Loading...
HomeMy WebLinkAboutContract 58702CSC No. 58702 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement ("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 ("Consultant"), for a project generally described as: Cooks Ln & Brentwood Stair ("Project") — Project No. 104035 . Article I Scope of Services (1) Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2) Additional services, if any, will be memorialized by an amendment to this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to $135,925.00 ("Contract Amount") in accordance with the Fee Schedule shown 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. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant 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. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: November 23, 2021 Page 1 of 9 Cooks Ln & Brentwood Stair City Project Number 104035 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX the schedule, whichever occurs first, unless terminated in accordance with the terms of this Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership orjoint venture between City and Consultant. Article V Professional Competence Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant's work or work product shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMN/FYAND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. City of Fort Worth, Texas Cooks Ln & Brentwood Stair Standard Agreement for Professional Services City Project Number 104035 Revision Date: November 23, 2021 Page 2 of 9 Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article VIII Force Majeure City and Consultant 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. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30-days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". Article XI Right to Audit (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that City shall have access during normal City of Fort Worth, Texas Cooks Ln & Brentwood Stair Standard Agreement for Professional Services City Project Number 104035 Revision Date: November 23, 2021 Page 3 of 9 working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor(s), involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article XII 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 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), Consultant acknowledges the MBE and WBE goals established for Agreement and its execution of this Agreement is Consultant'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 Consultant may result in the termination of Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XIII Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect 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. Consultant 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 or its subcontractor(s). City of Fort Worth, Texas Cooks Ln & Brentwood Stair Standard Agreement for Professional Services City Project Number 104035 Revision Date: November 23, 2021 Page 4 of 9 Article XIV Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under Agreement. Consultant 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 Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate Agreement for violations of this provision by Consultant. Article XV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. Agreement shall be construed in accordance with the laws of the State of Texas. Article XVI Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of City or Consultant 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 Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVII Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or City of Fort Worth, Texas Cooks Ln & Brentwood Stair Standard Agreement for Professional Services City Project Number 104035 Revision Date: November 23, 2021 Page 5 of 9 unconstitutional for any reason, the remainder of Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVIII Notices Notices regarding Articles IX or X are to be provided to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Chad Allen, P.E., C.F.M. Transportation and Public Works 200 Texas Street Fort Worth, Texas 76102 Consultant: DEC - North Texas, LLC Attn: Douglas E. Guinn, P.E., CFM 2501 Parkview Dr., Suite 670 Fort Worth, Texas 76102 All other notices may be provided as described above or via electronic means. Article XIX Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth, Texas Cooks Ln & Brentwood Stair Standard Agreement for Professional Services City Project Number 104035 Revision Date: November 23, 2021 Page 6 of 9 Article XX Prohibition on Boycotting Energy Companies Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XXI Prohibition on Discrimination Against Firearm and Ammunition Industries Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (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. Article XXII Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of Agreement. City of Fort Worth, Texas Cooks Ln & Brentwood Stair Standard Agreement for Professional Services City Project Number 104035 Revision Date: November 23, 2021 Page 7 of 9 Article XXIII Attachments, Schedules and Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of Agreement: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Changes to Agreement 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: CITY OF FORT WORTH William Johnson(Jan ,202309:07 CST) William Johnson Assistant City Manager Date: Jan 9, 2023 ATTEST: TanneiVe S. aoodaH Jannette S. Goodall (Jan 9, 2023 09:45 CST) Jannette Goodall City Secretary 49vouq� cF Fogr�a�d �o OVo 0=4 C�Q*O io a�II EXP`Jo-S nbnaao44 APPROVAL RECOMMENDED: _ar.., By:Lauren Pneur (Dec 18, 202221:18 CSI) Lauren Prieur Interim Director, TPW BY: CONSULTANT DEC - North Texas, LLC wd44"v M. !� William M. Gladbach (DecT, 202211:12 CST) William Gladbach, P.E. Vice President Date: Dec 6, 2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Cooks Ln & Brentwood Stair Standard Agreement for Professional Services City Project Number 104035 Revision Date: November 23, 2021 Page 8 of 9 APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2022-938949 Jeremy Anato-Mensah Assistant City Attorney Contract Compliance Manager: M&C No.: 22-1009 M&C Date: 11/29/2022 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. Lu(��.., Chad Allen, P.E., C.F.M. Acting Program Manager City of Fort Worth, Texas Cooks Ln & Brentwood Stair Standard Agreement for Professional Services City Project Number 104035 Revision Date: November 23, 2021 Page 9 of 9 T ATTACHMENT "A" Scope for Engineering Design Related Services for Intersection Improvements The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The objective of the Cooks Ln and Brentwood Stair Rd Intersection Project is to improve the safety and capacity of the intersection by updating traffic signals and install flashing yellow arrows, realign NB left turn and SB left turn lanes, install ADA compliant ramps, pavement markings and safety lighting. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design (30%) Task 3. Preliminary Design (60%) Task 4. Final Design (90% and 100%) Task 5. Bid Phase Services Task 6. Construction Phase Services (RFI's and Submittal Reviews) Task 7. ROW/Easement Services (If Required) Task 8. Survey and Subsurface Utility Engineering Services Task 9. Permitting (If Required) Task 10. Quality Control/ Quality Assurance City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Cooks Ln & Brentwood Stair Page 1 of 25 City Project Number 104035 T TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance of the work. Refer to Task 10 for further details. • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting: • Attend a pre -design project kickoff/charter meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Attend one (1) field meetings with CITY representatives, including Traffic Management, prior to the 30% and 90% submittals. • Conduct and document monthly project update meetings with CITY Project Manager • Conduct review meetings with the CITY at the end of each design phase • Conduct and document biweekly design team meetings • Conduct QC/QA reviews and document those activities. Refer to Task 10 for further details • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit monthly Project Status Reports in the format provided by the respective Transportation and Public Works Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. This PROJECT requires a Tier 3 schedule as defined in the City's Specification 00 31 15 entitled Engineer Project Schedule. • Prepare and submit a preliminary Project Risk Register, preliminary Stakeholder Register, and preliminary Project Communications Plan. CITY to modify and finalize. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project City of Fort Worth, Texas Page 2 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 2 of 25 City Project Number 104035 T • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • One (1) pre -design project kickoff/chartering meeting • One (1) field review meeting • Five (5) monthly project update meetings during design phase • Three (3) plan review meetings • Five (5) design team meetings • All submittals to the City will be Quality checked prior to submission. • Project design phase is anticipated to take eight (8) months. • Project construction phase is anticipated to take two (2) months. • Milestone updates of Project Status Reports, MWBE forms, TPBE, Risk Register, and project Schedule. DELIVERABLES A. Meeting summaries with action items B. QC/QA documentation C. Baseline design schedule D. Preliminary Project Risk Register, preliminary Stakeholder Register, and preliminary Project Communications Plan E. Monthly Schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly Project Status Reports G. Monthly TPBE spreadsheet updates H. Monthly Project Risk Register updates I. Plan Submittal Checklists (See Task 10) City of Fort Worth, Texas Page 3 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 3 of 25 City Project Number 104035 J. Monthly invoices K. Monthly M/WBE Report Form and Final Summary Payment Report Form City of Fort Worth, Texas Page 4 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 4 of 25 City Project Number 104035 T TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows 2.1. Data Collection In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. 2.2. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) per Task 8. 2.3. Utility Clearance • ENGINEER will develop the design of CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. Where conflicts cannot be avoided, coordination of Utility Conflicts will begin at the Conceptual Design phase. • In the case of a public utility conflict, the ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for coordination. The ENGINEER may need to coordination directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. • The ENGINEER shall upload a PDF file of the approved preliminary plan set to the designated project folder in the City's document management system (BIM 360) for forwarding to all utility companies which have facilities within the limits of the project. The PDF file should be created directly from the CAD files. 2.4 The Conceptual Design Package shall include the following: City of Fort Worth, Texas Page 5 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 5 of 25 City Project Number 104035 FORT • ENGINEER will only provide applicable plan sheets (plan layouts, details, cable tables, applicable standards) to be included as part of a bid package to be completed by other. • Quantity Summary page and each design sheet shall include a quantity take off table. • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. • Conceptual plan sheets showing existing and proposed horizontal roadway alignments, existing and proposed ROW, existing and proposed sidewalks, existing and proposed curbs, existing and proposed medians, proposed lane dimensions and lane arrows, existing and proposed illumination, existing drainage structures, and city owned and franchise utilities. • Traffic signal existing conditions and removals layout sheet. • Traffic signal proposed conditions layout sheet showing the location of proposed signal poles and mast arms, ground boxes, controller cabinet, and electrical service meter. Documentation of key design decisions. • Estimates of probable construction cost. ASSUMPTIONS • Three (3) sets of 11 "x17" size plans will be delivered for the 30% design. • PDF files created from design CAD drawings will be uploaded to the designated project folder in the City's document management system (BIM 360). • ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Package City of Fort Worth, Texas Page 6 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 6 of 25 City Project Number 104035 T TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows 3.1. The Preliminary Design Drawings and Specifications shall include the following: • Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. • General Notes • Traffic Signal Existing Conditions and Removals Sheet • Traffic Signal Layout Sheet • Traffic Signal Equipment Detail Sheets (1 sheet per corner,1" = 10' scale) • Traffic Signal Summary Charts • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. • Quantity Summary page and each design sheet shall include a quantity take off table. • Traffic Control Plan including all construction signage and pavement markings which will be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. • A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument #8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). • Station equations relating utilities to paving, when appropriate. • Overall project easement layout sheet(s). • Intersection layout sheets including ROW lines, horizontal alignments, utilities, curbs, sidewalks, driveways, lane dimensions and arrows, and existing and proposed contours (0.25' intervals) • Preliminary traffic signal and roadway details to include curbs, curb expansion joints, driveways, sidewalks, and pavement details. • Preliminary signing, pavement marking, illumination and signal layouts. • Paving Removal Sheet • Paving Layout Sheet City of Fort Worth, Texas Page 7 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 7 of 25 City Project Number 104035 T • Paving Detail Sheets (1 sheet per corner, 1" = 10' scale) • Pavement Markings and Signing Removal Sheet • Pavement Markings and Signing Installation Sheet • Documentation of key design decisions. • Estimates of probable construction cost. 3.2. Geotechnical Investigation/Pavement Design (Not included) 3.3. Constructability Review • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 3.4. Public Meeting (If Required) After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, and attend one (1) public meeting to help explain the proposed project to residents. The CITY shall select a suitable location, time and date. The Engineer needs to coordinate with the City's project manager to format the mailing list of all affected property owners accordingly. 3.5. Utility Clearance • ENGINEER will develop the design of CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. Where conflicts cannot be avoided, coordination of Utility Conflicts will be identified at the Conceptual phase and begin at the Preliminary Design phase. • In the case of a public utility conflict, the ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for coordination at each design milestone. The ENGINEER may need to coordinate directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. • The ENGINEER shall upload a PDF file of the approved preliminary plan set to the designated project folder in the City's document management system (BIM 360) for forwarding to all utility companies which have facilities within the limits of the project. The PDF file should be created directly from the CAD files. • ENGINEER to obtain utility as-builts and/or do field visits to confirm relocation is complete and that the utility has been relocated in accordance with the plans, report any discrepancies found, and provide documentation to support findings. City of Fort Worth, Texas Page 8 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 8 of 25 City Project Number 104035 FORT • ENGINEER to upload all utility as-builts in the City's document management system (BIM 360) ASSUMPTIONS • Three (3) sets of 11 "x17" size plans will be delivered for the 60% design for review coordination. • One (1) set of specifications will be delivered for the 60% design. • PDF files created from design CAD drawings will be uploaded to the designated project folder in the City's document management system (BIM 360). • All submitted documents and checklists will be uploaded to the designated project folder in the City's document management system (BIM 360). • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • One (1) Public Meeting is assumed. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. • Utilize TxDOT Bid Items DELIVERABLES A. Preliminary Design drawings and specifications including QC/QA documentation B. Utility Conflict Coordination Package C. Estimates of probable construction cost D. Public Meeting exhibits (If required) City of Fort Worth, Texas Page 9 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 9 of 25 City Project Number 104035 T 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(be sure to track changes.): • Final draft construction plans (90%) including specifications shall be submitted to CITY per the approved Project Schedule. • The ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for final coordination. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. • A Quantity Summary page will be included in both the 90% and 100% design packages. Each design sheet of those package shall include a quantity take off table. • The ENGINEER shall submit an estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use standard TxDOT bid items, as applicable. ASSUMPTIONS • Three (3) sets of 11"x17" size drawings and one (1) set of specifications will be delivered for the 90% Design package. • A PDF and DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in the City's document management system (BIM 360). • Ten (10) sets of 11"x17" size drawings and two (2) set of specifications will be delivered for the 100% Design package. • A PDF and DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in City's document management system (BIM 360). • Utilize TxDOT Bid Items DELIVERABLES A. 90% construction plans and specifications including QC/QA documentation. B. Utility relocation documentation. C. 100% construction plans and specifications including QC/QA documentation. D. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's or TxDOT's standard bid items and format, as applicable E. Original 11 "x17" size cover mylar for the signatures of authorized CITY officials. City of Fort Worth, Texas Page 10 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 10 of 25 City Project Number 104035 T TASK 5. BID PHASE SERVICES (AS REQUIRED). The CITY reserves the right to bid the project either via traditional project bid to via unit price alternative delivery. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto the City's document management system (BIM 360) for access to potential bidders. • The ENGINEER shall submit all plans and bid items in TxDOT CONNNECT. Plan sets will be submitted in TxDOT Portfolio format • Contract documents shall be uploaded in a .xIs file. • Unit Price Proposal documents are to be created utilizing the city's unit price tool only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, that will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to the City's document management system (BIM 360) in two formats, .pdf and .dwf files. The .pdf will consist of one file of the entire plan set. The .dwf will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER from Contractor's uploaded Plan Holder Registrations in the City's document management system (BIM 360). The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidder's questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto the City's document management system (BIM 360) and mail addenda to all plan holders. • If needed, ENGINEER will prepare and issue bid addenda • Attend the pre -bid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Attend the bid opening in support of the CITY. City of Fort Worth, Texas Page 11 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 11 of 25 City Project Number 104035 T • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet are to be uploaded into the project's Bid Results folder on the City's document management system (BIM 360) Incorporate all addenda into the contract documents and issue conformed sets • ENGINEER will provide justification for any differences between estimate of probable construction costs and bid costs City of Fort Worth, Texas Page 12 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 12 of 25 City Project Number 104035 FORT Engineer will provide 10 full sets and 3 full sets after bid opening - conformed set with all approved addenda ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • Construction documents will only be made available on the City's document management system (BIM 360) for plan holders and/or given to plan viewing rooms. • Construction documents will not be printed and made available for purchase by plan holders and/or given to plan viewing rooms. • PDF, DWF and DWG files will be uploaded to the City's document management system (BIM 360). DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed) E. CFW Data Spreadsheet City of Fort Worth, Texas Page 13 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 13 of 25 City Project Number 104035 T TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1. Construction Support • The ENGINEER shall prepare one (1) task order package for the CITY's Unit Price Contractor. • The ENGINEER shall attend the pre -construction conference. • After the pre -construction conference, the ENGINEER shall provide project exhibits and attend one (1) public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. • The ENGINEER shall attend construction progress meetings during the duration of construction. The ENGINEER will prepare meeting notes with action items and distribute there to the project team. • The ENGINEER 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 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 ENGIENER will meet with the Project Delivery Team and Contractor on -site to review any field changes. • The ENGINEER will coordinate with the TPW department as necessary • The Engineer will update and submit monthly the Project Status Report, Risk Register, TPBE and Project Schedule. • The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list. 6.2 Record Drawings • The ENGINEER shall prepare record drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. Information provided by the CITY may include, but is not limited to the following: o Red -Line Markups from the Contractor City of Fort Worth, Texas Page 14 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 14 of 25 City Project Number 104035 T o Red -Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, in Adobe Acrobat PDF format (version 6.0 or higher) and in DWF format. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red -lined drawings shall be returned to the CITY with the digital files. • There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set, if required. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_orgl8.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 City of Fort Worth, Texas Page 15 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 15 of 25 City Project Number 104035 FORT WORTH. fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • One (1) site visit is assumed. • Five (5) submittal reviews are assumed. • Three (3) RFI's are assumed. • One (1) Change Orders are assumed. DELIVERABLES A. Response to Contractor's Request for Information B. Review of Change Orders C. Review of shop drawings D. Final Punch List items E. Record Drawings in digital format City of Fort Worth, Texas Page 16 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 16 of 25 City Project Number 104035 T TASK 7. ROW/EASEMENT SERVICES (IF REQUIRED). ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Right -of -Way Research • The ENGINEER shall determine rights -of -way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2. Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The documentation shall be provided in conformance with the checklists and templates available on the City's document management system (BIM 360) resources folder. 7.3. Temporary Right of Entry Preparation and Submittal Prior to construction, the ENGINEER should coordinate with the City project manager to identify all needed Temporary Right of Entries from landowners. It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. • The documentation shall be provided in conformance with the checklists and templates available on the City's document management system (BIM 360) resources folder. ASSUMPTIONS • For this project it is assumed a maximum of four (4) Right -of -Way (ROW) or easement acquisition documents may be required at the intersection corners. This will include the documents for the permanent ROW or easement and for a Temporary Construction Easement (TCE) if required. Right -of -Way research includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on -ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD records, right-of-way takings, easement vacations and abandonments, right-of- way vacations, and street closures. DELIVERABLES A. Four (4) Easement exhibits and meets and bounds provided on CITY forms. B. Four (4) Temporary Right of Entry cover letters C. Four(4) Temporary Right of Entry documents City of Fort Worth, Texas Page 17 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 17 of 25 City Project Number 104035 T TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: — A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: — The following information about each Control Point; a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. — No less than two horizontal bench marks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. 8.2. 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. • The documentation shall be provided in conformance with the checklists and templates available on the City's document management system resources folder. 8.3. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level D, C, B, and A, as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. City of Fort Worth, Texas Page 18 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 18 of 25 City Project Number 104035 T Quality Level D • Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. • Collect applicable records (e.g., utility owner base maps, "as built" or record drawings, permit records, field notes, geographic information system data, oral histories, etc.) on the existence and approximate location of existing involved utilities. • Review records for: evidence or indication of additional available records; duplicate or conflicting information; need for clarification. • Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files, and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality level(s); end points of any utility data; line status (e.g., active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement. Quality Level C (includes tasks as described for Quality Level D) • Identify surface features, from project topographic data and from field observations, that are surface appurtenances of subsurface utilities. • Include survey and correlation of aerial or ground -mounted utility facilities in Quality Level C tasks. • Survey surface features of subsurface utility facilities or systems, if such features have not already been surveyed by a professional surveyor. If previously surveyed, check survey data for accuracy and completeness. • The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes. • Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. • Update (or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and Quality Level C information. • Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. • Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets. City of Fort Worth, Texas Page 19 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 19 of 25 City Project Number 104035 T Level B (includes tasks as described for Qualitv Level • Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the project limits, and/or to trace a particular utility line or system. • Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey. Utilize paint or other method acceptable for marking of lines. • Unless otherwise directed, mark centerline of single -conduit lines, and outside edges of multi -conduit systems. • Resolve differences between designated utilities and utility records and surveyed appurtenances. • Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. • As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, utilize other means of data collection, storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the project's survey control. Level A • Expose and locate utilities at specific locations. • Tie horizontal and vertical location of utility to survey control. • Provide utility size and configuration. • Provide paving thickness and type, where applicable. • Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. ASSUMPTIONS Level B SUE limits are within the Project intersection Up to three (3) Level A test holes are included. DELIVERABLES A. Drawing of the project layout with dimensions and coordinate list. B. SUE plan drawings sealed by a professional engineer registered in the State of Texas. City of Fort Worth, Texas Page 20 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 20 of 25 City Project Number 104035 T TASK 9. PERMITTING ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows 9.1 Texas Department of Transportation (TxDOT) Permit • Meet, negotiate and coordinate to obtain approval of the agency issuing the agreement and/or permits. • Completing all forms/applications necessary. • Submitting forms/applications for CITY and TxDOT review • Submitting revised forms for agency review • Responding to agency comments and requests 9.2. Railroad Permit (Not Required) 9.3 Texas Department of Licensing and Regulation (TDLR) • Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project. • ENGINEER is responsible for providing plans that are in compliance with TDLR requirements. • Submit construction documents to the TDLR • Completing all TDLR forms/applications necessary • Obtain the Notice of Substantial Compliance from the TDLR • Request an inspection from TDLR or a TDLR locally approved Registered Accessibility Specialist no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. • Responding to agency comments and requests • All costs associated with TDLR plan review and inspections are to be paid by the ENGINEER during the course of the project. 9.4 Storm Water Pollution Prevention Plan (If required) • 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. 9.5 Environmental Services • Environmental Clearance Documents For Proposed Action (Categorical Exclusion [CE] (D) 13 And Associated Project Management Activities: City of Fort Worth, Texas Page 21 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 21 of 25 City Project Number 104035 T a) Site Visits Photographs and Project Location Map b) Environmental Constraints Map c) INPD I & II Description for TxDOT ECOS d) Technical Reports and Documentation- Categorical Exclusion (CE) d(13) e) Haz Mat Initial Site Assessment (ISA) and Issue Identification & Resolution f) Species Analysis Spreadsheet and Form g) Historic Project Coordination Request (PCR h) Archeological Background Study i) Public Involvement- Notice and Opportunity to Comment • Negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits. • Completing all forms/applications necessary. • Submitting forms/applications for CITY review • Submitting revised forms for agency review • Responding to agency comments and requests 9.6 Floodplain Services (Not Required) ASSUMPTIONS • Permit preparation will begin after approval of the Conceptual Design. • Two (2) meetings are assumed with TxDOT for the Categorical Exclusion (CE) DELIVERABLES A. Copies of Permit Applications B. Copies of Approved Permits City of Fort Worth, Texas Page 22 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 22 of 25 City Project Number 104035 T TASK 10. QUALITY CONTROL / QUALITY ASSURANCE ENGINEER to provide to the City a Quality Control/ Quality Assurance Plan (QC/QA Plan) outlining the ENGINEER's method of ensuring the highest levels of design and accuracy are incorporated into the calculations, plans, specifications, and estimates. ENGINEER is responsible for and shall coordinate all subconsultant activity to include quality and consistency of plans. If, at any time, during the course of reviewing a submittal of any item it becomes apparent to the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may cease its review and return the submittal to the ENGINEER immediately for appropriate action. A submittal returned to the ENGINEER for this reason may be rejected by the CITY Project Manager. 10.1. QC/QA of Survey and SUE Data • The ENGINEER's Surveyor shall perform Quality Control/ Quality Assurance on all procedures, field surveys, data, and products prior to delivery to the CITY. The CITY may also require the ENGINEER's Surveyor to perform a Quality Assurance review of the survey and/or subsurface utility engineering (SUE) work performed by other surveyors and SUE providers. • ENGINEER's Surveyor shall certify in writing via a letter that the survey information provided has undergone a Quality Control/ Quality Assurance process. • ENGINEER's Subsurface Utility Engineering provider shall certify in writing via a letter that the SUE information provided has undergone a Quality Control/ Quality Assurance process. 10.2. QC/QA of Design Documentation • ENGINEER shall perform a QC/QA review of all documents being submitted for review at all stages of the design including the 30%, 60%, and 90% and Final Document design review submittals. QA should be performed by an individual within the firm who is not on the design team. ENGINEER is to acknowledge that each item on the Detailed Checklist has been included by checking "done" on the checklist. If a particular checklist item is not applicable, this should be indicated by checking "N/A". If an entire checklist is not applicable, this should be indicated by checking every item on the list as "N/A" and still included with the submittal. The ENGINEER shall use the Detailed Checklist provided by CITY. • A Comment Resolution Log must be used to document conflicting comments between reviewers and to highlight comments made by the CITY that the ENGINEER is not incorporating into the design documents along with the associated explanation. The ENGINEER shall use the Comment Resolution Log provided by CITY. • The documentation of a QC/QA review includes (1) a copy of the color -coded, original marked -up document (or "check print") developed during the QA checking process and/or review forms which sequentially list documents and associated comments; and (2) a QC sign -off sheet with signatures of the City of Fort Worth, Texas Page 23 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 23 of 25 City Project Number 104035 T personnel involved in the checking process. Mark-ups may also be documented using the Comment Resolution Log. • Evidence of the QC/QA review will be required to accompany all submittals. Documentation shall include, but is not limited to, the following items: - PDF of the completed Detailed Checklists - PDF of the QC/QA check print of the calculations, plans, specifications, and estimates demonstrating that a review has been undertaken; - PDF of previous review comments (if any) and the ENGINERR's responses to those comments in the Comment Resolution Log. • If any of the above information is missing, is incomplete or if any comments are not adequately addressed; the CITY may contact the ENGINEER and request the missing information. If the ENGINEER does not respond to the request within 24 hours, the CITY shall reject the submittal. No additional time will be granted for a returned submittal. • If the ENGINEER has not adequately addressed the comments, the submittal shall be rejected and returned to the ENGINEER immediately to address the issues. ASSUMPTIONS • All submittals to the City will be Quality checked prior to submission. • A PDF of the QC/QA documentation will be uploaded to the project folder in City's document management system (BIM 360) . DELIVERABLES A. QC/QA documentation City of Fort Worth, Texas Page 24 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 24 of 25 City Project Number 104035 FORT ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon — be sure to track changes. the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon — be sure to track changes. in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • Construction Survey services • Attending Public Meetings during construction phase • Regular Project Site Visits during construction City of Fort Worth, Texas Page 25 of 25 Attachment A PMO Release Date: 02.06.2015 Cooks Ln & Brentwood Stair Page 25 of 25 City Project Number 104035 ATTACHMENT B COMPENSATION Design Services for Cooks Ln & Brentwood Stair City Project No. 104035 Time and Materials with Rate Schedule Project Compensation A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category 2022 Rate $/hour 2023 Rate $/hour Project Director 390.00 405.60 Project Manager 259.62 270.00 Project Engineer 178.83 185.98 Engineer -in -Training 112.50 117.00 CAD Designer 81.00 84.24 Administrative Assistant 45.00 46.80 ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non -labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 1 of 4 Cooks Ln & Brentwood Stair City Project Number 104035 AM ATTACHMENT B COMPENSATION iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department, monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 2 of 4 Cooks Ln & Brentwood Stair City Project Number 104035 AM ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant DEC - North Texas, LLC Design & Project Management $89,131.00 65.6 Proposed MBE/SBE Sub -Consultants Poznecki-Camarillo, LLC Environmental Consulting Svcs $23,634.00 17.4 The Rios Group, Inc. Subsurface Utility Engineering $13,000.00 9.6 Non-MBE/SBE Consultants Spooner Surveyors, Inc. Surveying & ROW/Esmt.Svcs. $8,660.00 6.3 RED Ink, Texas TDLR $1,500.00 1.1 TOTAL $135,925.00 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE $135,925.00 $36,634.00 27% City MBE/SBE Goal = 10 % Consultant Committed Goal = 27 % City of Fort Worth, Texas Cooks Ln & Brentwood Stair Attachment B PMO Official Release Date: 8.09.2012 City Project Number 104035 Page 3 of 4 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 4 of 4 Cooks Ln & Brentwood Stair City Project Number 104035 AMA L E cn W d 2 X H 0 X O m O IL uj a W m m 0 d H E d S V y O 7LLH ZrL' Z = a.> d y y y y s W N N R N Q L L— ImO Q >� 0 Cl U_ V 0. CL O cU U 7 7 lC N N > cn cn a cn cn 5 0 0 C N v m LO •N co 0 N N F» u% m C � L ; U — y _V O 3 O � C > — O �» a L Q U) a "a w = N o o 0 0 C E a coO � O N A Q as C y E O O O Ea a O O y Eof 7 ID o O N O N � 0I a "' a CL N d 0 d CL H Y L O C R C LL C O c i N m o G U ,i A M GGo DEC - North Texas, LLC 2501 PARKVIEW DR. SUITE 670 FORT WORTH, TX 76102 CFW Project Manager Supplier's Project Manager: Supplier's PM email: Name of Project: Labor Cateaory 817-763-8883 817-377-2956 ATTN: ACCOUNTS RECEIVABLE, P.O. BOX 22292, HOUSTON, TX 77227 Brendan McInnes, P.E. Douglas E. (Doug) Guinn. P.E., CFM doug.guinn@decoro.com Cooks Ln & Brentwood Stair Name Invoice Supplier Project No. 541301 Proj. Invoice No. Invoice date: Perioery DaDate: m� Service Date:To City Secretary Contract #: P.O. Number: Hours Rate ($/hr) Project Director William Gladbach Project Manager Douglas Guinn Project Engineer Richard Ibarra Engineer -in -Training Various CAD Designer Various Administrative Assistant Various Total Labor Subcontract Service Subcontract Service -Environmental Consulting Svcs. (Poznecki-Camarillo, LLC) Subcontract Service - Subsurface Utility Engineering (The Rios Group, Inc.) Subcontract Service - Surveying & ROW/Esmt.Svcs. (Spooner Surveyors, Inc.) Subcontract Service - TDLR (RED Ink, Texas) Subcontractor Subtotal 10 Percent Markup on Subcontract Services Nonlabor Expense Subtotal Total Expenses (Subcontract Services+Markup+Nonlabor Expenses) TOTAL DUE THIS INVOICE 0.0 Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Cooks Ln & Brentwood Stair City Project Number 104035 d r 0 L co y-+ U) O O d (3) V m O C,6 J N Y Ln 00 c N � m Oo Ea z0 u a O Oa~ (n L �! L L> O Q w = a a3.LL3a E O U o C d V 0) C o � R N � d m C m N V � O 7 > U � � 3 0 > o c > _ m in a c •- d � u L n d y IL v +O+ C in N 3 r a o J o Q U _ C r o 0 Ey C N 7 N Q aE C d � 3 O O Ea Q C L m E � v E c E Z a 0 0 � C d = E 3 a c 0 .0 N N 0 N O O IL m o LLO 0o O Cl) o � � co -O O N O C E m Z � U C N J 'p O T UU k CO f 2 / 2m od /-i � �\ oU� � 0 kk U) ]%■2� , ( 3: f )2 =0 — = L— a au■M6a 0 § 2 � E 0 § E J a a) Or E 0) �0 \� 7� $) kIL 2 0® o\0 SEE 0 -0 4 0 E $D 0 \/ k0 cE E E 'Or_E EZ « 2�§ §§{ tm 0 � § - � ) a j ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Cooks Ln & Brentwood Stair Intersection Improvements City Project No. 104035 No changes to Standard Agreement. City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Cooks Ln & Brentwood Stair Page 1 of 1 City Project Number 104035 FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a "baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth, Texas Attachment D Revision Date: 07.20.2018 Cooks Ln & Brentwood Stair Page 1 of 1 City Project Number 104035 T O. N �m � ao m o� o � � d p m E m Z ay « N C c � O � oo V w o UU Q O Z 0-- -0 z c E �m � u A J Q \ Q Y O O il O U Z N N N N N N N N N� N M M • N \ N N N N \ N N N N N N N M N N N N N N N p N N T N\ Ol l0 N W 00 01 Ol e-I N 'c-I ec-I NC Nc N ei DtC 0tc 00 W .c Mc Mc NC uCt uc1 iCA I.c f c c c c c . . c c v O O O W O O O O O O OO O O O O O O O O O O O O O O O O OOOO O c c c c c Eo o E `o 0 o E E o c.... �, c co N N N N N � It E E .+ E m E E �n u, E o co o co co 0 o f o f "' Q ao m ., ry m v v N 3 v v ry E E E E E E 3 E in 3 3 3 3 E V N M '-I N O '-I N e-I N N •-I N N M N V •-I N N '-I O N O N N '-I M � rl N N e-I N y N O 3 7 A a G u F a° o O � i •_ ._ O. G a? O Y � p O .ti •ia Z c e w w v�� r 3 c — a � '" 6 W o E w rm w y '" c c a 3 y Y N m 'O c W aC h m V Y � v T T 8 M« w o£$ o ° .a ¢ o c o E u° N o£ ~ Y C l°J E H m A 1 O Q ° o 0 m O _ C O C p O O C O w n O f 'u 'u N = m v c o o 3 'o u f �° °' QQ E v o v w aai w u m w e E w a y m= 0 C o. o` 0 a o. ;° _ m y v c C O U a ii m N ry N ry M e vi io n N 3 w a 4 r4 •i 4 r4 •i r4 r4 r4 •i e4 N N N N N N N m M M M M M M M M a V 4 V V 4 1 u v a S. o � � N N L. E m Z W C N c a T o u U w 0 O Z O v a 00 ON � N If V1 V1 N r n N O.. a t0 N C f0 \ N N O \ > O O N ZN v O W VI 7 N o � J M L Z N C N u V N N L N O O N N a` O o a m 0 G m z a E v N m m E C m F J � t0 � N a O u 0 Z M M N N N N N N N N N N N N N N M M V a a O N N N N M N \ e\O-I a a V V \ \ \ \ M ^ \ 1� \ ^ N N N N N \ I(1 N \ N N m N N N ti N rOyl \reCcOOO N eNi eNi eN-I � il c.O Orye-I OrOO O O N,LLyOO oo, 0,Y022i i0i C 4L LL 4Y C O C C C O C O OC OC C C 0 C 00 y, y� O O HY E O E OE J C O£ E O E £ EE-OEvE33 33E C � � E E,E3EEEEy_3 v N n O ti O Vl O O ci ci N m w O O GO GO W O N m N N O N N N N N N O m M O N O M O £ 0 N � O � � � a v ° c — ° m Z £ v 9 lw Z ° c u n c m m v v o v pp w N o Y a Y c C v N N O C t C U £ C E Y M m n Y E uw J a o c o E v m `° m '� lw « E w ° £ 3 0 > v z un y2y v w r m r E 3 L' C. a a N (p y N N>m p N wW 0.0c o3 U° 6° > LL >C -O r wLL°3z i aN zu n a 3 m ry m a Ln Io n oo m ry m ei e-I rl •i rl 'i a -I e-I rl •i ei '-I ei rl rl ei e-I N rl N M c-I N M V Y1 1p e-I N M V Y1 l0 IA N N ill Vf ill V1 V1 N 1p t0 1p l0 lD lU lD t0 l0 I� n n n W GO w w m w m m m m m m m m Q 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. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. 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 Rev. 5.04.21 Page 1 of 3 Cooks Ln & Brentwood Stair City Project Number 104035 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims -made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self -funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 Cooks Ln & Brentwood Stair City Project Number 104035 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 Cooks Ln & Brentwood Stair City Project Number 104035 ACP BAPC 3110114071 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 1. Fellow Employees J. Hired Auto Physical Damage K. Temporary Substitute Autos — Physical Damage Coverage L. Expanded Towing Coverage M. Auto Loan or Lease Coverage N_ Original Equipment Manufacturer Parts — Leased Private Passenger Types O. Deductible Amendments P. 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. Pagel of 7 with its permission Cooks Ln & Brentwood Stair City Project Number 104035 ACP BAPC 311011407 COMMERCIAL AUTO AC 70 06 03 16 A. EFFECT OF THIS ENDORSEMENT Coverage provided under this policy is modified by the provisions of this endorsement. If there is any conflict between the provisions of this endorsement and the provision(s) of any state - specific endorsement also attached to this poli- cy, then the provision(s) of the state -specific endorsement shall apply instead of the provi- sions of this endorsement that are in conflict, but only to the extent of the conflict, and only to the extent necessary to bring such provisions into conformance with the state requirement(s) contained in the provision(s) of the state -specific endorsement. B. NEWLY ACQUIRED OR FORMED ENTITIES The Named Insured shown in the Declarations is amended to include any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority (more than 50%) interest; if there is no other similar in- surance available to that organization. Coverage under this provision is afforded until the 180"' day after you acquire or form the organization or the end of the policy period, whichever is later- C. EMPLOYEES AS INSUREDS — NONOWNED AUTOS The following is added to paragraph A.I. Who Is An Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: d_ Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your per- sonal affairs. D. ADDITIONAL INSURED BY CONTRACT, PERMIT OR AGREEMENT The following is added to A.I. Who Is An In- sured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization that you are re- quired to name as an additional insured in a written contract or agreement that is executed or signed by you prior to a "bodily injury" or "property damage" occurrence is an "insured" for Covered Auto Liability coverage. How- ever, with respect to covered "autos", such person or organization is an insured only to the extent that person or organization qualifies as an "insured" under A.I. Who is an Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: If specifically required by the written contract or agreement referenced in the paragraph above, any coverage provided by this endorsement to an additional insured shall be primary and any other valid and collectible insurance avail- able to the additional insured shall be non- contributory with this insurance. If the written contract does not require this coverage to be primary and the additional insured's coverage to be non-contributory, then this insurance will be excess over any other valid and collectible insur- ance available to the additional insured. E. SUPPLEMENTARY PAYMENTS -- BAIL BONDS Supplementary Payments of SECTION II — COVERED AUTOS LIABILITY COVERAGE is revised as follows: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) re- quired because of an "accident" we cover. We do not have to furnish these bonds. F. SUPPLEMENTARY PAYMENTS — LOSS OF EARN,NGS Supplementary Payments of SECTION II — COVERED AUTOS LIABILITY COVERAGE is revised as follows: (4) All reasonable expenses incurred by the "in- sured" at our request, including actual loss of earnings i4p to $1,O.QCL a day because of time off from work. G. PERSONAL EFFECTS AND PROPERTY OF OTHERS EXTENSION 1. The Care, Custody or Control Exclusion of SECTION II — COVERED AUTOS LIABILITY COVERAGE, does not apply to "property dam- age" to property, other than your property, up to an amount not exceeding $500 in any one "acci- dent". Coverage is excess over any other valid and collectible insurance. 2. The following paragraph is added to A.4. Coverage Extensions of SECTION Ill - PHYSICAL DAMAGE COVERAGE: c. We will pay up to $1,000 for your prop- erty that is lost or damaged as a result of a covered "loss", without applying a deductible. Coverage is excess over any other valid and collectible insur- ance. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. AC 70 06 03 16 with its permission Cooks Ln & Brentwood Stair City Project Number 104035 ACP BAPC 3110114071 H. PREJUDGMENT INTEREST COVERAGE The following paragraph is added to SECTION It - COHERED AUTOS LIABILITY COVERAGE, 2_ Coverage Extensions, a. Supplementary Payments: (7) Prejudgment interest awarded against the "insured" on that part of the judgment we pay_ If we make an offer to pay the appli- cable limit of insurance, we will not pay any prejudgment interest based on that period of time #ter the offer. I. FELLOW EMPLOYEE The Fellow Employee Exclusion of SECTION II - COVERE❑ AUTOS LIABILITY COVERAGE, does not apply if the "bodily Injury' results from the use of a covered "auto" you own or hire. The insurance provided under this provision is excess over any other collectible insurance. J. HIRED AUTO PHYSICAL DAMAGE If covered "auto" designation symbols 1 or 8 ap- ply to Liability Coverage and if at least one "au- to' you own is covered by this policy for Com- prehensive, Specified Causes of Loss, or COIL- sion coverages, then the Physical Damage coverages provided are extended to "autos" you lease, hire, rent or borrow without a driver; and provisions in the Business Auto Coverage Form applicable to Hired Auto Physical Damage apply up to a limit of $125,000. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. Any Compre- hensive deductible does not apply to fire or lightning- K. TEMPORARY SUBSTITUTE AUTOS - PHYSICAL DAMAGE COVERAGE The following is added to paragraph C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I - COVERED AUTOS: If Physical Damage Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physi- cal Damage Coverage: Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"-, or COMMERCIAL AUTO AC 70 06 03 16 e. Destruction The coverage that applies is the same as the coverage provided for the vehicle being replaced. L. EXPANDED TOWING COVERAGE 1. We will pay up to: 'a. $150 for a covered "auto" you own of the private passenger type, or b. $750 for a covered "auto" you own that is not of the private passenger type, for towing and labor costs incurred each time the covered "auto" is disabled_ Howev- er, the labor must be performed at the place of disablement. 2. This coverage applies only for an "auto" covered on this policy for Comprehensive or Specified Causes of Loss Coverage and Collision Coverages. 3. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". M. AUTO LOAN OR LEASE COVERAGE f.- In the event of a total "loss' to a covered "auto", we will pay any unpaid amount due on the loan or lease, including up to a max- imum of $500 for early termination fees or penalties, for your covered "auto" less: a. The amount paid under SECTION III - PHYSICAL DAMAGE COVERAGE of this policy; and b. Any: 1) Overdue ieaselloan payments at the time of the "loss"; 2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high'mileacfe' 3) Security deposits not refunded by a lessor; 4) Costs of extended warranties, Credit Life insurance, Health, Accident, or Disability insurance purchased with the lease; and 5) - Csrry-ova bales anm& from previous leases. 2. This coverage only applies to a "loss" which is also covered under this policy for Com- prehensive, Specified Causes of Loss, or Collision coverage. AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 7 with its permission Cooks Ln & Brentwood Stair City Project Number 104035 ACP BAPC 311011407 COMMERCIAL AUTO AC 70 06 03 16 3. Coverage does not apply to any unpaid amount due on a loan for which the covered "auto" is not the sole collateral. N. ORIGINAL EQUIPMENT MANUFACTURER PARTS -- LEASED PRIVATE PASSENGER TYPES Under Paragraph C. Limit of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE, Section 4 is added as follows: 4_ We will use new original equipment vehicle manufacturer parts for any private passen- ger type covered "auto" where required by the lease agreement which has a term of at least six months. If a new original equip- ment vehicle manufacturer part is not in pro- duction or distribution we may use a like, kind and quality replacement part. O. DEDUCTIBLE AMENDMENTS The following are added to the Deductible provi- sion of SECTION Ill - PHYSICAL DAMAGE COVERAGE: If another policy or coverage form that is not an automobile policy or coverage form issued by this company applies to the same "accident", the following applies: 1. if the deductible under this coverage is the smaller (or smallest) deductible, it will be waived: 2. If the deductible under this coverage is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. If a Comprehensive or Specified Causes of Loss Coverage "loss" from one "accident" involves two or more covered "autos", only the highest deductible applicable to those coverages will be applied to the "accident," if the cause of the loss is covered for those vehicles_ This provision only applies if you carry Comprehensive or Specified Causes of Loss Coverage for those vehicles, and does not extend coverage to any covered "autos" for which you do not carry such coverage. No deductible applies to glass if the glass is re- paired, in a manner acceptable to us, rather than replaced. P. EXPANDED TRANSPORTATION EXP -NSE Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is replaced by the following: curred by you because of the total theft of a covered "auto" of the private passenger type. We will only pay for those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. We will pay for tem- porary transportation expenses incurred during the period beginning 24 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for ifs "loss". Q. EXTRA EXPENSE - STOLEN AUTOS The following paragraph is added to Section A.4. of SECTION III - PHYSICAL DAMAGE COVERAGE: c. We will pay for up to $5,000 for the expense of returning a stolen covered "auto" to you. We will pay only for those covered "autos" for which you carry Comprehensive or Spec- ified Causes of Loss Coverage. R. PHYSICAL DAMAGE LIMIT OF INSURANCE Under SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph C., Limit of Insurance is replaced by the following: C. Limit Of Insurance 1. The most we will pay for "loss" in any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss", or b. The cost of repairing or replacing the damaged or stolen property. 2. $2000 is the most we will pay for "loss" in any one "accident" to all electronic equip- ment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto' manufacturer for the instal- lation of such equipment. b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or c. An integral part of such equipment_ 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". We will pay up to $50 per day to a maAimum 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 AC 70 06 03 16 with its permission. Cooks Ln & Brentwood Stair City Project Number 104035 ACP BAPC 311011407 a. _Be based on an estimate which includes parts furnished by the original equip- ment manufacturer or other sources in- cluding non -original equipment. -mares% facturers and b. If a repair or replacement results in bet- ter than like kind or quality, we will not pay for the amount of the net improve- ment. 5. If we offer to pay the actual cash value of the damaged or stolen property, we will value auto advertising wraps, paint customi- zation, and similar business related advertis- ing modifications, in addition to the actual cash value of the property. Auto advertising wraps, paint customization, and similar business related advertising modifications will be valued at the cost to replace them with an adjustment made for depreciation and phusJicaLQondJion_ S. NEW VEHICLE REPLACEMENT COST The following is added to the Limit of Insurance provision of SECTION III - PHYSICAL DAMAGE COVERAGE: 5_ The provisions of paragraphs 'Land 3_ do not apply to a covered "auto" of the private passenger type or a vehicle with a gross ve- hicle weight rating of 20,000 pounds or less which is a "new vehicle." 7rr fhe event of a total "loss" to your "new ve- hicle" to which this coverage applies, we will pay at your option: a. The verifiable "new vehicle" purchase price you paid for your damaged vehl- cle, not including any insurance or war- ranties purchased; b. If it is available, the purchase price, as negotiated by us, of a "new vehicle" of the same make, model, and equipment or the most sirnilar made, available, not including any furnishings, parts, or equipment not installed by the manufac- turer or manufacturers' dealership; or . c. The market value of your damaged ve- hicle, not including any furnishings, parts, or equipment not installed by the manufacturer or manufacturer's dealer- ship. COMMERCIAL AUTO AC 70 06 03 16 titled and which you purchased less than 365 days before the date of the "loss". 11'. ' PH1ISICAL DAMAGE COVERAGE EXTENSIONS Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Exten- sions, b. Loss of Use Expenses is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision if the Decla- rations indicate that Comprehen- sive Coverage is provided for any covered "auto'; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Cover- age is provided for any covered "auto'; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto_" However, the most we will pay for any expenses for loss of use is $50 per day, to a maximum of $1,500. The insurance provided by this provision is excess over any other collectible insurance. U. BUSINESS INCOME AND EXTRA EXPENSE COVERAGE 1. Business Income Coverage We will pay the actual loss of business in- come sustained by you as a result of the necessary suspension of your business dur- ing the period of restoration due to "loss" to a covered "auto" used in your business. The loss must be caused by a cause of loss cov- ered under item Al of Physical Damage Coverage in this Coverage Part. 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 Ibsa- AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of 7 with its permission Cooks Ln & Brentwood Stair City Project Number 104035 ACP BAPC 3110114071 COMMERCIAL AUTO AC 70 06 03 16 must be caused by a cause of loss fisted under item Al of Physical Damage Cover- age in this Coverage Part. Extra Expenses means those expenses you incur to avoid or minimize the suspension of business and to continue your business operations_ 3. Additional Conditions We will not pay for "loss" or expenses caused by suspension, lapse or cancellation of any license, lease or contract_ But if the suspension, lapse or cancellation is directly caused by the suspension of your business, we will cover such "loss" that affects your business income. We will not pay under this coverage if you do not repair or replace the covered "auto". You must resume all or part of your business as quickly as possible. If you have other autos you can use to reduce the amount of loss payable under this cov- erage, you are required to use them. We will pay for expenses you incur to reduce the amount that otherwise would have been payable under this coverage. We will not pay more than the amount by which you ac- tually reduce the business income loss or extra expense incurred_ 4. Limit kM The most we will pay for "loss" arising out of one covered "auto' is $10,000 per loss with an annual aggregate of $20,000. Payment W applies in addition to the otherwise applica- ble amount of each coverage you have on a covered "auto". 5. Definitions a, "Business Income" means the: 1.). Net income (Net profit or loss before income taxes) that would have been earned or incurred if no loss would have occurred; and 2.). Continuing normal operating expenses incurred, including payroll. b. "Period of Restoration" means the period of time that: 1.). Begins: (a) 24 hours after the time of loss for Business Income Coverage; or (b) imnTedlately after the time of loss for Extra Expense Coverage; and 2.) Ends at the earliest of: (a) The time required to resume your normal business opera- tions; or (b) The time that is reasonably neQessary to repair or replace the ofivared auto with a maxi- mum time period of 180 days. Period of Restoration does not include any increased period required due to the enforcement of any ordinance or law that re- quires any insured or others to test for, monitor, clean up, re- move, contain, treat, detoxify or neutralize or in any way respond to of'asse8s tMe effects of poilu- tants. The expiration date of this policy will not cut short the peri- od of restoration. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: We waive any right of recovery we may have against any person or organization to the extent required of you by a written con- tract executed prior to any "accident" be- cause of payments we make for damages under this coverage form. NOTICE OF AND KNOWLEDGE OF OCCURRENCE SECTION IV -- BUSINESS AUTO CONDITIONS, Paragraph A is amended as follows: 6_ NOTICE OF AND KNOWLEDGE OF OCCURRENCE a. Your obligation in the Duties in the Event of Accident, Claim, Suit or Loss Condi- tion relative to notification require- ments applies only when the "accident" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership- (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. b. Your obligation in the. Duties in the Event of Accident, Claim, Suit or Loss Condition relative to providing us with documents 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 Cooks Ln & Brentwood Stair City Project Number 104035 ACP BAPC 311011407 considered breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. X. HIRED CAR — COVERAGE TERRITORY Item (5) of the Policy Period, Coverage Territory General Condition is replaced by the following: :z5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and Y. EMERGENCY LOCKOUT We will reimbwse yotl up to $ i fat reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto"- subject to these provisions: 1. Your door key, electronic key or key entry pad has been lost, stolen or locked in your COMMERCIAL AUTO AC 70 06 03 16 covered "auto' and you are unable to enter such "auto" , or Your keyless entry device battery dies and you are unable to enter such "auto" as a result, Your key, electronic key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and Original copies of receipts for services of a locksmith must be provided before reimbursement is payable. Z. CANCELLATION CONDITION Paragraph A.2. of the COMMON POLICY CONDITION — CANCELLATION applies except as follows: If we cancel for any reason other than nonpay- ment of premium, we will mail or deliver to the First Named Insured written notice of cancella- tion at least 60 days before the effective date of cancellation. This provision does not apply in those states that require more than 60 days prior notice of cancellation. AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 7 of 7 with its permission Cooks Ln & Brentwood Stair City Project Number 104035 ACP BAPC 3110114071 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 Coverage provided under this policy is modified by the provisions of this endorsement. If there is any conflict between the provisions of this endorsement and the provision(s) of any state - specific endorsement also attached to this policy, then the provision(s) of the state -specific endorsement shall apply instead of the provisions of this endorsement that are in conflict, but only to the extent of the conflict, and only to the extent necessary to bring such provisions into conformance with the state requirement(s) contained in the provision(s) of the state -specific endorsement. B. CHANGES FOR TRAILERS AND FARM EQUIPMENT 1. Under SECTION I - COVERED AUTOS, the following are added to Paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos: 4. "Trailers" designed to be towed by a pri- vate passenger type "auto" or a pickup, panel truck or van if not used for busi- ness purposes, other than farming or ranching. 5. Farm wagons or farm implements while being towed by a covered "auto". C. CHANGES FOR ADDITIONAL NEWLY ACQUIRED VEHICLES 1. Paragraph B.2 of SECTION I - COVERED AUTOS is replaced by the following: 2. If Symbol 7 is entered next to coverage in Item Two of the Declara- tions, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover at least one "auto" you own for that coverage or it rep- laces an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. The most we will pay for Physical Damage Coverage for "loss" under this Coverage Ex- tension is $100,000 per "auto", subject to the largest deductible applicable to any "au- to" for that Coverage. D. AUTOS HIRED OR RENTED BY EMPLOYEES If hired or rented "autos" are covered "autos" on this policy, the following provisions apply: A. Changes In Covered Autos Liability Coverage The following is added to the Who Is An Insured Provision in SECTION II — COVERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. B. General Conditions Paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form is replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". E. EMERGENCY LOCKOUT -PRIVATE PASSENGER VEHICLES Added in SECTION II — COVERED AUTOS LIABILITY COVERAGE, A.2 Coverage Extensions: AC 70 07 03 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 Cooks Ln & Brentwood Stair City Project Number 104035 AC 70 07 03 16 ACP BAPC 3110114071 We will reimburse you up to $50 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto" of the private passenger type subject to these provisions: 1. Your door key or key entry pad has been lost, stolen or locked in your covered "auto" and you are unable to enter such "auto" , or 2. Your key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and 3. Original copies of receipts for services of a locksmith must be provided before reimbursement is payable. F. REPLACED EXCLUSIONS In SECTION It — COVERED AUTOS LIABILITY COVERAGE B.1. Expected or Intended Injury is replaced by the following: "Bodily injury" or "property damage" which is expected or intended by the "insured". This exclusion applies even if the resulting "bodily injury" or "property damage": a. is of a different kind, quality or degree than initially expected or intended; or b. is sustained by a different person, entity, real property, or personal property than that initially expected or intended. G. ADDITIONAL EXCLUSIONS The following exclusions are added to SECTION Ii — COVERED AUTOS LIABILITY COVERAGE, B. Exclusions: Damage to Named Insured's Property Any claim or "suit" for "property damage" by you or on your behalf against any other person or entity that is also a Named Insured under this policy. Abuse or Molestation "Bodily injury" or "property damage" arising out of: a. The actual or threatened abuse or molestation by anyone or any person while in the care, custody or control of any "insured", or b. The negligent: 1) Employment; 2) Investigation; 3) Supervision; 4) Reporting to the proper authorities, or failure to so report; or 5) Retention; of a person for whom any "insured" is or ever was legally responsible and whose conduct would be excluded by Paragraph a. above. Abuse means an act which is committed with the intent to cause harm. Explosives "Bodily injury" or "property damage" caused by the explosion of explosives you make, sell or transport. Rolling Stores If a covered "auto" is a rolling store, "bodily injury" or "property damage" resulting from the handling, use or condition of any item the "insured" makes, sells or distributes if the injury or damage occurs after the "insured" has given up possession of the item. Wrong Delivery of Liquid Products "Bodily injury" or "property damage" result- ing from the delivery of any liquid into the wrong receptacle or to the wrong address, or from the delivery of one liquid for another, if the "bodily injury" or "property damage" occurs after the delivery has been completed. Delivery is considered completed even if further service or maintenance work, or correction, repair or replacement is required be- cause of wrong delivery. Professional Services "Bodily injury": a. Resulting from the providing or the failure to provide any medical or other professional services. b. Resulting from food or drink furnished with these services. c. "Bodily injury" or "property damage" resulting from the handling of corpses. H. ACCIDENTAL AIRBAG DISCHARGE COVERAGE Under Paragraph B.3.a. of SECTION III — PHYSICAL DAMAGE COVERAGE the following is added: Mechanical breakdown does not include the accidental discharge of an airbag. I. PHYSICAL DAMAGE LIMIT OF INSURANCE Under SECTION III —PHYSICAL DAMAGE COVERAGE, Paragraph C., Limit of Insurance is replaced by the following: C. Limit Of Insurance 1. The most we will pay for "loss" in any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss", or b. The cost of repairing or replacing the damaged or stolen property. Page 2 of 4 Includes copyrighted material of insurance Services office, Inc., with its permission. AC 70 07 03 16 Cooks Ln & Brentwood Stair City Project Number 104035 ACP BAPC 3110114071 AC 70 07 03 16 2. $1,000 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment. b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 4. The cost of repairing or replacing may: a. Be based on an estimate which includes parts furnished by the original equipment manufacturer or other sources including non -original equipment manufacturers and b. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the net improvement. 5. If we offer to pay the actual cash value of the damaged or stolen property, we will value auto advertising wraps, paint customization, and similar business related advertising modifications, in addition to the actual cash value of the property. Auto advertising wraps, paint customization, and similar business related advertising modifications will be valued at the cost to replace them with an adjustment made for depreciation and physical condition. J. GLASS REPAIR —WAIVER OF DEDUCTIBLE Under Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. K. MOTOR HOME OR RECREATIONAL VEHICLE CONTENTS NOT COVERED I. For a covered "auto" that is a motor home the following exclusions are added to the SECTION III — PHYSICAL DAMAGE COVERAGE 2. Motor Home Contents This insurance does not apply to: a. "Loss" to the covered "auto's" contents, except equipment usual to trucks or private passenger "autos". b. "Loss" to TV antennas, awnings or cabanas. c. "Loss" to equipment designed to create added living facilities. However, these exclusions do not apply if coverage has been added to the policy elsewhere by endorsement. L. AMENDED DEITIES IN EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS The requirement in Loss Condition 2.a. Duties In the Event Of Accident, Claim, Suit Or Loss —of Section IV - BUSINESS AUTO CONDITIONS SECTION that you must notify us of an "accident", "claim", "suit", or "loss" applies only when the "accident", "claim", "suit", or "loss" is known to : 1. You, if you are an individual 2. A partner, if you are a partnership; 3. An executive officer or the employee designated by you to give such notice if you are a corporation; or 4. A member, if you are a limited liability company. M. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Section IV - BUSINESS AUTO CONDITIONS SECTION is amended by the addition of the following: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. N. LIBERALIZATION Paragraph 3 of the General Conditions is replaced by the following: If we adopt any revision that would broaden the coverage under this policy without additional premium within 60 days prior to or during the policy period, the broadened coverage will immediately apply to this policy. AC 70 07 03 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4 Cooks Ln & Brentwood Stair City Project Number 104035 ACP BAPC 3110114071 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 Cooks Ln & Brentwood Stair City Project Number 104035 POLICY NUMBER: ACID GLAO 31100114071 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- DINNERS, 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 I Name Of Additional Insured Person(s) Or Organization(s) I 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are CG 20 37 04 13 required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All terms and conditions apply unless modified by this endorsement. © Insurance Services Office, Inc., 2012 Page 1 of 1 Cooks Ln & Brentwood Stair City Project Number 104035 ACP GLAO 31100114071 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 ill - Limits of Insurance. 1. Paragraph (2)(a) of Exclusion g. Aircraft, Auto Or Watercraft is replaced with: (a) Less than 51 feet long; and 2. The following is added to Exclusion j. Damage To Property: (a) Paragraphs (3) and (4) does not apply to "property damage" to borrowed equipment while not in use, while at the insured's premises or a job site; or (b) Paragraph (4) does not apply "property damage" to customers goods while on the insured's premises for the purpose of being worked on or used in a manufacturing process. Limit of Insurance - The most we will pay for damages for "property damage" coverage provided by this coverage in any one "occurrence" is $10,000. Deductible - Our obligation to pay for a covered loss applies only to the amount of loss in excess of $500. We will pay the deductible amount to effect settlement of any claim or "suit" and, upon notification of this action having been taken, you shall promptly reimburse us for the deductible as has been paid by us. This insurance is excess over any other valid and collectible insurance. 3. The last paragraph of 2. Exclusions is replaced with: If Damage To Premises Rented To You is not otherwise excluded, exclusions c. through In. d❑ not apply to damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you rented to you or temporarily occupied by you SECTION I -- COVERAGES, SUPPLEMENTARY PAYMENTS -- COVERAGES A AND B is amended as follows: 1. Paragraph 1. b. is replaced with: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1. d. is replaced with: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION li — WHO IS AN INSURED is amended as follows: 1. Paragraph 3. a. is replaced with: a. Coverage under this provision is afforded only until the 1801h day after you acquire or form the organization or the end of the policy period, whichever is earlier; 2. The following is added: 4. Additional Insured — Automatic Status When Required In An Agreement With You Who Is An Insured includes person(s) or organization(s) described in Paragraphs a. — i. below with whom you have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. a. Co -Owners Of Insured Premises — with respect to their liability as co-owner of the premises. CG 72 12 12 16 includes copyrighted material of ISO Properties, Inc., with its Page 1 of 5 permission. Cooks Ln & Brentwood Stair City Project Number 104035 ACP GLAO 31100114071 CG72121216 However, their status as additional insured under this policy ends when you cease to co-own such premises with that person or organization. b. Controlling Interest — with respect to their liability arising out of their financial' control of you; or premises they own, maintain, or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. However, their status as additional insured under this policy ends when they cease to have such controlling interest. c. Grantor of Franchise or License — with respect to their liability as grantor of a franchise or license to you. However, their status as additional insured under this policy ends: (1) when their contract or agreement with you granting the franchise or license ends or expires; or (2) when your license is terminated or revoked prior to expiration of the license as stipulated by the contract or agreement. d. Lessors of Leased Equipment — with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by your maintenance, operation or use of equipment leased to you by such person(s) or organ ization(s). This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. However, their status as additional insured under this policy ends when their lease, contract, or agreement with you for such leased equipment ends. e. Managers, or Lessors of Premises — with respect to liability arising out of the ownership, maintenance, or use of that part of the premises leased to you. This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. Structural alterations, new construction, or demolition operations performed by or on behalf of the person or organization. However, their status as additional insured under this policy ends when you cease to be a tenant of such premises. f. Mortgagee, Assignee, or Receiver — with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new constructions, and demolition operations performed by or for that person or organization. However, their status as additional insured under this policy ends when their status as mortgagee, assignee, or receiver ends. g. Owners or Other Interest from Whom Land has been Leased — with respect to their liability arising out of the ownership, maintenance, or use of that part of the land leased to you. This insurance does not apply to: (1 ) Any "occurrence" which takes place after you cease to lease the land; or (2) Structural alterations, new construction, or demolition operations performed by or on behalf of the person or organization. However, their status as additional insured under this policy ends when you cease to lease that land. h. State or Political Subdivisions — Permits Relating to Premises — with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent, or control and to which this insurance applies: (1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal Page 2 of 5 Includes copyrighted material of ISO Properties, Inc., with its CG 72 12 12 16 permission. Cooks Ln & Brentwood Stair City Project Number 104035 ACP GLAO 31100114071 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 "property dama e" () l y g (f) Demonstration, installation, or "personal or advertising injury" servicing, or repair operations, arising out of operations performed except such operations for the state or municipality; or performed at the vendor's premises in connection with the (2) "Bodily injury" or "property damage" sale of the product; included within the "products- (g) Products which, after completed operations hazard"' 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; 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 behaff. 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 lSO Properties, Inc., with its Page 3 of 5 permission. Cooks Ln & Brentwood Stair City Project Number 104035 ACP GLAO 31100114071 CG72121216 With respect to the insurance afforded to such additional insureds a. — d. described above the following is added to the Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. However, this insurance afforded to such additional insureds a. — i. described above: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. SECTION III — LIMITS OF INSURANCE 1. The following is added to Paragraph 2: The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. 2. Paragraph 6. Is replaced with: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or sprinkler leakage, while rented to or temporarily occupied by you with permission of the owner. The limit is increased to $1,000,000. 3. Paragraph 7. is replaced with: 7. Subject to 5. above, the higher of: a. $10,000; or b. The amount shown in the Declarations for Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by one person. This coverage does not apply if Coverage C - Medical Payments is excluded either by the provisions of any coverage forms attached to the policy or by endorsement. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit is amended to include: Knowledge of an "occurrence", offense, claim or "suit" by an agent or employee of any insured shall not in itself constitute knowledge of the insured unless you, a partner, if you are a partnership; or an executive officer or insurance manager, if you are a corporation receives such notice of an "occurrence", offense, claim or "suit" from the agent or employee. 2. Paragraph b. Excess Insurance (1 ) (b) (ii) of condition 4. Other Insurance is replaced with: (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; 3. Condition 6. Representations is amended to include: d. Your failure to disclose all hazards or prior "occurrences" or offenses existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" or offenses is not intentional. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. 4. Condition 8. Transfer Of Rights Of Recovery Against Others To Us is amended to include: If required by a written contract executed prior to loss, we waive any right of subrogation we may have against the contracting person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". 5. The following condition is added: 10. Liberalization If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. Page 4 of 5 Includes copyrighted material of lSO Properties, Inc., with its CG 72 12 12 16 permission. Cooks Ln & Brentwood Stair City Project Number 104035 ACP GLAO 31100114071 SECTION V — DEFINITIONS 1. Definition 3. "Bodily Injury" is replaced with: CG72121216 or death resulting from any of these at any 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. Cooks Ln & Brentwood Stair City Project Number 104035 ACP GLAO 3110011407 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 include as an additional insured any person or or- ganization you are required to add as an addition- nal insured in a written contract or agreement. Such person or organization is an additional in- sured only with respect to liability for "bodily in- jury", "property damage" or "personal and adver- tising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an addition- al insured under this endorsement ends when your operations for that additional insured are completed. No such person or organization is an additional insured for liability arising out of the "products - completed operations hazard". However, if you have entered into a construction contract subject to Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code with an additional insured, the insurance af- forded to such person(s) or organization(s) only applies to the extent permitted by Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code. B. With respect to the insurance afforded to these additional insureds, the following exclusions are added to Paragraph 2., Exclusions of Section I — Coverage A Bodily Injury and Property Dam- age Liability and Paragraph 2., Exclusions of Section I — Coverage B -- Personal and Adver- tising Injury Liability: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the ren- dering of, or the failure to render, any profes- sional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders, change orders or drawings and spe- cifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, Condition 4. Other Insurance of Section IV — Commercial General Liability Conditions is replaced by the following: 4. Other Insurance a. Primary Insurance CG 74 32 05 12 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 2 with its permission. Cooks Ln & Brentwood Stair City Project Number 104035 ACP GLAO 3110011407 CG 74 32 05 12 This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or (2) The coverage afforded by this insur- ance is primary and non-contributory with the additional insured's own in- surance. Paragraphs (1) and (2) do not apply to other insurance to which the addi- tional insured has been added as an additional insured or to other insur- ance described in paragraph b. be- low. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a te- nant for "property damage" to premises rented to you or tempo- rarily occupied by you with per- mission of the owner; or (d) If the loss arises out of the main- tenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I -- Coverage A — Bodily Injury And Property Damage Liability (e) That is any other insurance avail- able to an additional insured un- der this endorsement covering liability arising out of the premises or operations, or products com- pleted operations, for which the additional insured has been added as an additional insured by that other in- surance. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional in- sured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insur- ance;and (b) The total of all deductible and self -insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insur- ance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Dec- larations of this Coverage Part. c. Method Of Sharing If all of the other insurance available to the additional insured permits contribution by equal shares, we will follow this me- thod also. Under this approach each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance available to the additional insured does not permit contribution by equal shares, we will con- tribute by limits. Under this method, each insurer's share is based an the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insur- 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. Cooks Ln & Brentwood Stair City Project Number 104035 ACP GLAO 3110011407 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 include as an insured: 1. Any person or organization to whom you are obligated by "written contract" to provide additional insured coverage under your policy. Such person or organization is an additional insured only with respect to liability for- a. "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your acts or omissions, or those acting on your behalf, in the performance of "your work" for the additional insured and included in the "products -completed operations hazard" which was performed for the additional insured as specified under the "written contract". However, when you are required by "written contract" to provide coverage arising out of "your work", then Paragraph A.1.b below applies in place of Paragraph A.1.a above. b. "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work", by your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of "your work" for the additional insured and included in the "products -completed operations hazard" which was performed for the additional insured as specified under the "written contract". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. The insurance afforded to such additional insured will not be broader than that which you are required by the "written contract" to provide for such additional insured. B. Exclusions With respect to the insurance afforded to the additional insured, the following exclusion is added: The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising Out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change Orders, drawings, or specifications; or 2. Supervisory, inspection, architectural, or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training, or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved in the rendering of, or the failure to render, any professional architectural, engineering, or surveying services. CG 81 11 09 17 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2 with its permission. Cooks Ln & Brentwood Stair City Project Number 104035 ACP GLAO 31100114071 CG 81 11 09 17 C. With respect to the insurance afforded to these additional insureds, the following Is added to Section III -- Limits Of Insurance: The most we will pay on behalf of the additional insured(s) is the amount of insurance: 1. Required by the "written contract"; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. D. The following definition is added to the Definitions section: "Written contract" means a contract or agreement made on either a printed or electronic document, signed by both parties, that requires you to make a person or organization an additional insured on this Coverage Part, provided that the contract or agreement: 1. Is currently in effect or becomes effective during the policy period; and 2. Was executed prior to the "bodily injury" or "property damage" or the offense that 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. Cooks Ln & Brentwood Stair City Project Number 104035 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 for 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 Insured Insurance Company WC 42 03 04 B 06 14 Policy No. ACP WCA 3110114071 Endorsement No, Premium: Countersigned by © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. Cooks Ln & Brentwood Stair City Project Number 104035 M&C Review Page 1 of 2 CITY COUNCIL AGENDA Create New From This M&C Official site of the City of Fort Worth, Texas FORTWORTH REFERENCE **M&C 22- 2000OKS LN AND DATE: 11/29/2022 NO.: 1009 LOG NAME: BRENTWOOD STAIR RD ENGINEERING CONTRACT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 5) Authorize Execution of an Engineering Services Agreement with DEC - North Texas, LLC in the Amount of $135,925.00 for the Cooks Lane and Brentwood Stair Road Intersection Improvements Project (City Project No. 104035) (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize execution of an engineering services agreement with DEC - North Texas, LLC in the amount of $135,925.00 for the Cooks Lane and Brentwood Stair Road Intersection Improvements project (City Project No. 104035). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of an engineering services agreement with DEC - North Texas, LLC for the design of improvements at the intersection of Cooks Lane and Brentwood Stair Road. This agreement will allow the engineer to produce preliminary and final plans; perform traffic analyses, geotechnical investigations and subsurface utility engineering; create specifications, cost estimates and right-of-way exhibits; and provide bidding and construction management services for the project. The Cooks Lane and Brentwood Stair Road Intersection Improvements project is anticipated to consist of new signals with flashing yellow arrow, intersection safety lighting on signal poles, improved northbound and southbound offset left turn lanes, pavement markings and constructing new pedestrian curb ramps for American Disabilities Act (ADA) compliance. The funding for this project will come from the 2022 Bond Program that was authorized on August 23, 2022 with M&C 22-0599. DEC - North Texas, LLC was selected for this project based on the pre -qualified list of firms from Category-2 of the Request for Qualifications advertised in August 2020 for various capital project improvements. The Intersection Improvement Category 2 required a Request For Additional Information (RFAI) submission for the final selection process. City staff performed this RFAI process this summer which resulted in thirteen firms being chosen for award of multiple design agreements. DEC - North Texas, LLC was chosen for this project. 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). Funding is budgeted in the 2022 Bond Program Fund for the purpose of funding the Cooks Ln & Brentwood Stair project, as appropriated. DEC - North Texas, LLC is in compliance with the City's Business Equity Ordinance by committing to 10\% Business Equity participation on this project. The City's Business Equity goal on this project is 10\%. http://apps.cfwnet.org/council packet/mc review. asp?ID=3 05 62&councildate= 11/29/2022 12/8/2022 M&C Review Page 2 of 2 This project is located in COUNCIL DISTRICT 5.? FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget as previously appropriated, in the 2022 Bond Program Fund for the Cooks Ln and Brentwood Stair project to support the approval of the recommendation and execution of the agreement.? Prior to an expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. T 7��- Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account I 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) ATTACHMENTS 104035 MAYOR AND COUNCIL COMMUNICATION MAP.docx (Public) 104035- Contract Compliance Memo.pdf (Public) 104035- FID Table.pdf (CFW Internal) 2000OKS LN AND BRENTWOOD STAIR RD ENGINEERING CONTRACT.docx (CFW Internal) Cooks Ln & Brentwood005426 Form 1295 Certificate 100962331.docx SAM.pdf (CFW Internal) (CFW Internal) http://apps.cfwnet.org/council packet/mc review. asp? I D=3 05 62&councildate= 11/29/2022 12/8/2022 104035-EPAG-Cooks Ln & Brentwood Stair Design PSA Final Audit Report 2023-01-05 Created: 2022-12-06 By: Andrea Munoz (And rea.M u noz@fortworthtexas.gov) Status: Canceled / Declined Transaction ID: CBJCHBCAABAALV_ys038OOh2WLMsmNEfP4YSOC9RchMZ "104035-EPAG-Cooks Ln & Brentwood Stair Design PSA" Histor Y Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2022-12-06 - 4:40:22 PM GMT- IP address: 204.10.90.100 Document emailed to Misty.Davila@fortworthtexas.gov for filling 2022-12-06 - 5:04:03 PM GMT Document emailed to brendan.mcinnes@fortworthtexas.gov for filling 2022-12-06 - 5:04:03 PM GMT Document emailed to william.gladbach@decorp.com for signature 2022-12-06 - 5:04:03 PM GMT Document emailed to Chad.Allen@fortworthtexas.gov for signature 2022-12-06 - 5:04:03 PM GMT Email viewed by william.gladbach@decorp.com 2022-12-06 - 5:10:01 PM GMT- IP address: 64.156.75.70 G Signer william.gladbach@decorp.com entered name at signing as William M. Gladbach 2022-12-06 - 5:12:15 PM GMT- IP address: 64.156.75.70 Document e-signed by William M. Gladbach (william.gladbach@decorp.com) Signature Date: 2022-12-06 - 5:12:17 PM GMT - Time Source: server- IP address: 64.156.75.70 Email viewed by Misty. Davila@fortworthtexas.gov 2022-12-06 - 5:45:07 PM GMT- IP address: 204.10.90.100 :%�, Signer Misty. Davila@fortworthtexas.gov entered name at signing as Misty Monique Davila 2022-12-06 - 7:47:21 PM GMT- IP address: 204.10.90.100 FORTW❑RTHg I P—md"Y Adobe Acrobat Sign Uo Form filled by Misty Monique Davila (Misty.Davila@fortworthtexas.gov) Form filling Date: 2022-12-06 - 7:47:23 PM GMT - Time Source: server- IP address: 204.10.90.100 Email viewed by brendan.mcinnes@fortworthtexas.gov 2022-12-06 - 9:58:35 PM GMT- IP address: 104.28.97.20 Email viewed by brendan.mcinnes@fortworthtexas.gov 2022-12-07 - 11:00:15 PM GMT- IP address: 172.226.176.2 Signer brendan.mcinnes@fortworthtexas.gov entered name at signing as Brendan McInnes 2022-12-08 - 1:53:58 PM GMT- IP address: 70.241.106.163 Brendan McInnes (brendan.mcinnes@fortworthtexas.gov) uploaded the following supporting documents: M&C 2022-12-08 - 1:54:00 PM GMT Form filled by Brendan McInnes (brendan.mcinnes@fortworthtexas.gov) Form filling Date: 2022-12-08 - 1:54:00 PM GMT - Time Source: server- IP address: 70.241.106.163 Email viewed by Chad.Allen@fortworthtexas.gov 2022-12-15 - 8:18:07 PM GMT- IP address: 204.10.90.100 Signer Chad.Allen@fortworthtexas.gov entered name at signing as Chad Allen 2022-12-15 - 8:20:49 PM GMT- IP address: 204.10.90.100 Document e-signed by Chad Allen (Chad.Allen@fortworthtexas.gov) Signature Date: 2022-12-15 - 8:20:51 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to Lissette.Acevedo@fortworthtexas.gov for filling 2022-12-15 - 8:20:55 PM GMT Email viewed by Lissette.Acevedo@fortworthtexas.gov 2022-12-15 - 9:06:57 PM GMT- IP address: 204.10.90.100 _,4 Signer Lissette.Acevedo@fortworthtexas.gov entered name at signing as Lissette Acevedo 2022-12-15 - 9:07:43 PM GMT- IP address: 204.10.90.100 Form filled by Lissette Acevedo (Lissette.Acevedo@fortworthtexas.gov) Form filling Date: 2022-12-15 - 9:07:45 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to Michael.Owen@fortworthtexas.gov for filling 2022-12-15 - 9:07:49 PM GMT Email viewed by Michael.Owen@fortworthtexas.gov 2022-12-18 - 8:30:32 PM GMT- IP address: 204.10.90.100 Signer Michael.Owen@fortworthtexas.gov entered name at signing as Michael Owen 2022-12-18 - 8:43:10 PM GMT- IP address: 204.10.90.100 FORTW❑RTHg I P—mdby Adobe Acrobat Sign Form filled by Michael Owen (Michael.Owen@fortworthtexas.gov) Form filling Date: 2022-12-18 - 8:43:12 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to Lauren.Prieur@fortworthtexas.gov for signature 2022-12-18 - 8:43:16 PM GMT Email viewed by Lauren.Prieur@fortworthtexas.gov 2022-12-19 - 3:18:26 AM GMT- IP address: 108.209.194.42 Signer Lauren.Prieur@fortworthtexas.gov entered name at signing as Lauren Prieur 2022-12-19 - 3:18:52 AM GMT- IP address: 108.209.194.42 _zo Document e-signed by Lauren Prieur (Lauren.Prieur@fortworthtexas.gov) Signature Date: 2022-12-19 - 3:18:54 AM GMT - Time Source: server- IP address: 108.209.194.42 Document emailed to Priscilla.Ramirez@fortworthtexas.gov for approval 2022-12-19 - 3:18:58 AM GMT Email viewed by Priscilla.Ramirez@fortworthtexas.gov 2022-12-29 - 3:10:04 PM GMT- IP address: 97.99.130.152 Email viewed by Priscilla.Ramirez@fortworthtexas.gov 2022-12-30 - 6:49:07 PM GMT- IP address: 174.243.248.252 Document emailed to Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) for approval 2023-01-04 - 2:31:12 PM GMT Email viewed by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2023-01-04 - 2:37:59 PM GMT- IP address: 204.10.90.100 60Document approved by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) Approval Date: 2023-01-04 - 2:38:15 PM GMT - Time Source: server- IP address: 204.10.90.100 12+ Document emailed to Douglas.Black@fortworthtexas.gov for signature 2023-01-04 - 2:38:16 PM GMT e4D Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) added alternate signer Richard.McCracken@fortworthtexas.gov. The original signer Douglas.Black@fortworthtexas.gov can still sign. 2023-01-04 - 2:55:01 PM GMT- IP address: 204.10.90.100 y Document emailed to Richard.McCracken@fortworthtexas.gov for signature 2023-01-04 - 2:55:01 PM GMT Email viewed by Richard.McCracken@fortworthtexas.gov 2023-01-05 - 4:07:45 PM GMT- IP address: 204.10.90.100 Document canceled by Andrea Munoz (Andrea. M u noz@fortworthtexas.gov) 2023-01-05 - 10:22:54 PM GMT- IP address: 204.10.90.100 FORTW❑RTHg I Pawered8v Adobe Acrobat Sign FORTWORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Cooks Ln & Brentwood Stair D M&C: 22-1009 CPN: 104035 CSO: n PSA DOC#: 1 Date: To: Name Department Initials Date Out 1. Misty Monique -Davila — BSP TPW - initial M~ Dec 6, 2022 2. Brendan McInnes — Project Manager TPW - initial a Dec 8, 2022 3. Chad Allen — Interim Program Mngr TPW - signature Dec 15, 2022 4. Lissette Acevedo - Interim Snr CPO TPW -initial Dec 15, 2022 5. Michael Owen — Interim Asst. Director TPW - initial Mo Dec 18, 2022 6. Lauren Prieur — Interim Director TPW - signature «, Dec 18, 2022 7 Jeremy Anato-Mensah Legal - signature Jan 6, 2023 8 William Johnson CMO - signature , Jan 9, 2023 9 Jannette Goodall CSO - signature i'. Jan 9, 2023 10. TPW Contracts TPW 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 Reguired: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File 0 M &C ❑ Attach Signature, Initial and Notary Tabs Return To: TPWContracts0fortworthtexas gov, for pick up when completed; list "Please call Brendan Cal ext # 2817 for questions Thank you. " Updated 08.22.2022, mdhm