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Contract 47998
jj REC EfVE'- JUL 18 W)l s W Y SECRETARY CRY OFF CONTRACT NO. qq CINSE CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Burgess & Niple, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: On-Call Design Services for the Extension of Westport Parkway. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be in the amount of $750,000.00 as set forth in Attachment B. 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. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services OFFICIAL RECORD Revised Date:9/24/2014 Page 1 of 16 CITY SECRETARY FT. WORTH, Tx (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 standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9124/2014 Page 2 of 16 (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 indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 3 of 16 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 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 4 of 16 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 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 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 5 of 16 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 insured 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 by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY 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 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 6 of 16 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 — the 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 delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 7 of 16 d. Any failure on part of the CITY to request required insurance documentation 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 final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 8 of 16 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. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 9 of 16 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 10 of 16 D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. 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 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 11 of 16 no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.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 will ensure that Builders Risk/Installation insurance is maintained 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:9/24/2014 Page 12 of 16 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 only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (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:9/24/2014 Page 13 of 16 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, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. City of Fort worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 14 of 16 I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. 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. K. 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. Form 1295 Certification No. 2016-25299 Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 15 of 16 r Executed and effective this the day ofi , 2016. BY: BY: CITY OF FORT WORTH ENGINEER Burgess & Niple, Inc. Jay Chapa Edwi J uccillo Assistant City Manager Vice President Date: 7—/S r If Date: (�- Z g• 20l APPR VAL RECOMMENDED: Dougla W. Wiersig, P.E. Director, Transportation & Public Works APPROVED AS TO FORM AND M&C No.: C-27759 LEGALITY aEi� — M&C Date: 6/7/2016 By: Douglas Black Assistant City Attorney ATTE : a J. Kayser City Secretary OFFICIAL RECORD City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services CITY SECRETARY Revised Date:9/24/2014 Page 16 of 16 FT. WORTH, TX M&C Review Page 1 of 2 Offida:site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRTMiT COUNCIL ACTION: Approved on 6/7/2016-Ordinance No. 22253-06-2016 DATE: 6/7/2016 REFERENCE NO.: C-27759 LOG NAME: 20WESTPORT PARKWAY CODE: C TYPE: CONSENT HEARING: NO SUBJECT: Authorize Execution of an Engineering Design Agreement with Burgess& Niple, Inc., for Design and Construction Administration Services of Westport Parkway and Alta Vista Drive Phases 1 and 2 in an Amount Not to Exceed $750,000.00 and Adopt Appropriation Ordinance(COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Westport Parkway Project of the Transportation Impact Fee Capital Projects Legacy Fund in the amount of $3,100,000.00 and reduce the fund balance in the Unspecified Center of the Service Area A Fund by the same amount; and 2. Authorize the execution of an Engineering Design Agreement with Burgess& Niple, Inc., for design and construction administration services of Westport Parkway and Alta Vista Drive Phases 1 and 2 in an amount not to exceed $750,000.00. (CPN 02706) DISCUSSION: This Mayor and Council Communication initiates two phases of improvements along Westport Parkway and Alta Vista Drive. Phase 1 will consists of design of the Westport Parkway extension (to be constructed in Phase 2) and design and construction of intersection improvements including a roundabout at the intersection of Westport Parkway and Alta Vista Drive and modify the existing intersection of Alta Vista Drive and Keller-Haslet Road to remove the northbound left turn lane and construct a center median and will include right-of-way acquisition for both phases of the proposed roadway improvements. Phase 2 will extend Westport Parkway southwest to the future intersection of North Beach Street at Keller-Haslet Road as identified in the City's Master Thoroughfare Plan. The recommended Engineering Design Agreement will provide design and construction administration services of Westport Parkway and Alta Vista Drive as described above. Burgess& Niple, Inc., was selected for this project on the basis of a request for qualifications (RFQ) advertised by Transportation and Public Works in early 2014. Firms were invited to submit their qualifications for performing engineering professional services based on a set of criteria regarding the design and construction of roadways and intersections. Burgess& Niple, Inc., met or exceeded the criteria set forth in the RFQ with their submittal. Project costs and funding sources for Phase 1 are anticipated to be as follows: Construction Phase Costs tease 1 Project Elements Impacf Fees 2014 Bondi Amount _Design Phase Costs $ 600,000.00 1 $ 150,000.00 $ 750,000.00 Property Acquisitions $1,500,000.00 $ 50,000.00 r $1,550,000.00 Construction Phase Costs $1,000,000.00 ($1,020,600.00 F$2,020,000.00 Project Management,Inspection,Contingencies(15 percent) _ $0.00 $ 430,000.00 F $ 430,000.00 r Total Anticipated Project Costs $3,100,000.00 I $1,65o,o00.0o r$4,750,000.00 The 2014 Bond currently provides$270,000.00 in appropriations for the project. This M&C will provide $3,100,000.00 in project funding from impact fees. Additional funding in the amount of$1,380,000.00 from http://apps.cfwnet.org/council_packet/mc review.asp?ID=21464&councildate=6/7/2016 6/8/2016 M&C Review Page 2 of 2 the 2014 Bond will be recommended at a later date to fully fund Phase 1 Improvements in the amount of $4,750,000.00. Funding for construction of Phase 2 Improvements is anticipated to be considered as part of the 2018 Bond Program. M/WBE OFFICE—Burgess & Niple, Inc., is in compliance with the City's BDE Ordinance by committing to 13 percent SBE participation. The City's SBE goal on this project is 13 percent. This project is located in COUNCIL DISTRICT 7, Mapsco 8P. FISCAL INFORMATIONXERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, funds will be available in the current budget, as appropriated of the Transportation Impact Fees Capital Projects Legacy Fund. Available Amount to Remaining Fund Name Revenue Appropriate Revenue Transportation Impact Fee Capital Projects Fund- Service Area A $5,418,000.00 $3,100,000.00 $2,318,000.00 TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID _ Year Chartfield 2 4 1 1 39008 _ 0200431 4413001 CO2706 C03980 $3,100,000.00 39008 1 0200431 CO2706 C03980 $3,100,000.0 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 1 39008 0200431 5330500 CO2706 C03930 $600,000.00 1 39008 0200431 4413001 UN9911 UN2300 $3,100,000.0 34014 0200431 5330500 CO2706 C03940 2016 14040204 $150,000.0 Submitted for City Manager's Office by: Jay Chapa (5804) Originatinq Department Head: Douglas Wiersig (6157) Additional Information Contact: Todd Estes (5448) ATTACHMENTS 20WESTPORT PARKWAY 39008 A016.docx Burgess and Niple Form 1295.pdf W 1 b 2 fZq S Westport MC Map.pdf http://apps.cfwnet.org/council_packet/mc rcview.asp?ID=21464&councildate=6/7/2016 6/8/2016 ATTACHMENT"A" Scope for On-Call Design Services for the Extension of Westport Parkway The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The objective of the projects completed under the Task Order agreement is to improve traffic operations and improve safety. Westport Parkway will be designed and constructed from Alta Vista Boulevard west to Keller-Haslet Road including a roundabout at Alta Vista and Westport Parkway, a roundabout at Westport Parkway and Ponderosa Ranch Road and intersection improvements to the intersection of Keller-Haslet and Alta Vista. Work under this agreement includes, but is not limited to, project management, data collection, topographic survey, right-of-way/easement services, subsurface utility engineering, permitting, geotechnical investigation, right-of-way documentation, operational analysis, design and contract documents for the construction of the designs and construction phase services. WORK TO BE PERFORMED ENGINEER hereby agrees to perform engineering services on a task order basis as may be requested by the CITY during the term of the AGREEMENT. Work under this agreement will be performed on a Work Authorization basis. The CITY will request services for each Work Authorization. The ENGINEER shall prepare scope, fee and schedule as necessary to perform the services requested for each Work Authorization within 10 working days of the CITY's request. Each Work Authorization shall include scope for services as Attachment "A". This scope will outline tasks required to complete the Work Authorization. For each task, the scope shall include a detailed description of the task, outline any assumptions and list the required deliverables. Each Work Authorization shall include Attachment "B" detailing the compensation for the Work Authorization. Compensation will be based upon hours agreed to by the CITY and the ENGINEER for each Work Authorization. Compensation will be based on the Schedule of Rates in Attachment "B" of this agreement. The fee will include an estimate of reimbursable and sub-consultant costs for each Work Authorization. Compensation for each Work Authorization shall be Hourly, Not To Exceed. If the Work Authorization requires a schedule, it shall be attached as Attachment "D". Each Work Authorization shall include Attachment "E" to identify the project location. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 1 of 1 ATTACHMENT B COMPENSATION Design Services for On-Call Design Services for the Extension of Westport Parkway City Project No. 02706 Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category 2016 Rate 2017 Rate $/hour ($/hour) Project Director $245.00 $254.00 Senior Project Manager $217.00 $225.00 Project Engineer $132.13 $137.00 Senior Designer $154.44 $160.00 Traffic Reviewer $225.00 $233.00 Senior Roadway Engineer $180.25 $187.00 Roadway Engineer $109.50 $114.00 Senior Traffic Engineer $225.00 $233.00 Engineer-In-Training $105.88 $110.00 Administrative Support $90.00 $94.00 ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility j Fee Amount Prime Consultant Burgess & Niple Civil Engineering $644,496 85.9% Proposed MBE/SBE Sub-Consultants Spooner &Assoc. Surveying $90,020 12.0% CMJ Engineering Geotechnical Engineering $7,484 1.0% Non-MBE/SBE Consultants Not Yet Identified Environmental Services $8,000 1.1% TOTAL $750,000 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE CPN 02706 Westport Parkway $750,000 $97,504 13.0% City MBE/SBE Goal = 13% Consultant Committed Goal = 13% Cfty of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 4 of 4 B-4 EXHIBIT"B-1" e @ C0 § § E i > uZ k \ ka k > 0 � )C k L 0. co � , ■ E k } R ) E ° ■ §ƒ E ! R £ a 2 m g $ Iak / ƒ E im f f 'a 0 (L k S. ! CL a ■ ! 0 IS k �$ &! 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No | §7 § ! | ■ * k / i� IL k ) !A 2 w f <0 k $ �k �k§) . � . � �m k7 � 3 2 ) w ■ g } § o e@e . �/0 I \ , ® � � • § a* & «k o Z © o § �£& � • & )-7 a e2- .. � ■ a - p ■�� - — - o � §2gE ■ok■� o aCL5 -U u G«���E & 67 EXHIBIT "B-2" ON�pp{{�pjp NNwyNNK pppp� m�lA ttpp ��yy O� N wRU �a 12 A W�wW W w r �K i9W MHWN W W N Y M F W• _U 0 f a v e a • rc o pS p c r N y w N e ~ • W W » » M N m C N Z C y G ° N m 000« N T J W N M NHN Nf<G W 10 N NH�•-HNw F� O1� w y N .-QNw M w Y F � O Q Q N CD ap O O a N C 0 •@ C O. W m O n K W .O Q i 0 ` m V N N O •N t° 00 O O O Y 0 ° Q N� � W Y Z 3 •rcw= m o� y Y N O O O W O d yN N d V � @ O O tNR Q tl[] N O a c.p •� m C O 6=i C l0 W P@ m m CJ Q C7 N O V W m N `P 1D Q C w y N N Q N�- o e._ aW ♦ OQ 00 QN(OQ �MM O ^ONQNNNN�- Q Nm NN a0 NCN,��O fD N lO ON =e 6 a� ac ro 0 0 o p Q • n � • S = •�Ld vmi 4 y� a � q a �$ = d -' Koy o CO '°_' • :`;° y • ,gym w a U cow, Tu o `° ° g. f Eat mE t5 la =dam m�E U� d 4N �=E cd�E -o ff w c =cyc _ mW Nom- 30 a � aRi, • • o .e o SOS o f�. -c m°._ £� �.O1a NmE•� m Fi�j u m' Z' $"n d• u U'c p?`c�nm�� ay-c•=8 r0;� E•=is�.4 Uo.� m'�S �U (c°J�<�� � � �¢m e=FpEa`�i Oa U JU C9 n=aa� - °o o L Gdc U a U d I f n ILL d U m m F m n J� wNMN Nt°r �NMQ N tp � • r-AR Y N[V p M M O Q O O ~ MM yGGG� V Q a B-8 EXHIBIT"B-2" N s Q mSS NMI mN mN M�� AS Oi p� fV OI�Q NNINOMNM(09S �N amD N ONO O 1� hl�pQQm t�t�NQ Q mm ��eyyOO ttppnn r ' w^'^N wNp'.r-WH ♦t9 M� NN^N V NOJ oG Qm l�m�02 O a �wjww" wNw N w Nww N NH m° N N b yF o C N N M w w N w w M §o MM ry pN .H S N H H K N aNN 7=J >>N Uuu W SU m�SS�'aina e F pO pp e rww ca m N W � Z � 9 e a Y K Y e r w w�°► ° w g S o 0 0 m qC N N q Y O d Z C p 8 ct O r AOm1NNS �Ombpi�OmpiNN QOMI� OWN OlpO rNN® p�H Q��HgHCO'1 ca J G ' �W QiH W w W�AKNN N wN Mew Nw m 3 O U N N Y r Ro 0 0 0 CL o Ye a w c r0 O � q as � � E �o zw ; �w 0 N � my W m � 5 RM m a a g m °v°Q °v°Q n ca Nm QQ m m N $ c � c c c� ip w a w` deba 0 o O o co Yi Q e� ap � o v v E r d v o v a sc y m m rn Y J - a m L u U a .Ti c E c ? c U a y y Z U Y o Y E g Y u t m t am o o m _€ Q m m m F p z 1.2 Y n_ CL c =mY�y oavKH. and c aei "N in8' _ Y Y o II = E o`o e Y c 2a c mrO cw Q¢ain of '�°aaav�Kii w 3t rn E Z a�" €a.c c�oaJ�. �� or r o._._m Y a co Y3 o m0 Ua a (r zr worms arnw�r�r ' r pm G 1 G N I 12 m m O D G G m o E U U;ppO m B-9 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT On-Call Design Services for the Extension of Westport Parkway City Project Number 02706 None City of Fort Worth,Texas Attachment C P:"0 Release Date:05.19.2010 Page I of 1 C-1 Consulting Contract Schedule Specifications FORT WORTH City of Fort Worth Capital Improvement Program Attachment D-Project Schedule This PROTECT requires a Tier 3 scliedule as defined herein and in the City's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: - Primavera(Version 6.1 or later or approved by CITY) - Primavera Contractor (Version 6.1 or later or approved by CITY) - Microsoft Project (Version 2003/2007 or later or approved by CITY)( 'RASING OU ') D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice-to-proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any,and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks,subtasks,and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities, key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points,including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following,if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, City of Fort Worth,Texas Attachment D PMO Release Date:02.15.2011 Page 1 of 2 • Other schedule-related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. City of Fort Worth,Texas Attachment D PMO Release Date:02.15.2011 Page 2 of 2 MAYOR AND COUNCIL COMMUNICATJ.ON MAP WESTPORT PARKWAY CITY PROJECT #02706 P . M :T- 0 1000 2000 4000 SCALE IN FEET N SIT E y, S FORT WO -H Copyright 2011 Cry of Fort Worth.Unsulhorm d ispodrellon n a Alabon d rn applicable ta .This proaud is for informational purposes ad mry riot have been _ prepmed for or be suitable tor 4pW engineering or wswymp pupoess n Sow not repesant an on•thoVound survey and retirements ony the appimx nvft 0"We - - localon of property bounder" The City of Fort Worth waumes no nepontabily for the accuracy of aald data BURG&NI-01 SHEMSHT ASR'® CERTIFICATE OF LIABILITY INSURANCE DATE(MYY) 6/27//201201Y6 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 NAME: Willis Towers Watson Certificate Center Willis of Pennsylvania,Inc. PHONE g77 945-7378 FAX ( ) CIO 26 Century Blvd IC No Et;( ) ac No: 888 467-2378 P.O.Box,TN 37 E-MAIL SS:Certificates @WillisTowersWatson.com Nashville,TN 37230-5191 INSURERS AFFORDING COVERAGE NAIL f INSURER A:National Union Fire Insurance Company of Pittsburgh 19445 INSURED INSURER B:North River Insurance Company 21105 Burgess&Niple,Inc. INSURER C:Continental Casualty Company 20443 5085 Reed Road INSURER D: Columbus,OH 43220 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MM/D MMIDD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 NT CLAIMS-MADE FK OCCUR GL 5268138 04/01/2016 04/0112017 PREMISES Ewa occurrence $ _ 500,00 MED EXP(Any one person) $ 25,00 PERSONAL&ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,0 POLICY JE T LOC PRODUCTS-COMP/OP AGG $ 2,000x00 OTHER: _ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 Ea accident A X ANY AUTO CA 4489627 04/01/2016 04/01/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROP DAMAGE $ HIRED AUTOS AUTOS Par. 0 _. s X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 15,000,00 B EXCESS LIAB CLAIMS-MADE 5811065487 0410112016 04/01/2017 AGGREGATE $ 15,000,00 DED FXTRETENTION$ 0 $PER WORKERS COMPENSATION X I STATUTE ERH AND EMPLOYERS'LIABILITY A ANY PROPRIETORIPARTNER/EXECUTIVE Y/N C 015893628 04/01/2016 04101/2017 E.L.EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? —L, N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEd$ 1.000,00 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional Liab. AEH008215011 04/01/2016 04/0112017 Each Claim/Aggregate 10,000,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached H more space is required) The umbrella policy does not sit excess over Professional Liability coverage. The City,It's officers,employees and servants are included as Additional Insureds as respects to General Liability and Auto Liability when required by written contract. General Liability,Auto Liability and Umbrella/Excess Liability policies shall be Primary and Non-contributory with any other insurance In force for or which may be purchased by Additional Insureds when required by written contract. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION __ T SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort worth AUTHORIZED REPRESENTATIVE Attn:Transportation&Public Works Dept. 1000Throckmorton "47` " 4„°y�ntw Fort Worth TX 76102 - ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:BURG&NI-01 SHETTYSHT LOC#: .a�RO' ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Willis of Pennsylvania,Inc. Burgess&Niple,Inc. 5085 Reed Road POLICY NUMBER Columbus,OH 43220 EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIvE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liabilft Insurance Description of Operations/LocationsNehicles: Waiver of Subrogation applies in favor of Additional Insureds with respects to General Liability,Auto Liability, Umbrella/Excess Liability and Workers Compensation when required by written contract and permitted by law. I ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT # This endorsement, effective 12:01 A.M. 04/01/2016 forms a part of Policy No.GL 526-81-38 issued to BURGESS & NIPLE, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holders)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer. the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to thelnsurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that thelnsurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. Authorized Representative 107414 (03/11) Page 1 ENDORSEMENT# This endorsement, effective 12:01 A.M. 04/01/2016 forms a part of Policy No.CA 448-96-27 issued to BURGESS & N I PLE, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other titan non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holders)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3_ the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice"] via e-mail to each such Certificate Holders within 30 days after the First Named Insured provides such information to the Insurer; provnlyd, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the l=ast Named Insured provides such Information to thelnsu►er. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that theinsurer has fully satisfied its obligations under this endorsement_ , This endorsenwnt does not affect, in any way, coverage provided under this policy or the i cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. I 1 he following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All othw terms, conditions and exclusions shall remain the same. uthnrized RRepWsentative 107414(03/11) Page 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 04101/2016 forms a part of Policy No. WC 015-89-3628 Issued to BURGESS & N I PLE, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE NAMED INSURED (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the insured first named employer in Item 1 of the Information Page of this policy. 2. Insurer means the insurance company shown in the header on the Information Page of this policy. All other terms, conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE WC 99 00 56 (Ed. 04/11) Professional Liability and Pollution Incident Liability Insurance ANA Policyholder Notice POLICYHOLDER NOTICE NOTIFICATION OF CJ!NCELLATION TO CERTIFICATE HOLDERS NOTIFICATION OF CANCELLATION TO CERTIFICATE HOLDERS • In the event this Policy is cancelled prior to its expiration date, for any reason other than non payment of premium, the Insurer shall provide to the broker of record, a blank schedule to be completed by the Insured or such broker, with the names and email addresses of any and all certificate holders to whom the Insured requests the Insurer provide notification of such cancellation ("notification"). Such schedule must be completed and returned to the Insurer within 5 business days of the broker's receipt. Upon the Insurer's receipt of the completed schedule, the Insurer shall endeavor to provide notification to those entities set out in such schedule. If the schedule is not returned to the Insurer within 5 business days the Insurer will not provide notification. The Insurer will assume that the schedule provided to the Insurer by the Insured or the broker is a complete and accurate list of certificate holders. Only those persons or entities listed on the schedule will receive notification. The Insurer will keep no other record of any certificate holders in the Insurer's file. • There will be no schedule provided and, consequently, no notification provided, if such cancellation is for non payment of premium. • Any notification by the Insurer to any party that is not the first Named Insured on the Policy is intended as a courtesy only. The Insurer's failure to provide such notification will not extend the Policy cancellation date, or negate cancellation of the Policy or be cause for legal action against the Insurer. 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. Farr No:CNA79045XX(09-2014) Policy No:AEH008215011 Endorsement Effective Dates 04/01/2016 Policy Effective Date:04/01/2016 Endorsement No:16; Page 1 of 1 Policy Page: 29 of 49 underwriting Company:Continental Casualty Company 333 S.Wabash Ave.,Chicago IL 60604 copyright Rights Reserved.