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HomeMy WebLinkAboutContract 61847CSC No. 61847 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality ("CITY"), and LJA Engineering, Inc. authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Professional Services for Traffic Signal Design — CPN 104410. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to $98,085.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. City of Fort Worth, Texas Professional Services for Traffic Signal Design Standard Agreement for Engineering Related Design Services 104410 Revised Date: 12-08-2023 Page 1 of 15 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 a competent engineer. C. Designation of Engineer's Personnel (1) The ENGINEER and CITY shall agree upon the designation of the ENGINEER's "Project Manager" prior to starting work on contract. (2) ENGINEER shall inform CITY in writing of a proposed change to their designated project manager prior to making the change or immediately upon receiving notification that the designated project manager is separating employment with the ENGINEER. (3) ENGINEER shall provide resumes to the CITY of the proposed replacement project manager(s), who shall have similar qualifications and experience as the outgoing person, for review and approval. D. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth, Texas Professional Services for Traffic Signal Design Standard Agreement for Engineering Related Design Services 104410 Revised Date: 12-08-2023 Page 2 of 15 (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. E. 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. F. 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 City of Fort Worth, Texas Professional Services for Traffic Signal Design Standard Agreement for Engineering Related Design Services 104410 Revised Date: 12-08-2023 Page 3 of 15 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. G. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. H. 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. City of Fort Worth, Texas Professional Services for Traffic Signal Design Standard Agreement for Engineering Related Design Services 104410 Revised Date: 12-08-2023 Page 4 of 15 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. J. Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance No. 25165-10-2021 (as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), Engineer acknowledges the MBE and WBE goals established for this Agreement 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. K. 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 City of Fort Worth, Texas Professional Services for Traffic Signal Design Standard Agreement for Engineering Related Design Services 104410 Revised Date: 12-08-2023 Page 5 of 15 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. L. 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. M. 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. N. 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. O. 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. P. 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, City of Fort Worth, Texas Professional Services for Traffic Signal Design Standard Agreement for Engineering Related Design Services 104410 Revised Date: 12-08-2023 Page 6 of 15 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. Q. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. City of Fort Worth, Texas Professional Services for Traffic Signal Design Standard Agreement for Engineering Related Design Services 104410 Revised Date: 12-08-2023 Page 7 of 15 E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification 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. City of Fort Worth, Texas Professional Services for Traffic Signal Design Standard Agreement for Engineering Related Design Services 104410 Revised Date: 12-08-2023 Page 8 of 15 (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. City of Fort Worth, Texas Professional Services for Traffic Signal Design Standard Agreement for Engineering Related Design Services 104410 Revised Date: 12-08-2023 Page 9 of 15 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 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 City of Fort Worth, Texas Professional Services for Traffic Signal Design Standard Agreement for Engineering Related Design Services 104410 Revised Date: 12-08-2023 Page 10 of 15 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 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, City of Fort Worth, Texas Professional Services for Traffic Signal Design Standard Agreement for Engineering Related Design Services 104410 Revised Date: 12-08-2023 Page 11 of 15 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. 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 City of Fort Worth, Texas Professional Services for Traffic Signal Design Standard Agreement for Engineering Related Design Services 104410 Revised Date: 12-08-2023 Page 12 of 15 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 2276 of the Texas Government Code, the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 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, 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. 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. City of Fort Worth, Texas Professional Services for Traffic Signal Design Standard Agreement for Engineering Related Design Services 104410 Revised Date: 12-08-2023 Page 13 of 15 This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map 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 cv v Jesica McEachem Assistant City Manager Date: Aug 8, 2024 �n 0 oFFORT°nod 000 00 � a pqo �dp ATTEST: PVo ota A` 4 nEop544 Aug 8, 2024 Jannette Goodall City Secretary APPROVAL RECOMMENDED: By: Lauren Prieur (Jul 24, 2024 08:44 CDT) Lauren Prieur Director, TPW BY: ENGINEER LJA ENGINEERING, INC. Derek-Bohls Vice President Date: 6/30/2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Professional Services for Traffic Signal Design Standard Agreement for Engineering Related Design Services 104410 Revised Date: 12-08-2023 Page 14 of 15 APPROVED AS TO FORM AND LEGALITY By:DouglasBlack(Jul31,202415:10CDT) M&C No.: N/A Douglas W Black Sr. Assistant City Attorney M&C Date: Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ,*.4A—i Mohammad Rahman (Jul 19,202414:06 CDT) Aziz Rahman Engineering Manager City of Fort Worth, Texas Professional Services for Traffic Signal Design Standard Agreement for Engineering Related Design Services 104410 Revised Date: 12-08-2023 Page 15 of 15 FORT WORTH ATTACHMENT "A" Scope for Engineering Design Related Services for: 2024 Highway Safety Improvement Program (HSIP) Design The ENGINEER will perform its services pursuant to the requirements delineated below. Services under this attachment consists of engineering services for the preparation of preliminary and final plans for signal design for TxDOT 2024 HSIP program at following intersection: • New York Ave. at E. Berry Street Project Understanding ENGINEER will provide engineering services for the design of a traffic signal at intersection of New York Ave. at E. Berry Street. The ENGINEER will develop plans for the proposed traffic control signal consisting of signal poles, pedestrian poles, controller, curb ramps and crosswalk for the pedestrian accommodations at the above -mentioned intersection. Following is our understanding of the project. The above specified location is approved for the TxDOT Funding The traffic control signal is warranted and approved by TxDOT for installation. CITY is looking to install traffic control signals including ADA compliant curb ramps and Accessible Pedestrian Signal (APS). Roadway and pedestrian lighting evaluations are not required. TDLR review will be required. The project will require environmental clearance. The project will not require any permanent easement and temporary construction easement. Work under this agreement consists of project management, topographic survey, conceptual design, preliminary and final design. The work also includes assisting CITY with the project letting. WORK TO BE PERFORMED Task 1. Project Management Task 2. Conceptual Design (30%) Task 3. Preliminary Design (60%) Task 4. Final Design (90% and 100%) Task 5. Bidding Phase Services (Not Included In this Phase) Task 6. Construction Phase Services (Not Included) Task 7. ROW/Easement Services (Not Included) Task 8. Survey (Included in Conceptual Design Phase) Task 9. Permitting (TDLR, Environmental Services & TxDOT) Services not included: Roadway and pedestrian lighting evaluations Construction Phase Services Public meeting City of Fort Worth, Texas Traffic Signal Design — New York Ave. at Berry Street Attachment A 103998 PMO Release Date: 05.15.2024 Page 1 of 13 FORT WORTH TASK 1. PROJECT MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team: • Lead, manage and direct design team activities • Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance of the work. • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting: • Attend a pre -design project kickoff/charter meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. • Attend two (2) field meetings with CITY representatives, including Traffic Management, prior to the 60% submittal. • Conduct and document monthly project update meetings with CITY Project Manager • Conduct review meetings with the CITY at the end of each design phase • Conduct QC/QA reviews and document those activities. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit monthly Project Status Reports in the format provided by the respective Transportation and Public Works Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly. • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure and provide and obtain information needed to prepare the design. • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS One (1) pre -design project kickoff/chartering meeting Two (2) field review meetings Three (3) monthly project update meetings during design phase City of Fort Worth, Texas Page 2 of 13 Attachment Traffic Signal Design — New York Ave. at Berry Street PMO Release Date: 02.06.2015 103998 Page 2 of 13 FORT WORTH • Two (2) plan review meetings • Eight (8) biweekly design team meetings • Project design phase is anticipated to take four (4) months. DELIVERABLES A. Meeting summaries with action items B. Baseline design schedule C. Monthly Project Status Reports D. Monthly invoices TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans. 2.2. Subsurface Utility Engineering Provide Level `B" Subsurface Utility Engineering (SUE) 2.3. Utility Clearance • ENGINEER will develop the design of CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. Where conflicts cannot be avoided, coordination of Utility Conflicts will begin at the Conceptual Design phase. City of Fort Worth, Texas Page 3 of 13 Attachment Traffic Signal Design — New York Ave. at Berry Street PMO Release Date: 02.06.2015 103998 Page 3 of 13 FORT WORTH In the case of a public utility conflict, the ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for coordination. The ENGINEER may need to coordination directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. The ENGINEER shall upload a PDF file of the approved preliminary plan set to the designated project folder in the City's document management system (BIM 360) for forwarding to all utility companies which have facilities within the limits of the project. The PDF file should be created directly from the CAD files. 2.4 The Conceptual Design Package shall include the following: Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. • Quantity Summary page and each design sheet shall include a quantity take off table. • Traffic Count Data: Microsoft Excel spreadsheet of Raw 24-hour and Turning Movement Count data gathered at 15-minute intervals at a minimum on all raw data collected. Provide Daily Summaries by Approach and Peak -Period Summaries by Approach. Spreadsheet shall be uploaded to the Buzzsaw folder `TPW Traffic Count Data'. • Conceptual plan sheets showing existing intersection, existing ROW, existing and proposed curb ramps and sidewalks, existing and proposed lane dimensions, intersections signs and pavement markings. • Documentation of key design decisions. • Estimates of probable construction cost. ASSUMPTIONS • Three (3) sets of I F'xl7" size plans will be delivered for the 60% design. • PDF files created from design CAD drawings will be uploaded to the designated project folder in the City's document management system (BIM 360). ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Drawings B. Preliminary Design Drawings C. Key Design Decision Documents TASK 3. PRELIMINARY DESIGN (60 PERCENT). City of Fort Worth, Texas Page 4 of 13 Attachment Traffic Signal Design — New York Ave. at Berry Street PMO Release Date: 02.06.2015 103998 Page 4 of 13 FORT WORTH Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. The Preliminary Design Drawings and Specifications shall include the following: • Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. • Quantity Summary page and each design sheet shall include a quantity take off table. • Traffic Control Plan including all construction signage and pavement markings which will be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. • Preliminary signing, pavement marking, and signal layouts. • Documentation of key design decisions. • Estimates of probable construction cost. 3.3. Constructability Review Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 3.5. Utility Clearance • ENGINEER will develop the design of CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. Where conflicts cannot be avoided, coordination of Utility Conflicts will be identified at the Conceptual phase and begin at the Preliminary Design phase. • In the case of a public utility conflict, the ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. ASSUMPTIONS • Three (3) sets of 11"x17" size plans will be delivered for the 60% design for review coordination. • One (1) set of specifications will be delivered for the 60% design. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings and specifications including QC/QA documentation. TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). City of Fort Worth, Texas Page 5 of 13 Attachment Traffic Signal Design — New York Ave. at Berry Street PMO Release Date: 02.06.2015 103998 Page 5 of 13 FORT WORTH • Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • Final draft construction plans (90%) including specifications shall be submitted to CITY per the approved Project Schedule. • The ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for final coordination. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. • A Quantity Summary page will be included in both the 90% and 100% design packages. Each design sheet of those package shall include a quantity take off table. • The ENGINEER shall submit an estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use standard CITY or TxDOT bid items, as applicable. ASSUMPTIONS • Three (3) sets of 11"x17" size drawings and one (1) set of specifications will be delivered for the 90% Design package. • Three (3) sets of 11"x17" size drawings and two (2) set of specifications will be delivered for the 100% Design package. DELIVERABLES A. 90% construction plans. B. 100% construction plans and specifications including QC/QA documentation. C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's or TxDOT's standard bid items and format, as applicable D. Original 11"x17" size cover mylar for the signatures of authorized CITY officials. City of Fort Worth, Texas Page 6 of 13 Attachment Traffic Signal Design — New York Ave. at Berry Street PMO Release Date: 02.06.2015 103998 Page 6 of 13 FORT WORTH TASK 5. BID PHASE SERVICES. (NOT INCLUDED) TASK 6. CONSTRUCTION PHASE SERVICES. (NOT INCLUDED) TASK 7. ROW/EASEMENT SERVICES. (NOT INCLUDED) TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. (Included in Conceptual Design Phase) ENGINEER will provide survey support as follows. 8.1. Design Survey ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: — A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally, on a scale of not less than 1:400: — The following information about each Control Point. a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). — Coordinates on all P.C.'s, P.T.'s, P.L's, Manholes, Valves, etc., in the same coordinate system, as the Control. — No less than two horizontal bench marks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. 8.2. Temporary Right of Entry Preparation and Submittal • Prior to entering property, the ENGINEER shall coordinate with the City's project manager to identify, mail and obtain Temporary Right of Entry from landowners. City of Fort Worth, Texas Page 7 of 13 Attachment Traffic Signal Design — New York Ave. at Berry Street PMO Release Date: 02.06.2015 103998 Page 7 of 13 FORT WORTH • The documentation shall be provided in conformance with the checklists and templates available on the City's document management system resources folder. 8.3. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level D, C, B, and A, as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. Quality Level D • Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. • Collect applicable records (e.g., utility owner base maps, "as built" or record drawings, permit records, field notes, geographic information system data, oral histories, etc.) on the existence and approximate location of existing involved utilities. • Review records for: evidence or indication of additional available records; duplicate or conflicting information; need for clarification. • Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files, and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality level(s); end points of any utility data; line status (e.g., active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement. Quality Level C (includes tasks as described for Quality Level D) • Identify surface features, from project topographic data and from field observations, that are surface appurtenances of subsurface utilities. • Include survey and correlation of aerial or ground -mounted utility facilities in Quality Level C tasks. • Survey surface features of subsurface utility facilities or systems, if such features have not already been surveyed by a professional surveyor. If previously surveyed, check survey data for accuracy and completeness. • The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes. • Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. City of Fort Worth, Texas Page 8 of 13 Attachment Traffic Signal Design — New York Ave. at Berry Street PMO Release Date: 02.06.2015 103998 Page 8 of 13 FORT WORTH • Update (or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and Quality Level C information. • Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. • Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets. Level B (includes tasks as described for Quality Level Cl • Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the project limits, and/or to trace a particular utility line or system. • Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey. Utilize paint or other method acceptable for marking of lines. • Unless otherwise directed, mark centerline of single -conduit lines, and outside edges of multi -conduit systems. • Resolve differences between designated utilities and utility records and surveyed appurtenances. • Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. • As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, utilize other means of data collection, storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the project's survey control. Level A • Expose and locate utilities at specific locations. • Tie horizontal and vertical location of utility to survey control. • Provide utility size and configuration. • Provide paving thickness and type, where applicable. • Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. ASSUMPTIONS Up to Four (4) Level A test holes are included. City of Fort Worth, Texas Page 9 of 13 Attachment Traffic Signal Design — New York Ave. at Berry Street PMO Release Date: 02.06.2015 103998 Page 9 of 13 FORT WORTH DELIVERABLES A. Drawing of the project layout with dimensions and coordinate list. B. SUE plan drawings sealed by a professional engineer registered in the State of Texas. TASK 9. PERMITTING (TDLR, ENVIRONMENTAL SERVICES & TxDOT) ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows 9.1 Texas Department of Licensing and Regulation (TDLR) • Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project. • ENGINEER is responsible for providing plans that are in compliance with TDLR requirements. • Submit construction documents to the TDLR • Completing all TDLR forms/applications necessary • Obtain the Notice of Substantial Compliance from the TDLR • Request an inspection from TDLR or a TDLR locally approved Registered Accessibility Specialist no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. • Responding to agency comments and requests • All costs associated with TDLR plan review and inspections are to be paid by the ENGINEER during the course of the project. 9.2 Environmental Services [provide a detailed scope if US Army Corp of Engineers Section 404 Nationwide Permit or individual permit is required] • Negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits. • Completing all forms/applications necessary. • Submitting forms/applications for CITY review • Submitting revised forms for agency review Responding to agency comments and requests ASSUMPTIONS • 1 TDLR permit — online submittal • Obtain "Designated Agent" from City of Fort Worth for TDLR permitting process • Permit preparation will begin after approval of the Conceptual Design. • One (1) meeting is assumed with TDLR inspector. City of Fort Worth, Texas Page 10 of 13 Attachment Traffic Signal Design — New York Ave. at Berry Street PMO Release Date: 02.06.2015 103998 Page 10 of 13 FORT WORTH • Permit preparation will begin after approval of the Conceptual Design. • One (1) meeting is assumed with RAS inspector for the TDLR permit. DELIVERABLES A. Copies of Permit Applications B. Copies of Approved Permits QUALITY CONTROL / QUALITY ASSURANCE ENGINEER to provide to the City a Quality Control/ Quality Assurance Plan (QC/QA Plan) outlining the ENGINEER's method of ensuring the highest levels of design and accuracy are incorporated into the calculations, plans, specifications, and estimates. ENGINEER is responsible for and shall coordinate all subconsultant activity to include quality and consistency of plans. If, at any time, during the course of reviewing a submittal of any item it becomes apparent to the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may cease its review and return the submittal to the ENGINEER immediately for appropriate action. A submittal returned to the ENGINEER for this reason may be rejected by the CITY Project Manager. QC/QA of Survey and SUE Data The ENGINEER's Surveyor shall perform Quality Control/ Quality Assurance on all procedures, field surveys, data, and products prior to delivery to the CITY. The CITY may also require the ENGINEER's Surveyor to perform a Quality Assurance review of the survey and/or subsurface utility engineering (SUE) work performed by other surveyors and SUE providers. • ENGINEER's Surveyor shall certify in writing via a letter that the survey information provided has undergone a Quality Control/ Quality Assurance process. ENGINEER's Subsurface Utility Engineering provider shall certify in writing via a letter that the SUE information provided has undergone a Quality Control/ Quality Assurance process. QC/QA of Design Documentation ENGINEER shall perform a QC/QA review of all documents being submitted for review at all stages of the design including the 30%, 60%, and 90% and Final Document design review submittals. QA should be performed by an individual within the firm who is not on the design team. • ENGINEER is to acknowledge that each item on the Detailed Checklist has been included by checking "done" on the checklist. If a particular checklist item is not applicable, this should be indicated by checking "N/A". If an entire checklist is City of Fort Worth, Texas Page 11 of 13 Attachment Traffic Signal Design — New York Ave. at Berry Street PMO Release Date: 02.06.2015 103998 Page 11 of 13 FORT WORTH not applicable, this should be indicated by checking every item on the list as "N/A" and still included with the submittal. The ENGINEER shall use the Detailed Checklist provided by CITY. A Comment Resolution Log must be used to document conflicting comments between reviewers and to highlight comments made by the CITY that the ENGINEER is not incorporating into the design documents along with the associated explanation. The ENGINEER shall use the Comment Resolution Log provided by CITY. The documentation of a QC/QA review includes (1) a copy of the color -coded, original marked -up document (or "check print") developed during the QA checking process and/or review forms which sequentially list documents and associated comments; and (2) a QC sign -off sheet with signatures of the personnel involved in the checking process. Mark-ups may also be documented using the Comment Resolution Log. • Evidence of the QC/QA review will be required to accompany all submittals. Documentation shall include, but is not limited to, the following items: - PDF of the completed Detailed Checklists - PDF of the QC/QA check print of the calculations, plans, specifications, and estimates demonstrating that a review has been undertaken; - PDF of previous review comments (if any) and the ENGINERR's responses to those comments in the Comment Resolution Log. If any of the above information is missing, is incomplete or if any comments are not adequately addressed; the CITY may contact the ENGINEER and request the missing information. If the ENGINEER does not respond to the request within 24 hours, the CITY shall reject the submittal. No additional time will be granted for a returned submittal. • If the ENGINEER has not adequately addressed the comments, the submittal shall be rejected and returned to the ENGINEER immediately to address the issues. ASSUMPTIONS • All submittals to the City will be Quality checked prior to submission. A PDF of the QC/QA documentation will be uploaded to the project folder in Buzzsaw. DELIVERABLES A. QC/QA documentation City of Fort Worth, Texas Page 12 of 13 Attachment Traffic Signal Design — New York Ave. at Berry Street PMO Release Date: 02.06.2015 103998 Page 12 of 13 FORT WORTH ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scone of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon — be sure to track changes. the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon — be sure to track changes. in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Page 13 of 13 Attachment Traffic Signal Design — New York Ave. at Berry Street PMO Release Date: 02.06.2015 103998 Page 13 of 13 ATTACHMENT B COMPENSATION Professional Services for Traffic Signal Design — New York Ave. at Berry Street City Project No. 104410 Time and Materials with Multiplier Project Compensation A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by Direct Salaries multiplied by a factor of 3.25. Direct Salaries are the amount of wages or salaries paid ENGINEER's employees for work directly performed on the PROJECT, exclusive of all payroll -related taxes, payments, premiums, and benefits. ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non -labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 4 Traffic Signal Design — New York Ave. at Berry Street 103998 ATTACHMENT B COMPENSATION B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Departments monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 2 of 4 Traffic Signal Design — New York Ave. at Berry Street 103998 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant LJA Engineering Signal Design, Permitting, $98,085.00 100 Construction Support Services Proposed MWBE Sub -Consultants Non-MWBE Consultants TOTAL $98.085.00 100% Project Number & Name Total Fee MWBE Fee MWBE % New York Ave. at Berry Street, $98,085.00 $ % Project No. 103998. City MWBE Goal = 0% Consultant Committed Goal = 5 % City of Fort Worth, Texas Traffic Signal Design — New York Ave. at Berry Street Attachment B 103998 Revised Date: 12/9/2022 Page 3 of 4 EXHIBIT "13-1" 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. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 4 of 4 Traffic Signal Design — New York Ave. at Berry Street 103998 Professional Services Invoice Project: ITraffic Signal Design City Project #: 1104410 City Sec Number: Company Name: JLJA Engineering, Inc. Supplier's PM: Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: Project Manager: (Scott Booth Summary Supplier Instructions: Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: Office Address Telephone: Fax: Remit Address Sheet FID and Work Type Description Work Type 1 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Totals This Invoice Agreement LTD Amendment Amount to Completed Agreement Amount Amount Date Amount Overall Percentage Spent: Percent ($) Invoiced Current Remaining Spent Previously Invoice Balance Professional Services Invoice Project: Traffic Signal Design City Project #: 104410 Work Type Desc: FID: City Sec Number: Purchase Order: Company Name: LJA Engineering, Inc Suppliers PM: Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: Pay Items Description Totals This Unit: email: Office Address: Telephone: Fax: Remit Address: Project Manager: Scott Booth Supplier Instructions: Fill in green cells including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. Agreement LTD Agreement Amendment Amendment Amount to Completed Percent ($) Invoiced Current Remaining Amount Number Amount Date Amount Spent Previously Invoice Balance Overall Percentage Spent: Professional Services Invoice Project: Traffic Signal Design City Project #: 104410 Work Type Desc: FID: City Sec Number: Purchase Order: Company Name: LJA Engineering, Inc Supplier's PM: Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: Pay Items Description Totals This Unit: email: Office Address: Telephone: Fax: Remit Address: Project Manager: Scott Booth Supplier Instructions: Fill in green cells including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. Agreement LTD Agreement Amendment Amendment Amount to Completed Amount Number Amount Date Amount I Overall Percentage Spent: Percent ($) Invoiced Current Remaining Spent Previously Invoice Balance Professional Services Invoice Project: Traffic Signal Design City Project M 104410 Work Type Desc: FID: City Sec Number: Purchase Order: Company Name: LJA Engineering, Inc Supplier's PM: Supplier Invoice M Payment Request M Service Date:From Service Date:To Invoice Date: Pay Items Description Totals This Unit: email: Office Address: Telephone: Fax: Remit Address: Project Manager: Scott Booth Supplier Instructions: Fill in green cells including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. Agreement LTD Agreement Amendment Amendment Amount to Completed Amount Number Amount Date Amount I Overall Percentage Complete: Percent ($) Invoiced Current Remaining Spent Previously Invoice Balance Professional Services Invoice Project: Traffic Signal Design City Project #: 104410 Work Type Desc: FID: City Sec Number: Purchase Order: Company Nagle: LJA Engineering, Inc Suppliers PM: Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: Pay Items Description Totals This Unit: email: Office Address: Telephone: Fax: Remit Address: Project Manager: Scott Booth Supplier Instructions: Fill in green cells including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. Agreement LTD Agreement Amendment Amendment Amount to Completed Amount Number Amount Date Amount Overall Percentage Spent: Percent ($) Invoiced Current Remaining Spent Previously Invoice Balance ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Professional services for Traffic Signal Design New York Ave. at Berry Street City Project No. 104410 No changes to the Standard Agreement City of Fort Worth, Texas Traffic Signal Design — New York Ave. at Berry Street Attachment C 103998 PMO Release Date: 05.19.201 Page 1 of 1 FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a "baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth, Texas Traffic Signal Design — New York Ave. at Berry Street Attachment D Revision Date: 07.20.2018 Page 1 of 1 ATTACHMENT "E" PROJECT LOCATION MAP Design Services for New York Ave. at Berry Street City Project No. 104410 wutoZoniv�w:?a1tis K I.:....,, City of Fort Worth, Texas Attachment E PMO Release Date: 05.19.2010 Page 1 of 1 Jolla, Gene21 The -house � vva o e® L^sa�s Ch,ekzn n-5 O O Rob ,son's Ga�Dqu�e � soo Cowhoy Gleaners aundnes V OW Scha Traffic Signal Design — New York Ave. at Berry Street 103998 7/26/2024 POLICY NUMBER: CA5774680 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under t-ie 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: 08/01/2024 Named Insured: LJA Engineering, Inc. Name of Persontsj or Organization(s): AS REQUIRED PER WRITTEN CONTRACT ICountersigned By: f1181r.14 0III1111 9 (Authorized Representative) CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) 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 ❑rganization 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 Wh❑ 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 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 4 of 20 ENDORSEMENT This endorsement, effective 12:01 A.M. 7/26/2024 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) 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 5 of 20 ENDORSEMENT This endorsement, effective 12:01 A.M. 7/26/2024 forms a part of Policy No. CA 5774680 issued to LJA Engineering, Inc. by National Union Fire Ins Cc 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 (0311 1) Authorized Representative or Countersignature (in States Where Applicable) 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 6 of 20 ENDORSEMENT This endorsement, effective 12:01 A.M. 08/01/2024 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. l��'l�►�1�;�+1;t�;7s►:�9��:�+] �;�Lrl:�#-Y+]y��+i+]JAI.�/=TH,Ii;!F=it+Yli:l�;�'�>[+1�1�� This endorsement modifies insurance provided under 0a following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - 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" loss" 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. n AUT ORIZED REPRESENTATIVE 62897 (6/95) 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 7 of 20 LJA Engineering, Inc. 7/26/2024 POLICY NUMBER: GL 6360582 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 (> Insurance Services Office, Inc., 2018 81156796 124/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) 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 (> Insurance Services Office, Inc., 2018 81156796 124/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 9 of 20 CG20101219 LJA Engineering, Inc. 7/26/2024 POLICY NUMBER: GL 6360582 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 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 (D Insurance Services Office, Inc., 2018 Page 1 of 1 81156796 124/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 10 of 20 LJA Engineering, Inc. 7/26/2024 POLICY NUMBER: GL 6360582 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. 81156796 1 g1q5`'NiXsiW r11? P.1. I Rebecca Puente 2&%20 r'IS':�F8' 4�'AMV�EDTr IOP`at(cC 1 jpg,, 2018 Page 1 of 1 LJA Engineering, Inc. 7/26/2024 POLICY NUMBER: GL 6360582 COMMERCIAL GENERAL LIABILITY CG 02 24 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REA❑ IT CAREFULLY. EARLIER NOTICE ❑F CANCELLATION PROVIDE❑ BY US This endorsement modifies insurance provided undef 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 (if 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 no.ipayment 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 Services Office, Inc„ 1992 Page 1 of 1 -] 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 12 of 20 LJA Engineering, Inc. 7/26/2024 POLICY NUMBER: GL 6360582 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 4 Insurance Services Office, Inc., 2018 Page 1 of 1 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 13 of 20 B0146LDUSA2405147 LJA Engineering, Inc. 7/26/2024 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. 8. 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 2. The Named Assured promptly provides the Insurers with such information in connection therewith as the Insurers may reasonably deem necessary, and Page 1 21 A/E Select 2013 v8 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 14 of 20 This Endorsement forms part of Policy No.: B0146LDUSA2405147 7/26/2024 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 for the 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) 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 15 of 20 7/26/2024 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 08/01/2024 forms a part of Policy No. WC 013265763 (AOS) Issued to LJA Engineering, Inc. By New Hampshire Insurance Compan 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, 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) 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) 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. jhe following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:41 AM 08/01/2024 forms a part of PoliCy NO. WC 013265763 (AOS) Issued to LJA Engineering, Inc. By New Hampshire 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 farm 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 OO 03 13 Countersigned by (Ed. 04184) Authorized Representative 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) 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 08/01/2024 forms a part of Policy No. WC 013265763 (AOS) Issued to LJA Engineering, Inc. BY New Hampshire 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 1 k WC 42 03 04 B Countersigned by (Ed. 6-14) Authorized Representative 0 Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 18 of 20 7/26/2024 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 08/01/2024 Issued to LJA Engineering, Inc. By New Hampshire 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 WC 99 04 11 Countersigned by ------------------------------ (Ed. 08/03) Authorized Representative 81156796 124/25 Master Certificate I Rebecca Puente 17/26/2024 11:48:47 AM (EDT) I Page 19 of 20 7/26/2024 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 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 08/01/2024 Issued to LJA Engineering, Inc. By New Hampshire 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 additional premium for this endorsement shall be 2.00 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization 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. WC 04 03 06 Countersigned by (Ed. 04/84) Authorized Representative 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 20 of 20 7/26/2024 POLICY NUMBER: CA5774680 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 ❑f 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: 08/01/2024 Named Insured: LJA Engineering, Inc. i Name of Persontsl or Organization(s): AS REQUIRED PER WRITTEN CONTRACT ICountersigned By: SCHEDULE (Authorized Representative) CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) 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 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 4 of 20 ENDORSEMENT This endorsement, effective 12:01 A.M. 7/26/2024 forms a part of policy No. issued to LJA Engineering, Inc. CA 5774680 by National Union Fire Ins Co Pittsburgh PA II:IRE:1 0I91011.1.1:IPiI:I►i11903:ML1Ed:91111111111a:11111l1011IWA9I:F_F9 V.1:Fe1oil 11119H_1:1:11114WM 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) 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 5 of 20 ENDORSEMENT This endorsement, effective 12:01 A.M. 7/26/2024 forms a part of Policy No. CA 5774680 issued to LJA Engineering, Inc. by National Union Fire Ins Cc 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 (03/1 1 ) Authorized Representative or Countersignature (in States Where Applicable) 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 6 of 20 ENDORSEMENT This endorsement, effective 12:01 A.M. 08/01/2024 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. - Lass Conditions, 5. - 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 "loss" 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. it AUT QR,, REPRESENTATIVE 62897 (6/95) 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 7 of 20 LJA Engineering, Inc. 7/26/2024 POLICY NUMBER: GL 6360582 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 (D Insurance Services Office, Inc., 2018 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) 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 9 Insurance Services Office, Inc., 2018 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 9 of 20 CG20101219 LJA Engineering, Inc. 7/26/2024 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 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 10 of 20 LJA Engineering, Inc. 7/26/2024 POLICY NUMBER: GL 6360582 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. 81156796 1 2ii7'2AA1 111?AP., I Rebecca Puente I7/z$%Zt7 r'TS•'78' 9`Y'�iMvlE?D`Pr Igt%cI, jpq , 2018 Page 1 of 1 LJA Engineering, Inc. 7/26/2024 POLICY NUMBER: GL 6360582 COMMERCIAL GENERAL LIABILITY GG 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 nonpayment 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 Services Office, Inc., 1992 Page 1 of 1 0 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 12 of 20 LJA Engineering, Inc. 7/26/2024 POLICY NUMBER: GL 6360582 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 O Insurance Services Office, Inc., 2018 Page 1 of 1 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:98:97 AM (EDT) I Page 13 of 20 B0146LDUSA2405147 LJA Engineering, Inc. 7/26/2024 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. 8. 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 2. The Named Assured promptly provides the Insurers with such information in connection therewith as the Insurers may reasonably deem necessary, and Page 1 21 A/E Select 2013 v8 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 14 of 20 This Endorsement forms part of Policy NO.: B0146LDusA2405147 7/26/2024 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 for the 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) 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 15 of 20 7/26/2024 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 08/01/2024 forms a part of Policy No. WC 013265763 (AOS) Issued to LJA Engineering, Inc. By New Hampshire Insurance Compan LIMITEDD 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, 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. 04111) 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 16 of 20 WAIVER OF OUR RIGHT T❑ 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 follawing "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 08/01/2024 forms a part of Policy No. WC 013265763 (AOS) Issued to LJA Engineering, Inc. By New Hampshire 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 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) 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 08/01/2024 forms a part of Policy NO. WC 013265763 (AOS) Issued to LJA Engineering, Inc. BY New Hampshire 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 WC 42 03 04 B Countersigned by (Ed. 6-14) Authorized Representative 0 Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 18 of 20 7/26/2024 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 08/01/2024 Issued to LJA Engineering, Inc. By New Hampshire 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 81156796 1 24/25 Master Certificate I Rebccca P—tc 1 7/26/2024 11:48:47 AM (EDT) I Page 19 of 20 7/26/2024 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 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 08/01/2024 Issued to LJA Engineering, Inc. BY New Hampshire 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 additional premium for this endorsement shall be 2.00 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization 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. WC 04 03 06 Countersigned b 9 Y - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - % (Ed. 04/84) Authorized Representative 81156796 1 24/25 Master Certificate I Rebecca Puente 1 7/26/2024 11:48:47 AM (EDT) I Page 20 of 20 FORTWORTH. Routing and Transmittal Slip Transportation & Public Works DOCUMENT Professional Services Contract with LJA TITLE: Engineering, Inc. M&C: N/A CPN: 104410 CSO: DOC9: Date: To: Name Department Initials Date Out 1. Aziz Rahman TPW - Signature-& 2. Rajnish Gupta TPW — Initial 3. Anna Benavides AD TPW — Initial 0 4. Martin Phillips TPW — Initial wo 5. Lauren Prieur TPW - Signature W- 9DB 6. Doug Black Legal — Signature 7. Jesica McEachern CMO - Signatures, 8 Ronald Gonzales CMO - Signature 9 Jannette Goodall CSO - Signature 10. Allison Tidwell CSO - Initial 11 Aziz Rahman TPW 12. DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES MNo RUSH: ❑YES ❑No SAME DAY: DYES ❑No NEXT DAY: DYES ❑No ROUTING TO CSO: MYES ❑No Action Required: ❑ As Requested ❑ For Your Information M Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs TPWContractsa,FortWorthTexas.2ov at ext. 7233 for pick up when completed. Return To: Thank you!