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HomeMy WebLinkAboutContract 53737 CSC No.53737 CITY OF FORT WORTH, TEXAS P�� STANDARD AGREEMENT FOR PROFESSIONAL SERVICES R 10 This AGREEMENT is between the City of Fort Worth a Texas home-rule municipality ("City"), and Teague Nall and Perkins, Inc, 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 Vill 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 WxM,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 1 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 Teague Nall and Perkins, Inc. p i✓�� J.i?1-119 Dana Burghdoff(M r27,202 w/ Dana Burghdoff W.L.Wimberley, P.E. Interim Assistant City Manager Director of CEI Services M a r 27,2020 Date: Date: APPROVAL RECOMMENDED: By: WiWan w( ar20,2020) William M. Johnson Director, Transportation & Public Works OFMIAL RECORD City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 8 of 9 � s1�r1y 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. LO requirements. M&C No.: 20- 0123 Ro Teal M&C Date: 3/3/2020 Sr. Capital Project Officer APPROVED AS TO FORM AND LEGALITY ATTEST: ByUBlack(Ma— r Douglas W. Black Mary J. Kayser Sr.Assistant City Attorney City Secretary City of Fort Worth,Texas EFTWORTH, 7X ECORD Standard Agreement for Professional Services SECRETARY Revision Date:11.07.17 Page 9 of 9 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 respondeat 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 CITI9 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 Vill 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: Teague Nall and Perkins, Inc. Attn: Ty Hilton, P.E., Principal 5237 N. Riverside Dr., Suite 100 Fort Worth, Texas 76137 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 XVI11 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 Teague Nall and Perkins, Inc. p i✓�� J.i?1-119 Dana Burghdoff(M r27,202 w/ Dana Burghdoff W.L.Wimberley, P.E. Interim Assistant City Manager Director of CEI Services M a r 27,2020 Date: Date: APPROVAL RECOMMENDED: By: WiWan w( ar20,2020) William M. Johnson Director, Transportation & Public Works OFMIAL RECORD City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 8 of 9 � s1�r1y 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. LO requirements. M&C No.: 20- 0123 Ro Teal M&C Date: 3/3/2020 Sr. Capital Project Officer APPROVED AS TO FORM AND LEGALITY ATTEST: ByUBlack(Ma— r Douglas W. Black Mary J. Kayser Sr.Assistant City Attorney City Secretary City of Fort Worth,Texas EFTWORTH, 7X ECORD Standard Agreement for Professional Services SECRETARY Revision Date:11.07.17 Page 9 of 9 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 Cate-gory 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 rs ex $75 Construction Inspector II 5 - 10 yrs ex $85 Construction Inspector IIII > 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 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 organization has assumed liability in a on any other basis, that is available to the additional insured for a loss we cover. However, if contract or agreement. 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 must apply on a primary basis or a primary and e. This insurance does not apply on any basis to non-contributory basis, this insurance is primary any person or organization for which to other insurance available to the additional coverage as an additional insured specifically 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 which coverage is sought occurs:and "professional services". (2) The "personal injury" for which coverage is In the event that the Limits of Insurance of the g 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 al 09 1S a 2015 The Travelers Indemnity Company.All rights reserved_ Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc..with Its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph B., 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 caused by an offense committed: under a "written contract requiring insurance"with 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 8109 15 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS 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. 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. Non-Owned Watercraft—75 Feet Long Or Less H. Blanket Additional Insured — Governmental B. Who Is An Insured—Unnamed Subsidiaries Entities — Permits Or Authorizations Relating To Premises C. Who Is An Insured—Retired Partners, Members, Directors And Employees I. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To D. Who Is An Insured — Employees And Volunteer Operations Workers — Bodily Injury To Co-Employees, Co- Volunteer Workers And Retired Partners, J. Incidental Medical Malpractice Members, Directors And Employees K. Medical Payments—Increased Limit E. Who Is An Insured — Newly Acquired Or Formed L. Amendment Of Excess Insurance Condition — Limited Liability Companies Professional Liability F. Blanket Additional Insured—Controlling Interest M. Blanket Waiver Of Subrogation—When Required G. Blanket Additional Insured — Mortgagees, By Written Contract Or Agreement Assignees, Successors Or Receivers N. Contractual Liability—Railroads PROVISIONS uses or is responsible for the use of a A. NON-OWNED WATERCRAFT — 75 FEET watercraft that you do not own that is: LONG OR LESS (1) 75 feet long or less; and 1. The following replaces Paragraph (2) of (2) Not being used to carry any person Exclusion g., Aircraft, Auto Or Watercraft, or property for a charge; in Paragraph 2. of SECTION I — B. WHO IS AN INSURED — UNNAMED COVERAGES — COVERAGE A — BODILY SUBSIDIARIES INJURY AND PROPERTY DAMAGE The following is added to SECTION II —WHO IS LIABILITY: AN INSURED: (2) A watercraft you do not own that is: Any of your subsidiaries, other than a partnership (a) 75 feet long or less; and or joint venture, that is not shown as a Named (b) Not being used to carry any person Insured in the Declarations is a Named Insured or property for a charge; if: 2. The following replaces Paragraph 2.e. of a. You are the sole owner of, or maintain an SECTION II—WHO IS AN INSURED: ownership interest of more than 50% in, such e. Any person or organization that, with subsidiary on the first day of the policy your express or implied consent, either period; and CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 6 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY b. Such subsidiary is not an insured under Unless you are in the business or occupation similar other insurance. of providing professional health care No such subsidiary is an insured for "bodily services, Paragraphs (1)(a), (b), (c) and (d) injury" or "property damage" that occurred, or above do not apply to "bodily injury" arising "personal and advertising injury" caused by an out of providing or failing to provide first aid offense committed: or"Good Samaritan services" by any of your retired partners, members, directors or a. Before you maintained an ownership interest "employees", other than a doctor. Any such of more than 50% in such subsidiary; or retired partners, members, directors or b. After the date, if any, during the policy period "employees" providing or failing to provide that you no longer maintain an ownership first aid or "Good Samaritan services" during interest of more than 50% in such subsidiary. their work hours for you will be deemed to be acting within the scope of their employment For purposes of Paragraph 1. of Section II—Who by you or performing duties related to the Is An Insured, each such subsidiary will be conduct of your business. deemed to be designated in the Declarations as: a. A limited liability company; (2) "Personal injury": b. An organization other than a partnership, (a) To you, to your current or retired joint venture or limited liability company; or partners or members (if you are a partnership or joint venture), to your c. A trust; current or retired members (if you are a as indicated in its name or the documents that limited liability company), to your other govern its structure. current or retired directors or "employees" while in the course of his or C. WHO IS AN INSURED—RETIRED PARTNERS, her employment or performing duties MEMBERS, DIRECTORS AND EMPLOYEES related to the conduct of your business, The following is added to Paragraph 2. of or to your other "volunteer workers" SECTION II—WHO IS AN INSURED: while performing duties related to the Any person who is your retired partner, member, conduct of your business; director or"employee"that is performing services (b) To the spouse, child, parent, brother or for you under your direct supervision, but only for sister of that current or retired partner, acts within the scope of their employment by you member, director, "employee" or or while performing duties related to the conduct "volunteer worker" as a consequence of of your business. However, no such retired Paragraph (2)(a)above; partner, member, director or "employee" is an (c) For which there is any obligation to Insured for: share damages with or repay someone (1) "Bodily injury": else who must pay damages because of (a) To you, to your current partners or the injury described in Paragraph (2)(a) members (if you are a partnership or or(b) above; or joint venture), to your current members (d) Arising out of his or her providing or (if you are a limited liability company) or failing to provide professional health care to your current directors; services. (b) To the spouse, child, parent, brother or (3) "Property damage"to property: sister of that current partner, member or (a) Owned, occupied or used by; or director as a consequence of Paragraph (1)(a) above; (b) Rented to, in the care, custody or control (c) For which there is any obligation to of, or over which physical control is share damages with or repay someone being exercised for any purpose by; else who must pay damages because of you, any of your retired partners, members the injury described in Paragraph (1)(a) or directors, your current or retired or(b) above; or "employees" or "volunteer workers", any current partner or member (if you are a (d) Arising out of his or her providing or partnership or joint venture), or any current failing to provide professional health care member (if you are a limited liability services. company) or current director. Page 2 of 6 0 2017 The Travelers Indemnity Company.All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY D. WHO IS AN INSURED — EMPLOYEES AND organization will be deemed to be VOLUNTEER WORKERS — BODILY INJURY designated in the Declarations as: TO CO-EMPLOYEES, CO-VOLUNTEER a. A limited liability company; WORKERS AND RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES b. An organization other than a partnership, joint venture or limited liability company; The following is added to Paragraph 2.a.(1) of or SECTION II—WHO IS AN INSURED: c. A trust; Paragraphs (1)(a), (b) and (c) above do not as indicated in its name or the documents apply to "bodily injury" to a current or retired co- that govern its structure. "employee" while in the course of the co- "employee's" employment by you or performing F. BLANKET ADDITIONAL INSURED — duties related to the conduct of your business, or CONTROLLING INTEREST to "bodily injury" to your other "volunteer 1. The following is added to SECTION II — workers" or retired partners, members or WHO IS AN INSURED: directors while performing duties related to the conduct of your business. Any person or organization that has financial control of you is an insured with respect to E. WHO IS AN INSURED—NEWLY ACQUIRED liability for "bodily injury", "property damage" OR FORMED LIMITED LIABILITY COMPANIES or "personal and advertising injury" that The following replaces Paragraph 3. of arises out of: SECTION II—WHO IS AN INSURED: a. Such financial control; or 3. Any organization you newly acquire or form, b. Such person's or organization's other than a partnership or joint venture, and ownership, maintenance or use of of which you are the sole owner or in which premises leased to or occupied by you. you maintain an ownership interest of more than 50%, will qualify as a Named Insured if The insurance provided to such person or there is no other similar insurance available organization does not apply to structural to that organization. However: alterations, new construction or demolition operations performed by or on behalf of such a. Coverage under this provision is person or,organization. afforded only: 2. The following is added to Paragraph 4. of (1) Until the 180th day after you acquire SECTIO N II—WHO IS AN INSURED: or form the organization or the end of This paragraph does not apply to any the policy period, whichever is premises owner, manager or lessor that has earlier, if you do not report such financial control of you. organization in writing to us within 180 days after you acquire or form it; G. BLANKET ADDITIONAL INSURED — or MORTGAGEES, ASSIGNEES, SUCCESSORS (2) Until the end of the policy period, OR RECEIVERS when that date is later than 180 days The following is added to SECTION II —WHO IS after you acquire or form such AN INSURED: organization, if you report such Any person or organization that is a mortgagee, organization in writing to us within assignee, successor or receiver and that you 180 days after you acquire or form it; have agreed in a written contract or agreement b. Coverage A does not apply to "bodily to include as an additional insured on this injury" or "property damage" that Coverage Part is an insured, but only with occurred before you acquired or formed respect to its liability as mortgagee, assignee, the organization; and successor or receiver for"bodily injury", "property damage" or "personal and advertising injury" c. Coverage B does not apply to "personal that: and advertising injury" arising out of an offense committed before you acquired a. Is "bodily injury" or "property damage" that or formed the organization. occurs, or is "personal and advertising injury" caused by an offense that is committed, For the purposes of Paragraph 1. of Section II — Who Is An Insured, each such CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 6 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY subsequent to the signing of that contract or openings, sidewalk vaults, elevators, street agreement; and banners or decorations. b. Arises out of the ownership, maintenance or I. BLANKET ADDITIONAL INSURED — use of the premises for which that GOVERNMENTAL ENTITIES — PERMITS mortgagee, assignee, successor or receiver OR AUTHORIZATIONS RELATING TO is required under that contract or agreement OPERATIONS to be included as an additional insured on The following is added to SECTION II —WHO IS this Coverage Part. AN INSURED: The insurance provided to such mortgagee, Any governmental entity that has issued a permit assignee, successor or receiver is subject to the or authorization with respect to operations following provisions: performed by you or on your behalf and that you a. The limits of insurance provided to such are required by any ordinance, law, building code mortgagee, assignee, successor or receiver or written contract or agreement to include as an will be the minimum limits that you agreed to additional insured on this Coverage Part is an provide in the written contract or agreement, insured, but only with respect to liability for or the limits shown in the Declarations, "bodily injury", "property damage" or "personal whichever are less. and advertising injury" arising out of such b. The insurance provided to such person or operations. organization does not apply to: The insurance provided to such governmental (1) Any "bodily injury" or "property damage" entity does not apply to: that occurs, or any "personal and a. Any "bodily injury", "property damage" or advertising injury" caused by an offense "personal and advertising injury" arising out that is committed, after such contract or of operations performed for the agreement is no longer in effect; or governmental entity; or (2) Any "bodily injury", "property damage" or b. Any "bodily injury" or "property damage" "personal and advertising injury" arising included in the "products-completed out of any structural alterations, new operations hazard". construction or demolition operations J. INCIDENTAL MEDICAL MALPRACTICE performed by or on behalf of such mortgagee, assignee, successor or 1. The following replaces Paragraph b. of the receiver. definition of "occurrence" in the H. BLANKET ADDITIONAL INSURED — DEFINITIONS Section: GOVERNMENTAL ENTITIES — PERMITS OR b. An act or omission committed in AUTHORIZATIONS RELATING TO PREMISES providing or failing to provide "incidental medical services", first aid or "Good The following is added to SECTION II —WHO IS Samaritan services" to a person, unless AN INSURED: you are in the business or occupation of Any governmental entity that has issued a permit providing professional health care or authorization with respect to premises owned services. or occupied by, or rented or loaned to, you and 2. The following replaces the last paragraph of that you are required by any ordinance, law, Paragraph 2.a.(1) of SECTION II — WHO IS building code or written contract or agreement to AN INSURED: include as an additional insured on this Coverage Part is an insured, but only with Unless you are in the business or occupation respect to liability for "bodily injury", "property of providing professional health care damage" or "personal and advertising injury" services, Paragraphs (1)(a), (b), (c) and (d) arising out of the existence, ownership, use, above do not apply to "bodily injury" arising maintenance, repair, construction, erection or out of providing or failing to provide: removal of any of the following for which that (a) "Incidental medical services" by any of governmental entity has issued such permit or your "employees" who is a nurse, authorization: advertising signs, awnings, nurse assistant, emergency medical canopies, cellar entrances, coal holes, technician, paramedic, athletic trainer, driveways, manholes, marquees, hoist away audiologist, dietician, nutritionist, Page 4 of 6 ©2017 The Travelers Indemnity Company.All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speech-language pathologist; or or failing to provide "incidental medical (b) First aid or "Good Samaritan services" services" to any person to the extent not by any of your"employees" or"volunteer subject to Paragraph 2.a.(1) of Section II — workers", other than an employed or Who Is An Insured. volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS—INCREASED LIMIT or"volunteer workers" providing or failing to provide first aid or "Good Samaritan The following replaces Paragraph 7. of services" during their work hours for you SECTION III—LIMITS OF INSURANCE: will be deemed to be acting within the 7. Subject to Paragraph S. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any 3. The following replaces the last sentence of one person, and will be the higher of: Paragraph 5. of SECTION III — LIMITS OF a. $10,000; or INSURANCE: For the purposes of determining the b. The amount shown in the Declarations of applicable Each Occurrence Limit, all related this Coverage Part for Medical Expense acts or omissions committed in providing or Limit. failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION—PROFESSIONAL LIABILITY services" to any one person will be deemed to be one"occurrence". The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — 4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION 1 — CONDITIONS: COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE This insurance is excess over any of the other LIABILITY: insurance, whether primary, excess, contingent or on any other basis, that is Professional Sale Of Pharmaceuticals Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of pharmaceuticals committed by, or with the M. BLANKET WAIVER OF SUBROGATION — knowledge or consent of the insured. WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT S. The following is added to the DEFINITIONS Section: The following is added to Paragraph 8., Transfer "Incidental medical services" means: Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS: ray or nursing service or treatment, If the insured has agreed in a written contract or advice or instruction, or the related agreement to waive that insured's right of furnishing of food or beverages; or recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — occurs; or COMMERCIAL GENERAL LIABILITY CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY N. CONTRACTUAL LIABILITY—RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract' in the DEFINITIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract' in the DEFINITIONS Section is deleted. Page 6 of 6 ©2017 The Travelers Indemnity Company.All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 68091-17063761947 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL AGGREGATE LIMIT OTHER THAN PROJECTS AND DESIGNATED PROJECT AND LOCATION AGGREGATE LIMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART i SCHEDULE—LIMITS OF INSURANCE AND DESIGNATED PROJECTS AND LOCATIONS LIMITS OF INSURANCE Total Aggregate Limit $ 16,000,000 (Other Than Projects and Products-Completed Operations) Designated Location Aggregate Limit $ 2,000,000 (Other Than Products-Completed Operations) Designated Project Aggregate Limit $ 2,000,000 (Other Than Products-Completed Operations) General Aggregate Limit $ 2,000,000 (Other Than Products-Completed Operations) Designated Projects: Each "project" for which you have agreed, in a written contract which is in effect during this policy period, to provide a separate General Aggregate Limit, provided that the contract is signed and executed by you before the "bodily injury" or "property damage" occurs. i i Designated Locations: All locations listed in Item 3. of the Common Policy Declarations or in any Master Pac Account Exposure Endorsement included in this j policy. l l PROVISIONS 1. The General Aggregate Limit (Other Than 1. The Limits of Insurance shown in the Products-Completed Operations) shown in the Declarations or the Schedule — Limits Of Declarations is replaced by the Limits of Insurance And Designated Projects And Insurance shown in the Schedule — Limits Of Locations, whichever apply, and the rules Insurance And Designated Projects And below fix the most we will pay regardless of Locations. the number of: 2. The following replaces Paragraph 1. of SECTION a. Insureds; III—LIMITS OF INSURANCE: b. Claims made or"suits"brought: CG D4 69 02 19 0 2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. COMMERCIAL GENERAL LIABILITY c. Persons or organizations making claims under Coverage B. Instead, the or bringing"suits":or General Aggregate Limit described in d. "Projects"or"locations". Paragraph 2.d. below applies to such damages. 3. The following replaces Paragraph 2. of SECTION (5) Any payments made for damages or III—LIMITS-OF INSURANCE: medical expenses to which the 2. a. The Total Aggregate Limit shown in the Designated Project Aggregate Limit Schedule — Limits Of Insurance And applies will reduce the Designated Designated Projects And Locations is the Project Aggregate Limit for the most we will pay for the sum of all applicable "project". Such payments amounts under the Designated Location will not reduce the Total Aggregate Aggregate Limit and all amounts under Limit, the General Aggregate Limit the General Aggregate Limit. This described in Paragraph 2.d. below, includes: the Designated Project Aggregate (1) Damages under Coverage A, except Limit for any other "project" or the damages because of"bodily injury"or Designated Location Aggregate Limit. "property damage" included in c. Subject to the Total Aggregate Limit the "products-completed operations described In Paragraph 2.a. above; the ' hazard'; Designated Location Aggregate Limit (2) Damages under Coverage B; and shown in the Schedule — Limits Of (3) Medical expenses under Coverage C. Insurance And Designated Projects And Locations applies and is further subject to j b. The Designated Project Aggregate Limit all of the following provisions: shown in the Schedule — Limits Of Insurance And Designated Projects And (1) The Designated Location Aggregate Locations applies and is further subject to Limit is the most we will pay for the all of the following provisions: sum of: (1) The Designated Project Aggregate (a) Damages under Coverage A Limit is the most we will pay for the because of "bodily injury" and sum of: "property damage" caused by "occurrences":and (a) Damages under- Coverage A b Medical expenses under because of "bodily injury" and ( ) "property damage" caused by Coverage C for "bodily injury" "occurrences"; and caused by accidents; (b) Medical expenses under that can be attributed , only to Coverage C for "bodily injury" operations at a single"location". caused by accidents; (2) The Designated Location Aggregate that can be attributed only to Limit applies separately to each I operations at a single"project". "location". (2) The Designated Project Aggregate (3) The Designated Location Aggregate ,Limit applies separately to each Limit does not apply to damages project". because of"bodily injury"or"property damage" included in the "products- (3) The Designated Project Aggregate completed operations hazard". Limit does not apply to damages Instead, the Products-Completed because of"bodily injury" or"property Operations Aggregate Limit damage" included In the "products- described in Paragraph 3. below completed operations hazard". applies to such damages. Instead, the Products-Completed Operations Aggregate Limit (4) The Designated Location Aggregate described in Paragraph 3. below Limit does not apply to damages applies to such damages. ssunder Coverage B. Instead, the (4) The Designated Project Aggregate General Aggregate Limit described in Limit does not apply to damages Page 2 of 3 ®2017 The Travelers Indemnity Company.All rights reserved. CG D4 69 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY Paragraph 2.d. below applies to such General Aggregate Limit applies will damages. reduce: i (S) Any payments made for damages or (a) The Total Aggregate Limit; and medical expenses to which the Designated Location Aggregate Limit (b) The General Aggregate Limit. applies will reduce: Such payments will not reduce the Designated Project Aggregate Limit (a) The Total Aggregate Limit:and for any "project" or the Designated (b) The Designated Location Location Aggregate Limit for any Aggregate Limit for the applicable "location". "location". 4. The following replaces Paragraph 3. of SECTION Such payments will not reduce the III—LIMITS OF INSURANCE: General Aggregate Limit described in Paragraph 2.d. below, the 3. The Products-Completed Operations Aggre- Designated Project Aggregate Limit gate Limit shown in the Declarations is the or the Designated Location most we will pay under Coverage A for Aggregate Limit for any other damages because of "bodily injury" or "location". "property damage" included in the "products- completed operations hazard". Any payments d. Subject to the Total Aggregate Limit made for such damages will not reduce the described in Paragraph 2.a. above, the Total Aggregate Limit, the General Aggregate General Aggregate Limit shown in the Limit, the Designated Project Aggregate Limit Schedule — Limits Of Insurance And for any "project" or the Designated Location Designated Projects And Locations Aggregate Limit for any"location". applies and is further subject to all of the S. The following is added to the DEFINITIONS following provisions: Section: (1) The General Aggregate Limit is the "Location" means any designated location shown most we will pay for the sum of: in the Schedule — Limits Of Insurance And (a) Damages under Coverage A Designated Projects and Locations that is owned because of "bodily injury" and by or rented to you. For the purposes of "property damage" caused by determining the applicable aggregate limit of "occurrences", and medical insurance, each "location" that includes a expenses under Coverage C for premises involving the same or connecting lots, "bodily injury" caused by or premises whose connection is interrupted only accidents, that cannot be by a street, roadway or waterway, or by a right-of- attributed only to operations at a way of a railroad, will be considered a single single "project" or a single "location". "location";and "Project" means any designated project shown in (b) Damages under Coverage B. the Schedule — Limits Of Insurance And (2) The General Aggregate Limit does Designated Projects And Locations that is away not apply to damages for "bodily from premises owned by or rented to you and at injury" or "property damage" included which you are performing operations pursuant to in the "products-completed oper- a contract or agreement. For the purposes of atidetermining the applicable aggregate limit of Products-Completed o hazard".ed Operations Instead, the insurance,each"project"that includes a premises Prcts-Complet involving the same or connecting lots, or Aggregate Limit described in Paragraph 3. below applies to such premises whose connection is interrupted only by a street, roadway or waterway, or by a right-of- damages. way of a railroad, will be considered a single (3) Any payments made for damages or "project". medical expenses to which the CG D4 69 02 19 ®2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. This page has been left blank intentionally. 3-2546 0315 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BAP PLUS COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the: BUSINESS AUTO COVERAGE FORM These coverages are subject to the terms and conditions applicable to coverage in this policy except as provided below. A. Hired Auto Physical Damage Coverage 1. If hired"autos"are covered"autos"for Liability Coverage in this policy or another policy provided by us and if Comprehensive, Specified Causes of Loss or Collision coverages are provided under this coverage form for any"auto"you own,then the Physical Damage Coverages provided are extended to "autos"you hire, subject to the following limit. The most we will pay for"loss"to any hired "auto" is$75,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Subject to the above limit, and deductible, we will provide coverage equal to the broadest coverage applicable to any covered"auto"you own. 2. Changes In Liability Coverage: The following is added to the Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 3. Changes In General Conditions: Paragraph 5.b. of the Other Insurance Condition in the Business Auto and Business Auto Physical Damage Coverage Forms are replaced by the following: For Hired Auto Physical Damage Coverage,the following are deemed to be covered"autos"you own: 1. Any covered"auto"you lease, hire,rent or borrow;and 2. Any covered "auto" hired or rented by your "'employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However,any"auto"that is leased, hired, rented or borrowed with a driver is not a covered"auto." B. Hired Auto Physical Damage-Additional Loss of Use Expenses Paragraph AA.b. of Section III - Physical Damage Coverage is amended to provide a limit of$85 per day and a maximum limit of$1,350. C. Physical Damage-Additional Transportation Expense Coverage Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of$50 per day and a maximum limit of$1,000. D. Towing and Labor Costs Coverage We will pay up to$75 for towing and labor costs incurred each time an owned"auto"is disabled. However, the labor must be performed at the place of disablement. E. Parked Auto Collision Coverage(Waiver of Deductible) The deductible does not apply to"loss"caused by collision to such covered"auto"while it is: 1. In the charge of an"insured'; 2. Legally parked;and 3. Unoccupied. 3-2546 03 15 Page 1 of 4 9654021 12 32 IN 111111111111111111111111111111111111111 +500032 34 9654021 12 1+ The total amount of the damage to the covered"auto"must exceed the deductible shown in the Declarations or Change Endorsement. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. F. Rental Reimbursement Coverage When there is a"loss"to a covered"auto,"we will pay for rental reimbursement expenses incurred by you for the rental of an"auto."Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered"auto.' No deductibles apply to this coverage. This coverage applies only: 1. For those expenses incurred during the policy period beginning 24 hours after the loss; 2. To necessary and actual expenses incurred; 3. To a "loss" for which we also pay a "loss" under Physical Damage Coverage - Comprehensive Coverage, Specified Causes of Loss Coverage or Collision Coverage;and 4. If there are no spare or reserve"autos"available to you for your operations. Our payment will be limited to that period of time reasonably required to repair or replace the covered "auto."We will pay up to$75 per day to a maximum of$1,500. If"loss"results from total theft of a covered"auto"we will pay under this coverage only that amount of rental reimbursement expenses which are not already provided under the Physical Damage Coverage Extension. G. Difference in Value Coverage-Loan/Lease Gap In the event of a total "loss"to a covered "auto,"the Limit of Insurance provision in SECTION III, PHYSICAL DAMAGE COVERAGE, is replaced by the following: LIMIT OF INSURANCE 1. The most we will pay for"loss"in any one"accident"is the greater of: a. The amount due under the terms of the loan/lease to which a covered"auto"is subject, but not to include: i) Overdue loan/lease payments, II) Financial penalties imposed under the lease due to high mileage,excessive use or abnormal wear and tear, lil) Security deposits not refunded by the lessor, iv) Cost of extended warranties, Credit Life Insurance, Accident or Disability Insurance purchased with the loan or lease,or v) Carry-over balances from previous loans or leases. b. The actual cash value of the damaged or stolen property as of the time of the"loss." 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of"loss." For the purposes of this coverage, physical damage resulting in total"loss"means a"loss"in which the cost of repairs plus the salvage value exceeds the actual cash value. This coverage shall apply only to the original lease written on a covered"auto"not previously titled. H. Glass Repair-Waiver of Deductible Under Paragraph D.-Deductible of SECTION III-PHYSICAL DAMAGE COVERAGE,the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. I. Employees as Insureds Paragraph A.1 -Who is an Insured of SECTION II -COVERED AUTOS LIABILITY COVERAGE is amended to add: d. Any employee of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs.Coverage is excess over any other collectible insurance. 3-2546 03 15 Page 2 of 4 J. Fellow Employee Coverage The Fellow Employee Exclusion contained in SECTION II -COVERED AUTOS LIABILITY COVERAGE does not apply. K. Doubled Automobile Medical Payments Coverage If you have purchased Automobile Medical Payments Coverage, the limit of insurance for that coverage as shown in the Declarations or Change Endorsement will be doubled in the event an "insured"is injured in an "accident"while within an"auto"and is: 1. Wearing a seat belt;or 2. The"auto"is equipped with passive restraints. L. Waiver Of Transfer Of Rights Of Recovery Against Others To Us The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US, SECTION IV CONDITION 5., is amended by the addition of the following: We waive the right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of the ownership,maintenance or use of a covered auto. This waiver applies only to the person or organization which, before the loss, you have agreed in writing to waive your right of recovery. M. Additional Insured-Automatic Status 1. Any"leased auto"will be considered a covered"auto"you own and not a covered"auto"you hire or borrow. 2. Paragraph A.1 - Who is an Insured of SECTION II - COVERED AUTOS LIABILITY COVERAGE is amended to include as an insured any person or organization (called additional insured) whom you are required to add as an additional insured on this policy under: A written contract, permit or agreement, and a. Currently in effect or becoming effective during the term of this policy;and b. Executed prior to the"bodily injury,""property damage,""personal injury and advertising injury." 3. The insurance provided to the additional insured is limited as follows: a. The Limits of Insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. 4. Additional Definition As used in this endorsement: "Leased auto"means an"auto"leased or rented to you,including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. N. Loss Payee-Lessor 1. We will pay,as interest may appear,you and the lessor for"loss"to a'leased auto." 2. The insurance covers the interest of the lessor unless the'loss"results from fraudulent acts or omission on your part. 3. if we make any payment to the lessor,we will obtain his or her rights against any other party. 4. Additional Definition As used in this endorsement: "Leased auto" means an"auto" leased or rented to you, including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. 3-2546 03 15 Page 3 of 4 9654021 12 33 11111111111111111111111111111111111111111111111111111111111111111111111111111 *500033 34 9654021 121 k O. Tapes, Records and Discs Coverage SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 1. The exclusion referring to tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio,visual or data electronic equipment does not apply. 2. The following is added to Paragraph A.Coverage: Under Comprehensive Coverage we will pay for"loss"to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: a. Are your property or that of a family member, and b. Are in a covered"auto"at the time of"loss." 3. The most we will pay for"loss"is$250. 4. No Physical Damage Coverage deductible applies to this coverage. P. Audio, Visual and Data Electronic Equipment Coverage SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 1. The sublimit in Paragraph C.2. of the Limit Of Insurance provision is increased to$2,500. 3-2546 03 15 Page 4 of 4 Tepxvasmutuar WORKERS'COMPENSATION INSURANCE WORKERS'COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY 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. Schedule 1. ( ) Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 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: 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 on at 12:01 a.m.standard time,forms a part of.- Policy no. 0001211663 of effective on Issued to:Teague Nall&Perkins, Inc. Authorized representative PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1(800)859-5995 1 Fax(800)359-0650 WC 42 03 04 B This page has been left blank intentionally. 3/19/2020 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRTWoRTH 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?ID=27692&councildate=3/3/2020 112 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 I (Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I I Year Chartfield 2 Submitted for City Managers Office by: Dana Burghdoff(8018) Ili Originating Department Head: William Johnson (7801) Additional Information Contact: Roy Teal (7958) ATTACHMENTS apps.cfwnet.org/council_packet/mc_review.asp?ID=27692&counciIdate=3/3/2020 2/2