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HomeMy WebLinkAboutContract 53690 CSC No.53690 CITY OF FORT WORTH, TEXAS �'19% STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("City"), and Lamb-Star Engineering, LLC, authorized to do business in Texas ("Consultant"), for a PROJECT generally described as: Construction Inspection Services for Infrastructure Projects. Article I Scope of Services (1) Consultant hereby agrees to perform the professional services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Construction Inspection Services for Infrastructure Projects. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from non-written orders of any person. Article II Compensation Consultant shall be compensated an amount up to $5,000,000.00 in accordance with the Fee Schedule shown in Attachment "B". There is no guarantee of any specific amount of work. Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Article III Term Unless terminated pursuant to Article VIII herein, this Agreement shall be for a term of five (5) years beginning on the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. In no event, however, shall the term of this Agreement, unless amended in writing and executed by both parties, extend past the expiration of seven years from the City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 EFT. CIAL RECORV Page 1 of 9 ® &. SECRETARY WORTH, Tx effective date established herein or of the last amendment which operates to extend the term, if any. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) THE CONSULTANT, AT NO COST TO THE CITY, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date: 11.07.17 Page 2 of 9 all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be attached to this Agreement prior to its execution. c. Any failure on part of the City to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 3 of 9 g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) a. City may terminate this Agreement for its convenience on 30 days' written notice to Consultant. b. Either the City or the Consultant, for cause, may terminate this Agreement 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 City chooses to terminate this Agreement, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article II of this Agreement and Attachment "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 4 of 9 or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12-2011, as amended), the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant 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. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 5 of 9 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. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII Immigration Nationality Act Consultant 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, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant 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 Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. Article XIII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIV Contract Construction The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 6 of 9 any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVI Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Roy Teal Transportation & Public Works Dept. 8851 Camp Bowie West Blvd. Fort Worth, Texas 76116 Consultant: Lamb-Star Engineering, LLC Attn: Dennis Alsup, CCM 5700 W. Plano Parkway, Suite 1000 Plano, TX 75093 Article XVII Prohibition On Contracts With Companies Boycotting Israel Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel' and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Article XVIII Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date: 11.07.17 Page 7 of 9 Article XIX Attachments, Schedules and Counterparts 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 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH CONSULTANT Lamb-Star gineering, LLC aw Dana Burghdaff(Mbf 23,2020)" Dana Burghdoff John Lamb, PE Interim Assistant City Manager President Date: Mar 23,2020 Date: :3"/V,6),0 APPROVAL RECOMMENDED: l3y:wiwn;Jo son(Mar 23,2020) William M. Johnson Director, Transportation & Public Works City of Fort worth,Texas OFFICIAL RECORD Standard Agreement for Professional Services Revision Date:11.07.17 CITY SECRETARY Page 8 of 9 FT. WORTH,TX Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting Form 1295 No.LID a0-- 574,0)-5 requirements. Tea(Mar23,2020) M&C No.: 20-0123 R Roy Teal Sr. Capital Project Officer MSC Date: 3/3/2020 APPROVED AS TO FORM AND LEGALITY ATTEST: B Y:Mack(Mar 23,2020) l tl!/ v A. Douglas W. Black Mary J. Kayser Sr.Assistant City Attorney City Secretary City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Professional Services 1Date:11.07.17 Page 9of9 CITY SECRETARY T CITY FT. ` X ATTACHMENT "A" Scope for Construction Inspection Services for City Infrastructure Projects The scope set forth herein defines the work to be performed by the Inspector project. Both the CITY and CONSULTANT have attempted to clearly define the work to be performed and address the needs of the Project. TASKS TO BE PERFORMED All of the work mentioned below shall be performed by CONSULTANT for the following task: Task 1 Construction Inspection TASK 1. CONSTRUCTION INSPECTION Work assigned under this task may include, but not limited to: Pre-Construction Phase • Visit the project site to verify the accuracy of the construction plans with respect to the field conditions. • Video the project site to document the pre-construction conditions. • Review the project plans and contract documents. Notify the City of any omissions, overages or under runs of the bid items. • Prepare project folders and daily log books for each client department. • Attend both the pre-construction meeting with the contractor and the pre- construction neighborhood meeting with the public, if required. Construction Phase • Inspect contractor's work for adherence to the project's construction plans and specifications. • Collect water samples for bacteriological testing. • Provide daily inspections of the project to insure that the contractor's activities adhere to the construction plans and specifications. • Report any issues with the contractor or citizens to City staff. • Maintain red-line drawings of project to document field changes during construction. City of Fort Worth Attachment A Page 1 of 2 • Maintain daily log record of project. Should include but not limited to contractor comments, instructions given, construction conflicts, disputes, construction activity. • Prepare pay estimates. The quantities shall be field verified with the contractor. Post-Construction Phase • Perform preliminary walk through with contractor to create punch-list of corrections. • Insure that all work required of the contractor has been completed. • Schedule, attend and participate in the final inspection with City staff and the contractor. Inspect any punch-list items after the contractor has completed them. • Collect close-out documentation from the contractor. (i.e. consent of surety, affidavit of bills paid) • Prepare close-out documents required by the City. City of Fort Worth Attachment A Page 2 of 2 Construction Inspection Services for Infrastructure Projects Time with Rate Schedule Project I. Compensation A. The CONSULTANT shall be compensated up to $5,000,000.00 for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the CONSULTANT's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Rate $/hour* Construction Inspector I <5 yrs ex $75 Construction Inspector 15 - 10 yrs ex $85 Construction Inspector I > 10 yrs ex $95 * Hourly Labor Rate may be adjusted annually in an amount not to exceed the percentage Construction Cost Index increase as published by Engineering News- Record. The January 2020 Construction Cost Index of 11392 shall be used as the base index when determining the annual percentage adjustment for the twelve (12) months following the Effective Date. The CONSULTANT shall notify the City of Fort Worth in writing annually during the term of this Agreement of the CONSULTANT's projected annual increase in the Hourly Rates. Hours worked beyond 40 per week shall be paid as straight time overtime. ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 2 B-1 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 CONSULTANT plus a markup of ten percent (10%). iv. Budgets. CONSULTANT 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. CONSULTANT is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay CONSULTANT beyond these limits. If CONSULTANT 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 CONSULTANT 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, CONSULTANT's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The CONSULTANT shall be paid monthly payments as described in Section II - Method of Payment. There is no guarantee of any specific amount of work. II. Method of Payment A. The CONSULTANT 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 CONSULTANT, based on the actual hours and costs expended by the CONSULTANT 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 CONSULTANT. C. Payment of invoices will be subject to certification by the City that such work has been performed. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 2 B-2 Lamb-Star Engineering Proposed Contract Changes Attachment C MODIFICATIONS TO STANDARD AGREEMENT ARTICLE V Professional Competence and Indemnification Reword paragraph 1 as follows: Work performed by Consultant shall comply in all aspects with all current and applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. Reword paragraph 2 as follows: THE CONSULTANT, AT NO COST TO THE CITY, AGREES TO, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, TO THE EXTENT THAT THE CONSULTANT IS RESPONSIBLE FOR SUCH CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES ON A COMPARATIVE BASIS OF FAULT AND RESPONSIBILITY INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF(i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, THE CONSULTANT IS NOT OBLIGATED TO INDEMNIFY THE CITY FOR THE CITY'S OWN NEGLIGENCE. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. ARTICLE XI Observe and Comply Reword paragraph 1 as follows: Consultant shall at all times observe and comply with all current and applicable federal, state, and local 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 current and applicable 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. Consultant agrees to indemnify and hold harmless City and all of its officers and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. COMMERCIAL AUTO POLICY NUMBER:. X-8.10-2L734106-TTA-.18 ISSUE DATE: 09-26-18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - EARLIER NOTICE OF CAN CELLATIONMONRENEWAL PROVIDED BY US - TEXAS This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE CANCELLATION: Number of Days Notice: 30 WHEN WE DO NOT RENEW(Nonrenewal): Number of Days Notice: NAME: SEE CA T8 00 ADDRESS: PROVISIONS (Nonrenewal), as provided in the CONDITIONS X For any statutorily permitted reason other than Section of this insurance, or as amended by any nonpayment of premium, the number of days re- applicable state When We Do Not Renew (Non- qu.ired for notice of cancellation, as provided in renewal) endorsement applicable to this insur- the CONDITIONS Section of this insurance, or as ance, is increased to the number of days shown amended by any applicable state cancellation en- in the SCHEDULE above. dorsement applicable to this insurance, is in- C. We will mail notice of cancellation or nonrenewai creased to the number of days shown in the or material limitation of those coverage.forms to SCHEDULE above. the person or organization shown in the schedule t3_......F.or_.any..:statutoril.y..permitted...-reason-_other. than_...... .........above:We will-mail,the--notice at,least the Num- nonpayment of premium, the number of days re- ber of Days indicated above before the effective quired for notice .of When We Do Not Renew date to our action. CA FO 86 02.15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1.of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO. POLICY ENDORSEMENT - CA T8 00 09 18 POLICY NUMBER X-810-2L734106-TIA-18 ** THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ** DESIGNATED ENTITY - EARLIER NOC NAMED INSURED IS AMENDED TO READ: DESIGNATED ENTITY - EARLIER NOTICE OF CANCELLATION NONRENEWAL PROVIDED BY US - TEXAS SEE CA F0 86 02 15 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A. WRITTEN CONTRACT THAT NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL LIMITATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME. AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION, NONRENEWAL OR MATERIAL LIMITATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. EFFECTIVE DATE 09-10-18 EXPIRATION DATE 09-02-19 PAGE 0001 DATE OF ISSUE 09-26-18 POLICY NUMBER: 680-2L835439-18-47 ISSUE DATE: 0.9/25/201.8 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, DESIGNATED ENTITY NOTICE OF CANCELLATIONMON RENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NONRENEWAL: Number of Days Notice of Nonrenewal: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR NONRENEWAL OF THIS POLICY WILL BE GIVEN., BUT ONLY IF: I. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER. THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR NONRENEWAL OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THR ADDRESS FOR THAT PERSON OR ORGANIZ- ATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: A. if we cancel this policy for any statutorily permit- B. If we decide to not renew this policy for any statu- torily permitted reason, and a number of days is ted reason other than nonpayment of premium, shown for nonrenewal in the schedule above, we and a number of days is shown for cancellation in will mail notice of the nonrenewal to the person or the schedule above, we will mail notice of cancel organization shown in the schedule above. We lation to the person or organization shown in the will mail such notice to the address shown in the schedule above. We will mail such notice to the schedule above at least the number of days address shown in the schedule above at least the shown for nonrenewal in the schedule above be- number of days shown for cancellation in the fore the expiration date. schedule above before the effective date of can- cellation.. IL T4.00 12 09 ©2009 The Travelers Indemnity Company Page 1 of 1 A4 WORKERS COMPENSATION TRAVELERS J AND EMPLOYERS LIABILITY POLICY ONE TOWER SQUARE HARTFORD CT 06183 ENDORSEMENT WC 99 03 J9 (00) - 001 POZICYNUMBER: UB-2L695451-18-47-G KANSAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Kansas 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. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us, and 1- Such written contract is not a construction contract subject to the Kansas Fairness in Private Construction Contract Act (Kan. Stat. Sections 16-1801 through 16-1807) or the Kansas Fairness in Public Construction Con- tract Act (Kan. Stat. Sections 16-1901 through 16-1908), or any amendments to those laws; or 2. This policy is part of a consolidated or wrap-up insurance program. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. 0 0 n 9 0 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 issuance of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by DATE OF ISSUE 09-18-18 STASSIGN Pagel of 1 eQ Copyright 2094 National Council on Compensation Insurance, Inc.All Flights Reserved. nnrCG'� t TRAVELERS WORKERS COMPENSATION . AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 99 06 R3 (00) - 001 POLICY NUMBER: UB-2L695451-18-47-G NOTICE OF CANCELLATION TO DESIGNATED PERSONS OR ORGANIZATIONS The following is added to PART SIX —CONDITIONS : Notice Of Cancellation To Designated Persons Or Organizations If we cancel this policy for any reason other than non-payment of premium by you, we will provide notice of such cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address at least the number of days shown for that person or organiza- tion before the cancellation is to take effect. You are responsible for providing us with the information necessary to accurately complete the Schedule below. If we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation. SCHEDULE Name and Address of Designated Persons or Organizations: Number of Days Notice ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT 30 NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: I. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY, AND 2. WE RECEIVED SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. All other terms and conditions of this policy remain unchanged. 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.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by DATE OF ISSUE: 09-18-18 ST ASSIGN: Page 1 of 1 Q 2013 The Travelers Indemnity Company.All rights reserved. C TRAYELERS AW WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 86183 ENDORSEMENT WC 42 03 04( B) — 001 POLICY NUMBER: UB-2L695451-18-47-G TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. 1. ❑ Specific Waiver �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 .00 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: $SEE SCHEDULE 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.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: 49-18-18 STASSIGN: Page 1 of 1 0 Copyright 2014 National Council on Compensation Insurance,Inc.Ail Rights Reserved. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BI ❑NKET ADDITIONAI INSURED -- PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organization, that is signed by you before the Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requires that person's or organization's liability for the this insurance to be primary and non-contributory. conduct of another"insured". CA T4 74 02 16 0 2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF B. BLANKET ADDITIONAL INSURED USE — INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L, NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE — INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE —GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION II —COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE in Section II. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain I. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 18Dth day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier, name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.Z., 2. The following replaces Paragraph b. in B.S., Who Is An Insured, of SECTION II — COVERED Other Insurance. of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos" you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow: and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 Q 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured" against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured, of SECTION II —COVERED AUTOS tions. LIABILITY COVERAGE: (ii) Neither you nor any other involved Any "employee" of yours is an "insured" while us- "insured" will make any settlement ing a covered "auto" you don't awn, hire or borrow without our consent. in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED (iii) in may, at our discretion, participate LIMITS in defending the "insured" against, or in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION Ii — COVERED AUTOS LIABIL- (iv) We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II — COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to S500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE— INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, ern- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (e) This insurance is not a substitute for re- and that is not an "auto' you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited iiability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Inciudes copyrighted material of Insurance Services office,Inc. with its permission. 001764 COMMERCIAL AUTO You agree to maintain all required or (2y In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will coverage. not invalidate the coverage afforded by this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions. of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto" you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance- b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE— GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one "loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV— BUSINESS AUTO CONDITIONS USE — INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph A.4.b., Loss Of Use Expenses. of SEC- plies only when the "accident" or "loss" is known TION III— PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual)- for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one "accident". (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION parry); EXPENSES— INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager (if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization): or SECTION III — PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by you to give no- AGE: tice of the "accident" or"loss"- We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION 51,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto" of the private passenger type, of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: or"loss", provided that the "accident" or"loss" (1) Owned by an "Insured and arises out of operations contemplated by CA T3 53 02 15 @ 2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUT❑ such contract. The waiver applies ❑nly to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR ❑MISSIONS ever this provision does not affect our right to coi- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV— BUSINESS AUT❑ CONDITIONS: 0 0 0 0 MOM 0 a.ww. u Page 4 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc with its permission 001765 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS COVERAGE XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured K. Additional Insured — Lessor Of Leased Equipment B. Incidental Medical Malpractice L. Additional Insured — State Or Political C. Reasonable Force — Bodily Injury Or Property Subdivisions — Permits Relating To Premises Damage M. Additional Insured — State Or Political D. Non-Owned Watercraft — Increased To Up To 75 Subdivisions — Permits Relating To Operations feet N. Who Is An Insured — Newly Acquired Or Formed E. Aircraft Chartered With Crew Organizations F. Damage To Premises Rented To You O. Knowledge And Notice Of Occurrence Or Offense G. Malicious Prosecution — Exception To Knowing P. Unintentional Omission Violation Of Rights Of Another Exclusion Q. Waiver Of Transfer Of Rights Of Recovery H. Medical Payments — Increased Limit Against Others To Us When Required By Written "= I. Increased Supplementary Payments Contract J. Additional Insured — Owner. Manager Or Lessor R. Amended Insured Contract Definition — Railroad Of Premises Easement _ PROVISIONS Unless you are in the business or occupation c A. BROADENED NAMED INSURED of providing professional health care services, �— "occurrence" also means an act or omission �= 1. The following is added to SECTION II —WHO committed in providing or failing to provide IS AN INSURED: first aid or "Good Samaritan services" to a Any organization, other than a partnership or person. joint venture, over which you maintain 2. The following is added to the DEFINITIONS ownership or majority interest on the effective Section: date of the policy qualifies as a Named Insured. However, coverage for any such "Goad Samaritan services" means any additional organization will cease as of the emergency medical services for which no ° date during the policy period that you no compensation is demanded or received. longer maintain ownership of, or majority 3. The following is added to Paragraph 2.a.(1) of LL` interest in, such organization. SECTION II —WHO IS AN INSURED: B. INCIDENTAL MEDICAL MALPRACTICE Unless you are in the business or occupation 1. The following is added to the definition of of providing professional health care services, "occurrence" in the DEFINITIONS Section: Paragraphs (1)(a), (b), (c) and (d) above CG D3 79 01 15 O 2016 The Travelers Indemnity Company.All rights reserved. Page I of 6 003725 COMMERCIAL GENERAL LIABILITY does not apply to any "bodily injury" arising insured. This exclusion does not apply to out of any providing or failing to provide first "bodily injury" or "property damage" resulting aid or "Good Samaritan services" by any of from the use of reasonable force to protect your "employees", other than an employed any person or property. doctor. Any such "employees" providing or D. NON-OWNED WATERCRAFT — INCREASED failing to provide first aid or "Good Samaritan TO UP TO 75 FEET services" during their work hours for you will be deemed to be acting within the scope of 1• The following replaces Paragraph (2) of their employment by you or performing duties Exclusion g., Aircraft, Auto Or Watercraft, related to the conduct of your business. in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY 4. The following exclusion is added to INJURY AND PROPERTY DAMAGE Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A BODILY LIABILITY: INJURY AND PROPERTY DAMAGE (2) A watercraft you d❑ not own that is: LIABILITY in COVERAGES: (a) Less than 75 feet long; and Sale of Pharmaceuticals (b) Not being used to carry any person or "Bodily injury" or "property damage" arising property for a charge; out of the willful violation of a penal statute or 2. The following is added to Paragraph 2. of ordinance relating to the sale of SECTION II—WHO IS AN INSURED: pharmaceuticals committed by, or with the Any person or organization that, with your knowledge or consent of. the insured. express or implied consent, either uses or is 5. The following is added to Paragraph 5. of responsible for the use of a watercraft that SECTION III—LIMITS OF INSURANCE: you do not own that is: For the purposes of determining the (a) Less than 75 feet long; and applicable Each Occurrence Limit, all related (b) Not being used to carry any person or acts or omissions committed in the providing property for a charge; or failing to provide first aid or "Good Samaritan services" to any one person will be 3. The following is added to Paragraph 4.111b., considered one "occurrence". Excess Insurance, of SECTION IV COMMERCIAL GENERAL LIABILITY— fi, The following is added to Paragraph 4-b­ COMMERCIAL Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY This insurance is excess over any valid and CONDITIONS: collectible other insurance, whether primary, excess, contingent or on any other basis, that This insurance is excess over any valid and collectible other insurance, whether primary, is available to the insured for "bodily injury" p y that arises out of the use of a watercraft that excess, contingent or on any other basis, that you do not own that is: is available to any of your "employees" for "bodily injury" that arises out of providing or (a) Less than 7S feet long; and failing to provide first aid or "Good Samaritan (b) Not being used to carry any person or services" to any person to the extent not property for a charge• subject to Paragraph 2.a.(1) of Section II — E. AIRCRAFT CHARTERED WITH CREW Who Is An Insured- C. REASONABLE FORCE — BODILY INJURY OR 1• The following is added to Exclusion g., PROPERTY DAMAGE Aircraft, Auto Or Watercraft, in Paragraph The following replaces Exclusion a., Expected Or 2. of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND Intended Iniury, in Paragraph 2. of SECTION' ' — COVERAGES — COVERAGE A BODILY PROPER'f DAMAGE LIABILITY in COVERAGES: INJURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft a. Expected Dr Intended injury Or Damage that is: "Bodily injury" or "property damage" expected or intended from the standpoint of the (a) Chartered with crew to any insured; Page 2 of 6 G 2016 The Travelers indemnity Company.All rights reserved. CG D3 79 01 16 COMMERCIAL GENERAL LIABILITY (b) Not owned by any insured; and 2. The following replaces Paragraph 6. of (c) Not being used to carry any person or SECTION III — LIMITS OF INSURANCE: property for a charge. Subject to 5. above, the Damage To 2. The following is added to Paragraph 4.b., Premises Rented To You Limit is the most we Excess Insurance, of SECTION IV — will pay under Coverage A for damages COMMERCIAL GENERAL LIABILITY because of "property damage" to any one CONDITIONS: premises while rented to you, or temporarily occupied by you with permission of the This insurance is excess over any valid and owner, caused by fire; explosion; lightning; collectible other insurance, whether primary, smoke resulting from such fire, explosion, or excess, contingent or on any other basis. that lightning; or water. The Damage To Premises aircraft that is:available to the insured for use of an Rented To You Limit will apply to all damage a proximately caused by the same (a) Chartered with crew to any insured; "occurrence". whether such damage results (b) Not owned by any insured; and from: fire; explosion; lightning; smoke (c) Not being used to carry any person or resulting from such fire, explosion, or lightning; or water; or any combination of any property for a charge, of these. F. DAMAGE TO PREMISES RENTED TO YOU The Damage To Premises Rented To You 1. The following replaces the last paragraph of Limit will be the higher of: Paragraph 2., Exclusions, of SECTION I — a. S1,000,000; or COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE b. The amount shown on the Declarations of LIABILITY in COVERAGES: this Coverage Part for Damage To Exclusions c. through n. do not apply to Premises Rented To You Limit. damage to premises while rented to you, or 3. The following replaces Paragraph a. of the temporarily occupied by you with permission definition of "insured contract" in the of the owner, caused by: DEFINITIONS Section: a. Fire; a. A contract for a lease of premises. b. Explosion; However, that portion of the contract for a c. Lightning; lease of premises that indemnifies any person or organization for damage to d. Smoke resulting from such fire, explosion, premises while rented to you, or or lightning, or temporarily occupied by you with e. Water. permission of the owner, caused by: A separate limit of insurance applies to such (1) Fire; a; damage to premises as described in (2) Explosion; �= Paragraph 6. of Section III — Limits Of Insurance. This insurance does not apply to (3) Lightning; d— damage to premises while rented to you, or (4) Smoke resulting from such fire, temporarily occupied by you with permission explosion, or lightning; or of the owner, caused by: (5) Water, a. Rupture, bursting, or operation of is not an "insured contract"; pressure relief devices; b. Rupture or bursting due to expansion or 4. The following replaces Paragraph 4.b.(1)(b) ° of SECTION IV — COMMERCIAL GENERAL swelling of the contents of any building or structure, caused by or resulting from LIABILITY CONDITIONS: water, or (b) That is insurance for premises rented to c. Explosion of steam boilers, steam pipes, you, or temporarily occupied by you with steam engines, or steam turbines. the permission of the owner; CG D3 79 01 16 m 2016 The Travelers Indemnity Company.All rights reserved. Page 3 of 6 003726 COMMERCIAL GENERAL LIABILITY G. MALICIOUS PROSECUTION — EXCEPTION TO insured, but only with respect to liability for "bodily KNOWING VIOLATION OF RIGHTS OF injury", "property damage". "personal injury" or ANOTHER EXCLUSION "advertising injury`that: The following is added to Exclusion a., Knowing a. is "bodily injury" or "property damage" caused Violation Of Rights Of Another, in Paragraph 2. by an "occurrence" that takes place• or of SECTION I •- COVERAGES — COVERAGE B "personal injury" caused by an offense that is PERSONAL AND ADVERTISING INJURY committed, after you have signed that LIABILITY: contract; and This exclusion does not apply to "personal injury' b. Arises out of the ownership, maintenance or caused by malicious prosecution. use of that part of any premises leased to you H. MEDICAL PAYMENTS— INCREASED LIMIT under that written contract. The following replaces Paragraph 7. of SECTION The insurance provided to such premises owner. III — LIMITS OF INSURANCE; manager or lessor is subject to the following 7. Subject to 5. above, the Medical Expense provisions: Limit is the most we will pay under Coverage a. The limits of insurance provided to such C. for all medical expenses because of premises owner, manager or lessor will be "bodily injury" sustained by any one person, the limits which you agreed to provide in the and will be the higher of: written contract, or the limits shown on the (a) $10,000; or [Declarations of this Coverage Part, whichever are less. (b) The amount shown on the Declarations of this Coverage Part for Medical Expense b• The insurance provided to such premises Limit. owner, manager or lessor does not apply to: I. INCREASED SUPPLEMENTARY PAYMENTS (1) "Bodily injury" or "property damage" caused by an 'occurrence" that takes 1. The following replaces Paragraph 1.b. of place, or "personal injury" caused by an SUPPLEMENTARY PAYMENTS — offense that is committed, after you COVERAGES A AND B of SECTION I — cease to be a tenant in that premises; or COVERAGES: b. Up to $2,500 for cost of bail bonds (2) Structural alterations, new construction or required because of accidents or traffic demolition operations performed by or on law violations arising out of the use of any behalf of such premises owner, manageror lessor. vehicle to which the Bodily Injury Liability Coverage applies. We do not have to c. The insurance provided to such premises furnish these bonds. owner, manager or lessor is excess over any 2. The following replaces Paragraph 1.d. of valid and collectible other insurance available SUPPLEMENTARY PAYMENTS — to such premises owner, manager or lessor, COVERAGES A AND B of SECTION I — unless you have agreed in a written contract COVERAGES: for this insurance to apply on a primary or Contributory basis. d_ All reasonable expenses incurred by the K. ADDITIONAL INSURED — LESSOR OF LEASED insured at our request to assist us in the EQUIPMENT investigation or defense of the claim or "suit'• including actual loss of earnings up The following is added to SECTION II — WHO IS to $500 a day because of time off from AN INSURED: work. Any person or organization that is an equipment J. ADDITIONAL INSURED — OWNER, MANAGER lessor and that you have agreed in a written OR LESSOR OF PREMISES contract to name as an additional insured on this The following is added to SECTION II — WHO IS Coverage Part is ��,sured, but only with respect AN INSURED: to liability for "bodily injury". "property damage", Any person or organization that is a premises "personal injury" or "advertising injury'that: owner, manager or lessor and that you have a• Is "bodily injury' or "property damage" caused agreed in a written contract to name as an by an "occurrence" that takes place, or additional insured on this Coverage Part is an "personal injury' caused by an offense that is Page 4 of 6 02016 The Travefers Indemnity Company.All rights reserved. CG D3 79 01 16 COMMERCIAL GENERAL LIABILITY committed, after you have signed that written M. ADDITIONAL INSURED — STATE OR contract; and POLITICAL SUBDIVISIONS — PERMITS b. Is caused, in whole or in part, by acts or RELATING TO OPERATIONS omissions of you or any person or The following is added to Paragraph 2. of organization performing operations on your SECTION II —WHO IS AN INSURED: behalf. in the maintenance, operation or use Any state or political subdivision that has issued a of equipment leased to you by such permit with respect to operations performed by equipment lessor. you or on your behalf is an insured, but only with The insurance provided to such equipment lessor respect to "bodily injury", "property damage", is subject to the following provisions: "personal injury" or "advertising injury" arising out of operations performed by you or on your behalf a. The limits of insurance provided to such for which that state or political subdivision has equipment lessor will be the limits which you issued such permit. However, no such state or agreed to provide in the written contract, or political subdivision is an insured for: the limits shown an the Declarations of this (1) "Bodily Injury". "property damage" "personal Coverage Part, whichever are less: and injury" or "advertising injury" arising out of b. The insurance provided to such equipment operations performed for that state or political lessor does not apply: subdivision; or (1) To any "bodily injury" or "property (2) "Bodily injury" or "property damage" included damage" caused by an "occurrence" that within the "products — completed operations takes place, or "personal injury" caused hazard". by an offense that is committed, after the N. WHO IS AN INSURED — NEWLY ACQUIRED equipment lease expires: or OR FORMED ORGANIZATIONS (2) If the equipment is leased with an The following replaces Paragraph 4.a. of operator. SECTION II —WHO IS AN INSURED: c. The insurance provided to such equipment a. Coverage under this provision is afforded lessor is excess over any valid and collectible only: other insurance available to such equipment (1) Until the 180th day after you acquire or lessor, unless you have agreed in a written form the organization or the end of the contract for this insurance to apply an a policy period, whichever is earlier, if you primary or contributory basis. do not report such organization in writing L. ADDITIONAL INSURED -- STATE OR to us within 180 days after you acquire or ° POLITICAL SUBDIVISIONS — PERMITS form it: or RELATING T O PREMISES (2) Until the end of the policy period, when The following is added to Paragraph 2. of that date is later than 180 days after you SECTION II —WHO IS AN INSURED: acquire or form such organizations, if you report such organization in writing to us Any state or political subdivision that has issued a within 180 days after you acquire or form permit in connection with premises owned or it. G- occupied by, or rented or loaned to, you, is an O. KNOWLEDGE AND NOTICE OF insured, but only with respect to "bodily injury", OCCURRENCE OR OFFENSE "property damage", "personal injury" or "advertising injury" arising out of the existence. The following is added to Paragraph 2., Duties In ownership, use, maintenance, repair, The Event of Occurrence, Offense, Claim Or construction, erection or removal of advertising Suit, of SECTION IV — COMMERCIAL signs, awnings, Canopies, cellar entrances. coal GENERAL LIABILITY CONDITIONS: holes, driveways, manholes. marquees, hoist e. The following provisions apply to Paragraph away openings, sidewalk vaults, elevators, street a. above, but only for the purposes of the banners or decorations for which that state or insurance provided under this Coverage Part political subdivision has issued such permit. to you or any insured listed in Paragraph 1. or 2. of Section II —Who Is An Insured: CG D3 79 01 16 CQ 2016 The Travelers Indemnity Company.All rights reserved. Wage 5 of 6 003727 COMMERCIAL GENERAL LIABILITY (1) Notice to us of such "occurrence" or of an health insurer. This applies only if you offense must be given as soon as subsequently give notice to us of the practicable only after the "occurrence" or "occurrence" or offense as soon as offense is known to you (if you are an practicable after any of the persons individual), any of your partners or described in Paragraphs e. (1) or (2) members who is an individual (if you are a above discovers that the "occurrence" or partnership or joint venture), any of your offense may result in sums to which the managers who is an individual (if you are insurance provided under the Coverage a limited liability company), any of your Part may apply. trustees who is an individual (if you are P. UNINTENTIONAL OMISSION a trust), any of your "executive officers" or directors (if you are an organization other The following is added t❑ Paragraph 6., than a partnership, joint venture, limited Representations, of SECTION IV — liability company or trust)• or any COMMERCIAL GENERAL LIABILITY "employee" (such as an insurance, loss CONDITIONS: control or risk manager or administrator) The unintentional omission of, or unintentional authorized by you to give notice of an error in, any information provided by you which "occurrence" or offense. we relied upon in issuing this policy will not Knowledge by any other "employee" of an prejudice your rights under this insurance. "occurrence" or offense does not imply However, this provision does not affect our right that you also have such knowledge. to collect additional premium or to exercise our rights of Cancellation or nonrenewal in (2) If you are a partnership, joint venture, accordance with applicable insurance laws or limited liability company or trust, and regulations. none of your partners, joint venture members, managers or trustees are Q• WAIVER OF TRANSFER OF RIGHTS OF individuals, notice to us of such RECOVERY AGAINST OTHERS TO US WHEN "occurrence" or offense must be given as REQUIRED BY WRITTEN CONTRACT soon as practicable only after the The following is added to Paragraph 8., Transfer "occurrence" or offense is known by: of Rights of Recovery Against Others to Us, of (a) Any individual who is: SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: (i) A partner or member of any partnership or joint venture; We waive any right of recovery we may have against any person or organization because of (ii) A manager of any limited liability payments we make for injury or damage arising company; out of premises owned or occupied by or rented (iii)A trustee of any trust; or or loaned to you; ongoing operations performed (iv)An executive officer or director of by you or on your behalf, done under a written any other organization; contract with that person or organization; "your work or "your products We waive this right that is your partner, joint venture where you have agreed to do so as part of a member, manager or trustee; or written contract signed by you prior to loss. (b) Any "employee" authorized by such R. AMENDED INSURED CONTRACT DEFINITION partnership, joint venture, limited — RAILROAD EASEMENT liability company, trust or other organization to give notice of an The following replaces Paragraph c. of the "occurrence" or offense. definition of "insured contract" in the DEFINITIONS Section: (3) Notice to us of such "occurrence" or offense will be deemed to be given as Any easement❑r license agreement; soon as practicable if It is given in good 2. Paragraph f.(1) of the definition of "insured faith as soon as practicable to your contract" in the DEFINITIONS Section is workers' compensation, accident, or deleted. Page 6 of 6 D 2016 The Travelers indemnity Company.All rights reserved. CG D3 79 01 16 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS h. This insurance does not apply to "bodily AN INSURED: injury" or "property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance"to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" specifically requires you to provide such a. only with respect to liability for "bodily injury", coverage for that additional insured, and then "property damage" or "personal injury"; and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage" that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period, whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS.- omissions of such person or organization; or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury" for which such person or insurance, whether primary, excess, contingent or has assumed liability in a on any other basis, that is available to the organization contract agreement. additional insured for a loss we cover. However, if you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part c e. This insurance does not apply on any basis to must apply on a primary basis or a primary and any person or organization for which non-contributory basis, this insurance is primary coverage as an additional insured specifically to other insurance available to the additional insured which covers that person or organizations is added by another endorsement to this as a named insured for such loss, and we will not Coverage Part. share with the other insurance, provided that: f. This insurance does not apply to the (1) The "bodily injury" or "property damage" for rendering of or failure to render any "professional services". which coverage is sought occurs; and (2) The "personal injury" for which coverage is g. In the event that the Limits of Insurance of the sought arises out of an offense committed; Coverage Part shown in the Declarations exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in .Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 7 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 includes the copyrighted material of Insurance services Office. Inc.,with its permission 003721 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury "property provided that the "bodily injury' and "property damage" or "personal injury' arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done under a "written contract requiring insurance"with caused by an offense committed: that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect; and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage" occurs, or the "personal injury' . offense is committed. Page 2 of 2 0 2015 The Travelers Indemnity Company.All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services office,Inc.,with its permission 3/19/2020 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORTII DATE: 3/3/2020 REFERENCE**M&C 20- LOG 20_2019CONSTRUCTION INSPECTION NO.: 0123 NAME: SERVICES CONTRACTS CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. Authorize Execution of Five-Year Contracts for Construction Inspection Services for Various Construction Projects with Foster CM Group, Inc., Freese and Nichols, Inc., Halff Associates, Inc., Lamb-Star Engineering, L.P., Lina T. Ramey and Associates, Inc., Multatech Engineering, Inc., Pape-Dawson Engineers, Inc., CMT Engineering, Inc. d/b/a PaveTex, Raba Kistner, Inc., Teague Nall & Perkins, Inc., TranSystems Corporation dba TranSystems Corporation Consultants and VRX, Inc., with a Fee not to Exceed $5,000,000.00 per Firm (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute individual, five-year contracts with Foster CM Group, Inc., Freese and Nichols, Inc., Halff Associates, Inc., Lamb-Star Engineering, L.P., Lina T. Ramey and Associates, Inc., Multatech Engineering, Inc., Pape-Dawson Engineers, Inc., CMT Engineering, Inc. d/b/a PaveTex, Raba Kistner, Inc., Teague Nall & Perkins, Inc., TranSystems Corporation dba TranSystems Corporation Consultants and VRX, Inc., with a fee not to exceed $5,000,000.00 per firm. DISCUSSION: The Transportation and Public Works Department solicited firms to provide civil public works construction inspectors to inspect various City projects as a supplement to Staff in order to accommodate peak periods of construction. A Request for Qualifications (RFQ)was published for these services in the Fort Worth Star-Telegram in October 2019. On November 1, 2019, the Department received Statements of Qualifications (SOQ) for professional services from 12 firms for providing construction inspection services. Each firm's SOQ was evaluated based upon pre-established selection criteria including qualification of personnel, experience, performance on previous City contracts and availability. An inter-departmental committee deemed all firms qualified and recommends the following firms for contract approval: Foster CM Group, Inc., Freese and Nichols, Inc., Halff Associates, Inc., Lamb-Star Engineering, L.P., Lina T. Ramey and Associates, Inc., Multatech Engineering, Inc., Pape-Dawson Engineers, Inc., CMT Engineering, Inc. d/b/a PaveTex, Teague Nall & Perkins, Inc., Raba Kistner, Inc., TranSystems Corporation dba TranSystems Corporation Consultants and VRX, Inc. Based on current workloads, the Transportation and Public Works Department projects that approximately 1.5 billion dollars of infrastructure construction will be inspected over the next five years which includes developer-led projects. Based on current staffing levels, we anticipate that approximately 30 million dollars will be expended for contracted inspection services over the same period. These agreements will not guarantee any specific amount of work or payment to any contractor. As inspection work is needed for a project, a work order will be issued along with funding for specific work being identified and committed at that time. Funding for the construction inspection services projects may be provided through various capital project funding sources, including City Bond Programs. The Office of Business Diversity: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the OBD, in accordance with the BDE Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. Additionally, Lamb-Star Engineering, L.P., Lina T. Ramey&Associates, Inc., Multatech Engineering, Inc., d/b/a Multatech and VRX, Inc. are certified M/WBE firms. apps.cfwnet.org/council_packet/mc_review.asp?I D=27692&councildate=3/3/2020 1/2 3/19/2020 M&C Review FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds will be available in the current capital budgets, as appropriated, in the various funds for Transportation & Public Works Capital Projects. The Transportation & Public Works Department has the responsibility to validate the availability of funds prior to an expenditure being made. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year F(Chartfield 2) I FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Dana Burghdoff(8018) Originating Department Head: William Johnson (7801) Additional Information Contact: Roy Teal (7958) ATTACHMENTS apps.cfwnet.org/council_packet/mc_review.asp?ID=27692&councildate=3/3/2020 2/2