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HomeMy WebLinkAboutContract 56289 CSC No.56289 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY"), and Teague Nall and Perkins, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Everman Parkway CPN 103271. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to$98,965.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date: City of Fort Worth,Texas Everman Parkway Standard Agreement for Engineering Related Design Services CPN 103271 Revised Date:July 01,2021 Page 1 of 14 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth,Texas Everman Parkway Standard Agreement for Engineering Related Design Services CPN 103271 Revised Date:July 01,2021 Page 2 of 14 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the contract documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. City of Fort Worth,Texas Everman Parkway Standard Agreement for Engineering Related Design Services CPN 103271 Revised Date:July 01,2021 Page 3 of 14 F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. City of Fort Worth,Texas Everman Parkway Standard Agreement for Engineering Related Design Services CPN 103271 Revised Date:July 01,2021 Page 4 of 14 I. Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance (Ordinance No. 24534-11-2020 as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), the City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. Engineer acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is Engineer's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Everman Parkway Standard Agreement for Engineering Related Design Services CPN 103271 Revised Date:July 01,2021 Page 5 of 14 K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Fort Worth,Texas Everman Parkway Standard Agreement for Engineering Related Design Services CPN 103271 Revised Date:July 01,2021 Page 6 of 14 P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. City of Fort Worth,Texas Everman Parkway Standard Agreement for Engineering Related Design Services CPN 103271 Revised Date:July 01,2021 Page 7 of 14 F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. City of Fort Worth,Texas Everman Parkway Standard Agreement for Engineering Related Design Services CPN 103271 Revised Date:July 01,2021 Page 8 of 14 I. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. City of Fort Worth,Texas Everman Parkway Standard Agreement for Engineering Related Design Services CPN 103271 Revised Date:July 01,2021 Page 9 of 14 D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY City of Fort Worth,Texas Everman Parkway Standard Agreement for Engineering Related Design Services CPN 103271 Revised Date:July 01,2021 Page 10 of 14 is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement City of Fort Worth,Texas Everman Parkway Standard Agreement for Engineering Related Design Services CPN 103271 Revised Date:July 01,2021 Page 11 of 14 or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2271 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the contract. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services City of Fort Worth,Texas Everman Parkway Standard Agreement for Engineering Related Design Services CPN 103271 Revised Date:July 01,2021 Page 12 of 14 Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER Teague Nall & Perkins, Inc. Dana Burghdef(Sep3,202 6:18 CDTL;'yJ / V WW►� Dana Burghdoff Christopher Hartke Assistant City Manager Director of Engineering Services Date: Sep 3,2021 Date: 8/30/2021 APPROVAL RECOMMENDED: Y' WJ(Sep 22 202 1:56 CDT William M. Johnson Director, Transportation & Public Works Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Bradley M Radovich Bradley M Radovich(Sep 1,2021 13:20 CDT) Bradley Radovich, P.E. Senior Project Manager APPROVED AS TO FORM AND LEGALITY By:DBlack(Sep 3,202112:00 CDT) Doug Black Assistant City Attorney City of Fort Worth,Texas Everman Parkway Standard Agreement for Engineering Related Design Services CPN 103271 Revised Date:July 01,2021 Page 13 of 14 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX pqa FORT a O °!y a ATTEST: ¢ iA Form 1295 No. N/A 0 o ° 4 9 Ronald P. Gonzales ad °°°°°°°°°°°° a M&C No.: N/A Acting City Secretary nEXASada M&C Date: N/A City of Fort Worth,Texas Everman Parkway Standard Agreement for Engineering Related Design Services CPN 103271 Revised Date:July 01,2021 Page 14 of 14 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX FORT WORM., Ir- ATTACHMENT "A" Scope for Engineering Design Related Services for Arterial Improvements The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The project includes the design of 0.6 miles of a 4-lane divided thoroughfare with curb and gutter, up to two bridges, drainage, shared-use paths, street lighting, and arterial improvements. The project is located on Everman Parkway from Rosedale Springs Lane to Cameron Hills Point in South Fort Worth. WORK TO BE PERFORMED Task 1. Design Management Task 2. Schematic Design (15%) Task 3. Preliminary Design (30% /60%) — NOT INCLUDED Task 4. Final Design (90% and 100%) — NOT INCLUDED Task 5. Bid Phase Services — NOT INCLUDED Task 6. Construction Phase Services— NOT INCLUDED Task 7. ROW/Easement Services— NOT INCLUDED Task 8. Survey Services Task 9. Permitting— NOT INCLUDED Task 10. Quality Control/ Quality Assurance City of Fort Worth,Texas Everman Parkway Attachment A CPN 103271 PMO Release Date:07.23.2012 Page 1 of 10 FORT WORM., Ir- TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team: • Lead, manage and direct design team activities • Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance of the work. Refer to Task 10 for further details. • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting: • Attend a pre-design project kickoff/charter meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Conduct and document monthly project update meetings with CITY Project Manager • Conduct and document periodic design team meetings • Conduct QC/QA reviews and document those activities. Refer to Task 10 for further details • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. Multi-month billing is not allowed. Months in which no work is being invoiced shall require submission of a $0.00 invoice. Prepare and submit monthly Project Status Reports in the format provided by the Transportation and Public Works Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. This PROJECT requires a Tier 3 schedule as defined in the City's Specification 00 31 15 entitled Engineer Project Schedule. • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. City of Fort Worth,Texas Page 2 of 10 Attachment A PMO Release Date:02.06.2015 Page 2 of 10 FORT WORM., Ir- ASSUMPTIONS • One (1) pre-design project kickoff/chartering meeting • Three (3) monthly project update meetings during schematic design phase • All submittals to the City will be Quality checked prior to submission. • Schematic design phase is anticipated to take three (3) months. • Three (3) monthly updates of Project Status Reports, and project Schedule. DELIVERABLES A. Meeting summaries with action items B. QC/QA documentation C. Baseline design schedule D. Monthly Schedule updates with schedule narrative describing any current or anticipated schedule changes E. Monthly Project Status Reports F. Plan Submittal Checklists (See Task 10) G. Monthly invoices City of Fort Worth,Texas Page 3 of 10 Attachment A PMO Release Date:02.06.2015 Page 3 of 10 FORT WORM., Ir- TASK 2. SCHEMATIC DESIGN (15 PERCENT). The Schematic Design shall be submitted to CITY per the approved Project Schedule. The purpose of the schematic design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY's endorsement of this concept. ENGINEER will develop the schematic design of the infrastructure as follows. 2.1. Data Collection • In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. • The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans where necessary. 2.4. Project Design Report To ensure adherence to project scope, that design approach is in line with project objectives, and to obtain concurrence on development of the schematic layout, ENGINEER shall prepare and submit a design report in the format provided by the CITY prior to developing conceptual plans. The CITY shall review and provide feedback on the report prior to ENGINEER starting the schematic design. 2.5 The Schematic Design Package shall include the following: • Project Design Report (Arterials) in the format provided by the CITY • Existing typical sections of the roadway to be constructed along with proposed typical sections which outline the proposed improvements. Typical sections shall include existing and proposed ROW, existing and proposed lane widths and direction arrows, existing and proposed curbs, sidewalks, and retaining walls. • Schematic roll plot showing existing and proposed horizontal roadway alignments, existing and proposed ROW, existing and proposed sidewalks and driveways, proposed lane dimensions and lane arrows, existing drainage City of Fort Worth,Texas Page 4 of 10 Attachment A PMO Release Date:02.06.2015 Page 4 of 10 FORT WORM., Ir- structures, city owned and franchise utilities, and existing roadway vertical alignments (profiles). • Preliminary 3D model and cross sections showing the existing ground, roadway, sidewalks, bridge, back slope tie-in and ROW. • Prepare bridge layout, bridge typical section, and MSE retaining wall layout. • Prepare hydraulic evaluations for the stream crossing along Everman Parkway at Sycamore Creek using the HEC-RAS software. Hydraulic analysis shall be prepared using one-dimensional, steady state, backwater computations. • Prepare a "revised existing" or"pre-project" model through incorporation of updated channel survey data of the creek in the vicinity of Everman Parkway • As necessary, evaluate up to two (2) hydraulic structure alternatives at the crossing that meet the City's hydraulic design criteria (effective as of the execution of this scope of services). • Documentation of key design decisions. • Estimates of probable construction cost. ASSUMPTIONS • All storm water calculations and design shall conform to the CITY current iSWM Criteria Manual for Site Development and Construction. • No new hydrologic peak discharges shall be determined. It is assumed that fully- developed hydrologic peak discharges are available from the City for the FEMA- studied stream crossings. • PDF files created from design CAD drawings will be uploaded to the designated project folder in the City's document management system (BIM 360). ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Schematic Design Package. DELIVERABLES A. Project Design Report (PDF) B. Schematic Design Package (Electronic Only) City of Fort Worth,Texas Page 5 of 10 Attachment A PMO Release Date:02.06.2015 Page 5 of 10 FORT WORM., Ir- TASK 8. SURVEY SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey • SURVEYOR shall provide all office and field work necessary to capture Aerial LiDAR data for an approximate 250' x 6200 linear foot corridor for the Everman Parkway Grade Separation at UPRR project consisting of approximately 4200 linear feet of future Everman Parkway and approximately 2000 linear feet of existing railroad. Data will be extracted from the LiDAR point cloud to determine existing 2D features and planimetrics, as well as generate a triangulated irregular network (TIN) for the following project areas only: • Approximately 2000 linear feet of existing railroad, as necessary to develop track profiles. • Approximately 200 linear feet of the existing pavement for Everman Parkway for the tie-in near Cameron Hill Place. • Approximately 200 linear feet of the existing pavement for Everman Parkway for the tie-in near Butterwick Street. • Approximate 100' x 100' area near the future intersection of Everman Parkway with Hemphill Street lying west of Sycamore Creek. • The flight will be performed using a DJI Matrice M600 equipped with a Velodyne HDL-32e laser scanner. The acquisition density for this project will be approximately 350 points per square meter. SURVEYOR estimates that approximately 30 ground control points will be required for the project. Ground truthing and supplemental field surveys as necessary to verify ground features and elevations within obscured areas are included herein. • All survey information provided by the SURVEYOR will be referenced to Grid North of the Texas Coordinate System of 1983 {North Central Zone No. 4202; NAD83(2011) Epoch 20101 as derived locally from Allterra Central's continuously operating reference stations via real time kinematic survey methods. Elevations will be referenced to NAVD88 datum as derived from RTK observations. Orthometric heights will be calculated by applying the Geoid 12B model to ellipsoid heights. • SURVEYOR shall perform all surveying services in accordance with the General Rules and Procedures of Practice, and the Professional and Technical Standards established by the Texas Board of Professional Engineers and Land Surveyors. 8.2. Temporary Right of Entry Preparation and Submittal • The documentation shall be provided in conformance with the checklists and templates available on the City's document management system resources folder. City of Fort Worth,Texas Page 6 of 10 Attachment A PMO Release Date:02.06.2015 Page 6 of 10 FORT WORM., Ir- ASSUMPTIONS DELIVERABLES A. Electronic Base Map prepared in Microstation format. City of Fort Worth,Texas Page 7 of 10 Attachment A PMO Release Date:02.06.2015 Page 7 of 10 FORT WORM., Ir- TASK 10. QUALITY CONTROL/ QUALITY ASSURANCE ENGINEER to provide to the City a Quality Control/ Quality Assurance Plan (QC/QA Plan) outlining the ENGINEER's method of ensuring the highest levels of design and accuracy are incorporated into the calculations, plans, specifications, and estimates. ENGINEER is responsible for and shall coordinate all subconsultant activity to include quality and consistency of plans. If, at any time, during the course of reviewing a submittal of any item it becomes apparent to the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may cease its review and return the submittal to the ENGINEER immediately for appropriate action. A submittal returned to the ENGINEER for this reason may be rejected by the CITY Project Manager. 10.1. QC/QA of Survey Data • The ENGINEER's Surveyor shall perform Quality Control/Quality Assurance on all procedures, field surveys, data, and products prior to delivery to the CITY. • ENGINEER's Surveyor shall certify in writing via a letter that the survey information provided has undergone a Quality Control/ Quality Assurance process. 10.2. QC/QA of Design Documentation • ENGINEER shall perform a QC/QA review of all documents being submitted for review at all stages of the design including the 15% design review submittals. QA should be performed by an individual within the firm who is not on the design team. • ENGINEER is to acknowledge that each item on the Detailed Checklist has been included by checking "done" on the checklist. If a particular checklist item is not applicable, this should be indicated by checking "N/A". If an entire checklist is not applicable, this should be indicated by checking every item on the list as "N/A" and still included with the submittal. The ENGINEER shall use the Detailed Checklist provided by CITY. • A Comment Resolution Log must be used to document conflicting comments between reviewers and to highlight comments made by the CITY that the ENGINEER is not incorporating into the design documents along with the associated explanation. The ENGINEER shall use the Comment Resolution Log provided by CITY. • The documentation of a QC/QA review includes (1) a copy of the color-coded, original marked-up document (or"check print") developed during the QA checking process and/or review forms which sequentially list documents and associated comments; and (2) a QC sign-off sheet with signatures of the personnel involved in the checking process. Mark-ups may also be documented using the Comment Resolution Log. • Evidence of the QC/QA review will be required to accompany all submittals. Documentation shall include, but is not limited to, the following items: City of Fort Worth,Texas Page 8 of 10 Attachment A PMO Release Date:02.06.2015 Page 8 of 10 FORT WORM., Ir- - PDF of the completed Detailed Checklists - PDF of the QC/QA check print of the calculations, plans, specifications, and estimates demonstrating that a review has been undertaken; - PDF of previous review comments (if any) and the ENGINEER's responses to those comments in the Comment Resolution Log. • If any of the above information is missing, is incomplete or if any comments are not adequately addressed; the CITY may contact the ENGINEER and request the missing information. If the ENGINEER does not respond to the request within 24 hours, the CITY shall reject the submittal. No additional time will be granted to the design schedule for a returned submittal. ENGINEER shall plan to recover the lost time with future project milestones remaining unchanged. • If the ENGINEER has not adequately addressed the comments, the submittal shall be rejected and returned to the ENGINEER immediately to address the issues. ASSUMPTIONS • All submittals to the City will be Quality checked prior to submission. • A PDF of the QC/QA documentation will be uploaded to the project folder in the City's document management system (BIM360). DELIVERABLES A. QC/QA documentation City of Fort Worth,Texas Page 9 of 10 Attachment A PMO Release Date:02.06.2015 Page 9 of 10 FORT WORM., Ir- ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth,Texas Page 10 of 10 Attachment A PMO Release Date:02.06.2015 Page 10 of 10 ATTACHMENT B COMPENSATION Design Services for Everman Parkway (Grade Separated Crossing) City Project No. 103271 Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Rate $/hour Principal or Director $250 Team Leader $230 Senior Project Manager $220 Project Manager $175 Senior Engineer $230 Project Engineer $160 Engineer III/IV $135 Engineer 1/11 $125 Landscape Architect/Planner $160 Landscape Designer $120 Senior Designer $140 Designer $120 Senior CAD Technician $125 CAD Technician $110 IT Technician $170 Clerical $80 ROW Manager $190 Senior ROW Agent $160 ROW Agent $125 Relocation Agent $160 ROW Admin $70 Intern $70 Survey Manager $230 Registered Professional Land Surveyor RPLS $195 Field Coordinator $140 S.I.T. or Senior Survey Technician $140 City of Fort Worth,Texas Everman Parkway Attachment B CPN 103271 PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION Survey Technician $110 1-Person Field Crew w/ Equipment $145 2-Person Field Crew w/ Equipment $175 3-Person Field Crew w/ Equipment $200 4-Person Field Crew w/ Equipment $220 Fla er $50 Abstractor (Property Deed Research $90 Small Unmanned Aerial Systems (sUAS) $400 Equipment & Crew Terrestrial Scanning Equipment & Crew $250 ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. City of Fort Worth,Texas Everman Parkway Attachment B CPN 103271 PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Teague Nall & Perkins, Schematic Design $98,965.00 100% Inc. Proposed MBE/SBE Sub-Consultants N/A Non-MBE/SBE Consultants N/A TOTAL $ 98,965.00 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE 103271 — Everman Parkway $ 98,965.00 $ 0.00 0% Grade Separated Crossing) City MBE/SBE Goal = _0 % Consultant Committed Goal = _0 % City of Fort Worth,Texas Everman Parkway Attachment B CPN 103271 PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth,Texas Everman Parkway Attachment B CPN 103271 PMO Official Release Date:8.09.2012 Page 4 of 4 B-4 \\ \K \ d \ / E2 J m0 J / $ ) ) ) £2 \ \ \ k / \ j q / E o # : « « ) _ 2 0 ( { k \ / } 0 ) co\ / � ; ; \ om \ « & ) -- [O $ � k fI § i ƒ )/2 ; I § 0. Co0 LL % o v v g § . o � � 7 \ Q o e � \ k k _ co _ 2 e > � o_ ■ co - .2 - ( w ) \ \ \ m B | § k E ] 6 a -,4; /�coo `» " W / #R E cc � � / / CL \\/jj) \ � a ao o u ��IL s m ! ! ! ! ! ! {) ! � 2 | ,.,..,. ] 0 CLW ! 2 i §§ mk 00> ¥aw ». di o - . ;ru � e fl2 . ! / !0wm \ \\ \ - - : : \kk, /-//\�k()� k\\k�}\ {�\\`(/ - ^®°)))\i.°;j !$#;l3: 7§)f§:m - ° q-,Oom , \\\\\\\ 2!3/\\\\\�®\�"-T;""\\�\\/ )!7{)!\ \\ \E0 \ imj � as a as as a aaaaaa a aaaaaaa aaaa f\a { uo o o o ! � 2 | ;! I § lw ! 2�-£ Z w= d, i §§ mk -0 2 ¥aw ». di � e fl2 . ru go OM :_ _ _ o ;\;!2«;i) (\\® !) - ) )7##)E-2 a,,; }\ )/\\ }\ §(\:))) § ! /) ) §}{! kkj {\ \.E 0o � aaaaaaaa \}\ ;\aaaa/f ƒ/.0 u \\\\\)� 1. }/ zo ! � . 2 | oE I § CLW ! 2�-£ Z w= i §§ mk 0 0 of ¥aw ». di � e fl2 . ru \ 0 )k 0 ) \ )()\(\/{ ]01 o. / - o Pi \\) ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Everman Parkway (Grade Separated Crossing) City Project No. 103271 None City of Fort Worth,Texas Everman Parkway Attachment C CPN 103271 PMO Release Date:05.19.2010 Page 1 of 1 FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a "baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth,Texas Everman Parkway Attachment D CPN 103271 Revision Date:07.20.2018 Page 1 of 1 CLIENT: City of Fort Worth PROJECT SCHEDULE CITY JOB# 103271 Everman Parkway Extension TNP JOB # FTW 21267 ID Task Name Duration Start 21 A S O N D 1 Notice to Proceed 1 day Mon 9/6/21 2 Kickoff Meeting 5 days Tue 9/7/21 3 Project Management 65 days Tue 9/14/21 4 Monthly Update Meetings 65 days Tue 9/14/21 5 Data Collection 10 days Mon 9/6/21 6 As-Built Plans 10 days Tue 9/7/21 7 ROW Maps 10 days Tue 9/7/21 8 Property Ownership -TAD 0 days Mon 9/6/21 9/6 9 Surveying 15 days Tue 9/7/21 10 Right of Entry 5 days Tue 9/7/21 11 Control Survey 3 days Tue 9/14/21 12 Flight Mission 2 days Fri 9/17/21 13 Data Processing 5 days Tue 9/21/21 14 Schematic 57 days Tue 9/28/21 15 15% Design 57 days Tue 9/28/21 16 Geometric Design and Typical Sections 10 days Tue 9/28/21 17 Drainage 15 days Tue 10/12/21 18 Hydrologic Analysis 5 days Tue 10/12/21 19 Hydraulic Design 5 days Tue 10/19/21 20 Preliminary Culvert Sizing 5 days Tue 10/26/21 21 Structures 15 days Tue 10/12/21 22 Bridge Layouts 15 days Tue 10/12/21 11/1 23 Retaining Wall Layouts 15 days Tue 10/12/21 24 Prepare Roll Plots 15 days Tue 10/12/21 25 Engineer's Opinion of Probable Cost 5 days Tue 11/2/21 26 Draft Submittal 1 day Tue 11/9/21 27 City Review and Comment Period 15 days Wed 11/10/21 28 Address City Comments 10 days Wed 12/1/21 29 Final Submittal of 15% Deliverables 1 day Wed 12/15/21 Page 1 Attachment E Everman Parkway City Project No. 103271 2AAllv. --z ¢ BEGIN PROJECT END PROJECT y VERMAN PKWY s_ �- Q Ln D,l '• 7 I mill'. Fort Worth Sa9naw Wa`aega Project Location Nature CenEer North MelodyF6ns Richland WIN kakesme — 0 Hurst Lake Wodh Sansom Park 0 Richland Ndls Q Haltom City 0 River oaks Fo RT WORT White Westworth serrlement village Fort worth Westover Hills ® ® Earl Worth Zoo Pan 7 ca ® `m Benhrook —i� nr Edgeclif[ Forest HIII f village KennedBlB •at raa.,oernwcsr Evermen n B9� Pmnrese EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. i. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered bythe commercial general liability orcommercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos,when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non-owned autos is acceptable. Insured waives all rights against City and its agents,officers,directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Everman Parkway Rev. 5.04.21 CPN 103271 Page 1 of 3 c. Workers' Compensation— Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents,officers,directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims-made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self-funded or CFW Standard Insurance Requirements Everman Parkway Rev. 5.04.21 CPN 103271 Page 2 of 3 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10)days'notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self-insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first-dollar basis. City, at its sole discretion,may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims- made basis, shall contain a retroactive date coincidentwith or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Everman Parkway Rev. 5.04.21 CPN 103271 Page 3 of 3 Client#: 70307 18TEAGU NAL1 DATE(MMIDD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 8/17/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh Wortham PHONE g17-336-3030 FAX 817-336-8257 A/C,No,Ext: A/C,No 1600 West Seventh Street E-MAIL ADDRESS: Fort Worth, TX 76102-2505 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Sompo America Insurance Company 11126 INSURED INSURER B:Texas Mutual Insurance Company 22945 Teague Nall& Perkins, Inc. INSURER C 5237 N. Riverside Drive, Ste. 100 INSURER D Fort Worth, TX 76137 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY CPMS1050Y0 5/01/2021 05/01/2022 EACH OCCURRENCE $1,000,000 CLAIMS-MADE u OCCUR PREMISESOEa occur°nce $1,000,000 MED EXP(Any one person) $15 000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY X JECT X LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY ACVS1337L0 5/01/2021 05/01/2022 COEaMBINED accident SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident) ccident $ A X UMBRELLA LIAB X OCCUR CPUS1004E0 5/01/2021 05/01/2022 EACH OCCURRENCE s4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s4,000,000 DED I X RETENTION$10,000 $ B WORKERS COMPENSATION 0001211663 5/01/2021 05/01/2022 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? C NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Hired Car CPMS1050Y0 5/01/2021 05/01/2022 ""See Below" Physical Damage DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder Includes: City of Fort Worth, its officers, employees and servants; Transportation& Public Works Dept.The City shall include its employees, officers,officials, and agents as respects the contracted services. Project: Everman Parkway project(Grade Separated Crossing) (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 Texas Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE Marsh Northam, a division of Marsh USA Inc ©1988-2016 ACORD CORPORATION.All rights reserved. ACORD 26(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S 1384518/M 1350736 18TXA DESCRIPTIONS (Continued from Page 1) City Project#: 103271 Hired Auto Physical Damage:Actual Cash Value subject to: Comprehensive Deductible: $100 Collision Deductible: $1,000 The General Liability policy includes a blanket additional insured endorsement that provides additional insured status to the certificate holder when there is a written contract between the named insured and the certificate holder requiring additional insured status. The General Liability Policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. The Business Auto Policy includes a blanket automatic additional insured endorsement(provision)that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The Business Auto Policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. The Workers Compensation Policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. The Umbrella policy is excess follow form the General Liability,Automobile Liability, Employers Liability, and Workers Compensation policies referenced on the certificate. Commercial General Liability Enhancement-PKG-SGL02001 06/19 Waiver of Transfer of Rights of Recovery Against Other to Us-PKG-CG2404 05/09 Notice to Certificate Holder or Designated Entity-PKG-SIL02021 04/12 Commercial Automobile Enhancement SCA01002 10/13 Waiver of Transfer of Rights of Recovery Against Others to Us(Waiver of Subrogation)-CAU-CA0444 10/13 Notice to Certificate Holder or Designated Entity-CAU-SIL02021 04/12 Texas Waiver of Our Right to Recover from Others Endorsement-TX-WC420304B Texas Notice of Material Change-TX-WC420601 SAGITTA 26.3(2016/03) 2 of 2 #S 1384518/M 1350736 This Endorsement Changes the Policy. Please Read It Carefully. COMMERCIAL GENERAL LIABILITY ENHANCEMENT This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or expenses described in any of the provisions of this endorsement may be broadened, excluded or limited by another endorsement to this Coverage Part, and the coverage-broadening provisions herein may be broadened, or 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. 1. NON-OWNED WATERCRAFT Under Section I —Coverage A., paragraph 2, Exclusions, item (2) of the Aircraft, Auto or Watercraft exclusion is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry persons or property for a charge; The exception in (2) does not apply if the insured has any other insurance for"bodily injury" or"property damage" that would also apply to this extension of coverage or would apply except for the exhaustion of its limits whether the other insurance is primary, excess, contingent or on any other basis. 2. REASONABLE FORCE EXTENSION Under Section I —Coverage A, paragraph 2. Exclusions, the Expected or Intended Injury exclusion is deleted and replaced by the following:' This insurance does not apply to: Expected or Intended Injury "Bodily injury" or"property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. 3. PROPERTY DAMAGE COVERAGE EXTENSIONS A. Under Section I -Coverage A, paragraph 2. Exclusions, the Damage To Property exclusion is replaced by the following: Damage To Property "Property Damage" to (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; Includes copyrighted material of SGL 02 001 (0619) Insurance Services Office, Inc.,with Page 1 of 9 its permission. (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should reasonably have been known by you, at the time the property was transferred or abandoned; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because"your work"was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to"property damage" (other than damage by fire)to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III— Limits of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to"property damage" to equipment you borrow from others at a job site. Paragraphs (3), (4) and (6) of this exclusion do not apply to"property damage" caused by the use of an elevator at premises you own, rent or occupy. This insurance is excess over any valid and collectible insurance available to any insured whether primary, excess, contingent or any other basis. Paragraph (6) of this exclusion does not apply to"property damage" included in the "products-completed operations hazard". B. The following is added to the Damage to Your Product exclusion: This exclusion does not apply to "property damage"to "your product'while on, being moved onto or off of an elevator; or liability assumed under a sidetrack agreement. This insurance is excess over any other valid and collectible insurance available to any insured whether primary, excess, contingent or on any other basis. C. Under Section I —Coverage A, the last paragraph after the exclusions is replaced by the following: Exclusions c.through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III —Limits of Insurance. This limit will apply to all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke or leakage from fire protective systems or any combination thereof. D. Under Section III—Limits Of Insurance, item 6. is replaced by the following: 6. Subject to paragraph 5. above, the higher of: Includes copyrighted material of SGL 02 001 (0619) Insurance Services Office, Inc.,with Page 2 of 9 its permission. a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations; is the most we will pay under Coverage A for damages because of"property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke or leakage from fire protective systems, while rented to you or temporarily occupied by you with permission of the owner. E. Under Section IV—Commercial General Liability Conditions, paragraph b. (1) (a) (ii) under the Other Insurance condition is replaced by the following: (ii) That is Fire, Lightning, Explosion, Smoke or Leakage from Fire Protective Systems insurance for premises rented to you or temporarily occupied by you with permission of the owner; F. Under the Definitions Section, paragraph a. of the Insured Contract definition is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or leakage from fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". 4. BROAD FORM PERSONAL AND ADVERTISING INJURY A. Under Section I —Coverage B -Personal And Advertising Injury Liability, the Contractual Liability exclusion is deleted. B. Under the Definitions Section, the following offense is added to the definition of "personal and advertising injury": h. Vicarious liability for discrimination based on a person's age, color, national origin, race, religion or sex (unless insurance thereof is prohibited by law), but only if such discrimination is: (1) Not done intentionally by or at the direction of: (a) The insured; (b) Any"executive officer", director, stockholder, partner, spouse of a partner, member, spouse of a member, manager or trustee of the insured; and (2) Not related directly or indirectly to an "employee" or to the employment, prospective employment or termination of employment of any person by an insured. 5. MEDICAL PAYMENTS—INCREASED LIMITS A. Item 1.a. (3) (b) of Section I -Coverage C - Medical Payments is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and B. Under Section III —Limits Of Insurance, paragraph 7 is replaced by the following: 7. Subject to Paragraph 5. above, the higher of: a. $15,000; or b. The amount shown in the Declarations for Medical Expense Limit; Includes copyrighted material of SGL 02 001 (0619) Insurance Services Office, Inc.,with Page 3 of 9 its permission. is the most we will pay under Coverage C for all medical expenses because of"bodily injury" sustained by any one person. 6. SUPPLEMENTARY PAYMENTS INCREASED LIMITS Under Supplementary Payments—Coverages A And B, paragraphs 1. b. and 1. d. are replaced by the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to $500 a day because of time off from work. 7. BROADENED INSURED STATUS Under Section II —Who Is An Insured, the following changes are made: A. BROAD NAMED INSURED The following is added: Any legally incorporated entity of which you own more than 50% of the voting stock is an insured. However, this insurance does not apply to "bodily injury" or"property damage"that occurred before you acquired or formed the organization or"personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. Coverage for any such organization will cease as of the date during the policy period on which you no longer maintain more than 50% of the voting stock. B. PARTNERSHIPS AND JOINT VENTURES The last paragraph of Section II—Who Is An Insured beginning "No person or organization is an insured...." is replaced by the following: You are an insured with respect to the conduct of any current or past partnership or joint venture, but only with respect to your interest in such current or past partnership or joint venture. No other person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. C. FELLOW EMPLOYEE COVERAGE The following is added to paragraph 2. a. (1): However, paragraphs (a)through (c) above do not apply to"bodily injury" caused by your "employees" or"volunteer workers" to: (1) A co—"employee"; or (2) A co-"volunteer worker"; in the course of the co- "employee's" employment by you or while performing duties related to the conduct of your business or the "volunteer workers"while performing duties related to the conduct of your business. D. INCIDENTAL MEDICAL MALPRACTICE COVERAGE The following is added to item 2.a.(1)(d): Includes copyrighted material of SGL 02 001 (0619) Insurance Services Office, Inc.,with Page 4 of 9 its permission. However, this limitation does not apply to the rendering or failure to render the following professional healthcare services by any licensed physician, dentist, nurse or other medical practitioner that is your"employee" or"volunteer worker"while performing such services on your behalf and while acting within the scope of his or her license: i. Medical, paramedical, dental,x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or ii. The furnishing or dispensing of drugs or medical or dental supplies; provided that, you are not in the business or occupation of providing any professional healthcare services. This extension of coverage does not apply to punitive or exemplary damages if coverage of such is permitted by statute or case law. The insurance provided by this extension of coverage is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. E. NEWLY ACQUIRED ORGANIZATIONS Paragraph 3. a. is replaced by the following: a. Coverage under this provision is afforded until the end of the policy period; F. MANAGERS OR LESSORS OF PREMISES The following is added as an additional insured: Managers or lessors of premises leased to you are insureds but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury" caused, in whole or in part by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to: 1. Any"occurrence"which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor added by this provision. G. LESSORS OF LEASED EQUIPMENT The following is added as an additional insured: Any person or organization from whom you lease equipment is an insured, but only: 1. When you and such person or organization have agreed in writing in a contract or agreement that the person or organization be added as an additional insured under the insurance as is afforded under this policy; 2. Only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. H. USERS OF WATERCRAFT The following is added as an additional insured: Includes copyrighted material of SGL 02 001 (0619) Insurance Services Office, Inc.,with Page 5 of 9 its permission. Any person, who with your consent, either uses or is responsible for the use of a watercraft to which this insurance applies is an insured, but only for their liability arising out of the use or operation of that watercraft on your behalf. I. VENDORS The following is added as an additional insured: Any person or organization who is a vendor of"your products", but only with respect to liability for"bodily injury" or"property damage" arising out of"your products"which are distributed or sold in the regular course of the vendor's business. With respect to the insurance afforded to these vendors, the following additional exclusions apply: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or"property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to the liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container entering into, accompanying or containing such products. J. ADDITIONAL INSUREDS —CONTROLLING INTEREST The following is added as an additional insured: Any person or organization that has a controlling interest of you, but only with respect to their liability arising out of: 1. Their financial control of you; or 2. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. K. ADDITIONAL INSUREDS —BY CONTRACT,AGREEMENT OR PERMIT The following is added as an additional insured: Includes copyrighted material of SGL 02 001 (0619) Insurance Services Office, Inc.,with Page 6 of 9 its permission. Any person or organization that does not otherwise qualify as an insured under any other provision of this insurance is an insured to the extent that you are required by written contract, written agreement or written permit to name such person or organization as an insured, but only with respect to"bodily injury", "property damage" or"personal and advertising injury" caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of"your work" for the additional insured(s) at the location(s) designated in the written contract, written agreement or written permit; or b. In connection with your premises owned by or rented to you. However, with respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) Unless the written contract or written agreement has been executed or the written permit has been issued prior to the"bodily injury", "property damage" or"personal and advertising injury"; (2) To "bodily injury", "property damage" or"personal and advertising injury" occurring after: (a) The termination date of any requirement to add additional insureds in any such contract, agreement or permit; or (b)The end of this policy period; whichever comes first; or (3) To the rendering or failure to render any professional service. L. The insurance afforded such additional insureds under items 7. F through 7. K: a. Applies only to the extent permitted by law; and b. If required by a written contract, written agreement or written permit, coverage provided the additional insured will not be broader than that which you are required by the written contract, written agreement or written permit to provide for such additional insured. M. With respect to the insurance afforded these additional insureds under 7. F through 7. K, the following is added to Section III —Limits of Insurance: If coverage provided to any additional insured is required by a written contract, written agreement or written permit, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract, agreement or permit; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This provision will not increase the applicable Limits of Insurance shown in the Declarations. 8. PRIMARY AND NON-CONTRIBUTORY—OTHER INSURANCE CONDITION Under Section IV—Commercial General Liability Conditions, the following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy, provided that: Includes copyrighted material of SGL 02 001 (0619) Insurance Services Office, Inc.,with Page 7 of 9 its permission. (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract, agreement or permit that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 9. KNOWLEDGE AND NOTICE OF OCCURRENCE Under Section IV—Commercial General Liability Conditions, paragraphs e. and f. are added to the Duties In The Event of Occurrence, Offense, Claim or Suit condition as follows: e. Your rights afforded under this policy will not be prejudiced if you fail to give us notice of an "occurrence", offense or claim, solely due to your reasonable and documented belief that the "bodily injury", "property damage" or"personal and advertising injury" is not covered under this policy. f. You must give us prompt notice of an "occurrence", offense, claim or loss only when the "occurrence" offense, claim or loss is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An "executive officer" or director, if you are a corporation; (4) A member, if you are a limited liability company; (5) A trustee, if you are a trust; or (6) An "employee' designated by you to give us such a notice. 10. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under Section IV—Commercial General Liability Conditions, the following is added to the Representations condition: We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy, provided such failure is not intentional and you report such failure to us as soon as practicable after its discovery. However, we reserve the right to charge additional premium for any such hazard. 11. WAIVER OF SUBROGATION Under Section IV—Commercial General Liability Conditions, the following is added to the Transfer of Rights of Recovery Against Others To Us condition: If the insured has waived those rights in a written contract, written agreement or written permit executed before loss, our rights are waived also. 12. BODILY INJURY REDEFINED Under the Definitions Section, the definition of"bodily injury" is replaced by the following: "Bodily injury" means bodily injury, disability, mental anguish, mental injury, shock, fright, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. 13. MOBILE EQUIPMENT REDEFINED Under the Definitions Section, paragraph f. of the definition of"mobile equipment" is replaced by the following: f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Includes copyrighted material of SGL 02 001 (0619) Insurance Services Office, Inc.,with Page 8 of 9 its permission. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos", unless weighing less than 10,000 pounds gross vehicle weight, designed for use off public roads and not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged: (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 14. LIBERALIZATION If we adopt a change in our forms or rules that would broaden the coverage of this policy without additional premium, the broader coverage will apply to this policy when the change becomes effective in your state. This endorsement forms a part of Policy Number: CPMS1050YO Effective Date: Insured: Teague Nall&Perkins, Inc. Includes copyrighted material of SGL 02 001 (0619) Insurance Services Office, Inc.,with Page 9 of 9 its permission. This page has been left blank intentionally. POLICY NUMBER: CPMS1050YO COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV- Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ This page has been left blank intentionally. This Endorsement Changes the Policy. Please Read It Carefully. NOTICE TO CERTIFICATE HOLDER OR DESIGNATED ENTRY BLANKET This endorsement modifies all coverage parts included in this policy. SCHEDULE PERSON OR ORGANIZATION: Any person or organization with whom you have agreed in a written contract that notice of cancellation or nonrenewal 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 shown in the Declarations 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 notice shown in this Schedule. Number of Days Notice of Cancellation: 3 0 (If left blank, no notice will be sent.) Number of Days Notice of Nonrenewal: (If left blank, no notice will be sent.) A. If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, we will mail notice of cancellation to the persons or organizations referenced in the Schedule above and listed in the written request sent to us by you, at the addresses provided in the written request sent to us by you. We will mail this notice at least the number of days shown in the Schedule above for cancellation. However, failure to send such notice or send it within the specified time period will not rescind the cancellation. B. If we decide not to renew this policy for any statutorily permitted reason, we will mail notice of nonrenewal to the persons or organizations referenced in the Schedule above and listed in the written request sent to us by you, at the addresses provided in the written request sent to us by you. We will mail such notice at least the number of days shown in the Schedule above for nonrenewal. However, failure to send such notice or send it within the specified time period will not rescind the nonrenewal. This endorsement forms a part of Policy Number: CPMS1050YO Effective Date: Insured: Teague Nall&Perkins, Inc. Includes copyrighted material of SIL 02 021 0412 Insurance Services Office, Inc.,with its Page 1 of 1 permission. This page has been left blank intentionally. This Endorsement Changes the Policy. Please Read It Carefully. COMMERCIAL AUTOMOBILE ENHANCEMENT This endorsement modifies coverage provided under the following: BUSINESS AUTO COVERAGE FORM 1. BROADENED INSURED COVERAGE Under Section II —COVERED AUTOS LIABILITY COVERAGE, the following changes are made: A. BROAD NAMED INSURED The following is added to A. Coverage, paragraph 1.Who Is An Insured: d. Any legally incorporated entity of which you own more than 50% of the voting stock on the effective date of this coverage part is an insured. B. ADDITIONAL INSUREDS—BY CONTRACT, AGREEMENT OR PERMIT The following is added to A. Coverage, paragraph 1.Who Is An Insured: e. Any person or organization, not otherwise identified as an "insured" in this coverage or by endorsement to this coverage, that you are required by written contract, written agreement or written permit to name as an "insured". The insurance provided under item B. above applies on a primary basis if that is required by the written contract, written agreement or written permit. Coverage under this provision is limited to the minimum limits of liability stipulated in that written contract, written agreement or written permit or the amount of loss not to exceed the Limit of Liability shown in the Declarations, whichever is less. C. EMPLOYEES AS INSUREDS The following is added to A. Coverage, paragraph 1.Who Is An Insured: f. Any"employee" of yours is an "insured"while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. FELLOW EMPLOYEE COVERAGE B. Exclusions, paragraph 5. Fellow Employee is deleted and replaced with the following: "Bodily injury" to: a. Any fellow"employee" of the"insured" arising out of and in the course of the fellow"employee's" employment or while performing duties related to the conduct of your business; or Includes copyrighted material of SCA 01 002 1013 Insurance Services Office, Inc.with its Page 1 of 4 permission. b. The spouse, child, parent, brother or sister of that fellow"employee" as a consequence of Paragraph a. above. However, we will cover"bodily injury" caused by your"employee" to his or her fellow"employee" if the "bodily injury" results from the use of a covered "auto" you own or hire. 2. ADDITIONAL SUPPLEMENTARY PAYMENTS Section II—COVERED AUTOS LIABILITY COVERAGE, A. Coverage, paragraph 2.a. Coverage Extensions, Supplementary Payments, items (2) and (4) are deleted and replaced by the following: (2) Up to $5000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 3. KNOWLEDGE AND NOTICE OF OCCURRENCE Section IV- BUSINESS AUTO CONDITIONS, A. Loss Conditions, paragraph 2. Duties In The Event Of Accident, Claim, Suit Or Loss, item a. is deleted and replaced by the following and item d. is added: a. In the event of an "accident", claim, "suit" or"loss"you must give us or our authorized representative prompt notice of the "accident" or"loss"when the "accident", claim, "suit" or"loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership or joint venture; (3) An "executive officer" or director if you are a corporation; (4) A member, if you are a limited liability company; (5) A trustee if you are a trust; or (6) An "employee" designated by you to give us such a notice. This notice should include: (1) How, when and where the"accident" or"loss" occurred; (2) The"insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. d. Your rights afforded under this policy will not be prejudiced if you fail to give us notice of an "accident", claim, "suit" or"loss", solely due to your reasonable and documented belief that the "bodily injury" or"property damage" is not covered under this policy. 4. WAIVER OF SUBROGATION Includes copyrighted material of SCA 01 002 1013 Insurance Services Office, Inc.with its Page 2 of 4 permission. The following is added to Section IV-BUSINESS AUTO CONDITIONS, A. Loss Conditions, paragraph 5.Transfer of Rights of Recovery Against Other To Us: If the insured has waived those rights prior to the"accident" or"loss", our rights are waived also. 5. UNINTENTIONAL ERRORS AND OMISSIONS The following is added to Section IV- BUSINESS AUTO CONDITIONS, B. General Conditions, paragraph 2. Concealment, Misrepresentation Or Fraud: We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy, provided such failure is not intentional. However, we reserve the right to charge additional premium for any such hazard. 6. BROADENED PHYSICAL DAMAGE COVERAGE Under Section III—PHYSICAL DAMAGE COVERAGE, the following changes are made: A. WAIVER OF DEDUCTIBLE—GLASS REPAIR The following is added to D. Deductible: No deductible for a covered "auto"will apply to glass damage if the glass is repaired rather than replaced. B. ADDITIONALTRANSPORTATION EXPENSES A. Coverage, 4. Coverage Extensions, paragraph a. Transportation Expenses is deleted and replaced by the following: We will pay up to$50 per day to a maximum of$1500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its"loss". C. ADDITIONAL LOSS OF USE EXPENSES A. Coverage, 4. Coverage Extensions, paragraph b. Loss Of Use Expenses is deleted and replaced by the following: For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations Indicate that Collision Coverage is provided for any covered "auto". Includes copyrighted material of SCA 01 002 1013 Insurance Services Office, Inc.with its Page 3 of 4 permission. However, the most we will pay for any expenses for loss of use is$65 per day, to a maximum of$1500. D. COST TO RECOVER STOLEN AUTO The following is added to A. Coverage,4. Coverage Extensions. We will pay reasonable and necessary expenses incurred by you to return a stolen, covered "auto" from the place where it is recovered to its usual garaging place. The most we will pay for such expenses is$1000. This Coverage Extension does not apply if your business is selling, servicing or repairing "autos". E. PERSONAL EFFECTS COVERAGE The following is added to A. Coverage,4. Coverage Extensions. In the event of a total theft of a covered "auto", we will pay for personal effects owned by an "insured" and in or on the covered "auto" at the time of"loss". The most we will pay for such personal effects is $500 per"loss". No deductibles apply to this Personal Effects Coverage. F. AIRBAGS—ACCIDENTAL DISCHARGE COVERAGE The following is added to B. Exclusions, paragraph 3. This exclusion does not apply to the accidental discharge of an airbag caused by or arising from mechanical or electrical breakdown, provided the covered "auto" does not also incur other physical damage. The most we will pay for such "loss" is$1000. This coverage is excess over any other collectible insurance or warranty. No deductibles apply to this Airbags—Accidental Discharge Coverage. G. VEHICLE WRAP COVERAGE The following is added to A. Coverage,4. Coverage Extensions. In the event of a total "loss" to a covered "auto" and in addition to the actual cash value of the covered "auto", we will pay up to $1000 to repair or replace vehicle wraps displayed on the "auto" at the time of"loss". The most we will pay under the Vehicle Wrap Coverage is $5000 for any one "loss", regardless of the number of covered "autos" deemed a total "loss". For the purpose of this coverage, vehicle wraps are full color, graphic images printed on vinyl film and attached to an "auto". 7. ADDITIONAL DEFINITIONS The following is added to Section V—DEFINITIONS: "Executive Officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any similar governing document. This endorsement forms a part of Policy Number: ACVS1337LO Effective Date: Insured: Teague Nall&Perkins, Inc. Includes copyrighted material of SCA 01 002 1013 Insurance Services Office, Inc.with its Page 4 of 4 permission. POLICY NUMBER: ACVS1337LO COMMERCIALAUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Teague Nall&Perkins, Inc. Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): Any pers on or organization for who or which you are required by written contract or agreement to obtain this waiver from us. You must agree to that requirement prior to loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 This page has been left blank intentionally. This Endorsement Changes the Policy. Please Read It Carefully. NOTICE TO CERTIFICATE HOLDER OR DESIGNATED ENTRY BLANKET This endorsement modifies all coverage parts included in this policy. SCHEDULE PERSON OR ORGANIZATION: Any person or organization with whom you have agreed in a written contract that notice of cancellation or nonrenewal 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 shown in the Declarations 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 notice shown in this Schedule. Number of Days Notice of Cancellation: 3 0 (If left blank, no notice will be sent.) Number of Days Notice of Nonrenewal: (If left blank, no notice will be sent.) A. If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, we will mail notice of cancellation to the persons or organizations referenced in the Schedule above and listed in the written request sent to us by you, at the addresses provided in the written request sent to us by you. We will mail this notice at least the number of days shown in the Schedule above for cancellation. However, failure to send such notice or send it within the specified time period will not rescind the cancellation. B. If we decide not to renew this policy for any statutorily permitted reason, we will mail notice of nonrenewal to the persons or organizations referenced in the Schedule above and listed in the written request sent to us by you, at the addresses provided in the written request sent to us by you. We will mail such notice at least the number of days shown in the Schedule above for nonrenewal. However, failure to send such notice or send it within the specified time period will not rescind the nonrenewal. This endorsement forms a part of Policy Number: ACVS1337LO Effective Date: Insured: Teague Nall&Perkins, Inc. Includes copyrighted material of SIL 02 021 0412 Insurance Services Office, Inc.,with its Page 1 of 1 permission. This page has been left blank intentionally. Tex,qsmutuar 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. Texdbmutuai WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Insured copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: City of Fort Worth 200 Texas Street Fort Worth,TX 76102 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 Texas Mutual Insurance Company 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 06 01 This page has been left blank intentionally. 78/27/2021 E(MMIDDIYYYY) A` �� CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Risk Strategies NAME: Joe Bryant 12801 North Central Expy. Suite 1710 A/C,N Ext: 214 323-4602 a/c No): 214 503-8899 Dallas,TX 75243 E-MAIL ADDRESS: certificatedallas@risk-strategies.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Berkshire Hathaway Specialty Ins Co 22276 INSURED INSURER B Teague Nall & Perkins, Inc. 5237 N. Riverside Drive, Suite 100 INSURERC: Fort Worth TX 76137 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 63618754 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBRTYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP LTR MM DDIYYYY MM DDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAM CLAIMS-MADE 1:1OCCUR P R E M SES OER,occurDrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability 47-EPP-317172-01 8/24/2021 8/24/2022 Per Claim/Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible.Thirty(30)day notice of cancellation in favor of certificate holder on all policies. Re:City Project#103271,TNP Job#FTW 21267, Everman Parkway project(Grade Separated Crossing). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 Texas Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE G�SE Joe Bryant ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 63518754 121/22 PL I Patra 18/27/2021 2:35:35 PM (EDT) I Page 1 of 1