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HomeMy WebLinkAboutContract 43464 crry sEcRETARY q CONTRACT N0* CITY OF FOIST WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING ING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, ar Texas horse-rule municipality (the "CITY'), and Neel-Schaeffer, Inc., authorized to do business in Texas, (the "ENGINEER"),, for a PROJECT generally described as: Fleetwood Ground Storage Tank Rehabilitation n Project. Article 1 Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. "rhe 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 (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. ityrof Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services PMO Official Release Date:04/06/2012 CITY SECRETARY Page 1 of 16 FT.WORTH, TIC 0 - 7-72 A70 : 02 I (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 CITE' 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 T 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 I , if any, are included in Attachment C. A. General The ENGINEER will serge as the CIT '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' services will be the degree of shill 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. C. 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 forth,Texas Standard Agreement for Engineering Related Design Services P 1 PMO Official Release Date=041061201 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 inks 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, ho wever, 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 CITY' 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:04106/2012 Page 3 of 16 discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER make on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) 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. F, 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 CIT 's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not Crary from the ENGIr EER'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 Er GI r EEF 's knowledge, information, and belief from selective sampling and observation than 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 contactor 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 than there are not other mafters at issue between the CITY and the construction contractor that City of Fort worth,Texas Standard Agreement for Engineering Reiated Design Services PMo official Release Date:04!061201 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 arrays represent the enact location, type of various components, or enact 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. I. Minority and Woman Business Enterprise I BE 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 roman business enterprises in city contracts. Engineer acknowledges the IVINVBE goal established for this contract and its accepted written commitment to l 1 VVBE 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, Fight to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of fire 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 fire 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!0612012 Page 5 of 16 together with subsection 3 hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultarnt 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. Iii INSURANCE (1) ENGINEER'S EER'S it SURANCE . 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 umbrellas, if any. This insurance shall apply as primary insurance Frith 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 after or nullify: premises/operations, products/completed operations, contractual, personal injury, or adverti ing 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 Servioes 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. porkers' 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 gears 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 terra CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. certificates 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:041061201 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 tern (1 0) 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 AV or greater, in the current A.M. Best Key Eating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Fisk Management. g. Any deductible or self insured retention in excess of $25,000-00 that would charge 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 dame 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:04IOBl01 Page 8of1 required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub con su ltarnts/subcontractors maintain insurance coverage, ENGINEER harll provide CITY with documentation thereof on ar certificate of insurance. L. Independent consultant The ENGINEER agrees to performs all services as an independent consultant and not as ar subcontractor, argent, 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 rith abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest than 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 remediartion activities of the PROJECT. 0. Permitting Authorities - Desi*gn 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. Ho ire er, 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 dame 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 Data.G4/06/2012 Page 9of16 P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article 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 rate 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.ENGINEER' 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 pair 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 ervice 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 ti ce City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMo Official Release Date:04!06!201 Page 10 of 1 The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development than affects the scope or timing of the EN INEEF 's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Fla . (1) CITY c no wled es ENGINEER will perform pant of the work at C1T +s facilities than 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 than may give rise to claims by third panties 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 ar result of EN INEEF 's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. contractor Indemnification and Claim The CITY agrees to include in all construction contracts the provisions of Article Ill.E. regarding the ENGI N EEF 's 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 Frith, 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 forth,Texas Standard Agreement for Engineering Reiated Design Services PNlo official release Date:04!06!201 Page 11 of 16 or person regarding the PF �I ECT ar provision that such entity or person shall have no third-panty beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as ar waiver of any right the CITY has to bring ar claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing stru :tur s 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 ar copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/installation in urarn a 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 panties. IBC. 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 appropriate 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 oft 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, charge, 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 CIT '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 accts of God, strides, lockouts, accidents, or other events beyond the control of the ENGINEER than prevent ENGINEE '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 than 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!201 Page 13 of 1 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 ENGINEER' 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. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the ether panty. H. Interpretation Limitations on liability and indemnities in this AGREEMENT T are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, , and their officers, employees, agents, and subcontractors. I. Jurisdiction The laver of the Mate 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 forth,Texas Standard Agreement for Engineering Related Design Services PMO official Release Date:0410612012 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, ille al4, or unenfcrcearbility will not affect any other provision, and this AGREEMENT T harll be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles .F., III.B., VID., i.F., 1.H., and V1.I. shall survive termination of this AGREEMENT T for any cause. K, observe and Comply ENGINEER EE 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 EI' T and the work hereunder, and sharp observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted lamer by governing bodies hawing jurisdiction or authority for such enactment. No pleas 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 VIll Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT,T, 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: T: 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 Fork Worth,Texas Standard Agreement for Engineering Related Design Service5 P O Official Release Date:04/06/201 Page 15 of 1 Executed a n ff tiv this the day o 0 C , BY: BY. CITY OF FORT WORTH ENGINEER Neel-Schaffer, Inc. Fernando Costae atr n s P. Arni k, P.E. Assistant City Manager Engineer Manager Date. 8 Date_ APPROVAL RECOMMENDED: <4"00'lk Byrt S. Frank Crumb, P.F. Director, Water Department APPROVED AS TO FORM AND M&C No.: C�-.Zg 73 7 LEGALITY &C Date: Z Douglas W. Black Assistant City Attorney ATTEST. 000 � .+ar 0"'o o 0 0 ow Vary*'J. y r City Secreta o , oa � City of Fort worth,Texas Standard Agreement for Engineering Related Design Services OFFICIAL RECORD 1 D PMO Official Release Date:04!061201 Flags IS of 16 CITY SECRETARY FT.WORTH,TX ATTACHMENT A DESIGN SERVlGES FOR FLEETWOOD GROUND STORAGE TANK REHABILITATION PROJECT CRY PROJECT 110.: ATTACHMENT A Sco e for Eng i n ee ri ng De§A n Related Services fior Water lm prove ments DESIGN SERVICES FOR FLEETWOOD GROUND STORAGE TANK REHABILITATION PROJECT CITY PROJECT NO.:01g53 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. The work to be performed entails rehabilitating the Fleetwood Ground Storage Tank. WORK TO BE PERFORMED Task 1 - Design Management Task 2 - Preliminary Design Report Task 3 - Design Task 4 -Advertisement and Award Task 5 - Construction Phase TASK 1 - DESIGN MANAGEMENT ENGINEER shelf: • Attend apre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Prepare invoices and submit monthly in the format requested by the CITY • Prepare and submit monthly progress reports in the format provided by the Water Department • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly • Complete Monthly MNVBE Report Form and final Summary Payment Report Form at the end of the project ASSUMPTIONS Twelve MWBE reports, progress reports and project schedule updates will be prepared. MWBE reports will be mailed, and the other items uploaded to 8 uzzsaw. DELIVERABLES Page 1 of 6 O:UUlarketinglFOrt WorthlFleetwoodlAttachmeni A.dx 7112I2012 ATTACHMENT A DESIGN SERVICES FOR FLEETWOOD GROUND STORAGE TANK REHABILITATION PROJECT CITY PROJECT CIO.: 1 A. Meeting summary with action items B. Monthly invoices C. monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly 11 /MBE Report Form and Final Summary Payment Report Form TASK 2 i PRELIMINARY DESIGN REPORT ENGINEER will prepare a Preliminary Design Report. It will include documentation of the existing structural condition; assessment of the coating system condition including laboratory analysis of paint chips; assessment of the tank appurtenances including hatches, vents, ladders, platforms, and piping; and assessment of the compliance with OSHA safety requirements, The Preliminary Design Report will include the Engineer's recommendations for complete rehabilitation of the tank, as well as at preliminary opinion of probable construction cost. The ENGINEER will receive CITY staff comments by e-mail. Attending ar review meeting is not included. 2.1. Data Collection * The CITY will provide ENGINEER all relevant data including the most recent inspection report and record drawings of major underground piping The ENGINEER will visit the tank site to briefly review the recommendations for rehabilitation proposed in the inspection report and observe the visible portions of the tank it will not be drained, therefore internal details will not be accessible) * The ENGINEER will obtain paint scrapings from the outside of the tank and have there analyzed for lead. The ENGINEER will review the inspection report and in conjunction with the site visit, determine refurbishing method and required specifications, recommend extent of refurbishing required and review tank for compliance with TCE requirements The ENGINEER will provide a Boundary and Topographic Survey of the site (Map 2138-420, Parcels 313B 1, 2 & 3 2.2. The Preliminary Design Report rt sharll include the following in ar letter report: Cover letter List of proposed rehabilitation facture Documentation of Ivey design decisions i.e., considering inclusion of project components that will speed construction like requiring dehumidification on interior work Page 2 of 6 :IMarkefmg\Fort Wortlffleet ooMttaohment A.doc 7112/201 ATTACHMENT A DESIGN SERVICES FOR FLEETWOOD GROUND STORAGE TANK REHABILITATION PROJECT Y PROJECT NO.- QIJS • Opinion of probable construction cost ASSUMPTIONS • The Preliminary Design Report will be delivered electronically in PDF format. • ENGINEER shall revise the report after receiving CITY comments, if needed. DELIVERABLES A. Preliminary Design Report TASK 3 - DESK ENGINEER will develop the design as follows. It will include preparation of %, % and 100% plains and specifications, to be reviewed by Water Department staff; attendance at design review meetings with Waiter Department Staff; and preparation of opinion of probable construction cost at %. Design Drawings shall include the following: • Cover Sheet • Vicinity Map • Site Plan (showing visible aboveground features from the surrey and maJ r underground water lines based on the CITY's record drawings, no future site improvements will be shown) • Aerial Photo • Ladder Details • Mann-moray Details • Vent Details • OSHA Safety Details • Miscellaneous Details ASSUMPTIONS Specifications and standards (including project sign detail, etc.) will be obtained one time from CITY at the beginning of the project. Update and/or revisions will be considered additional services. The CITY's CITY' front end specifications will be used. The ENGINEER shall develop/customize technical specifications. Two sets of 11 x 17 size plains and two sets of specifications will be delivered for each of the %, % and 100% submittals. Design of a logo for the tank is not included. Page 3 of 6 0,\MafketinMFort Worth\FIeE ATTACHMENT A DESIGN SERVICES FOR a`LEET OOD G R UND STORAGE TANS(REHABIUTATON PROJ€ T CITY PJ4OJECT NO.:_9JL4 i • Induced current cathodic protection will not be used. DELIVERABLES A. Design drawings and specifications E. Estimate of probable construction cost C. Original cover myl r for the signatures of authorized CITY officials TASK -ADVERTISEMENT AND AWARD ENGINEER EEF will support the bid phase of the project as follows: • Printing and distribution of plans/ p cifi cations to contractors during bid period Assist with special pre-qualification of contractors if necessary) 0 Maintain plan holders log Conduct pre-bid meeting Answer contractor 3s questions, issue addendum (after review by CITY) as appropriate Prepare bid tabulation and crake recommendation n award ASSUMPTIONS s The project will be bid only once and awarded to one contractor. 0 Thirty sets of 11 x 17 construction documents will be sold to plan holders and/or given to plan viewing rooms. Two sets of full size sets of drawings will be delivered to the CITY. Ten sets of 11 x 1 size drawings and ten specifications will be delivered to the CITY from the thirty printed for bidding. If ten sets are not available from bidding they can be provided at additional cost. 0 The CITY will prepare the Advertisement and coordinate with the Newspaper. The CITY will post plans/specifications/addenda to Buzzsaw. DELIVERABLES A. Addenda B. Bid tabulation C. Recommendation m ndartion of award D. Construction documents Page 4 of 6 0-.Warketin \Fort 1 o rth l F leetwoodl ttachment A.doc 7112/201 TTACHMENT DESIGN SERVICES FOR FLEETWOOD GROUND STORAGE TANK REHABILITATION PROJECT CITY PROJECT NO.; TASK - C 1sTRUCT(ON PHASE ENGINEER will support the construction phase of the project as follows: • Conduct preconstruction conference • Submittal revie w and attendance at monthly construction meetings • On-site inspection, testing and resident representation services * Management of construction submittal and documents and review and recommendations for pay estimates, BFls, proposed changes and other construction issues Timely and thorough shop drawing review and BFI responses (posted to Bu saw by ENGINEER) Prepare record drawings based are red line markups provided by the Contractor. Record Drawings shall be submitted in Adobe Acrobat PDF format(version 6.0 or higher) format. This will include shop drawings signed and sealed by Contractor's Engineer as appropriate. ASSUMPTIONS • Three BFI's are assumed • One Change Order is assumed Six Site Visits are assumed Sic Pair Applications are assumed Six Monthly Meetings are assumed Fifty paint and geld inspections are assumed DELIVERABLES LES A. Responses to Contractor's Bequest for Information B. Change Order C. Record Drawings ADDITIONAL SER ICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional services not included in the existina SCODe of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CIT ''s written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: Page 5 of 6 O.WarketingTort 1 otthTieet oodlAttachment A.doc 7112/2012 ATTACHMENT A DESIGN SERVICES FOR FLEETWOOD GROUND STORAGE TANK REHABILITATION PROJECT CRY PROJECT NO.:91!153 • Services related to development of the CITY's project financing and/or budget • Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction Public meetings • services necessary due to the default of the Contractor • Services related to damages caused by fire, flood, earthquake or other acts of God • Services related to warranty claims, enforcement and inspection after final completion • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY Performance of miscellaneous and supplemental services related to the project as requested by the C I TY Preparing conformed construction documents Page 6 of 6 :WarketingTor#WorthlFIee ATTACHMENT COMPENSATION Design Services for Fleetwood Ground Storage Tank Rehabilitation Project City Project No. Time and Materials with Multiplier Project 1. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in attachment as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by Direct Salaries multiplied by a factor of 3.0. Direct salaries are the amount of gages or salaries paid ENGINEER's employees for work directly performed on the PROJECT, exclusive of all payroll- related taxes, payments, premiums, and benefits. ii. Hon-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar takes. iii. subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER NEED plus a markup of ten percent (10%). iv. Budgets. ENGINEER will male reasonable efforts to complete the work within the budget and will deep the city informed of progress toward that end s that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the city obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENG I I EE F 's excess costs expended prig to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. City of Fort Worth,Texas Attachment B PMO Official Release Date.5.19.2010 Pagel of 4 B-1 ATTACHMENT COMPENSATION B. The ENGINEER shall be paid monthly payments as described in Section 11 - Method of Payment. III. eth d of Payment A. The ENGINEER shall be parr by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER,, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. . C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER sh li prepare and submit to the designated representative of the Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date.6.19.2010 Page 2 of 4 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Farm Primary Responsibility � Fee Amount % i Prime Consultant Neel-Schaffer, Inc. , Design and Bidding $67133 73.8 Proposed M/WBE sub-Consultants C P & Y, Inc. �Construction Management $111700 12.9 J-Peary LLC Printing $1,994 2.2 N n-MI WBE consultants Steel Inspectors of Paint and Weld Inspections $101100 11.1 Teas, Inc. TOTAL 92 100% Project Number er Nam Total Fee MIWBE Fee MfWBE % Fleetwood Ground Storage $90,927 $131694 15.1% Tank Rehabilitation Pr 'e t City M111 BE Goal = 15% Consultant Committed Goal = 1510 City of Fort Worth,Texas Attachment 8 PMO Official Release Date:5.1 9.2010 Page 3 of 4 EXHIBIT 4413_111 ENGINEER INVOICE (supplement to ff hment B Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Foot Worth,Texas Attachment B FM 0 0 Mciai Release Date:5.1 9, o10 Page 4 of n co E c C •O E •4 C C r.L C c 5 ..r a '° a Cr 0 0. U- g 0 0 � c o ►� r— E ' � t x LL LL z � a4 C fi � CL � �55 W 5 �7 P 6- C14 N E yam+ G O C C 0 O cf! c5 E OC 0 cc� L O O E r%- CN 0 cc cc Q ra = CL =� E m 0 U cc cr tm CD M Ix CD C 4 }� ++ X c : a "0 c 0. L L LL co z • c 4 z G > m 0 E -0 E E in -o O � 0 0 m > lb o G a 0 O 0. CL IL LL�� CD 40 O # ci L) 46 d o o o 0 O .� as Lq wl►t,t,t,�0,t9 2 � r O ci CL [) J o O C a CL z w LL 0 + } cn A A CL W � 2 0 r. o, E E p I cv E co ax L) � Z L z � w cn m z I 2L CD cn go (D CL a� � 7 � L j CL )4 C LU ` w 4w S W LU _ m W J C ci i L 0 0 f c c4 O 0 0 0 z J21 _j zi I I I — I °o °o iE C cc [v vw R CL C 7 C � C � C ++ C Cu E C) .� Q cn + c � _c' la do o o "do �e u Lo CL c [3 i $2 c 0 0 0 0 C JL c a 0 5 ' o 0 Coo, to c* 2 2 cb E c c Cv r cu 8 _ � 0 LL a) .. � o cu .. D) H Um. OC cD m L- Cr 0 v C 0 z U. G E ca ■• kw E 0L iI& C �90 ._ 3 kw _ z C C C H � •• 300 i o ` C C ;p%E c C �e4 ib c C � C � CL C � 0 da C O >1 la r C4 s C CL s Q O CD ; � r .� 1; CL a'0 to - a) a o o E a E o c a r C E C 0. 4[J E ( Ci In �..� �i n O Ci (n (n Q p Orl -&-1 0 ` 17 17 {o 0 2 02 Cy E E cv Q CL Lo Go Go CL 4� ao x .� �i � c 4)U) cl U z .� .. c ai + E w .� ca � � o � c c � U ti o c CL c c 9v c IL CL 0 � c ° aL CY CL a ai ' cm G 0 m c c o a i I m E 0 0 0 1 �, ►L L o m E u m C & s 0 T Ij 0 v 2 as � -' r 0 c u c w Z 0 CD e*7 re) E o 0 41 m D� o = o C LO 4) is .. L co A.+ E D 4W C C � � r E (D ! _0 o vr E CD i F F E F • t is .. C o . s o + O IL OL U 1Ud aW.12_ ATTACHMENT 66CII CHANCES AND AMENDMENTS To STANDARD AGREEMENT Design Services for Fleetwood Ground Storage Tank Rehabilitation Project City Project fro. 1 r- List any changes to the Standard Agreement> None. City of Fort Worth,Texas Attachment P O Release Date.05.19.2010 Page 1 of 1 1 - + i {� s h i ALL; i i f I L-� e R m 3 E 3 k 0; 70 j i = � � C CL LL (U i IN [V [V CV CV fir3 fir3 E 12 to r-- t- CD W (U U- o o z C aN N N N N N Mi ;T- qr- T-- V- lq-- Ir- .--. QD o r i CO QD I,- I'- ;, o 0 m Ae f � f I m I I N D CV I C O - CU ' Ln i . ,Qy G] r r ,> ° ' L) E i-- `t CU CM , �c v, Jd cu ca 3 t5 Z CL) a) FORTWORTH '0� Attachment "E" Fleetwood GST Location ap WATER n it , .t FE3 # ,t .>,>t . >o ry...,.x.. tn, .. t•�. t t. t , , t•, , ;v. }, ... .. :. , e t v , .:,v,... ,,,,, o .. ^rx?''Y{'??�^+�sxtoo•. n •,-, x .... ,. , , o n t> Fleetwood to .-n .,. , ,y>., ,.,. ...�Y o .'' x�°tr;.;:x�i.vtt• }tK , Ground „n 9 i5 Storage } x5 �M1 vx v..x9�'F't'"•:v:._.,, x t " { Pum Station, ja _ Blvd. n v Comm v f k �V8c *PA op PARKING L n t _ .. vw n � AW Ar X rk •" t ,t P D. �� v* v tr nt , , , t V. o-:,.,. }i�I.. } __-t ° ; r+-�..r-+wi+.w.•.wr .! h ..}.>+4At�F'� _" -...._.._ 5 r•r � � s t . �' t� x"^°$ , �* + �.' �,� M1k ,v,vxo>cv.,e,:¢•.n s µ { �: oe.k" ,�, w•- ._...� , >,o oo-.....w_..y� " i } }h F i it .___r-,.. � ,i JBE cc' $' W. 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Yl.e-i � {`x+�<, •' t.=.eN>ryox8x¢° .any "Y"o.t4'"'" ,vooc,�,o-"�,.., '� „ r __� � �,. * "v w, , � .. ,, .,,v owo-,-^.o�wr-.� n� " t xox,n,.oM.t-M.en................t v�..v. �, �.��:;',•{x°,".',v o,,:v�r.:Y 'o<oxe"w...a 6. ,jF'� ,�->'....,x 8 d, .�� ._.. :'• ,...�v�'Ytx,.o...£ kt .. .. .>.o�o..o.. '3. ,. •iF'• �p et "ii,•: ,#3°.> .¢°.+�i? �t?;: v, • / '�FiF �i�{+�n, .� •v sv•is"ry��.: � ' v., „ o•rat � , ,. " 'e'i...." '' � �� .v � , a', S �..,:,tt,y'�§$x ,°.:#�' , � k1;##b,a,�yi:°`:on;<os .r�rb-�-�,„-. .�}Y:.tl•'" .. qtr.- '� �. >� �� t IV e�4#ry.Yx y}J; ' .}:�,r' ,.{,.oE �;:,'t'r' �y-.:,, r•o>�-.t>xo>•v .. •t v, .# x w t= 8 entr%%v x x ' r .�<'•t v*ot. o , ' M r� {r"ro::o xox• ;n {pia AC.. R CERTIFICATE OF LIABILITY DATE(MMlDDlYYYY) 6 07/19/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY DR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE E R PRODUCER,,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the polilc (ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRDDUCER 1-601-956-5610 CONTACT cfi Chris Brantley J. Gallagher Risk Management services, Inc. PHONE FAX (AIC. xt: 01-956-5610 A/D No 01-957-7098 P.O. Drawer 16447 E-MAIL ADDRESS: chris Brant ley aJ g.c om OW Jackson, HS 39236-6447 INSUIRER(S)AFFORDING COVERAGE NAID INSURER A: LEXINGTON INS Co 19437 INSURED INSURER 8: Neel-Schaffer, Inc., Maptech, Inc., CG/Neel-Schaffer,Inc, SoilTech Consultants, Inc. Premier Emergency ManagementLLl! INSURER C' True North Emergency Mgmt,LLC;Engineers Constructors Inc INSURER D: 125 South Congress Street, Suite 110a Jackson MS 39201 INSURER E IN U ER F COVERAGES CERTIFICATE NUMBER- 26356542 REVISION NUMBER: THIS IS TO CERTIFY THAT THE 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 H 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 DEDUCED BY PAID CLAIMS- TM-SR[ TYPE OF INSURANCE ADDL�SUEIR POLICY EFF POLICY EX? I LIMIT Lfil POLICY NUMBER i�IM1DDN YY MM/DD GENERAL LIABILITY ` EACH OCCURRENCE DAMAGE RENTS �I COMMERCIAL GENERAL LIABILITY PfE1vIIE Ea occurranoe $ + CLAIM MADE OCCUR ED ESOP(Any one person) PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ i GEN'L AGGREGATE LIhAIT APPLIES PER: PRODUCTS-COMP/OP AO $ 17 PRO- S I S POLICY LOS AUTOMOBILE LIABILITY I � COMBINED SINGLE LIMIT Ea accident)$ ANY AUTO BODILY INJURY(Per person) S { ALL OWNED I SCHEDULED s AUTOS AUTOS BODILY INJURY(Per accident) � NON-OWNED ' PROPERTY DAMAGE E HIRED AUTOS AUTOS s Per accident $ C i UMBRELLA LIAR OCCUR i EACH 0CCURI ENCE EXCESS LIAB Cl-AIMS-MADE ADE A GRE A4TE I DEC) RETENTlh1$ $ WORKERS COMPENSATION a WC TATL1- � OTH- AND EMPLOYERS"LIABILITY Y I N TORY LWITS FR ANY PROPRIETOWPARTNERIE E UTIVE F7 E.L.F-A H ACCIDENT $ OFFICERIMEMBER EXCLUDED? N/A (Mandatory in NH) DISEASE-EA EMPLOYEE If yes,desonbe under DESCRIPTION OF OPERATIONS below 1 E DISEASE-POLICY LIMIT $ A Architects & Engineers 016017333 11/15/1 11/15/12 Each Claim 2,000,000 Professional Limb. and Aggregate 4,000,000 -]Contractors Pollution Limb. Retention Per Cl 200,000 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (Atteoh ACORD 101,Additional Remarks Schedule,if more space is required) Project: Fleetwood Ground Storage Tank Rehabilitation Project 10 Day Notice of Cancellation for Ton-payment of premium. 30 Day Notice for other reasons. CERTIFICATE ATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Fort Worth Water Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. Attn: ester Dept. Director 1511 11th Avenue AUTHORIZED REPRESENTATIVE Fort Worth, TX 7 102 _. ..... USA 1988-2010 ACORD CORPORATION. All rights reserved. ACRD 25(2010105) The ACRD name and logo are registered marks of ACD betpick 28368542 SUPPLEMENT TO CERTIFICATE OF INSURANCE 07/19' TE NAME OF INSURED. Neel-Schaffer, Inc., 1Maptech, Inc.t WCG/Nee l-Schaffer,Inc, SoilTech Consultants, Inc. Premier Emergency ManagementLL Additional Description of Operations/ em arks from Paae I Additional Information; The Producer will endeavor to mail 30 days written notice to the Certificate Holder named on the certificate if any policy listed on the certificate is cancelled prior to the 10 days notice for non-payment of premium. Failure to do so shall impose no obligation or liability of any kind upon the Producer or oche--wise alter the policy terms. UPP(05104) CERTIFICATE F LIABILITY INSURANCE DATE (MIIM IDDIYY") 0711 91201 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY DR NEGATIVELY AMEND, EXTEND DR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE I TATIVE R PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must he endorsed, if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate Holder in lieu of such endorsement(s). PRODUCER NAME Andrea Jenkins KATHY B TAYLOR P°HONE FAX Np.Exki (601)9924 444_ , { 1}T D 44 THE GI�VELL ANC INC. E-MAIL ar�drea.jnlCir�s�n� ellageny.crn 10 KATHERINE DR.,BLDG. AUvRE s: FLOW DD MS 39232 INSURER(S) AFFO RDING COVERAGE NAIC 9 INSURER A Nationwide Insurance Company 37677 INSURED NEEL-SCHAFFEF,INC.ET AL INSURER B P. .BOX 22625 INSURER C JACKSON MS 39225 ENSURER D. INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:: 66459 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR COND71ON OF ANY OCNTRA T IFS OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE P LI04EB DESCRIBED HEREIN IS SUBJECT To ALLTHE TERMS, EX LU I NB AND CONDITIONS OF SUCH POLICIES.LIM(TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF If SURANCE I ADD'L SUM POLICY NUMBER POLICY EFF � POLICY FRP LIMITS LTR M R VQ MMIDD { D A I GENERAL LIABILITY ( x BPO 5614086691 0410111 � 04101/13 EACH C>CCURRENOE ! S 1,000,000 X COMMERCIAL GENERAL LIABILITY GLK05614886691 0410111 04/01/13 DMsus�� EDnce} 500,000 CLAIMS-MADE OCCUR MED E P(Arry one pers-ori) $ 10,000 PERSONAL&AD INJURY $ 11000,000 I GENERAL AGGREGATE $ 21000,000 GEN'L AGGRE.GATE LIMIT APPLIES PER: '' I PROD UCTS-COMPIGP AGG 2,0009 000 PRO- POLICY JEOT LOD .17 A AUTOMOBILE L"ILMY B I�C5B1488 91 D4101f1 041011 COMBINED SINGLE LIMIT 11000,000 (Ea amidenl) $ � ANY AUTO I3GDILY Ir JURY(Per person) � ' E7ULED ALL OVY NED :AUT O BODILY CNJUR (Pe►accident) S AUTOS NON-OWNED P -OPERTY DAMAGE I L TGS $ AUTOS (per acciderA) r UWRELLA LIAB OCCUR EACH OCCI IJRRENCE . EXCESS LLAB CLAIMS WDE AGGREGATE DIED j S WORKERS COMAPENSA7iON C Y LIMIT- IMI- 0TH F AND EMPLOYERS' LIABILITY TORY LlrillrrtS Ea Yi E.L EACH AOGIDENT AJ�!'F PFtbP4�IETbRlP+4F�TNERfE?CEGUTIVE OFFICERIMEMBER EXCLUDED?NH) N f A - E.L.DfS�AE-EA EMPLOYEE(Mandatory in I±yes,dascHbe under E.L.DISEASE-POLICY LIMIT S I)ESCRIPTION OF OPERATIONS below I DES RiPTION OF OPERATIONS/LOCATIONS WEHICLE (Attacks ADOI D 4D#,Additional Remarks Schedule,if more space is required) Thirty( 0)days prior W cancellation,notice thereof shall be given to the bebW certificate holder. Certificate molder is listed as additional insured and granted waiver of subrogation as regard to written contract as their interest my appear. Above poli ies are primary and non-cDntributory. RE:Fleetwood Ground Storage Tank Rehabilitation Project CERTIFICATE HOLDER CANCELLATION HOULD ANY OF TIDE ABOVE DE CRIBED POLICIES BE CANCELLED BEFORE Fort Worth Water Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort 1+1 O th ACCORDAN CE WITH TIDE POLICY PROVISIONS. 1511 11th Avenue AUTHORIZED REPRESENTATIVE F art VV orth TIC 76102 k6.� f+ f r Attention: Andrea W.Jenkins A CRD 25(2010105) Q 1988-2010 ACRID CORPORATION. All rights reserved. The AC RD name and logo are registered marks of ACI RD AC"RbP CERTIFICAmrE O LIABILITY INSURANCE DATIE(It MIDDrn-ff) 07/19/2012 THIS CERTIFICATE IS ISSUED AS A MATTER F INFORMATION ONLY AND CONFERS O FIGHTS [UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NE ATi ELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE ATE F INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE 0R PRODU C ER,AND THE DERTIFI CATE H()LDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the polic (ie ) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and raDnditions of the policy,certain policies may require an endorsement. A statement on this certificate does not oc�nfer rights to the certificate holder in lieu of such endorsernent(s . PRODUCER 1-601-956-5810 CONTACT Chris F. Brantley Arthur J. Gallagher Risk Management Services, Inc. PHONE FAX No Ex t), 601-956-6811 AC No: 601-957-7098 P.O. Drawer 3-6447 E-MAIL ADDRESS, orris brantley@ajg.com Jackson, 5 39236-6447 INSU RER I AFFORDING COVERAGE NAID# INSURER A= WAUSAU UNDERWRITERS INS CO INSURED INSURER B: 1 Need.-Schaffer, Inc. Maptech, Inc., SoilTech Conoultante, Inc., Premier mnergency Management,LLC INSURER O True North Emergency Mgmt,LLC;Engineers Cons truc torsInc INSURER D P. 0. Box 22625 Jackson, IBS 3920 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 28368693 REVISION I UM E : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED ED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TANDIN 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, E] LU IC NS AND CONDITIONS OF SUCH POLICIES.LIMITS S HO N MAY HAVE BEEN DEDUCED BY PAID CLAIMS. INSIR I TYPE OF INSURANCE iIADDL y= POLICY NUMBER M IDDYJYYYY MM/DDn YYY LIMITS LTR GENERAL LIABILITY ? EACH OCCURRENCE �$ COMMERCIAL GENERAL LIABILITY i DAMAGE RENTED I PREMISES Ea occurrence CLAIMS-MADE 7 OCCUR ME EX?(Any one person) $ PERSONAL&ADV INJURY $ ! GENERAL AGGREGATE ' $ GEN'L AGGREGATE LIMIT APPLIES PER. I PRODUCTS-COMP/OP AC;G $ 7 POLICY PRO- LO i AUTDMDBILE LIABILITY I COMBINED SINGLE LIMIT Ea accident ANY AUTO I I BODILY INJURY(Per person) ALL OWNED SCHEDULED I BODILY INJURY(Per accident) $ AUTOS AUTOS ILIR NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident $ I I S UMBRELLA LIAR OCCUR I EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AG REGATE $ DEC) 1 RETENTION A WORKERS COIMPENS TION CJZ 9 14 41 0 012 04/01/1 04/01/13 X WC TATLI OTH- ►4Mi0 EM P LOYERS'LI►46ILlTY Y I N ANY PROPRIETOF ARTNERIEXECUTI E� NIA E.L.EACH ACCIDENT $ 1,000,000 OFFICER EMEER EX LUDIED? " i (Mandatory In NH) I E.L.DISEASE-EA EMPLOYE $ 11000,000 If yes,describe under ! 1,000,000 DESCRIPTION!OF OPERATIONS below � E.L.DISEASE-POLICY LIMIT $ 3 { DESCRIPTION OF 0PERATIDNS I LDCATIONS J VEHICLES {Attach ACoRD 101,Additional Remarks Schedule,if more space is raquiredJ Project: Fleetwood Ground Storage Tank Rehabilitation Project 10 Day Notice of Cancellation for Non-payment of premium. 30 Day Notice for other reasons. Waiver of Subrogation applies to certificate holder, as respects Workers Compensation policy as required by written contract. Any Notice of Cancellation will be sent to Dept. Director, City of Fort Worth, 1000 Throckmorton, Fort Worth, TIC 76102 CERTIFICATE ATE H LDEi CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Fort Worth Water Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE E WITH THE POLICY PROVISIONS. Attn:Waer Dept, Director 1511 11th Avenue AUTHORIZED REPRESENTATIVE Fort Wortb, TX 76102 ......... USA 4 1988-2010 ACO D CORPO RATION. All rights reserved. ACORD 25(2010105) The ACORD name and Ingo are registered marks of ACORD betpick 28368693 DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 071920 i fVAME OF IN U ED: Neel-Schaffer, Inc. Maptech, Inc., SailTech Consultants, Inc., Premier Emergency management,LLC Additional Description of Operations/Remarks from Page 1 Additional Information, The Producer will endeavor to mail 30 days written notice to the Certificate Holder named on the certificate if any policy listed on the certificate is cancelled prior to the expiration date. Failure to do so shall impose no obligation or liability of a y kind upon the Producer or otherwise alter the policy terms. UPP(05104) M&C Review Page 1 of 2 CITY COUNCIL AGENDA FoRTWORT11 COUNCIL ACTION: Approved are 7/17/201 REFERENCE **C-25737 oFLEETII DGSTI EHAB EEL- �ATE: 11101 F No.: �- NAME: SCHAFFEI PUBLIC N CONSENT CODE: C TYPE: HEARING: SUBJECT: Authorize Execution of an Engineering Agreement with Neel-Schaffer, Inc., in the Amount of$90,927.00 for the Fleetwood Ground Storage Tank Rehabilitation Project Located at 15201 FAA Boulevard (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council authorize the execution of an engineering Agreement with Neel-Schaffer, Inc., in the amount of$90,927.00 for the Fleetwood Ground Storage Tank Rehabilitation Project located at 15201 FAA Boulevard. The Fleetwood 5.5 million gallon ground storage tank was constructed in 1987 and provides potable water storage for areas in east Fort Worth. After 25 gears of service, the existing coating system is in need of replacement, as required, to protect the structural steel from corrosion. On ,January 12, 2012, a Request t for Proposals was issued for several Water Department projects including potable storage tank rehabilitation projects. On February 10, 2012, a total of five proposals were received from engineering consultants for the tangy rehabilitation projects. A Staff consultant selection committee recommended Neel-Shaffer, Inc., for the Fleetwood ground storage tank rehabilitation project. As part of the work, Neel-Schaffer, Inc., will test the existing coatings for heavy metals and perform a structural inspection of the tank. A preliminary design report recommending existing coating removal and disposal methods, structural repairs and proposed coating system will be prepared. Upon approval of this design report, the engineer will prepare plans, specifications and cost estimates, provide bidding assistance and perform the construction management and on-site inspection for the rehabilitation project. Neel-Schaffer, Inc., is in compliance with the City's IVIMBE ordinance by committing to 15 percent NI MBE participation. The City's goal on this project is 15 percent. The project is located in COUNCIL DISTRICT 5. FISCAL INFORMATION/CERTIFICATION: The Financial Management ent Servi a Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. http: pp .cf net.org/counc it t _r vi ew.a p I D=1 7049& iI date= 1 7/2012 7/20/2012 M&C Review Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers P253 531 200 6051 801 95380 $90,927.00 Submitted for City Manager's Office b ►: Fernando Costar (6122) rigin tin-q Department Head: S, Frank Crumb (8207) Additional Information Contact: Chris Harder (8293) ATTACHMENTS 0FI tw dGSTRehabl l-Schaff r Map.pdf http: a . f v t.org/counc it t m c—rev lew.asp?ID===I 7049& un ild t � 17/2012 7/20/201