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HomeMy WebLinkAboutContract 49501 CITY MRaARY CITY OF FORT WORTH, TEXAS CONTRACT N0, 7._`3�I STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Kleinfelder Inc., authorized to do business in Texas, for a PROJECT generally described as: Calmont Elevated Storage Tank Repair and Re-Painting Project. Article I Scope of Services (1) Consultant hereby agrees to perform the professional services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Calmont Elevated Storage Tank Repair and Re- Painting Project. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article If Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $150,840 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. 4ss� Q E 8 OFFICIAL RECORD �tE CES vEo City of Fort Worth,TexasM y Standard Agreement for Professional Services CPI SECRETARY P A� 4 L�11 N Revision Date:12.22.2016 Ff.WORTH,TX WORZN Page 1 of 9 D Cll`(OF F�RREfARY � C1V 8� 9Sb £ � �� 5 1 Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 12 months, beginning upon the Effective Date, or until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) The CONSULTANT, AT NO COST TO THE CITY, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:12.22.2016 Page 2 of 9 ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Water Department, Attention: Mr. Seiavash Mir, 1000 Throckmorton Street, Fort Worth, TX 76102, and attached to this Agreement prior to its execution. c. Any failure on part of the City to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:12.22.2016 Page 3 of 9 } e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) (a) City may terminate this Agreement for its convenience on 30 days' written notice. (b) Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and the City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:12.22.2016 Page 4 of 9 nonperforming party does not commence correction of such nonperformance within 5 days of written notice or thereafter fails to diligently complete the correction. (2) If City chooses to terminate this Agreement, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article II of this Agreement and Exhibit "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:12.22.2016 Page 5 of 9 In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant 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. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local 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. Consultant 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 XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XIV City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:12.22.2016 Page 6 of 9 Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Water Department 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: Kleinfelder Inc. Attn: David R. Boes, VP, Area Manager 7805 Mesquite Bend Drive, Suite # 100 Irving, Texas - 75063 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement Article XVII Attachments, Schedules and Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:12.22.2016 Page 7 of 9 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 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER Kle' elder I Jesus J. Chapa David R. Boes Assistant City Manager VP, Area Manager ista Date: v —�q-/� Date: APPROVAL RECOMMENDED: By: K ra Shy or Iriterimbirector, Water Department Contract Compliance Manager.- By anager:By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting rWORTH, L RECORD CRETARYDavid R. Boes TX VP, Area Manager City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:12.22.2016 Page 8 of 9 APPROVED AS TO FORM AND LEGALITY : B 11_�6' Y Douglas W. Black Assistant City Attorney Form 1295 No. 20 17 -- Za' C9 q-C2 ATTEST: M&C No.: C - Z�<3 0 4 Mary J. K r M&C Date: 91/I / Z C/ City Secretary 10 ACAS OFFICIAL RECORD City of Fort worth,Texas �/SECRETARY Agreement for Professional Services CITY■ Revision Date:12.22.2016 ��11 u Page 9 of 9 FT.WOWH9 T ATTACHMENT A DESIGN SERVICES FOR CALMONT ELEVATED STORAGE TANK REPAIR AND RE-PAINTING CITY PROJECT NO.:100885 ATTACHMENT A Scope for Professional Engineering and Construction Management Services FOR CALMONT ELEVATED STORAGE TANK REPAIR AND RE-PAINTING CITY PROJECT NO.100885 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. PURPOSE AND SCOPE OF BASIC SERVICES This proposal is to provide condition assessment, design plans, specifications, bid documents, bidding assistance and construction support services for the rehabilitation of the 1.0 MG Calmont EST. The following scope of services describes the detailed tasks that will be performed by Kleinfelder to successfully execute this project. Task 1 — Proiect Planninq & Management Services Kleinfelder's project manager will interface with City of Fort Worth's project manager on a regular basis. Regularly meetings (up to six meetings) will be conducted by the project manager to review schedule, budget, and project coordination issues. Manage the project scope of work for a period of 11 months, including monitoring schedule and budget, making staff assignments to maintain the project schedule, and general management and coordination of project staff and the Client as described below: • Monthly Invoice. Prepare and submit monthly invoices including budget status, and expenditures during the previous month. • Attend one (1) public meeting to discuss the project scope with adjacent residents. Upon issuance of Notice to Proceed, Kleinfelder will develop a health and safety plan, review available information provided by the City (Client), and prepare a field assessment work plan with an inspection schedule. Task 1.1 - Develop Health and Safety Plan Kleinfelder will prepare a Health and Safety Plan for the site, including a list of project personnel responsible for health and safety, hazard analysis for the anticipated activities, required personal protective equipment, contingency measures and forms. Field personnel will be briefed on the plan. Kleinfelder's field team will consist of engineers and the professional divers. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 9 ATTACHMENT A DESIGN SERVICES FOR CALMONT ELEVATED STORAGE TANK REPAIR AND REPAINTING CITY PROJECT NO.:100885 Task 1.2- Review Available Information. Kleinfelder will review the information provided by the City. Our team may request the following tank information: • Record drawings for the tanks • Shop drawings from the tank construction • Any available rehabilitation record for previous coating and improvement • Any available inspection records or photos including previous dive reports • Current site photos of known deficiencies • Any special access issues at the tank site • Any known sedimentation issues Task 2 — Condition Assessment of Tank Prior to conducting the condition assessment for each tank, divers and equipment will be disinfected prior to entering the tank. Kleinfelder will furnish all the necessary materials, equipment and labor required to accomplish the disinfection. Disinfection will be performed in accordance with the requirements of AWWA C652 "Disinfection of Water Storage Facilities" and the regulations of the State of Texas. Kleinfelder will perform condition assessments to the water storage tank listed below, in accordance with the procedures stated in the following subtasks. • Calmont EST— 1.0 MG Task 2.1 - Tank Condition Assessment Procedure Our team will: • Perform an appropriate safety briefing for its staff prior to each site visit. • Photograph each tank to capture the potential issues which have been observed. • Perform visual assessment for the tank, in accordance with the elements in Table 1 for each asset group. For visual assessment of tank, Kleinfelder will use appropriate personal protective equipment (PPE) and fall protection, and ensure that entry into tank is in accordance with the Health and Safety plan. • Diving operations will be conducted in accordance with: a. OSHA, 29 CFR, 1910 Subpart T—Commercial Diving Operations b. ADCI, Consensus Standards for Commercial Diving Operations and Underwater Operations • When diving is performed, a minimum 3-man dive team according to OSHA regulation will perform the inspection. Divers will provide photographic and video graphic documentation of the inspection with narration. • Ensure that all divers and other equipment are disinfected prior to entering the tank. • Perform the following tests and measurements: dry film thickness (coatings), coating adhesion, and heavy metals. The measurements will be compared with the original tank specifications or previous tank rehabilitation record if available. • Make a visual observation of each structure. The foundation (as observed on the ground) will be reviewed; the inside of the bowl will be reviewed; the roof structure will City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 9 ATTACHMENT A DESIGN SERVICES FOR CALMONT ELEVATED STORAGE TANK REPAIR AND RE-PAINTING CITY PROJECT NO.:100885 be reviewed; and other accessible structural components will be reviewed. Typically for reviewing components such as exterior columns and other inaccessible features, photographs will be utilized to review and catalogue those areas. Man lifts or scaffolding will not be used. Field observations will be compared to record drawings and assessed. • complete a condition assessment form for the tank, recording descriptive information and condition assessment for tank assets. • review record information collected during Task 1 as a post-condition assessment activity, in the event of missing name plate data, • Perform a general evaluation of site security Kleinfelder will perform the following observations in Table 1 for the water storage tank to include at a minimum — coating system, structural, safety, security, operational and sanitary conditions as well as general details. Table 1 — Evaluation of Tank System for the Tank Tank System Method/Observation Coating Systems The condition of the tank exterior coating systems will be evaluated by the following methods: • Observation of the coating, where access permits • Coating adhesion test in accordance with ASTM D 3359, Tank Exterior Standard Test Method for Measuring Adhesion by Tape Test, Coating System Method A • Steel Thickness measurements on tanks • Heavy metal tests on coatings to be coordinated with Owner as applicable The condition of the tank interior coating systems will be evaluated by the Video provided by the City and Kleinfelder ROV inspection if it is unsafe to access/enter the tank. Tank Interior . Observation of the coating, where access permitted Coating System Coating thickness measurements on tanks • Depth and location of corrosion pitting or general corrosion • Heavy metal tests on coatings coordinated with Owner or as required City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 3 of 9 ATTACHMENT A DESIGN SERVICES FOR CALMONT ELEVATED STORAGE TANK REPAIR AND RE-PAINTING CITY PROJECT NO.:100885 Tank System Method/Observation Structural Perform an exterior observation to assess the condition of the following: • Tank foundation, column or pedestal foundation and anchor bolts • Structural steel, roof plates, shell plates, where access permits • Access ladders Tank Exterior Roof accessories, vents, roof hatches, obstruction lights, and Structural and railing from the standing at exterior ladder instead of walking on Appurtenances the roof due to safety reasons. • Exterior valves and piping connected to the tank, inlet/outlet piping, tank drain, overflow pipe, flap valve and containment structure The condition of the tank interior coating systems will be evaluated by the Video captured by the diver (or ROV if it is unsafe to enter the tank) during the assessment phase. • Roof plates, roof framing, and upper portions of the shell above Tank Interior the high Structural and water level Appurtenances Visible portions of the tank and appurtenances at floor level • Overflow weir, and pipe • Ladder • Cathodic Protection System Safety & Security Perform an observation of safety and security features to at the tank site to assess the condition of the following: • Fall protections systems • Ladders and railings constructed to OSHA requirements Safety and Safety devices Security Features Locking ladder guards if applicable. • FAA Warning lights • Locking ladder guards Fencing, gates, lighting and access points Operational Perform a visual observation of electrical, instrumentation and control systems to assess the condition of the following: Electrical, a Pressure, level and valve controls Instrumentation 0 Power panels, switches and grounding and Control SCADA and Remote Terminal Units Systems • Interior, exterior lighting and obstruction lights Ventilation system Performed an visual observation of pipe and valve vaults tank site (when accessible) to assess the condition of the following: • Vault structure, sump pump and drains Pipe and Valve . Access hatch, manhole covers, ladders, safety railing and platforms Vaults Pipe and valves Pipe and valve coating • Pipe and valve supports and thrust restraints stem City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 4 of 9 ATTACHMENT A DESIGN SERVICES FOR CALMONT ELEVATED STORAGE TANK REPAIR AND RE-PAINTING CITY PROJECT NO.:100885 Tank System Method/Observation Performed an observation of the tank site to assess the condition of the following: Tank Site • Paved areas including access drive and parking Evaluation Overflow splash pads or catchment structures • Site grading and drainage Sanitary Perform an observation of the tank system to assess potential pathways for contamination as safe access is available: Pathways for Roof and walls Contamination Roof hatches Evaluation Roof drainage • Venting • Screening Overflows The City's responsibilities include: • Filling the tank to the highest operational level and be ready to isolate the tank from the distribution system (i.e. temporarily out-of-service) if needed. • Provide access to the tank for Kleinfelder staff. Kleinfelder's tank inspection team will require support from one staff member, approximately 4 hours for the tank to address access or operational issues. • Opening electrical panels, guards, or hatches for Kleinfelder to visually evaluate electrical and vault components. • Dewater vaults to observe piping if vaults contain water. • Providing the record drawings as well as any existing information on the tank. Task 3 — Preliminary Engineering Assessment Report Task 3.1 - Preparation of Tank Evaluation Report Kleinfelder will provide a final evaluation report for the Calmont EST, approximately four (4) calendar weeks after the completion of field assessment activities. The report will include the following information: • Project background • Existing site and facility information • Summary of observations of coating, structural, safety & security, and operational assets • Summary of deficiencies and further recommended actions • Opinion of probable construction cost (budgetary level) for rehabilitation and/or replacement Kleinfelder will submit the draft report to the City for their review. Following receipt of comments, Kleinfelder will finalize the report. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 5 of 9 ATTACHMENT A DESIGN SERVICES FOR CALMONT ELEVATED STORAGE TANK REPAIR AND REPAINTING CITY PROJECT NO.:100885 The City's responsibilities include review and comment on draft evaluation report. Task 3.2 -Electronic Deliverables One complete electronic copy (pdf format) of the evaluation report will be provided. Kleinfelder will respond to any comments received from the City staff on the draft report and produce the final version of the report. Task 4 — Design Phase Services After approval of the Preliminary Evaluation and Assessment Report (PEAR) by the City of Fort Worth, Kleinfelder will produce a set of design plans, specifications and opinion of probable cost estimate for the rehabilitation of the Calmont EST. Task 4.9 -Preparation of Plans for Calmont EST Drafts of the design plans, specifications and contract documents shall be submitted to the City of Fort Worth at either 60%, or 90% completion levels. A minimum of one (1) week will be allotted for internal review of the documents by the City of Fort Worth before proceedings to the next level. Task 4.2—Design Review Submittals Submittal Drawings Specifications Opinion of Cost 60% or 90% Plans, Sections, and Draft Preliminary Most Details Bid Documents Bid Ready Bid Ready Final It has been assumed that City of Fort Worth will reproduce and distribute drawings and specifications for bidders. Task 4.3— Opinion of Probable Construction Cost Prepare updated opinion of probable construction costs at 60% (or 90%) submittal stage. Task 4.4 - Electronic Deliverables One complete electronic copy (pdf format) of the deliverables will be provided. Kleinfelder will respond to any comments received from the City staff on the draft deliverables and produce the final version of the deliverables. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 6 of 9 ATTACHMENT A DESIGN SERVICES FOR CALMONT ELEVATED STORAGE TANK REPAIR AND RE-PAINTING CITY PROJECT NO.:100885 The City's responsibilities include: • Review and provide comment on draft evaluation report Task 5 — Bid Phase Services Kleinfelder will provide Bid Phase and construction administration services to include the following: Task 5.1 — Bid Phase Services Kleinfelder will prepare up to two (2) addendums. In addition, Kleinfelder will assist the City of Fort Worth in tabulating and comparing the bids, and evaluating bidder qualifications based on reference verification, reproduce and distribute contract documents to bidders, maintain a list of bidders as needed. It is assumed that City of Fort Worth will advertise for bid, Engineer will upload the electronic bid documents on Buzzsaw/City's purchasing website and assist the city with pre-bid meeting to answer the questions from the prospective Bidders. Task 5.2— Preparation of Conformed Documents Kleinfelder will compile the information from the addendums and prepare the conformed set for construction documents; one electronic copy will be provided. Task 6 — Construction Administration Services Task 6.1 — Construction Coordination Meetings Kleinfelder will attend the pre-construction meeting. Kleinfelder will attend construction meetings and the contractor, subcontractors, and City staff on a monthly basis to discuss the progress of the project. Attendance at up to six (6) meetings is included as a part of this scope. Task 6.2—File Preparation Kleinfelder will maintain a file of shop drawings with review comments, RFIs, change orders, and other documents processed by Kleinfelder. Task 6.3— Shop Drawing Review Receive and review technical documents submitted by contractor. Submittals will be reviewed by the Kleinfelder for general conformance to the contract documents. Subsequent to Kleinfelder's review, we will return the submittal to the contractor. Kleinfelder will maintain a log of shop drawings that have been submitted, and the disposition. Our fee is based upon an estimated twenty (20) shop drawings submittals will be reviewed. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 7 of 9 ATTACHMENT A DESIGN SERVICES FOR CALMONT ELEVATED STORAGE TANK REPAIR AND REPAINTING CITY PROJECT NO.:100885 Task 6.4—Requests for Information Review, coordinate with City staff and respond to contractor's request for information (RFIs). When appropriate, suggestions and alternatives will be provided to the contactor and/or City staff. A log of RFIs will be maintained. Up to ten (10) RFIs are included as a part of this contract. Task 6.5— Contract Change Orders Analyze and make recommendations to City staff regarding contract change orders during the course of the construction projects. Change orders will be evaluated from an engineering perspective. Up to two (2) change order requests are included as a part of this contract. Task 7 — Record Drawings Prepare record drawings based on information/red lines supplied by the contractor. One electronic copy of record drawings after construction completion will be prepared. Task 8 — Construction Observation Phase During the rehabilitation construction phase, Kleinfelder will provide a qualified project representative to perform periodic field visits and construction observation services for up to sixty (60) trips. Each trip consists of 5 hours per trip, including travel and reporting, 3 trips a week for five consecutive months. During the field visits, the project representative will observe the prime contractor's progress and evaluate 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 City to manage both the schedule and cost through project completion. Kleinfelder will provide field reports within five (5) business days. The actual cost for field inspection may vary from our estimate due to factors beyond our control. We will coordinate closely with the City during the construction and keep you apprised of the actual effort expended versus our projections. In an event if the time for one trip gets extended beyond 5 hours then that will be considered as two trips. 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 or NACE certified with extensive coatings observation and testing experience. Weekly reports with daily entries will be generated to document the onsite quality assurance program. ADDITIONAL SERVICES/ASSUMPTIONS The following services are not included in the Scope of Basic Services and will be considered as Additional Services, if and when they are required or requested: • Right of entry to City property will be granted • The services of specialty sub-consultants or other special outside services other than those described in the above Scope. • Assessment of third party communication systems installed on the tanks. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 8 of 9 ATTACHMENT A DESIGN SERVICES FOR CALMONT ELEVATED STORAGE TANK REPAIR AND RE-PAINTING CITY PROJECT NO.:100885 • Costs, including equipment replacement, associated with decontamination of personnel/equipment as a result of encountering hazardous/toxic materials at site. • Meetings, other than those described in the above Scope. • Additional report copies or submittals; or report revisions after final submission. • Additional or increased insurance coverage (if available) other than described in the Services Agreement. • Coordination with regulatory agencies other than described in the above Scope. • Design services for the recommended rehabilitation of existing tanks. • Any other services not specifically included in the above Scope. • No SUE work is included • No record research included • No boundary work or property delineation included If Kleinfelder is obligated to prepare for or appear in litigation or arbitration proceedings on behalf of the Owner, Kleinfelder shall receive additional compensation to be mutually agreed upon. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 9 of 9 ATTACHMENT B COMPENSATION Design Services for Calmont Elevated Storage Tank Repair and Re-Painting City Project No. 100885 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $150,840 as summarized in Exhibit B-1 — Engineer Invoice and Section IV—Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall 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:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Kleinfelder, Inc. Design & Construction $ 120,840 80% Services Proposed MBE/SBE Sub-Consultants Steel Inspectors of Welding & Coating Inspections $ 14,000 9% Texas, Inc. Non-MBE/SBE Consultants Garver Electrical Engineering Services $ 15,000 10% U.S. Underwater Underwater Tank Assessment $ 1,800 1% Services, LLC TOTAL $ 150,840 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE Calmont Elevated Storage Tank $ 150,840 $ 14,000 9.3% City MBE/SBE Goal = 9% Consultant Committed Goal = 9.3% City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) �\ INVOICE 1 KLE/NFELOER TERMS:NET 30 DAYS or Contract Terms Finance Charge on Past Due Amount Biight➢eople.Right Solutions 1.5°,6lmonth(18%APR) Remit To: Kleinfelder P.O. Box 51958 Seiavash Mir Los Angeles,CA 90051-6258 City of Fort Worth Invoice Date: 9/21/2015 1000 Throckmorton Street Invoice No: <Draft> Fort Worth,TX Client No: 021237 Contract No. Project No: XXXXXXX.001A Bill Thru Date: 9/13/2015 Project Manager: CP Nawal Total Due This Invoice: $ 0.00 Project Name: Calmont Elevated Storage Tank Repair and Re-Painting Billing Period: 8/17/2015 To 9/13/2015 Percent Previous Current Balance Billing Phase Fee Complete Fee Billing Fee Billing Remaining Task 1: PM&Planning 8,875.00 0.00 0.00 0.00 8,875.00 Task 2: Design Development 13,840.00 0.00 0.00 0.00 13,840.00 Task 3: Prelim Engineering Assessment 15,751.00 0.00 0.00 0.00 15,751.00 Task 4: Design Phase Services 58,075.00 0.00 0.00 0.00 58,075.00 Task 5: Bid Phase Services 6,098.00 0.00 0.00 0.00 6,098.00 Task 6: Construction Admin Services 19,851.00 0.00 0.00 0.00 19,851.00 Task 7: Record Documents 2,399.00 0.00 0.00 0.00 2,399.00 Task 8:Construction Obser Services 25,951.00 0.00 0.00 0.00 25,951.00 Total Fee 150,840.00 0.00 0.00 0.00 150,840.00 Please Pay This Invoice Amount: $ 0.0 Please include the above invoice number on your payment.To make a payment online,visit us at: h ttpsltwww.kl sinfel de r.com/epayrne nt City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 4 of 4 B-4 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Calmont Elevated Storage Tank Repair and Re-Painting City Project No. 100885 <List any changes to the Standard Agreement> City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page i of 1 ��§ \ / ) ƒ &a CL } @` / § $\ U k \� & 6n . % { �� M> / NE » ®- E E m £ « ^ / }/ - • z a" ƒ | ! � f . ! , ) § — ) k \ \ � t%� , LJ u , A� Wes Nas Joint �:✓ � r - — Reserve Basi o� C- -q1 eF Fort Worth,. nn► fi cu aC6 F 1O gjC`Q'i`� _ �6 . n f8F}- t/ tE�a �t 1t � h(te n9 e �p�ttlement �341f `/� Dee � r 1 �183IL J � un Location r-� C C I0lefiy L C P �k\ �Iers 11 3U n � rzon �:.re—"�'��' � a e n az v LCDCCI_ Pa a� vale to C� `' oa an- .%A Site Location �L11 e e :,- } I oktno�e vi"C _ �j u DeMirk , ,pC C CITY PROJECT NO.: DATE: AUGUST2017 SITE LOCATION MAP KLE/NFELOER CREATED BY: JP CHECKED BY: CN Calmont Elevated Storage Tank Bright People.Right Solutions. FILE NAME: Repair and Re-Painting �� xxxxxxxxxx Fort Worth,Texas P8'172017 ATE M/DD/YYYY) A�O® CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR 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 OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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). PRODUCER CONTACT Risk Strategies Company NAME: Risk Strategies Company 2040 Main Street, Suite 450 PHON o E 949-242-9240 a No Irvine, CA 92614 E-MAIL ADDRESS: svoung@risk-strategies.com INSURERS AFFORDING COVERAGE NAIC# www.risk-strategies.com CA DOI License No.OF06675 INSURER A: Continental Casualty Company 20443 INSURED INSURER B: The Kleinfelder Group, Inc. INSURERC: American Casualty Company of Reading, PA 20427 (See Attached Named Insured Schedule) 550 West C Street, Suite 1200 INSURER D: San Diego, CA 92101 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 37112580 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 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 PAID CLAIMS. INSR ADDLITYPE OF INSURANCE INSD WVD SUER POLICY NUMBER MM%�DY/YY FF MM/DD/YYYY LIMITS EXP LTR A �/ COMMERCIAL GENERAL LIABILITY ✓ 6024504483 4/1/2017 4/1/2018 EACH OCCURRENCE $ $1,000,000 DAMAGE TCLAIMS-MADE ❑✓ OCCUR PREM SESORNTED EaEocc.".nce $ $100,000 MED EXP(Any one person) $ $15,000 PERSONAL&ADV INJURY $ $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ $2,000,000 POLICY JECT F—]LOC PRODUCTS-COMP/OP AGG $ $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY ✓ 6024504466 4/1/2017 4/1/2018 Ee e I dEDtSINGLELIMIT $ $1,000,000 I ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNEDPROPERTY DAMAGE $ AUTOS ONLY ✓ AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ C WORKERS COMPENSATION ✓ 6024362247(AOS) 4/1/2017 4/1/2018. �/ STATUTE OERH AND EMPLOYERS'LIABILITY Y/N 6024362233(CA) 4/1/2017 4/1/2018 ANYPROPRIETOR/PARTNER/EXECUTIVE FN N/A E.L.EACH ACCIDENT $ $1,000,000 OFF ICER/MEMBEREXCLUDED? (Mandatorym NH) E.L.DISEASE-EA EMPLOYEE $ $1,000,000 If yes,describe under DESCRIPTION OFOPERATIONSbelow E.L.DISEASE-POLICY LIMIT 1$ $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Projects as on file with the insured including but not limited to Calmont Elevated Storage Tank Repair. City of Fort Worth,its officers,employees and servants are named as additional insureds and primary/non-contributory clause applies to the general and auto liability policies and a waiver of subrogation applies to the work comp policy-see attached endorsements. CERTIFICATE HOLDER CANCELLATION Cit of Fort Worth, TX SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Seiavash Mir ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton St. Ft. Worth TX 76102 AUTHORIZED REPRESENTATIVE ^, 4,; :l Michael Christian ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 37112580 1 17-18 GL-AU-UL-WC-PL ($lm/$lm) *Standard Limits I Sherry Young 1 8/3/2017 1:23:05 PM (PDT) I Page 1 of 6 DESCRIPTION OF OPERATIONS CONTINUED: INSURED'SINAME: THE KLEINFELDER GROUP, INC. CERT HOLDER NAME: City of Fort Worth, TX Attn: Seiavash Mir (Continued from Page 1) Named Insureds: The Kleinfelder Group, Inc. Kleinfelder, Inc. Kleinfelder Associates Trinity Engineering Testing Corporation ERG, LLC CE2 Kleinfelder Kleinfelder East, Inc. Kleinfelder West, Inc. Kleinfelder Central, Inc. GeoSystems Engineering, Inc. Kleinfelder Engineering, P.C. Kleinfelder Southeast, Inc. S E A Consultants, Inc. Kleinfelder Oklahoma 100, LLC Kleinfelder Oklahoma 200, LLC Kleinfelder Texas 100, LLC Kleinfelder Texas 200, LLC Nodarse-Kleinfelder A Joint Venture LLC Kleinfelder Guam 101, LLC Kleinfelder Utah 100, LLC Kleinfelder Colorado 100, LLC Kleinfelder Kansas 100, LLC Kleinfelder International, Inc. Kleinfelder Australia Pty Ltd. LPG Environmental & Permitting Services, Inc. Buys and Associates, Inc. Kleinfelder Northeast, Inc. Kleinfelder New Mexico 100, LLC Kleinfelder Canada, Inc. Kleinfelder Drilling, Inc. Corrigan Consulting, Inc. Simon Wong Engineering, Inc. Omni Environmental, LLC A-1 Surveying OEI Consultants, Inc. Red Dog Technical Services, Inc. Hood Technical Services, Inc. Hood Resources Corp. 927278 Alberta Ltd. 943739 Alberta Ltd o/a Hood Engineering 943743 Alberta Ltd. 950347 Alberta Ltd. o/a Hood Tech 1833383 Alberta Ltd. 37112580 1 17-18 GL-AU-UL-WC-PL ($lm/$lm) *Standard Limits I Sherry Young 8/3/2017 1:23:05 PM (PDT) Page 2 of 6 f Named Insured: The Kleinfelder Group,Inc. Policy Number. 6024504483 Effective Date 4/1/2017 The fgllmylggpolicylaggggge/s eg excerpt from Palley fgrge lgserageeCompanyCgmmercia/General Liability Ceverage.- This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A.through I.below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract unwritten agreement,provided such contract or agreement: (1) is currently in effect up becomes effective during the term of this Coverage Part;and (2) was executed prior to: (a) the bodily injury or property damage;or (b)the offense that caused the personal and advertising Injury, for which such additional insured seeks coverage. b. However,subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement;or (2) coverage broader than required by such contract or agreement,and in no event broader than that described by the applicable paragraph A.through I.below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. Engineers,Architects or Surveyors Engaged By You An architect,engineer or surveyor engaged by the Named Insured,but only with respect to liability for bodily injury,property damage or personal and advertising injury caused in whole or in part by the Named Insured's acts or omissions,or the acts or omissions of those acting on the Named Insured's behalf: n. in connection with the Named Insured's premises;or b. in the performance of the Named Insured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily injury,property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by,on behalf of,or for the Named Insured,including but not limited to: I. the preparing,approving,or failing to prepare or approve,maps,shop drawings,opinions,reports,surveys,field orders,change orders up drawings and specifications;or 2. supervisory,inspection,architectural or engineering activities. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment,but only with respect to liability for bodily injury,property damage or personal and advertising injury caused,in whole or in part,by the Named Insured's maintenance,operation or use of such equipment,provided that the occurrence giving rise to such bodily injury,property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. Lessor of Premises An owner or lessor of premises leased to the Named Insured,or such owner or lessor's real estate manager,but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of the ownership,maintenance or use of such part of the premises leased to the Named Insured,and provided that the occurrence giving rise to such bodily injury or property damage,or the offense giving rise to such personal and advertising injury,takes place prior to the termination of such lease.The coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. State or Governmental Agency or Subdivision or Political Subdivisions—Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury,property damage or personal and advertising injury arising out of: L the following hazards in connection with premises a Named Insured owns,rents,up controls and to which this insurance applies: a. the existence,maintenance,repair,construction,erection,or removal of advertising signs,awnings,canopies,cellar entrances,coal holes,driveways,manholes,marquees,hoistaway openings,sidewalk vaults,street banners,or decorations and similar exposures;or b. the construction,erection,or removal of elevators;or c. the ownership,maintenance or use of any elevators covered by this insurance;or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury,property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision;or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement,the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONALINSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-contributory relative to an additional insured's own insurance,than this insurance is primary, and the Insurer will not seek contribution from that other insurance.For the purpose of this Provision 2.,the additional insured's own insurance means insurance an which the additional insured is a named insured.Otherwise,and notwithstanding anything to the contrary elsewhere in this Condition,the insurance provided to such person or organization is excess of any other insurance available to such person or organization. GENERAL AGGREGATE LIMITS OF INSURANCE-PER LOCATION A. A separate Location General Aggregate Limit,equal to the amount of the General Aggregate limit,is the most the Insurer will pay for the sum of: 1. All damages under Coverage A,except damages because of bodily injury or property damage included in the products-completed operations hazard;and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can he attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate limit shown in the Declarations,nor the Location General Aggregate Limit of any other location. B. All: I. Damages under Coverage B,regardless of the number of locations involved; 2. Damages under Coverage A,caused by occurrences which cannot he attributed solely to ongoing operations at a single location,except damages because of bodily injury or property damage included in the products-completed operations hazard;and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate limit shown in the Declarations. C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE-PER LOCATION Provision."location"means: 1. a premises the Named Insured owns or rents;or 2. a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement. If operations at such a location have been discontinued and then restarted,or if the authorized parties deviate from plans,blueprints,designs,specifications or timetables,the location will still be deemed to be the same location. 37112580 117-18 GL-AU-UL-WC-PL ($lm/$lm) -Standard Limits I Sherry Young 18/3/2017 1:23:05 PM (PDT) I Page 3 of 6 For the purpose of determining the applicable aggregate limit of insurance,premises involving the some or connecting lots,or premises whose connection is interrupted only by a street,roadway, waterway or right-of-way of a railroad shall be considered a single location. D. The limits shown in the Declarations for Each Occurrence,for Damage To Premises Rented To You and for Medical Expense continue to apply,but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit,depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products-completed operations hazard is provided,any payments for damages because of bodily injury or property damage included in the products- completed operations hazard,regardless of the number of locations involved,will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE-PER LOCATION Provision shall continue to apply as stipulated. GENERAL AGGREGATE LIMITS OF INSURANCE-PER PROJECT I. For each single construction or service project away from premises the Named Insured owns or rents,a separate Project General Aggregate Limit,equal to the amount of the General Aggregate Limit shown in the Declarations,is the must the Insurer will pay for the sum of: A. all damages under Coverage A,except damages because of bodily injury or property damage included in the products-completed operations hazard;and B. all medical expenses under Coverage C; that arise from occurrences or accidents which can be attributed solely to ongoing operations at that project.Such payments shall not reduce the General Aggregate Limit shown in the Declarations,nor the Project General Aggregate Limit applicable to any other project. ll. All: A. damages under Coverage B,regardless of the number of locations or projects involved; B. damages under Coverage A,caused by occurrences which cannot be attributed solely to ongoing operations at a single project,except damages because of bodily injury or property damage included in the products-completed operations hazard:and C. medical expenses under Coverage C,caused by accidents which cannot be attributed solely to ongoing operations at a single project, will reduce the General Aggregate Limit shown in the Declarations. III.The limits shown in the Declarations for Each Occurrence,for Damage To Premises Rented To You and for Medical Expense continue to apply,but will be subject to either the Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations,depending an whether the occurrence can be attributed solely to ongoing operations at a particular project. IV. When coverage for liability arising out of the products-completed operations hazard is provided,any payments for damages because of bodily injury or property damage included in the products- completed operations hazard will reduce the Products-Completed Operations Aggregate limit shown in the Declarations,regardless of the number of projects involved. V. If a single construction or service project away from premises owned by or rented to the Named Insured has been abandoned and then restarted,or if the authorized contracting parties deviate from plans,blueprints,designs,specifications or timetables,such project will still be deemed to be the same project. VI.The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. WAIVER OF SUBROGATION-BLANKET Under CONDITIONS,the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations;or 2. your work included in the products-completed operations hazard. However,this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract orwritten agreement,and only if such contractor agreement: 1. is in effect or becomes effective during the term of this Coverage Part;and 2. was executed prior to the bodily injury,property damage or personal and advertising injury giving rise to the claim. SEPARATION OF INSUREDS: Except with respect to the Limits of Insurance,and any rights or duties specifically assigned in this Coverage Part to the first Named Insured,this insurance applies: a. As if each Named Insured were the only Named Insured;and b. Separately to each insured against whom claim is made or"suit"is brought. NOTICE OF CANCELLATION: In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part(other than the reduction of aggregate limits through payment of claims),we agree to mail prior written notice of cancellation or material change to the Certificate Holder 30 Days advance notice.(Form G-15115A Ed.10/89) All other terms and conditions of the Policy remain unchanged. 37112580 1 17-18 GL-AU-UL-WC-PL ($lm/$lm) 'Standard LimitS I Sherry Young 1 8/3/2017 1:23:05 PM (PDT) I Page 4 of 6 Named Ins u red:The Kleinfelder Group, Inc. Policy Number: 6024504466 Effective Date: 4/1/2017 ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations ANY PERSON OR ORGANIZATION ON WHOSE BEHALF YOU ARE REQUIRED UNDER A WRITTEN CONTRACT OR AGREEMENT. 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II — LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non- contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident"for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. CNA 71527XX(Ed.10/12) 37112580 117-18 GL-AU-UL-WC-PL ($lm/$lm) *Standard Limits I Sherry Young 18/3/2017 1:23:05 PM (PDT) I Page 5 of 6 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION ON WHOSE BEHALF YOU ARE REQUIRED TO OBTAIN THIS WAIVER OF OUR RIGHT TO RECOVER FROM UNDER A WRITTEN CONTRACT OR AGREEMENT. THIS ENDORSEMENT DOES NOT APPLY IN NJ. 0 r c+ r m c v 0 N M O O N O This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 4/1/2017 Policy No. 6024362247(AOS) Endorsement No. Insured The Kleinfelder Group, Inc. 6024362233 (CA) Premium Insurance Company Countersigned by American Casualty Company of Reading,PA WC 00 03 13 (Ed.4-84) Copyright 1983 National Council on Compensation Insurance. 37112580 1 17-18 GL-AU-UL-WC-PL ($lm/$lm) *Standard Limits I Sherry Young 18/3/2017 1:23:05 PM (PDT) I Page 6 of 6 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/1/2017 - Ordinance No. 22806-08-2017 & Resolution No. 4807-08-2017 DATE: Tuesday, August 1, 2017 REFERENCE NO.: **C-28304 LOG NAME: 60REPAINTING OF 1 MG CALMONT EST SUBJECT: Authorize Execution of an Engineering Agreement with Kleinfelder, Inc., in the Amount of$150,840.00 for Engineering Services for the Repair and Repainting of the One Million Gallon Calmont Elevated Storage Tank, Adopt Approriation Ordinance and Reimbursement Resolution (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached resolution expressing official Intent to Reimburse expenditures with proceeds of future debt for the repainting of the Repair and Repainting of the one million gallon Calmont Elevated Storage Tank; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer DPN Fund in the amount of$225,840.00; and 3. Authorize execution of an Engineering Agreement with Kleinfelder, Inc., in Amount of$150,840.00, for Engineering Services Required for Repair and Repainting of one million gallon Calmont Elevated Storage Tank. DISCUSSION: The Calmont Elevated Tank, located at 6600 Calmont Avenue, was built in 1948 and last repainted in 1999. The existing coating system has reached the end of its useful life and needs to be removed and replaced. In February 2017, a Request for Qualifications (RFQ)was issued for several Water Department Projects including the Potable Water Storage Tank Rehabilitation Project. In March 2017 a total of six proposals were received from engineering consultants for the tank rehabilitation project. A Staff selection committee recommended Kleinfelder, Inc., for the Repair and Repainting of the one million gallon Calmont Elevated Storage Tank Repaint and Rehabilitation Project. This project is anticipated to be included in a future revenue bond issue for the Water and Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Direct Purchase Note (DPN) Program will be used to provide interim financing for this project until debt is issued. To the extent resources other than the Water and Sewer portfolio are used to provide interim financing, the Water and Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City portfolio (currently approximately one-percent annually). Should the City's portfolio not support the liquidity needed to provide an interim short-term financing source, another funding source will be required, which could mean issuance of securities under the DPN Program or earlier issuance of Water and Sewer revenue bonds than is currently planned. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. http://apps.cfwnet.org/ecouncil/printmc.asp?id=24709&print=true&DocType=Print 8/9/2017 { The City Council adopted the Water Department's Fiscal Year 2016-2020 Five-Year Capital Improvement Plan on February 2, 2016 Mayor and Council Communication (M&C G-18662). This City Council adopted plan includes this specific project, with funding identified through the DPN Program to be reimbursed with future revenue bonds. In accordance with the provisions of the Financial Management Policy Statements, Staff anticipates presenting revenue-supported debt issuances to the City Council for consideration within the next three years. This debt must be issued within approximately three years to provide reimbursement for these expenses. If that does not occur, the costs will no longer be reimbursable by issuing tax-exempt debt and the funding source will have to be made whole through other budgetary methods. Adoption of this resolution does not obligate the City to sell bonds, but preserves the ability to reimburse the City from tax-exempt bond proceeds. The Engineering Agreement being approved is only a portion of the project that includes project management, inspection, contingencies and construction cost with an overall budget for this project of $1,225,840.00. Engineering services is anticipated to commence in August 2017 and be complete by January 2018, with construction starting in March 2018 to be complete by June 2018. In addition to the Engineering Agreement funding, $75,000.00 is needed for inspection, project management and project contingencies. This project will have no impact on the Water Department's operating budget when complete. M/WBE OFFICE— Kleinfelder, Inc., is in compliance with the City's BDE Ordinance by committing to nine percent SBE participation. The City's goal on this project is nine percent. This project is located in COUNCIL DISTRICT 3. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the Water/Sewer DPN funds for the Repainting of the one million gallon Calmont Elevated Storage Tank project as depicted below: FUND Existing Additional Project Appropriations Appropriations Total* Water/Sewer DPN Fund $0.00 $225,840.00 $225,840.00 56011 Project Total $0.00 $225,840.00 $225,840.00 * Numbers rounded for presentation purposes. FUND IDENTIFIERS (FIDs): TO "[6epartment ccoun Project 1�rogramctivityl Budget Reference # !Amount ID ID 1A Year Chartfield 2 FROM Fund Department 1A ccoun Project JProgram 1A ctivity Budget Reference # moun http://apps.cfwnet.org/ecouncil/printmc.asp?id=24709&print=true&DocType=Print 8/9/2017 ID ( ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Kara Shuror (8819) Additional Information Contact: Seiavash Mir (8404) ATTACHMENTS 1. 170525 100885 Calmont ComplianceMemo.pdf (CFW Internal) 2. 60 1 MGCALMONT TANK FID Table.pdf (CFW Internal) 3. 60REPAINTING 1 MG CALMONT REIMB RESOLUTION.doc (Public) 4. 60REPAINTING OF 1 MG CALMONT EST 60 AOr.docx (Public) 5. CalmontElevatedTank PDF Map.pdf (Public) 6. CPN100885 56011 Journal.MHT (CFW Internal) 7. Form 1295.pdf (Public) 8. SAM.pdf (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=24709&print=true&DocType=Print 8/9/2017 �-3/aj 1 CERTIFICATE OF INTERESTED PARTIES FORM J.295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-227890 Kleinfelder, Inc. Irving,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/23/2017 being filed. City of Fort Worth,Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. RFP Group 2017A(Spring) "Repair and Repainting of 1.0 MG Calmont Elevated Storage Tank-RFP Group 2017A(Spring 2017)" Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Moossazadeh,John San Diego,CA United States X Ruebelmann,Joanna Salt Lake City, UT United States X Fisher, Derek Hamilton,NJ United States X Shanik, Nancy San Diego,CA United States X Lohkamp,Joanna San Diego,CA United States X Pottmeyer,Kevin San Diego,CA United States X Johnson, Roger San Diego,CA United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of p 'ury,that the above disclosure is true and correct. avP0%, DONNA B. MANN Notary Public,State of Texas - N `Q= Comm.Expires 09-30-2020 Notary(D 6796620 Signature of authorized age t of contracting business entity 77 AFFIX NOTARY STAMP/SEAL ABOVE �� 1� Sworn to and subscribed before me,by the said I)' )j— 11 � this the o�3 day of , 20 to certify which,witness my hand and seal of office. 4,�� 4,qAUI-) �6 V10--P---1- Signature of officer administ&iiag oath Printed name of officer administering oath Title of o icer inistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883