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HomeMy WebLinkAboutContract 55969 CSC No.55969 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY"), and Neel-Schaffer, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: 2022 Bond Year 1, Contract 2 Project, City Project No. 102927. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to $285,711.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. 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. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date: City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services OFFICIAL RECORD Revised Date:May 7,2021 Page 1 of 14 CITY SECRETARY FT. WORTH, TX Article IV Obligations of the Engineer 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 ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 2 of 14 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 this 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 3 of 14 (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 no 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. Business Equity Participation City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 4 of 14 City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance (Ordinance No. 24534-11-2020 as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), the City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. Engineer acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is Engineer's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation)and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 5 of 14 K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such 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. The doctrine of respondent superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 6 of 14 ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 7 of 14 (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for 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 H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. Litigation Assistance City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 8 of 14 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. J. 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 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 CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. D. Termination City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 9 of 14 (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable 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 projected termination expenses. The CITY'S approval shall 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 PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 10 of 14 G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. 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. I. 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. J. 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. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 11 of 14 to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2271 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the contract. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 12 of 14 Attachment D - Project Schedule Attachment E - Location Map Attachment F— Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER Neel-Shaffer, Inc. 15aK,a,sm-4 c � k Dana Burghdoff(M 7,202 2:18 CDT) Dana Burghdoff Assistant City Manager Jim Amick Date:Jul 7,2021 Senior Engineer Manager Date: � APPROVAL RECOMMENDED: . . By,wj(Jul.6,2021 :14 CDT) William Johnson Director, Transportation and Public Works Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requireme ts. r g Ro ins Senior Professional Engineer APPROVED AS TO FORM AND LEGALITY Bee-or, By:DBlack(Jul 7,202117:13 CDT) Doug Black Assistant City Attorney ATTEST: Form 1295 No. 2021-749424 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date: Page 13 of 14 May 7,zozl OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 0p4� , bay FOR) a� p�F0000000000 d� ° a9��d Ronald P. Gonzales p v o o=� M&C No.: 21-0406 Acting City Secretary ���*o00c) 0* �EXASoa�� M&C Date: June 22, 2021 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services OFFICIAL RECORD Revised Date:May 7,2021 Page 14 of 14 CITY SECRETARY FT. WORTH, TX ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 ATTACHMENT A Scope for Engineering Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR 2022 BOND YEAR 1 CONTRACT 2 CITY PROJECT NO.: 102927 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. CITY OF FORT WORTH WATER DEPARTMENT WATER AND SANITARY SEWER REPLACEMENT Street CD Water and Sewer Water LF Water Size Sewer Sewer Size Notes: Map No LF Ave C 8 590 8" Ave E 8 1049 12" Ave G 8 1065 8" Holmes St 8 215 8" N Ave H 8 Thrall St 8 804 8" 312 8" TOTAL Water 3508 LF TOTAL SS 527 LF CITY OF FORT WORTH TPW DEPARTMENT PAVING REHABILITATION Street Limits Lane Planned Limited Full Cross Drainage Miles Rehab Paving Paving Section Analysis Procedure Design Design *** **** * ** Ave C Thrall St-Wesleyan St 0.28 POL X Ave E Bishop St-Campbell St 0.58 POL X Ave G Binkley St-S Collard St 0.56 POL X Holmes St E Rosedale St-Ave G 0.12 POL X X N Ave H W Dead End-Miller Ave 0.06 POL X X Thrall St E Vickery Blvd-Ave D 0.49 POL X X X TOTAL 2.09 *Limited Design Projects Include: existing typical section, plan and profile sheets with the existing ground labeled as the proposed ground, and permitting requirements if applicable. **Full Design Projects Include: proposed typical section, plan and profile sheets with the proposed ground profile designed, and permitting requirements if applicable. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 ***Cross Sections Include: proposed cross sections taken at all driveways showing the proposed driveway slope and the limits of the driveways shown in plan view on the paving plan and profile sheets. Streets not selected to include cross sections, shall assume driveway replacement to the ROW line on the plan and profile sheets. ****Drainage Analysis Includes: existing and proposed drainage area maps and drainage computations as detailed in the scope below. This project includes Stormwater participation in Thrall St. The following provides a few more specifics about the scope of work. Avenue C — Replace curb and gutter from Thrall to Binkley on north, and western portion on south. Tie at valley gutter on west side of Binkley. Save retaining walls. Add valley gutter on east side of Binkley. Tie to concrete at Wesleyan. Replace south curb. Replace north curb on western portion. Limited paving design. No drainage. Avenue E —Tie at concrete on Bishop. Replace curb and gutter from Bishop to Little both sides. Significant ponding exists. Tie at concrete on Campbell. Little to Campbell has generally good curb and gutter. No drainage. Limited design. Avenue G —Tie at asphalt at Binkley. Tie at concrete on both sides of Wesleyan. Tie at concrete on Collard. Salvage most curb and gutter. Replace north curb and gutter from Binkley to Wesleyan. Limited design. No drainage. Avenue H — Flush curb as needed for drainage. Detailed design. A drainage area map and calculations will be prepared. Holmes —Tie at concrete at Avenue G and at Rosedale. Replace curb and gutter. Suggest detailed design due to steep cross slope. No drainage. Thrall —Tie at Vickery valley gutter. Construct new curb and gutter to Avenue A. Tie at concrete on Avenue A. The two small inlets on the east side of Thrall either side of the eastern leg of Avenue A will be replaced. The inlet on the west side of Thrall at Avenue A looks good so it will remain. The two inlets on Avenue A (again the eastern leg) will not be replaced. Investigate inlets west in Avenue A to tie in to the proposed 30" storm drain, and design the lateral line. West curb good from Avenue A to Avenue B. East side has no curb and gutter. One inlet near Avenue B will be relocated for a ramp. West and east curb and gutter mostly good from Avenue B to Avenue C. West curb good from Avenue C to Avenue D. East side has no curb and gutter. Detailed design due to steep cross slope. Hold the west curb and have the east float to get the desired width. Mill and overlay Vickery with trench repair. A drainage area map and calculations will be prepared. No intersecting street water line improvements or sewer lines. Temporary water service so main can be laid in existing trench. Sewer to be laid in existing trench. Any sewer manholes not already being replaced within the pavement limits if 24" cover the cone will be replaced with a 30" cover. A concrete street alternative will be bid. No detailed on specific design for that alternative is included. It will be bid based on the pulverize and overlay drawings. WORK TO BE PERFORMED This section includes design effort which will be shared between the Water Department and Transportation & Public Works Department. The consultant shall prepare two separate level of City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 effort (LOE) spreadsheets and will provide their fees according to the departments which are responsible for that subtask. • Subtasks showing [Water] shall have all design fees on the Water Department LOE. • Subtasks showing [Water/TPW] shall split the design fees according to effort or sheet count between the two LOEs. • Subtasks showing [TPW] shall have all design fees on the TPW Department LOE. Task 1. Design Management Task 2. Conceptual Design (30%) Task 3. Preliminary Design (60%) Task 4. Final Design (90% and 100%) Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services Task 9. Permitting Task 10. Plan Submittal Checklists Task 11. Quality Control/ Quality Assurance TASK 1. DESIGN MANAGEMENT. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change, ■ communicate effectively, ■ coordinate internally and externally as needed, and ■ Proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities. • Hold meetings and communicate internally among team members to allocate team resources. [Water/TPW] • Ensure quality control is practiced in performance of the work [Water/TPW] 1.2. Communications and Reporting • Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements [Water] • Conduct review meetings with the CITY at the end of each design phase. [Water] • Prepare invoices and submit monthly in the format requested by the CITY. [WaterJPW] City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 3 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 • Prepare and submit monthly progress reports in the format provided by the Water Department and TPW. [Water/TPW] • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. [Water] • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. [Water] • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design [Water] • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. [Water] • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. [Water] ASSUMPTIONS • 12 MWBE reports will be prepared • 4 meetings with city staff • 12 monthly progress reports will be prepared • 12 monthly project schedule updates will be prepared DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form G. Plan Submittal Checklists (See Task 10) TASK 2. CONCEPTUAL DESIGN (30 PERCENT). City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 4 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to ■ Study the project, ■ Identify and develop alternatives that enhance the system, ■ Present (through the defined deliverables) these alternatives to the CITY ■ Recommend the alternatives that successfully addresses the design problem, and ■ Obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection • In addition to data obtained from the CITY, ENGINEER will research proposed improvements in conjunction with any other planned future improvements that may influence the project. [Water] • The ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including but not limited to; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. [Water] • The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re- routing plans. [Water] • The ENGINEER shall visit the project site and obtain the meter numbers and sizes on all existing meters to be replaced on the project and shall identify existing sample stations and fire line locations. [Water] 2.2. Geotechnical Investigations • ENGINEER shall advise the CITY of test borings and other subsurface investigations that may be needed for the project. If the CITY determines that such borings or investigations are needed, then the ENGINEER shall work with the CITY and CITY's geotechnical consultant to draw up specifications for such testing program. The cost of such testing will be paid for by the CITY. [Water] 2.3. Fire Line Reconnection A fire line reconnection is not anticipated to be necessary for the lines that have been identified and has therefore not been included in this scope of work. However, the ENGINEER understands that if a fire line is encountered during design survey, then the following procedure should be utilized for the reconnection of fire lines during design and construction of water mains: 2.3.1 All fire lines on existing water mains to be replaced shall be clearly identified on the plans and when necessary, detailed sequence of construction should be provided for the reconnection to ensure that affected properties have adequate fire protection during and after construction. The engineer may need to visit with affected property City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 5 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 owners to obtain fire flow and pressure requirements and incorporate the data into the fire service reconstruction design. [Water] 2.3.2 Design Engineer must coordinate with Water Field Operations during the design stage. For situations where the water main is removed and replaced in the same trench, special attention should be given to maintain adequate fire protection. A 2- inch temporary water line is grossly inadequate to feed a fire line. The transfer time of the fire line to the new water main must be kept to a minimum. Where necessary design and appropriate pay items must be provided for adequate temporary water service to feed fire service lines during construction. If there is any question about the adequacy of the temporary service to the fire line, then the inspector or project manager will request field operations to perform a-pressure test at the nearest fire hydrant or outlet to determine the adequacy of the temporary connections. If the temporary connection is inadequate to provide fire protection until the permanent feed is in place, the project manager will assess the situation and make a determination as to the appropriate action. [Water] 2.3.3 At pre-construction meeting, contractors should be informed of their responsibility to locate, identify and maintain fire service to applicable buildings. The proposed sequence of reconnection for fire lines should be discuss and enforced during construction. The City inspector shall also inspect the project site and take inventory of fire line locations. [Water] 2.3.4 During construction, the inspector shall notify Water Department Field Operations of the pending fire line shut down. In addition, the contractor must notify the local fire station and property owners of the time frame that the fire line will be shut down on company letter head and inspector shall receive a copy. No fire line shut outs will be allowed without this letter. [Water] 2.3.5 The project manager shall be responsible for the implementation and completion of this procedure. [Water] 2.4. The Conceptual Design Package shall include the following: • 1 Cover Sheet [Water] • Graphic exhibits and written summary of alternative design concepts considered, strengths and weaknesses of each, and the rationale for selecting the recommended design concept. [Water] • Proposed phasing of any water, sanitary sewer, and pavement work that is included in this project documented in both the project schedule and narrative form. [Water] • Existing typical sections of the roadway to be constructed for streets designated as limited paving scope. Proposed typical sections which outline the proposed improvements for streets designated full paving scope. Typical sections shall include existing and proposed ROW, existing and proposed lane widths and direction arrows, existing and proposed curbs, sidewalks, and retaining walls. It is assumed that the proposed roadway section will be POL or MOL depending on the geotechnical report provided by the City or as directed by the City. [TPW] City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 6 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 • Conceptual plan and profile sheets showing existing and proposed horizontal roadway alignments, existing and proposed ROW, existing and proposed sidewalks and driveways, proposed lane dimensions and lane arrows, existing drainage structures, city owned and franchise utilities as determined by dig-tess, and existing roadway vertical alignments (profiles). Since the street pavement is not being fully replaced, the ENGINEER will attempt to match the existing pavement elevation. The ENGINEER will attempt to not change the existing roadway drainage pattern. If the existing street has no curbs, super elevated typical sections may be considered to allow drainage to flow across the street. [TPW] • Estimates of probable construction cost. Estimates should be done by street. [Water/TPW] • Documentation of key design decisions. [Water] ASSUMPTIONS • 0 Geotechnical borings are included in this scope. Pavement cores will be provided by in-house City crews. • 2 half size copy 11"x17" copies of the conceptual design package (30% design) will be delivered. • PDF files created from design CAD drawings will be uploaded to the designated project folder in the City's document management system (BIM 360). • ENGINEER shall prepare the meeting minutes of the Concept Review meeting and revise the report, if needed. • ENGINEER shall not proceed with Preliminary Design activities without obtaining written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Package B. Estimates of probable construction cost. TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Development of Preliminary Design Drawings and Specifications shall include the following: • Cover Sheet [Water] • General Notes Sheets and Legend • A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument #8901, PK Nail, City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 7 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). [Water] • Overall project easement layout sheet(s) with property owner information. [Water] None anticipated. • Overall project water and/or sanitary sewer layout sheets. The water layout sheet shall identify the proposed water main improvement/ existing water mains in the vicinity and all water appurtenances along with pressure plane boundaries, water tanks, pump stations, valves, and fire hydrants. The sewer layout sheet shall identify the proposed sewer main improvement/existing sewer mains and all sewer appurtenances in the vicinity. [Water] • Overall water and/or sanitary sewer abandonment sheet. [Water] None anticipated. • Updated existing and proposed typical section sheet. [TPW] • Updated roadway plan and profile sheets displaying station and coordinate data for all horizontal alignment P.C.'s, P.T.'s, P.I.'s; station and elevation data of all vertical profile P.C.'s, P.T.'s, P.I.'s, low points, and high points; lengths of vertical curves, grades, K values, e, and vertical clearances where required. [TPW] Avenue C — 1 sheet, Avenue E — 1 sheet, Avenue G — 1 sheet, Holmes — 1/2 sheet, North Avenue H — other 1/2 sheet, Thrall — 1 sheet • Drainage Area Maps and Drainage Calculations for Thrall and North Avenue H. • Drainage plan and profile sheets for Thrall —2 sheets • Preliminary roadway details to include curbs, curb expansion joints, driveways, sidewalks, and pavement details. It is assumed that the proposed roadway section will be POL or MOL depending on the geotechnical report provided by the City or as directed by the City. ENGINEER will provide any necessary details not provided in city standard details. [TPW] • Driveway cross sections will be required for streets listed in the scope definition above, to determine the driveway limits. Proposed cross sections should be provided for all driveways and the proposed driveway slope shown. The limits of the driveway replacement should be shown in plan view on the paving plan and profile sheets. Streets not selected to include cross sections, shall assume driveway replacement to the ROW line on the plan and profile sheets. [TPW] Thrall — approximately 6 driveways (1/2 sheet), Holmes — approximately 4 driveways (1/2 sheet) • Preliminary signing and pavement marking notes, if applicable. [TPW] • Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, valves, mainline fittings, etc., in the same coordinate system as the Control Points. [Water] • Bench marks per 1,000 ft of plan/profile sheet —two or more. [Water] • Bearings given on all proposed centerlines, or baselines. [Water] City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 8 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 • Station equations relating utilities to paving, when appropriate. [Water] • Plan and profile sheets which show the following: proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants, water service lines and meter boxes, gate valves, isolation valves, manholes, existing meter numbers and sizes that are to be replaced, existing sample locations, existing fire line locations, existing utilities and utility easements, and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. [Water] Avenue C — 1 plan view only sheet top, Avenue E — 1 plan/profile sheet, Avenue G — 1 plan view only sheet bottom, Thrall Water — 1 sheet plan view only top, Holmes — 1/2 plan/profile sheet, Thrall Sewer— other 1/2 plan/profile sheet. • The ENGINEER shall make provisions for reconnecting all identifiable water and/or wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within City right-of-way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. [Water] • The following shall be applicable at all locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or realignment of the existing public sanitary sewer lateral or main: The CITY shall furnish the ENGINEER with a sample format of how the sewer service line reroute/relocation should be designed and submitted for construction. During design survey, if a rod can be inserted through the cleanout to the bottom of the service line, the ENGINEER will obtain the flow line elevation and design the service line prior to advertising the project for bid. If the service flow line information cannot be obtained during design survey, the ENGINEER shall delay the design of the sewer service line until after a Quality Level A Subsurface Utility Engineering (SUE investigation has been performed). The Level A SUE will be performed; (1) by the ENGINEER if included in the fee proposal; or (2) by the CITY prior to bidding if the CITY determines that it is needed for satisfactory completion of the design; or (3) by the Contractor after the project has been bid, by means of a bid item to that effect. In all options, the ENGINEER shall propose appropriate de-hole locations in the project and collect flow line elevation and other applicable information of the sewer service line. The ENGINEER shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. [Water] None anticipated. • Provide map showing location of new manhole construction at the end of existing sewer segments, 90 degree bends, or tee connections. Site survey or specific design plans for manhole construction is not included as part of the scope. The contract documents shall specify that it is the Contractor's responsibility to coordinate utility location, etc. manhole construction. [Water] • The ENGINEER will prepare standard and special detail sheets for water line installation and sewer rehabilitation or replacement that are not already included in the D-section of the CITY's specifications. These may include connection details between various parts of the project, tunneling details, boring and jacking details, City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 9 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. [Water] 3.2. Constructability Review • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. [Water/TPW] 3.3. Public Meeting • After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location, prepare and mail the invitation letters to the affected customers. The ENGINEER needs to coordinate with the City's project manager to format the mailing list of all affected property owners accordingly. [Water] 3.4. Utility Clearance • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. Where conflicts cannot be avoided, coordination of Utility Conflicts will be identified at the Conceptual phase and begin at the Preliminary Design phase. [Water] • In the case of a public utility conflict, the ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for coordination at each design milestone. The ENGINEER may need to coordination directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. [TPW] • The ENGINEER shall upload individual PDF files for each plan sheet of the approved preliminary plan set to the designated project folder in the City's document management system (BIM 360) for forwarding to all utility companies which have facilities within the limits of the project. [Water] • The Engineer shall visit the site during utility relocation to verify the location of re- located facilities is acceptable and report any discrepancies found. Survey verification is not included. [TPW] 3.5. Traffic Control Plan City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 10 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 • Develop a traffic control plan utilizing standard traffic reroute configurations posted as "Typicals" on the CITY's Project Resources website. The typicals need not be sealed individually, if included in the sealed contract documents. [Water] • Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. These drawings shall be sealed by a professional engineer registered in the State of Texas. [Water] 3.6. Estimates of probable construction cost. Estimates should be done by sheet. [Water/TPW] 3.7. Documentation of key design decisions. [Water] ASSUMPTIONS • 1 public meeting(s) will be conducted or attended during the preliminary design phase. • 2 Utility verification site visits(s) will be conducted during the project. • Traffic Control "Typicals" will be utilized to the extent possible. It is assumed an additional 2 project specific traffic control sheets will be developed. • 1 sets of 11 x17 size plans will be delivered for the Constructability Review. • 2 sets of 11x17 size plans will be delivered for the Preliminary Design (60% design). • 2 sets of specifications will be delivered for the Preliminary Design (60% design). • PDF files created from design CAD drawings will be uploaded to the designated project folder in the City's document management system (BIM 360). • All submitted documents and checklists will be uploaded to the designated project folder in the City's document management system (BIM 360). • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings and specifications B. Utility Clearance drawings C. Traffic Control Plan D. Storm Water Pollution Prevention Plan and iSWM Checklist E. Estimates of probable construction cost City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 11 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 F. Data Base listing names and addresses of residents and businesses affected by the project. G. Public Meeting Exhibits TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: 4.1. For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The Engineer will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction which will be incorporated into the SWPPP by the contractor. [Water] 4.2. Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. [Water/TPW] 4.3. Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Construction Documents (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. [Water/TPW] 4.4. The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items, as applicable. [Water/TPW] 4.5. Documentation of key design decisions. [Water] ASSUMPTIONS • 2 sets of 11 x1 7 size drawings and 1 set of 24x36 size drawings and 1 set of specifications will be delivered for the 90% Design package. • A PDF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in the City's document management system (BIM 360). • 10 sets of 11 x1 7 size drawings and 2 set of specifications will be delivered for the 100% Design package. • A PDF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in the City's document management system (BIM 360). • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in the City's document management system (BIM 360). DELVERABLES A. 90% construction plans and specifications. B. 100% construction plans and specifications. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 12 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. The paving quantities and estimate should be street by street. D. Original cover mylar for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto the City's document management system (BIM 360) for access to potential bidders, sell contract documents and maintain a plan holder list. [Water] • Contract documents shall be uploaded in a .xIs file. • Unit Price Proposal documents are to be created utilizing city's unit price tool only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to the City's document management system (BIM 360) in two formats, .pdf and .dwf files. The .pdf will consist of one file of the entire plan set. The .dwf will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER shall sell contract documents and maintain a plan holders list on the City's document management system (BIM 360) from documents sold and from Contractor's uploaded Plan Holder Registrations in the City's document management system (BIM 360). • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's the City's document management system (BIM 360) folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders' questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto the City's document management system (BIM 360) and mail addenda to all plan holders. [Water] • Attend the prebid conference in support of the CITY. [Water] • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. [Water] City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 13 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. [Water] • Attend the bid opening in support of the CITY. ran% Not required. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet are to be uploaded into the project's Bid Results folder on the City's document management system (BIM 360). [Water] • Incorporate all addenda into the contract documents and issue conformed sets. [Water] 5.2. Final Design Drawings 1. Final Design Drawings shall be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall be created from the original CAD drawing files and shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example— "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF and DWF files shall be uploaded to the project's Final Drawing folder in the City's document management system (BIM 360) 2. In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as an individual DWG file with all reference files integrated into the sheet. If the plans were prepared in DGN format, they shall be converted to DWG prior to uploading. The naming convention to be used for the DWG files shall be as follows: I. TPW files shall use the W number as for PDF and DWF files, but shall include the sheet number in the name— "W-1956_SHT01.dwg", "W-1956_SHT02.dwg", etc. II. Water and Sewer file names shall use the X number as for PDF and DWF files, but shall include the sheet number in the name—"X-12155_SHT01.dwg", "X-12755_SHT02.dwg", etc. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 14 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • 3 sets of construction documents will be sold to and made available on the City's document management system (BIM 360) for plan holders and/or given to plan viewing rooms. • 5 sets of 11x17 size and 6 sets of 22x34 size drawings plans and 5 specifications (conformed, if applicable) will be delivered to the CITY. • PDF and DWG files will be uploaded to The City's document management system (BIM 360). DELIVERABLES A. Addenda B. Bid tabulations C. Final iSWM Checklist D. CFW Data Spreadsheet E. Recommendation of award F. Construction documents (conformed, if applicable) TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. [Water] • After the pre-construction conference, the ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. [Water] • The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. [Water/TPW] • The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in the City's document management system (BIM 360). • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, respond to Request for Information (RIF) from the City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 15 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 contractor, review change orders, and make recommendations as to the acceptability of the work. • The ENGINEER will meet with the Project Delivery Team and Contractor on-site to review any field changes. • ENGINEER shall obtain from the City's document management system (BIM 360) and review project specific soils and compaction testing information and compare it to the geotechnical bore data collected on the project. The ENGINEER shall, when applicable, also review pipeline rehabilitation installation logs and associated materials that the CITY provides. [Water] • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. [Water/TPW] • The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list 6.2 Record Drawings [Water/TPW] • The ENGINEER shall prepare Record Drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As-Built Survey o Red-Line Markups from Contractor o Red-Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions • The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, in Adobe Acrobat PDF format and in DWF format. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red-lined drawings shall be returned to the CITY with the digital files. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 16 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 I. TPW file name example —"W-1 956_org47.pdf' where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example —"X-35667_org 36.pdf' where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf • Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in the City's document management system (BIM 360). • For information on the proper manner to submit files and to obtain a file number for the project, the ENGINEER should coordinate with the City project manager. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • One (1) Public Meeting is assumed. • 3 RFI's are assumed. • 3 Change Orders are assumed DELIVERABLES A. Public meeting exhibits B. Response to Contractor's Request for Information C. Review of Change Orders D. Review of shop drawings E. Final Punch List items F. Record Drawings in digital format TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Right-of-Way Research [Water] • The ENGINEER shall determine rights-of-way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 17 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 7.2. Right-of-Way/Easement Preparation and Submittal [Water] • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The ENGINEER shall submit the right-of-way and/or easement documents to CITY PM for real property acquisition • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Project Resources website. 7.3. Temporary Right of Entry Preparation and Submittal [Water] • Prior to construction, the ENGINEER should coordinate with the City project manager to identify all needed Temporary Right of Entries from landowners. • It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Project Resources website. ASSUMPTIONS • 0 Easements or right-of-way documents will be necessary. • 0 Temporary right-of-entry letters will be necessary. • Right-of-Way research and mapping includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on-ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A. Easement exhibits and meets and bounds provided on CITY forms. B. Temporary Right of Entry Letters TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey [Water/TPW] • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 18 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: - The following information about each Control Point; a) Identified (Existing. CITY Monument#8901, PK Nail, 5/8" Iron Rod) b) X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c) Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. — No less than two horizontal bench marks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. 8.2. SUBSURFACE UTILITY ENGINEERING (WHEN REQUESTED AND AS REQUESTED) (TPW) ENGINEER will perform Quality Level B (QL-B) SUE utilizing the appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities with the project mains. For this project QL-B shall be limited to gas mains and gas service lines on all streets except Avenue E. 8.3. Additional Services [Water & TPW] • ENGINEER will perform engineering and survey services as requested by the City. These services will require prior authorization from the City project manager. 8.4. Temporary Right of Entry Preparation and Submittal • Prior to entering property, the ENGINEER shall coordinate with the City's project manager to identify, mail and obtain Temporary Right of Entry from landowners (if necessary). City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 19 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 • The documentation shall be provided in conformance with the checklists and templates available on the City's document management system resources folder. ASSUMPTIONS • Topographic survey at intersection will include no more than 100 ft. in each direction. This is limited to 50'. • Normal minimal traffic control is included. Traffic control requiring lane closures, traffic detouring, flagpersons, police, etc., is considered special traffic control measures and will be considered additional services if required. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/ or permits normally required for a project of this size and type, as follows. 9.1. Texas Department of Transportation (TxDOT) Permit. Coordination and/or Permit is required if projects construction is within TxDOT right-of-way or adjacent such that traffic control would be within TxDOT right-of-way. Engineer to verify applicability to projects in this contract scope. [TPW] None anticipated. • Meet, negotiate and coordinate to obtain approval of the agency issuing the agreement and/or permits. • Completing all forms/applications necessary. • Submitting forms/applications for CITY and TxDOT review • Submitting revised forms for agency review • Responding to agency comments and requests 9.2. Texas Department of Licensing and Regulation (TDLR). This is required for projects with sidewalk construction over $50,000 [TPW] • Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project. • Submit construction documents to the TDLR • Completing all TDLR forms/applications necessary • Obtain the Notice of Substantial Compliance from the TDLR City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 20 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 • Request an inspection from TDLR or a TDLR locally approved Registered Accessibility Specialist no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. • Responding to agency comments and requests 9.3 Storm Water Pollution Prevention Plan • For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The Engineer will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction which will be incorporated into the SWPPP by the contractor. ASSUMPTIONS • Permit preparation will begin after approval of the Conceptual Design. • Assumes (0) TxDOT permit • All costs associated with TDLR plan review and inspections are to be paid by the ENGINEER during the course of the project. • Engineer is responsible for providing plans that are in compliance with TDLR requirements. DELIVERABLES • Provide TDLR plan reviews and make required changes. • Provide for timely inspection by a Registered Accessibility Specialist prior to the construction final inspection. • Copies of Permit Applications TASK 10. PLAN SUBMITTAL CHECKLISTS Engineer shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHECKLIST REQUIREMENTS Traffic Traffic Traffic Street Water Control Control Control Traffic Storm Storm Lights /Sewer Traffic 30% 60% 90% Attachment"A" Signal Engineering Water Water (Submit (Submit Type (Submit All 30% 60% All @ All @ (Submit All 0 ° 30% 60%) ° Required for all work in City ROW Street X X X X V X X X X City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 21 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 Storm Water X X X X X Water/Sewer X X X X *If included in street project ASSUMPTIONS DELIVERABLES TASK 11. QUALITY CONTROL / QUALITY ASSURANCE ENGINEER to provide to the City a Quality Control/ Quality Assurance Plan (QC/QA Plan) outlining the ENGINEER's method of ensuring the highest levels of design and accuracy are incorporated into the calculations, plans, specifications, and estimates. ENGINEER is responsible for and shall coordinate all sub consultant activity to include quality and consistency of plans. If, at any time, during the course of reviewing a submittal of any item it becomes apparent to the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may cease its review and return the submittal to the ENGINEER immediately for appropriate action. A submittal returned to the ENGINEER for this reason may be rejected by the CITY Project Manager. 11.1. QC/QA of Survey and SUE Data • The ENGINEER's Surveyor shall perform Quality Control/ Quality Assurance on all procedures, field surveys, data, and products prior to delivery to the CITY. The CITY may also require the ENGINEER's Surveyor to perform a Quality Assurance review of the survey and/or subsurface utility engineering (SUE) work performed by other surveyors and SUE providers. • ENGINEER's Surveyor shall certify in writing via a letter that the survey information provided has undergone a Quality Control/ Quality Assurance process. • ENGINEER's Subsurface Utility Engineering provider shall certify in writing via a letter that the SUE information provided has undergone a Quality Control/ Quality Assurance process. 11.2. QC/QA of Design Documentation • ENGINEER shall perform a QC/QA review of all documents being submitted for review at all stages of the design including the 30%, 60%, and 90% and Final Document design review submittals. QA should be performed by an individual within the firm who is not on the design team. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 22 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 • ENGINEER is to acknowledge that each item on the Detailed Checklist has been included by checking "done" on the checklist. If a particular checklist item is not applicable, this should be indicated by checking "N/A". If an entire checklist is not applicable, this should be indicated by checking every item on the list as "N/A" and still included with the submittal. The ENGINEER shall use the Detailed Checklist provided by CITY. • A Comment Resolution Log must be used to document conflicting comments between reviewers and to highlight comments made by the CITY that the ENGINEER is not incorporating into the design documents along with the associated explanation. The ENGINEER shall use the Comment Resolution Log provided by CITY. • The documentation of a QC/QA review includes (1) a copy of the color-coded, original marked-up document (or "check print") developed during the QA checking process and/or review forms which sequentially list documents and associated comments; and (2) a QC sign-off sheet with signatures of the personnel involved in the checking process. Mark- ups may also be documented using the Comment Resolution Log. • Evidence of the QC/QA review will be required to accompany all submittals. Documentation shall include, but is not limited to, the following items: - PDF of the completed Detailed Checklists - PDF of the QC/QA check print of the calculations, plans, specifications, and estimates demonstrating that a review has been undertaken; - PDF of previous review comments (if any) and the ENGINEER's responses to those comments in the Comment Resolution Log. • If any of the above information is missing, is incomplete or if any comments are not adequately addressed; the CITY may contact the ENGINEER and request the missing information. If the ENGINEER does not respond to the request within 24 hours, the CITY shall reject the submittal. No additional time will be granted for a returned submittal. • If the ENGINEER has not adequately addressed the comments, the submittal shall be rejected and returned to the ENGINEER immediately to address the issues. ASSUMPTIONS • All submittals to the City will be Quality checked prior to submission. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICE Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 23 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 2 CITY PROJECT NO.:102927 • Negotiation of easements or property acquisition including temporary right-of-entries. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction. • Construction management and inspection services • Periodic site visits during construction phase • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services related to submitting for permits not already included above (ie. TRA, railroad, etc....) • Services related to Survey Construction Staking • Services related to acquiring real property including but not limited to easements, right-of- way, and/or temporary right-of-entries. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 24 of 24 ATTACHMENT B COMPENSATION Design Services for 2022 Bond Year 1 Contract 2 City Project No. 102927 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $ 285,711 as summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department and 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:8.09.2012 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Neel-Schaffer Project Management, $220,201 77.0 Conceptual Design, Preliminary Design, Final Design, and Bid and Construction Phase Services Proposed MBE/SBE Sub-Consultants Salcedo Group Topographic Surveying $45,150 15.8 Rios Group Subsurface Utility Engineering $7,500 2.6 MAS Consultants Engineering Design $12,860 4.6 Non-MBE/SBE Consultants TOTAL $ $285,711 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE 2022 Bond Year 1 Contract 2 $ 285,711 $ 66,510 23.0 City MBE/SBE Goal = 18% Consultant Committed Goal = 23 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. 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B 7« — k k ] 3 E . { \ ) o - \ ! o o § � ) k �/\ -o | z ° \ u \ - « o o - _ o \ o ) {)J } /) f ° `2 2 ^ ) di }(/) ) f .. / k S ( § > - 2 £ § s u d U C'4 \ k G\k 3 $ a�IL : - �/ � 0 )k �k \(( ; (A a 7�tm)brz \ ®f02E {} \, (w)k)k}2 ` \ K /aEuz k — i z JJ2aa= § �i■lilillllllllliilllll�lliii s II �lilllllllllllll�llllllil �i■Itlll�l�l�l�ll�ll��lllllli ��I����������������If��B���� 0���'�I����������'I�I��I��I�� ������0�������������I��O��I�I �I����O�������������I��O��I�I I�1 I�I�I�I�I�IIII�I����I�I�I ■!■111I I I I!111111111111I I I I! � . . .lE lEKE i§EKEmEEEy;;7§RKE lerrE # R§EEr ! :lEE:: ' ===_______-__- l=--- So ;; / \\ - � ] ;::: ; uru;;uu:=:=:;\§ s/\\: ■ §::uu ; :rrrr: ; ;/oo; > 1 k§k�� � �0E {&2 : [ f \,W . - �{ - a k {)// b {)8)\##\\;j)\S! .2 a �:w;!; e;;z!!: ■ �» , ...wi �z!!:l !!!>lz:Iw lz=z: !: !! ;§E ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for 2022 Bond Year 1, Contract 2 Project City Project No. 102927 <List any changes to the Standard Agreement> City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 FORT WORT. ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a "baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth,Texas Attachment D Revision Date:07.20.2018 Page 1 of 1 � ! cz §» 2-------- ---- - ----------- ----------------------------------------------- - : \G : ------------- ) 7 ) jjj ) jj : \ jjjll77k777jjjjlj ) j ) j \ ) » j \ / \ 0 12 0. 10 ) ) ; r _ ) § \ E § § £ 1 § y } / ) ) Vo 0 10 \ _ ) \ ] 7 - : ! . » ® ¥ ! < : f ) \ {_ _ { { \ } ( f \ \ \ \ \ \ ( } } \ \ \ \ / \ } \ \ } ! \ . \ k # E ^ t ( ° \ - _ - - - - 0 1.- - _ _ - t ) ) $ i } } { f ) ) ) } \ j / \ \ / ; ) { { ! ) ; * - ! ; # : } \ } \ \ \ \ \ \ \ \ \ } \ \ \ j \ \ 8 \ \ \ } \ \ \ 8 \ \ \ } \ \ \ \ \ \ \ \ \ \ \ \ \ k \ \ \ \ \ \ \ \ \ \ \ \ \ \ ATTACHMENT "E" LOCATION MAP CITY OF FORT WORTH, TEXAS 2022 BOND YEAR 1 CONTRACT 2 CITY PROJECT NO. 102927 C/) J S. Q O FC AVENUE C F' �` CD8-0.28 LM `'' CD8-0.58 LM r4" , 1 = � s: �' ROSEDALE ST NORTH AVENUE"Hll . 0 o CD8-0.06 LM '. v CD8-0.56 LM i AVENUE"Gl Z W i O 41 Q Q 3 V3 PROJECT SITE LOCATION N.T.S. a° J n. a' n. l.n°uti:Ave ° 'b` aawnmox or .. z, an v f PROJECT: e,,aGENERALI c, --""`-°LOCATION; NEEL—SCHAFFER VICINITY MAPolutions you Eopawom �I� Scanbuildupon N.T.S. .. SUITE... P-2697 F..R,i a ✓,ni N� TBPELS°FIRM NO. F-2697 ATTACHMENT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. i. City shall be included as an additional insured with all rights of defense 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 City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against 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 Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). 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 Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non-owned autos is acceptable. Insured waives all rights against 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 Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against 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 Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims-made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self-funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10)days'notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self-insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first-dollar basis. City, at its sole discretion,may consentto alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured 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 priorto the date of this 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. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 COMMERCIAL AUTO AC 70 05 0316 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PROTECTION - GOLD This endorsement modifies insurance provided under the following: E BUSINESS AUTO COVERAGE FORM ` F i SUMMARY OF COVERAGES A. Effect of This Endorsement s B. Newly Acquired or Formed Entities C. Employees as Insureds—Nonowned Autos D. Additional Insured by Contract, Permit or Agreement ` E. Supplementary Payments—Bail Bonds F. Supplementary Payments—Loss of Earnings G. Personal Effects and Property of Others Extension H. Prejudgment Interest Coverage I. Fellow Employee—Officer, Managers and Supervisors J. Hired Auto Physical Damage ' K. Temporary Substitute Autos—Physical Damage Coverage L. Expanded Towing Coverage M. Auto Loan or Lease Coverage N. Original Equipment Manufacturer Parts--Leased Private Passenger Types O. Deductible Amendments P. Rental Reimbursement Coverage ,t Q. Expanded Transportation Expense R. Extra Expense—Stolen Autos S. Physical Damage Limit of Insurance T. New Vehicle Replacement Cost l U. Physical Damage Coverage Extension j V. Transfer of Rights of Recovery Against Others To Us W. Section IV—Business Auto Conditions— Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory Y. Emergency Lock Out Z. Cancellation Condition �u a AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 7 4 with its permission ( ACP BAG 30-0-7936590 LAXA 16323 INSURED COPY AC7005031600 0001 35 0008126 iI i I COMMERCIAL AUTO AC 70 05 03 16 A. EFFECT OF THIS ENDORSEMENT If specifically required by the written contract or Coverage provided under this policy is modified agreement referenced in the paragraph above, by the provisions of this endorsement. If there any coverage provided by this endorsement to is any conflict between the provisions of this an additional insured shall be primary and endorsement and the provision(s)of any state- any other valid and collectible insurance avail- specific endorsement also attached to this poli- able to the additional insured shall be non- cy, then the provision(s) of the state-specific contributory with this insurance. If the written endorsement shall apply instead of the provi- contract does not require this coverage to be sions of this endorsement that are in conflict, primary and the additional insured's coverage to but only to the extent of the conflict, and only to be non-contributory, then this insurance will be the extent necessary to bring such provisions excess over any other valid and collectible insur- into conformance with the state requirement(s) ance available to the additional insured. contained in the provision(s)of the state-specific endorsement. E. SUPPLEMENTARY PAYMENTS — BAIL B. NEWLY ACQUIRED OR FORMED ENTITIES BONDS The Named Insured shown in the Declarations is Supplementary Payments of SECTION 11 — amended to include any organization you newly COVERED AUTOS LIABILITY COVERAGE is acquire or form, other than a partnership, joint revised as follows: venture, or limited liability company, and over (2) Up to$2,500 for cost of bail bonds(including which you maintain ownership or majority (more bonds for related traffic law violations) than 50%) interest; if there is no other similar in- required because of an "accident"we cover. surance available to that organization. Coverage We do not have to furnish these bonds. under this provision is afforded until the 180`h F. SUPPLEMENTARY PAYMENTS — LOSS OF day after you acquire or form the organization or EARNINGS the end of the policy period, whichever is later. C. EMPLOYEES AS INSUREDS — NONOWNED Supplementary Payments of the SECTION II — AUTOS COVERED AUTOS LIABILITY COVERAGE is revised as follows: The following is added to paragraph A.I. Who Is (`t) All reasonable expenses incurred by the "in- An Insured of SECTION 11 — COVERED AUTOS sated" at our request, including actual loss LIABILITY COVERAGE: of earnings up to $500 a day because of j d. Any "employee" of yours is an "insured" time off from work. while using a covered "auto" you don't own, G. PERSONAL EFFECTS AND PROPERTY OF s hire or borrow in your business or your per- OTHERS EXTENSIONsonal affairs. 1. The. Care, Custody or Control Exclusion of ; D. ADDITIONAL INSURED BY CONTRACT, SECTION II — COVERED AUTOS ' PERMIT OR AGREEMENT LIABILITY COVERAGE, does not apply to The following is added to A.I. Who Is An In- "property damage" to properly, other than sured of SECTION 11 — COVERED AUTOS your property, up to an amount not exceed- LIABILITY COVERAGE: ing $250 in any one "accident". Coverage Any person or organization that you are re- is excess over any other valid and collectible quired to name as an additional insured in a insurance. written contract or agreement that is executed 2. The following paragraph is added to AA or signed by you prior to a "bodily injury" or Coverage Extensions of SECTION III — } "property damage" occurrence is an "insured" PHYSICAL DAMAGE COVERAGE: for Covered Auto Liability coverage. How- c. We will pay up to $500 for your property over, with respect to covered "autos", such that is lost or damaged as a result of a person or organization is an insured only to covered "loss", without applying a de- the extent that person or organization qualifies as an "insured" under A.I. Who is an Insured of ductible. Coverage is excess over any j SECTION 11 — COVERED AUTOS LIABILITY other valid and collectible insurance. I COVERAGE: i Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. AC 70 05 0316 with its permission ACP BAG 30-0-7936590 LAXA 16323 INSURED COPY AC7005031600 0001 35 0008127 ' COMMERCIAL AUTO AC 70 05 03 16 H. PREJUDGMENT INTEREST COVERAGE substitute for a covered "auto" you own that The following paragraph is added to SECTION II is out of service because of its: — COVERED AUTOS LIABILITY COVERAGE, a. Breakdown; 2. Coverage Extensions, a. Supplementary b. Repair; Payments: c. Servicing; (7) Prejudgment interest awarded against the d. "Loss",or "insured" on that part of the judgment we pay. If we make an offer to pay the appli- e. Destruction cable limit of insurance, we will not pay The coverage that applies is the same as any prejudgment interest based on that the coverage provided for the vehicle being period of time after the offer. replaced. I. FELLOW EMPLOYEE -- OFFICERS, MANAGERS, AND SUPERVISORS L. EXPANDED TOWING COVERAGE The Fellow Employee Exclusion in SECTION 11 1. We will pay up to: — COVERED AUTOS LIABILITY COVERAGE is replaced as follows; a. $100 for a covered "auto" you own of I the private passengertype,or A. "Bodily injury" to any fallow "employee" of b, $500 for a covered "auto" you own that the"insured"arising out of and in the course of the fellow "employee's" employment or is not of the private passengertype, s while performing duties related to the con- for towing and labor costs incurred each 4 duct of your business. This exclusion does time the covered "auto" is disabled. Howev- not apply to an "insured" who occupies a er, the labor must be performed at the place position as an officer, manager, or supervi- of disablement. sor. 2. This coverage applies only for an "auto" J. HIRED AUTO PHYSICAL DAMAGE covered on this policy for Comprehensive or If covered"auto"designation symbols 1 or 8 ap- Specified Causes of Loss Coverage and l ply to Liability Coverage and if at least one "au— to" you own is covered by this policy for Com- 3. Payment applies in addition to the otherwise prehensive, Specified Causes of Loss, or Colli- applicable amount of each coverage you sion coverages, then the Physical Damage have on a covered"auto". coverages provided are extended to "autos" you M. AUTO LOAN OR LEASE COVERAGE # lease, hire, rent or borrow without a driver; and 1. In the event of a total "loss" to a covered �} provisions in the Business Auto Coverage Form "auto", we will pay any unpaid amount due applicable to Hired Auto Physical Damage apply on the loan or lease, including up to a max- up to a limit of $100,000. The deductible will be imum of $500 for early termination fees or equal to the largest deductible applicable to any penalties,for your covered"auto"less: owned "auto" for that coverage. Any Compre- hensive deductible does not apply to fire or a. The amount paid under SECTION III — I lightning PHYSICAL DAMAGE COVERAGE of K. TEMPORARY SUBSTITUTE AUTOS — this policy; and PHYSICAL DAMAGE COVERAGE b. Any: The following is added to paragraph C. Certain 1) Overdue lease/loan payments at the j Trailers, Mobile Equipment And Temporary time of the"loss"; Substitute Autos of SECTION I - COVERED 2) Financial penalties imposed under a AUTOS: lease for excessive use, abnormal If Physical Damage Coverage is provided by wear and tear or high mileage; this Coverage Form, the following types of 3) Security deposits not refunded by a vehicles are also covered "autos" for Physi- lessor; cal Damage Coverage: 4) Costs of extended warranties,Credit Any "auto" you do not own while used with Life insurance, Health, Accident, or the permission of its owner as a temporary Disability insurance purchased with the lease; and AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission ACP BAG 30-0-7936590 LAxA 16323 INSURED COPY AC7005031600 0001 35 0008128 COMMERCIAL AUTO AC 70 05 03 16 5) Carry-over balances from previous No deductible applies to glass if the glass is re- leases. paired, in a manner acceptable to us, rather than 2. This coverage only applies to a "loss"which replaced. is also covered under this policy for Com- P. RENTAL REIMBURSEMENT COVERAGE prehensive, Specified Causes of Loss, or 1. This coverage applies only to a covered"au- Collision coverage, to" for which Physical Damage Coverage is 3. Coverage does not apply to any unpaid provided on this policy. amount due on a loan for which the covered 2. We will pay for rental reimbursement ex- "auto"is not the sole collateral. penses incurred by you for the rental of an N. ORIGINAL EQUIPMENT MANUFACTURER "auto"because of"loss"to a covered"auto'. PARTS — LEASED PRIVATE PASSENGER Payment applies in addition to the otherwise TYPES applicable amount of each coverage you Under Paragraph C. Limit of Insurance of have on a covered "auto." No deductibles SECTION III — PHYSICAL DAMAGE apply to this coverage. COVERAGE, Section 4 is added as follows: 3. We will pay only for those expenses incurred l Burin the policy period beginning 24 hours 4. We will use new original equipment vehicle 9 P Y P g� g manufacturer parts for any private passen- after the "loss" and ending, regardless of the s ger type covered "auto" where required by policy's expiration, with the lesser of the I the lease agreement which has a term of at following number of days: . least six months. If a new original equip- a. The number of days reasonably ment vehicle manufacturer part is not in pro- required to repair or replace the covered duction or distribution we may use a like, "auto". If "loss" is caused by theft, this l kind and quality replacement part. number of days is added to the number O. DEDUCTIBLE AMENDMENTS of days it takes to locate the covered C The following are added to the Deductible rovi- "auto"and return it to you. sion of SECTION III — PHYSICAL DAMAGE b. The number of days shown in the COVERAGE: Schedule. If another policy or coverage form that is not an 4. Our payment is limited to the lesser of the automobile policy or coverage form issued by fallowing amounts: this company applies to the same"accident",the a. Necessary and actual expenses following applies: incurred. �l 1. If the deductible under this coverage is the b. $75 for any one day or for a maximum smaller (or smallest) deductible, it will be of 30 days. waived: 5. This coverage does not apply while there 2. If the deductible under this coverage is not are spare or reserve"autos"available to you I? the smaller (or smallest) deductible, it will be for your operations. reduced by the amount of the smaller (or 6. If "loss" results from the total theft of a cov- smallest)deductible. ered "auto" of the private passenger type, If a Comprehensive or Specified Causes of Loss we will pay under this coverage only that Coverage "loss" from one "accident" involves amount of your rental reimbursement ex- I two or more covered "autos", only the highest penses which is not already provided for un- deductible applicable to those coverages will be der SECTION III — PHYSICAL DAMAGE i applied to the "accident," if the cause of the loss COVERAGE Coverage Extension. is covered for those vehicles. This provision only Q, EXPANDED TRANSPORTATION EXPENSE E applies if you carry Comprehensive or Specified Paragraph AA.a. of SECTION 111 — PHYSICAL Causes of Loss Coverage for those vehicles, DAMAGE COVERAGE is replaced by the follow- and does not extend coverage to any covered "autos" for which you do not carry such Ing. coverage. We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense in- curred by you because of the total theft of a Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc AC 70 05 0316 with its permission. ACP BAG 30-0-7936590 LAxA 16323 INSURED COPY AC7005031600 0001 35 0008129 COMMERCIAL AUTO AC 70 05 03 16 covered "auto" of the private passenger type. ment manufacturer or other sources in- We will only pay for those covered "autos" for cluding non-original equipment manu- which you carry Comprehensive or Specified facturers and Causes of Loss Coverage. We will pay for tem- b. If a repair or replacement results in bet- porary transportation expenses incurred during ter than like kind or quality, we will not the period beginning 24 hours after the theft and pay for the amount of the net improve- ending, regardless of the policy's expiration, ment when the covered"auto"is returned to use or we 5. If we offer to pay the actual cash value of pay for its "loss". the damaged or stolen property, we will R. EXTRA EXPENSE --STOLEN AUTOS value auto advertising wraps, paint custom!- The following paragraph is added to Coverage zation, and similar business related advertis- Extensions of SECTION III — PHYSICAL ing modifications, in addition to the actual DAMAGE COVERAGE: cash value of the property. Auto advertising c. We will pay for up to $5,000 for the expense wraps, paint customization, and similar of returning a stolen covered "auto" to you. business related advertising modifications We will pay only for those covered "autos" will be valued at the cost to replace them E for which you carry Comprehensive or Spec- with an adjustment made for depreciation ified Causes of Loss Coverage and physical condition. i I S. PHYSICAL DAMAGE LIMIT OF INSURANCE T. NEW VEHICLE REPLACEMENT COST Under SECTION III — PHYSICAL DAMAGE The following is added to the Limit of Insurance E COVERAGE, Paragraph C., Limit of Insurance provision of SECTION III — PHYSICAL is replaced by the following: DAMAGE COVERAGE: C. Limit Of Insurance 5. The provisions of paragraphs 1. and 3. do 1. The most we will pay for "loss" in any one not apply to a covered "auto" of the private "accident"is the lesser of: passenger type or a vehicle with a gross vehicle weight rating of 20,000 pounds or ¢ a. The actual cash value of the damaged less which is a"new vehicle." I or stolen property as of the time of the "loss", or In the event of a total "loss" to your new ve- hicle to which this coverage applies, we will b. The cast of repairing or replacing the pay at your option: damaged or stolen property. a. The verifiable "new vehicle purchase I; 2. $1500 is the most we will pay for "loss" in price you paid for your damaged vehi- any one "accident" to all electronic equip- cle, not including any insurance or war- ment that reproduces, receives or transmits ranties purchased; l audio, visual or data signals which, at the time of"lass", is; b. If it is available, the purchase price, as negotiated by us, of a "new vehicle" of a. Permanently installed in or upon the the same make, model, and equipment i covered "auto" in a housing, opening or or the most similar model available, not other location that is not normally used including any furnishings, parts, or by the "auto" manufacturer for the in- equipment not installed by the manufac- stallation of such equipment. turer or manufacturers'dealership;or. b. Removable from a permanently installed c. The market value of your damaged ve- housing unit as described in Paragraph hicle, not including any furnishings, 2.a. above or is an integral part of that parts, or equipment not installed by the equipment;or manufacturer or manufacturer's dealer- c. An integral part of such equipment. ship. 3. An adjustment for depreciation and physical We will not pay for initiation or set up costs 1 condition will be made in determining actual associated with loans or leases cash value in the event of a total"loss". As used in this endorsement, a "new 4. The cost of repairing or replacing may: vehicle" means an "auto" of which you are a. Be based on an estimate which includes the original owner that has not been previ- parts furnished by the original equip- AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission i ACP BAG 30-0-7936590 L.AxA 16323 INSURED COPY AC7005031600 0001 35 0008130 COMMERCIAL AUTO AC 70 05 0316 ously titled and which you purchased less a. Your obligation in the Duties in the Event than 365 days before the date of the"loss". of Accident, Claire, Suit or Loss Condi- tion relative to notification requirements U. PHYSICAL DAMAGE COVERAGE applies only when the "accident" or EXTENSIONS "loss"is known to: Under SECTION III — PHYSICAL DAMAGE (1) You, if you are an individual; COVERAGE, A. Coverage, Coverage Exten- (2) A partner,if you are a partnership; sions, b. Loss of Use Expenses is replaced by (3) A member, if you are a limited liability the following: company;or b. Loss of Use Expenses (4) An executive officer or insurance For Hired Auto Physical Damage, we will manager,if you are a corporation. pay expenses for which an "insured" be- b. Your obligation in the. Duties in the Event comes legally responsible to pay for loss of of Accident, Claim, Suit or Loss Condition use of a vehicle rented or hired without a relative to providing us with documents driver, under a written rental contract or concerning a claim or "suit" will not be agreement We will pay for loss of use ex- considered breached unless the breach penses if caused by: occurs after such claim or"suit" is known (1) Other than collision if the Declarations to: indicate that Comprehensive Coverage (1) You, if you are an individual; f is provided for any covered"auto"; (2) A partner, if you are a partnership; 4 (2) Specified Causes of Loss only if the (3) A member, if you are a limited Declarations indicate that Specified liability company;or Causes of Loss Coverage is provided for any covered"auto";or (4) An executive officer or insurance manager,if you are a corporation. (3) Collision only if the Declarations indicate that Collision Coverage is provided for I. any covered"auto." X. HIRED CAR—COVERAGE TERRITORY However, the most we will pay for any Item (5) of the Policy Period, Coverage Territory expenses for loss of use is $50 per day, to a GeneralConditionss replaced by the following: maximum of$1,500.The insurance provided (5) Anywheren theworldif a covered"auto" is by this provision is excess over any other leased, hired, rented or borrowed without a P collectible insurance. driverfor a period of 30 days or less;and V. TRANSFER OF RIGHTS OF RECOVERY Y. EMERGENCY LOCKOUT AGAINST OTHERS TO US We will reimburse you up to $100 for reasonable The following is added to the Transfer Of Rights expense incurred for the services of a locksmith j Of Recovery Against Others To Us Condition: to gain entry into your covered "auto' subject to We waive any right of recovery we may these provisions: have against any person or organization to 1. Your door key, electronic key or key entry the extent required of you by a written con- pad has been lost, stolen or locked in your tract executed prior to any "accident" be- covered "auto" and you are unable to enter cause of payments we make for damages such"auto" , or under this coverage form. 2. Your keyless entry device battery dies and W. NOTICE OF AND KNOWLEDGE OF you are unable to enter such "auto" as a re- OCCURRENCE sult, SECTION IV—BUSINESS AUTO 3. Your key, electronic key or key entry pad 7 CONDITIONS, Paragraph A is amended as has been lost or stolen and you have follows: changed the lock to prevent an unauthorized 6. NOTICE OF AND KNOWLEDGE OF entry; and � OCCURRENCE Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc AC 70 05 0316 with its permission. ACP BAG 30.0-7936590 I_AXA 16323 INSURED COPY AC7005031600 0001 35 0008131 COMMERCIAL AUTO AC 70 05 03 16 4. Original copies of receipts for services of a If we cancel for any reason other than non- locksmith must be provided before reim- payment of premium, we will mail or deliver bursement is payable. to the First Named Insured written notice of Z. CANCELLATION CONDITION cancellation at least 60 days before the ef- fective date of cancellation. This provision Paragraph A.2. of the COMMON POLICY does not apply in those states that require CONDITION — CANCELLATION applies more than 60 days prior notice of cancella- except as follows: tion. u 3j3E 337i 37[ l � JJ is €i[( E I °s 4 3 Ili I I v �9 i �4 0 I 1 3 3 1 AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission ACP BAG 30.0-79 3 65 9 0 LAXA 16323 INSURED COPY AC7005031600 0001 35 0008132 a COMMERCIAL GENERAL LIABILITY CG 72 46 11 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to a. All work, including material, parts or include as an additional insured: equipment furnished in connection with Ongoing Operations such work, on the project (other than 1. Any person or organization for whom you are service, maintenance or repairs) to be performing operations when you and such performed by or on behalf of the person or organization have agreed in writing additional insured(s) at the location of the in a contract or agreement that such person covered operations has been completed: or organization be added as an additional or insured on your policy; and b. that operation of "your work" out of which 2. Any other person or organization you are the injury or damage arises has been put required to add as an additional insured to its intended use by any person or under the contract or agreement described in organization other than another Paragraph 1. above. contractor or subcontractor engaged in performing operations for a principal as a Such person(s) or organization(s) is an additional part of the same project. insured only with respect to liability for "bodily B. Section II — Who Is An Insured is amended to injury", "property damage" or "personal and include as an additional insured: advertising injury"caused, in whole or in part, by: a. Your acts or omissions; or Products—Completed Operations b. The acts or omissions of those acting on Any person or organization with whom you have your behalf; agreed in writing in a contract or agreement that such person or organization be added as an in the performance of your ongoing operations for additional insured on your policy with respect to the additional insured. liability for "bodily injury" or "property damage" However, the insurance afforded to such caused, in whole or in part, by "your work" additional insured described above: performed for such person or organization and a. Only applies to the extent permitted by included in the "products-completed operations law; and hazard". b. Will not be broader than that which you However, the insurance afforded to such are required by the contract or agreement additional insured described above: to provide for such additional insured. a. Only applies to the extent permitted by A person's or organization's status as an law; and additional insured for ongoing operations ends b. Will not be broader than that which you when your operations for the person or are required by the contract or agreement organization described in Paragraph 1. above are to provide for such additional insured. completed. C. With respect to the insurance afforded to these With respect to insurance afforded to these additional insureds, this insurance does not apply additional insureds for ongoing operations, this to "bodily injury", "property damage" or "personal insurance does not apply to "bodily injury" or and advertising injury" arising out of the rendering "property damage" occurring after: CG 72 46 11 15 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 2 with its permission. CG 72 46 11 15 of, or the failure to render, any professional 2. Available under the applicable Limits of architectural, engineering or surveying services, Insurance shown in the Declarations; including: whichever is less. 1. The preparing, approving, or failing to prepare This endorsement shall not increase the or approve, maps, shop drawings, opinions, applicable Limits of Insurance shown in the reports, surveys, field orders, change orders Declarations. or drawings and specifications; or E. With respect to the insurance afforded to these 2. Supervisory, inspection, architectural or additional insureds, the following is added to engineering activities. Section IV — Commercial General Liability This exclusion applies even if the claims against Conditions, Condition 4. Other Insurance and any insured allege negligence or other supersedes any provision to the contrary: wrongdoing in the supervision, hiring, Primary And Noncontributory Insurance employment, training or monitoring of others by This insurance is primary to and will not seek that insured, if the 'occurrence" which caused the contribution from any other insurance "bodily injury" or "property damage", or the available to an additional insured under your offense which caused the "personal and policy provided that: advertising injury", involved the rendering of, or the failure to render, any professional (1) The additional insured is a Named architectural, engineering or surveying services. Insured under such other insurance; and (2) You have agreed in writing in a contract D. With respect to the insurance afforded to these or agreement that this insurance would additional insureds, the following is added to be primary and would not seek Section III—Limits Of Insurance: contribution from any other insurance The most we will pay on behalf of the additional available to the additional insured. insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1. or Paragraph B.; or All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc. CG 72 46 11 15 with its permission. COMMERCIAL GENERAL LIABILITY CG73231214 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Lost Key Coverage "Loss" means unintentional damage or 1. Under Section I — Coverages, Coverage A destruction but does not include Bodily Injury And Property Damage disappearance, theft, or loss of use. Liability, coverage is extended to include C. Non-Owned Watercraft the following: Under Section I — Coverages, Coverage A If a customer's master or grand key, Bodily Injury And Property Damage Liability, excluding electronic key card, is lost while in 2. Exclusions, exclusion g. Aircraft, Auto Or your care, custody or control we will pay the Watercraft Paragraph (2) (a) is replaced with: cost of replacing the keys, including the (a) Less than 51 feet long; and master lock and all keys used in the same D. Expanded Property Damage Coverage lock, the cost of adjusting locks to accept the new keys, or the cost to replace the locks, 1. For the purposes of this endorsement only: whichever is less. Section I — Coverages, Coverage A 2. Limit of Insurance - The most we will pay Bodily Injury And Property Damage for "loss" arising out of any one "occurrence" Liability, 2. Exclusions, exclusion j. is $ 10,000. Damage to Property is amended as follows: 3. Section V Definitions the following is a. Paragraphs .(3), (5), and (6) are deleted added: in their entirety. "Loss" means unintentional physical damage b. Paragraph (4) is deleted in its or destruction to tangible property, including entirety and replaced with: theft or disappearance. Tangible property (4) Personal property in the care does not include money or securities. custody or control of the insured: B. Voluntary Property Damage (a) for storage or sale at premises 1. Section I — Coverages, Coverage A Bodily you own, rent or occupy; or Injury And Property Damage Liability, (b) while being transported by any coverage is extended to include the following: aircraft, "auto" or watercraft At your request, we will pay for "property owned or operated by or rented damage" to property of others caused by you to or loaned to any insured. and while in your possession, arising out of your c. The coverage provided by this business operations and occurring during the endorsement does not apply to policy period. "property damage": 2. Limit of Insurance- The most we will pay (1) Arising out of the disappearance or for"loss" arising out of any one "occurrence" loss of use of personal property; or is $1500. (2) Included in the "products-completed 3. For the purpose of this extended coverage operations hazard". the following definition is added to Section V— Definitions: CG 73 23 12 14 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 5 with its permission. CG73231214 2. Limit of Insurance - The most we will pay F. Supplementary Payments for "property damage" provided by this Under Section I — Coverages, Supplementary coverage in any one "occurrence" is $5,000. Payments — Coverages A and B paragraphs 3. Deductible - Our obligation to pay for a 1.b and 1.d. are replaced with: covered loss applies only to the amount of b. Up to $2,500 for cost of bail bonds required loss in excess of$250. because of accidents or traffic law violations We will pay the deductible amount to effect arising out of the use of any vehicle to which settlement of any claim or `suit" and, upon the Bodily Injury Liability Coverage applies. notification of this action having been taken, We do not have to furnish these bonds. you shall promptly reimburse us for the d. All reasonable expenses incurred by the deductible as has been paid by us. insured at our request to assist us in the This insurance is primary to any expanded investigation or defense of the claim or property damage coverage provided by a "suit", including actual loss of earnings up to separate endorsement attached to this $500 a day because of time off from work. policy, and it will supplant any deductible in G. Newly Formed And Acquired Organizations said endorsement Under SECTION II — WHO IS AN INSURED E. Damage To Premises Rented To You paragraph 3.a. is replaced with: 1. Under Section I — Coverages, Coverage A a. Coverage under this provision is afforded Bodily Injury And Property Damage only until the 1801" day after you acquire or Liability, the last paragraph of 2. form the organization or the end of the policy Exclusions is replaced with: period, whichever is earlier; If Damage to Premises Rented to You is H. Additional Insured — Automatic Status When not otherwise excluded, exclusions c. Required In An Agreement Or Contract With through n. do not apply to damage by fire, You lightning, explosion, smoke or sprinkler Section II —Who Is An Insured is amended to: leakage to premises while rented to you or 1. Any person(s) or organization(s) described temporarily occupied by you with permission of the owner. in Paragraph 2. below with whom you have agreed in writing in a contract or written 2. Under Section III — Limits Of Insurance, agreement that such person or organization paragraph 6 is replaced with: be added as an additional insured on your 6. Subject to 5. above, the Damage To policy during the policy period shown in the Premises Rented To You Limit is the Declarations. most we will pay under Coverage A for 2. Any other person or organization you are damages because of "property damage" required to add as an additional insured to any one premises, while rented to under the contract or agreement described you, or in the case of damage by fire, in Paragraph 1. above. lightning, explosion, smoke or sprinkler The person or organization added as an leakage, while rented to you or insured by this endorsement is an insured temporarily occupied by you with only to the extent you are held liable due to: permission of the owner. The limit is increased to $300,000. a. Lessors of Leased Equipment — with 3. Under Section IV — Commercial General respect to their liability for "bodily injury", Liability Conditions, 4. Other Insurance, b. "property damage", or "personal and Excess Insurance (1) (a) (ii) is replaced advertising injury", caused in whole or in with: part by your maintenance, operation or use of equipment leased to you by such (ii) That is Fire, Lightning, Explosion, Smoke person(s) or organ ization(s). This or Sprinkler leakage insurance for insurance does not apply to any premises rented to you or temporarily "occurrence" which takes place after the occupied by you with permission of the equipment lease expires. owner. Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 73 23 12 14 with its permission. CG73231214 However, their status as additional However, such state or political insured under this policy ends when subdivision's status as additional their lease, contract or agreement with insured under this policy ends when the you for such leased equipment expires. permit ends. b. Managers or Lessors of Premises — d. Owners, Lessees, or Contractors — with respect to liability arising out of the with respect to liability for"bodily injury", ownership, maintenance or use of that "property damage" or "personal part of the premises you own, rent, and advertising injury" caused, in whole lease or occupy. or in part, by: This insurance does not apply to: (1) Your acts or omissions; or (1) Any "occurrence" which takes place (2) The acts or omissions of those after you cease to be a tenant in acting on your behalf; that premises. in the performance of your ongoing (2) Structural alterations, new con- operations performed for that additional struction or demolition operations insured, whether the work is performed performed by or on behalf of the by you or on your behalf. person or organization. The insurance does not apply to: However, their status as additional (1) "Bodily injury", "property damage", insured under this policy ends when you or "personal and advertising injury" cease to be a tenant of such premises. arising out of the rendering of or the c. State or Political Subdivision — failure to render any professional Permits Relating to Premises — with architectural, engineering or survey respect to the following hazards for services, including: which the state or political subdivision (a) The preparing, approving, or has issued a permit or authorization in failing to prepare or approve connection with premises you own, rent maps, shop drawings, opinions, or control and to which this insurance reports, survey, field orders, applies. change orders or drawings and (1) The existence, maintenance, repair, specifications: or construction, erection, or removal of (b) Supervisory, inspection, archi- advertising signs, awnings, tectural or engineering activities. canopies, cellar entrances, coal This exclusion applies even if holes, driveways, manholes, the claims against any insured marquees, hoist away openings, allege negligence or other sidewalk vaults, street banners, or wrongdoing in the supervision, decorations and similar exposures; hiring, employment, training or or monitoring of others by that (2) The construction, erection, or insured, if the "occurrence" removal of elevators; or which caused the "bodily injury" (3) The ownership maintenance or use or "property damage", or the of any elevators covered by this offense which caused the insurance. "personal and advertising This insurance does not apply to: injury", involved the rendering of, or failure to render, any (1) "Bodily injury" or "property damage" professional, architectural, or "personal or advertising injury" engineering or surveying arising out of operations performed services. for the state or municipality; or (2) "Bodily injury" or "property damage" (2) "Bodily injury" or "property damage" occurring after: included within the "products- completed operations hazard". CG 73 23 12 14 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 5 with its permission. CG73231214 (a) All work, including materials, I. Employee Bodily Injury To Another Employee parts or equipment furnished in Under Section II — Who Is An Insured The connection with such work, on following is added to paragraph 2.a.(1): the project (other than service, maintenance or repairs) to be Paragraphs 2.a.(1) (a), (b) and (c) do not apply performed by or on behalf of the to "bodily injury" to a co-"employee" in the additional insured(s) at the course of the co-"employee's" employment by location of the covered you, or to "bodily injury" to a co-"volunteer operations has been completed; worker" while performing duties related to the or conduct of your business. (b) That portion of "your work" out J. Broad Form Named Insured of which the injury or damage Under Section II — Who Is An Insured The arises has been put to its following is added to paragraph 2.: intended use by any person or organization other than another e. Any business entity incorporated or contractor or subcontractor organized under the laws of the United State engaged in performing of America (including any State thereof), its operations for a principal as a territories or possessions or Canada part of the same project. (including any Province thereof) in which the However, a person or organization's status Named Insured shown in the Declarations as additional insured under this policy ends owns, during the policy period, an interest of when your operations for that additional more than fifty percent. If other valid insured are completed. collectible insurance is available to any However, the insurance afforded to such business entity covered by this solely by additional insureds a.—d. described above: reason of ownership by the Named Insured (a) Only applies to the extent permitted by shown in the Declarations in excess of fifty law; and percent, this insurance is excess over the other insurance, whether primary, excess, (b) Will not be broader than that which you contingent, or on any other basis. are required by the contract or K. Aggregate Limit Per Location agreement to provide for such additional insured. Under Section III — Limits Of Insurance the 3. Primary and Noncontributory — Other following is added to paragraph 2: Insurance Conditions The General Aggregate Limit under Section III The following is added to the Other Limits of Insurance applies separately to each Insurance Condition and supersedes any of your locations owned by or rented to you or provisions to the contrary: temporarily occupied by you with the permission Primary and Noncontributory Insurance of the owner. For the purposes of this provision, location means premises involving the same or This insurance is primary to and will not connecting lots, or premises whose connection seek contribution from any other insurance is interrupted only by a public street, roadway, available to an additional insured under your policy provided that: waterway or railroad right-of-way. (a) The additional insured is a Named L. Aggregate Limit Per Project Insured under such other insurance; and Under Section III — Limits Of Insurance The (b) You have agreed in writing in a contract following paragraph is added to paragraph 2: or agreement that this insurance would The General Aggregate Limit under Section III be primary and would not seek Limits of Insurance applies separately to each contribution from any other insurance of your construction projects away from available to the additional insured. premises owned by or rented to you. Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 73 23 12 14 with its permission. CG 7323 12 14 M. Medical Payments hazards or prior "occurrences" or offenses is Under Section III — Limits Of Insurance, not intentional. This provision does not paragraph 7. is replaced with: affect our right to collect additional premium 7. Subject to 5. above, the higher of: or exercise our right of cancellation or non- renewal. a. $10,000; or P. Waiver Of Subrogation b. The amount shown in the Declarations Under Section IV — Commercial General for Medical Expense Limit is the most Liability Conditions, 8. Transfer of Rights of we will pay under Coverage C for all Recovery Against Others to Us the following medical expenses because of "bodily paragraph is added: injury" sustained by one person. This coverage does not apply if Coverage C If required by a written contract executed prior to — Medical Payments is excluded either by loss, we waive any right of subrogation we may the provisions of any coverage forms have against the contracting person or attached to the policy or by endorsement. organization because of payments we make for injury or damage arising out of your ongoing N. Knowledge Of An Occurrence operations or "your work" done under a contract Under Section IV — Commercial General with that person or organization and included in Liability Conditions, The following is added to the "products-completed operations hazards". 2. Duties In The Event Of Occurrence, Q. Liberalization Offense, Claim Or Suit condition: Under Section IV — Commercial General e. Knowledge of an occurrence, offense, claim Liability Conditions, 10. Liberalization the or suit by an agent or employee of any following paragraph is added: insured shall not in itself constitute If we revise this coverage form to provide more knowledge of the insured unless you, a coverage without additional premium charge, partner, if you are a partnership; or an your policy will automatically provide the executive officer or insurance manager, if additional coverage as of the day the revision is you are a corporation receives such notice of an occurrence, offense, claim or suit from effective in your state. the agent or employee. R. Broadened Bodily Injury Definition (Mental f. The requirements in paragraph b. will not Anguish) be considered breached unless there is Under Section V — Definitions definition 3. Is knowledge of occurrence as outlined in replaced with: paragraph e. above. 3. "Bodily injury" means physical injury, O. Unintentional Failure To Disclose Hazard sickness or disease to a person and, if Under Section IV — Commercial General arising out of the foregoing, mental anguish, Liability Conditions, 6. Representations the mental injury, shock or humiliation, including following paragraph is added: death at any time resulting therefrom. d. Your failure to disclose all hazards or prior "occurrences" or offenses existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all All terms and conditions of this policy apply unless modified by this endorsement. CG 73 23 12 14 Page 5 of 5 COMMERCIAL GENERAL LIABILITY CG 81 86 03 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTIONGARDsm GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is a summary of the additional coverages provided by this endorsement. For complete details on a specific coverage, consult the endorsement contract language. 1. Additional Insureds Various additional insured extensions 2. Aggregate Limit Per Project 3. Blanket Waiver of Subrogation If required by written contract, insurer waives right of subrogation 4. Broad Form Named Insured 5. Broadened Definition of BI Definition includes mental anguish 6. Broadened Liability Coverage for Damage to "Your Product" and "Your Work" 7. Contractual Liability— Railroads Expanded definition of "insured contract" 8. Contractual Liability for Personal and Advertising Injury 9. Damage to Premises Rented to You Extends perils Limit: $1,000,000 10. Electronic Data Liability Limit: $100,000 11. Expected and Intended Injury 12. Incidental Medical Malpractice 13. Knowledge of Occurrence 14. Liberalization 15. Lost Key Coverage Occurrence Limit: $10,000 16. Newly Formed and Acquired Organizations 180 days 17. Non-owned Aircraft 18. Non-owned Watercraft Included for watercraft up to 51 ft 19. Supplementary Payments Increased bail bonds limit to $5,000 Increased daily loss of earnings limit to $1,000 per day 20. Unintentional failure to Disclose Hazard 21. Non-duplication of Benefits CG 81 86 03 19 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 7 with its permission. CG 81 86 03 19 1. Additional Insured — Automatic Status When granting the franchise or license Required In An Agreement Or Contract With ends. You d. Lessors of Leased Equipment — SECTION II — WHO IS AN INSURED is with respect to their liability for amended to include: "bodily injury", "property damage", or 1. Any person(s) or organization(s) whom you "personal and advertising injury", are required to add as an additional caused in whole or in part by your insured on this policy under a written maintenance, operation, or use of contract or written agreement, provided the equipment leased to you by such written contract or written agreement: person(s) or organization(s). This insurance does not apply to any (1) Is currently in effect or becomes "occurrence" which takes place after effective during the term or this the equipment lease expires. policy; and However, their status as additional (2) Was executed prior to the "bodily insured under this policy ends when injury," "property damage" or their lease, contract, or agreement "personal and advertising injury" with you for such leased equipment for which the additional insured expires. seeks coverage. e. Lessor of Land — with respect to The person or organization added as an liability arising out of the ownership, additional insured by this endorsement is an maintenance or use of that specific additional insured only with respect to liability part of the land leased to you and for: subject to the following additional 1. "Bodily injury"or "property damage"or exclusions: 2. "Personal and advertising injury"; This insurance does not apply to: due to: (1) Any "occurrence" which takes a. Controlling Interest — with respect place after you cease to be a to their liability arising out of: tenant in that premise; or (1) Their financial control of you; or (2) Structural alterations, new (2) Premises they own, maintain or construction or demolition control while you lease or operations performed by or on behalf of such additional occupy these premises. insured. This insurance does not apply to However, their status as additional structural alterations, new insured under this policy ends when construction and demolition you cease to be a tenant of such operations performed by or for such additional insured. premises. f. Managers or Lessors of Premises b. Co-owner of Insured Premises — — with respect to liability arising out with respect to the co-owner's of the ownership, maintenance, or liability as a co-owner of such use of that part of the premises you premises. own, rent, lease, or occupy. c. Grantor of Franchise or License This insurance does not apply to: Any person or organization that has (1) Any"occurrence"which takes granted you a franchise or license place after you cease to be a by written contract or agreement is tenant in that premises; or an additional insured, but only with respect to their liability as a grantor (2) Structural alterations, new con- of afranchise or license to you. struction, or demolition However, their status as additional operations performed by or on insured under this policy ends when behalf the person or their contract or agreement with you organization. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc., CG 81 86 03 19 with its permission. CG 81 86 03 19 However, their status as additional This exclusion applies even insured under this policy ends when if the claims against any you cease to be a tenant of such insured allege negligence premises. or other wrongdoing in the g. Mortgagee, Assignee or Receiver supervision, hiring, — with respect to their liability as employment, training or mortgagee, assignee, or receiver monitoring of others by that and arising out of the ownership, insured, if the "occurrence" maintenance, or use of a premise which caused the "bodily by you. This insurance does not injury" or "property apply to structural alterations, new damage", or the offense construction or demolition which caused the "personal operations performed by or on and advertising injury", behalf of such additional insured. involved the rendering of, or h. Owners, Lessees, or Contractors failure to render, any — with respect to liability for "bodily professional, architectural, injury", "property damage", or engineering, or surveying "personal and advertising injury" services. caused in whole or in part, by: i. State or Political Subdivision — (1) Your acts or omissions; or Permits Relating to Premises with respect to the following (2) The acts or omissions of those hazards for which the state or acting on your behalf, in the political subdivision has issued a performance of your ongoing permit or authorization in operations performed for that connection with premises you own, additional insured, whether the rent, or control and to which this work is performed by you or on insurance applies. your behalf; or (1) The existence, maintenance, (3) "Your work" performed for that repair, construction, erection, or additional insured and included removal of advertising, signs, in the "products-completed awnings, canopies, cellar operations hazard." entrances, coal holes, drive- The insurance does not apply ways, manholes, marquees, to: hoist away openings, sidewalk (a) "Bodily injury", "property vaults, street banners, or damage", or "personal and decorations and similar advertising injury" arising exposures; or out of the rendering of or the (2) The construction, erection, or failure to render any removal of elevators; or professional architectural, (3) The ownership maintenance or engineering, or survey use of any elevators covered by services, including: this insurance. (i) The preparing, approv- This insurance does not apply to: ing, or failing to prepare 1 "Bodilyin ur "property or " ro or approve maps, shop ( ) y p p y drawings, opinions, damage" or "personal or reports, survey, field advertising injury" arising out of orders, change orders, operations performed for the or drawings and state or municipality; or specifications; or (2) "Bodily injury" or "property (ii) Supervisory, inspection, damage" included within the architectural or eon "products-completed operations hazard". neering activities. CG 81 86 03 19 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission. CG 81 86 03 19 However, such state or political Named Insured shown in the Declarations subdivision's status as additional owns, during the policy period, an interest of insured under this policy ends when more than fifty percent. If other valid the permit ends. collectible insurance is available to any This endorsement shall not increase business entity covered by this solely by the applicable Limits of Insurance reason of ownership by the Named Insured shown in the Declarations. shown in the Declarations in excess of fifty The insurance afforded to such percent, this insurance is excess over the additional insureds described in a.- i. other insurance, whether primary, excess, above: contingent, or on any other basis. (1) Only applies to the extent 5. Broadened Bodily Injury Definition (Mental permitted by law; and Anguish) (2) Will not be broader than any Under SECTION V—DEFINITIONS, Definition 3. coverage requirement in a "Bodily Injury" is replaced with: contract or agreement to provide 3. "Bodily injury" means physical injury, for such additional insured. sickness, or disease to a person and if 2. Aggregate Limit Per Project arising out of the foregoing, mental anguish, mental injury, shock, or Under SECTION III — LIMITS OF INSURANCE, humiliation, including death at any time the following paragraph is added to Paragraph 2: resulting therefrom. The General Aggregate Limit under SECTION III 6. Broadened Liability Coverage for Damage to LIMITS OF INSURANCE applies separately to "Your Product" and "Your Work" Under each of your construction projects away from SECTION I — COVERAGES, COVERAGE A premises owned by or rented to you. BODILY INJURY AND PROPERTY DAMAGE 3. Blanket Waiver Of Subrogation LIABILITY, Paragraph 2. Exclusions is Under SECTION IV — COMMERCIAL amended to delete exclusions k. and I. and GENERAL LIABILITY CONDITIONS, 8. replace them with the following: Transfer Of Rights Of Recovery Against This insurance does not apply to: Others To Us, the following is added: k. Damage to Your Product We waive any right of recovery we may have "Property damage" to "your product" arising against any person or organization because of out of it or any part of it except when payments we make for injury or damage arising caused by or resulting from: out of: (1) Fire; a. Your ongoing operations; or (2) Smoke; b. "Your work" included in the "products completed operations hazard." (3) Collapse; or However, this waiver applies only when you have (4) Explosion. agreed in writing to waive such rights of recovery I. Damage to Your Work in a contract or agreement, and only if the "Property damage" to "your work" arising contract or agreement: out of it or any part of it and included in the a. Is in effect or becomes effective during the "products-completed operations hazard". term or this policy; and This exclusion does not apply: b. Was executed prior to loss. (1) If the damaged work or the work out of 4. Broad Form Named Insured which the damage arises was Under SECTION II —WHO IS AN INSURED, the performed on your behalf by a following is added to Paragraph 2: subcontractor; or e. Any business entity incorporated or (2) If the cause of loss to the damaged organized under the laws of the United State work arises as a result of: of America (including any State thereof), its (a) Fire; territories or possessions, or Canada (b) Smoke; (including any Province thereof) in which the Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc., CG 81 86 03 19 with its permission. CG 81 86 03 19 (c) Collapse; or "property damage" to any one premises, (d) Explosion. while rented to you, or in the case of Under SECTION III — LIMITS OF INSURANCE, damage by fire, lightning, explosion, the following paragraph is added: smoke or sprinkler leakage, while rented to you or temporarily occupied by you Subject to 6. above, $100,000 is the most we with permission of the owner. The limit is will pay under Coverage A for the sum of increased to$1,000,000. damages arising out of any one "occurrence" c. Under SECTION IV — COMMERCIAL because of "property damage" to "your product" GENERAL LIABILITY CONDITIONS, 4. and "your work" that is caused by fire, smoke, Other Insurance, b. Excess Insurance (1) collapse or explosion and is included within the (a) (ii) is replaced with: "product-completed operations hazard". This sublimit does not apply to "property damage" to (ii) That is Fire, Lightning, Explosion, "your work" if the damaged work or the work Smoke or Sprinkler leakage insurance out of which the damage arises was performed for premises rented to you or temporarily on your behalf by a subcontractor. occupied by you with permission of the 7. Contractual Liability— Railroads owner; a. Under SECTION V — DEFINTIONS, the 10. Electronic Data Liability following replaces Paragraph c. of a. Under SECTION I — COVERAGES, definition 9. "Insured Contract": COVERAGE A — BODILY INJURY AND c. Any easement or license agreement; PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion b. Under SECTION V —DEFINITIONS, p. Electronic Data and replace it with the Paragraph f.(1) of definition 9. "Insured following: Contract" is deleted. This insurance does not apply to: 8. Contractual Liability for Personal and p. Electronic Data Advertising Injury Under SECTION I — COVERAGES, COVERAGE B — PERSONAL Damages arising out of the loss of, loss AND ADVERTISING INJURY LIABILITY, in use of, damage to, corruption o Paragraph 2. Exclusions is amended to delete inability access, or inability too exclusion e. Contractual Liability. manipulatee "electronic data" that does not result from physical injury to This provision 8. does not apply to any person tangible property. or organization who otherwise qualifies as an However, this exclusion does not apply additional insured on this Coverage Part. to liability for damages because of 9. Damage to Premises Rented to You "bodily injury." a. Under SECTION I — COVERAGES, b. Under SECTION III — LIMITS OF COVERAGE A — BODILY INJURY AND INSURANCE, the following paragraph is PROPERTY DAMAGE LIABILITY, the last added: paragraph of 2. Exclusions is replaced with: Subject to paragraph 5. above, $100,000 is If Damage To Premises Rented To You is the most we will pay under Coverage A for not otherwise excluded, Exclusions c. all damages arising out of any one through n. do not apply to damage by fire, "occurrence" because of "property damage" lightning, explosion, smoke, or sprinkler that results from physical injury to tangible leakage to premises while rented to you or property and arises out of "electronic data". temporarily occupied by you with permission c. Under SECTION V — DEFINITIONS, the of the owner. following definition is added: b. Under SECTION III — LIMITS OF "Electronic data" means information, facts INSURANCE, Paragraph 6. is replaced with: or programs stored as or on, created or 6. Subject to Paragraph 5. above, the used on, or transmitted to or from computer Damage To Premises Rented To You software, including systems and Limit is the most we will pay under applications software, hard or floppy disks, Coverage A for damages because of CD-ROMS, tapes, drives, cells, data processing devices or any other media CG 81 86 03 19 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission. CG 81 86 03 19 which are used with electronically 12. Incidental Medical Malpractice Liability controlled equipment. a. Under SECTION II—WHO IS AN INSURED, d. Under SECTION V — DEFINITIONS, the Paragraph 2.a.(1)d. does not apply to definition of "property damage" is replaced nurses, emergency medical technicians or by the following for the purposes of the paramedics employed by you arising out of coverage provided by this endorsement his or her providing or failing to provide only: professional health care services, but only if 17. "Property damage" means: such healthcare services are within the a. Physical injury to tangible property, scope of their employment by you or are including all resulting loss of use of related to or arise out of the conduct of your that property. All such loss of use business. shall be deemed to occur at the b. This coverage does not apply if you are time of the physical injury that engaged in the business or occupation of caused it; providing professional health care services. b. Loss of use of tangible property 13. Knowledge Of An Occurrence that is not physically injured. All Under SECTION IV — COMMERCIAL such loss of use shall be deemed GENERAL LIABILITY CONDITIONS, the to occur at the time of the following is added to 2. Duties In The Event Of "occurrence" that caused it; or Occurrence, Offense, Claim Or Suit: c. Loss of, loss of use of, damage to, e. Knowledge of an occurrence, offense, claim corruption of, inability to access, or or suit by an agent or employee of any inability to properly manipulate insured shall not in itself constitute "electronic data," resulting from knowledge of the insured unless you, a physical injury to tangible property. partner, if you are a partnership; or an All such loss of "electronic data" executive officer or insurance manager, if shall be deemed to occur at the you are a corporation receives such notice of time of the "occurrence" that an occurrence, offense, claim or suit from caused it. the agent or employee. For the purposes of this insurance, f. The requirements in Paragraph b. will not be "electronic data" is not tangible considered breached unless there is property. knowledge of occurrence as outlined in e. If Electronic Data Liability is provided at a Paragraph e. above. higher limit by another endorsement 14. Liberalization attached to this policy, then the $100,000 If we revise this endorsement to provide more limit provided by this Provision 10. coverage without additional premium charge, we Electronic Data Liability is part of, and not will automatically provide the additional coverage in addition to, that higher limit. to all endorsement holders as of the day the 11. Expected or Intended Injury revision is effective in your state. Under SECTION I — COVERAGES, 15. Lost Key Coverage COVERAGE A — BODILIY INJURY AND a. Under SECTION I — COVERAGES, PROPERTY DAMAGE LIABILITY, Exclusion a. COVERAGE A BODILY INJURY AND is replaced by the following: PROPERTY DAMAGE LIABILITY, a. Expected Or Intended Injury coverage is extended to include the "Bodily injury" or "property damage" following: expected or intended from the standpoint of If a customer's master or grand key, the insured. excluding electronic key card, is lost, This exclusion does not apply to "bodily damaged or stolen while in your care, injury" or "property damage" resulting from custody or control we will pay the cost of the use of reasonable force to protect replacing the keys, including the master lock persons or property. and all keys used in the same lock, the cost of adjusting locks to accept the new keys, or the cost to replace the locks, whichever is less. Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc., CG 81 86 03 19 with its permission. CG 81 86 03 19 b. Limit of Insurance— For the purpose of this the following: coverage the most we will pay is $ 10,000 (2) A watercraft you do not own that is: per"occurrence". (a) Less than 51 feet long; and 16. Newly Formed And Acquired Organizations (b) Not being used by the insured to a. Under SECTION II—WHO IS AN INSURED, carry persons or property for a in paragraph 3.a., 90th day is changed to charge. 180th day. 19. Supplementary Payments b. This provision does not apply if coverage for Under SECTION I — COVERAGES, newly formed or acquired organizations is SUPPLEMENTARY PAYMENTS — excluded either by the provisions of the COVERAGES A AND B Paragraphs 1.b and Commercial General Liability Coverage Form or by any applicable endorsement. 1.d. are replaced with: 17. Non-Owned Aircraft b. Up to $5,000 for cost of bail bonds required Under SECTION I — COVERAGES, because of accidents or traffic law violations COVERAGE A — BODILY INJURY AND arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. PROPERTY DAMAGE LIABILITY, Exclusion We do not have to furnish these bonds. g. does not apply to an aircraft provided: d. All reasonable expenses incurred by the a. It is hired, chartered or loaned with a paid insured at our request to assist us in the crew; investigation or defense of the claim or b. It is not owned by an insured; "suit', including actual loss of earnings up to c. The pilot in command holds a currently $1,000 a day because of time off from work. effective license for the particular aircraft 20. Unintentional Failure To Disclose Hazard being flown, issued by the duly constituted Under SECTION IV — COMMERCIAL authority of the United States of America GENERAL LIABILITY CONDITIONS, or Canada, designating her or him a Condition 6. Representations the following commercial airline pilot; and paragraph is added: d It is not being used by the insured to carry d. Your failure to disclose all hazards or prior persons or property for a charge. "occurrences" or offenses existing as of the The following is added to SECTION IV, inception date of the policy shall not COMMERCIAL GENERAL LIABILITY prejudice the coverage afforded by this CONDITIONS, Condition 4. Other Insurance, policy provided such failure to disclose all paragraph b. Excess Insurance: hazards or prior "occurrences" or offenses is This Non-Owned Aircraft insurance is excess not intentional. This provision does not affect over any other valid and collectible insurance our right to collect additional premium or whether primary, excess (other than insurance exercise our right of cancellation or non- written to apply specifically in excess of this renewal. policy), contingent or any other basis that 21. Non-Duplication of Benefits would also apply to loss covered under this No one will be entitled to receive duplicate provision. payments for the same elements of loss under 18. Non-Owned Watercraft any of the coverages provided by the Under SECTION I — COVERAGES, Commercial General Liability Coverage form, COVERAGE A — BODILY INJURY AND this endorsement, or any other applicable PROPERTY DAMAGE LIABILITY, Paragraph endorsement. (2) of Exclusion g. is deleted and replaced with All terms and conditions of this policy apply unless modified by this endorsement. CG 81 86 03 19 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission. FORT WORTH.., 102927 PROJECT# BID# (If Applicable Please Check One) Amendment❑ change Order❑ Business Equity Division LETTER OF INTENT A.BusinessEquitySub-Contractor/ConsultantInformation: A certified Business Equity firm is owned by_a Minority or Woman Business Enterprise(MIWBE) [Pursuant to the City of Fort Worth's Business Equity Ordinance, certified Business Equity firms participating under the Ordinance must be certified prior to recommendation of award in order to be counted towards the Business Equity contract goal. Certifying agencies acceptable by the City: North Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier Development Council, Inc. (DFW MSDC), Women's Business Council - Southwest (WBCS), or the Texas Department of Transportation (TXDOT). Note: For Federally-Funded projects the firm must be certified as a Disadvantaged Business Enterprise (DBE) by the NCTRCA and/or TXDOT only-]Pavement,Water,Storm&Sanitary Sewer Improvements for Ave.C(Thrall to Wesleyan),Ave,E(Bishop to Campie), i. Name of Project: _ Ave"G(Binkley to Collard),Holmes St.(Rosedale to Ave.G),N.Ave. H (Dead End to Miller),Thrall St.(Vickery to Ave. D 2. Name of OfferorlPrime Contractor: Neel-Schaffer, Inc. 3. Name of Business Equity Firm: MAS Consultants, LLC 4. The undersigned is prepared to perform the following described work and/or supply the material listed in connection with the above project (where applicable specify"supply"or"install"or both): Design in the amount of$ 12,860.00 Angel Sanchez, P_E. MAS Consultants, LLC (Owner/Authorized Agent)Type or Print Name (Name of Certified Firm) 4401 5/7/2021 (signature of Owner/Authorized Agent of Certified firm) (Date) asanchez@mas-civil.com 817-708-2422 (Email Address) (Phone Number) B.AFFIDAVIT OF Offeror/Prime I HEREBY DECLARE AND AFFIRM that I, James P. Amick, P.E. am the duly authorized representative of (OwnerlAuthorized Agent) Neel-Schaffer, Inc. and that I have personally reviewed the material and facts (Name of OfferorlPrime) set forth in this Letter of Intent. To the best of my knowledge, information and belief, the facts in this form are true, and no material facts have been omitted. Pursuant to the City of Fort Worth's Business Equity Ordinance, any person/entity that makes a false or fraudulent statement in connection with participation of a certified firm in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth's Business Equity Ordinance, do solemnly swear or affirm that the signatures contained herein and the information provided by the Offeror/Prime are true and correct,and that 1 am authorized on behalf of the OfferorlPrime to make the affidavit. James P. Amick, P.E. Neel-Schaffer, Inc. (Owner!Authorized Agent)Type or Print Na (Name of OfferorlPrime) 5/7/2021 (%rtafiure of OwnerlAuthorized Agent) (Date) jim.amick@neel-schaffer.com 817-870-2422 (Email Address) (Phone Number) Department of Diversity and Inclusion Effective 01/01/2021 Business Equity Division Email:DVIN gov FORT WORTH 102927 PROJECT# BID# (If Applicable Please Check One) Amendment❑ Change Order❑ Business Equity Division LETTER OF INTENT A.Business Equity Sub-Contractor/Consultantlnformation: A certified Business Eauity firm is owned by a Minority or Woman Business Enterprise(MIWBE) (Pursuant to the City of Fort Worth's Business Equity Ordinance certified Business Equity firms participating under the Ordinance must be certified prior to recommendation of award in order to be counted towards the Business Equity contract goal. Certifying agencies acceptable by the City: North Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier Development Council, Inc, (DFW MSDC), Women's Business Council - Southwest (WBCS), or the Texas Department of Transportation (TXDOT). Note: For Federally-Funded projects the firm must be certified as a Disadvantaged Business Enterprise (DBE) by the NCTRCA and/or TXDOT only.]Pavement,Water,Storm&Sanitary Sewer Improvements for Ave.C(Thrall to Wesleyan),Ave.E(Bishop to Cample), 1. Name of Project: Ave.G(Binklev to Collard).Holmes St.(Rosedale to Ave.G),N.Ave.H(Dead End to Miller).Thrall St.(Vickery to Ave.D) 2. Name of Offeror/Prime Contractor: Neel-Schaffer, Inc. 3. Name of Business Equity Firm: The Rios Group, Inc. 4. The undersigned is prepared to perform the following described work and/or supply the material listed in connection with the above project (where applicable specify"supply"or"install"or both): Subsurface Utility Engineering in the amount of$ 7,500.00 Rosa Navejar, President The Rios Group, Inc. (Owner/Authorized Agent)Type or Print Name (Name of Certified Firm) 5/7/2021 (Signature of Owner/Authorized AgerUf Certified firm) (Date) rnavejar@rios-group.com 817-345-7500 (Email Address) (Phone Number) B.AFFIDAVIT OF Offeror/Prime I HEREBY DECLARE AND AFFIRM that James P. Amick, P.E. am the duly authorized representative of (OwnerfAuthorized Agent) Neel-Schaffer, Inc. and that I have personally reviewed the material and facts (Name of Offeror/Prime) set forth in this Letter of Intent. To the best of my knowledge,information and belief,the facts in this form are true,and no material facts have been omitted. Pursuant to the City of Fort Worth's Business Equity Ordinance, any person/entity that makes a false or fraudulent statement in connection with participation of a certified firm in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth's Business Equity Ordinance. I do solemnly swear or affirm that the signatures contained herein and the information provided by the Offeror/Prime are true and correct,and that I am authorized on behalf of the OfferorlPrime to make the affidavit. James P. Amick, P.E. Neel-Schaffer, Inc. (6wnerl AuthorizedAgent)Type or P (Name of 0 eror Pr me 5/7/2021 re of Owner/Authorized Age q (Date) jim.amick@neel-schaffer.com 817-870-2422 (Email Address) (Phone Number) Department of Diversity and Inclusion Effective 01/01/2021 Husiness Pquily Diviston Email:r)V1N n1.:Dffice4Bfurtworlhles.0 gov Ph:817-392-2674 FORT WORTH +� PROJECT# 102927 BID# (If Applicable Please Check One) Amendment❑ Change Order❑ Business Equity Division LETTER OF INTENT A.Business EquitySub-Contractor/Consultantlnformation: A certified Business Equity firm is owned by a Minority or Woman Business Enterprise(M/WBE) [Pursuant to the City of Fort Worth's Business Equity Ordinance, certified Business Equity firms participating under the Ordinance must be certified prior to recommendation of award in order to be counted towards the Business Equity contract goal. Certifying agencies acceptable by the City: North Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier Development Council, Inc. (DFW MSDC), Women's Business Council - Southwest (WBCS), or the Texas Department of Transportation (TXDOT). Note: For Federally-Funded projects the firm must be certified as a Disadvantaged Business Enterprise (DBE) by the NCTRCA and/or TXDOT only,] pavement,Water,Storm&Sanitary Sewer Improvements for Ave.C(Thrall to Wesleyan),Ave.E(Bishop to Cample), 1. Name of Project: Ave.G(Binkley to Collard),Holmes St.(Rosedale to Ave.G),N.Ave. H(Dead End to Miller),Thrall St.(Vickery to Ave.D) 2. Name of Offeror/Prime Contractor: Neel-Schaffer, Inc. 3. Name of Business Equity Firm: Salcedo Group, Inc. 4. The undersigned is prepared to perform the following described work and/or supply the material listed in connection with the above project (where applicable specify"supply"or"install"or both): Survey in the amount of$ 45,150.00 Michael Salcedo, P.E., RPLS Salcedo Group, Inc. (Owner/Authorized Agent)Type or Print Nai (Name of Certified Firm) ���2, 5/7/2021 (SignattK of Owner/Au torized Agent of Certified firm) (Date) misaicedo@Salcedogroupinc_com 214-412-3122 (Email Address) (Phone Number) B.AFFIDAVIT OF Offeror/Prime I HEREBY DECLARE AND AFFIRM that I, James P. Amick, P.E. am the duly authorized representative of (Owner/Authorized Agent) Neel-Schaffer, Inc. and that I have personally reviewed the material and facts (Name of OfferodPrime) set forth in this Letter of Intent. To the best of my knowledge,information and belief,the facts in this form are true,and no material facts have been omitted. Pursuant to the City of Fort Worth's Business Equity Ordinance, any person/entity that makes a false or fraudulent statement in connection with participation of a certified firm in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth's Business Equity Ordinance. I do solemnly swear or affirm that the signatures contained herein and the information provided by the Offeror/Prime are true and correct,and that I am authorized on behalf of the Offeror/Prime to make the affidavit. James P. Amick, P.E. Neel-Schaffer, Inc. (Owner/Aulh rued A Qn Type or Print Naipe F (Name of OfferorlPrime) 5/7/2021 ,S"ne ure of Owner/Authorized Agent) (Date) jim.amick@neel-schaffer.com 817-870-2422 (Email Address) (Phone Number) Department of Diversity and Inclusion Effective 01/01/2021 Business Equity Division Email:DVIN BF_0JT1rci4u.k)1h%uiltdcxtu zuv Ph 817-392-2674 6/30/2021 M&C-Council Agenda City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, June 22, 2021 REFERENCE NO.: **M&C 21-0406 LOG NAME: 202022 BOND CONTRACT 2 KICKOFF - NEELS SUBJECT: (CD 8)Authorize Execution of an Engineering Agreement with Neel-Schaffer, Inc. in the Amount of $285,711.00 for Combined Water, Sanitary Sewer, Storm Drain and Street Paving Improvements for 2022 Bond Year 1, Contract 2 Kick Off Project, Adopt Attached Appropriation Ordinances and Amend the Fiscal Years 2021-2025 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an engineering agreement with Neel-Schaffer, Inc. in the amount of $285,711.00 for combined water, sanitary sewer, storm drain and street paving improvements for 2022 Bond Year 1, Contract 2 Kick Off project; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Street Improvement COs Residuals Fund, by decreasing receipts and appropriations in the Contract Street Maintenance Programmable (City Project P00020) in the amount of$139,434.00, and increasing receipts and appropriations in the 2022 Bond Year 1 Contract 2 project(City Project 102927) by the same amount; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of$190,282.00, transferred from available funds within the Water and Sewer Fund, for the purpose of funding the 2022 Bond Year 1, Contract 2 Kick Off project; 4. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the 2007 Critical Capital Projects Fund, by increasing receipts and appropriations in the 2022 Bond Year One Contract 2 Kick off project in the amount of$156,750.00 and decreasing receipts and appropriations from available funds in the Unspecified project (City Project No. UNSPEC) by the same amount; 5. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Stormwater Capital Projects Fund by decreasing receipts and appropriations in the Drainage Improvements programmable project (City Project No. P00043) in the amount of$30,000.00 and increasing receipts and appropriations in the 2022 Bond Year 1, Contract 2 Kick Off project (City Project No. 102927) by the same amount; and 6. Amend the Fiscal Years 2021-2025 Capital Improvement Program. DISCUSSION: This Mayor and Council Communication (M&C) is to authorize the preparation of plans and specifications to advance early starts for construction upon a favorable outcome of the 2022 Bond Program election. For 2022 Bond Year 1, Contract 2 project, this includes water, sanitary sewer, storm drain and street paving improvements on approximately 2.09 lane miles, on the following streets: Street From To Scope Avenue C Thrall Street Wesleyan Street Water/Paving Avenue E Bishop Street Campbell Street Water/Paving Avenue G Binkley Street S Collard Street Water/Paving Holmes Street E Rosedale Street Avenue G Sewer/Paving N Avenue H W Dead End Miller Avenue Paving Thrall Street E Vickery Boulevard Avenue D Water/Sewer/Storm apps.cfwnet.org/ecouncii/printmc.asp?id=28955&print=true&DocType=Print 1/3 6/30/2021 M&C-Council Agenda Drain/Paving The Transportation & Public Works Department's share on this contract is $160,804.00 (Paving: $139,434.00; Storm Drain: $21,370.00). The Water Department's share on this contract is $124,907.00 and will be available in the Water& Sewer Capital Projects Fund for the project(City Project No. 102927). In addition to the contract amount, $230,755.00 (Water: $53,875.00; Sewer: $11,500.00; Storm Drain: $8,630.00; Paving: $156,750.00) is required for project management, utility coordination and material testing. This project will have no impact on the Transportation and Public Works' annual operating budget nor on the Water Department's operating budget when completed. Design is expected to start in July 2021 and be completed by May 2022. Construction should commence in September 2022 and be completed in June 2024. The sanitary sewer component of this project is part of the Water Department's Sanitary Sewer Overflow Initiative Program. Approval of Recommendations 2 will adjust appropriations between a programmable project and convert the 2022 Bond Year 1 Contract 2 project into a static capital project. This action is needed as future funding for this project is anticipated from other funding sources and the scope of this project differs from that of the current programmable project. Appropriations for the water, sanitary sewer, storm drain and paving improvements for 2022 Bond Year 1, Contract 2 project by Fund will consist of the following: Fund EAp xisting Additional project Total* ropriations Appropriations Street Improvements Cos Residuals Fund $139,434.00 $0.00 $139,434.00 39412 2007 Critical Capital $0.00 $156,750.00 $156,750.00 Projects Fund 39001 Storm Water Capital Projects Fund — 52002 $0.00 $30,000.00 $30,000.00 Water & Sewer Capital $0.00 $190,282.00 $190,282.00 Projects - Fund 56002 Project Total $139,434.00 $377,032.00 $516,466.00 *Numbers rounded for presentation purposes. Business Equity: Neel-Schaffer, Inc. is in compliance with the City's Business Equity Ordinance by committing to 18 percent Business Equity participation on this project. The City's Business Equity goal on this project is 18 percent. In order to administratively track the spending of all funding sources in one project, appropriation ordinances are needed to move appropriations from the programmable project to the jointly funded static project. This action will amend the FY2021-2025 Capital improvement Program as approved in connection with Ordinance 24446-09-2020. This project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget of the Water& Sewer Fund , the Drainage Improvements programmable project within the Stormwater Capital Projects Fund and the Unspecified -All Funds project within the 2007 Critical Capital Projects Fund, and upon the approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budgets, as appropriated, in the W&S Capital Projects Fund, Street Imprvmnt COs Residuals Fund, 2007 Critical Capital Projects Fund and Stormwater Capital Projects Fund for the 2022 Bon Yr 1 - Contract 2 project to support the approval of the above recommendations apps.cfwnet.org/ecouncii/printmc.asp?id=28955&print=true&DocType=Print 2/3 6/30/2021 M&C-Council Agenda and execution of the engineering agreement. Prior to any expenditure being incurred, the Transportation & Public Works and Water Departments have the responsibility to validate the availability of funds. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivit Budget Reference # moun ID ID Year (Chartfield 2) FROM Fund Department Accoun Project ProgramActivity BudgetT Reference # moun ID ID Year I (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by_ Dana Burghdoff (8018) Originating Department Head: William Johnson (7801) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 1. 202022 BOND CONTRACT 2 KICKOFF - NEELS funds avail.docx (CFW Internal) 2. 202022 BOND CONTRACT 2 KICKOFF-NEELS 39001 Rec4r.docx (Public) 3. 202022 BOND CONTRACT 2 KICKOFF-NEELS 39412 Rec2r.docx (Public) 4. 202022 BOND CONTRACT 2 KICKOFF-NEELS 52002 Rec5r.docx (Public) 5. 202022 BOND CONTRACT 2 KICKOFF-NEELS 56002 Rec3r.docx (Public) 6. 202022 Bond Contract 2 Kickoff Neels FID Table Update.xlsx (CFW Internal) 7. 202022 Bond Year1 Contract2 1295 Form.PDF (CFW Internal) 8. 202022 Bond Year1 Contract2 M&C Map.pdf (Public) 9. 2022 Bond, Year 1, Contract 2 MWBE Compliance Memo.pdf (CFW Internal) 10. Neel-Schaffer SAM Search.pdf (CFW Internal) apps.cfwnet.org/ecouncii/printmc.asp?id=28955&print=true&DocType=Print 3/3