HomeMy WebLinkAboutContract 63712CSC No. 63712
DESIGN -BUILD AGREEMENT
BETWEEN CITY OF FORT WORTH AND DESIGN -BUILDER
ON OPEN BOOK PRICE BASIS
This Agreement is made effective as of the date signed by the Assistant City Manager below
between the Design -Builder:
ECBuild LLC
301 Commerce Street
Fort Worth, TX 76102
and the Owner:
CITY OF FORT WORTH
100 Fort Worth Trail
Fort Worth, TX 76102
For the services in connection with the following Project:
Design and Construction/Renovation of the City of Fort Worth Downtown Library.
ARTICLE 1 - GENERAL PROVISIONS
1.1 Mutual Obliqations. Design -Builder and Owner agree to fully cooperate with each other
in providing to each other information available and in facilitating the Design and Construction
Work within the scope of this Agreement. Design -Builder agrees to provide the architectural and
engineering services as set forth below, and to furnish construction and administration of the
Construction Work.
1.2 Extent of Aareement. This agreement is solely and exclusively for the benefit of the
Owner and the Design -Builder and not for the benefit of any third party. The Owner and the
Design -Builder agree that there are no third -party beneficiaries and each agrees that the
obligations in this Agreement are owed exclusively to the other party to the Agreement. The
Parties agree that this Agreement represents the entire and integrated Agreement between the
Owner and the Design -Builder, and supersedes all prior negotiations, representations or
agreements, either written or oral.
1.3 Architect/Engineer. that firm or firms named herein retained by the Design -Builder to
provide architectural or engineering services are/include EwingCole, Inc.
1.4 Definitions.
1.4.1 The term "Agreement" shall mean this executed Standard Form of Design -Build
Agreement between the Owner and the Design -Builder on Open Book Price Basis.
1.4.2 The term "Architect/Engineer" shall mean Licensed, independent design
professionals engaged by the Design -Builder in conformance with Chapter 2254, Texas
Government Code or furnished by licensed employees of the Design -Builder to provide
architectural and engineering services required for the project.
1.4.3 The term "Contract Documents" shall mean (i) this Agreement; (ii) written
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Downtown Library CITY SECRETARY
FT. WORTH, TX
change orders and amendments to this Agreement, including exhibits and appendices signed by
both the Owner and the Design -Builder; (iii) the Design Criteria Documents as defined in
paragraph 1.4.10; (iv) the information provided by the Owner pursuant to Subparagraph 3.2.2; (v)
the Schematic Design Documents as defined in paragraph 1.4.19 and (vi) the Open Book Price
Proposal as defined in paragraph 5.2.1.
1.4.4 The term "Contract Time" shall mean the number of calendar days stated in the
Price Proposal (as provided in paragraph 5.2.1) during which the Design -Builder has agreed to
achieve Substantial Completion of the Construction Work.
1.4.5 The term "Price Proposal" shall mean the cost of the design and construction
proposed at the time of execution of this contract.
1.4.6 The term "Contract Price" shall have the meaning defined in paragraph 5.1
1.4.7 "Guaranteed Maximum Price" (GMP) shall be the total cost of the design and
construction of the project established at or before the time the construction is authorized. The
Owner shall not be obligated to any costs in excess of the GMP.
1.4.8 "Conceptual Budget Update" shall mean the budget submitted by the Contractor
for the estimated cost to construct the project as of the date of the budget submission.
1.4.8 The term "Construction Documents" shall mean the drawings, specifications
and other documents prepared by the Architect/Engineer and reviewed by the Owner for
compliance with the Owner's standards and specifications for the construction of the Project.
1.4.9 The term "Construction Work" shall mean all of Design -Builder's construction
services required by the Contract Documents.
1.4.10 The term "Date of Commencement" shall have the meaning defined in paragraph
5.2.3, or 5.2.4.1, as applicable. The Owner will promptly obtain all easements, zoning changes,
approvals, and other legal requirements to allow construction to proceed without delay.
1.4.11 The term "day" or "days" shall mean calendar days unless otherwise specifically
noted in the Contract Documents.
1.4.12 The term "Defective Work" shall mean any portion of the Construction Work not
in conformance with the Construction Documents.
1.4.13 Left blank for future use
1.4.14 The term "Design Consultants" shall mean the engineering or architectural
firm(s) employed by the Design -Builder to perform design or consulting work for the Project site,
and the building improvements. Such Design Consultants services may include civil engineering
for utilities, storm drainage, and pavement; geotechnical engineering; landscape architecture;
environmental engineering or consulting; and surveying and construction staking for site work.
Design Consultants for the building design may include electrical, structural, mechanical,
plumbing, architectural, ADA/TSA and other specialty design areas.
1.4.15 The term "Differing Site Conditions" shall mean concealed or latent physical
conditions, or subsurface conditions, at the Project site that (i) materially differ from the conditions
indicated in the Design Criteria Documents or (ii) are of an unusual nature, differing materially
from the conditions ordinarily encountered and generally recognized as inherent in construction
work.
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1.4.16 The term "Hazardous Material(s)" shall mean any materials, waste, substances,
and/or chemicals deemed to be hazardous under all applicable federal, state, and/or local laws,
codes, ordinances, rules, regulations, orders and decrees of any governmental entity having
jurisdiction over the Project or the Project site.
1.4.17 The term "Other Contractors" shall mean any other independent contractor,
agent or representative employed by the Owner at the Project site who is not employed by the
Design -Builder, or its subcontractors.
1.4.18 The term "Project" is the building, facility, or other improvements at the location
provided by the Owner, which the Design -Builder has agreed to complete pursuant to the
requirements of the Construction Design Documents.
1.4.19 The term "Schematic Design Documents" shall mean the drawings, outline
specifications, and/or other conceptual documents illustrating the Project's elements, scale, and
features, which documents address the requirements of the Owner's Design Criteria Documents
submitted by the Owner to the Design -Builder. The Schematic Design Documents shall be the
documents prepared and submitted to the Owner with a Conceptual Budget Update.
1.4.20 The term "Subcontractor(s)" shall mean any party or entity retained by the
Design -Builder as an independent contractor to provide any of the labor, materials, equipment,
and/or services necessary to complete a specific portion of the Construction Work under this
Agreement. The term Subcontractor does not include an architect, engineer, other design
consultants, if any, or any Other Contractors retained by the Owner with the Conceptual Budget
Update.
1.4.21 The term "Substantial Completion" shall be the date on which the Construction
Work, or an agreed portion of the Construction Work, is sufficiently complete so that the Owner
can beneficially occupy or use the Project, or portion thereof, for its intended purposes. The
issuance of a certificate of occupancy is not a prerequisite for Substantial Completion if the
certificate of occupancy cannot be obtained due to factors beyond the Design -Builder's control.
The Design -Builder and the Owner agree to sign a certificate of Substantial Completion confirming
the date of Substantial Completion.
1.4.22 The term "Work Product" shall mean all drawings, specifications, and other
design documents, including those in electronic format prepared by or procured by the Design -
Builder in performance of this Agreement.
1.4.23 The term "Open Book Price" shall refer to the price of subcontracts and
purchases, the site expenses for superintendence and professional services directly supporting
the construction effort plus agreed overhead and profit.
ARTICLE 2 - DESIGN -BUILDER'S SERVICES AND RESPONSIBILITIES
2. Design Services.
2.1 Schematic Desiqn. The Design -Builder shall prepare a schematic design sufficient
in detail and scope to clearly identify all major features of the project, prepare a preliminary project
schedule, and to present a Conceptual Budget Update. The Owner shall accept, in writing, the
Schematic Design prior to detailed design and execution of the construction.
2.2 Final Desiqn. Pursuant to a mutually agreeable schedule, the Design -Builder shall
submit for the Owner's approval Construction Documents that meet the requirements of the
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Schematic Design Documents, and any change orders executed by both the Owner and the
Design -Builder after the date of this Agreement and prior to the submission of the Construction
Documents to the Owner.
2.3 Construction Documents. The Construction Documents shall set forth the
requirements for the Construction Work, and shall be based upon codes, laws or regulations
effective on the date of this Agreement. If any codes, laws, or regulations are changed or are
enacted after the date of this Agreement affecting the performance of the Construction Work,
the Contract Price and the Contract Time shall be equitably adjusted to compensate the Design -
Builder for the changes. When the Design -Builder submits the Construction Documents to the
Owner, the Design -Builder shall identify in writing all material changes and deviations from the
requirements of the Schematic Design Documents. Material changes, if any, between the
Construction Documents and the Schematic Design Documents necessitated by changes in
codes, laws or regulations shall be documented by a Change Order pursuant paragraph 7.2
equitably adjusting the Contract Price and/or the Contract Time. Three (3) sets of the
Construction Documents shall be furnished to the Owner prior to the date of commencement of
construction. Construction shall not start without a "Notice to Proceed". The Notice to Proceed
shall not be issued without bonds in place.
2.4 Construction Services.
2.4.1 The Design -Builder agrees to timely complete the design and commence
construction to substantially complete the construction within the Contract Time. The Design -
Builder and its Subcontractors shall provide all necessary construction labor, materials, tools,
equipment, as well as all construction supervision, inspection, and temporary utilities as required
to complete construction required by the Construction Documents.
2.4.2 The Design -Builder shall perform all Construction Work in accordance with the
requirements of the Construction Documents. Design -Builder shall at all times exercise complete
and exclusive control over the construction means, methods, sequences, and techniques. The
Design -Builder shall be responsible for the proper performance of the work, including all work
performed by its Subcontractors, and any acts and omissions in connection with such
performance.
2.4.3 The Design -Builder shall keep the Project site reasonably free from debris, trash,
and construction wastes to permit Design -Builder to perform the Construction Work efficiently,
safely, and without interference in the use of adjacent properties. Upon Substantial Completion
of the Project, the Design -Builder shall remove all debris, trash, construction waste, materials,
equipment, machinery, and tools arising from the Construction Work, to permit Owner to occupy
the Project for its intended use. Upon completion of the Project, Contractor shall complete the
removal of all debris, trash, construction waste, materials, equipment, machinery, and tools
arising from the Construction Work prior to final payment being due.
2.5 Safety of Persons and Property. The Design -Builder shall require each of its
Subcontractors to be responsible for the safety of its workmen performing the Construction Work
at the Project site, as well as the safety of all persons and property which could be injured during
the prosecution of any subcontract work. The provisions of this Agreement shall not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
subcontract work, nor for compliance with the applicable laws and regulations. The Design -
Builder shall be responsible for the safety of all employees and workmen directly employed by
the Design -Builder at the Project site.
2.5.1 Safety Representative. The Design -Builder shall designate an individual at the
Project site in the employment of the Design -Builder who shall act as the Design -Builder's
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designated safety representative. Unless otherwise identified by the Design -Builder in writing to
the Owner, the designated safety representative shall be the Design -Builder's project
superintendent. The Design -Builder will promptly report to the Owner in writing all accidents and
injuries occurring at the Project site. When the Design -Builder is required to file an accident report
with a public authority, the Design -Builder shall furnish a copy of the report to the Owner. The
Design -Builder and its Subcontractors shall comply with all legal requirements relating to the
safety, as well as any of Owner's specific safety requirements if specified in the Contract
Documents.
2.5.2 Reproduction, Use and Ownership of Work Product. All designs, drawings,
specifications, documents, and other work products of the Design -Builder 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 Owner or by others acting through or on behalf of the Owner
of any such instruments of service without the written permission of the Design -Builder will be at
the Owner's sole risk. The Owner shall own the final, printed designs, drawings, specifications
and documents. Transfer of ownership of the contract documents does not constitute sale of the
documents.
2.5.3 Standard of Care. Qualified, licensed design professionals employed by the
Design -Builder or procured from qualified, independent licensed design consultants shall prepare
the Construction Documents. The standard of care for all design professional services performed
under this Agreement shall be the care and skill ordinarily used by members of the architectural
and engineering professions practicing under similar conditions at the same time and locality as
the Project. This Agreement does not establish or create any legal or contractual obligations
between the Owner and the design professionals employed by the Design -Builder, and the design
professionals shall not be deemed to be a third party beneficiaries under this Agreement. The
design professionals shall be selected based upon demonstrated competence and qualifications
in accord with Section 2254.004, Texas Government Code.
2.5.4 Hazardous Materials. The Design -Builder shall not be obligated to
commence or continue the Construction Work until all known or suspected Hazardous Material
discovered at the Project site not introduced onto the Project site by the Design -Builder have been
removed or rendered harmless by the Owner, as certified by an independent testing laboratory
and approved by the appropriate government agency.
2.5.4.1 The Design -Builder and its Subcontractors shall not knowingly enter upon any
portion of the Construction Work containing Hazardous Material. If after the commencement of
the Construction Work known or suspected Hazardous Materials are discovered at the Project,
the Design -Builder shall be entitled to immediately stop Construction Work in the affected area,
unless such Hazardous Materials are introduced onto the Project site by the Design -Builder. The
Design -Builder shall report the condition to the Owner, and, if required, the governmental agency
having jurisdiction. If the Design -Builder incurs additional cost and/or is delayed due to the
presence or remediation of Hazardous Material, the Design -Builder shall be entitled to an
equitable adjustment in the Contract Price and/or the Contract Time, unless such Hazardous
Materials are introduced onto the Project site by the Design -Builder. The Design -Builder shall not
be required to perform any Construction Work related to or in the area of Hazardous Material not
introduced into the Project site by it unless a written agreement is entered into between the
Design -Builder and the Owner to provide for extra cost, if any, extra time, if any, and additional
risk incurred by the Design -Builder.
2.5.4.2 If potentially hazardous materials are discovered at the Project site that were not
introduced by the Design -Builder, the Owner shall be responsible for retaining an independent
testing laboratory to determine the nature of the material encountered and whether it is a
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Hazardous Material requiring corrective measures and/or remedial action, otherwise the Design -
Builder shall be responsible for such testing. Such measures shall be the sole responsibility of
the Owner, and shall be performed in a manner minimizing any adverse effect upon the
Construction Work of the Design -Builder, unless such Hazardous Materials are introduced onto
the Project site by the Design -Builder. The Design -Builder shall resume the Construction Work in
the area affected by any Hazardous Material only after written agreement between the Owner
and the Design -Builder has been executed, after the Hazardous Material has been removed or
rendered harmless, and after approval of the governmental agency or agencies with jurisdiction,
if required.
2.5.4.3 If hazardous materials are encountered as a result of the Owner's failure to identify
or remove hazardous materials existing at the Project site prior to the commencement of
construction, the Owner agrees to (1) release the Design -Builder, its Subcontractors, and their
officers, directors and employees from any and all claims, damages, losses, or expenses incurred
by the Owner arising out of or related to the performance of the construction work in the area
affected by the Hazardous Material existing at the Project site prior to commencement of the
Project; (2) release the Design -Builder from any indemnification obligations in this Agreement as
it relates to Hazardous Materials only; (3) extend the Contract Time by the actual number of days
that the Design -Builder is delayed in the completion of the Contract Work arising out of or related
to the identification, testing, and abatement of the Hazardous Material existing at the Project site
prior to commencement of performance; (4) execute a Change Order increasing the Contract
Price by any costs or losses incurred by Design -Builder which arise out of the testing or abatement
of the Hazardous Material existing at the Project site prior to commencement of performance, or
relate to the performance of Construction Work in the area affected by the Hazardous Material
prior to the Design -Builder's discovery of the Hazardous Material existing at the Project site prior
to commencement of performance.
2.5.4.4 During performance of the Construction Work, the Design -Builder shall be
responsible for the proper handling of all materials brought to the Project site by the Design -
Builder or its Subcontractors. Upon the issuance of the certificate of Substantial Completion, the
Design -Builder shall continue to be responsible for materials and substances brought to the
Project site, if such materials or substances are required by the Construction Documents.
2.5.4.5 TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS,
DESIGN -BUILDER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER,
FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING
ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO A HAZARDOUS
ENVIRONMENTAL CONDITION CREATED BY DESIGN -BUILDER OR BY ANYONE FOR
WHOM DESIGN -BUILDER IS RESPONSIBLE. NOTHING IN THIS PARAGRAPH SHALL
OBLIGATE DESIGN -BUILDER TO INDEMNIFY ANY INDIVIDUAL OR ENTITY FROM AND
AGAINST THE CONSEQUENCES OF THAT INDIVIDUAL'S OR ENTITY'S OWN
NEGLIGENCE.
2.6 Design -Builder's Warrantv. Design -Builder warrants to Owner that all materials and
equipment furnished under this Agreement will be new, unless otherwise specified. The
Design -Builder also warrants to the Owner that all materials and equipment furnished under this
Agreement will be in conformance with the Construction Documents. Design -Builder's warranty
obligations exclude defects caused by abuse, alterations, or failure to maintain the Construction
Work by persons other than the Design -Builder. The Design -Builder agrees to correct all
Defective Work for which the Owner provides notice to the Design -Builder within a period of
One Year from the date of Substantial Completion of each respective phase. The Design -
Builder shall collect written warranties as defined in the contract documents from manufacturers,
as well as all equipment manuals, and deliver them to the Owner for the Owner's use. To the
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extent that products, equipment, systems or materials incorporated into the Construction Work
are covered by a warranty from the manufacturer of such products, equipment, systems or
material in excess of one year, the Owner's remedy to correct the defective products,
equipment, systems, or materials after the one-year period shall be exclusively against the
warranty of the manufacturer. Prior to the expiration of the one year warranty there will be a
walk through attended by the Owner, Architect, and Contractor to identify any items that need to
be addressed. These items will be agreed upon by all parties and the contractor will complete
the work within 30 days.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
3.1 Cooperation with Desiqn-Builder.
3.1.1 Owner shall, throughout the performance of the Construction Work, cooperate with
Design -Builder and perform its responsibilities, obligations and services in a timely manner to
facilitate Design -Builder's timely and efficient performance of the Construction Work and so as
not to delay or interfere with Design -Builder's performance of its obligations under the Contract
Documents and/or Construction Documents. The Owner shall cooperate and provide reasonable
assistance to the Design -Builder in obtaining the permits, approvals, and licenses that are the
responsibility of the Design -Builder.
3.1.2 Owner shall provide timely reviews and approvals of interim design submissions,
Schematic Design Documents, and Construction Documents consistent with Owner's normal
business practices and within the negotiated times set forth in Design -Builder's schedule.
3.2 Information and Services Provided by Owner.
3.2.1 The Owner shall provide full information in a timely manner regarding requirements
for the Project including all information contained in the Design Criteria Documents.
3.2.2 Owner will assist with securing and executing all necessary easements and
agreements with adjacent land or property owners that are necessary to enable Design -Builder
to perform the Work.
3.3 Approval of Construction Documents. At the time of the Owner's approval of the
Conceptual Budget Update, as provided in paragraph 5.2, the Owner shall review, modify as
required, and approve the Construction Documents provided to the Owner by the Design -Builder.
Upon the Owner's approval, the Construction Documents shall be part of the Contract Documents
and shall constitute the scope of the design and construction services to be performed by Design -
Builder.
3.4 Owner's Construction Responsibilities
3.4.1 Throughout the performance of the Construction Work, the Owner shall cooperate
with Design -Builder to assure that the Construction Work is timely and efficiently performed
without delay or interference to the services provided by Design -Builder. The Owner shall assign
Ronald Clements, Project manager, as the Owner representative who shall be fully acquainted
with the Project and who shall have authority to bind the Owner in all matters requiring the Owner's
approval, authorization, or written notice. If the Owner changes its representative or the
representative's authority as listed above, the Owner shall notify the Design -Builder in writing, in
advance of such change.
3.4.2 Owner is responsible for all work performed on the Project or at the location of the
Project by other contractors under separate contracts with the Owner. Owner shall contractually
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require its separate contractors to cooperate with and coordinate their activities with Design -
Builder, so as not to interfere with Design -Builder in performance of this Agreement.
3.4.3 Owner shall contract for, independently of the Design -Builder, the inspection
services, the testing of construction materials, and the verification testing services necessary for
acceptance of the Project.
3.4.4 Any change order or cumulative change orders in an amount greater than
$100,000 requires the prior approval of the City Council of the City of Fort Worth.
ARTICLE 4 - CONTRACT TIME
4.1 Substantial Completion and Final Completion. Substantial Completion of the
Construction Work shall be achieved after the Date of Commencement, within the Contract Time
as specified pursuant to paragraph 5.2.1.4 and as extended pursuant to paragraph 4.2. Unless
causes beyond the Design -Builder's control delay final completion, the Design -Builder shall
achieve final completion of the Construction Work, including all punch list work, within sixty (60)
days from the date of Substantial Completion.
4.2 Extensions of Time.
4.2.1 If causes beyond the Design -Builder's control extend the time for the
commencement or progress of the Construction Work, then the Contract Time shall be extended
as appropriate. Such causes shall include but not be limited to: changes ordered in the
Construction Work by the Owner, negligent acts or omissions of the Owner or Other Contractors,
the Owner's interference in the Design -Builder's performance of Construction Work, the presence
of Hazardous Materials at the Project site, the presence of Differing Site Conditions, adverse
weather conditions not reasonably anticipated, fire, unusual transportation delays, labor disputes
impacting the Project, actions by governmental agencies, and/or unavoidable accidents or
circumstances. Causes beyond the control of the Design -Builder do not include negligent acts or
omissions on the part of the Design -Builder, Subcontractors, or the Architect/Engineer.
4.2.2 In the event delays to the Project are encountered for any reason, both the Owner
and the Design -Builder agree to undertake reasonable efforts to mitigate the effects of such
delays.
4.3 Liquidated Damaqes. The parties agree and acknowledge that actual damages are
uncertain and difficult to ascertain because the Project relates to construction for a municipality.
Normal damages of lost rent or profit are not applicable in this circumstance because the City is
a municipality and the Project will not receive rent and the City will not have lost profits. Therefore,
the parties agree that because City's actual damages are too difficult to ascertain that the
liquidated damages stated below are reasonable and a correct representation of actual damages
to the City. The parties also agree that the liquidated damages called for in this contract are not
a penalty but an agreed upon damages calculation by two sophisticated parties. The deduction
for liquidated damages shall be as follows:
Amount of Contract
$15,000 or less
$15,001 to
$25,000
$25,001 to
$50,000
$50,001 to
$100,000
$100,000 to
$500,000
Liquidated Damages per Day
$45
$63
$105
$154
$210
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$500,001 to $1,000,000
$315
$1,000,001 to $2,000,000
$420
$2,000,001 to $5,000,000
$630
$5,000,001 to $10,000,000
$840
Over $10,000,000
$980
ARTICLE 5 - CONTRACT PRICE
5.1 Contract Price. Owner shall pay Design -Builder, in accordance with Article 6 hereof, total
compensation ("Contract Price") not to exceed the Guaranteed Maximum Price.
5.2 Contract Cost.
5.2.1 Guaranteed Maximum Price Proposal ("GMP"). The Design -Builder shall
submit a Price Proposal to the Owner for each phase working toward a GMP, which shall be
limited to a not -to -exceed amount of $6.000,000.00 based on Design -Build management fees of
14.83% ($889,692.00) for design and 3% ($180,000.00) for construction, and to include a 7.5%
($450,000.00) Owner's Construction Contingency Allowance for Phase I design and construction
planning and phase 2 master planning. All unspent contingencies belong to the City at the
completion of the project.
5.2.1.2 The construction Documents shall be the basis for the procurement and trade bids.
The Construction Documents, in conjunction with the trade bids, shall be the basis for the
Guaranteed Maximum Price and Final Schedule.
5.2.1.3 A list of the assumptions and clarifications made by Design -Builder in establishing
the GMP, which list is intended to supplement the information contained in the Construction
Design Documents.
5.2.1.4 The Contract Time upon which the proposed GMP is based;
5.2.1.5If applicable, a list of allowances and a statement of their basis; a schedule of
alternate prices; a schedule of unit prices; and/or a statement of Additional Services; and
5.2.1.6 The time limit for acceptance of the GMP Proposal.
5.2.2 Review and Adiustment to GMP Proposal. After submission of the GMP
Proposal, Design -Builder and Owner shall meet to discuss and review the Design Documents
and the Price Proposal. If Owner has any comments regarding the GMP Proposal, or finds any
inconsistencies or inaccuracies in the information presented, the Owner shall promptly give
written notice to Design -Builder of such comments or findings. If appropriate, Design -Builder
shall, upon receipt of Owner's notice, make appropriate adjustments to the GMP Proposal.
5.2.3 Acceptance of Price Proposal. If Owner accepts the GMP Proposal, the GMP
Proposal and all documents submitted with the GMP Proposal shall amend and become a part of
this Agreement. The Date of Commencement shall be ten (10) business days after Design -
Builder's receipt of Owner's acceptance of the GMP Proposal. Design -Builder will proceed with
completion of design and ordering of long lead-time materials required for the Project.
5.2.4 Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal, or
fails to notify Design -Builder in writing on or before the date specified in the GMP Proposal that it
accepts GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such
event, Owner and Design -Builder shall meet and confer as to how the Project will proceed, with
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Owner having the following options:
5.2.4.1 Owner shall suggest modifications to the GMP Proposal, whereupon, if such
modifications are accepted in writing by Design -Builder, the GMP Proposal shall be deemed
accepted, as modified, and the parties shall proceed in accordance with paragraph 5.2.3 above,
except the Date of Commencement shall be the date of Design -Builder's written acceptance of
such modifications; or
5.2.4.2 Owner shall terminate this Agreement by payment to Design -Builder equal to
percentage of project completion based upon progress billing. Design -Builder will provide
breakdown of respective cost of design and construction fees respective to each phase in the
schedule of values, such payment being the total compensation Design -Builder will be entitled to
for any and all work performed prior to the date of such termination.
5.3 Adiustments to Price The GMP Price shall be equitably adjusted to provide for changes
in the scope of the Construction Work, including:
5.3.1 Delays encountered in performing the work caused by or resulting from acts or
omissions of the Owner, the Owner's representatives, or any Other Contractors;
5.3.2 Changes to the Project or Construction Work as provided in Article 7 hereof;
5.3.3 Additional work and/or delays caused by or resulting from the presence of
Hazardous Materials on the Project site other than materials brought onto the site by Design -
Builder;
5.3.4 The Owner's suspension of the work under this Agreement; or
5.3.5 Differing Site Conditions; and/or other occurrences or circumstances for which the
Design -Builder is entitled to a price adjustment under this Agreement.
ARTICLE 6 - PAYMENT
6.1 Schedule of Values.
6.1.1 Prior to submitting the first application for payment during the Construction Work,
the Design -Builder shall provide to the Owner a schedule of values consisting of a breakdown of
the Open Book Price with separate line items for the major elements of the Construction Work
included in the Lump Sum Price.
6.1.2 If the Owner disagrees with the values utilized by the Design -Builder in the
schedule of values, the Owner shall provide the Design -Builder a written objection to the schedule
of values within seven (7) days after the Owner's receipt of the schedule of values, specifically
stating the items with which the Owner objects, the basis for such objection, and the adjustment
in the schedule of values which would be satisfactory to the Owner. In the event of objection by
the Owner, the Design -Builder and the Owner shall negotiate in good faith to resolve any such
objection before commencement of the Construction Work. The Design -Builder shall not be
required to commence the Construction Work until all such objections are resolved. If any such
delays in the commencement of the Construction Work are encountered, the Design -Builder shall
be entitled to an adjustment of the Contract Time.
6.2 Monthly Proqress Pavments.
6.2.1 On the first day of each month after the Execution of the Agreement, the Design -
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Builder shall submit to the Owner an application for payment based on the percentage of work
completed for each item on the schedule of values, and the materials suitably stored at the Project
site (or at other locations approved in writing by the Owner). Approval of payment applications
for such stored materials shall be conditioned upon submission by the Design -Builder of bills of
sale or such other procedures satisfactory to the Owner to establish the Owner's title to such
materials.
6.2.2 Within ten (10) days after the Owner's receipt of each monthly application for
payment, the Owner shall give written notice to the Design -Builder of the Owner's acceptance,
rejection, or adjustment of such application for payment. The Owner's adjustment or rejection of
an application for payment shall only be based on a justification stated in paragraph 6.2.3. Within
fifteen (15) days after receipt of each monthly application for payment, the Owner shall pay directly
to the Design -Builder, the amount for which the application for payment is made, less any amounts
previously paid by the Owner. If such application is rejected or adjusted, the Owner shall provide
with the written notice of rejection or adjustment, a statement of the specific portion of the items
in the schedule of values rejected or adjusted and the Owner's basis for such rejection or
adjustment. If the Owner and Design -Builder cannot agree on a revised amount, the Owner shall
pay directly to the Design -Builder the amount of those items not rejected and the uncontested
amount of items adjusted, less amounts previously paid by the Owner. The items rejected or
adjusted by the Owner shall be due and payable when the reasons for the Owner's rejection or
adjustment have been removed or cured.
6.2.3 Justification for Owner's Adiustment. For the following reasons, the Owner
may reject or adjust an application for payment submitted by the Design -Builder to the extent
necessary to protect the Owner from loss or damage for which Design -Builder is responsible
under this Agreement:
6.2.3.1 The Design -Builder repeatedly fails to perform the Construction Work as required
by the Construction Documents;
6.2.3.2 The Owner suffers or incurs a loss or damage arising out of this Agreement and
caused by the Design -Builder, but only to the extent that such loss or damage is not covered by
insurance provided by Design -Builder or by Owner pursuant to the terms of this Agreement;
6.2.3.3 The Owner receives notice that the Design -Builder has failed to pay Design
Consultants, Subcontractors, or other persons supplying materials, equipment or supplies
incorporated into the Construction Work, when the Owner has paid the Design -Builder for such
Construction Work; provided Consultants, Subcontractors or other persons materials, equipment
or supplies incorporated in to the Construction Work have complied with all Subcontract
requirements.
6.2.3.4 The Design -Builder fails to correct Defective Work in a timely manner as provided
in this Agreement; or
6.2.3.5 If the unpaid balance of the Contract Price is insufficient to pay for the cost to
complete the Construction Work required under this Agreement.
6.2.3.5 When the above basis for rejecting or adjusting an application for payment has
been removed, the Owner will make payment within thirty (30) days to the Design -Builder for the
amounts previously withheld.
6.2.4 Retainacie Before Substantial Completion. From each progress payment made
prior to the time of Substantial Completion of the Construction Work, the Owner may retain five
percent (5%) of the amount otherwise due under this Agreement. Retainage will not be held on
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insurances, bonds, design fees and any material only purchase orders after materials have
arrived on -site and proof of payment delivered to the Owner.
6.2.5 Retainaqe After Substantial Completion. Upon Substantial Completion of the
Construction Work, the Owner shall pay the Design -Builder the unpaid balance of the Contract
Price, less a sum equal to 150% of the Owner's estimated cost of completing any unfinished
items, as agreed to between the Owner and the Design -Builder. The Owner thereafter shall pay
the Design -Builder monthly the amount retained for unfinished items as each item is completed.
6.2.6 Owner's Failure to Pay. If the Owner fails to pay the Design -Builder at the time
payment of any amount becomes due, and such amount remains unpaid for a period of thirty (30)
days, then (i) within three (3) Owner business days after the Owner's receipt of notice from the
Design -Builder of the Design -Builder's intention to cease work on the Project, the Design -Builder
may stop all work on the Project until full payment of the amount owing has been received by the
Design -Builder and (ii) within seven (7) days after the Owner's receipt of notice of termination
from the Design -Builder, the Design -Builder may terminate this Agreement. Payments due but
unpaid pursuant to this Agreement shall bear interest at the rate set forth for past due construction
payments in Chapter 2251 of the Texas Government Code.
6.2.7 Warrantv of Clear Title. The Design -Builder warrants and guarantees that title to
all work, materials, and equipment covered by an application for payment, whether incorporated
in the Project or not, will pass to the Owner upon receipt by Design -Builder of payment for the
application for payment, free and clear of all liens, claims, security interests, or encumbrances.
The Owner's payment of an application for payment, whether in whole or in part, shall not be
deemed acceptance of any Construction Work not conforming to the requirements of the
Construction Documents, it being the duty and responsibility of the Design -Builder to perform the
Construction Work in accordance with the requirements of the Construction Documents.
6.3 Final Pavment.
6.3.1 Upon completion of all work under this Agreement, including punch list work,
Design -Builder shall submit an invoice to Owner for the final Contract Price, less progress
payments previously received (the "Final Invoice").
6.3.2 Owner shall have 30 days to review and audit Design -Builder's Final Invoice. If
the Owner disagrees with the Design -Builder's Final Invoice notice thereof shall be provided to
Design -Builder not later than 35 days following Design -Builder's submission of its Final Invoice.
Such notice of disagreement must describe in detail those portions of the Final Invoice disputed
and the reason(s).
6.3.3 If Owner disagrees or objects with the Final Invoice, payment shall nevertheless
be made for the undisputed balance, if any, due Design -Builder. Such payment of the undisputed
balance is due not later than 45 days following Design -Builder's submission of the Final Invoice.
With respect to the disputed amount of Design -Builder's Final Invoice the parties shall meet within
the 30-day period following Owner's notice of disagreement and attempt to resolve the dispute by
agreement. If that process is unsuccessful, the Owner and Design Builder shall submit the dispute
to non -binding mediation, and if such mediation is unsuccessful in resolving the dispute, either
Owner or Design -Builder may bring suit in a court of competent jurisdiction located in Tarrant
County, Texas.
6.3.4 In the event the final total Contract Price payable under this Agreement is less than
the sum of progress payments previously received, Design -Builder shall refund the amount of
such excess progress payments received to Owner within 10 days following the final
determination of the final total Contract Price. Any refund not so made shall bear interest at the
rate of ten percent (10%) per annum.
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6.3.5 Owner shall pay Design -Builder interest at the rate set forth for past due
construction payments in Chapter 2251 of the Texas Government Code on any amounts not
timely paid under this Agreement. To the extent any disputed entitlement to payment is resolved
in favor of the Design -Builder, such interest shall be paid on the amount determined to be due
Design -Builder from the original due date of the disputed payment.
ARTICLE 7 - CHANGES IN THE WORK
7.1 Changes in the Work. Changes in the Construction Work which are within the
general scope of this Agreement may be accomplished without invaliding the Agreement by
Change Order as provided in paragraph 7.2, a Work Change Directive as provided in paragraph
7.3, or a Minor Change in the Work as provided in paragraph 7.4.
7.2 Change Orders. The Owner may order changes in the Construction Work within the
general scope of the Construction Documents by a Change Order. All such changes in the
Construction Work shall be authorized by the Owner pursuant to a written change order executed
by the Owner and the Design -Builder, and shall be performed under applicable conditions of the
Contract Documents. Each adjustment in the Contract Price and/or Contract Time resulting from
a Change Order shall clearly separate the amount attributable to design services. The Owner
and the Design -Builder shall negotiate in good faith an equitable adjustment to the Contract Price
and the Contract Time and shall conclude these negotiations as expeditiously as possible.
Neither the Design -Builder nor the Owner shall unreasonably withhold acceptance of the Change
Order, any adjustment in the Contract Price, and/or Contract Time.
7.3 Work Change Directive. In the event the Owner and the Design -Builder cannot agree
on an equitable adjustment to the Contract Price or the Contract Time, the Owner may issue a
Work Change Directive, directing a change in the Construction Work if the changed work is within
the general scope of the Construction Documents. If the Owner issues a Work Change Directive,
the Design -Builder shall provide an accounting to the Owner for all extra costs incurred by the
Design -Builder as a result of the Work Change Directive. The Design -Builder shall also record
all extra time required for the completion of the work required by the Work Change Directive. The
Contract Price will be increased by the amount of such additional costs plus fifteen percent (15%)
of such costs for Design -Builder's overhead and profit. The Design -Builder will also be entitled to
an extension of the Contract Time that corresponds with the additional time required to complete
the work under the Work Change Directive. If the Owner and Design -Builder subsequently agree
to the adjustments in the Contract Price and the Contract Time for work under the Work Change
Directive, such agreement shall be documented by completion of a Change Order.
7.4 Minor Changes in the Work. Design -Builder, with the written approval of the
Owner, may make minor changes in the design and construction of the Project consistent with
the intent of the Contract Documents, which do not involve an adjustment of the Contract Price
and/or the Contract Time, and which do not materially or adversely affect the design of the Project,
the quality of any of the materials or equipment specified in the Construction Documents, the
performance of any equipment or systems specified in the Construction Documents, or the quality
of workmanship required by the Construction Documents.
7.5 Differing Site Conditions. If Design -Builder encounters a Differing Site Condition that
is manmade, Design -Builder will be entitled to an adjustment in the Contract Price, and/or the
Contract Time, to the extent that the Differing Site Condition adversely impacts design -Builder's
costs and/or time of performance. Upon encountering a manmade Differing Site Condition,
Design -Builder shall provide prompt written notice to Owner of such condition, which notice shall
not be later than five (5) business days after the impact of such manmade Differing Site Condition
has been determined by Design -Builder. Design -Builder shall, to the extent reasonably possible,
provide such notice in a manner to allow the Owner to mitigate any costs or extra expenses arising
out of the manmade Differing Site Condition. Design -Builder waives any claim for additional time
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and/or compensation for failure to provide written notice as required herein. Design -Builder shall
not be entitled to any additional compensation for a naturally occurring Differing Site Condition,
but shall be entitled to and adjustment in Contract Time.
ARTICLE 8 - INDEMNITY, INSURANCE AND BONDS
8.1 Indemnity. DESIGN -BUILDER COVENANTS AND AGREES TO, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND OWNER, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY
AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THIS
AGREEMENT, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED
NEGLIGENCE ON THE PART OF THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES AND INVITEES OF OWNER. DESIGN -
BUILDER DOES HEREBY COVENANT AND AGREE TO ASSUME ALL LIABILITY AND
RESPONSIBILITY OF OWNER, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FOR
PROPERTY DAMAGE OR LOSS, AND/OR PERSONAL INJURIES, INCLUDING DEATH, TO
ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THIS
AGREEMENT, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OWNER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. DESIGN -BUILDER
LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD
OWNER HARMLESS FROM AND AGAINST ANY AND ALL INJURIES, LOSS, OR DAMAGES
TO PROPERTY OF OWNER DURING THE PERFORMANCE OF THIS AGREEMENT, WHETHER
ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM, IN WHOLE OR IN PART,
ANY AND ALL ALLEGED ACTS OR OMISSIONS OF OWNER'S OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR
INVITEES. THE INTENT OF THIS PARAGRAPH IS TO REQUIRE DESIGN -BUILDER TO
INDEMNIFY THE OWNER FOR ITS SOLE OR CONCURRENT NEGLIGENCE; PROVIDED,
HOWEVER, THIS INDEMNITY SHALL NOT BE CONSTRUED SO AS TO REQUIRE THE DESIGN
PROFESSIONAL TO INDEMNIFY OWNER OR ANYONE UNDER OWNER FOR THE OWNER'S
SOLE NEGLIGENCE.
8.2 Design -Builder's Liabilitv Insurance. The Design -Builder shall obtain and maintain
insurance coverage for the following claims which may arise out of the performance of this
Agreement, whether resulting from the Design -Builder's operations or from the operations of any
Subcontractors, their employees, or by an individual or entity for whose acts they are liable:
8.2.1 Claims under Workers' Compensation statutes or other disability benefits statutes
applicable to the Construction Work;
8.2.2 Claims under applicable employer's liability statutes or laws for bodily injury,
occupational sickness, disease or death claims of the Design -Builder's employees;
8.2.3 Claims for bodily injury, sickness, disease, death or damages to persons not
employed by the Design -Builder;
8.2.4 Claims for personal injury disability for damages directly or indirectly related to the
person's employment by the Design -Builder;
8.2.5 Claims for damage to or destruction of tangible property;
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8.2.6 Claims for bodily injury, death, or property damage resulting from motor vehicle
liability for motor vehicles used or operated by the Design -Builder; and
8.2.7 Claims for contractual liability involving the Design -Builder's obligations under the
indemnity provided in this Agreement.
8.2.8 Claims for loss of use of Owner's property located at the Project site occurring
before Substantial Completion.
8.2.9 Claims for damage to boiler and machinery located at the Project site occurring
before Substantial Completion.
8.2.8 The Design -Builder's liability insurance policies shall be written for not less than
the following limits of liability:
Commercial General Liability Insurance:
(a) Each occurrence limit: $1,000,000
(b) General Aggregate: $2,000,000
(c) Products/Completed Operations Aggregate: $2,000,000
(d) Personal and advertising Injury Limit: $2,000,000
Automobile Liability
$1,000,000 each accident on a combined single limit basis
Or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Auto", defined as autos
owned, hired and non -owned.
Workers' Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease - per each employee
$500,000 Bodily Injury/Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with
statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01
et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of
$100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and
$100,000 per disease per employee
8.2.9 Commercial General Liability Insurance may be arranged under a single policy for
the full limits required or by a combination of underlying policies and an excess of umbrella liability
policy. The policy shall contain a provisions that coverage will not be cancelled or not renewed
until at least thirty (30) days prior written notice has been given to the Owner. Certificates of
insurance showing required coverage to be in force shall be filed with the Owner prior to
commencement of the Construction Work. Products and completed operations insurance shall
be maintained for a minimum period of one year after the date of Substantial Completion.
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8.3 Professional Liability Insurance. The Design -Builder shall obtain or require its Design
Consultants to obtain professional liability insurance for claims arising out of the negligent
performance of the professional services required under this Agreement. The professional liability
insurance shall be written for an amount not less than $2,000,000 per claim and in the aggregate,
with a deductible amount not to exceed $50,000. Such coverage shall be maintained for a period
of three (3) years following the date of final completion.
8.4 Builder's Risk Insurance. The Design -Builder shall obtain and maintain All Risk
Builder's Risk insurance for the Construction Work required under this Agreement. This insurance
shall include as named insureds the Owner and the Design -Builder. This insurance shall include
all risk insurance for physical loss or damage including without duplication of coverage, at least:
theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, temporary
buildings, debris removal, testing, and demolition resulting from enforcement of any applicable
legal requirements.
8.5 Additional Insurance Requirements.
8.5.1 The Owner, its officers, employees and servants shall be endorsed as an
additional insured on Contractor's insurance policies excepting employer's liability insurance
coverage under Contractor's workers' compensation insurance policy.
8.5.2 Certificates of insurance shall be delivered to the City of Fort Worth, contract
administrator in the respective department as specified in the bid documents, 1000 Throckmorton
Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project.
8.5.3 Any failure on part of the Owner to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
8.5.4 Each insurance policy shall be endorsed to provide the Owner a minimum thirty
days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A
ten days notice shall be acceptable in the event of non-payment of premium.
8.5.5 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.
8.5.6 Deductible limits, or self -funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the Owner.
8.5.7 Other than worker's compensation insurance, in lieu of traditional insurance,
Owner may consider alternative coverage or risk treatment measures through insurance pools or
risk retention groups. The Owner must approve in writing any alternative coverage.
8.5.8 Workers' compensation insurance policy(s) covering employees employed on the
project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the
Owner.
8.5.9 Owner shall not be responsible for the direct payment of insurance premium costs
for contractor's insurance.
8.5.10 Contractor's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self -funded or commercial coverage maintained by Owner
shall not be called upon to contribute to loss recovery.
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8.5.11 In the course of the project, Contractor shall report, in a timely manner, to Owner's
officially designated contract administrator any known loss occurrence which could give rise to a
liability claim or lawsuit or which could result in a property loss.
8.5.12 Contractor's liability shall not be limited to the specified amounts of insurance
required herein.
8.5.13 Upon the request of Owner, Contractor shall provide complete copies of all
insurance policies required by these contract documents.
8.6 Bonds and Other Performance Securitv.
8.6.1 The Design -Builder shall provide Payment, Performance Bonds and Builders Risk
Insurance in the amount of the GMP. The Design -Builder shall be required to furnish bonds as
follows. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas
Government Code, as amended. In order for a surety to be acceptable to the Owner, it must meet
the requirements of V. A. T. S. Insurance Code, art. 7.19-1.
8.6.2 If the total Lump Sum Price as reduced by the cost of the design services is in excess
of $50,000, a Payment Bond shall be executed in the amount of the contract solely for the
protection of all claimants supplying labor and material in the prosecution of the work.
8.6.3 If the total Lump Sum Price as reduced by the cost of the design services is in excess
of $100,000, a Performance Bond shall be executed in the amount of the contract conditioned
on the faithful performance of the work in accordance with the plans, specifications, and contract
documents. Said bond shall solely be for the protection of the Owner.
8.6.4 No sureties will be accepted by the Owner that are at the time in default or
delinquent on any bonds or which are interested in any litigation against the Owner. Should any
surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given
to the contractor to that effect and the contractor shall immediately provide a new surety
satisfactory to the Owner.
E:�d�7► �L[�%13�OI LY11 � OEM [s] WiTfIf d: MYL6101,�:Y+���1►�i _� �► [+Y_�_�_[�1►��_\�i�E
8.7.1 Definitions:
8.7.1.1 Certification of coverage ("certificate"). A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-
81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance
coverage for the person's or entity's employees providing services on a project, for the duration
of the project.
8.7.1.2 Duration of the project includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and accepted by
the governmental entity.
8.7.1.3 Persons providing services on the project ("sub -contractor" in §406.096) includes
all persons or entities performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted directly with the contractor
and regardless of whether that person has employees. This includes, without limitation,
independent contractors, subcontractors, leasing companies, motor carriers, owner operators,
employees of any such entity, or employees of any entity which furnishes persons to provide
services on the project. "Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other services related to a project.
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"Services" does not include activities unrelated to the project, such as food/beverage vendors,
office supply deliveries, and delivery of portable toilets.
8.7.2 Design Builder shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) or all employees of the Design -Builder
providing services on the project, for the duration of the project.
8.7.3 Design Builder must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
8.7.4 If the coverage period shown on the Design -Builder's current certificate of
coverage ends during the duration of the project, the Design -Builder must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
8.7.5 The Design -Builder shall obtain from each person providing services on a project,
and provide the governmental entity:
8.7.5.1 A certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
8.7.5.2 No later than seven days after receipt by the Design -Builder, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current certificate
of coverage ends during the duration of the project.
8.7.6 The Design -Builder shall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
8.7.7 The Design -Builder shall notify the governmental entity in writing by certified mail
or personal delivery, within ten (10) days after the Design -Builder knew or should have known„
of any change that materially affects the provision of coverage of any person providing services
on the project.
8.7.8 The Design -Builder shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Worker's Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a person
may verify coverage and report lack of coverage.
8.7.9 The Design -Builder shall contractually require each person with whom it contracts
to provide services on a project, to:
8.7.9.1 Provide coverage, based on proper reporting on classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the
duration of the project;
8.7.9.2 Provide to the Design -Builder, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
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8.7.9.3 Provide the Design -Builder, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
8.7.10 Obtain from each other person with whom it contracts, and provide to the Design -
Builder:
8.7.10.1 Provide a certificate of coverage, prior to the other person beginning work on the
project; and
8.7.10.2 A new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project.
8.7.11 Retain all required certificates of coverage on file for the duration of the project and
for one year thereafter.
8.7.12 Notify the governmental entity in writing by certified mail or personal delivery, within
ten (10) days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
8.7.13 Contractually require each person with whom it contracts, to perform as required
by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they
are providing services.
8.7.14 By signing this contract or providing or causing to be provided a certificate of
coverage, the Design -Builder is representing to the governmental entity that all employees of the
Design -Builder who will provide services on the project will be covered by worker's compensation
coverage for the duration of the project, that the coverage will be based on proper reporting of
classification codes and payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of
Self -Insurance Regulation. Providing false or misleading information may subject the Design -
Builder to administrative, criminal, civil penalties or other civil actions.
8.7.15 The Design -Builder's failure to comply with any of these provisions is a breach of
contract by the Design -Builder which entitles the governmental entity to declare the contract void
if the Design -Builder does not remedy the breach within ten days after receipt of notice of breach
from the governmental entity.
8.7.16 The Design -Builder shall post a notice on each project site informing all persons
providing services on the project that they are required to be covered, and stating how a person
may verify current coverage and report failure to provide coverage. This notice does not satisfy
other posting requirements imposed by the Texas Worker's Compensation Act or other Texas
Worker's Compensation Commission rules. This notice must be printed with a title in at least 30
point bold type and text in at least 19 point normal type, and shall be in both English and Spanish
and any other language common to the worker population. The text for the notices shall be the
following text, without any additional words or changes:
"REQUIRED WORKER'S COMPENSATION COVERAGE
The law requires that each person working on this site or providing services related to
this construction project must be covered by workers' compensation insurance. This
includes persons providing, hauling, or delivering equipment or materials, or providing
labor or transportation or other service related to the project, regardless of the identity
of their employer or status as an employee."
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Call the Texas Worker's Compensation Commission at (512) 440-3789 to receive
information on the legal requirement for coverage, to verify whether your employer has
provided the required coverage, or to report an employer's failure to provide coverage".
ARTICLE 9 - SUSPENSION AND TERMINATION OF THE AGREEMENT
9.1 Suspension by the Owner for Convenience. Owner may order Design -Builder in
writing to suspend, delay or interrupt all or any part of the Work without cause for such period of
time as the Owner may determine to be appropriate for its convenience without additional
compensation to the Design -Builder. To the extent the time for performance of the Construction
Work is impacted by such suspension, delay or interruption an equitable adjustment shall be
made in the Contract Price and/or Contract Time. No adjustment shall be made if the Design -
Builder is or otherwise would have been solely responsible for the suspension, delay or
interruption of the Construction Work, or if another provision of this Agreement is applied to render
an equitable adjustment.
9.2 Termination by the Owner for Cause.
9.2.1 If Design -Builder persistently fails to perform any of its obligations under this
Agreement and fails within seven days after receipt of written notice from Owner of such failure
to commence and continue correction of such failure, then the Owner may undertake to perform
such obligations. The costs incurred by the Owner in performing such obligations may be
deducted from the Contract Price.
9.2.2 If Design -Builder fails to cure upon seven (7) days' written notice to Design -Builder
and Design -Builder's surety, Owner may, after seven days following receipt by the Design -Builder
of an additional written notice, terminate this Agreement for any of the following reasons:
9.2.2.1 If Design -Builder persistently utilizes improper materials and/or inadequately
skilled workers;
9.2.2.2 If Owner receives notice that the Design -Builder has not made proper payment to
laborers, material suppliers or Sub -contractors, provided that the Owner has fully paid to the
Design -Builder in accordance with the terms of this Agreement, the payment sought by such
laborers, material suppliers or Sub -contractor; or
9.2.2.3If Design -Builder persistently fails to abide by the orders, regulations, rules,
ordinances or laws of governmental authorities having jurisdiction; or
9.2.2.4 If Design -Builder is in breach of any other requirement of the Contract Documents.
9.2.3 Owner may terminate this Agreement for cause if Design -Builder files a petition
under the Bankruptcy Code, and Design -Builder or the Design -Builder's trustee rejects the
Agreement or, if there has been a default, the Design -Builder is unable to give adequate
assurance that Design -Builder will perform as required by this Agreement or otherwise is unable
to comply with the requirements for assuming this Agreement under the applicable provisions of
the Bankruptcy Code.
9.2.4 In the event the Owner exercises its rights under Subparagraph 9.2.1 9.2.2 or
9.2.3, upon the request of the Design -Builder, the Owner shall provide a detailed accounting of
the obligations or work of the Design -Builder performed by Owner and the cost incurred by the
Owner in performing such obligations or work.
9.3 Termination by the Owner Without Cause. If Owner terminates this Agreement
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other than as set forth in paragraph 9.2, then Owner shall pay Design -Builder for all work
completed as of the termination date (including any withheld retainage), plus all proven losses,
costs or expenses incurred in connection with demobilization and termination of the Construction
Work. Design -Builder shall not be entitled to any compensation for lost or anticipated profits.
9.4 Termination by the Desiqn-Builder.
9.4.1 Upon seven (7) days' written notice to the Owner, the Design -Builder may
terminate this Agreement for any of the following reasons:
a) if the Owner suspends the Work for sixty (60) days;
b) if the Owner fails to furnish reasonable evidence that sufficient funds are available and
committed for the entire cost of the Project; or
c) if the Owner has for thirty (30) days failed to pay the Design -Builder pursuant to
Subparagraph 6.2.
9.4.2 Upon termination by the Design -Builder in accordance with paragraph 9.4.1, the
Design -Builder shall be entitled to recover payment from the Owner as if the Owner had
terminated this Agreement under paragraph 9.3. Design -Builder shall not be entitled to any
compensation for lost or anticipated profits.
ARTICLE 10 — BUSINESS EQUITY FIRM PROVISIONS
All proposers shall note that the City Council -approved Business Equity Ordinance #25165-10-
2021 (Chapter 20, Article X of the Fort Worth Code of Ordinances, as amended) was adopted to
ensure the full and equitable participation of Business Equity Firms ("certified minority- and
women -owned business enterprises (M/WBEs)) in the procurement of services valued at
$100,000 or more. This design -build project will consist of two separate diverse goals that will be
addressed independently of one another.
The Business Equity Goal for Professional Services is 18.90% . A separate Business Equity
Goal of 25% will be applicable for the construction services (subcontractors, suppliers, etc.) upon
receipt of the GMP.
Firms providing responses to a Design -Build SOQ shall state the Firm's intent to provide
opportunities to Business Equity Firms and provide a written response to demonstrate the Firm's
past history of engaging certified M/WBEs. It is acceptable to document individual team members'
historical engagement of certified M/WBEs where the members are part of a firm created
specifically to provide a response to an SOQ. A response submitted hereto will be part of the
SOQ evaluation.
Firms which are subsequently qualified and invited to submit a response to a Design -Build
SOQ/RFP shall comply as described herein.
All proposals shall include a Business Equity Utilization Plan to address the business equity
commitment goal. At a minimum, the Plans must provide:
BUSINESS EQUITY FIRM (CERTIFIED MBE OR WBE) COMMITMENT
The company name, address, point of contact, email address, office and fax telephone
numbers of the business equity firms; primes, subcontractors and suppliers, if known;
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■ Identification and detailed description of the work to be performed by each business equity
firm;
■ The tier level, i.e. 1st 2na 3�d etc. (if other than 1st tier, the plan must clearly identify the
firm name and tier from whom the business equity firm will be receiving payment)
■ The prime or sub -contract value or percentage of the GMP construction cost for each
phase of work identified for each business equity participant;
■ State the business equity firm percentage level of commitment achieved; and
■ Provide the same identification information for all non-M/WBE participants
In regards to the business equity firm diverse goal, all proposals shall include a detailed
explanation of the steps it plans to implement in order to address the business equity diverse goal
and must state the level of commitment it will achieve. The proposal must also include the name
of the individual(s) that will be responsible for implementing the plan, reporting on the status of
the certified M/WBE commitment achievement and performing liaison duties to the City as it
relates to all business equity firm issues during the completion of this project.
Only the certified M/WBE subcontractors and suppliers that perform a commercially useful
function may count towards the M/WBE diverse goal. If the Design -Build construction firm is
certified as an MBE or WBE firm, it is permissible to count itself or its subsidiary -owned
companies towards the established goal: the goal represents prime and subcontracting
opportunities.
Proposers must obtain a certified M/WBE listing from the City of Fort Worth's Office of Business
Diversity at httDs://www.fortworthtexas.aov/departments/diversitv-inclusion/business-eauitv or
email DVIN BEOffice(@fortworthtexas.aov or call (817) 392-2674 for assistance. This will ensure
that Design -Build firms are acknowledging M/WBE firms currently certified by the North Central
Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier
Development Council (D/FW MSDC) and the Women's Business Council Southwest (WBCS);
certifying agencies accepted by the City of Fort Worth. These firms must be certified at the time
proposals are submitted, in order for the participation to be counted towards the established
diverse goals. The firms must be located in the City's six (6) county geographic marketplace that
includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise.
After a Design -Build firm is selected and the City issues a notice to proceed, the implementation
of the Business Equity Utilization Plan will commence for the performance of all major elements
of the Work.
Proposers responding to Design -Build SOQ and/or RFP will receive a rating of PASS or FAIL
contingent on the Firm's ability to provide opportunities to M/WBEs and provide a written response
to demonstrate the Firm's past history of engaging M/WBEs appropriately detailed for each
respective part of the process. Failure to include responsive statements or plans regarding
Business Equity Utilization or to address the M/WBE commitment shall render the
Proposer a "Fail" which is the equivalent of "non -responsive" under the Ordinance.
ARTICLE 11 -MISCELLANEOUS
11.1 Notices. All notices required to be given under this Agreement shall be deemed delivered
when deposited in the United States mail, first class postage prepaid, addressed to the recipient
at:
EC Build LLC
301 Commerce Street
Fort Worth, TX 76102
Design -Build Page 22 of 32
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CITY OF FORT WORTH
Architectural Services Manager
Property Management Department
100 Fort Worth Trail
Fort Worth, TX 76102
11.2 Conflict in Terms. In the event there is a conflict between the terms of this Agreement,
and any other Contract Document, the terms of this Agreement shall control over the other
Contract Documents.
11.3 Governinq Law. The laws of the State of Texas shall govern this Agreement and the
parties agree that any suit arising out of or relating to this Agreement shall be exclusively in
Tarrant County, Texas.
11.4 IMMIGRATION NATIONALITY ACT
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall
verify the identity and employment eligibility of all employees who perform work under this
Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all employees,
and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation
for each employee who performs work under this Agreement. Vendor shall establish appropriate
procedures and controls so that no services will be performed by any employee who is not legally
eligible to perform such services. Vendor shall provide City with a certification letter that it has
complied with the verification requirements required by this Agreement. Vendor shall indemnify
City from any penalties or liabilities due to violations of this provision. City shall have the right to
immediately terminate this Agreement for violations of this provision by Vendor.
11.5 No Bovcott of Israel
If Contractor has fewer than 10 employees or the Agreement is for less than $100,000, this section
does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, 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 Agreement, Contractor certifies that Contractor's
signature provides written verification to City that Contractor: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the Agreement.
11.6 No Waiver of Performance. The failure of either the Owner or the Design -Builder to
insist, in any one or more instances, on the performance of any of the terms, covenants or
conditions of this Agreement, or to exercise any rights under this Agreement, shall not be
construed as a waiver or relinquishment of such term, covenant, condition or right with respect to
further performance.
11.7 Severabilitv. The partial or complete invalidity of any one or more provisions to this
Agreement shall not affect the validity or continuing force and effect of any other provision.
11.8 Prohibition on Bovcottina Enerav Companies. Vendor acknowledges that in
accordance with Chapter 2276 of the Texas Government Code, 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
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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 2276 of the Texas Government Code. To the extent that Chapter 2276 of
the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies
that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott
energy companies; and (2) will not boycott energy companies during the term of this Agreement.
11.9 Prohibition on Discrimination Aaainst Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government
Code, 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. To the extent that Chapter 2274 of the
Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies
that Vendor's signature provides written verification to the City that Vendor: (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.
11.10 Riqht to Audit.
11.10.1 Design -Builder agrees that Owner shall, until the expiration of three (3) 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 Design -Builder
involving transactions relating to this Agreement. Design -Builder agrees that the Owner
shall have access during normal working hours to all necessary Design -Builder facilities
and shall be provided adequate and appropriate workspace in order to conduct audits in
compliance with the provisions of this section. Owner shall give Design -Builder
reasonable advance notice of intended audits.
11.10.2 Design -Builder shall include in all its subconsultant agreements and subcontracts
hereunder a provision to the effect that the subconsultant and/or sub -contractor agree that
the Owner shall, until the expiration of three (3) 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 or sub -contractor involving
transactions to the sub -agreement, and further, that Owner shall have access during
normal working hours to all subconsultant or sub -contractor facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in compliance
with the provisions of this section. Owner shall give subconsultants or sub -contractors
reasonable advance notice of intended audits.
11.10.3 Design -Builder agrees to photocopy such documents as may be requested by
Owner, and further agrees to include such a provision in any subconsultant or sub -contractor
agreement. Owner agrees to reimburse for the cost of copies at the rate published in the
Texas Administrative Code in effect as of the time copying is performed.
11.10.4
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11.11 Additional Compensation Anywhere in this Agreement where Design -Builder maybe
entitled to additional compensation, the calculation to determine such additional compensation
shall not include any costs or expenses for any home -office overhead and expenses, and shall
be limited to the costs incurred at the Project site, examples of which include Project site trailer,
Project site utility costs, Project site supervision, Project Engineer (billed on hourly rate) and
Project Manager (based on hourly rate) and like Project site specific costs.
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This Agreement is made effective as of the date signed by the Assistant City Manager below.
ECBuild, LLC.
w� 1<41 , By: Ivan Kuncheff (Jul 18, 202 1 CDT)
Ivan Kuncheff
President
07/18/2025
APPROVAL RECOMMENDED:
By:
Marilyn Marvin
Director, Property Management Dept
APPROVED AS TO FORM AND LEGALITY:
By: Stephen Hines (Jul 24, 202511:03:20 CDT)
Stephen M. Hines
Sr. Assistant City Attorney
APPROVED:
CITY
1 /OF FORT WORTH
By: V oa, W44_�
va[ene vvasningion jiui L4, LULS 11:LL:33 l,u I )
Valerie Washington
Assistant City Manager
Date: 07/24/2025
d44ppp
4 FOR -
p!..doRECORDED: o 0
o�$
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Pva o=d
By:
Jannette Goodall 4 E kt-4
npaaoo
City Secretary
M&C 25-0447
M&C Date: 05/13/2025
The Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, Suite 107, Austin,
Texas, 78758, telephone (512) 305-9000, has jurisdiction over individuals licensed under the
Architects' Registration Law, Texas Civil Statutes, Article 249a.
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
reportiy &uireme"nt
By: _
Nikita Watts
Sr. Capital Projects Officer
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Design -Build Page 26 of 32
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CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or Contractors -
with Products -Completed Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily
injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or
the acts or omissions of those acting on your behalf:
A In the performance of your ongoing operations subject to such written contract; or
B In the performance of your work subject to such written contract, but only with respect to bodily injury or
property damage included in the products completed operations hazard, and only if:
1 The written contract requires you to provide the additional insured such coverage; and
2 This Coverage Part provides such coverage; and
C Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not
provide such additional insured with:
1 Coverage broader than what you are required to provide by the written contract; or
2 A higher limit of insurance than what you are required to provide by the written contract.
Any coverage granted by this Paragraph I shall apply solely to the extent permissible by law.
II If the written contract requires additional insured coverage under the 07-04 edition of CG2010 or CG2037, then
paragraph I above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily
injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or
the acts or omissions of those acting on your behalf:
A In the performance of your ongoing operations subject to such written contract; or
B In the performance of your work subject to such written contract, but only with respect to bodily injury or
property damage included in the products completed operations hazard, and only if:
1 The written contract requires you to provide the additional insured such coverage; and
2 This Coverage Part provides such coverage.
III But if the written contract requires:
A Additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-
01 edition of CG2037; or
B Additional insured coverage with "arising out of language;
then paragraph I above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily
injury, property damage or personal and advertising injury arising out of your work that is subject to such written
contract.
CNA75079XX (3-22)
Page 1 of 3
The Continental Insurance Co.
Insured Name: EWINGCOLE, INC.
Policy No: 6022749562
Endorsement No: 12
Effective Date: 01 / 01 / 2 0 2 5
Copyright CNA Al Rights Reserved.
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or Contractors -
with Products -Completed Operations Coverage Endorsement
IV But if the written contract requires additional insured coverage to the greatest extent permissible by law, then
paragraph I above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily
injury, property damage or personal and advertising injury arising out of your work that is subject to such written
contract.
V The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property
damage, or personal and advertising injury arising out of:
A The rendering of, or the failure to render, any professional architectural, engineering, or surveying services,
including:
1 The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; and
2 Supervisory, inspection, architectural or engineering activities; or
B Any premises or work for which the additional insured is specifically listed as an additional insured on another
endorsement attached to this Coverage Part.
VI Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to
add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this Coverage
Part:
Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named
insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written
contract requires the insurance provided by this policy to be:
1 Primary and non-contributing with other insurance available to the additional insured; or
2 Primary and to not seek contribution from any other insurance available to the additional insured.
But except as specified above, this insurance will be excess of all other insurance available to the additional insured.
VII Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL
LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of
the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1 Give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;
2 Send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation,
defense, or settlement of the claim; and
3 Make available any other insurance, and endeavor to tender the defense and indemnity of any claim to any other
insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part.
However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3
does not apply to other insurance under which the additional insured is a named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives
written notice of a claim from the additional insured.
CNA75079XX (3-22)
Page 2 of 3
The Continental Insurance Co.
Insured Name: EWINGCOLE, INC.
Policy No: 6022749562
Endorsement No: 12
Effective Date: 01 / 01 / 2 0 2 5
Copyright CNA Al Rights Reserved.
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or Contractors -
with Products -Completed Operations Coverage Endorsement
VIII Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to
add the following definition:
Written contract means a written contract or written agreement that requires you to make a person or organization an
additional insured on this Coverage Part, provided the contract or agreement:
A Was executed prior to:
1 The bodily injury or property damage; or
2 The offense that caused the personal and advertising injury;
for which the additional insured seeks coverage; and
B Is still in effect at the time of the bodily injury or property damage occurrence or personal and advertising
injury offense.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect
on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and
expires concurrently with said Policy.
CNA75079XX (3-22)
Page 3 of 3
The Continental Insurance Co.
Insured Name: EWINGCOLE, INC.
Policy No: 6022749562
Endorsement No: 12
Effective Date: 01 / 01 / 2 0 2 5
Copyright CNA Al Rights Reserved.
CNA CNA PARAMOUNT
Non -Contractor's Additional Insured Endorsement
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART
as follows.
1 ADDITIONAL INSUREDS
a WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs
A through H below whom a Named Insured is required to add as an additional insured on this Coverage Part
under a written contract or written agreement, provided such contract or agreement:
(1) is currently in effect or becomes effective during the term of this Coverage Part; and
(2) was executed prior to:
(a) the bodily injury or property damage; or
(b) the offense that caused the personal and advertising injury,
for which such additional insured seeks coverage.
b However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer
will not provide such additional insured with:
(1) a higher limit of insurance than required by such contract or agreement; or
(2) coverage broader than required by such contract or agreement, and in no event broader than that described
by the applicable paragraph A through H below.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
A Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or
organization's liability forbodily injury, property damage or personal and advertising injury arising out of:
1 such person or organization's financial control of aNamed Insured; or
2 premises such person or organization owns, maintains or controls while a Named Insured leases or
occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or
N demolition operations performed by, on behalf of, or for such additional insured.
B Co owner of Insured Premises
N
O
N A rn-MAinar of n nramicac rn-rnninarl by n Namarl Inaiwarl and rnvararl i inAnr Chic inci irnnra hi it nnly With racnnrf
to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner
of such premises.
C Grantor of Franchise
Any person or organization that has granted a franchise to a Named Insured, but only with respect to such
person or organization's liability for bodily injury, property damage or personal and advertising injury as
grantor of a franchise to the Named Insured.
D Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for
bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named
Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such
bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place
prior to the termination of such lease.
CNA74857XX (1-15) Policy No: 6022749562
Page 1 of 3 Endorsement No: 11
The Continental Insurance Co. Effective Date: 01/01/2025
Insured Name: EWINGCOLE, INC.
Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Non -Contractor's Additional Insured Endorsement
E Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily
injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use
of such land, provided that the occurrence giving rise to such bodily injury or property damage, or the offense
giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The
coverage granted by this paragraph does not apply to structural alterations, new construction or demolition
operations performed by, on behalf of, or for such additional insured.
F Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but
only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of
the ownership, maintenance or use of such part of the premises as are leased to the Named Insured, and
provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to
such personal and advertising injury takes place prior to the termination of such lease. The coverage granted
by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,
on behalf of, or for such additional insured.
G Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's
liability for bodily injury, property damage or personal and advertising injury arising out of the Named
Insured's ownership, maintenance, or use of a premises by a Named Insured.
The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition
operations performed by, on behalf of, or for such additional insured.
H State or Governmental Agency or Subdivision or Political Subdivisions — Permits
A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization,
but only with respect to such state or governmental agency or subdivision or political subdivision's liability for
bodily injury, property damage or personal and advertising injury arising out of:
1 the following hazards in connection with premises a Named Insured owns, rents, or controls and to which
this insurance applies:
a the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings,
canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk
vaults, street banners, or decorations and similar exposures; or
b the construction, erection, or removal of elevators; or
c the ownership, maintenance or use of any elevators covered by this insurance; or
2 the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf.
The coverage granted by this paragraph does not apply to:
a bodily injury, property damage or personal and advertising injury arising out of operations performed
for the state or governmental agency or subdivision or political subdivision; or
b bodily injury or property damage included within the products completed operations hazard.
With respect to this provision's requirement that additional insured status must be requested under a written
contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the
Named Insured to add the governmental entity as an additional insured.
CNA74857XX (1-15)
Page 2 of 3
The Continental Insurance Co.
Insured Name: EWINGCOLE, INC.
Policy No: 6022749562
Endorsement No: 11
Effective Date: 01 / 01 / 2 0 2 5
Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
N
Non -Contractor's Additional Insured Endorsement
2 ADDITIONAL INSURED PRIMARY AND NON CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE
The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to
add the following paragraph:
If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-
contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not
seek contribution from that other insurance. For the purpose of this Provision 2 , the additional insured's own
insurance means insurance on which the additional insured is a named insured.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect
on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and
expires concurrently with said Policy.
CNA74857XX (1-15)
Page 3 of 3
The Continental Insurance Co.
Insured Name: EWINGCOLE, INC.
Policy No: 6022749562
Endorsement No: 11
Effective Date: 01 / 01 / 2 0 2 5
Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART
as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement,
then that other endorsement controls with respect to such provision, and the changes made by this endorsement with
respect to such provision do not apply.
TABLE OF CONTENTS
1 Additional Insureds
2 Additional Insured Primary And Non Contributory To Additional Insured's Insurance
3 Additional Insured — Extended Coverage
4 Boats
5 Bodily Injury— Expanded Definition
6 Broad Knowledge of Occurrence/ Notice of Occurrence
7 Broad Named Insured
8 Contractual Liability — Railroads
9 Estates, Legal Representatives and Spouses
10 Expected Or Intended Injury — Exception for Reasonable Force
11 General Aggregate Limits of Insurance — Per Location
12 In Rem Actions
13 Incidental Health Care Malpractice Coverage
14 Joint Ventures/Partnership/Limited Liability Companies
15 Legal Liability — Damage To Premises
16 Liquor Liability
N
m
17 Medical Payments
m
a
N 18 Non owned Aircraft Coverage
0
0
19 Non owned Watercraft
20 Personal And Advertising Injury — Discrimination or Humiliation
21 Personal And Advertising Injury Contractual Liability
22 Property Damage — Elevators
23 Retired Partners, Members, Directors And Employees
24 Supplementary Payments
25 Unintentional Failure To Disclose Hazards
26 Waiver of Subrogation — Blanket
27 Wrap Up Extension: OCIP, CCIP or Consolidated (Wrap Up) Insurance Programs
CNA74858XX (1-15) Policy No: 6022749562
Page 1 of 18 Endorsement No: 6
The Continental Insurance Co. Effective Date: 01/01/2025
Insured Name: EWTNGCOLE, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
1 ADDITIONAL INSUREDS
a WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs
A through I below whom a Named Insured is required to add as an additional insured on this Coverage Part
under a written contract or written agreement, provided such contract or agreement:
(1) is currently in effect or becomes effective during the term of this Coverage Part; and
(2) was executed prior to:
(a) the bodily injury or property damage; or
(b) the offense that caused the personal and advertising injury,
for which such additional insured seeks coverage.
b However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer
will not provide such additional insured with:
(1) a higher limit of insurance than required by such contract or agreement; or
(2) coverage broader than required by such contract or agreement, and in no event broader than that described
by the applicable paragraph A through I below.
Any coverage granted by this endorsement shall apply only to the extent permissible by law.
A Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or
organization's liability for bodily injury, property damage or personal and advertising injury arising out of:
1 such person or organization's financial control of a Named Insured; or
2 premises such person or organization owns, maintains or controls while a Named Insured leases or
occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or
demolition operations performed by, on behalf of, or for such additional insured.
B Co owner of Insured Premises
A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect
to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner
of such premises.
C Engineers, Architects or Surveyors Engaged By You
An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily
injury, property damage or personal and advertising injury caused in whole or in part by the Named Insured 'a
acts or omissions, or the acts or omissions of those acting on the Named Insured 'a behalf:
a in connection with the Named Insured 'a premises; or
b in the performance of the Named Insured 'a ongoing operations.
But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage
or personal and advertising injury arising out of the rendering of or failure to render any professional services
by, on behalf of, or for the Named Insured, including but not limited to:
CNA74858XX (1-15)
Page 2 of 18
The Continental Insurance Co.
Insured Name: EWINGCOLE, INC.
Policy No: 6022749562
Endorsement No: 6
Effective Date: 01 / 01 / 2 0 2 5
Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
1 the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; or
2 supervisory, inspection, architectural or engineering activities.
D Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for
bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named
Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such
bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place
prior to the termination of such lease.
E Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily
injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use
of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense
giving rise to such personal and advertising injury takes place prior to the termination of such lease. The
coverage granted by this paragraph does not apply to structural alterations, new construction or demolition
operations performed by, on behalf of, or for such additional insured.
F Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but
only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of
the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that
the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal
and advertising injury, takes place prior to the termination of such lease. The coverage granted by this
paragraph does not apply to structural alterations, new construction or demolition operations performed by, on
behalf of, or for such additional insured.
G Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's
M liability for bodily injury, property damage or personal and advertising injury arising out of the Named
N
Insured 'a ownership, maintenance, or use of a premises by a Named Insured.
The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition
0
operations performed by, on behalf of, or for such additional insured.
N
O
H State or Governmental Agency or Subdivision or Political Subdivisions — Permits
A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but
only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily
injury, property damage or personal and advertising injury arising out of:
1 the following hazards in connection with premises a Named Insured owns, rents, or controls and to which
this insurance applies:
a the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings,
canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk
vaults, street banners, or decorations and similar exposures; or
b the construction, erection, or removal of elevators; or
c the ownership, maintenance or use of any elevators covered by this insurance; or
CNA74858XX (1-15) Policy No: 6022749562
Page 3 of 18 Endorsement No: 6
The Continental Insurance Co. Effective Date: 01/01/2025
Insured Name: EWINGCOLE, INC.
Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
2 the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf.
The coverage granted by this paragraph does not apply to:
a Bodily injury, property damage or personal and advertising injury arising out of operations performed
for the state or governmental agency or subdivision or political subdivision; or
b Bodily injury or property damage included within the products completed operations hazard.
With respect to this provision's requirement that additional insured status must be requested under a written
contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the
Named Insured to add the governmental entity as an additional insured.
I Trade Show Event Lessor
1 With respect to a Named Insured 'a participation in a trade show event as an exhibitor, presenter or displayer,
any person or organization whom the Named Insured is required to include as an additional insured, but only
with respect to such person or organization's liability for bodily injury, property damage or personal and
advertising injury caused by:
a the Named Insured's acts or omissions; or
b the acts or omissions of those acting on the Named Insured's behalf,
in the performance of the Named Insured's ongoing operations at the trade show event premises during the
trade show event.
2 The coverage granted by this paragraph does not apply to bodily injury or property damage included within
the products completed operations hazard.
2 ADDITIONAL INSURED PRIMARY AND NON CONTRIBUTORY TO ADDITIONAL INSUREDS INSURANCE
The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to
add the following paragraph:
If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-
contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not
seek contribution from that other insurance. For the purpose of this Provision 2 , the additional insured's own
insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding
anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess
of any other insurance available to such person or organization.
3 ADDITIONAL INSURED — EXTENDED COVERAGE
When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN
INSURED is amended to make the following natural persons Insureds.
If the additional insured is:
a An individual, then his or her spouse is an Insured;
b A partnership or joint venture, then its partners, members and their spouses are Insureds;
c A limited liability company, then its members and managers are Insureds; or
d An organization other than a partnership, joint venture or limited liability company, then its executive officers,
directors and shareholders are Insureds;
CNA74858XX (1-15)
Page 4 of 18
The Continental Insurance Co.
Insured Name: EWINGCOLE, INC.
Policy No: 6022749562
Endorsement No: 6
Effective Date: 01 / 01 / 2 0 2 5
Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only
with respect to their respective roles within their organizations.
Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for
additional coverage and restrictions applicable to spouses of natural person Insureds.
4 BOATS
Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled
Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or
Watercraft:
This exclusion does not apply to:
Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the
Named Insured's inspection or surveying work.
5 BODILY INJURY — EXPANDED DEFINITION
Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:
Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock,
mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical
injury, sickness or disease.
6 BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended
to add the following provisions:
A BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence,
offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a
partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the
above to give such notice.
B NOTICE OF OCCURRENCE
The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give
the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's
reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However,
the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the
Named Insured is aware that this insurance may apply to such occurrence, offense or claim.
7 BROAD NAMED INSURED
WHO IS AN INSURED is amended to delete its Paragraph 3 in its entirety and replace it with the following:
3 Pursuant to the limitations described in Paragraph 4 below, any organization in which a Named Insured has
management control:
a on the effective date of this Coverage Part; or
b by reason of a Named Insured creating or acquiring the organization during the policy period,
qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary,
contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have
CNA74858XX (1-15)
Page 5 of 18
The Continental Insurance Co.
Insured Name: EWINGCOLE, INC.
Policy No: 6022749562
Endorsement No: 6
Effective Date: 01 / 01 / 2 0 2 5
Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or
narrower than that provided by this insurance.
But this BROAD NAMED INSURED provision does not apply to:
(a) any partnership, limited liability company or joint venture; or
(b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part.
For the purpose of this provision, management control means:
A owning interests representing more than 50% of the voting, appointment or designation power for the
selection of a majority of the Board of Directors of a corporation; or
B having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or
sell property held by a trust.
4 With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3 above, this insurance
does not apply to:
a bodily injury or property damage that first occurred prior to the date of management control, or that first
occurs after management control ceases; nor
b personal or advertising injury caused by an offense that first occurred prior to the date of management
control or that first occurs after management control ceases.
5 The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names
or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to
employ.
8 CONTRACTUAL LIABILITY — RAILROADS
With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced
by the following:
Insured Contract means:
a A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies
any person or organization for damage by fire to premises while rented to a Named Insured or temporarily
occupied by a Named Insured you with permission of the owner is not an insured contract;
b A sidetrack agreement;
c Any easement or license agreement;
d An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a
municipality;
e An elevator maintenance agreement;
f That part of any other contract or agreement pertaining to the Named Insured's business (including an
indemnification of a municipality in connection with work performed for a municipality) under which the Named
Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person
or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or
agreement.
Paragraph f does not include that part of any contract or agreement:
CNA74858XX (1-15) Policy No: 6022749562
Page 6 of 18 Endorsement No: 6
The Continental Insurance Co. Effective Date: 01/01/2025
Insured Name: EWINGCOLE, INC.
Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; or
(b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or
damage;
(2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage
arising out of the insured's rendering or failure to render professional services, including those listed in (1)
above and supervisory, inspection, architectural or engineering activities.
9 ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES
The estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses of any
natural person Insured or living trust shall also be insured under this policy; provided, however, coverage is afforded
to such estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses only for
claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks
damages from marital community property, jointly held property or property transferred from such natural person
Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal
representative, or spouse outside the scope of such person's capacity or status as such, provided, however, that the
spouse of a natural person Named Insured, and the spouses of members or partners of joint venture or partnership
Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named
Insured's business.
10 EXPECTED OR INTENDED INJURY— EXCEPTION FOR REASONABLE FORCE
Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled
Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:
This insurance does not apply to:
Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not
apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.
11 GENERAL AGGREGATE LIMITS OF INSURANCE PER LOCATION
A A separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most the
Insurer will pay for the sum of:
1 All damages under Coverage A, except damages because of bodily injury or property damage included in
the products completed operations hazard; and
2 All medical expenses under Coverage C,
that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location.
Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Location General
Aggregate Limit of any other location.
B All:
1 Damages under Coverage B, regardless of the number of locations involved;
CNA74858XX (1-15) Policy No: 6022749562
Page 7 of 18 Endorsement No: 6
The Continental Insurance Co. Effective Date: 01/01/2025
Insured Name: EWINGCOLE, INC.
Copyright CNA AII Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
2 Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing
operations at a single location, except damages because of bodily injury or property damage included in
the products completed operations hazard; and
3 Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing
operations at a single location,
will reduce the General Aggregate Limit shown in the Declarations.
C For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE PER LOCATION Provision,
"location" means:
1 a premises the Named Insured owns or rents; or
2 a premises not owned or rented by any Named Insured at which the Named Insured is performing
operations pursuant to a contract or written agreement. If operations at such a location have been
discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs,
specifications or timetables, the location will still be deemed to be the same location.
For the purpose of determining the applicable aggregate limit of insurance, premises involving the same or
connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way
of a railroad shall be considered a single location.
D The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for
Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the
General Aggregate Limit, depending on whether the occurrence can be attributed solely to ongoing operations at
a particular location.
E When coverage for liability arising out of the products completed operations hazard is provided, any payments
for damages because of bodily injury or property damage included in the products completed operations
hazard, regardless of the number of locations involved, will reduce the Products -Completed Operations
Aggregate Limit shown in the Declarations.
F The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF
INSURANCE PER LOCATION Provision shall continue to apply as stipulated.
12 IN REM ACTIONS
A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for
the Named Insured, will be treated in the same manner as though the action were in personam against the Named
Insured.
13 INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE
Solely with respect to bodily injury that arises out of a health care incident:
A Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the Insuring Agreement is
amended to replace Paragraphs 1 b (1) and 1 b (2) with the following:
b This insurance applies to bodily injury provided that the professional health care services are incidental to
the Named Insured's primary business purpose, and only if:
(1) such bodily injury is caused by an occurrence that takes place in the coverage territory.
(2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will
be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence;
and
CNA74858XX (1-15)
Page 8 of 18
The Continental Insurance Co.
Insured Name: EWINGCOLE, INC.
Policy No: 6022749562
Endorsement No: 6
Effective Date: 01 / 01 / 2 0 2 5
Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
B Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled
Exclusions is amended to:
i add the following to the Employers Liability exclusion:
This exclusion applies only if the bodily injury arising from a health care incident is covered by other
liability insurance available to the Insured (or which would have been available but for exhaustion of its
limits).
ii delete the exclusion entitled Contractual Liability and replace it with the following:
This insurance does not apply to:
Contractual Liability
the Insured's actual or alleged liability under any oral or written contract or agreement, including but not
limited to express warranties or guarantees.
iii to add the following additional exclusions:
This insurance does not apply to:
Discrimination
any actual or alleged discrimination, humiliation or harassment, including but not be limited to claims based
on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual
orientation.
Dishonesty or Crime
Any actual or alleged dishonest, criminal or malicious act, error or omission.
Medicare/Medicaid Fraud
any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state
N or local governmental program.
m
M
Services Excluded by Endorsement
N
Any health care incident for which coverage is excluded by endorsement.
0
N C DEFINITIONS is amended to:
0
0
i add the following definitions:
Health care incident means an act, error or omission by the Named Insured's employees or volunteer
workers in the rendering of:
a professional health care services on behalf of the Named Insured or
b Good Samaritan services rendered in an emergency and for which no payment is demanded or received.
Professional health care services means any health care services or the related furnishing of food,
beverages, medical supplies or appliances by the following providers in their capacity as such but solely to
the extent they are duly licensed as required:
a Physician;
CNA74858XX (1-15) Policy No: 6022749562
Page 9 of 18 Endorsement No: 6
The Continental Insurance Co. Effective Date: 01/01/2025
Insured Name: EWINGCOLE, INC.
Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA
CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
b Nurse;
c Nurse practitioner;
d Emergency medical technician;
e Paramedic;
f Dentist;
g Physical therapist;
h Psychologist;
i Speech therapist;
j Other allied health professional; or
Professional health care services does not include any services rendered in connection with human clinical
trials or product testing.
ii delete the definition of occurrence and replace it with the following:
Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any
common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a
single occurrence;
iii amend the definition of Insured to:
a add the following:
the Named Insured 'a employees are Insureds with respect to:
(1) bodily injury to a co -employee while in the course of the co -employee's employment by the
Named Insured or while performing duties related to the conduct of the Named Insured's
business; and
(2) bodily injury to a volunteer worker while performing duties related to the conduct of the
Named Insured's business;
when such bodily injury arises out of a health care incident.
the Named Insured 'a volunteer workers are Insureds with respect to:
(1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the
Named Insured's business; and
(2) bodily injury to an employee while in the course of the employee's employment by the Named
Insured or while performing duties related to the conduct of the Named Insured 'a business;
when such bodily injury arises out of a health care incident.
b delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2 a (1) of WHO IS AN INSURED.
D The Other Insurance condition is amended to delete Paragraph b (1) in its entirety and replace it with the
following:
Other Insurance
CNA74858XX (1-15) Policy No: 6022749562
Page 10 of 18 Endorsement No: 6
The Continental Insurance Co. Effective Date: 01/01/2025
Insured Name: EWINGCOLE, INC.
Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
b Excess Insurance
(1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer
instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased
specifically by the Named Insured to be excess of this coverage.
14 JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES
A Past Joint Ventures, Partnerships, Limited Liability Companies
The following is added to WHO IS AN INSURED:
If the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint
venture, partnership or limited liability company terminated prior to or during the policy period, such Named
Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but
only to the extent that:
a any offense giving rise to personal and advertising injury occurred prior to such termination date, and the
personal and advertising injury arising out of such offense, first occurred after such termination date;
b the bodily injury or property damage first occurred after such termination date; and
c there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture
or limited liability company.
If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap up)
insurance program, then such insurance will always be considered valid and collectible for the purpose of
paragraph c above. But this provision will not serve to exclude bodily injury, property damage or personal and
advertising injury that would otherwise be covered under the Architects, Engineers And Surveyors General
Liability Extension Endorsement provision entitled WRAP UP EXTENSION: OCIP, CCIP, OR
CONSOLIDATED (WRAP UP) INSURANCE PROGRAMS. Please see that provision for the definition of
consolidated (wrap up) insurance program.
B Participation In Current Professional Joint Ventures
The following is added to WHO IS AN INSURED:
The Named Insured is also an Insured for participation in a current joint venture that is not named on the
Declarations, but only if such joint venture meets all of the following criteria:
a Each and every one of the Named Insured's co -venturers are architectural, engineering or surveying firms
only; and
b There is no other valid and collectible insurance purchased specifically to insure the joint venture.
However, the Named Insured is an Insured only for the conduct of such Named Insured 'a business within such
a joint venture. The Named Insured is not insured for liability arising out of the acts or omissions of other co -
venturers, nor of their partners, members or employees.
C WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following:
Except as provided under this Architects, Engineers And Surveyors General Liability Extension
Endorsement or by the attachment of another endorsement (if any), no person or organization is an Insured with
respect to the conduct of any current or past partnership, joint venture or limited liability company that is not
shown as a Named Insured in the Declarations.
CNA74858XX (1-15)
Page 11 of 18
The Continental Insurance Co.
Insured Name: EWINGCOLE, INC.
Policy No: 6022749562
Endorsement No: 6
Effective Date: 01 / 01 / 2 0 2 5
Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
15 LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED
INSURED'S CARE, CUSTODY OR CONTROL
A Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete exclusion j Damage to Property in its entirety and replace it with the following:
This insurance does not apply to:
j Damage to Property
Property damage to:
(1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you,
or any other person, organization or entity, for repair, replacement, enhancement, restoration or
maintenance of such property for any reason, including prevention of injury to a person or damage to
another's property;
(2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any
part of those premises;
(3) Property loaned to the Named Insured;
(4) Personal property in the care, custody or control of the Insured;
(5) That particular part of real property on which the Named Insured or any contractors or subcontractors
working directly or indirectly on the Named Insured's behalf are performing operations, if the property
damage arises out of those operations; or
(6) That particular part of any property that must be restored, repaired or replaced because your work was
incorrectly performed on it.
Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to
premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of
the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer
consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described
in LIMITS OF INSURANCE.
Paragraph (2) of this exclusion does not apply if the premises are your work.
Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack
agreement.
Paragraph (6) of this exclusion does not apply to property damage included in the products completed
operations hazard.
Paragraphs (3) and (4) of this exclusion do not apply to property damage to:
i tools, or equipment the Named Insured borrows from others, nor
ii other personal property of others in the Named Insured 'a care, custody or control while being used in the
Named Insured 'a operations away from any Named Insured 'a premises.
However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to:
a property at a job site awaiting or during such property's installation, fabrication, or erection;
b property that is mobile equipment leased by an Insured;
CNA74858XX (1-15) Policy No: 6022749562
Page 12 of 18 Endorsement No: 6
The Continental Insurance Co. Effective Date: 01/01/2025
Insured Name: EWINGCOLE, INC.
Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
c property that is an auto, aircraft or watercraft;
d property in transit; or
e any portion of property damage for which the Insured has available other valid and collectible
insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its
exclusions.
A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE
as amended below.
B Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete its last paragraph and replace it with the following:
Exclusions c through n do not apply to damage by fire to premises while rented to a Named Insured or
temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of
premises rented to a Named Insured for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE.
C The following paragraph is added to LIMITS OF INSURANCE:
Subject to 5 above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any
one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other
personal property of others in the Named Insured's care, custody or control, while being used in the Named
Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property
damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but
not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the
Named Insured will promptly reimburse the Insurer for any such amount.
D Paragraph 6, Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by
the following:
6 Subject to Paragraph 5 above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit
is the most the Insurer will pay under Coverage A for damages because of property damage to any one
premises while rented to the Named Insured or temporarily occupied by the Named Insured with the
permission of the owner, including contents of such premises rented to the Named Insured for a period of 7
or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of:
a $500,000; or
b The Damage To Premises Rented To You Limit shown in the Declarations.
E Paragraph 4 b (1)(a)(1111) of the Other Insurance Condition is deleted and replaced by the following:
(ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by
the Named Insured with the permission of the owner; or for personal property of others in the Named
Insured 'a care, custody or control;
16 LIQUOR LIABILITY
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete the exclusion entitled Liquor Liability.
This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an
additional insured on this Coverage Part.
CNA74858XX (1-15)
Page 13 of 18
The Continental Insurance Co.
Insured Name: EWINGCOLE, INC.
Policy No: 6022749562
Endorsement No: 6
Effective Date: 01 / 01 / 2 0 2 5
Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
17 MEDICAL PAYMENTS
A LIMITS OF INSURANCE is amended to delete Paragraph 7 (the Medical Expense Limit) and replace it with the
following:
7 Subject to Paragraph 5 above (the Each Occurrence Limit), the Medical Expense Limit is the most the
Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one
person. The Medical Expense Limit is the greater of:
(1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or
(2) the amount shown in the Declarations for Medical Expense Limit.
B Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace
Paragraph 1 a (3)(b) with the following:
(b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and
18 NON OWNED AIRCRAFT
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended as follows:
The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following:
This exclusion does not apply to an aircraft not owned by any Named Insured, provided that:
1 the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United
States of America or Canada, designating that person as a commercial or airline transport pilot;
2 the aircraft is rented with a trained, paid crew to the Named Insured; and
3 the aircraft is not being used to carry persons or property for a charge.
19 NON OWNED WATERCRAFT
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and
replace it with the following.
This exclusion does not apply to:
(2) a watercraft that is not owned by any Named Insured, provided the watercraft is:
(a) less than 75 feet long; and
(b) not being used to carry persons or property for a charge.
20 PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION
A Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort:
Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.
B Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled
Exclusions is amended to:
1 delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following:
CNA74858XX (1-15) Policy No: 6022749562
Page 14 of 18 Endorsement No: 6
The Continental Insurance Co. Effective Date: 01/01/2025
Insured Name: EWINGCOLE, INC.
Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
This insurance does not apply to:
Knowing Violation of Rights of Another
Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act
would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not
apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but
only if such discrimination or humiliation is not done intentionally by or at the direction of:
(a) the Named Insured; or
(b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a
limited liability company) of the Named Insured.
2 add the following exclusions:
This insurance does not apply to:
Employment Related Discrimination
discrimination or humiliation directly or indirectly related to the employment, prospective employment, past
employment or termination of employment of any person by any Insured.
Premises Related Discrimination
discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental,
lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured.
Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity
because of discrimination.
The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION
Provision does not apply to any person or organization whose status as an Insured derives solely from
Provision 1 ADDITIONAL INSURED of this endorsement; or
attachment of an additional insured endorsement to this Coverage Part.
21 PERSONAL AND ADVERTISING INJURY CONTRACTUAL LIABILITY
A Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled
Exclusions is amended to delete the exclusion entitled Contractual Liability.
B Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY LIMITED
CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled
SUPPLEMENTARY PAYMENTS — COVERAGES A AND B:
1 Paragraph 2 d is replaced by the following:
d The allegations in the suit and the information the Insurer knows about the offense alleged in such suit
are such that no conflict appears to exist between the interests of the Insured and the interests of the
indemnitee;
2 The first unnumbered paragraph beneath Paragraph 2 f (2)(b) is deleted and replaced by the following:
So long as the above conditions are met, attorney's fees incurred by the Insurer in the defense of that
indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred
CNA74858XX (1-15)
Page 15 of 18
The Continental Insurance Co.
Insured Name: EWINGCOLE, INC.
Policy No: 6022749562
Endorsement No: 6
Effective Date: 01 / 01 / 2 0 2 5
Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed
to be damages for personal and advertising injury and will not reduce the limits of insurance.
C This PERSONAL AND ADVERTISING INJURY LIMITED CONTRACTUAL LIABILITY Provision does not apply
if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this
Coverage Part.
This PERSONAL AND ADVERTISING INJURY CONTRACTUAL LIABILITY Provision does not apply to any
person or organization who otherwise qualifies as an additional insured on this Coverage Part.
22 PROPERTY DAMAGE — ELEVATORS
A Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of
the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.
B Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the
Other Insurance conditions is amended to add the following paragraph:
This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other
basis that is Property insurance covering property of others damaged from the use of elevators.
23 RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES
WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors
or employees, but only for bodily injury, property damage or personal and advertising injury that results from
services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to
employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision.
24 SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows:
A Paragraph 1 b is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000.
limit; and
B Paragraph 1 d is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a
$1,000. limit.
25 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named
Insured 'a Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.
26 WAIVER OF SUBROGATION BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to
add the following:
The Insurer waives any right of recovery the Insurer may have against any person or organization because of
payments the Insurer makes for injury or damage arising out of:
1 the Named Insured 'a ongoing operations; or
2 your work included in the products completed operations hazard.
However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in
a written contract or written agreement, and only if such contract or agreement:
CNA74858XX (1-15)
Page 16 of 18
The Continental Insurance Co.
Insured Name: EWINGCOLE, INC.
Policy No: 6022749562
Endorsement No: 6
Effective Date: 01 / 01 / 2 0 2 5
Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
1 is in effect or becomes effective during the term of this Coverage Part; and
2 was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the
claim.
27 WRAP UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP UP) INSURANCE PROGRAMS
Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any
construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap up)
insurance program by applicable state statute or regulation.
If the endorsement EXCLUSION — CONSTRUCTION WRAP UP is attached to this policy, or another exclusionary
endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance
Programs (C.C.I.P.) is attached, then the following changes apply:
A The following wording is added to the above -referenced endorsement:
With respect to a consolidated (wrap up) insurance program project in which the Named Insured is or was
involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as
damages because of:
1 Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured 'a
ongoing operations at the project, or during such operations of anyone acting on the Named Insured's
behalf; nor
2 Bodily injury or property damage included within the products completed operations hazard that arises
out of those portions of the project that are not residential structures.
B Condition 4 Other Insurance is amended to add the following subparagraph 4 b (1)(c):
This insurance is excess over:
(c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available
to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap up)
insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap up)
insurance program.
C DEFINITIONS is amended to add the following definitions:
Consolidated (wrap up) insurance program means a construction, erection or demolition project for which the
prime contractor/project manager or owner of the construction project has secured general liability insurance
covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled
Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.).
Residential structure means any structure where 30% or more of the square foot area is used or is intended to
be used for human residency, including but not limited to:
1 single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit
developments; and
2 the common areas and structures appurtenant to the structures in paragraph 1 (including pools, hot tubs,
detached garages, guest houses or any similar structures).
However, when there is no individual ownership of units, residential structure does not include military housing,
college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also
does not include hospitals or prisons.
CNA74858XX (1-15)
Page 17 of 18
The Continental Insurance Co.
Insured Name: EWINGCOLE, INC.
Policy No: 6022749562
Endorsement No: 6
Effective Date: 01 / 01 / 2 0 2 5
Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
This WRAP UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP UP) INSURANCE PROGRAMS Provision
does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect
on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and
expires concurrently with said Policy.
CNA74858XX (1-15)
Page 18 of 18
The Continental Insurance Co.
Insured Name: EWINGCOLE, INC.
Policy No: 6022749562
Endorsement No: 6
Effective Date: 01 / 01 / 2 0 2 5
Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission.
DNA
1
Business Auto Policy
Policy Endorsement
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:
SCHEDULE
Name of Additional Insured Person Or Organization
ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN
AGREEMENT TO NAME AS AN ADDITIONAL INSURED.
1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the
person or organization scheduled above is an insured under this policy.
2. The insurance afforded to the additional insured under this policy will apply on a primary and
non-contributory basis if you have committed it to be so in a written contract or written agreement
executed prior to the date of the "accident" for which the additional insured seeks coverage under this
policy.
All other terms and conditions of the policy remain unchanged
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective
date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.
Form No: CNA71527XX (10-2012)
Endorsement Effective Date: Endorsement Expiration Date:
Endorsement No: 14; Page: 1 of 1
Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606
Policy No: BUA 6022749576
Policy Effective Date: 01 /01 /2025
Policy Page: 78 of 107
° Copyright CNA All Rights Reserved.
DNA Business Auto Policy
Policy Endorsement
1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below.
Named Insured: EWINGCOLE, INC
Endorsement Effective Date: 01 /01 /2025
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT
OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR
TO LOSS.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or
organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident"
or the "loss" under a contract with that person or organization.
Form No: CA 04 44 10 13
Endorsement Effective Date: Endorsement Expiration Date:
Endorsement No: 2; Page: 1 of 1
Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606
Policy No: BUA 6022749576
Policy Effective Date: 01 /01 /2025
Policy Page: 48 of 107
° Copyright Insurance Services Office, Inc., 2011
DNA Workers Compensation And Employers Liability Insurance
Policy Endorsement
1
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover
from under a written contract or agreement.
The premium charge for the endorsement is reflected in the Schedule of Operations.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another
effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy
unless another expiration date is shown below.
Form No: WC 00 03 13 (04-1984)
Endorsement Effective Date: Endorsement Expiration Date:
Endorsement No: 4; Page: 1 of 1
Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606
Policy No: WC 6 45446546
Policy Effective Date: 01 /01 /2025
Policy Page: 69 of 112
Copyright 1983 National Council on Compensation Insurance.
H v A
BLANKET WAIVER OF OUR RK
Workers Compensation And Employers Liability Insurance
Policy Endorsement
This endorsement changes the policy to which it is attached.
It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two -
Employers' Liability Insurance H. Recovery From Others are amended by adding the following:
We will not enforce our right to recover against persons or organizations. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
PREMIUM CHARGE - Refer to the Schedule of Operations
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for
California exposure. The amount is 0%.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another
effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy
unless another expiration date is shown below.
Form No: G-19160-B (11-1997) Policy No: WC 6 45446563
Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 01 /01 /2025
Endorsement No: 3; Page: 1 of 1 Policy Page: 37 of 50
Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St,
Chicago, IL 60606
° Copyright CNA All Rights Reserved.
M&C Review
Page 1 of 2
A CITY COUNCIL AGEND
Create New From This M&C
DATE: 5/13/2025 REFERENCE **M&C 25- LOG NAME: 21 DOWNTOWN LIBRARY
NO.: 0447 DESIGN BUILD CONTRACT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 9) Authorize Execution of a Design -Build Contract with ECBuild, LLC, in an Amount of
$6,000,000.00 to Design and Renovate the Downtown Library, Adopt Appropriation
Ordinances, Amend the Fiscal Year 2025 Adopted Budget and Amend the Fiscal Years
2025-2029 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
Official site of the City of Fort Worth, Texas
FORT WORTII
1. Authorize execution of a design -build contract with ECBuild, LLC, in an amount of $6,000,000.00 including a 7.5\% owner's construction contingency allowance
the Downtown Library project (City Project No. 106133);
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Fund in an amount of $9,472,519.00 from the Fisca
Fund assigned fund balance from the sale of the central library, for the purpose of transferring to the General Capital Projects Fund for the Downtown Library pi
106133);
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Capital Projects Fund in an amount of $9,472,519.0
Fiscal Year 2024 General Fund assigned fund balance, for the purpose of funding the Downtown Library project (City Project No. 106133); and
4. Amend the Fiscal Year 2025 Adopted Budget and the Fiscal Years 2025-2029 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor & Council Communication (M&C) is to authorize the execution of a design -build contract with ECBuild, LLC, in an amount of $6,000,000.00 whicl
owner's construction contingency allowance, to design and renovate the Downtown Library formally known as the Center for Transforming Lives located at 512 W 4th Streel
approximately 31,537-square-foot, historic -designated six -story office building located in the Fort Worth Central Business District. The land and improvements will provide L
programming in a downtown, central location.
Based on past experience, staff determined that the design -build method of project delivery provided the City with the most expedient means of completion for this project.
Qualifications was advertised in the Fort Worth Star -Telegram on October 3, 2024 and October 10, 2024. The City of Fort Worth received six (6) proposals from design-bui
2024. These teams were:
ECBuild, LLC
Batson Cook Construction
FPI Builders LLC
Byrne Construction Services
Fransen Pittman
HIM MF Ltd. dba Muckleroy
A selection team composed of members of the Library Department and Property Management Department carefully reviewed these submittals and after discussion and scc
to establish a short list of three qualified teams as shown in the table below. Interviews were conducted on December 19, 2024.
Interview Scores
Firms Experience
Technical Competence
Capability to Perform
Capability to Perform Community
Engagement
Fee Proposals
TOTAL
ECBuild,
Fransen
Batson
LLC
Pittman
Cooke
18
18
I 15
20
20
20
24
23
20
25 I
22
I 15
10
8
9
97
91
79
After ranking the proposals and conducting interviews, the selection team recommends that City authorize the execution of a design -build contract with ECBuild, LLC.
This project will be done over multiple phases. The budget below represents programming and design of the entire building and construction for Phase I:
PROJECT COST Amount
Design Build Cost (Including 7.5\% Owners Construction $6,000,000.00
Contingency Allowance)
Staff Time, Materials Testing, IT, Security, Fixtures $3,472,519.00
Furnishings and Equipment (FF&E), Contingency, etc.
Total Project Cost 1 $9,472,519.001
As part of the Fiscal Year 2024 year-end process, the City Manager assigned $56,507,497.00 from the Fiscal Year 2024 fund balance to address future capital shortfalls an
as authorized by Mayor and Council (M&C) 25-0003. This assigned amount exceeds the General Fund reserve requirements and is composed of the following sources: $9,
of library property residuals, $14,627,444.00 from capital project shortfalls funded by the remaining assigned fund balance from FY2023, $7,690,534.00 from FY2024 budg(
$24,717,000.00 from one-time interest earnings.
This action in the M&C will amend the Fiscal Year 2025 Adopted Budget, as approved in connection with Ordinance 27107-09-2024. Funding for this project was not includ,
Capital Improvement Program due to cost overruns resulting from inflation and rising construction expenses. This M&C action will also amend the FY2025-2029 Capital Imr
approved in connection with Ordinance 27107-09-2024.
Approval of this M&C will reduce the Assigned Fund Balance for library capital projects as follows:
Original 80CIQUIO 121SF 4550 80SYCAMORE
General Fund Amount 25- M&C 25-0003 VASQUEZ PARK VILLAGE CREEK PARK PHASE II This M
0003 PHASEI CONSTRUCTION SETTLEMENT CONSTRUCTION
Assigned Fund Balance
Fund Balance Set Aside for Capital Shortfalls $47,034,978.00 ($1,500,000.00) ($3,450,000.00) ($1,000,000.00)
Fund Balance Set Aside for Library Capital Projects $9,472,519.00 ($9,472,
Total Assigned Fund Balance $56,507,497.00
The action in this M&C will amend the Fiscal Year (FY) 2025 Adopted Budget as approved in connection with Ordinance 27107-09-2024.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33309&councildate=5/13/2O25 7/21/2025
M&C Review
Page 2 of 2
Fund / Department I FY 2025 Budget Change Revised FY 2025
Budget Category Authority
9 9 ry Adopted Budget (Increase/Decrease) Budget
[Expenditures
Transfer to Capital Fund This M&C Rec 2 $9,472,519.00 $9,472,519.001
1 $9,472,519.00 $9,472,519.001
Funding for this project was not included in the FY2025-2029 Capital Improvement Program because design -build firm had not been identified. The action in this M&C will a
Library's contribution to the FY 2025-2029 Capital Improvement Program as approved in connection with Ordinance 27107-09-2024, as follows:
Capital Fund Name Project Name Existing Authority Additional I Project Total
Appropriations Appropriations
F301 — General 106133 — $0.00 This M&C Rec $9,472,519.00 $9,472,519.00
Capital Projects Downtown 3
Fund Library
Project Total $0.00 $9,472,519.00I $9,472,519.001
Funding is available for appropriation from the General Fund assigned fund balance to execute this contract within the General Capital Project Fund. As part of the Fiscal Y
from the proceeds of the central library sale were set aside for future library capital needs, and an available fund balance from the General Fund was assigned for this conti
Waiver of Building Permits - In accordance with the City Code of Ordinances, Part II, Chapter 7-1 Fort Worth Building Administrative Code, Section 109.2.1, Exception 2;
personnel on property under the control of the City of Fort Worth shall be exempt from the permit fees only if the work is for action under a contract that will be or has been
with notes in the contract packages stating the fee is waived." IRPC Plan Review Fees and other associated Development Fees will also be waived for this project.
Diversity and Inclusion Business Equity Office — The City's Business Equity goal on this Design/Build project is 18.90\% on design phase, and 25\% on construction ph.
agreed/committed to utilize 18.90\% business equity participation on the design phase, and ECBuild, LLC, has committed to 25\% business equity participation on the cons
Business Equity goal on the construction percentage can be adjusted once GMP has been finalized. Any changes in subcontractors will be reviewed by the Business Equit
This project is located in Council District 9.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the General Fund assigned fund balance and upon approval of the above recommendations and adopt
appropriation ordinances, funds will be available in the General Capital Projects Fund for the Downtown Library project to support the approval of the above recommendatic
contract. Prior to an expenditure being incurred, the Property Management and Library Departments have the responsibility of verifying the availability of funds.
TO
Fund I Department I Account Project Program I Activity I Budget I Reference # Amount
ID I ID I Year I (Chartfield 2)
FROM
Fund I Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manaaer's Office bv: Valerie Washington (6192)
Oriainatina Department Head: Marilyn Marvin (7708)
Brian Glass (8088)
Additional Information Contact: Lisa Alexander (2361)
Nikita Watts (2028)
ATTACHMENTS
21 DOWNTOWN LIBRARY DESIGN BUILD CONTRACT funds avail.docx (CFW Internal)
25-0002 (PMD 10-2024 106133 DB Downtown Librarv)CM-NS.odf (CFW Internal)
FID Table DOWNTOWN LIBRARY Desian Construction Appropriation CPN 106133.XLSX
(CFW Internal)
Form 1295 ECBuild.odf (CFW Internal)
Map Downtown Librarv.odf (CFW Internal)
ORD.APP 21 DOWNTOWN LIBRARY DESIGN BUILD CONTRACT 10100 AO(r2).docx
(Public)
ORD.APP 21 DOWNTOWN LIBRARY DESIGN BUILD CONTRACT 30100 AO(r3).docx
(Public)
SAM ECBUILD LLC.odf (CFW Internal)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33309&councildate=5/13/2O25 7/21/2025