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HomeMy WebLinkAboutContract 59817CSC No. 59817 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 Dunaway Associates, LLC, authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Intersection Improvement at Cooks Lane and John T. White Rd. — Project No. 104603. 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 $84,300.00 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 Intersection Improvements Cooks Ln & John T. White Rd Standard Agreement for Engineering Related Design Services CPN 104603 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 Intersection Improvements Cooks Ln & John T. White Rd Standard Agreement for Engineering Related Design Services CPN 104603 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 Intersection Improvements Cooks Ln & John T. White Rd Standard Agreement for Engineering Related Design Services CPN 104603 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 Intersection Improvements Cooks Ln & John T. White Rd Standard Agreement for Engineering Related Design Services CPN 104603 Revised Date: November 23, 2021 Page 4 of 15 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 Intersection Improvements Cooks Ln & John T. White Rd Standard Agreement for Engineering Related Design Services CPN 104603 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 respondent superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Fort Worth, Texas Intersection Improvements Cooks Ln & John T. White Rd Standard Agreement for Engineering Related Design Services CPN 104603 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 Intersection Improvements Cooks Ln & John T. White Rd Standard Agreement for Engineering Related Design Services CPN 104603 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 Intersection Improvements Cooks Ln & John T. White Rd Standard Agreement for Engineering Related Design Services CPN 104603 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 [Intersection Improvements Cooks Ln & John T. White Rd Standard Agreement for Engineering Related Design Services CPN 104603 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 Intersection Improvements Cooks Ln & John T. White Rd Standard Agreement for Engineering Related Design Services CPN 104603 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 Intersection Improvements Cooks Ln & John T. White Rd Standard Agreement for Engineering Related Design Services CPN 104603 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 Intersection Improvements Cooks Ln & John T. White Rd Standard Agreement for Engineering Related Design Services CPN 104603 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 Intersection Improvements Cooks Ln & John T. White Rd Standard Agreement for Engineering Related Design Services CPN 104603 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 (Ju 24,202309:58 CDT) William M. Johnson Assistant City Manager Date: Jul 24, 2023 4F FORTS°a ATTEST: A .�Sm-e1` PdQ4 b nEoosa.�d Jannette Goodall City Secretary APPROVAL RECOMMENDED: Ao— By: Lauren Prieur (Jul 21, 2023 07:12 CDT) Lauren L. Prieur, Director Transportation and Public Works Department APPROVED AS TO FORM AND LEGALITY Adsgel i By: DBlwk (Jul 24, )023 09:29 CDT) Douglas W Black Sr. Assistant City Attorney City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 14 of 15 BY: ENGINEER Dunaway Associates, LLC Daniel Tremper (Jun A, 202309:47 CDT) Daniel Tremper, PE Engagement Manager Date: J u n 20, 2023 Form 1295 No. N/A M&C No.: N/A M&C Date: N/A Intersection Improvements Cooks Ln & John T. White Rd CPN 104603 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. aall�l�. Ka�'-� David J. Kastendick, P.E. Sr. Project Manager City of Fort Worth, Texas Intersection Improvements Cooks Ln & John T. White Rd Standard Agreement for Engineering Related Design Services CPN 104603 Revised Date: November 23, 2021 Page 15 of 15 FORT WORTH ATTACHMENT "A" Scope for Enqineerinq Desiqn Related Services for Cooks Ln & John T White Rd RAB The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE Provide professional project management, conceptual engineering design services, survey, for intersection improvements at Cooks Ln and John T White Rd, in Fort Worth, Texas. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design (30%) Taolc 3. PrViFninary Design (60' ) TTmk'I. Find DSSOgn (90 and 100 y-a-sk 5. Rid Phase Services Task 8. Survey a-i4d Subou;-fa% Utility Enn Task 9. Permitth4g Task 10. Quality Control/ Quality Assurance City of Fort Worth, Texas Attachment A Intersection Improvements at Cooks Ln & John T. White Rd Release Date: 07.22.2021 CPN 104603 Page 1 of 25 FORT WORTU., TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team: • Lead, manage and direct design team activities • Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance of the work. Refer to Task 10 for further details. • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting: • Attend a pre -design project kickoff/charter meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Attend one (1 ) GonStFUGtability review meeting with CITY representatives, iRGI diRg Traffin MaRagomont, st the -60°C oubmittsl milestsee • Conduct and document monthly project update meetings with CITY Project Manager • Conduct review meetings with the CITY at the end of each design phase • Conduct and document biweekly design team meetings • Conduct QC/QA reviews and document those activities. Refer to Task 10 for further details • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. Multi -month billing is not allowed. Months in which no work is being invoiced shall require submission of a $0.00 invoice. Prepare and submit monthly Project Status Reports in the format provided by the Transportation and Public Works Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. This PROJECT requires a Tier 3 schedule as defined in the City's Specification 00 31 15 entitled Engineer Project Schedule. • Prepare and submit a preliminary Project Risk Register, Stakeholder Register, and Project Communications Plan. CITY will modify and finalize. Review Project Risk Register periodically with CITY Project Manager and make recommendations to mitigate, accept, or remove risks. City of Fort Worth, Texas Page 2 of 25 Attachment A Release Date: 07.22.2021 Intersection Improvements at Cooks Ln & John T. White Rd Page 2 of 25 CPN 104603 FORT WORTH • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. • Coordinate with other agencies (TxDOT) and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. • With respect to coordination with permitting authorities (TxDOT), ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • One (1) pre -design project kickoff/chartering meeting • One (1) constructability review meeting during design • Four (4) monthly project update meetings during design phase • One (1) plan review meetings • Four (4) biweekly design team meetings • All submittals to the City will be Quality checked prior to submission. • Project Conceptual design phase is anticipated to take sixteen (4) months. • Four (4) monthly updates of Project Status Reports, MWBE forms, TPBE, Risk Register, and project Schedule. DELIVERABLES A. Meeting summaries with action items B. QC/QA documentation C. Baseline design schedule D. Preliminary Project Risk Register, preliminary Stakeholder Register, and preliminary Project Communications Plan E. Monthly Schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly Project Status Reports G. TPBE spreadsheet updates with milestone submittals and when new cost figures are available H. Monthly Project Risk Register updates City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 3 of 25 Page 3 of 25 Intersection Improvements at Cooks Ln & John T. White Rd CPN 104603 FORT WORTH Plan Submittal Checklists (See Task 10) J. Monthly invoices K. Monthly M/WBE Report Form and Final Summary Payment Report Form City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 4 of 25 Page 4 of 25 Intersection Improvements at Cooks Ln & John T. White Rd CPN 104603 FORT WORTH TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. Traffic Count Data: Dunaway will solicit the services of a traffic consultant to acquire pedestrian AM and PM peak traveling counts for the intersection. This data will be acquired before school is out of session and will take place on Tuesday thru Thursday. • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. 2.2. SubourfaGe Utility EnnlneeFing PFE)yude S bs irfa Ge Utility CnniReeFinn (9IaLC) perer T��Q. 2.3. Utility Clearance • ENGINEER will develop the design of CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. Where conflicts cannot be avoided, coordination of Utility Conflicts will begin at the Conceptual Design phase. • In the case of a public utility conflict, the ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for coordination. The ENGINEER may need to coordinate directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. City of Fort Worth, Texas Page 5 of 25 Attachment A Release Date: 07.22.2021 Intersection Improvements at Cooks Ln & John T. White Rd Page 5 of 25 CPN 104603 FORT WORTH • The ENGINEER shall upload a PDF file of the approved preliminary plan set to the designated project folder in the City's document management system (BIM 360) for forwarding to all utility companies which have facilities within the limits of the project. The PDF file should be created directly from the CAD files. 2.5 The Conceptual Design Package shall include the following: • Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. • Quantity Summary page and each design sheet shall include a quantity take off table. * JJE Plcn shoots sealed by a IiGeR e d arefessional eRGiReeF Feam tore d in Oho • PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table • Existing typical sections of the roadway to be constructed along with proposed typical sections which outline the proposed improvements. Typical sections shall include existing and proposed ROW, existing and proposed lane widths and direction arrows, existing and proposed curbs, sidewalks, and retaining walls. • Conceptual plan and profile sheets showing existing and proposed horizontal roadway alignments, existing and proposed ROW, existing and proposed sidewalks and driveways, proposed lane dimensions and lane arrows, existing drainage structures, city owned and franchise utilities, and existing roadway vertical alignments (profiles). • Documentation of key design decisions. • Estimates of probable construction cost. ASSUMPTIONS • Three (3) sets of 11 "x17" size plans will be delivered for the 30% design. • PDF files created from design CAD drawings will be uploaded to the designated project folder in the City's document management system (BIM 360). • ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. TxDOT shall additionally review these plans and comments shall be addressed and incorporated into subsequent submittals. DELIVERABLES A. Conceptual Design Package B. Pedestrian Traffic Count Data C. Utility Conflict Plan PDF and Utility Conflict Table City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 6 of 25 Page 6 of 25 Intersection Improvements at Cooks Ln & John T. White Rd CPN 104603 FORT WORTU., 'ASK 3. PRELIMINARY DESIGN /RA PERCENT). Drelimi� p Ana &nrspeGifinationo o a o ormit}erto CITY per the approved Dreiest Sohvchedu44-- ENGINEER will rdeyelep the preliminary design of the infrastrl anti ire as fellows 3-A. The Preliminary Design Drawings anrd Speeifieationo ohsll in".lu/de the fellewing• Preliminary cover anrd index of sheets ineli irding proieet limit`., area anrd beginning and enrd station limits JJEPlan oheets sealer) by a linenserd nrnfessinnal engineer registered in the State of Texas • Utility Genflist Matrix • ity ✓immcry page and each design sheet shall innli irde a quantity take eff taab • Preliminary iSVVM Ghenklist in anr•errdanne with the ni irren+ CITY iS`nAT-G MaR ial for Site Develop entanrd Gens�r•�n vrarraurrvrvr i-rv-vvn.�. c rr. • Traffic• Control Plan inGlu ding all nonstwGtion cignage and nayernont mcrkings wh'Gh will be 'R aGcerdaRce with the latest edition of the Texas Manual OR Un'ferm Traffic Contrel Devices • A DroeGt Control Beet, showing all Control -pointo, j,aa d or set while gathering data Generally on a shale of net &m than 1:400, The fellewing infermatien shall he inrdieaterd fer each Centre! Dein+.,•,.,IIdentifierd (existinga i Gity Menment -}+8901 PK Nail 518" Iran Rod); X, Y and Z Goordinatoo, in an identified Geerrdina+e s„s+err and referred bearing base. 7 coordinate \�m nl,., i only; rdesnrintiye Zonation (i.e. set in the Genterline of the inlet in the South curb line of North Side Drive at the East eR of radluc st the Southeast nerner of Noi rth i de Drove aR d Nerth Main Strom • Updated evicting anrd prepeserd typinal centien sheets plcn and profile sheets displaying station and coordinate data far all herl7nntal alignmont P.r.'o, P.T.'o, P.I.'o, atst ion and elevation data of vertiGal prefil�'� D T 'c D I 's 10W points and high neints• lengths of vert'Gal v�T[r r-�-vrrr �� , , , , GUrr-ves grades, 6l, es e and yertigal nlearanges where required. ---494kti then twe benGh marks per plan/profile shed • Bearings given on A prepese,d Genterlinvc� belrsl+nes. • Station eq iatiens relating utilities to paving when appropriate • Overall proiegt easement layout sheet(s) Intersentien layer it sheets innli irding RQVV lines heriZnntal alignmonto, util'+ oarbo, olydewalkc driveways, lane dimensions and arrows anrd existing and prepesed nentei irc /025' interrolcl City of Fort Worth, Texas Page 7 of 25 Attachment A Intersection Improvements at Cooks Ln & John T. White Rd Release Date: 07.22.2021 CPN 104603 Page 7 of 25 FORT WORTH +Pall^ tv Insl urde ni orbs ni irh n#s rdriyeways sidevxpiks, pavement-, t!igbte, traffin signals nna III &PRIinnhle 61tility deta lc • PrellminaYI sine inn Ind pavement markings. • IineUmenta+inn of Levi design rdenisions + Ectim, . Gsi=�T.�:TS771ASL1 LEI FEm!]�l�JI�R�I Prier to the 60 percent review Meeting With the CITY, the-ECINEER shall seherdi de anrd attend a preiee# site visit with the JTY Preieet Mapager and GE)RetFWctIE)R peFSeRRel to walk the pFe}est. Thg€NGIPIEER ohsll ob:mmsrizethe ( ITV°s nnmmentc from the field visit and oubmlt thlo Infnrma+ion to the CITY in YYi'i'ti n g . 2.1. Publis epee+inn After the preliminarplsno hsVe been reviewed anrd appFeved by the CITY, the € CINEER shsll prepare prpiee+ exhihi+ , woiot the-pFe}eot msns presen+a#inn of the Free+# apprepria+e ferma# ( m l'GWCIIY in Punier Point), and attend epe /9 \ pU blis meeting +e help explain the prepeserd p.preies+ +e resirdonto. The `d .f'ITY ohsll oelest a-suitnh�oGa+inn time nerd ate. The Cnnineer nee`dc to ... { �iTcc.�-rccaTry seerrdipa+e with the Gity's preinot manager formes the mnilinn lie++ of all affes+e rd pFeperhr GWRers 3.5. l'tiIity Gl ee The ENGINEER Will eenc.UIt with +he U.TY's Tranap Depar#men# Water Department nerd ether CITY rdepartmonta, public utilities, private utilities, private utilities andgeyernment agepeies +e rdetermine the apprexima#e Iesatlon of abode nerd Unrdernrni inrd utilities, rd neether faeili#ies /sUrrent nerd fUti F ee esE a that s�-� sn im�;.e era�n r- the ENGINEER and where Lnn�nm nerd passible eonsirder pe+ontisl future utili+ins in riles innsilities' Where r+nnfliets Gannet he avoided, enorrdina#ion of Utility (�nnfliets WWI he irdentifierd at the GeRGGpt&CI phaaeandbegin at the Preliminary Design phase In +hrn- he Gale of In private Utility Gepflle+ the ENGIIS EER ohcll upload' set piano �" . �--a-�c�o ,, Sr in PQF= format 140th the Utility ennfliets highlighted and a Utility y Genfliot0 Table-s# these fn3t3 in the (amity's rdeei 1ment rrananemen# system (BIM 360) The Dr1C file shei ilyd be # rdir e#IY f the GAD files eh milestone, the m��rrvura—v�C�eaz �rrre�i�rrn�� . At zrrrrc�rvrr�rnc }Gi�+.PM Will issi 3 S Utility Giearanee Letter to he annmmPanierd by said piano and td,Ir�,�*1] cil utlllt� eempnpies whieh have fnsilities within the limits of the preiee+ far Genrrdina+ien The C`NG NGER mcy peer! +e seerr+inate rdiree+hi with the prim+e utility f that previder Reeds #e i inrderta Le ides inn #e adjust their i 1tility's - ENGINEER te-abtain utility As b6i It plsns snder do field visits #e senfirm relnr+atlon is enmplete and thst the utility has been releeaterd in neenrrdanee with the pivric tad the preieet needs, report any rdiserepaneies fei inrd anrd preyirde rdesUrvren+mien +e sUppert fiRdipes City of Fort Worth, Texas Page 8 of 25 Attachment A Release Date: 07.22.2021 Intersection Improvements at Cooks Ln & John T. White Rd CPN 104603 Page 8 of 25 FORT WORTH ENGINEER EER to upload all utility _Iyallt hrrrarra system (RIB360) t ASSUMPTIONS • Three (3) sets of 11 °w9 7" so o pl n3 will be delivered for the 60 ~design fGF reyoeW eeerrlinatien fer the 60 rJ�Ign. �;nb�l alolI 'Innlie TxDQT SpedfiGatiens for federal!r,yi funded proieetc ant mansgement c stem (BIM 360- f The Dreieet Mangy gal lQontraot cnd Cnedfinatien&) ClIMAM FM- GRe /9 \ P iblin Meetinr is =��INEER cohsll not nrnneelth Final Design antiyitieo withe it written annreyal h�.,y^ t,,..,he GITV of the Preliminary riecign plsno. T)cf: JT ohsll a #i,e6c ~Iona on i\1t3 ahem he addressed and innernera+erd in+e �i ih�eni lent ot..,hmiV,--Io. C Cotimstes of probable eonc.tn ietien nec.t D. Publin Meeting evhilait6 City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 9 of 25 Page 9 of 25 Intersection Improvements at Cooks Ln & John T. White Rd CPN 104603 FORT WORTU., won approval of the Preliminary plsno, CNdINCCD will prepare constn Uctien plane � fellews: Final draft constn Uc}ion plano 190 \ and Drele t Mane,,al ohall--bo oubmitted to CITY per the approved Project Schedule. • ThrvI GI{�EERp ��1tf`o & PENF oat -of plsno with the Utility cepflicts highlighted an Utility H�d a toto Table of these conflicts to he inGl uded in the Utility Glearanne Letter to he issi red by the City DMA Following a 90'% cepstrUetion plan review meeting with the UT1 , the Ei-Vt3Il ICCR ohall oubmit Finsl Plans 7alr�1 (101%) tom(.. CITY per approved DroieGt SGhed ile Each plan sheet shall by Mornped dated and signed by -the -ENGINEER reg,stereld in itste-of Texas. • A Qucntity Summary page will be'nG'uded in the 901 and 100 design plans. Eanh design sheet of th` ll;�cnc ehal alce include a quantity take off table ■ The EN shsll aNbmit sn estimate of probable constri intion post with both the O604 and 1 00 design parkagw. Thio : st-�timatc Shell v39 standard CITY or Tvn(1T hid +toms, sc aK-lisable ASSUMPTIONS • TxDQT ahsII review these plans and ceMMIVAQ ohnll he addressed and incerperated +Rto final bid pa`T aGkagge. • Three (3) sets of 11'417" size drawings and ene (1) set of the PrOjeGt Manual wall be delivered fer the 901 Design package. ■ - . • ■ 1 ■ 11 » n size drawings and ene (I ) set of spedfiGatiens will be delivered for the 1 nnoi Design package D C d DVVF file fer the 1001 Design will he created from design CAD drawings and ..., sn. row-�-�.�,,���z,T��-�.�,, .�-�-�a will he uploaded to the prefect folder in Gity's decumu.nt mancgement system (BIM 360\ DELIVERABLES A 90% censtn Uction plano and specifications ipclu ding QG/QA dGGI Amentation. W. Utility relocatien package. G. 1�GeRStFUG#on piano ands D��&nL\-.l inGluding QCIQA de^l "' ontI;W n. n�o estimates timmates of probable GeRSt n G�rnr FUGrti9eiding �,;mmsriss of hid items and �� quantities using the TxDQT'o otondard hid items and format, ao appl+oa-ble E. Digitaly e r signatures of authorizedi( ITV offi als �ee� e� �t�-�nc�,� City of Fort Worth, Texas Page 10 of 25 Attachment A Intersection Improvements at Cooks Ln & John T. White Rd Release Date: 07.22.2021 CPN 104603 Page 10 of 25 FORT WORM., 5.1. Qid Suppo-Ft Th�CGINEER ohs!! uplea� A plsns snd "On#ran# rdewmonts en#e the City'c deGY ent mcncgemon# system (RIBA 360) for apneas #n ne+e+ntial Lidders. Preiea+ Man` a' Jholl be i pleaded In R olPgle PDF file - Mr. . al:T.T�i�:STLTSl.' Unit Prise Proposal deli invents are to be created utilizing44 -G4'o unit price toe! only and d in s spee,fied spreadsheet workbook, Rid Proposal Wevvv csrh-ree Templarate, that ,ill h pe pep'ulated and so that all pageS are complete and tho 8ummsry Werkshee+(s) in the werkbeek detail and auternatiGally oummari'e the totals from the inner+end Unit Prise Proposal rdeni iment werksheets Sets are to be uploaded #e the Gity's des Imo management system Plcn .. ,nt mana ,� {{ (BIM366ll�ti�o formats, pdf and CAD files. pdf will Genssist of on is of the me ce eRtti e plan o--t • If requested by prespestiye bidders the ENGINEER will sell reentrant deGumen#s at a reasonable Prise to rese"er reprerdi istien and rdoni Ament request fi ilfillmen+ GeSt The CITY Will net sell hard aepies of the aen+rast deal iments • Th�GINEER will neerrdinate with the CITY PM to eb#ain renei"e,-d "Expressions of Interest" from prespenti"e bidders and frem uploaded Plan Heider Pegistrationo in the City's .deli ent managemep# system (RIBA 36 0) b" renv��oro ENGINEER ;ll msintain s plan holdlost. • The ENG!NFiGR will de"elep and implement preserdures fer renei"ing and a nse ri pg bidders' q iestiens and requests for additional ipfermatien The preGedufvc shall Ins.,li ilde a Ion of all signifiaan+ bidders q iestiens and requests and the response thereto The Ion shall he hey used and maintainefdi he prei felyd t fer Inferma n The EAI9 IEEP �,-aJeC�S-ra.cre�tFt�eC��e��rn�rrrrrvrrnutferr—rr,��-roc{, � � � � . Mkpfevide resPnPses to all bidder's ni a tieps and reel i rot.` in theformof addenda. The €NGI EEP ohsll uplaad A sppreyerd addenda ente the Gity's rdesi M- management system (RIBA 360) and email addenda to cll plcn helders. • Attend the pre bid Penferenaro in rob:ppor# of the CITY +hi -CITY in determining the q ialika#inns and aeeep#ability of prespeeti"e r+ontratora, sob.,r+bentraaters and suppliers, �a� •— When oubotitNtion prior to award Of Gentraoto io allowed in the ^en#raG deer iments the ENGINEER wM advise +he CITY sa try the aaseptabilit" of alternate ma+v imIG and equipment prepesed by bidders Attend the hid openiRg in support of the CITY City of Fort Worth, Texas Page 11 of 25 Attachment A Release Date: 07.22.2021 Intersection Improvements at Cooks Ln & John T. White Rd Page 11 of 25 CPN 104603 FORT WORTH. After the hill ^qenyqENGINEER will preyirde 5 full cots of plano, 7 half size s rd cc"o and 7 Genies of the senfermePrelef4t lanwl Met innerperatinn all oppreved Genstn intien dOG invents will only he made available on the Gity's dOG rnent management system /RIBA `a Gen\ for plan holders and/or given to planviewing rooms. DL\C snd CAD files will he uplealdeld to the Git y's rdesi imcnt mcnes DELIVERABLES A. AdQeRda R Rod tsbulatlenc anld analysis letter G. ReGOMmeRdatieR ef awaFd D. Genstri in+inn ,des �ments /senfermerd\ n E. GF1A' !its Spreadsheet City of Fort Worth, Texas Page 12 of 25 Attachment A Intersection Improvements at Cooks Ln & John T. White Rd Release Date: 07.22.2021 CPN 104603 Page 12 of 25 FORT WORTH IEEE will support the eonstn in+inn phase of the preiee+ as fellows 6.1. GenStFUGtlon SNpW The 9s CiNU ICED II atteR d the pre_ copstFWGtion copference ��.. • After the pFe GeRStF1-1G--t+e„=�,feFeRGe, th�G-INGER chsn pFevide nr„ e-cA m)ehibb and attend ono /4 \ pi blip meeting +e help oacplsin the fesldonto. The-JTY ohall-seleot a oNitsbla a mail n^+ire with the GITV DMA en a Genstn is+ion Pregress Repert using +he V` TY'o otan format an nt management system (BIM 360 • Th�yINEER will prepare notruStion GGITIM Ricatian PIsn ,detail prer.e/dl ire fer eommunica+,ng between the Dreiect Delivery Team remembers and the GORtractors The ENGINEER will meet with cencerneid ni+ice needed in ceeridinatien with - n��.. � �na.aa n #k--CITY PA4-m • The CEN INEER ohsll review shen drawinnc comnles anr7 n+hwM 3utmltteto geReFal omplisnv accordance with the pen+ran+ fer cepstrUctien per is s� Bch review a Swrantee that t� ^,� ram^ ,��, eJ the W9Fk Govered�the-sh Wings' samples and 9ubmlttalo io free of errors' 0 RGens is tencies or omissiono. Thq EN INEER oha 4pawO , c: mples ae�-and etrhror oubmittals in the Gity's dens amen+ management system (RIBA 360) As requested by the rITY, the EF'''tI NEER ohsll prgvi de necessarY interpretations and nlarifinatiens of non+rant deco FFlepts e id respento Request fer Information /RCI\ f„ m tkeGGRtFaEtOF, rev+eW Ghafge-erders, and make recce endarRono ao tat#e �ei aGGeptahility of the eFk. The ENGINEER NEER will meetwith the PFGjeGt Delivery Team anal i'entrar.tor OR site to review anY field changes Th�QINEER Will ceerrdinate with ether TPVV rdiVisiens anrd ether departments Th�GINEER ohcll c�tent1Yo "Find" preiec+ walk +hR ugh apt G\asIat with prepamtiGR Offinal punt -lost. E.7 R8GGF d DFawings Th�G:NGGP, chsll prepare record rdraWings from infermatien provided by the CITY depicting anY changes made to oho Final Drawings .dwing nenstrUctien. IRfGFmatiGR �ITY msy do, bNt io not limited to the folloWiRg ego Quilt Sure City of Fort Worth, Texas Page 13 of 25 Attachment A Intersection Improvements at Cooks Ln & John T. White Rd Release Date: 07.22.2021 CPN 104603 Page 13 of 25 FORT WORTU., • Red _I inn MQrl,/jpo From the Gen+ran+or e Red LiRe Markups from Gity Inspector e Cepies of Appreyerd Change Orders e Appreyerd SubSti#i,tiens Th�GINEER ohcdl me+TlTfedify lTh7o Final Drowings electronically and ohall plate --a s#am�campei^rmc ji;�wic ind that they represent Record Drawings of the project aS GORStFUGted. The mp ohall be signed anrd dated by the ENC-INGGR and shall he plaserd en each plan sheet whether there are aRy revisiono on the-sbeei nr not Each shoes c�wII slearli indicate all changes which apply to that oheet-t�y Glowding and nurnboring, or r 3uita"le means. The follewing rdisclajmor ohall be included with the Record Drawing otr-mp: These ReGerd • pr-eWded,by others and Fepnesent the as Genstru cmen&ions to the extent Mat deGumented changes we t t Drawings,stamped as ReGGrd ■ 1 ■ CITY fer their foloo, but..Q� - Tsreturned he returneto the CITY with the digital files + hery oh0I lee n�ne�_;1) PL\F file and one (1 \ DVVF file for the TPVV plan set and -a separate PDF and DWF file for the Watcr plan set, if required. Each Pn� DF- as Rd DWF file shall contsin all associated sheets of the r,artioNl�ar plan `Jet. Clnaular DIIIF and DWIF files for eaehsheet of a elan set will net he a`eeaced DIF and DVVF files shall conform to nsming cenventiens as fellews. 1 TPW file name example "A_1956erga7 :na fr"� where "A—_1I o the assigned file number eh#ainerd from the CITY "_erg" designating the file is of aR er+ginal plcn oat -47" ohall ba the total numbgr ef sheetia in thio films &(--mple: \A/_(1(1F'2_org'1 prdf anrd L!_( 320_erg5W nl Water and Sewer file name e ple "X '�56'L�3v.pdf" where"Y_ 7" io the assigner! fjlo n`b:m�hb�er e,�bt�a�i� ned fry+h�,�}CITY, ,�.�,{ designating the file is of an eriginal plan oL�"31" ahall be the totrl numbaar4 sheato in thio films Emsmpla: X 12755—org98pldf Beth DIIF and DWF files shall he uploaded #e the prejec#°s Recerrd Drawing felyder jn the Gity!s ddnc,,m.,nt mansgemept system (BIM 360 For information on the ar manner to submit filed to obtain a file number for the projectthe ENFF� ��.. ohould Geerdinate with the Gity projeot rnsnsger. File will ill not he issued to a project i finless the appropriate projeot nNmbers and City of Fort Worth, Texas Page 14 of 25 Attachment A Intersection Improvements at Cooks Ln & John T. White Rd Release Date: 07.22.2021 CPN 104603 Page 14 of 25 FORT WORTH fund Gerdes have been assigned and ern in the DeparFrnent of Trcnopqrtatien and Di iblis VVE) 6 0,Q'-QC9- 9 is 616--avme4, • ���) sabmittsl reviews are ass pY •Tem(t9) RFI'o arc Qm,-wm24-. • Vale (2) GhaRge Orders am ow Imes A. DUlblis meetiRa exhibits F. Final Punch ! ict items v. PceEerrd ni-a-DFawiRgson digital format City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 15 of 25 Page 15 of 25 Intersection Improvements at Cooks Ln & John T. White Rd CPN 104603 FORT WORTH ThENGINEER ohall determine rights_of_way anrd easement Reeds for sonotruotio„ef preieGt. RequiFed ternperary and permanent easements will f9F approval by the CITY. 7 0 Ciryht_ef_\A/ay/Casement Drenara#inn and ✓.abmittal Th�GINEER ohall prepare rden„rpents to be used to ehtain Fight _of_way anrd Th�GINCCC ohc!l prepare a RQVV and Casement parcel referepse map ?he,^,ing anld ,desigRatiR all Iand iRterest for eteGt. Tha map ohall be revised as pesessary thre„nhe„# the land asrv,,isi#ion nreoess The ides„men#a#ien shall he preyirderd in senfermanse with the sheddis#s and templates available en the Gity's lden„rp V\9t monegement systeM (BIM 360 Dreient Rese,,rses folyder. 7.3 Right _of_Way AGGI61*6400n Ceniines The EN !''_IAI CCD shall preyirde Right _of_Way AGgUi6itlen Ce Wines for the t^�rdiR Icn, z an.-rGl:/'Is nenetiatiens nlesine rd annrinrdemnatien Support for 6 (obo pares � 'Ac;quTisritTionn/Negotiratlren Services-, Gemprlete negoti ations thnre„eh Final 9#eK Letter GI GE;inrvs for the Git y of Fort \A/er#h /G4ont). Thi`.� fGIlG �^'erL insl„ldes the ---Sot un Files:The rAigont, Stateside Right of Way Ceniises will sot up and rpintain an glen+ropin file OR the property (may he referred to SC parse -I} File will OnGlude GGPies ��rro QeRse nempleted petines and forms title nommitmo " Kr& "N 1 enort copies of informational idOG6l Rq is ,►nt, ar.�.r�l:n r , aaoh ao Tarrant SouPAj 1ppraiod Puri^+ nrin# e„+ cure#ar„ of State print out, aR d title researnh haGkup Initial 3fTe.r PaMane: If needed an appraisal will he requested anrd Semple+erd aped the appreyerd offer ame, ,n+ for that int foot. Thi3 PQGket will be sent by nortified mall, return renoipt requested to the ewner's GUrFeRt adelFem ao lixted-epAho Tarrant Sou Apr&i:n C\tri^+ �^tee: All in duclo that may he affen#eld by this proient will he given an eppertunit y to meet anrd rdisr•i iss the prenerdures to whinh they may he i nteresterd er by which they may he affesteld = Neetrr`J ,ua#,no: n n ege#,a#,ng with the � assumed that the e��- Rer w4 I in turn n City of Fort Worth, Texas Page 16 of 25 Attachment A Intersection Improvements at Cooks Ln & John T. White Rd Release Date: 07.22.2021 CPN 104603 Page 16 of 25 FORT WORTU., u, yhe May GWR an y inter0ot in the land er and settle apy lease or lease hold interests prior to elec•ing Counter or: "-:ring negetiat,ons if a property owner provides appraisal i nfermatien er a ne,,ntereffer, either written or verbal whinh the landeWR&F believes is relevant to the aervi iisitien the Ary y fe RNard the ant m6'��vr�ura-crrc i nfeF matien to thv s-. apprQi1�„ f Fm er analysis. The Anent will dionUss with the City a reGGIMmendatien feF ew. The Agent will nreVirle an appropriate response to the property owner based upon the G4y-s dey+isien actirnvrr. + Final offer Letter: If negetiatiens reach an impsoaa, the Agent Will prepare a Final Offer Letter restating the terms of the offer and aabmlt to the Got for appreyal I Ipen written approval by the (amity, ,mthe Agent ill send the Final Offer Letter to the property ewner via eertifierd mail, rot, yr" reGeeipt requested. 2Condemnation Support eervF;es: Stateside will provide ORdenation suppgtt seryines for an hourly rate of $80 per hour fer Right of Wary Tenhnic�on taJ/n 142 haaro), an nt +c'sIc3 4&-hoNro). Thia WOrh innludes the fellewing• The Agent will provide & ('%:mmwy of activities related to the aGquisition efforts fer review and eensideratien by the Gity for Eminent Demain prey+eedinns The Agent will he availahle t` L\3oiot the City's Atterney as nenessary. 7 `2 Temperary Right of Fntr y Preparation and C►tmittaI Drier to eenstry,stien the ENGINEER ohe,,Id eeerdinate with the Gity preiest manager to identity all needed Temporary Right of Entries from Iando,eynOro. It io assumed that letters will enl y he required fer land ewners adianent to Genstr,,stien er whe are direstl y affented by the preient and ne easement is roquirod to enter their prepert y The dOGUmentatien shall be provided 'R GenforrnaRGe with the GheGlIdists and templates available on the City's dGGIAment management system /RIBA 360\ Rroient Resoi ernes folder. + Thirty (30) hours of Gendemnation oupport is inG'uded Temporary Right _of_Entry eoerdination will he noordinated for nonstr,,ntion arsess to private preperty for the purpose of re GCnct%ction of driveways whinh extend heyend exiting Right_ of Way, the iin,.te+nine# hase� Tarrant Appra sal I�ltrist (TAD) information available at L'he start of theground preps, in�fe FFnaatien rods fens 1, es etn \ It does not innli yde effort for chain of title researnh ryas-rcrrci�:., ��'�C.. , , City of Fort Worth, Texas Page 17 of 25 Attachment A Intersection Improvements at Cooks Ln & John T. White Rd Release Date: 07.22.2021 CPN 104603 Page 17 of 25 FORT WORTH parent tram/ res ditienal res rah fer s is net in d 'n TAP' 0 C r0 h , C ��rr��ear�-r��ea�eri�era�rr � e���a renerrds0 way a y takiRgGandeasementyaGatiens anabaR denments 0 Fight Of way yaGatinnc e `d enstreet slew Tres TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: — A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: — The following information about each Control Point; a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. — No less than two horizontal bench marks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. 8.2. Temporary Right of Entry Preparation and Submittal • The documentation shall be provided in conformance with the checklists and templates available on the City's document management system resources folder. City of Fort Worth, Texas Page 18 of 25 Attachment A Intersection Improvements at Cooks Ln & John T. White Rd Release Date: 07.22.2021 CPN 104603 Page 18 of 25 FORT WORM., 9.3. S/ibourfane Utility Engineering • . 1 Conduct appropriate (e.g., owner reGOrds, CountylGITY ' perSGRal interviews inapen+iens e+n to help idea+ify Utility 9WRers that may have fadlities within the prevent limits or thst msy he affented by the proven+ Gellen+ applinahle renore, stityewaef�o mspo, � built" er renerd drawings, permit rennrdse field notes, ggpeerahy ln information sstem data oral e histories eta.) en the evistenne and apprexima+e Iona+len of existing involved utMttl e s .. t Develop SUE pats pd trap fer infelc matiep involved utilities +n -��op �J� plsn oh��r,��,,,�r�, on all n plsn cheeto elentrenin files and/er ether dens rnents as 0Rfermatien depiGt� +Gate• utility type and ewnership• date of depintien• rrnvm-ra rrzr r , c�cr ���pc-arrcr--vwT-rcr�rrr�, acr•cc-vrcrc�rccrvrr quality levnl , npu pointe of anY utility data; line. CV_�V (�g., ,aGtiye, aabandeRedd, out of seFV+G+e); rpe size and nnndi+ion; nNGables; and ennasemep+ Qualoty Level -G(+RGIIA c3 tii3k3 r-3 desnrihed for Q ualoty I evel Ply • Identify surfane features, frern prejent tnpngraphin data and from field observationo, ths: sre surfaeo sppwtenanGes vf oNbosrfane utilities. • InGli i�Ar�veandd Geerrrelati ofaerial er grei ind_rRO in+eg utility fadlities Quality Level C ta..J&c. • Survey si irfane feats Tres of oAoNrfsne utility fadlities er systems, if si inh features have net already been surveyed by a professional ourveyor. If previously surveyed, yed nhenL survey y data for gees irany and nnmpleteness � he survey shall also innl ide /in additien to oubourfsne utility features visible at the groi Rd si lFfane\• d rminatiep of ipve.ert elevatinps of apv manholes and vr&vItc; 9k8tnhes sheWing interier dimensions and line nnnnentinns of si i , manholes and vaults; any si irfane markings denoting SvtNSvrfane utilities, furnished by utility owners for design P6rp'ose.s. Exernise profc`i/_\nal jvdgment to Go relate -data from different sourees, and to reselve nenflinting infermation • ReGOMmrrend fellew_up investiggaati�(e.g., a onsl omeys nensi ltatien with utility utility ewnerse / etc\) las racy he needed +e f urther resolve disnrepannies City of Fort Worth, Texas Page 19 of 25 Attachment A Intersection Improvements at Cooks Ln & John T. White Rd Release Date: 07.22.2021 CPN 104603 Page 19 of 25 FORT WORM., Provide Quality Level G to identify overhead utilities on the projeGt and provide the eyerheard utility information on the W& plan eheets. Level R /ingN lkiQJL cia rdesgribed for Quality I eve- A deteot oubourfcGe utilities within the nreiect limito, and/er to trase a partieu4ar utility lino eF system 1 on i SUrfaGe for subsequent survey. Utilize paint or other methed aGGeptable fe marking of lines. Unless etheRN'se mark Genterline ef single Genduit lines, and outside edges of multi r^nduit systems ._ r 4s an alternative to the nhysiGal marking of lines the ENCINSGR may, with .TV'o approval, utilize other means of data GO'IeGtien, sterage retrieval and redUGt+an, the enables the Gerrelatien of S Ffane geenhysigal data to the nreiegt's survey y nentrel Level A Enpose and IeGa Toe horizontal an as is reasenably asgc�-W�nck�19frree eaGh s site. ASSUMPTIONS • No Level A test holes are included, they will be added with Amendment 1. DELIVERABLES A. Drawing of the project layout with dimensions and coordinate list. B. iVC pIrn {roWinnc sealed byo nrnfeccinnol engineer renictererJ in the Qtote of Tee cROT City of Fort Worth, Texas Page 20 of 25 Attachment A Intersection Improvements at Cooks Ln & John T. White Rd Release Date: 07.22.2021 CPN 104603 Page 20 of 25 FORT WORTH €NQ'NGGR will provide permitting suppert for the GITV +o e Agin Qny and all agreements andleF-parmito n f thin size and type, as fellows: ■_EMOYMM M■ • = IdeRtif„ a d aRalyze the FegeiFeMeRtS of of the Texas AFGhiieotural Barriers Chapter 69 Texas A e Cede d h GFne familiar with the dminiotratir��aa�eEo„ �,-r-R,�, goveFR Mal akAherities having iurisdietiep +e appreye the design of the DreleGt •-- -INEER is rcapencil-,le fer previ,dinS piano that are!R Eampli&n-eith Tn! reel iFemen#s. cam ✓jbmit esRtFWGt+i9R des Sen#to the ToLR Cemple#inn all T",R forms/applinatiopc ReeeccaFy —Obtain the Ntee of ✓jbatantial Samplianae frrthe LR •--Regace� an inorpe#�vm TD R sr a Tnl R Ideally appFeved Renistere`d AGcw,3j. 'Iity Spesialis# pe Iatar than 40 saleprlar 'days after peps#nistiep i � shstaptial eompletiep. Ad -vise the CITY in v.-itipn of the rest Its of the inane ntiop. All nc�� c�ssneut�it D�.. plan r er gyiew aR d ipspeetiops are to he papaidby the �. ENGINEER rdUmpg the eei ors a of the preies# City of Fort Worth, Texas Page 21 of 25 Attachment A Intersection Improvements at Cooks Ln & John T. White Rd Release Date: 07.22.2021 CPN 104603 Page 21 of 25 FORT WORTH TASK 10. QUALITY CONTROL / QUALITY ASSURANCE ENGINEER to provide to the City a Quality Control/ Quality Assurance Plan (QC/QA Plan) outlining the ENGINEER's method of ensuring the highest levels of design and accuracy are incorporated into the calculations, plans, specifications, and estimates. ENGINEER is responsible for and shall coordinate all subconsultant activity to include quality and consistency of plans. If, at any time, during the course of reviewing a submittal of any item it becomes apparent to the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may cease its review and return the submittal to the ENGINEER immediately for appropriate action. A submittal returned to the ENGINEER for this reason may be rejected by the CITY Project Manager. 10.1. QC/QA of Survey and SUE Data • The ENGINEER's Surveyor shall perform Quality Control/ Quality Assurance on all procedures, field surveys, data, and products prior to delivery to the CITY. The CITY may also require the ENGINEER's Surveyor to perform a Quality Assurance review of the survey and/or subsurface utility engineering (SUE) work performed by other surveyors and SUE providers. • ENGINEER's Surveyor shall certify in writing via a letter that the survey information provided has undergone a Quality Control/ Quality Assurance process. • ENGINEER's Subsurface Utility Engineering provider shall certify in writing via a letter that the SUE information provided has undergone a Quality Control/ Quality Assurance process. 10.2. QC/QA of Design Documentation • ENGINEER shall perform a QC/QA review of all documents being submitted for review at all stages of the design including the 30%, 60%, and 90% and Final Document design review submittals. QA should be performed by an individual within the firm who is not on the design team. ENGINEER is to acknowledge that each item on the Detailed Checklist has been included by checking "done" on the checklist. If a particular checklist item is not applicable, this should be indicated by checking "N/A". If an entire checklist is not applicable, this should be indicated by checking every item on the list as "N/A" and still included with the submittal. The ENGINEER shall use the Detailed Checklist provided by CITY. • A Comment Resolution Log must be used to document conflicting comments between reviewers and to highlight comments made by the CITY that the ENGINEER is not incorporating into the design documents along with the associated explanation. The ENGINEER shall use the Comment Resolution Log provided by CITY. • The documentation of a QC/QA review includes (1) a copy of the color -coded, original marked -up document (or "check print") developed during the QA City of Fort Worth, Texas Page 22 of 25 Attachment A Intersection Improvements at Cooks Ln & John T. White Rd Release Date: 07.22.2021 CPN 104603 Page 22 of 25 FORT WORTH 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 ENGINEER'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 to the design schedule for a returned submittal. ENGINEER shall plan to recover the lost time with future project milestones remaining unchanged. If the ENGINEER has not adequately addressed the comments, the submittal shall be rejected and returned to the ENGINEER immediately to address the issues. ASSUMPTIONS • All submittals to the City will be Quality checked prior to submission. • A PDF of the QC/QA documentation will be uploaded to the project folder in the City's document management system (BIM360). DELIVERABLES A. QC/QA documentation City of Fort Worth, Texas Page 23 of 25 Attachment A Intersection Improvements at Cooks Ln & John T. White Rd Release Date: 07.22.2021 CPN 104603 Page 23 of 25 FORT WORTH TASK 10. PLAN SUBMITTAL CHECKLISTS Engineer shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHECKLIST REQUIREMEN—S Street Water Traffic Traffic Traffic Traffic Storm "A" Storm Lights Traffic /Sewer Control Control Control Attachment Signal Water Water (Submit Engineering (Submit 30% 60% 90% Type (Submit All 30% 60% All @ (Submit All All @ @ 30%) 30% @ 60%) 60%) Required for all work in City ROW Street X X X X X* X X X X Storm Water X X X X X Water / Sewer X X X X *If included in street project City of Fort Worth, Texas Page 24 of 25 Attachment A Intersection Improvements at Cooks Ln & John T. White Rd Release Date: 07.22.2021 CPN 104603 Page 24 of 25 FORT WORM., ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES 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 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: • SUE - To be added in Amendment 1 • Conceptual level drainage design or landscape design - To be added in Amendment 1 • Public Meetings - To be added in Amendment 1 • TDLR Coordination or Permitting - To be added in Amendment 1 • Preliminary or Final Design Phases or Project Management scope covering those design phases - To be added in Amendment 1 • ROW document preparation - To be added in Amendment 1 • Bid Phase Services - To be added in Amendment 1 • Construction Phase Services - To be added in Amendment 1 • Negotiation of easements or property acquisition - To be added in Amendment 1 • Utility design (Stormwater, water, sewer) - To be added in Amendment 1, if needed • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Page 25 of 25 Attachment A Intersection Improvements at Cooks Ln & John T. White Rd Release Date: 07.22.2021 CPN 104603 Page 25 of 25 ATTACHMENT B COMPENSATION Design Services for Intersection Improvement at Cooks Lane and John T. White Rd. City Project No. 104603 Time and Materials with Rate Schedule Project Compensation A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Cateaory Rate for the ENGINEER's team member performing the work. Labor Cateaory Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Engagement Manger Sr. Discipline Lead Project Engineer 2 Discipline Lead Project Engineer 1 Graduate Engineer 2 Graduate Engineer 1 GIS Specialist Administrative 2 Administrative 1 2023 Rate 2024 Rate ($/hour) ($/hour) 238.00 200.00 170.00 165.00 160.00 150.00 140.00 125.00 110.00 100.00 ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non -labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 4 Intersection Improvements at Cooks Ln and John T White Rd CPN 104603 AN ATTACHMENT B COMPENSATION iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department, monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 2 of 4 Intersection Improvements at Cooks Ln and John T White Rd CPN 104603 AM ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Prime Consultant Dunaway Associates Proposed MWBE Sub -Consultants CJ Hensch Associates, Inc Traffic Counts Non-MWBE Consultants Project Number & Name CPN 104603 — Intersection Improvement at Cooks Lane and John T. White Rd. City MWBE Goal = N/A % City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 4 Fee Amount % $82,700.00 98.1 % $1,600.00 1.9% TOTAL $84,300.00 100% Total Fee MWBE Fee MWBE % $ 84,300.00 $ 1,600.00 1.9% Consultant Committed Goal = N/A % Intersection Improvements at Cooks Ln and John T White Rd CPN 104603 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 4 of 4 Intersection Improvements at Cooks Ln and John T White Rd CPN 104603 AM, Professional Services Invoice Project Manager: IDavidKasendick I Summary Project: kooks Ln & John T White Rd RAB Improvements City Project #: 1104603 City Sec Number: Supplier Instructions: Fill in green cells including Invoice Number, From and To Dates and the included worksheets. Company Name: Dunaway Accosiates, LLC 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: Josh Wright, PE email: iwriohtedunaway.com Supplier Invoice #: Office Address 550 Bailey Avenue, Suite 400, Fort Worth, TX 76107 Payment Request #: Telephone: (817) 335-1121 Service Date:From Fax: (817) 335-7437 Service Date:To Invoice Date: Remit Address: 550 Bailey Avenue, Suite 400, Fort Worth, TX 76107 Agreement LTD Agreement Amendment Amount to Completed Percent ($) Invoiced Current Remaining Sheet FID and Work Type Description Amount Amount Date Amount Spent Previously Invoice Balance Work Type 1 $84,300.00 $84,300.00 $84,300.00 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Totals This Invoice $84,300.00 8a 300.0 $84,300.00 Overall Percentage Spent: Intersection Improvements at Cooks Ln and John T White Rd CPN 104603 Dunaway Accosiates, LLC 817 335-1121 817 335-7437 550 Bailey Avenue, Suite 400, 550 Bailey Avenue, Suite 400, Fort Fort Worth, TX 76107 Worth, TX 76107 CFW Project Manager David Kasendick Supplier's Project Manager: Josh Wright, PE Supplier's PM email: jwright@dunaway.com Name of Project: Cooks Ln & John T White Rd RAB Improvements I ahnr ratannm Nama Invoice Supplier Project No. Proj. Invoice No. Invoice date: Period Service Date:From Service Date:To City Secretary Contract #: P.O. Number: Nniirc Rnfa (P/hrl Engagement Manger 238.00 Sr. Discipline Lead 200.00 Project Engineer 2 170.00 Discipline Lead 165.00 Project Engineer 1 160.00 Graduate Engineer 150.00 Graduate Engineer 1 140.00 GIS Specialist 125.00 Administrative 2 110.00 Administrative 1 100.00 Total Labor 0.0 Subcontract Service Access by Design Subcontractor Subtotal 10 Percent Markup on Subcontract Services Nonlabor Expenses Nonlabor Expense Subtotal Total Expenses (Subcontract Services+Markup+Nonlabor Expenses) TOTAL DUE THIS INVOICE Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Intersection Improvements at Cooks Ln and John T White Rd CPN 104603 Professional Services Invoice Project Manager: David Kasendick Project: Cooks Ln & John T White Rd RAB Improvemel City Project #: 104603 Work Type Desc: supplier Instructions: FID: City Sec Number: Fill in green cells including Percent Complete and Invoiced Previously Quanities Purchase Order: When your Invoice is complete, save and close, start Buusaw and Add your invoice to the Consultant folder within Project's folder. Name: Dunaway Accosiates, LLC Supplier's PM: Josh Wright, PE Supplier Invoice #: Josh Wright, PE Payment Request #: Service Date:From Service Date:To Invoice Date: Pay Items 30 - Design Description Totals This Unit: email: jwright@dunaway.com Office Address 550 Bailey Avenue, Suite 400, Fort Worth, TX 76107 Telephone: (817) 335-1121 Fax: (817) 335-7437 Remit Address', 550 Bailey Avenue, Suite 400, Fort Worth, TX 76107 Agreement LTD Agreement Amendment Amendment Amount to Completed Percent ($) Invoiced Current Amount Number Amount Date Amount Spent Previously Invoice $84,300.00 $84,300.00 $84,300.00 84 300.00 Overall Percentage Spent: Remaining Balance $84,300.00 $84,300.00 Intersection Improvements at Cooks Ln and John T White Rd CPN 104603 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Intersection Improvement at Cooks Lane and John T. White Rd. Project City Project No. 104603 No Changes to Standard Agreement City of Fort Worth, Texas Attachment C Intersection Improvements at Cooks Ln and John T White Rd PMO Release Date: 05.19.2010 CPN 104603 Page 1 of 1 F(Yr,F-W4R 7n11 ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a "baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth, Texas Attachment D Intersection Improvements at Cooks Ln & John T. White Rd Revision Date: 07.20.2018 CPN 104603 Page 1 of 1 City of Fort Worth Cooks Ln & John T White Intersection Improvements CPN 104603 D Task Name IDuntion (Start (Finish Predecessors 1%Complete 0 1 Cooks Ln and John T White RAB Improvements 1 Design 1.1 Notice to Proceed 1.2 Finalize Subcontracts 1.3 Conceptual Design (30% PS&E) 1.3.1 Pedestrian Traffic Counts 1.3.2 Design Survey/Parcel Research 1.3.3 Geotechnical Investigations 1.3.4 Level B SUE 1.3.5 Prepare Conceptual Plans 1.3.6 Third Party QC 1.3.7 Conceptual Design & Estimate Submittal 1.3.8 City Review -Schematic Design 1.3.9 Design Review Meeting 1.3.10 Conceptual Design Public Meeting 1.3.1130%Conceptual Plan Complete 1A Preliminary Design (60%PS&E) 1.4.1 Prepare Preliminary Plans 1.4.2 Third Party QC 1.4.3 Preliminary Design & Estimate Submittal 1.4.4 City Review - Preliminary Design 1.4.5 Preliminary Design Public Meeting 1.4.660% Preliminary Plans Complete 1.5 Final Design 1.5.1 Final Design (90% PS&E) 1.5.1.1 Prepare Preliminary Final Plans 1.5.1.2 Third Party QC 1.5.1.3 Preliminary Final (95%) Design PS&E Submittal 1.5.1.4 City Review- Final Design 1.5.1.5 Design Review Meeting 1.5.1.6 Public/Stakeholder Meeting 1.5.1.7 Final Design (95%) Complete 1.5.2 Final Design (100% PS&E) 1.5.2.1 Incorporate Final Comments & Prepare Final P5&E 1.5.2.2 100% Design PS&E Submittal 1.5.2.3 Final Design Complete 1.6 Permits 2.6.1 TDLR 1.6.1.1 Register Project 1.6.1.2 Review Plans 2 Utility Relocation 2.1 Develop Utility ConRic Matrix 2.2 Utility Relocation Construction & Coordination 2.3 Utilities Cleared/Complete 3 ROW & Easements 3.1 Identify ROW Requirements 3.2 City Review 3.3 Prepare ROW Documents (Permanent) 3A ROW Negotiations/Acquisition 3.4.1 Negotiation/Acceptance 3.4.2 M&C Approval for Land Purchase 3.4.3 Execute ROE Agreements 3.5 ROW Complete 4 Construction 703 days 310 days 0 days 7 days 122 days 5 days 20 days 35 days 20 days 45 days 10 days 0 days 15 days 1 day 0 days 0 days 99 days 65 days 10 days 0 days 10 days 0 days 0days 89 days 74 days 40 days 10 days 0 days 10 days 0 days 0 days 0 days 15 days 15 days 0 days 0 days 20 days 20 days 0 days 20 days 195 days 5 days 180 days 0 days 266 days 5 days 10 days 10 days 125 days 90 days 25 days 10 days 0 days 336 days Tue 5/9/23 Wed 2/18/26 0% Tue 5/9/23 Mon 7/29/24 1% Tue 6/13/23 Tue 6/13/23 0% Tue 6/13/23 Wed 6/21/23 2 0% Tue 5/9/23 Mon 10/30/23 3% Tue 5/9/23 Mon 5/15/23 100% Thu 6/22/23 Thu 7/20/23 3 0% Thu 6/22/23 Thu 8/10/23 3 0% Thu 6/22/23 Thu 7/20/23 3 0% Fri 7/7/23 Fri 9/8/23 6FS-10 days 0% Man 9/11/23 Fri 9/22/23 9 0% Fri 9/22/23 Fri 9/22/23 10 0% Mon 9/25/23 Fri 10/13/23 31 0% Mon 10/16/23 Mon 10/16/23 12 0% Mon 10/30/23 Mon 10/30/23 13FS+10 days 0% Mon 10/30/23 Man 10/30/23 14 0% Tue 10/31/23 Fri 3/22/24 0% Tue 10/31/23 Mon 2/5/24 15 0% Tue 2/6/24 Mon 2/19/24 17 0% Mon 2/19/24 Mon 2/19/24 18 0% Tue 2/20/24 Mon 3/4/24 19 0% Fri 3/22/24 Fri 3/22/24 20FS+14 days 0% Fri 3/22/24 Fri 3/22/24 21 0% Mon 3/25/24 Mon 7/29/24 0% Mon 3/25/24 Mon 7/8/24 0% Mon 3/25/24 Fri 5/17/24 22 0% Mon 5/20/24 Mon 6/3/24 25 0% Mon 6/3/24 Mon 6/3/24 26 0% Tue 6/4/24 Mon 6/17/24 27 0% Mon 6/17/24 Mon 6/17/24 28 0% Mon 7/8/24 Mon 7/8/24 28FF+14 days 0% Man 7/8/24 Mon 7/8/24 30 0% Tue 7/9/24 Mon 7/29/24 0% Tue 7/9/24 Mon 7/29/24 31 0% Man 7/29/24 Mon 7/29/24 33 0% Mon 7/29/24 Mon 7/29/24 34 0% Mon 6/3/24 Mon 7/1/24 0% Mon 6/3/24 Mon 7/1/24 0% Mon 6/3/24 Mon 6/3/24 27 0% Tue 6/4/24 Man 7/1/24 38 0% Mon 9/11/23 Mon 6/3/24 0% Mon 9/11/23 Fri 9/15/23 9 0% Mon 9/18/23 Mon 6/3/24 41 0% Mon 5/3/24 Mon 6/3/24 42 0% Mon 9/11/23 Thu 9/26/24 0% Mon 9/11/23 Fri 9/15/23 9 0% Tue 3/5/24 Mon 3/18/24 20 0% Tue 3/19/24 Mon 4/1/24 46 0% Tue 4/2/24 Thu 9/26/24 0% Tue 4/2/24 Wed 8/7/24 47 0% Thu 8/8/24 Thu 9/12/24 49 0% Fri 9/13/24 Thu 9/26/24 50 0% Thu 9/26/24 Thu 9/26/24 51 0% Fri 9/27/24 Wed 1/28/26 0% 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Task Task Completion Crxical Task Milestone City of Fort Worth CPN 104603 MI Kim Design Notice to Proceed Finalize Subcontracts Conceptual Design (30% PS&E) estrian Traffic Counts Design Survey/Parcel Research Geotechnical Investigations Level 8 SUE Prepare Conceptual Plans 1 Third Party QC I+Conceptual Design & Estimate Submittal i City Review - Schematic Design 7Design Review Meeting ♦1Conceptual Design Public Meeting 30%Conceptual Plan Complete Preliminary Design (60% PS&E) Prepare Preliminary Plans .Third Party QC Preliminary Design & Estimate Submittal - City Review - Preliminary Design 1Preliminary Design Public Meeting 60% Preliminary Plans Complete I I Final Design t I Final Design (90% PS&E) Prepare Preliminary Final Plans Third Party QC Preliminary Final (95%) Design PS&E Submittal City Review - Final Design Design Review Meeting « Public/Stakeholder Meeting Final Design (95%) Complete Final Design (100% PS&E) Incorporate Final Comments & Prepare Final PS&E 1100% Design PS&E Submittal Design Complete Fermi TDLR Register 'act 6.Review laps Utility Relocation Develop Utility Conflic Matrix Utility Rel atkm Construction & Coordination ♦= Utilities CI tired/Complete ROW & Easements ldentifv ROW Rea irements e onstructiun City Review Prepare ROW Doc iments (Permanent) ROW Negotiations/Acquisitio Neo,,tiation/A<ceptan<e N&C Approval for land Purchas �...I Execute ROE Agreements BROW Complete Prgea Summary r ----1 Task Summary 11 Page 1 Int... dionlmprovementsat Cooks Ln&John T.White Rd - DUNAWAY CPN 104603 Dunway Project No. 9054.001 ID Task Name 54 4.1 Bid Phase 55 4.1.1 Advertisement Period 56 4.1.2 Pre -Bid Meeting 57 4.1.3 Bid Opening 58 4.1.4 Review Bids - Bid Analysis 59 4.1.5 Award Construction Contract 60 4.1.6 M & C Approval 61 4.1.7 Construction Contract Execution 62 4.2 Project Construction 63 4.2.1 Project Mobilization 64 4.2.2 Construction 65 4.2.3 Final Walk-through 66 4.2.4 TDLR Inspection 67 4.2.5 Project Closeout 68 4.2.6 Construction Substantial Completion 69 5 Closeout 70 5.1 As -Built Plans 71 5.1.1 Preparation 72 5.1.25ubmitttal City of Fort Worth Cooks Ln & John T White Intersection Improvements CPN 104603 Duration (Start (Finish Predecessors I%Complete 85 days Fri 9/27/24 Thu 1/30/25 0% ZO days Fri 9/27/24 Thu 10/24/24 51,35,43 it % 0 days Thu 10/10/24 Thu 10/10/24 SSSS+10 daysii % '0 days Thu 10/17/24 Thu 10/17/24 56FS+5 days ii % `.� days Fri 10/18/24 Thu 10/24/24 57 ii % '25 days Fri 10/25/24 Mon 12/2/24 58 0% 0 days Mon 12/2/24 '.Mon 12/2/24 59 ii % 40 days Tue 12/3/24 Thu 1/30/25 60 ii % '236 days Fri 2/21/25 Wed 1/28/26 0% 10 days Fri 2/21/25 Thu 3/6/25 61F5+15 days ii % Z00 days Fri 3/7/25 Thu 12/18/25 63 it % 1 day Fri 12/19/25 Fri 12/19/25 64 0% 1 day Fri 12/19/25 ,6 12/19/25 64 0% ZS days Mon 12/22/25 Wed 1/28/26 65 0% '0 days Wed 1/28/26 Wed 1/28/26 67 0% 15 days Thu 1/29/26 Wed 2/18/26 0% 15 days Thu 1/29/26 Wed 2/18/26 0% 15 days Thu 1/29/26 Wed 2/18/26 68 0% 'D days Wed 2/18/26 Wed 2/18/26 71 0% 2023 2024 L"divertisement 20262021of o2 ox na o1 o2 ox oa r� m oa of m ox oao1I B'id Phase Period 'Pre Bid Meeting Bid Opening Review Bids - Bid Analysis Award Construction Contract 1M & . Approval =- .rvrtruction Contract Execution fff ___4 rroject Construction Project Mobilization 2.0"—nrtiOn Inal Walk-through DlFlnspection \roject Closeout '*",traction Substantial Completion Closeout As -Built Plans Preparation ♦"Submitttal Task Task(o pleaon Critical Task Milestone ♦ Prjed Summary ;-1 Task Summary F=========I City of Fort Worth Page 2 CPN 104603 IMersedi,n Improvements M Cooks Ln & John T White Rd CPN 104603 DUNAWAY Dunway Project No. 9054.001 ATTACHMENT E Intersection Improvements at Cooks Ln & John T. White Rd CPN 104603 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 Page 1 of 3 Rev. 5.04.21 Intersection Improvements at Cooks Ln & John T. White Rd CPN 104603 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 Intersection Improvements at Cooks Ln & John T. White Rd CPN 104603 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self -insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first -dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims - made basis, shall contain a retroactive date coincidentwith or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 Intersection Improvements at Cooks Ln & John T. White Rd CPN 104603 DATE (MM/DD/YYYY) A� " CERTIFICATE OF LIABILITY INSURANCE 6/15/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Charity Tout Higginbotham Insurance Agency, Inc. PHONE FAx 500 W. 13th Street I (A'(� No. Ext): 817-349-2334 (A/C. No): 817-347-6981 E. Fort Worth TX 76102 I ADDRESS: ctout(@higginbotham.com I INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: The Travelers Indemnity Co of America 25666 INSURED DUNAASS-01 INSURER B : Houston Casualty Company 42374 Dunaway Associates LLC 550 Bailey Ave, #400 I INSURER C: The Phoenix Fort Worth TX 76107 I INSURER D : Travelers Property Casualty Insurance Company 36161 I INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1208669565 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN$p WVD POLICYNUMBER (MM/DD/YYYY) (MM/DD/YYYYI C X COMMERCIAL GENERAL LIABILITY 660-5T765300 6/16/2023 6/16/2024 EACH OCCURRENCE $ 1 000 000 DAMAGE TO RENTED CLAIMS -MADE OCCUR PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 5,000 X XCU Not Excluded PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X PRO POLICY JECT ❑ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY BA5T764930 6/16/2023 6/16/2024 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY $ AUTOS ONLY AUTOS (Per accident) X HIRED X NON -OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) D X UMBRELLA LIAB OCCUR CUP5T766610 6/16/2023 6/16/2024 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB H CLAIMS -MADE AGGREGATE $ 5,000,000 DED I X I RETENTION $ n $ WORKERS COMPENSATION PER AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE STATUTE EORH E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A ❑ (Mandatory in NH) E.L. DISEASE- EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C Contractor's Equipment 660-5T765300 6/16/2023 6/16/2024 See Schedule Below Ded:$1,000 1 %W/H B Cyber Liability H22NGP21757700 7/16/2022 7/16/2023 Limit: $1,000,000 Agg: $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) General liability and umbrella policies contain no exclusion for residential construction, including apartment projects. The General Liability and Automobile Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status (GL includes completed operations) and a blanket waiver of subrogation endorsement to the certificate holders when required by written contract. The General Liability and Auto Liability policies have a blanket Primary & Non Contributory endorsement that affords that coverage to certificate holders when required by written contract. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Worth 200 Texas Street AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Intersection Improvements at Cooks Ln and John T White Rd CPN 104603 AGENCY CUSTOMER ID: DUNAASS-01 LOC #: ACOR" AGENCY Higginbotham Insurance Agency, Inc. POLICY NUMBER CARRIER ADDITIONAL REMARKS SCHEDULE NAIC CODE NAMED INSURED Dunaway Associates LLC 550 Bailey Ave, #400 Fort Worth TX 76107 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Umbrella is follow form of General Liability and Auto Liability Project: Intersection Improvements at Cooks Ln and John T White Road Project City Project Number: 104603 Page 1 of 1 Per written contract, The City of Fort Worth and its affiliates, their respective employees and agents, members, managers, officers and owners (and their beneficiaries, if any), are Additional Insured jointly and/or severally regarding any coverage afforded by the policy. This insurance shall be primary with respect to any other insurance available to such additional insured and shall be endorsed in a manner that will prohibit the contractors/vendor's insurers from seeking contribution from such Insurance of the additional insured. Waiver of subrogation is included in favor of The City of Fort Worth and its affiliates. Policy includes 30 days' notice of cancellation and 10 days for non-payment of premium. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Intersection Improvements at Cooks Ln and John T White Rd CPN 104603 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 Of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Intersection Improvements at Cooks Ln and John T White Rd CPN 104603 COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS The following replaces Paragraph A.2.a.(2), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. The following replaces Paragraph A.2.a.(4), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II — COVERED AUTOS LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE — INDEMNITY BASIS within the limit described in Para - The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to make such payments ends when we (5) Anywhere in the world, except any country or have used up the applicable limit of jurisdiction while any trade sanction, em- insurance in payments for damages, bargo, or similar regulation imposed by the settlements or defense expenses. United States of America applies to and pro- hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re - and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter - partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Intersection Improvements at Cooks Ln and John T White Rd CPN 104603 COMMERCIAL AUTO You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto'. No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto' you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto' is a covered "auto' for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto' will apply to L. glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident'. I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto' of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident' or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident' or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident' or "loss", provided that the "accident' or "loss" arises out of operations contemplated by CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Intersection Improvements at Cooks Ln and John T White Rd CPN 104603 COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col - The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal. SECTION IV — BUSINESS AUTO CONDITIONS: Intersection Improvements at Cooks Ln and John T White Rd CPN 104603 Page 4 of 4 © 2015 The Travelers Indemnity Compa ny. All rights reserved . CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO 4. Loss Payment — Physical Damage Cover- son or organization holding, storing or trans - ages porting property for a fee regardless of any At our option, we may: other provision of this Coverage Form. a. Pay for, repair or replace damaged or sto- 5. Other Insurance len property; a. For any covered "auto" you own, this b. Return the stolen property, at our ex- Coverage Form provides primary insur- pense. We will pay for any damage that ance. For any covered "auto" you don't results to the "auto" from the theft; or own, the insurance provided by this Cov- erage Form is excess over any other col- c. Take all or any part of the damaged or lectible insurance. However, while a cov- stolen property at an agreed or appraised ered "auto" which is a "trailer" is con - value. nected to another vehicle, the Covered If we pay for the "loss", our payment will in- Autos Liability Coverage this Coverage clude the applicable sales tax for the dam- Form provides for the "trailer" is: aged or stolen property. (1) Excess while it is connected to a mo- 5. Transfer Of Rights Of Recovery Against for vehicle you do not own; or Others To Us (2) Primary while it is connected to a If any person or organization to or for whom covered "auto" you own. we make payment under this Coverage Form b. For Hired Auto Physical Damage Cover - has rights to recover damages from another, age, any covered "auto" you lease, hire, those rights are transferred to us. That person rent or borrow is deemed to be a covered or organization must do everything necessary "auto" you own. However, any "auto" that to secure our rights and must do nothing after is leased, hired, rented or borrowed with "accident" or "loss" to impair them. a driver is not a covered "auto". B. General Conditions c. Regardless of the provisions of Para- 1. Bankruptcy graph a. above, this Coverage Form's Bankruptcy or insolvency of the "insured" or Covered Autos Liability Coverage is pri- the "insured's" estate will not relieve us of any mary for any liability assumed under an obligations under this Coverage Form. "insured contract". 2. Concealment, Misrepresentation Or Fraud d. When this Coverage Form and any other This Coverage Form is void in any case of Coverage Form or policy covers on the same basis, either excess or primary, we fraud by you at any time as it relates to this will pay only our share. Our share is the Coverage Form. It is also void if you or any proportion that the Limit of Insurance of other "insured", at any time, intentionally con- our Coverage Form bears to the total of teals or misrepresents a material fact con- the limits of all the Coverage Forms and cerning: policies covering on the same basis. a. This Coverage Form; 6. Premium Audit b. The covered "auto"; a. The estimated premium for this Coverage c. Your interest in the covered "auto"; or Form is based on the exposures you told d. A claim under this Coverage Form. us you would have when this policy be- 3. Liberalization gan. We will compute the final premium due when we determine your actual ex - If we revise this Coverage Form to provide posures. The estimated total premium will more coverage without additional premium be credited against the final premium due charge, your policy will automatically provide and the first Named Insured will be billed the additional coverage as of the day the re- for the balance, if any. The due date for vision is effective in your state. the final premium or retrospective pre- 4. No Benefit To Bailee — Physical Damage mium is the date shown as the due date Coverages on the bill. If the estimated total premium exceeds the final premium due, the first We will not recognize any assignment or Named Insured will get a refund. grant any coverage for the benefit of any per - Intersection Improvements at Cooks Ln and John T White Rd CPN 104603 CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 9 of 12 POLICY NUMBER: P-660-5T765300-PHX-22 ISSUE DATE: 06-29-22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION CONTINUED ON IL T8 03 ADDRESS: CONTINUED ON IL T8 03 FORT WORTH TX 76107 PROVISIONS If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation. Intersection Improvements at Cooks Ln and John T White Rd CPN 104603 IL T4 05 05 19 © 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of 'your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization . The insurance provided to such additional insured is limited as follows: c. In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be li mited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the li mits of insurance described in Section III — Limits Of Insurance. d. This insurance does not apply to the render- ing of or failure to render any "professional services" or construction management errors or omissions. e. This insurance does not apply to "bodily in- jury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end o f the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the pol icy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible 'other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to "other insurance" available to the additional in- sured which covers that person or organization as a named insured for such loss, and we will not share with that 'other insurance". But this insur- ance provided to the additional insured still is ex- cess over any valid and collectible 'other insur- ance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any 'other insurance". 3. The following is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the addi- tional insured: a. The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: Intersection Improvements at Cooks Ln and John T White Rd CPN 104603 CG D4 14 04 08 © 2008 The Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY L How, when and where the 'occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the 'occurrence" or offense. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: L Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions. d. The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover. However, this condition does not affect whether this insurance provided to the addi- tional insured is primary to that other insur- ance available to the additional insured which covers that person or organization as a named insured. 4. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs and the "personal in- jury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Intersection Improvements at Cooks Ln and John T White Rd CPN 104603 Page 2 of 2 © 2008 The Travelers Companies, Inc. CG D4 14 04 08 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance 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 is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Intersection Improvements at Cooks Ln and John T White Rd CPN 104603 CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 COMMERCIAL GENERAL LIABILITY occupational therapist or occupational therapy assistant, physical therapist or speech -language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or"volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph S. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. S. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. K. MEDICAL PAYMENTS— INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to Paragraph S. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION — PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION — WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY occurs; or CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. Intersection Improvements at Cooks Ln and John T White Rd CPN 104603 CG D3 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 4 of 4 Intersection Improvements at Cooks Ln and John T White Rd CPN 104603 AMA 104603-EPAG-Intersection Improvements Cooks Ln & John T. White Rd Interim Agreement Report 2023-07-05 Created: 2023-06-20 By: Andrea Munoz (Andrea. M unoz@fortworthtexas.gov) Status: Out for Filling Transaction ID: CBJCHBCAABAAym1Mf85kN_bWA6PyTZneS7XigK6xJJdt Agreement History Agreement history is the list of the events that have impacted the status of the agreement prior to the final signature. A final audit report will be generated when the agreement is complete. "104603-EPAG-Intersection Improvements Cooks Ln & John T. White Rd" History Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2023-06-20 - 1:29:05 PM GMT- IP address: 204.10.90.100 Document emailed to Alexiz.Ramirez@fortworthtexas.gov for approval 2023-06-20 - 1:41:28 PM GMT Document emailed to dtremper@dunaway.com for signature 2023-06-20 - 1:41:28 PM GMT Document emailed to david.kastendick@fortworthtexas.gov for signature 2023-06-20 - 1:41:28 PM GMT Document emailed to donnette.murphy@fortworthtexas.gov for approval 2023-06-20 - 1:41:28 PM GMT Email viewed by david.kastendick@fortworthtexas.gov 2023-06-20 - 1:44:54 PM GMT- IP address: 204.10.90.100 Signer david.kastendick@fortworthtexas.gov entered name at signing as David J. Kastendick 2023-06-20 - 1:46:59 PM GMT- IP address: 204.10.90.100 Document e-signed by David J. Kastendick (david.kastendick@fortworthtexas.gov) Signature Date: 2023-06-20 - 1:47:01 PM GMT - Time Source: server- IP address: 204.10.90.100 FORTW❑RTHg I Pawered6v Adobe Acrobat Sign Email viewed by dtremper@dunaway.com 2023-06-20 - 2:46:15 PM GMT- IP address: 104.47.58.126 Signer dtremper@dunaway.com entered name at signing as Daniel Tremper 2023-06-20 - 2:47:26 PM GMT- IP address: 12.4.154.26 Document e-signed by Daniel Tremper (dtremper@dunaway.com) Signature Date: 2023-06-20 - 2:47:28 PM GMT - Time Source: server- IP address: 12.4.154.26 Email viewed by donnette.murphy@fortworthtexas.gov 2023-06-20 - 3:30:37 PM GMT- IP address: 204.10.90.100 Signer donnette.murphy@fortworthtexas.gov entered name at signing as Donnette Murphy 2023-06-20 - 3:31:16 PM GMT- IP address: 204.10.90.100 Document approved by Donnette Murphy (donnette.murphy@fortworthtexas.gov) Approval Date: 2023-06-20 - 3:31:18 PM GMT - Time Source: server- IP address: 204.10.90.100 Email viewed by Alexiz.Ramirez@fortworthtexas.gov 2023-06-22 - 1:51:04 PM GMT- IP address: 166.199.242.121 Email viewed by Alexiz.Ramirez@fortworthtexas.gov 2023-06-23 - 2:18:41 PM GMT- IP address: 204.10.90.100 -, Signer Alexiz.Ramirez@fortworthtexas.gov entered name at signing as Alexiz Ramirez 2023-06-23 - 2:19:20 PM GMT- IP address: 204.10.90.100 Document approved by Alexiz Ramirez (Alexiz. Ram i rez@fortworthtexas.gov) Approval Date: 2023-06-23 - 2:19:22 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to Chad.Allen@fortworthtexas.gov for filling 2023-06-23 - 2:19:26 PM GMT FORTW❑RTHg I Paw m"Y Adobe Acrobat Sign FORT WORTHS Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Intersection Improvements Cooks Ln & John T. White Rd M&C: N/A CPN: 104603 CSO: DOC#: Date: 06-16-23 To: Name Department Initials Date Out 1. Daniel Tremper-Signature Dunaway DAT Jun 20, 2023 2. David Kastendick-Signature TPW a ?, Jun 20, 2023 3. Chad Allen -Review TPW /C*- J u l 14, 2023 4. Lissette Acevedo -Review TPW o J u 116, 2023 5. Patricia Wadsack-Review TPW pL TLW Jul 20, 2023 6. Lauren Prieur-Signature TPW LL� J u 121, 2023 7. Doug Black -Signature Legal dwb dwb Jul 24, 2023 8. William Johnson -Signature CMO W� Jul 24, 2023 9. Jannette Goodall CSO SG7� C7 Jul 24, 2023 10. TPW Contracts TPW CC: TPW BSPAP Recon Team, TPW Records Room, Alexiz Ramirez DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ®No SAME DAY: ❑YES ®No NEXT DAY: ❑YES ®No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts(&fortworthtexas.2ov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you!