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HomeMy WebLinkAboutContract 58492 CSC No.58492 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 Binkley & Barfield, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: E. Berry St. at S. Riverside Dr. — Project No. 103310. 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 $303,492.00 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. OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY E.Berry St.at S.Riverside Dr. Standard Agreement for Engineering Related Design Services CPN 103310 Revised Date:November 23,2021 FT.WORTH,TX Page 1 of 15 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 E.Berry St.at S.Riverside Dr. Standard Agreement for Engineering Related Design Services CPN 103310 Revised Date:November 23,2021 Page 2 of 15 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 E.Berry St.at S.Riverside Dr. Standard Agreement for Engineering Related Design Services CPN 103310 Revised Date:November 23,2021 Page 3 of 15 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 E.Berry St.at S.Riverside Dr. Standard Agreement for Engineering Related Design Services CPN 103310 Revised Date:November 23,2021 Page 4 of 15 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 No. 25165-10-2021 (replacing 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 City of Fort Worth,Texas E.Berry St.at S.Riverside Dr. Standard Agreement for Engineering Related Design Services CPN 103310 Revised Date:November 23,2021 Page 5 of 15 effect as of the time copying is performed. 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 respondeat 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 E.Berry St.at S.Riverside Dr. Standard Agreement for Engineering Related Design Services CPN 103310 Revised Date:November 23,2021 Page 6 of 15 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 E.Berry St.at S.Riverside Dr. Standard Agreement for Engineering Related Design Services CPN 103310 Revised Date:November 23,2021 Page 7 of 15 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 E.Berry St.at S.Riverside Dr. Standard Agreement for Engineering Related Design Services CPN 103310 Revised Date:November 23,2021 Page 8 of 15 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. City of Fort Worth,Texas E.Berry St.at S.Riverside Dr. Standard Agreement for Engineering Related Design Services CPN 103310 Revised Date:November 23,2021 Page 9 of 15 D. Termination (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' 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 City of Fort Worth,Texas E.Berry St.at S.Riverside Dr. Standard Agreement for Engineering Related Design Services CPN 103310 Revised Date:November 23,2021 Page 10 of 15 property infringement,or failure to pay a subcontractor or supplier.CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. 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. City of Fort Worth,Texas E.Berry St.at S.Riverside Dr. Standard Agreement for Engineering Related Design Services CPN 103310 Revised Date:November 23,2021 Page 11 of 15 The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time-employees and the contract value is $100,000 or more, the 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 if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies City of Fort Worth,Texas E.Berry St.at S.Riverside Dr. Standard Agreement for Engineering Related Design Services CPN 103310 Revised Date:November 23,2021 Page 12 of 15 ENGINEER acknowledges that in accordance with Chapter 2274 of the Texas Government Code-(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the CITY is prohibited from entering into a contract for goods or services that has a value of$100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full- time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2)will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 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 City of Fort Worth,Texas E.Berry St.at S.Riverside Dr. Standard Agreement for Engineering Related Design Services CPN 103310 Revised Date:November 23,2021 Page 13 of 15 same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A- Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services 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 Binkley & Barfield, Inc. lam' William Johnson(Nov 8,202210:57 GMT+1) William Johnson -� Assistant City Manager Tony Roma ll, P.E. Managing Director Date: Nov 18,2022 44�onn �'> EORT �9�o Date: 10/24/22 /.g ATTEST: �dd aadS nEXpSa 4;g%ette S.Goodall(Nov 18,2022 08 C5T) Jannette Goodall City Secretary APPROVAL RECOMMENDED: By/U� Lauren Prieur Interim Director, Transportation and Public Works APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2022-927470 WA By:D41lack(Nov 17,202214:51 CST) Douglas W Black M&C No.: 22-0832 Sr. Assistant City Attorney M&C Date: 10/11/2022 City of Fort Worth,Texas OFFICIAL RECORD E.Berry St.at S.Riverside Dr. Standard Agreement for Engineering Related Design Services CITY SECRETARY CPN 103310 Revised Date:November 23,2021 Page 14 of 15 FT.WORTH,TX 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. "6�- Chad Allen Senior Professional Engineer City of Fort Worth,Texas E.Bar y St.at S.Riverside Dr. Standard Agreement for Engineering Related Design Services CPN 103310 Revised Date:November 23,2021 Page 15 of 15 FoRTWORTH. ATTACHMENT "A" Scope for Engineering Design Related Services for Intersection Improvements 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. OBJECTIVE The objective of the E Berry Street and S Riverside Drive Intersection Project is to improve capacity of intersection by designing/construction traffic signal improvements and channelized right turn islands. WORK TO BE PERFORMED 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. Quality Control/ Quality Assurance City of Fort Worth,Texas E. Berry St.at S. Riverside Dr. Attachment A CPN 103310 PMO Release Date:07.23.2012 Page 1 of 27 FoRTWORTH. TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team: • Lead, manage and direct design team activities • Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance of the work. Refer to Task 10 for further details. • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting: • Attend a pre-design project kickoff/charter meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Attend two (2) field meetings with CITY representatives, including Traffic Management, prior to the 30% and 90% submittals. • Conduct and document biweekly project update meetings with CITY Project Manager • Conduct review meetings with the CITY at the end of each design phase • Conduct and document monthly design team meetings • Conduct QC/QA reviews and document those activities. Refer to Task 10 for further details • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit monthly Project Status Reports in the format provided by the respective Transportation and Public Works Department. • 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 in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. This PROJECT requires a Tier 3 schedule as defined in the City's Specification 00 31 15 entitled Engineer Project Schedule. • Prepare and submit a preliminary Project Risk Register, preliminary Stakeholder Register, and preliminary Project Communications Plan. CITY to modify and finalize. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project City of Fort Worth,Texas Page 2 of 27 Attachment A PMO Release Date:02.06.2015 E.Berry St.at S. Riverside Dr. Page 2 of 27 CPN 103310 FoRTWORTH. • 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 • 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. • 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. ASSUMPTIONS • One (1) pre-design project kickoff/chartering meeting • Two (2)field review meetings • Twenty-four (24) biweekly project update meetings during design phase • Four (4) plan review meetings • Twelve (12) monthly design team meetings • All submittals to the City will be Quality checked prior to submission. • Project design phase is anticipated to take Nine (9) months. • Project construction phase is anticipated to take Nine (9) months. • Twelve (12) monthly updates of Project Status Reports, MWBE forms, TPBE, Risk Register, and project Schedule. DELIVERABLES A. Meeting summaries with action items B. QC/QA documentation C. Baseline design schedule D. Preliminary Project Risk Register, preliminary Stakeholder Register, and preliminary Project Communications Plan E. Monthly Schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly Project Status Reports G. Monthly TPBE spreadsheet updates H. Monthly Project Risk Register updates I. Plan Submittal Checklists (See Task 10) City of Fort Worth,Texas Page 3 of 27 Attachment A PMO Release Date:02.06.2015 E.Berry St.at S. Riverside Dr. Page 3 of 27 CPN 103310 FoRTWORTH. J. Monthly invoices K. Monthly M/WBE Report Form and Final Summary Payment Report Form City of Fort Worth,Texas Page 4 of 27 Attachment A E.Berry St.at S. Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 4 of 27 FORTWORTH. 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 identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection • Traffic Count Data: Microsoft Excel spreadsheet of Raw 4-hour Turning Movement Count data gathered at 15-minute intervals. Provide Peak-Period Summaries by Approach. Spreadsheet shall be uploaded to the Document Management folder 'TPW Traffic Count Data' (currently BIM 360) • In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. • 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. 2.2. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) per Task 8. 2.3. Utility Clearance • ENGINEER will develop the design of 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 begin at the Conceptual Design phase. • 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. 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. City of Fort Worth,Texas Page 5 of 27 Attachment A E.Berry St.at S. Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 5 of 27 FoRTWORTH. • The ENGINEER shall upload a PDF file 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. The PDF file should be created directly from the CAD files. 2.4 The Conceptual Design Package shall include the following: Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. • Quantity Summary page and each design sheet shall include a quantity take off table. • Traffic Engineering study to support the recommended design alternative, including: a crash analysis that evaluates 3 years of crash data (approximately 100 crashes) and an investigation of crash modification factors and their potential impact on crash frequency. A Highway Capacity Manual level of service (LOS) analysis will be performed to evaluate future operations during an opening year period (such as 5 years from the present). • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. • Traffic Count Data: Microsoft Excel spreadsheet of Raw 4-hour Turning Movement Count data gathered at 15-minute intervals. Provide Peak-Period Summaries by Approach. Spreadsheet shall be uploaded to the Buzzsaw folder `TPW Traffic Count Data'. • Existing typical sections of the roadway to be constructed along with proposed typical sections which outline the proposed improvements. Typical sections shall include existing and proposed ROW, existing and proposed lane widths and direction arrows, existing and proposed curbs, sidewalks, and retaining walls. • 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, and existing roadway vertical alignments (profiles). • Documentation of key design decisions. • Estimates of probable construction cost. ASSUMPTIONS • Three (3) sets of 11"x17" size plans will be delivered for the 30% 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). ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. City of Fort Worth,Texas Page 6 of 27 Attachment A E.Berry St.at S. Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 6 of 27 FoRTWORTH. DELIVERABLES A. Conceptual Design Package B. Traffic Count Data C. Traffic Engineering Study City of Fort Worth,Texas Page 7 of 27 Attachment A E.Berry St.at S. Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 7 of 27 FoRTWORTH. 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. The Preliminary Design Drawings and Specifications shall include the following: • Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. • Quantity Summary page and each design sheet shall include a quantity take off table. • Traffic Control Plan including all construction signage and pavement markings which will be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. • A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument#8901, PK Nail, 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). • Updated existing and proposed typical section sheets. • 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. • No less than two bench marks plan/profile sheet. • Bearings given on all proposed centerlines, or baselines. • Station equations relating utilities to paving, when appropriate. • Overall project easement layout sheet(s). • Intersection layout sheets including ROW lines, horizontal alignments, utilities, curbs, sidewalks, driveways, lane dimensions and arrows, and existing and proposed contours (0.25' intervals) • Preliminary traffic signal and roadway details to include curbs, curb expansion joints, driveways, sidewalks, and pavement details. • Drainage sheet showing relocation of existing inlet (same size) along with extension of existing storm sewer laterals (same size). Existing analysis of storm sewer capacity not included. City of Fort Worth,Texas Page 8 of 27 Attachment A E.Berry St.at S.Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 8 of 27 FoRTWORTH. • Preliminary signing, pavement marking, illumination and signal layouts. • Documentation of key design decisions. • Estimates of probable construction cost. 3.2. Geotechnical Investigation/Pavement Design • Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. In addition to the above investigations, borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. • The ENGINEER shall prepare a detailed geotechnical engineering study and pavement design in conformance with the City of Fort Worth Pavement Design Standards Manual, 2005. The study shall include recommendations regarding utility trenching and identify existing groundwater elevation at each boring. 3.3. 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. 3.4. Public Meeting After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, and attend one (1) public meeting to help explain the proposed project to residents. The CITY shall select a suitable location, time and date. The Engineer needs to coordinate with the City's project manager to format the mailing list of all affected property owners accordingly. 3.5. Utility Clearance • ENGINEER will develop the design of 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. • 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. City of Fort Worth,Texas Page 9 of 27 Attachment A E.Berry St.at S. Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 9 of 27 FoRTWORTH. • The ENGINEER shall upload a PDF file 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. The PDF file should be created directly from the CAD files. • ENGINEER to obtain utility as-builts and/or do field visits to confirm relocation is complete and that the utility has been relocated in accordance with the plans, report any discrepancies found, and provide documentation to support findings. • ENGINEER to upload all utility as-builts in the City's document management system (BIM 360) ASSUMPTIONS • Three (3) sets of 11"x17" size plans will be delivered for the 60% design for review coordination. • One (1) set of specifications will be delivered for the 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. • One (1) Public Meeting is assumed. • 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 including QC/QA documentation B. Utility Conflict Coordination Package C. Geotechnical Report D. Estimates of probable construction cost E. Public Meeting exhibits City of Fort Worth,Texas Page 10 of 27 Attachment A E. Berry St.at S. Riverside Dr. PMO Release Date:02.06.2015 y Page 10 of 27 CPN 103310 FoRTWORTH. TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). • Upon — be sure to track changes. approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • Final draft construction plans (90%) including specifications shall be submitted to CITY per the approved Project Schedule. • 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 final coordination. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (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. • A Quantity Summary page will be included in both the 90% and 100% design packages. Each design sheet of those package shall include a quantity take off table. • The ENGINEER shall submit an estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use standard CITY or TxDOT bid items, as applicable. ASSUMPTIONS • Three (3) sets of 11"x17" size drawings and one (1) set of specifications will be delivered for the 90% Design package. • A PDF and DWF 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). • Ten (10) sets of 11"x17" size drawings and two (2) set of specifications will be delivered for the 100% Design package. • A PDF and DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in City's document management system (BIM 360). DELIVERABLES A. 90% construction plans and specifications including QC/QA documentation. B. Utility relocation documentation. C. 100% construction plans and specifications including QC/QA documentation. D. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's or TxDOT's standard bid items and format, as applicable E. Original 11"x17" size cover mylar for the signatures of authorized CITY officials. City of Fort Worth,Texas Page 11 of 27 Attachment A E. Berry St.at S. Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 11 of 27 FoRTWORTH. TASK 5. BID PHASE SERVICES. The CITY reserves the right to bid the project either via traditional project bid to via unit price alternative delivery. 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. • Contract documents shall be uploaded in a .xIs file. • Unit Price Proposal documents are to be created utilizing the city's unit price tool only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, that 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 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 folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidder's 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. • Attend the pre-bid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • 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. • Attend the bid opening in support of the CITY. • 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) Incorporate all addenda into the contract documents and issue conformed sets. City of Fort Worth,Texas Page 12 of 27 Attachment A E.Berry St.at S. Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 12 of 27 FoRTWORTH. • Engineer will provide 10 full sets and 3 full sets after bid opening - conformed set with all approved addenda ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • Construction documents will only be made available on the City's document management system (BIM 360) for plan holders and/or given to plan viewing rooms. • Construction documents will not be printed and made available for purchase by plan holders and/or given to plan viewing rooms. • PDF, DWF and DWG files will be uploaded to the City's document management system (BIM 360). DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed) E. CFW Data Spreadsheet City of Fort Worth,Texas Page 13 of 27 Attachment A E.Berry St.at S. Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 13 of 27 FoRTWORTH. TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1. Construction Support • The ENGINEER shall prepare one (1) task order package for the CITY's Unit Price Contractor. • The ENGINEER shall attend the pre-construction conference. • After the pre-construction conference, the ENGINEER shall provide project exhibits and attend one (1) 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. • The ENGINEER shall attend bi-weekly construction progress meetings during the duration of construction. The ENGINEER will prepare meeting notes with action items and distribute there to the project team. • The ENGINEER will prepare a Construction Communication Plan detailing the procedure for communicating between the Project Delivery Team members and the Contractors. • The ENGINEER will meet with concerned citizens as needed. • The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in Buzzsaw. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, respond to Request for Information (RIF) from the contractor, review change orders, and make recommendations as to the acceptability of the work. • The ENGIENER will meet with the Project Delivery Team and Contractor on-site to review any field changes. • The ENGINEER will coordinate with the TPW department as necessary • The Engineer will update and submit monthly the Project Status Report, Risk Register, TPBE and Project Schedule. • The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list. 6.2 Record Drawings • The ENGINEER shall prepare record drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. Information provided by the CITY may include, but is not limited to the following: City of Fort Worth,Texas Page 14 of 27 Attachment A E.Berry St.at S. Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 14 of 27 FoRTWORTH. o As-Built Survey o Red-Line Markups from the 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: These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, in Adobe Acrobat PDF format (version 6.0 or higher) 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. • 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, if required. Each PDF and DWF file 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 Record Drawing folder in the City's document management system (BIM 360). City of Fort Worth,Texas Page 15 of 27 Attachment A E.Berry St.at S. Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 15 of 27 FORTWORTH. 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. • Eighteen (18) site visits are assumed. • Eight (8) submittal reviews are assumed. • Five (5) RFI's are assumed. • Three (3) Change Order is assumed. DELIVERABLES A. Public meeting exhibits B. Construction Communication Plan C. Response to Contractor's Request for Information D. Review of Change Orders E. Review of shop drawings F. Final Punch List items G. Record Drawings in digital format City of Fort Worth,Texas Page 16 of 27 Attachment A E.Berry St.at S. Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 16 of 27 FoRTWORTH. TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Right-of-Way Research • 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. • 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 documentation shall be provided in conformance with the checklists and templates available on the City's document management system (BIM 360) resources folder. 7.3. Temporary Right of Entry Preparation and Submittal • 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 document management system (BIM 360) resources folder. ASSUMPTIONS • Right-of-Way research 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 records, right-of-way takings, easement vacations and abandonments, right-of- way vacations, and street closures. DELIVERABLES A. One (1) Right-of-Way/Easement exhibit and meets and bounds provided on CITY forms. City of Fort Worth,Texas Page 17 of 27 Attachment A E.Berry St.at S. Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 17 of 27 FoRTWORTH. TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey • 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. 8.3. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level D, C, B, and A, as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. Quality Level D • Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. • Collect applicable records (e.g., utility owner base maps, "as built" or record drawings, permit records, field notes, geographic information system data, oral City of Fort Worth,Texas Page 18 of 27 Attachment A E.Berry St.at S. Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 18 of 27 FoRTWORTH. histories, etc.) on the existence and approximate location of existing involved utilities. • Review records for: evidence or indication of additional available records; duplicate or conflicting information; need for clarification. • Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files, and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality level(s); end points of any utility data; line status (e.g., active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement. Quality Level C (includes tasks as described for Quality Level D) • Identify surface features, from project topographic data and from field observations, that are surface appurtenances of subsurface utilities. • Include survey and correlation of aerial or ground-mounted utility facilities in Quality Level C tasks. • Survey surface features of subsurface utility facilities or systems, if such features have not already been surveyed by a professional surveyor. If previously surveyed, check survey data for accuracy and completeness. • The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes. • Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. • Update (or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and Quality Level C information. • Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. • Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets. Level B (includes tasks as described for Quality Level C) • Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the project limits, and/or to trace a particular utility line or system. City of Fort Worth,Texas Page 19 of 27 Attachment A E. Berry St.at S. Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 19 of 27 FoRTWORTH. • Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey. Utilize paint or other method acceptable for marking of lines. • Unless otherwise directed, mark centerline of single-conduit lines, and outside edges of multi-conduit systems. • Resolve differences between designated utilities and utility records and surveyed appurtenances. • Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. • As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, utilize other means of data collection, storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the project's survey control. Level A • Expose and locate utilities at specific locations. • Tie horizontal and vertical location of utility to survey control. • Provide utility size and configuration. • Provide paving thickness and type, where applicable. • Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. ASSUMPTIONS Up to three (3) Level A test holes are included. DELIVERABLES A. Drawing of the project layout with dimensions and coordinate list. B. SUE plan drawings sealed by a professional engineer registered in the State of Texas. City of Fort Worth,Texas Page 20 of 27 Attachment A E.Berry St.at S. Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 20 of 27 FoRTWORTH. 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 • 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 • Coordination as required for the TxDOT Local On System Agreement (LOSA) 9.2 Texas Department of Licensing and Regulation (TDLR) • 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. • ENGINEER is responsible for providing plans that are in compliance with TDLR requirements. • 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 • All costs associated with TDLR plan review and inspections are to be paid by the ENGINEER during the course of the project. 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. City of Fort Worth,Texas Page 21 of 27 Attachment A E. Berry St.at S. Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 21 of 27 FoRTWORTH. 9.4 Environmental Services [provide a detailed scope if US Army Corp of Engineers Section 404 Nationwide Permit or individual permit is required] • Negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits. • Completing all forms/applications necessary. • Submitting forms/applications for CITY review • Submitting revised forms for agency review • Responding to agency comments and requests Water Resources • Delineation of Waters of the U.S (WOTUS) • Review previous delineation and re-delineate boundaries of WOTUS within the proposed project area • Perform a field investigation of the proposed project areas to determine the extent of observed WOTUS per the 1987 U.S. Army Corps of Engineers (USACE) Wetlands Delineation Manual and March 2010 USACE Regional Supplement to the Corps of Engineers Wetland Delineation Manual to delineate wetlands, other regulations (e.g., 33 CFR 328.3(e), guidance to delineate non- wetland WOTUS. WOTUS will be mapped using a Global Positioning System (GPS). This GPS system is capable of sub-meter accuracy. Additionally, limits of WOTUS will be marked in the field with pin flags or surveyor pin. Biological Resources • Review Federal and State Threatened and Endangered Species lists and assess habitat in and adjacent to the South Riverside Drive at East Berry Street Intersection Project area for the potential for use by listed species. • Complete a Project Coordination and Review Request with Texas Parks &Wildlife Division (TPWD) Wildlife Habitat Assessment (WHAB) Program. A WHAB Review Request Form and supporting documentation including Threatened and Endangered Species will be coordinated with TPWD WHAB Program. • Informally coordinate with the United States Fish and Wildlife Service (USFWS) Texas Ecological Field Services Office, in accordance with Endangered Species Act of 1973. Compile data from the USFWS Information for Planning and Consultation (IPaC) to explore species data and conduct a regulatory review for inclusion in a memo report for coordination with USFWS. Historic Resources Review • Satisfy the requirements of Section 106 of the National Historic Preservation Act (NHPA). To satisfy the requirements for Historical Resources within the project corridor the Texas Historical Commission (THC) Request for SHPO Consultation will be performed and submitted using the THC electronic Texas Review and Compliance (eTRAC) system. The THC's response and comments will be provided to the City. City of Fort Worth,Texas Page 22 of 27 Attachment A E. Berry St.at S. Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 22 of 27 FORTWORTH. • Conduct an archeological survey within the project area. The scope of the archeological survey will be composed of preparing an Antiquities Permit application in accordance with Texas Historical Commission guidelines and in compliance with the Antiquities Code of Texas, conducting an intensive archeological pedestrian survey augmented by shovel testing, report preparation, and curation of the final report. Hazardous Materials Site Assessment • Assess the project area for the presence or suspected presence of hazardous materials. Conduct a site visit and database review and complete a HazMat Initial Site Assessment Form documenting our findings. Community Impacts Assessment • Evaluate the effects of a transportation action on a community and its quality of life. To satisfy the requirements we will assess the project area for potential impacts that would result in temporary or permanent community impacts and complete the TxDOT Community Impacts Assessment Technical Report Form to document our findings. Public Involvement • Conduct a Notice and Opportunity to Comment providing written notification to the owner or owners of real property that would be acquired for the project. The owner or owners of real property response and comments will be provided to the City. General Coordination with Agencies • Coordinate with other agencies and organizations as necessary to complete the environmental reports, forms, and documentation for this project. • Environmental Project Definition (Scope Development Tool and Environmental Project Description Form WPDI) and Work Plan Development Form (ECOS WPDII Form). ASSUMPTIONS • Permit preparation will begin after approval of the Conceptual Design. • Five (5) meetings with TxDOT (LOSA Draft Meeting, Environmental Scoping Meeting, Environmental Review Meetings) DELIVERABLES A. Copies of all Permit Applications B. Copies of all Approved Permits C. Surface Water Analysis Form D. Section 404/10 Impact Table City of Fort Worth,Texas Page 23 of 27 Attachment A E.Berry St.at S. Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 23 of 27 JuORTWORTH- E. Species Analysis Spreadsheet F. Species Analysis Form G. Documentation of TPWD Best Management Practices Form H. Biological Evaluation Attachment Cover Letter I. Biological Evaluation Attachments 1 through 9 City of Fort Worth,Texas Page 24 of 27 Attachment A E.Berry St.at S. Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 24 of 27 FoRTWORTH. TASK 10. 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 subconsultant 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. 10.1. QC/QA of Survey and SUE Data • The ENGINEER's Surveyor shall perform Quality Control/Quality Assurance on all procedures, field surveys, data, and products prior to delivery to the CITY. The CITY may also require the ENGINEER's Surveyor to perform a Quality Assurance review of the survey and/or subsurface utility engineering (SUE)work performed by other surveyors and SUE providers. • ENGINEER's Surveyor shall certify in writing via a letter that the survey information provided has undergone a Quality Control/ Quality Assurance process. • ENGINEER's Subsurface Utility Engineering provider shall certify in writing via a letter that the SUE information provided has undergone a Quality Control/ Quality Assurance process. 10.2. 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 City of Fort Worth,Texas Page 25 of 27 Attachment A E.Berry St.at S. Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 25 of 27 FoRTWORTH. 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 • All submittals to the City will be Quality checked prior to submission. • A PDF of the QC/QA documentation will be uploaded to the project folder in Buzzsaw. DELIVERABLES A. QC/QA documentation City of Fort Worth,Texas Page 26 of 27 Attachment A E.Berry St.at S.Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 26 of 27 FoRTWORTH. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES 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—be sure to track changes. 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 —be sure to track changes. in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition. • 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 • 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 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 Page 27 of 27 Attachment A E.Berry St.at S.Riverside Dr. PMO Release Date:02.06.2015 CPN 103310 Page 27 of 27 ATTACHMENT B COMPENSATION Design Services for E Berry St and S Riverside Dr Intersection Project City Project No. 103310 Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category 2022-23 Rate 2023-24 Rate $/hour $/hour Project Manager $225 $239 Deputy Project Manager Traffic $212 $225 Project Engineer $152 $160 Project Engineer Traffic $152 $160 EIT II Traffic $137 $144 EIT $120 $126 CADD $134 $141 Administrative $87 $91 ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). City of Fort Worth,Texas Attachment B E.Berry St.at S.Riverside Dr. PMO Official Release Date:8.09.2012 CPN 103310 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department, monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B E. Berry St.at S. Riverside Dr. PMO Official Release Date:8.09.2012 Y Page 2 of 4 CPN 103310 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Binkley & Barfield, Inc. Engineering Design $219,815 72.43% Proposed MBE/SBE Sub-Consultants The Rios Group SUE $13,400 4.42% VRX, Inc Environmental $34,097 11.23% Non-MBE/SBE Consultants ECS Southwest Geotech $11,280 3.72% Plan Review Services- TDLR Permitting $1,200 0.40% Sunset LLC PJB Surveying Survey & ROW Documents $23,700 7.81% TOTAL $303,492.00 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE E Berry St and S Riverside Dr $303,492.00 $47,497.00 15.65% Intersection Project City MBE/SBE Goal = 12% Consultant Committed Goal = 15.65% City of Fort Worth,Texas Attachment B E.Berry St.at S. Riverside Dr. PMO Official Release Date:8.09.2012 CPN 103310 Page 3 of 4 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth,Texas Attachment B E. Berry St.at S. Riverside Dr. PMO Official Release Date:8.09.2012 CPN 103310 Page 4 of 4 B-4 C m N 0 } \ E2 k / u - 2 � ! ! c k /_ 0 c ; .. CD / � SCL EE ( a moo « _ U) ° g � � § § � akk ( k (k CD \ $ § � § � & e _ ; tea CD a z me ■ � ! ! _ U. ) 9 0I 3 £ EZ | e a s ! M � � � � � « E « « 7 \ ƒ � c _ \ 22222 ; LD � k5wNvw- 2 k CL _ § � § % � 2 | E _ _ k .CL i �! | ` y { �« k .. � Le 0 k - • fib / § ƒ � k � � CL c ¥ E ■ $ � :E �v % c k U) Ld ° U « - LL 2 tewoll ad co 0! 1 e CO) © � E 020 c ® � • @ § � � &% . Ic 12 � � § f � I000 ; ; ; ; 2 « CL oo # # 000§ CLCL a•■ ■ >aaZa ab u U a $ ! ! ! ! ! ! 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' -c r � « ( § ) / k � ! cIF E E § ! � & ¥ �. Ba E ° 0 2 _2! k § _ � � � 2 R j c ; ■ fJ ( § k k § § k � k7 L3 IL .CL k § � § � a k � k . 2k 2 2 � k § L 2 ■ R d ± a g � � 2 \ 0 > U uj « § E� \ b uj - § # � § L °© k U. Z ' cr6i . ■ > 440a § " � � 22 - o00 ■ E MM � oto � § kkEkk ) m I IL a § ■ b � u aa � a ■ _ I k �z U m W _ IT' ul� 3� w � a` �z m Tj E y K m z a z omu�'w w o` i a p m 2 w K 0 a N m W Lu _ - Mi ME r 'o£� �v ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for E. Berry St. at S. Riverside Dr. City Project No. 103310 No changes to the Standard Agreement. 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Berry St. at S. Riverside Dr. 0 "ll pk O m ,04 A E. Berry Street � � — — "�';-_s•i� nee <D J• m w LL E. Berry St.at S. Riverside Dr. CPN 103310 EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. i. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered 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 E. Berry St. at S. Riverside Dr. CPN 103310 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents,officers,directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims-made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services.Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self-funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 E. Berry St.at S. Riverside Dr. CPN 103310 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 consent to alternative coverage maintained through insurance pools or risk retention groups.Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims- made basis, shall contain a retroactive date coincident Wth 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 E. Berry St. at S. Riverside Dr. CPN 103310 Client#: 189537 DCCMLLC DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 10/18/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Kellie Hogan Propel Insurance PHONE g00 499-0933 FAX A/C No Ext: A/C No: 866 577-1326 1201 Pacific Avenue; Suite 1000 A. : kellie.hogangpropelinsurance.com COM Middle Market INSURERS AFFORDING COVERAGE NAIC# Tacoma,WA 98402-4321 INSURER A:Cincinnati Insurance Company 10677 INSURED INSURER B:Hartford Casualty Insurance 29424 Binkley& Barfield, Inc Evanston Insurance Company 35378 INSURER C: p y 1710 Seamist Dr INSURER D: pec StarStone Specialty Insurance Co. 44776 Houston,TX 77008 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL UBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY ENP0621465 6/30/2022 06/30/2023 EACH OCCURRENCE $1 o0O 000 CLAIMS-MADE u OCCUR PREMG ETO REor NTED n $1 OO 000 X BI/PD Ded:2,500 MED EXP(Any oneperson) $10 000 PERSONAL&ADV INJURY $1 o0O 000 GEN'LAGGRE�GATE LIMIT APPLIES PER: GENERAL AGGREGATE $2000000 X POLICY I n I JECOT u LOC PRODUCTS-COMP/OP AGO s2,000,000 OTHER: $ A AUTOMOBILE LIABILITY EBA0621465 6/30/2022 06/30/2023 EOMBINED SINGLE LIMIT S1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per n $ $ A X UMBRELLA LIAB OCCUR ENP0621465 6/30/2022 06/30/2023 EACH OCCURRENCE s5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 DED I X RETENTION 10000 $ B WORKERS COMPENSATION 52WECAM4X46 6/30/2022 06/30/2023 X PER OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1 o0O 000 OFFICER/MEMBER EXCLUDED? F_N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1 00O 000 If yes,describe un DESCRIPTION OFder OPERATIONS below E.L.DISEASE-POLICY LIMIT $1 00O 000 C Prof, Pollution MKLV7PL0005491 8/06/2022 08/06/2023 $5M Clm/$10M Agg. D Excess Liability 83325H221ALI 6/30/2022 06/30/2023 $5,000,000 occ/agg. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: E. Berry St.at S. Riverside Dr. Project No. 103310 The City of Fort Worth Additional Insured Status applies per attached form(s). Primary non-contributory applies per attached form(s).Waiver of Subrogation applies per attached form(s). CERTIFICATE HOLDER CANCELLATION City of Forth Worth,TX SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Chad Allen, P.E., CFM ACCORDANCE WITH THE POLICY PROVISIONS. 200 Texas Street Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVENT A. " ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S5514960/M5428332 CRS01 This page has been left blank intentionally. E.Berry St.at S. Riverside Dr. CPN 103310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus° BUSINESS AUTO XC+° (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation This provision does not apply unless the valid written contract has been: SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, S. Transfer of 1. Executed prior to the accident causing Rights of Recovery Against Others to Us is "bodily injury" or "property damage'; and amended by the addition of the following: 2. Is still in force at the time of the "accident" We waive any right of recovery we may have causing "bodily injury" or "property dam- against any person or organization because of age". payments we make for "bodily injury" or "property damage" arising out of the operation D. Employee Hired Auto of a covered "auto" when you have assumed 1. Changes in Liability Coverage liability for such "bodily injury" or "property damage" under an "insured contract", provid- The following is added to the Section II - ed the "bodily injury" or "property damage" oc- Liability Coverage, A. Coverage, 1. curs subsequent to the execution or the "in- Who is an Insured: sured contract". An "employee" of yours is an "insured" B. Noncontributory Insurance while operating an "auto" hired or rented SECTION IV - BUSINESS AUTO CONDI- under a contract or agreement in that "employee's" name, with your permission, TIONS, B. General Conditions, S. Other In- while performing duties related to the surance c. is replaced by the following: conduct of your business. c. Regardless of the provisions of Par- 2. Changes in General Conditions agraph a. above, this Coverage Form's Liability Coverage is primary SECTION IV - BUSINESS AUTO CON- and we will not seek contribution DITIONS, B. General Conditions, 5. from any other insurance for any lia- Other Insurance is amended by replac- bility assumed under an "insured ing Paragraph 5.b. with the following: contract" that requires liability to be assumed on a primary noncontributo- b. For Hired Auto Physical Damage ry basis. Coverage the following are deemed to be covered "autos"you own: C. Additional Insured by Contract (1) Any covered "auto" you lease, SECTION II - LIABILITY COVERAGE, A. hire, rent or borrow; and Coverage, I. Who is an Insured is amended to include as an insured any person or organi- (2) Any covered "auto" hired or zation with which you have agreed in a valid rented byyour "employee" under written contract to provide insurance as is af- a contract in that individual "em- forded by this policy. ployee's" name, with your per- mission, while performing duties This provision is limited to the scope of the related to the conduct of your valid written contract. business. E. Berry St.at S. Riverside Dr. Includes copyrighted material of ISO CPN 103310 AA 288 01 16 Properties, Inc., with its permission. Page 1 of 4 However, any "auto" that is leased, a. Is effective on the date of acquisition hired, rented or borrowed with a driver or formation, and is afforded for 180 is not a covered "auto". days after such date; E. Audio, Visual and Data Electronic Equip- b. Does not apply to "bodily injury" or ment "property damage" resulting from an SECTION III - PHYSICAL DAMAGE COV- "accident" that occurred before you ERAGE, C. Limit of Insurance is amended acquired or formed the organization; by adding the following: c. Does not apply to any newly acquired or formed organization that is a joint 4. The most we will pay for all "loss" to au- venture or partnership; and dio, visual or data electronic equipment and any accessories used with this d. Does not apply to an insured under equipment as a result of any one "acci- any other automobile liability policy, dent" is the lesser of: or would be an insured under such a policy but for the termination of such a. The actual cash value of the dam- policy or the exhaustion of such poli- aged or stolen property as of the time cy's limits of insurance. of the "accident"; 3. Any of your "employees" while using a b. The cost of repairing or replacing the covered "auto" in your business or your damaged or stolen property with oth- personal affairs, provided you do not own, er property of like kind and quality; or hire or borrow that "auto". c. $2,500. G. Liability Coverage Extensions - Supple- Provided the equipment, at the time of the mentary Payments - Higher Limits "loss" is: SECTION II - LIABILITY COVERAGE, A. a. Permanently installed in or upon the Coverage, 2. Coverage Extensions, a. Sup- covered "auto" in a housing, opening plementary Payments is amended by: or other location that is not normally 1. Replacing the $2,000 Limit of Insurance used b the "auto" manufacturer for p g y for bail bonds with $4,000 in (2); and the installation of such equipment; 2. Replacing the $250 Limit of Insurance for b. Removable from a permanently in- reasonable expenses with $500 in (4). stalled housing unit as described in Paragraph 2.a. above; or H. Amended Fellow Employee Exclusion c. An integral part of such equipment. SECTION II - LIABILITY COVERAGE, B. Ex- clusions, 5. Fellow Employee is modified as F. Who is an Insured - Amended follows: SECTION II - LIABILITY COVERAGE, A. Exclusion 5. Fellow Employee is deleted. Coverage, 1. Who is an Insured is amended by adding the following: I. Hired Auto - Physical Damage The following are "insureds": If hired "autos" are covered "autos" for Liability Coverage, then Comprehensive and Collision 1. Any subsidiary which is a legally incorpo- Physical Damage Coverages as provided un- rated entity of which you own a financial der SECTION III - PHYSICAL DAMAGE interest of more than 50% of the voting COVERAGE of this Coverage Part are ex- stock on the effective date of this cover- tended to "autos" you hire, subject to the fol- age form. lowing: However, the insurance afforded by this 1. The most we will pay for "loss" to any provision does not apply to any subsidiary hired "auto" is $50,000 or the actual cash that is an "insured" under any other au- value or cost to repair or replace, which- tomobile liability policy, or would be an ever is the least, minus a deductible. "insured" under such policy but for termi- nation of such policy or the exhaustion of 2. The deductible will be equal to the largest such policy's limits of insurance. deductible applicable to any owned "auto" for that coverage, or $1,000, whichever is 2. Any organization that is newly acquired or less. formed by you and over which you main- tain majority ownership. The insurance 3. Hired Auto - Physical Damage coverage provided by this provision: is excess over any other collectible insur- ance. E. Berry St.at S. Riverside Dr. Includes copyrighted material of ISO CPN 103310 AA 288 01 16 Properties, Inc., with its permission. Page 2 of 4 4. Subject to the above limit, deductible, and K. Transportation Expense- Higher Limits excess provisions we will provide cover- age equal to the broadest coverage appli- SECTION III - PHYSICAL DAMAGE COV- cable to any covered "auto" you own in- ERAGE, A. Coverage, 4. Coverage Exten- sured under this policy. sions is amended by replacing $20 per day with $50 per day, and $600 maximum with Coverage includes loss of use of that hired au- $1,500 maximum in Extension a. Transpor- to, provided it results from an "accident" for tation Expenses. which you are legally liable and as a result of which a monetary loss is sustained by the L. Airbag Coverage leasing or rental concern. The most we will SECTION III - PHYSICAL DAMAGE COV- pay for any one "accident" is $3,000. ERAGE, B. Exclusions, 3.a. is amended by If a limit for Hired Auto - Physical Damage is adding the following: shown in the Schedule, then that limit replac- However, the mechanical and electrical es, and is not added to, the $50,000 limit indi- breakdown portion of this exclusion does not cated above. apply to the accidental discharge of an airbag. J. Rental Reimbursement This coverage for airbags is excess over any other collectible insurance or warranty. SECTION III - PHYSICAL DAMAGE is amended by adding the following: M. Loan or Lease Gap Coverage 1. We will pay for rental reimbursement ex- 1. SECTION III - PHYSICAL DAMAGE penses incurred by you for the rental of COVERAGE, C. Limit of Insurance is an "auto" because of a "loss" to a covered deleted in its entirety and replaced by the "auto". Payment applies in addition to the following, but only for private passenger otherwise applicable amount of each cov- type "autos" with an original loan or lease, erage you have on a covered "auto". No and only in the event of a "total loss" to deductible applies to this coverage. such a private passenger type "auto": 2. We will pay only for those expenses in- a. The most we will pay for "loss" in any curred during the policy period beginning one "accident" is the greater of: 24 hours after the "loss" and ending, re- (1) The amount due under the terms gardless of the policy's expiration, with of the lease or loan to which the lesser of the following number of your covered private passenger days: type "auto" is subject, but will not a. The number of days reasonably re- include: quired to repair the covered "auto". If (a) Overdue lease or loan pay- "loss" is caused by theft, this number ments; of days is added to the number of days it takes to locate the covered (b) Financial penalties imposed "auto" and return it to you; or under the lease due to high mileage, b. 30 days. bnor al wear a d tear; or 3. Our payment is limited to the lesser of the (c) Security deposits not re- following amounts: funded by the lessor; a. Necessary and actual expenses in- (d) Costs for extended warran- curred; or ties, Credit Life Insurance, b. $50 per day. Health, Accident or Disabil- ity Insurance purchased 4. This coverage does not apply while there with the loan or lease; and are spare or reserve "autos" available to you for your operations. (e) Carry-over balances from previous loans or leases, or S. We will pay under this coverage only that amount of your rental reimbursement ex- (2) Actual cash value of the stolen penses which is not already provided for or damaged property. under SECTION III - PHYSICAL DAM- b. An adjustment for depreciation and AGE COVERAGE, A. Coverage, 4. physical condition will be made in de- Coverage Extensions. termining actual cash value at the time of"loss". E. Berry St.at S. Riverside Dr. Includes copyrighted material of ISO CPN 103310 AA 288 01 16 Properties, Inc., with its permission. Page 3 of 4 2. SECTION V - DEFINITIONS is amended P. Unintentional Failure to Disclose Hazards by adding the following, but only for the purposes of this Loan or Lease Gap SECTION IV - BUSINESS AUTO CONDI- Coverage: TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is "Total loss" means a "loss" in which the amended by adding the following: cost of repairs plus the salvage value ex- ceeds the actual cash value. However, if you unintentionally fail to disclose any hazards existing on the effective date of N. Glass Repair-Waiver of Deductible this Coverage Form, we will not deny cover- SECTION III - PHYSICAL DAMAGE COV- age under this Coverage Form because of such failure. ERAGE, D. Deductible is amended by adding the following: Q. Mental Anguish Resulting from Bodily Inju- No deductible applies to glass damage if the rY glass is repaired in a manner acceptable to us SECTION V - DEFINITIONS, C. "Bodily inju- rather than replaced. ry" is deleted in its entirety and replaced by O. Duties in the Event of an Accident, Claim, the following: Suit or Loss- Amended 'Bodily injury" means bodily injury, sickness or SECTION IV - BUSINESS AUTO CONDI- disease sustained by a person, including men- tal anguish and death sustained by the same TIONS, A. Loss Conditions, 2. Duties in the person that results from such bodily injury, Event of Accident, Claim, Suit or Loss, a. is sickness or disease. 'Bodily injury" does not amended by adding the following: include mental anguish or death that does not This condition applies only when the "acci- result from bodily injury, sickness or disease. dent" or 'loss" is known to: R. Coverage for Certain Operations in Con- 1. You, if you are an individual; nection with Railroads 2. A partner, if you are a partnership; With respect to the use of a covered "auto" in operations for or affecting a railroad: 3. An executive officer or insurance manag- er, if you are a corporation; or 1. Section V - Definitions, H. "Insured con- tract", 1.c. is amended to read: 4. A member or manager, if you are a lim- ited liability company. c. An easement or license agreement; 2. Section V - Definitions, H. "Insured con- tract", 2.a. is deleted. E. Berry St.at S. Riverside Dr. Includes copyrighted material of ISO CPN 103310 AA 288 01 16 Properties, Inc., with its permission. Page 4 of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 52 WEC AM4X46 Endorsement Number: Effective Date: 06/30/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Binkley& Barfield, Inc. 1710 Seamist Dr Houston, TX 77008 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Any person or organization for whom you are required by contract or agreement to obtain this waiver from us. Endorsement is not applicable in KY, NH, NJ or for any MO construction risk Countersigned by Authorized Representative Form WC 00 03 13 Printed in U.S.A. E.Berry St.at S.Riverside Dr. CPN 103310 Process Date: 05/21/22 Policy Expiration Date: 06/30/23 This page has been left blank intentionally. E. Berry St.at S. Riverside Dr. CPN 103310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS - CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coveraae: Beains on Page: 1. Employee Benefit Liability Coverage.......................................................................................3 2. Unintentional Failure to Disclose Hazards..............................................................................9 3. Damage to Premises Rented to You........................................................................................9 4. Supplementary Payments...................................................................................................... 10 5. Medical Payments...................................................................................................................10 6. 180 Day Coverage for Newly Formed or Acquired organizations .....................................10 7. Waiver of Subrogation............................................................................................................11 8. Automatic Additional Insured-Specified Relationships: .................................................. 11 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations Relating to Premises; and • Mortgagee,Assignee or Receiver 9. Property Damage to Borrowed Equipment..........................................................................14 10. Employees as Insureds - Specified Health Care Services and Good Samaritan Services...................................................................................................................................15 11. Broadened Notice of Occurrence.......................................................................................... 15 12. Nonowned Aircraft..................................................................................................................15 13. Bodily Injury Redefined..........................................................................................................15 14. Expected or Intended Injury Redefined................................................................................ 15 15. Former Employees as Insureds ............................................................................................15 16. Voluntary Property Damage Coverage and Care, Custody or Control Liability Coverage..................................................................................................................................16 17. Broadened Contractual Liability-Work Within 50' of Railroad Property.........................17 18. Alienated Premises.................................................................................................................17 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail Bonds: $2,500 E.Berry St.at S.Riverside Dr. Includes copyrighted material of Insurance CPN 103310 GA 233 TX 09 17 Services Office, Inc.,with its permission. Page 1 of 17 b. Loss of Earnings: $ 500 5. Medical Payments Medical Expense Limit: $ 10,000 9. Property Damage to Borrowed Equipment Each Occurrence Limit: $10,000 Deductible Amount: $ 250 16. Voluntary Property Damage Coverage (Coverage a.) And Care, Custody or Control Liability Coverage(Coverage b.) Limits of Insurance Coverage a. $1,000 Each Occurrence $5,000 Aggregate Coverage b.$5,000 Each Occurrence unless otherwise stated $ Deductible Amount(Each Occurrence) Coverage a.$250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units e Other b. Care, Custody or $ Control TOTAL ANNUAL PREMIUM $ E.Berry St.at S. Riverside Dr. Includes copyrighted material of Insurance CPN 103310 GA 233 TX 09 17 Services Office, Inc.,with its permission. Page 2 of 17 C. Coverages this endorsement pro- vided you did not have 1. Employee Benefit Liability Coverage knowledge of a claim or a. The following is added to Section I - "suit" on or before the Coverages: "first effective date" of this endorsement. Employee Benefit Liability Cover- age You will be deemed to have knowledge of a (1) Insuring Agreement claim or"suit'when any (a) We will pay those sums that "authorized representa- tive";the insured becomes legally obligated to pay as damag- a) Reports all, or any es caused by any act, error part, of the act, er- or omission of the insured, ror or omission to or of any other person for us or any other in- whose acts the insured is surer; legally liable, to which this insurance applies. We will b) Receives a written have the right and duty to or verbal demand defend the insured against or claim for dam- any "suit" seeking those ages because of damages. However, we will the act, error or have no duty to defend omission. against any "suit" seeking (2) Exclusions damages to which this in- surance does not apply. We This insurance does not apply to: may, at our discretion, in- vestigate any report of an (a) Bodily Injury, Property act, error or omission and Damage or Personal and settle any daim or"suit' that Advertising Injury may result. But: "Bodily injury", "property 1) The amount we will pay damage" or "personal and for damages is limited advertising injury'. as described in Section (b) Dishonest, Fraudulent, III - Limits of Insur- Criminal or Malicious Act ance; and 2 Our right and du to Damages arising out of any g intentional, dishonest, defend ends when we fraudulent, criminal or mali- have used up the appli- cious act, error or omission, cable limit of insurance committed by any insured, in the payment of judg- including the willful or reck- ments or settlements. less violation of any statute. No other obligation or liabil- (c) Failure to Perform a Con- ity to pay sums or perform tract acts or services is covered unless explicitly provided for Damages arising out of fail- under Supplementary ure of performance of con- Payments. tract by any insurer. (b) This insurance applies to (d) Insufficiency of Funds damages only if the act, er- ror or omission, is negligent- Damages arising out of an ly committed in the "admin- insufficiency of funds to istration" of your "employee meet any obligations under benefit program"; and any plan included in the "employee benefit program". 1) Occurs during the policy period; or 2) Occurred prior to the "first effective date" of E. Berry St.at S. Riverside Dr. Includes copyrighted material of Insurance CPN 103310 GA 233 TX 09 17 Services Office, Inc.,with its permission. Page 3 of 17 (e) Inadequacy of Perfor- (j) Employment-Related Prac- mance of Invest- tices ment/Advice Given With Respect to Participation Any liability arising out of any: Any claim based upon: (1) Refusal to employ; 1) Failure of any invest- ment to perform; (2) Termination of employ ment; 2) Errors in providing in- formation on past per- (3) Coercion, demotion, formance of investment evaluation, reassign- vehicles; or ment, discipline, defa- mation, harassment, 3) Advice given to any humiliation, discrimina- person with respect to tion or other employ- that person's decision to ment- related practices, participate or not to par- acts or omissions; or ticipate in any plan in- cluded in the "employee (4) Consequential liability benefit program". as a result of (1), (2) or (3)above. (f) Workers' Compensation and Similar Laws This exclusion applies whether the insured may be Any claim arising out of your held liable as an employer failure to comply with the or in any other capacity and mandatory provisions of any to any obligation to share workers' compensation, un- damages with or repay employment compensation someone else who must pay insurance, social security or damages because of the in- disability benefits law or any jury. similar law. (3) Supplementary Payments (g) ERISA Section I - Coverages, Sup- Damages for which any in- plementary Payments - Cover- sured is liable because of li- ages A and B also apply to this ability imposed on a fiduci- Coverage. ary by the Employee Re- tirement Income Security b. Who Is An Insured Act of 1974, as now or As respects Employee Benefit Lia- hereafter amended, or by bility Coverage, Section II -Who is any similar federal, state or an Insured is replaced by the follow- local laws. ing: (h) Available Benefits (1) If you are designated in the Dec- Any claim for benefits to the larations as: extent that such benefits are (a) An individual, you and your available, with reasonable spouse are insureds, but on- effort and cooperation of the ly with respect to the con- insured, from the applicable duct of a business of which funds accrued or other col- you are the sole owner. lectible insurance. (i) Taxes Fines or Penalties (b) A partnership or joint ven- ture, you are an insured. Taxes, fines or penalties, in- Your members, your part- cluding those imposed un- ners, and their spouses are der the Internal Revenue also insureds but only with Code or any similar state or respect to the conduct of local law. your business. (c) A limited liability company, you are an insured. Your Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc.,with its permission. Page 4 of 17 E.Berry St.at S. Riverside Dr. CPN 103310 members are also insureds, the end of the policy period, but only with respect to the whichever is earlier; and conduct of your business. Your managers are in- (b) Does not apply to any act, sureds, but only with respect error or omission that was to their duties as your man- committed before you ac- agers. quired or formed the organi- zation. (d) An organization other than a partnership, joint venture or c. Limits of Insurance limited liability company, you As respects Employee Benefit Lia- are an insured.Your"execu- bility Coverage, Section III - Limits tive officers" and directors of Insurance is replaced by the fol- are insureds, but only with lowing: respect to their duties as your officers or directors. (1) The Limits of Insurance shown in Your stockholders are also Section B. Limits of Insurance, insureds, but only with re- 1. Employee Benefit Liability spect to their liability as Coverage and the rules below fix stockholders. the most we will pay regardless (e) A trust, you are an insured. of the number of Your trustees are also in- (a) Insureds; sureds, but only with respect to their duties as trustees. (b) Claims made or "suits" brought; (2) Each of the following is also an insured: (c) Persons or organizations making claims or bringing (a) Each of your "employees" "suits'; who is or was authorized to administer your "employee (d) Acts, errors or omissions; or benefit program"; (e) Benefits included in your (b) Any persons, organizations "employee benefit program". or"employees" having prop- (2) The Aggregate Limit shown in er temporary authorization Section B. Limits of Insurance, to administer your "employ- 1. Employee Benefit Liability ee benefit program" if you Coverage of this endorsement is die, but only until your legal the most we will pay for all dam- representative is appointed; ages because of acts, errors or or omissions negligently committed (c) Your legal representative if in the "administration" of your you die, but only with re- "employee benefit program". spect to duties as such.That (3) Subject to the limit described in representative will have all (2) above, the Each Employee your rights and duties under Limit shown in Section B. Limits this Coverage Part. of Insurance, 1. Employee (3) Any organization you newly ac- Benefit Liability Coverage of quire or form, other than a part- this endorsement is the most we nership, joint venture or limited will pay for all damages sus- liability company, and over which tained by any one "employee", you maintain ownership or major- including damages sustained by ity interest, will qualify as a such "employee's" dependents Named Insured if no other similar and beneficiaries, as a result of: insurance applies to that organi- (a) An act, error or omission; or zation. However, coverage under this provision: (b) A series of related acts, er- rors or omissions, regard- (a) I afforded only until less of the amount of time 180th day after you acquire that lapses between such or form the organization or acts, errors or omissions; Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc.,with its permission. Page 5 of 17 E.Berry St.at S. Riverside Dr. CPN 103310 negligently committed in the d. Additional Conditions "administration" of your "employ ee benefit program". As respects Employee Benefit Lia- bility Coverage, Section IV - Com- However, the amount paid under mercial General Liability Condi- this endorsement shall not ex- tions is amended as follows: ceed, and will be subject to the limits and restrictions that apply (1) Item 2. Duties in the Event of to the payment of benefits in any Occurrence, Offense, Claim or plan included in the "employee Suit is replaced by the following: benefit program." 2. Duties in the Event of An (4) Deductible Amount Act, Error or Omission, or Claim or Suit (a) Our obligation to pay dam- ages on behalf of the in- a. You must see to it that sured applies only to the we are notified as soon amount of damages in ex- as practicable of an act, cess of the Deductible error or omission which Amount stated in the Deda- may result in a daim. rations as applicable to To the extent possible, Each Employee. The limits notice should include: of insurance shall not be re- (1) What the act, error duced by the amount of this or omission was deductible. and when it oc- (b) The Deductible Amount curred; and stated in the Declarations (2) The names and applies to all damages sus- addresses of any tained by any one "employ- one who may suf- ee", including such "employ- fer damages as a ee's" dependents and bene- result of the act, fiaaries, because of all acts, error or omission. errors or omissions to which this insurance applies. b. If a daim is made or ( )c The terms of this insurance, "suit" is brought against any insured, you must: including those with respect to: (1) Immediately record 1) Our right and duty to the specifics of the claim or "suit" and defend the insured the date received; against any "suits" and seeking those damag- es; and (2) Notify us as soon 2) Your duties, and the du- as practicable. ties of any other in- You must see to it that volved insured, in the we receive written no- event of an act, error or tice of the daim or"suit" omission,or claim; as soon as practicable. apply irrespective of the ap- c. You and any other in- plication of the Deductible volved insured must: Amount. (1) Immediately send (d) We may pay any part or all us copies of any of the Deductible Amount to demands, notices, effect settlement of any summonses or le- claim or "suit' and, upon no- gal papers re- tification of the action taken, ceived in connec- you shall promptly reim- tion with the claim burse us for such part of the or"suit"; Deductible Amount as we have paid. E. Berry St.at S. Riverside Dr. Includes copyrighted material of Insurance CPN 103310 GA 233 TX 09 17 Services Office, Inc.,with its permission. Page 6 of 17 (2) Authorize us to ob- contributes equal tain records and amounts until it has other information; paid its applicable limit Coo of insurance or none of (3) Cooperate with us the loss remains, in the investigation whichever comes first. or settlement of the claim or defense If any of the other in- against the "suit'; surance does not permit and contribution by equal (4) Assist us, upon our shares, we will contrib- ute by limits. Under this request, t the method, each insurer's forcement of annyy share is based on the right against any ratio of its applicable person or organi- limit of insurance to the zation which may total applicable limits of be liable to the in- insurance of all insur- sured because of ers. an act, error or omission to which c. Excess Insurance this insurance may also apply. This insurance is ex- cess over any of the d. No insured will, except other insurance, wheth- at that insured's own er primary, excess, con- cost, voluntarily make a tingent or on any other payment, assume any basis that is insurance obligation, or incur any purchased by you to expense without our coverage damages for consent. acts, errors or omis- sions that occurred prior (2) Item 5. Other Insurance is re- to the "first effective placed by the following: date". 5. Other Insurance e. Additional Definitions If other valid and collectible As respects Employee Benefit Lia- insurance is available to the bility Coverage, Section V - Defini- insured for a loss we cover tions is amended as follows: under this Coverage Part, our obligations are limited as (1) The following definitions are follows: added: a. Primary Insurance 1. "Administration"means: This insurance is prima- a. Providing information to ry except when c. below "employees", including applies. If this insurance their dependents and is primary, our obliga- beneficiaries, with re- tions are not affected spect to eligibility for or unless any of the other scope of "employee insurance is also prima- benefit programs"; ry. Then, we will share with all that other insur- b. Interpreting the "em- ance by the method de- ployee benefit pro- scribed in b. below. grams'; b. Method of Sharing c. Handling records in connection with the If all of the other insur- "employee benefit pro- ance permits contribu- grams"; or tion by equal shares, we will follow this meth- d. Effecting, continuing or od also. Under this ap- terminating any "em- proach each insurer ployee's" participation in Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc.,with its permission. Page 7 of 17 E.Berry St.at S. Riverside Dr. CPN 103310 any benefit included in c. Unemployment insur- the "employee benefit ance, social security program". benefits, workers' com- However, "administration" pensation and disability benefits; and does not include: d. Vacation plans, includ- a. Handling payroll deduc- ing buy and sell pro- tions; or grams; leave of ab- b. The failure to effect or sence programs, includ- maintain any insurance ing military, maternity, or adequate limits of family, and civil leave; coverage of insurance, tuition assistance plans; including but not limited transportation and to unemployment insur- health club subsidies. ance, social security 4. "First effective date" means benefits, workers' com- the date upon which cover- pensation and disability age was first effected in a benefits. series of uninterrupted re- 2. "Cafeteria plans" means newals of insurance cover- plans authorized by applica- age. ble law to allow "employees" (2) The following definitions are de- to elect to pay for certain leted in their entirety and re- benefits with pre-tax dollars. placed by the following: 3. "Employee benefit pro- 8, "Employee" means a person grams" means a program actively employed, formerly providing some of all of the employed, on leave of ab- following benefits to "em- sence or disabled, or retired. ployees", whether provided "Employee" includes a through a "cafeteria plan" or "leased worker". "Employee" otherwise: does not include a "tempo- a. Group life insurance; rary worker". group accident or health 21. "Suit" means a civil proceed- insurance; dental, vision ing in which money damag- and hearing plans; and es because of an act, error flexible spending ac- or omission to which this in- counts; provided that no surance applies are alleged. one other than an "em- "Suit" includes: ployee" may subscribe to such benefits and a. An arbitration proceed- such benefits are made ing in which such dam- generally available to ages are claimed and to those "employees" who which the insured must satisfy the plan's eligibil- submit or does submit ity requirements; with our consent; b. Profit sharing plans, b. Any other alternative employee savings dispute resolution pro- plans, employee stock ceeding in which such ownership plans, pen- damages are claimed sion plans and stock and to which the in- subscription plans, pro- sured submits with our vided that no one other consent; or than an "employee" may subscribe to such c. An appeal of a civil pro- benefits and such bene- ceeding. fits are made generally available to all "employ- ees" who are eligible under the plan for such benefits; E. Berry St.at S. Riverside Dr. Includes copyrighted material of Insurance CPN 103310 GA 233 TX 09 17 Services Office, Inc.,with its permission. Page 8 of 17 2. Unintentional Failure to Disclose Haz- 2) Rust or other cor- ards rosion, decay, de- Section IV-Commercial General Liabil- or laation, hidden it Conditions 7. Representations is a latent defect n y � p any quality in amended by the addition of the following: property that caus- Based on our dependence upon your rep- es it to damage or resentations as to existing hazards, if un- destroy itself; intentionally you should fail to disclose all 3) Smog; such hazards at the inception date of your policy, we will not reject coverage under 4) Mechanical break- this Coverage Part based solely on such down, including failure. rupture or bursting a to Premises Rented to You caused e; centrif- 3. Damage ugal force; a. The last Paragraph of 2. Exclusions 5) Settling, cracking, under Section I -Coverage A- Bod- shrinking or ex- ily Injury and Property Damage Li- pansion; ability is replaced by the following: festa- Exclusions c.through q. do not apply 6) Nesting or char tion, or discharge to "property damage" by fire, explo- or release of waste sion, lightning, smoke or soot to products or secre- premises while rented to you or tem- tions, by insects, porarily occupied by you with permis- birds, rodents or sion of the owner, for which the other animals; or amount we will pay is limited to the Damage to Premises Rented to 7) Presence, growth, You Limit as described in Section III proliferation, - Limits of Insurance. spread or any ac- tivity of fungus, in- b. The insurance provided under Sec- cluding mold or tion I - Coverage A - Bodily Injury mildew, and any and Property Damage Liability ap- mycotoxins, plies to "property damage"arising out spores, scents or of water damage to premises that are byproducts pro- both rented to and occupied by you. duced or released (1) As respects Water Damage Le- by fungi. gal Liability, as provided in Para- (b) 'Property damage" caused graph 3.b.above: directly or indirectly by any The exclusions under Section I - of the following: Coverage A- Bodily Injury and (i) Earthquake, volcanic Property Damage Liability, 2. eruption, landslide or Exclusions, other than i. War any other earth move- and the Nuclear Energy Liabil- ment; ity Exclusion (Broad Form), are deleted and the following are (ii) Water that backs up or added: overflows or is other- wise discharged from a This insurance does not apply to: sewer, drain, sump, (a) 'Property damage": sump pump or related equipment; (i) Assumed in any con- tract or agreement; or (iii) Water under the ground surface pressing on, or (ii) Caused by or resulting flowing or seeping from any of the follow- through: ing: 1) Foundations, walls, 1) Wear and tear; floors or paved surfaces; E. Berry St.at S. Riverside Dr. Includes copyrighted material of Insurance CPN 103310 GA 233 TX 09 17 Services Office, Inc.,with its permission. Page 9 of 17 2) Basements, you with permission of whether paved or the owner; not; or b. In the case of damage 3) Doors, windows or by fire, explosion, light- other openings. ning, smoke or soot, (c) "Property damage' caused while rented to you; or by or resulting from water c. In the case of damage that leaks or flows from by water, while rented plumbing, heating, air condi- to and occupied by you. tioning, fire protection sys- tems, or other equipment, (2) The most we will pay is limited as caused by or resulting from described in Section B. Limits of freezing, unless: Insurance, 3. Damage to Prem- ises Rented to You of this en- (i) You did your best to dorsement. maintain heat in the building or structure; or 4. Supplementary Payments (ii) You drained the equip- Under Section I - Supplementary Pay- ment and shut off the ments-Coverages A and B: water supply if the heat a. Paragraph 2. is replaced by the fol- was not maintained. lowing: (d) 'Property damage"to: Up to the limit shown in Section B. (i) Plumbing, heating, air Limits of Insurance, 4.a. Bail Bonds conditioning, fire protec- of this endorsement for cost of bail tion systems, or other bonds required because of accidents equipment or applianc- or traffic law violations arising out of es; or the use of any vehicle to which the Bodily Injury Liability Coverage ap- (i) The interior of any plies.We do not have to furnish these building or structure, or bonds. to personal property in the building or structure, b. Paragraph 4. is replaced by the fol- caused by or resulting lowing: from rain, snow, sleet or All reasonable expenses incurred by ice, whether driven by the insured at our request to assist us wind or not. in the investigation or defense of the c. Limit of Insurance claim or"suit', including actual loss of earnings up to the limit shown in Sec- With respect to the insurance afford- tion B. Limits of Insurance, 4.b. ed in Paragraphs 3.a. and 3.b.above, Loss Of Earnings of this endorsement the Damage to Premises Rented to per day because of time off from You Limit as shown in the Dedara- work. tions is amended as follows: 5. Medical Payments (1) Paragraph 6. of Section III - Limits of Insurance is replaced The Medical Expense Limit of Any One by the following: Person as stated in the Declarations is amended to the limit shown in Section B. 6. Subject to Paragraph 5. Limits of Insurance, 5. Medical Pay- above, the Damage to ments of this endorsement. Premises Rented to You Limit is the most we will pay 6. 180 Day Coverage for Newly Formed or under Coverage A- Bodily Acquired Organizations Injury and Property Dam- Section II - Who is an Insured is age Liability for damages amended as follows: because of "property dam- age"to any one premises: Subparagraph a. of Paragraph 3. is re- a. While rented to you, or placed by the following: temporarily occupied by E.Berry St.at S.Riverside Dr. Includes copyrighted material of Insurance CPN 103310 GA 233 TX 09 17 Services Office, Inc.,with its permission. Page 10 of 17 a. Insurance under this provision is af- ance, but only with respect forded only until the 180th day after to liability arising out of the you acquire or form the organization ownership, maintenance or or the end of the policy period, use of that part of the prem- whichever is earlier; ises leased to you, subject to the following additional 7. Waiver of Subrogation exclusions: Section IV-Commercial General Liabil- This insurance does not ap- ity Conditions, 9. Transfer of Rights of ply to: Recovery Against Others to us is amended by the addition of the following: (i) Any "occurrence" which We waive any right of recovery we may takes place after you cease to be a tenant in have against any person or organization that premises; against whom you have agreed to waive such right of recovery in a written contract (ii) Structural alterations, or agreement because of payments we new construction or make for injury or damage arising out of demolition operations your ongoing operations or "your work" performed by or on be- done under a written contract or agree- half of such additional ment with that person or organization and insured. included in the "products-completed oper- ations hazard". However, our rights may (b) Lessor of Leased Equip- only be waived prior to the "occurrence" ment giving rise to the injury or damage for Any person or organization which we make payment under this Cov- from whom you lease erage Part. The insured must do nothing equipment when you and after a loss to impair our rights. At our re- such person(s) or organiza- quest, the insured will bring "suit'or trans- tion(s) have agreed per Par- fer those rights to us and help us enforce agraph 8.a.(1) of this en- those rights. dorsement to provide insur- 8. Automatic Additional Insured - Speci- ance. Such person(s) or or- fied Relationships ganization(s) are insureds only with respect to liability a. The following is added to Section II - for "bodily injury", "property Who is an Insured: damage" or "personal and (1) Any person(s) or organization(s) advertising injury"caused, in whole or in part, by your described in Paragraph 8.a.(2) of maintenance, operation or this endorsement (hereinafter re- use of equipment leased to ferred to as additional insured) you by such person(s) or or- whom you are required to add as ganization(s). A person(s or an additional insured under this organization's status as an Coverage Part by reason of a additional insured under this written contract, written agree- endorsement ends when ment, written permit or written their contract or agreement authorization. with you for such leased (2) Only the following persons or or- equipment ends. However, ganizations are additional in- this insurance does not ap- sureds under this endorsement, ply to any "occurrence" and insurance coverage provided which takes place after the to such additional insureds is lim- equipment lease expires. ited as provided herein: (c) Vendors (a) Managers or Lessors of Any person or organization Premises (referred to below as ven- The manager or lessor of a dor) with whom you have premises leased to you with agreed per Paragraph whom you have agreed per 8.a.(1) of this endorsement Paragraph 8.a.(1) of this en- to provide insurance, but en- dorsement to provide insur- ly with respect to "bodily in- jury" or "property damage" Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc.,with its permission. Page 11 of 17 E.Berry St.at S.Riverside Dr. CPN 103310 arising out of"your products" or sale of the which are distributed or sold products; in the regular course of the vendor's business, subject 6) Demonstration, in- to the following additional stallation, servicing exclusions: or repair opera- tions, except such (i) The insurance afforded operations per- the vendor does not formed at the ven- apply to: dor's premises in 1) "Bodily injury' or connection with the sale of the product; "property damage" for which the ven- 7) Products which, af- dor is obligated to ter distribution or pay damages by sale by you, have reason of the as- been labeled or re- sumption of liability labeled or used as in a contract or a container, part or agreement. This ingredient of any exdusion does not other thing or sub- apply to liability for stance by or for the damages that the vendor; or vendor would have in the absence of 8) "Bodily injury' or the contract or "property damage" agreement; arising out of the sole negligence of 2) Any express war- the vendor for its ranty unauthorized own acts or omis- by you; sions or those of its employees or 3) Any physical or anyone else acting chemical change in on its behalf. How- the product made ever, this exclusion intentionally by the does not apply to: vendor; a) The excep- 4) Repackaging, ex- tions contained cept when un- in Paragraphs packed solely for (c) (i) 4) or 6) the purpose of in- of this en- spection, demon- dorsement; or stration, testing, or the substitution of b) Such inspec- parts under in- tions, adjust- structions from the ments, tests or manufacturer, and servicing as then repackaged in the vendor has the original con- agreed to tainer; make or nor- mally failure to make malty u nder- ) Any fil k takes to make such inspections, in the usual adjustments, tests course of or servicing as the business, in vendor has agreed connection to make or normal- with the distri- ly undertakes to bution or sale make in the usual of the prod- course of busi- ucts. ness, in connection with the distribution E.Berry St.at S.Riverside Dr. Includes copyrighted material of Insurance CPN 103310 GA 233 TX 09 17 Services Office, Inc.,with its permission. Page 12 of 17 (i) This insurance does not (iii) The ownership, mainte- apply to any insured nance or use of any el- person or organization: evators covered by this 1) From whom you insurance. have acquired (e) Mortgagee, Assignee or such products, or Receiver any ingredient, part or container, enter- Any person or organization ing into, accompa- with whom you have agreed nying or containing per Paragraph 8.a.(1) of this such products; or endorsement to provide in- surance, but only with re- 2) When liability in- spect to their liability as cluded within the mortgagee, assignee, or re- "products- ceiver and arising out of the completed opera- ownership, maintenance, or tions hazard" has use of the premises by you. been excluded un- However, this insurance der this Coverage does not apply to structural Part with respect to alterations, new construction such products. and demolition operations performed by or for that per- (d) State or Governmental son or organization. Agency or Subdivision or Political Subdivision - (3) The insurance afforded to addi- Permits or Authorizations tional insureds described in Par- Relating to Premises agraph 8.a.(1) of this endorse- ment: Any state or governmental agency or subdivision or po- (a) Only applies to the extent litical subdivision with which permitted by law; and you have agreed per Para- (b) Will not be broader than that graph 8.a.(1) of this en- dorsement to provide insur- ance, subject to the follow- the written contract, written ing additional provision: agreement, written permit or written authorization to pro- This insurance applies only vide for such additional in- with respect to the following sured; and hazards for which the state or governmental agency or (c) Does not apply to any per- subdivision or political sub- son, organization, vendor, division has issued a permit state, governmental agency or authorization in connec- or subdivision or political tion with premises you own, subdivision, specifically rent or control and to which named as an additional in- this insurance applies: sured under any other provi- sion of, or endorsement (i) The existence, mainte- added to, this Coverage nance, repair, construc- Part, provided such other tion, erection or removal provision or endorsement of advertising signs, covers the injury or damage awnings, canopies, cel- for which this insurance ap- lar entrances, coal plies. holes, driveways, man- holes, marquees, hoist b. With respect to the insurance afford- away openings, side- ed to the additional insureds de- walk vaults, street ban- scribed in Paragraph 8.a.(1) of this ners or decorations and endorsement, the following is added similar exposures; or to Section III-Limits of Insurance: (i) The construction, erec- The most we will pay on behalf of the tion or removal of eleva- additional insured is the amount of in- tors; or surance: Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc.,with its permission. Page 13 of 17 E.Berry St.at S.Riverside Dr. CPN 103310 (1) Required by the written contract, 9. Property Damage to Borrowed Equip- written agreement, written permit ment or written authorization described a• The following is added to Exclusion dParagraph 8.a.(1) of this en- 2.' Damage to Property under Sec- tion I - Coverage A - Bodily Injury (2) Available under the applicable and Property Damage Liability: Limits of Insurance shown in the Declarations; Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- whichever is less. ment loaned to you, provided they are T not being used to perform operations This endorsement shall not increase at the time of loss. the applicable Limits of Insurance shown in the Declarations. b. With respect to the insurance provid- ed by this section of the endorse- c. Section IV - Commercial General ment, the following additional provi- Liability Conditions is amended to sions apply: include the following: pp y Automatic Additional Insured Pro- (1) The Limits of Insurance shown in the Declarations are replaced by vision the limits designated in Section This insurance applies only if the B. Limits of Insurance, 9. "bodily injury" or "property damage" Property Damage to Borrowed occurs, or the "personal and advertis- Equipment of this endorsement ing injury'offense is committed: with respect to coverage provid- ed by this endorsement. These (1) During the policy period; and limits are inclusive of and not in addition to the limits being re- (2) Subsequent to your execution of placed. The Limits of Insurance the written contract or written shown in Section B. Limits of agreement, or the issuance of a Insurance, 9. Property Damage written permit or written authori- to Borrowed Equipment of this zation, described in Paragraph endorsement fix the most we will 8.a.(1). pay in any one "occurrence" re- d. Section IV - Commercial General gardless of the number of: Liability Conditions is amended as (a) Insureds; follows: Condition 5. Other Insurance is (b) Claims made or "suits" amended to include: brought; or Prima and Noncontributory In- (c) Persons or organizations Primary rY making claims or bringing surance "suits". This insurance is primary to and will (2) Deductible Clause not seek contribution from any other insurance available to an additional (a) Our obligation to pay dam- insured per Paragraph 8.a.(1) of this ages on your behalf applies endorsement provided that: only to the amount of dam- ( )1 The additional insured is a ages for each "occurrence" which are in excess of the Named Insured under such other Deductible Amount stated in insurance; and Section B. Limits of Insur- (2) You have agreed in writing in a ance, 9. Property Damage contract, agreement, permit or to Borrowed Equipment of authorization described in 8.a.(2) this endorsement. The limits of this endorsement that this in- of insurance will not be re- surance would be primary and duced by the application of would not seek contribution from such deductible amount. any other insurance available to (b) Section IV - Commercial the additional insured. General Liability Condi- tions, 2. Duties in the Event of Occurrence, of- Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc.,with its permission. Page 14 of 17 E. Berry St.at S. Riverside Dr. CPN 103310 fence, Claim or Suit, ap- This requirement applies only when plies to each claim or "suit" the "occurrence" or offense is known irrespective of the amount. to an "authorized representative". (c) We may pay any part or all 12. Nonowned Aircraft of the deductible amount to effect settlement of any The following is added to Exclusion 2.g. claim or "suit' and, upon no- Aircraft, Auto or Watercraft under Sec- tification of the action taken, tion I - Coverage A - Bodily Injury and you shall promptly reim- Property Damage Liability: burse us for such part of the This exclusion does not apply to an air- deductible amount as has craft you do not own, provided that: been paid by us. a. The pilot in command holds a current 10. Employees as Insureds - Specified effective certificate, issued by a duly Health Care Services and Good Samar- constituted authority of the United itan Services States of America or Canada, desig- Paragraph 2.a.(1)(d) under Section II - nating that person as a commercial or Who is an Insured does not apply to: airline transport pilot; a. Your "employees" who provide pro- b. The aircraft is rented with a trained, fessional health care services on your paid crew; and behalf as a duly licensed nurse, c. The aircraft does not transport per- emergency medical technician or sons or cargo for a charge. paramedic in the jurisdiction where an "occurrence" or offense to which this 13. Bodily Injury Redefined insurance applies takes place; or Section V- Definitions, 4. "Bodily injury' b. Your"employees" or"volunteer work is replaced by the following: ers", other than an employed or vol- unteer doctor, providing first aid or 4. "Bodily injury' means bodily harm or good samaritan services during their injury, sickness, disease, disability, work hours for you will be deemed to humiliation, shock, fright, mental an- be acting within the scope of their guish or mental injury, including care, employment by you or performing du- loss of services or death resulting ties related to the conduct of your from any of these at any time. business. 14. Expected or Intended Injury Redefined 11. Broadened Notice of Occurrence The last sentence of Exclusion 2.a. Ex- Paragraph a.of Condition 2. Duties in the pected or Intended Injury under Section Event of Occurrence, Offense, Claim or I - Coverage A - Bodily Injury and Suit under Section IV - Commercial Property Damage Liability is replaced by General Liability Conditions is replaced the following: by the following: This exclusion does not apply to "bodily a. You must see to it that we are notified injury"or"property damage" resulting from as soon as practicable of an "occur- the use of reasonable force to protect per- rence"or an offense which may result sons or property. in a claim. To the extent possible, no- 15. Former Employees as Insureds tice should include: The following is added to Paragraph 2. (1) How, when and where the "oc- under Section II-Who is an Insured: currence"or offense took place; 2. Each of the following is also an in- (2) The names and addresses of sured: any injured persons and wit- nesses; and Any of your former "employees", di- rectors, managers, members, part- (3) The nature and location of any ners or "executive officers", including injury or damage arising out of but not limited to retired, disabled or the "occurrence"or offense. those on leave of absence, but only for acts within the scope of their em- ployment by you or for duties related to the conduct of your business. Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc.,with its permission. Page 15 of 17 E. Berry St.at S. Riverside Dr. CPN 103310 16. Voluntary Property Damage Coverage (2) Exclusions a. Coverage D - Voluntary Property This insurance does not apply to Damage Coverage "property damage" that would be es is amended to excluded by Coverage A- Bodi- Section I-Coverages ly Injury and Property Damage include the following: Liability, 2. Exclusions, except (1) Insuring Agreement for j. Damage to Property, par- agraphs (3), (4), (5) and (6), k. (a) We will pay the cost to re- Damage to Your Product, and I. pair or replace "property Damage to Your Work. damage" to property of oth- ers arising out of operations (3) Definitions incidental to your business For purposes of Voluntary when: Property Damage Coverage 1) Damage is caused by only, the following definitions un- you; or der Section V - Definitions are replaced by the following: 2) Damage occurs while in your possession. 16. "Occurrence" means an in- cident, including continuous At your written request, we or repeated exposure to will make this payment re- substantially the same gen- gardless of whether you are eral harmful conditions that at fault for the "property result in "property damage". damage". 20. "Property damage" means If you, at our request, re- physical injury to tangible place, or make any repairs property. "Electronic data" is to, damaged property of not tangible property, and others, the amount we will "property damage" does not pay under Voluntary Prop- include disappearance, ab- erty Damage Coverage will straction or theft. be determined by your actu- al cost to replace or repair b. Care, Custody or Control Liability the damaged property, ex- Coverage cluding any profit or over- For purposes of the coverage provid- head. ed by Care, Custody or Control Li- Any payment we make un- ability Coverage in this endorsement der Voluntary Property only: Damage Coverage shall not (1) Section I -Coverage A- Bodily be interpreted as an admis- Injury and Property Damage sion of liability by you or by Liability, 2. Exclusions, j. us. Damage to Property, Subpara- It shall be your duty, not our graphs (3), (4) and (5)do not ap- duty, to defend any claim or ply to "property damage" to the "suit'to which this insurance property of others described applies. therein. No other obligation or liabil- (2) It shall be your duty, not our duty, ity to pay sums or perform to defend any claim or "suit" to acts or services is covered. which this insurance applies. (b) This insurance applies to No other obligation or liability to "property damage"only if: pay sums or perform acts or ser- vices is covered. 1) The "property damage" takes place in the "cov- This Paragraph (2) supersedes erage territory'; and any provision in the Coverage Part to the contrary. 2) The "property damage" occurs during the policy (3) "Property damage" for which period. Care, Custody or Control Lia- Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc.,with its permission. Page 16 of 17 E.Berry St.at S.Riverside Dr. CPN 103310 bility Coverage provides cover- (3) The Voluntary Property Dam- age shall be deemed to be age Coverage, Aggregate Limit caused by an "occurrence" but of Insurance is the most we will shall not serve to limit or restrict pay for the sum of all damages the applicability of any exclusion under Voluntary Property for "property damage" under this Damage Coverage. This limit Coverage Part. applies separately to each "cov- c. Limits of Insurance and Deducti- erage term". bles (4) Deductible Clause For purposes of the coverage provid- (a) Our obligation to pay dam- ed by Voluntary Property Damage ages on your behalf applies Coverage and Care, Custody or only to the amount of dam- Control Liability Coverage, Section ages for each "occurrence" III - Limits of Insurance is amended which are in excess of the to include the following: Deductible Amount stated Limits of sown n for the applicable coverage (1) TheLii f I h i in the Schedule. The limits the Declarations are replaced by of insurance will not be re- the limits designated in Section duced by the application of B. Limits of Insurance, 16. such Deductible Amount. Voluntary Property Damage Coverage and Care, Custody (b) Section IV - Commercial or Control Liability Coverage, General Liability Condi- in this endorsement. These limits tions, 2. Duties in the are inclusive of, and not in addi- Event of Occurrence, of- tion to, the limits being replaced. fense, Claim or Suit, ap- The Limits of Insurance shown in plies to each claim or "suit" the Schedule fix the most we will irrespective of the amount. pay regardless of the number of: (c) We may pay any part or all (a) Insureds; of the Deductible Amount to effect settlement of any (b) Claims made or "suits" brought; or claim or"suit' and, upon no- tification of the action taken, (c) Persons or organizations you shall promptly reim- making claims or bringing burse us for such part of the "suits". Deductible Amount as has been paid by us. (2) (a) Subject to (3) below, the Voluntary Property Dam- 17. Broadened Contractual Liability -Work age Coverage, Each Occur- Within 50'of Railroad Property rence Limit Of Insurance is Section V-Definitions, 12. "Insured con- the most we will pay for the tract"is amended as follows: sum of damages under Vol- untary Property Damage a. Paragraph c. is replaced by the fol- Coverage; lowing: (b) The Care, Custody or Con- c. Any easement or license agree- trol Liability Coverage, ment; Each Occurrence Limit Of Insurance is the most we will b. Paragraph f.(1) is deleted in its entire- pay for the sum of damages ty• under Care, Custody or 18. Alienated Premises Control Liability Coverage; Exclusion 2 j. Damage to Property, because of all "property damage" Paragraph (2) under Section I - Cover- arising out of any one "occur- age A - Bodily Injury and Property rence". Damage Liability does not apply if the premises are "your work". E.Berry St.at S. Riverside Dr. Includes copyrighted material of Insurance CPN 103310 GA 233 TX 09 17 Services Office, Inc.,with its permission. Page 17 of 17 This page has been left blank intentionally. E.Berry St.at S.Riverside Dr. CPN 103310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or cluded in the "products-completed Contractors - Automatic Status For Other operations hazard", but only if: Parties When Required In Written Contract Or Agreement With You (1) The Coverage Part to which this endorsement is attached pro- 1. Section II - Who Is An Insured is vides coverage for "bodily injury" amended to include as an additional in- or "property damage" included sured any person or organization you within the "products-completed have agreed in writing in a contract or operations hazard"; and agreement to add as an additional in- sured on this Coverage Part. Such per- (2) The written contract or written son(s) or organization(s) is an additional agreement requires you to pro- insured only with respect to liability for: vide additional insured coverage included within the "products- a. "Bodily injury", "property damage" or completed operations hazard" "personal and advertising injury" for that person or organization. caused, in whole or in part, by the performance of your ongoing opera- If the written contract or written tions by you or on your behalf, under agreement requires you to provide that written contract or written additional insured coverage included agreement. Ongoing operations does within the "products-completed oper- not apply to "bodily injury" or "proper- ations hazard" for a specified length ty damage" occurring after: of time for that person or organiza- tion, the "bodily injury" or "property (1) All work, including materials, damage" must occur prior to the ex- parts or equipment furnished in piration of that period of time in order connection with such work, on for this insurance to apply. the project (other than service, maintenance or repairs) to be If the written contract or written performed by or on behalf of the agreement requires you to provide additional insured(s) at the loca- additional insured coverage for a tion of the covered operations person or organization per only ISO has been completed; or additional insured endorsement form number CG 20 10, without specifying (2) That portion of"your work" out of an edition date, and without specifi- which the injury or damage aris- cally requiring additional insured es has been put to its intended coverage included within the "prod- use by any person or organiza- ucts-completed operations hazard", tion other than another contrac- this Paragraph b. does not apply to for or subcontractor engaged in that person or organization. performing operations for a prin- cipal as a part of the same pro- 2. If the written contract or written agree- ject; and ment described in Paragraph 1. above specifically requires you to provide addi- b. "Bodily injury" or "property damage" tional insured coverage to that person or caused, in whole or in part, by "your organization: work" performed under that written contract or written agreement and in- a. Arising out of your ongoing opera- tions or arising out of"your work"; or Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 1 of 3 E.Berry St.at S. Riverside Dr. CPN 103310 b. By way of an edition of an ISO addi- 2. With respect to the insurance afforded to tional insured endorsement that in- the additional insureds described in Para- cludes arising out of your ongoing graph B.1., the following additional exclu- operations or arising out of "your sions apply: work"; This insurance does not apply to: then the phrase caused, in whole or in part, by in Paragraph A.1.a. and/or Para- a. "Bodily injury", "property damage" or graph A.1.b. above, whichever applies, is "personal and advertising injury" aris- replaced by the phrase arising out of ing out of operations performed for the federal government, state or mu- 3. With respect to the insurance afforded to nicipality; or the additional insureds described in Para- graph A.1., the following additional exclu- b. "Bodily injury" or "property damage" sion applies: included within the "products- completed operations hazard." This insurance does not apply to "bodily injury", "property damage" or "personal C. The insurance afforded to additional insureds and advertising injury" arising out of the described in Paragraphs A. and B.: rendering of, or the failure to render, any 1. Only applies to the extent permitted by professional architectural, engineering or law; and surveying services, including: 2. Will not be broader than that which you a. The preparing, approving or failing to are required by the written contract, writ- prepare or approve, maps, shop ten agreement, written permit or written drawings, opinions, reports, surveys, authorization to provide for such addition- field orders, change orders or draw- al insured; and ings and specifications; or 3. Does not apply to any person, organiza- b. Supervisory, inspection, architectural tion, state, governmental agency or sub- or engineering activities. division or political subdivision specifically This exclusion applies even if the claims named as an additional insured for the against any insured allege negligence or same project in the schedule of an en- other wrongdoing in the supervision, hir- dorsement added to this Coverage Part. ing, employment, training or monitoring of D. With respect to the insurance afforded to the others by that insured, if the "occurrence" additional insureds described in Paragraphs which caused the "bodily injury" or "prop- A. and B., the following is added to Section III erty damage", or the offense which - Limits Of Insurance: caused the "personal and advertising inju- ry", involved the rendering of, or the fail- The most we will pay on behalf of the addi- ure to render, any professional architec- tional insured is the amount of insurance: tural, engineering or surveying services. 1. Required by the written contract, written 4. This Paragraph A. does not apply to addi- agreement, written permit or written au- tional insureds described in Paragraph B. thorization described in Paragraphs A. and B. For the purpose of determining the B. Additional Insured -State Or Governmental required amount of insurance only, we will Agency Or Subdivision Or Political Subdi- include the minimum amount of any Um- vision - Automatic Status When Required brella Liability or Excess Liability cover- In Written Permits Or Authorizations age required for that additional insured in 1. Section II - Who Is An Insured is that written contract, written agreement, amended to include as an additional in- written permit or written authorization; or sured any state or governmental agency 2. Available under the applicable limits of in- or subdivision or political subdivision you surance; have agreed in writing in a permit or au- thorization to add as an additional insured whichever is less. on this Coverage Part. Such state or gov- ernmental agency or subdivision or politi- This endorsement shall not increase the appli- cal subdivision is an additional insured cable limits of insurance. only with respect to operations performed E. Section IV - Commercial General Liability by you or on your behalf for which the Conditions is amended to add the following: state or governmental agency or subdivi- sion or political subdivision has issued, in Automatic Additional Insured Provision writing, a permit or authorization. E.Berry St.at S. Riverside Dr. Includes copyrighted material of Insurance CPN 103310 GA 472 05 20 Services Office, Inc., with its permission. Page 2 of 3 This insurance applies only if the "bodily inju- scribed in Paragraph A. or B. that this in- ry" or "property damage" occurs, or the "per- surance would be primary to any other in- sonal and advertising injury" offense is com- surance available to the additional in- mitted: sured. 1. During the policy period; and As used in this endorsement, wrap-up insur- ance means a centralized insurance program 2. Subsequent to your execution of the writ- under which one party has secured either in- ten contract or written agreement, or the surance or self-insurance covering some or all issuance of a written permit or written au- of the contractors or subcontractors perform- thorization, described in Paragraphs A. ing work on one or more specific project(s). and B. F. Except when G. below applies, the following is Primary And Noncontributory Insurance added to Section IV - Commercial General When Required By Written Contract, Liability Conditions, Other Insurance, and Agreement, Permit Or Authorization supersedes any provision to the contrary: Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- When Other Additional Insured Coverage sured, this insurance is primary to and will not Applies On An Excess Basis seek contribution from any other insurance This insurance is primary to other insurance available to the additional insured described in available to the additional insured described in Paragraphs A. and B. provided that: Paragraphs A. and B. except: 1. The additional insured is a Named In- 1. As otherwise provided in Section IV - sured under such other insurance; and Commercial General Liability Condi- 2. You have agreed in writing in a contract, tions, Other Insurance, b. Excess In- agreement, permit or authorization de- surance; or scribed in Paragraph A. or B. that this in- s. For any other valid and collectible insur- surance would be primary and would not ance available to the additional insured as seek contribution from any other insur- an additional insured on another insur- ance available to the additional insured. ance policy that is written on an excess As used in this endorsement, wrap-up insur- basis. In such case, this insurance is also ance means a centralized insurance program excess. under which one party has secured either in- G. The following is added to Section IV - Com- surance or self-insurance covering some or all mercial General Liability Conditions, Other of the contractors or subcontractors perform- Insurance, and supersedes any provision to ing work on one or more specific project(s). the contrary: H. Section IV - Commercial General Liability Primary Insurance When Required By Writ- Conditions, Transfer Of Rights Of Recov- ten Contract, Agreement, Permit Or Au- ery Against Others To Us is amended by the thorization addition of the following: Except when wrap-up insurance applies to the Waiver of Subrogation claim or "suit" on behalf of the additional in- We waive any right of recovery against any sured, this insurance is primary to any other additional insured under this endorsement, insurance available to the additional insured because of any payment we make under this described in Paragraphs A. and B. provided endorsement, to whom the insured has that: waived its right of recovery in a written con- 1. The additional insured is a Named In- tract, written agreement, written permit or writ- sured under such other insurance; and ten authorization. Such waiver by us applies only to the extent that the insured has waived 2. You have agreed in writing in a contract, its right of recovery against such additional in- agreement, permit or authorization de- sured prior to loss. E.Berry St.at S. Riverside Dr. Includes copyrighted material of Insurance CPN 103310 GA 472 05 20 Services Office, Inc., with its permission. Page 3 of 3 This page has been left blank intentionally. E.Berry St.at S. Riverside Dr. CPN 103310 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT 11 Create New From This M&C REFERENCE **M&C 22- 20NEAST BERRY AT SOUTH DATE: 10/11/2022 NO.: 0832 LOG NAME: RIVERSIDE ENGINEERING CONTRACT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 8)Authorize Execution of an Engineering Services Agreement with Binkley& Barfield, Inc. in the Amount of$303,492.00 for the East Berry Street at South Riverside Drive Intersection Improvements Project (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize execution of an engineering services agreement with Binkley& Barfield, Inc. in the amount of$303,492.00 for the East Berry Street at South Riverside Drive Intersection Improvements project (City Project No. 103310). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of an engineering services agreement with Binkley & Barfield, Inc. for the design of improvements at the intersection of E. Berry Street and S. Riverside Drive. This agreement will allow the engineer to produce preliminary and final plans; perform traffic analyses, geotechnical investigations and subsurface utility engineering; create specifications, cost estimates and right-of-way exhibits; and provide bidding and construction management services for the project. The E. Berry Street at S. Riverside Drive Intersection Improvements project is anticipated to consist of constructing new 700 channelized right turn islands for the existing eastbound, westbound and southbound right turn lanes, milling and overlaying the intersection due to poor pavement condition, installation of new traffic signals, adding new accessible pedestrian signals, installing new signing and striping, constructing utility adjustments, reconstructing the existing curb ramps and constructing new pedestrian curb ramps to American with Disabilities Act (ADA) compliance. The funding for this project was authorized on August 23rd, 2022 with M&C 22-0599 in the amount of $2,900,000.00. Funding is budgeted in the TPW Dept Highway&Streets Department's 2022 Bond Program Fund for the purpose of funding the E. Berry St at S. Riverside Dr project, as appropriated. This project is included in the 2022 Bond Program. Once the bonds are sold, proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 25515-05- 2022) and subsequent actions taken by the Mayor and Council. Binkley& Barfield, Inc. was selected for this project based on the pre-qualified list of firms from Category-2 of the Request for Qualifications advertised in August 2020 for various capital project improvements. The Intersection Improvement Category 2 required a Request For Additional Information (RFAI)submission for the final selection process. City staff performed this RFAI process this summer which resulted in thirteen firms being chosen for award of multiple design agreements. Binkley& Barfield was chosen for this project. Binkley& Barfield, Inc. is in compliance with the City's Business Equity Ordinance by committing to 16 \% Business Equity participation on this project. The City's Business Equity goal on this project is 12\ This project is location in COUNCIL DISTRICT 8. http://apps.cfwnet.org/council_packet/mc review.asp?ID=30385&councildate=10/11/2022 10/14/2022 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program for the E Berry St at S Riverside Dr project to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amoun� I ID ID , , Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year ChartField 2 Submitted for City Manager's Office by: William Johnson (7801) Originating Department Head: Lauren Prieur(6035) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 103310 M&C MAP.pdf (Public) 20NEAST BERRY AT SOUTH RIVERSIDE ENGINEERING CONTRACT funds availability.pdf (CFW Internal) 220909 Comp memo 103310 Berry Riverside nw.pdf (CFW Internal) FID TABLE 103310.xlsx (CFW Internal) Form 1295.pdf (CFW Internal) SAM.pdf (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=30385&councildate=10/11/2022 10/14/2022 FORT WORTH Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: E. Berry St. at S. Riverside Dr. Intersection Improvements: Std. Agreement for Engineering Related Professional Services M&C 22-0832 CPN 103310 CSO # DOC# 1 DATE: 11-07-2022 TO: INITIALS DATE OUT 1. Ilianisse Figueroa Aponte - review FA Nov 15, 2022 2. Chad Allen - signature C* Nov 15, 2022 3. Lissette Acevedo - review G111V Nov 16, 2022 4. Michael Owen - review VqW Nov 17,2022 5. Lauren Prieur - signature W Nov 17, 2022 6. Doug Black - signature wb Nov 17, 2022 7. William Johnson - signature ,. Nov 18,2022 8. Jannette Goodall - signature Nov 18,2022 9. TPW Contracts 10. DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes ❑ No RUSH: ❑ Yes ❑ No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No ROUTING TO CSO: ❑ Yes ❑ No Action Required: ❑ Attach Signature, Initial and Notary Tabs ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Return To: Please call TPW Contracts at ext. 7233 for pick up when completed. Thank you.