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HomeMy WebLinkAboutContract 59417CSC No. 59417 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality ("CITY"), and IEA, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: 2022 Bond Year 3 Contract 18 — Project No. 104324. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to $523,498.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. City of Fort Worth, Texas 2022 Bond Year 3 Contract 18 Standard Agreement for Engineering Related Design Services City Project No. 104324 Revised Date: November 23, 2021 Page 1 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth, Texas 2022 Bond Year 3 Contract 18 Standard Agreement for Engineering Related Design Services City Project No. 104324 Revised Date: November 23, 2021 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the contract documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. City of Fort Worth, Texas 2022 Bond Year 3 Contract 18 Standard Agreement for Engineering Related Design Services City Project No. 104324 Revised Date: November 23, 2021 Page 3 of 15 F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. City of Fort Worth, Texas 2022 Bond Year 3 Contract 18 Standard Agreement for Engineering Related Design Services City Project No. 104324 Revised Date: November 23, 2021 Page 4 of 15 I. Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), the City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. Engineer acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is Engineer's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in City of Fort Worth, Texas 2022 Bond Year 3 Contract 18 Standard Agreement for Engineering Related Design Services City Project No. 104324 Revised Date: November 23, 2021 Page 5 of 15 effect as of the time copying is performed. K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Fort Worth, Texas 2022 Bond Year 3 Contract 18 Standard Agreement for Engineering Related Design Services City Project No. 104324 Revised Date: November 23, 2021 Page 6 of 15 P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. City of Fort Worth, Texas 2022 Bond Year 3 Contract 18 Standard Agreement for Engineering Related Design Services City Project No. 104324 Revised Date: November 23, 2021 Page 7 of 15 F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. City of Fort Worth, Texas 2022 Bond Year 3 Contract 18 Standard Agreement for Engineering Related Design Services City Project No. 104324 Revised Date: November 23, 2021 Page 8 of 15 I. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. City of Fort Worth, Texas 2022 Bond Year 3 Contract 18 Standard Agreement for Engineering Related Design Services City Project No. 104324 Revised Date: November 23, 2021 Page 9 of 15 D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual City of Fort Worth, Texas 2022 Bond Year 3 Contract 18 Standard Agreement for Engineering Related Design Services City Project No. 104324 Revised Date: November 23, 2021 Page 10 of 15 property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. City of Fort Worth, Texas 2022 Bond Year 3 Contract 18 Standard Agreement for Engineering Related Design Services City Project No. 104324 Revised Date: November 23, 2021 Page 11 of 15 The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies City of Fort Worth, Texas 2022 Bond Year 3 Contract 18 Standard Agreement for Engineering Related Design Services City Project No. 104324 Revised Date: November 23, 2021 Page 12 of 15 ENGINEER acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full- time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the City of Fort Worth, Texas 2022 Bond Year 3 Contract 18 Standard Agreement for Engineering Related Design Services City Project No. 104324 Revised Date: November 23, 2021 Page 13 of 15 same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH William Johnson (M 18, 7073 10:35 CD 1) William Johnson Assistant City Manager Date: May 18, 2023 pF pORt�Op�� ATTEST: pp pro o=d o *da /V� dda� nEXA?4 Jannette Goodall City Secretary APPROVAL RECOMMENDED: By: Lauren Prieur Director, Transportation Public Works BY: ENGINEER I EA, Inc. Shakeel Ahmed Principal Date: May 13, 2023 APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2023-997519 I By: )Black (May 17, 202310:45 CD I) Douglas W Black M&C No.: 23-0376 Sr. Assistant City Attorney M&C Date: 05-09-2023 City of Fort Worth, Texas 2022 Bond Year 3 Contract 18 Standard Agreement for Engineering Related Design Services City Project No. 104324 Revised Date: November 23, 2021 Page 14 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Jose A. Orozco Senior Professional Engineer City of Fort Worth, Texas 2022 Bond Year 3 Contract 18 Standard Agreement for Engineering Related Design Services City Project No. 104324 Revised Date: November 23, 2021 Page 15 of 15 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 ATTACHMENT A Scope for Enaineerina Design Related Services for Pavinq, Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. CITY OF FORT WORTH WATER DEPARTMENT WATER AND SANITARY SEWER REPLACEMENT Street CD Water and Sewer Water LF Water Size Sewer Sewer Size Notes: Map No LF Ave K (E) 5 78P 2,292 8" N/A N/A From W Dead End to Tension Dr 5 79L, 79M 2,747 8" 551 8" Roselane St 5 Old Handley Rd 5 Canton Dr 5 Easement from Roselane 330 If 5 north Easement between Hiett Ct 5 and Old Handley Easement West of 5 Tension Dr TOTAL Water 6,201 LF 79L 520 8" 385 8" 79M 200 8" 75 8" 79M 442 8" 79L 79L 79L Vaughn Blvd From Lancaster East Loop 820 S SB Ramp to W Rosedale St From Tension Dr to Old Handley Rd From Tension Dr to Osborne Ln From Tension Dr to Hampshire Blvd From Osborne Ln to Canton Dr From Osborne Ln to 190 ft east 178 8" From Old Handley Rd to Roselane St TOTAL SS 2,224 LF 335 8" 700 8" City of Fort Worth, Texas 2022 Bond Year 3, Contract 18 Attachment A City Project No. 104324 PMO Release Date: 07.23.2012 Page 1 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 CITY OF FORT WORTH TPW DEPARTMENT PAVING REHABILITATION Street Limits Lane Planned Limited Full Cross Drainage Miles Rehab Paving Paving Section Analysis Procedure Design Design *** **** * ** Ave K (E) From W Dead End to 0.84 Conc with y y N Vaughn Blvd POL Alt. From Lancaster East Loop Tension Dr 820 S SB Ramp to W 2.13 Concrete y y N Rosedale St TOTAL 2.97 *Limited Design Projects Include: existing typical section, plan and profile sheets with the existing ground labeled as the proposed ground and permitting requirements if applicable. **Full Design Projects Include: proposed typical section, plan and profile sheets with the proposed ground profile designed and permitting requirements if applicable. ***Cross Sections Include: proposed cross sections taken at all driveways showing the proposed driveway slope and the limits of the driveways shown in plan -view on the paving plan and profile sheets. Streets not selected to include cross sections, shall assume driveway replacement to the ROW line on the plan and profile sheets. ****Drainage Analysis Includes: existing and proposed drainage area maps and drainage computations as detailed in the scope below. WORK TO BE PERFORMED This section includes design effort which will be shared between the Water Department and Transportation & Public Works Department. The consultant shall prepare two separate level of effort (LOE) spreadsheets and will provide their fees according to the departments which are responsible for that subtask. • Subtasks showing [Water] shall have all design fees on the Water Department LOE. • Subtasks showing [Water/TPW] shall split the design fees according to effort or sheet count between the two LOEs. • Subtasks showing [TPW] shall have all design fees on the TPW Department LOE. Task 1. Design Management Task 2. Conceptual Design (30%) Task 3. Preliminary Design (60%) Task 4. Final Design (90% and 100%) Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services Task 9. Permitting Task 10. Plan Submittal Checklists Task 11. Quality Control/ Quality Assurance TASK 1. DESIGN MANAGEMENT. City of Fort Worth, Texas Bond Year 3, Contract 18 Attachment A City Project No.104324 PMO Release Date: 08.1.2014 Page 2 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change, ■ communicate effectively, ■ coordinate internally and externally as needed, and ■ Proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team Lead, manage and direct design team activities. Hold meetings and communicate internally among team members to allocate team resources. [Water/TPW] Ensure quality control is practiced in performance of the work [Water/TPW] 1.2. Communications and Reporting • Attend a pre -design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements [Water] • Conduct review meetings with the CITY at the end of each design phase. [Water] • Prepare invoices and submit monthly in the format requested by the CITY. [Water/TPW] • Prepare and submit monthly progress reports in the format provided by the Water Department and TPW. [Water/TPW] • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. [Water] • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. [Water] • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design [Water] • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. [Water/TPW] ➢ ENGINEER will coordinate with the Texas Department of Transportation and Union Pacific Railroad during the design process to ensure that proposed designs satisfy the permitting requirements of the entities. City of Fort Worth, Texas Bond Year 3, Contract 18 Attachment A City Project No.104324 PMO Release Date: 08.1.2014 Page 3 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. [Water] ASSUMPTIONS • 12 MWBE reports will be prepared • 4 meetings with city staff • 12 monthly progress reports will be prepared • 12 monthly project schedule updates will be prepared DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form G. Plan Submittal Checklists (See Task 10) TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to ■ Study the project, ■ Identify and develop alternatives that enhance the system, ■ Present (through the defined deliverables) these alternatives to the CITY ■ Recommend the alternatives that successfully addresses the design problem, and ■ Obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection • In addition to data obtained from the CITY, ENGINEER will research proposed improvements in conjunction with any other planned future improvements that may influence the project. [Water] City of Fort Worth, Texas Bond Year 3, Contract 18 Attachment A City Project No.104324 PMO Release Date: 08.1.2014 Page 4 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 The ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including but not limited to; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. [Water/TPW] The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re- routing plans. [Water] The ENGINEER shall visit the project site and obtain the meter numbers and sizes on all existing meters to be replaced on the project and shall identify existing sample stations and fire line locations. [Water] 2.2. Geotechnical Investigations • ENGINEER shall advise the CITY of test borings and other subsurface investigations that may be needed for the project. If the CITY determines that such borings or investigations are needed, then the ENGINEER shall work with the CITY and CITY's geotechnical consultant to draw up specifications for such testing program. The cost of such testing will be paid for by the CITY. [Water] 2.3. Fire Line Reconnection A fire line reconnection is not anticipated to be necessary for the lines that have been identified and has therefore not been included in this scope of work. However, the ENGINEER understands that if a fire line is encountered during design survey, then the following procedure should be utilized for the reconnection of fire lines during design and construction of water mains: 2.3.1 All fire lines on existing water mains to be replaced shall be clearly identified on the plans and when necessary, detailed sequence of construction should be provided for the reconnection to ensure that affected properties have adequate fire protection during and after construction. The engineer may need to visit with affected property owners to obtain fire flow and pressure requirements and incorporate the data into the fire service reconstruction design. [Water] 2.3.2 Design Engineer must coordinate with Water Field Operations during the design stage. For situations where the water main is removed and replaced in the same trench, special attention should be given to maintain adequate fire protection. A 2- inch temporary water line is grossly inadequate to feed a fire line. The transfer time of the fire line to the new water main must be kept to a minimum. Where necessary design and appropriate pay items must be provided for adequate temporary water service to feed fire service lines during construction. If there is any question about the adequacy of the temporary service to the fire line, then the inspector or project manager will request field operations to perform a -pressure test at the nearest fire hydrant or outlet to determine the adequacy of the temporary connections. If the temporary connection is inadequate to provide fire protection until the permanent feed is in place, the project manager will assess the situation and make a determination as to the appropriate action. [Water] City of Fort Worth, Texas Bond Year 3, Contract 18 Attachment A City Project No.104324 PMO Release Date: 08.1.2014 Page 5 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 2.3.3 At pre -construction meeting, contractors should be informed of their responsibility to locate, identify and maintain fire service to applicable buildings. The proposed sequence of reconnection for fire lines should be discuss and enforced during construction. The City inspector shall also inspect the project site and take inventory of fire line locations. [Water] 2.3.4 During construction, the inspector shall notify Water Department Field Operations of the pending fire line shut down. In addition, the contractor must notify the local fire station and property owners of the time frame that the fire line will be shut down on company letter head and inspector shall receive a copy. No fire line shut outs will be allowed without this letter. [Water] 2.3.5 The project manager shall be responsible for the implementation and completion of this procedure. [Water] 2.4. The Conceptual Design Package shall include the following: • 1 Cover Sheet [Water] • Graphic exhibits and written summary of alternative design concepts considered, strengths and weaknesses of each, and the rationale for selecting the recommended design concept. [Water] • Proposed phasing of any water, sanitary sewer, and pavement work that is included in this project documented in both the project schedule and narrative form. [Water] • Existing typical sections of the roadway to be constructed for streets designated as limited paving scope. Proposed typical sections which outline the proposed improvements for streets designated full paving scope. Typical sections shall include existing and proposed ROW, existing and proposed lane widths and direction arrows, existing and proposed curbs, sidewalks, and retaining walls. It is assumed that the proposed roadway section will be POL or MOL depending on the geotechnical report provided by the City or as directed by the City. [TPW] Conceptual plan and profile sheets showing existing and proposed horizontal roadway alignments, existing and proposed ROW, existing and proposed sidewalks and driveways, proposed lane dimensions and lane arrows, existing drainage structures, city owned, and franchise utilities as determined by dig -test, and existing roadway vertical alignments (profiles). Since the street pavement is not being fully replaced, the ENGINEER will attempt to match the existing pavement elevation. The ENGINEER will attempt to not change the existing roadway drainage pattern. If the existing street has no curbs, super elevated typical sections may be considered to allow drainage to flow across the street. [TPW] Estimates of probable construction cost. Estimates should be done by street. [Water/TPW] Documentation of key design decisions. [Water] ASSUMPTIONS City of Fort Worth, Texas Bond Year 3, Contract 18 Attachment A City Project No.104324 PMO Release Date: 08.1.2014 Page 6 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 • 0 Geotechnical borings are included in this scope. Pavement cores will be provided by in-house City crews. • 2 half size copy 11"x17" copies of the conceptual design package (30% design) will be delivered. PDF files created from design CAD drawings will be uploaded to the designated project folder in the City's document management system (BIM 360). • ENGINEER shall prepare the meeting minutes of the Concept Review meeting and revise the report, if needed. • ENGINEER shall not proceed with Preliminary Design activities without obtaining written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Package B. Estimates of probable construction cost. TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Development of Preliminary Design Drawings and Specifications shall include the following: Cover Sheet [Water] A Proiect Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument #8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). [Water] Overall proiect easement lavout sheet(s) with property owner information. [Water] Overall proiect water and/or sanitary sewer lavout sheets. The water layout sheet shall identify the proposed water main improvement/ existing water mains in the vicinity and all water appurtenances along with pressure plane boundaries, water tanks, pump stations, valves, and fire hydrants. The sewer layout sheet shall identify the proposed sewer main improvement/existing sewer mains and all sewer appurtenances in the vicinity. [Water] Overall water and/or sanitary sewer abandonment sheet. [Water] Updated existing and proposed typical section sheets. [TPW] City of Fort Worth, Texas Bond Year 3, Contract 18 Attachment A City Project No.104324 PMO Release Date: 08.1.2014 Page 7 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 Updated roadway plan and profile sheets displaying station and coordinate data for all horizontal alignment P.C.'s, P.T.'s, P.I.'s; station and elevation data of all vertical profile P.C.'s, P.T.'s, P.I.'s, low points, and high points; lengths of vertical curves, grades, K values, e, and vertical clearances where required. [TPW] Preliminary roadway details to include curbs, curb expansion joints, driveways, sidewalks, and pavement details. It is assumed that the proposed roadway section will be POL or MOL depending on the geotechnical report provided by the City or as directed by the City. ENGINEER will provide any necessary details not provided in city standard details. [TPW] Driveway cross sections will be required for streets listed in the scope definition above, to determine the driveway limits. Proposed cross sections should be provided for all driveways and the proposed driveway slope shown. The limits of the driveway replacement should be shown in plan view on the paving plan and profile sheets. Streets not selected to include cross sections, shall assume driveway replacement to the ROW line on the plan and profile sheets. [TPW] • Preliminary signing and pavement marking notes, if applicable. [TPW] • Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, valves, mainline fittings, etc., in the same coordinate system as the Control Points. [Water] • Bench marks per 1,000 ft of plan/profile sheet — two or more. [Water] • Bearings given on all proposed centerlines, or baselines. [Water] • Station equations relating utilities to paving, when appropriate. [Water] • Plan and profile sheets which show the following: proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants, water service lines and meter boxes, gate valves, isolation valves, manholes, existing meter numbers and sizes that are to be replaced, existing sample locations, existing fire line locations, existing utilities and utility easements, and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. [Water] The ENGINEER shall make provisions for reconnecting all identifiable water and/or wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within City right-of-way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. [Water] The following shall be applicable at all locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or realignment of the existing public sanitary sewer lateral or main: The CITY shall furnish the ENGINEER with a sample format of how the sewer service line reroute/relocation should be designed and submitted for construction. During design survey, if a rod can be inserted through the cleanout to the bottom of the service line, the ENGINEER will obtain the flow line elevation and design the City of Fort Worth, Texas Bond Year 3, Contract 18 Attachment A City Project No.104324 PMO Release Date: 08.1.2014 Page 8 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 service line prior to advertising the project for bid. If the service flow line information cannot be obtained during design survey, the ENGINEER shall delay the design of the sewer service line until after a Quality Level A Subsurface Utility Engineering (SUE investigation has been performed). The Level A SUE will be performed; (1) by the ENGINEER if included in the fee proposal; or (2) by the CITY prior to bidding if the CITY determines that it is needed for satisfactory completion of the design; or (3) by the Contractor after the project has been bid, by means of a bid item to that effect. In all options, the ENGINEER shall propose appropriate de -hole locations in the project and collect flow line elevation and other applicable information of the sewer service line. The ENGINEER shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. [Water] Provide map showing location of new manhole construction at the end of existing sewer segments, 90-degree bends, or tee connections. Site survey or specific design plans for manhole construction is not included as part of the scope. The contract documents shall specify that it is the Contractor's responsibility to coordinate utility location, etc. manhole construction. [Water] The ENGINEER will prepare standard and special detail sheets for water line installation and sewer rehabilitation or replacement that are not already included in the D-section of the CITY's specifications. These may include connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. [Water] 3.2. Constructability Review Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. [Water/TPW] 3.3. Public Meeting After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location, prepare and mail the invitation letters to the affected customers. The ENGINEER needs to coordinate with the City's project manager to format the mailing list of all affected property owners accordingly. [Water/TPW] 3.4. Utility Clearance The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. Where conflicts cannot be City of Fort Worth, Texas Bond Year 3, Contract 18 Attachment A City Project No.104324 PMO Release Date: 08.1.2014 Page 9 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 avoided, coordination of Utility Conflicts will be identified at the Conceptual phase and begin at the Preliminary Design phase. [Water] • In the case of a public utility conflict, the ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. [Water] • In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for coordination at each design milestone. The ENGINEER may need to coordination directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. [TPW] • The ENGINEER shall upload individual PDF files for each plan sheet of the approved preliminary plan set to the designated project folder in the City's document management system (BIM 360) for forwarding to all utility companies which have facilities within the limits of the project. [Water/TPW] • The Engineer shall visit the site during utility relocation to verify the location of re- located facilities is acceptable and report any discrepancies found. Survey verification is not included. [Water/TPW] 3.5. Traffic Control Plan • Develop a traffic control plan utilizing standard traffic reroute configurations posted as "Typicals" on the CITY's Project Resources website. The typicals need not be sealed individually, if included in the sealed contract documents. [Water] • Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. These drawings shall be sealed by a professional engineer registered in the State of Texas. [Water] 3.6. Estimates of probable construction cost. Estimates should be done by sheet. [Water/TPW] 3.7. Documentation of key design decisions. [Water] 3.8. Project Specifications • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. [Water/TPW] ASSUMPTIONS • 1 public meeting(s) will be conducted or attended during the preliminary design phase. • 2 Utility verification site visits(s) will be conducted during the project. • Traffic Control "Typicals" will be utilized to the extent possible. It is assumed an additional 2 project specific traffic control sheets will be developed. • 1 sets of 11x17 size plans will be delivered for the Constructability Review. City of Fort Worth, Texas Bond Year 3, Contract 18 Attachment A City Project No.104324 PMO Release Date: 08.1.2014 Page 10 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 • 2 sets of 11x17 size plans will be delivered for the Preliminary Design (60% design). • 2 sets of specifications will be delivered for the Preliminary Design (60% design). PDF files created from design CAD drawings will be uploaded to the designated project folder in the City's document management system (BIM 360). • All submitted documents and checklists will be uploaded to the designated project folder in the City's document management system (BIM 360). • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings and specifications B. Utility Clearance drawings C. Traffic Control Plan D. Storm Water Pollution Prevention Plan and iSWM Checklist E. Estimates of probable construction cost F. Data Base listing names and addresses of residents and businesses affected by the project. G. Public Meeting Exhibits TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: 4.1. For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The Engineer will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction which will be incorporated into the SWPPP by the contractor. [TPW] 4.2. Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. [Water/TPW] 4.3. Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Construction Documents (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. [Water/TPW] City of Fort Worth, Texas Bond Year 3, Contract 18 Attachment A City Project No.104324 PMO Release Date: 08.1.2014 Page 11 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 4.4. The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items, as applicable. [Water/TPW] 4.5. Documentation of key design decisions. [Water] ASSUMPTIONS • 2 sets of 11x17 size drawings and 1 set of 24x36 size drawings and 1 set of specifications will be delivered for the 90% Design package. • A PDF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in the City's document management system (BIM 360). • 10 sets of 11x17 size drawings and 2 set of specifications will be delivered for the 100% Design package. • A PDF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in the City's document management system (BIM 360). • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in the City's document management system (BIM 360). DELVERABLES A. 90% construction plans and specifications. B. 100% construction plans and specifications. C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. The paving quantities and estimate should be street by street. D. Original cover mylar for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto the City's document management system (BIM 360) for access to potential bidders, sell contract documents and maintain a plan holder list. [Water] • Contract documents shall be uploaded in a .xIs file. Unit Price Proposal documents are to be created utilizing city's unit price tool only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. City of Fort Worth, Texas Bond Year 3, Contract 18 Attachment A City Project No.104324 PMO Release Date: 08.1.2014 Page 12 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 Plan Sets are to be uploaded to the City's document management system (BIM 360) in two formats, .pdf and .dwf files. The .pdf will consist of one file of the entire plan set. The .dwf will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER shall sell contract documents and maintain a plan holders list on the City's document management system (BIM 360) from documents sold and from Contractor's uploaded Plan Holder Registrations in the City's document management system (BIM 360). The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's the City's document management system (BIM 360) folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders' questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto the City's document management system (BIM 360) and mail addenda to all plan holders. [Water] • Attend the prebid conference in support of the CITY. [Water/TPW] • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. [Water] • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. [Water] • Attend the bid opening in support of the CITY. [Water/TPW] • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet are to be uploaded into the project's Bid Results folder on the City's document management system (BIM 360). [Water] • Incorporate all addenda into the contract documents and issue conformed sets. [Water/TPW] 5.2. Final Design Drawings Final Design Drawings shall be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall be created from the original CAD drawing files and shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: City of Fort Worth, Texas Bond Year 3, Contract 18 Attachment A City Project No.104324 PMO Release Date: 08.1.2014 Page 13 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF and DWF files shall be uploaded to the project's Final Drawing folder in the City's document management system (BIM 360) 2. In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as an individual DWG file with all reference files integrated into the sheet. If the plans were prepared in DGN format, they shall be converted to DWG prior to uploading. The naming convention to be used for the DWG files shall be as follows: I. TPW files shall use the W number as for PDF and DWF files, but shall include the sheet number in the name — "W-1956—SHT01.dwg", "W-1956—SHT02.dwg", etc. II. Water and Sewer file names shall use the X number as for PDF and DWF files, but shall include the sheet number in the name — "X-12155—SHT01.dwg", "X-12755—SHT02.dwg", etc. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • 3 sets of construction documents will be sold to and made available on the City's document management system (BIM 360) for plan holders and/or given to plan viewing rooms. • 5 sets of 11x17 size and 6 sets of 24x36 size drawings plans and 5 specifications (conformed, if applicable) will be delivered to the CITY. • PDF and DWG files will be uploaded to The City's document management system (BIM 360). DELIVERABLES A. Addenda B. Bid tabulations C. Final iSWM Checklist D. CFW Data Spreadsheet City of Fort Worth, Texas Bond Year 3, Contract 18 Attachment A City Project No.104324 PMO Release Date: 08.1.2014 Page 14 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 E. Recommendation of award F. Construction documents (conformed, if applicable) TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. [Water] • After the pre -construction conference, the ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. [Water] • The ENGINEER shall visit the project site periodically and as needed or requested as construction proceeds to observe and report on progress. [Water/TPW] (assume 3 visits) • The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in the City's document management system (BIM 360). • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, respond to Request for Information (RIF) from the contractor, review change orders, and make recommendations as to the acceptability of the work. • The ENGINEER will meet with the Project Delivery Team and Contractor on -site to review any field changes. • ENGINEER shall obtain from the City's document management system (BIM 360) and review project specific soils and compaction testing information and compare it to the geotechnical bore data collected on the project. The ENGINEER shall, when applicable, also review pipeline rehabilitation installation logs and associated materials that the CITY provides. [Water] • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. [Water/TPW] • The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list City of Fort Worth, Texas Bond Year 3, Contract 18 Attachment A City Project No.104324 PMO Release Date: 08.1.2014 Page 15 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 6.2 Record Drawings [Water/TPW] • The ENGINEER shall prepare Record Drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As -Built Survey o Red -Line Markups from Contractor o Red -Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, in Adobe Acrobat PDF format and in DWF format. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red -lined drawings shall be returned to the CITY with the digital files. 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 11. Water and Sewer file name example — "X-35667_org36.pdf' where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf • Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in the City's document management system (BIM 360). • For information on the proper manner to submit files and to obtain a file number for the project, the ENGINEER should coordinate with the City project manager. File City of Fort Worth, Texas Bond Year 3, Contract 18 Attachment A City Project No.104324 PMO Release Date: 08.1.2014 Page 16 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • One (1) Public Meeting is assumed. • 3 RFI's are assumed. • 3 Change Orders are assumed • 3 Site visits are assumed DELIVERABLES A. Public meeting exhibits B. Response to Contractor's Request for Information C. Review of Change Orders D. Review of shop drawings E. Final Punch List items F. Record Drawings in digital format TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Right -of -Way Research [Water] • The ENGINEER shall determine rights -of -way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2. Right-of-Way/Easement Preparation and Submittal [Water] • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. The ENGINEER shall submit the right-of-way and/or easement documents to CITY PM for real property acquisition City of Fort Worth, Texas Bond Year 3, Contract 18 Attachment A City Project No.104324 PMO Release Date: 08.1.2014 Page 17 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Project Resources website. 7.3. Temporary Right of Entry Preparation and Submittal [Water] • Prior to construction, the ENGINEER should coordinate with the City project manager to identify all needed Temporary Right of Entries from landowners. • It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Project Resources website. ASSUMPTIONS • 10 Easements or right-of-way documents are funded as a contingency in case they are necessary. 20 Temporary right -of -entry letters are funded as a contingency in case they are necessary. • Right -of -Way research and mapping includes review of property/right-of-way records based on current internet-based Tarrant Appraisal District (TAD) information available at the start of the project and available on -ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A. Easement exhibits and meets and bounds provided on CITY forms. B. Temporary Right of Entry Letters TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey [Water/TPW] • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. 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 City of Fort Worth, Texas Bond Year 3, Contract 18 Attachment A City Project No.104324 PMO Release Date: 08.1.2014 Page 18 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. The minimum survey information to be provided on the plans shall include the following: A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: - The following information about each Control Point; a) Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod) b) X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c) Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. — No less than two horizontal bench marks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. 8.2. SUBSURFACE UTILITY ENGINEERING (WHEN REQUESTED AND AS REQUESTED) (TPW) ENGINEER will perform Quality Level B (QL-B) SUE utilizing the appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities with the project mains. For this project QL-B shall be limited to sanitary sewer mains inside of easements, gas mains and gas service lines. 8.3. Additional Services [Water & TPW] • ENGINEER will perform engineering and survey services as requested by the City. These services will require prior authorization from the City project manager. 8.4. Temporary Right of Entry Preparation and Submittal • Prior to entering property, the ENGINEER shall coordinate with the City's project manager to identify, mail and obtain Temporary Right of Entry from landowners (if necessary). City of Fort Worth, Texas Bond Year 3, Contract 18 Attachment A City Project No.104324 PMO Release Date: 08.1.2014 Page 19 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 • The documentation shall be provided in conformance with the checklists and templates available on the City's document management system resources folder. ASSUMPTIONS • Topographic survey at intersection will include no more than 100 ft. in each direction. • Normal minimal traffic control is included. Traffic control requiring lane closures, traffic detouring, flag persons, police, etc., is considered special traffic control measures and will be considered additional services if required. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows. 9.1. Texas Department of Transportation (TxDOT) Permit. Coordination and/or Permit is required if projects construction is within TxDOT right-of-way or adjacent such that traffic control would be within TxDOT right-of-way. Engineer to verify applicability to projects in this contract scope. [TPW] • Meet, negotiate and coordinate to obtain approval of the agency issuing the agreement and/or permits. • Completing all forms/applications necessary. • Submitting forms/applications for CITY and TxDOT review • Submitting revised forms for agency review • Responding to agency comments and requests 9.2. Texas Department of Licensing and Regulation (TDLR). This is required for projects with sidewalk construction over $50,000 [TPW] • Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project. • Submit construction documents to the TDLR • Completing all TDLR forms/applications necessary • Obtain the Notice of Substantial Compliance from the TDLR City of Fort Worth, Texas Bond Year 3, Contract 18 Attachment A City Project No.104324 PMO Release Date: 08.1.2014 Page 20 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 • Request an inspection from TDLR or a TDLR locally approved Registered Accessibility Specialist no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. • Responding to agency comments and requests 9.3 Storm Water Pollution Prevention Plan For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The Engineer will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction which will be incorporated into the SWPPP by the contractor. 9.4 Union Pacific Railroad Permits • Coordination with Union Pacific Railroad is excluded from the scope of work. The CITY will perform any required coordination during the project. ASSUMPTIONS • Permit preparation will begin after approval of the Conceptual Design. • Assumes (1) TxDOT permit • All costs associated with TDLR plan review and inspections are to be paid by the ENGINEER during the course of the project. • Engineer is responsible for providing plans that are in compliance with TDLR requirements. DELIVERABLES • Provide TDLR plan reviews and make required changes. • Provide for timely inspection by a Registered Accessibility Specialist prior to the construction final inspection. • Copies of Permit Applications TASK 10. PLAN SUBMITTAL CHECKLISTS Engineer shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHECKLIST REQUIREMENTS Attachment "A" Traffic Storm Storm Type Signal Water Water (Submit All 30% 60% City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 21 of 24 Street Water Traffic Traffic Traffic Traffic Lights /Sewer Engineering Control Control Control (Submit (Submit (Submit All 30% 60% 90% Bond Year 3, Contract 18 City Project No.104324 Street Storm Water Water / Sewer @ 30%) All @ All @ @ 60%) 30% 60%) X X X X V X X X *If included in street project ASSUMPTIONS DELIVERABLES X TASK 11. QUALITY CONTROL / QUALITY ASSURANCE ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 Required for all work in City ROW X X X X X X X X X ENGINEER to provide to the City a Quality Control/ Quality Assurance Plan (QC/QA Plan) outlining the ENGINEER's method of ensuring the highest levels of design and accuracy are incorporated into the calculations, plans, specifications, and estimates. ENGINEER is responsible for and shall coordinate all sub consultant activity to include quality and consistency of plans. If, at any time, during the course of reviewing a submittal of any item it becomes apparent to the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may cease its review and return the submittal to the ENGINEER immediately for appropriate action. A submittal returned to the ENGINEER for this reason may be rejected by the CITY Project Manager. 11.1. QC/QA of Survey and SUE Data • The ENGINEER's Surveyor shall perform Quality Control/ Quality Assurance on all procedures, field surveys, data, and products prior to delivery to the CITY. The CITY may also require the ENGINEER's Surveyor to perform a Quality Assurance review of the survey and/or subsurface utility engineering (SUE) work performed by other surveyors and SUE providers. • ENGINEER's Surveyor shall certify in writing via a letter that the survey information provided has undergone a Quality Control/ Quality Assurance process. • ENGINEER's Subsurface Utility Engineering provider shall certify in writing via a letter that the SUE information provided has undergone a Quality Control/ Quality Assurance process. 11.2. QC/QA of Design Documentation City of Fort Worth, Texas Bond Year 3, Contract 18 Attachment A City Project No.104324 PMO Release Date: 08.1.2014 Page 22 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 • ENGINEER shall perform a QC/QA review of all documents being submitted for review at all stages of the design including the 30%, 60%, and 90% and Final Document design review submittals. QA should be performed by an individual within the firm who is not on the design team. ENGINEER is to acknowledge that each item on the Detailed Checklist has been included by checking "done" on the checklist. If a particular checklist item is not applicable, this should be indicated by checking "N/A". If an entire checklist is not applicable, this should be indicated by checking every item on the list as "N/A" and still included with the submittal. The ENGINEER shall use the Detailed Checklist provided by CITY. • A Comment Resolution Log must be used to document conflicting comments between reviewers and to highlight comments made by the CITY that the ENGINEER is not incorporating into the design documents along with the associated explanation. The ENGINEER shall use the Comment Resolution Log provided by CITY. • The documentation of a QC/QA review includes (1) a copy of the color -coded, original marked -up document (or "check print") developed during the QA checking process and/or review forms which sequentially list documents and associated comments; and (2) a QC sign -off sheet with signatures of the personnel involved in the checking process. Mark- ups may also be documented using the Comment Resolution Log. • Evidence of the QC/QA review will be required to accompany all submittals. Documentation shall include, but is not limited to, the following items: PDF of the completed Detailed Checklists PDF of the QC/QA check print of the calculations, plans, specifications, and estimates demonstrating that a review has been undertaken; PDF of previous review comments (if any) and the ENGINERR's responses to those comments in the Comment Resolution Log. • If any of the above information is missing, is incomplete or if any comments are not adequately addressed; the CITY may contact the ENGINEER and request the missing information. If the ENGINEER does not respond to the request within 24 hours, the CITY shall reject the submittal. No additional time will be granted for a returned submittal. • If the ENGINEER has not adequately addressed the comments, the submittal shall be rejected and returned to the ENGINEER immediately to address the issues. ASSUMPTIONS • All submittals to the City will be Quality checked prior to submission. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICE Additional Services not included in the existinq Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks City of Fort Worth, Texas Bond Year 3, Contract 18 Attachment A City Project No.104324 PMO Release Date: 08.1.2014 Page 23 of 24 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 18 CITY PROJECT NO.: 104324 above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition including temporary right -of -entries. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests, bid rejection and re -bidding of the contract for construction. • Construction management and inspection services • Periodic site visits during construction phase • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services related to submitting for permits not already included above (ie.TRA, railroad, etc...) • Services related to Survey Construction Staking • Services related to acquiring real property including but not limited to easements, right-of- way, and/or temporary right -of -entries. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Bond Year 3, Contract 18 Attachment A City Project No.104324 PMO Release Date: 08.1.2014 Page 24 of 24 ATTACHMENT B COMPENSATION Design Services for 2022 Bond Year 3, Contract 18, Project No. 104324 City Project No. 104324 Lump Sum Project Compensation A. The ENGINEER shall be compensated a total lump sum fee of $523,498.00 as summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item 111. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department and Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 3 2022 Bond Year 3 Contract 18 City Project No. 104324 AM ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % MWBE Prime Consultant, IEA, Civil Design for Paving & City Utilities, $383,653.00, 73.29% Proposed MWBE Sub -Consultants 1. Criado & Survey and SUE for Ave K and Associates Tenison 2. Lim and Surveying for Water and Associates Sanitary Sewer Main Replacement Non-MWBE Consultants Project Number & Name 2022 Bond Year 3, $ Contract 18, Project No. 104324 City MWBE Goal = 17% TOTAL $ Total Fee MWBE Fee 523,498.00 $ 523,498.00 $120,000.00 22.92% $19,845.00 3.79% 100% MWBE % _100 % Consultant Comm tted Goal = 100 % City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 2022 Bond Year 3 Contract 18 Page 2 of 3 City Project No. 104324 B-2 EXHIBIT "13-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 2022 Bond Year 3 Contract 18 Page 3 of 3 City Project No. 104324 B-3 Professional Services Invoice Project Manager: (Jose Orozco, PE Project: 12022 Bond Year 3, Contract 18 City Project #: 1104324 1 City Sec Number: 1TPW Company Name: IIEA, Inc. Supplier's PM: 1Tom Morris, PE Supplier Invoice #: 1 Payment Request #: 1 Service Date:From 1 Service Date:To 1 Invoice Date: 1 Summary 1 Supplier Instructions: Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. 1 email: tmorrisna ieaworld.com I 1 Office Address 18383 Preston Road, Suite 500, Dallas 7505 1 Telephone: 1214-789-2487 1 1 Fax: 1214-884-4258 1 1 1 Remit Address:118383 Preston Road, Suite 500, Dallas 7505 Sheet FID and Work Type Description Work Type 1 Paving Reconstruction or Rehabilitation Work Type 2 Water Main Replacement Work Type 3 Sanitary Sewer Main Replacement Work Type 4 not used Work Type 5 not used Work Type 6 not used Totals This Invoice Agreement LTD Agreement Amendment Amount to Completed Percent ($) Invoiced Current Remaining Amount Amount Date Amount Spent Previously Invoice Balance $280,555.00 $280,555.00 $280,555.00 $178,806.05 $178,806.05 $178,806.05 $64,136.95 $64,136.95 $64,136.95 $523,498.00 $523,498.00 Overall Percentage Spent: $523,498.00 City of Fort Worth, Texas 2022 Bond Year 3 Contract 18 Attachment B City Project No. 104324 Professional Services Invoice Project: 2022 Bond Year 3, Contract 18 City Project #: 104324 Work Type Desc: IPaving Reconstruction or Reha FID: City Sec Number: TPW Purchase Order: Company Name: IEA, Inc Project Manager: Jose Omzco, PE Supplier Instructions: Fill in green cells including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. Supplier's PM: Tom Morris, PE email: tmorris@ieaworld.com Supplier Invoice #: Office Address: 18383 Preston Road, suite 500, Dallas 7505 Payment Request #: Telephone: 214-789-2487 Service Date:From Fax: 214-884-4258 Service Date:To Invoice Date: Remit 18383 Preston Road, Suite 500, Dallas 7505 Pay Items 30 - Design Description Totals This Unit: Agreement LTD Agreement Amendment Amendment Amount to Completed Amount Number Amount Date Amount $280,555.00 $280,555.00 $280,555.00 $280,555.00 Overall Percentage Spent: Percent ($) Invoiced Spent Previously Current Remaining Invoice Balance $280,555.00 $280,555.00 City of Fort Worth, Texas 2022 Bond Year 3 Contract 18 Attachment B Ctiy Project No. 104324 Professional Services Invoice Project: 2022 Bond Year 3, Contract 18 City Project #: 104324 Work Type Desc: Water Main Repi FID: City Sec Number: TPW Purchase Order: Company Name: iEA, Inc Suppliers PM: Tom Morris, PE Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: Pay Items 30 - Design Description Totals This Unit: Project Manager: Jose Orozco, PE Supplier Instructions: Fill in green cells including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: tmorris@ieaworld.com Office Address: 18383 Preston Road, Suite 500, Dallas 7505 Telephone: 214-78 g-2487 Fax: 214-884-4258 Remit 18383 Preston Road, Suite 500, Dallas 7505 Agreement LTD Agreement Amendment Amendment Amount to Completed Amount Number Amount Date Amount $178,806.05 $178,806.05 $178,806.05 $178,806.05 Overall Percentage Spent: Percent ($) Invoiced Spent Previously Current Remaining Invoice Balance $178,806.05 $178,806.05 City of Fort Worth, Texas 2022 Bond Year 3 Contract 18 Attachment B Ctiy Project No. 104324 Professional Services Invoice Project: 2022 Bond Year 3, Contract 18 City Project #: 104324 Work Type Desc: Sanitary Sewer Main Re lacem FID: City Sec Number: TPW Purchase Order: Company Name: iEA, Inc Suppliers PM: Tom Morris, PE Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: Pay Items 30 - Design Description Totals This Unit: Project Manager: Jose Orozco, PE Supplier Instructions: Fill in green cells including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: tmorris@ieaworld.com Office Address: 18383 Preston Road, Suite 500, Dallas 7505 Telephone: 214-789-2487 Fax: 214-884-4258 Remit 18383 Preston Road, Suite 500, Dallas 7505 Agreement LTD Agreement Amendment Amendment Amount to Completed Amount Number Amount Date Amount $64,136.95 $64,136.9E $64,136.95 $64,136.95 Overall Percentage Spent: Percent ($) Invoiced Spent Previously Current Remaining Invoice Balance $64,136.95 $64,136.95 City of Fort Worth, Texas 2022 Bond Year 3 Contract 18 Attachment B Ctiy Project No. 104324 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Transportation & Public Works Department Design Services for 2022 BOND YEAR 3 CONTRACT 18 City Project No. 104324 I Labor the..) I ET ens. Task No. Task Description I Principal Manager E ginger Sr. CADD ECADD RI RPLS TeehY CmwY Cmw Admiral, tive ITotCostborl Subconsultant Travel Rate S2601 S227S181 i 111"1 5 S1051 1 MWBE INon-MWBEI 11.0 ��jd9yMatryiArent 1 f 1 1.2 QNOL' (s h Water) 1.2 Cp �IM VMr{if(I\2��. 1.2.3 pare R umes 12 months and gglil with Water) Prepare Mont Progress eports and MW BE Reports (assumes 2 months and split with 1.2.4 Water) V. Prepare Baseline Schedule and Updates (assumes 12 months) 2.0 rConcggf,�al Deslgn (30-Percent) I 2.1 Data Collection 1 21.2 Obtain Existing Data (T[DOT, Railroads, Tax Assessors Office) 2.4 Conceit I DdTn Packwe Full Design (2.97 lane mtles) 2.4.4a Exi44(t g TxpJ 1 Sections 24.4b Proposed fyical Sections 1 2.4.5 Concen'Nal Plan and Profile Sheets 24.6 Estima a of Probable Construction Cost, by street 3.0 rPrellmin Des1rW60 Percent 1 3.1 Preliminary Desig�S C)r wirlQlS for Full Design 3 1.8 Updated Tyyical Section Skeels 3.1.9 U�pdated Roadway Plan and Profile Sheets 3.1.10 Phelimin RoaJway Details 3 1.11 Driveway l:rgss Section Sheets 3.1.12 Pre -n7ajy S�1nig antl Pavement Markmq Sheets 3.2 Conshuctabild Review 3.3 Public Meeting (Mailing List Generation, Exhibits, Meeting Attendance) 3.6 Estimate V3.8 Project Specifications 4.0 I -Inal Deal I 4.1 )ev.ILY aYS,bmit SWPPP to propriate Rel hate, usua s (2 locations) 4.2 in 1Uraft f90%)Constructions do��ec ((FIF� Il Desgn 4.3 1n I1/100/(h) Construction Py7 r]{�n'�yy55�p8p1A P 7 s"u U¢ on 4.4 :on4Wclidn Estimates(9(io!, 1W I5.0 Ild Phase Serices, 5.1 lid Sgg�� a 1 51.5 SelfConlract Documents and Maintain Plan Holders List 5.1.] Aft nd Probed Conference 1 5.1.10 Attend Bid 0 a in I 51,12 Incorporate kddenda and Issue Conformed Sets 52 Final Design Drawings 6.0 rC...truction Phase Services I 6.1 Construction RQq[rt I 6.1.1 Attend PrePsll:only f Cr�n(erlegrl� I 6 1.2 Pre Cons l: f {t Ilc eetlng 6.1.6.1.3 Prefect Site V ift/Assume 31 4 Shop Drawi� Reviews Assume 10 6 1.5 R.;y .i jorAnforpl�Hp�CF ae O�er Review (assumes 3� 6.1.6 Mee( vn (r rou 1 U i �j' T m ant Contractor to Review leld Chances (Assume 3) 6.1.8 Attend Final Proiecl Walk Through 6.2 Record Dmwmgs 8.0 IS-pn%ul (assumes 5,900 LF of Ave K and Tension ROW), $108K LS split 50%with 8.1 Water 8.2 Subsurface Utility Engineerir(SUE) (for Gas Mains or other franchise utilities) 8.3 Adddional Servgea and SUE contingency City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09,2012 12f 24f 24 $8,6391 }fJ 2(I $5, 1551 j zOfj $s szsl $ a16 $1 $816 1 1 $816 '� 6 1 4 l 1 l 2 fl 12 1 $11 ICgBudget pensel %Complete Rnl9 Nz CM PIaepLiW tw31a 12 Task No. Task Description Rate 19.0 permitting 1 9.1 Texas DeD�([ment of Transrlortabon((TZDOT) Permit " i s Department of Licensing and fiegulation (TDLR), IEA hours and RAS fees for review, 9.2 fily�o slfion and closeout 9.3 ``�`form Wale Pollution Preven0on Plan 9.4 1Eailroad Coordination' Totals RR Coordination is included, d pemutluig is required and bridge work requnad d w it be added ' to contract if approved by City. Labor for coordination and plan submittal to TxDOT is included, if there is a p-11 fee 8 will he • added or paid directly by the owner Cityof FortWorth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09,2012 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Transportation & Public Works Department Design Services for 2022 BOND YEAR 3 CONTRACT 18 City Project No. 104324 Principal EPr CADD ' �DR RPLS I `Ta"y h I Survey C. C I But, ..... Rant at Travel Repriml-tim, ' 2®— ® Design Fee % Remaining Complete Budget Contract 1 5900f #VALUE., $ 185,404 0 f $ 185,404 TOTAL $185.4 1 #VALUE.1 $ 185.404 0° $ 185.4041 Pro ect Summa hil Hours 1,11fi Total Labor $185.404 Total ExD(� $91,037 MWBE Subcomu9ae $80,870 N—MWBE Subcoreullant $1,400 5% Sub Markup $4,114 0000 MWBE Participation (Incl Prime 100% Total Project Cost $280,555 :192:17.1 280004.00 NMI Level of Effort Spreadsheet TASKIHOUR BREAKDOWN Water Department Design Services for 2022 BOND YEAR 3 CONTRACT 18 City Project No. 104324 Task No. Task Description Rath. 1.0 Project tryJMan �ypmeM 1.MOAIIiI: the 9`eam 1.1.2 1.2 Communications and Reporting 1.2.3 Prepare Monthly Invoices roes 12 months and split wet TPWI 1.2.4 Prepare Mamtlh YY��Press aepoL (assumes 12 months and split with TPW) 1 2 5 Prepare Baseline hedule and Updates (assumes 12 months) 2� �al Design (30-0eresnt) 2.1 Data l:ollecbon 2.1.1 Research Future Cil Im ( emenis 2.1.2 Obtain Existing Data)T30T, Railroads, I Assessor's Office 214 1 3 Conduct Special Coordination meeting with affected Property Iners (waterl 2.1.4 Obtain Meter Number antl S¢es of Existi Meters to be Replacetl (waterl 2.2 Identify Areas of Geotechnical Investigation Needs 2.3 Fire Li Coordination 2.4 Conce�[�� Uesyy..�� a k.A 2.4.1 Cover Sheet, O. Abbreviations Sheets and canceptual plan submittal 242 Allernabve Design Concepts -Exhibits and Summaries of Each (Assume 2-3) 2.4.3 Proposed Constrocbon Phasing m (: be rd rarrabve (Water, SS, Pavement) 2.4.6 Estimate of Probable Construction (' 6 1f 3.0 7reliminary Deslan 00 Percent 3.1 Prelimin�/Uespn mwircas for-ull Design 3 1 1 Caver Sheet 3.1.2 Prolecl Control Sheets 3.1.3 Overall Project Easement Layout Sheets 3 1 4 Overall Protect Water Layout Sheets 3.1.5 Overall Protect Sanitary Sawer Layout Sheets 3.1.6 Overall Water Abandonment Sheaf 31 7 Overall Senitajy Sewer Abandonment Sheet 3.1.13 Prebminary Wafer Plan and Profile Sheets 3.1.14 Pre l!minarr��((SanRary Sewer Plan and Profile Sheets 3115 Preliminary Appurtenances Map 3.1.16 Pelimmary Sanitary Sewer Appurtenances Map 3.1.17 Water Details Sheet 31 18 Sanitary Sewer Details Sheet 3.2 Constructabibly Review 3.3 Public Meatiiq (Mailing List Generation, Exhibits, Meeting Attendance) 3.4 UTA�'ljIyy Clearance 3.5 Traffic Control Plan (Typicals +2 Protect Specific Sheets) 3.6 Estimate 3.8 Protect Specific tions 4.0 Final De 4.2 Final Dra !90 %) Construction Plans and Specifications for Full Design 4.3 Final (100 %1 Construction Plans and Specifications for Full Design 4.4 Construction Estimates (90 % and 100 k) 5�id Phase Ballees 5.1 Bid 5 1 5 SeIrCSyy0g00ort OMraM Documents and Maintain Plan Holders List 5.1.6 Ree and to Bidders' Questions and Interpretation of Contract Documents 5 1 7 Attend Prebid Conference 51 8 Assist City in Defaming Bidders' Qualifications 5.1.9 Determine Acceptability of Alternate Materials and Equipment 5.1.10 Attend Bid Opening 51 11 Tabulate and Review Bids, Assist City in Evaluation 5.1.12 Incorporate Addenda and Issue Conformed Sets 5.2 Final Design Drawings City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Water Department Design Services for 2022 BOND YEAR 3 CONTRACT 18 City Project No. 104324 Task Description Profeil Project EILTabjrfhour.) ffii EC Survey Survey SUE Task No. Pringipal Mena Enoineer Sr. CADD RPLS Teeh Grew Grew �minlstrative Rar E280 27 E181 E14 I E715 $1 6.0 Construction Phase Services 01 11 501 01 321 0 ! 01 01 1 6.1 Construction Support 6.1.1 Attend Pre -Construction Conference 6 1 2 Pre Coretruction Conference Public Meeting } ' 1 6.1.3 Project Site visits (Assume 9, Monthly)' Reports on Construction Progress 6 2A 6.1.4 Shop Drawler Reviews m 10) } 4 6 1 5 Request for Inlormationf�tnge Ortler Review (assumes 3) 2 616 6 Meet with Project Delivery Team and Contractor to Review Field Changes (Assume 3) 6.1.7 Review Chanrygpe Orders, Acceptability of Work Recommendations 6 1 8 Attend Final t lect Walk Through and Assist Punch list Preparation 6.2 Record Drawings 16 32 7.0 ROW/Easement Services 0 01 01 0 0 0 7.1 Right -of -Way Research 7.2 Right-of-Way/Easement Preparation and Submittal 10-parcels at SOOlparcel 7.3 Temporary Right of Entry Submittal (assumes 20) 20 owners at 200 Ea 8.0 Surve 0 01 01 0 0 0 0 0 0 8.1.1 Design Survey (for Ave K and Tensison 50% split) Crmdo, $1081, total 8.1 Design Surveyy a sumes 2835 LF of main design-survev) LIM, $7/If 8.2 Subsurface lhl n, ngineedng (SUE) Credo 8.3 Additional Services Crisco, Level A or B SUE as approved 9.0 Permiltir�P 0 0 0 0 0 0 0 0 0 9.3 Stoim Water Pollution Prevention Plan 10.0 Additional Services 1 01 01 01 01 01 01 0 0 1F"W" /Footage 1D.JpTJl� Fee 1 Water Waled 620 �0 74✓/0 $ '178,812 Footage Sewed 22241 26J $ 64,131 Contrail 7 6201J 79J $ 191,OSJ Total 842"I 100 /0l $ 242,943 TOTAL 620 79 /0l $ 191.05 I design fee per foot $ 21.22 feel of w ww survey 2835 feel of w ww survey in TPW Imata 5590 survey fee al $7 per If $ 39,130.00 City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 Expense Total Labor Subconsultant JT.1.1....,p.ne.r—_—�J %CplteRemainingcost Reproduction t Budget MWBE I Non-MWBE Qff ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for 2022 Bond Year 3 Contract 18 City Project No. 104324 IEA requires no changes to the Standard Agreement City of Fort Worth, Texas 2022 Bond Year 3 Contract 18 Attachment C City Project No. 104324 PMO Release Date: 05.19.2010 Page 1 of 1 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 2022 Bond Year 3 Contract 18 Attachment D City Project No. 104324 Revision Date: 07.20.2018 Page 1 of 1 i0 was Naas Nam. Tazt Name 0 CIP-028. -P-B.OD 2022 Bond year 3, Contra. U, Proj. No.-324 Design 3CIP-B 000E Design Engineer Agreement Eaecute Contra -...Pit, 5 uP-OZB-20 6 "P-B 0010.01 Co ceptual Desiei130%) wmeptual cesign l3o%1 e g ick-oU Meetng LIP-B OO 1O02 9 �IP02B 0010.03 a LIP-B DO 30- Conceptual Dezign 130%) Co ceptual Desiei(30%) Conceptual Dezign 130%) SI[e Survey Pi -Pp- -ep e g ra ngs&Documents Submit Conceptual Plans to Utilities, ROW, Traffic, P-,Storm Wrter, Wrter&Sewer IO ,-B 0010.05 II LIP-B DO 1O.06 Co ceptual Desiei(30%) Conceptual-.,,(30%) Review Co ceptual Plan(CFW) Incorporate Comments and Submit Revised Conceptual Drawings I2 �-B 0010.0E Co ceptual Desiei(30%) Peer Review Meetmg/Desg ewe. Meeting lTedimcal) 1f LIP-0U10.08 Conceptual D.I.,,(30%) Conceptual Dezign Complete I4 --B 00 m. 15 n-B.0020 Co ceptual Desiei(30%) C.nfiict Analysis -Rd., Desk. (6D%) I6 ,-B 0020.01 Preliminary Design(6ws)PiPp-iii-diminary Desgn Drawings and Specificanons I/ OD 2-2 Preliminary Desi8n(60%) Conau. Cans Od.bility Re -(Wilk Th,ougb) I9 �-B 0020.03 Prelims dry es gn(60%) Submit Prebmmary Plans m lltihnes,ROW, Tmf0c, Parks, Storm Water, Water&Sewer Ie LIP-02B 0020- Preliminary Design(60%) Review Prellmmary Plans and Spen0cb-lCFW) 20 -B 0020.05 Preliminary Design(60%) Incorporate Comments antl Submit Revised Prebmmary Design Dra.mgs eI LIP-02B 002O.06 22 ,-B 0020.0E Prellminary Design 160%1 Prebmmary Demgn(60%) Conau.0esign Public Meeting pl (rega) PO inary Design Complete 23 u-8.00.20.08 z4 D-B 0020.0801 Permits-mennfiramn P.-. Id-dy Req imd Pemnts CIP02B0020.0802 26 ,I-B 0020.0803 P.,-- IdenMcrtion Permits - Idennficanon (%DOTPermit(Enginee, Prepare and Submit) TDLR(Tews D,p Ofbcensmg and Regulations) Pemnt lEneneer Prepare and SiA,-) 27 CIP-B.00.20.09 ROW/Lana Aog I.- z. 1-0020.0901 Row&Fasemenra Id-dy Rowe emend 29 CIP02BOO20D902 30 �nU2B.00.30 ROW&Easemeniz Submit lava Acquisition/EazemeM Requirements to Property Mgmt Dept Final Design 31 CIP02B0030D1 32 1IP02B 0030.02 Rnal Dezign Final Design Prepare Final 0esign Plans and Sp-cabons Submit Final Design to Unhties,ROW, Traffic, Parks, Storm Water, Water&Sewer 33 CIP02B 003003 34 1p-0030.04 CIP02B 003005 36 ti-BOD30OR Final Dezign Final Design Final Dezign Final Design Review Final Plans antl Specif,.t,..(OFW) In<opomte Final Comments and Submit Final Design Approve Final Plans antl Specifwtionz and Route for Signatures Final Deslai Complete 37 CIP D00.30.0E 3B ti-BOD30.08 39 CIP D00.30.09 40 N-B.00.30.10 Final Design Final Design Onal Design Establish MBE Goal for Construe -Contra. Prepare Bid P-ge TOLR Submittal of Signed 11111 Plans Permas Review/Approve 41 CIP D00.30.1001 Permts-Review/Approve Review and Approve P-,. 42--ti-B OD 30.1002 Permits 0.eview/Approve All PP1.11 Approved Clp-0 B.00.d, ti-BOD40.01 Utlliry Relocrtlon Co-ordination NIM.s Submit Cover Letter and 30% Drwgs to URIBW Co-ordonrtor(CFW/Engineer) CIP D0040.02 Utility Relowtlon C. --P., Submit COW 30% Oesign Drwgs to F,BPO- Utd- (CON Utility Co -ma P-) 46 -2-0A0.03 Ualm ae.... - Attachment D - 2022 Bond Year 3, Contra. 18, Project No. 104324 AllD�,a6o� easrors =ors A„9 saP 01 864 days 365 days 10 aays z 4 0 days 3 6 gI/io 1. J y 111 l day 4 E.& 11 66 dove 6 a,14 60 d.y, 6,E 9 l day 3,14 10,28,44,42p5 15 tlays 9 10 aayz 10 12 l day 11 13 IsI 0 days 12 16,24 5 days E 9 1. aayz 60 tlays 13 SE 1 aav 16 1a l day 1E 1%, 9,49 I 15 aayz 1a 20 i 10 tlays 19 21 l day 20 22 0 days 21 31 QWE9 16 e. r sdays 13 25,26 10 aayz z4 41 10 tlays 24 41 9B aayz 30 tlays 9 29 10 aayz za,2a 176 day: 60 aayz z2 32 ice, l day 31 33,52 1 15 aayz 32 110 tlays 33 35 10 aayz 136 Odays 35 3E y/31 1 day 36 38 5 days 3E 6;39 day 38 SO da ►1 10aays 25.26 42 L� 0 days 41 62 sere :Id day 9 (day 9 zBid- project 2022 Bond Year 3, Contm. 18, P,oj. No, IU324 •x Mucw.e O sa y �1 qe, sa y Oate. Wed 4/19/23 Page 1 ! ! - \ ,�I°I°I°ICI°I:I�IrI:I°I°I°I°ICI°I`I'I`I'I`I:I°I:I`I` Attachment E \ \ 2022 CIP Year 3 Contract 18 \ Location Map 1 of 2 RE Proposed Sanitary Sewer I`'��o J \� a Proposed Sanitary Sewer — _HIETT_J —JM\I _ -W _KINGr —Z -GRANDE — m O 10�D.HANDr�,EY Proposed Water Proposed Water -4gr � m . -------- -- MP� i th a Ro — Sansom Park vt River Oaks WAINVVIR GHTT O Proposed Paving N Proposed Water DO Proposed Sanitary Sewer c J N m HART U) � LU Z N -a rn — FORT WORTH E Long a. Fort Worth 4 9\` " C� a CO O �dibr s III J _PATTON� j Jr s ook 1 O Ur — 2 U Z z_ 1 a 0 250 500 1,000 C A *ame�aCD 0lvd Feet J �11 i Ri chi an Glenview /�Di AI m Haltom City 6akei Blv jay Hurst Blvd � a' A A c Mid a. d S « S v� z 'Voe\�;11 Rd K pirp� undo _� r 3LairRa �iE 4a-rca.ter Ave e� ' } n y a �i t - _A m m ` E H err " 2 Q y St O oc a O� • m O O 0 3 Sao a �vs ' G " Forest Hill �Gr WS m KEY MAP o `3, 7 % 2022 Bond Year 3 Contract 18 City Project No. 104324 IIIII io�llI' I`c\ IIAttachment E � p sEop.E aZ Location Map 2 of 2 N — II II II IIIII IIIIIII IIIIIIIIII IIIIII I I I I I I I I I I I I I:V'E�J i��I H I III I I� 11 IIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIII>IIIIIII III 1ASJ„111L: I I I I 1111 I I Il�,lllllllll�iiil 111111111111111;=.IIIIIIIIIIIIIIIIWllIll II I I IIII I IIIII III III II IIJIJIII�i.6;; I IIIHII II II II I I I I I I I III Prop ater 'IIIIIdII—IIIC—I:�IIL(IIIIIIIIIIIII IIII IIII IIIII IIIII IIIII IIIII IIII III II IIIWIIII IIIIlIIIIIIII III IIII II�JI�I III II II Proposed LIfI -�1IL�T=LIao=te�I LIIIJII�IPaving i.E; 'AV E„' €„JII � II :.IE'J AVE _J1 H I1Vd1 ILU III� I I I I I I I I I PIIJ111JJ I I I I I I I LIJJJ111J I I10 Toll --mslblli4 t ricaster Ave a m E Berry s ^ 2 r O °c • a G7 e 3 ,o �W V' s Forest Hill �Gr ws \P 2022 Bond Year 3 Contract 18 City Project No. 104324 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. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered bythe commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non -owned autos is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Rev. 5.04.21 Page 1 of 3 2022 Bond Year 3 Contract 18 City Project No. 104324 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 2022 Bond Year 3 Contract 18 City Project No. 104324 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self -insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first -dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims - made basis, shall contain a retroactive date coincident with or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 2022 Bond Year 3 Contract 18 City Project No. 104324 NAMED INSURED: IEA, Inc. POLICY # 46UUNOL5540 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - OPTION IV This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Designated Project(s) Or Location(s) Or OrgpmptionIs Of Covered Operations: ALL, EXCEPT ADDIT OVALL N UREDS THAT ARE INSURED UNDER A SEPARATE ADDITIONAL INSURED ENDORSEMENT ON THIS POLICY. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. With respect to those person(s) or organization(s) shown in the Schedule above when you have agreed in a written contract or written agreement to provide insurance such as is afforded under this policy to them, Subparagraph f., Any Other Party, under the Additional Insureds When Required By Written Contract, Written Agreement Or Permit Paragraph of Section II — Who Is An Insured is replaced with the following: f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of: (1) Your ongoing operations performed for such additional insured at the project(s) or location(s) designated in the Schedule; (2) Premises owned by or rented to you and shown in the Schedule; or (3) "Your work" for the additional insured at the project(s) or location(s) designated in the Schedule and included within the "products -completed operations hazard", Form HS 24 83 07 13 but only if: (a) The written contract or written agreement requires you to provide such coverage to such additional insured at the project(s) or location(s) designated in the Schedule; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". The insurance afforded to the additional insured shown in the Schedule applies: (1) Only if the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed: (a) During the policy period; and (b) Subsequent to the execution of such written contract or written agreement; and (c) Prior to the expiration of the period of time that the written contract or written agreement requires such insurance be provided to the additional insured. Page 1 of 2 © 2013, The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission.) (2) Only to the extent permitted by law; and (3) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. With respect to the insurance afforded to the person(s) or organization(s) that are additional insureds under this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or specifications; or (2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to the additional insured shown in the Schedule are described in the Limits Of Insurance section. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions, except as otherwise amended below. B. With respect to insurance provided to the person(s) or organization(s) that are additional insureds under this endorsement, the When You Add Others As An Additional Insured To This Insurance subparagraph, under the Other Insurance Condition of Section IV — Commercial General Liability Conditions is replaced with the following: When You Add Others As An Additional Insured To This Insurance (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Paragraph (c) below. This insurance does not apply to other insurance to which the additional insured in the Schedule has been added as an additional insured. (b) Primary And Non -Contributory To Other Insurance When Required By Contract This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured in the Schedule is a Named Insured under such other insurance; and (ii) You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured in the Schedule. (c) Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer 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 does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. All other terms and conditions in the policy remain unchanged. Page 2 of 2 Form HS 24 83 07 13 NAMED INSURED: IEA, Inc. POLICY # 46UUNOL5540 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: BLANKET AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above 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". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 NAMED INSURED: IEA, Inc. POLICY # 46UENOL5541 COMMERCIAL AUTOMOBILE HA99160312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. E. Primary and Non -Contributory if Required by Contract Only with respect to insurance provided to an additional insured in 1.D. - Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. 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: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in Other Insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5 applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b. Section III — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) 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; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" 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. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 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. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. POLICY PERIOD, COVERAGE TERRITORY of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for 'bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D. - DEDUCTIBLE - of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 4 of 5 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 Named Insured: IEA, Inc. Policy Number: 46XHUOL5542 tL ay it UMBRELLA LIABILITY POLICY PROVISIONS In this policy the words "you" and "your" refer to the the "bodily injury" or "property damage" Named Insured first shown in the Declarations and occurred, then any continuation, change any other person or organization qualifying as a or resumption of such "bodily injury" or Named Insured under this policy. "We", "us" and "property damage" during or after the "our" refer to the stock insurance company member "policy period" will be deemed to have of The Hartford Financial Services Group Inc. shown been known prior to the "policy period". in the Declarations. 3. "Bodily injury" or "property damage" will be Other words and phrases that appear in quotation deemed to have been known to have marks also have special meaning. Refer to occurred at the earliest time when any DEFINITIONS (Section VII). insured listed under paragraph A. of Section IN RETURN FOR THE PAYMENT OF THE III - Who Is An Insured or any "employee" PREMIUM, in reliance upon the statements in the authorized by you to give or receive notice Declarations made a part hereof and subject to all of of an 'occurrence" or claim: the terms of this policy, we agree with you as a. Reports all, or any part, of the "bodily follows: injury" or "property damage" to us or any SECTION I - COVERAGES other insurer; INSURING AGREEMENTS b. Receives a written or verbal demand or A. Umbrella Liability Insurance claim for damages because of the "bodily "property injury" or damage"; or 1. We will pay those sums that the "insured" c. Becomes aware by any other means becomes legally obligated to pay as "damages" "underlying that "bodily injury" or "property damage" in excess of the "self has occurred or has begun to occur. insurance" or of the -insured retention" when no "underlying insurance" applies, B. Exclusions because of "bodily injury", "property This policy does not apply to: damage" or "personal and advertising injury" 1. Pollution to which this insurance applies caused by an "occurrence". Any obligation: But, the amount we will pay as "damages" is limited as described in a. To pay for the cost of investigation, Section IV - LIMITS OF INSURANCE. defense or settlement of any claim or No other obligation or liability to pay sums or suit against any "insured" alleging actual perform acts or services is covered unless or threatened injury or damage of any explicitly provided for under Section II - nature or kind to persons or property INVESTIGATION, DEFENSE, which arises out of or would not have SETTLEMENT. occurred but for the pollution hazard; or 2. This insurance applies to "bodily injury", b. To pay any "damages", judgments, "property damage" or "personal and settlements, loss, costs or expenses advertising injury" only if: that may be awarded or incurred: a. The "bodily injury", "property damage" or i. By reason of any such claim or suit "personal and advertising injury" occurs or any such injury or damage; or during the "policy period"; and ii. In complying with any action b. Prior to the "policy period", no insured authorized by law and relating to listed under Paragraph A. of Section III - such injury or damage. Who Is An Insured and no "employee" As used in this exclusion, pollution authorized by you to give or receive notice hazard means an actual exposure or of an 'occurrence" or claim, knew that the threat of exposure to the corrosive, toxic "bodily injury" or "property damage" had or other harmful properties of any solid, occurred, in whole or in part. If such a liquid, gaseous or thermal: listed insured or authorized "employee" a. Pollutants; knew, prior to the "policy period", that b. Contaminants; Form XL 00 03 09 16 Page 1 of 14 © 2016, The Hartford c. Irritants; or (b) Otherwise in the course of d. Toxic substances; transit by or on behalf of the Including: "insured"; or Smoke; (c) Being stored, disposed of, treated or processed in or Vapors; upon any "auto"; Soot; (2) Before the "pollutants" or any Fumes; property in which the Acids; "pollutants" are contained are moved from the place where Alkalis; they are accepted by the Chemicals, and "insured" for movement into or Waste materials consisting of or onto any "auto"; or containing any of the foregoing. (3) After the "pollutants" or any Waste includes materials to be property in which the recycled, reconditioned or "pollutants" are contained are reclaimed. moved from any "auto" to the EXCEPTION place where they are finally delivered, disposed of or This exclusion does not apply: abandoned by the "insured". a. To "bodily injury" to any of your Paragraph (1) above does not apply "employees" arising out of and in to fuels, lubricants, fluids, exhaust the course of their employment by gases or other similar "pollutants" you; or that are needed for or result from b. To injury or damage as to which the normal electrical, hydraulic or valid and collectible "underlying mechanical functioning of an "auto", insurance" with at least the covered by the "underlying minimum limits shown in the insurance" or its parts, if: Schedule of Underlying Insurance a. The "pollutants" escape, seep, Policies is in force and applicable to migrate, or are discharged or the "occurrence". In such event, released directly from an "auto" any coverage afforded by this policy part designed by its for the "occurrence" will be subject manufacturer to hold, store, to the pollution exclusions of the receive or dispose of such "underlying insurance" and to the "pollutants'; and conditions, limits and other b. The "bodily injury,' "property provisions of this policy. In the event "covered that "underlying insurance" is not damage" or pollution maintained with limits of liability as cost or expense" does not arise set forth in the Schedule of out of the operation of any Underlying Insurance Policies, following equipment: coverage under any of the i. Air compressors, pumps and provisions of this exception does not generators, including apply. spraying, welding, building Exception b. does not apply to: cleaning, geophysical exploration, lighting or well "Bodily injury" or "property damage" servicing equipment; and arising out of the actual, alleged or ii. Cherry pickers and similar threatened discharge, dispersal, devices mounted on seepage, migration, release or automobile or truck chassis escape of "pollutants": and used to raise or lower (1) That are, or that are contained workers. in any property that is Paragraphs (2) and (3) above do not (a) Being transported or towed apply to "accidents" that occur away by, handled, or handled for from premises owned by or rented movement into, onto or to an "insured" with respect to from, any "auto"; "pollutants" not in or upon an "auto" Page 2 of 14 Form XL 00 03 09 16 covered by the "underlying insurance" if: a. The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of the "auto", and b. The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 2. Workers Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. 3. Contractual Liability Liability assumed by the "insured" under any contract or agreement with respect to an "occurrence" taking place before the contract or agreement is executed. 4. Personal And Advertising Injury This policy does not apply to "personal and advertising injury". EXCEPTION This exclusion does not apply to the extent that coverage for such "personal and advertising injury" is provided by "underlying insurance", but in no event shall any "personal and advertising injury" coverage provided under this policy apply to any claim or "suit" to which "underlying insurance" does not apply. Any coverage restored by this EXCEPTION applies only to the extent that such coverage provided by the "underlying insurance" is maintained having limits as set forth in the Schedule of Underlying Insurance Policies. 5. Underlying Insurance Any injury or damage: a. Covered by "underlying insurance" but for any defense which any underlying insurer may assert because of the "insured's" failure to comply with any condition of its policy; or b. For which "damages" would have been payable by "underlying insurance" but for the actual or alleged insolvency or financial impairment of an underlying insurer. 6. Aircraft "Bodily injury" or "property damage" arising out of the ownership, operation, maintenance, use, entrustment to others, loading or unloading of any aircraft: a. Owned by any "insured"; or b. Chartered or loaned to any "insured". This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to aircraft that is: a. Hired, chartered or loaned with a paid crew; but b. Not owned by any "insured". This exclusion does not apply to "bodily injury" to any of your "employees" arising out of and in the course of their employment by you. 7. Watercraft "Bodily injury" or "property damage" arising out of the ownership, operation, maintenance, use, entrustment to others, loading or unloading of any watercraft. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: a. Watercraft you do not own that is: (1) Less than 51 feet long, and (2) Not being used to carry persons or property for a charge; b. "Bodily injury" to any of your "employees" arising out of and in the course of their employment by you; or c. Any watercraft while ashore on premises owned by, rented to or controlled by you. 8. War Any injury or damage, however caused, arising, directly or indirectly, out of: a. War, including undeclared or civil war; or Form XL 00 03 09 16 Page 3 of 14 b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 9. Damage To Property "Property damage" to property you own. 10. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. 11. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. 12. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: a. A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. 13. Recall Of Products, Work Or Impaired Property "Damages" claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: a. "Your product'; b. "Your work"; or c. "Impaired Property" if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. 14. Expected Or Intended "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 15. Employer Liability Coverage afforded any of your "employees" for "bodily injury" or "personal and advertising injury": a. To other "employees" arising out of and in the course of their employment; b. To the spouse, child, parent, brother or sister of that "employee" as a consequence of such "bodily injury" to that "employee". c. To you or, any of your partners or members, (if you are a partnership, joint venture), or your members (if you are a limited liability company); or d. Arising out of the providing or failing to provide professional health care services. Subparagraphs a. and b. of this exclusion apply: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share "damages" with or repay someone else who must pay "damages" because of the injury. EXCEPTION Subparagraphs a. and b. of this exclusion do not apply if "underlying insurance" is maintained providing coverage for such liability with minimum underlying limits, as described in the Schedule of Underlying Insurance Policies. 16. Property Damage To Employee's Property Coverage afforded any of your "employees" for "property damage" to property owned or occupied by or rented or loaned to: a. That "employee"; b. Any of your other "employees'; c. Any of your partners or members (if you are a partnership or joint venture); or d. Any of your members (if you are a limited liability company). Page 4 of 14 Form XL 00 03 09 16 17. Uninsured Or Underinsured Motorists 20. Asbestos Any claim for: Any injury, damages, loss, cost or expense, a. Uninsured or Underinsured Motorists including but not limited to "bodily injury", Coverage; "property damage" or "personal and advertising injury" arising out of, or relating b. Personal injury protection; to, in whole or in part, the "asbestos hazard" c. Property protection; or that: d. Any similar no-fault coverage by a. May be awarded or incurred by reason whatever name called; of any claim or suit alleging actual or Unless this policy is endorsed to provide threatened injury or damage of any such coverage. nature or kind to persons or property 18. Employment Practices Liability which would not have occurred in whole "asbestos or in part but for the hazard"; a. Any injury or damage to: or (1) A person arising out of any: b. Arise out of any request, demand, order, (a) Refusal to employ that person; or statutory or regulatory requirement (b) Termination of that person's that any insured or others test for, employment; or monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in (c) Employment -related practices, any way respond to or assess the policies, acts or omissions, such effects of any "asbestos hazard'; or as but not limited to: coercion, c. Arise out of any claim or suit for demotion, evaluation, damages because of testing for, reassignment, discipline, defamation, harassment, monitoring, cleaning up, removing, humiliation, discrimination or encapsulating, containing, treating, malicious prosecution directed detoxifying or neutralizing or in any way at that person; or responding to or assessing the effects of "asbestos an hazard". (2) The spouse, child, parent, brother or sister of that person, as a consequence of any injury or damage to that person at whom any of the employment -related practices described in paragraphs (a), (b), or (c) above is directed. This exclusion applies: i. Whether the injury -causing event described in part (1) above occurs before employment, during employment or after employment of that person; ii. Whether the "insured" may be liable as an employer or in any other capacity; and iii. To any obligation to share "damages" with or repay someone else who must pay "damages" because of the injury. 19. Employee Retirement Income Security Act Any liability arising out of intentional or unintentional violation of any provision of the Employee Retirement Income Security Act of 1974, Public Law 93-406 (commonly referred to as the Revision Act of 1974), or any amendments to them. 21. Racing And Stunting Activities "Bodily injury" or "property damage" arising out of the ownership, operation, maintenance, use, entrustment to others, or loading or unloading of any "auto" or "mobile equipment" while being used in any: a. Prearranged or organized racing, speed or demolition contest; b. Stunting activity; or c. Preparation for any such contest or activity. 22. Access Or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: a. Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or b. The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit Form XL 00 03 09 16 Page 5 of 14 monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 23. Limited Underlying Coverage Any injury, damage, loss, cost or expense, including but not limited to "bodily injury", "property damage" or "personal and advertising injury" for which: a. an "underlying insurance" policy or policies specifically provides coverage; but b. because of a provision within the "underlying insurance" such coverage is provided at a limit or limits of insurance that are less than the limit(s) for the "underlying insurance" policy or policies shown on the Schedule of Underlying Insurance Policies. 24. Recording And Distribution Of Material Or Information In Violation Of Law Any injury, damage, loss, cost or expense, including but not limited to "bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; b. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; c. The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or d. Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. SECTION II - INVESTIGATION, DEFENSE, SETTLEMENT A. With respect to "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies (whether or not the "self -insured retention" applies) and 1. For which no coverage is provided under any "underlying insurance'; or 2. For which the underlying limits of any "underlying insurance" policy have been exhausted solely by payments of "damages" because of "occurrences" during the "policy period", We: 1. Will have the right and the duty to defend any "suit" against the "insured" seeking "damages" on account thereof, even if such "suit" is groundless, false or fraudulent; but our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under coverages afforded by this policy; 2. May make such investigation and settlement of any claim or "suit" as we deem expedient; 3. Will pay all expenses incurred by us, all court costs taxed against the "insured" in any "suit" defended by us and all interest on the entire amount of any judgment therein which accrues after the entry of the judgment and before we have paid or tendered or deposited in court that part of the judgment which does not exceed the applicable limit of insurance. However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses of a party taxed to the insured; 4. Will pay all premiums on appeal bonds required in any such "suit", premiums on bonds to release attachments in any such "suit" for an amount not in excess of the applicable limit of insurance, and the cost of bail bonds required of the "insured" because of an accident or traffic law violation arising out of the operation of any vehicle to which this policy applies, but we will have no obligation to apply for or furnish any such bonds; 5. Will pay all reasonable expenses incurred by the "insured" at our request in assisting us in the investigation or defense of any claim or "suit", including actual loss of earnings not to exceed $500 per day per "insured"; Page 6 of 14 Form XL 00 03 09 16 and the amounts so incurred, except settlement your business, or your "employees," other of claims and "suits," are not subject to the "self- than your "executive officers" (if you are an insured retention" and are payable in addition to organization other than a partnership, joint any applicable limit of insurance. venture or limited liability company) or your The "Insured" agrees to reimburse us promptly managers (if you are a limited liability for amounts paid in settlement of claims or company), but only for acts: "suits" to the extent that such amounts are within a. Within the scope of their employment by the "self -insured retention". you or while performing duties related to B. You agree to arrange for the investigation, the conduct of your business; and defense or settlement of any claim or "suit" in b. Only if such "volunteer workers" or any country where we may be prevented by law "employees" are insureds under from carrying out this agreement. We will pay "underlying insurance" with limits of defense expenses incurred with our written liability no less than stated in the consent in connection with any such claim or Schedule of Underlying Insurance "suit" in addition to any applicable limit of Policies, subject to all the coverage, insurance. We will also promptly reimburse you terms, conditions and limitations of such for our proper share, but subject to the "underlying insurance". applicable limit of insurance, of any settlement 2. Any person or organization with whom you above the "self -insured retention" made with our agreed, because of a written contract, written consent. written agreement or because of a permit C. We will have the right to associate at our issued by a state or political subdivision, to expense with the "insured" or any underlying provide insurance such as is afforded under insurer in the investigation, defense or this policy, but only with respect to your settlement of any claim or "suit" which in our operations, "your work" or facilities owned or opinion may require payment hereunder. In no used by you. event, however, will we contribute to the cost This provision does not apply: and expenses incurred by any underlying a. Unless the written contract or written insurer. agreement has been executed, or the SECTION III - WHO IS AN INSURED permit has been issued prior to the A. If you are doing business as: "bodily injury," "property damage," or 1. An individual, you and your spouse are "personal and advertising injury"; and "insureds", but only with respect to the b. Unless limits of liability specified in such conduct of a business of which you are the written contract, written agreement or sole owner. permit is greater than the limits shown 2. A partnership or joint venture, you are an for "underlying insurance"; or "insured". Your members, your partners, and c. Beyond the period of time required by their spouses are also "insureds", but only the written contract or written with respect to the conduct of your business. agreement. 3. A limited liability company, you are an 3. Any person or organization having proper "insured". Your members are also temporary custody of your property if you "insureds", but only with respect to the die, but only: conduct of your business. Your managers a. With respect to liability arising out of the are "insureds", but only with respect to their maintenance or use of that property; duties as your managers. and 4. An organization other than a partnership, b. Until your legal representative has been joint venture or limited liability company, you appointed. are an "insured". Your "executive officers" "insureds", 4. Your legal representative if you die, but only and directors are but only with with respect to his or her duties as such. respect to their duties as your officers or That representative will have all your rights directors. Your stockholders are also "insureds", and duties under this policy. but only with respect to their liability as stockholders. C. With respect to "auto", any "insured" in the 5. A trust, you are an "insured". Your trustees "underlying insurance" is an "insured" under this are also "insureds", but only with respect to insurance policy, subject to all the limitations of "underlying their duties as trustees. such insurance". B. Each of the following is also an "insured": D. Any organization you newly acquire or form, other than a partnership, joint venture or limited 1. Your "volunteer workers" only while liability company, and over which you maintain performing duties related to the conduct of Form XL 00 03 09 16 Page 7 of 14 financial interest of more than 50% of the voting stock, will qualify as an "insured" if there is no other similar insurance available to that organization. However: 1. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the "policy period", whichever is earlier; 2. This insurance does not apply to "bodily injury' or "property damage" that occurred before you acquired or formed the organization; and 3. This insurance does not apply to "personal and advertising injury' arising out of an offense committed before you acquired or formed the organization. B. The Limit of Insurance stated as the General Aggregate Limit is the most we will pay for the sum of "damages", other than "damages": 1. Because of injury or damage included within the "products -completed operations hazard"; 2. Because of "bodily injury' by disease to your "employees" arising out of and in the course of their employment by you; and 3. Because of "bodily injury' and "property damage" arising out of the ownership, operations, maintenance, use, entrustment to others, loading or unloading of any "auto". C. The Limit of Insurance stated as the Products Completed Operations Aggregate Limit is the most we will pay for "damages" because of injury or damage included within the "products - completed operations hazard". E. Each person or organization, not included as an D. The Limit of Insurance stated as the Bodily "insured" in Paragraphs A., B., C., or D., who is Injury By Disease Aggregate Limit is the most an "insured" in the "underlying insurance" is an we will pay for "damages" because of "bodily "insured" under this insurance subject to all the injury' by disease to your "employees" arising terms, conditions and limitations of such out of and in the course of their employment by "underlying insurance". you. No person or organization is an "insured" with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. With respect to any person or organization who is not an "insured" under "underlying insurance", coverage under this policy shall apply only to loss in excess of the amount of the "underlying insurance" or "self -insured retention" applicable to you. However, coverage afforded by reason of the provisions set forth above applies only to the extent: (i) Of the scope of coverage provided by the "underlying insurance" but in no event shall coverage be broader than the scope of coverage provided by this policy and any endorsements attached hereto; and (ii) That such coverage provided by the "underlying insurance" is maintained having limits as set forth in the Schedule of Underlying Insurance Policies. SECTION IV - LIMITS OF INSURANCE A. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: 1. "Insureds"; 2. Claims made or "suits" brought; 3. Persons or organizations making claims or bringing "suits"; or 4. Coverages under which damages are covered under this policy. E. Subject to B., C., or D above, whichever applies, the Each Occurrence Limit is the most we will pay for "damages" because of all "bodily injury', "property damage", and "personal and advertising injury' arising out of any one "occurrence". F. Our obligations under this insurance end when the applicable Limit of Insurance available is used up. If we pay any amounts for "damages" in excess of that Limit of Insurance, you agree to reimburse us for such amounts. G. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the "policy period" shown in the Declarations. However, if the "policy period" is extended after issuance for an additional period of less than 12 months, the additional period will be deemed part of the last preceding period for the purpose of determining the Limits of Insurance. SECTION V - NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) A. The insurance does not apply: 1. To "bodily injury" or "property damage": a. With respect to which an "insured" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured Page 8 of 14 Form XL 00 03 09 16 under any such policy but for its termination upon exhaustion of its limit of liability; or b. Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "insured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. 2. To "bodily injury" or "property damage" resulting from the "hazardous properties" of "nuclear material" if: a. The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, an "insured" or (b) has been discharged or dispersed therefrom; b. The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an "insured"; or c. The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility", but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion c. applies only to "property damage" to such "nuclear facility" and any property thereat. B. As used in this exclusion: "Hazardous properties" include radioactive, toxic or explosive properties; "Nuclear material" means "source material", "special nuclear material" or "by-product material"; "Source material", "special nuclear material" and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor"; "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means: (1) Any "nuclear reactor"; (2) Any equipment or device designed or used for (a) separating the isotopes of uranium or plutonium, (b) processing or utilizing "spent fuel," or (c) handling, processing or packaging "waste"; (3) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (4) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; "Property damage" includes all forms of radioactive contamination of property. SECTION VI - CONDITIONS A. Premium All premiums for this policy shall be computed in accordance with Item 5 of the Declarations. The premium stated as such in the Declarations is a deposit premium only which shall be credited to the amount of any earned premium. At the close of each "policy period", the earned premium shall be computed for such period, and upon notice thereof to the Named Insured first shown in the Declarations shall become due and payable by such Named Insured. If the total earned premium for the "policy period" is less than the premium previously paid and more than the minimum premium, we shall return to such Named Insured the unearned portion paid by such Named Insured. The Named insured first shown in the Declarations shall maintain records of such information as is necessary for premium computation, and shall send copies of such records to us at the end of the "policy period" and at such times during the "policy period" as we may direct. Form XL 00 03 09 16 Page 9 of 14 B. Inspection And Audit b. Notify us in writing as soon as We shall be permitted but not obligated to practicable if the claim is likely to inspect your property and operations at any exceed the amount of the "self -insured time. Neither our right to make inspections, nor retention" or "underlying insurance", the making thereof, nor any report thereon, shall whichever applies. constitute an undertaking on your behalf or for 3. You and any other involved insured must: your benefit or that of others to determine or a. Immediately send us copies of any warrant that such property or operations are: demands, notices, summonses or legal 1. Safe; papers received in connection with the 2. Healthful; or claim or "suit" involving or likely to involve a sum in excess of any "self- 3. In compliance with any law, rule or insured retention" or "underlying regulation. insurance", whichever applies'; We may examine and audit your books and b. Authorize us to obtain records and other records at any time during the "policy period" information; and extensions thereof and within three years c. Cooperate with us in the investigation or after the final termination of this policy, insofar settlement of the claim or defense as they relate to the subject matter of this policy. against the "suit'; and C. Duties In The Event Of Occurrence, Claim Or d. Assist us, upon our request in the Suit enforcement of any right against any 1. You must see to it that we are notified as person or organization which may be soon as practicable of an "occurrence" liable to the insured because of injury or which may result in a claim under this policy. damage to which this policy or any This requirement applies only when such "underlying insurance" or "self -insured "occurrence" is known to any of the retention" may apply. following: 4. No insured will, except at that insured's own a. You or any additional insured that is an cost, make or agree to any settlement for a individual; sum in excess of: b. Any partner, if you or an additional a. The total limits of "underlying insured are a partnership; insurance"; or c. Any manager, if you or an additional b. The "self -insured retention" if no insured are a limited liability company; "underlying insurance" applies without d. Any "executive officer" or insurance our consent. manager, if you or an additional insured 5. No insureds will, except at that insured's are a corporation; own cost, make a payment, assume any e. Any trustee, if you or an additional obligation, or incur any expenses, other than insured is a trust; or first aid, without our consent. f. Any elected or appointed official, if you D. Assistance And Cooperation Of The Insured or an additional insured is a political The "insured" shall: subdivision or public entity. 1. Cooperate with us and comply with all the This duty applies separately to you and any terms and conditions of this policy; and additional insured. 2. Cooperate with any of the underlying To the extent possible, notice should insurers as required by the terms of the include: "underlying insurance" and comply with all a. How, when and where the "occurrence" the terms and conditions thereof. took place; The "insured" shall enforce any right of b. The names and addresses of any contribution or indemnity against any person or "insured" injured persons and witnesses; and organization who may be liable to the "bodily "property c. The nature and location of any injury or because of injury", damage" or "personal "occurrence" and advertising injury" with respect to damage arising out of the "offense". this policy or any "underlying insurance". or "suit" E. Legal Action Against Us 2. If a claim is made or is brought against any insured, you must: No person or organization has a right under this policy: a. Immediately record the specifics of the claim or "suit" and the date received; a. To join us as a party or otherwise bring us and into a "suit" asking for damages from an insured; or Page 10 of 14 Form XL 00 03 09 16 b. To sue us on this policy unless all of its terms and those of the "underlying insurance" have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but, we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the limit of liability. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. F. Appeals In the event the "insured" or the "insured's" underlying insurer elects not to appeal a judgment in excess of the "underlying insurance" or the "self -insured retention," we may elect to make such appeal, at our cost and expense. If we so elect, we shall be liable in addition to the applicable Limit of Insurance, for the: 1. Taxable costs; 2. Disbursements; and 3. Additional interest incidental to such appeal; But in no event will we be liable for "damages" in excess of the applicable aggregate Limit of Insurance. If a judgment is rendered in excess of the limits of "underlying insurance" and we offer to pay our full share of such judgment, but you or your underlying insurers elect to appeal it, you, your underlying insurers or both will bear: a. The cost and duty of obtaining any appeal bond; b. The taxable costs, disbursements and additional interest incidental to such appeal; and c. Any increase in damages over the amount the matter could have been settled for after the verdict was entered and before the appeal was filed. G. Other Insurance This policy shall apply in excess of all "underlying insurance" whether or not valid and collectible. It shall also apply in excess of other valid and collectible insurance (except other insurance purchased specifically to apply in excess of this insurance) which also applies to any loss for which insurance is provided by this policy. These excess provisions apply, whether such other insurance is stated to be: 1. Primary; 2. Contributing; 3. Excess; or 4. Contingent. H. Transfer Of Rights Of Recovery Against Others To Us 1. Transfer Of Rights Of Recovery If the insured has rights to recover all or a part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after a loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. a. Recoveries shall be applied to reimburse: (1) First, any interest (including the Named Insured) that paid any amount in excess of our limit of liability; (2) Second, us, along with any other insurers having a quota share interest at the same level; (3) Third, such interests (including the Named Insured) of whom this insurance is excess. However, a different apportionment may be made to effect settlement of a claim by agreement signed by all interests. b. Reasonable expenses incurred in the exercise of rights of recovery shall be apportioned among all interests in the ratio of their respective losses for which recovery is sought. 2. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the "insured" has waived any rights of recovery against any person or organization for all or part of any payment we have made under this policy, we also waive that right, provided the "insured" waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Changes This policy contains all the agreements between you and us concerning the insurance afforded. Notice to any agent, or knowledge possessed by any agent or any other person shall not effect a waiver or a change in any part of this policy, or stop us from asserting any rights under the terms of this policy. The Named Insured first shown in the Declarations is authorized on behalf of all "insureds" to agree with us on changes in the terms of this policy. If the terms are changed, the changes will be shown in an endorsement issued by us and made a part of this policy. Form XL 00 03 09 16 Page 11 of 14 J. Separation Of Insureds Except with respect to the Limits of Liability, and any rights or duties specifically assigned in this policy to the Named Insured first shown in the declarations, this insurance applies: a. As if each Named Insured were the only Named Insured: and b. Separately to each insured against whom claim is made or "suit" is brought. K. Maintenance Of Underlying Insurance Policies affording in total the coverage and limits stated in the Schedule of Underlying Insurance Policies shall be maintained in full effect during the currency of this policy. Your failure to comply with the foregoing shall not invalidate this policy, but in the event of such failure, we shall be liable only to the extent that we would have been liable had you complied herewith. The Named Insured first shown in the Declarations shall give us written notice as soon as practicable of any of the following: 1. Any change in the coverage or in the limits of any "underlying insurance", including but not limited to a change from occurrence coverage to claims made coverage; 2. Termination of part or all of one or more of the policies of "underlying insurance"; 3. Reduction or exhaustion of an aggregate limit of liability of any "underlying insurance". The "self -insured retention" shall not apply should the "underlying insurance" be exhausted by the payment of claims or "suits" which are also covered by this policy. L. Cancellation 1. The Named Insured first shown in the Declarations may cancel this policy by mailing or delivering to us or to any of our authorized agents advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the Named Insured first shown in the Declarations at the address shown in this policy, written notice of cancellation at least: a. 10 days before the effective date of cancellation if such Named Insured fails to pay the premium or any installment when due; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. If notice is mailed, proof of mailing will be sufficient proof of notice. Notice will state the effective date of cancellation. The "policy period" will end on that date. Delivery of such notice by the Named Insured first shown in the Declarations or by us will be equivalent to mailing. 4. If the Named Insured first shown in the Declarations cancels, the refund may be less than pro rata, but we will retain any minimum premium stated as such in the Declarations. If we cancel, the refund will be pro rata. The cancellation will be effective even if we have not made or offered a refund. M. Non -Renewal 1. If we decide not to renew, we will mail or deliver to the Named Insured first shown in the Declarations, at the address shown in this policy, written notice of non -renewal at least 30 days before the end of the "policy period". 2. If notice is mailed, proof of mailing will be sufficient proof of notice. 3. If we offer to renew but such Named Insured does not accept, this policy will not be renewed at the end of the current "policy period". N. Workers' Compensation Agreement With respect to "bodily injury" to any officer or other employee arising out of and in the course of employment by you, you represent and agree that you have not abrogated and will not abrogate your common-law defenses under any Workers' Compensation Law by rejection of such law or otherwise. If at any time during the "policy period" you abrogate such defenses, the insurance for "bodily injury" to such officer or other employee automatically terminates at the same time. O. Bankruptcy Or Insolvency In the event of the bankruptcy or insolvency of the "insured" or any entity comprising the "insured", we shall not be relieved of any of our obligations under this policy. P. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. The statements in the Schedule Of Underlying Insurance Policies are accurate and complete; c. The statements in a. and b. are based upon representations you made to us: d. We have issued this policy in reliance upon your representations; and e. If unintentionally you should fail to disclose all hazards at the inception of this policy, we shall not deny coverage under this policy because of such failure. Page 12 of 14 Form XL 00 03 09 16 SECTION VII - DEFINITIONS Except as otherwise provided in this section or amended by endorsement, the words or phrases that appear in quotation marks within this policy shall follow the definitions of the applicable "underlying insurance" policy. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury' or "property damage". "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement; or 2. Any claim or "suit" by or on behalf of a governmental authority demanding that the "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (1) That are, or that are contained in any property that is: a. Being transported or towed by, handled, or handled for movement into, onto or from, any "auto"; b. Otherwise in the course of transit by or on behalf of the "insured"; or c. Being stored, disposed of, treated or processed in or upon any "auto"; or (2) Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto any "auto"; or (3) After the "pollutants" or any property in which the "pollutants" are contained are moved from any "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of an "auto", covered by the "underlying insurance" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury," "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in paragraphs 6.b and 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon an "auto" covered by the "underlying insurance" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of the "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. "Damages" include prejudgment interest awarded against the "insured" on that part of the judgment we pay. "Damages" do not include: 1. Fines; 2. Penalties; or 3. Damages for which insurance is prohibited by the law applicable to the construction of this policy. Subject to the foregoing, "damages" include damages for any of the following which result at any time from "bodily injury" to which this policy applies: 1. Death; 2. Mental anguish; 3. Shock; 4. Disability; or 5. Care and loss of services or consortium. "Insured" means any person or organization qualifying as an insured in the applicable WHO IS AN INSURED provision of this policy. The insurance afforded applies separately to each "insured" against whom claim is made or "suit" is brought, except with respect to the limit of our liability under LIMITS OF INSURANCE (SECTION IV). "Occurrence" means 1. With respect to "bodily injury' or "property damage": an accident, including continuous or Form XL 00 03 09 16 Page 13 of 14 repeated exposure to substantially the same general harmful conditions, and 2. With respect to "personal and advertising injury": an offense described in one of the numbered subdivisions of that definition in the "underlying insurance". "Policy period" means the period beginning with the inception date stated as such in the Declarations and ending with the earlier of: 1. The date of cancellation of this policy; or 2. The expiration date stated as such in the Declarations. "Self -insured retention" means the amount stated as such in the Declarations which is retained and payable by the "insured" with respect to each "occurrence". "Underlying insurance" means the insurance policies listed in the Schedule of Underlying Insurance Policies, including any renewals or replacements thereof, which provide the underlying coverages and limits stated in the Schedule of Underlying Insurance Policies. The limit of "underlying insurance" includes: 1. Any deductible amount; 2. Any participation of any "insured"; and 3. Any "self -insured retention" above or beneath any such policy; Less the amount, if any, by which the aggregate limit of such insurance has been reduced by any payment relating to any act, error, omission, injury, damage or offense for which insurance is provided by this policy, including Medical Payments Coverage as described in the "underlying insurance." The coverages and limits of such policies and any such deductible amount, participation or "self -insured retention" shall be deemed to be applicable regardless of: 1. Any defense which any underlying insurer may assert because of the "insured's" failure to comply with any condition of its policy; or 2. The actual or alleged insolvency or financial impairment of any underlying insurer or any "insured". The risk of insolvency or financial impairment of any underlying insurer or any "insured" is borne by you and not by us. Page 14 of 14 Form XL 00 03 09 16 NAMED INSURED: IEA, Inc. POLICY # 46WBOL6H6V THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 46WBOL6H6V Endorsement Number: Effective Date: 04/1/2023 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: IEA INC 18383 PRESTON RD STE 500 DALLAS TX 75252 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Any person or organization from whom you are required by contract or agreement to obtain this waiver from us. Endorsement is not applicable in KY, NH, NJ or for any MO construction risk Countersigned by Authorized Representative Form WC 00 03 13 Printed in U.S.A. Process Date: Policy Expiration Date: 04/01/2024 NAMED INSURED: IEA, Inc. POLICY # 46WBOL6H6V THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 46WBOL6H6V Endorsement Number: Effective Date: 04/01/2023 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: IEA INC 18383 PRESTON RD STE 500 DALLAS TX 75252 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 () Special Waiver Name of person or organization 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 (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas Operations 3. Premium: The premium charge for this endorsement shall be 2 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: Form WC 42 03 04 B Printed in U.S.A. Process Date: Policy Expiration Date: 04/01/2024 NAMED INSURED: IEA, Inc. POLICY # 46UUNOL5540 & 46UENOL5541 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Form IH 03 07 06 11 Page 1 of 1 © 2011, The Hartford NAMED INSURED: IEA, Inc. POLICY NUMBER: HUN0007901 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION ENDORSEMENT Named Insured: IEA Inc Policy Number: HUN0007901 Endorsement Number: 3 Effective Date of Endorsement: 04/01/2023 Company: QBE Specialty Insurance Company This endorsement modifies insurance provided under the following: ARCHITECTS, ENGINEERS & DESIGN PROFESSIONALS PROFESSIONAL LIABILITY INSURANCE POLICY It is hereby agreed that Section V. GENERAL CONDITIONS, subsection G. SUBROGATION, is amended to add the following: Notwithstanding anything in this subsection to the contrary, the Company waives any right of subrogation that it may have against any entity(ies), but if and to the extent that: (1) the Insured has entered into a written contract with such entity(ies); and (2) such contract specifically waives the Insured's right of subrogation. All other terms and conditions of the Policy remain unchanged. HUNTER-APL-200048 (03-19) NAMED INSURED: IEA, Inc. POLICY NUMBER: HUN0007901 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT Named Insured: IEA Inc Policy Number: HUN0007901 Endorsement Number: 4 Effective Date of Endorsement: 04/01/2023 Company: QBE Specialty Insurance Company This endorsement modifies insurance provided under the following: ARCHITECTS, ENGINEERS & DESIGN PROFESSIONALS PROFESSIONAL LIABILITY INSURANCE POLICY It is hereby agreed that Section V. GENERAL CONDITIONS, subsection I. Other Insurance, is amended to add the following: Notwithstanding anything to the contrary in this subsection, the insurance provided under this Policy shall be primary to, and / or shall not seek contribution from, any similar insurance available to the Insured in which the named insured of such similar available insurance is a third -party entity(ies) with whom the Named Insured has agreed under a written contract to provide Primary and / or Non - Contributory insurance for work performed by the Insured. All other terms and conditions of the Policy remain unchanged. HUNTER-APL-200049 (03-19) 5/10/23, 2:51 PM M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 5/9/2023 REFERENCE NO.: **M&C 23- 0376 LOG NAME: CODE: C TYPE: CONSENT PUBLIC HEARING: FO RT IVO RT 11 202022 BOND YEAR 3- CONTRACT 18 — IEA ME SUBJECT: (CD 5 / Future CD 5, CD 8, and CD 11) Authorize Execution of an Engineering Agreement with IEA, Inc. in the Amount of $523,498.00 for Combined Water, Sanitary Sewer and Street Paving Improvements for 2022 Bond Year 3-Contract 18 Project, Adopt Appropriation Ordinances to Effect a Portion of Water's Contribution to and Amend the Fiscal Years 2023-2027 Capital Improvement Program (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an engineering agreement with IEA, Inc. in the amount of $523,498.00 for combined water, sanitary sewer and street paving improvements for 2022 Bond Year 3 - Contract 18 project (City Project Number 104324); 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $437,943.00, transferred from available funds within the Water and Sewer Fund, for the purpose of funding the 2022 Bond Year 3-Contract 18 project (City Project Number 104324) to effect a portion of Water's Contribution to the Fiscal Years 2023-2027 Capital Improvement Program; 3. Adopt the attached appropriation ordinance adjusting appropriations in the 2022 Bond Program Fund by increasing appropriations in the 2022 Bond Year 3 - Contract 18 project (City Project Number 104324) in an amount of $523,755.00 and decreasing appropriations in the Street Improvement -Deteriorating Streets programmable project (City Project Number P130019) by the same amount; and 4. Amend the TPW's Contribution to Fiscal Years 2023-2027 Capital Improvement Program. DISCUSSION: This Mayor and Council Communication (M&C) is to authorize the preparation of plans and specifications for this Year 3 Neighborhood Streets Improvements project associated with the 2022 Bond Program. For 2022 Bond Year 3-Contract 18 project, this includes water, sanitary sewer, and street paving improvements as indicated below on approximately 2.97 lane miles, on the following streets: Street From To Scope Avenue K W Dead End Vaughn Paving/Water Boulevard Tenison Drive Lancaster W Rosedale Paving/Water/Sewer Avenue Street Roselane Street* Tenison 265 feet west Water Drive Old Handley Osborne 175 feet east Water/Sewer Road* Lane Canton Drive* Tenison Hampshire Water Drive Boulevard apps. cfwnet.org/counci I_packet/mc_review.asp? I D=31003&cou nciIdate=5/9/2023 1 /4 5/10/23, 2:51 PM M&C Review Easement west of Old Handley 515 feet north Sewer Canton Drive* Road Easement east of Roselane Osborne Drive* Street Easement south of Osborne Hett Court* Lane 515 feet north Water/Sewer 160 feet east Sewer *As part of this CIP Project, the Water Department will replace cast iron water mains and/or deteriorated sanitary sewer mains as indicated. In April 2020, the Transportation and Public Works Department (TPW), Capital Delivery Division, published a Request for Qualifications (RFQ) for various engineering consulting services. Forty-six consultants responded to the RFQ for the Planning, Design and Construction Services for Neighborhood Streets Projects area with Statements of Qualifications (SOQ). An evaluation team of City staff subject matter experts from the Capital Delivery Division of TPW scored the SOQ's based on company experience, prior projects, workload, and team experience. A pool of nineteen consultants were prequalified for Neighborhood Streets projects based upon these scores. In an effort to match consultants with projects specific scope, TPW asked the consultants to submit a response to a Request for Additional Information (RFAI) highlighting their proposed design schedule, sub -consultant availability, and project manager workload among other potential project elements. Respondents to the RFAI were scored and based on this scoring, IEA, Inc. was selected as the most qualified consultant to perform design services for this project. The Transportation & Public Works Department's share on this contract is $280,555.00. The Water Department's share on this contract is $242,943.00 will be available in the Water & Sewer Capital Projects Fund for the project (City Project No. 104324). In addition to the contract amount, $438,200.00 (Water: $112,000.00; Sewer: $83,000.00; Paving: $243,200.00) is required for project management, utility coordination, real property acquisition and material testing. This project will have no impact on the Transportation and Public Works' annual operating budget nor on the Water Department's operating budget when completed. Design is expected to start in June 2023 and be completed by September 2024. Construction should commence in April 2025 and be completed in April 2026. The sanitary sewer component of this project is part of the Water Department's Sanitary Sewer Overflow Initiative Program The action in this M&C will amend TPW's contribution to the Fiscal Years 2023-2027 Capital Improvement Program as follow: Capital Fund Fund Name Name 2022 Bond Street Imprv- Program- DeterioratingSts- Fund PB0019 34027 Budget FY2023 CIP Change Revised Appropriations Increase/ FY2023 Budget Decrease $44,335,041.00 $(523,755.00) $43,811,286.00 It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Years 2023-2027 Capital Improvement Program, as follows: 2022 Bond Year 3- Contract 18- IEA, Inc. Budget Capital Revised Project FY2023 CIP Change Budget B Fund Name Appropriations Authority Increase/ Name Decrease) Budget apps. cfwnet.org/counci I_packet/mc_review.asp? I D=31003&cou nciIdate=5/9/2023 2/4 5/10/23, 2:51 PM M&C Review W&S 104324- Capital 2022 Bond Projects- Year 3 - $0.00 This M&C $437,943.00 $437,943.00 Fund Contract 18 56002 2022 Bond 104324- Program- 2022 Bond $0.00 This M&C $523,755.00 $523,755.00 Fund Year 3 - 34027 Contract 18 Funding is budgeted in the Transfer to Water/Sewer account of the Water and Sewer operating budget for the purpose of funding the 2022 Bond Year 3- Contract 18 project within the Water & Sewer Capital Projects Fund (Funds for the M&C will come from the Sewer Transfer to Water/Sewer account), in the Unspecified -All Funds project within the Water & Sewer Capital Projects Fund, in the Street Imprv-DeteriorationgSts programmable project within the 2022 Bond program Fund and the Drainage Improvement Projects programmable project within the Stormwater Capital Projects Fund for the purpose of funding the 2022 Bond Year 3 -Contract 18 project. Appropriations for the water, sanitary sewer, and paving improvements for 2022 Bond Year 3- Contract 18 project by Fund will consist of the following: Fund 2022 Bond Program - Fund 34027 W&S Capital Projects - Fund 56002 Existing Appropriations $0.00 $0.00 Project Total $0.00 *Numbers rounded for presentation purposes. Additional Project Appropriations Total* $523,755.00 $523,755.00 $437,943.00 $437,943.00 $961,698.00 $961,698.00 Business Equity Office: IEA, Inc. is in compliance with the City's Business Equity Ordinance by committing to 100 percent Business Equity participation on this project. The City's Business Equity goal on this project is 17 percent. Additionally, IEA, Inc. is a certified MBE firm. 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 (Ordiance 25515-05-2022). This project is located in COUNCIL DISTRICT 5 and FUTURE COUNCIL DISTRICTS 5,8, and 11. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget of the Water & Sewer Fund and in the current capital budget of the Street Imprv-DeterioratingSts programmable project within the 2022 Bond Program Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the W&S Capital Projects Fund, and 2022 Bond Program Fund for the 2022 Bond Year 3-Contract 18 project to support the approval of the above recommendations and execution of the engineering agreement. Prior to any expenditure being incurred, the Transportation & Public Works and Water Departments have the responsibility of verifying the availability of funds. TO Fund ' Department Account Project Program Activity ID ID Budget Reference # Amount Year (Chartfield 2) apps. cfwnet.org/counci I_packet/mc_review.asp? I D=31003&cou nciIdate=5/9/2023 3/4 5/10/23, 2:51 PM M&C Review FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manaqer's Office by_ William Johnson (5806) Originating Department Head: Lauren Prieur (6035) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 202022 Bond Year 3 Contract 18-IEA Form 1295 for Shakeels sianature.pdf (CFW Internal) 202022 Bond Year 3 Contract 18-IEA Map 1.pdf (Public) 202022 Bond Year 3 Contract 18-IEA Map 2.pdf (Public) 202022 BOND YEAR 3-CONTRACT 18-IEA.docx (CFW Internal) CompMemo 104324 IEA 4.4.23GV.pdf (CFW Internal) Copv of 2022 Bond Year 3-Contract 18- IEA FID Table.xlsx (CFW Internal) ORD.APP202022 BOND YEAR 3-CONTRACT 18 — IEA 34027 A023(r3).docx (Public) ORD.APP202022 BOND YEAR 3-CONTRACT 18 — IEA 56002 A023(r2).docx (Public) PB0019.docx (CFW Internal) PBS CPN 104324.pdf (CFW Internal) SAM Report.pdf (CFW Internal) apps. cfwnet.org/counci I_packet/mc_review.asp? I D=31003&cou nciIdate=5/9/2023 4/4 FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2022 Year 3 Contract 18 M&C: CPN: 104324 CSO: DOC#: Date: To: Name Department Initials Date Out 1. Ilianisse Figueroa Aponte TPW - initial F� May 12, 2023 2 Shakeel Ahmed Consultant - Signature 54 May 13, 2023 sahmeda,ieaworld.com 3. Jose A. Orozco TPW - Signature May 11, 2023 4. Mary Hanna TPW -initials May 15, 2023 5. Leon Wilson TPW -initial Dui May 15, 2023 6. TPW AD (Interim: Michael Owen) TPW - initial Mm May 16, 2023 7. Lauren Prieur TPW - signature VN( May 16, 2023 8. Doug Black Legal - signature d May 17, 2023 9. William Johnson CMO - signature W/47 May 18, 2023 10. Jannette Goodall CSO - signature JL May 18, 2023 11. 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: DYES ®No RUSH: DYES ®No SAME DAY: DYES ❑No NEXT DAY: DYES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: TPWContracts(a,FortWorthTexas.Lyov at ext. 7233 or 8363, for pick up when completed. Thank you! Updated 03.29.2023 mdhm