HomeMy WebLinkAboutContract 56262 CSC No.56262
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 Neel-Schaffer, Inc., authorized to do business in Texas, ("ENGINEER"), for a
PROJECT generally described as: Citywide On Call Storm Drain Rehabilitation
Improvements, CPN 102527.
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 $300,000 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 OFFICIAL RECORD
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021
Page 1 of 14 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 102527 Storm Drain Rehab Program
Standard Agreement for Engineering Related Design Services
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.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
City of Fort Worth,Texas 102527 Storm Drain Rehab Program
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021
Page 3 of 14
(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.
I. Business Equity Participation
City of Fort Worth,Texas 102527 Storm Drain Rehab Program
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021
Page 4 of 14
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 102527 Storm Drain Rehab Program
Standard Agreement for Engineering Related Design Services
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 respondent superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this
Agreement which the ENGINEER could not have been reasonably aware of,
the ENGINEER shall notify the CITY of such changes and an adjustment in
compensation will be made through an amendment to this AGREEMENT.
P. Schedule
City of Fort Worth,Texas 102527 Storm Drain Rehab Program
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021
Page 6 of 14
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
City of Fort Worth,Texas 102527 Storm Drain Rehab Program
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021
Page 7 of 14
(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.
I. Litigation Assistance
City of Fort Worth,Texas 102527 Storm Drain Rehab Program
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021
Page 8 of 14
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.
D. Termination
City of Fort Worth,Texas 102527 Storm Drain Rehab Program
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021
Page 9 of 14
(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, orfailure to pay a subcontractor or supplier. CITY
is entitled to recover its reasonable attorney's fees in proportion to the
ENGINEER's liability.
City of Fort Worth,Texas 102527 Storm Drain Rehab Program
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021
Page 10 of 14
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
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
City of Fort Worth,Texas 102527 Storm Drain Rehab Program
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021
Page 11 of 14
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
Attachment B - Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
City of Fort Worth,Texas 102527 Storm Drain Rehab Program
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021
Page 12 of 14
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
Neel-Schaffer, Inc.
Dana Burghdoff(Stjp 1,202 9:42 CDT) -�
Dana Burghdoff
Assistant City Manager James P. Amick, P.E.
Date: Sep 1,2021
Engineer Manager
Date: August 11, 2021
APPROVAL RECOMMENDED:
* .
By:Wj(Aug 26,202 07:11 PDT)
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.
a
Mike Bennett, P.E., P.M.P.
Project Manager
APPROVED AS TO FORM AND LEGALITY
Bee-or,
By:DBIa&(Sep 1,202112:03 CDT)
Douglas W. Black
Senior Assistant City Attorney
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth,Texas 102
Standard Agreement for Engineering Related Design Services FT. WORTH, TX
Revised Date:July 01,2021
Page 13 of 14
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ATTEST: ��v o o x Form 1295 No. 2021-741712
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Ronald P. Gonzales a�� EXASaa M&C No.: 21-0399
Acting City Secretary
M&C Date: 6/8/2021
OFFICIAL RECORD
City of Fort worth,Texas 102 CITY SECRETARY
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021 FT. WORTH, TX
Page 14 of 14
ATTACHMENT "A"
Scope for Task Order Contract - Engineering Design and Construction Phase Services
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 objective of the projects completed under the Task Order agreement is to prepare
construction documents for Citywide On Call Storm Drain Rehabilitation Improvements, CPN
102527. Work under this agreement includes, but is not limited to, project management, data
collection, topographic survey, subsurface utility exploration (SUE), right-of-way
documentation, conceptual/schematic design, preliminary and final design, bidding, and
construction phase services for drainage improvements.
WORK TO BE PERFORMED
ENGINEER hereby agrees to perform design and construction phase services on a task order
basis as may be requested by the CITY during the term of this AGREEMENT.
Work under this agreement will be performed on a task order basis. The CITY will request
services for each Task Order. The ENGINEER shall prepare scope, fee and schedule as
necessary to perform the services requested for each Task Order within 10 working days of
the CITY's request.
Each Task Order shall include scope for services as Attachment "A". This scope of services
will outline tasks required to complete the Work Authorization. This scope of services shall
include a detailed description of each task, outline any assumptions and list the required
deliverables.
Each Task Order shall include Attachment "B" detailing the compensation for the Task Order.
Compensation will be based upon hours agreed to by the CITY and the ENGINEER for each
Task Order. Compensation will be based on the Schedule of Rates in Attachment "B" of this
agreement. The fee will include an estimate of reimbursable expense and sub-consultant
costs for each Work Authorization. Compensation for each Work Authorization shall be hourly,
not-to-exceed.
If the Task Order requires a schedule, it shall be attached as Attachment "D".
Each Task Order shall include Attachment "E" to identify the project location.
City of Fort Worth,Texas 102527 Storm Drain Rehab Program
Attachment A
PMO Release Date:07/23/2012
Page 1 of 1
ATTACHMENT B
COMPENSATION
Engineering Design and Construction Phase Services for
Citywide On Call Storm Drain Rehabilitation Improvements
City Project No. 102527
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 for this project for an amount
not to exceed $300,000, unless amended. CITY and ENGINEER will agree upon
compensation for each Task Order prior to starting work. Each Task Order shall
be Time and Materials.
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 and includes all direct salaries, overhead, and profit.
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 2021 Rate 2022 Rate
Principal $250/hour $260/hour
Project Manager $200/hour $210/hour
Project Engineer $150/hour $155/hour
EIT $120/hour $125/hour
GIS/CADD $125/hour $130/hour
Administrative $85/hour $90/hour
Survey RPLS/Supervisor $180/hour $190/hour
Survey Field Crew 1-2 Person $175/hour $185/hour
Survey Technician $105/hour $110/hour
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.
City of Fort Worth,Texas
Attachment B 102527 Storm Drain Rehab Program
PMO Official Release Date:8.09.2012
Page 1 of 4
B-1
ATTACHMENT B
COMPENSATION
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.
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.
City of Fort Worth,Texas
Attachment B 102527 Storm Drain Rehab Program
PMO Official Release Date:8.09.2012
Page 2 of 4
B-2
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount %
Prime Consultant
Neel-Schaffer, Inc. Project Management, Design, $264,000 88.0
Construction Phase Services
Proposed MBE/SBE Sub-Consultants
MAS Consultants Design $12,000 4.0
The Rios Group Subsurface Utility Engineering $6,000 2.0
Salcedo Group, Inc. Survey $18,000 6.0
Non-MBE/SBE Consultants
TOTAL $300,000 100%
Project Number & Name Total Fee MBE/SBE Fee MBE/SBE
CPN 102527 Citywide On Call Storm $300,000 $36,000 12.0%
Drain Rehabilitation Improvements
City MBE/SBE Goal = 12% Consultant Committed Goal = 12.0 %
City of Fort Worth,Texas
Attachment B 102527 Storm Drain Rehab Program
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
Attachment B 102527 Storm Drain Rehab Program
PMO Official Release Date:8.09.2012
Page 4 of 4
B-4
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Citywide On Call Storm Drain Rehabilitation Improvements
City Project No. 102527
<List any changes to the Standard Agreement>
None
City of Fort Worth,Texas 102527 Storm Drain Rehab Program
Attachment C
PMO Release Date:05.19.2010
Page 1 of 1
FORTWORTH
ATTACHMENT "D"
PROJECT SCHEDULE
A. ENGINEER Project Schedule Development
The project schedule will be created on a per task order basis
City of Fort Worth,Texas 102527 Storm Drain Rehab Program
Attachment D
Revision Date:07.20.2018
Page 1 of 1
Attachment "E"
Project Location Map
Design Services for
Citywide On Call Storm Drain Rehabilitation Improvements
City Project No. 102527
N/A
102527 Storm Drain Rehab Program
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 by the commercial general liability or commercial umbrella
liability insurance maintained in accordance with Agreement.
b. Business Auto — Insured shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance as follows:
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis).
Such insurance shall cover liability arising out of "any auto", including owned,
hired, and non-owned autos, when said vehicle is used in the course of Insured's
business and/or the Project. If Insured owns no vehicles, coverage for hired or
non-owned autos is acceptable.
Insured waives all rights against City and its agents,officers,directors and
employees for recovery of damages to the extent these damages are
covered by the business auto liability or commercial umbrella liability
insurance obtained by Insured pursuant to this Agreement or under any
applicable auto physical damage coverage.
CFW Standard Insurance Requirements Page 1 of 3
Rev. 5.04.21
c. Workers' Compensation — Insured shall maintain workers compensation and
employer's liability insurance and, if necessary, commercial umbrella liability
insurance as follows:
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Insured waives all rights against City and its agents,officers,directors and
employees for recovery of damages to the extent these damages are
covered by workers compensation and employer's liability or commercial
umbrella insurance obtained by Insured pursuant to this Agreement.
d. Professional Liability (Errors & Omissions) — Insured shall maintain
professional liability insurance as follows:
$1,000,000 - Each Claim Limit
$2,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to
the Commercial General Liability policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other
requirements. Coverage shall be written on a claims-made basis, and
maintained for the duration of the contractual agreement and for five (5) years
following completion of services provided. The policy shall contain a retroactive
date prior or equal to the Effective Date of the Agreement or the first date of
services to be performed, whichever is earlier. An annual certificate of insurance
shall be submitted to City to evidence coverage.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that Insured has obtained all required
insurance shall be attached to Agreement concurrent with its execution. Any
failure to attach the required insurance documentation hereto shall not
constitute a waiver of the insurance requirements.
b. Applicable policies shall be endorsed to name City as an Additional Insured,
as its interests may appear, and must afford the City the benefit of any
defense provided by the policy. The term City shall include its employees,
officers, officials, and agents as respects the contracted services. Applicable
policies shall each be endorsed with a waiver of subrogation in favor of City
with respect to the Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies
documented thereon. Insured's insurance policy(s) shall be endorsed to
provide that said insurance is primary protection and any self-funded or
CFW Standard Insurance Requirements Page 2 of 3
Rev. 5.04.21
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery. Insured's liability shall not be limited to the
specified amounts of insurance required herein.
d. Other than worker's compensation insurance, in lieu of traditional
insurance, City may consider alternative coverage or risk treatment
measures through insurance pools or risk retention groups. City must
approve in writing any alternative coverage for it to be accepted.
e. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to City. A ten (10)days'notice shall be acceptable
in the event of non-payment of premium.
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 consentto 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 coincident with or priorto the date
of this Agreement. The certificate of insurance shall state both the retroactive
date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis, shall be
maintained without interruption nor restrictive modification or changes from
date of commencement of the Project until final payment and termination of
any coverage required to be maintained after final payments.
I. City shall not be responsible for the direct payment of any insurance
premiums required by Agreement.
m. Subcontractors of Insured shall be required by Insured to maintain the same
or reasonably equivalent insurance coverage as required for Insured. Upon
City's request, Insured shall provide City with documentation thereof.
CFW Standard Insurance Requirements Page 3 of 3
Rev. 5.04.21
COMMERCIAL AUTO
AC 70 05 0316
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO PROTECTION - GOLD
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SUMMARY OF COVERAGES
A. Effect of This Endorsement
B. Newly Acquired or Formed Entities
C. Employees as Insureds—Nonowned Autos
D. Additional Insured by Contract, Permit or Agreement
E. Supplementary Payments—Bail Bonds
F. Supplementary Payments—Loss of Earnings
G. Personal Effects and Property of Others Extension
H. Prejudgment Interest Coverage
1. Fellow Employee—Officer,Managers and Supervisors
J. Hired Auto Physical Damage
K. Temporary Substitute Autos—Physical Damage Coverage
L. Expanded Towing Coverage
M. Auto Loan or Lease Coverage
N. Original Equipment Manufacturer Parts--Leased Private Passenger Types
O. Deductible Amendments
P. Rental Reimbursement Coverage
Q. Expanded Transportation Expense
R. Extra Expense—Stolen Autos
S. Physical Damage Limit of Insurance
T. New Vehicle Replacement Cost
U. Physical Damage Coverage Extension
V. Transfer of Rights of Recovery Against Others To Us
W. Section IV--Business Auto Conditions—Notice of and Knowledge of Occurrence
X. Hired Car Coverage Territory
Y. Emergency Lock Out
Z. Cancellation Condition
r�
AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 7
with its permission
ACP BAG 30-0-7936590 t.AXA 16323 INSURED COPY AC7005031600 0001 35 0008126
102527 Storm Drain Rehab Program
COMMERCIAL AUTO
AC 70 05 0316
A. EFFECT OF THIS ENDORSEMENT If specifically required by the written contract or
Coverage provided under this policy Is modified agreement referenced in the paragraph above,
by the provisions of this endorsement. If there any coverage provided by this endorsement to
Is any conflict between the provisions of this an additional insured shall be primary and
endorsement and the provision(s)of any state- any other valid and collectible Insurance avail- m
able to the additional insured shall be non-
specific endorsement also attached to this poli- contributory with this insurance. If the written 0
cy, then the provision(s) of the state-speclfc contract does not require this coverage to be
endorsement shall apply instead of the provi- primary and the additional insured's coverage to
sions of this endorsement that are in conflict, be non-contributory, then this insurance will be
but only to the extent of the conflict,and only to excess over any other valid and collectible insu
the extent necessary to bring such provisions ance available to the additional insured.
into conformance with the state requirement(s)
Contained in the provisions)of the state-specific
endorsement. E. SUPPLEMENTARY PAYMENTS — BAIL
B. NEWLY ACQUIRED OR FORMED ENTITIES BONDS
The Named Insured shown in the Declarations is Supplementary Payments of SECTION II —
amended to include any organization you newly COVERED AUTOS LIABILITY COVERAGE is
acquire or form, other than a partnership,joint revised as follows:
venture, or limited liability company, and over (2) Up to$2,500 for cost of bail bonds(including
which you maintain ownership or majority(more bonds for related traffic law violations)
than 50%)interest; if there is no other similar In- required because of an"accident'we cover.
surance available to that organization.Coverage We do not have to furnish these bonds.
under this provision is afforded until the 180'' F. SUPPLEMENTARY PAYMENTS — LOSS OF
day after you acquire or form the organization or EARNINGS
the end of the policy period,whichever is later.
C. EMPLOYEES AS INSUREDS — NONOWNED Supplementary Payments of the SECTION II --AUTOS COVERED AUTOS LIABILITY COVERAGE is
revised as follows:
The following is added to paragraph A.I.Who Is (4) All reasonable expenses incurred by the"in-
An Insured of SECTION II— COVERED AUTOS sured" at our request, including actual loss
LIABILITY COVERAGE: of earnings up to $500 a day because of
d. Any "employee" of yours is an "insured" time off from work.
while using a covered"auto" you don't own, G. PERSONAL EFFECTS AND PROPERTY OF
hire or borrow in your business or your per- OTHERS EXTENSION
sonal affairs.
D. ADDITIONAL INSURED BY CONTRACT, 1. The. Care, Custody or Control Exclusion PERMIT OR AGREEMENT SECTION II — COVERED AUTOS
LIABILITY COVERAGE, does not apply to
The following is added to A.I. Who Is An In- "property damage" to property, other than
sured of SECTION Il — COVERED AUTOS your property,up to an amount not exceed-
LIABILITY COVERAGE, ing $250 in any one "accident". Coverage
Any person or organization that you are re- is excess over any other valid and collectible
quired to name as an additional Insured In a insurance.
written contract or agreement that is executed 2. The following paragraph is added to A.4.
or signed by you prior to a "bodily injury" or Coverage Extensions of SECTION III —
.property damage" occurrence is an "insured" PHYSICAL DAMAGE COVERAGE:
for Covered Auto Liability coverage. How-
ever, with respect to covered "autos", such c. We will pay up to$500 for your property
that is lost or damaged as a result of a
person or organization is an insured only to covered "loss", without applying a de-
the extent that person or organization qualifies excess
as an "insured"under A.I. Who is an Insured of otheductr le. Coverage is excess over any
SECTION 11 — COVERED AUTOS LIABILITY other valid and collectible insurance.
COVERAGE:
F.
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102527 Storm Drain Rehab Program
{ COMMERCIAL AUTO
t AC 70 05 0316
H. PREJUDGMENT INTEREST COVERAGE substitute for a covered"auto"you own that
The following paragraph is added to SECTION II is out of service because of its:
— COVERED AUTOS LIABILITY COVERAGE, a. Breakdown;
2. Coverage Extensions, a. Supplementary b. Repair;
Payments:
(7) Prejudgment interest awarded against the c. Servicing;
"Insured" on that part of the judgment we d. "Loss";or
pay. If we make an offer to pay the appli- e. Destruction
cable limit of insurance, we will not pay The coverage that applies is the same as
any prejudgment interest based on that the coverage provided for the vehicle being
period of time after the offer. replaced.
I. FELLOW EMPLOYEE — OFFICERS,
MANAGERS,AND SUPERVISORS L. EXPANDED TOWING COVERAGE
The Fellow Employee Exclusion In SECTION Il 1. We will pay up to:
—COVERED AUTOS LIABILITY COVERAGE is
replaced as follows; a. $100 for a covered "auto" you own of
the private passengertype,or
A. "Bodily injury" to any fellow "employee" of
b
the"insured"arising out of and in the course . $500 for a covered "auto"you own that
of the fellow "employee's" employment or is not of the private passengertype,
while performing duties related to the con- for towing and labor costs incurred each
duct of your business. This exclusion does time the covered"auto"is disabled. Howev-
not apply to an "Insured" who occupies a er, the labor must be performed at the place
position as an officer, manager, or supervi- of disablement.
sor• 2. This coverage applies only for an "auto"
J. HIRED AUTO PHYSICAL DAMAGE covered on this policy for Comprehensive or
If covered"auto"designation symbols 1 or 8 ap- Specified Causes of Loss Coverage and
ply to Liability Coverage and If at least one "au- Collision Coverages.
to" you own is covered by this policy for Com- 3. Payment applies in addition to the otherwise
prehensive, Specified Causes of Loss, or Colli- applicable amount of each coverage you
sion coverages, then the Physical Damage have on a covered"auto".
coverages provided are extended to "autos"you M. AUTO LOAN OR LEASE COVERAGE
lease, hire, rent or borrow without a driver, and 1. in the event of a total 'loss" to a covered
provisions in the Business Auto Coverage Form "auto", we will pay any unpaid amount due
applicable to Hired Auto Physical Damage apply on the loan or lease, including up to a max-
up to a limit of$100,000. The deductible will be imum of $500 for early termination fees or
equal to the largest deductible applicable to any penalties,for your covered"auto"less:
owned "auto" for that coverage. Any Compre-
ve deductible does not apply to fire or a. The amount paid under SECTION Ili —
hensi
ensIing. PHYSICAL DAMAGE COVERAGE of
lightn
K. TEMPORARY SUBSTITUTE AUTOS —
this policy;and
PHYSICAL DAMAGE COVERAGE b. Any:
The following is added to paragraph C. Certain 1) Overdue lease/loan payments at the
Trailers, Mobile Equipment And Temporary time of the"loss";
Substitute Autos of SECTION I - COVERED 2) Financial penalties imposed under a
AUTOS: lease for excessive use, abnormal
If Physical Damage Coverage is provided by wear and tear or high mileage;
this Coverage Form, the following types of 3) Security deposits not refunded by a
vehicles are also covered "autos"for Physi- lessor;
cal Damage Coverage: 4) Costs of extended warranties,Credit
Any "auto" you do not own while used with Life insurance, Health, Accident, or
the permission of its owner as a temporary Disability insurance purchased with
the lease;and
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102527 Storm Drain Rehab Program
COMMERCIAL AUTO
AC 70 05 0316
5) Carry-over balances from previous No deductible applies to glass if the glass is re-
leases. paired,in a manner acceptable to us,rather than
2. This coverage only applies to a "loss"which replaced.
is also covered under this policy for Com- P. RENTAL REIMBURSEMENT COVERAGE
prehensive, Specified Causes of Loss, or 1. This coverage applies only to a covered"au-
Collision coverage, to"for which Physical Damage Coverage is
3. Coverage does not apply to any unpaid provided on this policy.
amount due on a loan for which the covered 2. We will pay for rental reimbursement ex-
"auto"is not the sole collateral. penses Incurred by you for the rental of an
N. ORIGINAL EQUIPMENT MANUFACTURER "auto"because of"loss"to a covered"auto".
PARTS — LEASED PRIVATE PASSENGER Payment applies In addition to the otherwise
TYPES applicable amount of each coverage you
Under Paragraph C. Limit of Insurance of have on a covered "auto." No deductibles
SECTION III — PHYSICAL DAMAGE apply to this coverage.
COVERAGE, Section 4 is added as follows: 3. We will pay only for those expenses incurred
4. We will use new original equipment vehicle during the policy period beginning 24 hours
manufacturer parts for any private passen- after the"loss"and ending,regardless of the
ger type covered "auto" where required by policy's expiration, with the lesser of the
the lease agreement which has a term of at following number of days:
least six months. If a new original equip- a. The number of days reasonably
ment vehicle manufacturer part is not in pro- required to repair or replace the covered
duction or distribution we may use a like, "auto". If "loss" Is caused by theft, this
kind and quality replacement part. number of days is added to the number
O. DEDUCTIBLE AMENDMENTS of days it takes to locate the covered
The following are added to the Deductible provi- "auto"and return it to you.
slon of SECTION III — PHYSICAL DAMAGE b. The number of days shown in the
COVERAGE: Schedule.
If another policy or coverage form that is not an 4. Our payment is limited to the lesser of the
automobile policy or coverage form issued by following amounts:
this company applies to the same"accident",the a. Necessary and actual expenses
following applies: incurred.
1. If the deductible under this coverage is the b. $75 for any one day or for a maximum
smaller (or smallest) deductible, it will be of 30 days.
waived: 5. This coverage does not apply while there
2. If the deductible under this coverage is not are spare or reserve"autos"available to you
the smaller(or smallest)deductible,it will be for your operations.
reduced by the amount of the smaller (or 6. If"loss"results from the total theft of a cov-
smallest)deductible. ered "auto" of the private passenger type,
If a Comprehensive or Specified Causes of Loss we will pay under this coverage only that
Coverage "loss" from one "accident" involves amount of your rental reimbursement ex-
two or more covered "autos", only the highest penses which Is not already provided for un-
deductible applicable to those coverages will be der SECTION III — PHYSICAL DAMAGE
applied to the"accident,"if the cause of the loss COVERAGE Coverage Extension.
is covered for those vehicles.This provision only Q. EXPANDED TRANSPORTATION EXPENSE
applies if you carry Comprehensive or Specified Paragraph A.4.a. of SECTION III — PHYSICAL
Causes of Loss Coverage for those vehicles, DAMAGE COVERAGE is replaced by the follow-
and does not extend coverage to any covered
"autos" for which you do not carry such ing:
coverage. We will pay up to $50 per day to a maximum of
$1500 for temporary transportation expense in-
curred by you because of the total theft of a
i
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102527 Storm Drain Rehab Program
COMMERCIAL AUTO
AC 70 05 0316
covered "auto" of the private passenger type. ment manufacturer or other sources in-
We will only pay for those covered "autos" for cluding non-original equipment manu-
which you carry Comprehensive or Specified facturers and
Causes of Loss Coverage.We will pay for tem- b. If a repair or replacement results In bet-
porary transportation expenses incurred during ter than like kind or quality, we will not
the period beginning 24 hours after the theft and pay for the amount of the net improve-
ending, regardless of the policy's expiration, ment.
when the covered"auto"is returned to use or we 5. If we offer to pay the actual cash value of
payfor its"loss
R. EXTRA EXPENSE—STOLEN AUTOS the damaged or stolen property, will
value auto advertising wraps, paint cusustomi-
The following paragraph is added to Coverage nation,and similar business related advertis-
Extensions of SECTION III — PHYSICAL ing modifications, in addition to the actual
DAMAGE COVERAGE: cash value of the property.Auto advertising
c. We will pay for up to$5,000 for the expense wraps, paint customization, and similar
of returning a stolen covered"auto" to you. business related advertising modifications
We will pay only for those covered "autos" will be valued at the cost to replace them
for which you carry Comprehensive or Spec- with an adjustment made for depreciation
ified Causes of Loss Coverage and physical condition.
S. PHYSICAL DAMAGE LIMIT OF INSURANCE T. NEW VEHICLE REPLACEMENT COST
Under SECTION III — PHYSICAL DAMAGE The following Is added to the Limit of Insurance
COVERAGE, Paragraph C., Limit of Insurance provision of SECTION IIi — PHYSICAL
Is replaced by the following: DAMAGE COVERAGE:
C. Limit Of Insurance 5. The provisions of paragraphs 1. and 3. do
1. The most we will pay for "loss" in any one not apply to a covered"auto" of the private
"accident"is the lesser of: passenger type or a vehicle with a gross
i vehicle weight rating of 20,000 pounds or
a. The actual cash value of the damaged less which is a"new vehicle."
or stolen property as of the time of the In the event of a total "loss"to your new ve-
"loss",or hicle to which this coverage applies,we will
b. The cost of repairing or replacing the pay at your option:
damaged or stolen property. a. The verifiable "new vehicle" purchase
2. $1500 is the most we will pay for "loss" In price you paid for your damaged vehi-
any one "accident" to all electronic equip- cle, not including any insurance or war-
ment that reproduces, receives or transmits ranties purchased;
audio, visual or data signals which, at the
time of"lass",is: b. If it Is available, the purchase priced as
negotiated by us, of a ftnew vehicle of
a. Permanently Installed in or upon the the same make, model, and equipment
covered"auto" in a housing, opening or or the most similar model available, not
other location that is not normally used including any furnishings, parts, or
by the "auto" manufacturer for the in- equipment not Installed by the manufac-
stallation of such equipment. turer or manufacturers'dealership;or.
b. Removable from a permanently installed c. The market value of your damaged ve-
housing unit as described in Paragraph hicle, not including any furnishings,
2.a. above or is an Integral part of that parts, or equipment not installed by the
equipment;or manufacturer or manufacturer's dealer-
c. An integral part of such equipment. ship.
3. An adjustment for depreciation and physical We will not pay for Initiation or set up costs
condition will be made in determining actual associated with loans or leases
cash value in the event of a total"loss". As used in this endorsement, a "new
4. The cost of repairing or replacing may: vehicle" means an "auto" of which you are
1 a. Be based on an estimate which includes the original owner that has not been previ-
parts furnished by the original equip-
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ACP BAG 30.0 7936590 LAXA 16323 INSURED COPY AC7005031600 0001 35 0008130
102527 Storm Drain Rehab Program
COMMERCIAL AUTO
AC 70 05 0316
ously titled and which you purchased less a. Your obligation in the Duties in the Event
than 365 days before the date of the"loss". of Accident, Claim, Suit or Loss Condi-
tion relative to notification requirements
U. PHYSICAL. DAMAGE COVERAGE applies only when the "accident" or
EXTENSIONS "loss"is known to:
Under SECTION III — PHYSICAL DAMAGE (1) You,if you are an Individual;
COVERAGE:, A. Coverage, Coverage Exten- (2) A partner,if you are a partnership;
sions, b. Loss of Use Expenses is replaced by (3) A member, if you are a limited liability
the following: company;or
b. Loss of Use Expenses (4) An executive officer or Insurance
For Hired Auto Physical Damage, we will manager,if you are a corporation.
pay expenses for which an "Insured" be- b. Your obligation In the. Duties in the Event
comes legally responsible to pay for loss of of Accident,Claim, Suit or Loss Condition
use of a vehicle rented or hired without a relative to providing us with documents
driver, under a written rental contract or concerning a claim or "suit" will not be
agreement. We will pay for loss of use ex- considered breached unless the breach
penses if caused by: occurs after such claim or"suit" is known
(1) Other than collision if the Declarations to:
indicate that Comprehensive Coverage (1) You,if you are an individual;
is provided for any covered"auto"; (2) A partner,if you are a partnership;
(2) Specified Causes of Loss only if the (3) A member, if you are a limited
Declarations indicate that Specified liability company;or
Causes of Loss Coverage is provided (4) An executive officer or insurance
for any covered"auto";or manager,if you are a corporation.
(3) Collision only if the Declarations indicate
that Collision Coverage is provided for
any covered"auto." X. HIRED CAR—COVERAGE TERRITORY
However, the most we will pay for any Item (5) of the Policy Period, Coverage Territory
expenses for loss of use is$50 per day,to a GeneralConditionss replaced by the following:
maximum of$1,500.The insurance provided (5)Anywheren the woridif a covered"auto"is
by this provision is excess over any other leased, hired, rented or borrowed without a
collectible insurance. driverfor a period of 30 days or less;and
V. TRANSFER OF RIGHTS OF RECOVERY Y. EMERGENCY LOCKOUT
AGAINST OTHERS TO US We will reimburse you up to$100 for reasonable
The following Is added to the Transfer Of Rights expense incurred for the services of a locksmith
Of Recovery Against Others To Us Condition: to gain entry into your covered"auto" subject to
We waive any right of recovery we may these provisions:
have against any person or organization to 1. Your door key, electronic key or key entry
the extent required of you by a written con- pad has been lost, stolen or locked in your
tract executed prior to any "accident" be- covered "auto" and you are unable to enter
cause of payments we make for damages such"auto",or
under this coverage form. 2. Your keyless entry device battery dies and
W. NOTICE OF AND KNOWLEDGE OF you are unable to enter such"auto"as a re-
OCCURRENCE sult,
SECTION IV—BUSINESS AUTO 3. Your key, electronic key or key entry pad
CONDITIONS, Paragraph A is amended as has been lost or stolen and you have
follows: changed the lock to prevent an unauthorized
6. NOTICE OF AND KNOWLEDGE OF entry;and
OCCURRENCE
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with its permission.
ACP BAG 30.0.7936590 LAxA 16323 INSURED COPY AC7005031600 0001 35 0008131
102527 Storm Drain Rehab Program
COMMERCIAL AUTO
AC 70 05 0316
4. Original copies of receipts for services of a If we cancel for any reason other than non-
locksmith must be provided before reim- payment of premium,we will mail or deliver
bursement is payable, to the First Named Insured written notice of
Z. CANCELLATION CONDITION cancellation at least 60 days before the ef-
fective date of cancellation. This provision
Paragraph A.2. of the COMMON POLICY does not apply In those states that require
CONDITION — CANCELLATION applies more than 60 days prior notice of cancella-
except as follows: tion.
AC 70 05 0316 Includes copyrighted material of Insurance Services Office,Inc., Page 7 of 7
with its permission
ACP BAG 30.0 7'936590 LAXA 16323 INSURED COPY AC7005031600 0001 35 0008132
102527 Storm Drain Rehab Program
COMMERCIAL GENERAL LIABILITY
CG 72 46 11 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS FOR OTHER
PARTIES WHEN REQUIRED IN WRITTEN
CONSTRUCTION AGREEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II — Who Is An Insured is amended to a. All work, including material, parts or
include as an additional insured: equipment furnished in connection with
Ongoing Operations such work, on the project (other than
1. Any person or organization for whom you are service, maintenance or repairs) to be
performing operations when you and such performed by or on behalf of the
person or organization have agreed in writing additional insured(s) at the location of the
in a contract or agreement that such person covered operations has been completed:
or organization be added as an additional or
insured on your policy;and b. that operation of "your work" out of which
2. Any other person or organization you are the injury or damage arises has been put
required to add as an additional insured to its intended use by any person or
q organization other than another
under the contract or agreement described in contractor or subcontractor engaged in
Paragraph 1. above. performing operations for a principal as a
Such person(s) or organization(s) is an additional part of the same project.
insured only with respect to liability for "bodily B. Section II — Who Is An Insured is amended to
injury", "property damage" or "personal and include as an additional insured:
advertising injury"caused, in whole or in part, by:
a. Your acts or omissions;or Products—Completed Operations
b. The acts or omissions of those acting on Any person or organization with whom you have
your behalf; agreed in writing in a contract or agreement that
such person or organization be added as an
in the performance of your ongoing operations for additional insured on your policy with respect to
the additional insured. liability for "bodily injury" or "property damage"
However, the insurance afforded to such caused, in whole or in part, by "your work"
additional insured described above: performed for such person or organization and
a. Only applies to the extent permitted by included in the "products-completed operations
law; and hazard".
b. Will not be broader than that which you However, the insurance afforded to such
are required by the contract or agreement additional insured described above:
to provide for such additional insured. a. Only applies to the extent permitted by
A person's or organization's status as an law; and
additional insured for ongoing operations ends b. Will not be broader than that which you
when your operations for the person or are required by the contract or agreement
organization described in Paragraph 1. above are to provide for such additional insured.
completed. C. With respect to the insurance afforded to these
With respect to insurance afforded to these additional insureds, this insurance does not apply
additional insureds for ongoing operations, this to "bodily injury", "property damage" or "personal
insurance does not apply to "bodily injury" or and advertising injury" arising out of the rendering
"property damage"occurring after:
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with its permission.
102527 Storm Drain Rehab Program
CG 72 4611 15
of, or the failure to render, any professional 2. Available under the applicable Limits of
architectural, engineering or surveying services, Insurance shown in the Declarations;
including: whichever is less.
1. The preparing, approving, or failing to prepare This endorsement shall not increase the
or approve, maps, shop drawings, opinions, applicable Limits of Insurance shown in the
reports, surveys, field orders, change orders Declarations.
or drawings and specifications;or E. With respect to the insurance afforded to these
2. Supervisory, inspection, architectural or additional insureds, the following is added to
engineering activities. Section IV — Commercial General Liability
This exclusion applies even if the claims against Conditions, Condition 4. Other Insurance and
any insured allege negligence or other supersedes any provision to the contrary:
wrongdoing in the supervision, hiring, Primary And Noncontributory Insurance
employment, training or monitoring of others by This insurance is primary to and will not seek
that insured, if the occurrence which caused the
"bodily injury" or "property damage", or the contribution from any other insurance
offense which caused the "personal and available vi an additional insured under your
advertising injury", involved the rendering of, or policy provided that:
the failure to render, any professional (1) The additional insured is a Named
architectural, engineering or surveying services. Insured under such other insurance;and
(2) You have agreed in writing in a contract
D. With respect to the insurance afforded to these or agreement that this insurance would
additional insureds, the following is added to be primary and would not seek
Section III—Limits Of Insurance: contribution from any other insurance
The most we will pay on behalf of the additional available to the additional insured.
insured is the amount of insurance:
1. Required by the contract or agreement
described in Paragraph A.1. or Paragraph B.;
or
All terms and conditions of this policy apply unless modified by this endorsement.
Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc. CG 72 46 11 15
with its permission.
102527 Storm Drain Rehab Program
COMMERCIAL GENERAL LIABILITY
CG73231214
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT
..ZLUDING MEDICAL PAYMENTS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
A. Lost Key Coverage "Loss"means unintentional damage or
1. Under Section I— Coverages, Coverage A destruction but does not include
Bodily Injury And Property Damage disappearance,theft, or loss of use.
Liability, coverage is extended to include C. Non-Owned Watercraft
the following: Under Section I — Coverages, Coverage A
If a customer's master or grand key, Bodily Injury And Property Damage Liability,
excluding electronic key card, is lost while in 2. Exclusions, exclusion g. Aircraft, Auto Or
your care, custody or control we will pay the Watercraft Paragraph(2)(a) is replaced with:
cost of replacing the keys, including the (a) Less than 51 feet long; and
master lock and all keys used in the same D. Expanded Property Damage Coverage
lock,the cost of adjusting locks to accept the
new keys, or the cost to replace the locks, 1. For the purposes of this endorsement only:
whichever is less. Section I — Coverages, Coverage A
2. Limit of Insurance - The most we will pay Bodily Injury And Property Damage
for"loss"arising out of any one "occurrence" Liability, 2. Exclusions, exclusion j.
is$ 10,000. Damage to Property is amended as follows:
3. Section V Definitions the following is a. Paragraphs .(3), (5), and (6) are deleted
added: in their entirety.
"Loss"means unintentional physical damage b. Paragraph (4) is deleted in its
or destruction to tangible property, including entirety and replaced with:
theft or disappearance. Tangible property (4) Personal property in the care
does not include money or securities. custody or control of the insured:
B. Voluntary Property Damage (a) for storage or sale at premises
1. Section I — Coverages, Coverage A Bodily you own, rent or occupy;or
Injury And Property Damage Liability, (b) while being transported by any
coverage is extended to include the following: aircraft, "auto" or watercraft
At your request, we will pay for "property owned or operated by or rented
damage" to property of others caused by you to or loaned to any insured.
and while in your possession, arising out of your c. The coverage provided by this
business operations and occurring during the endorsement does not apply to
policy period. "property damage":
2. Limit of Insurance-The most we will pay (1) Arising out of the disappearance or
for"loss"arising out of any one"occurrence" loss of use of personal property; or
is$1500. (2) Included in the "products-completed
3. For the purpose of this extended coverage operations hazard".
the following definition is added to Section
V—Definitions:
CG 73 2312 14 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 5
with its permission.
102527 Storm Drain Rehab Program
CG73231214
2. Limit of Insurance - The most we will pay F. Supplementary Payments
for "property damage" provided by this Under Section I — Coverages, Supplementary
coverage in any one"occurrence"is$5,000. Payments — Coverages A and B paragraphs
3. Deductible - Our obligation to pay for a 1.b and i.d. are replaced with:
covered loss applies only to the amount of b. Up to $2,500 for cost of bail bonds required
loss in excess of$250. because of accidents or traffic law violations
We will pay the deductible amount to effect arising out of the use of any vehicle to which
settlement of any claim or `suit" and, upon the Bodily Injury Liability Coverage applies.
notification of this action having been taken, We do not have to furnish these bonds.
you shall promptly reimburse us for the d. All reasonable expenses incurred by the
deductible as has been paid by us. insured at our request to assist us in the
This insurance is primary to any expanded investigation or defense of the claim or
property damage coverage provided by a "suit", including actual loss of earnings up to
separate endorsement attached to this $500 a day because of time off from work.
policy, and it will supplant any deductible in G. Newly Formed And Acquired Organizations
said endorsement Under SECTION II — WHO IS AN INSURED
E. Damage To Premises Rented To You paragraph 3.a. is replaced with:
1. Under Section 1— Coverages, Coverage A a. Coverage under this provision is afforded
Bodily Injury And Property Damage only until the 1801h day after you acquire or
Liability, the last paragraph of 2. form the organization or the end of the policy
Exclusions is replaced with: period, whichever is earlier;
If Damage to Premises Rented to You is H. Additional Insured — Automatic Status When
not otherwise excluded, exclusions c. Required In An Agreement Or Contract With
through n. do not apply to damage by fire, You
lightning, explosion, smoke or sprinkler Section II—Who Is An Insured is amended to:
leakage to premises while rented to you or 1. Any person(s) or organization(s)described
temporarily occupied by you with permission in Paragraph 2.below with whom you have
of the owner. agreed in writing in a contract or written
2. Under Section III — Limits Of Insurance, agreement that such person or organization
paragraph 6 is replaced with: be added as an additional insured on your
6. Subject to 5. above, the Damage To policy during the policy period shown in the
Premises Rented To You Limit is the Declarations.
most we will pay under Coverage A for 2. Any other person or organization you are
damages because of "property damage" required to add as an additional insured
to any one premises, while rented to under the contract or agreement described
you, or in the case of damage by fire, in Paragraph 1.above.
lightning, explosion, smoke or sprinkler
leakage, while rented to you or The person or organization added as an
temporarily occupied by you with insured by this endorsement is an insured
permission of the owner. The limit is only to the extent you are held liable due to:
increased to$300,000. a. Lessors of Leased Equipment — with
3. Under Section IV — Commercial General respect to their liability for"bodily injury",
Liability Conditions, 4. Other Insurance, b. "property damage", or "personal and
Excess Insurance (1) (a) (ii) is replaced advertising injury", caused in whole or in
with: part by your maintenance, operation or
use of equipment leased to you by such
(ii) That is Fire, Lightning, Explosion, Smoke person(s) or organization(s). This
or Sprinkler leakage insurance for insurance does not apply to any
premises rented to you or temporarily "occurrence"which takes place after the
occupied by you with permission of the equipment lease expires.
owner.
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102527 Storm Drain Rehab Program
CG 73 23 12 14
However, their status as additional However, such state or political
insured under this policy ends when subdivision's status as additional
their lease, contract or agreement with insured under this policy ends when the
you for such leased equipment expires. permit ends.
b. Managers or Lessors of Premises — d. Owners, Lessees, or Contractors —
with respect to liability arising out of the with respect to liability for"bodily injury",
ownership, maintenance or use of that "property damage"or "personal
part of the premises you own, rent, and advertising injury" caused, in whole
lease or occupy. or in part, by:
This insurance does not apply to: (1) Your acts or omissions;or
(1) Any "occurrence" which takes place (2) The acts or omissions of those
after you cease to be a tenant in acting on your behalf;
that premises. in the performance of your ongoing
(2) Structural alterations, new con- operations performed for that additional
struction or demolition operations insured, whether the work is performed
performed by or on behalf of the by you or on your behalf.
person or organization. The insurance does not apply to:
However, their status as additional (1) "Bodily injury", "property damage",
insured under this policy ends when you or "personal and advertising injury"
cease to be a tenant of such premises. arising out of the rendering of or the
c. State or Political Subdivision — failure to render any professional
Permits Relating to Premises — with architectural, engineering or survey
respect to the following hazards for services, including:
which the state or political subdivision (a) The preparing, approving, or
has issued a permit or authorization in failing to prepare or approve
connection with premises you own, rent maps, shop drawings, opinions,
or control and to which this insurance reports, survey, field orders,
applies. change orders or drawings and
(1) The existence, maintenance, repair, specifications:or
construction, erection, or removal of (b) Supervisory, inspection, archi-
advertising signs, awnings, tectural or engineering activities.
canopies, cellar entrances, coal This exclusion applies even if
holes, driveways, manholes, the claims against any insured
marquees, hoist away openings, allege negligence or other
sidewalk vaults, street banners, or wrongdoing in the supervision,
decorations and similar exposures; hiring, employment, training or
or monitoring of others by that
(2) The construction, erection, or insured, if the "occurrence"
removal of elevators;or which caused the "bodily injury"
(3) The ownership maintenance or use or "property damage", or the
of any elevators covered by this offense which caused the
insurance. "personal and advertising
This insurance does not apply to: injury", involved the rendering
of, or failure to render, any
(1) "Bodily injury" or "property damage" professional, architectural,
or "personal or advertising injury" engineering or surveying
arising out of operations performed services.
for the state or municipality; or (2) "Bodily injury" or "property damage"
(2) "Bodily injury" or "property damage" occurring after:
included within the "products-
completed operations hazard".
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with its permission.
102627 Storm Drain Rehab Program
CG73231214
(a) All work, including materials, I. Employee Bodily Injury To Another Employee
parts or equipment furnished in Under Section 11 — Who Is An Insured The
connection with such work, on following is added to paragraph 2.a.(1):
the project (other than service,
maintenance or repairs) to be Paragraphs 2.a.(1) (a), (b) and (c) do not apply
performed by or on behalf of the to "bodily injury" to a co-"employee" in the
additional insured(s) at the course of the co-"employee's" employment by
location of the covered you, or to "bodily injury" to a co-"volunteer
operations has been completed; worker" while performing duties related to the
or conduct of your business.
(b) That portion of "your work" out J. Broad Form Named Insured
of which the injury or damage Under Section II — Who Is An Insured The
arises has been put to its following is added to paragraph 2.:
intended use by any person or
organization other than another e. Any business entity incorporated or
contractor or subcontractor organized under the laws of the United State
engaged in performing of America (including any State thereof), its
operations for a principal as a territories or possessions or Canada
part of the same project. (including any Province thereof) in which the
However, a person or organization's status Named Insured shown in the Declarations
as additional insured under this policy ends owns, during the policy period, an interest of
when your operations for that additional more than fifty percent. If other valid
insured are completed. collectible insurance is available to any
However, the insurance afforded to such business entity covered by this solely by
additional insureds a.—d.described above: reason of ownership by the Named Insured
(a) Only applies to the extent permitted by shown in the Declarations in excess of fifty
law;and percent, this insurance is excess over the
other insurance, whether primary, excess,
(b) Will not be broader than that which you contingent,or on any other basis.
are required by the contract or K. Aggregate Limit Per Location
agreement to provide for such additional
insured. Under Section III — Limits Of Insurance the
3. Primary and Noncontributory — Other following is added to paragraph 2:
Insurance Conditions The General Aggregate Limit under Section III
The following is added to the Other Limits of Insurance applies separately to each
Insurance Condition and supersedes any of your locations owned by or rented to you or
provisions to the contrary: temporarily occupied by you with the permission
Primary and Noncontributory Insurance of the owner. For the purposes of this provision,
of location means premises involving the same or
This insurance is primary and will not connecting lots, or premises whose connection
seek contribution from any other insurance is interrupted only by a public street, roadway,
available to an additional insured under your policy provided that: waterway or railroad right-of-way.
(a) The additional insured is a Named L. Aggregate Limit Per Project
Insured under such other insurance; and Under Section III — Limits Of Insurance The
(b) You have agreed in writing in a contract following paragraph is added to paragraph 2:
or agreement that this insurance would The General Aggregate Limit under Section III
be primary and would not seek Limits of Insurance applies separately to each
contribution from any other insurance of your construction projects away from
available to the additional insured. premises owned by or rented to you.
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with its permission.
102527 Storm Drain Rehab Program
CG 7323 12 14
M. Medical Payments hazards or prior"occurrences" or offenses is
Under Section III — Limits Of Insurance, not intentional. This provision does not
paragraph 7.is replaced with: affect our right to collect additional premium
7. Subject to 5. above,the higher of: or exercise our right of cancellation or non-
renewal.
a. $10,000; or P. Waiver Of Subrogation
b. The amount shown in the Declarations Under Section IV — Commercial General
for Medical Expense Limit is the most Liability Conditions, S. Transfer of Rights of
we will pay under Coverage C for all Recovery Against Others to Us the following
medical expenses because of "bodily paragraph is added:
injury"sustained by one person.
This coverage does not apply if Coverage C If required by a written contract executed prior to
— Medical Payments is excluded either by loss, we waive any right of subrogation we may
the provisions of any coverage forms have against the contracting person or
attached to the policy or by endorsement. organization because of payments we make for
injury or damage arising out of your ongoing
N. Knowledge Of An Occurrence operations or "your work" done under a contract
Under Section IV — Commercial General with that person or organization and included in
Liability Conditions, The following is added to the"products-completed operations hazards".
2. Duties In The Event Of Occurrence, q. Liberalization
Offense,Claim Or Suit condition: Under Section IV — Commercial General
e. Knowledge of an occurrence, offense, claim Liability Conditions, 10. Liberalization the
or suit by an agent or employee of any following paragraph is added:
insured shall not in itself constitute If we revise this coverage form to provide more
knowledge of the insured unless you, a coverage without additional premium charge,
partner, if you are a partnership; or an your policy will automatically provide the
executive officer or insurance manager, if additional coverage as of the day the revision is
you are a corporation receives such notice effective in your state.
of an occurrence, offense, claim or suit from
R. Broadened Bodily Injury Definition (Mental
the agent or employee.
Anguish)
f. The requirements in paragraph b. will not
be considered breached unless there is Under Section V — Definitions definition 3. Is
knowledge of occurrence as outlined in replaced with:
paragraph e. above. 3. "Bodily injury' means physical injury,
O. Unintentional Failure To Disclose Hazard sickness or disease to a person and, if
Under Section IV — Commercial General arising out of the foregoing, mental anguish,
Liability Conditions, 6. Representations the mental injury, shock or humiliation, including
following paragraph is added: death at anytime resulting therefrom.
d. Your failure to disclose all hazards or prior
"occurrences" or offenses existing as of the
inception date of the policy shall not
prejudice the coverage afforded by this
policy provided such failure to disclose all
All terms and conditions of this policy apply unless modified by this endorsement.
CG 73 2312 14 Page 5 of 5
102527 Storm Drain Rehab Program
COMMERCIAL GENERAL LIABILITY
CG 8186 0319
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONSTRUCTIONGARDsm GENERAL LIABILITY
ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following is a summary of the additional coverages provided by this endorsement. For complete details on a
specific coverage, consult the endorsement contract language.
1. Additional Insureds
Various additional insured extensions
2. Aggregate Limit Per Project
3. Blanket Waiver of Subrogation
If required by written contract, insurer waives right of subrogation
4. Broad Form Named Insured
5. Broadened Definition of BI
Definition includes mental anguish
6. Broadened Liability Coverage for Damage to "Your Product"and "Your Work"
7. Contractual Liability—Railroads
_Expanded definition of"insured contract'
8. Contractual Liability for Personal and Advertising Injury
9. Damage to Premises Rented to You
Extends perils
Limit: $1,000,000
10. Electronic Data Liability
Limit: $100,000
11. Expected and Intended Injury
12. Incidental Medical Malpractice
13. Knowledge of Occurrence
14. Liberalization
15. Lost Key Coverage
Occurrence Limit: $10,000
16. Newly Formed and Acquired Organizations
180 days
17. Non-owned Aircraft
18. Non-owned Watercraft
Included for watercraft up to 51 ft
19. Supplementary Payments
Increased bail bonds limit to$5,000
Increased daily loss of earnings limit to$1,000 per day
20. Unintentional failure to Disclose Hazard
21. Non-duplication of Benefits
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with its permission.
102527 Storm Drain Rehab Program
CG81 86 03 19
1. Additional Insured — Automatic Status When granting the franchise or license
Required In An Agreement Or Contract With ends.
You d. Lessors of Leased Equipment —
SECTION II — WHO IS AN INSURED is with respect to their liability for
amended to include: "bodily injury", "property damage", or
1. Any person(s) or organization(s) whom you "personal and advertising injury",
are required to add as an additional caused in whole or in part by your
insured on this policy under a written maintenance, operation, or use of
contract or written agreement, provided the equipment leased to you by such
written contract or written agreement: person(s) or organization(s). This
insurance does not apply to any
(1) Is currently in effect or becomes "occurrence"which takes place after
effective during the term or this the equipment lease expires.
policy;and However, their status as additional
(2) Was executed prior to the "bodily insured under this policy ends when
injury," "property damage" or their lease, contract, or agreement
"personal and advertising injury" with you for such leased equipment
for which the additional insured expires.
seeks coverage. e. Lessor of Land — with respect to
The person or organization added as an liability arising out of the ownership,
additional insured by this endorsement is an maintenance or use of that specific
additional insured only with respect to liability part of the land leased to you and
for: subject to the following additional
1. "Bodily injury"or"property damage"or exclusions:
2. "Personal and advertising injury"; This insurance does not apply to:
due to: (1) Any "occurrence" which takes
a. Controlling Interest — with respect place after you cease to be a
to their liability arising out of: tenant in that premise;or
(1) Their financial control of you; or (2) Structural alterations, new
construction or demolition
(2) Premises they own, maintain or operations performed by or on
control while you lease or behalf of such additional
occupy these premises. insured.
This insurance does not apply to However, their status as additional
structural alterations, new insured under this policy ends when
construction and demolition you cease to be a tenant of such
operations performed by or for such premises.
additional insured.
f. Managers or Lessors of Premises
b. Co-owner of Insured Premises — — with respect to liability arising out
with respect to the co-owner's of the ownership, maintenance, or
liability as a co-owner of such use of that part of the premises you
premises. own, rent, lease,or occupy.
c. Grantor of Franchise or License This insurance does not apply to:
Any person or organization that has (1) Any"occurrence"which takes
granted you a franchise or license place after you cease to be a
by written contract or agreement is tenant in that premises;or
an additional insured, but only with
respect to their liability as a grantor (2) Structural alterations, new con-
of afranchise or license to you. struction, or demolition
operations performed by or on
However, their status as additional
the person or
insured under this policy ends when behalf
their contract or agreement with you organization.
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102527 Storm Drain Rehab Program
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However, their status as additional This exclusion applies even
insured under this policy ends when if the claims against any
you cease to be a tenant of such insured allege negligence
premises. or other wrongdoing in the
g. Mortgagee, Assignee or Receiver supervision, hiring,
— with respect to their liability as employment, training or
mortgagee, assignee, or receiver monitoring of others by that
and arising out of the ownership, insured, if the "occurrence"
maintenance, or use of a premise which caused the "bodily
by you. This insurance does not injury" or "property
apply to structural alterations, new damage", or the offense
construction or demolition which caused the "personal
operations performed by or on and advertising injury",
behalf of such additional insured. involved the rendering of, or
h. Owners, Lessees, or Contractors failure to render, anyprofessional, architectural,
— with respect to liability for "bodily
injury", "property damage", or engineering, or surveying
"personal and advertising injury"
services.
caused in whole or in part, by: i. State or Political Subdivision —
Permits Relating to Premises —
(1) Your acts or omissions;or with respect to the following
(2) The acts or omissions of those hazards for which the state or
acting on your behalf, in the political subdivision has issued a
performance of your ongoing permit or authorization in
operations performed for that connection with premises you own,
additional insured, whether the rent, or control and to which this
work is performed by you or on insurance applies.
your behalf;or (1) The existence, maintenance,
(3) "Your work" performed for that repair, construction, erection, or
additional insured and included removal of advertising, signs,
in the "products-completed awnings, canopies, cellar
operations hazard." entrances, coal holes, drive-
The insurance does not apply ways, manholes, marquees,
to: hoist away openings, sidewalk
(a) "Bodily injury', "property vaults, street banners, or
damage", or "personal and decorations and similar
advertising injury" arising exposures;or
out of the rendering of or the (2) The construction, erection, or
failure to render any removal of elevators;or
professional architectural, (3) The ownership maintenance or
engineering, or survey use of any elevators covered by
services, including: this insurance.
(i) The preparing, approv- This insurance does not apply to:
ing, or failing to prepare (1) "Bodily injury" or "property
or approve maps, shop damage" or "personal or
drawings, opinions, advertising injury' arising out of
reports, survey, field operations performed for the
orders, change orders, state or municipality;or
or drawings and
specifications;or (2) "Bodily injury" or "property
(ii) Supervisory, inspection, damage" included within the
architectural or eon "products-completed operations
hazard".
neering activities.
CG 8186 0319 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7
with its permission.
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CG 81 86 0319
However, such state or political Named Insured shown in the Declarations
subdivision's status as additional owns, during the policy period, an interest of
insured under this policy ends when more than fifty percent. If other valid
the permit ends. collectible insurance is available to any
This endorsement shall not increase business entity covered by this solely by
the applicable Limits of Insurance reason of ownership by the Named Insured
shown in the Declarations. shown in the Declarations in excess of fifty
The insurance afforded to such percent, this insurance is excess over the
additional insureds described in a.- i. other insurance, whether primary, excess,
above: contingent,or on any other basis.
(1) Only applies to the extent 5. Broadened Bodily Injury Definition (Mental
permitted by law; and Anguish)
(2) Will not be broader than any Under SECTION V—DEFINITIONS, Definition 3.
coverage requirement in a "Bodily Injury"is replaced with:
contract or agreement to provide 3. "Bodily injury" means physical injury,
for such additional insured. sickness, or disease to a person and if
2. Aggregate Limit Per Project arising out of the foregoing, mental
anguish, mental injury, shock, or
Under SECTION III — LIMITS OF INSURANCE, humiliation, including death at any time
the following paragraph is added to Paragraph 2: resulting therefrom.
The General Aggregate Limit under SECTION III 6. Broadened Liability Coverage for Damage to
LIMITS OF INSURANCE applies separately to "Your Product" and "Your Work" Under
each of your construction projects away from SECTION I — COVERAGES, COVERAGE A
premises owned by or rented to you. BODILY INJURY AND PROPERTY DAMAGE
3. Blanket Waiver Of Subrogation LIABILITY, Paragraph 2. Exclusions is
Under SECTION IV — COMMERCIAL amended to delete exclusions k. and 1. and
GENERAL LIABILITY CONDITIONS, 8. replace them with the following:
Transfer Of Rights Of Recovery Against This insurance does not apply to:
Others To Us,the following is added: k. Damage to Your Product
We waive any right of recovery we may have "Property damage" to "your product" arising
against any person or organization because of out of it or any part of it except when
payments we make for injury or damage arising caused by or resulting from:
out of: (1) Fire;
a. Your ongoing operations;or (2) Smoke;
b. "Your work" included in the "products (3) Collapse; or
completed operations hazard."
However, this waiver applies only when you have (4) Explosion.
agreed in writing to waive such rights of recovery I. Damage to Your Work
in a contract or agreement, and only if the "Property damage" to "your work" arising
contract or agreement: out of it or any part of it and included in the
a. Is in effect or becomes effective during the "products-completed operations hazard".
term or this policy;and This exclusion does not apply:
b. Was executed prior to loss. (1) If the damaged work or the work out of
4. Broad Form Named Insured which the damage arises was
Under SECTION II—WHO IS AN INSURED,the performed on your behalf by a
following is added to Paragraph 2: subcontractor; or
e. Any business entity incorporated or (2) If the cause of loss to the damaged
organized under the laws of the United State work arises as a result of:
of America (including any State thereof), its (a) Fire;
territories or possessions, or Canada (b) Smoke;
(including any Province thereof) in which the
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102527 Storm Drain Rehab Program
CG 8186 0319
(c) Collapse; or "property damage"to any one premises,
(d) Explosion. while rented to you, or in the case of
Under SECTION III—LIMITS OF INSURANCE, damage by fire, lightning, explosion,
smoke or sprinkler leakage, while rented
the following paragraph is added: to you or temporarily occupied by you
Subject to 6. above, $100,000 is the most we with permission of the owner.The limit is
will pay under Coverage A for the sum of increased to$1,000,000.
damages arising out of any one "occurrence" c. Under SECTION IV — COMMERCIAL
because of "property damage"to"your product' GENERAL LIABILITY CONDITIONS, 4.
and "your work" that is caused by fire, smoke, Other Insurance, b. Excess Insurance (1)
collapse or explosion and is included within the (a)(ii) is replaced with:
"product-completed operations hazard". This
sublimit does not apply to "property damage"to (ii) That is Fire, Lightning, Explosion,
"your work" if the damaged work or the work Smoke or Sprinkler leakage insurance
out of which the damage arises was performed for premises rented to you or temporarily
on your behalf by a subcontractor. occupied by you with permission of the
7. Contractual Liability—Railroads owner;
a. Under SECTION V — DEFINTIONS, the 10. Electronic Data Liability
following replaces Paragraph c. of a. Under SECTION I — COVERAGES,
definition 9. "Insured Contract': COVERAGE A — BODILY INJURY AND
c. Any easement or license agreement; PROPERTY DAMAGE, Paragraph 2.
Exclusions is amended to delete exclusion
b. Under SECTION V —DEFINITIONS, p. Electronic Data and replace it with the
Paragraph f.(1) of definition 9. "Insured following:
Contract' is deleted. This insurance does not apply to:
8. Contractual Liability for Personal and p, Electronic Data
Advertising Injury Under SECTION I —
COVERAGES, COVERAGE B — PERSONAL Damages arising out of the loss of, loss
AND ADVERTISING INJURY LIABILITY, of use of, damage to, corruption of,
Paragraph 2. Exclusions is amended to delete inability to access, or inability to
exclusion e. Contractual Liability. manipulate "electronic data" that does
This provision 8. does not apply to any person not result from physical injury to
tangible property.
or organization who otherwise qualifies as an
additional insured on this Coverage Part. However, this exclusion does not apply
to liability for damages because of
9. Damage to Premises Rented to You "bodily injury."
a. Under SECTION I — COVERAGES, b. Under SECTION III — LIMITS OF
COVERAGE A — BODILY INJURY AND INSURANCE, the following paragraph is
PROPERTY DAMAGE LIABILITY, the last added:
paragraph of 2. Exclusions is replaced with: Subject to paragraph 5. above, $100,000 is
If Damage To Premises Rented To You is the most we will pay under Coverage A for
not otherwise excluded, Exclusions c. all damages arising out of any one
through n. do not apply to damage by fire, "occurrence" because of"property damage"
lightning, explosion, smoke, or sprinkler that results from physical injury to tangible
leakage to premises while rented to you or property and arises out of"electronic data".
temporarily occupied by you with permission c. Under SECTION V — DEFINITIONS, the
of the owner. following definition is added:
b. Under SECTION III — LIMITS OF "Electronic data" means information, facts
INSURANCE, Paragraph 6. is replaced with: or programs stored as or on, created or
6. Subject to Paragraph 5. above, the used on, or transmitted to or from computer
Damage To Premises Rented To You software, including systems and
Limit is the most we will pay under applications software, hard or floppy disks,
Coverage A for damages because of CD-ROMS, tapes, drives, cells, data
processing devices or any other media
CG 8186 0319 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7
with its permission.
102527 Storm Drain Rehab Program
CG 81 86 0319
which are used with electronically 12. Incidental Medical Malpractice Liability
controlled equipment. a. Under SECTION II—WHO IS AN INSURED,
d. Under SECTION V — DEFINITIONS, the Paragraph 2.a.(1)d. does not apply to
definition of "property damage" is replaced nurses, emergency medical technicians or
by the following for the purposes of the paramedics employed by you arising out of
coverage provided by this endorsement his or her providing or failing to provide
only: professional health care services, but only if
17. "Property damage" means: such healthcare services are within the
a. Physical injury to tangible property, scope of their employment by you or are
including all resulting loss of use of related to or arise out of the conduct of your
that property. All such loss of use business.
shall be deemed to occur at the b. This coverage does not apply if you are
time of the physical injury that engaged in the business or occupation of
caused it; providing professional health care services.
b. Loss of use of tangible property 13. Knowledge Of An Occurrence
that is not physically injured. All Under SECTION IV — COMMERCIAL
such loss of use shall be deemed GENERAL LIABILITY CONDITIONS, the
to occur at the time of the following is added to 2. Duties In The Event Of
"occurrence"that caused it; or Occurrence,Offense, Claim Or Suit:
c. Loss of, loss of use of, damage to, e. Knowledge of an occurrence, offense, claim
corruption of, inability to access, or or suit by an agent or employee of any
inability to properly manipulate insured shall not in itself constitute
"electronic data," resulting from knowledge of the insured unless you, a
physical injury to tangible property. partner, if you are a partnership; or an
All such loss of "electronic data" executive officer or insurance manager, if
shall be deemed to occur at the you are a corporation receives such notice of
time of the "occurrence" that an occurrence, offense, claim or suit from
caused it. the agent or employee.
For the purposes of this insurance, f. The requirements in Paragraph b. will not be
"electronic data" is not tangible considered breached unless there is
property. knowledge of occurrence as outlined in
e. If Electronic Data Liability is provided at a Paragraph e. above.
higher limit by another endorsement 14. Liberalization
attached to this policy, then the $100,000 If we revise this endorsement to provide more
limit provided by this Provision 10. coverage without additional premium charge, we
Electronic Data Liability is part of, and not will automatically provide the additional coverage
in addition to, that higher limit. to all endorsement holders as of the day the
11. Expected or Intended Injury revision is effective in your state.
Under SECTION I — COVERAGES, 15. Lost Key Coverage
COVERAGE A — BODILIY INJURY AND a. Under SECTION I — COVERAGES,
PROPERTY DAMAGE LIABILITY, Exclusion a. COVERAGE A BODILY INJURY AND
is replaced by the following: PROPERTY DAMAGE LIABILITY,
a. Expected Or Intended Injury coverage is extended to include the
"Bodily injury" or "property damage" following:
expected or intended from the standpoint of If a customer's master or grand key,
the insured. excluding electronic key card, is lost,
This exclusion does not apply to "bodily damaged or stolen while in your care,
injury" or "property damage" resulting from custody or control we will pay the cost of
the use of reasonable force to protect replacing the keys, including the master lock
persons or property. and all keys used in the same lock, the cost
of adjusting locks to accept the new keys, or
the cost to replace the locks, whichever is
less.
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with its permission.
102527 Storm Drain Rehab Program
CG 8186 0319
b. Limit of Insurance—For the purpose of this the following:
coverage the most we will pay is $ 10,000 (2) A watercraft you do not own that is:
per'occurrence".
16. Newly Formed And Acquired Organizations (a) Less than 51 feet long;and
(b) Not being used by the insured to
a. Under SECTION II—WHO IS AN INSURED, carry persons or property for a
in paragraph 3.a., 90th day is changed to charge.
180th day. 19. Supplementary Payments
b. This provision does not apply if coverage for Under SECTION 1 — COVERAGES,
newly formed or acquired organizations is SUPPLEMENTARY PAYMENTS
excluded either by the provisions of the COVERAGES A AND B Paragraphs i.b and
Commercial General Liability Coverage 1.d. are replaced with:
Form or by any applicable endorsement. p
17. Non-Owned Aircraft b. Up to $5,000 for cost of bail bonds required
Under SECTION I — COVERAGES, because of accidents or traffic law violations
arising out of the use of any vehicle to which
COVERAGE A — BODILY INJURY AND the Bodily Injury Liability Coverage applies.
PROPERTY DAMAGE LIABILITY, Exclusion We do not have to furnish these bonds.
g. does not apply to an aircraft provided: d. All reasonable expenses incurred by the
a. It is hired, chartered or loaned with a paid insured at our request to assist us in the
crew; investigation or defense of the claim or
b. It is not owned by an insured; "suit", including actual loss of earnings up to
c. The pilot in command holds a currently $1,000 a day because of time off from work.
effective license for the particular aircraft 20. Unintentional Failure To Disclose Hazard
being flown, issued by the duly constituted Under SECTION IV — COMMERCIAL
authority of the United States of America GENERAL LIABILITY CONDITIONS,
or Canada, designating her or him a Condition 6. Representations the following
commercial airline pilot; and paragraph is added:
d It is not being used by the insured to carry d. Your failure to disclose all hazards or prior
persons or property for a charge. "occurrences" or offenses existing as of the
The following is added to SECTION IV, inception date of the policy shall not
COMMERCIAL GENERAL LIABILITY prejudice the coverage afforded by this
CONDITIONS, Condition 4. Other Insurance, policy provided such failure to disclose all
paragraph b. Excess Insurance: hazards or prior"occurrences" or offenses is
This Non-Owned Aircraft insurance is excess not intentional. This provision does not affect
over any other valid and collectible insurance our right to collect additional premium or
whether primary, excess (other than insurance exercise our right of cancellation or non-
written to apply specifically in excess of this renewal.
policy), contingent or any other basis that 21. Non-Duplication of Benefits
would also apply to loss covered under this No one will be entitled to receive duplicate
provision. payments for the same elements of loss under
18. Non-Owned Watercraft any of the coverages provided by the
Under SECTION I — COVERAGES, Commercial General Liability Coverage form,
COVERAGE A — BODILY INJURY AND this endorsement, or any other applicable
PROPERTY DAMAGE LIABILITY, Paragraph endorsement.
(2)of Exclusion g. is deleted and replaced with
All terms and conditions of this policy apply unless modified by this endorsement.
CG 81 86 0319 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7
with its permission.
102527 Storm Drain Rehab Program
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Not applicable in KY or NJ.
Schedule
Where required by contract or written agreement prior to loss and allowed
by law.
In the states of AL, AR, CO, GA, ID, MS, NC,OK, PA, SC the premium charge
is 2.0% of the total manual premium, subject to a minimum premium of$100
per policy.
In the states of CT, FL, IA the premium charge is 1.0% of the total manual
premium, subject to a minimum premium of$250 per policy.
In the state of LA,the premium charge is 2% of the total standard
premium, subject to a minimum premium of$250 per policy.
In the states of NY&TN the premium charge is 2.0%of the total manual
premium, subject to a minimum premium of$250 per policy.
In the state of VA the premium charge is 5.0% of the total manual premium,
subject to a minimum premium of$250 per policy.
Issued by Liberty Mutual Fire Insurance Companyl6586
For attachment to Policy No. WCCZ91467100011 Effective Date 04/01/2021 Premium$
Issued to Neel-Schaffer,Inc.
WC 00 0313 01983 National Council on Compensation Insurance. Page 1 of 1
Ed.04/01/1984
102527 Storm Drain Rehab Program
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/08/21 M&C FILE NUMBER: M&C 21-0399
LOG NAME: 20SWM NEEL-SCHAFFER DRAINAGE PIPE REHABILITATION DESIGN
SUBJECT
(ALL)Authorize Execution of an Engineering Agreement with Neel-Schaffer, Inc. in an Amount Not
to Exceed $300,000.00 for Storm Drain Pipe Rehabilitation Projects Citywide
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an engineering agreement with
Neel-Schaffer, Inc. in an amount not to exceed $300,000.00 for the citywide Storm Drain Pipe
Rehabilitation programmable project (City Project No. P00114).
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to provide for task-ordered
engineering services to develop and design various citywide drainage pipe rehabilitation projects
that will be needed from time to time. These projects may involve open-cut or trenchless
rehabilitation of pipes. This contract is a tool to respond to small, yet high priority pipe rehabilitation
development and design needs throughout the City identified by staff. These rehabilitation projects
will be used to pro-actively prevent pipe failures or sinkholes which could threaten public safety or
nearby infrastructure.
In May 2018, the Transportation and Public Works Department(TPW), Stormwater Management
Division, published a request for qualifications (RFQ) for various engineering consulting services,
including project development and design. Based on the results of the RFQ, Neel-Schaffer, Inc. was
selected as the most qualified consultant to perform these services. Individual task orders will be
issued for each project. The cost of each task order will be based on the actual hours worked at
the agreed-upon hourly rates. The total cost of all task orders performed will not exceed
$300,000.00. Staff considers the proposed hourly rates to be fair and reasonable for the size and
complexity of the contemplated projects. The contract duration shall not exceed five years. The
2020 Stormwater Revenue bonds will be the primary funding source for these projects.
Office of Business Equity- Neel-Schaffer, Inc. is in compliance with the City's Business Equity
Ordinance by committing to 12% Business Equity participation on this project. The City's Business
Equity goal on this project is 12%.
These projects are located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the Stormwater Capital Projects Fund and Storm Water Rev Bonds 2020 Fund for
future identified task order projects related to the Stormdrain Pipe Rehab programmable project to
102527 Storm Drain Rehab Program
support the approval of the above recommendation and execution of the engineering agreement.
Prior to any expenditure being incurred, the Transportation and Public Works Department has the
responsibility to validate the availability of funds.
Submitted for City Manager's Office by; Dana Burghdoff 8018
Originating Business Unit Head: William Johnson 7801
Additional Information Contact: Linda Young 2485
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