Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 51125
CITY SECRETARY CONTRACT N0. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY"), and Pape-Dawson Engineers, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Renovation/Repair of Existing Pump Station at Meadowbrook Golf Course. Article I Scope of Services The Scope of Services is set forth in Attachment A. Article II Compensation and Term of Agreement A. The ENGINEER's compensation shall be in the amount up to $40,080.00 as set forth in Attachment B. B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. RECEIVED (2) The ENGINEER will issue monthly invoices for all work performed under this AOG20 2018 AGREEMENT. Invoices are due and payable within 30 days of receipt. MYOrFORTWORTff CaYSECRETARY City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Page 1 of 17 11.17.17 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 2 of 17 work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 3 of 17 indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 4 of 17 the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12- 2011, as amended), the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 5 of 17 directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 6 of 17 liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation — ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 7 of 17 c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 8 of 17 final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 9 of 17 changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 10 of 17 an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 11 of 17 of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/Installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 12 of 17 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 13 of 17 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; C.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 14 of 17 Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2270 of the City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 15 of 17 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 contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A- Scope of Services Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER Pape-Dawson Engineers, Inc. Fernando Costa Assistant City Manager Brandon O'Donald, P. E. Date: 8 /7�18 Vice President— Fort Worth Date: August 8, 2018 APPROVA By: Ricrd Zavala Dire or, Park and Recreation Department City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 16 of 17 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administratio of this contract, including ensuring all erfo mance and reporting requiremen Scott E. P n District S perintendent APPR VED O FORM AND LEGALITY By: Douglas W. Black AJJIJtQnt City Attorney ATTEST- Form 1295 No. ry J. K�'ys FORT k. M&C No.: /l�- City Secr M&C Date: U` 1E)CP5 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services OFFICIAL RECORD Revised Date:11.17.17 Page 17 of 17 CITY SECRETARY FT.WORTH,TX Mr.Scott Penn Meadowbrook Golf Course Pump Station June 28,2018 Page 3 of 7 Attachment A Scope of Services Pape-Dawson will provide professional services for the renovation of existing pump station at Meadowbrook Golf Course; services to include, but not limited to: 1) assessment of the current wet well for sedimentation of the pump area and structural stability; 2) assess existing pump station structure for safety, stability, and convenience; 3)design of new pump system to include utilities and mechanical necessary to optimize system performance with pumps designed to fit into current wet well access locations;4)replacement of"Z" pipe and mainline for 20 feet in both direction of the main tee fitting at the end of the "Z" pipe; and 5) design for site restoration such as turf re-establishment and damaged pavement. The current watering system is a three pump system (IOhp, 2-50hp), generating between 900-1100 GPM of emitted water.The new pump station and its operating mechanical parts are expected to exceed the current level of performance.Design documents to include, 1)proposed modifications to existing structure or replacement with,new pump house structure large enough to house all pumps w/immediate piping,electrical panels/controls and facilitate maintenance access(structure will not be temperature controlled, however should be weather tight with proper ventilation and fighting); and 2) new mechanical system necessary to supply existing irrigation system(to include but not limited to:pumps, valves,controllers,piping,electrical,etc.). Consultant Services: Pape-Dawson will be responsible for undertaking the following tasks: 1) COORDINATION AND DESIGN MANAGEMENT The Engineer will serve as the lead design consultant and project team manager.Items of work included in this task are: A) Perform comprehensive site analysis. B) Coordination of underwater site assessment of the wet well. C) Coordination and preparation of all hydrologic analysis and documents necessary to satisfy City iSWM and floodplain permitting requirements. D) Perform initial due diligence to determine utility services and City / Federal requirement needs (Ordinances, Codes, Building Permits, City Floodplain Permits, iSWM-integrated Storm Water Management Plan, US CORPS of Engineer Permits, etc.). E) Manage the project and direct the consulting team during the design phase. F) Communicate regularly with the City as needed. G) Attend meetings with City representatives to review the Schematic Design, Design Development,and the Construction Documents or 30%,60%, and 95%design review meetings. PfPAPE-DAWSON ENGINEERS Mr.Scott Penn Meadowbrook Golf Course Pump Station June 28,2018 Page 4 of 7 2) EXISTING CONDITIONS AND TOPOGRAPHIC SURVEY The Engineer will provide a topographic survey. The topographic survey will be a detailed ground survey showing existing above ground conditions, utilities, contours at one-foot (1 ') intervals,spot elevations physical features,single trees greater than four inches(4")in diameter in the vicinity of planned improvements. Datum will be tied to a benchmark or datum designated by the City. The Consultant will use the AutoCAD files to prepare an existing conditions and removal plan for the proposed development. 3) GEOTECHNICAL REPORT I SOILS INVESTIGATION(Not anticipated at this time) If needed, the Engineer will engage a third-party consultant to provide a geotechnical engineering services report. This work will consist of borings, quantity per engineer recommendations. The reports will provide recommendations for any required soil modification, pavement base preparation (concrete and/ or asphalt paving), structural slabs, footing designs and bridge abutments. 4) DESIGN DEVELOPMENT(50%) The Design Development phase will consist of the following tasks: A) Preparation of design development plans and specifications for demolition,new pump station building, all mechanical, and paving; and any permanent erosion controls measures necessary for stable creek/stream draw. B) Provide an opinion of probable cost based upon the design development plans. C) Design development plans and specifications should consider completed survey, any hydrologic analysis,site utilities,and structural design(geotechnical investigation). D) Meet with City representatives to present the design development design and to obtain design development comments. E) Finalize the design development package to reflect changes and comments determined by consensus at a meeting with City representatives. 5) CONSTRUCTION DOCUMENTS (95%) The Construction Document phase will consist of the following tasks: A) Preparation of final construction plans and specifications for pump station building,all mechanical, and paving; and any permanent erosion controls measures necessary for stable creek/stream draw. B) Provide an opinion of probable cost based upon the 100%construction documents. C) Provide final specifications and details on paving,drainage improvements and erosion control measures. D) Meet with City representatives to present the 100%construction documents. E) Finalize the 100% construction documents to reflect changes and comments determined by consensus at a meeting with City representatives. F) Submit 100% construction documents,in reproducible mylar format,to the City. G) Submit electronic copy of complete construction document sheet files to the City in their required format. FdPAPE-DAWSON ENGINEERS 0 4 Mr.Scott Penn Meadowbrook Golf Course Pump Station June 28,2018 Page 5 of 7 H) Upon final City approval of plan documents,consultant shall be responsible for posting plans and specs to City's Buzzsaw site for construction advertisement purposes. All advertisement and construction correspondence should be completed digitally through the Buzzsaw system.(ie.Amendments issued,plan clarifications, submittal approvals, etc.) FdPAPE-DAWSON ENGINEERS Mr.Scott Penn Meadowbrook Golf Course Pump Station June 28,2018 Page 6 of 7 Attachment B Fee Schedule for Services • Coordination and Design Management(includes diver to inspect intake) $11,880 • Existing Conditions and Topographic Surveys $ 1,920 • Design Development(50%) $ 9,500 • Construction Documents (95%) $ 8,750 • Final Documents $ 3,140 • Record Drawings $ 2,250 • Construction Observation (Limited to 3 visits) $ 2,640 Total: $40,080 PdPAPE-DAWSON ENGINEERS MEN ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Meadowbrook Golf Course— Pump House Renovation/Repair City Project No. 101307 <List any changes to the Standard Agreement> Article IV, K., (2), g.- modified from $25,000 to $200,000 Changed verbiage to Vl. D. (2) a.): CITY shall pay ENGINEER for all contracted services rendered and expenses incurred before termination and the cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product, City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 Mr.Scott Penn Meadowbrook Golf Course Pump Station June 28,2018 Page 7 of 7 Attachment D Project Design Schedule Anticipating a notice to proceed no later than July 31, 2018, we can meet the project design completion date of October 12, 2018 with the Project Design Schedule as follows: • Existing Conditions and Topographic Surveys Three(3) weeks • Design Development(50%) Three(3) weeks • Construction Documents(95%) Two(2) weeks • Final Documents One (1) week The remainder of the time scheduled to reach the October 12, 2018 date will be utilized for city review comments. PAPE-DAWSON �f ENGINEERS n0 Client#: 158373 PAPEDAWS DATE(MMIDD.YYYY) ACORD. CERTIFICATE OF LIABILITY INSURANCE 1,2212'018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Zachary Vacek USI Southwest PA,°NN E :713 490-4566 FA X Not: 713-490-4700 9811 Katy Freeway,Suite 500 EMAIL , zacha .vacek@usi.com Houston,TX 77024 713 490-0fi'00 INSURER(S)AFFORDING COVERAGE NAIC Y INSURER A.-SWOO InOurrnn CMP--Y 32603 INSURED INSURER B- Pape-Dawson Consulting Engineers,Inc. INSURER C- 2000 NW Loop 410 INSURER D• San Antonio,TX 78213-4540 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSLRANCE LISTED BELOW HAVE BEEN ISSJED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE SSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SGCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LIRA TYPE OF INSURANCE DDL UBA POLICY EFF POLICY EXP LIMITS POLICY NUMBER MWDDIYYYV MmamlyYYV COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 CLAIMS-MADE OCCUR A A T ENTEDn 5 MED EXP(Any one arson S PERSONAL a ADV INJURY $ GEN'L AGGREGATE L MIT APPLIES PER GENERAL AGGREGATE S PRO. POLICY JECT FJ IOC PRODUCTS COMPIOP AGG 5 OTHER. $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per amdenl) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE 5 AUTOS ONLY AUTOS ONLY S UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS MADE AGGREGATE 5 DEO I I RETENT' N S WORKERS COMPENSATION PER OTH AND EMPLOYERS'LIABILITY STHTF —••-- ANY PROPRETOR'PARTNERIEXECUTIVEY N E.L.EACH ACCIDENT OFFICER�MEMBER EXCLUDED? � N,A (Mandatory In NH) E.L.DISEASE EA EMPLOYEE If yyes,describe under DE RIPTi N F PERATIONS below E.L.DISEASE POLICY LIMIT 5 A Professional AEC9019254 2/28/2018 02/28/2019 $5,000,000 per claim Liability $5,000,000 annl aggr. claims made DESCRIPTION OF OPERATIONS:LOCATIONS I VEHICLES(ACORD 101.Additional Remarks Schedule,may be attached I1 more space Is required) "Supplemental Name" Pape-Dawson Consulting Engineers,Inc. Pape-Dawson Engineers,Inc. VRRSP Consultants,LLC,but only for Pape Dawson's legal liability arising out of Professional Services provided by VRRSP Consultants,LLC. CERTIFICATE HOLDER CANCELLATION City of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Transportation& Public Works ACCORDANCE VATH THE POLICY PROVISIONS. 8851 Camp Bowie West Blvd Fort Worth,TX 76116 AUTHORIZED REPRESENTATIVE —W--- ®1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S22358767/M22362389 JYCZP A V CERTIFICATE OF LIABILITY INSURANCE DATE(MMfOD1YYYY) 02/2a 2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Judy Summers NAME; The Bank of San Antonio Insurance Group.Inc we No Ett: (210;822.1571 FAX No: (2101822-6027 1900 NW Loop 410,Suite 200 E-MAIL SS. Judy.summers@thebankofsainsurance.com INSURERIS)AFFORDING COVERAGE NAIC 0 San Antonio TX 78213 INSURER A: Continental Insurance Co 35289 INSURED INSURER B; National Fire Ins.of Hartford 20478 PAPE DAWSON CONSULTING ENGINEERS,INC. INSURER C. American Casualty Co.of Reading PA 20427 PAPE-DAWSON ENGINEERS,INC INSURER D: 2600 NW LOOP 410 INSURER E: SAN ANTONIO TX 78213 INSURERF: COVERAGES CERTIFICATE NUMBER: CL1822011330 REVISION NUMBER: THIS IS TO CERTIFY THAT THE PO,ICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER;OD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR COND:T.ON OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ULATSR TYPE OF INSURANCE INSO WVO POUCYNUNBER POLICY MMMD EXP RLIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,OOD DAuIIQ CLAIMS-MADE ®OCCLR PREMISES(Ea occurrcnco S 500;000 MED EXP(Anv one person) S 15,000 A 5099445087 02/28/2018 02128/2D19 PERSONAL&ADV NJURY S 1,000,000 GEN'LAGGREGATF LIMIT APPLIES PER GENERAL AGGREGATE S 2,000,000 POL CY®JEPRCTO 2,000,000 LOC PRODUCTS•COMPlOP AGG 5 OTHER S AUTOMOBILE LIABILITY CEaOMBINED crJdentl SINGLE LIMIT S 1,000,000 a _ ANY ALTO BODILY INJURY(Per Denson) $ B OWNED SCHEDULED 5099445106 02/2612018 02/28/2019 BODILY INJURY(Per acadent) S AUTOS ONLY AUTOS HIRED NDN-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY Pcr acodentI S UMBRELLA LIAB OCCUR EACH OCCURRENCE S 10,000,000 A EXCESS LIAR CLAIMS-MADE 5099445123 02128/2018 02128/2019 AGGREGATE S 10,000,000 DED RETENTION S 10,000 S WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETORIPARTNEWEXECUTIVEEL EACH ACCIDENT S 1,000,000 C OFFICERNEMBEREXCLUDE07 NIA 5099445090 02/28/2018 0212812019 1,000,000 (Mandatory In NH) E L.DISEASE•EA EMPLOYEE S If yes.describe under 1,000,ODO DESCRIPTION OF OPERATIONS below E L.DISEASE-POL CY LIMIT 5 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES iACORD 101,Additional Remarks Schedule,may be attaehad It mora space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Fort Worth Transportation 8 Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 8851 Camp Bowie West Blvd AUTHORIZED REPRESENTATIVE Ft.Worth TX 76116 ©1968-2015 ACORD CORPORATION. All rights reserved. AC ORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 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 1. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B.below applies, 1, bodily Injury,property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract;or 2. bodily injury or property damage caused in whole or in part by your work and included in the products- completed operations hazard,and only if a. the written contract requires the Named Insured to provide the additional insured such coverage;and b. this coverage part provides such coverage. B. bodily injury,property damage, or personal and advertising injury arising out of your work described in such written contract,but only if- 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. 11. Subject always to the terms and conditions of this policy, including the limits of insurance,the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract;or B. a higher limit of insurance than required by the written contract g Ili. 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. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, _ the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary,excess,contingent or any other basis. However,if this insurance is required by written CNA75079XX (1-15) Policy No' 50994450187 Page 1 of 2 Endorsement No- 1.1 The Continental Insurance Co. Effective Date. 02/28/2018 Insured Name' PAPE DAWSON CONSULT-.NG ENG 1 NEERS, =NC. Ccpynghi CNA AA Rights Reserved Incudes copyrighted material of Insdrance Servres Office,Inc.,with Its perm ssron CASA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V. 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. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. 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 4. 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 (4) does not apply to insurance on 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. VI. 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 the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy;and B. 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. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. 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(1-15) policy No. 5099445087 Page 2 of 2 Endorsement No: 1_ The Continental Insurance Co. Effective Date: 02/28/2016 Insured Name, PAPE DAWSON CONSULTING ENGINEERS, INC. Copyright CNA All Rights Reserved includes copyrighted materia!of Insurance Services Office Inc.,with its permission CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSlCOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A CONTRACT OR AGREEMENw TO WAIVE SUCH RIGHTS OF RECOVERY, SUT ONLY IF SUCH CONTRACT OR AGREEMENT: 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 PERSCNAL AND ADVERTISING TNJURY GTVING RISE TO THE CLAIM. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your worts done under a contract with that person or organization and included in the products-completed operations hazard. All other terms and conditions of the Policy remain unchanged. Y 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. E i= is CNA75008XX (1-15) Policy No: 5099445067 Page 1 of 1 Endorsement No: 13 The Continental Insurance Co. Effective Date- 02/26/2018 Insured Name: PAPE DAWSON CONSULTING ENGINEERS, INC. Copyright CNA AD Rights Reserved Incudes copyrighted material of insurance Servsts office Inc.,vridt its permission. CNA CNA PARAMOUNT Changes - Notice of Cancellation or Material Restriction Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY--NEW YORK DEPARTMENT OF TRANSPORTATION SCHEDULE Number of days notice(other than for nonpayment of premium): 030 Number of days notice for nonpayment of premium: 10 Name of person or organization to whom notice will be sent: PER SCHEDULE ON FILE Address: PER SCHEDULE ON FILE PER SCHEDULE ON PILE XX 00000 If no entry appears above,the number of days notice for nonpayment of premium will be 10 days. It is understood and agreed that in the event of cancellation or any material restrictions in coverage during the policy period, the Insurer also agrees to mail prior written notice of cancellation or material restriction to the person or s organization listed in the above Schedule. Such notice will be sent prior to such cancellation in the manner prescribed In the above Schedule. s 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. GNA74702XX(1-15) Policy No 5099445087 Page 1 of 1 Endorsement No: 28 The Continental Insurance Co. Effective Date: 02/28/2018 Insured Name. PAPE DAWSON CONSULTING ENGINEERS, INC. copyright CNA Alt Rights Reserved POLICY NUMBER INSURED NAME AND ADDRESS C 5099545106 PAPE DAWSON CONSULTING ENGINEERS, INC. (SEE ENDT) 2000 NW LOOP 410 SAN ANTONIO, TX 78213 POLICY CHANGES CA2048 This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED BLANKET ANY PERSON OR ORGANIZATION THAT THE NAMED INSURED IS OBLIGATED TO PROVIDE. INSURANCE WHERE.. REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT IS AN INSURED, BUT ONLY WITH RESPECT TO LEGAL RESPONSIBILITY FOR ACTS OR OMISSIONS OF A PERSON OR ORGANIZATION FOR WHOM LIABILITY COVERAGE IS AFFORDED UNDER THIS POLICY. i Chalrman or the Board Secretary G-56015-B (ED. 11/91) POLICY NUMBER COMMERCIAL AUTO CA 0444 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) 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: PAPE DAWSON CONSULTING ENGINEERS, INC. (SEE £NDT) Endorsement Effective Date: 02/28/2018 SCHEDULE Names) 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 PR_OR 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' F or the "loss" under a contract with that person or organization. CA 04 4410 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 CNEd0X)CNA ( 213 NOTICE OF CANCELLATION OR MATERIAL CHANGE - DESIGNATED PERSON OR ORGANIZATION It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows' In the event of cancellation or material change that reduces or restricts the insurance provided by this Coverage Form,we agree to send prior notice of cancellation or material change to the person or organization scheduled below at the address scheduled below. This endorsement does not amend our obligation to notify the Named Insured of cancellation as described in the Common Policy Conditions or in another endorsement attached to this policy. SCHEDULE 1. Number of days advance notice: 10 Days if we cancel for non-payment of premium 30 Days if the policy is cancelled for any other reason,or if coverage is restricted or reduced by endorsement. 2. Person or Organization's Name and Address Name: PER SCHEDULE ON FILE Attention Street Address: City, State,ZIP: e-mail address: All other terms and conditions of the Policy remain unchanged. a n u r� r� -- CNA72315XX (02113) _ Policy No: Page 1 of 1 Endorsement No: Effective Date 02/28/2018 Insured Name PAPE DAWSON CONSULTING ENGINEERS, INC.. (SEE ENDT; Copyright CNA AD Rights Reserved. Workers Compensation And Employers Liability Insurance CNAPolicy Endorsement This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. n Specific Waiver Name of person or organization 0 Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas Operations 3. Premium: The premium charge for this endorsement shall be 2% percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Refer to 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 42 03 04 B f06.2014t Policy No WC 5 99445090 Endorsement Effectivo Date Endorsement Exp ration Date Policy Effective Date 0228/2018 Endorsement No. 7: Page 1 of 1 Pol'cy Page. 38 of 42 Underwriting Company American Casualty Contpnny of Reading, Pennsylvania 333 S Wabash Ave, Chicago. IL 60604 Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. Workers Compensation And Employers Liability Insurance CNAPolicy Endorsement In this part, "our manuals" means manuals approved or prescribed by the Texas Department of Insurance. C. Remuneration Number 2 is amended to read. 2. All other persons engaged in work that would make LIS liable under Part One (Workers Compensation Insurance) of this policy, This paragraph 2 will not apply if you give us proof that the employers of these persons ;awfully secured workers compensation insurance. E. Final Premium Number 2 is amended to read: 2. If you cancel, final premium will be calculated pro rata based on the time this policy was in force. Final premium will not be less than the pro rata share of the minimum premium. PART SIX—CONDITIONS A. Inspection is amended by adding this sentence: Your failure to comply with the safety recommendations made as a result of an inspection may cause the policy to be canceled by us. C. Transfer of Your Rights and Duties is amended to read: Your rights and duties under this policy may not be transferred without our written consent. If you die, coverage will be provided for your surviving spouse or your legal representative. This applies only with respect to their acting in the capacity as an employer and only for the workplaces listed in Items 1 and 4 on the Information Page. D. Cancelation is amended to read: 1. You may cancel this pol;cy. You must mail or deliver advance notice to us stating when the cancelation is to take effect. 2. We may cancel this policy. We may also decline to renew it. We must give you written notice of cancelation or nonrenewal. That notice will be sent certified mail or delivered to you in person. A copy of the written notice will be sent to the Texas Department of Insurance—Division of Workers' Compensation. 3, Notice of cancelation or nonrenewal must be sent to you not later than the 30th day before the date on which the cancelation or nonrenewal becomes effective, except that we may send the notice not later than the 10th day before the date on which the cancelation or nonrenewal becomes effective if we cancel or do not renew because of: a. Fraud in obtaining coverage; b. Misrepresentation of the amount of payroll for purposes of premium calculation; c. Failure to pay a premium when payment was due; d. An increase in the hazard for which you seek coverage that results from an action or omission and that would produce an increase in the rate, including an increase because of failure to comply with reasonable recommendations for loss control or to comply within a reasonable period with recommendations designed to reduce a hazard that is under your control; e. A determination by the Commissioner of Insurance that the continuation of the policy would place us in violation of the law, or would be hazardous to the interests of subscribers, creditors, or the general public. Form No WC 42 03 01 H (07-2016) Pol cy No WC 5 99445090 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 02128?2018 Endorsement No 5;Page 2 of 4 Policy Page. 34 of 42. Underwriting Company American Casualty Company of Reading.Pennsylvania, 333 S Wahssh Ave, Chicago, IL 60604 Copyright 2015 National Council on Compensation Insurance,Inc All Rights Reserved