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HomeMy WebLinkAboutContract 60204CITY OF FORT WORTH, TEXAS CSC No. 60204 STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality ("CITY"), and LJA Engineering, Inc. authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Neighborhood Park Improvements at Chuck Silcox, Lebow and Westhaven Parks — Project No. 104701, 104702, 10473. 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 $207,500.00 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. The ENGINEER shall provide monthly invoices to CITY. 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 Standard Agreement for Engineering Related Design Services Page 1 of 15 2023 Chuck Park Silcox Park, Lebow Park, and Westhaven Park 104701, 104702, 104703 OFFICIAL RECORD 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 competent engineers. 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 2023 Chuck Park Silcox Park, Lebow Park, and Westhaven Park Standard Agreement for Engineering Related Design Services 104701, 104702, 104703 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. F. Opinions of Probable Cost, Financial Considerations, and Schedules City of Fort Worth, Texas 2023 Chuck Park Silcox Park, Lebow Park, and Westhaven Park Standard Agreement for Engineering Related Design Services 104701, 104702, 104703 Page 3 of 15 (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. Business Equity Participation City of Fort Worth, Texas 2023 Chuck Park Silcox Park, Lebow Park, and Westhaven Park Standard Agreement for Engineering Related Design Services 104701, 104702, 104703 Page 4 of 15 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 effect as of the time copying is performed. City of Fort Worth, Texas 2023 Chuck Park Silcox Park, Lebow Park, and Weslhaven Park Standard Agreement for Engineering Related Design Services 104701, 104702, 104703 Page 5 of 15 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 respondent 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. P. Schedule City of Fort Worth, Texas 2023 Chuck Park Silcox Park, Lebow Park, and Westhaven Park Standard Agreement for Engineering Related Design Services 104701, 104702, 104703 Page 6 of 15 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. F. Asbestos or Hazardous Substances Release. City of Fort Worth, Texas 2023 Chuck Park Silcox Park, Lebow Park, and Westhaven Park Standard Agreement for Engineering Related Design Services 104701, 104702. 104703 Page 7 of 15 (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. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required City of Fort Worth, Texas 2023 Chuck Park Silcox Park, Lebow Park, and Westhaven Park Standard Agreement for Engineering Related Design Services 104701. 104702, 104703 Page 8 of 15 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. D. Termination (1) This AGREEMENT may be terminated City of Fort Worth, Texas 2023 Chuck Park Silcox Park, Lebow Park, and Westhaven Park Standard Agreement for Engineering Related Design Services 104701, 104702, 104703 Page 9 of 15 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 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 City of Fort Worth, Texas 2023 Chuck Park Silcox Park, Lebow Park, and Westhaven Park Standard Agreement for Engineering Related Design Services 104701, 104702, 104703 Page 10 of 15 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. 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. City of Fort Worth, Texas 2023 Chuck Park Silcox Park, Lebow Park, and Westhaven Park Standard Agreement for Engineering Related Design Services 104701, 104702, 104703 Page 11 of 15 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 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 City of Fort Worth, Texas 2023 Chuck Park Silcox Park, Lebow Park, and Westhaven Park Standard Agreement for Engineering Related Design Services 104701, 104702, 104703 Page 12 of 15 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 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 City of Fort Worth, Texas 2023 Chuck Park Silcox Park, Lebow Park, and Westhaven Park Standard Agreement for Engineering Related Design Services 104701, 104702, 104703 Page 13 of 15 Date: Oct 3, 2023 ATTEST: C Jannette Goodall City Secretary 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: CITY OF FORT WORTH Jesica McEachern Assistant City Manager p�FORT�!°a o %op-�°d �o ago o=d °op� goo Qa �d oa�� dEa°'S44p Katherine Cenico[a (Oct3, 2023 11:45 CDT) BY: ENGINEER LJA Engineering, Inc —A- Thomas Meurer (Sep 20, 202308:23 CDT) Thomas Meurer, PLA Director Date: Sep 20, 2023 APPROVAL RECOMMENDED: By: )g9v fa-, 75�i- Dave Lewis Acting Director Park & Recreation Department APPROVED AS TO FORM AND LEGALITY t By: Jeremy Anato-Mensah Assistant City Attorney Contract Compliance Manager: Form 1295 No. 2023-1021908 M&C No.: 23-0778 M&C Date: 9/12/23 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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. City of Fort Worth, Texas 2023 Chuck Park Silcox Park, Lebow Park, and Westhaven Park Standard Agreement for Engineering Related Design Services 104701, 104702, 104703 Page 14 of 15 Seth Henry Landscape Architect Park & Recreation Department City of Fort Worth, Texas 2023 Chuck Park Silcox Park, Lebow Park, and Westhaven Park Standard Agreement for Engineering Related Design Services 104701, 104702, 104703 Page 15 of 15 Official site of the City of Fort Woith, Texas CITY COUNCIL AGENDA FORTH Create New From This M&C REFERENCE **M&C 23- 80CHUCK SILCOX, LEBOW & DATE: 9/12/2023 NO.: 0778 LOG NAME: WESTHAVEN PARKS ENGINEERING SERVICES CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 2, CD 6, and CD 7) Authorize Execution of an Engineering Agreement with LJA Engineering, Inc., in the Amount of $207,500.00 for Engineering Related Professional Services for Improvements at Three (3) Neighborhood Parks: Chuck Silcox Park, Lebow Park and Westhaven Park (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize the execution of an engineering agreement with LJA Engineering, Inc., in the amount of $207,500.00 for engineering related professional services for improvements at three (3) neighborhood parks: Chuck Silcox Park (City Project No.104701), Lebow Park (City Project No.104702), and Westhaven Park (City Project No.104703). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an engineering agreement with LJA Engineering, Inc., in the amount of $207,500.00. Project scope includes the master planning, 100\% engineering design, and construction administration services for three (3) neighborhood parks: Chuck Silcox Park, Lebow Park, and Westhaven Park. Park amenities to be built at these three neighborhood parks will include, but not limited to, playgrounds, picnic shelters and site furnishings, walking trails, practice athletic fields, security lighting, and supporting infrastructure and equipment. Total project funding for the three neighborhood parks is as follows: Park II 2022 Bond it PARD Dedication II Total Project Program I Fees Fund Budget l Chuck Silcox I Park I $250,000.001 $75,000.O1 $325,000.001 Lebow Park $750,000.00� $62,784.001 $812,784.001 Westhaven Park II $750,000.00 $0.00 $750,000.00 Total 11 $1,750,000.001 $137,784.0011 $1,887,784.001 This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). LJA Engineering, Inc. is in compliance with the City's Business Equity Ordinance by committing to 34\ % MWBE participation on this project. The City's MWBE goal on this project is 15\% The playground facilities are located in Council Districts 2, 6 and 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program Fund and the PARD Dedication Fees Fund, 22 Bond Chuck Silcox Project, 22 Bond Lebow Park Project, and the 22 Bond Westhaven Park Project, to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Park & Recreation Department has the responsibility to validate the availability of funds. TO Fund Department Account I Project f Program I Activity I Budget I Reference # Amount ID ID I Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount j ID I I ID I I Year (Chartfield 2) I J Submitted for Citv Manaaer's Office bv: Jesica L. McEachern (5804) Oriainatina Department Head: Dave Lewis (5717) Additional Information Contact: Joel McElhany (5745) ATTACHMENTS 2023.05.22 Fort Worth Park Improvement Schedule.odf (Public) 80CHUCK SILCOX. LEBOW & WESTHAVEN PARKS ENGINEERING SERVICES.xlsx (CFW Internal) 80LJA Enineerina Silcox Lebow Westhaven.xlsx (CFW Internal) Attachment A-E.odf (Public) Citv of Fort Worth Form 1295 Certificate 101049600.odf (CFW Internal) Sianed Business Eauitv Goal 8.23.23 AI.Ddf (CFW Internal) Attachment A Scope of Services PROJECT DESCRIPTION The scope of this project includes the development of construction documents for the park improvements at Chuck Silcox Park, Lebow Park and Westhaven Park. The scope of work includes the removal of the existing trees, the installation of new pavement, workout stations, child play areas, shade structures, seating and trash receptacles and water crossings. Scope items for the engineer include design and preparation of construction documents, construction administration and project close-out assistance. The estimated combined construction budget for the three (3) parks' improvements is $1,268,378. The Engineer shall prepare construction documents and cost opinion, ensuring that the site is designed within the specified park budget. Schedule Overview The CITY currently anticipates the following schedule for ENGINEER's completion of final construction documents for bidding: Design (30/60/90/100% Sealed Construction Docs) Construction Phase LANDSCAPE ARCHITECTURE SERVICES Coordination/Management/Communic ation ENGINEER shall perform the following tasks: September 2023 — February 2024 May 2024 — November 2024 A. Attend one (1) project kick-off meeting (two-hour duration) with the CITY to review project scope, schedule, deliverables, status reporting, communications, and expectations for the project. Attachment A - Scope of Services 2023 Chuck Silcox Park, Lebow Park and Westhaven Park Page 1 of 12 104701,104702, 104703 B. Lead and manage the ENGINEER and sub -consultant design team throughout the project. C. Communicate regularly by phone and email with CITY staff D. Provide to the CITY a one -page project status report on the last business day of each month throughout the project. E. Participate in meetings with CITY staff as noted specifically in each task described below. F. Basic services for each bid set shall include preparation of design submittals, construction documents, project manual and cost opinion documents. Project design duration is anticipated to be approximately six (6) months (180 Calendar days). G. Special Services shall be those services necessary to provide appropriate design guidelines for the design/construction documents. (i.e.; topographic survey, etc.) These are described in greater detail below. 2. Data Review/Site Visit/Base Map ENGINEER shall perform the following tasks: A. Gather and review available relevant project data provided by CITY and other sources. B. Visit the project site to observe and photographically document existing conditions as necessary for completion of the project. Scope includes up to two site visits per park. C. Prepare a project base map for the project utilizing sheet format provided by CITY, ENGINEER's special survey data, relevant project data, and latest Google Earth or other available aerial photographic imagery. The project base map shall be suitable for use in both 22 inch x 34 inch (full-size) and 11 inch x 17 Attachment A - Scope of Services 2023 Chuck Silcox Park, Lebow Park and Westhaven Park Page 2 of 12 104701.104702. 104703 inch (half size) format with black and white line work (and with full -color aerial photo background which can be turned on or off as requested by CITY). D. Attend one (1) meeting (two-hour duration) with the CITY to review project data, site photos, base map Note: City Project Manager will coordinate public input for the site, engineer to provide 'extra' service cost for attendance of public meeting (if required) for site amenity items. See task item 10 for optional public involvement scope. 3. Schematic (30% Design) LANDSCAPE ARCHITECT shall perform the following tasks: A. Engineer will prepare Construction Documents (CD's) for the proposed park improvements and submit to the CITY at an approximate 30% level of completion. a. Reference Clarifications and Exclusions for Construction Document Scope. B. Based upon the 30% CD's, Engineer will prepare an OPCC for the proposed improvements to be included in the Bid and Construction Document Package. C. Engineer will attend one (1) meeting with the CITY to review the 30% CD's and the 30% OPCC to confirm the overall design and obtain CITY approval before proceeding into the 60% CD level documents. The ENGINEER will take the comments and input from the CITY and incorporate those in the 60% CD's. Note: All improvements will follow applicable City of Fort Worth standards and details, unless directed otherwise. Park Facility Standards will be provided by the CITY. All other required standards will need to be researched, verified, and acquired separately. 4. 60 % Construction Documents LANDSCAPE ARCHITECT shall perform the following tasks: A. Prepare and submit 60% design/construction documents for all anticipated park improvements to the CITY for review. These documents shall incorporate CITY comments and input from the previous review of project data and Attachment A - Scope of Services 2023 Chuck Silcox Park, Lebow Park and Westhaven Park Page 3 of 12 104701,104702, 104703 existing stie conditions. a. Reference Clarifications and Exclusions for Construction Document Scope B. The design/construction documents shall plan and instruct the installation of park improvements, as based on the approved Schematic Design plans. C. 60% design/construction documents will be required for: a. Design/construction plans b. Anticipated technical specifications (outline only) c. Detailed opinion of probable costs D. Attend a meeting with the CITY to discuss CITY review comments regarding the 60% submittal and obtain CITY input prior to LANDSCAPE ARCHITECT's preparation of 90% construction documents. 5. 90% Construction Documents A. Prepare and submit 90% design documents for all anticipated park improvements at both sites to the CITY for review, incorporating previous CITY review comments and input. An opinion of probable cost will be prepared a. Reference Clarifications and Exclusions for Construction Document Scope B. 90% design/construction documents will be required for: a. Design/construction plans b. Anticipated technical speifications (approximated final copies) C. Attend a meeting with the CITY to discuss CITY review comments regarding the 90% submittal and obtain CITY input prior to LANDSCAPE ARCHITECT's preparation of 100% final construction documents. 6. 100% Preliminary -Final Construction Documents LANDSCAPE ARCHITECT shall perform the following tasks: A. Prepare and submit 100% preliminary -final design documents for all Attachment A - Scope of Services 2023 Chuck Silcox Park, Lebow Park and Westhaven Park Page 4 of 12 104701,104702, 104703 improvements at both sites to the CITY for review, incorporating previous CITY review comments and input. An opinion of probable cost will be prepared a. Reference Clarifications and Exclusions for Construction Document Scope B. 100% preliminary -final design documents required, will be: a. Cover sheet (template to be supplied by CITY) b. Design/construction plans c. Final technical specifications (considered ready for bidding documents) C. Incorporate any remaining comments and input from CITY regarding the 100% preliminary -final submittal prior to LANDSCAPE ARCHITECT's submittal of final sealed and signed construction documents for bidding advertisement by CITY. D. Submit plans to a Texas Licensed Registered Accessibility Specialist (RAS) for review and inspection upon construction completion. 7. Sealed Construction Documents for Bidding LANDSCAPE ARCHITECT shall perform the following tasks: A. Submit sealed and signed bid set design documents for all improvements to CITY for bidding advertisement, incorporating previous CITY review comments and input. These improvements shall include all of the elements from the previous task. Provide documents in PDF and DWG format as applicable. B. Bidding design/construction documents shall include the following: a. Sealed design/construction plans b. Sealed page for final technical specifications c. Detailed opinion of probable costs for all planned improvements 8. Bid Phase Assistance LANDSCAPE ARCHITECT shall perform the following tasks: A. Prepare and submit written responses to bidder requests for information (RFI's), through CITY B. Attend pre -bid conference, in support of the CITY Attachment A - Scope of Services 2023 Chuck Silcox Park, Lebow Park and Westhaven Park Page 5 of 12 104701,104702, 104703 C. Assist the CITY with bid analysis, bid tabulation, and bid award recommendation 9. Construction Phase Assistance LANDSCAPE ARCHITECT shall perform the following tasks: A. Attend the pre -construction conference, in support of the CITY B. Review up to 20 product submittals and shop drawings C. Attend on -site construction coordination/status meetings as requested by CITY during construction phase of project. Anticipated to be one (1) per month for a maximum of six (6). D. Participate in final walk-through E. Inspection of project improvements by a Texas Licensed RAS. 10. Public Input Meeting Engineer to attend one (01) public input meeting per park and assist the city project manager in leading talks with the public, answering questions, and providing design input. Display graphics can be provided as an additional service. SURVEY SERVICES 11. Topo Survey Engineer will provide a Topographic Survey for the entire park space. The proposed topographic survey will include all areas that are anticipated to be included in the construction document work. The topographic survey will include the locations and elevations of the above ground features such as existing streets, trails and walks, fences, light poles, drainage features, readily visible utility components, etc. A. Engineer deliverables include: a. Sheet format: 2204 sheets at appropriate scale b. PDF and CAD format Attachment A - Scope of Services 2023 Chuck Silcox Park, Lebow Park and Westhaven Park Page 6 of 12 104701,104702, 104703 12. Tree Survev Identify species, size, stem designation, and field -tie location of all trees within the designated area that are a minimum 6-inch diameter and larger as measured breast height. GEOTECH SERVICES 13. Geotechnical Evaluation LJA shall retain the services of a Geotechnical Engineer to provide borings on site and prepare a Geotechnical Evaluation based on their findings for the design of structural components and structural systems to achieve design goals. Scope includes one boring at the proposed pavilion site. CLARIFICATIONS AND EXCLUSIONS 1. Services and work products by ENGINEER beyond those specifically described above are not included in the project unless mutually agreed to by CITY and ENGINEER in writing prior to performance of such services. 2. CITY shall provide review, coordination, and submittals related to historic resources. 3. CITY shall provide review, coordination, and submittals related to tree preservation ordinance requirements. 4. CONSTRUCTION DOCUMENTS SCOPE Based upon Client approved Schematic Design, prepare construction documents for the Proposed Improvements at 30%, 60%, 90%, and 100% milestones for approval by the Client. Upon completion of the plans, process the plans through the City for approval. This task includes the following drawings and deliverables: Demolition Plan — Prepare the demolition plan for existing site features that will be removed, preserved, or relocated for the project in conjunction with the site improvements. Attachment A -Scope of Services 2023 Chuck Silcox Park, Lebow Park and Westhaven Park Page 7 of 12 104701,104702, 104703 a. Erosion Control Plan — Prepare the erosion control plan in conjunction with the site improvements and drainage design. This task is for the preparation of design drawings and associated details only. The most current TCEQ requirements for the design of silt fence, erosion control logs, rock filter dams, and construction entrances will be used as required. b. Dimension Control and Site Layout — Provide horizontal control, typical dimensions, standard details, and notes required for the layout of proposed improvements. C. Site Grading — Prepare a grading plan that includes the notes and details required to allow grading for proposed improvements. The grading plan will show existing and proposed contour lines and spot elevations, along with existing utility information. d. Planting Plan — Prepare the Planting Plans, Details and Notes required to show all plantings areas and arrangement of plant materials as required by the Client and the overseeing public agency. The quantity, species, size and spacing of all materials will be specified in a plant legend/schedule on the plan. e. Lighting Plan - Prepare a landscape lighting plan to include identification and location of light fixtures / installation to be turnkey by installer. This includes schematic layout and fixture recommendations only and excludes any site electrical engineering design. f. Technical Specifications — Provide specifications following the Standard CSI Format. Specifications will be submitted at the 60%, 90% and 100% submittal milestones, as mentioned in the City standard scope. The provided specifications will include all necessary technical specification for the proposed improvements. GENERAL CONDITIONS This Scope is based on the following General Conditions: • All negotiations and coordination with adjoining property owners will be by Client. • All research for the boundary survey including easements, adjoining deeds, etc., will be provided by the Client's title company or will be performed by an outside deed research company and billed as a reimbursable expense. Attachment A - scope of Services 2023 Chuck Silcox Park, Lebow Park and Westhaven Park Page 8 of 12 104701,104702, 104703 • Contract documents will be prepared by others. • Franchise utility coordination will be by others. • Site will be developed in accordance with City of Fort Worth Parks and Recreation design standards • Site will be mowed by Client prior to design surveys or verifications. Contractor shall be responsible for protecting stakes. • Any additional work not specifically included in the Proposed Scope of Work will be accomplished as Additional Services. • For client generated changes to the design once Construction Document Preparation is in progress, time will be billed at an hourly rate (or an agreed upon lump sum) until the work is at the same level of completion as it was prior to the change. • The Client shall, in a timely manner, provide full information regarding the requirements of the project, including design objectives, constraints and criteria, and any other relevant information; shall designate a representative to act on Client's behalf to examine the documents or the work as necessary and to render decisions related thereto in a timely manner so as to avoid unreasonable delays; and shall furnish all services required for the expeditious completion of the project which are not part of LJA services to be provided under this agreement. • The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as Landscape Architects in Texas. The Board's address and phone is P. 0. Box 12337, Austin, TX 78711, phone: 512-305- 9000, fax: 512- 305-8900. The Board's web site address is www.tbae.state.tx.us. COMPENSATION SCHEDULE (00) PARK IMPROVEMENTS LANDSCAPE ARCHITECTURE SERVICES 01 Coordination/Management/Communication Lump Sum 02 Data Review/Site Visits/Base Map 03 Schematic (30% Design) 04 60% Construction Documents 05 90% Construction Documents 06 100% Preliminary -Final Construction 07 Sealed Construction Documents for Bidding 08 Bidding Assistance 09 Construction Phase Assistance 10 Public Meeting Attendance Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum $5,500 $6,000 $13,000 $28,000 $22,000 $13,000 $7,000 $1, 500 $5,250 $3,500 Attachment A - Scope of Services 2023 Chuck Silcox Park, Lebow Park and Westhaven Park Page 9 of 12 104701,104702, 104703 SURVEY SERVICES 11 Topographical Survey 12 Tree Survey 13 Geotechnical Evaluations *$24,000 provided by MWBE firm **$12,000 provided by MWBE firm ***$35,750 provided by MWBE firm ADDITIONAL SERVICES Lump Sum $44,000* Lump Sum $23,000** Lump Sum $35,750*** TOTAL $207,500 Compensation for Additional Services not listed herein or services required due to change in municipal ordinances and/or State legislation will be billed on a time and materials basis in accordance with LJA Standard Rate Schedule below or on a lump sum basis agreed upon at the time the work is authorized. • Revisions to the plans requested by the Client after the plans are approved, unless necessitated by discrepancy in the plans • Design of areas outside the limits of the defined project site • Tree Mitigation Plans • Public meetings or hearings • Additional graphic products needed for marketing or public meetings • Additional meetings or workshops not identified in the project scope of services • Negotiations with adjacent property owners • On -site inspections during construction or other construction services • Architectural services • Arborist services • Structural Engineering • Irrigation Design or Specifications • Civil Engineering Services • Electrical engineering for site lighting or irrigation controller location(s) (assumed turnkey by installer or others) • Redesign of project in attempt to reduce construction costs (after completion of Construction Documents) • As -built surveys • Applying for and obtaining construction permits (typically completed by contractor) Attachment A - Scope of Services 2023 Chuck Silcox Park, Lebow Park and Westhaven Park Page 10 of 12 104701,104702, 104703 BILLING RATES LABOR CATEGORY Department Head (VP, Division Manager) Senior Consultant Director Group Manager Sr. Project Manager Project Manager Senior Project Engineer Professional Engineer (Project Engineer, APM) Graduate / Design Engineer Sr. Civil Designer Civil Designer Sr. Planner Planner Sr. Landscape Architect (Studio Lead) Landscape Architect Landscape Designer Sr. Construction Manager Construction Manager Resident Project Representative Construction Engineer Construction Inspector GIS Developer GIS Analyst Survey Project Manager Project Surveyor Survey Technician Clerical (Admin. Assistant) Intern Attachment A - Scope of Services Page 11 of 12 LOWEST HIGHEST $225.00 $300.00 $230.00 $290.00 $200.00 $285.00 $195.00 $265.00 $190.00 $260.00 $135.00 $210.00 $140.00 $215.00 $120.00 $195.00 $ 90.00 $140.00 $ 90.00 $175.00 $ 80.00 $140.00 $130.00 $195.00 $ 85.00 $150.00 $130.00 $175.00 $100.00 $165.00 $ 85.00 $140.00 $120.00 $195.00 $100.00 $155.00 $ 85.00 $145.00 $ 85.00 $145.00 $ 70.00 $135.00 $105.00 $190.00 $ 75.00 $125.00 $130.00 $210.00 $110.00 $170.00 $ 75.00 $155.00 $ 60.00 $125.00 $ 45.00 $ 85.00 2023 Chuck Silcox Park, Lebow Park and Westhaven Park 104701,104702,104703 REIMBURSABLE EXPENSES In performance of the Scope of Services attached to the Project specific Proposal, the following types of expenses are not contemplated in the Total Proposal Fee. These are considered Reimbursable Expenses and LJA will be compensated for in accordance with the following: 1. Reproduction, out-of-town travel expenses, employee travel and mileage, and other non -labor charges directly related to the Project will be billed at cost plus ten percent. 2. Filing fees, permit fees, and other special charges which are advanced on behalf of the Client will be billed at cost plus ten percent. 3. Subcontracted services and other services by outside consultants will be billed at cost plus ten percent. 4. Vehicle mileage will be charged at the current IRS mileage rate per mile for all travel. Attachment A - Scope of Services 2023 Chuck Silcox Park, Lebow Park and Westhaven Park Page 12 of 12 104701,104702, 104703 ATTACHMENT B COMPENSATION Chuck Silcox Park, Lebow Park and Westhaven Park City Project No. 104701, 104702, 104703 Lump Sum Project Compensation A. The ENGINEER shall be compensated a total lump sum fee of $207,500 as summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Park & Recreation Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B - Compensation Chuck Silcox Park, Lebow Park and Westhaven Park Page 1 of 3 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime ENGINEER LJA Engineering Conceptual Planning $207,500 100% Proposed MWBE Sub-ENGINEERs None Non-MWBE ENGINEERs None: TOTAL $ 207,000 100% Project Number & Name 104701, 104702, 101403 - Chuck Silcox Park, Lebow Park, Westhaven Park City MWBE Goal = 0% City of Fort Worth, Texas Attachment 8 - Compensation Chuck Silcox Park, Lebow Park and Westhaven Park Page 2 of 3 Total Fee MWBE Fee MWBE % $104,750 $ 102,750 50 % ENGINEER Committed Goal = 50% 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 work types and work phases. N/A City of Fort Worth, Texas Attachment B - Compensation Chuck Silcox Park, Lebow Park and Westhaven Park Page 3 of 3 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Chuck Silcox Park, Lebow Park and Westhaven Park City Project No. 104701, 104702, 104703 Exhibit F Insurance Requirements: Section 2 item f. e. A minimum of thirty (30) days' notice of cancellation or mateFial change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. City of Fort Worth, Texas Attachment C Chuck Silcox Park, Lebow Park, Westhaven Park Page I of I ATTACHMENT "D" PROJECT SCHEDULE Chuck Silcox Park, Lebow Park and Westhaven Park City Project No. 104701, 104702, 104703 The ENGINEER will work in timely manner to meet the project delivery goals of the City. The understanding of the project timing is as follows: As Attached City of Fort Worth, Texas Attachment D — Schedule of Services Chuck Silcox Park, Lebow Park and Westhaven Park Page 1 of 1 COMPLETION SCHEDULE CHUCK SILCOX, LEBOW, AND WESTHAVEN PARKS SCHEDULE Plans will be submitted according to the following tentative schedule for completion, for review by the City prior to submittal of final documents. These will be submitted to the City of Fort Forth Parks and Recreation Department. Task Special Services Work Weeks To Complete 11. Topographical Survey 3 Weeks 12. Tree Survey (performed at same time of Topographical Survey) 3 Weeks 13. Geotechnical Evaluations (performed at same time of Topographical Survey) 4 Weeks Landscape Architecture Services 1. Coordination/Management/Communication Ongoing 2. Data Review/Site Visits/Base Map 4 Weeks 3. Schematic (30% Design) 6 Weeks 4. 60% Construction Documents 4 Weeks 5. 90% Construction Documents 4 Weeks 6. 100% Construction Documents 4 Weeks 7. Sealed for Construction Documents for Bidding 4 Weeks S. Bidding Assistance 2 Weeks 9. Construction Phase Assistance 24 Weeks 10. Public Meeting Attendance 2 Weeks Notes: 1. Workweeks include time for client review. 2. Various tasks may run concurrently. ATTACHMENT "E" PROJECT LOCATION & MAP Chuck Silcox Park, Lebow Park, Westhaven Park City Project No. 104701, 104702, 104703 The PROJECT has three sites that are located in various locations around the City. Chuck Silcox Park is located the area east of the Walsh Ranch development north of I- 30 and east of Chapel Creek Blvd as shown on the exhibit below: rC, uck Silcox Park City of Fort Worth, Texas Attachment E — Project Location & Map Chuck Silcox Park, Lebow Park, Westhaven Park Page 1 of 3 Lebow Park is located the area south of Long Avenue on the west side of Schwartz Avenue as shown on the exhibit below: City of Fort Worth, Texas Attachment D PMO Release Date: 02.15.2011 Page 2 of 3 Westhaven Park is located by Hulen Mall and south of 1-20 on Westhaven Drive as shown on the exhibit below: Westhay.n Park City of Fort Worth, Texas Attachment D PMO Release Date: 02.15.201' Page 3 of 3 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. 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. 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 orcommercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non -owned autos is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims -made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self -funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 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. 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 consent to 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. 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. Lines of coverage, other than Professional Liability, underwritten on a claims - made basis, shall contain a retroactive date coincidentwith or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 76288251 1 23/24 blaster Certificate I Joan blatthews 1 9/18/2023 10:21:43 ADS (EST) I Page 2 of 20 POLICY NUMBER: CA 5774680 9/18/2023 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS 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" 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. Endorsement Effective: 08/01/2023 Named Insured: LJA Engineering, Inc. SCHEDULE Name of Person(s) or Organization(s): AS REQUIRED PER WRITTEN CONTRACT Countersigned By: (Authorized Representative) CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 76288251 1 23/24 Master Certificate I Joan Matthews 1 9/18/2023 10:21:43 AM (EST) I Page 3 of 20 Page 1 of 2 (if no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1998 CA 20 48 02 99 76288251 1 23/24 Master Certificate I Joan Matthews 1 9/18/2023 10!21:43 AM (EST) I Page 4 of 20 ENDORSEMENT This endorsement, effective 12:01 A. M. 9/18/2023 forms a part of policy No. Issued to LJA Engineering, Inc. CA 5774680 by' National Union Fire Ins Co Pittsburgh PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident. We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged. Authorized Representative or Countersignature (in States Where Applicable) 74445 (10/99) 76288251 1 23/24 blaster Certificate I Joan Matthews 1 9/18/2023 10:21:43 AM (EST) I Page 5 of 20 ENDORSEMENT This endorsement, effective 12:01 A.M. 9/18/2023 forms a part of Policy No. CA 5774680 issued to LJA Engineering, Inc. by National Union Fire Ins Co Pittsburgh PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1 . the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy 107414 (03/11) Authorized Representative or Countersignature (in States Where Applicable) 76288251 1 23/24 Master Certificate I Joan Matthews 1 9/18/2023 10:21:43 ADS (EST) I Page 6 of 20 ENDORSEMENT This endorsement, effective 12:01 A.M. 08/01/2023 forms a part of policy No. CA 5774680 Issued to LJA Engineering, Inc. by National Union Fire Ins Co Pittsburgh PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, S. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or" lose" if: (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization, and (2) The contract or agreement was entered into prior to any "accident" or "loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee. J 1AUTW/�� Z REPRESENTATIVE 62897 (6/95) 76288251 1 23/24 Master Certificate I Joan Matthews 1 9/18/2023 10:21:43 AM (EST) I Page 7 of 20 LJA Engineering, Inc. 9/18/2023 POLICY NUMBER: GL 63605a2 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II 6 Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1 . Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG20101219 B Insurance Services Office, Inc., 2018 J6288251 1 23/24 Master Certificate I Joan Pfatthews 1 9/18/2023 10:21:43 AM (EST) I Page 8 of 20 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1 . Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 g Insurance Services Office, Inc., 2018 76288251 1 23/24 m—ter Certificate I Joan Matthews 1 9/18/2023 10:21:43 AM (EST) I Page 9 of 20 CG 20 10 12 19 LJA Engineering, Inc. 9/18/2023 POLICY NUMBER: GL 6360582 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. SCHEDULE Location And Description Of Completed Operations PER THE CONTRACT OR AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 76288251 1 23/24 Plaster Certificate I Joan Pfatthews 1 9/18/2023 10:21:43 API (EST) I Page 10 of 20 LJA Engineering, Inc. 9/18/2023 POLICY NUMBER: GL6360582 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2) You have 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. 76288251 1 MZPAI cl,?Jit9ate i Joan Matthe— i 9PjMyrigrjcr�a3Si irY�,qqs, 4aij iYYjn1q., 2018 Page 1 of 1 9/18/2023 LJA Engineering, Inc. POLICY NUMBER: GL 6360582 COMMERCIAL GENERAL LIABILITY CG 02 24 10 93 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days' Notice 60 Ilf no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than noipayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. CG 02 24 10 93 Copyright, Insurance Seivices Office, Inc., 1992 Page 1 of 1 0 76288251 1 23/24 Master Certificate I Joan Matthews 1 9/18/2023 10:21:43 AM (EST) I page 12 of 20 LJA Engineering, Inc. 9/18/2023 POLICY NUMBER: GL636o582 COMMERCIAL GENERAL LIABILITY CG24041219 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 76288251 1 23/24 Master Certificate I Joan matthews 1 9/18/2023 10:21:43 AM (EST) I Page 13 of 20 B0146LDUSA2305147 LJA Engineering, Inc. 9/18/2023 However, to the extent that Damages and Claims Expenses would be covered by the terms and conditions of this Policy but excluded or limited by such other insurance, this Policy, subject to its terms, conditions, exclusions and limitations, including the Retention, shall be primary to such other insurance with respect to the excluded or limited Damages and Claims Expenses. Any deductible or self -insured retention payments made by or on behalf of the Assured or payments by insurers under such other insurance shall be deemed to apply towards satisfying the Retention obligations under this Policy 7. CHANGES None of the Insuring Agreements, Exclusions, Definitions or Conditions or other terms of this Policy shall be amended, waived or otherwise changed except by endorsement hereto signed by the Insurers. NAMED ASSURED AS AGENT The first Named Assured specified in Item 1 of the Declarations shall be considered the agent of all Assureds with respect to the giving of or receipt of all notices pertaining to this Policy and shall be responsible for the payment to the Insurers of all premiums and for payment of the Retention. 9. PREMIUM The premium for this Policy shall be the amount specified in Item 5 of the Declarations. 10. SUBROGATION In the event of any Claim under this Policy, the Insurers shall be subrogated to all of the Assured's rights of recovery against any person or entity, and the Assured shall execute and deliver to the Insurers any and all necessary documentation, instruments and records and do whatever else is necessary to secure and enforce such rights. The Assured shall take no action after such Claim is made against it which prejudices such rights of Insurers. The Insurers agree to waive their rights of recovery for a Claim to the extent the Named Assured had, prior to such Claim, a written agreement to waive such rights. 11. ASSIGNMENT No assignment or transfer of any Assured's rights under this Policy shall bind the Insurers. If an Assured shall die or be adjudged incompetent, such insurance shall cover that Assured's legal representative as an Assured as would be permitted by this Policy. 12. MERGERS AND ACQUISITIONS In the event that the Named Assured (i) acquires any other entity or acquires substantially all the assets of another entity, or (ii) merges with another entity such that the Named Assured is the surviving entity, or (iii) creates or acquires a Subsidiary after the effective date of this policy, no coverage shall be afforded under this policy for any Claim arising out of Professional Services, Contracting Services or Technology Services performed by or alleged to have been performed by such entity acquired or merged with or such Subsidiary created, unless and until: The Named Assured provides written notice to the Insurers of such transaction or event not more than ninety (90) days after the effective date of such transaction, or event, and The Named Assured promptly provides the Insurers with such information in connection therewith as the Insurers may reasonably deem necessary, and Page 1 21 76288251 1 23/24 Master Certificate I Joan Matthews 1 9/18/2023 10:21:43 AM (EST) I Page 14 of 20 A/E Select 2013 v8 This Endorsement forms part of Policy No.: B0146LDusA2305147 9/18/2023 Issued to: LJA Engineering, Inc. Issued by: Convex Insurance UK Limited and as shown in the Market Sheet Effective: 12.01 am Local Standard Time on 1 September 2022 Endorsement No .18 LIMITED AUTHORITY TO ISSUE CERTIFICATES OF INSURANCE ENDORSEMENT In consideration of the premium charged, it is hereby understood and agreed as follows (1) Underwriters authorize Greyling Insurance Brokerage and Risk Consulting Inc the ("Certificate Issuer") to issue Certificates of Insurance at the request or direction of the Assured. It is expressly understood and agreed that, subject to Paragraph (2) below, any Certificate of Insurance so issued shall not confer any rights upon the Certificate Holder, create any obligation on the part of the Underwriters, or purport to, or be construed to, alter, extend, modify, amend, or otherwise change the terms or conditions of this Policy in any manner whatsoever. In the case of any conflict between the description of the terms and conditions of this Policy contained in any Certificate of Insurance on the one hand, and the terms and conditions of this Policy as set forth herein on the other, the terms and conditions of this Policy as set forth herein shall control. (2) Notwithstanding Paragraph (1) above, such Certificates of Insurance as are authorized under this endorsement may provide that in the event the Underwriters cancel or non -renew this Policy, Underwriters shall mail written notice of such cancellation, or non -renewal, to such Certificate Holder within a specified period of time; provided, however, that the Underwriters shall have not be required to provide such notice more than 90 days prior to the effective date of cancellation or non -renewal. The Assured shall provide written notice to the Underwriters of all Certificate Holders and the number of days' written notice of cancellation or, non -renewal, if any, specified in each Certificate of Insurance (i) at inception of this Policy, (ii) 90 days prior to expiration of this Policy, and (iii) within 10 days of receipt of a written request from Underwriters. Underwriters' obligation to mail notice of cancellation or, non -renewal as provided in this paragraph shall apply solely to those Certificate Holders with respect to whom the Insured has provided the foregoing written notice to the Underwriters. (3) It is further understood and agreed that Underwriters' authorization of the Certificate Issuer under this endorsement is limited solely to the issuance of Certificates of Insurance and does not authorize, empower, or appoint the Certificate Issuer to act as an agent forthe Underwriters or bind the Underwriters for any other purpose. The Certificate Issuer shall be solely responsible for any errors or omissions in connection with the issuance of any Certificate of Insurance pursuant to this endorsement. (4) As used in this endorsement Certificate of Insurance means a document issued for informational purposes only as evidence of the existence and terms of this Policy in order to satisfy a contractual obligation of the Assured. All other terms, clauses and conditions remain unchanged. Page 184 A/E Select 2013 v8 (UA Engineering 2022 v1) 76288251 1 23/24 Master Certificate I Joan Matthews 1 9/18/2023 10:21:43 AM (EST) I Page 15 of 20 9/18/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following " attaching clause" need be completed only when this endorsement Is Issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 08/01/2023 forms a part of Policy No. WC 013265763 (AOS) Issued to LJA Engineering, Inc. By Argonaut Insurance Company LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE NAMED INSURED (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date, 2 the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the " Certificate Holder(s)" ) and the Named Insured has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity, and 3 the Insurer received this information after the Named Insured receives notice of cancellation of this policy and prior to this policy' s cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the " Advice" ) via e-mail to each such Certificate Holders within 30 days after the Named Insured provides such information to the Insurer, provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1 Named Insured means the insured first named employer in Item 1 of the Information Page of this policy. 2. Insurer means the insurance company shown In the header on the Information Page of this policy. All other terms, conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE WC 99 00 56 (Ed. 04/11) 76288251 1 23/24 Master Certificate I Joan Matthews 1 9/18/2023 10:21:43 AM (EST) I Page 16 of 20 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 08/01/2023 forms a part of Policy No. WC 013265763 (AOS) Issued to LJA Engineering, Inc. BY Argonaut Insurance Company 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 any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS. This form is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas, or Utah. This form is not applicable in Missouri when there is a construction code on the policy and there is Missouri premium or exposure. WC 00 03 13 Countersigned by (Ed. 04184) Authorized Representative 76288251 1 23/24 Master Certificate I Joan Matthews 1 9/18/2023 10:21:43 AM (EST) I Page 17 of 20 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 12:01 AM 08/01/2023 forms a part of Policy No, WC 013265763 (AOs) Issued to LJA Engineering, Inc. By Argonaut Insurance Company 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 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: $2 ,158.00 U. WC420304B Countersigned by______________________________ (Ed. 6-14) Authorized Representative 0 Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. 76288251 1 23/24 Master Certificate I Joan Matthews 1 9/18/2023 10:21:43 AM (EST) I Page 18 of 20 9/18/2023 CALIFORNIA ADVANCE NOTICE OF CANCELLATION OR NON -RENEWAL BY US EXTENDED This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 08/01/2023 Issued to LJA Engineering, Inc. By Argonaut Insurance Company forms a part of Policy No. WC 013265764 (CA) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY PART SIX - CONDITIONS, D. - Cancellation, 2. is deleted in its entirety and replaced with: We may cancel or non -renew this policy. We will mail or deliver to you not less than 10 days advance written notice of cancellation for reasons (a) through (g) and 30 days advance written notice of cancellation for reasons (h) through (m) of California Cancellation Endorsement WC990017. We will mail or deliver to you not less than 30 days and not more than 120 days advance written notice of non -renewal. Except for non-payment of premium and non-payment of loss reimbursement or non -delivery of satisfactory security or collateral when due, for which we will provide advance written notice in accordance with the provisions of any applicable statute or regulation, we shall not provide less than the number of days set forth below. Mailing that notice to you, at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. Cancellation: 60 Days Non -Renewal: 60 Days WC990411 Countersigned by___________ (Ed. 08/03) Authorized Representative 76288251 1 23/24 Master Certificate I Joan Mattheis 1 9/18/2023 10:21:43 AM (EST) I Page 19 of 20 9/18/2023 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT--CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is incilcated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy), This endorsement, effective 12:01 AM 08/01/2023 Issued to LJA Engineering, Inc. BY Argonaut Insurance Company Premium I NCLUDED forms a part of Policy No. WC 013265764 (CA) 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). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The addltlonal premium for thls endorsement shall be 2.00 % of the California workers' compensation premlum otherwise due on such remuneration. Schedule Person or Organizatlon Job Description ANY PERSON OR ORGANIZATION WHOM OR WHICH YOU HAVE WAIVED SUCH RIGHT OR RECOVERY IN A WRITTEN CONTRACT WITH THAT PERSON OR ORGANIZATION PROVIDED SUCH WRITTEN CONTRACT: 1. IT CURRENTLY IN EFFECT OR WILL BECOME EFFECTIVE DURING THE TERM OF THE POLICY: AND 2. WAS EXECUTED AND BECAME EFFECTIVE PRIOR TO THE OCCURRENCE OF THE INJURY COVERED BY THIS POLICY. WC040306 Countersigned by______________________________ (Ed. 04184) Authorized Representative 76288251 1 23/24 Plaster Certificate I Joan Matthews 1 9/18/2023 10:21:43 AM (EST) I Page 20 of 20