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Home My WebLink AboutContract 43464 (2)MY OF FO STANDARD AGREELkf ENT FOR RI WORTH, TEXAS COMICW-1/4CT \10,. ;RR G RELATHD DESIGN SERVIC This AGRLEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Neel -Schaffer, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Fleetwood Ground Storage Tank Rehabilitation Project. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article IN Compensation The F NGINEER's compensation is set forth in Attachment E. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 1 of 16 OFFICIAL RECORD CITY SECRETARY L WORTk -01-12 100:02 IN (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEERs 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 2 of 16 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 3 of 16 (3) discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions time or quality of performance by third parties; quality type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of hens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 4 of 16 affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 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 misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 5 of 16 (3) together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify. premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1 000,000 each accident. Such insurance shall cover liability arising out of 'any auto', including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is acceptable. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 6 of 16 i ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 7 of 16 requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102 f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 8 of 16 required by the ENGINEER to equivalent insurance coverage as sub consultants/subcontractors ENGINEER shall provide CITY certificate of insurance. L. Independent Consultant maintain the same or reasonably required for the ENGINEER When maintain insurance coverage, with documentation thereof on a The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. 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. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 9 of 16 P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY s personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services the CITY will obtain, arrange and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights - of -way, and access necessary for the ENGINEER's services or PROJECT construction. D Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors and other consultants as the CITY deems appropriate, and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D E. Prompt Notice City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 10 of 16 The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV E regarding the 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 ansing out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER " (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 11 of 16 or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 12 of 16 ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a wntten Notice to Proceed from the CITY. B Reuse of Project Documents All designs, drawings, specifications documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 13 of 16 termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. 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 u nderstandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including n egligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole n egligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 14 of 16 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 considered ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Amendments to Standard Agreement for Engineenng Services Attachment D - Project Schedule Attachment E - Location Map City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 15 of 16 Executed and effective this the BY: CITY OF FORT WORTH )--setsiossia Fernando Costa Assistant City Manager Date 8/1/11 APPROVAL RECOMMENDED: l -G S Frank Crumb, P.E. Director, Water Department k(ri'd APPROVED AS TO FORM LEGALITY By: litel) Douglas W. Black U Assistant City Attorney ATTEST: a ry �J . Kays & r City Secretary AND BY: ENGINEER Neel -Schaffer, Inc. Date: James P. Amick, P F. Engineer Manager le-L - M&C No.: -Zs 737 MC Dates 7e/7—/2- ` newm h� �rrr^� � •Ate ` oof G /l Q I* 004?% Oto cis":0-0g g 0 4 � t.( '1 ,,i 9 Q ! k• % 0 i% 0 id 444?)00,„0„, 4), ilamw:pc'~ _, City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 16 of 16 ATTACHMENT A DESIGN SERVICES FOR FLEETWOOD GROUND STORAGE TANK REHABILITATION PROJECT CITY PROJECT NO.: (MSS ATTACHMENT A Scope for Enaineerina Design Related Services for Water Improvements DESIGN SERVICES FOR FLEETWOOD GROUND STORAGE TANK REHABILITATION PROJECT CITY PROJECT NO.: otg53 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. The work to be performed entails rehabilitating the Fleetwood Ground Storage Tank. WORK TO BE PERFORMED Task 1 - Design Management Task 2 - Preliminary Design Report Task 3 - Design Task 4 - Advertisement and Award Task 5 - Construction Phase TASK 1 - DESIGN MANAGEMENT ENGINEER shall: • Attend a pre -design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Prepare invoices and submit monthly in the format requested by the CITY • Prepare and submit monthly progress reports in the format provided by the Water Department • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project ASSUMPTIONS • Twelve MWBE reports, progress reports and project schedule updates will be prepared MWBE reports will be mailed, and the other items uploaded to Buzzsaw DELIVERABLES Page 1 of 6 O:\Marketing\Fort Worth\Fleetwood\Attachment A.doc 7/12/2012 A. B. C. D. E F. ATTACHMENT A DESIGN SERVICES FOR FLEETWOOD GROUND STORAGE TANK REHABILITATION PROJECT CITY PROJECT NO.: 014153 Meeting summary with action items Monthly invoices Monthly progress reports Baseline design schedule Monthly schedule updates with schedule narrative anticipated schedule changes Monthly M/WBE Report Form and Final Summary describing any current or Payment Report Form TASK 2 - PRELIMINARY DESIGN REPORT ENGINEER will prepare a Preliminary Design Report. It will include documentation of the existing structural condition; assessment of the coating system condition including laboratory analysis of paint chips; assessment of the tank appurtenances including hatches, vents, ladders, platforms, and piping; and assessment of the compliance with OSHA safety requirements. The Preliminary Design Report will include the Engineer's recommendations for complete rehabilitation of the tank, as well as a preliminary opinion of probable construction cost. The ENGINEER will receive CITY staff comments by e-mail. Attending a review meeting is not included. 2.1. Data Collection • The CITY will provide ENGINEER all relevant data including the most recent inspection report and record drawings of major underground piping • The ENGINEER will visit the tank site to briefly review the recommendations for rehabilitation proposed in the inspection report and observe the visible portions of the tank (it will not be drained, therefore internal details will not be accessible) • The ENGINEER will obtain paint scrapings from the outside of the tank and have them analyzed for lead. • The ENGINEER will review the inspection report and in conjunction with the site visit, determine refurbishing method and required specifications, recommend extent of refurbishing required and review tank for compliance with TCEQ requirements • The ENGINEER will provide a Boundary and Topographic Survey of the site (Map 2138-420, Parcels 313B 1, 2 & 3) 2.2. The Preliminary Design Report shall include the following in a letter report: • Cover letter • List of proposed rehabilitation features • Documentation of key design decisions (i.e., considering inclusion of project components that will speed construction like requiring dehumidification on interior work) Page 2 of 6 O:\Marketing\Fort Worth\Fleetwood\Attachment A.doc 7/12/2012 ATTACHMENT A DESIGN SERVICES FOR FLEETWOOD GROUND STORAGE TANK REHABILITATION PROJECT CITY PROJECT NO.: 01iS • Opinion of probable construction cost ASSUMPTIONS • The Preliminary Design Report will be delivered electronically in PDF format. • ENGINEER shall revise the report after receiving CITY comments, if needed. DELIVERABLES A. Preliminary Design Report TASK 3 - DESIGN ENGINEER will develop the design as follows It will include preparation of 60%, 90% and 100% plans and specifications, to be reviewed by Water Department staff; attendance at design review meetings with Water Department Staff; and preparation of opinion of probable construction cost at 90%. Design Drawings shall include the following: • Cover Sheet • Vicinity Map • Site Plan (showing visible aboveground features from the survey and major underground water lines based on the CITY's record drawings, no future site improvements will be shown) • Aerial Photo • Ladder Details • Man -way Details • Vent Details • OSHA Safety Details • Miscellaneous Details ASSUMPTIONS • Specifications and standards (including project sign detail, etc.) will be obtained one time from CITY at the beginning of the project. Updates and/or revisions will be considered additional services. • The CITY's front end specifications will be used. The ENGINEER shall develop/customize technical specifications. • Two sets of 11 x 17 size plans and two sets of specifications will be delivered for each of the 60%, 90% and 100% submittals. • Design of a logo for the tank is not included. Page 3 of 6 O:\Marketing\Fort Worth\ Fleetwood\Attachment A.doc 7/12/2012 ATTACHMENT A DESIGN SERVICES FOR FLEETWOOD GROUND STORAGE TANK REHABILITATION PROJECT CITY PROJECT NO.: AnAS3 • Induced current cathodic protection will not be used. DELIVERABLES A. Design drawings and specifications B Estimate of probable construction cost C. Original cover mylar for the signatures of authorized CITY officials TASK 4 - ADVERTISEMENT AND AWARD ENGINEER will support the bid phase of the project as follows: • • • • • • Printing and distribution of plans/specifications to contractors during bid period Assist with special pre -qualification of contractors (if necessary) Maintain plan holders log Conduct pre -bid meeting Answer contractor's questions, issue addendum (after review by CITY) as appropriate Prepare bid tabulation and make recommendation on award ASSUMPTIONS • • • • • • The project will be bid only once and awarded to one contractor. Thirty sets of 11 x 17 construction documents will be sold to plan holders and/or given to plan viewing rooms. Two sets of full size sets of drawings will be delivered to the CITY. Ten sets of 11 x 17 size drawings and ten specifications will be delivered to the CITY from the thirty printed for bidding. If ten sets are not available from bidding they can be provided at additional cost. The CITY will prepare the Advertisement and coordinate with the Newspaper. The CITY will post plans/specifications/addenda to Buzzsaw. DELIVERABLES A. Addenda B. Bid tabulation C. Recommendation of award D. Construction documents Page 4 of 6 O:\Marketing\Fort Worth\Fleetwood\Attachment A.doc 7/12/2012 ATTACHMENT A DESIGN SERVICES FOR FLEETWOOD GROUND STORAGE TANK REHABILITATION PROJECT CITY PROJECT NO.: COalS3 TASK 5 - CONSTRUCTION PHASE ENGINEER will support the construction phase of the project as follows: • Conduct preconstruction conference • Submittal review and attendance at monthly construction meetings On -site inspection, testing and resident representation services Management of construction submittal and documents and review and recommendations for pay estimates, RFIs, proposed changes and other construction issues • Timely and thorough shop drawing review and RFI responses (posted to Buzzsaw by ENGINEER) • Prepare record drawings based on red line markups provided by the Contractor. Record Drawings shall be submitted in Adobe Acrobat PDF format (version 6.0 or higher) format. This will include shop drawings signed and sealed by Contractor's Engineer as appropriate. • • ASSUMPTIONS • Three RFI's are assumed • One Change Order is assumed • Six Site Visits are assumed • Six Pay Applications are assumed • Six Monthly Meetings are assumed • Fifty paint and weld inspections are assumed DELIVERABLES A. Responses to Contractor's Request for Information B. Change Order C. Record Drawings ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY s written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: Page 5 of 6 O:\Marketing\Fort Worth\Fleetwood\Attachment A.doc 7/12/2012 ATTACHMENT A DESIGN SERVICES FOR FLEETWOOD GROUND STORAGE TANK REHABILITATION PROJECT CITY PROJECT NO.: 01.153 • Services related to development of the CITY's project financing and/or budget • Services related to disputes over pre -qualification, bid protests, bid rejection and re -bidding of the contract for construction • Public meetings • Services necessary due to the default of the Contractor • Services related to damages caused by fire, flood, earthquake or other acts of God • Services related to warranty claims, enforcement and inspection after final completion • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY • Performance of miscellaneous and supplemental services related to the project as requested by the CITY • Preparing conformed construction documents Page 6 of 6 O:\Marketing\Fort Worth\Fleetwood\Attachment A.doc 7/12/2012 ATTACHMENT B COMPENSATION Design Services for Fleetwood Ground Storage Tank Rehabilitation Project City Project No. Ot°tS j3 Time and Materials with Multiplier Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by Direct Salaries multiplied by a factor of 3.0. Direct Salaries are the amount of 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. 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 ten percent (10%). 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 4 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. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. 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 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility P rime Consultant N eel -Schaffer, Inc. Design and Bidding P roposed M/WBE Sub -Consultants C P & Y, Inc. J-Peam LLC Construction Management Printing N on-M/WBE Consultants Steel Inspectors of Paint and Weld Inspections Texas, Inc. Project Number & Name # Fleetwood Ground Storage Tank Rehabilitation Project Fee Amount $67,133 $11,700 $1,994 73.8 12.9 2.2 $10,100 11.1 TOTAL $90,927 100% Total Fee M/WBE Fee M/WBE % $90,927 $13,694 15.1% City M/WBE Goal = 15% Consultant Committed Goal = 15% City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 3 of 4 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 4 of 4 Professional Services Payment Request Project Manager: Chris Harder Project: Fleetwood Ground Storage Tank Rehabilitation Projecl City Project #: City Sec Number: O S3 Company Name: Neel -Schaffer, Inc. Consultant's PM: Vendor Invoice #: Payment Request #: From Date: To Date: Invoice Date: Sheet Work Type 1 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Jim Amick Consultant Instructions: Summary Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: Jim.Amick@Neel-Schaffer.com Office Address: 512 Main Street, Suite 415; Fort Worth, Texas 76102 Telephone: 817/870-2422 Fax: 817/870-2489 Remit FAC and Work Type Description Totals This Payment Request 512 Main Street, Suite 415; Fort Worth, Texas 76102 Agreement Agreement Amendment Amount to Amount Percent ($) Invoiced Current Remaining Amount Amount Date Spent Spent Previously Invoice Balance $23,302.00 $23,302.00 $23,302.00 $36,321.00 $36, 321.00 $36, 321.00 $31,304.00 $31,304.00 $31,304.00 $90,927.00 $90,927.00 $90,927.00 Overall Percentage Spent: Neel -Schaffer, Inc. 512 Main Street, Suite 415; Fort Worth, Texas 76102 817/870-2422 817/870-2489 512 Main Street, Suite 415; Fort Worth, Texas 76102 CFW Project Manager Chris Harder Consultant's Project Manager: Jim Amick Consultant's email: Jim.Amick@Neel-Schaffer.com Name of Project : Fleetwood Ground Storage Tank Rehabilitation Project Invoice Consultant Project No. Proj. Invoice No. Invoice date: Period From Date To Date City Secretary Contract#: P.O. Number: Labor Category Name Project Manager (example) Hours Rate ($Ihr) Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $o.00 $o.00 $o.00 $o.00 Senior Engineer (example) Engineer (example) Junior Engineer (example) CAD Technician (example) Adminstrative Support (example) etc Total Labor Subcontract Service Subcontract Service - <1 example> 0.0 Subcontract Service - <2 example> etc Subcontractor Subtotal 10 Percent Markup on Subcontract Services Nonlabor Expenses Nonlabor Expense Subtotal Total Expenses (Subcontract Services+Markup+Nonlabor Expenses) TOTAL DUE THIS INVOICE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 City Project #: Work Type Desc: F/A/C: City Sec Number: Purchase Order: Company Name: Consultant's PM: Vendor Invoice #: Payment Request #: From Date: To Date: Invoice Date: Pay Items 31 - Conceptual Design Professional Services Payment Request Project Manager: Chris Harder Project: Fleetwood Ground Storage Tank Rehabilitation F O9iS3 Neel -Schaffer, Inc. Jim Amick Jim Amick Description Totals This Unit: Consultant Instructions: Fill in green cells including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: Jim.Amick@Neel-Schaffer.com Office Address: 512 Main Street, Suite 415; Fort Worth, Texas 76102 Telephone: 817/870-2422 Fax: 817/870-2489 Remit 512 Main Street, Suite 415; Fort Worth, Texas 76102 Agreement Amendment Amendment Amount Number Amount $23,302.00 $23,302.00 Agreement Amount to Amount Date Spent $23,302.00 $23,302.00 Overall Percentage Spent: Percent ($) Invoiced Current Spent Previously Invoice Remaining Balance $23,302.00 $23,302.00 Professional Services Payment Request Project: City Project #: Work Type Desc: F/A/C: City Sec Number: Purchase Order: Company Name: Consultant's PM: Vendor Invoice #: Payment Request #: From Date: To Date: Invoice Date: Pay Items 33 - Final Design Project Manager: Chris Harder Fleetwood Ground Storage Tank Rehabilitation Neel -Schaffer, Inc. Jim Amick Description Totals This Unit: Consultant Instructions: Fill in green cells including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: Jim.Amick@Neel-Schaffer.com Office Address: 512 Main Street, Suite 415; Fort Worth, Texas 76102 Telephone: 817/870-2422 Fax: 817/870-2489 Remit 512 Main Street, Suite 415; Fort Worth, Texas 76102 Agreement Amendment Amendment Amount Number Amount $36,321.00 $36,321.00 Agreement Amount to Amount Date Spent $36,321.00 $36,321.00 Overall Percentage Spent: Percent ($) Invoiced Current Spent Previously Invoice Remaining Balance $36,321.00 $36,321.00 Professional Services Payment Request Project Manager: Chris Harder Project: Fleetwood Ground Storage Tank Rehabilitation I City Project #: 00(53 Work Type Desc: F/A/C: City Sec Number: Purchase Order: Company Name: Consultant's PM: Vendor Invoice #: Payment Request #: From Date: To Date: Invoice Date: Pay Items 80 - Construction Neel -Schaffer, Inc. Jim Amick Description Totals This Unit: Consultant Instructions: Fill in green cells including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Projects folder. email: Jim.Amick@Neel-Schaffer.com Office Address: 512 Main Street, Suite 415; Fort Worth, Texas 76102 Telephone: 817/870-2422 Fax: 817/870-2489 Remit 512 Main Street, Suite 415; Fort Worth, Texas 76102 Agreement Amendment Amendment Amount Number Amount $31,304.00 $31,304.00 Agreement Amount to Amount Date Spent $31,304.00 $31,304.00 Overall Percentage Spent: Percent ($) Invoiced Current Spent Previously Invoice Remaining Balance $31,304.00 $31,304.00 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Fleetwood Ground Storage Tank Rehabilitation Project City Project No. 01415 3 <List any changes to the Standard Agreement> None City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of l ID Task Name 1 Project Kickoff 2 Preliminary Design Report 3 City Review 4 Design & City Reviews 5 Bidding 6 iConstruction 7 Project Complete Fleetwood Start Fri 6/15/12 Mon 6/18/12 Tue 7/17/12 Tue 7/31/12 Wed 9/26/12 Wed 11/7/12 Tue 4/2/13 Project: Fleetwood Ground Storage Tank Rehabilitation Projected Start Date: June 15, 2012 Attachment D - Project Schedule City of Fort Worth Ground Storage Tank Rehabilitation Project Finish Jun Jul Fri 6/15/12 Mon 7/16/12 Mon 7/30/12 Tue 9/25/12 Tue 11/6/12 Tue 4/2/13 Tue 4/2/13 2013 Aug Sep Oct Nov j Dec Jan Feb Mari Apr May Task Summary Milestone p 440 4: 4/2 I 0 111 3•• rat kJ:TR/Tv' 12 d / ; • -, Q ,c 3 I 21 .ci., i, oE : .i . . - ..., • 1. , ,. 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I AMON CARTER • -n 0 0 c 0_ oo co nal TUeLULIOBT1V ▪ 11 CD 0 0 0 0 0) ro ▪ • CD ‹ -- - Z ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/19/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-601-956-5810 Arthur J. Gallagher Risk Management Services, Inc. P.O. Drawer 16447 Jackson, MS 39236-6447 INSURED Neel -Schaffer, Inc., Maptech, Inc., WCG/Neel-Schaffer,Inc, SoilTech Consultants, Inc. Premier Emergency ManagementLLC True North Emergency Mgmt,LLC;Engineers Constructorslnc 125 South Congress Street, Suite 1100 Jackson, MS 39201 INSURER A : INSURER B INSURER C INSURER D : INSURER E INSURER F : CONTACT Chris Brantley Y PHONE 601-956-5810 (A/C, No. Ext1: E-MAIL chris brantle a com ADDRESS: _ i'@ 74• INSURER(S) AFFORDING COVERAGE LEXINGTON INS CO FAX (A/C. Nol 601-957-7098 NAIC # 19437 COVERAGES CERTIFICATE NUMBER: 28368542 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP/YLIMITS LTRINSR WVD POLICY NUMBER (MM/DDYYY1 (MM/DD/YYYYI GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY I PRO- JECT I I LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS UMBRELLA LIAB EXCESS LIAB DED 1 RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below A Architects & Engineers Professional Liab. and Contractors Pollution Liab. SCHEDULED AUTOS NON -OWNED AUTOS OCCUR CLAIMS -MADE Y/N N/A 016017333 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE WC STATU- TORY LIMITS E.L. EACH ACCIDENT (OTH- ER $ $ $ E.L. DISEASE EA EMPLOYEE( $ E.L. DISEASE - POLICY LIMIT $ 11/15/1] 11/15/12 Each Claim 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Fleetwood Ground Storage Tank Rehabilitation Project Aggregate Retention Per 10'Day Notice of Cancellation for Non-payment of premium. / 30 Day Notice for other reasons. CERTIFICATE HOLDER Fort Worth Water Department City of Fort Worth Attn:Water Dept. Director 1511 llth Avenue Fort Worth, TX 76102 USA CANCELLATION 4,000,000 Cl 200,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) betpick 28368542 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SUPPLEMENT TO CERTIFICATE OF INSURANCE NAME OF INSURED: Neel -Schaffer, Inc., Maptech, Inc., WCG/Neel-Schaffer,Inc, SoilTech Consultants, Inc. Premier Emergency ManagementLLC Additional Description of Operations/Remarks from Paae 1: Additional Information: The Producer will endeavor to mail 30 days written notice to the Certificate Holder named on the certificate if any policy listed on the certificate is cancelled prior to the 10 days notice for non-payment of premium. Failure to do so shall impose no obligation or liability of any kind upon the Producer or otherwise alter the policy terms. DATE 07/19/2012 SUPP (05/04) ACO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/19/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER KATHY B TAYLOR THE NOWELL AGENCY INC. 105 KATHERINE DR., BLDG. A FLOWOOD MS 39232 INSURED NEEL-SCHAFFER, INC. ET AL P.O. BOX 22625 JACKSON MS 39225 -CONTACT NAME: PHONE (NC.(601) 992-4444 No. Extl: E-MAIL ADDRESS: INSURER A INSURER B INSURER C INSURER D. INSURER E INSURER F Andrea Jenkins • • • • andrea.jenkins@nowel lagency.com INSURER(S) AFFORDING COVERAGE Nationwide Insurance Company IFAX (A/C. Not (601) 709-4444 NAIC # 37877 COVERAGES CERTIFICATE NUMBER• 56459 REVISION NUMBER• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH P )LICIES. LIMITS SHOWN MAY HAVE BEEN RECUCED BY PAID CLAIMS. INSR LTR A A TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY I X JECT I I LOC AUTOMOBILE LIABILITY X , ANY AUTO ALL OWNED AUTOS HIRED AUTOS UMBRELLA LIAB SCHEDULED AUTOS NON -OWNED AUTOS EXCESS LIAB DED I IRETENTION $ OCCUR CLAIMS -MADE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) It yes. describe under DESCRIPTION OF OPERATIONS below YIN ADD'L INSR SUBR WVD X X N/A X POLICY NUMBER BPOK5614886691 GLK05614886691 BAK5614886691 POLICY EFF POLICY EXP IMM/DD/YYYY1 (MMIDD/YYYY1 04/01/12 04/01/13 04/01/12 04/01/13 04/01/12 04/01/13 LIMITS EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurence) MED. EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (per accident) EACH OCCURRENCE AGGREGATE TORY LIMITS ER $ E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( tttach ACORD 101, Additional Remarks Schedule, if more space is required) Thirty (30) days prior to cancellation, notice thereof shall be given to the below certificate holder. Certificate holder is listed as additional insured and granted waiver of subrogation as regard to written contract as their interest my appear. Above policies are primary and non-contributory. RE: Fleetwood Ground Storage Tank Rehabilitation Project CERTIFICATE HOLDER Fort Worth Water Department City of Fort Worth 1511 11th Avenue Fort Worth TX 76102 Attention: ACORD 25 (2010/05) CANCELLATION 1,000,000 500,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE io,t u Andrea W. Jenkins 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AcoRE, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07/19/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-601-956-5810 NAMEACT Chris F. Brantley Arthur J. Gallagher Risk Management Services, Inc. PHONE I FAX (.A/C,No.Extl: 601-956-5810 ADDRESS: (NC, No): 601-957-7098 P.O. Drawer 16447 E-MAIL chris _brantle @a Y j g •'com INSURER(S) AFFORDING COVERAGE - NAIC # INSURERA:WAUSAU UNDERWRITERS INS CO 26042 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 28368693 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR wvn POLICY NUMBER IMM/DD/YVYYI (MM/nn/YYYYI LIMITS GENERAL LIABILITY Jackson, MS 39236-6447 INSURED Neel -Schaffer, Inc. Maptech, Inc., SoilTech Consultants, Inc., Premier Emergency Management,LLC True North Emergency Mgmt,LLC;Engineers Constructorslnc P. O. Box 22625 Jackson, MS 39202 A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY I PRO- JECT I LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB EXCESS LIAB DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below. OCCUR CLAIMS -MADE Y/N N N/A X WCJZ91454190012 04/01/11 EACH OCCURRENCE . $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident). $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) $ IEACH OCCURRENCE AGGREGATE 04/Ol/131 XITORYLIAMITSI IOER E.L. EACH ACCIDENT I E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Fleetwood Ground Storage Tank Rehabilitation Project $ 1,000,000 $1,000,000 $ 1,000,000 10 Day Notice of Cancellation for Non-payment of premium. / 30 Day Notice for other reasons. Waiver of Subrogation applies to certificate holder, as respects Workers Compensation policy as required by written contract. Any Notice of Cancellation will be sent to Dept. Director, City of Fort Worth, 1000 Throckmorton, Fort Worth, TX 76102 CERTIFICATE HOLDER Fort Worth Water Department City of Fort Worth Attn:Water Dept. Director 1511 llth Avenue Fort -Worth, TX 76102 USA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) betpick 28368693 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SUPPLEMENT TO CERTIFICATE OF INSURANCE NAME OF INSURED: Neel -Schaffer, Inc. Maptech, Inc., SoilTech Consultants, Inc., Premier Emergency Management,LLC Additional Description of Operations/Remarks from Paoe 1: Additional Information: The Producer will endeavor to mail 30 days written notice to the Certificate Holder named on the certificate if any policy listed on the certificate is cancelled prior to the expiration date. Failure to do so shall impose no obligation or liability of any kind upon the Producer or otherwise alter the policy terms. DATE 07/19/2012 SUPP (05/04) M&C Review Page 1 of 2 DATE: CODE' U C SUBJECT: 7/17/2012 NO.: C TYPE - A COUNCIL ACTION: Approved on 7/17/2012 REFERENCE LOG 60FLEETWOODGSTREHABNEEL- **C-25737 NAME SCHAFFER PUBLIC CONSENT HEARING: NO Authorize Execution of an Engineering Agreement with Neel -Schaffer, Inc., in the Amount of $90,927.00 for the Fleetwood Ground Storage Tank Rehabilitation Project Located at 15201 FAA Boulevard (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council authorize the execution of an engineering Agreement with Neel -Schaffer, Inc., in the amount of $90,927.00 for the Fleetwood Ground Storage Tank Rehabilitation Project located at 15201 FAA Boulevard. DISCUSSION: The Fleetwood 5.5 million gallon ground storage tank was constructed in 1987 and provides potable water storage for areas in east Fort Worth After 25 years of service, the existing coating system is in need of replacement, as required, to protect the structural steel from corrosion. On January 12, 2012, a Request for Proposals was issued for several Water Department projects including potable storage tank rehabilitation projects. On February 10, 2012, a total of five proposals were received from engineering consultants for the tank rehabilitation projects. A Staff consultant selection committee recommended Neel -Shaffer, Inc., for the Fleetwood ground storage tank rehabilitation project. As part of the work, Neel -Schaffer, Inc., will test the existing coatings for heavy metals and perform a structural inspection of the tank. A preliminary design report recommending existing coating removal and disposal methods structural repairs and proposed coating system will be prepared. Upon approval of this design report, the engineer will prepare plans, specifications and cost estimates, provide bidding assistance and perform the construction management and on -site inspection for the rehabilitation project. Neel -Schaffer, Inc., is in compliance with the City's M/WBE ordinance by committing to 15 percent M/WBE participation. The City s goal on this project is 15 percent. The project is located in COUNCIL DISTRICT 5. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. http://apps.cfwnet.org/council_packet/mc_review.asp?ID= 1 7049&councildate=7/1 7/20 12 7/20/2012 M&C Review Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers P253 531200 605180195380 $90.927.00 Submitted for Citv Manager's Office bv: Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Chris Harder (8293) ATTACHMENTS 60FleetwoodGSTRehabNeel-Schaffer Map.pdf http://apps.cfwnet.org/counckpacket/mc_review.asp9ID=1 7049&councildater=7/1 7/20 12 7/20/2012