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Contract 43494 (2)
ertillf (1-4-1 (01:9Vitfig\VII CITY OF FORT WORTH, TEXAS STANDARfl AGREEMENT FOR k ,NGINEERING RELATE® DESIGN SERVICES This AG EEl- M I- NT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Kellogg Brown & Root Services, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Eastwood Elevated Storage Tank Rehabilitation Project. Article 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 ENGINEER 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 04/06/2012 Page 1 of 16 00-1 4 - 12 Al 1 • ©IV "\ ;;f 1 vr'1 G� vu \5\18[,r�«'C J� `111 1 (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 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. 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 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 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 pnce 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 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/VVBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not 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 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 pnor 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. j. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. 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 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. 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 critena 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 -equired 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 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 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 appropnate 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 written Notice to Proceed from the CITY. B Reuse of Project Documents All designs, drawings, specifications documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT whether the PROJECT is completed or not Reuse, 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; 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. 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 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 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 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 Engineering 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 I -11 day o BY: CITY OF FORT WORTH -.77,t44.•44/4 Fernando Costa Assistant City Manager Date: 8/13/it APPROVAL RECOMMENDED: (1 B ( S Frank Crumb, PE Director, Fort Worth Water Deprtament f � , 2012. BY: ENGINE, R Kellog• Brown & Root Services, Inc. V N ck ISaaie Executive Director Date: APPROVED AS TO FORM AND MC No.: LEGALITY B Douglas W. Black Assistant City Attorney ATTEST: 22' l .-kase/9' Mary J. City Secretary M&C Date: �' off�FOlbot'a oop0000�'Ace °O.•% o Q.0 OA moaQ t 175•01._, -d 0-110 8410 4) blb ,300000 �0�� ACAS fc, 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 FORT WORTH Water Department FORT WORTH WATER DEPARTMENT EASTWOOD Eli REHABILITATION SCOPE OF KBR SERVICES PROJECT OVERVIEW AND GOALS The intent of this Scope is to provide Engineering Services to evaluate the condition, design needed repairs, prepare construction documents, assist with bidding and assist with construction administration services to rehabilitate the Eastwood Elevated Water Storage Tank for the Fort Worth Water Department (FWWD). The Eastwood elevated tank is in need of repair to protect the public health and to maintain compliance with State Drinking Water System regulations (TCEQ Chapter §290.46 (m) (1)). The tank coating systems have deteriorated to the point where damage to the tank structure is evident, especially at the interior ladders, roof rafters, vents and roof shell. Some level of structural corrosion is obvious at various locations. This Scope of Work describes the effort to be performed by KBR and it subconsultants as the Engineer of Record for the evaluation of needs and design of the repairs, permitting, utility coordination, bidding and construction administration and selective inspection services during construction required to restore the tank to sound operating condition. It is understood that the work is to be performed on a fast -track basis utilizing record information provided by FWWD to assure that the work can be completed and the tank returned to service by April 1, 2013. Time is of the essence and existing, unverified/unverifiable information (subsurface utility locations and conditions; topographic, legal boundary and ownership mapping; floodplain information, etc.) supplied by FWWD, will be used by KBR to achieve FWWD's schedule goals. PROJECT This scope of work includes the following four phases of services in support of the Eastwood Elevated Water Storage Tank (Eastwood EST) condition evaluation, repairs design, bidding and CM/Inspections: 1. Preliminary Engineering Design Report per TCEQ Chapter §290.46 2. Detailed Design 3. Bidding Assistance 4. Construction Administration and Selective Inspection Services FORT WORTH Water Scope of Services A. TASK 100 � CONDITION ASSESSMENT � PRELIMINARY DESIGN 1.01 Project Execution Plan (PEP) - The ENGINEER will preare and implement a PEP, to include a) Scope, Schedule, and Fees 0 Change Management Plan b) Health and Safety Plan g) Cost Management Plan c) Design Criteria, Guidelines h) Risk Management Plan d) Project Communication Plan i) Quality Assurance/Quality Control e) Staffing Management Plan (QA/QC) Plan 1.02 Kick-off Meeting - The ENGINEER will conduct one meeting with the FWWD to confirm goals, schedule, and deliverables as well to review our approach for the project. 1.03 Field and Record Investigation - The ENGINEER will complete a walk of the site and finalize the review of existing survey data, land owner information, and existing utility maps as well as available record drawings (as -built drawings). ENGINEER shall advise FWWD regarding the need for supplmental data collection or production to be undertaken as a SPECIAL SERVICE. 1.04 Surveying: Excluded 1.05 Perform a Condition Assessment - The ENGINEER will perform a condition assessment of the existing tank generally in accordance with AWWA D101 - Inspection and Repair ofSteel Water Tanks, Chapter 290of the TCEQ Regulations and other applicable regulations and generally accepted industry standards. We will coordinate with the City to limit down time of the tank and make entry in accordance with all OSHA life safety rules. a) Ultrasonic thickness testing will be performed on selected steel surfaces to determine extent of corrosion damage and steel section loss. b) Interior and exterior paint samples will be collected and tested to determine lead content and what, if any abatement procedures will be required. c) Adhesion testing will be performed in accordance with ASTM 3359 on the exterior coating of the tank. The test will be used to determine whether or not the coatings are sufficiently adhered to be over -coated. This will aid in determining when coating maintenance or replacement should be performed. d) Provide written report with pictures of interior and exterior surfaces condition. e) Provide completed TCEQ Potable Water Storage Tank Inspection Form. 0 Provide recommended maintenance schedule with budget estimates. 1.06 Develop Construction Sequencing Plan - The ENGINEER will develop a sequencing plan to minimize service disruptions during inspections as well as tank service outage for construction/rehabilitation. 1.07 Prepare Preliminary Design Report - The ENGINEER will prepare a Preliminary Design Report (PDR) to include the inspection report and will also include summary evaluation of alternatives to rehabilitate the tank and extend its service life within the budget constraints established by FWWD. The ENGINEER will provide the PDR in PDF format for FWWD review. The ENGINEER will prepare and present engineer's opinion of probable construction cost as part of the PDR. Upon receipt of approval, detail design will commence. KBR 2 120526 EASTWOOD TANK Scope of Services_Final.doc FORT WORTH Water B. TASK 200 - DETAILED DESIGN FOR TANK REHABILITATION 2.01 Prepare Construction Documents — The ENGINEER will prepare detailed plans, technical specifications, contract documents, designs, and layouts of improvements to be constructed, generally as described and approved in the Preliminary Design Report. The ENGINEER will prepare the technical specifications in conformance with the sixteen -division format of the Construction Specifications Institute (CSI format) and will be based on ENGINEER's master specifications utilizing FWWD General Conditions as modified by ENGINEER via mutually agreeable Supplemental Conditions as deemed best -for -project. 2.02 Continued Coordination with Utilities and Permitting — The ENGINEER will furnish the FWWD, when requested, the engineering data necessary for FWWD S submittal of applications for routine permits required by local, state, and federal authorities. The ENGINEER will furnish such information necessary to utility companies whose facilities may be affected by or services may be required for the project. 2,03 Update Engineer's Opinion of Probable Construction Cost (OPCC) — The ENGINEER will provide updated opinions of cost for budget purposes at the sixty percent (60%) and ninety percent (90%) completion. The ENGINEER'S projection of construction costs will be based on materials and labor prices prevailing at the time of preparation, without consideration of inflationary increases in cost. 2.04 Conduct Progress Meetings — ENGINEER will conduct design progress meetings with the FWWD at the sixty percent (60%) and ninety percent (90%) complete stages. 2.05 Conduct In -House OA/OC Workshops — ENGINEER will conduct up to two (2) in-house Quality Assurance and Quality Control (QA/QC) workshops. The ENGINEER'S QA/QC review team shall consist of staff members with greater than 20 years water utility experience. 2.06 Furnish Review and Final Plan Sets — The ENGINEER shall furnish electronic (PDF) versions of interim plans, specifications, and contract documents at the sixty percent (60%) and ninety percent (90%) completion points. Upon completion of design, ENGINEER will furnish ten (10) half -sized un-conformed sets. 2.07 Present Engineer's Opinion of Construction Cost (OCC) — Prepare a detailed statement of the ENGINEER'S opinion of the construction costs based upon the final design developed. The ENGINEER'S projections of construction cost will be based on materials and labor prices prevailing at the time of preparation, without consideration of inflationary increases in cost. 2.08 Submit Plans to Applicable Agencies — The ENGINEER will submit plans, specifications, and contract documents to applicable regulatory agencies for approval. C. TASK 300 - ADVERTISEMENT PHASE SERVICES ENGINEER will provide advertisement -phase services (as described below) to support one (1) construction project described above. FWWD shall post bidding documents and addenda (if any) on its web -based construction management platform; Buzzsaw. 3,01 Conduct Bid Administration— FWWD will prepare the bid advertisement for the FWWD'S publication in local media. The ENGINEER will assist the FWWD during bid advertisement by providing full-size and half-size sets of plans and specifications, up to five, to plan rooms identified by the FWWD. ENGINEER will furnish sets of full-size and half-size sets of construction plans, specifications, and contract documents for the PROJECT to prospective bidders at rates adequate to recover printing and binding costs, not Tess than $50lset. The ENGINEER shall maintain a planholders log. The non-refundable deposit received from prospective bidders for receipt of plans, specifications, and contract documents will be retained by ENGINEER to offset the ENGINEER'S cost of printing, distributing, and handling said documents. KBR 3 120526 EASTWOOD TANK Scope of Services_Final.doc FORT WORTH Water 3.02 Pre -bid Conference — The ENGINEER will prepare for and participate in one (1) pre -bid conference at facilities to be arranged by FWWD and/or at the PROJECT site. 3,03 Interpret Construction Plans and Issue Addenda — The ENGINEER will assist the prospective bidders in interpreting the construction plans and specifications through the preparation and issuance of addenda. All addenda items will be reviewed by the FWWD prior to release. 3.04 Pre -Qualification Package -ENGINEER will prepare a pre -qualification questionnaire packet to be distributed to prospective bidders, the ENGINEER will closely coordinate the contents of this package with the FWWD. The ENGINEER shall assist in the FWWD's review of same and provide written recommendations as needed. 3.05 Furnish Recommendation of Award — The ENGINEER will assist the FWWD in the opening, tabulating, and analysis of the bids received and furnish recommendations on the award of the contracts or the appropriate actions to be taken by the FWWD. D. TASK 400 o CONSTRUCTION ADMINISTRATION: Resident Project Representative (Part Time) ENGINEER shall furnish a Resident Project Representative (RPR) on a part time basis to observe the progress and quality of the Work. The RPR will be Engineer's employee or agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer and Owner regarding RPR's actions. RPR's dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR's dealings with Subcontractors shall be through or with the full knowledge and approval of Contractor. The ENGINEER and the FWWD agree that Buzzsaw shall be the primary construction document management platform. ENGINEER shall provide a properly trained and certified coatings inspector to provide a limited number of quality assurance inspections in support of the RPR and in accordance with the hold -point schedule to be provided in the construction specifications. The inspection budget assumes approximately 10 welding, 25 coating, and 5 miscellaneous hold -point inspections will be required to provide adequate quality assurance. 4,01 Assist in Conducting Pre -construction Conference: The ENGINEER will assist the FWWD in conducting pre -construction conference with the Contractor, review construction schedules prepared by the Contractor pursuant to the requirements of the construction contract, and review the proposed estimate of monthly cost, as prepared by the Contractor. 4.02 Schedules: The ENGINEER will review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with the FWWD concerning acceptability. 4.03 Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 4.04 Shop Drawings and Samples: a) The RPR shall record date of receipt of Samples and approved Shop Drawings. b) The RPR shall receive Samples which are furnished at the Site by Contractor, and notify the ENGINEER of availability of Samples for examination. c) The ENGINEER shall review samples catalog data, schedules, shop drawings, laboratory, shop and mill test reports or material and equipment and other data which the Contractor submits. This review is for the benefit of the FWWD and covers only general compliance with KBR 4 120526 EASTWOOD TANK Scope of Services_Final,doc FORT WORTH Water the information given by the Construction Contract Documents. It does not relieve the Contractor of any responsibility such as dimensions to be confirmed and correlated at the job site, appropriate safety measures to protect workers and the public, or the necessity to construct a complete and workable facility in accordance with the Construction Contract Documents. 4,05 Modifications: The RPR shall consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR's recommendations, to the ENGINEER. The RPR shall transmit to Contractor in writing decisions as issued by The ENGINEER. 4.06 Review of Work and Resection of Defective Work: a) The RPR shall conduct on -Site observations of Contractor's work in progress to assist the ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. b) The RPR shall report to the ENGINEER whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise the ENGINEER of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 4.07 Inspections, Tests, and System Startups: a) The RPR shall verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. b) The RPR shall observe, record, and report to the ENGINEER appropriate details relative to the test procedures and systems start-ups. 4.08 Records: a) The RPR shall record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. b) The RPR shall maintain records for use in preparing Project documentation. 4.09 Reports: a) The RPR shall furnish to the ENGINEER periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b) The RPR shall draft and recommend to the ENGINEER proposed Change Orders, Work Change Directives, and Field Orders. He/she shall also obtain backup material from Contractor. c) The RPR shall immediately notify the ENGINEER of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Hazardous Environmental Condition. KBR 5 120526 EASTWOOD TANK Scope of Services_Final.doc FORT WORTH Water 4.010 Completion: a) The RPR shall participate in a Substantial Completion inspection, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. b) The RPR shall participate in a final inspection in the company of the ENGINEER, Owner and Contractor and prepare a final list of items to be completed and deficiencies to be remedied. c) The RPR shall observe whether all items on the final list have been completed or corrected and make recommendations to the ENGINEER concerning acceptance and issuance of the Notice of Acceptability of the Work. 4.011 The RPR shall not: a) Undertake any of the responsibilities of Contractor, Subcontractors or Suppliers. b) Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. c) Advise on, issue directions regarding, or assume control over safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 4.012 Reply to Requests for Information — The ENGINEER shall interpret the requirements of the Construction Contract Documents and act as the impartial judge of the performance there under by both the FWWD and the Contractor. At the written request of the FWWD, the ENGINEER will be required to make certain interpretations of the contract documents. These interpretations shall be in the form of written recommendations and conclusions sent to the appointed representative of the FWWD. 4.013 Perform Field and Laboratory Testing — The ENGINEER shall perform engineering services for field and laboratory tests of, materials as follows: a) Establish the scope and criteria for all necessary material sampling material testing, and other applicable test procedures which in the opinion of the ENGINEER are required for construction control to demonstrate compliance by the Contractor with the plans and specifications. The FWWD will be advised on all such matters. The ENGINEER shall recommend a qualified materials testing laboratory to the FWWD for use on the PROJECT. 4.014 Provide Record Drawings — The ENGINEER will revise construction drawings (unless complete redrawing is required) with the assistance of the FWWD'S Resident Project Representative to conform with construction records. Shop drawings, calculations or other engineering products signed by others related of the projec (Contactor's Engineer) will be incorpated into the record drawings as appropriate in accordnace with the Texas Engineering Practice Act. Furnish one (1) full-size set of construction drawings on reproducible media within sixty (60) days following completion of the PROJECT and receipt of the field -marked drawings from the Construction Contractor. Furnishing record drawings on electronic media, if desired by FWWD, will be performed as a SPECIAL SERVICE 4.015 Web -based Proiect Document System — The ENGINEER will use FWWD's standard web -based project documentation system for all project -related correspondence. The ENGINEER and the CONTRACTOR will use system for submittal of all project documents. KBR 6 120526 EASTWOOD TANK Scope of Services_Final.doc FORT WORTH Water ADDITIONAL SERVICES Additional Services are those services which are not included in the Basic Services, but may be needed at some time during the execution of the project. These ADDITIONAL SERVICES will be authorized on an as - required basis by a separate notice to proceed from the FWWD, with an equitable increase in the not -to - exceed amount for the project. ADDITIONAL SERVICES include the following: 1. Underwater inspection of tank (diving). 2. Surveying (Boundary, Topographic, SUE or other) 3. Geotechnical investigations or engineering 4. Structural engineering other than for replacement of members in kind 5. Floodplain review, hydrology or hydraulics or site civil design associated with drainage and/or flood mitigation. 6. Travel outside of the D/FW area. 7. Reproduction of additional reports or contract documents not specifically identified as a Basic Service. 8. Preparation of Section 404 environmental permitting for U.S. Army Corps of Engineers consideration or related wetlands, environmental, or antiquities assessment for PROJECT. 9. Provide supporting information to the FWWD in support of their funding source for this project such as, but not limited tos Economic Development Agency grant or Texas Water Development Board 10. Response and incorporation of any FWWD comments received past 15 calendar days from any submittal. 11. Any design or construction support relating to chemical feed equipment. 12. Any design or construction support relating to landscape modification beyond replacement of existing materials in kind 13. Site investigation of location of existing utilities ("potholing"), including determination of line locations and elevations. 14. Computer modeling of distribution system including water quality or tank fluid dynamics. 15. Contracting, coordination of, and payment to construction testing laboratory. 16. Services required for acquisition of land, easements, and right-of-way. 17. Services required for re -bidding work. 18. On- or off -site materials testing. 19. Modification or reprogramming of existing SCADA system 20. Services related to remote monitoring of surveillance cameras provided at the site. Surveillance cameras, if required, are assumed to be for local video recording only. 21. Any work not identified as Basic Services above. KBR 7 120526 EASTWOOD TANK Scope of Services_Final.doc ATTACHMENT B COMPENSATION Design Services for Eastwood Elevated Storage Tank Rehabilitation Project City Project No. 01949 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: 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 3.175. 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. 11. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B PMO Official Release Date: 5,19,2010 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm P rime Consultant KBR Primary Responsibility Design and Management P roposed M/WBE Sub -Consultants Jaster-Quintanilla Construction observation Fee Amount $94,031 OA 61.2% $27,100 17.6% N on-M/WBE Consultants Dunham Condition assessment; $32,500 21.2% Engineering coating/welding inspection Project Number & Name Eastwood Elevated Storage Tank Rehabilitation Project TOTAL $153,631 100% Total Fee $153,631 M/WBE Fee $27,100 M/WBE % 17.6% City M/WBE Goal = 14% Consultant Committed Goal = 17.6% 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 ATTACHMENT B1: Detailed Budget Ft Worth Water Department Eastwood EST Major Tasks TASK 100 — CONDITION ASSESSMENT - PRELIMINARY DESIGN 100.001 100.002 100.003 100.004 '100.005 100.006 100.007 100.008 Project Execution Plan (PEP) Kick-off Meeting Field and Record Investigation Surveying (NIC) Perform a Condition Assessment Develop Construction Sequencing Plan Prepare Preliminary Design Report Preliminary Opinion of Probable Cost Estimate TASK 200 - DETAILED DESIGN FOR TANK REHABILITATION 200.001 200.002 200.003 200.004 200.005 200.006 200.007 200.008 Prepare Construction Documents Continued Coordination with Utilities and Permitting Update Engineer's Opinion of Probable Construction Cost (OPCC) Conduct Progress Meetings Conduct In -House QA/QC Workshops Furnish Review and Final Plan Sets Present Engineer's Opinion of Construction Cost (OCC) Submit Plans to Applicable Agencies TASK 300 - ADVERTISEMENT PHASE SERVICES 300.001 I Conduct Bid Administration 300.002 Pre -bid Conference 300.003 Interpret Construction Plans and Issue Addenda 300.004 Pre -Qualification Package 300.005 Furnish Recommendation of Award TASK 400 - CONSTRUCTION MANAGEMENT - Resident Project Representative 400.001 Assist in Conducting Pre -construction Conference 400.002 Schedules 400.003 Conferences and Meetings: Shop Drawings and Samples: 400.004 Review of Work and Rejection of Defective Work: 400.005 Ins?ections, Tests, and System Startups. 400.006 Maintain records for use in preparing Project documentation. 400.007 Periodic repgrts 400.008 Change Orders, Work Change Directives, and Field Orders. 400.009 Substantial Completion 400.010 Final Ins ection 400.012 Reply to jjQuests for Information 400.013 Perform Field and Laboratory Testing. 400.014 Provide Record Drawings I I I I I I I PM/DM 13 1 4 1 2 2 2 1 36 12 4 8 al I 41 I 10 2 2 2 2 2 24 2 2 2 21 21 21 21 21 21 21 PE 8 4 2 2 10 4 2 4 4 4 0 EIT Sr CADD Admin QC CADD 52 4 12 8 4 12 12 88 40 4 8 16 41 28 4 8 12 4 40 20 4 4 81 8 41 41 4 36 12 8 4 16 4 4 11 2 2 2 2 2 1 14 8 2 4 39 24 2 12 12 1 I 1 96 0 48 8 8 8 8 8 8 8 8 4 4 4 4 4 41 41 41 41 41 41 8 1 3 1 2 1 20 12 2 4 2 7 2 2 1 2 0 MWBE Subtotal LABOR (incl subs) ODC's @ 4% TOTAL JQ DEI 40 $ 500 $ $ 500 $ 20 20 120 120 $ $ 1,000 500 $ 500I 0 $ 0 $ 25,600 $ 320 $ 3,200 $ 4,800 $ 4,800 $ 4,800 $ 960 $ 960 $ 960 $ 960 $ 960 $ 960 $ 960 $ 960 $ 27,100 17.64% I I 1 21,500 $ $ 500 $ $ $ 13,000 $ 1,000 $ 5,000 $ 2,000 $ $ 6,000 $ 3,000 $ $ 1,000 $ 1,000 $ 1,000 $ $ 5,000 $ 5,000 $ 32,500 $ $ $ $ $ $ $ 24-May-12 Sub -total 41,222 1,065 2,582 1,703 16,906 3,870 10,286 4,810 40,748 20,784 445 4,204 5,194 4,666 1,956 1,730 1,770 I 12,5631 3,486 1,037 5,596 1,087 1,358 53,189 352 5,147 6,907 6,907 6,907 2,683 2,683 2,683 2,683 2,683 2,683 8,183 2,683 $ 147,722 $ 5,909 $ 153,631 KBR Confidential 5/29/2012 Eastwood EST Budget Scope 120524.xls5-25 -Detail TAS Budget FORT WORTH Water ATTACHMENT C Department FORT WORTH WATER DEPARTMENT EASTWOOD EST REHABILITATION AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES NOT USED KBR ID Task Name ATTACHMENT D - PROJECT SCHEDULE Eastwood Elevated Storage Tank Rehabilitation 1 TASK 100 — CONDITION ASSESSMENT - PRELIMINARY DESIGN 2 3 4 5 6 7 8 9 10 Notice to Proceed Partnering/Kickoff Meeting Review Existing Drawings and Assessement Reports Field Reconnaissance & Condition Assessment 11 12 13 14 Develop Alternatives, Preliminary 30% Design Develop Preliminary Design Report Deliver Preliminary Design Report TASK 200 - DETAILED DESIGN FOR TANK REHABILITATION 60% Design Documents Design Review FORT WORTH WATER lul'12 1 Aua'12 i Seri '12 1 Oct '12 Nov '12 Dec '12 Jan '13 Feb '13 Mar '13 1 Aor'13 1 Mav'13 Jun '13 1 Jul '13 19.1623'3016 13.20.27i3110172411 18 152229 5 121926 3 10172431 7 142128 4 1118251411182511 18:152212916 131202713 10172411 18 152229 rn,m,,,„ ) Phase I: Preliminary Design 90% Design Documents and OPCC Bid -Ready Review 15 16 17 100% Design, Plans, Specifications and Final OPCC TASK 300 - ADVERTISEMENT PHASE SERVICES Advertise Prebid Meeting 18 19 20 21 22 Advertise / Bid Phase Open bids 23 24 Award Bid Task 400: Construction Phase Services Construction Administration (Meetings, Submittals, etc) Final Walk thru and Punch list Record/ As -Built Drawings Eastwood Elevated Storage Tank Rehabilitation IC7/30/12 artnering/Kickoff Meeting Review Existing Drawings and Assessement Reports Field Reconnaissance & Condition Assessment Develop Alternatives, Preliminary 30% Design Develop Preliminary Design Report Deliver Preliminary Design Report Phase II: Final Design 0% Design Documents Design Review.* 9/28/12 ) 9r0% Design Documents and OPCC Bid -Ready Review p-10/12/12 7,100% Design, Plans, Specifications and Final OPCC Task r� 1 Milestone Split ,,,I Summary `r Progress Project Summary Phase III: Bidding and Contract Documents Advertise p-.10/22/12 Prebid Meeting-.10/31/12 --Advertise / Bid Phase External Tasks External MileTask Split Phase Construction Administr Final Walk thru Record/ FORT WORTH ' Attachment "E" - Eastwood Tank Rehabilitation Project sect r� CRENSHAW -1 EI9 ZHUGH 6" 1 GERRY P.V.Q. Eastwood Elevated Storage Tank Rehabilitation Project - 4256 Strong Avenue BERTHA 24" DI FiTZ-HUGH-'-$" -ANC. INSR LTR A A A ACOR®® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 7/31/2012 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 John L. Wortham & Son, L.P. CONTACT NAME: P. O. Box 1388 Houston, TX 77251-1388 INSURED Kellogg Brown & Root Services, Inc. 601 Jefferson Suite 3500 Houston TX 77002 COVERAGES PHONE IA/C. No. Extl: 713-526-3366 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE INSURER A : ACE American Insurance ComoanV INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : CERTIFICATE NUMBER' 13729669 REVISION NUMBER: FAX (AIC. Nol: 713-521-1951 NAIC i 22667 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 TYPE OF INSURANCE 'ADDL'SUBR' POLICY EFF POLICY EXP INSR WVD POLICY NUMBER IMM/DD/YYYY1 IMM/DD/YYYY) GENERAL LIABILITY ✓ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ✓ OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ✓ FE C LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS -MADE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N N/A HDOG25531711 11/1/2011 11/1/2012 ISAH08692130 11/1/2011 11/1/2012 WLRC4677081 A 11/1/2011 11/1/2012 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) REg Ft Worth Eastwood EST Rehab (pending job #) See attached for additional information CERTIFICATE HOLDER City of Fort Worth, Texas Attn: Mr. Chris Harder, PE 1000 Throckmorton Ft Worth TX 76102 ACORD 25 (2010/05) CANCELLATION LIMITS EACH OCCURRENCE $ PREMISESO(ERENTED occu ence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ $ $ $ $ WC STATU- O.TH- ✓ TORY LIMITS R E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ EACH OCCURRENCE $ AGGREGATE 5,000,000 10,000 5,000 5,000,000 5,000,000 5,000,000 5,000,000 2,000,000 2,000,000 2,000,0001 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 zrolout mothtmosAdi John L. Wortham & Son, L.P. 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERT NO.: 13729669 CLIENT CODE: 10KBRINC (HOU) Margot Greene 7/31/2012 7:48:56 AM Page 1 of 7 This certificate cancels and supersedes ALL previously issued certificates. TO CERTIFICA I'E HOLDER Our agency has issued the enclosed certificate of insurance on behalf of our client. We want to share with you some important infoiniation regarding certificates of insurance. The Texas Legislature passed and Governor Perry signed Senate Bill 425 to become effective January 1, 2012. After this date it will be illegal for an agent or insurance company to issue evidence of insurance on a certificate form that has not been approved by the Texas Department of Insurance (1'DI). It is also illegal for anyone to require an agent or insurance company to use a certificate form that has not been approved by the State. The law provides some guidance on the content and limitations of certificates, as follows: • A certificate is not an insurance policy and does not amend, extend, or alter the coverage afforded by the referenced insurance policy. • A certificate shall not confer to a certificate holder new or additional rights beyond what the policy and endorsements provide. • A certificate may not contain a reference to a legal or insurance requirement contained in a contract other than the underlying contract of insurance or endorsement to the insurance policy. • A person may have a legal right to notice of cancellation, nonrenewal or material change or any similar notice only if (1) the person is named within the policy or an endorsement to the policy, and (2) the policy or endorsement, or a state or rule, requires notice to be provided. • The law confirms that "a certificate of insurance that is executed, issued, or required and that is in violation with this chapter is void and has no effect." Additional information concerning the new law may be obtained by contacting the 1ll1 (800) 252-3439 or visiting the web site imp :// vww.tdi.texas.gov/rules/informal1216 html. For this reason, we may not be able to provide some of the specific certificate holder requested information which is outside the scope of the approved document. We are willing to explain each of these items and provide policy endorsements or other information subject to our client's approval. We hope you will understand our position and ask that you give us a call if you have any questions or comments. CERT NO.: 13729669 CLIENT CODE: 10KERINC (HOU) Margot Greene 7/31/2012 7:48:56 AM Page 2 of 7 This certificate cancels and supersedes ALL previously issued certificates. POLICY NUMBER: ISA H08692130 ENDT. #9 ADDITIONAL INSURED - DESIGNATED PERSONS OR ORGANIZATIONS Named Insured KBR, Inc. Policy Symbol Policy Number Policy Period ISA H08692130 11/01/2011 to 11/01/2012 Issued By (Name of Insurance Company) ACE American Insurance Company Endorsement Number 9 Effective Date of Endorsement The above is required to be completed only when this endorsement is issued subseauent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM GARAGE COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM EXCESS TRUCKERS COVERAGE FORM Additional Insured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. For a covered "auto," Who Is Insured is amended to include as an 'insured," the persons or organizations named in this endorsement. However, these persons or organizations are an 'insured" only for "bodily injury" or "property damage" resulting from acts or omissions of: 1. You. 2 Any of your "employees" or agents. 3. Any person operating a covered "auto" with permission from you any of your "employees" or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. Wm A ?tbtdrw &Sos, 4 P. Authorized Representative DA-9U74a (04/11) Page 1 of 1 CERT NO.: 13729669 CLIENT CODE: 10KHRINC (HOU) Margot Greene 7/31/2012 7:48:56 AM Page 3 of 7 This certificate cancels and supersedes ALL previously issued certificates. POLICY NUMBER: ISA H08692130 ENDT. #3 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named Insured Endorsement Number KBR, Inc. 3 ,Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA H08692130 11/01/2011 to 11/01/2012 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the DOIIov number. The remainder of the information is to be comoleted only when this endorsement is issued subseouent to the oreoaration of the oolicv. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM TRUCKERS COVERAGE FORM GARAGE COVERAGE FORM We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of the use of a "covered auto". The waiver applies only to the person or organization shown in the Schedule. Schedule Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. • Wm A Weeks & Seat LA Authorized Agent DA-13115 (12/02) Printed in U.S.A. CERT NO.: 13729669 CLIENT CODE: 10KERINC (HOU) Margot Greene 7/31/2012 7:48:56 AM Page 4 of 7 This certificate cancels and supersedes ALL previously issued certificates. POLICY NUMBER: HDO G25531711 ENDT. #12 ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT Named Insured I Endorsement Number KBR, Inc. 1 12 Policy Symbol Policy Number Policy Penod I Effective Date of Endorsement HDO G25531711 11/01/2011 to 11/01/2012 Issued By (Name of Insurance Company) ACE American Insurance Company insert the policy number. The remainder of the information is to be comoleted only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies all insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Section 11.2 — Who Is An Insured: e. Any person or organization that you are required to include as an additional insured under this policy because of a written contract that: 1) Is in effect during this policy period; and 2) Was executed prior to the "occurrence" of the "bodily injury" or "property damage"; and 3) Qualifies as an "insured contract" as defined in this policy. Such person or organization is an additional insured only for; 4) Coverage under Section 1 — Coverages, Coverage A. Bodily Injury and Property Damage Liability; and 5) Liability arising out of "your work" or "your product" for that additional insured; and 6) For the period of time required by the written contract and in no event beyond the expiration of this policy. In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract 7) The insurance provided by this endorsement shall be limited to the Limits of Insurance required by the written contract; and 8) This endorsement shall not increase the Limit of Insurance stated in the Declarations under Item 3. Limits of Insurance pertaining to the coverage provided herein. 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 the written contract specifically requires that this insurance apply on a primary or non-contributory basis. In accordance with the terms and conditions of the policy and as more fully explained in the policy, as soon as practicable each additional insured must give us prompt notice of any "occurrence" which may result in a claim, forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with all of the policy's terms and conditions. psi% Wevetast sea, LP. Authorized Agent 1 LD-21730 (01/07) Printed in U.S.A. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission CERT NO.: 13729669 CLIENT CODE: 10KBRINC (HOD) Margot Greene 7/31/2012 7:48:56 AM Page 5 of 7 This certificate cancels and supersedes ALL previously issued certificates. POLICY NUMBER: HDO G25531711 ENDT. #59 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG24040509 Insurance Services Office, Inc., 2008 Page 1 of 1 CERT NO.: 13729669 CLIENT CODE: 10KHRINC (HOU) Margot Greene 7/31/2012 7:48:56 AM Page 6 of 7 This certificate cancels and supersedes ALL previously issued certificates. Workers' Compensation Named Insured KBR, INC 601 JEFFERSON AVE., 37TH FLOOR HOUSTON TX 77002 Policy Period 11-01-2011 TO 11-01-2012 Issued By (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY I Insert the policy number. The remainder of the information is to be completed and Employers' Liability Policy Endorsement Number Policy Number Symbol: WLR Number: C4677081A Effective Date of Endorsement 11-01-2011 only when this endorsement is issued subsequent to the preparation of the policy. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS • For the states of CA, UT, TX refer to state specific endorsements. This endorsement is not applicable in KY, NH, and NJ. Authorized Agent 8785 WC 00 03 13 (11/05) Ptd. U.S.A. Copyright 1982-83, National Council on Compensation CERT NO.: 13729669 CLIENT CODE: 10KHRINC (HOU) Margot Greene 7/31/2012 7:48:56 AM Page 7 of 7 This certificate cancels and supersedes ALL previously issued certificates. ACORD„, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 4/1/2013 7/31/2012 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 Lockton Companies, LLC-1 Kansas City 444 W. 47th Street, Suite 900 Kansas City 64112-1906 (816) 960-9000 INSURED KBR, INC 1349510 601 JEFFERSON STREET,, SUITE 3500 HOUSTON TX 77002 CONTACT NAME: PHONE FAX LAIC, No, Ext): I (A/C, No): E-MAIL ADDRESS: INSURERS) AFFORDING COVERAGE INSURER A : Llovds of London I INSURER B : INSURER C: INSURER D : INSURER E : NAIC # INSURER F : I COVERAGES KELBRO1 Z CERTIFICATE NUMBER• 11939125 REVISION NUMBER: XXXXXXX 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. LTR TYPE OF INSURANCE IAINSR SWVD POLICY NUMBER IIMM/DDIYYYYIIIMM/DDYYEYYY) GENERAL LIABILITY A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR GEN'L AGGREGATE(GA1 LIMIT APPLIES PER: POLICY! JECOT - I I LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS UMBRELLA LIAR OCCUR EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ WORKERS COMPENSAT ON AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below PROFESSIONAL LIABILITY Y/N NOT APPLICABLE NOT APPLICABLE NOT APPLICABLE NOT APPLICABLE N/A N N GLOPR12010589 4/1/2012 4/1/2013 LIMITS EACH OCCURRENCE $ XXXXXXX PREMISES O(Ea occurrrence) $ XXXXXXX MED EXP (Any one person) $ XXXXXXX PERSONAL & ADV INJURY $ XXXXXXX GENERAL AGGREGATE $ XXXXXXX PRODUCTS - COMP/OP AGG $ XXXXXXX $ $ XXXXXXX $ XXXXXXX $XXXXXXX $ XXXXXXX $ EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX $ COMBINED SINGLE LIMIT !Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per acciden PROPERTY DAMAGE (Per accident) TWCYLTAIUS- S! OFTRH- E.L. EACH ACCIDENT $ XXXXXXX E.L. DISEASE - EA EMPLOYEE $ XXXXXXX E.L. DISEASE - POLICY LIMIT S XXXXXXX $1,000 000 PER CLAIM AND IN THE AGGREGATE DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES /(Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: FT. WORTH EASTWOOD EST REHAB (PENDING JOB #) CERTIFICATE HOLDER 11939125 CITY OF FORT WORTH, TEXAS ATTN MR. CHRIS HARDER, PE 1000 THROCKMORTON FT WORTH TX 76102 ACORD 25 (2010/05) 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 988-2010 AC ORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD M&C Review Page 1 of 2 DATE• CODE• C SUBJECT: CIL A COUNCIL ACTION: Approved on 7/17/2012 REFERENCE ** 60EASTWOODESTKELLOGG 7/17/2012 NO.: C-25736 LOG NAME BROWNANDROOT TYPE: CONSENT PUBLIC NO HEARING: Authorize Execution of an Engineering Agreement with Kellogg Brown & Root Services, Inc., in the Amount of $153,610.00 for the Eastwood Elevated Storage Tank Rehabilitation Project Located at 4256 Strong Avenue (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council authorize the execution of an engineering Agreement with Kellogg Brown & Root Services, Inc., in the amount of $153,610.00 for the Eastwood Elevated Storage Tank Rehabilitation Project located at 4256 Strong Avenue. DISCUSSION: The Eastwood 1.5 million gallon elevated storage tank was constructed in 1952. The last coating rehabilitation of the tank occurred in 1998. Recent inspections have revealed some structural damage of the tank resulting from failed coatings and associated corrosion of the structural steel. On January 12, 2012, a Request for Proposals was issued for several Water Department projects including potable water 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 Kellogg Brown & Root Services, Inc., for the Eastwood elevated storage tank rehabilitation project. As part of the work, Kellogg Brown & Root Services, 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. Kellogg Brown & Root Services, Inc., is in compliance with the City's M/WBE ordinance by committing to 18 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. TO Fund/Account/Centers FROM Fund/Account/Centers P253 531200 605180194980 $153,610.00 Submitted for Citv Manager's Office bv: Fernando Costa (6122) Originating Department Head: http://apps.cfwnet org/council_packet/mc review.asp?ID=17047&councildate=7/17/2012 7/20/2012 M&C Review Additional Information Contact: ATTACHMENTS 60EastwoodESTKeIIoaaBrownandRoot Map.pdf S. Frank Crumb (8207) Chris Harder (8293) Page 2 of 2 http://apps.cfwnet.org/council packet/mc_review.asp7ID=17047&councildate=7/17/2012 7120/2012