and the adjacent soils will be tested for arsenic, barium, cadmium, chromium, lead mercury, selenium and silver. These tests will be performed by TTI Labs and depending on the results appropriate recommendations will be presented in the PEAR and reflected in the design documents. We will prepare the PEAR as a draft document for your review. We will then meet with you to discuss the draft prior to finalization. The report will include the assessment findings photographs of deficiencies, alternative solutions, recommendations, opinion of probable rehabilitation costs, and compliance issues with regulatory agencies including TCEQ, EPA and OSHA. Task 2- Design Services After your review and selection of the recommended solutions, Kleinfelder's team will work to design and detail the improvements. Consideration will be given in geometry of design, as well as steel and coating selection to maximize service life, constructability and minimize cost to you. Drawings, specifications and contract documents of the improvements will be produced and submitted for your review at 90 and 100% stages of final design documents. Opinion of probable construction cost will be prepared and provided to the City for review. Task 3- Bidding Services O nce the design documents are approved by the City, Kleinfelder will participate in the pre -bid meeting with the contractors to answer questions about the project, and/or to provide clarifications if needed O nce the bids are received, Kleinfelder will review the bids and provide a written recommendation of award to the lowest responsible and responsive bidder. 124482 / AUS12P0338R2 Page 3 of 5 May 22, 2012 Attachment A Revision No. 2 dated May 30, 2012 KLEINFELDER 1826 Kramer Lane, Suite M, Austin, TX 78758 p 1512.926.6650 f 1512.833.5058 Task 4- Construction Review and Administrative Services During the rehabilitation construction phase, Kleinfelder will provide a CWI project representative meeting the City of Fort Worth requirements to perform periodic field visits for the on -site quality assurance program. The periodic visits will be specific whole points for observation and testing and we estimate this to be on the average 5 hours every other day during the construction phase. During the periodic field visits, the project representative will consult with the prime contractor to review the overall activities and progress of the project. In a proactive manner, we intend to identify potential issues that may impede project progress or potentially add cost to the successful completion of the project. If there are any issues identified, they will be discussed with the contractor to manage both the schedule and cost through project completion. Kleinfelder will record and distribute monthly project meeting minutes, review contractor's monthly pay application requests and contractor submittals develop project punch lists, verify contractor labor schedules, advice and consult on contract specifications and documentation and review and negotiate contractor change order requests. Several tests are required during the construction phase, and include the following: Structural Steel and Metal Improvement Installations: • Visual assessment and documentation of existing steel conditions; • Review of steel products delivered to the project site (quantity, type, and quality); • Monitoring the welding process for project specific requirements, such as pre -heat temperature verification, base metal fit -up, use of proper welding electrode material, interpass cleaning efforts etc.; • Visual testing of weld profile for conformance with relevant codes, and evaluate the weld profile texture/geometry prior to its being painted; • Non-destructive testing of welds by ultrasonic testing, magnetic particle testing, x-ray or dye penetrant testing as appropriate; • Review of contractor construction practices to determine if coating application may be adversely affected (such as construction sequence, weld placement, proper cleaning of steel). Paint: • Recording and monitoring atmospheric conditions for acceptability/compliance with the paint manufacturer's recommendations and project specifications; • Surface preparation and painting application; • Review of paint manufacturer's product (quantity and type); • Review of proper surface preparation; • Monitoring the paint application process; • Measyrement of applied coating thickness; • Documentation of abnormalities or defects noted in the coating systems; • Determine interior coating integrity using low or high voltage Holiday testing. 124482 / AUS12P0338R2 Page 4 of 5 May 22, 2012 Attachment A Revision No. 2 dated May 30, 2012 KLEINFELDER 1826 Kramer Lane, Suite M, Austin, TX 78758 p 1512.926.6650 f 1512.833.5058 Because the duties of the field representative vary from day to day, and sometimes from hour to hour, the primary field representative will be a Certified Welding Inspector with extensive coatings observation and testing experience. Weekly reports with daily entries will be generated to document the onsite quality assurance program. 3. ASSUMPTIONS AND EXCLUSIONS: a. The design of the repair and improvements are similar to those we have observed during our field visit for the scope of services b. The City of Fort Worth will be responsible for draining the tank and removing silt prior to Kleinfelder's personnel observation of the tank during the Preliminary Engineering and Assessment phase of this project. c. Observation and improvement design of the Cathodic Protection system is not included in this scope of work. d. Observation and improvement design of the electrical and electronic systems is not included in this scope of work. e. Topographic, design and property surveys are not included in this scope of work f. Site, drainage and stormwater evaluation and improvement design outside the tank and silos is not included in this scope of work. 4. DELIVERABLES: a. One (1) hard copy and one (1) electronic copy in PDF format of the Preliminary Engineering and Evaluation Report (PEAR) b. One (1) hard copy (11' x17') and one (1) electronic copy of rehabilitation drawings at 90% design level. c. One (1) hard copy (11"x17") and one (1) electronic copy of rehabilitation drawings at 100% design level. d. One (1) set of specifications and contract documents will be delivered as part of the 90% and 100% design submittal e. One (1) set of opinion of probable construction cost will be submitted as part of the 100% design submittal. f. One (1) hard copy (11"x17") and one (1) electronic copy of record drawings after construction completion. 124482 / AUS12P0338R2 Page 5 of 5 May 22, 2012 Attachment A Revision No. 2 dated May 30, 2012 KLEINFELDER 1826 Kramer Lane, Suite M, Austin, TX 78758 p 1512.926.6650 f 1512.833.5058 ,0••••"3/4N KL SINFffL DER' Bright People. Right Solutions. ATTACHMENT 13 COMPENSATION Westland Tank Structural Rehabilitation and Repainting City of Fort Worth, Texas TASK Task 1- Evaluation & Preliminary Engineering Report Task 2- Design Services Task 3 - Bidding Services Task 4 - Construction Review Services Task 5- One Year Anniversary Services TOTALS FINANCIAL ANALYSIS Total Project Hours Average Direct Labor Rate ($/hr) N et Revenue Gross Revenue Project Break-even Costs Gross Margin HOURS 134 314 78 525 0 1051 1,051 $ 35.88 $ 125,351.17 $ 158, 986.17 $ 144,117.45 $ 87,643.85 Total Profit P rofit Percentage Target Gross Margin Percentage $ 14,868.73 9.4% 69.9% P ricing Contingency Percentage TOTAL PROJECT FEE LABOR BUDGET $ 17,420.01 $ 40,627.71 $ 10,111.70 $ 52, 504.01 $ $ 120,663.42 ODC BUDGET $ 2,010.00 $ 990.00 $ 650.00 $ 4,100.00 $ - $ 7,750.00 SUB BUDGET $ 13, 725.25 $ 16, 042.50 $ $ 805.00 $ $ 30,572.75 TOTAL $ 33,155.26 $ 57,660.21 $ 10,761.70 $ 57,409.01 $158,986.17 0% $158,986.17 AUS12P0338R2 Attachment B Copyright 2012 Kleinfelder Page 1 of 5 May 22, 2012 Revision No. 2 dated May 30, 2012 kt ff/IVEL DER Bright People. Right Solutions. KLEINFELDER BUDGETING TEMPLATE Westland Tank Structural Rehabilitation and Repainting City of Fort Worth, Texas FEE ESTIMATOR: PROJECT MANAGER: PRICING BASIS: Overhead Rate Enter Labor Pricing Mult. Here --> 1 1 14 - VP Project Management 2 12 - Project Manager III 3 9 - Staff Professional li 4 13 - Sr. Principal Professional 5 10 - Project Professional 6 8 - Staff Professional I 7 8 - Construction Inspector II 8 8 - GADD Operator 9 6 - Administrative II Robert Boswell Robert Fifarek Multiplier 193.00% 3.20 N at. Avg. N at. Avg. N at. Avg. N at. Avg. N at. Avg. N at. Avg. N at. Avg. N at. Avg. N at. Avg. 3rd Quartile Mid -level 3rd Quartile 3rd Quartile 3rd Quartile Mid -level Mid -level Mid -level Mid -level Regular Time Regular Time Regular Time Regular Time Regular Time Regular Time Regular Time Regular Time Regular Time 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 $ 78.03 $ 54.33 $ 37.60 $ 69.81 $ 41.68 $ 28 41 $ 28.41 $ 2841 $ 19.33 $ 249.70 $ 173.85 $ 120.31 $ 223.38 $ 133.38 $ 90.92 $ 90.92 $ 90.92 $ 61.85 AUS12P0338R2 Attachment B May 22, 2012 Copyright 2012 Kleinfelder Revision No. 2 dated May 30, 2012 Page 2 of 5 KLEINFEL©EF? Bright People. Right Solutions. LABOR CATEGORY 14 - VP Project Management Labor Factor Regular Time Direct Labor Rate ($/hr) $ 78.03 Billing rate ($/hr) $ Task 1- Evaluation & Preliminary Engineering Report Task 2- Design Services Task 3 - Bidding Services Task 4 - Construction Review Services Task 5- One Year Anniversary Services LABOR HOURS DIRECT LABOR FEE LOADED LABOR FEE LABOR CATEGORY MULTIPLIER 249.70 2 4 2 2 LABOR FEE Westland Tank Structural Rehabilitation and Repainting City of Fort Worth, Texas 12 - Project Manager III Regular Time $ 54.33 $ 173.85 20 36 16 28 9 - Staff Professional II Regular Time $ 37.60 $ 120.31 60 148 24 60 13-Sr 8- Principal Professional Regular Time $ 69.81 $ 223.38 8 18 10 - Project Professional Regular Time $ 41.68 $ 133.38 24 68 24 60 8 - Staff Construction Professional I Inspector II ULIbil Regular RC. g r. . $ 28.41 $ 28.41 $ 90.92 $ 90.92 10 100 292 26 176 780.30 $ 5,432.69 $ 10,978.08 $ 1,815.00 $ 7,336.15 $ 2,496.96 $ 17,384.62 $ 35,129.85 $ 5,808.00 $ 23,475.69 $ 3.20 3.20 3.20 3.20 3.20 300 8-CADD 6 Operator Administrative II Regular Time Regular Time $ 28.41 $ 19.33 $ 90.92 $ 61.85 0 300 - $ 8,524.04 $ - $ 27,276.92 $ 3.20 3.20 0 147 $ 2,841.06 $ 9,091.38 3.20 3.20 TOTAL HOURS TOTAL TASK DIRECT LABOR TOTAL TASK FEE 20 134 $ 5,443.75 $ 17,420.01 40 314 $ 12,696.16 $ 40,627.71 12 78 $ 3,159.91 $ 10,111.70 75 525 $ 16,407.50 $ 52,504.01 0 $ - $ - 1,051 $ 37,707.32 $ 120,663.42 AUS12P0338R2_AttachmentB Copyright 2012 Kleinfelder Revision No. 2 dated May 30, 2012 Page 3 of 5 May 22, 2012 KLEINFELDER Bright People. Right Solutions. USAGES AND ODCS Westland Tank Structural Rehabilitation and Repainting City of Fort Worth, Texas ODC Category ODC1 ODC2 ODC3 ODC 4 ODC 5 Testing Unit Miles Hotel per trip Per diem per equipment per CADD trip day equipment/hr TOTAL ODCs ODC BUDGET Cost rate ($/unit) I $ 0.55 $ 110.00 $ 40.00 $ 200.00 $ Billing rate ($/unit) $ 0.65 $ 120.00 $ 50.00 $ 200.00 $ 15.00 Task 1- Evaluation & Preliminary Engineering Report $ 2,000.00 $ 3.00 $ 3.00 $ 1.00 $ 1,750.00 $ 2,010.00 Task 2- Design Services $ 1,000.00 $ 2.00 $ 2.00 $ 850.00 $ 990.00 Task 3 - Bidding Services $ 1,000.00 $ 550.00 $ 650.00 Task 4 - Construction Review Services I $ 2,000.00 $ 14.00 $ 3,900.00 $ 4,100.00 Task 5- One Year Anniversary Services $ - $ TOTAL UNITS $ 6,000.00 $ 5.00 $ 5.00 $ 15.00 $ DIRECT COST 1 $ 3,300.00 $ 550.00 $ 200.00 $ 3,000.00 $ - $ 7,050.00 BILLING AMOUNT ( $ 3,900.00 $ 600.00 $ 250.00 $ 3,000.00 $ BUDGET AMOUNT 1 $ 3,900.00 $ 600.00 $ 250.00 $ 3,000.00 $ $ 7,750.00 AUS12P0338R2 Attachment B Copyright 2012 Kleinfelder Revision No. 2 dated May 30, 2012 Page 4 of 5 May 22, 2012 DER Bright Bright People. Right ,Solutions. SUBCONSULTANT AND SUBCONTRACTOR FEE Westland Tank Structural Rehabilitation and Repainting City of Fort Worth, Texas SUBCONSULTANT OR SUBCONTRACTOR Task 1- Evaluation & Preliminary Engineering Report Task 2- Design Services Task 3 - Bidding Services Task 4 - Construction Review Services Task 5- One Year Anniversary Services DIRECT COST Mark up (%) MARKED UP COST Nathan D. Criado & TTI Labs Maier Associates $ 11,235.00 $ - $ 700.00 $ 3,450.00 $ 10,500.00 $ $ - $ - $ $ - $ - $ 700.00 $ - $ - $ - $ 14,685.00 $ 10,500.00 $ 1,400.00 15.00% 15.00% 15.00% $ 16,887.75 $ 12,075.00 $ 1,610.00 TOTAL TOTAL COST MARKED UP SUBS $ 11, 935.00 $ 13,950.00 $ $ 700.00 $ $ 26,585.00 $ 13,725.25 $ 16,042.50 $ $ 805.00 $ 30,572.75 $ 30,572.75 AUS12P0338R2_Attachment B Page 5 of 5 May 22, 2012 Copyright 2012 Kleinfelder Revision No. 2 dated May 30, 2012 ATTACHMENT C AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES Article K. INSURANCE- Page 7 Item (2) (g) - Amend this section to allow Kleinfelder to change the deductible from $25,000 to $100,000 SIR. 124482 / AUS12P0338R2 May 22, 2012 Attachment C Revision No. 2 dated May 30, 2012 KLEINFELDER 1826 Kramer Lane, Suite M, Austin, TX 78758 p 1 512.926.6650 f 1512.833.5058 TASK TASK 1 TASK 2 TASK 3 TASK 4 TASK 5 06/ 12 07/ 12, ATTACHMENT D PROJECT SCHEDULE fig/ 09/ 10/ 11/ 12/ 01/ 02/ 03/ 04/ 05/ 05/ i 1 I 1 124482 / AUS12P0338R2 May 22, 2012 Attachment D Revision No. 2 dated May 30, 2012 KLEINFELDER 1826 Kramer Lane, Suite M, Austin, TX 78758 p 1512.926.6650 f 1512.833.5058 Id Tank Rehabilitation 1 41' • et/4!RY - TJ. „ 2„..„ • / r.-1, 7 I ; ' fl; ? -‘frz ••)-• • / fr•-• 44) / ,2).? 91./8„, „„ , ,1 - r 5 1 al 10 to p 1.--h-, .-,..2.5,,/.. i , .1',':1-,.- —•T•••, „.44-,' E•ti'*'' <•:;%'-g:.•• .....c0,,,,,,,, .-i-:\ ,•,,,, ,c : .„...1 .,.., L (9,/..b.„•-•0~-444-1„. f , . ii ).--)-fr ) )- / •••/. •-••)) • IT' '1 1 ,, ,,a --,..,-•••••••••••........„ ,,..-10--.„---',>•••••.,- o. ; -, i /'.--').•-„ r. 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THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Heffernan Professional Practices Insurance Brokers NAME PHO License No. 0564249 (A/C,,No,Ext): 714-361-7700 (FAA/C,No): 6 Hutton Centre Dr., Ste 500 EMAIL kleinfeldercerts@heffins.com Santa Ana, CA 92707 ADDRESS: CERTIFICATE OF LIABILITY INSURANCE INSURED The Kleinfelder Group, Inc. (See Attached Named Insured Schedule) 5015 Shoreham PI. San Diego, CA 92122-5926 COVERAGES Sherry Young INSURERS AFFORDING COVERAGE INSURER A: INSURER B• INSURER C. INSURER D: INSURER E: INSURER F: Date (MM/DD/YR) 7/27/12 National Union Fire Ins Co of Pittsburgh The Insurance Co of the State of PA Lexington Insurance Co. Lloyd's of London Syndicate #2001 CERTIFICATE NUMBER: REVISION NUMBER: 714-361-7701 NAIC # 19445 19429 19437 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIL' CLAIMS. INSR ADDL SUER TYPE OF INSURANCE LTR INSR WVD A GENERAL L LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I X I OCCUR A B C D X GEN'L. AGGREGATE LIMIT APPLIES PER 1 POLICY I X I PROJECT AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS HIRED AUTOS X X UMBRELLA LIAB EXCESS LIAB DED I I RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVEI OFFICER/MEMBER EXCLUDED? (Mandatory in N.H.) If yes, describe under DESCRIPTION OF OPERATIONS below Professional Liability & Contractor's Pollution Liability $ ILOC SCHEDULED AUTOS NON -OWNED AUTOS OCCUR CLAIMS - MADE Y/N N N/A POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/WYY) (MM/DD/YYYY) GL9612731 04/01/12 04/01/13 CA1707521 04/01/12 04/01/13 WC21417820 (CA) WC21417821 (FL) WC21417822 (AOS) 04/01/12 04/01/13 044177408 04/01/12 04/01/13 LDUSA1203212 • 04/01/12 04/01/13 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE XI WC STATU- TORY LIMITS $1,000,000 $300,000 S10,000 $1,0001000 $2,000,000 $2,000,000 $ S1,000,000 $ $ OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT Each Claim Aggregate $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACO2D 101, Additional Remarks Schedule, if more space is required) Projects as on file with the insured including but not limitea to Westland Ground Storage Tank Rehabilitation Project. The City of Fort Worth, its employees, officers, officials, agents and volunteers are named as additional insureds and primary/non-contributory clause applies to the general liability policy and a waiver of subrogation in favor of The City of Fort Worth and its agents, officers, directors and employees applies to the general, auto and work comp policies - see attached endorsements. The above policies contain a 30-day notice provision for non -renewal and cancellation, 10-day notice for non-payment of premium. Professional Liability policy is a claims made policy; Retro Date: 04/20/62. CERTIFICATE HOLDER CANCELLATION City of Fort Worth Attn• Chris Harder, P.E. 1511 11 th Ave. Ft. Worth, TX 76102 ACORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1-8-2010 ACORD CORPORATION. All rights reserved. DESCRIPTION OF OPERATIONS CONTINUED: INSURED'S NAME: CERT HOLDER NAME: (Continued from Page 1) N amed Insureds: -:THE,KLEtNFELUER GROUP, INC,- The Kleinfelder Group, Inc. Kleinfelder Associates Trinity Engineering Testing Corporation ERG, LLC CE2 Kleinfelder Kleinfelder East Inc. Kleinfelder West, Inc. (formerly known as Kleinfelder, Inc.) Kleinfelder Central, Inc. Kleinfelder Engineering, P.C. Kleinfelder Southeast, Inc. S E A Consultants, Inc Kleinfelder Oklahoma 100, LLC Kleinfelder Oklahoma 200, LLC Kleinfelder Texas 100, LLC Kleinfelder Texas 200, LLC N odarse-Kleinfelder A Joint Venture LLC Kleinfelder Guam 101, LLC Kleinfelder Utah 100, LLC Kleinfelder Colorado 100, LLC Kleinfelder Kansas 100 LLC Kleinfelder International, Inc. Kleinfelder Australia Pty Ltd. LPG Environmental & Permitting Services, Inc. Buys and Associates, Inc. Kleinfelder Northeast, Inc Kleinfelder New Mexico 100, LLC Kleinfelder Canada, Inc. Kleinfelder Dr►lling, Inc. Corrigan Consulting, Inc. Architects and Engineers Additional Insured Language* The following policy language is from National Union Fire Insurance Company of Pittsburgh, PA Commercial General Liability Coverage: Additional Insured: A. Section II — Who is an insured is amended to include as an additional insured the person(s) or organization(s) where required by written contract, but only respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part by: 1. Your acts or omissions; or 2 The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at the location(s) where required by written contract. B. With respect to the insurance afforded to theses additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after: A. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed or B. That portion of 'your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. (Form CG 20 10 07 04) A. Section II — Who is an insured is amended to include as an additional insured the person(s) or organization(s) where required by written contract, but only respect to liability for "bodily injury' or "property damage' caused, in whole or in part, by "your work" at the location where required by written contract of this endorsement performed for that additional insured an included in the 'products -completed operations hazard." (Form CG 20 37 07 04) Primary & Non -Contributory: The following paragraph is added to SECTION II — WHO IS AN INSURED and applies only to persons or organizations we have added to your policy as additional insureds by endorsement to comply with insurance requirements of written contracts relative to: a) the performance of your ongoing operations for the additional insured; or b) "your work" performed for the additional insureds and included in the "products -completed operations hazard'. This insurance is primary over any similar insurance available to any person or organization where required by written contract. However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured in the Declarations of the other similar insurance. We will not require contribution of limits from the other similar insurance if the insurance afforded by this endorsement is primary. This insurance is excess over any other valid and collectible insurance, whether primary, excess contingent or on any other basis, if it is not primary as defined in the paragraph above. (Form 90533 (3/06)) Per Project Aggregate: A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project where required by written contract: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of 'bodily injury" or "property damage" included in the "products -completed operations hazard" and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b Claims made or "suits" brought, or c Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. (Form CG 25 03 03 97) Separation Of Insureds: Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in the Coverage Part to the first Named Insured, this insured applies: a. As if each Named insured were the only Named Insured and b. Separately to each insured against whom a claim is made or "suit" is brought. (Form CG 00 01 12 07) Waiver Of Subrogation: The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization where required by written contract because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard'. This waiver applies only to the person or organization where required by written contract. (Form CG 24 0410 93) Notice Of Cancellation For any statutorily permitted reason other than non-payment of premium, the number of days required for notice of cancellation, as provided in paragraph 2 of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to 90 Days. (Form CG 02 24 10 93) NAMED INSURED: THE KLEINFELDER GROUP, INC. POLICY NUMBER: GL9612731 AUTHORIZED REPRESENTATIVE *From Forms: 51767 (04/02); CG 02 24 10 93; CG 20 10 07 04; CG 20 37 07 04; CG 24 04 10 93; CG 25 03 03 97; 90533 (3/06); CG 00 01 12 07 ENDORSEMENT This endorsement, effective 12101 A.M. 04/01/2012 forms a part of Policy No. CA1707521 issued to THE KLEINFELDER GROUP, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION IV — Business Auto Conditions, A. — Loss Conditions, 5. — Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form ansing out of an "accident" or "loss" if: (1) The "accident or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident" or "loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee Authorized Representative WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below (The following "attaching clause" need to completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement effective 12:01 AM o4/01/2012 forms a part of Policy No. WC21417822 Issued to THE KLEINFELDER GROUP, INC. By THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Premium INCLUDED We have the right to recover our payments from anyone liable for an injury recovered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST UNDER ANY CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS This form is not applicable in California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Tennessee, Texas, Utah, Washington, or West Virginia. Countersigned by WC 00 03 13 (Ed. 04/84) Authorized Representative