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HomeMy WebLinkAboutContract 55985 CSC No.55985 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 Criado &Associates, Inc, authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: 2022 Bond Year 1 Contract 4, CPN 102930. 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 $407,890.00 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 OFFICIAL RECORD Standard Agreement for Engineering Related Design Services CITY SECRETARY Revised Date:May 7,2021 Page 1 of 14 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 3 of 14 F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 4 of 14 I. Business Equity Participation 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 6 of 14 P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 7 of 14 F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 8 of 14 I. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 10 of 14 ENGINEER's liability. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 11 of 14 or ENGINEER's respective right to insist upon appropriate performance or 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 I-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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 12 of 14 Attachment C -Amendments to Standard Agreement for Engineering Services 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 Criado &Associates, Inc pang Bu'cih�%ff Dana Burghdoff(`ful 11,202109:42 CDT) Dana Burghdoff Assistant City Manager Cristina Criado, PE President Date:Jul 11,2021 Date: 06 - 2.zl -20 21 APPROVAL RECOMMENDED: . " By:WJ(Jul 6,2021 0:12 CDT) William Johnson Director, Transportation and Public Works Department 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 requirements Akn; Maged Zaki Professional Engineer APPROVED AS TO FORM AND LEGALITY [��1 By:DBlack(Jul 9,202114:10 CDT) Doug Black Assistant City Attorney ATTEST: Form 1295 No.2021-752992 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 OFFICIAL RECORD Page 13 of 14 CITY SECRETARY FT. WORTH, TX oaa F OR) �a p 60 F000000000� �AAd 0 Y 0 oo opid ° 0 o o �d Ron Gonzales day° p M&C No.-21-0408 o Acting City Secertary M&C Date: 06/22/2021 City of Fort worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services Revised Date: Page 14 of 14 May 7,202, CITY SECRETARY FT. WORTH, TX ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 ATTACHMENT A Scope for Engineering Design Related Services for Water, Sanitary Sewer and Paving Improvements DESIGN SERVICES FOR 2022 BOND YEAR 1 CONTRACT 4 CITY PROJECT NO.: 102930 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 Water Water Sewer Sewer Notes: Sewer Map LF Size LF Size No Burton Ave 5 1,278 8" 520 8" Chickasaw Ave 5 603 8" 791 8" Crouch Ave 5 579 8" 537 8" Quails Ln 5 763 16" 2,049 8" Easement between South 5 557 8" Edgewood Terrace and Crouch Avenue TOTAL Water LF 3,223 TOTAL SS LF 4,454 CITY OF FORT WORTH TPW DEPARTMENT PAVING REHABILITATION Street Limits Lane Planned Limited Full Cross Drainage Miles Rehab aving Pavin Section Analysis Procedure Design g *** **** * Desig Burton Ave S Hughes Ave-E Dead 0.58 End POL X Chickasaw Miller Ave-Martin Luther 0.37 POL Ave Mng Fwy X X X Crouch Ave Burton Ave-E Berry St 0.29 POL X X Quails Ln Miller Ave-S Edgewood 1.31 Ter P O L X TOTAL 2.55 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 1 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 *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. ***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. 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 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 DepartmentLOE. 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 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 • 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. [Water/TPW] • 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 [TPW] • 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 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 3 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 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). 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 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 4 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 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 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 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 5 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 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] • 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] • 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 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 6 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 each Control Point: Identified (existing City Monument #8901, PK Nail, 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] • 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] • Updated existing and proposed typical section sheets. [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] • 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] • Drainage Analysis will be required for streets listed in the scope definition above, to include: development of existing and proposed drainage area maps showing main basin area and surface runoff calculation table. • 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] • 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 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 7 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 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] • 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] • 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, 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 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 8 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 • 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] City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 9 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 • 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 • 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 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 10 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 C. Traffic Control Plan D. Storm Water Pollution Prevention Plan and iSWM Checklist E. Estimates of probable construction cost 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. [TPW] 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 11x17 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 11x17 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 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 11 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 A. 90% construction plans and specifications. B. 100% construction plans and specifications. 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] City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 12 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. [Water] • 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. [Water] • 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. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 13 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 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. 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 24x36 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 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 14 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 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 (RFI) from the 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. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 15 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 • 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. 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_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 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. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 16 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 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. 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. • X 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 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 17 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 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. 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. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 18 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 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). • 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. • 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] • 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 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 20 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 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 • 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 (1) 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 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 20 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 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 Water Water (Submit (Submit Engineering Type (Submit All 30% 60% All @ All @ (Submit All @ 30%) 30% 60%) @ 60%) Required for all work in City ROW Street X X X X X` X X X X 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. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 21 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 • 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. • 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 ENGINERR'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 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 22 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YR 1 CONTRACT 4 CITY PROJECT NO.:102930 • 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: • 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 23 of 23 ATTACHMENT B COMPENSATION Design Services for 2022 Bond Year 1, Contract 4 City Project No. 102930 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $ 407,890.00 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 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 % TPW Fee Water Fee Total Fee (of Total) Prime Consultant CRIADO & Project Management, Design, $169,300.00 $187,090.00 $356,390.00 87.4 Associates, Bid & Construction Phase Inc. Services, Surveying Services CRIADO & Special Services $20,000.00 $30,000.00 $50,000.00 12.2 Associates, Inc. Proposed MBE/SBE Sub-Consultants Non-MBE/SBE Consultants ARS, PLLC TDLR Review Services $1,500.00 $1,500.00 0.4 TOTAL $190,800.00 $217,090.00 $ 407,890.00 100% Project Number & Name TPW Fee Water Fee Total Fee MBE/SBE MBE/SBE Fee % 102930 — $190,800.00 $217,090.00 $ 407,890.00 $ 406,390.00 99.6 % Design Services for 2022 Bond Year 1, Contract 4 City MBE/SBE Goal = 17.0% Consultant Committed Goal = 17.0 % 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. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 3 B-3 � \ � \\ \ � 2 2 / f J - 7 ƒ \ ) f § +� - / } cn L = g E � \ Bkj ® \ ° k = / / ° m § f IR / / / \ § | Ia &%# / \ _ _ ( § R ± § / \ a « « 2 32 2 La 7f! : ; E . _ E « ) \ \ s75 I » 99 - -j 3 } \ \ k K )§/) 2 7 � S m k > \ F / \ 0 m J 0 S § 2 > a) § � ® u 0 \ \ o § (j / \ \ j @ / | § k E 2 2) (%( � > w - - \ v ) \ \ o 2 A E ��(\\) §§2 §2 § o r = � � � � � � IL IL § u 220.AA_ � JJJJJJ \\ \ ] J � J / 0. 0. ® mL0 / : - � o2. & a = o \ k | § a § k \ & ' a & ¢ ! § 2\ 2 - \ |oo \ _ \ \ Eo - - ) ) , \ }( \ Z _ ; \ \ \ oo � o _ ee , ! j / & / _ E ] &f)\ \k . }!! 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City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 x N F C w � 61 (O O o a o ai N 0 OC LIF oLaw o n O_ N w \ � O N N N O b Of O n n n On O O N N a-I rl ei rl ei rl ei rl ei rl ei rl ei rl ei rl N e-I rl ei N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ _ 01 01 tD o o o N o . l l o N N N N O O n - V V o N N I o I I m o N o Ol Ll- O O O O O O N O N c-I c-I O N N N N N N N N c-I c-I O N N N O c-I c-I M O N O O of of n o o o O o o� o o O O O O O m o '-I N N N o o o o of M M M o o o o O O O O O O rl O O O O ci c-I c-I c-I c-I O O O N ti ti 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O o O O O O O O O O O O O O O O O O F- ++ N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ w \ \ \ \ \ m U r O m o o O o o o O o o N H r m N N N N m N l0 V/ V H to N N N m h 00 o o o ZO O O O O O O O O N i O N N N O N N N O N N N N N N O O N O Q O M \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ o N N N \ \ \ \ \ \ , \ \ (Y1 W n n n I- r r n I, r r m m O O O O m of o O N N N o o o N o m m o o o Ln o N o 0 0 0 0 0 0 0 0 0 0 o ti o o o 0 0 0 0 0 0 0 0 0 0 Z rj O u OR = u as H V u w F- } .� a z O .- m V cv CD d 3 3 c\j N N � � 3 v v w m m 3 m 0 0 3 o b° E n m n v E E — 0 c n y m u c E a a L o a c in in m o ZEw . u no Q H v - a 0 Q o upi L 3 O o m 3 6 w C al N m m o m N H o u w C . m nn cl co C N w Hu C w U N w O p M M e m m 3 = v a 3 3 _ - � a N m m a v L o U 0 ~ c m {- O C m N Y M O C V C m 0 'op 0 3 N C w 0 '> "O N w C w u mo H w w p U C bU p m C m _ 'w ww c tn_ w w E -p m E E u 01 c O m m \� u o 0 0 = f6 m u p a o u w w w o ov - a a c u o i m a a w u c c m o m v p v v O m w m m Ew ' c 1O m u Z' Z' E c !� no u c a c6 u ¢ m a c Q > > E w c nn ocn c c E "-° m .w m a E i w c ° °q o u a° a° u no 'w E E 'E u no o a m LL m U w p C o u p y w o o o w , m c > v o 'v 'v w m c c c w v c qp O •WD w U O io Y > u U m '> Q a V a s m 0 C WC LL LL N . d w w v Z c m 3 a v e m 3 n 'E v m 3 a o 0 -a a p p E v v e m w w v w n > o v c c '> c o a o � o v o w o v v w o a o wo Q w - e o n a n m a u u v u v a u v m u a c a n m u Q i Y �j a ii F � N O � N 0 � C O O O O c O O O O O O O O O O O O O O O O O O O O O O O .--I � O w O O O ci N M V V/ l0 I, m r O c-I N M V V1 l0 O c-I N M V V1 tD � iy M M M M M M M M M M M M M M M M M M M M M M M M M M M M V Q N 2022 BOND YEAR 1 CONTRACT 4 W-1*1 CITY PROJECT NO. 102930 S ATTACHMENT E a r 1 1 a L1 a �� 1 1 � a e � r ■ �, O f !t r e YI r Wa"° PROJECT LOCATION Saginaw m North and Hadbrd d�Eu Burton Avenue Rl Hil Hats __ �edbrd �� ,Ed ° B Crouch Avenue Lake Worth N� 49m _ Haltom City H.—Blyd '"'E T MAPSCO 79S •^c 9 - -' Trinity Blvd _ San— a a e` ,} e` Park NASJoint u River �o�rt� oak. y� E„t5t RT RTH masatl /nt - Fort orth o s eRood.,los 4wu Adingto i camp a w P,,w art,Dr E t B � WP'—Pkwy E ArM Berry St,- O "►� _ E2I U�Fw a Ea1do Rd �Rorratd R_y.mtA_o­l Hwy 3 Forest Hill C T\ T D O J• a CIVIL ENGINEERING I LAND SURVEYING I SUE I CE&I 4100 Spring Valley Road,Suite 1001 y= (Price Rd D Has,Texas 75244 Ph:(972)392.9092 N 2022 BOND YEAR 1 CONTRACT 4 W_1*1 CITY PROJECT NO. 102930 S ATTACHMENT E 16 1 O > ._ o• 1� ' AL 0 >S• t •r Wit a - ,f _• •+ Q51 r , •a • ,,.• •.. r, t 1• IP -- s U8�oD G, PROJECT LOCATION m Saginaw 'E North H,twaodRd�' Chickasaw Avenue tlE egrB� Richland Hurs edbrd E,I �� _� GIenYIw B Quails Lane `mac Lake Worth Hie 49m Haltom bry T ty Blvd MAPSCO 78Z, 79W, 92C & 92D rini S anSOm r"s Park a ,.�4•a - �OY�w , NASJoint c � River rn' ��w=B . Oake ti y .._ ORTWORTH mxsetn •nt Fort orth o _ s ERoednl.sl 4wu••`i" Adingto lip P,,,err„Dr E B WP• PMwy E ArM _ei y1 �gerry St^ O "►� _ �J` U�Fw a •(y — Y (1 Ea•tlo Rtl �Rorratd R_y.mtA_onsl Hwy 3 Forest Hill C T1 T ♦ D O E; I S < CIVIL ENGINEERING I LAND SURVEYING I SUE I CE&I s s o 4100 Spring Valley Road,Suite 1001 y= (Price Rd Dallas,Texas 75244 , Ph:(972)392.9092 ATTACHMENT F CPN:102930 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 bythe 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 Pequirements 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 coincidentwith 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 Criado&Associates, Inc. BA1 R220779 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE--This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties, and what is and is not covered. A_ BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL. DAMAGE— LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE--INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL.ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION II —COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II -- COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B_5., Who Is An Insured, of SECTION II —COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance services Office,Inc.with its permission. 62256226 20/21 GL/AL/UL/WC/PL Patra 6/10/2021 1:04:47 PM (EDT) Page 3 of 15 COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any"auto"that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered"auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured"against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ae- An Insured, of SECTION II—COVERED AUTOS tions. LIABILITY COVERAGE: Any "employee"of yours is an "insured"while us- (ii) Neither you nor any other involved �- ing a covered"auto"you don't own, hire or borrow "insured" will make any settlement in your business or your personal affairs. without our consent. (iii)We may, at our discretion, participate E. SUPPLEMENTARY PAYMENTS — INCREASED in defending the "insured" against, or LIMITS in the settlement of, any claim or 1. The fallowing replaces Paragraph A.2.a.(2), "suit". of SECTION II—COVERED AUTOS LIABIL- (iv)We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or"property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION 11--COVERED AUTOS LIABIL- SECTION 11 -- COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE—INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses, hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent (c) This insurance is not a substitute far re- or borrow from any of your "employees", quired or compulsory insurance in any partners (if you are a partnership), members country outside the United States, its ter- (if you are a limited liability company) or rit Canada. and possessions, Puerto Rica and Canad members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 62256226 20/21 GL/AL/UL/WC/PL Patra 6/10/2021 1:04:47 PM (EDT) Page 4 of 15 COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will not invalidate the coverage afforded by coverage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto"you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated, ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one"loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE— LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident' or "loss" ap- graph AA.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION III—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident". I. PHYSICAL DAMAGE — TRANSPORTATION (c) A member (if you are a limited liability com- pany) EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or- graph AA.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any"employee" authorized by you to give no- AGE: tice of the"accident" or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto"of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph AA., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: or"loss", provided that the"accident"or"loss" (1) Owned by an"insured"; and arises out of operations contemplated by CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 62256226 20/21 GL/AL/UL/WC/PL I Patra 16/10/2021 1:04:47 PM (EDT) I Page 5 of 15 COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- sect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal, SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance services Office,Inc.with its permission. 62256226 20/21 GL/AL/UL/WC/PL I Patra 16/10/2021 1:04:47 PM (EDT) I Page 6 of 15 COMMERCIAL GENERAL LIABILITY Criado&Associates, Inc. 6801R217646 c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or"suit" is brought. (1) The "bodily injury" or "property damage" for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, subsequent to the signing of that contract or the insured will bring "suit" or transfer those rights agreement by you. to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date SECTION V—DEFINITIONS for audit and retrospective premiums is the date 1 "Advertisement" means a notice that is broadcast or shown as the due date on the bill. If the sum of published to the general public or specific market the advance and audit premiums paid for the segments about your goods, products or services policy period is greater than the earned for the purpose of attracting customers or premium, we will return the excess to the first Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services for the purposes of attracting customers or By accepting this policy, you agree: supporters is considered an advertisement. Page 16 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. 62256226 120/21 GL/AL/UL/WC/PL I Patra 16/10/2021 1:04:47 PM (EDT) I Page 7 of 15 Criado&Associates, Inc. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 6801R217646 OFFICE PAC ISSUE DATE: 6/10/2021 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULENAMES OF ADDITIONAL INSURED PERSON(S)OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS,) A. SECTION II -WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONALINSURED THE PERSON(S)OR ORGANIZATION(S)SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR"BODILY INJURY", "PROPERTY DAMAGE", PERSONAL INJURY OR "ADVERTISING INJURY" CAUSED, IN WHOLE OR IN PART, BY: 1. YOUR ACTS OR OMISSIONS; OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF; IN THE PERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONAL INSURED(S)AT THE LOCATION(S) DESIGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED, THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY:THIS INSURED DOES NOT APPLY TO "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURRING, OR"PERSONAL INJURY" OR CG T8 01 04 19 Page 1 of 2 62256226 20/21 GL/AL/UL/WC/PL I Patra 6/10/2021 1:04:47 PM (EDT) I Page 8 Of 15 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: OPFICE PAC ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following, "ADVERTISING INJURY"ARISING OUT OF AN OFFENSE COMMITTED, AFTER: 1. ALL WORK, INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED IN CONNECTION WITH SUCH WORK, ON THE PROJECT(OTHER THAN SERVICE, MAINTENANCE OR REPAIRS)TO BE PERFORMED BY OR ON BEHALF OF THE ADDITIONAL INSURED(S)AT THE LOCATION OF THE COVERED OPERATIONS HAS BEEN COMPLETED; OR 2. THAT PORTION OF"YOUR WORK" OUT OF WHICH THE INJURY OR DAMAGE ARISES HAS BEEN PUT TO ITS INTENDED USE BY ANY PERSON OR ORGANIZATION OTHER THAN ANOTHER CONTRACTOR OR SUBCONTRACTOR ENGAGED IN PERFORMING OPERATIONS FOR A PRINCIPAL AS A PART OF THE SAME PROJECT. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG T8 01 04 19 Page 2 of 2 62256226 20/21 GL/AL/UL/WC/PL I Patra 16/10/2021 1:04:47 PM (EDT) I Page 9 Of 15 6801 R217646 6/10/2021 Criado&Associates, Inc. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR ARCHITECTS ENGINEERS AND SURVEYORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Non-Owned Watercraft—75 Feet Long Or Less H. Blanket Additional Insured — Governmental B. Who Is An Insured—Unnamed Subsidiaries Entities — Permits Or Authorizations Relating To C. Who Is An Insured—Retired Partners, Members, Premises Directors And Employees I. Blanket Additional Insured — Governmental D. Who Is An Insured — Employees And Volunteer Entities — Permits Or Authorizations Relating To Operations Workers — Bodily Injury To Co-Employees, Co- Volunteer Workers And Retired Partners, J. Incidental Medical Malpractice Members, Directors And Employees K. Medical Payments—Increased Limit E. Who Is An Insured — Newly Acquired Or Formed L. Amendment Of Excess Insurance Condition — Limited Liability Companies Professional Liability F. Blanket Additional Insured—Controlling Interest M. Blanket Waiver Of Subrogation—When Required G. Blanket Additional Insured — Mortgagees, By Written Contract Or Agreement Assignees, Successors Or Receivers N. Contractual Liability— Railroads PROVISIONS uses or is responsible for the use of a A. NON-OWNED WATERCRAFT — 75 FEET watercraft that you do not own that is: LONG OR LESS (1) 75 feet long or less; and 1.. The following replaces Paragraph (2) of (2) Not being used to carry any person Exclusion g., Aircraft, Auto Or Watercraft, or property for a charge; in Paragraph 2. of SECTION I — B. WHO IS AN INSURED — UNNAMED COVERAGES — COVERAGE A — BODILY SUBSIDIARIES INJURY AND PROPERTY DAMAGE The following is added to SECTION 11 —WHO IS LIABILITY: AN INSURED: (2) A watercraft you do not own that is: Any of your subsidiaries, other than a partnership (a) 75 feet long or less; and or joint venture, that is not shown as a Named (b) Not being used to carry any person Insured in the Declarations is a Named Insured or property for a charge; if: `2. The following replaces Paragraph 2.e. of a. You are the sole owner of, or maintain an SECTION II—WHO IS AN INSURED: ownership interest of more than 50% in, such e. Any person or organization that, with subsidiary on the first day of the policy your express or implied consent, either period; and CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 0 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 62256226 20/21 GL/AL/UL/WC/PL I Patra 16/10/2021 1:04:47 PM (EDT) I Page 10 Of 15 COMMERCIAL GENERAL LIABILITY b. Such subsidiary is not an insured under Unless you are in the business or occupation similar other insurance. of providing professional health care No such subsidiary is an insured for "bodily services, Paragraphs (1)(a), (b), (c) and (d) injury" or "property damage" that occurred, or above do not apply to "bodily injury" arising "personal and advertising injury" caused by an out of providing or failing to provide first aid offense committed: or"Good Samaritan services" by any of your retired partners, members, directors or a. Before you maintained an ownership interest "employees", other than a doctor. Any such of more than 50% in such subsidiary; or retired partners, members, directors or b. After the date, if any, during the policy period "employees" providing or failing to provide that you no longer maintain an ownership first aid or"Good Samaritan services" during interest of more than 50% in such subsidiary. their work hours for you will be deemed to be acting within the scope of their employment For purposes of Paragraph 1.of Section II—Who by you or performing duties related to the Is An Insured, each such subsidiary will be conduct of your business. deemed to be designated in the Declarations as: a. A limited liability company; (2) "Personal injury": b. An organization other than a partnership, (a) To you, to your current or retired joint venture or limited liability company; or partners or members (if you are a partnership or joint venture), to your c. A trust; current or retired members (if you are a as indicated in its name or the documents that limited liability company), to your other govern its structure. current or retired directors or "employees" while in the course of his or C. WHO IS AN INSURED—RETIRED PARTNERS, her employment or performing duties MEMBERS, DIRECTORS AND EMPLOYEES related to the conduct of your business, The followingis added to Paragraph 2. of or to our other "volunteer workers" g p Y n orkers SECTION II—WHO IS AN INSURED; while performing duties related to the Any person who is your retired partner, member, conduct of your business; director or "employee"that is performing services (b) To the spouse, child, parent, brother or for you under your direct supervision, but only for sister of that current or retired partner, acts within the scope of their employment by you member, director, "employee" or or while performing duties related to the conduct "volunteer worker" as a consequence of of your business. However, no such retired Paragraph (2)(a) above; partner, member, director or "employee" is an insured for: (c) For which there is any obligation to share damages with or repay someone (1) "Bodily injury": else who must pay damages because of the injury described in Paragraph (2)(a) (a) To you, to your current partners or members (if you are a partnership or or(b) above; or joint venture), to your current members (d) Arising out of his or her providing or (if you are a limited liability company) or failing to provide professional health care to your current directors; services. (b) To the spouse, child, parent, brother or (3) "Property damage"to property: sister of that current partner, member or (a) Owned, occupied or used by; or director as a consequence of Paragraph (1)(a) above; (b) Rented to, in the care, custody or control (c) For which there is any obligation to of, or over which physical control is share damages with or repay someone being exercised for any purpose by; else who must pay damages because of you, any of your retired partners, members the injury described in Paragraph (1)(a) or directors, your current or retired or(b) above; or "employees" or "volunteer workers", any current partner or member (if you are a (d) Arising out of his or her providing or partnership or joint venture), or any current failing to provide professional health care member (if you are a limited liability services. company) or current director. Page 2 of 6 ©2017 The Travelers Indemnity Company.All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 62256226 20/21 GL/AL/UL/WC/PL I Patra 1 6/10/2021 1:04:47 PM (EDT) I Page 11 Of 15 COMMERCIAL GENERAL LIABILITY D. WHO IS AN INSURED — EMPLOYEES AND organization will be deemed to be VOLUNTEER WORKERS — BODILY INJURY designated in the Declarations as: TO CO-EMPLOYEES, CO-VOLUNTEER a. A limited liability company; WORKERS AND RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES b. An organization other than a partnership, joint venture or limited liability company; The following is added to Paragraph 2.a.(1) of or SECTION II—WHO IS AN INSURED: c. A trust; Paragraphs (1)(a), (b) and (c) above do not as indicated in its name or the documents apply to bodily injury" to a current or retired co- that govern its structure. "employee" while in the course of the co- "employee's" employment by you or performing F. BLANKET ADDITIONAL INSURED — duties related to the conduct of your business, or CONTROLLING INTEREST to "bodily injury" to your other "volunteer 1. The following is added to SECTION 11 - workers" or retired partners, members or WHO 15 AN INSURED: directors while performing duties related to the conduct of your business. Any person or organization that has financial control of you is an insured with respect to E. WHO IS AN INSURED—NEWLY ACQUIRED liability for "bodily injury", "property damage" OR FORMED LIMITED LIABILITY COMPANIES or "personal and advertising injury" that The following replaces Paragraph 3, of arises out of: SECTION II—WHO IS AN INSURED: a. Such financial control; or 3. Any organization you newly acquire or form, b. Such person's or organization's other than a partnership or joint venture, and ownership, maintenance or use of of which you are the sole owner or in which premises leased to or occupied by you. you maintain an ownership interest of more than 50%, will qualify as a Named Insured if The insurance provided to such person or there is no other similar insurance available organization does not apply to structural to that organization. However: alterations, new construction or demolition operations performed by or on behalf of such a. Coverage under this provision is person or organization. afforded only: 2. The following is added to Paragraph 4. of (1) Until the 180th day after you acquire SECTIO N 11—WHO IS AN INSURED: or form the organization or the end of This the policy period, whichever is paragraph does not apply to any earlier, if you do not report such premises owner, manager or lessor that has organization in writing to us within financial control of you. 180 days after you acquire or form it; G. BLANKET ADDITIONAL INSURED — or MORTGAGEES, ASSIGNEES, SUCCESSORS (2) Until the end of the policy period, OR RECEIVERS when that date is later than 180 days The following is added to SECTION II —WHO IS after you acquire or form such AN INSURED: organization, if you report such Any person or organization that is a mortgagee, organization in writing to us within assignee, successor or receiver and that you 180 days after you acquire or form it; have agreed in a written contract or agreement b. Coverage A does not apply to "bodily to include as an additional insured on this injury" or "property damage" that Coverage Part is an insured, but only with occurred before you acquired or formed respect to its liability as mortgagee, assignee, the organization; and successor or receiver for"bodily injury", "property C. Coverage B does not apply damage" or "personal and advertising injury" g ppy to "personal that: and advertising injury" arising out of an offense committed before you acquired a. Is "bodily injury" or "property damage" that or formed the organization_ occurs, or is "personal and advertising injury" For the purposes of Paragraph 1. of Section caused by an offense that is committed, 11 — Who Is An Insured, each such CG D3 79 02 19 O 2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 6 includes copyrighted material of Insurance Services Office,Inc.with its permission. 62256226 20/21 GL/AL/UL/WC/PL I Patra 1 6/10/2021 1:04:47 PM (EDT) I Page 12 Of 15 COMMERCIAL GENERAL LIABILITY subsequent to the signing of that contract or openings, sidewalk vaults, elevators, street agreement; and banners or decorations. b. Arises out of the ownership, maintenance or I. BLANKET ADDITIONAL INSURED — use of the premises for which that GOVERNMENTAL ENTITIES — PERMITS mortgagee, assignee, successor or receiver OR AUTHORIZATIONS RELATING TO is required under that contract or agreement OPERATIONS to be included as an additional insured on this Coverage Part. The following is added to SECTION II —WHO IS AN INSURED: The insurance provided to such mortgagee, Any governmental entity that has issued a permit assignee, successor or receiver is subject to the following provisions: or authorization with respect to operations performed b p y you or on your behalf and that you a. The limits of insurance provided to such are required by any ordinance, law, building code mortgagee, assignee, successor or receiver or written contract or agreement to include as an will be the minimum limits that you agreed to additional insured on this Coverage Part is an provide in the written contract or agreement, insured, but only with respect to liability for or the limits shown in the Declarations, "bodily injury". "property damage" or "personal whichever are less. and advertising injury" arising out of such b. The insurance provided to such person or operations. organization does not apply to: The insurance provided to such governmental (1) Any "bodily injury" or "property damage" entity does not apply to: that occurs, or any "personal and a. Any "bodily injury", "property damage" or advertising injury" caused by an offense "personal and advertising injury" arising out that is committed, after such contract or of operations performed for the agreement is no longer in effect; or governmental entity; or (2) Any "bodily injury", "property damage" or b. Any "bodily injury" or "property damage" "personal and advertising injury" arising included in the "products-completed out of any structural alterations, new operations hazard". construction or demolition operations J. INCIDENTAL MEDICAL MALPRACTICE performed by or on behalf of such mortgagee, assignee, successor or 1. The following replaces Paragraph b. of the receiver. definition of "occurrence" in the H. BLANKET ADDITIONAL INSURED — DEFINITIONS Section: GOVERNMENTAL ENTITIES — PERMITS OR b. An act or omission committed in AUTHORIZATIONS RELATING TO PREMISES providing or failing to provide "incidental The following is added to SECTION II —WHO IS medical services", first aid or "Good Samaritan services" to a person, unless AN ENSURED: you are in the business or occupation of Any governmental entity that has issued a permit providing professional health care or authorization with respect to premises owned services. or occupied by, or rented or loaned to, you and 2. The following replaces the last paragraph of that you are required by any ordinance, law, Paragraph 2.a.(1) of SECTION fl — WHO IS building code or written contract or agreement to include as an additional insured on this AN INSURED; Coverage Part is an insured, but only with Unless you are in the business or occupation respect to liability for "bodily injury", "property of providing professional health care damage" or "personal and advertising injury" services, Paragraphs (1)(a), (b), (c) and (d) arising out of the existence, ownership, use, above do not apply to "bodily injury" arising maintenance, repair, construction, erection or out of providing or failing to provide: removal of any of the following for which that (a) "Incidental medical services" by any of governmental entity has issued such permit or your "employees" who is a nurse, authorization: advertising signs, awnings, nurse assistant, emergency medical canopies, cellar entrances, coal holes, technician, paramedic, athletic trainer, driveways, manholes, marquees, hoist away audiologist, dietician, nutritionist, Page 4 of 6 ©2017 The Travelers Indemnity Company.All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 62256226 20/21 GL/AL/UL/WC/PL I Patra 16/10/2021 1:04:47 PM (EDT) I Page 13 Of 15 COMMERCIAL GENERAL LIABILITY occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speech-language pathologist; or or failing to provide "incidental medical (b) First aid or "Good Samaritan services" services" to any person to the extent not by any of your"employees" or "volunteer subject to Paragraph 2.a.(1) of Section II — workers", other than an employed or Who Is An Insured. volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS—INCREASED LIMIT or volunteer workers providing or failing to provide first aid or "Good Samaritan The following replaces Paragraph 7. of services" during their work hours for you SECTION III—LIMITS OF INSURANCE: will be deemed to be acting within the 7. Subject to Paragraph S. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any 3. The following replaces the last sentence of one person, and will be the higher of: Paragraph S. of SECTION III — LIMITS OF a. $10,000; or INSURANCE: For the purposes of determining the b. The amount shown in the Declarations of applicable Each Occurrence Limit, all related this Coverage Part for Medical Expense acts or omissions committed in providing or Limit. failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION—PROFESSIONAL LIABILITY services to any one person will be deemed to be one"occurrence". The following is added to Paragraph 4.b., 4. The following exclusion is added to Excess Insurance, of SECTION IVCOMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION I — CONDITIONS: COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE This insurance is excess over any of the other LIABILITY: insurance, whether primary, excess, contingent or on any other basis, that is Professional Sale Of Pharmaceuticals Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of pharmaceuticals committed by, or with the M. BLANKET WAIVER OF SUBROGATION — knowiedge or consent of the insured. WHEN REQUIRED BY WRITTEN CONTRACT S. The following is added to the DEFINITIONS OR AGREEMENT Section: The following is added to Paragraph 8., Transfer "Incidental medical services" means: Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS: ray or nursing service or treatment, If the insured has agreed in a written contract or advice or instruction, or the related agreement to waive that insured's right of furnishing of food or beverages; or recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage's that Excess Insurance, of SECTION IV — occurs; or COMMERCIAL GENERAL LIABILITY CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed: collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 62256226 20/21 GL/AL/UL/WC/PL I Patra 1 6/10/2021 1:04:47 PM (EDT) I Page 14 Of 15 COMMERCIAL GENERAL LIABILITY N. CONTRACTUAL LIABILITY—RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreement; ,2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. Page 6 of 6 O 2017 The Travelers Indemnity Company_All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 62256226 20/21 GL/AL/UL/WC/PL I Patra 16/10/2021 1:04:47 PM (EDT) I Page 15 Of 15 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, June 22, 2021 REFERENCE NO.: **M&C 21-0408 LOG NAME: 20202022 BOND CONTRACT 4 KICKOFF—CRIADO SUBJECT: (CD 5) Authorize Execution of an Engineering Agreement with Criado &Associates, Inc. in the Amount of $407,890.00 for Combined Water, Sanitary Sewer and Street Paving Improvements for 2022 Bond Year 1 Contract 4 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 Criado &Associates, Inc. in the amount of $407,890.00 for combined water, sanitary sewer and street paving improvements for 2022 Bond Year 1 Contract 4 Kick Off project; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $335,228.00, transferred from available funds within the Water and Sewer Fund, for the purpose of funding the 2022 Bond Year 1 Contract 4 Kick Off project (City Project No. 102930); 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the 2007 Critical Capital Projects Fund in the amount of $378,300.00, from available funds, for the purpose of funding the 2022 Bond Year One Contract 4 Kick Off project (City Project No. 102930); and 4. Amend the Fiscal Years 2021-2025 Capital Improvement Program. DISCUSSION: This Mayor and Council Communication (M&C) is to authorize execution of an engineering agreement with Criado &Associates, Inc. in the amount of$407,890.00 for design services that will support Year 1 construction upon favorable outcome of the 2022 Bond Program election. For the 2022 Bond Year 1 Contract 4 project, this includes water, sanitary sewer and street paving improvements on approximately 2.55 lane miles, on the following streets: Street From To Scope Burton Avenue S Hughes Avenue E Dead End Water/Sewer/Paving Chickasaw Avenue Miller Avenue Martin Luther King Water/Sewer/Paving Freeway Crouch Avenue Burton Avenue E Berry Street Water/Sewer/Paving Quails Lane Miller Avenue S Edgewood Terrace Water/Sewer/Paving Easement between East Berry Street Burton Avenue Sewer South Edgewood Terrace and Crouch Avenue The Transportation & Public Works Department's share on this contract is $190,800.00. The Water Department's share on this contract is $217,090.00 and will be available in the Water&Sewer Capital Projects Fund for the project (City Project No. 102930). In addition to the contract amount, $305,638.00 (Water: $45,888.00, Sewer: $72,250.00, Paving: $187,500.00) is required for project management, utility coordination and material testing. This project will have no impact on the Transportation and Public Works' http://apps.cfwnet.org/ecouncil/printmc.asp?id=28957&print=true&DocType=Print 6/23/2021 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. Appropriations for the water, sanitary sewer, and paving improvements for 2022 Bond Year 1 Contract 4 project by Fund will consist of the following: Existing Additional Fund Appropriations Appropriations Project Total* 2007 Critical Capital Projects $0.00 $378,300.00 $378,300.00 Fund 39001 Water& Sewer Capital Projects - $0.00 $335,228.00 $335,228.00 Fund 56002 Project T F $0.001 $713,528.001 $713,528.00 *Numbers rounded for presentation purposes. Business Equity: Criado &Associates, Inc is in compliance with the Business Equity Ordinance by committing to 17\% participation on this project. The City's goal on this project is 17\%. Additionally, Criado &Associates, Inc is a certified M/WBE firm. 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 5. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget of the Water& Sewer Fund and 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 and 2007 Critical Capital Projects Fund for the 2022 Bond Yr 1 - Contract 4 project to support the approval of the above recommendations 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 ccount Project Program ctivity Budget Reference # mount ID ID Year (Chartfield 2) FROM Fund Department ccount Project Program ctivity Budget Reference # mount ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Dana Burghdoff (8018) http://apps.cfwnet.org/ecouncil/printmc.asp?id=28957&print=true&DocType=Print 6/23/2021 Originating Department Head: William Johnson (7801) Additional Information Contact: Mary Hanna (5565) ATTACHMENTS 1. 20202022 BOND CONTRACT 4 KICKOFF—CRIADO funds availability.docx (CFW Internal) 2. 20202022 BOND CONTRACT 4 KICKOFF — CRIADO 39001 AO21(r3)r.docx (Public) 3. 20202022 BOND CONTRACT 4 KICKOFF — CRIADO 56002 AO21(r2)r.docx (Public) 4. 202022 Bond Contract 4 Kickoff—Criado FID Table.xlsx (CFW Internal) 5. 2022 Bond Year1 Contract4 Compliance Memo.pdf (CFW Internal) 6. 2022 Bond Year1 Contract4 Form1295.pdf (CFW Internal) 7. 2022 Bond Year1 Contract4 M&C map.pdf (Public) 8. 2022 Bond Year1 Contract4 SAM Search - Criado &Associates, Inc..pdf (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=28957&print=true&DocType=Print 6/23/2021