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HomeMy WebLinkAboutContract 41148STY SECRETARY CITY OF FORT WORTH, TEXAS CONTRACT volo.iatt7rin oc,a7, STANDARD AGREEMENT FOR ENGINE RING RELATED DESIGN SERVICES This AGRA= MENT is between the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and Carollo Engineers, Inc.., (the "ENGINEER"), for a PROJECT generally described as: North and South Holly WTP's Conversion from Gaseous Chlorine and Ammonia. Article i Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER'S compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEFR will be made as follows: Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 1 of 15 If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until OFFICIAL RECORD CITY SECRETARY l®WORTH, T' 1 1 -23-1 0 A 03 : 0 t paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of .probable costs .based on the current available information at the time of preparation, in accordance with Attachment A. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 3 of 15 (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that 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 and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, as amended, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts Engineer acknowledges the M/WBE goal established for this contract and its accepted written commitment to M/WBE participation. Any misrepresentation of facts (other than a negligent City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 4of15 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 Tess than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella if any This insurance shall apply as primary insurance with respect to any other City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 5 of 15 insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident Such insurance shall cover liability arising out of `any auto', including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is acceptable. i ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9,22.2010 Page 6 of 15 (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance 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. 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 7 of 15 state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be 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. 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. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications as required, at its own cost and expense. However, if design changes are required due to the City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 8 of 15 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 9 of 15 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 contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER " (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22,2010 Page 10 of 15 (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. 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. B Reuse of Project Documents All designs, drawings specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 11 of 15 service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER s performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' wntten notice This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product, b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; 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. 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 ENGINEERs personnel and subcontractors, and ENGINEER's compensation will be made. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 12 of 15 F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V F. VI B , VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9,22,2010 Page 13 of 15 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22,2010 Page 14 of 15 Article VII ttachnmonts9 Schadules9 and Signatures This AGRFFMEN T , including its attachments and schedules, constitutes the entire AGRI-tMEN T , suporsedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this ACREHMENT: Attachment A a Scope of Services Attachment B Compensation Attachment C Amendments to Standard Agreement for Engineering Services Attachment D Project Schedule Attachment F a Location Map Executed this the a3a4day of Un)rnstaktaikarLdi 2010. ATTEST: party Hendrix ity Secretary It to Bic: 4 toen o 0 ° Ft ou pi me r og 0 -Te % % 97113. °4 OA APPR® RECOMMENDED teliXFJ 4 � ` O *%t CITY OF FORT WORTH >&4-4••••411 Fernando Costa Assistant City Manager 4ha� 71.0000i�p,;"' Keit_ S. Frank Crumb, P.F., Direct .0.,E Water Department ROVFD AS TO FORM I.9A L I fr rt "Pir err its r,.. f J -Arny amsey b,. - j%s cfc Assistant City Attorney ATT IzST: City of Fort Worth, Texas Standard Agreement for Engineering Related to Design Sercvices PMO Original Release Date: 9.22.2010 Page 15 of 15 Contract Author. j zatio I t1 L, Date CAI OLIO I :NGINFERS, INC. GlerMiddleton Partner OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT A CAROLLO ENGINEERS SCOPE OF WORK NORTH AND SOUTH HOLLY WTP's CONVERSION FROM GASEOUS CHLORINE AND AMMONIA DESIGNATION OF CITY Throughout the Scope of Services, the term CITY shall be used to indicate representatives from the CITY of Fort Worth. DESIGNATION OF ENGINEER Throughout the Scope of Services, the term ENGINEER shall be used to indicate representatives from Carollo Engineers. ENGINEER'S SCOPE OF WORK The level of effort described within the 100 and 300 series of tasks below describe the base level of services for this project. The 400 series of tasks are optional tasks that will only be performed upon authorization by the CITY. There may be other design services that are identified during the course of design. The following lists the base Scope of Services items. The CITY recently made the decision to convert their gaseous chlorine and anhydrous ammonia facilities to liquid sodium hypochlorite solution and liquid ammonium sulfate solutions, respectively. In this scope of work, liquid sodium hypochlorite will be referred to as `hypochlorite' and liquid ammonium sulfate will be referred to as 'LAS'. ASSUMPTIONS The below scope of work is based upon the list of assumptions, drawing list, fee proposal, and schedule included as Exhibits A-1, A-2, B-1 and D-1, respectively, to this Agreement and S cope of Work. P reliminary & Final Design Phase Services Task 101 — Project Management: 1. Project Plan• ENGINEER will prepare a project plan, including quality management plan, staffing plan, project delivery plan project schedule, CAD standards, deliverables, and delivery plan. Identify information needed to complete the work and establish the contact information and procedures for the project. 2. Project Coordination ENGINEER will conduct internal staff coordination, budget and schedule control, and coordination of various task activities being conducted simultaneously. Manage and coordinate the work efforts of the subconsultants. N ovember 8, 2010 Page 1 of 6 3. Monthly Status Report and Invoice Preparation* ENGINEER will prepare a Monthly Project Summary Report and monthly invoice. The report will summarize the project progress to date, work anticipated for the upcoming month, outstanding project issues, issues impacting project scope, issues impacting project schedule issues impacting project cost (design and construction), and pertinent decisions and changes. Invoices will be prepared in approved CITY format ENGINEER will prepare and submit monthly M/WBE Report Forms. Task 102 — Meetings• ENGINEER will attend the following meetings as part of this project. Draft Tech Memo Review Meetings ENGINEER will attend one (1) meeting to obtain CITY's review comments on the Draft predesign Tech Memo. CITY comments will be limited to interpretation of the conclusions developed from the Design Camp. CITY comments will not include new concepts, issues or evaluations ENGINEER will prepare handouts, meeting agendas and meeting minutes. 2. 60 Percent Submittal Review Meetings ENGINEER will attend one (1) meeting with CITY to discuss the CITY's review comments on the 60 percent submittal. Review meeting will occur within one (1) week of submittal of documents to the CITY. CITY comments and decisions related to the 60 percent submittal will be provided prior to or during the 60 percent review meeting. No additional comments will be provided by the CITY after the 60 percent submittal review meeting ENGINEER will prepare handouts, meeting agendas and meeting minutes. 3. 90 Percent Submittal Review Meetings ENGINEER will attend one (1) meeting with CITY to discuss the CITY's review comments on the 90 percent submittal. Review meeting will occur within one (1) week of submittal of documents to the CITY. CITY comments and decisions related to the 90 percent submittal will be provided prior to or during the 90 percent review meeting. No additional comments will be provided by the CITY after the 90 percent submittal review meeting ENGINEER will prepare handouts, meeting agendas and meeting minutes. Task 103 — Design Camps ENGINEER will attend three (3) days of intensive Design Camp with the CITY to establish the preliminary design for the project Each Design Camp meeting will be approximately seven (7) hours in duration and two (2) of the meetings will be held on consecutive days. The third meeting will be held within one (1) week of the second meeting. The goal of the Design Camp meetings will be to review all aspects of the project, evaluate various alternatives, establish design criteria, and make decisions to establish a firm basis of design for the project. Following the Design Camp meetings, the project will be at approximately the 30 percent design point. The Design Camp meetings will serve as the basis for preliminary design. Additional evaluations outside of the Design Camp are not included in the ENGINEER's scope. No changes to the decisions or design criteria established in the Design Camp meetings will be made ENGINEER will prepare handouts, meeting agendas and meeting minutes. November 8, 2010 Page 2 of 6 Task 104 — Cost Estimates ENGINEER will prepare and submit a preliminary opinion of probable costs with the Preliminary Design Technical Memorandum and with the 90% design submittal. Cost estimate will be prepared in the ENGINEER'S standard cost estimating format. Task 105 — Surveying & Testing: 1. Surveying ENGINEER will procure the services of a surveyor to locate and establish elevations of the existing North Holly Chlorine and Ammonia storage area. The extent of the survey will be limited to that needed for design of the new hypochiorite and LAS facilities. 2. Structural and Geotechnical Testing ENGINEER will procure services to perform structural integrity testing of the existing concrete basins to be used for hypochiorite storage. ENGINEER will also procure geotechnical services to verify subsurface conditions under existing concrete basins to be utilized for hypochiorite storage. Task 106 — Preliminary Design Technical Memorandum (TM): The findings, decisions and basis of design developed during the Design Camp will be summarized in a TM. The TM will utilize figures and tables as the primary means to summarize the findings. Text write-ups, along with background and introductory type information will be kept to a minimum ENGINEER will make and distribute twenty copies of the draft TM for distribution prior to the review meeting. The TM will be finalized upon receipt of comments from the CITY at the review meeting. Ten hardcopies and an electronic file (pdf) of the final TM will be submitted to the CITY. Task 107 — Detailed Design Drawings* ENGINEER will prepare drawings for the project elements as developed from the Design Camp and summarized in the Preliminary Design TM, and based upon the preliminary sheet list included as Exhibit C to this scope. The deliverables will be: 60 Percent Completion: The drawings for the proposed modifications will be completed to the 60 percent level under this task. Ten (10) sets of hardcopy documents along with an electronic copy (pdf) of the drawings and specifications developed by the ENGINEER will be submitted to the CITY in 11x17 format. 2. 90 Percent Completion: The drawings for the proposed modifications will be completed to the 90 percent level under this task. Comments received at the 60 percent submittal review meeting, as well as the ENGINEER's 60 percent submittal QA/QC comments will be incorporated into the 90 percent submittal. Ten (10) sets of hardcopy documents, along with an electronic copy (pdf) of the drawings and specifications developed by the ENGINEER will be submitted to CITY in 11x17 format. 3. Final Completion The drawings and specifications for the proposed modifications will be finalized based on the comments received from the CITY and ENGINEER's QA/QC efforts. One signed hardcopy of the drawings and specifications developed by the November 8, 2010 Page 3 of 6 ENGINEER will be submitted to CITY. Drawings will be in 11x17 format, on bond paper. Electronic Autocad drawing files and MS Word specification files will be submitted to the CITY. Task 108 — Specifications* ENGINEER will prepare and submit specialized specification sections for the 60% submittal. These specialized sections will include sections for the storage tanks, tank liners (if utilized), metering devices, and any pumps ENGINEER will prepare and submit a complete set of draft specifications for the 90% submittal ENGINEER will finalize the specifications based on the comments from the CITY and internal review ENGINEER will utilize specifications in ENGINEER's standard format for these sections. Task 109 — Control Descriptions• ENGINEER will develop control descriptions for the hypochlorite and LAS systems for both the North Holly WTP and South Holly WTP. The control descriptions will be based on feedforward control with plant flow rate and feedback control with chlorine residual, as applicable. Task 110 — SCADA System Programming Coordination• ENGINEER will prepare documents for transmittal to SCADA Programmer for obtaining a quote to include in the Contract Documents. Task 111 — Construction Sequencing: The ENGINEER will develop a construction sequence for the Contractor in order to maintain plant operations and to coordinate with other Holly WTP construction activities. Task 112 — TCEQ Regulatory and Building Permit Assistance: The ENGINEER will interface as required with TCEQ to obtain approval for the new chlorine and ammonia facilities. The ENGINEER will assist CITY staff with the building permit process. Task 113 - Bidding Assistance and Evaluation: 1. Distribution of Contract Documents* ENGINEER will reproduce and distribute contract documents to prospective bidders and vendors and maintain a log of distribution. It will be assumed that ENGINEER can recover the cost of printing the contract documents through the sale price to the prospective bidders and vendors. The CITY will reimburse the ENGINEER for printing costs that cannot be recovered from the sale of contract documents. 2. Pre -bid Conference• ENGINEER will conduct the pre -bid conference and a tour of the site after the conference ENGINEER will prepare an agenda, sign -in sheet and meeting notes from the pre -bid conference. 3. Respond to Bidder Questions and Prepare Addenda: The ENGINEER will respond to bid period questions and prepare addenda as required. November 8, 2010 Page 4 of 6 4. Bid Opening, Review and Award Recommendation: The ENGINEER will attend the bid opening, will evaluate the bids received by the CITY and make a written recommendation for award. Task 114 — Quality Management: The draft Preliminary Design TM, along with the 60 and 90 percent drawings and specifications prepared by the ENGINEER will be submitted to the ENGINEER's QA/QC team for review. This review will include review of design criteria, coordination between disciplines, and coordination between drawings and specifications. A formal constructability review will not be performed as part of the ENGINEER's QA/QC efforts Construction Phase Services Task 301 — Project Management: 1. Project Coordination* ENGINEER will conduct internal staff coordination, budget and schedule control, and coordination of various task activities being conducted simultaneously. Manage and coordinate the work efforts of the subconsultant. 2. Monthly Status Report and Invoice Preparations ENGINEER will prepare a Monthly Project Summary Report and monthly invoice. The report will summarize the project progress to date, work anticipated for the upcoming month, outstanding project issues, issues impacting project scope, issues impacting project schedule, issues impacting project cost, and pertinent decisions and changes. Invoices will be prepared in approved CITY format. ENGINEER will prepare and submit monthly M/WBE Report Forms. Task 302 — Meetings: ENGINEER will attend one (1) preconstruction meeting and up to nine (9) monthly construction meetings at the Holly plant site ENGINEER will also attend up to three (3) additional project coordination meetings / site visits with the CITY, construction manager or contractor. Task 303 — Submittal Review* ENGINEER will review the technical submittals for the mechanical, electrical, instrumentation and lining equipment ENGINEER will review a total of 40 submittals which includes an original submittal plus one (1) resubmittal for each of the 40 assumed submittals. Submittals in excess of that stated above or those requiring more than one (1) re -submittal will be considered an additional service and may require additional budget. ENGINEER will maintain a log of all submittals. ENGINEER will review the submittals for conformance with the specification requirements and design intent. Submittals will generally be reviewed and returned within 12 working days. Certain electrical or other complex submittals may require longer periods of review. Task 304 — Contractor Requests for Information (RFIs) Responses ENGINEER will review up to 20 requests for information (RFIs) from the contractor. RFIs in excess of that stated above will be considered an additional service and may require additional budget ENGINEER will maintain a log of all RFIs ENGINEER will research the question, prepare a response and November 8, 2010 Page 5 of 6 coordinate with CITY construction management personnel as required. RFIs will generally be reviewed and returned by ENGINEER within three working days. Task 305 - Change Order Support ENGINEER will prepare change order documentation for CITY initiated change orders to the contractor. As directed by the CITY, this work may include reviewing or preparing change orders, reviewing or preparing opinion of probable cost for change orders, and reviewing or preparing hand -drawn sketches or CAD drawings for change orders. ENGINEER will spend up to 50 hours on this task. Task 306 - Start-up Assistance / Training: After commissioning is complete by the contractor, and as requested by the CITY, the ENGINEER will assist CITY staff in system startup including the functional demonstration test for up to 40 hours for the chemical storage and metering equipment ENGINEER will also provide up to 8 hours of classroom and field training to CITY staff for the hypochlorite and LAS facilities Task 307 — Final Inspections ENGINEER will attend one (1) site visit to participate with the CITY and construction manager on the final inspection of the contractor's work ENGINEER will prepare a list of noted deficiencies and transmit to the construction manager. Task 308 — Record Drawings: Based on redlines provided by the Contractor and reviewed by the construction manager the ENGINEER will prepare record drawings of the project improvements for review by the CITY ENGINEER will provide 10 copies of haft -size record drawings to the CITY. Optional Services Task 401 — Design of Replacement Piping for Hypochlorite and LAS Distribution System Piping: If the existing gaseous chlorine, chlorine solution and/or anhydrous ammonia piping from the storage areas to the application points is not suitable for conveyance of hypochlorite or LAS solution, Optional Task 402 will be authorized to design replacement piping as required. This task will be negotiated once the extent of any replacement piping is determined. November 8, 2010 Page 6 of 6 EXHIBIT A-1 City of Fort Worth North and South Holly WTP's Conversion from Gaseous Chlorine and Ammonia List of Assumptions 1. Hypochlorite and LAS storage and feed systems will be designed assuming a design capacity of 90 mgd for the North Holly plant and 120 mgd for South Holly plant The hypochlorite and LAS storage and feed systems will be designed for chlorine and ammonia dosages consistent with existing doses at North and South Holly 2. The bulk storage and metering facilities for hypochlorite and LAS facilities for both plants will be located in the vicinity of the existing North Holly gaseous chlorine and anhydrous ammonia facilities. Piping will run from this area to the application points for each plant. An evaluation will be performed in the Design Camp to determine the suitability of the existing gaseous chlorine, chlorine solution and anhydrous ammonia piping for conveyance of hypochlorite and LAS. If not suitable, an Optional Task 401 will be authorized for the design of replacement piping for the gaseous chlorine, chlorine solution and anhydrous ammonia piping. 3. There will be two bulk storage tanks each for hypochlorite and LAS. The hypochlorite bulk storage tanks will be constructed by lining the existing basins in the area of the gaseous chlorine facilities. The LAS bulk storage tanks will be above -ground fiberglass tanks. Each tank will hold at least 50% of TCEQ required capacity. A transfer pump will be provided for the hypochlorite system to convey solution from tank to tank. 4. No new enclosed, indoor areas will be created in this project and no structural modifications will be made to the elevated slab over the basins. The metering devices will be housed in an area that is protected from the weather and may be considered a building. No HVAC equipment will be provided other than ventilation fans. 5. The hypochlorite and LAS piping to be run between the North Holly bulk hypochlorite and LAS storage area and South Holly Chlorine Building will be installed under a change order to the Ozone Project contractor. Carollo will prepare drawings consistent with change order work for this piping run. 6. Delivery of the hypochlorite and LAS will utilize the existing delivery points for the gaseous chlorine and anhydrous ammonia, with minor improvements. City staff will provide routing of chemical piping from bulk storage/feed are to chemical application points No site work will be designed to accommodate the new delivery points. No unloading pad to contain the contents of a full tanker truck will be provided for either chemical. 7. Carollo will prepare demolition drawings for the gaseous chlorine bulk storage chlorine scrubber, and anhydrous ammonia bulk storage equipment at each plant. The City will provide the demolition of the equipment in the Chlorine and Ammonia Buildings at each plant and Carollo will not provide demolition drawings for these buildings. 8. The electrical power supply for the hypochlorite and LAS facilities in the North Plant will originate from the Chlorine -Ammonia Building. 9. Carollo will prepare P&IDs, control architecture diagrams, and control descriptions for the hypochlorite and LAS storage and metering facilities Carollo will locate, specify and route conduit and wire to existing SCADA equipment in the Chlorine - Ammonia Building. PLC programming and SCADA programming is by others. PLC November 8, 2010 Page 1 of 3 EXHIBIT A-1 City of Fort Worth North and South Holly WTP's Conversion from Gaseous Chlorine and Ammonia List of Assumptions programming will be performed by the City. SCADA programming will be by HSQ and will be included in the contractor's scope of work. 10. Carollo will not prepare electrical cable and conduit schedules for the project. 11. Carollo will not design any modifications to the existing security system. 12. Carollo will include a bid item for the sale of the surplus bulk chlorine and ammonia storage tanks. The City may elect to sell the tanks themselves if the low bidder's bid for the sale of the storage tanks is not adequate. 13. There will be no architectural or landscape architectural drawings on this project. 14. Carollo will prepare specifications in accordance with The Construction Specifications Institute Master Format 1995 Edition 15. The City front-end documents (Division 0) used for the Holly WTP Upgrade (Ozone) Project, with possible minor revisions, will be utilized on this project. Carollo Division 1 specifications will be utilized on this project. 16. No equipment will be prepurchased or preselected for this project. 17. The preliminary design will be limited to a 3 day Design Camp workshop. Resulting predesign Tech Memo will include draft and final submittals. The final design work will include 60% 90% and final submittals. 18. No contractor prequalification will be performed by Carollo during the bidding or design phases. 19. Carollo will not prepare or distribute conformed documents. 20. A code evaluation will be performed on the hypochiorite and LAS bulk storage and metering facilities. Code evaluations will not be performed at the application points. 21. Carollo will assist the City in obtaining building and fire permits. Carollo will assist the City with the TCEQ permitting of the hypochiorite and LAS facilities. This assistance will include preparation of documents as required to obtain building and fire permits. 22. Because there is no federal funding for this project, no historical preservation work is included in this Scope of Work. 23. Construction manager and field inspection for the project will be by others. Carollo will provide office related construction services Specialty inspection will be performed by others unless specifically indicated to be performed by Carollo in the Scope of Work. 24. O&M Manuals will not be provided or reviewed by Carollo unless an amendment is provided to their contract. 25. Warranty inspection services will be performed by others unless an amendment is provided to their contract. 26. Legal assistance or fees associated with resolving construction disputes and formal claims are not included in this Scope of Work. November 8, 2010 Page 2 of 3 EXHIBIT A-1 City of Fort Worth North and South Holly WTP's Conversion from Gaseous Chlorine and Ammonia List of Assumptions 27. Carollo will prepare record drawings based on information provided by the City and the field inspection staff. Carollo will deliver 20 sets of half size drawings and the CAD files in AutoCAD format to the City. 28. Additional services associated with procurement of state funding would be negotiated separately. 29. No value engineering will be performed on the project. 30. Existing construction information will be transmitted to Carollo by the City. 31. Labor rates are valid through April 2012 and will be escalated at an annual rate of 4 percent starting in May 2012. 32. Design drawings will be produced using AutoCAD or Microstation software. CAD files will be delivered to the City in AutoCAD format. 33. Carollo will not perform operational assistance during the first year unless an amendment is provided to their contract. 34. Project Schedule: Carollo's scope and fee is based on the following preliminary schedule for this project: a. City will provide Carollo with notice to proceed following the City's October 18, 2010 Council Meeting. b. Design project will bid in May 2011 c. Project will begin construction in July 2011 d. Construction will be complete by June 2012. 35. The number of application points will be 4 and 3 for hypochlorite at North and South Holly, respectively. The number of application points will be 3 and 5 for LAS at North and South Holly, respectively. 36. City will provide Carollo with electronic files of existing drawings of the plant site in AutoCAD or MicroStation format ENGINEER will use existing drawings provided by the City as the base for the creation of new design drawings. Where electronic files are not available, Carollo will scan existing hardcopy drawings, as applicable, and use scanned pdf file as a base drawing. Existing drawings are assumed to be accurate and represent `as -built' locations and dimensions. 37. With the exception of verifying soil conditions under the existing basin to be utilized for hypochlorite storage, no additional geotechnical engineering services will be required. 38. Carollo will not review rebar drawings 39. There will be no formal partnering arrangement between the OWNER, ENGINEER, and General Contractor. Informal partnering will be encouraged. November 8, 2010 Page 3 of 3 Sheet Exhibit A-2 Projected Drawing List (Single Construction Project) North and South Holly WTPs Conversion from Gaseous Chlorine and Ammonia City of Fort Worth Area / Drawing Description Hours CE GUPTA General Drawings 1 1 G 1 Cover Sheet 4 2 1 G 2 Sheet Index and Vicinity Map 4 3 1 G - 3 Holly Complex Map (show contractor areas) 1" = 100' 8 4 1 G - 4 North Holly WTP Site Layout (show application points) 1" = 50' 16 5 1 G - 5 South Holly WTP Site Layout (show application points) 1" = 50' 16 6 1 G 6 Abbrevations 4 7 1 G 7 General Notes 8 8 1 G - 8 Design Criteria and Pipe Schedule 10 9 1 G 9 Civil / Mechanical Legend 4 10 1 G - 10 Device Tag Identifiers 8 Sub -Total 82 0 North Holly Bulk Storage and Metering Area Structural Drawings 11 2 S - 1 Bulk Hypochlonte Storage Tank Plan 60 12 2 S - 2 Bulk Hypochlonte Storage Tank Wall Elevations 60 13 2 S - 3 Bulk Hypochlonte Storage Tank Liner Plan and Details 40 14 2 S - 4 Bulk LAS Storage Tank Plan and Details 24 15 2 S - 5 Storage Areas Containment Sumps Plans and Details 40 16 2 S - 6 Fill Station Plan and Details 20 Sub -Total 244 0 Mechanical Drawings 17 2 M - 1 Overall Area Plan 30 18 2 M - 2 Gaseous Chlorine and Anhydrous Ammonia Demo Plan 16 19 2 M - 3 Chlorine and Ammonia Scrubber Demo Plan 16 20 2 M - 4 Bulk Hypochlorite Storage Tank Plan 40 21 2 M - 5 Bulk Hypochlorite Storage Tank Sections and Details 60 22 2 M - 6 Bulk LAS Storage Tank Plan 40 23 2 M - 7 Bulk LAS Storage Tank Sections and Details 60 24 2 M - 8 Chemical Metering Area Enlarged Plan 40 25 2 M - 9 Chemical Metering Area Sections and Details 60 26 2 M - 10 Hypochlonte Schematic 40 27 2 M - 11 LAS Schematic 40 28 2 M - 12 Fill Station and Containment Sumps Plans, Sections and Details 60 29 2 M - 13 Chemical Pipe Routing to Chlorine and Ammonia Building Plan 20 30 2 M - 14 Chemical Pipe Routing to Chlorine and Ammonia Building Details I 20 31 2 M - 15 Chlorine and Ammonia Application Point Modifications (8 points total) 40 32 2 M - 16 Chlorine and Ammonia Application Point Modifications (8 points total) 40 Sub -Total 622 0 11/08/10 Page 1 of 3 Sheet Exhibit A-2 Projected Drawing List (Single Construction Project) North and South Holly WTPs Conversion from Gaseous Chlorine and Ammonia City of Fort Worth Area / Drawing Description South Holly Chlorine and Ammonia Area Mechanical Drawings 33 3 M - 1 Overall Area Plan 34 3 M - 2 Gaseous Chlorine and Anhydrous Ammonia Demo Plan 35 3 M - 3 Chlorine and Ammonia Scrubber Demo Plan 36 3 M - 4 Chemical Pipe Routing to Chlorine and Ammonia Building Plan 37 3 M - 5 Chemical Pipe Routing to Chlorine and Ammonia Budding Details, I 38 3 M - 6 Chlorine and Ammonia Application Point Modifications (8 points total) 39 3 M - 7 Chlorine and Ammonia Application Point Modifications (8 points total) Electrical Drawings 40 4 E - 1 Electrical Legend & Symbols-1 41 4 E - 2 Electrical Notes 42 4 E - 3 Electrical Conduit & Wire Schedule 43 4 E - 4 Lighting Fixture Schedule 44 4 E - 5 Standard Details-1 45 4 E - 6 Standard Details-2 46 4 E - 7 Electrical Overall- Site Plan 47 4 E - 8 Overall Existing Electrical One Line Diagram-1 48 4 E - 9 Overall Existing Electrical One Line Diagram-2 49 4 E - 10 Overall Electrical One Line Diagram-1 Modifications 50 4 E - 11 Overall Electrical One Line Diagram-2 Modifications 51 4 E - 12 System Fiber Network Plan 52 4 E - 13 Existing Floor Plan -Electrical Demo 53 4 E - 14 North Holly Demo Details - Photos, 1 54 4 E - 15 North Holly Demo Details - Photos, 2 55 4 E - 16 Chemical Building Demo for Chlorine + Ammonia 56 4 E - 17 South Holly Tank Farm -Demo 57 4 E - 18 South Holly Demo Details - Photos 58 4 E - 19 Hypochlonte Electrical One Line Diagram 59 4 E - 20 Hypochlonte Electrical Floor Plan 60 4 E - 21 Hypochlonte Instrumentation Plan 61 4 E - 22 Hypochlonte Tank Area -Electrical Plan & Details 62 4 E - 23 Hypochlonte Pump Area -Electrical Plan & Details 63 4 E - 24 Hypochlonte Electrical Section & Details 64 4 E - 25 Electrical Schematic-1 65 4 E - 26 Electrical Schematic-2 66 4 E - 27 Electrical Schematic-3 67 4 E - 28 Hypochlorite PLC Interfcae Diagram 68 4 E - 29 Hypochlorite Panel Schedule-1 69 4 E - 30 LAS Electrical One Line Diagram 70 4 E - 31 LAS Electrical Floor Plan 71 4 E - 32 LAS Instrumentation Plan Hours CE GUPTA 30 16 16 20 20 40 40 Sub -Total 182 0 8 12 12 12 8 8 1 20 1 12 1 12 2 12 2 12 1 20 1 12 12 12 12 12 12 2 30 2 30 2 24 2 24 2 24 1 24 2 24 2 24 2 24 2 24 1 16 2 20 2 24 2 24 11/08/10 Page 2 of 3 Sheet Exhibit A-2 Projected Drawing List (Single Construction Project) North and South Holly WTPs Conversion from Gaseous Chlorine and Ammonia City of Fort Worth Area / Drawing Description Hours CE GUPTA 72 4 E - 33 LAS Tank Area -Electrical Plan & Details 2 24 73 4 E - 34 LAS Pump Area -Electrical Plan & Details 2 30 74 4 E - 35 LAS Electrical Section & Details 1 24 75 4 E - 36 LAS PLC Interfcae Diagram 2 24 76 4 E - 37 LAS Panel Schedule-1 1 16 Sub -Total 43 674 Instrumentation and Controls Drawings 77 5 N - 1 Inst Legend & Symbols 8 78 5 N - 2 Inst North Holly- System Architecture Layout -Demo 1 20 79 5 N - 3 Inst North Holly- System Architecture Layout -Additions 1 20 80 5 N - 4 Inst-Standard Details-1 8 81 5 N - 5 Inst-Standard Details-2 8 82 5 N - 6 PLC Enclosure Details-1 16 83 5 N - 7 PLC Enclosure Details-2 16 84 5 N - 8 Hypochlonte Bulk Storage P&ID 2 24 85 5 N - 9 Hypochlonte Metering P&ID-1 2 24 86 5 N - 10 Hypochlonte Metering P&ID-2 2 24 87 5 N - 11 Hypochlonte Loop Diagram-1 2 24 88 5 N - 12 LAS Bulk Storage P&ID 2 24 89 5 N - 13 LAS Metering P&ID-1 2 24 90 5 N - 14 LAS Metering P&ID-2 2 24 91 5 N - 15 LAS Loop Diagram-1 2 24 Sub -Total 18 288 Typical Details 92 T - 1 Typical Details 4 93 T - 2 Typical Details 4 94 T - 3 Typical Details 4 95 T - 4 Typical Details 4 96 T - 5 Typical Details 4 97 T - 6 Typical Details 4 98 T - 7 Typical Details 4 99 T - 8 Typical Details 4 100 T - 9 Typical Details 4 101 T - 10 Typical Details 4 Sub -Total 40 0 Total Number of Hours 1,231 962 11/08/10 Page 3 of 3 ATTACHMENT B COMPENSATION Design Services for North and South Holly WTP's Conversion from Gaseous Chlorine and Ammonia City Project No. Time and Materials with Multiplier Project 1. Compensation A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A and as shown in Exhibit B-1 as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by Direct Salaries multiplied by a factor of 3.50. Direct Salaries are the amount of wages or salaries paid ENGINEER's employees for work directly performed on the PROJECT, exclusive of all payroll - related taxes, payments, premiums, and benefits. ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost plus a markup of ten percent (10%). Direct Expenses (non -labor) include but are not limited to, mileage, travel and lodging expenses mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work, plus applicable sales, use, value added, business transfer gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of five percent (5%). 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. City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION 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. 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: 5.19.2010 Page 2 of 3 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount 1 Prime Consultant Carollo Engineers Overall Design I $466,260 72.6 Proposed M/WBE Sub -Consultants Gupta & Associates Electrical and I&C $157,490 24.5 Jaster Quintanilla Surveying $6,000 1.0 Non-M/WBE Consultants TBD Concrete Testing/Geotech $12,500 1.9 TOTAL $642,250 100% Project Number Name Fee M/WBE Fee M/WBE Total % & $642,250 $163,490 25.5% City M/WBE Goal = 16% City of Fort Worth, Texas Attachment B PMO Official Release Date: 5,19,2010 Page 3 of 3 Consultant Committed Goal = 25.5 % B-3 Appendix "E" - Location Map North and South Holly Chlorine/Ammonia Facilities North Holly Chlorine/Ammonia Facilities South Holly Chlorine/Ammonia Facilities Certificate of Insurance Agency Name and Address: Heffernan Insurance Brokers 1808 Embarcadero Road, Ste. A Palo Alto CA 94303 (650) 842-5200 Fax (650) 842-5201 Insured's Name and Address: CAROLLO ENGINEERS Risk Management Office 2700 Ygnacio Valley Rd., #300 Walnut Creek, CA 94598 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED THE POLICIES LISTED BELOW. Companies Affording Coverage Company A -- OneBeacon America Insurance Company Company B -- Ace American Insurance Company COVERAGES: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. CO. LTR. INSURANCE OF NUMBER POLICY EFFEC, POL CY DATE EX°IR. POLICY DATE LIMITS TYPE A [X Gen'I [ X ] [ ] ) Policy Project GENERAL [ [ Aggregate Commt. X ] ] Claims Occurrence Gen. LIABILITY Applles Made Liability 7180103170000 12/31/2009 12/31/2010 General Aggregate $ 2,000,000 per: Products-Com/Ops Agg. $ 2,000,000 & Adv. Injury $ 1,000,000 Personal Occurrence $ 1,000,000 Each Fire Damage (any one fire) $ 500,000 Medical Other $ 25,000 A [X [ [ [ [ [ J [l ] ] ] ] ] Alf Scheduled Hired Non Garage Any AUTO owned -owned Automobile autos liability LIABILITY autos autos autos 7180103170000 12/31/2009 12/31/2010 Combined Single Limit $ 1,000,000 Bodily Injury (per person) $ Bodily Injury (per accident) $ Property Damage $ [ ] [ ] Umbrella Other EXCESS than Form LIABILITY Umbrella Form Each Aggregate Occurrence $ $ A AND COMPENSATION WORKERS' EMPLOYERS' LIABILITY 4060316440000 12/31/2009 12/31/2010 Statutory Each Disease Disease Accident Limits. -Policy -Each Employee Yes Limit $ 1,000,000 $ 1,000,000 $ 1,000,000 8 PROFESSIONAL LIABILITY G21656495 Retroactive Unlimited Date: 007 07/04/2010 07/04/2011 Each Aggregate Deductible Claim $ 1,000,000 $1,000,000 $ 25,000 Descnptlon of Operations/Locations/Vehicles/Restrictions/Special Items: All operations of the named insured. RE Project: North and South Holly WTP's Conversion from Gaseous Chlorine & Ammonia — City of Fort Worth, its officers, officials, agents and employees are named as additional insured but only as respects liability arising out of the Named Insured s operations; such coverage is primary as respects any insurance carried by the Additional Insured with respect to work performed by the Named Insured. GL, AUTO and WC policies contain a Waiver of Subrogation. Important Notice: This certificate does not disclose exclusions, conditions and other limitations set forth in the policy itself which may affect the respective rights and obligations of the Insurer and Policyholder under the policy and may reduce or eliminate coverage for certain losses. The Policyholder or one or more of its corporate affiliates being obligated to directly or Indirectly reimburse the Insurer for a portion of the losses paid under the Policy As a result, the financial cost of a portion of the Insured losses will ultimately be borne by the Policyholder or one or more of Its corporate affiliates, and not by the Insurer. Certificate Holder: City of Fort Worth 1511 11th Avenue Fort Worth, TX 76102 THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS' WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN THE EVENT OF CANCELLATION DUE TO NON-PAYMENT OF PREMIUM IN WHICH CASE A 10 DAYS NOTICE WILL BE GIVEN. Auth. ed -. oresen .five: Date: November 8, 2010 Brendle Kirby-Lefer ADDITIONAL INSURED This form modifies insurance provided under the following: GL CONTRACTORS EXTENDER (VCG 206 02 05) WHO IS AN INSURED — (Section II) is deleted and replaced by the following wording: A. Section II - Who is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing and completed operations for the additional insured. • The insurance provided to the additional insured is limited as follows: a) This endorsement shall not increase the limits stated in Section I11— LIMITS OF INSURANCE. b) This insurance does not apply to "bodily injury: or "property damage caused by "your work" included in the products -completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: • 1. "Bodily injury," "property damage' or "personal and advertising injury' arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys field orders, change orders or drawings and specifications; or b. Supervisory, inspections, architectural or engineering activities. Primary & Non -Contributory: Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary excess contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the Toss for which coverage is sought specifically requires that this insurance apply an a primary or noncontributory basis. 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. Per Project Aggregate: Under Section lit = Limits of Insurance, the General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. Waiver of Subrogation: Section IV — Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in "your work" or the products -completed operations hazard". This waiver applies only to persons or organizations with whom you have a written contract executed prior to the "bodily injury" or "property damage", that requires you to waive your rights of recovery. Named Insured: Additional Insured: Carollo Engineers Policy No.: 7180103170000 The City of Fort Worth, ifs officers, officials, agents and employees THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR AUTOMOBILE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement. Refer to the Individual provi- sions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured By Contract 2. Airbag Discharge 3. Auto Theft Reward 4. Blanket Waiver of Subrogation 5. Bodily Injury Redefined - Mental Anguish 6. Broad Form Named Insured 7. Communications Equipment - 8. Drive Other Car - Executive Officers 9 Duties in The Event of Accident, Claim, Suit or Loss 10. Employees As insureds 11. Extra Expense - Broadened Coverage 12. Fellow Employee Exclusion 13, Glass Repair - Waiver of Deductible 14. Hired Auto Physical Damage Coverage 15. Hired Auto Worldwide Coverage Territory 16. Lease Gap Coverage 17. Liability Coverage - Supplementary Payments 18. Newly Formed or Acquired Organizations 19. Physical Damage - Transportation Expenses 20. Towing - Any Auto • 1. ADDITIONAL INSURED BY CONTRACT The Who Is An Insured provision under SECTION II - LIABILITY COVERAGE is amended to include as tan additional insured any person or organization with whom you agreed in a written contract, written agreement or permit, to provide insurance such as is afforded under this Coverage Form. Such person or organization is an Insured only with respect to liability for "bodily injury" or 'property damage" caused, in whole or in part by your maintenance, operation or use of your covered "autos". With respect to the insurance afforded to these additional insureds, this insurance does not apply: a. Unless the written contract or agreement has been executed or the permit has been issued prior to the bodily injury" or "property damage"; b. To any person or organization included as an insured by endorsement or in the Declarations, or c. To any,iessor of "autos" when their contract or agreement with you for such leased' auto" ends. • 2. AIRBAG DISCHARGE • if you purchased physical damage coverage for a covered 'auto" under this policy, we will pay to reset or re- place an airbag that accidentally discharges without the vehicle being involved in an accident. No deductible applies to this additional coverage However, this coverage only applies if the airbag is not covered under a manufacturer's warranty and you did not intentionally cause the airbag to discharge. 3. AUTO THEFT REWARD We will pay up to a $2,000 reward in the event of a covered loss, for information leading to the arrest and con- viction of anyone stealing a covered "auto". A reward will not be paid to you, a family member, employee or any public official while performing their duty. • 4, BLANKET WAIVER OF SUBROGATION • The Transfer Of Rights Of Recovery Against Others To Us condition under SECTION IV - LOSS CONDI- TIONS is replaced by the following: We will waive any right of recovery we may have against any person or organization because of payments we make for Injury or damage arising out of the operation of a covered "auto" when you have assumed liability for such ' bodily injury" or "property damage under an "insured contract", provided the contract is in writing and executed prior to the "bodily injury' or "property damage", 5. BODILY INJURY REDEFINED - MENTAL ANGUISH The definition of "bodily injury' under SECTION V - DEFINITIONS Is replaced by the following: "Bodily injury' means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time. VCA 201 02 05 includes copyrighted material of Insurance Services Office, Inc. Copyright 2004, I°ift!ll'Ill!tf!IfIti1!tll!Iltlttiilf!ii!!ti'tli!1 @@@@@@@@@@@@@@@@@@@e • Page i of 4 6. BROAD FORM NAMED INSURED a. The Who is An Insured provision under SECTION II — LIABILITY COVERAGE is amended toinclude the following: Any organization which is a legally incorporated entity In which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Form will be a Named insured until the 180th day or the end of the policy period whichever comes first, provided there is no other similar insurance avail- able to that organization • b. Paragraph a, of this provision 6. does not apply to "bodily injury" or "property damage" for which an 'insured' is also an insured under any other automobile policy or would be an insured under such a policy, but for its termination or the exhaustion of its limit of insurance, • 7. COMMUNICATIONS EQUIPMENT a, The exclusion for electronic equipment under Exclusions of SECTION III — PHYSICAL DAMAGE COVERAGE does not apply to loss of any permanently installed, non -removable communications equipment designed for use as a' 1. Citizen's band radio; 2, Two-way mobile radio or telephone; • 3. Scanning monitor receiver, or 4. GPS Navigation System including its antenna and other accessories. b. No Deductible applies to this additional coverage. c. The most we will pay for this coverage is $2,000 per ocdurrence. • 8, DRIVE OTHER CAR- EXECUTIVE OFFICERS a. The Who Is An Insured provision under SECTION iI — LIABILITY COVERAGE is amended to Include: if you are designated in the Declarations as: • 1. An individual; you and your spouse. 2. A partnership; your partners and their spouses. • 3. An organization other than an individual or a partnership you "executive officers" and their spouses. b, SECTION II — LIABILITY COVERAGE and SECTION ill — PHYSICAL DAMAGE COVERAGE are extended to include autos" you don't own, hire, lease or borrow while in the care custody or control of an Insured listed in 8.a. This does not Include any "auto": 1. Owned by any insured listed In 8.a., or any member of their household, including any such "auto" that is owned but not insured; 2. Used by an insured listed in 8.a. while working in the business of selling servicing, repairing or parking autos; or, 3. Insured under another policy of insurance, If Medical Payments, Uninsured/tJnderinsured Motorist, Personal injury Protection or other compulsory coverages required by the governing jurisdiction are covered on this policy, then Insureds listed in 8.a. above and fatnity members residing in the same households are "insureds" while: 1. Occupying as a passenger, or 2. A pedestrian when struck by any auto you do not own, hire, lease or borrow except any auto owned by that insured listed in 8.a, their family members or an auto insured under any other policy. c, The limits and deductibles applicable to this provision will be the largest applicable to any owned "auto" for the specific insurance d. The following definition is added to SECTION V — DEFINITIONS of the policy: Executive officer means a person holding any of the officer positions created by your charter, constitu- tton, by-laws or any similar governing document, e. The Other Insurance Condition, under SECTION IV — BUSINESS AUTO CONDITIONS does not apply to the provisions of this Drive Other Car endorsement. There is no "other insurance" applicabie to this en- dorsement. • Page 2 of 4 Includes copyrighted metenal of Insurance Services Office, inc. VCA 20102 06 Copyright 2004, 111111111111 :lnln111tl if tl111t!t11f11ii!'111111 • 9. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Under SECTION iV — BUSINESS AUTO CONDITIONS — the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is amended as follows: The requirements that you must a notify us of an accident" claim, "suit" or "loss" and b send us documents concerning a claim or "suit" apply only when such 'accident" claim, `suit" or "loss" is known to: a You, if you are an individual; b. A partner if you are a partnership; c. An executive officer of the corporation or insurance manager, if you are a corporation; or d. A manager, if you are a limited liability company. 10. EMPLOYEES AS INSUREDS . The Who Is An Insured provision under SECTION II — LIABILITY COVERAGE ischanged by adding the following: Any employee of yours while using a covered "auto" you don't own, hire or borrow In your business or your personal affairs. This coverage is excess over any other collectible insurance, 11. EXTRA EXPENSE — BROADENED COVERAGE Under Paragraph A. of SECTION iII — PHYSICAL DAMAGE COVERAGE, the following Coverage is added: We will pay for the expense of returning a stolen covered "auto" to you subject to Paragraph C. Lim[t Of insurance. 12. FELLOW EMPLOYEE EXCLUSION The Fellow Employee exclusion under SECTION II — LIABILITY COVERAGE does not apply If the 'bodily injury" results from the use of a covered "auto" you own or hire. This coverage is excess over any other in- surance. 13. GLASS REPAIR --WAIVER OF DEDUCTIBLE Linder Paragraph D. Deductible — of SECTION IiI — PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass Is repaired rather than replaced. 14. HIRED AUTO — PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" under SECTION II — LIABILITY COVERAGE and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this policy for any 'auto" you own, then SECTION II! — PHYSICAL DAMAGE COVERAGE is extended to "autos" you hire, subject to the fol- lowing limit The most we will pay for "loss" to any hired "auto" is the lesser of: a. $50,000, b, The actual cash value, or c. The cost of repairing or replacing it with other property of like kind or quality. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered' auto" you own. We will also cover foss of use of the hired "auto" if the following conditions are met, a. it results from an accident, b. you are legally liable, and c. the lessor incurs an actual financial Toss. The most we will pay for this toss of use coverage is $1,000 per "accident". VCA 201 02 05 Includes copyrighted material of insurance Services Office, Inc. Page 3 of 4 Copyright2004, 1[!I!!IIlfII!I['III!II!!ti!11i11[!1tPhE!I!FU!'.11 15. HIRED AUTO -- WORLDWIDE COVERAGE TERRITORY The definition•of coverage territory In General Conditions•-- Policy Period, Coverage Territory - of SEC- TION IV — BUSINESS AUTO CONDITIONS is amended to add: Anywhere In the world for autos hired for 30 days or less, provided that any "suit" is brought in the United States of America (Including its territories and possessions), Puerto Rico or Canada. 16. LEASE GAP COVERAGE Under Paragraph C. Limit of Insurance - of SECTION illy PHYSICAL DAMAGE COVERAGE, the follow - mg is added - We will also pay the difference between the actual cash value of a covered "auto" at the time of "loss" and the remaining balance on. your lease if the following conditions are met: a. The 'auto" has a long term lease and is covered on this policy. b. The lessor Is added as an Additional Insured in a written lease agreement, • c. You are legally obligated for the remaining balance. We will not pay for any amounts representing excess wear and tear charges; additional mileage charges; taxes; overdue payments; penalties, interest or charges resulting from overdue payments; or lease termina- tion fees. 17. LIABILITY COVERAGE EXTENSIONS — SUPPLEMENTARY PAYMENTS Under SECTION II— LIABILITY COVERAGE, the Coverage Extension for Supplementary Payments is re- vised as follows: a. The limit for the cost of ball bonds is amended to $3,500. b. The limit for reasonable expenses incurred by the "insured" is amended to $500 a day. 18. NEWLY FORMED ORACQUIREDORGANIZATIONS a. The Who Is An Insured provision under SECTION II — LIABILITY COVERAGE Is amended to include as an "insured" any organization that is formed or acquired by you and over which you maintain majority ownership. b. Paragraph a. of this provision 18. does not apply to any organization: 1. That is a joint venture or partnership, 2. That is an "insured" under any other policy, 3. That has exhausted its Limit of insurance under any other policy, or 4. 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. c. Paragraph a. of this provision 18. does not apply to "bodily injury" or "property damage" that results from an "accident ' that occurred before you formed or acquired the organization. 10. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES COVERAGE Under SECTION III — PHYSICAL DAMAGE Coverage Extensions, the limit for Transportation Expenses is amended to $75 per day and the maximum is amended to $1,800. 20. TOWING — COVERED AUTOS Under SECTION 11I — PHYSICAL DAMAGE COVERAGE, Coverage for Towing is amended as follows: a. This coverage applies to any covered "auto" for which a premium charge for towing and labor Is shown in the Schedule or in the Declarations. b. The limit is $100. Named Insured: Carollo Engineers, Endorsement Date: 12/31/09 Policy Number: 7180103170000 Insurance Company- OneBeacon America Insurance Company Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc. Copynght2004, tlliflil'llillmilf11fi1:ItnIlflilIPIlltll'll@ VGA Dot 02 05 • 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSMENT-CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. This Endorsement, effective on 12/31/2009 at 12:0I A.M. standard time, forms part of Policy No. 4060316440000 Endorsement No. Of the OneBeacon America Insurance Company (Name of Insurance Company) Issued to: Carollo Engineers Premium (if any) $ Authorized Representative 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 You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. • The additional premium for this endorsement shall be 2.0 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Pei son or Organization Any person or organization with whom you have agreed in a written contract, executed prior to loss, to name as additional insured. City of Fort Worth, its employees, officers, officials, agents and employees Job Description All Operations of the named insured. Project: North and South Holly WTP's Conversion from Gaseous Chlorine & Ammonia WC 252 04084 Copyright 1984, OneBeacon Insurance Group Page I of 1 - M&C=;Review Page 1 of 2 DATER IL COUNCIL ACTION: Approved on 11/9/2010 11/9/2010 REFERENCE NO.: CODE: C HEARING SUBJECT: Authorize the Execution of an Engineering Agreement in the Amount of $642,250.00 with Carollo Engineers, Inc., for the North and South Holly Water Treatment Plant Chlorine and Ammonia Conversion Project (COUNCIL DISTRICT 9) Official site of the City of Fort Worth, Texas FORT WORTH 60SHWTP CHLORINE AMMONIA CONVERSION TYPE: **C-24572 LOG NAME CONSENT PUBLIC NO RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with Carollo Engineers, Inc. in the amount of $642,250 00 for the North and South Holly Water Treatment Plant Chlorine and Ammonia Conversion Project. DISCUSSION: The Texas Commission on Environmental Quality (TCEQ) requires disinfection and maintenance of a chlorine residual in potable water. In Fort Worth, disinfection is accomplished with both ozone and chlorine, while the disinfection residual is maintained with a combination of chlorine and ammonia. In 1995, the North and South Holly Chlorine and Ammonia Facilities Rehabilitation Project was constructed. This project consisted of installation of new chlorine and ammonia feed equipment, bulk storage tanks, and gas scrubber assemblies. After fifteen years of operation the gaseous chlorine scrubber system is in need of replacement. Due to the substantial costs of replacing the chlorine and ammonia gaseous scrubber system, the Water Department recommends converting to liquid feed systems, thereby eliminating the need for gas storage and the associated scrubber equipment. The scope of work for the North and South Holly Water Treatment Plant Chlorine and Ammonia Conversion Project consists of the development of plans and specifications for installing new liquid storage tanks, feed pumps, valves, piping, electrical, instrumentation and control system In addition, the engineering agreement includes regulatory and permitting assistance, bidding and construction services. Carollo Engineers, Inc., is in compliance with the City's M/WBE Ordinance by committing to 25 percent M/WBE participation. The City's goal on this project is 16 percent. This project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P265 531200 601530162133 $642,250.00 Submitted for City Manager's Office by: Fernando Costa (6122) http://apps.cfwnet org/council_packet/mc_review.asp7ID=14229&councildate=11/9/2010 11/10/2010 M&C Review Originating Department Head: Additional Information Contact: S. Frank Crumb (8207) Chris Harder (8293) Page 2 of 2 ATTACHMENTS 60SHWTP CHLORINE AMMONIA CONVERSION map.pdf http://apps.cfwnet.org/council packet/mc_review.asp?ID=14229&councildate=11/9/2010 11/10/2010