HomeMy WebLinkAboutContract 57908 CSC No. 57908
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 BGE, Inc., authorized to do business in Texas, ("ENGINEER"), for a
PROJECT generally described as: Park Vista — Keller Haslet to Timberland — Project No.
103281.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A. Negotiated changes to this
Agreement, if any, are included in Attachment C.
Article II
Compensation
The ENGINEER's compensation shall be in the amount up to $98,890.00 as set forth
in Attachment B. Payment shall be considered full compensation for all labor (including all
benefits, overhead and markups), materials, supplies, and equipment necessary to
complete the Services.
Engineer shall provide monthly invoices to City. The Engineer shall provide the City
sufficient documentation, including but not limited to meeting the requirements set forth in
Attachment D to this AGREEMENT, to reasonably substantiate the invoices.
Payments for services rendered shall be made in accordance with the Texas
Prompt Payment Act (Texas Government Code Ch. 2251).
Acceptance by Engineer of said payment shall release City from all claims or
liabilities under this Agreement for anything related to, performed, or furnished in
connection with the Services for which payment is made, including any act or omission of
City in connection with such Services.
Article III
Term
Time is of the essence. Unless otherwise terminated pursuant to Article VI. D.
herein, this Agreement shall be for a term beginning upon the effective date, as described
below, and shall continue until the expiration of the funds or completion of the subject
matter contemplated herein pursuant to the schedule, whichever occurs first. Unless
specifically otherwise amended, the original term shall not exceed five years from the
original effective date.
City of Fort Worth,Texas Park Vista OFFICIAL RECORD
Standard Agreement for Engineering Related Design Services
Revised Date:November23,2021 Page 1 of 15 CITY SECRETARY
FT. WORTH, TX
Article IV
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing under the same or similar circumstances and
professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could
affect the total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
City of Fort Worth,Texas Park Vista—Keller Haslet to Timberland
Standard Agreement for Engineering Related Design Services CPN 103281
Revised Date:November 23,2021
Page 2 of 15
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings in any manner it desires; provided, however,
that the ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the contract documents and any health or safety precautions
required by such construction work. The ENGINEER and its personnel have
no authority to exercise any control over any construction contractor or other
entity or their employees in connection with their work or any health or safety
precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that
the PROJECT, when completed, will be in accordance with the contract
documents, nor shall anything in the contract documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on-site observation(s) of a
deviation from the contract documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the contract documents.
City of Fort Worth,Texas Park Vista—Keller Haslet to Timberland
Standard Agreement for Engineering Related Design Services CPN 103281
Revised Date:November 23,2021
Page 3 of 15
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that
the CITY's actual PROJECT costs, financial aspects, economic
feasibility, or schedules will not vary from the ENGINEER's opinions,
analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the contract
documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are no other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
City of Fort Worth,Texas Park Vista—Keller Haslet to Timberland
Standard Agreement for Engineering Related Design Services CPN 103281
Revised Date:November 23,2021
Page 4 of 15
I. Business Equity Participation
City has goals for the full and equitable participation of minority business
and/or women business enterprises in City contracts greater than
$100,000. In accordance with the City's Business Equity Ordinance No.
25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in
Chapter 20, Article X of the City's Code of Ordinances, as amended, and any
relevant policy or guidance documents), the City has goals for the full and
equitable participation of minority business and/or women business
enterprises in City contracts greater than $100,000. Engineer acknowledges
the MBE and WBE goals established for this contract and its execution of this
Agreement is Engineer's written commitment to meet the prescribed MBE and
WBE participation goals. Any misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by the Engineer
may result in the termination of this Agreement and debarment from
participating in City contracts for a period of time of not less than three (3)
years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to reproduce such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of hard copies at the rate published in the Texas Administrative Code in
City of Fort Worth,Texas Park Vista—Keller Haslet to Timberland
Standard Agreement for Engineering Related Design Services CPN 103281
Revised Date:November 23,2021
Page 5 of 15
effect as of the time copying is performed.
K. INSURANCE
Engineer shall not commence work under this Agreement until it has
obtained all insurance required under Attachment F and City has approved
such insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY. The doctrine
of respondeat superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this
Agreement which the ENGINEER could not have been reasonably aware of,
the ENGINEER shall notify the CITY of such changes and an adjustment in
compensation will be made through an amendment to this AGREEMENT.
City of Fort Worth,Texas Park Vista—Keller Haslet to Timberland
Standard Agreement for Engineering Related Design Services CPN 103281
Revised Date:November 23,2021
Page 6 of 15
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
City of Fort Worth,Texas Park Vista—Keller Haslet to Timberland
Standard Agreement for Engineering Related Design Services CPN 103281
Revised Date:November 23,2021
Page 7 of 15
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of such
materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at the construction site,
and provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering services
performed. Only the CITY will be the beneficiary of any
undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
City of Fort Worth,Texas Park Vista—Keller Haslet to Timberland
Standard Agreement for Engineering Related Design Services CPN 103281
Revised Date:November 23,2021
Page 8 of 15
I. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
J. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
CITY and ENGINEER shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but shall
not be held liable for any delay or omission in performance due to force
majeure or other causes beyond their reasonable control, including, but not
limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters,
epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
City of Fort Worth,Texas Park Vista—Keller Haslet to Timberland
Standard Agreement for Engineering Related Design Services CPN 103281
Revised Date:November 23,2021
Page 9 of 15
D. Termination
(1) This AGREEMENT maybe terminated
a.) by the City for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Reasonable cost of reproduction or electronic storage of partial or
complete studies, plans, specifications or other forms of ENGINEER'S
work product;
b.) The reasonable time requirements for the ENGINEER'S personnel to
document the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all projected termination
expenses. The CITY'S approval shall be obtained in writing prior to
proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
F. Indemnification
The ENGINEER shall indemnify or hold harmless the CITY against
liability for any damage committed by the ENGINEER or ENGINEER's
agent, consultant under contract, or another entity over which the
ENGINEER exercises control to the extent that the damage is caused by
or resulting from an act of negligence, intentional tort, intellectual
City of Fort Worth,Texas Park Vista—Keller Haslet to Timberland
Standard Agreement for Engineering Related Design Services CPN 103281
Revised Date:November 23,2021
Page 10 of 15
property infringement, or failure to pay a subcontractor or supplier. CITY
is entitled to recover its reasonable attorney's fees in proportion to the
ENGINEER's liability.
G. Assignment
ENGINEER shall not assign all or any part of this AGREEMENT without the
prior written consent of CITY.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless
CITY and all of its officers, agents and employees from and against all
claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
K. Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel,
have reviewed and revised Agreement and that the normal rule of contract
construction, to the effect that any ambiguities are to be resolved against
the drafting party, must not be employed in the interpretation of Agreement
or any amendments or exhibits hereto.
City of Fort Worth,Texas Park Vista—Keller Haslet to Timberland
Standard Agreement for Engineering Related Design Services CPN 103281
Revised Date:November 23,2021
Page 11 of 15
The failure of CITY or ENGINEER to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted herein
shall not constitute a waiver of CITY's or ENGINEER's respective right to
insist upon appropriate performance or to assert any such right on any
future occasion.
L. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will be
performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD
CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the right
to immediately terminate this Agreement for violations of this provision by
ENGINEER.
M. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER unless a sole proprietor, acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or
more full time-employees and the contract value is $100,000 or more, the
City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company"
shall have the meanings ascribed to those terms in Section 808.001 of the
Texas Government Code. By signing this contract, ENGINEER certifies
that ENGINEER'S signature provides written verification to the City
that if Chapter 2271, Texas Government Code applies, ENGINEER: (1)
does not boycott Israel; and (2) will not boycott Israel during the term
of the contract.
N. Prohibition on Boycotting Energy Companies
City of Fort Worth,Texas Park Vista—Keller Haslet to Timberland
Standard Agreement for Engineering Related Design Services CPN 103281
Revised Date:November 23,2021
Page 12 of 15
ENGINEER acknowledges that in accordance with Chapter 2274 of the
Texas Government Code-(as added by Acts 2021, 87th Leg., R.S., S.B. 13,
§ 2), the CITY is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more, which will be paid wholly or
partly from public funds of the City, with a company (with 10 or more full-
time employees) unless the contract contains a written verification from the
company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms
"boycott energy company" and "company" have the meaning ascribed to
those terms by Chapter 2274 of the Texas Government Code (as added by
Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274
of the Government Code is applicable to this Agreement, by signing
this Agreement, ENGINEER certifies that ENGINEER's signature
provides written verification to the CITY that ENGINEER: (1) does not
boycott energy companies; and (2)will not boycott energy companies
during the term of this Agreement.
O. Prohibition on Discrimination Against Firearm and Ammunition
Industries
ENGINEER acknowledges that except as otherwise provided by Chapter
2274 of the Texas Government Code (as added by Acts 2021, 87th Leg.,
R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more which will be paid
wholly or partly from public funds of the City, with a company (with 10 or
more full-time employees) unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract
against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the
meaning ascribed to those terms by Chapter 2274 of the Texas Government
Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent
that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, ENGINEER certifies that
ENGINEER's signature provides written verification to the CITY that
ENGINEER: (1) does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association;
and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
City of Fort Worth,Texas Park Vista—Keller Haslet to Timberland
Standard Agreement for Engineering Related Design Services CPN 103281
Revised Date:November 23,2021
Page 13 of 15
same instrument.
The following attachments and schedules are hereby made a part of this AGREEMENT:
Attachment A-Scope of Services
Attachment B -Compensation
Attachment C-Amendments to Standard Agreement for Engineering Services
Attachment D- Project Schedule
Attachment E - Location Map
Attachment F— Insurance Requirements
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY: BY:
CITY OF FORT WORTH ENGINEER
BGE, In
Dana Burghdoff(Jul 26,20 9:08 CDT) •
Dana Burghdoff Carl Krogness
Assistant City Manager Vice President
Date:Jul 26, 2022 Date: 711q
ATTEST:
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Jannette S.Goodall(Ju 27,2022 07:09 CDT)
Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
By.Williann Johnson(J 22,202215:39CDT)
William Johnson
Director, TPW
APPROVED AS TO FORM AND LEGALITY Form 1295 No. N/A
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7 Douglas W Black M&C No.: N/A
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City of Fort Worth,Texas Park Vista—Keller Haslet to Timberland
Standard Agreement for Engineering Related Design Services
Revised Date:November23,2021 OFFICIAL RECORD
Page 14 of 15
CITY SECRETARY
FT. WORTH, TX
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting
requirements.
Mitch Aiton(Jul 20,2022 08:13 CDT)
Mitch Aiton, PE
Sr Professional Engineer
City of Fort Worth,Texas Park Vista OFFICIAL RECORD
Standard Agreement for Engineering Related Design Services
Revised Date:November23,2021 Page 15 of 15 CITY SECRETARY
FT. WORTH, TX
FORT WORTH.,
ATTACHMENT "A"
Scope for Kickoff Engineering Design Related Services
Park Vista Boulevard from Keller Haslet Rd to 415 feet North of Timberland
Drainage, Geotechnical and Traffic Control Phasing
City Project No. 103281
TASK 1. DESIGN MANAGEMENT.
1.1. Pre-Design Meeting
• Attend a pre-design project kickoff/charter meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional
designs that meet CITY requirements
1.2. Communications and Reporting:
1.2.1. Conduct and document monthly project update meetings with CITY Project
Manager
1.2.2. Conduct review meetings with the CITY at the end of each design phase
1.2.3. Conduct and document bimonthly design team meetings
1.2.4. Prepare invoices, in accordance with Attachment B to this Standard
Agreement and submit monthly in the format requested by the CITY. Multi-
month billing is not allowed. Months in which no work is being invoiced shall
require submission of a $0.00 invoice. Prepare and submit monthly Project
Status Reports in the format provided by the Transportation and Public Works
Department.
1.2.5. Prepare and submit monthly Project Status Reports
1.2.6. Prepare and submit baseline Project Schedule
1.2.7. Personnel and Vehicle Identification: When conducting site visits to the
project location, the ENGINEER or any of its sub-consultants shall carry
readily visible information identifying the name of the company and the
company representative.
ASSUMPTIONS
• One (1) pre-design project kickoff/chartering meeting
• One (1) design review meeting
• (3) monthly project update meetings during design phase
• (6) biweekly design team meetings
• All submittals to the City will be Quality checked prior to submission.
DELIVERABLES
A. Meeting summaries with action items
City of Fort Worth,Texas Park Vista—Keller Haslet to Timberland
Attachment A CPN 103281
Release Date:07.22.2021
Page 1 of 4
FORT WORTH.,
B. QC/QA documentation
C. Baseline design schedule
D. Monthly Project Status Reports
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
2.1. Data Collection
2.1.1 In addition to data obtained from the CITY, ENGINEER will research and
make efforts to obtain pertinent information to aid in coordination of the
proposed improvements with any planned future improvements that may
influence the project. ENGINEER will also identify and seek to obtain data for
existing conditions that may impact the project including; utilities, agencies
(TxDOT and railroads), City Master Plans, and property ownership as
available from the Tax Assessor's office.
2.1.2 The ENGINEER will consult with the CITY's Transportation and Public Works
Department, Water Department, and other CITY departments, public utilities,
private utilities, private utilities and government agencies to determine the
approximate location of above and underground utilities, and other facilities
(current and future) that have an impact or influence on the project.
2.1.3 The data collection efforts will also include conducting special coordination
meetings with affected property owners and businesses as necessary to
develop sewer re-routing plans where necessary.
2.2 Preliminary Drainage Evaluation and Report
2.2.1 Develop Existing and Conceptual Drainage Area Maps.
2.2.2 Assess capacity of the existing storm drain system based on current criteria.
2.2.3 Develop Conceptual Storm Drain Plan and Profiles.
2.3 Geotechnical Investigation/Pavement Design
• Soil investigations, including field and laboratory tests, borings, related
engineering analysis and recommendations for determining soil conditions will
be made. In addition to the above investigations, borings and appropriate field
and laboratory analysis will be made at reasonable intervals along the project
alignment for the Contractor's use in determining soil conditions for preparing
bids and a Trench Safety Plan.
• The ENGINEER shall prepare a detailed geotechnical engineering study and
pavement design in conformance with the City of Fort Worth Pavement Design
Standards Manual, 2005. The study shall include recommendations regarding
utility trenching and identify existing groundwater elevation at each boring.
• ASSUMPTIONS
• All storm water calculations and design shall conform to the CITY current iSWM
Criteria Manual for Site Development and Construction.
• PDF file of Preliminary Drainage Evaluation
City of Fort Worth,Texas Page 2 of 4
Attachment A Park Vista—Keller Haslet to Timberland
Release Date:07.22.2021 CPN 103281
Page 2 of 4
FORT WORTH.,
DELIVERABLES
A. Conceptual Drainage Evaluation and Report
B. Conceptual Drainage Checklist
C. Geotechnical Report
TASK 3. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans and specifications shall be submitted to CITY per the approved Project
Schedule.
3.1 Traffic Control Plan including phasing, phasing narrative and five (5) detour plans
(one for each phase). Standard details and latest edition of the Texas Manual on
Uniform Traffic Control Devices will be referenced for each phase of construction.
• The following shall be uploaded to the designated project folder in the City's
document management system (BIM 360):
■ Single PDF file created from design CAD drawings of the TCP Phasing Plan
and standard details.
DELIVERABLES
A. Preliminary TCP Design drawings including QC/QA documentation
TASK 4. QUALITY CONTROL / QUALITY ASSURANCE
ENGINEER to provide to the City a Quality Control/ Quality Assurance Plan (QC/QA Plan)
outlining the ENGINEER's method of ensuring the highest levels of design and accuracy are
incorporated into the calculations, plans, specifications, and estimates.
ENGINEER is responsible for and shall coordinate all subconsultant activity to include
quality and consistency of plans.
If, at any time, during the course of reviewing a submittal of any item it becomes apparent to
the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may
cease its review and return the submittal to the ENGINEER immediately for appropriate
action. A submittal returned to the ENGINEER for this reason may be rejected by the CITY
Project Manager.
4.1 QC/QA of Design Documentation
• ENGINEER shall perform a QC/QA review of all documents being submittedQA
should be performed by an individual within the firm who is not on the design
team.
• ENGINEER is to acknowledge that each item on the Detailed Checklist has been
included by checking "done" on the checklist. If a particular checklist item is not
applicable, this should be indicated by checking "N/A". If an entire checklist is
not applicable, this should be indicated by checking every item on the list as
"N/A" and still included with the submittal. The ENGINEER shall use the Detailed
Checklist provided by CITY.
• A Comment Resolution Log must be used to document conflicting comments
between reviewers and to highlight comments made by the CITY that the
City of Fort Worth,Texas Page 3 of 4
Attachment A Park Vista—Keller Haslet to Timberland
Release Date:07.22.2021 CPN 103281
Page 3 of 4
FORT WORTH.,
ENGINEER is not incorporating into the design documents along with the
associated explanation. The ENGINEER shall use the Comment Resolution Log
provided by CITY.
• The documentation of a QC/QA review includes (1) a copy of the color-coded,
original marked-up document (or "check print") developed during the QA
checking process and/or review forms which sequentially list documents and
associated comments; and (2) a QC sign-off sheet with signatures of the
personnel involved in the checking process. Mark-ups may also be documented
using the Comment Resolution Log.
• Evidence of the QC/QA review will be required to accompany all submittals.
Documentation shall include, but is not limited to, the following items:
- PDF of the completed Detailed Checklists
- PDF of the QC/QA check print of the calculations, plans, specifications, and
estimates demonstrating that a review has been undertaken;
- PDF of previous review comments (if any) and the ENGINEER's responses
to those comments in the Comment Resolution Log.
• If any of the above information is missing, is incomplete or if any comments are
not adequately addressed; the CITY may contact the ENGINEER and request
the missing information. If the ENGINEER does not respond to the request
within 24 hours, the CITY shall reject the submittal. No additional time will be
granted to the design schedule for a returned submittal. ENGINEER shall plan to
recover the lost time with future project milestones remaining unchanged.
• If the ENGINEER has not adequately addressed the comments, the submittal
shall be rejected and returned to the ENGINEER immediately to address the
issues.
ASSUMPTIONS
• All submittals to the City will be Quality checked prior to submission.
• A PDF of the QC/QA documentation will be uploaded to the project folder in the
City's document management system (BIM360).
DELIVERABLES
A. QC/QA documentation
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existing Scope of Services — CITY and
ENGINEER agree that all service not explicitly included in this agreement are beyond the
Scope of Services described in the tasks above. However, ENGINEER can provide these
services, if needed, upon the CITY's written request. Any additional amounts paid to the
ENGINEER as a result of any material change to the Scope of the Project shall be agreed
upon in writing by both parties before the services are performed.
City of Fort Worth,Texas Page 4 of 4
Attachment A Park Vista—Keller Haslet to Timberland
Release Date:07.22.2021 CPN 103281
Page 4 of 4
ATTACHMENT B
COMPENSATION
Design Services for
Park Vista Boulevard from Keller Haslet Rd to 415 feet North of Timberland
Drainage, Geotechnical and Traffic Control Phasing
City Project No. 103281
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 FY 2023 Rate 2024 Rate
($/hour) ($/hour)
Project Director $300 $315
Senior Project Manager $275 $290
Project Manager $250 $265
Sr. Project Engineer $225 $235
Project Engineer $180 $190
EIT $130 $140
CADD/Desi ner $150 $160
CADD $100 $105
Administrative $100 $105
RPLS $200 $210
Survey Crew $175 $185
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 Park Vista—Keller Haslet to Timberland
Attachment B CPN 103281
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 Park Vista—Keller Haslet to Timberland
Attachment B CPN 103281
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 Fee Amount %
Prime Consultant
BGE, Inc. Civil Engineering / Project $90,890.00 91.9%
Management
Proposed MBE/SBE Sub-Consultants
Non-MBE/SBE Consultants
CMJ Engineering, Inc. Geotechnical Engineering $8,000.00 8.1%
TOTAL $98,890.00 100%
Project Number& Name Total Fee MBE/SBE Fee MBE/SBE
103281 — Park Vista Boulevard $98,890.00 $0.00 0.0%
Keller Haslet to Timberland
City MBE/SBE Goal = None Consultant Committed Goal = None
City of Fort Worth,Texas Park Vista—Keller Haslet to Timberland
Attachment B CPN 103281
PMO Official Release Date:8.09.2012
Page 3 of 4
B-3
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Park Vista Boulevard from Keller Haslet Rd to 415 feet North of Timberland
Drainage, Geotechnical and Traffic Control Phasing
City Project No. 103281
NO CHANGES.
City of Fort Worth,Texas Park Vista—Keller Haslet to Timberland
Attachment C CPN 103281
PMO Release Date:05.19.2010
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ATTACHMENT E
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EXHIBIT F
CITY OF FORT WORTH
STANDARD INSURANCE REQUIREMENTS
(1) INSURANCE LIMITS
a. Commercial General Liability — Insured shall maintain commercial general
liability (CGL) and, if necessary, commercial umbrella insurance as follows:
$1,000,000 each occurrence
$2,000,000 aggregate
If such Commercial General Liability insurance contains a general aggregate
limit, it shall apply separately to this Project or location.
i. City shall be included as an additional insured with all rights of defense
under the CGL, using ISO additional insured endorsement or a
substitute providing equivalent coverage, and under the commercial
umbrella, if any. This insurance shall apply as primary insurance with
respect to any other insurance or self-insurance programs afforded to
City. The Commercial General Liability insurance policy shall have no
exclusions or endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertising injury, which are normally contained
within the policy, unless City specifically approves such exclusions in
writing.
ii. Insured waives all rights against City and its agents, officers, directors
and employees for recovery of damages to the extent these damages
are covered bythe commercial general liability or commercial umbrella
liability insurance maintained in accordance with Agreement.
b. Business Auto — Insured shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance as follows:
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis).
Such insurance shall cover liability arising out of "any auto", including owned,
hired, and non-owned autos, when said vehicle is used in the course of Insured's
business and/or the Project. If Insured owns no vehicles, coverage for hired or
non-owned autos is acceptable.
Insured waives all rights against City and its agents,officers,directors and
employees for recovery of damages to the extent these damages are
covered by the business auto liability or commercial umbrella liability
insurance obtained by Insured pursuant to this Agreement or under any
applicable auto physical damage coverage.
CFW Standard Insurance Requirements Page 1 of 3
Rev. 5.04.21 Park Vista—Keller Haslet to Timberland
CPN 103281
c. Workers' Compensation — Insured shall maintain workers compensation and
employer's liability insurance and, if necessary, commercial umbrella liability
insurance as follows:
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Insured waives all rights against City and its agents,officers,directors and
employees for recovery of damages to the extent these damages are
covered by workers compensation and employer's liability or commercial
umbrella insurance obtained by Insured pursuant to this Agreement.
d. Professional Liability (Errors & Omissions) — Insured shall maintain
professional liability insurance as follows:
$1,000,000 - Each Claim Limit
$2,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to
the Commercial General Liability policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other
requirements. Coverage shall be written on a claims-made basis, and
maintained for the duration of the contractual agreement and for five (5) years
following completion of services provided. The policy shall contain a retroactive
date prior or equal to the Effective Date of the Agreement or the first date of
services to be performed, whichever is earlier. An annual certificate of insurance
shall be submitted to City to evidence coverage.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that Insured has obtained all required
insurance shall be attached to Agreement concurrent with its execution. Any
failure to attach the required insurance documentation hereto shall not
constitute a waiver of the insurance requirements.
b. Applicable policies shall be endorsed to name City as an Additional Insured,
as its interests may appear, and must afford the City the benefit of any
defense provided by the policy. The term City shall include its employees,
officers, officials, and agents as respects the contracted services. Applicable
policies shall each be endorsed with a waiver of subrogation in favor of City
with respect to the Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies
documented thereon. Insured's insurance policy(s) shall be endorsed to
provide that said insurance is primary protection and any self-funded or
CFW Standard Insurance Requirements Page 2 of 3
Rev. 5.04.21 Park Vista—Keller Haslet to Timberland
CPN 103281
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery. Insured's liability shall not be limited to the
specified amounts of insurance required herein.
d. Other than worker's compensation insurance, in lieu of traditional
insurance, City may consider alternative coverage or risk treatment
measures through insurance pools or risk retention groups. City must
approve in writing any alternative coverage for it to be accepted.
e. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to City. A ten (10)days'notice shall be acceptable
in the event of non-payment of premium.
f. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A:VII or equivalent measure of financial strength
and solvency as determined by the City's Risk Management division.
g. Any deductible or self-insured retention in excess of $25,000 that would
change or alter the requirements herein is subject to approval in writing by
City, if coverage is not provided on a first-dollar basis. City, at its sole
discretion,may consentto alternative coverage maintained through insurance
pools or risk retention groups. Dedicated financial resources or letters of credit
may also be acceptable to City.
h. In the course of the Agreement, Insured shall report, in a timely manner, to
City's Risk Management Department with additional notice to the Contract
Compliance Manager, any known loss or occurrence which could give rise
to a liability claim or lawsuit against City or which could result in a property
loss.
i. City shall be entitled, upon its request and without incurring expense, to
review Insured's insurance policies including endorsements thereto and, at
City's discretion, Insured may be required to provide proof of insurance
premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a claims-
made basis, shall contain a retroactive date coincidentwith or priorto the date
of this Agreement. The certificate of insurance shall state both the retroactive
date and that the coverage is claims-made.
k. Coverages,whether written on an occurrence or claims-made basis, shall be
maintained without interruption nor restrictive modification or changes from
date of commencement of the Project until final payment and termination of
any coverage required to be maintained after final payments.
I. City shall not be responsible for the direct payment of any insurance
premiums required by Agreement.
m. Subcontractors of Insured shall be required by Insured to maintain the same
or reasonably equivalent insurance coverage as required for Insured. Upon
City's request, Insured shall provide City with documentation thereof.
CFW Standard Insurance Requirements Page 3 of 3
Rev. 5.04.21 Park Vista—Keller Haslet to Timberland
CPN 103281
POLICY NUMBER: 6075541416
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:
I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily
injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or
the acts or omissions of those acting on your behalf:
A. in the performance of your ongoing operations subject to such written contract;or
B. in the performance of your work subject to such written contract, but only with respect to bodily injury or
property damage included in the products-completed operations hazard, and only if:
1. the written contract requires you to provide the additional insured such coverage; and
2. this coverage part provides such coverage.
II. But if the written contract requires:
A. additional insured coverage under the 11-85 edition, 10-93 edition,or 10-01 edition of CG2010, or under the 10-
01 edition of CG2037;or
B. additional insured coverage with"arising out of language;or
C. additional insured coverage to the greatest extent permissible by law;
then paragraph I.above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily
injury, property damage or personal and advertising injury arising out of your work that is subject to such written
contract.
Ill. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide
such additional insured with:
0
A. coverage broader than required by the written contract;or
0
B. a higher limit of insurance than required by the written contract.
IV. 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.
V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to
add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage
part:
CNA75079XX (10-16) Policy No: 6075541416
Page 1 of 2 Endorsement No: 10
Effective Date: 12/31/2021
Insured Name:BROWN AND GAY ENGINEERS, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named
insured,this insurance is primary to and will not seek contribution from such other insurance, provided that a written
contract requires the insurance provided by this policy to be:
1. primary and non-contributing with other insurance available to the additional insured; or
2. primary and to not seek contribution from any other insurance available to the additional insured.
But except as specified above,this insurance will be excess of all other insurance available to the additional insured.
VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL
LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of
the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;
2. send the Insurer copies of all legal papers received,and otherwise cooperate with the Insurer in the investigation,
defense, or settlement of the claim; and
3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or
self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However,
if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not
apply to 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.
VII. Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to
add the following definition:
Written contract means a written contract or written agreement that requires you to make a person or organization an
additional insured on this coverage part, provided the contract or agreement:
A. 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 (10-16) Policy No: 6075541416
Page 2 of 2 Endorsement No: 10
Effective Date: 12/31/2021
Insured Name: BROWN AND GAY ENGINEERS, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
POLICY NUMBER: 6075541416
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf,
The coverage granted by this paragraph does not apply to;
a. Bodily injury, property damage or personal and advertising injury arising out of operations performed
for the state or governmental agency or subdivision or political subdivision; or
b. Bodily injury or property damage included within the products-completed operations hazard.
With respect to this provision's requirement that additional insured status must be requested under a written
contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the
Named Insured to add the governmental entity as an additional insured.
I. Trade Show Event Lessor
1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer,
any person or organization whom the Named Insured is required to include as an additional insured, but only
with respect to such person or organization's liability for bodily injury, property damage or personal and
advertising injury caused by:
a. the Named Insured's acts or omissions;or
b. the acts or omissions of those acting on the Named Insured's behalf,
in the performance of the Named Insured's ongoing operations at the trade show event premises during the
trade show event.
2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within
the products-completed operations hazard.
2. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL.INSURED'S INSURANCE
The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to
add the following paragraph:
If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-
contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not
seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own
insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding
anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess
of any other insurance available to such person or organization.
3. ADDITIONAL INSURED— EXTENDED COVERAGE
When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN
INSURED is amended to make the following natural persons Insureds.
If the additional insured is:
a. An individual, then his or her spouse is an Insured;
b. A partnership or joint venture,then its partners, members and their spouses are Insureds;
c. A limited liability company,then its members and managers are Insureds;or
d. An organization other than a partnership, joint venture or limited liability company, then its executive officers,
directors and shareholders are Insureds;
CNA74858XX (1-15) Policy No: 6075541416
Page 4 of 18 Endorsement No:
Effective Date: 12/31/2021
Insured Name: BROWN AND GAY ENGINEERS, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
POLICY NUMBER: 6075541416
CNA CNA PARAMOUNT
Primary and Noncontributory - Other Insurance
Condition Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
It is understood and agreed that the condition entitled Other Insurance is amended to add the following:
Primary And Noncontributory Insurance
Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution from any other
insurance available to an additional insured under this policy provided that:
a. the additional insured is a named insured under such other insurance; and
b. the Named Insured has agreed in writing in a contract or agreement that this insurance would be primary and
would not seek contribution from any other insurance available to the additional insured.
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.
a
n
a
0
P
0
P
CNA74987XX (1-15) Policy No: 6075541416
Page 1 of 1 Endorsement No: 12
Effective Date: 12/31/2021
Insured Name: BROWN AND GAY ENGINEERS, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
POLICY NUMBER: 6075541416
CNA CNA PARAMOUNT
General Aggregate Limit - Designated Projects Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Construction or Service Projects:
EACH OF YOUR CONSTRUCTION PROTECTS
LOCATED AWAY FROM PREMISES OWNED BY
OR RENTED TO YOU
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
It is understood and agreed as follows:
I. For each single designated construction or service project shown in the Schedule above, a separate Designated
Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the
most the Insurer will pay for the sum of:
A. all damages under Coverage A, except damages because of bodily injury or property damage included in the
products-completed operations hazard; and
B. all medical expenses under Coverage C;
that arise from occurrences or accidents which can be attributed solely to ongoing operations at that designated
project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Designated
Project General Aggregate Limit applicable to any other project.
0
II. All:
0
A. damages under Coverage B, regardless of the number of locations or projects involved;
0
B. damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at
a single designated project, except damages because of bodily injury or property damage included in the
products-completed operations hazard; and
C. medical expenses under Coverage C, caused by accidents which cannot be attributed solely to ongoing
.� operations at a single designated project,
will reduce the General Aggregate Limit shown in the Declarations.
III. The limits shown in the Declarations for Each Occurrence, for Damage To Premise's Rented To You and for Medical
Expense continue to apply, but will be subject to either the Project General Aggregate Limit or the General Aggregate
Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations
at a particular designated project.
IV. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for
damages because of bodily injury or property damage included in the products-completed operations hazard will
CNA74826XX (1-15) Policy No: 6075541416
Page 1 of 2 Endorsement No: 8
Effective Date: 12/31/2021
Insured Name: BROWN AND GAY ENGINEERS, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
General Aggregate Limit - Designated Projects Endorsement
reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of
projects involved.
V. If the applicable scheduled construction or service project has been abandoned and then restarted, or if the authorized
contracting parties deviate from plans, blueprints, designs, specifications or timetables, such project will still be
deemed to be the same project.
VI. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as
stipulated.
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.
CNA74826XX (1-15) Policy No: 6075541416
Page 2 of 2 Endorsement No: 8
Effective Date: 12/31/2021
Insured Name: BROWN AND GAY ENGINEERS, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
POLICY NUMBER: 6075541416
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or
narrower than that provided by this insurance.
But this BROAD NAMED INSURED provision does not apply to:
(a) any partnership, limited liability company or joint venture;or
(b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part.
For the purpose of this provision, management control means:
A. owning interests representing more than 50% of the voting, appointment or designation power for the
selection of a majority of the Board of Directors of a corporation; or
B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or
sell property held by a trust.
4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance
does not apply to:
a. bodily injury or property damage that first occurred prior to the date of management control, or that first
occurs after management control ceases; nor
b. personal or advertising injury caused by an offense that first occurred prior to the date of management
control or that first occurs after management control ceases.
5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names
or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to
employ.
8. CONTRACTUAL LIABILITY—RAILROADS
With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced
by the following:
Insured Contract means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies
any person or organization for damage by fire to premises while rented to a Named Insured or temporarily
occupied by a Named Insured you with permission of the owner is not an insured contract;
b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a
municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to the Named Insured's business (including an
indemnification of a municipality in connection with work performed for a municipality) under which the Named
Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person
or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or
agreement.
Paragraph f.does not include that part of any contract or agreement:
CNA74858XX (1-15) Policy No: 6075541416
Page 6 of 18 Endorsement No: 7
Effective Date: 12/31/2021
Insured Name: BROWN AND GAY ENGINEERS, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications;or
(b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or
damage;
(2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage
arising out of the insured's rendering or failure to render professional services, including those listed in (1)
above and supervisory, inspection, architectural or engineering activities.
9. ESTATES, LEGAL REPRESENTATIVES,AND SPOUSES
The estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses of any
natural person Insured or living trust shall also be insured under this policy; provided, however, coverage is afforded
to such estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses only for
claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks
damages from marital community property, jointly held property or property transferred from such natural person
Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal
representative, or spouse outside the scope of such person's capacity or status as such, provided, however, that the
spouse of a natural person Named Insured, and the spouses of members or partners of joint venture or partnership
Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named
Insured's business.
10. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLE FORCE
Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled
Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:
This insurance does not apply to:
Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not
apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.
N 11. GENERAL AGGREGATE LIMITS OF INSURANCE-PER LOCATION
n
a
A. A separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most the
0
Insurer will pay for the sum of:
P
1. All damages under Coverage A,except damages because of bodily injury or property damage included in
the products-completed operations hazard; and
2. All medical expenses under Coverage C,
that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location.
Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Location General
Aggregate Limit of any other location,
B. All:
1. Damages under Coverage B, regardless of the number of locations involved;
CNA74858XX (1-15) Policy No: 6075541416
Page 7 of 18 Endorsement No: 7
Effective Date: 12/31/2021
Insured Name: BROWN AND GAY ENGINEERS, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed
to be damages for personal and advertising Injury and will not reduce the limits of insurance.
C. This PERSONAL AND ADVERTISING INJURY-LIMITED CONTRACTUAL LIABILITY Provision does not apply
if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this
Coverage Part.
This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any
person or organization who otherwise qualifies as an additional insured on this Coverage Part.
22. PROPERTY DAMAGE—ELEVATORS
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6)of
the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.
B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the
Other Insurance conditions is amended to add the following paragraph:
This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other
basis that is Property insurance covering property of others damaged from the use of elevators.
23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES
WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors
or employees, but only for bodily injury, property damage or personal and advertising injury that results from
services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to
employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision.
24. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows:
A. Paragraph 1 b. is amended to delete the$250 limit shown for the cost of bail bonds and replace it with a$5,000.
limit;and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a
$1,000. limit.
25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named
Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure.
26. WAIVER OF SUBROGATION- BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to
add the following;
The Insurer waives any right of recovery the Insurer may have against any person or organization because of
payments the Insurer makes for injury or damage arising out of:
1. the Named Insured's ongoing operations;or
2. your work included in the products-completed operations hazard.
However,this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in
a written contract or written agreement, and only if such contract or agreement:
CNA74858XX (1-15) Policy No: 6075541416
Page 16 of 18 Endorsement No: 7
Effective Date: 12/31/2021
Insured Name: BROWN AND GAY ENGINEERS, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
1. is in effector becomes effective during the term of this Coverage Part;and
2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the
claim.
27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED(WRAP-UP)INSURANCE PROGRAMS
Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any
construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up)
insurance program by applicable state statute or regulation.
If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary
endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P,) or Contractor Controlled Insurance
Programs (C.C.I.P.) is attached, then the following changes apply:
A. The following wording is added to the above-referenced endorsement:
With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was
involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as
damages because of:
1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's
ongoing operations at the project, or during such operations of anyone acting on the Named Insured's
behalf; nor
2. Bodily injury or property damage included within the products-completed operations hazard that arises
out of those portions of the project that are not residential structures,
B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c):
This insurance is excess over:
(c) Any of the other insurance whether primary,excess, contingent or any other basis that is insurance available
to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up)
insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up)
insurance program.
N C. DEFINITIONS is amended to add the following definitions:
0
Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the
prime contractor/project manager or owner of the construction project has secured general liability insurance
covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled
Insurance Program (O.C.I.P.)or Contractor Controlled Insurance Program (C.C,I_P.).
Residential structure means any structure where 30% or more of the square foot area is used or is intended to
be used for human residency, including but not limited to:
1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit
developments; and
2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs,
detached garages,guest houses or any similar structures).
However, when there is no individual ownership of units, residential structure does not include military housing,
college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also
does not include hospitals or prisons,
CNA74858XX (1-15) Policy No: 60-15541416
Page 17 of 18 Endorsement No:
Effective Date: 12/31/2021
Insured Name:BROWN AND GAY ENGINEERS, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
POLICY NUMBER: 6075541416
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 FILE
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
organization listed in the above Schedule. Such notice will be sent prior to such cancellation in the manner prescribed in
the above Schedule.
0
P
0
P
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.
CNA74702XX (1-15) Policy No: 6075541416
Page 1 of 1 Endorsement No: 27
Effective Date: 12/31/2021
Insured Name: BROWN AND GAY ENGINEERS, INC.
Copyright CNA All Rights Reserved.
POLICY NUMBER: 6075541433
CNA Business Auto Policy
Policy Endorsement
DESIGNATED INSUR ED FOR COVERED AUTOS LIABILITY COVERAGE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability
Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter
coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below.
Named Insured: BROWN AND GAY ENGINEERS, INC.
Endorsement Effective Date: 12/31/2020
SCHEDULE
Name Of Person(s) Or Organization(s):
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/ORGANIZATION FOR WHOM
LIABILITY COVERAGE IS AFFORDED UNDER THIS POLICY.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision
contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor
Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers
Coverage Form.
Form No: CA 20 48 10 13 Policy No: BUA 6075541433
Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 12/31/2021
Endorsement No: 6; Page: 1 of 1 Policy Page: 52 of 160
Underwriting Company: Valley Forge Insurance Company
°Copyright Insurance Services Office, Inc., 2011
POLICY NUMBER: 6075541433
CNA Business Auto Policy
Policy Endorsement
' ADDITIONAL INSURED AND NON-CONTRIBUTOR
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:
SCHEDULE
Name of Additional Insured Person Or Organization
ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN
AGREEMENT TO NAME AS AN ADDITIONAL INSURED.
1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the
person or organization scheduled above is an insured under this policy.
2. The insurance afforded to the additional insured under this policy will apply on a primary and
non-contributory basis if you have committed it to be so in a written contract or written agreement
executed prior to the date of the "accident" for which the additional insured seeks coverage under this
policy.
All other terms and conditions of the policy remain unchanged
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective
date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.
Form No: CNA71527XX 110-2012i Policy No: BUA 6075541433
Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 12/31/2021
Endorsement No: 15; Page: 1 of 1 Policy Page: 72 of 160
Underwriting Company: Valley Forge Insurance Company
°Copyright CNA All Rights Reserved.
POLICY NUMBER: 6075541433
CNA Business Auto Policy
Policy Endorsement
' WAIVER OF • ! OF OF •
AGAINST OTHERS TO US (WAIVER OF SUBROGATION) im
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below.
Named Insured: BROWN AND GAY ENGINEERS, INC.
Endorsement Effective Date: 12/31/2020
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT
OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR
TO LOSS.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or
organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident"
or the "loss" under a contract with that person or organization.
Form No: CA 04 44 10 13 Policy No: BUA 6075541433
Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 12/31/2021
Endorsement No: 4; Page: 1 of 1 Policy Page: 49 of 160
Underwriting Company: Valley Forge Insurance Company
°Copyright Insurance Services Office, Inc., 2011
POLICY NUMBER: 6075541433
CNA Business Auto Policy
Policy Endorsement
' NOTICE OF • TO CERTIFICATEHOLDERS
It is understood and agreed that:
If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of
Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of
Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to
such Certificate holders at least 30 days in advance of the date cancellation is effective.
If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with
the Agent of Record will be sufficient to prove notice.
Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or
impose any liability or obligation upon us or the Agent of Record.
All other terms and conditions of the policy remain unchanged
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective
date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.
Form No: CNA68021XX 102-2013h Policy No: BUA 6075541433
Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 12/31/2021
Endorsement No: 14; Page: 1 of 1 Policy Page: 71 of 160
Underwriting Company: Valley Forge Insurance Company
°Copyright CNA All Rights Reserved.
POLICY NUMBER: 6075541447
CNA Workers Compensation And Employers Liability Insurance
policy Endorsement
' WAIVER OF OUR • RECOVER FROMOTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover
from under a written contract or agreement.
The premium charge for the endorsement is reflected in the Schedule of Operations.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another
effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy
unless another expiration date is shown below.
Form No: WC 00 03 13 (04-1984) Policy No:WC 6 75541447
Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 12/31/2021
Endorsement No: 3; Page: 1 of 1 Policy Page: 51 of 84
Underwriting Company: Valley Forge Insurance Company
Copyright 1983 National Council on Compensation Insurance.
POLICY NUMBER: 6075531447
CNA Workers Compensation And Employers Liability Insurance
policy Endorsement
ITEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS 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. ❑ Specific Waiver
Name of person or organization
X❑ Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this
waiver.
2. Operations: All Texas Operations
3. Premium:
The premium charge for this endorsement shall be 2% percent of the premium developed on payroll in
connection with work performed for the above person(s) or organization(s) arising out of the operations
described.
4. Advance Premium: 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(06-2014) Policy No:WC 6 75541447
Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 12/31/2021
Endorsement No: 22; Page: 1 of 1 Policy Page: 78 of 84
Underwriting Company: Valley Forge Insurance Company
0 Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved.
POLICY NUMBER: 6075541447
CNA Workers Compensation And Employers Liability Insurance
policy Endorsement
' TEXAS NOTICEOF • • •
This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of
the Information Page.
In the event of cancelation or other material change of the policy, we will mail advance notice to the person or
organization named in the Schedule. The number of days advance notice is shown in the Schedule.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
1. Number of days advance notice: 10 Cancellation for Non-Payment of Premium
30 Cancellation other than Non-Payment of Premium
30 Notice of Non-Renewal
2. Notice will be mailed to:
PER SCHEDULE ON FILE
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 06 01 (01-1994) Policy No:WC 6 75541447
Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 12/31/2021
Endorsement No: 25; Page: 1 of 1 Policy Page: 81 of 84
Underwriting Company: Valley Forge Insurance Company
:I Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved
POLICY NUMBER: 6075541464
CNA CNA Paramount Excess and Umbrella Liability
Policy
1
Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties
and what is and is not covered.
The "Insurer" refers to the insurer providing this insurance as set forth on the Declarations of this Policy. Words
and phrases that appear in bold have special meaning. Refer to the section entitled DEFINITIONS.
I. COVERAGES
A. Coverage A - Excess Follow Form Liability
The Insurer will pay on behalf of the Insured those damages in excess of the applicable underlying
limits. Coverage hereunder will attach only after the full amount of the applicable underlying limits have
been exhausted through payment in legal currency of covered loss under all applicable underlying
insurance and to which this Coverage A applies.
Coverage A under this Policy will then apply in conformance with the provisions of the applicable
underlying insurance except for the premium, limits of insurance, deductible, retentions, or any defense
obligations and any other terms and conditions specifically set forth in this Policy.
Upon exhaustion of the applicable underlying limits, the Insurer shall only pay for damages in excess of
the applicable underlying limits. This Coverage A does not provide coverage for any loss not covered
by the applicable underlying insurance except and to the extent that such loss is not paid under the
applicable underlying insurance solely by reason of the exhaustion of the applicable underlying limits
through payment of loss thereunder.
This Coverage applies:
1. if the applicable underlying insurance is on an occurrence basis, then only if that which must take
place in the policy period of the underlying insurance in order to trigger coverage, takes place during
this policy period; and
2. if the applicable underlying insurance is on a claims made basis, then only if:
a. that which must take place in the underlying insurance in order to trigger coverage, takes place
after the retroactive date and prior to the end of the policy period; and
b. the claim is first made during the policy period.
B. Coverage B - Umbrella Liability
The Insurer will pay on behalf of the Insured those damages in excess of the retained amount:
1. that an Insured becomes legally obligated to pay because of bodily injury, property damage or
personal and advertising injury; or
2. because of liability for bodily injury or property damage assumed under an insured contract,
provided the bodily injury or property damage occurs subsequent to the execution of such insured
contract;
and provided that:
a. the bodily injury or property damage occurs during the policy period;
b. the bodily injury or property damage is caused by an occurrence that takes place in the coverage
territory;
Form No:CNA75604XX (03-2015) Policy No:CUE 6075541464
Policy Page, 1 of 32 Policy Effective Date: 12/31/2021
Underwriting Company: The Continental Insurance Company, 151 N Franklin 5t, Chicago, IL 60606 Policy Page: 14 of 56
11'Copyright CNA All Rights Reserved.
CNA CNA Paramount Excess and Umbrella Liability
Policy
or organization which may be liable to the Insured because of injury or damage to which this
insurance may also apply; and
vi. will not voluntarily make a payment, except at its own cost, assume any obligation, or incur
any expense, other than for first aid, without the Insurer's prior consent.
3. Cooperation
With respect to both Coverage A - Excess Follow Form Liability and Coverage B — Umbrella Liability,
the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to
the Insurer in accordance with this paragraph O. Notice of Claims/Crisis Management Event/Covered
Accident, and refuse, except solely at its own cost, to voluntarily, without the Insurer's approval,
make any payment, admit liability, assume any obligation or incur any expense related thereto.
P. Notices
Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the
address set forth in the Declarations of this Policy.
Q. Other Insurance
If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or
defense costs by any valid and collectible other insurance for which the Insured otherwise would have
been indemnified or otherwise insured in whole or in part by this Policy, the limits of insurance specified
in the Declarations of this Policy shall apply in excess of, and shall not contribute to a claim, incident or
such event covered by such other insurance.
With respect to Coverage A — Excess Follow Form Liability only, if:
a. the Named Insured has agreed in writing in a contract or agreement with a person or entity that
this insurance would be primary and would not seek contribution from any other insurance
available;
b. Underlying Insurance includes that person or entity as an additional insured; and
c. Underlying Insurance provides coverage on a primary and noncontributory basis as respects that
person or entity;
then this insurance is primary to and will not seek contribution from any insurance policy where that
person or entity is a named insured.
R. Premium
All premium charges under this Policy will be computed according to the Insurer's rules and rating plans
that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or
its authorized representative.
S. In Rem Actions
A quasi in rem action against any vessel owned or operated by or for a Named Insured, or chartered by
or for a Named Insured, will be treated in the same manner as though the action were in personam
against the Named Insured.
T. Separation of Insureds
Except with respect to the limits of insurance, and any rights or duties specifically assigned in this
Policy to the First Named Insured, this insurance applies:
1. as if each Named Insured were the only Named Insured; and
2. separately to each Insured against whom a claim is made.
U. Transfeivof Interest
Form No:CNA75504XX (03-2015) Policy No:CUE 6075541464
Policy Page, 21 of 32 Policy Effective Date: 12/31/2021
Underwriting Company: The Continental Insurance Company, 151 N Franklin 5t, Chicago, IL 60606 Policy Page: 34 of 56
11'Copyright CNA All Rights Reserved.
CNA CNA Paramount Excess and Umbrella Liability
Policy
Assignment of interest under this policy shall not bind the Insurer unless its consent is endorsed hereon.
V. Unintentional Omission
Based on Insurer's reliance on the Named Insured's representations as to existing hazards, if the Named
Insured should unintentionally fail to disclose all such hazards at the effective date of this Policy, the
Insurer will not deny coverage under this Policy because of such failure.
W. Waiver of Rights of Recovery
The Insurer waives any right of recovery it may have against any person or organization because of
payments the Insurer makes under this Policy if the Named Insured has agreed in writing to waive such
rights of recovery in a contract or agreement, and only if the contract or agreement:
1. is in effect or becomes effective during the policy period; and
2. was executed prior to loss.
VII.DEFINITIONS
For purposes of this Policy, words in bold face type, whether expressed in the singular or the plural, have the
meaning set forth below.
Advertisement means a notice that is broadcast or published to the general public or specific market segments
about the Named Insured's goods, products or services for the purpose of attracting customers or supporters.
For the purposes of this definition:
A. notices that are published include material placed on the Internet or on similar electronic means of
communication; and
B. regarding web-sites, only that part of a web-site that is about the Named Insured's goods, products or
services for the purposes of attracting customers or supporters is considered an advertisement.
Aircraft means any machine or device that is capable of atmospheric flight.
Arbitration proceeding means a formal alternative dispute resolution proceeding or administrative hearing to
which an Insured is required to submit by statute or court rule or to which an Insured has submitted with the
Insurer's consent.
Asbestos means the mineral in any form whether or not the asbestos was at any time airborne as a fiber,
particle or dust, contained in or formed a part of a product, structure or other real or personal property, carried
on clothing, inhaled or ingested, or transmitted by any other means.
Authorized Insured means any executive officer, member of the Named Insured's risk management or in-house
general counsel's office, or any employee authorized by the Named Insured to give or receive notice of a claim.
Auto means:
A. a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached
machinery or equipment; or
B. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor
vehicle insurance law where it is licensed or principally garaged.
However, auto does not include mobile equipment.
Bodily injury means bodily injury, sickness or disease sustained by a person, including death, humiliation,
shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of
the bodily injury, sickness or disease.
Claim means a:
A. suit; or
Form No:CNA75504XX (03-2015) Policy No:CUE 6075541464
Policy Page, 22 of 32 Policy Effective Date: 12/31/2021
Underwriting Company: The Continental Insurance Company, 151 N Franklin 5t, Chicago, IL 60606 Policy Page: 35 of 56
11'Copyright CNA All Rights Reserved.
POLICY NUMBER: 6075541464
CNA CNA Paramount Excess and Umbrella Liability
Policy Endorsement
NUMBER OF DAYS NOTICE OF CANCELLATION ENDORSEMENT
This endorsement modifies insurance provided under the following:
PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY
PARAMOUNT UMBRELLA LIABILITY POLICY
PARAMOUNT EXCESS LIABILITY POLICY
It is understood and agreed as follows:
NUMBER OF DAYS NOTICE OF CANCELLATION (OTHER THAN NONPAYMENT OF PREMIUM)
Notwithstanding anything to the contrary, for any statutorily permitted reason other than nonpayment of
premium, the number of days required for written notice of cancellation to the Named Insured listed first in the
Declarations of this Policy is increased to 30 days before the effective date of cancellation.
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: CNA75513XX 103-2015) Policy No:CUE 6075541464
Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 12/31/2021
Endorsement No: 2; Page: 1 of 1 Policy Page: 49 of 56
Underwriting Company: The Continental Insurance Company, 151 N Franklin 5t, Chicago, IL 60606
11'Copyright CNA All Rights Reserved.
BGE,Inc.
Policy No.031565521
Policy Effective Date: 12131/2021
1. If this policy is cancelled or non-renewed by the Company or the First Named
Insured, for reasons other than nonpayment of premium or failure to comply
with the terms and conditions of this policy, the First Named Insured shall
have the option to purchase an Optional Extended Reporting Period.
2. In order to purchase the Optional Extended Reporting Period, the First Named
Insured must notify the Company in writing, within sixty (60) days after the
end of the Policy Period, of its election of the Optional Extended Reporting
Period set forth in Item 7. of the Declarations and include the corresponding
additional premium with such written election. Once in place, the Optional
Extended Reporting Period cannot be cancelled by the First Named Insured or
the Company and the additional premium shall be fully earned. The Optional
Extending Reporting Period must be endorsed onto this policy.
3. The Optional Extended Reporting Period applies to a Claim Mich is first made
against the Insured during the Optional Extended Reporting Period because of
a Breach of Professional Duty which first takes place on or after the
Retroactive Date shown in Item 6. of the Declarations and prior to the end of
the Policy Period. Such Claim must be reported to the Company, as soon as
practicable, but no later than (60) days after the end of the Optional Extended
Reporting Period. The Optional Extended Reporting Period shall commence at
the end of Policy Period.
4. If this policy is succeeded by another claims-made professional liability policy,
then coverage provided under the Optional Extended Reporting Period shall be
excess over such other professional liability policy.
5. The quotation of a different premium, Deductible or Self-Insured Retention,
limit(s) of insurance or differing terms and conditions for renewal does not
constitute a non-renewal for the purpose of this provision.
The Optional Extended Reporting Period shall not increase, reinstate or renew the
Limits of Insurance under this Policy.
N. OTHER INSURANCE
This insurance shall be excess over any other valid insurance, whether collectible or
not, and whether provided on a primary, excess, contingent or any other basis, provided
that such insurance is not specifically written to be excess over this policy.
O. SOLE AGENT
The First Named Insured is the appointed and irrevocable agent for all Insureds,
including, for the purpose of receipt of any notice of cancellation, notice of nonrenewal
(if applicable), negotiation and agreement to any endorsement and the payment or
return of any premium under this policy.
P. SUBROGATION
In the event of any payment under this policy, the Company shall be subrogated to all
the Insured's rights of recovery therefor against any person or organization and the
Insured shall execute and deliver instruments and papers and do whatever else is
necessary to secure such rights. The Insured shall do nothing after the Insured
becomes aware of a circumstance that reasonably could give rise to a Claim to
prejudice such rights. The Company agrees to waive this right of subrogation against
the client of the Insured to the extent that the Insured had, prior to a Claim, a written
agreement to waive such rights.
Q. SERVICE OF SUIT
LX4204(07/13) Page 13 of 15