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HomeMy WebLinkAboutContract 58591 CSC No.58591 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 DEC NORTH TEXAS, LLC, authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: 2022 BOND YEAR 2 CONTRACT 10— Project No. 104243. 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 $406,090.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. City of Fort Worth,Texas 2022 BOND YEAR 2 CONTRACT 10 Standard Agreement for Engineering Related Design Services Proj.No.104243 Revised Date:November23,2021 OFFICIAL RECORD Page 1 of 15 CITY SECRETARY FT.WORTH,TX Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth,Texas 2022 BOND YEAR 2 CONTRACT 10 Standard Agreement for Engineering Related Design Services Proj.No.104243 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 2022 BOND YEAR 2 CONTRACT 10 Standard Agreement for Engineering Related Design Services Proj.No.104243 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 2022 BOND YEAR 2 CONTRACT 10 Standard Agreement for Engineering Related Design Services Proj.No.104243 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 2022 BOND YEAR 2 CONTRACT 10 Standard Agreement for Engineering Related Design Services Proj.No.104243 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 2022 BOND YEAR 2 CONTRACT 10 Standard Agreement for Engineering Related Design Services Proj.No.104243 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 2022 BOND YEAR 2 CONTRACT 10 Standard Agreement for Engineering Related Design Services Proj.No.104243 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 2022 BOND YEAR 2 CONTRACT 10 Standard Agreement for Engineering Related Design Services Proj.No.104243 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 2022 BOND YEAR 2 CONTRACT 10 Standard Agreement for Engineering Related Design Services Proj.No.104243 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's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual City of Fort Worth,Texas 2022 BOND YEAR 2 CONTRACT 10 Standard Agreement for Engineering Related Design Services Proj.No.104243 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 2022 BOND YEAR 2 CONTRACT 10 Standard Agreement for Engineering Related Design Services Proj.No.104243 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 2022 BOND YEAR 2 CONTRACT 10 Standard Agreement for Engineering Related Design Services Proj.No.104243 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 2022 BOND YEAR 2 CONTRACT 10 Standard Agreement for Engineering Related Design Services Proj.No.104243 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 DEC NORTH TEXAS, LLC William Johnson(De 15,202213:25 CST) WILLIAM M. JOHNSON �db-" �,uu eiaa�h lD.e,aon ic3s csr) Assistant City Manager WILLIAM GLADBACH, PE 4-p-p4bIln� aa�FORr�aa North Texas Division Manager Date: Dec 15,2022 ��000� oo. po ~� Date: Dec 8,2022 Gvo o=d ATTEST: 000 p000ccoo0 L7 7RiliZg�fB'S, `�7±oor7itCG �'��rEXASoa Jannette S.Goodall(D c 15,202214:46 CST) �naaaa�" Jannette Goodall City Secretary APPROVAL RECOMMENDED: A By:Lauren Prieur(Dec 10,202215:42 CS-0 LAUREN PRIEUR Interim Director, Transportation & Public Works APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2022-935247 WA By:D$lack(Dec 14.202211:54 CST) 7 Douglas W Black M&C No.: 22-0976 Sr. Assistant City Attorney M&C Date: 11/29/2022 City of Fort Worth,Texas 2022 BOND YEAR 2 CONTRACT 10 Standard Agreement for Engineering Related Design Services Proj.No.104243 Revised Date:November23,2021 OFFICIAL RECORD Page 14 of 15 CITY SECRETARY 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. e 34�sT, Tingting Ren P.E. Project Manager City of Fort Worth,Texas 2022 BOND YEAR 2 CONTRACT 10 Standard Agreement for Engineering Related Design Services Proj.No.104243 Revised Date:November 23,2021 Page 15 of 15 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 ATTACHMENT A Scope for Engineering Design Related Services for Paving. Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR 2022 BOND YEAR 2-CONTRACT 10; CITY PROJECT NO.: 104243 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. CITY OF FORT WORTH WATER DEPARTMENT WATER REPLACEMENT Water CD Scope of Length Streets From To Work Proposed Size (LF) Houston St. 25th St. 20th St. Water 8" 3,909 2 Lincoln Ave. 16th St. Central Ave. Water 8" 1,874 2 Total 5,783 CITY OF FORT WORTH TPW DEPARTMENT PAVING REHABILITATION Street Limits Lane Planned Limited Full Cross Drainage Miles Rehab Paving Paving Section Analysis Procedure Design Design *** **** * ** 15th St,NW Circle Park Blvd to 0.16 Concrete base, X Lincoln Ave POL alternate Houston St,N NW 25th St to 1.85 Concrete base, X NW 20th St POL alternate Lincoln Ave NW 16th to 0.89 Concrete base, X W Central Ave POL alternate TOTAL 2.9 *Limited Design Projects Include:existing typical section,plan and profile sheets with the existing ground labeled as the proposed ground,and permitting requirements if applicable. **Full Design Projects Include: proposed typical section, plan and profile sheets with the proposed ground profile designed, and permitting requirements if applicable. ***Cross Sections Include: proposed cross sections taken at every 100 feet for proposed concrete paved streets when right and left curb elevations do not match and the limits of the driveways shown in plan view on the paving plan and profile sheets.Streets not selected to include cross sections, shall assume driveway replacement to the ROW line on the plan and profile sheets. ****Drainage Analysis Includes:existing and proposed drainage area maps and drainage computations as detailed in the scope below. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 CITY OF FORT WORTH STORMWA TER DEPARTMENT PIPE REPLACEMENT Primary Secondary Ref. No. Per Planned Procedure Limited Storm Street Street STMWTR Pipe Design Assessment 2022 Report N. Houston St 25t1i NW St P1007371 Replace 1 segment of 18" RCP pipe 3 X feet from inlet N. Houston St 22"d NW St P1008339 Replace 32 LF of 18" RCP lateral X N. Houston St 22"d NW St P1008359 4 ft of joint replacement X N. Houston St 22"d NW St P1008370 Replace 28 LF of 18" RCP X N. Houston St 22"d NW St P1024310 Replace 18 LF of 18" RCP X Lincoln Ave. 141h NW St P1005380 Replace 27 LF of 18" RCP Lateral X Lincoln Ave. 14th NW St P1006481 Replace unknown size RCP Lateral X *Limited Storm Design Includes: removal plan view and proposed plan view along with plan note(s)for pipe repair or inlet replacement; No hydraulic analysis or calculations will be required for pipe repair being shown on plans; No pipe profiles will be required on plans WORK TO BE PERFORMED This section includes design effort which will be shared between the Water Department and Transportation & Public Works Department. The consultant shall prepare two separate level of effort (LOE) spreadsheets and will provide their fees according to the departments which are responsible for that subtask. • Subtasks showing [Water] shall have all design fees on the Water Department LOE. • Subtasks showing [Water/TPM shall split the design fees according to effort or sheet count between the two LOEs. • Subtasks showing [TPW] shall have all design fees on the TPW Department LOE. Task 1. Design Management Task 2. Conceptual Design (30%) Task 3. Preliminary Design (60%) Task 4. Final Design (90% and 100%) Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services Task 9. Permitting Task 10. Plan Submittal Checklists Task 11. Quality Control/Quality Assurance TASK 1. DESIGN MANAGEMENT. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change, City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 ■ communicate effectively, ■ coordinate internally and externally as needed, and ■ Proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities. • Hold meetings and communicate internally among team members to allocate team resources. [Water/TPW] • Ensure quality control is practiced in performance of the work [Water/TPW] 1.2. Communications and Reporting • Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements [Water] • Conduct review meetings with the CITY at the end of each design phase. [Water] • Prepare invoices and submit monthly in the format requested by the CITY. [Water/TPW] • Prepare and submit monthly progress reports in the format provided by the Water Department and TPW. [Water/TPW] • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. [Water] • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. [Water] • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design [Water] • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. [Water] • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. [Water] ASSUMPTIONS City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 3 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 • 15 MWBE reports will be prepared • 4 meetings with city staff • 15 monthly progress reports will be prepared • 15 monthly project schedule updates will be prepared DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly MWWBE Report Form and Final Summary Payment Report Form G. Plan Submittal Checklists (See Task 10) TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to ■ Study the project, ■ Identify and develop alternatives that enhance the system, ■ Present (through the defined deliverables) these alternatives to the CITY ■ Recommend the alternatives that successfully addresses the design problem, and ■ Obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection • In addition to data obtained from the CITY, ENGINEER will research proposed improvements in conjunction with any other planned future improvements that may influence the project. [Water] • The ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including but not limited to; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. [Water] • The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re- routing plans. [Water] City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 4 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 • The ENGINEER shall visit the project site and obtain the meter numbers and sizes on all existing meters to be replaced on the project and shall identify existing sample stations and fire line locations. [Water] 2.2. Geotechnical Investigations Assume test borings and other subsurface investigations to be provided by CITY[Water] 2.3. Fire Line Reconnection A fire line reconnection is not anticipated to be necessary for the lines that have been identified and has therefore not been included in this scope of work. However, the ENGINEER understands that if a fire line is encountered during design survey, then the following procedure should be utilized for the reconnection of fire lines during design and construction of water mains: 2.3.1 All fire lines on existing water mains to be replaced shall be clearly identified on the plans and when necessary, detailed sequence of construction should be provided for the reconnection to ensure that affected properties have adequate fire protection during and after construction. The engineer may need to visit with affected property owners to obtain fire flow and pressure requirements and incorporate the data into the fire service reconstruction design. [Water] 2.3.2 Design Engineer must coordinate with Water Field Operations during the design stage. For situations where the water main is removed and replaced in the same trench, special attention should be given to maintain adequate fire protection. A 2- inch temporary water line is grossly inadequate to feed a fire line. The transfer time of the fire line to the new water main must be kept to a minimum.Where necessary design and appropriate pay items must be provided for adequate temporary water service to feed fire service lines during construction. If there is any question about the adequacy of the temporary service to the fire line, then the inspector or project manager will request field operations to perform a pressure test at the nearest fire hydrant or outlet to determine the adequacy of the temporary connections. If the temporary connection is inadequate to provide fire protection until the permanent feed is in place, the project manager will assess the situation and make a determination as to the appropriate action. [Water] 2.3.3 At pre-construction meeting, contractors should be informed of their responsibility to locate, identify and maintain fire service to applicable buildings. The proposed sequence of reconnection for fire lines should be discuss and enforced during construction. The City inspector shall also inspect the project site and take inventory of fire line locations. [Water] 2.3.4 During construction, the inspector shall notify Water Department Field Operations of the pending fire line shut down. In addition, the contractor must notify the local fire station and property owners of the time frame that the fire line will be shut down on company letter head and inspector shall receive a copy. No fire line shut outs will be allowed without this letter. [Water] 2.3.5 The project manager shall be responsible for the implementation and completion of this procedure. [Water] City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 5 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 2.4. The Conceptual Design Package shall include the following: • 1 Cover Sheet [Water] Graphic exhibits and written summary of alternative design concepts considered, strengths and weaknesses of each, and the rationale for selecting the recommended design concept. [Water] • Proposed phasing of any water, sanitary sewer, and pavement work that is included in this project documented in both the project schedule and narrative form. [Water] Existing typical sections of the roadway to be constructed for streets designated as limited paving scope. Proposed typical sections which outline the proposed improvements for streets designated full paving scope. Typical sections shall include existing and proposed ROW, existing and proposed lane widths and direction arrows, existing and proposed curbs, sidewalks, and retaining walls. It is assumed that the proposed roadway section will be POL or MOL depending on the geotechnical report provided by the City or as directed by the City. [TPW] Conceptual plan and profile sheets showing existing and proposed horizontal roadway alignments, existing and proposed ROW, existing and proposed sidewalks and driveways, proposed lane dimensions and lane arrows, existing drainage structures, city-owned and franchise utilities as determined by dig-tess, and existing roadway vertical alignments (profiles). Since the street pavement is not being fully replaced, the ENGINEER will attempt to match the existing pavement elevation. The ENGINEER will attempt to not change the existing roadway drainage pattern. If the existing street has no curbs, super elevated typical sections may be considered to allow drainage to flow across the street. [TPW] Conceptual plan view of pipe replacement plus removal pipe plan at 7 locations. [STRMWTR] Estimates of probable construction cost. Estimates should be done by street. [Water/TPW] Documentation of key design decisions. [Water] ASSUMPTIONS 0 Geotechnical borings are included in this scope. Pavement cores will be provided by in-house City crews. • 2 half size copy 11"x17" copies of the conceptual design package (30% design)will be delivered. • PDF files created from design CAD drawings will be uploaded to the designated project folder in the City's document management system (BIM 360). • ENGINEER shall prepare the meeting minutes of the Concept Review meeting and revise the report, if needed. ENGINEER shall not proceed with Preliminary Design activities without obtaining written approval by the CITY of the Conceptual Design Package. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 6 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 DELIVERABLES A. Conceptual Design Package B. Estimates of probable construction cost. TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Development of Preliminary Design Drawings and Specifications shall include the following: • Cover Sheet [Water] • A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument#8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). [Water] • Overall project easement layout sheet(s) with property owner information. [Water] • Overall project water and/or sanitary sewer layout sheets. The water layout sheet shall identify the proposed water main improvement/ existing water mains in the vicinity and all water appurtenances along with pressure plane boundaries, water tanks, pump stations, valves, and fire hydrants. The sewer layout sheet shall identify the proposed sewer main improvement/existing sewer mains and all sewer appurtenances in the vicinity. [Water] • Overall water and/or sanitary sewer abandonment sheet. [Water] • Updated existing and proposed typical section sheets. [TPW] • Update plan view of pipe replacement plus removal pipe plan at 7 locations. [STRMWTR] • Updated roadway plan and profile sheets displaying station and coordinate data for all horizontal alignment P.C.'s, P.T.'s, P.I.'s; station and elevation data of all vertical profile P.C.'s, P.T.'s, P.I.'s, low points, and high points; lengths of vertical curves, grades, K values, e, and vertical clearances where required. [TPW] • Preliminary roadway details to include curbs, curb expansion joints, driveways, sidewalks, and pavement details. It is assumed that the proposed roadway section will be POL or MOL depending on the geotechnical report provided by the City or as directed by the City. ENGINEER will provide any necessary details not provided in city standard details. [TPW] City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 7 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 • DFiy s bens. will he r •Feld feF stye listed in the sr.9pe definition v�i-reW�F-6FAS$�eG re�virca—rvr—.m ce�S--Baca. fOF 7Vr'all dFivewaysaihre nosed dFiveway sl(pe-.sh9virr The limits of the driveway replacement should be shown in plan view on the paving plan and profile sheets. Streets net selented to innli side nFeee sentienei shall assume driveway replacement to the ROW line on the plan and profile sheets. [TPW] • Preliminary signing and pavement marking notes, if applicable. [TPW] • Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, valves, mainline fittings, etc., in the same coordinate system as the Control Points. [Water] • Benchmarks per 1,000 ft of plan/profile sheet—two or more. [Water] • Bearings given on all proposed centerlines, or baselines. [Water] • Station equations relating utilities to paving, when appropriate. [Water] • Plan and profile sheets which show the following: proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants,water service lines and meter boxes, gate valves, isolation valves, manholes, existing meter numbers and sizes that are to be replaced, existing sample locations, existing fire line locations, existing utilities and utility easements, and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. [Water] • The ENGINEER shall make provisions for reconnecting all identifiable water and/or wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within City right-of-way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. [Water] • The following shall be applicable at all locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or realignment of the existing public sanitary sewer lateral or main: The CITY shall furnish the ENGINEER with a sample format of how the sewer service line reroute/relocation should be designed and submitted for construction. During design survey, if a rod can be inserted through the cleanout to the bottom of the service line, the ENGINEER will obtain the flow line elevation and design the service line prior to advertising the project for bid. If the service flow line information cannot be obtained during design survey, the ENGINEER shall delay the design of the sewer service line until after a Quality Level A Subsurface Utility Engineering (SUE investigation has been performed). The Level A SUE will be performed; (1) by the ENGINEER if included in the fee proposal; or(2)by the CITY prior to bidding if the CITY determines that it is needed for satisfactory completion of the design; or (3) by the Contractor after the project has been bid, by means of a bid item to that effect. In all options, the ENGINEER shall propose appropriate de-hole locations in the project and collect flow line elevation and other applicable information of the sewer service line. The ENGINEER shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. [Water] City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 8 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 • Provide map showing location of new manhole construction at the end of existing sewer segments, 90-degree bends,or tee connections. Site survey or specific design plans for manhole construction is not included as part of the scope. The contract documents shall specify that it is the Contractor's responsibility to coordinate utility location, etc. manhole construction. [Water] • The ENGINEER will prepare standard and special detail sheets for water line installation and sewer rehabilitation or replacement that are not already included in the D-section of the CITY's specifications. These may include connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. [Water] 3.2. Constructability Review • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. [Water/TPW] 3.3. Public Meeting • After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location, prepare and mail the invitation letters to the affected customers. The ENGINEER needs to coordinate with the City's project manager to format the mailing list of all affected property owners accordingly. [Water/TPW] 3.4. Utility Clearance • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future)that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. Where conflicts cannot be avoided, coordination of Utility Conflicts will be identified at the Conceptual phase and begin at the Preliminary Design phase. [Water] • In the case of a public utility conflict, the ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. [Water] • In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for coordination at each design milestone. The ENGINEER may need to coordination directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. [TPW] • The ENGINEER shall upload individual PDF files for each plan sheet of the approved preliminary plan set to the designated project folder in the City's document management City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 9 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 system (BIM 360) for forwarding to all utility companies which have facilities within the limits of the project. [Water/TPW] • The Engineer shall visit the site during utility relocation to verify the location of re- located facilities is acceptable and report any discrepancies found. Survey verification is not included. [Water/TPW] 3.5. Traffic Control Plan • Develop a traffic control plan utilizing standard traffic reroute configurations posted as "Typicals" on the CITY's Project Resources website. The typicals need not be sealed individually, if included in the sealed contract documents. [Water] • Develop s pplemen4n1 4rnffin G91*91 drawings as needed fer review and appFgya � the Traffi of the TranspeFtatien and P blin \A/Grlin DepaFtmTent. T [dFawings shall be sealed by a pFefesslonal stered On the State of Texas. W "Y 3.6. Estimates of probable construction cost. Estimates should be done by sheet. [Water/TPW] 3.7. Documentation of key design decisions. [Water] ASSUMPTIONS • No sanitary sewer main, lateral or service line replacement or rehabilitation design is included in the project scope of work • 1 public meeting(s) will be conducted or attended during the preliminary design phase. • 2 Utility verification site visits(s)will be conducted during the project. • Traffic Control "Typicals" will be utilized to the extent possible. It is assumed an additional 2 project specific traffic control sheets will be developed. • 1 sets of 11 x1 7 size plans will be delivered for the Constructability Review. • 2 sets of 11x17 size plans will be delivered for the Preliminary Design (60% design). • 2 sets of specifications will be delivered for the Preliminary Design (60% design). • PDF files created from design CAD drawings will be uploaded to the designated project folder in the City's document management system (BIM 360). • All submitted documents and checklists will be uploaded to the designated project folder in the City's document management system (BIM 360). • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 10 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 DELIVERABLES A. Preliminary Design drawings and specifications B. Utility Clearance drawings C. Traffic Control Plan D. iSWM Construction Plan and iSWM Checklist (TPW Only) E. Estimates of probable construction cost F. Data Base listing names and addresses of residents and businesses affected by the project. G. Public Meeting Exhibits TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: 4.1. For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP)with appropriate regulatory agencies. The Engineer will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction which will be incorporated into the SWPPP by the contractor. [TPW] 4.2. Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. [Water/TPW] 4.3. Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Construction Documents (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. [Water/TPW/STRMWTR] 4.4. The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items, as applicable. [Water/TPW/STRMWTR] 4.5. Documentation of key design decisions. [Water] ASSUMPTIONS 2 sets of 11 x1 7 size drawings and 1 set of_24x36 size drawings and 1 set of specifications will be delivered for the 90% Design package. • A PDF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in the City's document management system (BIM 360). 10 sets of 11x17 size drawings and 2 set of specifications will be delivered for the 100% Design package. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 11 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 • A PDF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in the City's document management system (BIM 360). • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in the City's document management system (BIM 360). DELVERABLES A. 90% construction plans and specifications. B. 100% construction plans and specifications. C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. The paving quantities and estimate should be street by street. D. Original cover mylar for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto the City's document management system (BIM 360) for access to potential bidders, sell contract documents and maintain a plan holder list. [Water] • Contract documents shall be uploaded in a .xIs file. • Unit Price Proposal documents are to be created utilizing city's unit price tool only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to the City's document management system (BIM 360) in two formats, .pdf and Awf files. The .pdf will consist of one file of the entire plan set. The Awf will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER shall sell contract documents and maintain a plan holders list on the City's document management system (BIM 360) from documents sold and from Contractor's uploaded Plan Holder Registrations in the City's document management system (BIM 360). • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's the City's document City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 12 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 management system (BIM 360)folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders' questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto the City's document management system (BIM 360) and mail addenda to all plan holders. [Water] • Attend the prebid conference in support of the CITY. [Water/TPW] • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. [Water] • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. [Water] • Attend the bid opening in support of the CITY. [Water/TPW] • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet are to be uploaded into the project's Bid Results folder on the City's document management system (BIM 360). [Water] Incorporate all addenda into the contract documents and issue conformed sets. [Water/TPW] 5.2. Final Design Drawings 1. Final Design Drawings shall be submitted in both Adobe Acrobat PDF format (version 6.0 or higher)format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall be created from the original CAD drawing files and shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example— "W-1956_org47.pdf' where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053—org3.pdf and K-0320—org5.pdf II. Water and Sewer file name example—"X-35667_org36.pdf' where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755—org18.pdf Both PDF and DWF files shall be uploaded to the project's Final Drawing folder in the City's document management system (BIM 360) 2. In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as an individual DWG file with all reference files integrated into the sheet. If the plans City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 13 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 were prepared in DGN format, they shall be converted to DWG prior to uploading. The naming convention to be used for the DWG files shall be as follows: I. TPW files shall use the W number as for PDF and DWF files, but shall include the sheet number in the name—"W-1956—SHT01.dwg", "W-1956—SHT02.dwg", etc. II. Water and Sewer file names shall use the X number as for PDF and DWF files, but shall include the sheet number in the name—"X-12155_SHT01.dwg", "X-12755—SHT02.dwg", etc. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • 3 sets of construction documents will be sold to and made available on the City's document management system (BIM 360)for plan holders and/or given to plan viewing rooms. • 5 sets of 11x17 size and 6 sets of 24x36 size drawings plans and 5 specifications (conformed, if applicable)will be delivered to the CITY. • PDF and DWG files will be uploaded to The City's document management system (BIM 360). DELIVERABLES A. Addenda B. Bid tabulations C. Final iSWM Checklist D. CFW Data Spreadsheet E. Recommendation of award F. Construction documents (conformed, if applicable) TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. [Water] • After the pre-construction conference, the ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. [Water] City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 14 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 • The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. [Water/TPW] Assume three (3) site visits. • The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in the City's document management system (BIM 360). • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, respond to Request for Information (RIF)from the contractor, review change orders, and make recommendations as to the acceptability of the work. • The ENGINEER will meet with the Project Delivery Team and Contractor on-site to review any field changes. • ENGINEER shall obtain from the City's document management system (BIM 360) and review project specific soils and compaction testing information and compare it to the geotechnical bore data collected on the project. The ENGINEER shall, when applicable, also review pipeline rehabilitation installation logs and associated materials that the CITY provides. [Water] • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. [Water/TPW] • The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list 6.2 Record Drawings [Water/TPW] • The ENGINEER shall prepare Record Drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As-Built Survey o Red-Line Markups from Contractor o Red-Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions • The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 15 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 • The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, in Adobe Acrobat PDF format and in DWF format. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original, red-lined drawings shall be returned to the CITY with the digital files. 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). • For information on the proper manner to submit files and to obtain a file number for the project, the ENGINEER should coordinate with the City project manager. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • One (1) Public Meeting is assumed. • 3 RFI's are assumed. • 3 Project site visits are assumed • 3 Change Orders are assumed DELIVERABLES A. Public meeting exhibits B. Response to Contractor's Request for Information C. Review of Change Orders D. Review of shop drawings City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 16 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 E. Final Punch List items F. Record Drawings in digital format TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Right-of-Way Research [Water] • The ENGINEER shall determine rights-of-way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2. Right-of-Way/Easement Preparation and Submittal [Water] • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The ENGINEER shall submit the right-of-way and/or easement documents to CITY PM for real property acquisition • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Project Resources website. 7.3. Temporary Right of Entry Preparation and Submittal [Water] • Prior to construction, the ENGINEER should coordinate with the City project manager to identify all needed Temporary Right of Entries from landowners. • It is assumed that letters will only be required for landowners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Project Resources website. ASSUMPTIONS • Assume one (1) permanent easement and one (1) temporary construction easement per street. • Assume no temporary right-of-entry letters will be necessary. • Right-of-Way research and mapping includes review of property/right-of-way records based on current internet-based Tarrant Appraisal District (TAD) information available at the start of the project and available on-ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 17 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A. Easement exhibits and meets and bounds provided on CITY forms. TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey [Water/TPW] • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: — A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: — The following information about each Control Point; a) Identified (Existing. CITY Monument#8901, PK Nail, 5/8" Iron Rod) b) X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c) Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. — No less than two horizontal benchmarks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. 8.2 SUBSURFACE UTILITY ENGINEERING (WHEN REQUESTED AND AS REQUESTED) (TPW) City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 18 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 ENGINEER will perform Quality Level B (QL-B) SUE utilizing the appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities with the project mains. For this project QL-B shall be limited to gas mains and gas service lines. 8.3. Additional Services [Water& TPW] • ENGINEER will perform engineering and survey services as requested by the City. These services will require prior authorization from the City project manager. ENGINEER will provide proposed street cross sections for proposed concrete pavement streets and when the existing left and right curb profiles differ in elevations. 8.4. Temporary Right of Entry Preparation and Submittal • Prior to entering property, the ENGINEER shall coordinate with the City's project manager to identify, mail and obtain Temporary Right of Entry from landowners (if necessary). • The documentation shall be provided in conformance with the checklists and templates available on the City's document management system resources folder. ASSUMPTIONS • Topographic survey at intersection will include no more than 100 ft. in each direction. • Normal minimal traffic control is included. Traffic control requiring lane closures, traffic detouring, flag persons, police, etc., is considered special traffic control measures and will be considered additional services if required. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows. 9.1. Assumes no Texas Department of Transportation (TxDOT) Permit. Coordination and/or Permit is required for this project. 9.2. Texas Department of Licensing and Regulation (TDLR). This is required for projects with sidewalk construction over$50,000 [TPW] • Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project. • Submit construction documents to the TDLR City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 19 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 • Completing all TDLR forms/applications necessary • Obtain the Notice of Substantial Compliance from the TDLR • Request an inspection from TDLR or a TDLR locally approved Registered Accessibility Specialist no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. • Responding to agency comments and requests 9.3 Storm Water Pollution Prevention Plan • For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP)with appropriate regulatory agencies. The Engineer will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction which will be incorporated into the SWPPP by the contractor. ASSUMPTIONS • Permit preparation will begin after approval of the Conceptual Design. • Assumes no TxDOT permit is required for this Project. • All costs associated with TDLR plan review and inspections are to be paid by the ENGINEER during the course of the project. • Engineer is responsible for providing plans that are in compliance with TDLR requirements. DELIVERABLES A. Provide TDLR plan reviews and make required changes. • Provide for timely inspection by a Registered Accessibility Specialist prior to the construction final inspection. • Copies of Permit Applications TASK 10. PLAN SUBMITTAL CHECKLISTS Engineer shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHECKLIST REQUIREMENTS Traffic Traffic Traffic Traffic Street Water Traffic Control Control Control Storm Storm Lights /SeweF 30% 60/0 90/o Attachment"A" Signal Engineering Type (Submit All Water Water (Submit (Submit @ 30%) 30% 60% All @ All @ (@ fi0%)I I 30% 60%) Required for all work in City ROW City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 20 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 Street X X X X X. X X X X Storm Water X X X X X Water/SewA X *If included in street project ASSUMPTIONS DELIVERABLES TASK 11. QUALITY CONTROL/QUALITY ASSURANCE ENGINEER to provide to the City a Quality Control/Quality Assurance Plan (QC/QA Plan) outlining the ENGINEER's method of ensuring the highest levels of design and accuracy are incorporated into the calculations, plans, specifications, and estimates. ENGINEER is responsible for and shall coordinate all sub consultant activity to include quality and consistency of plans. If, at any time, during the course of reviewing a submittal of any item it becomes apparent to the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may cease its review and return the submittal to the ENGINEER immediately for appropriate action. A submittal returned to the ENGINEER for this reason may be rejected by the CITY Project Manager. 11.1. QC/QA of Survey and SUE Data • The ENGINEER's Surveyor shall perform Quality Control/Quality Assurance on all procedures, field surveys, data, and products prior to delivery to the CITY. The CITY may also require the ENGINEER's Surveyor to perform a Quality Assurance review of the survey and/or subsurface utility engineering (SUE)work performed by other surveyors and SUE providers. • ENGINEER's Surveyor shall certify in writing via a letter that the survey information provided has undergone a Quality Control/Quality Assurance process. • ENGINEER's Subsurface Utility Engineering provider shall certify in writing via a letter that the SUE information provided has undergone a Quality Control/Quality Assurance process. 11.2. QC/QA of Design Documentation • ENGINEER shall perform a QC/QA review of all documents being submitted for review at all stages of the design including the 30%, 60%, and 90% and Final Document design review submittals. QA should be performed by an individual within the firm who is not on the design team. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 21 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 • ENGINEER is to acknowledge that each item on the Detailed Checklist has been included by checking "done" on the checklist. If a particular checklist item is not applicable, this should be indicated by checking "N/A". If an entire checklist is not applicable, this should be indicated by checking every item on the list as "N/A" and still included with the submittal. The ENGINEER shall use the Detailed Checklist provided by CITY. • A Comment Resolution Log must be used to document conflicting comments between reviewers and to highlight comments made by the CITY that the ENGINEER is not incorporating into the design documents along with the associated explanation. The ENGINEER shall use the Comment Resolution Log provided by CITY. • The documentation of a QC/QA review includes (1) a copy of the color-coded, original marked-up document (or"check print") developed during the QA checking process and/or review forms which sequentially list documents and associated comments; and (2) a QC sign-off sheet with signatures of the personnel involved in the checking process. Mark- ups may also be documented using the Comment Resolution Log. • Evidence of the QC/QA review will be required to accompany all submittals. Documentation shall include, but is not limited to, the following items: — PDF of the completed Detailed Checklists — PDF of the QC/QA check print of the calculations, plans, specifications, and estimates demonstrating that a review has been undertaken; — PDF of previous review comments (if any) and the ENGINERR's responses to those comments in the Comment Resolution Log. • If any of the above information is missing, is incomplete or if any comments are not adequately addressed; the CITY may contact the ENGINEER and request the missing information. If the ENGINEER does not respond to the request within 24 hours, the CITY shall reject the submittal. No additional time will be granted for a returned submittal. • If the ENGINEER has not adequately addressed the comments, the submittal shall be rejected and returned to the ENGINEER immediately to address the issues. ASSUMPTIONS • All submittals to the City will be Quality checked prior to submission. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICE Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 22 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO.:104243 • Negotiation of easements or property acquisition including temporary right-of-entries. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services related to submitting for permits not already included above (ie.TRA, railroad, etc...) • Services related to Survey Construction Staking • Services related to acquiring real property including but not limited to easements, right-of- way, and/or temporary right-of-entries. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 23 of 23 ATTACHMENT B COMPENSATION Design Services for 2022 Bond Year 2 Contract 10 City Project No. 104243 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $406,090.00 as summarized in Exhibit B-1 — Engineer Invoice and Section IV— Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department and Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant DEC North Texas, LLC Roadway &Water lines $349,633.50 86.1% Proposed MBE/SBE Sub-Consultants Nathan D. Maier Survey services $46,506.50 11.5% Consultants Rios Group SUE services $9,950.00 2.5% Non-MBE/SBE Consultants TOTAL $ 406,090.00 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE 104243—2022 Bond Year 2 $ 406,090.00 $ 56,456.50 13.9 % Contract 10 City MBE/SBE Goal = 13% Consultant Committed Goal = 13.9 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 3 B-3 cl .E ■ § 2 k / 2 � c to . { � . _ @ | � � � CL ■ � � � — 2 E E ° § SEE cn § d �o � g � � � � � k ) G EIaR � m . , . � � � ! j � / & § oeJ- ® a to � ■ - o ik 2 ! 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C. �) ,. ! !�K , | - ) |2k\ !/k k ; \( 277 ||| !�| !f! �|E ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for 2022 BOND YEAR 2 CONTRACT 10 City Project No. 104243 NO CHANGES TO STANDARD AGREEMENT City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 e N a o0 E v u ^ O so o+ 0 O n y m `a o m N � u w V M N�N N m � ry C4 C4 orn a E E o E E � ' > > O N N ry ry M M M m m M m M ❑ N N M N N ry M M N M ry m m\ ry ry N ry ry N N ry \ \ N N N M M M M \ N N \ N \ N M N \ \ \ \ \ N IN N N N N I� \ \ m M Ol \ .4 \ ry \ O, ,O O \ \ \ \ ry 00 00 N N ,"I O �••� O \ 00 ,••I ei N ei ei N N N \ \ N .••i M a a O a \ N N \ \ \ N \ N a ti \ \ \ \ \ \ \ �..� N ry \ \ \ N N ,••I N M \ \ M M N \ w \ \ \ ^ ^ O 00 00 N N N e•I ei M N N \ \ \ \ m m •'I _ 7 ••I O O O O! ei ei N N M M CO 0/ 0/ N M y 0/ y 0/ 0/ 0/ 0/ 0/ O 0/ 0/ C = .� Cc L L 7 •_ •_ •_ •_ •_ •_ Cc 3 3 •_ 3 3 3 3 L N N ry N M M M M M M M M M M M N N N M M M M N N N M N M N N N N N ry ry \ N N 01 ry M \ \ \ N N ry ry \ \ \ N \ N \ \ M M \ ei ei rl eY IA \ \ ,••I \ N I, M n \ \ \ \ N m V \ ei \ O, O, N N ,D N N N N \ ,�•I eWi N \ \ \ \ fwV fwV \ \ \ \ \ fOV \ \ \ \ \ ei ei �••� �••� N \ \ �••� �••� N ry m M \ \ ,••I ry M M ,O \ B. 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'E 10`o u_ V` O u cu a 00 ^ o. 3 E w u L v u a 3 v E w 3 _ v _ d m E Y V M E b 3 x ' u a, Y v o w o w o o o £ v o o a >u c v c v ❑ v N N Z b0 � Q W _ cc ❑ IA d ❑ IA H K U d U U V, U y D_ ❑ U Vf H K D_ U D_ C m Vf d C N O N u M IL 0 T i H O O L \ ❑ 2 n On ❑ O .••i ry M 1I1 l0 I� oo O, O .••i ry m r M 1D I' 00 Z L m C — ei N M V IA 10 I� 00 O, rl ei ei ei ei ei ei ei ei M N N N N N N N N N r N O On Z NO N M V V, w r 00 V, l0 r O, N N N N �;z N N N N C C N V ❑ LL m ❑ e N a o0 E v O\f� o T H � � � R 0 N a � o Ln a o E E ry M M M M N N N N a 1!1 If1 If1 ❑ \ ry ry ry ry \ \ N N \ ry ry N Ln N LA O \ \ \ \ N Y1 N VI \ N Ifl Ifl m .ti a m m .•i N O O N IA O pp N \ N 00 \ N N m \ M �•i ry ry \ \ N N \ rl ry \ \ Ir \ \ N \ \ \ pp \ \ \ \ O O \ \ rl \ \ m 00 N m m N o o m N .o m m m m .ti .ti M M .ti N M c 0\0 l\O W c W O\1 O\1 C y 3 3 3 3 3 7 7 3 3 O ,� ._ ._ O w m ._ O C L L L L L L i L L L L cC c LL LL LL 2 M M M M m M M M N N ry ry N ry ry e N N M N M N N N N N Q \ \ \ \ \ \ \ M N \ N \ \ \ \ \ N M M M O N \ m \ M N N n Q' \ N N N M �"� �•i N N m N N N N �O \ \ \ \ \ \ \ \ \ \ \ rl ei \ N �O m m \ \ m \ 0 0 0 0 O O m m O m ~ ~ ~ ~ ~ N cO cO CO CO cO CO CO CO r P. in H H ii LL H LL ii IL IL lL LL LL C C C C C C C lL C E y E- n 10 T N o T N 10 'O 'O o o M 10 10 T N 10 10 10 T T - - o N o 10 o o w N o o W w 'O D o 'O o N 10 O O O o 0 0 10 m O O m 1D 'n o O N 0 0 o ❑ ei ei ei ei O �•i ei M M N �D N If1 m 1!1 M N .•i .ti O .•i - W o 00 3 v y E ° o o w a c u m Ti O W - o C J 1`0 C ik 1O c C U U O9 C aF au' c cu c m C y u E x o m E g Y w y a E a m o c w m w ` •� a o u o m - - '- m w uupp Q c LL Y m m `y o c Q a` c LL ao o y o r LL u o °' c w v e 3 v' u o m m v v u o u O m t c `o n ^ m Y p u e m w = ❑ m m V M E w o m a c v ` m 1O 3 o x o > m c d w c w c {A N N LL' U C ❑ ¢ w lL W a Y .� H ¢ U W m K W O K lL ❑ lL C Z N ¢ o y c m o ¢ u Y ❑ Z x u . ❑ m o m v m N m m o m Q of w it m m Z t N Q Vf l0 r 00 m o N M Q l0 r 00 O1 'n N Q Q Q Q Q Q Q Q Q Q C C V ❑ LL m ❑ ATTACHMENT E 2022 BOND YEAR 2 CONTRACT 10 CITY PROJECT NO. 104243 N. HOUSTON STREET, LINCOLN AVE., & NW 15 ST. Jc Zk F }, '�y•'.� ,-�'� 4.. :' 7s'•3k .F. i -79 r• -- � 9 rst *. N. HOUSTON Sl' r - it -s. -� +•s;i {. �° .:' IL v FFF}' op s Wit- '� f w J �r'11 S� �� wA >�!:�f.✓-' °! �. � t�M `�r +{;4 �a�� s kr�' �" � ��� '� � .r � �i',�a. o e}' s '� �« ��" �±� '�• "' ` x�'l�' �r1 �`r y �y.xi'�f, n�,� i r�'-fine 'F."a"`" '�� "�' v"n ,�•• ?' ���. . }' PROJECT q LOCATION a_o N HOUSTON ST. , L I NCOLN AVE. AND NW 15TH ST. `P CITY PROJECT NO. 104243 MAPSCO 62F, K,P .'•r"` - For[Wnnh _ FORT WORTH, ENGINEERING 1) E EXCEL LENCE 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 rightsof defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents,officers, directors and employees for recovery of damages to the extent these damages are covered bythe commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos,when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non-owned autos is acceptable. Insured waives all rights against City and its agents,officers,directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 C. Workers' Compensation— Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents,officers,directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims-made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed,whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution.Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services.Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self-funded or CFW Standard Insurance Pequirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10)days'notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self-insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first-dollar basis. City, at its sole discretion,may 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 coincidentwith or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 AGENCY CUSTOMER ID: DECORPO-01 LOC#: AC"J?" ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Arthur J.Gallagher Risk Management Services, Inc. DE Corp. P O Box 22292 POLICY NUMBER Houston,TX 77227-2292 CARRIER TAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Dannenbaum,W.P.Moore&Terra Nova,Joint Venture(fka Dannenbaum Dodson&Terra Nova JV)DECTEC LLC Engineering Holding Corporation ICE& Dannenbaum JV JB Dannenbaum Consulting Engineers Munoz&Dannenbaum JV DEC-Houston, LLC DEC-San Antonio, LLC DEC-South Texas, LLC DEC -North Texas, LLC DEC-El Paso, LLC DEC-Texas, LLC DEC-Central Texas, LLC DEC-Rio Grande Valley, LLC The General Liability and Auto policies include a Blanket additional insured endorsement that provides additional insured status when there is a written contract, agreement or permit between the named insured and the certificate holder that requires such status. The General Liability,Auto and Workers Compensation policies include a Blanket waiver of subrogation endorsement when there is a written contract, agreement or permit between the named insured and the certificate holder that requires such status. The General Liability is primary and non-contributory to other insurance when required by written contract. The Umbrella liability policy is follow form as respects the additional insured and waiver of subrogation provisions of the underlying policies.Professional liability coverage is excluded from the umbrella policy. The General Liability,Auto and Workers Compensation policies include a Blanket 30 Day Notice of Cancellation except 10 Days for Non Payment of Premium per policy terms and conditions. RE:CPN#104243—2022 Bond Year 2 Contract 10 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACP GLAO 30200114071 COMMERCIAL AUTO AC 70 06 03 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PROTECTION - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGES A. Effect of This Endorsement B. Newly Acquired of Formed Entities C. Employees as insureds—Nonowned Autos D. Additional Insured by Contract, Permit or Agreement E. Supplementary Payments—Bail Bonds F. Supplementary Payments—Loss of Earnings G_ Personal Effects and Property of Others Extension H. Prejudgment Interest Coverage I. Fellow Employees J. Hirl3d Auto Physical Damage K. Temporary Substitute Autos— Physical Damage Coverage L. Expanded Towing Coverage M. Auto Loan or Lease Coverage N. Original Equipment Manufacturer Parks— Leased Private Passenger Types O. Deductible Amendments P. Expanded Transportation Expense Q. Extra Expense—Stolen Autos R. Physical Damage Limit of Insurance S. New Vehicle Replacement Cost T. Physical Damage Coverage Extensions U_ Business Income and Extra Expense Coverage V. Transfer of Rights Of Recovery Against Others To Us W. Section IV—Business Auto Conditions--Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory Y. Emergency Lockout Z. Cancellation Condition AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc.. Page 1 of 7 with its permission ACP GLAO 30200114071 COMMERCIAL AUTO AC 70 06 03 16 A. EFFECT OF THIS ENDORSEMENT If specifically required by the written contract or Coverage provided under this policy is modified agreement referenced in the paragraph above, by the provisions of this endorsement. If there any coverage provided by this endorsement to is any conflict between the provisions of this an additional insured shall be primary and endorsement and the provision(s) of any state- any other valid and collectible insurance avail- specific endorsement also attached to this poli- able to the additional insured shall he non- cy, then the provision(s) of the state-specific contributory with this insurance_ If the written endorsement shall apply instead of the provi- contract does not require this coverage to be sions of this endorsement that are in conflict, primary and the additional insured's coverage to but only to the extent of the conflict, and only to be non-contributory, then this insurance will be the extent necessary to bring such provisions excess over any other valid and collectible insur- into conformance with the state requirement(s) ante available to the additional insured. contained in the provision(s) of the state-specific E. SUPPLEMENTARY PAYMENTS -- BAIL endorsement. BONDS B. NEWLY ACQUIRED OR FORMED ENTITIES Supplementary Payments of SECTION II — COVERED AUTOS LIABILITY COVERAGE is The Named Insured Shown in the Declarations is revised as follows: amended to include any organization you newly acquire or form, other than a partnership, joint (2) Up to$3,000 for cost of bail bonds(including venture, or limited liability company, and over bonds for related traffic law violations) re- which you maintain ownership or majority (more quired because of an "accident' we cover. than 50%) interest: if there is no other similar in- We do not have to furnish these bonds. surance available to that organization. Coverage F. SUPPLEMENTARY PAYMENTS — LOSS OF under this provision is afforded until the 180th EARNINGS day after you acquire or form the organization or Supplementary Payments of SECTION II — the end of the policy period, whichever is later_ COVERED AUTOS LIABILITY COVERAGE is C. EMPLOYEES AS INSUREDS — NONOWNE❑ revised as follows: AUTOS (4) All reasonable expenses incurred by the "in- The following) is added to paragraph A_1. Who Is sured" at our request, including actual loss An Insured of SECTION II —COVERED AUTOS of earnings sap to. $1,(WQ.a day because of LIABILITY COVERAGE: time Off from work_ d. Any "employee" of yours is an "insured" G. PERSONAL EFFECTS AND PROPERTY OF while using a covered "auto" you don't own, OTHERS EXTENSION hire or borrow in your business or your per- 1. The Care, Custody or Control Exclusion of sonal affairs. SECTION II -- COVERED AUTOS LIABILITY D. ADDITIONAL INSURED BY CONTRACT, COVERAGE, does not apply to "property dam- PERMIT OR AGREEMENT age" to property, other than your property, up to The following is added to A.1. Who Is An In- an amount not exceeding $500 in any one "acci- sured of SECTION II — COVERED AUTOS dent". Coverage is excess over any other valid LIABILITY COVERAGE: and collectible insurance. Any person or organization that you are re- 2. The following paragraph is added to A.4, quired to name as an additional insured in a Coverage Extensions of SECTION III - written contract or agreement that is executed PHYSICAL DAMAGE COVERAGE: or signed by you prior to a "bodily injur/' or c. We will pay up to $1,000 for your prop- "property damage" occurrence is an "insured" erly that is lost or damaged as a result for Covered Auto Liability coverage. Now- of a covered "loss", without applying a over, with respect to covered "autos", such deductible. Coverage is excess over person or organization is an insured only to any other valid and collectible insur- the extent that person or organization qualifies ance. as an "insured" under A.1. Who is an Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. AC 70 06 03 16 with its permission ACP GLAO 30200114071 COMMERCIAL AUTO AC 70 06 03 16 H. PREJUDGMENT INTEREST COVERAGE e. Destruction The following paragraph is added to SECTION 11 The coverage that applies is the same as — COVERED AUTOS LIABILITY COVERAGE, the coverage provided for the vehicle being 2. Coverage Extensions, a. Supplementary replaced. Payments: L_ EXPANDED TOWING COVERAGE (7) Prejudgment interest awarded against the 1. We will pay up to: "insured" on that part of the judgment we $150 for a covered "auto" you own of pay_ If we make an offer to pay the appli- the private passenger type, or cable limit of insurance, we will not pay b. $750 for a covered "auto" you own that any prejudgment interest based on that is not of the private passenger type, period of tune #ter the offer. I. FELLOW EMPLOYEE for towing and labor costs incurred each time the covered "auto" is disabled- Howev- The Fellow Employee Exclusion of SECTION II - or, the labor must be performed at the place COVERED AUTOS LIABILITY COVERAGE, of disablement. does not apply if the "bodily Injury" results from 2. This coverage applies only for an "auto" the use of a covered "auto" you own or hire. covered on this policy for Comprehensive or The insurance provided under this provision is Specified Causes of Loss Coverage and excess over any other collectible insurance. Collision Coverages. J. HIRED AUTO PHYSICAL DAMAGE 3. Payment applies in addition to the otherwise If covered "auto" designation symbols 1 or 8 ap- applicable amount of each coverage you ply to Liability Coverage and if at least one "au- Have on a covered "auto'_ to" you awn is covered by this policy for Com- M. AUTO LOAN OR LEASE COVERAGE prehensive, Specified Causes of Loss, or Coll lion coverages, then the Physical Damage f• In the event of a total "lass" to a covered coverages provided are extended to "autos" you "auto", we will pay any unpaid amount due lease, hire, rent or borrow without a driver; and an the loan or lease, including up to a max- lease, in the Business Auto Coverage Form imum of $50d for early termination fees or applicable to Hired Auto Physical Damage apply penalties, for your covered "auto" less: up to a limit of $125,000. The deductible will be a_ The amount paid under SECTION III — equal to the largest deductible applicable to any PHYSICAL DAMAGE COVERAGE of owned "auto' for that coverage. Any Compre- this policy; and hensive deductible does not apply to fire or b. Any. lightning_ 1) Overdue lease/loan payments at the K. TEMPORARY SUBSTITUTE AUTOS — time of the "inss"; PHYSICAL DAMAGE COVERAGE 2) Financial penalties imposed under a The fallowing is added to paragraph C. Certain lease for excessive use, abnormal Trailers, Mobile Equipment And Temporary wear and tear or high'mileetfb; Substitute Autos of SECTION I — COVERED 3) Security deposits not refunded by a AUTOS: lessor: If Physical Damage Coverage is provided by 4) Costs of extended warranties, Credit, this Coverage Form, the following types of Life insurance, Health Accident' or vehicles are also covered "autos" for Physi- cal Damage Coverage: Disability insurance purchased with: the lease; and Any "auto" you do not own while used with -)- Ci{�oveq balance=a from previous the permission of its owner as a temporary I„ sus substitute for a covered "auto" you own that is out of service because of its: 2• This coverage only applies to a "lass" which Com- a. Breakdown; is also covered under this policy for Com- prehensive, Specified Causes of Loss, or b. Repair; Collision coverage. c. Servicing; d. "Loss"; or AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 7 with its permission ACP GLAO 30200114071 COMMERCIAL AUTO AC 70 06 03 16 3. Coverage does not apply to any unpaid curred by you because of the total theft of a amount due on a loan for which the covered covered "auto"of the private passenger type. "auto' is not the sole collateral. We will only pay for those covered "autos" for N. ORIGINAL EQUIPMENT MANUFACTURER which you Garry Comprehensive or Specified PARTS - LEASED PRIVATE PASSENGER Causes of Loss Coverage. We will pay for tem- TYPES porary transportation expenses incurred during Under Paragraph C. Limft of Insurance of the period beginning 24 hours after the theft and SECTION III - PHYSICAL DAMAGE ending, regardless of the policy's expiration, COVERAGE, Section 4 is added as follows: when the covered "auto" is returned to use or we 4. We will use new original equipment vehicle pay for iYs'loss'. manufacturer parts for any private passen- Q. EXTRA EXPENSE- STOLEN AUTOS ger type covered "auto" where required by The following paragraph is added to Section A.4. the lease agreement which has a term of at of SECTION III - PHYSICAL DAMAGE least six months. If a new original equip- COVERAGE: ment vehicle manufacturer part is not in pro- c. We will pay for up to $5,000 for the expense duction or distribution we may use a like, of returning a stolen covered "auto" to you. kind and quality replacement part. We will pay only for those covered "autos" O. DEDUCTIBLE AMENDMENTS for which you carry Comprehensive or Spec- The following are added to the Deductible provi- ified Causes of Loss Coverage. sion of SECTION III - PHYSICAL DAMAGE R. PHYSICAL DAMAGE LIMIT OF INSURANCE COVERAGE: Under SECTION III - PHYSICAL DAMAGE If another policy or coverage form that is not an COVERAGE, Paragraph C_, Limit of Insurance automobile policy or coverage form issued by is replaced by the following: this company applies to the same"accident", the C. Limit Of Insurance following applies: 1. The most we will pay for "loss" in any one 1. if the deductible under this coverage is the "accident" is the lesser of: smaller (or smallest) deductible, it will be a. The actual cash value of the damaged waived: or stolen property as of the time of the 2. If the deductible under this coverage is not "loss", or the smaller(or smallest) deductible, it will be b. The cost of repairing or replacing the reduced by the amount of the smaller (or smallest)deductible. damaged or stolen property. If a Comprehensive or Specified Causes of Lass 2. $2000 is the most we will pay for "loss" in Coverage "loss" from one "accident" involves any one "accident" to all electronic equip- two or more covered "autos", only the highest ment that reproduces, receives or transmits deductible applicable to those coverages will be audio, visual or data signals which, at the Time of applied to the "accident," if the cause of the loss loss", is: is covered for those vehicles_ This provision only a. Permanently installed in or upon the applies if you carry Comprehensive or Specified covered "auto" in a housing, opening or Causes of Loss Coverage for those vehicles, other location that is not normally used and does not extend coverage to any covered by the "auto" manufacturer for the instal- "autos" for which you do not carry such lalion of such equipment. coverage. b. Removable from a permanently installed No deductible applies to glass if the glass is re- housing unit as described in Paragraph paired, in a manner acceptable to us, rather than 2.a. above or is an integral part of that replaced. equipment; or P, EXPANDED TRANSPORTATION EXPENSE c. An integral part of such equipment. Paragraph A.4.a. of SECTION III - PHYSICAL 3. An adjustment for depreciation and physical DAMAGE COVERAGE is replaced by the condition will be matte in determining actual following: cash value in the event of a total "loss". We will pay up to $50 per day to a maAmum of 4, , The cost of repairing or replacing may: $1500 for temporary transportation expense in- Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc AG 70 06 03 16 with its permission. ACP GLAO 30200114071 COMMERCIAL ALTO AC 70 06 03 16 a. Be based on an estimate which includes titled and which you purchased less than parts furnished by the original equip- 365 days before the date of the "loss". ment manufacturer or other sources in- cluding non-original equipment-marw, 1 IJA ICAL DAMAGE COVERAGE facturers and EXTENSIONS b. If a repair or replacement results in bet- under SECTION Ili — PHYSICAL DAMAGE ter than like kind or quality, we will not COVERAGE, A. Coverage, 4. Coverage Exten- pay for the amount of the net improve- meat_ sons, b. Loss of Use Expenses is replaced by 5_ If we offer to pay the actual cash value of the following; the damaged or stolen property, we will b. Loss of Use Expenses value auto advertising wraps, paint customi- For Hired Auto Physical Damage, we will zation, and similar business related advertis- pay expenses for which an "insured" ing modifications, in addition to the actual becomes legally responsible to pay for loss cash value of the property. Auto advertising of use of a vehicle rented or hired without a wraps, paint customization, and similar driver, under a written rental Contract or business related advertising modifications agreement. We will pay for loss of use will be valued at the cost to replace them expenses if caused by.- with an adjustment made for depreciation (1) Other than collision if the Decla- and physicaJL.9�i6tion_ rations indicate that Comprehen- S. NEW VEHICLE REPLACEMENT COST sine Coverage is provided for any The following is added to the Limit of Insurance Covered "auto'; provision of SECTION III — PHYSICAL (2) Specified Causes of Loss only if DAMAGE COVERAGE: the Declarations indicate that 5. The provisions of paragraphs 1.and 3. do Specified Causes of Loss Cover- not apply to a covered "auto" of the private age is provided for any covered passenger type or a vehicle with a gross ve- "auto'; Or hicle weight rating of 20,000 pounds or less (3) Collision only if the Declarations which is a"new vehicle." indicate that Collision Coverage Irr the event of a total "loss"to your"new ve- is provided for any covered hicle" to which this coverage applies, we will "auto." pay at your option: However, the most we will pay for any a. The verifiable "new vehicle" purchase expenses for loss of use is $50 per day, to a price you paid for your damaged vehi- maximum of$1,500. The insurance provided clue, not including any insurance or war- by this provision is excess over any other ranties purchased; collectible insurance. b. If it is available, the purchase price, as U- BUSINESS INCOME AND EXTRA EXPENSE negotiated by us, of a "new vehicle" of COVERAGE the same make, model, and equipment 1. Business Income Coverage or the moet oirnillar mi!40 available, not We will pay the aotual lass of business in- mciuding any furnishings, parts, or come sustained by you as a result of the equipment not installed by the manufac- necessary suspension of your business dur- turer or manufacturers'dealership; or . ing the period of restoration due to "loss" to c. The market value of your damaged ve- a covered "auto" used in your business. The hicle, not including any furnishings, loss must be caused by a cause of loss cov- parts, or equipment not installed by the ered under item Al of Physical Damage manufacturer or manufacturer's dealer- Coverage in this Coverage Part. ship. 2. Extra Expense Coverage We will not pay for initiation or set up costs We will pay the necessary and reasonable associated with loans or leases extra expenses that you incur during the pe- As used in this endorsement, a "new vehi- riod of restoration that you would not have cle" means an "auto" of which you are the incurred had there been no "loss" to a cov- original owner that has not been previously ered "auto" used in your business. The Ira AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of 7 with its permission ACP GLAO 30200114071 COMMERCIAL AUTO AC 70 06 03 16 must be caused by a cause of loss listed (a) The time required to resume under item Al of Physical Damage Cover- your normal business opera- age in this Coverage Part. Extra Expenses tions; or means those expenses you incur to avoid or (b) The time that is reasonably minimize the suspension of business and to necessary to repair or replace continue your business operations. the covered auto with a maxi- 3. Additional Conditions mum time period of 180 days. We will not pay for "loss" or expenses Period of Restoration does not caused by suspension, lapse or Gancellation include any increased period of any license, lease or contract. But if the required due to the enforcement suspension, lapse or cancellation is directly of any ordinance or law that re- quires any insured or others to caused by the suspension of your business, or, clean up, r o mnit e- we will cover such "loss" that affects your move,test for,contain, treat, detoxify re- business income. We will not pay under this or coverage if you do not repair or replace the neutralize or in any way respond covered "auto". You must resume all or part to orassesq tre effects of pollu- of your business as quickly as possible. If tants. The expiration date of this you have other autos you can use to reduce policy will not cut short the peri- the amount of loss payable under this cov- od of restoration. erage, you are required to use them. We will V. TRANSFER OF RIGHTS OF RECOVERY pay for expenses you incur to reduce the AGAINST OTHERS TO US amount that otherwise would have been The following is added to the Transfer Of Rights payable under this coverage. We will not Of Recovery Against Others To Us Condition: pay more than the amount by which you ac- We waive any right of recovery we may tually reduce the business income loss or have against any person or organization to extra expense incurred. the extent required of you by a written con- 4. Limit tract executed prior to any "accident" be- The most we will pay for"loss" arising out of ratise of payments we make for damages one covered "auto" is $10,000 per lass with under this coverage farm. an annual aggregate of $20,000. Payment W. NOTICE OF AND KNOWLEDGE OF applies in addition to the otherwise applica- OCCURRENCE ble amount of each coverage you have on a SECTION IV — BUSINESS AUTO covered "auto". CONDITIONS, Paragraph A is amended as 5. Definitions follows: a. "Business Income" means the: 6. NOTICE OF AND KNOWLEDGE OF 1.). Net income (Net profit or loss before OCCURRENCE income taxes) that would have been earned or incurred if no loss would of Your obligation in the Duties in the Event have occurred; and of Accident, Claim, Suit or Lass Condi- tion relative to notification require- 2.). Continuing normal operating ments applies only when the "accident" expenses incurred, including payroll. or"loss"is known to: b. "Period of Restoration" means the (1) You, if you are an individual; period of time that: (2) A partner, if you are a partnership; 1.). Begins: (3) A member, if you are a limited liability (a) 24 hours after the time of loss nompsny; or for Business Income Coverage: (4) An executive officer or insurance or (b) imrti'ediately after the time of manager, if you are a corporation. loss for Extra Expense b. Your obligation in the. Duties in the Event Coverage; and of Accident, Claim, Suit or Loss Condition relative to providing us with documents 2.) Ends at the earliest of: concerning a claim or "suit" will not be Page 6 of 7 Includes Copyrighted material of Insurance Services Office, Inc. AC 70 06 03 16 with its permission ACP GLAO 30200114071 COMMERCIAL ALTO AC 70 06 03 16 considered breached unless the breach covered "auto' and you are unable to enter occurs after such claim or"suit" is known such"auto" , or to: 2. Your keyless entry device battery dies and (1) You, if you are an Individual; you are unable to enter such "auto" as a (2) A partner, if you are a partnership; result, (3) A member, if you are a limited liability 3. Your key, electronic key or key entry pad company;or has been lost or stolen and you have (4) An executive officer or insurance changed the lock to prevent an unauthorized manager, if you are a corporation. entry; and 4. Original copies of receipts for services of a locksmith must be provided before X. HIRED CAR—COVERAGE TERRITORY reimbursement is payable. Item (5) of the Policy Period, Coverage Territory Z. CANCELLATION CONDITION General Condition is replaced by the fo)lowing: Paragraph A.2. of the COMMON POLICY (5)Anywhere in the world if a covered"auto" CONDITION — CANCELLATION applies except is leased, hired, rented or borrowed without a as follows: driver for a period of 30 days or less',and If we cancel for any reason other than nonpay- Y. EMERGENCY LGCKOUT ment of premium, we will mail or deliver to the We will reimlMrso'yp[f up to M f07 reasonable First Named Insured written notice of cancella- expense incurred for the services of a locksmith tion at least 54 days before the effective date of to gain entry into your covered ``auto" cancellation. This provision does not apply insubject to those states that require more than 60 days prior these provisions: notice of cancellation- 1- Your door key, electronic key or key entry pad has been lost, stolen or locked in your AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 7 of 7 with its permission ACP GLAO 30200114071 COMMERCIAL AUTO AC70070316 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. EFFECT OF THIS ENDORSEMENT The most we will pay for Physical Damage Coverage provided under this policy is modified Coverage for "loss" under this Coverage Ex- by the provisions of this endorsement. If there is tension is $100,000 per "auto", subject to any conflict between the provisions of this the largest deductible applicable to any "au- endorsement and the provision(s) of any state- to"for that Coverage. specific endorsement also attached to this policy, D. AUTOS HIRED OR RENTED BY EMPLOYEES then the provision(s) of the state-specific If hired or rented "autos" are covered "autos" on endorsement shall apply instead of the this policy, the following provisions apply: provisions of this endorsement that are in A. Changes In Covered Autos Liability Coverage conflict, but only to the extent of the conflict, and only to the extent necessary to bring such The following is added to the Who Is An provisions into conformance with the state Insured Provision in SECTION II— requirement(s) contained in the provision(s) of COVERED AUTOS LIABILITY COVERAGE: the state-specific endorsement. An "employee" of yours is an "insured" while B. CHANGES FOR TRAILERS AND operating an "auto" hired or rented under a FARM EQUIPMENT contract or agreement in that "employee's" 1. Under SECTION I - COVERED AUTOS, the name, with your permission, while performing following are added to Paragraph C. Certain duties related to the conduct of your Trailers, Mobile Equipment and Temporary business. Substitute Autos: B. General Conditions 4. "Trailers" designed to be towed by a pri- Paragraph 5.b. of the Other Insurance vate passenger type "auto" or a pickup, Condition in the Business Auto Coverage panel truck or van: if not used for busi- Farm is replaced by the following: ness purposes, other than farming or For Hired Auto Physical Damage Coverage, ranching. the following are deemed to be covered 5. Farm wagons or farm implements while "autos"you own: being towed by a covered "auto". 1. Any covered "auto" you lease, hire, rent C. CHANGES FOR ADDITIONAL or borrow; and NEWLY ACQUIRED VEHICLES 2. Any covered "auto" hired or rented by 1. Paragraph B.2 of SECTION I - COVERED your "employee" under a contract in that AUTOS is replaced by the following: individual "employee's" name, with your 2. If Symbol 7 is entered next to permission, while performing duties coverage in Item Two of the Declara- related to the conduct of your business. tions, an "auto" you acquire will be a However, any "auto' that is leased, hired, covered "auto"for that coverage only if: rented or borrowed with a driver is not a a. We already cover at least one"auto" covered "auto". you own for that coverage or it rep- E. EMERGENCY LOCKOUT -PRIVATE laces an "auto" you previously PASSENGER VEHICLES owned that had that coverage; and Added in SECTION II — COVERED AUTOS b. You tell us within 30 days after you LIABILITY COVERAGE, A.2 Coverage acquire it that you want us to cover Extensions: it for that coverage. AC 70 07 03 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 4 ACP GLAO 30200114071 AC 70 07 03 16 We will reimburse you up to $50 for reasonable Abuse means an act which is committed with expense incurred for the services of a locksmith the intent to cause harm. to gain entry into your covered "auto" of the Explosives private passenger type subject to these provisions: "Bodily injury" or "property damage" caused by the explosion of explosives you make, sell or 1. Your door key or key entry pad has been transport. lost, stolen or locked in your covered "auto" Rolling Stores and you are unable to enter such "auto" , or 2. Your key or key entry pad has been lost or if a covered "auto" is a rolling store, "bodily injury" or "property damage" resulting from the stolen and you have changed the lock to handling, use or condition of any item the prevent an unauthorized entry; and "insured" makes, sells or distributes if the 3. Original copies of receipts for Services of injury or damage occurs after the "insured" has a locksmith must be provided before givers up possession of the item. reimbursement is payable. Wrong Delivery of Liquid Products F. REPLACED EXCLUSIONS "Bodily injury" or "property damage" result- ing In SECTION II —COVERED AUTOS LIABILITY from the delivery of any liquid into the wrong COVERAGE B.1. Expected or Intended Injury is receptacle or to the wrong address, or from the replaced by the following: delivery of one liquid for another, if the "bodily "Bodily injury" or "property damage" which is injury" or "property damage" occurs after the expected or intended by the "insured". This delivery has been completed. exclusion applies even if the resulting "bodily Delivery is considered completed even if further injury"or"property damage": service or maintenance work, or correction, repair or replacement is required be- cause of wrong a. is of a different kind, quality or degree delivery. than initially expected or intended;or Professional Services b. is sustained by a different person, entity, "Bodily injury": real property, or personal property than that initially expected or intended, a. Resulting from the providing or the G. ADDITIONAL EXCLUSIONS failure to provide any medical or other professional services. The following exclusions are added to b. Resulting from food or drink furnished SECTION II — COVERED AUTOS LIABILITY with these services. COVERAGE, B. Exclusions: Damage to Named Insured's Property c. "Bodily injury' or "property damage" Any claim or "suit" for "property damage" by resulting from the handling of corpses. you or on your behalf against any other person H. ACCIDENTAL AIRBAG DISCHARGE or entity that is also a Named Insured under COVERAGE this policy. Under Paragraph B.3.a. of SECTION III — Abuse or Molestation PHYSICAL DAMAGE COVERAGE the following "Bodily injury" or "property damage" arising is added: out of: Mechanical breakdown does not include the a. The actual or threatened abuse or accidental discharge of an airbag. molestation by anyone or any person while I. PHYSICAL DAMAGE LIMIT OF INSURANCE in the care, custody or control of any Linder SECTION III—PHYSICAL DAMAGE "insured", or COVERAGE, Paragraph C., Limit of Insurance b. The negligent: is replaced by the following: 1) Employment; C. Limit Of Insurance 2) Investigation; 1. The most we will pay for "loss" in any one 3) Supervision; "accident" is the lesser of: 4) Reporting to the proper authorities, a. The actual cash value of the damaged or failure to so report;or or stolen property as of the time of the 5) Retention; "loss", or of a person for whom any "insured" is b. The cost of repairing or replacing the or ever was legally responsible and damaged or stolen property. whose conduct would be excluded by Paragraph a. above. Page 2 of 4 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. AC 70 07 03 16 ACP GLAO 30200114071 AC 70 07 03 16 2. $1,000 is the most we will pay for "loss" in 2. Motor Home Contents any one "accident" to all electronic This insurance does not apply to: equipment that reproduces, receives or transmits audio, visual or data signals a. "Loss" to the covered "auto's" which, at the time of"loss", is: contents, except equipment usual to a. Permanently installed in or upon the trucks or private passenger"autos". covered "auto" in a housing, opening b. "Loss" to TV antennas, awnings or or other location that is not normally cabanas. used by the "auto" manufacturer for the c. "Loss" to equipment designed to installation of such equipment. create added living facilities. b. Removable from a permanently installed However, these exclusions do not apply if housing unit as described in Paragraph coverage has been added to the policy 2.a. above or is an integral part of that elsewhere by endorsement. equipment; or L. AMENDED DUTIES IN EVENT OF ACCIDENT, c. An integral part of such equipment. CLAIM, SUIT, OR LOSS 3. An adjustment for depreciation and physical The requirement in Loss Condition 2.a. Duties condition will be made in determining actual In the Event Of Accident, Claim, Suit Or Loss cash value in the event of a total "loss". — of Section IV - BUSINESS AUTO CONDITIONS SECTION 4. The cost of repairing or replacing may: that you must notify us of an "accident", "claim", "suit", or "loss" applies only when the a. Be based on an estimate which "accident", "claim", "suit", or "loss" is known includes parts furnished by the original to : equipment manufacturer or other sources including non-original 1. You, if you are an individual equipment manufacturers and 2. A partner, if you are a partnership; b. If a repair or replacement results in 3. An executive officer or the employee better than like kind or quality, we will designated by you to give such notice not pay for the amount of the net if you are a corporation; or improvement. 4. A member, if you are a limited liability 5. If we offer to pay the actual cash value company. of the damaged or stolen property, we will M. UNINTENTIONAL FAILURE TO DISCLOSE value auto advertising wraps, paint HAZARDS customization, and similar business related Section IV - BUSINESS AUTO CONDITIONS advertising modifications, in addition to SECTION is amended by the addition of the the actual cash value of the property. following: Auto advertising wraps, paint customization, and similar business If you unintentionally fail to disclose any related advertising modifications will be hazards existing at the inception date of valued at the cost to replace them with your policy, we will not deny coverage under an adjustment made for depreciation and this Coverage Form because of such physical condition. failure. However, this provision does not J. GLASS REPAIR—WAIVER OF DEDUCTIBLE affect our right to collect additional premium or exercise our right of cancellation or Under Paragraph D. Deductible of nonrenewal. SECTION III — PHYSICAL DAMAGE N. LIBERALIZATION COVERAGE,the following is added: No deductible applies to glass damage if Paragraph 3 of the General Conditions is the glass is repaired rather than replaced. replaced by the following: K. MOTOR HOME DR RECREATIONAL If we adopt any revision that would broaden VEHICLE CONTENTS NOT COVERED the coverage under this policy without additional premium within fie days prior to or 1. For a covered "auto" that is a motor during the policy period, the broadened home the following exclusions are added coverage will immediately apply to this policy. to the SECTION III — PHYSICAL DAMAGE COVERAGE AC 70 07 03 16 Includes copyrighted material of insurance Services Office,Inc.,with its permission. Page 3 of 4 ACP GLAO 30200114071 AC 70 07 03 16 O. SECTION V — DEFINITIONS of the BUSINESS AUTO COVERAGE FORM is amended as follows: The definition of"bodily injury" is replaced by the following: "Bodily Injury" means bodily injury, sickness or disease sustained by any person, including mental anguish and death resulting from any of these. Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. AC 70 07 03 16 POLICY NUMBER: ACP GLAO 30200114071 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location and Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to required by the contract or agreement to provide include as an additional insured the person(s) or for such additional insured. organization(s) shown in the Schedule, but only B. With respect to the insurance afforded to these with respect to liability for "bodily injury" or additional insureds, the following is added to "property damage" caused, in whole or in part, by Section III—Limits Of Insurance: "your work" at the location designated and If coverage provided to the additional insured is described in the Schedule of this endorsement required by a contract or agreement, the most we performed for that additional insured and will pay on behalf of the additional insured is the included in the "products-completed operations amount of insurance: hazard". However: 1. Required by the contract or agreement;or 1. The insurance afforded to such additional 2. Available under the applicable Limits of insured only applies to the extent permitted Insurance shown in the Declarations; by law; and whichever is less. 2. If coverage provided to the additional insured This endorsement shall not increase the applicable is required by a contract or agreement, the Limits of Insurance shown in the Declarations. insurance afforded to such additional insured will not be broader than that which you are All terms and conditions apply unless modified by this endorsement. CG 20 37 0413 D Insurance Services Office, Inc., 2012 Page 1 of 1 ACP GLAO 30200114071 COMMERCIAL GENERAL LIABILITY CG72121216 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY COVERAGE ENHANCEMENT ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I — COVERAGES, COVERAGE A with permission of the owner. A separate limit of BODILY INJURY AND PROPERTY DAMAGE insurance applies to this coverage as described LIABILITY,2. Exclusions is amended as follows: in Section III- Limits of Insurance. 1. Paragraph (2)(a) of Exclusion g. Aircraft, Auto SECTION I — COVERAGES, SUPPLEMENTARY Or Watercraft is replaced with: PAYMENTS -- COVERAGES A AND B is amended (a) Less than 51 feet long; and as follows: 2. The following is added to Exclusion j. Damage 1• Paragraph 1. b. is replaced with: To Property: b. Up to $2,500 for cost of bail bonds required (a) Paragraphs (3) and (4) does not apply to because of accidents or traffic law violations "property damage" to borrowed equipment arising out of the use of any vehicle to which while not in use, while at the insured's the Bodily Injury Liability Coverage applies. premises or a job site; or We do not have to furnish these bonds. (b) Paragraph (4) does not apply "property 2. Paragraph 1.d. is replaced with: damage" to customers goods while on the d. All reasonable expenses incurred by the insured's premises for the purpose of being insured at our request to assist us in the worked on or used in a manufacturing investigation or defense of the claim or process. "suit", including actual loss of earnings up to Limit of Insurance - The most we will pay for $500 a day because of time off from work. damages for "property damage" coverage SECTION II—WHO IS AN INSURED is amended as provided by this coverage in any one follows: "occurrence" is$10,000. 1. Paragraph 3.a. is replaced with: Deductible - Our obligation to pay for a covered a. Coverage under this provision is afforded loss applies only to the amount of loss in excess only until the 1801h day after you acquire or of $500. We will pay the deductible amount to form the organization or the end of the policy effect settlement of any claim or "suit" and, upon period, whichever is earlier; notification of this action having been taken, you 2. The following is added: shall promptly reimburse us for the deductible as has been paid by us. This insurance is excess 4. Additional Insured — Automatic Status over any other valid and collectible insurance. When Required In An Agreement With 3. The last paragraph of 2. Exclusions is replaced You with: Who Is An Insured includes person(s) or If Damage To Premises Rented To You is not organization(s) described in Paragraphs a.— otherwise excluded, exclusions c. through n. d❑ I. below with whom you have agreed in not apply to damage by fire, lightning, explosion, writing in a contract or agreement that such smoke or sprinkler leakage to premises while person or organization be added as an rented to you or temporarily occupied by you additional insured on your policy. rented to you or temporarily occupied by you a. Co-Owners Of insured Premises — with respect to their liability as co-owner of the premises. CG 72 1212 16 includes copyrighted material of ISO Properties, Inc.,with its Page 1 of 5 permission. ACP GLAO 30200114071 CG72121216 However, their status as additional Structural alterations, new construction, insured under this policy ends when you or demolition operations performed by cease to co-own such premises with or on behalf of the person or that person or organization. organization. b. Controlling Interes#—with respect to However, their status as additional their liability arising out of their financial insured under this policy ends when you control of you; or premises they own, cease to be a tenant of such premises. maintain, or control while you lease or f. Mortgagee, Assignee, or Receiver — occupy these premises. with respect to their liability as This insurance does not apply to mortgagee, assignee, or receiver and structural alterations, new construction arising out of the ownership, and demolition operations performed by maintenance, or use of the premises by or for that person or organization. you. However, their status as additional This insurance does not apply to insured under this policy ends when structural alterations, new constructions, they cease to have such controlling and demolition operations performed by interest. or for that person or organization. c. Grantor of Franchise or License — However, their status as additional with respect to their liability as grantor of insured under this policy ends when a franchise or license to you. their status as mortgagee, assignee, or However, their status as additional receiver ends. insured under this policy ends: g. Owners or Other Interest from Whom (1) when their contract or agreement Land has been Leased — with respect with you granting the franchise or to their liability arising out of the license ends or expires; or ownership, maintenance, or use of that (2) when your license is terminated or part of the land leased to you. revoked prior to expiration of the This insurance does not apply to: license as stipulated by the contract (1) Any `occurrence" which takes place or agreement. after you cease to lease the land;or d. Lessors of Leased Equipment — with (2) Structural alterations, new respect to their liability for"bodily injury", construction, or demolition "property damage" or "personal and operations performed by or on advertising injury" caused in whole or in behalf of the person or organization. part by your maintenance, operation or However, their status as additional use of equipment leased to you by such insured under this policy ends when you person(s) or organ ization(s). This cease to lease that land. insurance does not apply to any h. State or Political Subdivisions -- "occurrence" which takes place after the Permits Relating to Premises — with equipment lease expires. respect to the following hazards for However, their status as additional which the state or governmental agency insured under this policy ends when or subdivision or political subdivision their lease, contract, or agreement with has issued a permit or authorization in you for such leased equipment ends. connection with premises you own, rent, e. Managers, or Lessors of Premises — or control and to which this insurance with respect to liability arising out of the applies: ownership, maintenance, or use of that (1) The existence, maintenance, repair, part of the premises leased to you. construction, erection, or removal of This insurance does not apply to: advertising signs, awnings, (1) Any "occurrence" which takes place canopies, cellar entrances, coal after you cease to be a tenant in that premises. Page 2 of 5 Includes copyrighted material of ISO Properties, Inc.,with its CG 72 12 12 16 permission. ACP GLAO 30200114071 CG72121216 holes, driveways, manholes, manufacturer, and then marquees, hoist away openings, repackaged in the original sidewalk vaults, street banners or container; decorations and similar exposures; (e) Any failure to make such or Inspections, adjustments, tests (2) The construction, erection, or or servicing as the vendor has removal of elevators;or agreed to make or normally (3) The ownership, maintenance or use undertakes to make In the usual of any elevators covered by this course of business, in insurance. connection with the distribution This insurance does not apply to: or sale of the products; 1 "Bodilyinjury" ❑r " ro"property damage" (f) Demonstration, installation, ( } p p y g servicing, or repair operations, ❑r "personal or advertising injury" except such operations arising out of operations performed performed at the vendor's for the state or municipality; or premises in connection with the (2) "Bodily Injury" or "property damage" sale of the product; included within the "products- completed operations hazard". (g} Products which, after distribution or sale by you, have However, such state or political been labeled or relabeled or subdivision's status as additional used as a container, part or insured under this policy ends when the ingredient of any other thing or permit ends. substance by or for the vendor; i. Vendors — but only with respect to or "bodily injury" or "property damage" (h) "Bodily injury" or "property arising out of "your products" which are damage" arising out of the sole distributed or sold in the regular course negligence of the vendor for its of the vendor's business, subject to the own acts or omissions or those following additional exclusions: of its employees or anyone else (1) The insurance afforded the vendor acting on its behalf. However, does not apply to: this exclusion does not apply to: (a) "Bodily injury" or "property (i) The exceptions contained in damage"for which the vendor is Subparagraphs d. or f.; or obligated to pay damages by (ii) Such inspections, adjust- reason of the assumption of ments, tests or servicing as liability in a contract or the vendor has agreed to agreement. This exclusion does make or normally not apply to liability for damages undertakes to make in the that the vendor would have in usual course of business, in the absence of the contract or connection with the agreement; distribution or sale of the (b) Any express warranty unau- products. thorized by you; (2)This insurance does not apply to any (c) Any physical or chemical insured person or organization, from change in the product made whom you have acquired such intentionally by the vendor; products, or any ingredient, part or (d) Repackaging, except when container, entering into, accom- unpacked solely for the purpose panying or containing such of inspection, demonstration, products. testing, or the substitution of parts under instructions from the CG 72 12 12 16 includes copyrighted material of ISO Properties, Inc.,with its Page 3 of 5 permission. ACP GLAO 30200114071 CG72121216 With respect to the insurance afforded to This coverage does not apply if Coverage C such additional insureds a. — d. described - Medical Payments is excluded either by above the following is added to the Section the provisions of any coverage forms III—Limits Of Insurance: attached to the policy or by endorsement. If coverage provided to the additional SECTION IV -- COMMERCIAL GENERAL insured is required by a contract or LIABILITY CONDITIONS agreement, the most we will pay on behalf of 1. Condition 2. Duties In The Event Of the additional insured is the amount of Occurrence, Offense, Claim Or Suit is insurance: amended to include: 1. Required by the contract or agreement; e. Knowledge of an "occurrence", offense, or claim or "suit" by an agent or employee of 2. Available under the applicable Limits of any insured shall not in itself constitute Insurance shown in the Declarations; knowledge of the insured unless you, a whichever is less. partner, if you are a partnership; or an This endorsement shall not increase the executive officer or insurance manager, if applicable Limits of Insurance shown in the you are a corporation receives such notice Declarations. of an "occurrence", offense, claim or "suit" from the agent or employee. However, this insurance afforded to such 2, paragraph b. Excess Insurance {1} (b) (ii) of additional insureds a.—i.described above: condition 4.Other Insurance is replaced with: 1. Only applies to the extent permitted by (ii) That is Fire insurance for premises rented to law; and you or temporarily occupied by you with 2. Will not be broader than that which you permission of the owner; are required by the contract or 3, Condition 6. Representations is amended to agreement to provide for such additional include: insured. SECTION Ill--LIMITS OF INSURANCE d. Your failure to disclose all hazards or prior "occurrences" or offenses existing as of the 1. The following is added to Paragraph 2: inception date of the policy shall not The General Aggregate Limit applies separately prejudice the coverage afforded by this to each of your "locations"owned by or rented to policy provided such failure to disclose all you or temporarily occupied by you with the hazards or prior"occurrences"or offenses is permission of the owner. not intentional. This provision does not 2. Paragraph 6. is replaced with: affect our right to collect additional premium 6. Subject to 5. above, the Damage To or exercise our right of cancellation or non- Premises Rented To You Limit is the most renewal. we will pay under Coverage A for damages 4. Condition 8. Transfer Of Rights Of Recovery because of "property damage" to any one Against Others To Us is amended to include: premises, while rented to you, or in the case If required by a written contract executed prior to of damage by fire, lightning, explosion, loss, we waive any right of subrogation we may smoke, or sprinkler leakage, while rented to have against the contracting person or or temporarily occupied by you with organization because of payments we make for permission of the owner. The limit is injury or damage arising out of your ongoing increased to$1,000,000. operations or "your work" done under a contract 3. Paragraph 7. is replaced with: with that person or organization and included in 7. Subject to 5. above,the higher of: the "products-completed operations hazard". a. $10,000;or 5. The following condition is added: b. The amount shown in the Declarations 10. Liberalization for Medical Expense Limit is the most If we revise this coverage form to provide we will pay under Coverage C for all more coverage without additional premium medical expenses because of "bodily charge, your policy will automatically provide injury"sustained by one person. the additional coverage as of the day the revision is effective in your state. Page 4 of 5 Includes copyrighted material of ISO Properties, Inc.,with its CG 72 12 12 16 permission. 30100114071 CG72121216 SECTION V—DEFINITIONS or death resulting from any of these at any 1. Definition 3."Bodily Injury" is replaced with: time. 3. "Bodily injury" means bodily injury, sickness 2. The following definition is added: or disease sustained by a person, including "Location" means premises involving the same mental anguish, mental injury, shock, fright or connecting lots, ❑r premises whose connection is interrupted only by a street, roadway, waterway, or right-of-way of a railroad. All terms and conditions apply unless modified by this endorsement. CG 72 12 12 16 includes copyrighted material of ISO Properties, Inc.,with its Page 5 of 5 permission. ACP GLAO 30200114071 COMMERCIAL GENERAL LIABILITY CG 74 32 05 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION CONTRACT PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to This insurance does not apply to: include as an additional insured any person or or- 1. "Bodily injury", "property damage"or"personal ganization you are required to add as an addition- and advertising injury" arising out of the ren- nal insured in a written contract or agreement. dering of, or the failure to render, any profes- Such person or organization is an additional in- sional architectural, engineering or surveying sured only with respect to liability for "bodily in- services, including: jury", "property damage" or "personal and adver- tising injury" caused, in whole or in part, by: a• The preparing, approving, or failing to prepare or approve, maps, shop draw- l. Your acts or omissions; or ings, opinions, reports, surveys, field or- 2. The acts or omissions of those acting on your ders, change orders or drawings and spe- behalf; cifications;or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. A person's or organization's status as an addition- 2. "Bodily injury" or "property damage" occurring al insured under this endorsement ends when after: your operations for that additional insured are a. All work, including materials, parts or completed. equipment furnished in connection with No such person or organization is an additional such work, on the project (other than ser- insured for liability arising out of the "products- vice, maintenance or repairs) to be per- completed operations hazard". formed by or on behalf of the additional However, if you have entered into a construction insured(s) at the location of the covered contract subject to Subchapter C of Chapter 151 operations has been completed; or of Subtitle C of Title 2 of the Texas Insurance b. That portion of "your work" out of which Code with an additional insured, the insurance af- the injury or damage arises has been put forded to such person(s) or organization(s) only to its intended use by any person or or- applies to the extent permitted by Subchapter C of ganization other than another contractor Chapter 151 of Subtitle C of Title 2 of the Texas or subcontractor engaged in performing Insurance Code. operations for a principal as a part of the B. With respect to the insurance afforded to these same project. additional insureds, the following exclusions are C. With respect to the insurance afforded to these added to Paragraph 2., Exclusions of Section I-- additional insureds, Condition 4. Other Insurance Coverage A Bodily Injury and Property Dam- of Section IV — Commercial General Liability age Liability and Paragraph 2., Exclusions of Conditions is replaced by the following: Section I — Coverage B -- Personal and Adver- 4. Other Insurance tising Injury Liability: a. Primary Insurance CG 74 32 05 12 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 2 with its permission. ACP GLAO 30200114071 CG 74 32 05 12 This insurance is primary if you have additional insured has been added as agreed in a written contract or written an additional insured by that other in- agreement: surance. (1) That this insurance be primary. If (2) When this insurance is excess, we other insurance is also primary, we will have no duty under Coverages A will share with all that other insurance or B to defend the additional insured as described in c. below; or against any "suit" if any other insurer (2) The coverage afforded by this insur- has a duty to defend the additional fin- ance is primary and non-contributory sured against that "suit". If no other with the additional insured's own in- insurer defends, we will undertake to surance. do so, but we will be entitled to the Paragraphs (1) and (2) do not apply additional insured's rights against all to other insurance to which the addi- those other insurers. tional insured has been added as an (3) When this insurance is excess over additional insured or to other insur- other insurance, we will pay only our ance described in paragraph b. be- share of the amount of the loss, if low, any, that exceeds the sum of: b. Excess Insurance (a) The total amount that all such This insurance is excess over: other insurance would pay for the loss in the absence of this insur- (1) Any of the other insurance, whether ance;and primary, excess, contingent or on any (b) The total of all deductible and other basis: self-insured amounts under all (a) That is Fire, Extended Coverage, that other insurance. Builder's Risk, Installation Risk or (4) We will share the remaining loss, if similar coverage for"your work"; any, with any other insurance that is (b) That is fire, lightning, or explosion not described in this Excess Insur- insurance for premises rented to ance provision and was not bought you or temporarily occupied by specifically to apply in excess of the you with permission of the owner; Limits of insurance shown in the Dec- (c) That is insurance purchased by larations of this Coverage Part. you to cover your liability as a te- c. Method Of Sharing nant for "property damage" to If all of the other insurance available to premises rented to you or tempo- the additional insured permits contribution rarily occupied by you with per- by equal shares, we will follow this me- mission of the owner; or thod also. Under this approach each in- (d) If the loss arises out of the main- surer contributes equal amounts until it tenance or use of aircraft, "autos" has paid its applicable limit of insurance or watercraft to the extent not or none of the loss remains, whichever subject to Exclusion g. of Section comes first. I -- Coverage A -- Bodily Injury If any of the other insurance available to And Property damage Liability the additional insured does not permit (e) That is any other insurance avail- contribution by equal shares, we will con- able to an additional insured un- tribute by limits. Under this method, each der this endorsement covering insurer's share is based on the ratio of its liability arising out of the premises applicable limit of insurance to the total or operations, or products com- applicable limits of insurance of all insur- pleted operations, for which the ers. All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc. CG 74 32 05 12 with its permission. ACP GLAO 30200114071 COMMERCIAL GENERAL LIABILITY CG81110917 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROADENED ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS - AUTOMATIC STATUS WHEN REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to extent permitted by law;and include as an insured: b. The insurance afforded to such 1. Any person or organization to whom you are additional insured will not be broader obligated by "written contract" to provide than that which you are required by the additional insured coverage under your "written contract" to provide for such policy_ Such person or organization is an additional insured. additional insured only with respect to liability B. Exclusions for: With respect to the insurance afforded to the a. "bodily injury", "property damage", or additional insured, the following exclusion is "personal and advertising injury" caused, added: in whole or in part, by your acts or The insurance provided to the additional insured omissions, or those acting on your does not apply to "bodily injury", "property behalf, in the performance of"your work" damage", or "personal and advertising injury" for the additional insured and included in arising out of an architect's, engineer's, or the "products-completed operations surveyor's rendering of or failure to render any hazard" which was performed for the additional insured as specified under the professional services including: "written contract". 1. The preparing, approving or failing to However, when you are required by "written prepare or approve maps, shop drawings, contract" to provide coverage arising out of opinions, reports, surveys, field orders, "your work", then Paragraph A.1.b below change orders, drawings, or specifications; applies in place of Paragraph A.1.a above. or b. "bodily injury", "properly damage", or 2. Supervisory, inspection, architectural, or "personal and advertising injury" arising engineering services. out of "your work", by your acts or This exclusion applies even if the claims against omissions, or the acts or omissions of any insured allege negligence or other those acting on your behalf, in the wrongdoing in the supervision, hiring, performance of "your work" for the employment, training, or monitoring of others by additional insured and included in the that insured, if the "occurrence" which caused "products-completed operations hazard" the "bodily injury" or "property damage", or the which was performed for the additional offense which caused the "personal and insured as specified under the "written advertising injury", involved in the rendering of, contract". or the failure to render, any professional 2. The insurance provided to the additional architectural, engineering, or surveying services. insured by this endorsement is limited as follows: a. The insurance afforded to such additional insured only applies to the CG 81 11 09 17 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2 with its permission. ACP GLAO 30200114071 CG 81 11 09 17 C. With respect to the insurance afforded to these D. The following definition is added to the additional insureds, the following is added to definitions section: Section III— Limits Of Insurance: "Written contract" means a contract or The most we will pay on behalf of the additional agreement made on either a printed or electronic insured(s) is the amount of insurance: document, signed by both parties, that requires 1. Required by the "written contract';or you to make a person or organization an 2. Available under the applicable Limits of additional insured on this Coverage Part, Insurance shown in the Declarations; provided that the contract or agreement: whichever is less. 1. Is currently in effect or becomes effective during the policy period; and This endorsement shall not increase the 2, Was executed prior to the "bodily injury" or applicable Limits of Insurance shown in the "property damage" or the offense that Declarations. caused the"personal and advertising injury". All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., CG 81 11 09 17 with its permission. WC 42 03 04 B 06 14 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A, of the Information Page. We have the right to recover our payments from anyone liable foT an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ) Specific Waiver Name of person or organization (See reverse for additional names) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s) arising out of the operations described. 4. Advance Premium: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No.ACP GLAO 30200114071 Endorsement No. Insured Premium: Insurance Company Countersigned by WC 42 03 04 B 06 14 0 Copyright 2014 National Council on Compensation Insurance,Inc.All Rights Reserved. 11/30/22, 12:52 PM M&C Review Official site of the City of Fort Worth,Te,s CITY COUNCIL AGENDA FoRTORTII Create New From This M&C DATE: 11/29/2022 REFERENCE **M&C 22- LOG NAME: 202022 BOND YEAR 2- NO.: 0976 CONTRACT 10 - DEC CODE: C TYPE: CONSENT PUBLIC NO NO SUBJECT: (CD 2) Authorize Execution of an Engineering Agreement with DEC - North Texas, LLC in the Amount of$406,090.00 for Combined Water, Stormwater and Street Paving Improvements for 2022 Bond Year 2-Contract 10 Project, Adopt Certain Appropriation Ordinances to Effect a Portion of Water's Contribution to and Amend the Fiscal Years 2023-2027 Capital Improvement Program (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an engineering agreement with DEC - North Texas, LLC in the amount of $406,090.00 for combined water and street paving improvements for 2022 Bond Year 2- Contract 10 project (City Project No. 104243); 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $245,557.00, transferred from available funds within the Water and Sewer Fund, for the purpose of funding the 2022 Bond Year 2-Contract 10 project (City Project No. 104243) to effect a portion of Water's Contribution to the Fiscal Years 2023-2027 Capital Improvement Program; 3. Adopt the attached appropriation ordinance adjusting appropriations in the 2022 Bond Program Fund by increasing appropriations in the 2022 Bond Year 2- Contract 10 project (City Project No. 104243) in an amount of $453,123.00 and decreasing appropriations in the Street Improvement-Deteriorating Streets programmable project (City Project No. PB0019) by the same amount; 4. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Stormwater Capital Projects fund by increasing estimated receipts and appropriations in the 2022 Bond Year 2 - Contract 10 project (City Project No. 104243) in the amount of $20,000.00 and decreasing estimated receipts and appropriations in the Drainage Improvements programmable project (City Project No. P00043) by the same amount; and S. Amend the Fiscal Years 2023-2027 Capital Improvement Program. DISCUSSION: This Mayor and Council Communication (M&C) is to authorize the preparation of plans and specifications for this Year 2 Neighborhood Streets Improvements project associated with the 2022 Bond Program. For 2022 Bond Year 2-Contract 10 project, this includes water, stormwater and street paving improvements on approximately 2.9 lane miles, on the following streets: Street From To Scope 15th St, NW Circle Park Blvd Lincoln Ave Paving Houston St, N NW 25th St NW 20th St Water/Stormwater/Paving Lincoln Ave NW 16th St W Central Ave Water/Stormwater/Paving In April 2020, the Transportation and Public Works Department (TPW), Capital Delivery Division, published a Request for Qualifications (RFQ) for various engineering consulting services. Forty-six consultants responded to the RFQ for the Planning, Design and Construction Services for Neighborhood Streets Projects area with Statements of Qualifications (SOQ). An evaluation team of apps.cfwnet.org/council_packet/mc_review.asp?ID=30529&councildate=11/29/2022 1/4 11/30/22, 12:52 PM M&C Review City staff subject matter experts from the Capital Delivery Division of TPW scored the SOQ's based on company experience, prior projects, workload, and team experience. A pool of nineteen consultants were prequalified for Neighborhood Streets projects based upon these scores. In an effort to match consultants with projects specific scope, TPW asked the consultants to submit a response to a Request for Additional Information (RFAI) highlighting their proposed design schedule, sub-consultant availability, and project manager workload among other potential project elements. Respondents to the RFAI were scored and based on this scoring, DEC - North Texas, LLC was selected as the most qualified consultant to perform design services for this project The Transportation & Public Works Department's share on this contract is $245,913.00 (Paving: $237,123.00; Stormwater: $8,790.00). The Water Department's share on this contract is $160,177.00 will be available in the Water& Sewer Capital Projects Fund for the project (City Project No. 104243). In addition to the contract amount, $312,590.00 (Water: $85,380.00, Paving: $216,000.00-1 Stormwater: $11,210.00) is required for project management, utility coordination and material testing. This project will have no impact on the Transportation and Public Works' annual operating budget nor on the Water Department's operating budget when completed. Design is expected to start in January 2023 and be completed by November 2023. Construction should commence in March 2024 and be completed in March 2025. The action in this M&C will amend TPW's contribution to the Fiscal Years 2023-2027 Capital Improvement Program as follows: Capital Fund Project r FY2022 CIP Budget Change Revised FY2023 Name Name Appropriations Increase/Decrease Budget Street 2022 Bond Imprv- Program — $77,115,444.00 $(453,123.00) $76,662,321.00 Fund 34027 Deteriorating Sts- PB0019 It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2023-2027 Capital Improvement Program, as follows: 202022 Bond Year 2-Contract 10— DEC: Capital Project FY2023 CIP Budget ChangeAuthorit Revised y (Increase / Fund Name Name Appropriations Decrease) FY2023 Budget W&S 104243 - Capital 2022 Bond $0.00 This M&C $245,557.00 $245,557.00 Projects— Year 2 - Fund 56002 Contract 10 2022 Bond 104243 - Program — 2022 Bond $0.00 This M&C $453,123.00 $453,123.00 Fund 34027 Year 2 - Contract 10 Storm 104243— Water 2022 Bond Capital Year 2— $0.00 This M&C $20,000.00 $20,000.00 Projects Contract Fund 10 52002 Funding is budgeted in the Transfer to Water/Sewer account of the Water and Sewer operating budget for the purpose of funding the 2022 Bond Year 2—Contract 10 project within the Water& Sewer Capital Projects Fund, in the Street Imprv-DeterioratingSts programmable project within the 2022 Bond Program Fund and the Drainage Improvement Projects programmable project within the apps.cfwnet.org/council_packet/mc_review.asp?ID=30529&councildate=11/29/2022 2/4 11/30/22, 12:52 PM M&C Review Stormwater Capital Projects Fund for the purpose of funding the 2022 Bond Year 2—Contract 10 project. Appropriations for the water, and paving improvements for 2022 Bond Year 2-Contract 10 project by Fund will consist of the following: Fund Existing Additional Project Total* Appropriations Appropriations 2022 Bond Program — $0.00 $453,123.00 $453,123.00 Fund 34027 W&S Capital Projects - $0.00 $245,557.00 $245,557.00 Fund 56002 Storm Water Capital $0.00 $20,000.00 $20,000.00 Projects Fund —52002 Project Total $0.00 $718,680.00 $718,680.00 Business Equity Office: DEC - North Texas, LLC is in compliance with the City's Business Equity Ordinance by committing to 14 percent Business Equity participation on this project. The City's Business Equity goal on this project is 13 percent. This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt 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 25515-05-2022). This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget of the Water & Sewer Fund and in the current capital budget of the Street Imprv-DeterioratingSts programmable project within the 2022 Bond Program Fund and the Drainage Improvement Projects programmable project within the Stormwater Capital Projects Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the W&S Capital Projects Fund, Stormwater Capital Projects Fund and 2022 Bond Program Fund for the 2022 Bond Year 2-Contract 10 project to support the approval of the above recommendations and execution of the engineering agreement. Prior to any expenditure being incurred, the Transportation & Public Works and Water Departments have the responsibility of verifying the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID I Year Reference 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 (5806) Originating Department Head: Lauren Prieur (6035) Additional Information Contact: Monty Hall (8662) apps.cfwnet.org/council_packet/mc_review.asp?ID=30529&councildate=11/29/2022 3/4 11/30/22, 12:52 PM M&C Review ATTACHMENTS 202022 BOND YEAR 2-CONTRACT 10- DEC funds availabilitypdf (CFW Internal) 202022 Bond Year 2-Contract 10 DEC FID Table.xlsx (CFW Internal) 2022 Bond Contract 10 Form 1295 Certificate.pdf (CFW Internal) 221103 Comp memo 104243 2022 Bond Year 2 Contract 10 nw.pdf (CFW Internal) M&C CPN104243 2022 Bond Neighborhood Streets Year2 Contract10.pdf (Public) ORD.APP202022 BOND YEAR 2-CONTRACT 10- DEC 52002 (r4).docx (Public) ORD.APP202022 BOND YEAR 2-CONTRACT 10- DEC 56002 AO23(R2).docx (Public) ORD.APP202022 BOND YEAR 2-CONTRACT 10 - DEC 34027 AO23(R3).docx (Public) PBS CPN 104243.pdf (CFW Internal) SAM.gov Search-DEC NTx.pdf (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=30529&councildate=11/29/2022 4/4 104243-EPAG-2022 Bond Year 2 Contract 10 — Engineering Agreement Final Audit Report 2022-12-09 Created: 2022-12-07 By: Andrea Munoz(Andrea.Mu noz@fortworthtexas.gov) Status: Canceled/Declined Transaction ID: CBJCHBCAABAAJi8if7eWVUgUOO_1UpGAIFBxX25Rlyg7 "104243-EPAG-2022 Bond Year 2 Contract 10 — Engineering Ag reement" History ,i°J Document created by Andrea Munoz (Andrea.M u noz@fortworthtexas.gov) 2022-12-07-0:41:46 AM GMT-IP address:204.10.90.100 P Document emailed to van.pham@fortworthtexas.gov for filling 2022-12-07-4:55:55 PM GMT Document emailed to joe.garcia@decorp.com for filling 2022-12-07-4:55:55 PM GMT Document emailed to william.gladbach@decorp.com for signature 2022-12-07-4:55:55 PM GMT Document emailed to tingting.ren@fortworthtexas.gov for signature 2022-12-07-4:55:55 PM GMT Document emailed to deirdre.oneal@fortworthtexas.gov for approval 2022-12-07-4:55:55 PM GMT Email viewed by tingting.ren@fortworthtexas.gov 2022-12-07-4:56:09 PM GMT-IP address: 107.115.171.108 Signer tingting.ren@fortworthtexas.gov entered name at signing as Tingting Ren 2022-12-07-6:34:38 PM GMT-IP address:204.10.90.100 Document e-signed by Tingting Ren (tingting.ren@fortworthtexas.gov) Signature Date:2022-12-07-6:34:40 PM GMT-Time Source:server-IP address:204.10.90.100 Email viewed by van.pham@fortworthtexas.gov 2022-12-07-7:12:03 PM GMT-IP address:204.10.90.100 FORT WORTH, Powered by `� Adobe i Acrobat Sign Signer van.pham@fortworthtexas.gov entered name at signing as Van Pham 2022-12-07-7:20:44 PM GMT-IP address:204.10.90.100 Form filled by Van Pham (van.pham@fortworthtexas.gov) Form filling Date:2022-12-07-7:20:46 PM GMT-Time Source:server-IP address:204.10.90.100 Email viewed by deirdre.oneal@fortworthtexas.gov 2022-12-07-8:48:13 PM GMT-IP address:204.10.90.100 Email viewed by william.gladbach@decorp.com 2022-12-07-9:12:26 PM GMT-IP address: 107.77.200.234 Lar, Signer deirdre.oneal@fortworthtexas.gov entered name at signing as Deirdre O'Neal - Risk Management 2022-12-07-9:23:41 PM GMT-IP address:204.10.90.100 Document approved by Deirdre O'Neal - Risk Management(deirdre.oneal@fortworthtexas.gov) Approval Date:2022-12-07-9:23:43 PM GMT-Time Source:server-IP address:204.10.90.100 Email viewed by joe.garcia@decorp.com 2022-12-08-5:39:14 PM GMT-IP address:75.51.229.77 C�Q Signer joe.garcia@decorp.com entered name at signing as Joe Garcia 2022-12-08-5:41:40 PM GMT-IP address:75.51.229.77 C:�o Form filled by Joe Garcia Qoe.garcia@decorp.com) Form filling Date:2022-12-08-5:41:42 PM GMT-Time Source:server-IP address:75.51.229.77 ��, Email viewed by william.gladbach@decorp.com 2022-12-08-10:37:26 PM GMT-IP address: 107.77.200.234 C?., Signer william.gladbach@decorp.com entered name at signing as Will Gladbach 2022-12-08-10:39:20 PM GMT-IP address: 107.77.200.234 Document e-signed by Will Gladbach (william.gladbach@decorp.com) Signature Date:2022-12-08-10:39:22 PM GMT-Time Source:server-IP address: 107.77.200.234 Document emailed to Mary.Hanna@fortworthtexas.gov for filling 2022-12-08-10:39:26 PM GMT Email viewed by Mary.Hanna@fortworthtexas.gov 2022-12-08-10:57:53 PM GMT-IP address:99.72.201.125 Oc, Signer Mary.Hanna@fortworthtexas.gov entered name at signing as Mary Hanna 2022-12-09-0:03:17 AM GMT-IP address:99.72.201.125 C>Q Form filled by Mary Hanna (Mary.Hanna@fortworthtexas.gov) Form filling Date:2022-12-09-0:03:19 AM GMT-Time Source:server-IP address:99.72.201.125 FORT WORTH, Powered by `� Adobe i Acrobat Sign Document emailed to Martin.Phillips@fortworthtexas.gov for filling 2022-12-09-0:03:23 AM GMT Document canceled by Andrea Munoz(Andrea.Mu noz@fortworthtexas.gov) 2022-12-09-3:51:13 PM GMT-IP address:204.10.90.100 FORT W❑RTH., Powered by Adobe i Acrobat Sign FORT WORTH,, Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2022 Bond Year 2 Contract 10—Engineering Agreement M&C: 22-0976 CPN: 104243 CSO: DOC#: Date: To: Name Department Initials Date Out 1. Van Pham TPW- initial Dec 7, 2022 2. Joe Garcia Consultant-signature M Dec 8, 2022 3. Tingting Ren TPW- signature rR Dec 7, 2022 4. Mary Hanna TPW- signature Dec 8, 2022 5• Michael Owen TPW- signature -. Dec 10,2022 6. Lauren Prieur TPW- signature «P Dec 10,2022 7 Doug Black Legal - signature wb Dec 14,2022 8 William Johnson CMO - signature ,. Dec 15,2022 9 Jannette Goodall CSO - signature 5 Dec 15,2022 10. TPW Contracts TPW 11. 12. 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: TPWContractsAFortWorthTexas.gov at ext. 7233 for pick up when completed. Thank you!