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HomeMy WebLinkAboutContract 45595 CITY,1 m CONTRACT r f1�4 ro{www � w NO. CITE'of FORT""FORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between he City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Carollo Engineers, Inc., authorized to do business in Texas,. (the "ENGINEER"), for a PROJECT generally described as. Village, Creel Dater Reclamation Facility Enclosure of Gaseous Chlorine & Sulfur Dioxide Storage Facilities Project Phase 1 Article I Scope of Services A. The Scope of Services is set forth loin Attachment A. Article 11 Compensation A. The ENGII EE 's compensation shall be in the amount of as set forth in Attachment B. 1 Article III k 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 yet forth in Attachment C to this AGREEMENT, to reasonably substantiate the invoices. (2) The issue e ' invoices fore all work performed Hsu under this AGREEMENT. Invoices are due and payable within 3 1 days of receipt` rwu!wk9tirnwwvmrcaNwmuawwswimr {s. nuY+x City of Fort Worth,Texas Standard Agreement for Engineedng Related Design services OFFIVAL u, Enclosure of Gaseous Chlorine&Sulfur Dioxide Storage Facilities Project April 29,201 , "� " K„e t PMO official'Release Gate:1/2812013 Page 1 of 17 ' . vun pv:lGaccllclDc>curentsdlinYT1Fert+ artlFrlar of Gaseous Chlorine a Sulfur Dioxide Storage aciliti�3tardard�re� rtdo ` 'rx Siu✓5 Y miry"t 1, �Irl V r (3) Upon completion of services enumerated in Article 1, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) 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 City of Fort.Worth,Texas Standard Agreement for Engineering Related Design Services Enclosure of Gaseous Chlorine&Sulfur Dioxide Storage Facilities Project April 29,2014 PMO official Release Date:112812013 Page 2 of 17 pw:llCarollo/Documents/ClientlTX/Fort Worth/Enclosure of Gaseous Chlorine a Sulfur Dioxide Storage Faciliti/Standard Agreement.docx the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Enclosure of Gaseous Chlorine&Sulfur Dioxide Storage Facilities Project April 29,2014 PMO official Release Date:1128/20/3 Page 3 of 17 pw:HCarollo/Documents/ClientfrX/Fort Worth/Enclosure of Gaseous Chlorine a Sulfur Dioxide Storage Faciliti/Standard Agreement.docx 5' PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract Documents. F. Opinions of Probable cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (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 ENG I NEER'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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Enclosure of Gaseous Chlorine&Sulfur Dioxide Storage Facilities Project April 29,2014 PMO Official Release Date:1/28/2013 Page 4 of 17 pw,llCarollo/Documents/ClientlTX/Fort Worth/Enclosure of Gaseous Chlorine a Sulfur Dioxide Storage Faciliti/Standard Agreement.docx contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE) (SBE) Participation In accord with the City of Fort Worth Business Diversity ordinance No. 20020--12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the IVIBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Enclosure of Gaseous Chlorine&Sulfur Dioxide Storage Facilities Project April 29,2014 PMO official Release Date:1128/2013 Page 5 of 17 pw:1lCarollo/Documents/ClienVTXlFort WorthlEnclosure of Gaseous Chlorine a Sulfur Dioxide Storage Faciliti/Standard Agreement.docx t (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. Insurance (1) Engineer's Insurance a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Enclosure of Gaseous Chlorine&Sulfur Dioxide Storage Facilities Project April 29,2914 PMO Official Release Date:112812913 Page 6 of 17 pw:llCarollo/Documents/ClienVTX/Fort Wo0ffinclosure of Gaseous Chlorine a Sulfur Dioxide Storage Faciliti/Standard Agreement.docx general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non--owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable, i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation --ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability—the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever Is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Enclosure of Gaseous Chlorine&Sulfur Dioxide Storage Facilities Project April 29,2014 PMO official Release Date:1128/2013 Page 7of 17 pw:f/Carollo/DocumentsfClientJTX/Fart Worth/Enclosure of Gaseous Chlorine a Sulfur Dioxide Storage FacilitUStandard Agreement.docx (2) General Insurance Requirements a, Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h, Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. L The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Enclosure of Gaseous Chlorine&Sulfur Dioxide Storage Facilities Project April 29,2014 PMO official Release Date:1/2812013 Page 8 of 17 pw:ll Carollo/Documents/ClientlTX/Fort Worth/Enclosure of Gaseous Chlorine a Sulfur Dioxide Storage Fad liti/Sta ndard Agreement.docx s 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. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. mY Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. City of Fort worth,Texas Standard Agreement for Engineering Related Design Services Enclosure of Gaseous Chlorine&Sulfur Dioxide Storage Facilities Project April 29,2014 PMO official Release Date:112812013 Page 9 of 17 pw,llCarolio/Documents/ClientrrXtFort Worth/Enclosure of Gaseous Chlorine a Sulfur Dioxide Storage Faciliti/Standard Agreement.docx 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 criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. AK city-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Enclosure of Gaseous Chlorine&Sulfur Dioxide Storage Facilities Project April 29,2014 PMO official Release Date:1/28/2413 Page 10 of 17 pw.//Carollo/Documents/ClientlTX/Fort Worth/Enclosure of Gaseous Chlorine a Sulfur Dioxide Storage Faciliti/Standard Agreement.docx e 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 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Enclosure of Gaseous Chlorine&Sulfur Dioxide Storage Facilities Project April 29,2014 PMO official Release Date:112812413 Page 11 of 17 pw:llCarollo/Documents/ClientlTX/Fort Worth/Enclosure of Gaseous Chlorine a Sulfur Dioxide Storage FacilitYStandard Agreement.docx A: (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement, (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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Enclosure of Gaseous Chlorine&Sulfur Dioxide Storage Facilities Project April 29,2014 PMO official Release Date:112812013 Page 12 of 17 pw:ll Carollo/Documents/ClientrTX/Fort Worth/Enclosure of Gaseous Chlorine a Sulfur Dioxide Storage Faciliti/Standard Agreement.docx may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The scope of services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties, K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Enclosure of Gaseous Chlorine&Sulfur Dioxide Storage Facilities Project April 29,2014 PMO Official Release Date:112812013 Page 13 of 17 pw:!l Carollo/Documents/ClienVTXIFort Worth/Enclosure of Gaseous Chlorine a Sulfur Dioxide Storage Faciliti/Standard Agreement.docx 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 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 PRCJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Enclosure of Gaseous Chlorine&Sulfur Dioxide Storage Facilities Project April 29,2014 PMO official Release Date:1/28/2013 Page 14 of 17 pw:1/Caro110/Documents/ClienYTX]Fort Worth/Enclosure of Gaseous Chlorine a Sulfur Dioxide Storage Fad litUStandard Agreement.docx F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party, H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors, I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F.; VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. observe and comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Enclosure of Gaseous Chlorine&Sulfur Dioxide Storage Facilities Project April 29,2014 PMC official Release Date:1/28/2013 Page 15 of 17 pw:llCarollo/Documents/ClienVTXtFort Worth/Enclosure of Gaseous Chlorine a Sulfur Dioxide Storage Faciliti/Standard Agreement.docx 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 Vl 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 D - Project Schedule City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Enclosure of Gaseous Chlorine&Sulfur Dioxide Storage Facilities Project April 29,2014 PMO Official Release Date:112812013 Page 16 of 17 pw:ll Carollo/Documents/ClientlTX/Fort Worth/Enclosure of Gaseous Chlorine a Sulfur Dioxide Storage FacilitVStandard Agreement.docx �I Executed and effective this the „ �. ����-�d y of May, 2014. BY: BY: CITY OF FORT WORTH CAR LLO ENGINEERS, INC., Oil OF I� ",. F rn n Co t a His n (Hutch) Musal'l m, P.E. Assistant City anager Vice President Date: lei Scott Hoff, P".E ,Senior Vice President Lt APPR LLR RECOMMENDED,: 71 S. Frank Crumb, P.E. Director, Water Department APPROVED AS TO FORM AND LEGALITY M&C, No.- C-267 zi III I WTI By: M&,C Datle: April 22, 2014 b 7660 g I as W bra"co_k Assistant City Attorney ATTEST; w" 0 P 's �� 0 \, "I ' ..........."Ma v J. Kayis-", 0 ry ,. 1N I City ,B � ratb �+ i ll '➢1�� °MMiItiN'�P^"WL+�'U'�YNMII�AACLll�IVdWNON�/A'X�@NIC@AI�dUN'WM1�Ii�Mi�I&A4.'�N�'u!� tl A �'' �HPN9� N%i m II6>xdR City of Fort Worth,Texas 0 Standard Agreement for Engineering Related Design Services � r,N , I � ', , M � 1 Enclosure of Gaseous Chlorine&Sulfur Dioxide Storage Facilities Project of April 2g,201 N°f�; inx PCB O Official Release Date.1/28/2013 Page 17 of 17 milli nan��� ar�m�r�ir�cr l�rrr���±+rc�uuua� vam�;v�mlwu�uNN<a�rrr�aur���rcNetN��vuI�auis��u�NNrr pry:llCarolln/®e urnentsJClienVT Fort WorlhiEnel'osure of Gaseous Chlorine a Sulfur Dioxide Storage Facilit"rl8tandard Agreement.daex I ATTACHMENT A CITY OF FORT WORTH VILLAGE CREEK WATER RECLAMATION FACILITY ENCLOSURE OF GASEOUS CHLORINE & SULFUR DIOXIDE STORAGE FACILITIES Phase 'I —Basis of Design April 29, 2014 GENERAL DESCRIPTION This Scope of Services provides the Scope of Work, the Payment Provisions, and Schedule for professional services associated with the Enclosure of Gaseous Chlorine & Sulfur Dioxide Storage Facilities at the Village creek Water Reclamation Facility(VCWRF). The Project will be organized in accordance with the City of Fort Worth Water Department's (FWWD) requirements for basis of design, preliminary design and, final design. This Scope of Services identifies the professional services to be provided for basis of design only. The project addresses the modifications, addition, or replacement of components generally associated with the following Project Elements. 1. chlorine Building: Replacement of piping and equipment inside the chlorine evaporator room and associated modifications. 2. Gaseous Chlorine Storage Area: Enclosure of storage tank and containment area. Scrubber to handle accidental leaks in the chlorine storage area. 3. Sulfur Dioxide Storage Area: Enclosure of storage tank and containment area. Scrubber to handle accidental leaks in the sulfur dioxide storage area. Evaluate existing feeder room scrubber capacity and ductwork. 4. Redundant Transformer: Redundant transformers with automatic transfer switch to provide power from either A or B service to the chlorine and sulfur dioxide facilities for added reliability. TASK SERIES 100 PROJECT AND QUALITY MANAGEMENT Task 101 Project Plan ■ Prepare a Project Plan, including quality management plan, staffing plan, and project delivery plan, project schedule, deliverables, and delivery plan. April 29, 2014 Page 1 of 6 pw://Carollo/Documents/Client/TX!Fort V4 lorlh/Enclosure of Gaseous Chlorine a Sulfur Dioxide Storage FacilitVAttachment A.docx E Identify information needed to complete the work and establish the contact information and procedures for the project, Task 102 Monthly Project Summary Reports and Invoices • Prepare a Project Summary Report during the preliminary and final design phases and monthly invoice throughout the project. The reports will summarize the project progress to date, work anticipated for the upcoming month, outstanding project issues, issues impacting project scope, issues impacting project schedule, issues impacting project cost, earned value summary, decision, action, and change logs. Invoices will be prepared in approved FWWD format based on the project progress. Task 103 Manage Subconsultants • Manage and coordinate the work efforts of the subconsutants participating in the project to achieve the goal of the city of Fort Worth's for minority participation. Prepare and review monthly billing as part of Monthly Summary Reports. The subconsultants anticipated to work on this project include Gupta &Associates Inc., JQ Infrastructure and Azcarate &Associates. Task 104 Quality Management • ENGINEER will manage the quality of the deliverables throughout the development of the project. Specific activities the ENGINEER will employ include: 1. Internal peer review of concepts by senior staff not directly involved with the Project. 2. Quality check of deliverables performed by a team of qualified senior staff. Task 105 Deliverables 1. Project Plan, 5 hard copies. 2. Meeting minutes, 1 copy to each attendee of each meeting, distributed by email in Portable Document Format (PDF). 3. Project Summary Reports (monthly), Portable Document Format (PDF). 4. Invoices (monthly), 1 hard copy. TASK[SERIES 200 BASIS of DESIGN The bases of design phase will confirm applicable codes and standards to be used in detailed design, develop design criteria, as well as identify, evaluate and select the alternatives for improvements which will be designed in future phases. Tasks associated with bases of design include: April 20, 2014 Page 2 of 5 pw:#Caro llo/Documents/ClienYTXIFort Worth/Enclosure of Gaseous Chlorine a Sulfur Dioxide Storage FacilitilAttachment A.docx Task 201 Meetings ENGINEER will conduct a project kickoff meeting to introduce the project team members, define project goals and objectives, and review the Project Plan and identify information needed to complete work and establish contact information and procedures for the project. ■ ENGINEER will meet with FWWD to review Project Status and discuss how the project is proceeding. Whenever possible, monthly status meetings will be scheduled in conjunction with other project meetings and workshops. Minutes for each meeting will be included in the next monthly Project Summary Report. A total of one (1) progress meeting is included in the budget, in addition to the workshops and kick-off meeting. Task 202 Site Visit and information Gathering • ENGINEER.will schedule one (1)formal site visits and information gathering session. The site visit will include both field and desktop/archive information gathering. The visits will be scheduled and coordinated with CITY staff and will be focused on Project Elements identified in the General Description Section. i ENGINEER will compile information collected from the site visits and discussions with CCFW staff, existing documents in order to provide an inventory of existing facilities and layout. Task 203 Alternative Evaluation Task 203.1 Codes and Standards Review ENGINEER will identify modifications required to bring current chlorine and sulfur dioxide storage areas into compliance with current codes and standards, including: • International Building Code (IBC) ■ International Fire Code • National Electric Code (NEC) • Chlorine Institute Standards • Texas Commission on Environmental Quality (TCEQ) Task 203.2 Chlorine Area and Scrubber ENGINEER will evaluate alternatives for enclosure of the chlorine storage tanks and scrubber technologies and configurations as well as April 29, 2014 Page 3 of 0 pw://Carol lofDocuments/ClientfTX/Fort Worth/Enclosure of Gaseous Chlorine a Sulfur Dioxide Storage FacifitUAttachment A.docx make recommendation for upgrading the evaporator room. The evaluations will be as follows: • Capacities and layout of new evaporators. ■ Up to three (3) alternatives for enclosure of the chlorine storage area. • Desktop review of up to three (3) chlorine scrubber technologies and development of up to two (Z) alternatives for evaluation. Investigation of safety features and enhancements that would minimize the size of enclosure and scrubber, such as automatic tank shutoff valves, additional leak detection devices, etc. • Findings will be summarized on slide format and presented in Focused Workshop meeting. Task 243.3 Sulfur Dioxide Area and Scrubber ENGINEER will evaluate alternatives for enclosure of the sulfur dioxide storage tanks and scrubber technologies and configurations. The evaluations will be as follows: Up to three (3) alternatives for enclosure of the sulfur dioxide storage area. Desktop review of up to three (3) sulfur dioxide scrubber technologies and development of up to two (2) alternatives for evaluation. Evaluation of existing sulfur dioxide scrubber capacity and ductwork. ■ Investigation of safety features and enhancements that would minimize the size of enclosure and scrubber, such as automatic tank shutoff valves, additional leak detection devices, etc. Findings will be summarized on slide format and presented in Focused Workshop meeting. Task 203.4 Redundant Transformer Configuration of redundant transformers with automatic transfer switch to provide power from either A or B service to the chlorine and sulfur dioxide facilities. • Findings will be summarized on slide format and presented in Focused Workshop meeting, April 29, 2014 Page 4 of 6 pw:flCarollo/Documents/ClienUTXJFort Worth/Enclosure of Gaseous Chlorine a Sulfur Dioxide Storage Faciliti/Attachment A.docx Task 204 Focused Workshops • Two (2)focused workshops will be held to present the findings from Task 203. Each focused workshop will be approximately four hours in length. The focused workshops will be working sessions to discuss specific issues in detail and generate comments and direction from CITY staff and make decisions for moving forward with the selected alternatives to be designed in future phases. The workshops will be organized as follows: Task 204.1 Focused Workshop Focused Workshop 1 will generally include discussion and alternative development on the following project items: 1. Chlorine evaporators and piping. 2. Chlorine and sulfur dioxide storage areas. 3. Chlorine and sulfur dioxide scrubbers. 4. Redundant transformers with automatic transfer switch. The discussion from Focused Workshop 1 will be summarized in a memorandum. Task 2042 Focused Workshop2 Focused Workshop 2 will generally include project elements that were not covered in Focused Workshop No. 1 or elements that require additional discussion before making a final decision. Specific topics will include: 1. Consensus on code and safety related upgrades and modifications. 2. Consensus on recommendations/decisions for chlorine and sulfur dioxide storage areas and scrubber configurations. 3. Consensus on required modifications or upgrades to be included in subsequent phases of the project. The discussion from Focused Workshop 2 will be summarized in a memorandum. It is assumed that there will be no further decision making meetings after Workshop No. 2. April 29, 2014 Page 5 of 5 pw.I/Carollo/Documents/ClientlTXIFort Worth/Enclosure of Gaseous Chlorine a Sulfur Dioxide Storage FaciiitVAtiachment A.docx Task 205 Deliverables Meeting minutes with the attached presentation, 1 copy to each attendee of each meeting, distributed by email in Portable Document Format (PDF). April 20, 2014 Page 6 of 6 pw://Carollo/Documents/ClienVTX/Fort Worth/Enclosure of Gaseous Chlorine a Sulfur Dioxide Storage Faciliti/Attachment A.docx ATTACHMENT B CITY OF FORT WORTH VILLAGE CREEK WATER RECLAMATION FACILITY ENCLOSURE OF GASEOUS CHLORINE &SULFUR DIOXIDE STORAGE FACILITIES Phase 1 —Basis of Design April 29, 2014 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 3.35 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. li. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Ex enses (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. A flat PECE charge rate of$ 11.70 per hour of staff member will be invoiced to cover project equipment and communication expenses. 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. April 29, 2014 Page 1 of 3 pw.tlCarollo/Documents/ClienYTX/Fort worth/Enclosure of Gaseous Chlorine a Sulfur Dioxide Storage FacilitVAttachment B.docx x ATTACHMENT B CITY OF FORT WORTH VILLAGE CREEK WATER RECLAMATION FACILITY ENCLOSURE OF GASEOUS CHLORINE &SULFUR DIOXIDE STORAGE FACILITIES Phase 1 —Basis of Design April 29, 2014 When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. ll. 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 accordance with the content presented in Exhibit B-1 - Fee Justification. D. Payment of invoices will be subject to certification by the City that such work has been performed, Ill. 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. April 29, 2014 Page 2 of 3 pw:llCarollo/Documents/ClienYTXIFort Worth/Enclosure of Gaseous Chlorine a Sulfur Dioxide Storage FacilitUAttachment B.docx ATTACHMENT B CITY OF FORT WORTH VILLAGE CREEK WATER RECLAMATION FACILITY ENCLOSURE OF GASEOUS CHLORINE &SULFUR DIOXIDE STORAGE FACILITIES Phase 1 —Basis of Design April 29, 2914 IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Carollo Engineers, Inc. Project oversight and management, mechanical $ 114,000.00 75.5% design, cost estimation, etc. Proposed MBEISBE Sub-Consultants Gupta &Associates, Electrical, instrumentation, and Inc. control $ 10,000.00 �•�°%� JQ Infrastructure, LLC Civil and Structural engineering $ 15,000-00 1 0. % Azcarate and Heating, Ventilation and air Associates Consulting conditioning $ 1 0,000.00 5.7°%4 Engineers (AACE, LLC). TOTAL $149.,L00-00 100% Project Number& Total Fee MBEISBE Fee MBEISBE % Name ENCLOSURE OF GASEOUS CHLORINE & $ 149 000.00 $ 35.000.00 23.5 % SULFUR DIOXIDE STORAGE FACILITIES City MBEISBE Goal = 15%Consultant Committed Goal = 23,5 % (Remainder of Page Intentionally Left Blank) April 29 2014 Page 3 of 3 pw:Jl CarollolDocuments lClientfTXlFort WorthlEnclosure of Gaseous Chlorine a Sulfur Dioxide Storage FaeilitilAttachment B.doex 1 t I I 1 + a i t i "W' J/a/rrrr/ i /> ri r ra r i total Gila / Cate 1E ,, % /�/% //// ��/, ,, �j/ Subtotal ���/�/ // Task Project&Quality 21,100 101 Project Plan 'Pr!�ect Plan Development - 102 Monthly Coordination,Summary Reports and: Inv+�r� Beet Coordination �hours/month Prey +�" i. Monthly R'�.r�yq'�.J�'�.Preparation e G4'rat,ioA 1 �months) �/ ,,,,,,,✓1;,, r��; ', �'�' �///��/i//�%y�/,�//�, Monthly Invoice Preparation months) ,,.... � '.. , 103 Manage Subcansultants Monthly Management hours/month for P 104 Quality Management&Fevre T Is of Design II1,000 1161500 111,0001 $ 127,91 21 Meetings K( a t.i.L.c! O 1 1 Meeting I Upto 1 /rrrrr ui,,,,,,,„ /// Monthly Status/Prc� �ress Meetings �Emi/�/,/%%��/%�1 Site n Gathering Visit and Inf�arr�rrati�a 9 Visit ,, ;lily/ Documentation Alternative Evaluation Codes and Standards Review , ' Chlorine Institute r Fire cede and Other Standards 03,2 Chlorine Area And Scrubber Evaporator Room Upgrade Enclosure Alternatives Scrubber alternatives Cost Estimates, I 2 ,. Sulfur Dioxide Area&Scrubber Enclosure alternatives ' r Scrubber alternatives Cost Estimates �,,,/i/ar r„���ii�iaoar,r�,,, /ii/./�„r/rrrr/���%/���/��✓��%%f/i�//�0��� I 203.4 redundant Transformer Options Cost Estimate 204 Focused Workshops Focused Workshop I Pre-Workshop Pre a ratio;nlReaea Attend'"u'e'rsho Prepare Memo to Document Workshop De " 3;r/�%///a/ilarri/�iaiiri%/%�i rrrr riiiiii�//�/rrr,,,,!!/,ai�/°+"/�%//���%/�//1/"��/��✓��j� ( ' r, 204.2 Focused Workshop 2 Pre-Workshop Preparation/Research: Attend' 'erlCShQp rr,,,,,rrrrrrr,/ r,,,,,,✓, Prepare Memo to Document Workshop Decision, aped :sw,r 9r i i rr 0 , ✓� i i i n/�i ,,r / / / .,. I � 6_-1 5 � �r , rrri'. j M/WB'E 23.:5% Anticipated MIWBE Participation 23.5% *perk-cep can Sub I E ATTACHMENT D: PROJECT SCHEDULE CITY OF FORT WORTH VILLAGE CREEK WATER RECLAMATION FACILITY ENCLOSURE OF GASEOUS CHLORINE &SULFUR DIOXIDE STORAGE FACILITIES Phase I — Basis of Design April 29, 2014 PROJECT SCHEDULE ENGINEER shall commence work immediately following notice to proceed (NTP). ENGINEER has reviewed the project with the CITY. The anticipated scheduled is outlined below. It is assumed that the anticipated review time for designated CITY staff will not exceed two weeks ten calendar days for technical memoranda and reports. Task Calendar Days Phase 1: Basis of Design 20 weeks from NTP CITY and ENGINEER mutually agree that they will work toward meeting the schedule. Should the Scope of Work be changed and/or should problems arise during the course of the work effort that could affect the above schedule, it is understood that both CITY and ENGINEER will develop a revised schedule and budget limit, if required, to address scope changes, delays or other problems. It is understood that the ENGINEER must proceed with the work during the review period in order to complete the work on schedule. (Remainder of Page Intentionally Left Blank) April 29,2014 Page 1 of 1 pw.//Carollo/Documents/ClienYTX/Fort Worth/Enclosure of Gaseous Chlorine a Sulfur Dioxide Storage Faciliti/Attachment D.docx ff -�� DATE(MMtDDIYYYYi ` c CERTIFICATE OF LIABILITY INSURANCE 04/29/2014 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. ff 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 Its of such endorsements. Pf*DUCER CONTACT NAME: FAX Marsh Program&Franchise NE 1 877-320-9393 we No k. 5'15-365-0895 a service of Seabury&Smith,Inc. E-MAtL�`�` p�O Box���� PRODUCER�_ : rislCmana ementC�marsh m.com Vendor ID:31459 Des Moines,IA 50306-9686 � ` Mi$[1RE�FORDING COVERAGE w NAJC# IltitsvlEV W INSURER A: Protective Insurance Com 2JnM. 12416 C a rollo Engineers INSUFMR B: 2700 Ygnacio Valley Road,#300 IrtsuRER G: Walnut Creek,CA 94598 -INSURER D: _ -- INSURER E., INSURER F COVERAGES CERTIFICATE NUMBER: 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. IN-SR DQ� UOR POLICY EFF POLICY EXP UNITS _ TYPE OF INSURANCE NAM POLICY NUMBER GENERAL LlA13II..ITY EACH OCCURRENCE DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY CLAIMS-MADE[7] OCCUR MEI7 EXP(AnY one:�ar:tvn w PERSONAL&ADV INJURY GENERAL AGGREGATE GEML AGGREGATE LIMIT APPLIES PER_ PRODUCTS-COMP/01P AGG POLICY PRO-[_ LOC $ AUTOMOBILE LIABILITY LIMIT Ea a SINGLE �I,0w.� LIMIT(Ea academy _ X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) A SCHEDULED AUTOS X X LE001009437056 10/17/2013 10117/2014 PROPERTY DAMAGE WW� HIRED AUTOS (Per ac ident) NON-OWNED AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE _ EXCESS LIAR CLAIMS-MADE AGGREGA TE DEDUCTIBLE _ RETENTI WORKERS COMPENSATION OR STATU- C3TH- AND EAR t0YERS`LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTNE❑ E.L.EACH ACCIDENT OFF ICEWW IaER EXCLUDED? (Mandatory In NH) E.L.diSEASE-EA EMPLOYEE If yes,desathe ender E.L DISEASE•POLICY LiI,AIl' DESCEIPIQU OF OPEBAMONS be DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101,Additional Remarks Schedule,It more space is required) GPHR:2x60 Poky provides protection W"&*U oPerativnsrjobs performed by#)e named itimmed where rewired by wrtrfen molfact.Ceffrate hokkT is an Addkkmf Insured where requgred by wrttten contract. Waiver of Subrogation kxiuded where required by written contract.Inswance is primary and n Pobey provides for 30 day wRice of cancel;atm or non-mnewai. ICE:Pests as on Fie with the Fred including but riot lirMed to:VMage Creek Water Redamation FaciFay EnckKwe of Gaseous Chkrine&SuMm Storage I`aclWes Ptuise I-Basis d Desir , Cana ProjW Jf:Not yet AssJjned- CERTIFICATE HOLDER CANCELLATION City of Fort Worth SHOULD ANY OF THE ABOVE DESCM13ED POLICIES BE CANCELLED S.Frank Crumb,R.E. BE ORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE Director Water Dept. DELFVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1 Q00 Throckmorlon AUTHORIZED RI"FRESJEHfATIV'E Fort Worth,TX 76102 ACORD 26(2009109) @ 1389-2009 ACORD CORPORATION. All rights re"rved. The ACORD name and I000 are reoistared marks of ACORD 3 f, POLICY NUMBED: LE001009437056 COMMERCIAL AUTO PIC ENT 1095 0512 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE of CANCELLATION I NON-RENEWAL PROVIDED BY US FOR DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Person(s)or Organization(s) Address City of Fort Worth 1000 Throckmorton Fort Worth,TX 76102 A. If we cancel this policy for any statutorily permitted reason other than nonpayment of premium,the number of days required for notice of cancellation, as provided in the Conditions Section of this insurance, or as amended by any applicable state cancellation endorsement applicable to this insurance, is increased to 30 days. B. If we do not renew this policy for any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of nonrenewal, as rovided in the Conditions Section.of this insurance, or as amended by any p applicable state endorsement applicable to this insurance, is increased to 30. C. We will mail notice of cancellation or nonrenewal to the person(s)or organization(s) shown in the schedule above 30 days before the effective date of the cancellation or nonrenewal. .z POLICY NUMBER.: LE001009437056 COMMERCIAL AUTO PIC ENT 1 003 0909 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS of RECOVERY AGAINST OTHERS TO Us This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Loss Condition S. Transfer of Rights of Recovery Against Others To Us (Section IV) is amended by adding the following: We waive any right of recovery we may have against any person or organization when you have agreed in a contract to such waiver prior to loss. This waiver shall apply only with respect to losses occurring due to operations undertaken in accordance with the contract existing between you and such person or organization. s 3 r��D� DATE(M MID DIYYYY) LL..f� CERTIFICATE of LIABILITY INSURANCE 4/29/2014 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 CONTACT Risk State ies Company NAME: Risk Strategies Com an 2040 Main #reef Suite 450 PHONE ( C ' A/C No Ex#. 949-242-9240 A1C No Irvine, CA 92 814 E-MAIL ADDRESS: syounq@(isk-strategies.com INSURER(S)AFFORDING COVERAGE NAIC# www.risk-strategies.com CA DOI License No.OF06675 INSURER A: Hanover Insurance Company 22292 INSURED INSURER B: Carollo Engineers INSURER C: Massachusetts Bay Insurance Company 22306 2700 YgnaCio Valley Road,#300 Walnut Creek CA 94598 INSURER D: Continental Casualty Corn an 20443 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 20047756 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❑F INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR WVD POLICY NUMBER MMIDDIYYYY MMlDDIYYYY A COMMERCIAL GENERAL LIABILITY ZHF8944892-03 12131/2013 12/31/2014 EACH OCCURRENCE $1,000:000 DAMAGE RENTED CLAIMS-MADE I—V/]OCCUR PREM SESOEa occurrence $ $1,000,000 MED EXP(Any one person) $ $25,000 PERSONAL&ADV INJURY $ $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ $2,000,000 POLICY JJE LOC PRODUCTS-COMP/OP AGG $ $2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED F=RETENTION$ $ C WORKERS COMPENSATION � WDF8957499-05 1213112013 1213112014 V/ R- STATUTE ER AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE Y 1 N NIA E.L.EACH ACCIDENT $ $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ $1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Professional Liability AEH288354410 7/4/2013 714/2014 Each Claim:$1,000,000 Unlimited Prior Acts Aggregate: $1,000,000 Deductible: $25,000 DESCRIPTION OF OPERATIONS t LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Projects as on file with the insured including but not limited to:Village Creek Water Reclamation Facility Enclosure of Gaseous Chlorine&Sulfur Storage Facilities Phase 1-Basis of Design.Carollo Project#:Not yet assigned.City of Fort Worth is included as additional insured with respects to General Liability and this policy is Primary.Waiver of Subrogation is included with respects to General Liability and Workers'Compensation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN S. Frank Crumb, P.E. ACCORDANCE WITH THE POLICY PROVISIONS. Director Water Dept. 1000 Throckmorton Fort Worth TX 78102 AUTHORIZED REPRESENTATIVE ` wx� (BSTN)Mike Christian @ 1988-2414 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD CERT NO.: 20007756 Debbie Richie 4/29/2014 9:56:26 AM (PDT) Page 1 of 8 Architects and-Engineers The following policy language is from Commercial General Liability Coverage Forms The following are mandatory forms on the policy identified on the Certificate of Insurance: 421-0080(01 03)COMMERCIAL GENERAL LIABILITYSPECIAL BROADENING ENDORSEMENT Additional Insured by Contract,Agreement or Permit Under Section I I Who Is An insured, Paragraph 4.is added as follows: 4. a. Any person or organization with whom you agreed,because of a written contract,written agreement or permit to provide Insurance Is an insured,but only with respect to: 0) "Your work"for the additional Insureds)at the location designated in the contract,agreement or permit; or (2) Premises you own,rent,lease or occupy. This Insurance applies on a primary basis if that is required by the written contract,written agreement or permit. b. This provision does not apply: (1) Unless the written contract or written agreement has been executed or permit has been issued prior to the"bodily injury","property damage",`personal injury'or"advertising injury". (2) To any person or organization Included as an Insured by an endorsement Issued by us and made part of this Coverage Part, (3) To any person or organization included as an insured under item 2 o this endorsement (4) Toanylessorof equipment: (a) After the equipment lease expires;or (b) If the"bodily Injury","property damage","personal injury"or"advertising Injury"arises out of sole negligence of the lessor. (5) To any: (a) Owners or other Interests from whore land has been leased which takes place after the lease for the land expires; or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be a tenant in that premises;or i(ii) The"bodily injury"�"property damage","personal injury"or"advertising n u r "arises out of structural alterations,new construction or demolition operations performed by or on behalf of the manager or lessor. • Aggregate Limit Per location (1) Under Section III -Limits of Insurance the General Aggregate Limit applies separately to each of your"locations Owned by or rented to you. (2) Under Section V—Definitions,definition 23,is added as follows: 23. "Location"means premises involving the same or connecting lots or premises whose connection is interrupted only by a street,roadway,waterway or right-of-way of a railroad. CG 2503(05 09) DESIGNATED CONSTRUCTION PROJECTS)GENERAL AGGREGATE LIMIT a Aggregate Limit of Insurance(Per Project) COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: Your projects away from prem ises owned by or rented to yo u A. For all sums which the Insured becomes legally obligated to pay as damages caused by'occurrences"under Section I—Coverage A, and for all medical expanses caused by accidents under Section I--Coverage C,which can be attributed only to ongoing operations at a single designated construction project shown In the Schedule above: 1_ A separate Designated Construction Project General Aggregate Limit applies to each designated construction project,and that Limit is equal to the amount of the General Aggregate Limit shown In the Declarations. 2.The Designated Construction Project General Aggregate Limit Is the most we will pay for the sum of all damages under Coverage A,except damages because of"bodily Injury" or"property damage" included In the"products-completed operations hazard",and for medical expenses under Coverage Cregardless of the number o: Includes copyrighted material of Insurance Services Offices,Inc.,with its permission CLRT NQ.: 20007755 Debbie Richie 4/29/2014 9:56:26 AM (PDT) Page 2 of 8 a.Insureds; b. Claims made or"suits"brought;or c. Persons or organizations making claims or bringing"suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate limit for that designated construction project.Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce a n y other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above 4. The limits shown in the Declarations for Each Occurrence,Damage to Premises Rented to You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the Insured becomes legally obligated to pay as damages caused by"occurrences"under Section'1-Coverage A,and for all medical expenses caused by accidents under Section 1-Coverage C,which cannot be attributed only to ongoing operations at a single designated construction project show in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate limit or the Products-completed Operations Aggregate Limit, whichever Is applicable;and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the"products-completed operations hazard" Is provided,any payments for damages because of"bodily Injury"or"property damage"Included in the products-completed operations hazard' will reduce the Products- completed Operations Aggregate Limit,and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned,delayed,or abandoned and then restarted,or If the authorized contracting parties deviate from plans,blueprints,designs,specifications or time tables,the project will still be deemed to be the same construction project. E. The provisions of Section I I I-Limits Of Insurance not otherwise modified by thisendorsement shall continue to apply as stipulated. 421-0452(06 07)OTHER INSU RAN CE-PRIMARY AND NON-CONTRIBUTORY(ADDITIONAL INSURED) • Additional insured by Contract,Agreement or Permit Amended-Primary&Non-Contributory The following is added to Section IV-Commercial General Liability Conditions 4. Other Insurance a. AdditionalInsured's If you agree in a written contract,written agreement or permit that the insurance provided to any person or organization Included as an Additional Insured under Section I I-Who is An Insured, is primary and non-contributory,the following applies: If other valid and collectable Insurance is available to the Additional Insured fora loss we cover under Coverages A or B of this Coverage Part,our obligations are limited as follows: 1. Primary Insurance This Insurance is primary to other Insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured.We will not seek contribution from any other Insurance available to the Additional Insured except: I. For the sole negligence of the Additional insured; 11. When the Additional Insured Is an Additional Insured under another primary liability policy;or 111. When 2.below applies_ If this Insurance is primary,our obligations are not affected unless any of the other Insurance Is also primary.Then, we will share with all that other Insurance by the method described in 3.below. 2. Excess Insurance This Insurance is excess over: (1) Ally of the other Insura nee,whether primary,excess,contingent or on any other basis: (a) That is fire, Extended Coverage,Builder's Risk,Installation Risk or similar coverage for"your work"; (b) That is Fire insurance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; (c)That is Insurance purchased by the Additional Insured to cover the Additional Insureds liability as a tenant for"property damage"to premises rented to the Additional Insured or temporarily occupied by the Additional with permission of the owner;or (d) If the loss arises out of the maintenance or use of aircraft,"autos"or watercraft to the extent not subject to Exclusion g_ of Section 1-Coverage A -Bodily Injury And Property Damage Liability. Includes copyrighted material of Insurance Services Offices,Inc.,with its permission CERT NO.: 20007756 Debbie Richie 4/29/2414 9:56:26 Ald (PDT) Page 3 of 8 When this insurance is excess,we will have no duty under Coverages A or B to defend the insured aganst any"suit" if any other insurer has a duty to defend the insured against that"suit". If no other insurer defends,we will undertake to do so, but we will be entitled to the Insured"s rights against all those other Insurers_ When this insurance is excess over other Insurance,we will pay only our share of the amount of the loss, if any,that exceeds the sum of: 1)The total amount that all such other insurance would pay for the loss in the absence of this Insurance;and 2)The total of all deductible and self-Insured amounts under all that other Insurance. We will share the remaining loss, if any, with any other Insurance that is not described in this Excess Insurance provision and was not bought specifically to apply In excess of the Limits of Insurance shown i n the Declarations of this Coverage Part. 3. Method Of Sharing If all of the other Insurance permits contribution by equal shares,we will follow this method also under this approach each Insurer contributes equal amounts until it has paid Its applicable limit of Insurance or none of the loss remains,whichever comes first. If any of the other Insurance does not permit contribution by equal shares,we will contribute by limits. Under this method,each Insurer's share is based on the ratio of Its applicable limit of Insurance to the total applicable limits of insurance of all insurers. CG0001 (12 07)COMMERCIAL GENERAL LIABILITY COVERAGE FORM • Separation of Insured's Except with respect to the Limits of Insurance,and any rights or duties specifically assigned in this Coverage Part to the first Named Insured,this Insurance applies: a_ As if each Named Insured were the only Named Insured;and b_ Separately to each insured against whom claim is made or"suit'is brought. CG 2404(05 09)WAIVER OF TRANSFER OF RIGHTS OF RECOVERY TO US Waiver of Subrogation COMMERCIAL GENERAL LIABILITYCOVERAGE PART PRODUCTS/COMPLETED OPERARTIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Persons or organizations with whom you have a written contract executed prior to the"bodily Injury"or"property damage," that requires you to waive your rights of recovery The following is added to Paragraph8.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 I n 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. Authorized Representative Name Insured:carollo Engineers Policy No. ZH F8944892-03 Effective: 12/31/2013 Additional Insured:Any person or organization with whom the named insured agreed in a written contract to name as additional insured, City of Fort Worth This Notice does not form a part of the insurance contract. No coverage is provided by this Notice,nor can it be construed to replace any provisions of the policy(including its endorsements).If there is any conflict between this Notice and the policy(including its endorsements),the provisions of the policy(including its endorsements)shall prevail. Includes copyrighted material of Insurance service Offices,Inc.,with its permission CFRT N4.: 20007756 Debbie Richie 4/29/2014 9:56:25 AM (PLAT) Page 4 of 8 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CA Thi's endorsement changes the policy to which it is attached effective on the inception date of the policy unless otherwise stated. This endorsement eff ective on 12/31/ 013 at 12:01 am standard times forms a part of Policy No. WIDIF8957499-05, of the Massachusetts Bay Insurance Company issued to: Caroll,o Engineers Premi:urn if an Authorized Representative a We have the right to recover our payments from anyone liable for an injury njury covered by this policy. We will not enforce our right against, the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule, The additional premium for this endorsement shall be 2.000% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization City of Fort Worth Job Description: Village Creek Water Reclamation Facility Enclosure of Gaseous Chlorine&Sulfur Storage Facilities Phase 1 - Basis of Design WC 252 040 84 C'ERT NO.: 20007756 Debbie Richie 4/29/2014 9:56:26 AM (PDT) Page 5 of 8 N.g Named Insured: Carollo Engineers Policy No.ZHF8944892-03 NOTICE OF CANCELLATION TO DESIGNATED ENTITY(S) (Including Nonpayment of Premium) This endorsement modifies insurance provided under the following= COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART SCHEDULE Name of Designated Entity Mailin Address or Email Address Thin 30 Da s Notice Cit of Fort Worth S. rank Crumb, P.E. Director Water Dept. 1000 Throckmorton Fort Worth TX 76102 Information required to complete this Schedule,if not shown above, will be shown in the Declarations. If we cancel this policy for any reason, including nonpayment of premium, we will give written notice of such cancellation to the Designated Entity(s)shown in the Schedule. Such notice may be delivered or sent by any means of our choosing. The notice to the Designated Entity(s)will state the effective date of cancellation. Unless otherwise noted in the Schedule above,such notice will be provided to the Designated Entity(s)no less than the number of days In advance of the effective date of cancellation that we are required to provide to the Named Insured for such cancellation. If the reason for cancellation is nonpayment of premium,however,we will provide ten days notice. Such notice of cancellation is solely for the purpose of Informing the Designated Entity(s)of the effective date of cancellation and does not grant,alter,or extend any rights or obligations under this policy. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Authorized Representative or countersignature(where required by law) Includes copyrighted materials from ISO,Inc.2003 Page 1 of 1 CERT NQ.: 27007756 Debbie Richie 4/29/2014 9:56:26 AM (PDT) Page 6 of 8 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IT IS HEREBY UNDERSTOOD AND AGREED THATTHIS POLICY SHALL NOT BECANCELLED BY THE COMPANY WITHOUT 30(THIRTY)DAYS WRITTEN NOTICE,TO TH E ASSURED,EXCEPT THAT IN THE EVENT OF NON-PAYMENTOF PREMIUM THIS POLICY MAYBE CANCELLED WITHIN 10(TEN)DAYS WRITTEN NOTICE. Certificate Holder: Cit of Fort Worth S. Frank Crumb P.E. Director Water Dept. 1 000 Throckmorton Fort Worth TX 76102 Nothing herein contained shall be held to vary,alter,waive or extend any of the terms,conditions,agreements or limitation of the policy other than as above states. (Completion of the following,including countersignature,is required to make this e n do rse me nt effective only when it is Issued subsequent to preparation of the Policy.) Effective 12/31/2013 this endorsement forms apart of Policy No. WDF8957499-05 Issued to Carollo Engineers By Massachusetts Bay Insurance Company Date of Issue Countersigned by Authorized Representative of the Company 331-0230 1003 Page 1 of 1 CERT NO.: 20007756 Debbie Richie 4/29/2014 9:56:26 AM (PDT) Page 7 of 8 CN, A ' PROFESSIONAL LIABILITY AND POLLUTION For Ali the Commitments you Make INCIDENT L I AB I L I T INSURANCE POLICY INSURED; Carollo Engineers Policy AEH288354410 Effective 7/4/2013 Endorsement Number NOTICE ENDORSEMENT - CANCELLATION OR, NON-RENEWAL We agree with you that your Policy is amended to include the following additional provisions. 1. 'Your Policy will not be XX Cancelled by us until we provide at least.- 10 days prior written notice if we cancel your Policy for Non-payment of Premium 30 days prior written notice if we cancel. your Policy for The following reasons: Any reason other than non-payment of premium. Non-renewed by us until at least days prior written notice is given to the person or entity named in 2. below. 2. Person or Entity. Cit of Fort Wort S. Freak Crumb, P.E. Director Water Crept. 1000 T rockmorton Fort Worth TX 76102 All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated. Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy and expires concurrently with said Policy unless another effective date is shown move. By Authorized Representative James F. Willging (No signature is required if issued with the Policy or if it is effective on the Policy Effective Date James F. Will ing Countersigned by Authorized Representative 256423 (Ed. 10 '03) CERT NO.: 20007756 Debbie Ric'hi 4/29/2014 9 6:26 A14 (PDT) Page 8 of 8 M&C Review Page 1 of 2 Official site of the City of Fort worth,Texas FORTWORTI-1 CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 4/22/2014 ,. r � �� it n , , � mc�,!nnar��ri��nrr�r!u��tir���u�rs�tirrrrr?t y nu rr�m�ri?r�n�rrar���r�m��ar�rr��r�m�mrurrr�rr���f, r„ ��vv n , rira� ���rrx�ryyrrr��u�rn���r�ir���1, �uur�iirrryi�amar.rrii�nnrr�i�s�nrr�r�rr��r���!�r1m�,ir�cr�ia�mP �� � i i vrt ..ci117/i..i7J PD.llU111'TIfP//� I� r ri r' i, rl it >n r� y,,, n.�nmr yirrrrrM iMiriGi.,xrrrrimiri�rat �, ��>„�„�t� r,MEN ��,� r rr � r �, ,r�yi�um��rr�r����r„iim�y,ir�r��n��na�y�r�arit�riPr��r��P,�tt�n�iat�,�rr�rnyr �ee�r..,!�u�2,�rlu t r%r u�r�i���r�r�{���uiii rur�r�r�rr���ivr���r�m��r�ur��ar��rn�nr���n�,�uirr�A��rin�r���r�2 ����rn�a��r�ua�u�.1r!���irart.�c�yarr���rrei��ia�r��,r��rr,,,�?�r�t��af✓ru�u���m�r�r!mnr�m����mrr�i��i�ucrarm�rm�l�x.lr�m�n 0GA "EOUS CHLORINE AND DATE. 4/221, 014 REFERENCE ENC **C-26779 LOG NAME SULFUR DIOXIDE STORAGE No. FACILITIES TYPE-.,, CONSENT PUBLIC NO, coL �. NEARING: SUBJECT: Authorize Execution of an Engineering Agreement with carollo Engineers, Inc., in the Amount of$1'49,000.00 for the'Village creek Water Reclamation Facility phase 'I - Basis of Design for Enclosure of Gaseous chlorine and sulfur Dioxide ide Storage Facilities COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City council authorize,execution of an Engineering Agreement with carollo Engineers, Inc., in the Amount of$149,000.00 for the'Village Creek Water Reclamation Facility, phase 1 - Basis of Design for Enclosure of Gaseous chlorine and Sulfur Dioxide Storage Facilities. DISCUSSION: The water Department currently uses bulk gaseous chlorine and sulfur dioxide at the'Village creek Water Reclamation Facility. The tanks for these systems are currently located outside and exposed thereby impacting the Risk Management Plan.. water treatment facilities have all their chlorination equipment and storage tanks located inside buildings equipped with scrubbers to protect against any potential accidents which may result in inadvertent leaks. The department is moving towards standardization of risk and safety for all facilities. This project consists of evaluating the possible alternatives for modifications, additions, or replacements of the chlorine system in the chlorine building, the chlorine storage tanks, and sulfur dioxide storage tanks. The Engineer will develop, a concept plan based on the recommended and approved alternative which will be the basis for the planned design phase.. II1wBE Office- carollo Engineers, Inc., is in compliance with the city's BE ordinance by committing to 23 percent I' /WBE participation. The city's goal on this project is 10 percent. This project is located in COUNCIL cI STRICT 5, Iapsco 333 F4. FISCAL INFORMATION/CERTIFICATION: The Financial Management services Director certifies that funds are available in the current capital budget, as appropriated, of the sewer capital Projects Fund. To Fund/Account/centers FROM# Fund/Account/Centera P275 531200 705300227330 $149.000.00 submi' ted for City ana er's o Ice Fernando costa (0122) 00gionating Department plead: S. Frank crumb (0207) '' ]p� � review. s ► ' I 1 4&counc ld.a�te=4/22/2014 4/23/2014 � .// s w c�nct.or /council a.c�:ct/ c� M&C Review Page 2 of 2 Additional Information Contact: S. Mir(8404) ATTACHMENTS http://apps.cfwnet.org/council acket/mc_review.as ?ID=19564&councildate=4/22/2014 4/23/2014�