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HomeMy WebLinkAboutContract 54061 i f CSC No. 54061 i O�F00�wpR� CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule } municipality ("CITY"), and CDM Smith, Inc., authorized to do business in Texas ("ENGINEER"), for a PROJECT generally described as: Eagle Mountain Water Treatment Plant Clearwell No. 3 Rehabilitation Evaluation. Article I Scope of Services t I The Scope of Services is set forth in Attachment A. I Article II Compensation and Term of Agreement A. The ENGINEER's compensation shall be in the amount up to $83,730.00 as set forth in Attachment B. B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. 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. City of Fort Worth,Texas //��p�,® Epp— Standard Agreement for Engineering Related Design Services OFFICIAL RECORD Revised Date:11.17.17 Page 1 of 17 CITY SECRETARY FT WORTH,TX (3) Upon completion of services enumerated in AdrtiCle [ the final p3VDOe0d Of any balance will bB due within 30 days 0f receipt Dfthe final invoice. (4) In the event Ofa disputed O[ contested billing, only that portion SOcontested | will bewithheld from payment, and the undisputed portion will be paid. The / CITY will exercise n88SOn@b|eDeo8 in C0Dt88tiO~� any bibillOrpOrt ""i�D th nB0f. MO interest will accrue On any cODbeShSd portion Of the billing until mutually /5\ If the CITY fails to make payment in fU|/ to ENGINEER for billings contested in good faith within 80 days of the amount due. the ENGINEER 0n@y, after giving 7 days' written notice to CITY, suspend services under' this AGREEMENT until paid in full. In the event of suspension OfServic8 the ENGINEER shall have no liabilityto CITY for delays or damages C@U8~+°" the (�|TYbecause Of such suspension ofservices. Article UV Obligations of the Engineer Amendments tO Article IV, if any, are included iD Attachment C. A. General The ENGINEER will serve as the C|TT'S pnOfmsSi0O@| engineering representative under this Agne8DleOt, providing professional engineering COD8ult8tiOD and @dViC8 and furnishing CuSt0nl8ry services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the pnDfeS3iOO8| skill and care ordinarily provided by competent engineers practicing iD the same OF similar |Oc@|itvand under the Sanl8Or similar circumstances and pnDfa8SiOD8| |iC8nse'. ' d _. (2) 8S expeditiously 88 is prudent considering the ordinary professional skill and care of@ competent engineer. C. Subsurface Investigations (1) The ENGINEER Sh@|| advise the CITY with regard to the necessityfnr subcontract vVOd« such as Sp8Ci@| 8uP/8yS, teSbS, test borings, 0r h8r subsurface iOv8St/ggtiOOS in CoODe{tiOD with design and engineering City m Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:,1.1r.n Page um1r 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. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 3 of 17 indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything iQthe Contract Documents or this AGREEMENT ENGINEER be construed as requiring ENGINEER to make exhaustive or CUAtiDUOU8 on-site inspections to discover latent defects /Othe work Or otherwise check the quality or quantity the VON< OD the PROJECT. If the ENGINEER makes on-siteObSen/@tiOU(8) Uf8devi8tioOfrOmth8Contract D CUn9Dt0' the ENGINEER shall inform the CITY. /3\ When prOfeS3i0O8| certification Of performance Or Ch8r8Cteh8hCS Of Dl8teri8|O, 3ySt8nlS Or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER 8h@U be entitled to r8|V UpOD such certification to eS[8b|/8h Dl8t8ri8|S. Sy8te[DS Or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER 8h8U provide opinions of probable CU8t8 based On the current available infbrD2UOD at the time of preparation, in 8CCOodGOD8 VvithAtaChnl8DtA. ' (2) In providing opinions Of cDst, fin@Doi8| aOa|ySeS, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price Of labor and nl8t8ri8/S; UOknOvVn or |8h8Dt CoDdiUODS of existing equipment or structures that may affect operation Or nl8iOt8D3DCe costs; ConlpeUbVe bidding procedures and rOad(8t conditions; time or quality of performance by third parties; qU@|ih/. h/p� nl8OGg8[D8Dt O[ �in�[�i0O Of���nGUO� p�nG0DD8|� and �h '' type, . . n other and 0per@UOnB| factors that - ' - - -' 8[ nl�V n0ateh@||y @ffo[t the ultimate PROJECT cost Or schedule. Therefore, the ENGINEER Fn@k88 no xv@rrgOh/ that the C|TY's 3{tUo| PROJECT CO8t8, fiD8DCi2| aspects, economic feasibility, or schedules will OO� V�ry fromthe EN(�|NEER' OpiniOOs, analyses, projections, or estimates. " G. Construction Progress Payments � ReCOnlnl8Od8UOOS by the ENGINEER to the CITY for periodic CODst[UCtiOD progress payments to the CoDst[UCtiOD COntDGCtOr will be based OD the EN{3|h]EER's kDoVv|8dg8. information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations dO not represent that continuous Ur detailed examinations have been made by the ENGINEERENGINEERtO ascertainth t ascertain the e construction CoOtG3CtOF has completed th� work in exactaccordance- ' -� with the Contract Documents; that the final work will be acceptable in all respects;� that the ENGINEER has made an examination t D@ 0n O ascertain hOvv 0[for what purpose City of Fort Worth,Texas Standard Agreementfor Engineering Related Design Services Revised Date:1/.17,17 Page 4m1/ the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a 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. Engineer acknowledges the MBE and SBE goals established for this contract 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 Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 5 of 17 directly pertinent books, documeAts, papers and records of such sUbCODSUltanL involving tcaDs8CU8nG to the subcontract, and further, that the CITY shall have access during normal working h0UFS to aU0UbC0A8U/t3Dt | 0@Ci/iti88. and shall be provided adequate and appropriate work space in � order to Q}OdUCt audits in compliance with ~C � the provisions of this a�! le ( together with sUbSeCtiOn (3) hereof. CITY 8h@/| give sUbCoO8U| ~~Dt reasonable advance notice Of intended audits. /3\ ENGINEER and SUbCODsU|t@ntagree tO photocopy such documents @smay be requested by the CITY. The CITY agrees to neinlbUnO8 ENGINEER for the C0St of copies at the rate published in the Texas Administrative Code in effect aSOf the time copying i8performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. C0rnrnenC/o| General Liability - the ENGINEER Sh@U maintain Co0nlenCi8| g8Den8| liability (CGL) and, if necessary, CODlnOerci@| Unlbre||@ iDSUr2OC8 with 8 limit of .t |eSO than $1.000.000.00 per each occurrence with a $2'000.000-00 aggregate. If such [|OnlnlerCi@| General Liability insurance C0Dt@iDo a general aggregate limit, it Sh8U apply separately t0 this PROJECT 0Flocation. ). The CITY shall be included @S2D additional insured with all rights Of defense under the CGL. using |SCl additional /n8Un3d endorsement Or8 substitute providing equivalent coverage, and under the CoOlrnerCia| U[nbne||8 if This iDSUF2OQ8 Sh8|| ` | . � apply 88 primary /DSU[8Dc8 with respect t � any other iDSUr�One �r � self- insurance pnDgn3[n3 afforded to the CITY. The -' - � � CoNnDOe[Ci8| General Liability insurance policy 8h@|| have no exclusions or endonS8nn8D[8 that VvOu|d alter or OU||if»: pre[OiSeS/Op8nGtiOO8 pnOdUCtS/cOnlp|eted operations, Q}Ot[8Ct'8|, pe[SOO@| in|ury, or ' advertising injury, which are normally contained within the' policy, UD|eSsthe (�|TYSpeCi�QaUy8pp[oVeS8uCheXC|Usk}DSiD - hDg. ' ii ENGINEER waives all rights against the CITY and its agents, officers, �iF�CtOnS �Od 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. BU3iDeSo Auto - the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability« /nSUn3Oce with @ |irn� � not |eS8 than $1.000.000 each accident. Such insurance shall COver ^ ~' City m Fort Worth,Texas Standard Agreementfor Engineering Related Design Services Revised Date:11.17.17 Page sm1r liability arising out 0f "any auto", including OVVDed' hired. and DoD-0VVNed | 8UtOS, when said vehicle is used in the course Qfthe PROJECT. If the engineer 0VVDS DO vehicles, COV8[8ge for hired or D0D-OVvOed is acceptable. | | i. ENGINEER vv8iweS all rights against the CITY and its @g8ObS. officers, directors and employees for neDOv8[y of damages to the extent these damages are covered by the business auto liability Or COrOD1erCi8| U[Dbn8UG liability in8Uc3DC8 obtained by ENGINEER pursuant to this agreement Dr under any applicable @Ub] physical damage coverage. C. Workers' Compensation — ENGINEER shall 0O8iOt8iO xVOrk8nG compensation and employers liability insurance and, if necessary, COrOnl8nCi@| UrObn8||@ liability insurance with a limit Of not |eS8 than $100'000.00 each 8CCid8Dt for bodily injury by accident Or $100.000.00 each employee for bodily injury bydi8e8oe. xvith $5OO.00O.00pO|iCy |iDlit. i. ENGINEER waives all rights against the CITY and its agents, OffiC8[S, directors and employees for recovery Ofdamages to the extent these dGDl8geS are covered by workers COnlpeOS8tiOn and employer's liability or DOOlnnerci8| UrDbreUo iDsU[8nC8 obtained by ENGINEER pursuant tOthis agreement. d. Pn3fBS8iOnG| Liability — ENGINEER 8h@U maintain pnJfeSsiOO@| |iabi|ih/, a claims-made policy, with 8 minimum of $1'000,000-00 per claim 'and aggregate. The policy shall COOt8iD a retroactive date prior to the date Of the contract or the first date of services to be perforOed. whichever is earlier. Coverage shall b8 maintained for a period of5 years following the completion of the CODt:@Ct. An @nnU2| certificate of iOsUcRDCe specifically referencing this project shall be submitted to the CITY for each year following completion Ofthe contract. /2\ GENERAL INSURANCE REQUIREMENTS 8. Certificates of insurance evidencing that the ENGINEER has obtained all required iDSU[8nC8 shall be attached to this AGREEMENT prior tO its execution. b. Applicable policies shall be endorsed to O2rOe the CITY an Additional |O8UF8d thereon, subject to any defense provided by the policy, as its interests may appear. The t8nD CITY Sh@|| iDC|Ud8 its employees, 0ffice[S. OffiCi@|8. agents, and VO|UDteenG as respects the contracted services. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17./7 Page rmn c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies "! documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 8 of 17 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 required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondent superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. 0. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 9 of 17 changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 10 of 17 an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 11 of 17 of any undertaking by the ENGINEER." (2) This AGREEMENT gives DO rights � - � and the ENGINEER and there are nO third-party beneficiaries. � (3) The CITY will iDC|Ud8 in each agreement it enters into with any Other entity Or pen8OD regarding the PROJECT 8 provision that such entity or person ' shall have DOthind-p@� �vb8n� ci2ryhghtSunder this AoF8eDleDt. (4) Nothing contained in this Section H. shall be construed 88 8 waiver of any right the CITY has t0 bring 8 claim against ENGINEER. R. CUlrY'mDnsuramce /1\ The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. /2\ The CITY may secure Builders Risk/installation insurance at the rep|GCSrneOt cost value of the PROJECT. The CITY may provide ENGINEER 8 copy Of the policy nr documentation Of such on8certificate of iOsU[@nQ8. /3\ The CITY will specify that the Builders RiSh/|nSto||@UoD insurance Sh8|| be comprehensive in coverage appropriate tU the PROJECT risks. J. Litigation Assistance The Scope Of Services does not include costs of the ENGINEER for required or requested aSSist3OC8 to support, pnBp@ne, d0CumOent, bring, defend, Or @SOiSt in litigation undertaken or defended by the CITY. In the event CITY requests such services Of the ENGINEER, this AGREEMENT Sh@U be amended Ora separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the g8Oe[G| Scope Of Services iO this AGREEMENT. |f such changes affect the ENG|NEER'Scost OfOr time required for performance Of the services, 8n equitable @diUStrneOt xvi|| berOGd8 through @O@D1eDdnleOttO this /\(�FlE[�&4ENTVVithappropriate CITY approval. City m Fort Worth,Texas Standard Agreementfor Engineering Related Design Services Revised Date:11.17./7 ,age 12mn Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. D. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (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; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 13 of 17 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11,17.17 Page 14 of 17 Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2270 of the City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 15 of 17 Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. 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. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A-Scope of Services Attachment B -Compensation Attachment C-Not Used 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 Z-)a`jq&Wkdpa CDM Smith, Inc. Dana Dana Burgh 24,202 1:27 CDT) Dana Burghdoff Assistant City Manager Stacy L. 'Barna' Date: J u n 25, 2020 Client Service Leader Date: L� /20 z±% APPROVAL RECOMMENDED: By:(iL- /,`— Christopher Harder, P.E. Director, Water Department City of Fort Worth,Texas i Standard Agreement for Engineering Related Design Services C f�/1 r; [s(•''( Revised Date:11.17.17 ®f FICU�5 ' IRS_' L-PI Page 16 of 17 eems® C 3 1A RY CITY 6 ��'1..U04.�U�6U Y FT. WORTH,TX i `i l i Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. artin A. Phil Ips, P.E. Engineering Manager I APPROVED AS TO FORM AND LEGALITY L4/i/•e4.f�e j By:DBI! (Jun24,202013:26CDT) J I Doug Black Sr. Assistant City Attorney ATTEST: `" Form 1295 No. 3�` Mary J. Kayser M&C No.: City Secretary < t+ �''� r j M&C Date: i i t I I i i i OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY i A �/ Standard Agreement for Engineering Related Design Services r,.WORTH, e Revised Date:11.17.17 Page 17 of 17 i i ATTACHMENT A DESIGN SERVICES FOR EAGLE MOUNTAIN WTP-CLEARWELL NO.3 REHABILITATION EVALUATION ATTACHMENT Scope for Engineering Services for Water and/or Sanitary Sewer Improvements ENGINEERING SERVICES FOR EAGLE MOUNTAIN WATER TREATMENT PLANT CLEARWELL NO. 3 REHABILITATION EVALUATION 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. WORK TO BE PERFORMED Task 1. Project Management Task 2. Preliminary Engineering Evaluation TASK 1. PROJECT MANAGEMENT. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change, ■ communicate effectively, ■ coordinate internally and externally as needed, and ■ proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team A. Lead, manage and direct design team activities B. Ensure quality control is practiced in performance of the work C. Communicate internally among team members D. Task and allocate team resources 1.2. Communications and Reporting A. Attend a project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure project execution that meets CITY requirements B. Conduct review meetings with the CITY as defined with submission of deliverables C. Prepare invoices and submit monthly in the format requested by the CITY City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 7 ATTACHMENT A DESIGN SERVICES FOR EAGLE MOUNTAIN WTP-CLEARWELL NO.3 REHABILITATION EVALUATION D. Prepare and submit monthly progress reports in the format provided by the Water Department. E. Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. F. Coordinate with other agencies and entities as necessary regarding the defined scope of work, and provide and obtain information needed to execute the project G. With respect to coordination with permitting authorities, ENGINEER shall, as needed, communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the services provided. ENGINEER shall work with regulatory authorities to meet their requirements, as applicable to the scope of work. H. Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • 4 monthly water department progress reports will be prepared • 4 monthly project schedule updates will be prepared DELIVERABLES A. Kickoff Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline project schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes TASK 2. PRELIMINARY ENGINEERING EVALUATION. The Preliminary Engineering Evaluation (Evaluation) shall be submitted to CITY per the approved Project Schedule. The purpose of the Evaluation is for the ENGINEER to ■ Investigate and evaluate the existing conditions of the Clearwell No. 3 (Clearwell) foundation, inclusive of the ground water management system, expanding upon initial findings of the ENGINEER's April 23, 2020 site visit memorandum "Clearwell No. 3—Structural Observation of the Concrete Floor". City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 7 ATTACHMENT A DESIGN SERVICES FOR EAGLE MOUNTAIN WTP-CLEARWELL NO,3 REHABILITATION EVALUATION ■ Coordinate and execute additional testing and investigative measures and implement observation plans to verify conditions of the Clearwell foundation system as applicable to the observed existing conditions; inclusive of the following: - Integrity of the supporting and surrounding subgrade, - Characterization of groundwater levels adjacent to Clearwell No. 3 for a period of up to 2 months. - Condition of the structure's current groundwater management system by inspection of underdrain piping and cleanouts via use of pipe cameras (to be provided/operated by CITY). - Integrity of the existing structural concrete foundations, ■ Identification of potential mitigative measures to address determined causes of the observed conditions. ■ Coordination with the original clearwell designer(Preload) regarding identified conditions and recommended alternative repairs. ■ Development of opinions of cost and schedule for completion of recommended repairs. ■ Provision of a technical memorandum describing the identified issues and recommendations. ENGINEER will execute the Evaluation as follows. 2.1 Data Collection A. Geophysical activities which would include the following: 1. Ground Penetrating Radar(GPR): a. This testing equipment would be utilized to determine the location of reinforcement in the concrete slab, for possible future coring, and detecting voids that may be present under the slab. Scanning will be centered on the outlet pipe and also extending an equivalent distance radially each direction for a quarter of the Clearwell circumference in total. b. Site visits by the ENGINEER are assumed to observe and direct the data collection efforts. One (1) site visit, four(4) hours per visit is assumed, exclusive of travel. C. ENGINEER will prepare a site visit memorandum following each visit to summarize the executed activities and preliminary observations. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 3 of 7 ATTACHMENT A DESIGN SERVICES FOR EAGLE MOUNTAIN WTP—CLEARWELL NO.3 REHABILITATION EVALUATION 2. Impact Echo (IE) Scan a. This testing equipment would be utilized to determine the location and extent of cracks in the concrete slab for an area equivalent to the GPR testing. b. Site visits by the ENGINEER are assumed to observe and direct the data collection efforts. One (1) site visit, six (6) hours per visit is assumed, exclusive of travel. C. ENGINEER will prepare a site visit memorandum following each visit to summarize the executed activities and preliminary observations. B. Localized Topography Survey: 1. The survey would be utilized to determine the potential changes that may have occurred in the elevation of the interior concrete slab. Survey results will be compared to the Record Drawings and for possible variations in the current slab. 2. Site visits by the ENGINEER are assumed to observe and direct the localized topographic survey data collection efforts. One (1) site visit is anticipated with the surveyor with four (4) hours per visit assumed, exclusive of travel. 3. ENGINEER will prepare a site visit memorandum following each visit to summarize the executed activities and preliminary observations. C. Groundwater Observations 1. Site visits by the ENGINEER are assumed to: 2. Direct the installation of up to three (3) groundwater piezometers to depths of up to 20 feet below the slab around the perimeter of the structure and measure and record the water levels in the piezometers. The piezometers will be flush-mounted to the existing grade with a protective box constructed. The piezometers are proposed to remain in-place and not be removed. 3. Observe, measure and record relevant aspects of the groundwater level management system of the structure by observing the condition of the underdrain cleanouts and piping. This work is anticipated to be performed via pipe camera inspections of the underdrain system and cleanouts, 4. The piezometers are assumed to be installed during one (1) site visit, assumed to be up to eight (8) hours. Up to four(4) additional site visits are assumed for piezometer monitoring, at two (2) hours per visit. One (1) separate site visit up to four(4) hours is anticipated to document the underdrain condition in coordination with the City. Site visits are exclusive of travel. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 4 of 7 ATTACHMENTA DESIGN SERVICES FOR EAGLE MOUNTAIN WTP-CLEARWELL NO.3 REHABILITATION EVALUATION 5. ENGINEER will prepare a site visit memorandum following each visit to summarize the executed activities and preliminary observations. D. Geotechnical 1. Review existing geotechnical information available for the site. It is assumed geotechnical reports, including soil test borings in the vicinity of the structure, can be made available. E. Destructive Testing 1. Spalled concrete around the outlet pipe will be selectively demolished by the CITY as stated in the Assumptions below. The ENGINEER will sample the demolished material for petrographic analysis to determine potential issues with the quality and durability of the concrete in the slab. 2.2 Technical Memorandum (TM) A. The technical memorandum (TM) shall include the following: 1. Summary of observations and findings from the Task 2.1 Data Collection activities. 2. Presentation and interpretation of testing data. 3. Development of potential mitigative measures. 4. Discussion of operational and maintenance activities for the ground water management system. 5. Graphic exhibits and written summary of the recommended repair concepts and the associated rationale. 6. Opinion of probable construction cost for repair concepts. 7. Development of implementation/remediation schedule. 2.3 Meetings A. Exclusive of the kick-off meeting, as a separate meeting with the appropriate plant staff, based on findings from Task 2.1, a discussion of the operational and maintenance procedures associated with the Clearwell groundwater management system is recommended. ASSUMPTIONS • Existing drawings, specifications and other construction documentation (e.g. geotechnical reports, soil boring logs, inspector daily reports, subgrade compaction reports, etc.) will be made available to the ENGINEER upon request, if the ENGINEER does not have in their own records. • CITY will provide necessary locating services— marking, pot-holing, etc—for on- site, facility subsurface utilities. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 5 of 7 ATTACHMENTA DESIGN SERVICES FOR EAGLE MOUNTAIN WTP—CLEARWELL NO.3 REHABILITATION EVALUATION • CITY will provide site access to the perimeter of the Clearwell for a truck- mounted drill rig for piezometer installation, as well as for staff to perform follow- up site visits to read the piezometers. • CITY staff necessary for assistance to execute site visits, conduct project meetings and allow for data gathering will be made available. • Safe access to the interior of the clearwell will be provided to ENGINEER and ENGINEER's Subcontractors. CITY will provide necessary safety harnesses associated with installed Clearwell fall-protection systems for up to three (3) ENGINEER team staff. • CITY will provide equipment and operation of pipe cameras to inspect Clearwell underdrain system and cleanouts. • CITY will provide necessary utilities around and within the Clearwell for ENGINEER access including, but no limited to lighting, ventilation and temporary electrical and plant process water as required for execution of the Project scope. • CITY will perform dewatering of the Clearwell interior and outlet pipe to remove water entering these areas for data collection purposes per Task 2.1. • CITY will perform selective demolition of the spalled section of foundation concrete that has separated from the existing floor slab to permit Data Collection testing. Demolished material will be preserved for sampling and concrete testing by the ENGINEER. DELIVERABLES A. Preliminary Evaluation TM— Draft: One (1) electronic PDF of the technical memorandum will be delivered. B. Draft TM Review Meeting Summary: Prepare meeting notes and submit electronic PDF. C. Preliminary Evaluation TM— Final: Five (5) paper copies and one (1) electronic PDF of the technical memorandum will be delivered. Report shall be letter sized and comb-bound with a clear plastic cover. Drawings will be 11x17 size fold outs bound in the report City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 6 of 7 ATTACHMENT DESIGN SERVICES FOR EAGLE MOUNTAIN WTP—CLEARWELL NO.3 REHABILITATION EVALUATION ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope 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 CITY'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: • Performance of site observations, materials testing or specialty testing services beyond those stated in the proposed scope. • Design Phase Engineering Services. • Construction Phase Engineering Services. • Services related to Subsurface Utility Engineering Levels A, B, C or D • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. End of Attachment A City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 7 of 7 ATTACHMENT COMPENSATION Engineering Services for ' Eagle Mountain Water Treatment Plant C|eamwe|| No. 3 Rehabilitation Evaluation Time and Materials with Rate Schedule Project |. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing aen/iuea enumerated in Attachment as follows: i Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor CategorV Rate for the ENG|NEER'a team member performing the work. Labor CategorV Rate as presented in the rate schedule table below iathe rate for each labor category performing the work and includes all direct sa|orieo, overhead, and profit. Labor Category 2020 Rate Officer/Principal $280.00 Senior Technical Specialist/Quality Control $255.00 Project Manager $235.00 Senior Engineer(Level 718) $235.00 Project Engineer (Level 5/6) $185.00 Engineer(Level 3/4) $155.00 Graduate Engineer (Level 1/2) $145.00 Senior Administration $130.00 Contract Administration $125.00 Clerical/Administration $100.00 ii Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice orinternal office cost. Direct Expenses (non-labor) ino|ude, but are not limited to, nmi|eaga, travel and lodging enpenoea, nnai|, supp|ieo, printing and reproduction sen/ioea, other direct expenses associated with delivery of the work; plus applicable oa|eo, use, value oddad, business tronofar, gross nauaipte, or other similar tomae- iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed nt cost to ENGINEER plus a markup of ten percent(1O96). City of Fort Worth,Texas Atmcomanto pMomno/o/Release Date:o.o9.uo1c Page 1m^ B-1 ATTACHMENT B COMPENSATION iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so 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, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid 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 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:8.092012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount Prime Consultant CDM Smith Inc. Engineering evaluation of Clearwell $45,530.00 54.4% foundation Proposed MBE/SBE Sub-Consultants JQ Infrastructure, LLC Survey and Laser scanning $12,500.00 14.9% Non-MBE/SBE Consultants Gehrig Ground penetrating radar and impact echo $19,500.00 23.3% testing Texplor Piezometer Installation $6,200.00 7.4% TOTAL $83,730 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE FWWD- Eagle Mountain WTP $83,730 $12,500 14.9% Clearwell No. 3 Rehab Evaluation City MBE/SBE Goal = 14% Consultant Committed Goal = 14.9% 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 ) Refer to attached documentation EXHIBIT- "B-1", Pages 1-4 City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 4 of 4 B-4 m l- o o O Cl o 0 0 o 0 0 0 0 0 0 o c ry 10 ni N 2 O O E m o 0 0� W e > v r m aw .'^ t4 J E a0i to 'o CD 0 0 0 0 0 0 0 0 co 41 O T U O .O. ain O o E Q u w U U M ci pmj O F W 14�^ N n L � O j J N Y U) O` m O O O O O O O O O d T N O � $ c C. ul E a � p O a5 N N ~ N L N 0 .Q() ah A a tt:F J � r aS m c-I I� r-I rl � ci lD cf F U O O O] N a Q O C N E = d iNTOJ 0 i3N (a3ON 'QVQm miG mm \\N0m0 \0m0 N \\CDNm \NNGl \ONW \NWOONNCT \NNOONNW \ONmO \OONti \ONOti \\ONMO \\ONN \\OX a) Z 0 N N NNN N N N N N N WLL N y y Oo Or 0 0 0 0 0 0 0 0 0 0 0 0 . 0 0 O m m O O d a 0N O CD NN O o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N O O O N O O O O O O O O NO NO O O O \\\ ON 0 0 \ C ^ ^ \ \ � C L w O E a) _O \ al tl0 T N1 Z c o O a) O_ OC C a Q G m a3i Z O d u o -a u m c U Ee m m v Y 2a.F C o m a ° aa) v v `� aQQ a c L U U O l7 — to C7 (D 0 r 0 0 0 - G G O O N t0 y. m N N m m N T ]m M M N m ]m m N m n ° O n N o w w � W t] t} l0 N W U U n d as T p C1 y � f0 3 ~ E R W rl N rl N m V lf) l0 c-I N M <+ NU V a Z Z c a 'C cy rl ti N .-I ti .--I c-1 ci rl N N N N N m m • C al G G • 2 W f6 (6 fO (0 f0 a1 (a a] (0 (0 l6 CI a U n. d U a d d �- O o 0 0, d � o 0 �. 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Z is C I _ O W t i 70 C O — M 4) O C d N d Q n C OF A ca — E o O .� � Y o C d ^' N M °? tf N N z O I ` � � O l' w N o; o ~ h h O 4) y !N w B O i� U to a f ` f p t y - x— s , .« f � - •�o��2rcie�gle��r�k.�Dr �Q) ttf`'C- ��Crorrlvrel�l=P:9arrr� 2020 Go8gle FORE i1 REQUEST FOR M/SBE CONTRACT GOAL Check type of contract: 0 Construction CMAR Construction Management 0 Design/Build Professional ❑ C/S/P 0 Other, please explain DEPT. Name: Water Department First Advertise Date: N/A Date Submitted OBD: 6/8/2020 IS THIS CONTRACT ASSOCIATED WITH TRV?Yes❑No❑✓ OR WITH SH-121 TR Yes❑ No❑✓ Dollar value of TRV contract portion$ SH-121 TR contract portion$ IS THIS A FEDERALLY FUNDED CONTRACT? Yes❑ No[Z] IS THIS A CIP CONTRACT? Yes[:]No[Z] IS THIS A BOND FUNDED CONTRACT? Yes❑ No[Z] If yes,what year Construction: IS THIS A LUMP SUM CONTRACT? Yes❑ No[Z] BID DATE Professional: IS THIS A FIXED FEE NOT-TO-EXCEED CONTRACT?Yes❑No❑ IS THIS A HOURLY NOT-TO-EXCEED CONTRACT? Yes 0 No❑ IS THIS A COMBINED PROJECT? Yes❑ No IS THIS A REVISION? Yes❑ No0 If yes, enter the revision number IS THIS A CHANGE ORDER?Yes❑ No 0 Enter# [:�] Contractor: IS THIS AN AMENDMENT?Yes❑ NoEDEnter# �Design Firm: If this is not the initial change order/amendment,submit copies of all previous change order/amendments regardless of whether a M&C was required for funding. CONTRACT NAME (Description Including Street Names): Eagle Mountain Water Treatment Plant Clearwell No. 3 Rehabilitation Evaluation Check applicable boxes: ❑ Concrete Paving ❑Asphalt Paving ❑ Drainage ❑ Water ❑Sewer ❑✓ Other Alternates Capital Project#N/A Other Project# N/A TOTAL CONTRACT ESTIMATE: $ 83,730 (Please ATTACH individual sub-totals for contracts with multiple units/sections including contingency. If the documentation is not clear and concise, it will be returned to the department.) signe byMartin A. Phillips Martin A. Phillips Datle:tally 2020.06tl08075449-5h00' EXT. 8293 Project Manager(PRINTED) Project Manager(SIGNATURE) DATE: 6/8/2020 Name of Design Firm CDM Smith, Inc. Check here to acknowledge that if pay item quantities are added to the proposal section after an M/SBE goal has been ❑ provided by the Office of Business Diversity, the revised proposal must be submitted to the Office of Business Diversity for review. A compliance review will not be performed if additional pay items or quantities, which will potentially impact the MIS/DBE goal, are added to the proposal section after the issuance of a M/SBE goal. THIS PORTION TO BE COMPLETED BY OFFICE OF BUSINESS DIVERSITY M/SBE PROJECT GOAL: Prof.SBE Goal Const. MBE Goal Const.SBE Goal 14 % % % Comments: DigOBD Specialist: Patty Wilson Datle:2020 06 0tally signed 9 14 54:07 Patty 110500' 201-7257 6/9/2020 p EXT: DATE: Office of Business Diversity Rev. 04-03-2019 Email: mwbeoffice cr.fortworthtexas.gov POLICY NUMBER: TB7611 B8T8Z6040 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OWNERS,ADDITIONAL INSURED - LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or equipment include as an additional insured the person(s) or furnished in connection with such work, on the organization(s) shown in the Schedule, but only project (other than service, maintenance or with respect to liability for "bodily injury", "property repairs) to be performed by or on behalf of the damage" or "personal and advertising injury" additional insured(s) at the location of the caused, in whole or in part, by: covered operations has been completed; or 1. Your acts or omissions; or 2. That portion of "your work" out of which the 2. The acts or omissions of those acting on your injury or damage arises has been put to its behalf; intended use by any person or organization in the performance of your ongoing operations for other than another contractor or subcontractor the additional insured(s) at the location(s) engaged in performing operations for a principal designated above. as a part of the same project. However: C. With respect to the insurance afforded to these additional insureds, the following is added to 1. The insurance afforded to such additional Section III—Limits Of Insurance: insured only applies to the extent permitted by If coverage provided to the additional insured is law; and required by a contract or agreement, the most we 2. If coverage provided to the additional insured is will pay on behalf of the additional insured is the required by a contract or agreement, the amount of insurance: insurance afforded to such additional insured 1. Required by the contract or agreement; or will not be broader than that which you are required by the contract or agreement to provide 2. Available under the applicable Limits of for such additional insured. Insurance shown in the Declarations; B. With respect to the insurance afforded to these whichever is less. additional insureds, the following additional This endorsement shall not increase the applicable exclusions apply: Limits of Insurance shown in the Declarations. This insurance does not apply to "bodily injury" or "property damage"occurring after: CG 20 10 04 13 ©ISO Properties, Inc., 2012 Page 1 of 2 ❑ SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Any Person or Organization to whom you become Per the contract or agreement obligated to include as an Additional Insured as a result of any contract or agreement you enter into. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 2 of 2 \ | PoUcyNumber TB7'611-B8T8Z5-040 Issued by Liberty insurance Corp. i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ |T CAREFULLY, OTHER INSURANCE AMENDMENT—SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS Lk\B|LOY COVERAGE PART LIQUOR LiAB|LITY COVERAGE PART If you are obligated under awritten agreement to provide liability insurance on a primary, exzeys, contingent, or any other basis for any person(s) ororganizodon(s) shown in the Schedule of this endorsement that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section !V—Conditions will not apply. Where the applicable written agreement dues not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section |V— Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same"occurrence", claim or"suit' Schedule Name ofPerson(s)orOrganizat|on(s): Any person(s) or organization(s) to whom you are obligated by a written agreement to procure Additional Insured coverage under your policy. LCZ42Q1118 (92O18Liberty Mutual Insurance Page 1 of 1 Includes copyrighted material of Insurance SerAces Office,Inc.,with its permission. POLICY NUMBER: TB7611 B8T8Z6040 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ Policy Number 'TB7-611-B8T 8Z6-0 0 Issued by LIBERTY Y INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organ ization s : A Schedule of each person or 30 Organization provided to us by the First Named Insured within 15 days of written cancellation notice received by the First Named Insured for any reason other than nonpayment of premium As Required by Written Contract A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 ©2011 Liberty Mutual Group of Companies.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: AS2-611-B8T8Z6-060 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE E IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s)Or Organization(s): Blanket-Any person or organization whom you have agreed in writing to add as an Additional Insured but only to coverage and minimum limits of insurance required by the written agreement,and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 MM99500411 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL NSIJ E - MASSACHUSETTS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Changes in Liability Coverage; Who Is An Insured is changed to include the person or organization named in this endorsement, but only for"bodily injury" or"property damage"resulting from the acts or omissions of: 1. You, while using a covered "auto." 2. Any other person, while using a covered"auto"with your permission. Additional insured: Blanket-Any person or organization whom you have agreed in writing to add as an Additional Insured but only to coverage and minimum limits of insurance required by the written agreement,and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. MM 99 50 04 11 Copyright,Automobile Insurers Bureau, 1998 POLICY NUMBER: AS2-611-B8T8Z6-060 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s)Of Person(s) Or Organization(s): Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us,but only if the contract is executed prior to the injury or damagae occuring. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number AS2-611-B8T8Z6-060 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organ ization s : Blanket-as required by 30 written contract A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 ©2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. WAIVER OF OUR RIGHT TO RECOVERFROM OTHERSENDORSEMENT 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 Where required by contract or written agreement prior to loss and allowed by law Issued by: LM Insurance Corp. For attachment to Policy No WA5-61 D-B8T8Z6-010 Effective Date 1/1/2020 Premium $ 0 Issued to: CDM Smith Inc. WC 00 03 13 © 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed.4/1/1984 WAIVER OF OUR RIGHT TO RECOVERR TH RS 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 Where required by contract or written agreement prior to loss and allowed by law Issued by: Liberty Insurance Corp. For attachment to Policy No WA7-61D-B8T8Z6-030 Effective Date 1/1/2020 Premium $ 0 Issued to: CDM Smith Inc. WC 00 03 13 ©1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed.4/1/1984 WAIVER RIGHT TO RECOVEROTHERS 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 Where required by contract or written agreement prior to loss and allowed by law Issued by: LM Insurance Corp. For attachment to Policy No WC5-61 1-B8T8Z6-020 Effective Date 1/1/2020 Premium $ 0 Issued to: CDM Smith Inc. WC 00 03 13 © 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 4/1/1984 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organ ization(s): Per Schedule on file with Broker Per Schedule on file with Broker 30 All other terms and conditions of this policy remain unchanged. Issued by LM Insurance Corporation For attachment to Policy No. WA5-61 D-138T8Z6-010 Effective Date: 1/1/2020 Premium$ Issued to CDM Smith Inc. WM 90 18 06 11 ©2011 Liberty Mutual Group of Companies Page 1 of 1 Ed. 06/01/2011 All Rights Reserved