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Contract 45841
CITY SECRETARY � CONIMICT NO. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Tank Industry Consultants, authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Timberline Elevated Water Storage Tank Rehabilitation Project, Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be in the amount of $148,500 as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: f A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices, (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the Final payment of any balance will be due within 30 days of receipt of the final invoice. City of Fort Worth,Tee* Standard Agreement For Engineering Related Design Services PMO Official Release Data:1/202D13 Peg#1 of 18 I OFFICIAL ROOM) i"'ror f ft% t�a't Tx, 0 AUG 14 l�l' (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,Tema Standard Agreement for Engineering Related Design Services PMO official Release Date:1292019 Pogo 2 of 16 P.U14 (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 City of Fort Worth,Tome Standard Agreemert For Engineering Related Design Services PMO Official Release Date:VM29113 Page a of ie 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 ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other City of Fort Workh,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/29f20113 Peg*4 016 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. 20020-12-20111 as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits, (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any 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 City of Fort Worth,Tarma Standard Agreement For Engineering Related Design Services PMO Official Release Date:1128=1 S P"6of16 IJ.U/ 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 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 City of Fort Worth,Teem% Standard Agreement For Engineering Related Design Services PMO Official Release Date:129=13 Peggy 6 of 10 1 vi.n 11144PYr VVIIP4II,P11 LV I'T I P'VLTV tJ,UO 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. (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. City of Fork Worth,Tema Standard Agreemert For Engineering Related Design Services PMO Official Release Date:1282018 Pogo 7 of 16 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 Gulde 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. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. City of Fort Worth,Teems _ Standard Agreemert For Engineering Related Design Services PMO Official Release Date:1282013 Page 8 of ie 14M i IN u iuubu y%wUI RAunent Ao 1--+i W-OZ-to P.I U m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractore 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. a. 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 City of Fort Worth,Taxis Standard Agreement For Engineering Related Design Services PMO Official Release Date:1/182018 Pegs 0 of le I P.11 amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. City of Fort worth,Tex v _ Standard Agreement for Engineering Related Design Services PMO Official Release Date:VM2013 Pogo 1 o of 18 i 14-1-n n I4WOLI r vunaui tat n w I+i s-oc•ry 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 consideratlon 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 City of Fork Worth,Tema Standard Agreement For Engineering Related Design Services PMO Official Release Date:128=13 Pegs 11 of 16 ,... i,n.v .i r _ new w.16 f V I-1 I a'Hi'fV P.l:J 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 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. City of Fork Worth,Tema Standard Agreement For Engineering Related Design Sarvicea PMO Official Release Date:1/282013 Page 12 of 16 P .�11IYM947 vviivuita a cv is v�tiu P.14 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. 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; City of Fort Werth,Tee . Standard Agreemert for Engineering Related Design Servicea PMO Official Release Date:1/282015 Page 13 of 16 i pnn Im4wti ly VG7IIAUltprll:Li7l-w IZ7-gL40 p.15 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 PROJECTs schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904,the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business 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. City of Fart Worth,Tema Standard Agreement For Engineering Related Design Services PMO Official Release Date:128/2013 Page 14 of 16 z g R.lo I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as If such Invalid, Illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be 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 Vll 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 City of Fort Worth,Tax a Standard Agreement For Engineering Related Design Services PMO Official Release Data:1282013 P"16 of 113 N.I f Attachment E - Location Map Executed and effective this the day of 014. BY: BY: CITY OF FORTWORTH ENGINEER Tank Industry Consultants KC Fernando Costa Grego ty"teih, P.E. Assistant City Manager Managing Principal Date:— Date: I ' V-A APPROVAL RECOMMENDED: By: *-S. Frank Crumb, P Director,Water Department APPROVED AS TO FORM AND M&C No.: LEGALITY M&C Date: By: ouglas W. Black Assistant City Attorney W: F0ATTEST: 00")00000 Mary J-.-Kayse,', / 101 City Secretary"', "00000 00 00()� A,� C City of Fort Worth,Toxne Mull( Standard Agreement for Engineering Related Design Ssrvicen I 5coj?r)) PMO Official ReI8360 Data:1/28/2013 MIT Ir pne 160fie I't May 14,2014 Attachment A City Project No. p Z 33 p TICChristopher Harder,P.E. TANK Engineering Manager/Water Production Fort Worth Water Department INDUSTRY 1000 Throckmorton Street CONSULTANTS Fort Worth,Texas 76102 RE: Professional Services Associated with the Rehabilitation of the Timberline 2,000,000 Gallon Multicolumn Elevated Storage Tank 7740 West New York Street TIC Reference: S465.013 Indianapolis,Indiana 46214 317/271-3100-Phone 317/271-3300-FAX Dear Mr.Harder: Tank Industry Consultants(TIC)is pleased to have been selected to provide engineering, design and professional services associated with the rehabilitation of the Timberline Ele- vated Water Storage Tank. From the information and photo attached to your May 12, 2014, eMail,we recognize the tank in our files. TIC performed an engineering evaluation of this tank in 1995. The tank was built by Pittsburgh-DesMoines Steel Company in 1956 and has thirty-three(33)support columns. We propose the following scope of work in- cluding the evaluation of the tank,the preparation of specifications for repairs and repaint- ing,bidding assistance,and project representation during construction. This is the same Bolingbrook,Illinois general scope as was provided for the Armstrong Ranch and Northwest Elevated tanks. 630/226-0745 TANK EVALUATION Pittsburgh,Pennsylvania 412/262-1586 TIC performs all types of tank evaluations to meet each tank owner's needs. There are currently three popular methods of evaluating tank interiors: a drained"dry"evaluation, El Paso,Texas an underwater evaluation performed by divers, and a robotic inspection. 915/790-0790 Due to the increasing water demand at this time of year,TIC recommends that we perform Houston,Texas an underwater evaluation of the tank interior with a trained and certified diving inspector 281/367-3511 while the tank is full of water. Our diving evaluation includes a careful study of the tank's interior wet surfaces by our team of Certified Commercial Divers. Because the diver is also a senior member of TIC's staff,the tank is evaluated by a highly qualified technician who knows what to look for,not a diver that takes random photographs. When performing an underwater evaluation,the diver utilizes a full dry suit and full-face diving mask to pre- vent contamination of the potable water. While the tank is full,we will also perform a raft inspection of the interior of the roof and the support structure. The tank will need to be off-line for only a couple of hours while the inspector is in the tank. Prior to entering the tank,the diver and all equipment are thoroughly disinfected in accor- dance with AWWA C652-11. Field Evaluation During the field evaluation,TIC's technicians access the tank exterior surfaces and interior dry surfaces by rigging and rappelling to identify sanitary, safety, or structural deficiencies. While rappelling,the technicians look for tank irregularities to be analyzed by our engi- neering staff. Ultrasonic thickness measurements of the steel are taken so that a structural engineer can analyze any deviations from the original thickness. The exposed portions of Christopher Harder,P.E. Att A-Page 2 Fort Worth Water Department May 14, 2014 the foundations are visually evaluated to locate cracks,spalling,or other types of deterioration. Our evaluation is specially designed to uncover problems, and to look for methods to reduce rehabilitation costs. At a minimum,the following items are addressed: • Measurements of the tank members and accessories are taken • Measurements of metal loss and blistered coating are taken • Coating samples are taken and tested to verify lead, chromium,and cadmium content • Coating adhesion measurements are taken • Coating thickness measurements are taken • Coatings on tank appurtenances are evaluated • Ultrasonic steel thickness measurements are taken • Sanitary deficiencies are identified • Safety deficiencies are identified • Structural deficiencies due to deterioration are identified • Irregularities or unusual circumstances are identified • Photographs are taken to document the condition of the tank Coating Evaluation Coating samples are taken during the field evaluations and tested to determine their lead, chromium, and cad- mium content. The coating thickness and adhesion tests performed during the coating evaluation help determine the "topcoat-ability" of the existing coating. If the existing coating type,thickness, condition, and adhesion al- low for topcoating,the cost of recoating the tank could be significantly reduced. Based on the findings of the coating evaluation,the environmental concerns that need to be addressed during the cleaning and painting of the tank will be determined, and plans made for containment,testing, and disposal requirements that will need to be included in the project specifications. Structural Review As part of our evaluation,TIC identifies any observed structural deficiencies or damage that may have occurred since the tank was erected. These deficiencies include deviations of the existing tank conditions from the tank's original construction. Any deficiencies found are analyzed for their affect on the structural integrity of the tank. Evaluation Report 3 I An engineering report concerning the condition of the tank,certified by a Texas Licensed Professional Engineer on our full-time staff,will be issued. Our report will serve as a decision-making document for the Fort Worth Water Department. Observations: The observation section of the report provides dimensions of the tank and accessories as well as a narrative describing the condition of the site and each part of the tank. Sanitary,safety,security,and structural deficiencies are described as well as the coating condition. Recommendations: The recommendation section of the report includes those repairs and modifications re- quired to bring the tank into compliance with present AWWA, OSHA, and sanitary standards and regulations. Coating recommendations are made, as well as the anticipated timing of the necessary coating repairs. When practical,alternative methods of repairs,modifications, and painting are provided,and advantages and disadvan- 79 I I { Christopher Harder,P.E. Att A-Page 3 Fort Worth Water Department May 14, 2014 tages of each alternative are given. Comparative analyses of coatings and linings are continually being per- formed by TIC, as new products and technologies are developed for the coatings and lead-paint abatement indus- try. All opportunities for topcoating tank exteriors are thoroughly explored. Economic Factors: The economic factors section of the report provides budget estimates for all of the repairs, modifications, and painting options outlined in the recommendations section of the report. The replacement cost of the tank is also provided for cost comparison. Photographs: TIC's report will contain color photographs of the tank. The photographs will be individually mounted with captions adjacent to each photo to explain what is shown in the photo. The photographs serve as additional documentation of the tank's condition. The following terms apply to the tank evaluation: 1. The Fort Worth Water Department removing all ground-level manhole covers before the evaluation and resecuring them after completion of the field work. Frequently the manhole gasket must be replaced to seal the manhole properly. 2. The tank being drained and refilled by the Fort Worth Water Department. The tank must be drained and prepared for the field evaluation on the agreed date and time. 3. The Fort Worth Water Department operating the water works system with the tank off-line without any assistance from Tank Industry Consultants. 4. The Fort Worth Water Department turning off,tagging, and locking out the power to any cathodic pro- tection system that may be installed on the tank,and returning the cathodic protection system back to its working order at the conclusion of the field work on the tank. 5. The Fort Worth Water Department providing a ladder(or other means)to access the exterior tank ladder if the bottom of the tank ladder is more than 12 feet above the ground. 6. Performing the work when the temperature is above 35°F,the wind velocity is 15 miles per hour or less, and there is no precipitation. 7. Performing the fieldwork prior to September 1,2014. Tank Industry Consultants will contact the Fort Worth Water Department to schedule the fieldwork when written authorization has been received. 8. The Fort Worth Water Department furnishing a ground man during the fieldwork. 9. The Fort Worth Water Department supplying TIC with all required sleeves and attachments for any ex- isting safe-climbing devices on the tank ladders,if the devices are to be tested for proper operation. 10. Representatives of the Fort Worth Water Department may not accompany TIC's personnel during the evaluation of the tank surfaces above ground level. TIC's rigging and safety equipment are intended for and are to be used only by TIC personnel. 11. The Fort Worth Water Department disinfecting the tank unless TIC is retained to perform the disinfec- tion. 12. The Fort Worth Water Department taking samples and performing all required testing prior to placing the tank in service. 13. The Fort Worth Water Department supplying water with a standard garden hose connection within 50 feet of the base of the tank,if TIC is retained to perform the washout. 14. All sludge and debris removed from the tank during the washout being deposited at the base of the tank for removal and disposal by the Fort Worth Water Department. 15. TIC will not be responsible for the quality of the washout if the Fort Worth Water Department cannot completely valve off the tank and keep water from entering the tank. Christopher Harder,P.E. Att A-Page 4 Fort Worth Water Department May 14, 2014 16. Using the Fort Worth Water Department Standard Agreement with the exceptions noted in Attachment C thereof. Specifically included as part of this fee is the limitation of liability listed in Attachment C. 17. The Fort Worth Water Department will be invoiced when the engineering report is issued. Payment is due within 30 days. If any of these terms are not met by the Fort Worth Water Department, charges for any additional time,mileage, per diem,interest(1-1/2%monthly),taxes,insurance or mobilizations incurred by TIC due to such failure may be added to the fee. PREPARATION OF SPECIFICATIONS AND CONTRACT DOCUMENTS TIC's tank rehabilitation specifications and contract documents are project specific and more extensive than pro- vided by most engineers due to our experience and intimate familiarity with the latest TCEQ,AWWA,NFPA, API,NACE, and SSPC standards and how they must be supplemented. Specifications will be prepared in accor- dance with local,state,and federal laws, and all specific requirements provided by the Fort Worth Water De- partment. Project Consultation: Throughout the project design and execution,TIC's project team will be in direct communication with the tank owner's representatives to assure that the project specifications and contract docu- ments fulfill their needs and requirements. Detailed Construction Cost Estimates: Tank Industry Consultants provides budget estimates for construc- tion so the final scope of work meets your maintenance and financial goals. After all reviews are complete,TIC will revise all documents as required for final approvals and prepare a final detailed cost estimate for the project. Reduce Construction Costs: TIC's specifications will be prepared for the Tmberline Elevated Tank to ad- dress the work that needs to be performed rather than using a generic specification. This reduces the change or- ders to only those items that have competitive unit prices already negotiated prior to starting the project. Our specifications will address containment and proper removal and disposal/treatment of lead-based coatings and other situations that may apply to the Timberline Elevated Tank. Our specifications are not only designed to reduce construction costs during the tank rehabilitation,but also for future tank rehabilitation. By designing out problem maintenance areas,the newly applied coating system will not only last longer,but when future maintenance is performed,the repainting will be easier and therefore less expensive. Repair and Rehabilitation Design: It is important to include specific tank upgrades in the tank repainting design. TIC has found that a specification that is only end-result oriented is not adequate when working with tank repair and repainting contractors. TIC's specific designs of the repairs provide a better finished product. Engineered solutions(ire vital to the successful completion of tank rehabilitation projects Removal of Lead-Based Coatings: The removal of existing lead-based(or other heavy-metal)coatings can be a major concern in repainting projects. The method that best suits the specific requirements of the Timberline Tank will be specified. Whether the project requires vacuum blasting,full containment,or even the use of a ro- botic blasting machine,TIC has the experience necessary to design the safe removal of lead-paint to obtain the most competitive bids possible. Once the existing coatings are removed,the spent abrasive and coating debris must be tested to determine if it must be disposed of as a hazardous material. Specific guidelines are provided in the project specifications to re- Christopher Harder,P.E. Att A-Page S Fort Worth Water Department May 14,2014 quire strict compliance with local, state,and federal regulations for the proper handling and disposal of this waste. BIDDING SERVICES TIC assists tank owners in obtaining competitive and qualified bids. TIC will recommend a number of qualified bidders to whom the Notice to Bidders should be sent. Specializing in water storage tanks for more than thirty- four years has allowed TIC to develop a list of tank repair and repainting contractors that also specialize in water tanks. Because of these contractors'expertise,their bids are the most competitive in the industry. Bid Assistance provided by TIC includes: • Attend Pre-Bid Conferences • Respond to questions • Tabulate the bids • Review the bids • Check for signatures,bonds,and insurance • Investigate the low bidder • Recommend award to the lowest and most qualified bidder CONSTRUCTION PHASE SERVICES Contract Administration Once a tank rehabilitation project begins,TIC is available to consult with and advise tank owners concerning any portion of the tank rehabilitation and repainting project. Contract administration services could include: • Consultation on adequacy and compliance with the project specifications • Specification interpretation • Attend the pre-construction and all subsequent meetings—supplying typed meeting notes • Review all contractors'submittals and shop drawings • Review construction schedule • Review and approval of materials • Prepare and assist in the negotiations of change orders and supplemental agreements • Review and approval of payment requests • Dispute settlement • Public relations Project Representation during Rehabilitation i With the increased cost of tank rehabilitation, and the associated costs such as out-of-service time,potential pol- lution, and disruption of the community,the cost of a premature coating failure is much higher today than it was even a few years ago. In addition,modern coatings are much more difficult to mix and apply properly,but have greatly extended life cycles. The additional cost of the inspection in order to make sure these modern coatings realize their expected service life will be paid back through the avoidance of future expenditures and system dis- ruptions. 1 The role of TIC's on-site project representatives is to provide both a visual and documentation inspection trail that verifies that the client receives the level of quality and product service life they are paying the contractor to provide. The resident technician is on-site to: s i i i Christopher Harder,P.E. Att A-Page 6 Fort Worth Water Department May 14, 2014 • point out and document deficiencies in the contractor's work,so the contractor makes corrections and improvements as the work progresses. • document the contractor's daily performance to support invoice approval or any action the owner may wish to take against the contractor. • confirm that the contractor has taken the necessary steps to protect the owner from liability by testing and properly disposing of spent blast abrasive. • confirm that the contractor is complying with job site posting requirements. • quickly resolve any technical questions or changes that may arise to minimize or eliminate delays and/or contractor claims. • document weather and other jobsite conditions to assess contractor claims.for additional time or money. • document any jobsite visits from state or federal agencies such as OSHA or the EPA. • facilitate cost-effective solutions to issues that can arise during the construction phase of the tank reha- bilitation project. The observation of the contractor's workmanship is one of the most important parts of a tank rehabilitation pro- ject. The best-written,most thorough specifications do not assure the project will be completed correctly. TIC's technicians are experienced in tank repair,painting,and erection. They are not only familiar with proper coating application techniques,but also with the underlying reasons for tank painting standards. Our entire staff of civil, structural,chemical,and mechanical engineers and experienced support personnel,including our NACE Certi- fied Field Services Manager and Field Supervisors, are available to provide support on each project. Environmental Impact: TIC is very concerned about the environmental impact of each tank rehabilitation project we are involved in and is dedicated to complying with environmental regulations. If required,we will have TCLP tests be performed by the contractor on the blasting debris to determine if it is hazardous and requires special handling and disposal. Soil samples are taken from carefully plotted locations on and around the tank site prior to the start of the cleaning and painting project. This testing provides background samples that can be tested and compared with samples taken from the same locations at the conclusion of the project. This before and after sampling and testing helps gauge the impact the project had on the environment and neighboring prop- erty, and helps protect the tank owner from claims for pollution which existed before the project started. Resident Painting Observation: During Resident Project Representation,TIC's field technician is on-site, monitoring the contractor whenever work is being performed. This type of coating observation provides the most thorough and conclusive project representation. Coatings are very sensitive to atmospheric conditions. Humidity,dew point, air, and steel temperatures must all be within acceptable ranges during application and curing for coating systems to achieve maximum life. Without a resident technician on the site to monitor these conditions,the tank owner is putting their faith in the contractor that work will be suspended when the atmospheric conditions warrant.. Evidence of the application of the coating under adverse atmospheric conditions may be a premature failure two or three years later. Reporting: TIC's project representative furnishes the tank owner and the contractor a written report for each day's observation. The reports shall address,at a minimum,the following items as required: • Temperature of steel • Weather conditions:temperature,wind velocity and direction,relative humidity,dew point • Coating and abrasive product in accordance with project specifications • Mixing and thinning of coatings • Cleanliness of blast nozzle • Paint Batch Numbers used on the day of the observation I pS 1 3 Christopher Harder,P.E. Att A-Page 7 Fort Worth Water Department May 14, 2014 • Location of work performed • Quality of work being performed • Compliance with the project documents • Wet and dry film thickness readings • Calibration record of dry mil thickness gauge • Measure of the paint cure • Number of crew members on the job • Equipment on the job • Recommendations made • Estimated completion date • Photographs of significant details • Other pertinent data as required or requested Holiday Testing: Once the interior coating application is completed, Tank Industry Consultants observes the contractor's holiday testing of the interior surfaces. Final Observation/Walk Through: TIC recommends that a final evaluation be performed when each tank project is completed. At the final evaluation,TIC's field technician or field supervisor will accompany the con- tractor for a final review of the project. A punch list of items that need remedied or completed is prepared and provided to the tank owner and the contractor. If required,TIC observes the completion of the punch list. First Anniversary Evaluation Present AWWA Standards recommend that all water tank construction and painting projects have a bonded war- ranty following the project completion date. Approximately eleven months after the completion of the tank re- habilitation project,TIC will perform a First Anniversary Evaluation of the contractor's workmanship. This evaluation focuses on the contractor's compliance with the project specifications and drawings, and the coating condition. This evaluation will take one day on site. A report on the condition of the tank and the contractor's workmanship will be issued. The report will contain photographs taken during the field evaluation. SUBCONTRACTORS TIC anticipates subcontracting the following services to minority-owned businesses in order to meet the City's S/WBE contracting goal of 12%: • Laboratory analysis of paint samples to determine their content of regulated heavy metals • Laboratory analysis of soil samples to determine their content of contaminants • Laboratory analysis of abrasive blasting debris to determine if the debris must be disposed of as hazard= ous waste • Printing of contract documents • Uploading of Construction Documents to Buzzsaw • Preparation of record drawings i s Christopher Harder,P.E. AttA-Page 8 Fort Worth Water Department May 14,2014 TIME & ExPENSE TIC's time and expenses for this project will be invoiced in accordance with Attachment B of the Agreement using the rates in affect at the time the work is performed. Our current rates(2014)are attached. We anticipate rate increases of approximately 3%o to 5%from 2014 to 2015.. Mileage will be invoiced from TIC's closest of- fice to the site. For this project that office is in The Woodlands,Texas on the north side of Houston. We estimate billings on a time and expense basis in accordance with Attachment B to the Agreement will be as follows: Evaluation $ 8,300 Preparation of Detailed Technical Specifications $ 13;000 Bidding Assistance $ 2,400! Contract Administration $25,4002 Project Representation $94'0003 First Anniversary Evaluation $ 5,400 Total $148,500 Add approximately$1,600 if attendance at either a Pre-Bid meeting or the Bid Opening is required. `Contract Administration includes.estimated subcontract costs for uploading documents to Buzzsaw and for laboratory analysis of regulated heavy metals in paint chips,blasting debris and soils at the site. 3 The contractor's construction methodology and work force allotment will greatly impact the inspection hours and costs for Project Representation. A minimal amount of time may be charged for the field technician's preparation of documentation in addition to on-site time. We look forward to working with you on this Timberline Elevated Tank Rehabilitation Project. If you have any questions or need additional information,please contact me. Sincerely, T na k\.Industry pltants Ray Pinny .._ Manager,Southwes e .enclosure .cc Gregory R."Chip"Stein,P.E.—TIC,Indianapolis Julie White—TIC,Indianapolis I s i I t i i i 3 I ATTACHMENT B COMPENSATION Design Services for Timberline Ranch Elevated Tank Rehabilitation Project City Project No. 0233C) Time and Materials with Multiplier Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by Direct Salaries multiplied by a factor of 2.31 (2.21 cost reoverrV plus profit multiplier of 10%). Direct Salaries are the amount of wages or salaries paid to 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. i City of Fort Worth,Texas t Attachment B PMO Official Release Date:5.19.2010 Page 1 of 4 B-1 .., I i 3 I ATTACHMENT B COMPENSATION B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. 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. City of Fort Worth,Texas Attachment B PMO Official Release Date:5.19.2010 Page 2 of 4 B-2 i i i ATTACHMENT B COMPENSATION IV. Summary of Estimated Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Tank Industry Engineering Services $130,600 87.95 Consultants Proposed M/WBE Sub-Consultants James DeOtte Construction document $17,350 11.68 Engineering, Inc. controls using Buzzsaw, and preparation of record drawings TTI Environmental Laboratory testing of coating $550 0.37 Laboratories samples, soil samples, and spent abrasive blasting debris Non-M/SBE Consultants TOTAL 148 500 100% Project Number& Name Total Fee SBE Fee SBE % Northwest Elevated Tank Rehabilitation $148,500 $17,900 12.05% Project City M/SBE Goal = 12% Consultant Committed Goal = 12 % x City of Fort Worth,Texas Attachment B PMO Official Release Date:5,19.2010 Page 3 of 4 B-3 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Timberline Elevated Tank Rehabilitation Project City Project No. 0&13 Article IV D. Preparation of Engineering Drawings TIC uses CAD programs to prepare drawings for tank rehabilitation projects and most are 8.5 X 11 inches for inclusion in the contract documents. TIC does not produce drawings with pen and ink or on Mylar. TIC holds that the documents it will prepare for this project are "instruments of service" and that ownership of those documents remains with TIC. We agree that the CITY may make and keep copies; however we do not agree that "the CITY may use such drawings in any manner it desires". To help reduce unauthorized use and dissemination of our work, our policy has been to provide prints of all documents rather than electronic pdf files. Please replace "the original drawings of all plans in ink on reproducible mylar sheets and in electronic pdf format" in the first and second lines with"prints of all drawings prepared for the PROJECT". Please also add"and the CITY shall indemnify and hold harmless the ENGINEER from all claims, damages, losses, expenses, and costs, including attorneys' fees arising out of or resulting from the CITY's reuse of said drawings without the ENGINEER's specific consent" after"described herein" in the last line. Article IV K Insurance (1), a Commercial General Liability Please change "Commercial"to "Comprehensive"wherever it appears. Article IV, K, Insurance, (1), b Business Auto Please change "commercial"to "comprehensive" in the second line. Article IV K Insurance (1), D. Professional Liability Please change "5 years"to "3 years" in the fifth line. Article VI, B. Reuse of Project Documents Please add"and the CITY shall, to the extens+provided by law, indemnify and hold harmless the ENGINEER from all claims, damages, losses, expenses, and costs, including attorneys' fees arising out of or resulting from the reuse of said documents without the ENGINEER's specific consent" after"sole risk" in the sixth line. Article VI, F.Indemnification TIC's insurance program provides coverage under Comprehensive General Liability for defense obligations of indemnities, but may not provide defense coverage in regards to Professional Liability. Please insert"and" after"indemnify"and delete"and defend" in the second line. City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 2 Please also add"ENGINEER's liability will be limited that portion of negligence of the ENGINEER compared to the total negligence of all persons, firms, or corporations which results in said damages to the CITY. The ENGINEER shall not be liable for any consequential damages. The ENGINEER's fees and the ENGINEER's proposal to the CITY are based upon the total liability to the ENGINEER not exceeding$50,000 or the contract amount, whichever is greater" at the end of the last line. Article VI K. Observe and Comply Please delete"defend, "in the seventh line and add"however ENGINEER's liability will be limited to that portion of negligence of the ENGINEER compared to the total negligence of all persons, firms, or corporations which results in said damages to the CITY, its officers, agents, and employees. The ENGINEER's fees and the ENGINEER's proposal to the CITY are based upon the total liability to the ENGINEER not exceeding $50,000 or the contract amount, whichever is greater." City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 2 of 2 N LO O T- L1) N C T- � d' N O r- d. d d T- -C U O O N+ O 04 C: N N O N � N N 0 N _N �. 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O Q 0. � � - tQ cn C O -� v-- 'D _ O >+ cn a) _m = c � L L L L L Y c -Y °- ° o -Y Y � Y L o c c E a) o C) a) 3 a 3 a) � � � o � cu � � 30 � O3: � O O zo U Q) O U Cn a) (t3 1 L CL 0 CO 0 d 4 ca o LL CO E L � O As c Q) > O ?+ >+ CL W (U -� d d' N M T- T- ce � N U) p cu 4- 06 C-6 a) CL 0 0 cu c j cu co a) .� -fl a) W < L co -0 � c Q cn 3 CL m cu U O a) a) U N O O O 0 0 0 � - U- 0- f LLa- LL ALL f— C,-. zC.1 UmzI— U j I i FORT WORTH WATER 60TIMBERLINE ELEVATED TANK-TANK INDUSTRY � 1 7, HARD€MAN, GLEN GARDE CHILDRESS u1 F UVIL-BARGER x s 4 LOMITA, r ; - COLIN to > HOWARD t- P� _ o AiRWAA' - Z d t11 TIMBERLINE 111 r -A KNOX HUNTING ' - NDEN AN GARDENIA MARTIN 1- � SARAFI;IANE /,,## �±p 4 _ C41 4ER � ._ z Q CITTER' RODEO z �" MOBERLY w PIONEER P7.ONEER Timberline 2 MGr � _ PE`- Elevated Storage Tank - PECOs 4720 Trueland Drive -yo eU. PECOS �8? _ eUS D FAIRI=AX�' 'ARBOR SEMINARY �- p SEMINARY COFFEY wj Kj,i J LL 4 C3 111 CAMP _ SB�fi O >r D ALGERITA e Ca Ft4 .; a ----� TANKI-1 OP ID: MIST ACORO' DATE(MM/DDYYY) CERTIFICATE OF LIABILITY INSURANCE /Y07/29/2014 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 Stella Milli M.J.SC huetz Ins.Services NAME: 55 Monument Circle,Suit 500 PH IcNN Ext;317-639-5679 ac No,317' -639-6910 Indianapolis,IN 46204 E-MAIL sis.com m illi ' John Sullivan ADDRESS:sm 1 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Crum&Forster 44520 INSURED Tank Industry Consultants,Inc INSURER B:Cincinnati Insurance Companies 10677 7740 West New York Street INSURER C:Rockhill Insurance 28053 Indianapolis, IN 46214-2988 INSURER D:Granite State Insurance Co. 23809 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. INSR DDL BR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 5,000,00 DAMAGE TO RENTE A X COMMERCIAL GENERAL LIABILITY X EPK101814 10/01/2013 10101/2014 PREMISES Ea occurrence $ 50,000 CLAIMS-MADE a OCCUR MED EXP(Any one person) $ 5,00 A X Professional EPK101814 10101/2013 10/0112014 PERSONAL BADVINJURY $ 5,000,00 A X Pollution EPK101814 10/01/2013 10/01/2014 GENERAL AGGREGATE $ 5,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 5,000,00 POLICY X PRO- LOG Emp Ben. $ 1,000,00 AUTOMOBILE LIABILITY tE0 aBIcNdED SINGLE LIMIT $ 1,000,000 nt) B X ANY AUTO EBA0212027 10/01/2013 10/01/2014 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIREDAUTOS X NON-OWNED PER ACCIDENT) $ AUTOS $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,00 C X EXCESS LIAB CLAIMS-MADE XLSR0000468 10/01/2013 10/01/2014 AGGREGATE $ 4,000,00 DED I RETENTION$ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER D ANY PROPRIETOR/PARTNER/FXECUTIVE Y/❑N C003957699 10/01/2013 10/01/2014 E.L.EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,00 If yes,describe under DESCRIPTIONOF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 1,000,00 _L I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION Fort Worth Water Department FORTWOR p SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1511 11th Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Fort Worth,TX 76102 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD TANKI-1 PAGE 2 NOTEPAD INSURED'SNAME Tank Industry Consultants,Inc OP ID: MIST Date 07/29/2014 Excess Policy with Rockhill - Underlying Policies are Automobile Liability and Employers Liability. M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F0PTWoR114 COUNCIL ACTION: Approved on 7/22/2014 -Ordinance No. 21339-07-2014 REFERENCE ** 60TIMBERLINE ELEVATED DATE: 7/22/2014 NO.: C-26879 LOG NAME: TANK-TANK INDUSTRY CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Engineering Agreement with Tank Industry Consultants, Inc., in the Amount of$148,500.00 for the Timberline Elevated Storage Tank Rehabilitation Project Located at 4720 Trueland Drive and Adopt Appropriation Ordinance (COUNCIL DISRICT 8) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of$148,500.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$148,500.00 from available funds; and 3. Authorize the City Manager to execute a contract with Tank Industry Consultants, Inc., in the amount of$148,500.00 for the Timberline Elevated Storage Tank Rehabilitation project. DISCUSSION: The two million gallon Timberline elevated storage tank was constructed in 1957 and last rehabilitated in 2000. This elevated tank provides potable water storage and fire protection for areas in southeast Fort Worth. The existing coating system is in need of replacement as required to protect the structural steel from corrosion. On March 6, 2014, a Request for Proposals (RFP)was issued for several Water Department projects, including potable elevated storage tank rehabilitation projects. On April 9, 2014, a total of five proposals were received from engineering consultants for the elevated storage tank rehabilitation projects. A Staff consultant selection committee recommended Tank Industry Consultants, Inc., for the Timberline elevated storage tank rehabilitation project. As part of the work, Tank Industry Consultants, Inc., will test the existing coatings for heavy metals and perform a structural inspection of the tank. A preliminary design report expected to recommend 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. M/WBE Office -Tank Industry Consultants, Inc., is in compliance with the City's BDE Ordinance by committing to 12 percent SBE participation. The City's goal on this project is 12 percent. The project is located in COUNCIL DISTRICT 8. http://apps.cfwnet.org/council_packet/mc review.asp?ID=19887&councildate=7/22/2014 7/28/2014 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P253 531200 608180233080 $148,500.00 Submitted for City Manager's Office by_ Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Chris Harder(8293) ATTACHMENTS 60TIMBERLINE ELEVATED TANK-TANK INDUSTRY MAP.Pdf 60TIMBERLINE ELEVATED TANK-TANK INDUSTRY P253 AO.docx http://apps.cfwnet.org/council_packet/mc_review.asp?ID=19887&councildate=7/22/2014 7/28/2014