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Contract 58039
CSC No. 58039 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 $524,685.00 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 OFFICIAL RECORD Park Vista—Keller Haslet to Timberland Standard Agreement for Engineering Related Design Services CPN 103281 Revised Date:November 23,2021 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 may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual City of Fort Worth,Texas 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, Inc. 2p2214;41 rnT; William Johnson Carl Krogness Assistant City Manager 44��A�aa� Vice President ��:! r T Via? Date:Aug 29, 2022 p�� °a°pay Date: Aug 25, 2022 tv° g=n ° ATTEST: , 7 e�r7�� a�b�EX ASov ]annetre S.Goodall Ipup,29.2922 Jiy Goodall City S OFFICIAL RECORD City Secretary APPROVAL RECOMMENDED: CITY SECRETARY By: FT. WORTH, TX Lauren Prieur Interim Director, TPW APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2022-909097 By: , 7 Douglas W Black M&C No.: 22-0632 Sr. Assistant City Attorney M&C Date: 08/23/2022 City of Fort Worth,Texas Park Vista—Heller Haslet to Timberland Standard Agreement for Engineering Related Design Services CPN 103281 Revised Date:November 23,2021 Page 14 of 15 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(Aug 25,2022 08:42 CDT) Mitch Aiton, PE Sr Professional Engineer OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 15 of 15 FORT'WVORM ATTACHMENT "A" Scope for Engineering Design Related Services for Arterial Improvements The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE Park Vista Boulevard from Keller Haslet Rd to 415 feet North of Timberland Scope includes the design and construction of 0.47 miles of 2 additional lanes of traffic to complete the ultimate 4-lane divided thoroughfare designated by the MTP, with curb and gutter, drainage, streetlights approximately every 200 feet, and 10-foot-wide shared paths Significant elements: No ROW acquisition or franchise utility relocation anticipated and will be confirmed in Conceptual Design. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design (30%) Task 3. Preliminary Design (60%) Task 4. Final Design (90% and 100%) Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services Task 9. Permitting Task 10. Quality Control/Quality Assurance TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team: Lead, manage and direct design team activities • Lead, manage and direct design team activities • Ensure Quality Control /Quality Assurance (QC/QA) is practiced in performance of the work. Refer to Task 10 for further details. • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting: 1.2.1. Attend one (1) constructability review meeting with CITY representatives, including Traffic Management, at the 60% submittal milestone City of Fort Worth,Texas Park Vista—Keller Haslet to Timberland Attachment A Release Date:07.22.2021 CPN 103281 Page 1 of 20 FORT'WVORM 1.2.2. Conduct and document monthly project update meetings with CITY Project Manager 1.2.3. Conduct review meetings with the CITY at the end of each design phase 1.2.4. Conduct and document biweekly design team meetings 1.2.5. Conduct QC/QA reviews and document those activities. Refer to Task 10 for further details 1.2.6. 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. 1.2.7. Prepare and submit monthly Project Status Reports in the format provided by the respective Transportation and Public Works Department. 1.2.8. Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. 1.2.9. 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 • Two (2)field review meetings • One (1) constructability review meeting during design • (9) monthly project update meetings during design phase • Three (3) plan review meetings • (18) biweekly design team meetings • All submittals to the City will be Quality checked prior to submission. • Project design phase is anticipated to take nine (9) months. • Project construction phase is anticipated to take nine (9) months. DELIVERABLES A. Meeting summaries with action items B. QC/QA documentation C. Monthly Project Status Reports D. Plan Submittal Checklists (See Task 10) E. Monthly invoices F. Monthly M/WBE Report Form and Final Summary Payment Report Form City of Fort worth,Texas Page 2 of 20 Attachment A Release Date:07.22.2021 Park Vista—Keller Haslet to Timberland Page 2 of 20 CPN 103281 FORT'WVORM TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection 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 Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) per Task 8. 2.3 Utility Clearance 2.3.1 ENGINEER will develop the design of CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. Where conflicts cannot be avoided, coordination of Utility Conflicts will begin at the Conceptual Design phase. 2.3.2 In the case of a public utility conflict, the ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. 2.3.3 In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for coordination. The ENGINEER may need to coordinate directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. 2.3.4 The ENGINEER shall upload a PDF file of the approved preliminary plan set to the designated project folder in the City's document management system (BIM 360)for forwarding to all utility companies which have facilities within City of Fort worth,Texas Page 3 of 20 Attachment A Park Vista—Keller Haslet to Timberland Release Date:07.22.2021 CPN 103281 Page 3 of 20 FORT'WVORM the limits of the project. The PDF file should be created directly from the CAD files. 2.4 The Conceptual Design Package shall include the following: 2.4.1 Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. 2.4.2 Quantity Summary page and each design sheet shall include a quantity take off table. 2.4.3 Conceptual iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site Development and Construction 2.4.4 SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. 2.4.5 PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table including storm drain Plan and Profile sheets from 2.2.3. 2.4.6 Existing typical sections of the roadway to be constructed along with proposed typical sections which outline the proposed improvements. Typical sections shall include existing and proposed ROW, existing and proposed lane widths and direction arrows, existing and proposed curbs, sidewalks, and retaining walls. 2.4.7 Conceptual plan and profile sheets (11"x17"— 1"=40') showing existing and proposed horizontal roadway alignments, existing and proposed ROW, existing and proposed sidewalks and driveways, proposed lane dimensions and lane arrows, existing drainage structures, city owned and franchise utilities, existing roadway vertical alignments (profiles), shared use path, and streetlight locations. 2.4.8 Conceptual Cross Sections 2.4.9 Documentation of key design decisions. 2.4.10 Opinions of probable construction cost. ASSUMPTIONS • All storm water calculations and design shall conform to the CITY current iSWM Criteria Manual for Site Development and Construction. • Three (3) sets of 11"x17" size plans will be delivered for the 30% design. • PDF files created from design CAD drawings will be uploaded to the designated project folder in the City's document management system (BIM 360). • ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Drainage Checklist B. Conceptual Design Package City of Fort worth,Texas Page 4 of 20 Attachment A Park Vista—Keller Haslet to Timberland Release Date:07.22.2021 CPN 103281 Page 4 of 20 FORT'WVORM C. Opinions of probable construction cost TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1 The Preliminary Design Drawings and Specifications shall include the following: 3.1.1 Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. 3.1.2 SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. 3.1.3 Quantity Summary page and each design sheet shall include a quantity take off table. 3.1.4 Preliminary iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site Development and Construction. 3.1.5 Preliminary General Construction Notes and specific notes for construction. 3.1.6 A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument#8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). 3.1.7 Updated existing and proposed typical section sheets. 3.1.8 Preliminary Demolition Plans for the removal of existing improvements. 3.1.9 Updated roadway plan and profile sheets displaying station and coordinate data for all horizontal alignment P.C.'s, P.T.'s, P.I.'s; station and elevation data of all vertical profile P.C.'s, P.T.'s, P.I.'s, low points, and high points; lengths of vertical curves, grades, K values, e, and vertical clearances where required. No less than two benchmarks per plan/profile sheet. Bearings given on all proposed centerlines, or baselines. Station equations relating utilities to paving, when appropriate. 3.1.10 Preliminary Grading plans and Intersection layout sheets including ROW lines, horizontal alignments, utilities, curbs, sidewalks, driveways, lane dimensions and arrows, and existing and proposed contours (0.25' intervals). 3.1.11 Preliminary roadway details to include curbs, curb expansion joints, driveways, sidewalks, pavement, streetlights, traffic signals and all applicable utility details. City of Fort worth,Texas Page 5 of 20 Attachment A Park Vista—Keller Haslet to Timberland Release Date:07.22.2021 CPN 103281 Page 5 of 20 FORT'WVORM 3.1.12 Preliminary Cross Sections 3.1.13 ENGINEER will delineate the watershed based on contour data and field verification and document existing street, right-of-way and storm drain capacities for the subject site. A drainage area map will be drawn at maximum 1" = 200' scale from available 2-foot contour data with the contours labeled. Data source and year will be provided by the CITY. Calculations regarding street and right-of-way capacities and design discharges (5-year and 100-year frequencies) at selected critical locations will be provided. Other frequencies as required by iSWM criteria may be appropriate for outfalls and sensitive locations. Capacities of existing storm drain will be calculated and shown. All calculations shall conform to CITY criteria delineated in the CITY's current iSWM Criteria Manual for Site Development and Construction. All locations in the project area where 100-year runoff exceeds available storm drain and right-of-way capacities shall be clearly identified. The ENGINEER's responsibility includes recommendations for improvements of the existing system as deemed reasonable and consistent with CITY standards. Include Record Drawing Reference for the existing system and drainage areas. 3.1.14 Storm drain layout sheets showing location and size of all inlets, manholes, junction boxes, culverts and piping to include storm drain profiles showing existing and proposed flow lines, flows, lengths and slopes of pipe, top of ground profile over pipe and connections to existing or proposed storm sewer systems. 3.1.15 Storm Drain Plan and Profile Sheets to same scale and requirements as the roadway plan and profile sheets including standard details and special details. 3.1.16 Preliminary signing, pavement marking, pavement marking removal, illumination, and pedestrian/shared use path layouts and applicable City Standard Details. 3.1.17 Documentation of key design decisions. 3.1.18 Opinions of probable construction cost. 3.2 Constructability Review • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 3.3 Public Meeting • After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, assist the project manager in preparing a presentation of the most appropriate format(most usually in Power Point), and attend one (1) public meeting to help explain the proposed project to residents. The CITY shall select a suitable location, time and date. The Engineer City of Fort worth,Texas Page 6 of 20 Attachment A Park Vista—Keller Haslet to Timberland Release Date:07.22.2021 CPN 103281 Page 6 of 20 FORT'WVORM needs to coordinate with the City's project manager to format the mailing list of all affected property owners. 3.4 Utility Clearance • 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. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs • Where conflicts cannot be avoided, coordination of Utility Conflicts will be identified at the Conceptual phase and begin at the Preliminary Design phase. • In the case of a private Utility Conflict, the ENGINEER shall upload a set of plans in PDF format with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts in the City's document management system (BIM 360). The PDF file should be created directly from the CAD files. At each design milestone, the City PM will issue a Utility Clearance Letter to be accompanied by said plans and table to all utility companies which have facilities within the limits of the project for coordination The ENGINEER may need to coordinate directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. • ENGINEER to obtain utility As-built plans and/or do field visits to confirm relocation is complete and that the utility has been relocated in accordance with the plans and the project needs, report any discrepancies found, and provide documentation to support findings. • ENGINEER to upload all utility As-built plans in the City's document management system (BIM 360) ASSUMPTIONS • Three (3) sets of 11"x17" size plans will be delivered for the 60% design for review coordination. • 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. ■ All other submitted documents and checklists • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • One (1) Public Meeting is assumed. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES City of Fort worth,Texas Page 7 of 20 Attachment A Park Vista—Keller Haslet to Timberland Release Date:07.22.2021 CPN 103281 Page 7 of 20 FORT'WVORM A. Preliminary Design drawings including QC/QA documentation B. Utility Conflict Coordination Package C. Preliminary Drainage Checklist D. Opinions of probable construction cost E. Public Meeting exhibits TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows:Final Draft(90%) Construction Plans and Specifications 4.1.1 Final draft construction plans (90%) and Project Manual shall be submitted to CITY per the approved Project Schedule. 4.1.2 The ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in the Utility Clearance Letter to be issued by the City PM. 4.1.3 Drainage Study checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction 4.1.4 A Quantity Summary page will be included, and each design sheet of the plans shall also include a quantity take off table. 4.1.5 The ENGINEER shall submit an estimate of probable construction cost. This estimate shall use standard CITY or TxDOT bid items, as applicable. 4.1.6 Documentation of key design decisions. 4.2 Final (100%) Plans and Specifications 4.2.1 Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%)to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. 4.2.2 Drainage Study checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction 4.2.3 A Quantity Summary page will be included, and each design sheet of the plans shall also include a quantity take off table. 4.2.4 The ENGINEER shall submit an estimate of probable construction cost. This estimate shall use standard CITY or TxDOT bid items, as applicable. 4.2.5 Documentation of key design decisions. ASSUMPTIONS • Three (3) sets of 11"x1 T' size drawings and one (1) set of the Project Manual will be delivered for the 90% Design package. City of Fort worth,Texas Page 8 of 20 Attachment A Park Vista—Keller Haslet to Timberland Release Date:07.22.2021 CPN 103281 Page 8 of 20 FORT'WVORM • A PDF and DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in the City's document management system (BIM 360). • One (1) sets of 11"x17" size drawings and one (1) set of specifications will be delivered for the 100% Design package. • A PDF and DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in City's document management system (BIM 360). DELIVERABLES A. 90% construction plans and specifications including QC/QA documentation. B. Utility relocation package. C. Final Drainage Checklist D. 100% construction plans and Project Manual including QC/QA documentation. E. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's or TxDOT's standard bid items and format, as applicable. F. Digital cover sheet for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES. The CITY reserves the right to bid the project either via traditional project bid to via unit price alternative delivery. ENGINEER will support the bid phase of the project as follows. 5.1 Bid Support 5.1.1 The ENGINEER shall upload all plans and contract documents onto the City's document management system (BIM 360)for access to potential bidders. • Project Manual shall be uploaded in a single PDF file • Bid Proposal Document of the Contract documents shall be uploaded in a file format of filename extension ".xis". • Unit Price Proposal documents are to be created utilizing the city's unit price tool only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, that will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to the City's document management system (BIM 360) in two formats, .pdf and .CAD files. The .pdf will consist of one file of the entire plan set. 5.1.2 If requested by prospective bidders, the ENGINEER will sell contract documents at a reasonable price to recover reproduction and document request fulfillment cost. The CITY will not sell hard copies of the contract documents. City of Fort worth,Texas Page 9 of 20 Attachment A Park Vista—Keller Haslet to Timberland Release Date:07.22.2021 CPN 103281 Page 9 of 20 FORT'WVORM 5.1.3 The ENGINEER will coordinate with the CITY PM to obtain received "Expressions of Interest"from prospective bidders and from uploaded Plan Holder Registrations in the City's document management system (BIM 360) by contractors. ENGINEER will maintain a plan holders list. 5.1.4 The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidder's questions and requests in the form of addenda. The ENGINEER shall upload all approved addenda onto the City's document management system (BIM 360) and email addenda to all plan holders. 5.1.5 Attend the pre-bid conference in support of the CITY. 5.1.6 Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. 5.1.7 When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. 5.1.8 Attend the bid opening in support of the CITY. 5.1.9 Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet are to be uploaded into the project's Bid Results folder on the City's document management system (BIM 360) 5.1.10 Incorporate all addenda into the contract documents and issue conformed sets. After the bid opening, ENGINEER will provide 5 full sets of plans, 7 half- size sets and 2 copies of the conformed Project Manual set incorporating all approved addenda. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • Construction documents will only be made available on the City's document management system (BIM 360)for plan holders and/or given to plan viewing rooms. • Construction documents will not be printed by the CITY and made available for purchase by plan holders and/or given to plan viewing rooms. • PDF and CAD files will be uploaded to the City's document management system (BIM 360). DELIVERABLES A. Addenda City of Fort worth,Texas Page 10 of 20 Attachment A Park Vista—Keller Haslet to Timberland Release Date:07.22.2021 CPN 103281 Page 10 of 20 FORT'WVORM B. Bid tabulations C. Recommendation of award D. Construction documents (conformed) E. CFW Data Spreadsheet TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support 6.1.11 The ENGINEER shall attend the pre-construction conference. 6.1.12 After the pre-construction conference, the ENGINEER shall provide project exhibits and attend one (1) public meeting to help explain the proposed project to residents. The CITY shall select a suitable location or media and mail notices to the nearby residents and other stakeholders. 6.1.13 The ENGINEER shall attend bi-weekly construction progress meetings during the duration of construction. The ENGINEER will prepare or collaborate with the CITY PM on a Construction Progress Report using the CITY's standard format and upload in the City's document management system (BIM 360). 6.1.14 The ENGINEER will meet with concerned citizens as needed in coordination with the CITY PM. 6.1.15 The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in the City's document management system (BIM 360). 6.1.16 As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, respond to Request for Information (RFI)from the contractor, review change orders, and make recommendations as to the acceptability of the work. The ENGINEER will meet with the Project Delivery Team and Contractor on-site to review any field changes. 6.1.17 The ENGINEER will coordinate with other TPW divisions and other departments as necessary. 6.1.18 The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list. 6.2 Record Drawings City of Fort worth,Texas Page 11 of 20 Attachment A Park Vista—Keller Haslet to Timberland Release Date:07.22.2021 CPN 103281 Page 11 of 20 FORT'WVORM • The ENGINEER shall prepare record drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. Information provided by the CITY may include, but is not limited to the following: o As-Built Survey o Red-Line Markups from the Contractor o Red-Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions • The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, in Adobe Acrobat PDF format (version 6.0 or higher) and in DWF format. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red-lined drawings shall be returned to the CITY with the digital files. • There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set, if required. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053—org3.pdf and K-0320—org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755—org18.pdf City of Fort worth,Texas Page 12 of 20 Attachment A Park Vista—Keller Haslet to Timberland Release Date:07.22.2021 CPN 103281 Page 12 of 20 FORT'WVORM Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in the City's document management system (BIM 360). For information on the proper manner to submit files and to obtain a file number for the project, the ENGINEER should coordinate with the City project manager. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • One (1) Public Meeting is assumed. • Six(6) site visits are assumed. • Twelve (12) Construction Progress Meetings • Twelve (12) submittal reviews are assumed. • Ten (10) RFI's are assumed. • One (1) Change Orders are assumed. DELIVERABLES A. Public meeting exhibits B. Construction Communication Plan C. Response to Contractor's Request for Information D. Review of Change Orders E. Review of shop drawings F. Final Punch List items G. Record Drawings in digital format TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Right-of-Way Research • The ENGINEER shall determine rights-of-way and easement needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2. Temporary Right of Entry Preparation and Submittal • Prior to construction, the ENGINEER should coordinate with the City project manager to identify all needed Temporary Right of Entries from landowners. It is assumed that letters will only be required for land owners adjacent to construction or who are directly affected by the project and no easement is required to enter their property. City of Fort worth,Texas Page 13 of 20 Attachment A Park Vista—Keller Haslet to Timberland Release Date:07.22.2021 CPN 103281 Page 13 of 20 FORT'WVORM • The documentation shall be provided in conformance with the checklists and templates available on the City's document management system (BIM 360) Project Resources folder. ASSUMPTIONS • Right-of-Way research includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on-ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD records, right-of-way takings, easement vacations and abandonments, right-of- way vacations, and street closures. DELIVERABLES A. Zero (0) Easement exhibits and meets and bounds provided on CITY forms. B. ROW and Easement parcel map C. Ten (10) Temporary Right of Entry cover letters D. Ten (10) Temporary Right of Entry documents TASKS. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: — A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: — The following information about each Control Point; a. Identified (Existing. CITY Monument#8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). City of Fort worth,Texas Page 14 of 20 Attachment A Park Vista—Keller Haslet to Timberland Release Date:07.22.2021 CPN 103281 Page 14 of 20 FORT WORM — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. — No less than two horizontal bench marks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. 8.2. Temporary Right of Entry Preparation and Submittal • The documentation shall be provided in conformance with the checklists and templates available on the City's document management system resources folder. 8.3. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE)to Quality Level D, C, B, and A, as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. Quality Level D • Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. • Collect applicable records (e.g., utility owner base maps, "as built" or record drawings, permit records, field notes, geographic information system data, oral histories, etc.) on the existence and approximate location of existing involved utilities. • Review records for: evidence or indication of additional available records; duplicate or conflicting information; need for clarification. • Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files, and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality level(s); end points of any utility data; line status (e.g., active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement. Quality Level C (includes tasks as described for Quality Level D) • Identify surface features, from project topographic data and from field observations, that are surface appurtenances of subsurface utilities. • Include survey and correlation of aerial or ground-mounted utility facilities in Quality Level C tasks. • Survey surface features of subsurface utility facilities or systems, if such features have not already been surveyed by a professional surveyor. If previously surveyed, check survey data for accuracy and completeness. • The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and City of Fort worth,Texas Page 15 of 20 Attachment A Park Vista—Keller Haslet to Timberland Release Date:07.22.2021 CPN 103281 Page 15 of 20 FORT WORM vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes. • Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. • Update (or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and Quality Level C information. • Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. • Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets. Level B (includes tasks as described for Quality Level C) • Select and apply appropriate surface geophysical method(s)to search for and detect subsurface utilities within the project limits, and/or to trace a particular utility line or system. • Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey. Utilize paint or other method acceptable for marking of lines. • Unless otherwise directed, mark centerline of single-conduit lines, and outside edges of multi-conduit systems. • Resolve differences between designated utilities and utility records and surveyed appurtenances. • Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. • As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, utilize other means of data collection, storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the project's survey control. Level A • Expose and locate utilities at specific locations. • Tie horizontal and vertical location of utility to survey control. • Provide utility size and configuration. • Provide paving thickness and type, where applicable. • Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. ASSUMPTIONS Up to Six (6) Level A test holes are included. City of Fort worth,Texas Page 16 of 20 Attachment A Park Vista—Keller Haslet to Timberland Release Date:07.22.2021 CPN 103281 Page 16 of 20 FORT'WVORM 6,000 LF of Level B. DELIVERABLES A. Drawing of the project layout with dimensions and coordinate list. B. SUE plan drawings sealed by a professional engineer registered in the State of Texas. TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows: 9.1 Texas Department of Licensing and Regulation (TDLR) • Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project. • ENGINEER is responsible for providing plans that are in compliance with TDLR requirements. • Submit construction documents to the TDLR • Completing all TDLR forms/applications necessary • Obtain the Notice of Substantial Compliance from the TDLR • Request an inspection from TDLR or a TDLR locally approved Registered Accessibility Specialist no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. • Responding to agency comments and requests • All costs associated with TDLR plan review and inspections are to be paid by the ENGINEER during the course of the project. 9.2 Storm Water Pollution Prevention Plan • For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP)with appropriate regulatory agencies. The Engineer will prepare the iSWM Construction Plan according to the current CITYiSWM Criteria Manual for Site Development and Construction which will be incorporated into the SWPPP by the contractor. 9.3 Tree Removal Permit • ENGINEER shall coordinate with the City Forester in the Park and Recreation Department, submit and obtain approval of a Tree Removal Permit when required. 9.4 Grading Permit • ENGINEER shall prepare all necessary forms and submit through Accela along with required documentation. City of Fort worth,Texas Page 17 of 20 Attachment A Park Vista—Keller Haslet to Timberland Release Date:07.22.2021 CPN 103281 Page 17 of 20 FORT WORM • ENGINEER shall respond and coordinate with the various City staff issuing comments and obtain approval of a Grading Permit. ASSUMPTIONS • Permit preparation will begin after approval of the Conceptual Design. • Three (3) meetings are assumed with Stormwater Management for Grading Permits and Stormwater Coordination. DELIVERABLES A. Copies of Permit Applications B. Copies of Approved Permits TASK 10. QUALITY CONTROL/QUALITY ASSURANCE ENGINEER to provide to the City a Quality Control/Quality Assurance Plan (QC/QA Plan) outlining the ENGINEER's method of ensuring the highest levels of design and accuracy are incorporated into the calculations, plans, specifications, and estimates. ENGINEER is responsible for and shall coordinate all subconsultant activity to include quality and consistency of plans. If, at any time, during the course of reviewing a submittal of any item it becomes apparent to the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may cease its review and return the submittal to the ENGINEER immediately for appropriate action. A submittal returned to the ENGINEER for this reason may be rejected by the CITY Project Manager. 10.1. QC/QA of Survey and SUE Data • The ENGINEER's Surveyor shall perform Quality Control/Quality Assurance on all procedures, field surveys, data, and products prior to delivery to the CITY. The CITY may also require the ENGINEER's Surveyor to perform a Quality Assurance review of the survey and/or subsurface utility engineering (SUE)work performed by other surveyors and SUE providers. • ENGINEER's Surveyor shall certify in writing via a letter that the survey information provided has undergone a Quality Control/Quality Assurance process. • ENGINEER's Subsurface Utility Engineering provider shall certify in writing via a letter that the SUE information provided has undergone a Quality Control/Quality Assurance process. 10.2. QC/QA of Design Documentation • ENGINEER shall perform a QC/QA review of all documents being submitted for review at all stages of the design including the 30%, 60%, and 90% and Final Document design review submittals. QA should be performed by an individual within the firm who is not on the design team. • ENGINEER is to acknowledge that each item on the Detailed Checklist has been included by checking "done" on the checklist. If a particular checklist item is not applicable, this should be indicated by checking "N/A". If an entire checklist is City of Fort worth,Texas Page 18 of 20 Attachment A Park Vista—Keller Haslet to Timberland Release Date:07.22.2021 CPN 103281 Page 18 of 20 FORT WORM not applicable, this should be indicated by checking every item on the list as "N/A" and still included with the submittal. The ENGINEER shall use the Detailed Checklist provided by CITY. • A Comment Resolution Log must be used to document conflicting comments between reviewers and to highlight comments made by the CITY that the ENGINEER is not incorporating into the design documents along with the associated explanation. The ENGINEER shall use the Comment Resolution Log provided by CITY. • The documentation of a QC/QA review includes (1) a copy of the color-coded, original marked-up document(or"check print") developed during the QA checking process and/or review forms which sequentially list documents and associated comments; and (2) a QC sign-off sheet with signatures of the personnel involved in the checking process. Mark-ups may also be documented using the Comment Resolution Log. • Evidence of the QC/QA review will be required to accompany all submittals. Documentation shall include, but is not limited to, the following items: - PDF of the completed Detailed Checklists - PDF of the QC/QA check print of the calculations, plans, specifications, and estimates demonstrating that a review has been undertaken; - PDF of previous review comments (if any) and the ENGINEER's responses to those comments in the Comment Resolution Log. • If any of the above information is missing, is incomplete or if any comments are not adequately addressed; the CITY may contact the ENGINEER and request the missing information. If the ENGINEER does not respond to the request within 24 hours, the CITY shall reject the submittal. No additional time will be granted to the design schedule for a returned submittal. ENGINEER shall plan to recover the lost time with future project milestones remaining unchanged. • If the ENGINEER has not adequately addressed the comments, the submittal shall be rejected and returned to the ENGINEER immediately to address the issues. ASSUMPTIONS • All submittals to the City will be Quality checked prior to submission. • A PDF of the QC/QA documentation will be uploaded to the project folder in the City's document management system (BIM360). DELIVERABLES A. QC/QA documentation City of Fort worth,Texas Page 19 of 20 Attachment A Park Vista—Keller Haslet to Timberland Release Date:07.22.2021 CPN 103281 Page 19 of 20 FORT WORM TASK 10. PLAN SUBMITTAL CHECKLISTS Engineer shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHECKLIST REQUIREMENTS Street Water Traffic Traffic Traffic Traffic Water Water (Submit (Submit Storm Storm Lights /Sewer Traffic Control Control Control o 0 0 Attachment"A" Signal Engineering 30/° 60/° 90/° Type (Submit All (Submit All @ 30%) 30% 60% All All @ @ 60%) Required for all work in City 30% 60%) ROW Street X X X X X. X X X X Storm Water X X X X X Water/Sewer *If included in street project 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 the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • Utility Conflict Plan PDF and Utility Conflict Table City of Fort worth,Texas Page 20 of 20 Attachment A Park Vista—Keller Haslet to Timberland Release Date:07.22.2021 CPN 103281 Page 20 of 20 ATTACHMENT B COMPENSATION Design Services for Park Vista Boulevard from Keller Haslet Rd to 415 feet North of Timberland 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%). 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. City of Fort Worth,Texas Attachment B Park Vista—Keller Haslet to Timberland PMO Official Release Date:8.09.2012 CPN 103281 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B Park Vista—Keller Haslet to Timberland PMO Official Release Date:8.09.2012 CPN 103281 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 / $472,385.00 90.0% Project Management Proposed MBE/SBE Sub-Consultants Gorrondona &Associates, Inc. Surveying Services $25,000.00 4.8% The Rios Group, Inc. SUE Services $27,300.00 5.2% Non-MBE/SBE Consultants TOTAL $524,685.00 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE 103281 — Park Vista Boulevard $524,685.00 $52,300.00 10.0% Keller Haslet to Timberland City MBE/SBE Goal = 10% Consultant Committed Goal = 10% City of Fort Worth,Texas Attachment B Park Vista—Keller Haslet to Timberland PMO Official Release Date:8.09.2012 CPN 103281 Page 3 of 4 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth,Texas Attachment B Park Vista—Keller Haslet to Timberland PMO Official Release Date:8.09.2012 CPN 103281 Page 4 of 4 B-4 co co m - Ez i § \ \ �§ - ■ § Mn a > � . � ! 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O O O N N O O A L Z C E �Z L OD 0 ao 00 0 o vNi M O w f q 0 RY yt�0 Cat Q.W VJ d' Z d Z oo c LU O=•�Sam A N N fD N N [�l N O N O N N R V O O O A 41 13YV o W JF E L A! O d y c � W {p a � �W O N N V N NNNO V O O mIN N room tp •� • •O m N mu ILa n o 0 0 0 0 0 Q L a o 3 12 LD E � N O• • a w K p 9 c0 .c y�_ 2 U W a ° ffi a F c o •m m_a E •w • ffi '•° H ° �° o. L a a.0 = p m �$N m3 0 m m m -m E m> m ° • •m E o t a w•m E w a a € q m o° Ak cy sa�f°m��gHo •K{,uo •,_]vex wq� ��� E aa�ffi£-..wm@sTro aim qm❑ a� 2ccc> 3 E35'2❑ W�� o ycomm a a •a ct°O aR x r m QR 4 4 a m c of E a�� €�a •$ No C7 C) K m KK H wOH(9 a�f3iJ @(7 OCO'1 CO'1 c� le g d NM a v�fgr m yip Y• .... .....N �N O1 VW*� OrO•J •• � m r ao r�m 3 m m_ o m WEO L�S¢a ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Park Vista Boulevard from Keller Haslet Rd to 415 feet North of Timberland City Project No. 103281 NO CHANGES. City of Fort Worth,Texas Park Vista—Keller Haslet to Timberland CPN 103281 Attachment C PMO Release Date:05.19.2010 Page 1 of 1 r m hl IO W N r L �a �U M S 91 M ■ 7 fu a + Y v o — a � a rZ M N Lo r- W 9n rl r1 M N m w c CCm - A N N N N rry M rq M M M m m rA u`7 m M M ''l N rmv m M w N N m N m M M N N m !•+"! N N N N N N M N N 1 rl rl N N 40N N Ill 1� O N O 111 rF i-.I r4 N N rl rl � � � Ill F4 i-1 7� r1 ri rl vi ri ri r1 ri r4 M C -�y o H ra C pQ L L "C W � o v w w � C C a o a v a w o o a o m as �+ . LL � W. r I. N N N ly I N N rV N N N N �''•� N N M M N N N N N N N - M m m M m m m ri ro m m us LnIl9 N r.l rl r s N +-' I -- � �"I f4 N N N N N Il'1 C C5 O O O N N N N Ln Ln a-I N rV N a dl r-[ rl rl rl N rl l0 rl rl � rl rl rl � � N rt E= e c c '� '� to m c al rn al .a al -4 4 c o o o o a w m a1 4s a 41 4) ql y y 41 c LO zi b �ry fG .h ? W }• ? y w ? }• p } fn } ca !v ra fn is to Ia to to m !c m 10 m ¢ ° ti fb N [n 16 rn *qy 'a3 '� d O O O Ln O rr-1 4 � p O N m C1 IA Lrl N 4 N %1-4D N N t vY ii ho LLJ C C _ CIO y r v c ~ °k f4 u as as Q H 73 c o W L a N v y ° w 2 fi to �; 3 v w m F 4 'to L nl ry L• c E w W N 7 40 1"n m Y y L a L l + 41 n H Ln to S — — a •�° c ra cl y y c a m �a Q E u y +j ❑ Ct. 4 L c U C O LCL `� Q 7 .� w dLA G C 4�Y 9J [Uj }• Vi 'uf ; O c 9G1 Vea SJa O 10 Ww Uia _aRu tC, CN ° th ticl C �n �w w'� VM� L Euo "v� W E C w p 6 4 c m as O +r �i r v a ii a a aC m 7 l� T w N N m m m w m V � fu 0 p r ` � N ATTACHMENT E CPN: 103281 - Park Vista Blvd from Keller Haslet to Timberland 17 LU ^LITTLE, �. . U_ � r j r BEfVD. j�e KE "ER HASLET RD �' ti � LACEBARK LN � 4 � I a �C' - "". • j_ .{' MOUN05 TAIL=LN K _ f a MARTINGAL'EJVIEW C 0 to �� P IV. •LI N DR r �� � '� l k, w z ERa�A1R1� LL D r �• Y a . 0p SY M0 r L 031 me r¢ TIMBERLANDmBLVDmw_- z - - - - { A HAVEN DR 0 �f i 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,directorsand 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 Pequirements 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,directorsand 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 Pequirements 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 coincident with 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 Pequirements 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: 607554141-6 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: sROwN 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: 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. 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. n a 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 PROJECTS 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 Premises 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. ZZ 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: n a 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: 6075541416 Page 17 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. 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 INSURED 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 d Copyright Insurance Services Office, Inc., 2011 POLICY NUMBER: 6075541433 CNA Business Auto Policy Policy Endorsement ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY 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 I10-2012i 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 d 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) 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 d Copyright Insurance Services Office, Inc., 2011 POLCY NUMBER: 6075541433 CNA Business Auto Policy Policy Endorsement NOTICEOF • 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 IO2-2013h Policy No: 8UA 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 d 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 ' TEXAS WAIVER OF OUR • RECOVER FROMOTHERS 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 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 LIMIMIKY-W1111 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:CNA75504XX (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 d 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:CNA75604XX (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 d 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 d Copyright CNA All Rights Reserved. POLICY NUMBER: 6075541464 CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement ' DAYS NOTICEENDORSEMENT 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 (03-2015) Policy No:CUE 6076541464 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 d 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 which 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 8/25/22,8:38 AM M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORTH_ �4 Create New From This M&C DATE: 8/23/2022 REFERENCE **M&C 22- LOG NAME: 20PARK VISTA BOULEVARD NO.: 0632 DESIGN CONTRACT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (CD 7)Authorize Execution of an Engineering Agreement with BGE, Inc. in the Amount of $524,685.00 for Design of Park Vista Boulevard from Keller Haslet Road to Timberland Boulevard RECOMMENDATION: It is recommended that the City Council authorize execution of an engineering agreement with BGE, Inc. in the amount of$524,685.00 for design of Park Vista Boulevard from Keller Haslet Road to Timberland Boulevard (City Project No. 103281). DISCUSSION: This Mayor and Council Communication (M&C) is to authorize the preparation of plans and specifications for the construction of Park Vista Boulevard from Keller Haslet Road to Timberland Boulevard project(City Project No. 103281). Park Vista Boulevard from Keller Haslet to Timberland Boulevard will include 4-lane concrete road, divided median, drainage improvements, illumination improvements, ten-foot sidewalks and ADA improvements. BGE, Inc. proposes to provide design services and analysis for the project for a fee of$524,685.00. Staff considers the proposed fee to be fair and reasonable for the scope of services proposed. In April 2020, the Transportation and Public Works Department(TPW), Capital Delivery Division, published a Request for Qualifications (RFQ)for various engineering consulting services. Fifty-five consultants responded to the RFQ for the Planning, Design and Construction Services for Arterial Improvement Projects area with Statements of Qualifications (SOQ). An evaluation team of City staff subject matter experts from the Capital Delivery Division of TPW scored the SOQ's based on company experience, prior projects, workload, and team experience. A pool of twelve consultants were prequalified for Arterial projects based upon these scores. In an effort to match consultants with projects specific scope, TPW asked the consultants to submit a response to a Request for Additional Information (RFAI) highlighting their experience with Roundabouts, Major Drainage Crossings, Railroad Crossings, Bridges and TxDOT Coordination among other potential project elements. Respondents to the RFAI were scored and based on this scoring, BGE Inc. was selected as the most qualified consultant to perform design services for this project. The following table demonstrates the funding history for the project. Fund Existing Funding Project Total 30104— Developer Contribution $250,000.00 $250,000.00 30108 - Transportation Impact Fee Cap $1,200,000.00 $1,200,000.00 Project Total $1,450,000.00 $1,450,000.00 Construction of Park Vista Boulevard is anticipated to begin in Spring 2024. Funding for this project is being provided from Transportation Impact Fees and Developer contribution (M&C 21-0500). apps.cfwnet.org/council_packet/mc_review.asp?ID=30185&councildate=8/23/2022 1/2 8/25/22,8:38 AM M&C Review BGE, Inc. is in compliance with City's Business Equity Ordinance by committing 10\% Business Equity participation on this project. The City's Business Equity goal on this project is 10\%. The Project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Transportation Impact Fee Cap Fund for the Park Vista Blvd project to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# 7mount I ID I ID I I Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Dana Burghdoff(8018) Originating Department Head: William Johnson (7801) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 103281 Park Vista MC Map.pdf (Public) 20PARK VISTA BOULEVARD DESIGN CONTRACT funds availabilitypdf (CFW Internal) 220715 Comp memo for 103281 Park Vista - Keller Haslet to Timberland nw.pdf (CFW Internal) BGE Form 1295 103281.pdf (CFW Internal) M&C FID 103281.xlsx (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=30185&councildate=8/23/2022 2/2 FORT WORTHH) Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Park Vista Boulevard Design Contract M&C: 22-0632 CPN: 103281 CSO: N/A DOC#: N/A Date: 8/19/2022 To: Name Department Initials Date Out 1. Mohammad Khan TPW-Approval M=K Aug 25, 2022 2. Mitch Aiton TPW- Signature MA Aug 25, 2022 3. Sophia Gatewood Risk Mg -Approval Aug 25, 2022 4. Carl Krogness BGE - Signature KCOK Aug 25, 2022 5. Raul Lopez TPW-Approval Aug 25, 2022 6. Lissette Acevedo TPW-Approval Aug 25, 2022 7. Martin Phillips TPW-Approval 414 Aug 26, 2022 AAP 8. Lauren Prieur TPW- Signature «P Aug 26, 2022 9. Priscilla Ramirez Legal-Approval Aug 26, 2022 10. Doug Black Legal- Signature Aug 29, 2022 11. William Johnson CMO- Signature - Aug 29, 2022 12. Jannette Goodall CSO - Signature Aug 29, 2022 13. TPW Contracts CC: Program Manager,Sr.CPO,TPW BSPAP Recon Team,TPW Records Room,TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip,David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ®No SAME DAY: ❑YES ®No NEXT DAY: ❑YES ®No ROUTING TO CSO: ®YES ❑No Action Required: ❑ Attach Signature, Initial and Notary Tabs ❑ As Requested ® For Your Information M&C ® Signature/Routing and or Recording ® Comment ❑ File Return To: Please notify TPWContracts(i�fortworthtexas.i!ov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you!