HomeMy WebLinkAboutContract 57834CSC No. 57834
Article IV
Obligations of the Engineer
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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.
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.
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 Forest Park Boulevard at 10"' Street Traffic Signal Design
Standard Agreement for Engineering Related Design Services 103997
Revised Date: November 23, 2021
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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.
Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the contract documents and any health or safety precautions
required by such construction work. The ENGINEER and its personnel have
no authority to exercise any control over any construction contractor or other
entity or their employees in connection with their work or any health or safety
precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that
the PROJECT, when completed, will be in accordance with the contract
documents, nor shall anything in the contract documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on-site observation(s) of a
deviation from the contract documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the contract documents.
City of Fort Worth, Texas Forest Park Boulevard at 10"' Street Traffic Signal Design
Standard Agreement for Engineering Related Design Services 103997
Revised Date: November 23, 2021
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Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that
the CITY's actual PROJECT costs, financial aspects, economic
feasibility, or schedules will not vary from the ENGINEER's opinions,
analyses, projections, or estimates.
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.
Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
City of Fort Worth, Texas Forest Park Boulevard at 10"' Street Traffic Signal Design
Standard Agreement for Engineering Related Design Services 103997
Revised Date: November 23, 2021
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Business Equity Participation
City has goals for the full and equitable participation of minority business
and/or women business enterprises in City contracts greater than
$100,000. In accordance with the City's Business Equity Ordinance No.
25165-10-2021 (replacing 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.
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
City of Fort Worth, Texas Forest Park Boulevard at 10"' Street Traffic Signal Design
Standard Agreement for Engineering Related Design Services 103997
Revised Date: November 23, 2021
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effect as of the time copying is performed.
K. INSURANCE
Engineer shall not commence work under this Agreement until it has
obtained all insurance required under Attachment F and City has approved
such insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY. The doctrine
of respondeat superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this
Agreement which the ENGINEER could not have been reasonably aware of,
the ENGINEER shall notify the CITY of such changes and an adjustment in
compensation will be made through an amendment to this AGREEMENT.
City of Fort Worth, Texas Forest Park Boulevard at 10"' Street Traffic Signal Design
Standard Agreement for Engineering Related Design Services 103997
Revised Date: November 23, 2021
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Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
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City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
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.
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.
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.
Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
City of Fort Worth, Texas Forest Park Boulevard at 10"' Street Traffic Signal Design
Standard Agreement for Engineering Related Design Services 103997
Revised Date: November 23, 2021
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F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of such
materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at the construction site,
and provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering services
performed. Only the CITY will be the beneficiary of any
undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
City of Fort Worth, Texas Forest Park Boulevard at 10"' Street Traffic Signal Design
Standard Agreement for Engineering Related Design Services 103997
Revised Date: November 23, 2021
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Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
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
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Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
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.
Force Majeure
CITY and ENGINEER shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but shall
not be held liable for any delay or omission in performance due to force
majeure or other causes beyond their reasonable control, including, but not
limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters,
epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
City of Fort Worth, Texas Forest Park Boulevard at 10"' Street Traffic Signal Design
Standard Agreement for Engineering Related Design Services 103997
Revised Date: November 23, 2021
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D. Termination
(1) This AGREEMENT may be terminated
a.) by the City for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperFormance within 5 days' written notice or thereafter fails to
diligently complete the correction.
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F.
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.
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.
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
City of Fort Worth, Texas Forest Park Boulevard at 10"' Street Traffic Signal Design
Standard Agreement for Engineering Related Design Services 103997
Revised Date: November 23, 2021
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property infringement, or failure to pay a subcontractor or supplier. CITY
is entitled to recover its reasonable attorney's fees in proportion to the
ENGINEER's liability.
G. Assignment
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ENGINEER shall not assign all or any part of this AGREEMENT without the
prior written consent of CITY.
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.
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.
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.
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.
City of Fort Worth, Texas Forest Park Boulevard at 10"' Street Traffic Signal Design
Standard Agreement for Engineering Related Design Services 103997
Revised Date: November 23, 2021
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The failure of CITY or ENGINEER to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted herein
shall not constitute a waiver of CITY's or ENGINEER's respective right to
insist upon appropriate perFormance or to assert any such right on any
future occasion.
L. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its
employees who perForm work under this Agreement, including completing
the Employment Eligibility Verification Form (I-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all I-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will be
performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD
CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the right
to immediately terminate this Agreement for violations of this provision by
ENGINEER.
M. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER unless a sole proprietor, acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or
more full time-employees and the contract value is $100,000 or more, the
City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company"
shall have the meanings ascribed to those terms in Section 808.001 of the
Texas Government Code. By signing this contract, ENGINEER certifies
that ENGINEER'S signature provides written verification to the City
that if Chapter 2271, Texas Government Code applies, ENGINEER: (1)
does not boycott Israel; and (2) will not boycott Israel during the term
of the contract.
N. Prohibition on Boycotting Energy Companies
City of Fort Worth, Texas Forest Park Boulevard at 10"' Street Traffic Signal Design
Standard Agreement for Engineering Related Design Services 103997
Revised Date: November 23, 2021
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ENGINEER acknowledges that in accordance with Chapter 2274 of the
Texas Government Code-(as added by Acts 2021, 87th Leg., R.S., S.B. 13,
§ 2), the CITY is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more, which will be paid wholly or
partly from public funds of the City, with a company (with 10 or more full-
time employees) unless the contract contains a written verification from the
company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms
"boycott energy company" and "company" have the meaning ascribed to
those terms by Chapter 2274 of the Texas Government Code (as added by
Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274
of the Government Code is applicable to this Agreement, by signing
this Agreement, ENGINEER certifies that ENGINEER's signature
provides written verification to the CITY that ENGINEER: (1) does not
boycott energy companies; and (2) will not boycott energy companies
during the term of this Agreement.
O. Prohibition on Discrimination Against Firearm and Ammunition
Industries
ENGINEER acknowledges that except as otherwise provided by Chapter
2274 of the Texas Government Code (as added by Acts 2021, 87th Leg.,
R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more which will be paid
wholly or partly from public funds of the City, with a company (with 10 or
more full-time employees) unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract
against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the
meaning ascribed to those terms by Chapter 2274 of the Texas Government
Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent
that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, ENGINEER certifies that
ENGINEER's signature provides written verification to the CITY that
ENGINEER: (1) does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association;
and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
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
City of Fort Worth, Texas Forest Park Boulevard at 10"' Street Traffic Signal Design
Standard Agreement for Engineering Related Design Services 103997
Revised Date: November 23, 2021
Page 13 of 15
DBlack (Jul 14, 2022 12:50 CDT)
Dana Burghdoff (Jul 14, 2022 15:04 CDT)
Dana Burghdoff
Jul 14, 2022
Jannette S. Goodall (Jul 14, 2022 16:05 CDT)
Jannette S. Goodall
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.
Mark McCoy
Project Manager
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: November 23, 2021
Page 15 of 15
Forest Park Boulevard at 10th Street Traffic Signal Design
103997
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07.23.2012
Page 1 of 25
ATTACHMENT “A”
Scope for Engineering Design Related Services for Intersection Improvements
The scope set forth herein defines the work to be performed by the ENGINEER in
completing the project. Both the CITY and ENGINEER have attempted to clearly define the
work to be performed and address the needs of the Project.
OBJECTIVE
The objective of the Forest Park Boulevard at W 10th Street Intersection Project is project
is to improve capacity of intersection by designing/constructing a traffic signal.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Conceptual Design (30%)
Task 3. Preliminary Design (60%)
Task 4. Final Design (90% and 100%)
Task 5. Bid Phase Services
Task 6. Construction Phase Services
Task 7. ROW/Easement Services
Task 8. Survey and Subsurface Utility Engineering Services
Task 9. Permitting
Task 10. Quality Control/ Quality Assurance
Forest Park Boulevard at 10th Street Traffic Signal Design
103997
City of Fort Worth, Texas Page 2 of 25
Attachment A
PMO Release Date: 02.06.2015
Page 2 of 25
TASK 1. DESIGN MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of ENGINEER’s and CITY’s time and resources. ENGINEER will manage change,
communicate effectively, coordinate internally and externally as needed, and proactively
address issues with the CITY’s Project Manager and others as necessary to make progress
on the work.
1.1. Managing the Team:
•Lead, manage and direct design team activities
•Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance
of the work. Refer to Task 10 for further details.
•Communicate internally among team members
•Task and allocate team resources
1.2. Communications and Reporting:
•Attend a pre-design project kickoff/charter meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional
designs that meet CITY requirements
•Attend two (2) field meetings with CITY representatives, including Traffic
Management, prior to the 30% and 90% submittals.
•Conduct and document monthly project update meetings with CITY Project
Manager
•Conduct review meetings with the CITY at the end of each design phase
•Conduct and document biweekly design team meetings
•Conduct QC/QA reviews and document those activities. Refer to Task 10 for
further details
•Prepare invoices, in accordance with Attachment B to this Standard Agreement
and submit monthly in the format requested by the CITY.
•Prepare and submit monthly Project Status Reports in the format provided by the
respective Transportation and Public Works Department.
•Prepare and submit baseline Project Schedule initially, and Project Schedule
updates with a schedule narrative monthly, as required in Attachment D to this
Standard Agreement in compliance with the City’s Specification 00 31 15 entitled
Engineer Project Schedule. This PROJECT requires a Tier 3 schedule as
defined in the City’s Specification 00 31 15 entitled Engineer Project Schedule.
•Prepare and submit a preliminary Project Risk Register, preliminary Stakeholder
Register, and preliminary Project Communications Plan. CITY to modify and
finalize.
•Complete Monthly M/WBE Report Form and Final Summary Payment Report
Form at the end of the project
City of Fort Worth, Texas Page 3 of 25
Attachment A
PMO Release Date: 02.06.2015
Page 3 of 25
•Coordinate with other agencies and entities as necessary for the design of the
proposed infrastructure, and provide and obtain information needed to prepare
the design
•With respect to coordination with permitting authorities, ENGINEER shall
communicate with permitting authorities such that their regulatory requirements
are appropriately reflected in the designs. ENGINEER shall work with regulatory
authorities to obtain approval of the designs, and make changes necessary to
meet their requirements, as part of the design scope.
•Personnel and Vehicle Identification: When conducting site visits to the project
location, the ENGINEER or any of its sub-consultants shall carry readily visible
information identifying the name of the company and the company
representative.
ASSUMPTIONS
•One (1) pre-design project kickoff/chartering meeting
•Two (2) field review meetings
•Six (6) monthly project update meetings during design phase
•Two (2) plan review meetings
•Eight (8) biweekly design team meetings
•All submittals to the City will be Quality checked prior to submission.
•Project design phase is anticipated to take Six (6) months.
•Project construction phase is anticipated to take Nine (9) months.
•Four (4) monthly updates of Project Status Reports, MWBE forms, TPBE, Risk
Register, and project Schedule.
DELIVERABLES
A.Meeting summaries with action items
B.QC/QA documentation
C.Baseline design schedule
D.Preliminary Project Risk Register, preliminary Stakeholder Register, and
preliminary Project Communications Plan
E.Monthly Schedule updates with schedule narrative describing any current or
anticipated schedule changes
F.Monthly Project Status Reports
G.Monthly TPBE spreadsheet updates
H.Monthly Project Risk Register updates
I.Plan Submittal Checklists (See Task 10)
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J.Monthly invoices
K.Monthly M/WBE Report Form and Final Summary Payment Report Form
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TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
The Conceptual Design shall be submitted to CITY per the approved Project Schedule.
The purpose of the conceptual design is for the ENGINEER to identify, develop,
communicate through the defined deliverables, and recommend the design concept that
successfully addresses the design problem, and to obtain the CITY’s endorsement of this
concept.
ENGINEER will develop the conceptual design of the infrastructure as follows.
2.1. Data Collection
•Traffic Count Data: Microsoft Excel spreadsheet of Raw 24-hour and Turning
Movement Count data gathered at 15-minute intervals at a minimum on all raw
data collected. Provide Daily Summaries by Approach and Peak-Period
Summaries by Approach. Spreadsheet shall be uploaded to the Document
Management folder ‘TPW Traffic Count Data’ (currently BIM 360)
•In addition to data obtained from the CITY, ENGINEER will research and make
efforts to obtain pertinent information to aid in coordination of the proposed
improvements with any planned future improvements that may influence the
project. ENGINEER will also identify and seek to obtain data for existing
conditions that may impact the project including; utilities, agencies (TxDOT and
railroads), City Master Plans, and property ownership as available from the Tax
Assessor's office.
•The ENGINEER shall schedule and attend a project site visit with the CITY
Project Manager to walk the project prior to submitting the 30% Conceptual
Design. The ENGINEER shall summarize the CITY’s comments from the field
visit and submit this information to the CITY in writing.
•The ENGINEER will consult with the CITY’s Transportation and Public Works
Department, Water Department, and other CITY departments, public utilities,
private utilities, private utilities and government agencies to determine the
approximate location of above and underground utilities, and other facilities
(current and future) that have an impact or influence on the project.
•The data collection efforts will also include conducting special coordination
meetings with affected property owners and businesses as necessary to develop
sewer re-routing plans.
2.2. Subsurface Utility Engineering
Provide Subsurface Utility Engineering (SUE) per Task 8.
2.3. Utility Clearance
•ENGINEER will develop the design of CITY facilities to avoid or minimize
conflicts with existing utilities, and where known and possible consider potential
future utilities in designs. Where conflicts cannot be avoided, coordination of
Utility Conflicts will begin at the Conceptual Design phase.
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•In the case of a public utility conflict, the ENGINEER will design CITY facilities to
avoid or minimize conflicts with existing utilities, and where known and possible
consider potential future utilities in designs.
•In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of
plans with the utility conflicts highlighted and a Utility Conflicts Table of those
conflicts to be included in a Utility Clearance Letter for coordination. The
ENGINEER may need to coordination directly with the private utility provider if
that provider needs to undertake design to adjust their utility’s location.
•The ENGINEER shall upload a PDF file of the approved preliminary plan set to
the designated project folder in the City’s document management system (BIM
360)for forwarding to all utility companies which have facilities within the limits of
the project. The PDF file should be created directly from the CAD files.
2.4 The Conceptual Design Package shall include the following: Preliminary cover and
index of sheets including project limits, area location map and beginning and end
station limits.
•Quantity Summary page and each design sheet shall include a quantity take off
table.
•Traffic Engineering study to support the recommended design alternative such as
Intersection Control Evaluation Report (ICE), corridor analysis study or
alignment/feasibility study.
•Conceptual Design Report (Arterials)
•Conceptual iSWM Checklist in accordance with the current CITY iSWM Criteria
Manual for Site Development and Construction
•SUE Plan sheets sealed by a licensed professional engineer registered in the
State of Texas.
•Traffic Count Data: Microsoft Excel spreadsheet of Raw 24-hour and Turning
Movement Count data gathered at 15-minute intervals at a minimum on all raw
data collected. Provide Daily Summaries by Approach and Peak-Period
Summaries by Approach. Spreadsheet shall be uploaded to the Buzzsaw folder
‘TPW Traffic Count Data’.
•Existing typical sections of the roadway to be constructed along with proposed
typical sections which outline the proposed improvements. Typical sections shall
include existing and proposed ROW, existing and proposed lane widths and
direction arrows, existing and proposed curbs, sidewalks, and retaining walls.
•Conceptual plan and profile sheets showing existing and proposed horizontal
roadway alignments, existing and proposed ROW, existing and proposed
sidewalks and driveways, proposed lane dimensions and lane arrows, existing
drainage structures, city owned and franchise utilities, and existing roadway
vertical alignments (profiles).
•Documentation of key design decisions.
•Estimates of probable construction cost.
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ASSUMPTIONS
•Three (3) sets of 11”x17” size plans will be delivered for the 30% design.
•PDF files created from design CAD drawings will be uploaded to the designated
project folder in the City’s document management system (BIM 360). ENGINEER
shall not proceed with Preliminary Design activities without written approval by
the CITY of the Conceptual Design Package.
DELIVERABLES
A.Conceptual Design Package
B.Conceptual Design Report
C.Traffic Count Data
D.Traffic Engineering Study
E.Conceptual iSWM Checklist
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TASK 3. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans and specifications shall be submitted to CITY per the approved Project
Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows.
3.1. The Preliminary Design Drawings and Specifications shall include the following:
•Preliminary cover and index of sheets including project limits, area location map
and beginning and end station limits.
•SUE Plan sheets sealed by a licensed professional engineer registered in the
State of Texas.
•Quantity Summary page and each design sheet shall include a quantity take off
table.
•Preliminary iSWM Checklist in accordance with the current CITY iSWM Criteria
Manual for Site Development and Construction.
•Traffic Control Plan including all construction signage and pavement markings
which will be in accordance with the latest edition of the Texas Manual on Uniform
Traffic Control Devices.
•A Project Control Sheet, showing all Control Points, used or set while gathering
data. Generally on a scale of not less than 1:400. The following information shall
be indicated for each Control Point: Identified (existing City Monument #8901, PK
Nail, 5/8” Iron Rod); X, Y and Z Coordinates, in an identified coordinate system,
and a referred bearing base. Z coordinate on City Datum only; descriptive location
(i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the
East end of radius at the Southeast corner of North Side Drive and North Main
Street).
•Updated existing and proposed typical section sheets.
•Updated roadway plan and profile sheets displaying station and coordinate data for
all horizontal alignment P.C.’s, P.T.’s, P.I.’s; station and elevation data of all
vertical profile P.C.’s, P.T.’s, P.I.’s, low points, and high points; lengths of vertical
curves, grades, K values, e, and vertical clearances where required.
•No less than two bench marks plan/profile sheet.
•Bearings given on all proposed centerlines, or baselines.
•Station equations relating utilities to paving, when appropriate.
•Overall project easement layout sheet(s).
•Intersection layout sheets including ROW lines, horizontal alignments, utilities,
curbs, sidewalks, driveways, lane dimensions and arrows, and existing and
proposed contours (0.25’ intervals)
•Preliminary traffic signal and roadway details to include curbs, curb expansion
joints, driveways, sidewalks, and pavement details.
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•Preliminary signing, pavement marking, illumination and signal layouts.
•Documentation of key design decisions.
•Estimates of probable construction cost.
3.2. Geotechnical Investigation/Pavement Design
•Soil investigations, including field and laboratory tests, borings, related
engineering analysis and recommendations for determining soil conditions will be
made. In addition to the above investigations, borings and appropriate field and
laboratory analysis will be made at reasonable intervals along the project
alignment for the Contractor’s use in determining soil conditions for preparing
bids and a Trench Safety Plan.
•The ENGINEER shall prepare a detailed geotechnical engineering study and
pavement design in conformance with the City of Fort Worth Pavement Design
Standards Manual, 2005. The study shall include recommendations regarding
utility trenching and identify existing groundwater elevation at each boring.
3.3. Constructability Review
•Prior to the 60 percent review meeting with the CITY, the ENGINEER shall
schedule and attend a project site visit with the CITY Project Manager and
Construction personnel to walk the project. The ENGINEER shall summarize the
CITY’s comments from the field visit and submit this information to the CITY in
writing.
3.4. Public Meeting
After the preliminary plans have been reviewed and approved by the CITY, the
ENGINEER shall prepare project exhibits, and attend one (1) public meeting to help
explain the proposed project to residents. The CITY shall select a suitable location,
time and date. The Engineer needs to coordinate with the City’s project manager to
format the mailing list of all affected property owners accordingly.
3.5. Utility Clearance
•ENGINEER will develop the design of CITY facilities to avoid or minimize
conflicts with existing utilities, and where known and possible consider potential
future utilities in designs. Where conflicts cannot be avoided, coordination of
Utility Conflicts will be identified at the Conceptual phase and begin at the
Preliminary Design phase.
•In the case of a public utility conflict, the ENGINEER will design CITY facilities to
avoid or minimize conflicts with existing utilities, and where known and possible
consider potential future utilities in designs.
•In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of
plans with the utility conflicts highlighted and a Utility Conflicts Table of those
conflicts to be included in a Utility Clearance Letter for coordination at each
design milestone. The ENGINEER may need to coordination directly with the
private utility provider if that provider needs to undertake design to adjust their
utility’s location.
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•The ENGINEER shall upload a PDF file of the approved preliminary plan set to
the designated project folder in the City’s document management system (BIM
360)for forwarding to all utility companies which have facilities within the limits of
the project. The PDF file should be created directly from the CAD files.
•ENGINEER to obtain utility as-builts and/or do field visits to confirm relocation is
complete and that the utility has been relocated in accordance with the plans,
report any discrepancies found, and provide documentation to support findings.
•ENGINEER to upload all utility as-builts in the City’s document management
system (BIM 360)
ASSUMPTIONS
•Three (3) sets of 11”x17” size plans will be delivered for the 60% design for
review coordination.
•One (1) set of specifications will be delivered for the 60% design.
•PDF files created from design CAD drawings will be uploaded to the designated
project folder in the City’s document management system (BIM 360).
•All submitted documents and checklists will be uploaded to the designated
project folder in the City’s document management system (BIM 360).
•The CITY’s front end and technical specifications will be used. The ENGINEER
shall supplement the technical specifications if needed.
•One (1) Public Meeting is assumed.
•ENGINEER shall not proceed with Final Design activities without written approval
by the CITY of the Preliminary Design plans.
DELIVERABLES
A.Preliminary Design drawings and specifications including QC/QA documentation
B.Utility Conflict Coordination Package
C.Geotechnical Report
D.Preliminary iSWM Checklist
E.Estimates of probable construction cost
F.Public Meeting exhibits
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TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS
(100 PERCENT).
•Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as
follows:
•Final draft construction plans (90%) including specifications shall be submitted to CITY
per the approved Project Schedule.
•The ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a
Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for
final coordination.
•Following a 90% construction plan review meeting with the CITY, the ENGINEER shall
submit Final Plans (100%) to the CITY per the approved Project Schedule. Each plan
sheet shall be stamped, dated, and signed by the ENGINEER registered in State of
Texas.
•Final iSWM Checklist in accordance with the current iSWM Criteria Manual for Site
Development and Construction.
•A Quantity Summary page will be included in both the 90% and 100% design packages.
Each design sheet of those package shall include a quantity take off table.
•The ENGINEER shall submit an estimate of probable construction cost with both the
90% and 100% design packages. This estimate shall use standard CITY or TxDOT bid
items, as applicable.
ASSUMPTIONS
•Three (3) sets of 11”x17” size drawings and one (1) set of specifications will be delivered
for the 90% Design package.
•A PDF and DWF file for the 90% Design will be created from design CAD drawings and
will be uploaded to the project folder in the City’s document management system (BIM
360).
•Ten (10) sets of 11”x17” size drawings and two (2) set of specifications will be delivered
for the 100% Design package.
•A PDF and DWF file for the 100% Design will be created from design CAD drawings and
will be uploaded to the project folder in City’s document management system (BIM 360).
DELIVERABLES
A.90% construction plans and specifications including QC/QA documentation.
B.Utility relocation documentation.
C.Final iSWIM plan ( Final check list)
D.100% construction plans and specifications including QC/QA documentation.
E.Detailed estimates of probable construction costs including summaries of bid items and
quantities using the CITY’s or TxDOT’s standard bid items and format, as applicable
F. Original 11”x17” size cover mylar for the signatures of authorized CITY officials.
City of Fort Worth, Texas Page 12 of 25
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TASK 5. BID PHASE SERVICES.
The CITY reserves the right to bid the project either via traditional project bid to via unit price
alternative delivery. ENGINEER will support the bid phase of the project as follows.
5.1. Bid Support
•The ENGINEER shall upload all plans and contract documents onto the City’s
document management system (BIM 360) for access to potential bidders.
•Contract documents shall be uploaded in a .xls file.
•Unit Price Proposal documents are to be created utilizing the city’s unit price tool
only and combined in a specified spreadsheet workbook, Bid Proposal
Worksheet Template, that will be populated and configured so that all pages are
complete and the Summary Worksheet(s) in the workbook detail and
automatically summarize the totals from the inserted Unit Price Proposal
document worksheets.
•Plan Sets are to be uploaded to the City’s document management system (BIM
360)in two formats, .pdf and .dwf files. The .pdf will consist of one file of the
entire plan set. The .dwf will consist of individual files, one for each plan sheet,
and will be numbered and named in a manner similar to that of the plan set
index.
•The ENGINEER from Contractor’s uploaded Plan Holder Registrations in the
City’s document management system (BIM 360).
•The ENGINEER will develop and implement procedures for receiving and
answering bidders’ questions and requests for additional information. The
procedures shall include a log of all significant bidders questions and requests
and the response thereto. The log shall be housed and maintained in the
project’s folder titled Request for Information. The ENGINEER will provide
technical interpretation of the contract bid documents and will prepare proposed
responses to all bidder’s questions and requests, in the form of addenda. The
ENGINEER shall upload all approved addenda onto the City’s document
management system (BIM 360) and mail addenda to all plan holders.
•Attend the pre-bid conference in support of the CITY.
•Assist the CITY in determining the qualifications and acceptability of prospective
contractors, subcontractors, and suppliers.
•When substitution prior to award of contracts is allowed in the contract
documents, the ENGINEER will advise the CITY as to the acceptability of
alternate materials and equipment proposed by bidders.
•Attend the bid opening in support of the CITY.
•Tabulate and review all bids received for the construction project, assist the CITY
in evaluating bids, and recommend award of the contract. A copy of the Bid
Tabulation and the CFW Data Spreadsheet are to be uploaded into the project’s
Bid Results folder on the City’s document management system (BIM 360)
Incorporate all addenda into the contract documents and issue conformed sets.
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•Engineer will provide 10 full sets and 3 full sets after bid opening - conformed set
with all approved addenda
ASSUMPTIONS
•The project will be bid only once and awarded to one contractor.
•Construction documents will only be made available on the City’s document
management system (BIM 360) for plan holders and/or given to plan viewing
rooms.
•Construction documents will not be printed and made available for purchase by
plan holders and/or given to plan viewing rooms.
•PDF, DWF and DWG files will be uploaded to the City’s document management
system (BIM 360).
DELIVERABLES
A.Addenda
B.Bid tabulations
C.Recommendation of award
D.Final iSWM Checklist
E.Construction documents (conformed)
F.CFW Data Spreadsheet
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TASK 6. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
6.1. Construction Support
• The ENGINEER shall prepare one (1) task order package for the CITY’s Unit
Price Contractor.
• The ENGINEER shall attend the pre-construction conference.
• After the pre-construction conference, the ENGINEER shall provide project
exhibits and attend one (1) public meeting to help explain the proposed project to
residents. The CITY shall select a suitable location and mail the invitation letters
to the affected customers.
• The ENGINEER shall attend monthly or bi-weekly construction progress meetings
during the duration of construction. The ENGINEER will prepare meeting notes
with action items and distribute there to the project team.
• The ENGINEER will prepare a Construction Communication Plan detailing the
procedure for communicating between the Project Delivery Team members and
the Contractors.
• The ENGINEER will meet with concerned citizens as needed.
• The ENGINEER shall review shop drawings, samples and other submittals
submitted by the contractor for general conformance with the design concepts and
general compliance with the requirements of the contract for construction. Such
review shall not relieve the Contractor from its responsibility for performance in
accordance with the contract for construction, nor is such review a guarantee that
the work covered by the shop drawings, samples and submittals is free of errors,
inconsistencies or omissions. The ENGINEER shall log and track all shop
drawings, samples and other submittals in Buzzsaw.
• As requested by the CITY, the ENGINEER shall provide necessary interpretations
and clarifications of contract documents, respond to Request for Information (RFI)
from the contractor, review change orders, and make recommendations as to the
acceptability of the work.
• The ENGIENER will meet with the Project Delivery Team and Contractor on-site
to review any field changes.
• The ENGINEER will coordinate with the TPW department as necessary
• The Engineer will update and submit monthly the Project Status Report, Risk
Register, TPBE and Project Schedule.
• The ENGINEER shall attend the “Final” project walk through and assist with
preparation of final punch list.
6.2 Record Drawings
• The ENGINEER shall prepare record drawings from information provided by the
CITY depicting any changes made to the Final Drawings during construction.
Information provided by the CITY may include, but is not limited to the following:
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o As-Built Survey
o Red-Line Markups from the Contractor
o Red-Line Markups from City Inspector
o Copies of Approved Change Orders
o Approved Substitutions
• The ENGINEER shall modify the Final Drawings electronically and shall place a
stamp on the plans indicating that they represent Record Drawings of the project
as constructed. The stamp shall be signed and dated by the ENGINEER and
shall be placed on each plan sheet, whether there are any revisions on the sheet
or not. Each sheet shall clearly indicate all changes which apply to that sheet by
clouding and numbering, or other suitable means.
• The following disclaimer shall be included with the Record Drawing stamp:
These Record Drawings were prepared using information
provided by others and represent the as constructed
conditions to the extent that documented changes were
provided for recording. The ENGINEER assumes no liability
for undocumented changes and certifies only that the
documented changes are accurately depicted on these
drawings.
• The ENGINEER shall submit a set of sealed Final Drawings, modified and
stamped as Record Drawings, in Adobe Acrobat PDF format (version 6.0 or
higher) and in DWF format. The ENGINEER may keep copies of the
information provided by the CITY for their files, but all original red-lined drawings
shall be returned to the CITY with the digital files.
• There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a
separate PDF and DWF file for the Water plan set, if required. Each PDF and
DWF file shall contain all associated sheets of the particular plan set. Singular
PDF and DWF files for each sheet of a plan set will not be accepted. PDF
and DWF files shall conform to naming conventions as follows:
I. TPW file name example – “W-1956_org47.pdf” where “W-1956” is the
assigned file number obtained from the CITY, “_org” designating the file is
of an original plan set, “47” shall be the total number of sheets in this file.
Example: W-0053_org3.pdf and K-0320_org5.pdf
II. Water and Sewer file name example – “X-35667_org36.pdf” where “X-
35667” is the assigned file number obtained from the CITY, “_org”
designating the file is of an original plan set, “36” shall be the total number of
sheets in this file.
Example: X-12755_org18.pdf
Both PDF and DWF files shall be uploaded to the project’s Record Drawing folder
in the City’s document management system (BIM 360).
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For information on the proper manner to submit files and to obtain a file number for
the project, the ENGINEER should coordinate with the City project manager. File
numbers will not be issued to a project unless the appropriate project numbers and
fund codes have been assigned and are in the Department of Transportation and
Public Works database.
ASSUMPTIONS
• One (1) Public Meeting is assumed.
• One (1) site visit is assumed.
• Two (2) submittal reviews are assumed.
• Two (2) RFI’s are assumed.
• One (1) Change Order is assumed.
DELIVERABLES
A. Public meeting exhibits
B. Construction Communication Plan
C. Response to Contractor’s Request for Information
D. Review of Change Orders
E. Review of shop drawings
F. Final Punch List items
G. Record Drawings in digital format
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TASK 7. ROW/EASEMENT SERVICES.
ENGINEER will support and perform activities related to ROW and land as outlined below,
per scoping direction and guidance from the CITY’s Project Manager.
7.1. Right-of-Way Research
• The ENGINEER shall determine rights-of-way, easements needs for construction
of the project. Required temporary and permanent easements will be identified
based on available information and recommendations will be made for approval
by the CITY.
7.2. Right-of-Way/Easement Preparation and Submittal.
• The ENGINEER shall prepare documents to be used to obtain right-of-way and
permanent and/or temporary easements required to construct the improvements.
• The documentation shall be provided in conformance with the checklists and
templates available on the City’s document management system (BIM 360)
resources folder.
7.3. Temporary Right of Entry Preparation and Submittal
• Prior to construction, the ENGINEER should coordinate with the City project
manager to identify all needed Temporary Right of Entries from landowners. It is
assumed that letters will only be required for land owners adjacent to temporary
construction easements or who are directly affected by the project and no
easement is required to enter their property.
• The documentation shall be provided in conformance with the checklists and
templates available on the City’s document management system (BIM 360)
resources folder.
ASSUMPTIONS
• Right-of-Way research includes review of property/right-of-way records based on
current internet based Tarrant Appraisal District (TAD) information available at
the start of the project and available on-ground property information (i.e. iron
rods, fences, stakes, etc.). It does not include effort for chain of title research,
parent track research, additional research for easements not included in the TAD
records, right-of-way takings, easement vacations and abandonments, right-of-
way vacations, and street closures.
DELIVERABLES
A. XXX (X) Easement exhibits and meets and bounds provided on CITY forms.
B. XXX (X) Temporary Right of Entry cover letters
C. XXX (X) Temporary Right of Entry documents
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TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES.
ENGINEER will provide survey support as follows.
8.1. Design Survey
• ENGINEER will perform field surveys to collect horizontal and vertical elevations
and other information needed by ENGINEER in design and preparation of plans
for the project. Information gathered during the survey shall include topographic
data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations,
location of buried utilities, structures, trees (measure caliper, identify overall
canopy, and have qualified arborist identify species of trees), and other features
relevant to the final plan sheets. Existing drainage at intersections will be verified
by field surveys. Spot elevations will be shown on intersection layouts with cross
slope to fit intersecting grade lines.
• The minimum survey information to be provided on the plans shall include the
following:
− A Project Control Sheet, showing ALL Control Points, used or set while
gathering data. Generally on a scale of not less than 1:400:
− The following information about each Control Point;
a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8” Iron Rod)
b. X, Y and Z Coordinates, in an identified coordinate system, and a
referred bearing base. Z coordinate on CITY Datum only.
c. Descriptive Location (Ex. Set in the centerline of the inlet in the South
curb line of North Side Drive at the East end of radius at the Southeast
corner of North Side Drive and North Main Street).
− Coordinates on all P.C.’s, P.T.’s, P.I.’s, Manholes, Valves, etc., in the
same coordinate system, as the Control.
− No less than two horizontal bench marks, per line or location.
− Bearings given on all proposed centerlines, or baselines.
− Station equations relating utilities to paving, when appropriate.
8.2. Temporary Right of Entry Preparation and Submittal
• Prior to entering property, the ENGINEER shall coordinate with the City’s project
manager to identify, mail and obtain Temporary Right of Entry from landowners.
• The documentation shall be provided in conformance with the checklists and
templates available on the City’s document management system resources
folder.
8.3. Subsurface Utility Engineering
Provide Subsurface Utility Engineering (SUE) to Quality Level D, C, B, and A, as
described below. The SUE shall be performed in accordance with CI/ASCE 38-02.
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Quality Level D
• Conduct appropriate investigations (e.g., owner records, County/CITY records,
personal interviews, visual inspections, etc.), to help identify utility owners that
may have facilities within the project limits or that may be affected by the project.
• Collect applicable records (e.g., utility owner base maps, “as built” or record
drawings, permit records, field notes, geographic information system data, oral
histories, etc.) on the existence and approximate location of existing involved
utilities.
• Review records for: evidence or indication of additional available records;
duplicate or conflicting information; need for clarification.
• Develop SUE plan sheets and transfer information on all involved utilities to
appropriate design plan sheets, electronic files, and/or other documents as
required. Exercise professional judgment to resolve conflicting information. For
information depicted, indicate: utility type and ownership; date of depiction;
quality level(s); end points of any utility data; line status (e.g., active, abandoned,
out of service); line size and condition; number of jointly buried cables; and
encasement.
Quality Level C (includes tasks as described for Quality Level D)
• Identify surface features, from project topographic data and from field
observations, that are surface appurtenances of subsurface utilities.
• Include survey and correlation of aerial or ground-mounted utility facilities in
Quality Level C tasks.
• Survey surface features of subsurface utility facilities or systems, if such features
have not already been surveyed by a professional surveyor. If previously
surveyed, check survey data for accuracy and completeness.
• The survey shall also include (in addition to subsurface utility features visible at
the ground surface): determination of invert elevations of any manholes and
vaults; sketches showing interior dimensions and line connections of such
manholes and vaults; any surface markings denoting subsurface utilities,
furnished by utility owners for design purposes.
• Exercise professional judgment to correlate data from different sources, and to
resolve conflicting information.
• Update (or prepare) plan sheets, electronic files, and/or other documents to
reflect the integration of Quality Level D and Quality Level C information.
• Recommend follow-up investigations (e.g., additional surveys, consultation with
utility owners, etc.) as may be needed to further resolve discrepancies.
• Provide Quality Level C to identify overhead utilities on the project and provide
the overhead utility information on the SUE plan sheets.
City of Fort Worth, Texas Page 20 of 25
Attachment A
PMO Release Date: 02.06.2015
Page 20 of 25
Level B (includes tasks as described for Quality Level C)
• Select and apply appropriate surface geophysical method(s) to search for and
detect subsurface utilities within the project limits, and/or to trace a particular
utility line or system.
• Based on an interpretation of data, mark the indications of utilities on the ground
surface for subsequent survey. Utilize paint or other method acceptable for
marking of lines.
• Unless otherwise directed, mark centerline of single-conduit lines, and outside
edges of multi-conduit systems.
• Resolve differences between designated utilities and utility records and surveyed
appurtenances.
• Recommend additional measures to resolve differences if they still exist.
Recommendations may include additional or different surface geophysical
methods, exploratory excavation, or upgrade to Quality Level A data.
• As an alternative to the physical marking of lines, the ENGINEER may, with
CITY’s approval, utilize other means of data collection, storage, retrieval, and
reduction, that enables the correlation of surface geophysical data to the project’s
survey control.
Level A
• Expose and locate utilities at specific locations.
• Tie horizontal and vertical location of utility to survey control.
• Provide utility size and configuration.
• Provide paving thickness and type, where applicable.
• Provide general soil type and site conditions and such other pertinent information
as is reasonably ascertainable from each test hole site.
ASSUMPTIONS
Up to three (3) Level A test holes are included.
DELIVERABLES
A. Drawing of the project layout with dimensions and coordinate list.
B. SUE plan drawings sealed by a professional engineer registered in the State of
Texas.
City of Fort Worth, Texas Page 21 of 25
Attachment A
PMO Release Date: 02.06.2015
Page 21 of 25
TASK 9. PERMITTING.
ENGINEER will provide permitting support for the CITY to obtain any and all agreements
and/or permits normally required for a project of this size and type, as follows
9.1 Texas Department of Transportation (TxDOT) Permit
• Meet, negotiate and coordinate to obtain approval of the agency issuing the
agreement and/or permits.
• Completing all forms/applications necessary.
• Submitting forms/applications for CITY and TxDOT review
• Submitting revised forms for agency review
• Responding to agency comments and requests
9.2. Railroad Permit
• Meet, negotiate and coordinate to obtain approval of the agency issuing the
agreement and/or permits.
• Completing all forms/applications necessary.
• Submitting forms/applications for CITY review
• Submitting revised forms for agency review
• Responding to agency comments and requests
9.3 Texas Department of Licensing and Regulation (TDLR)
• Identify and analyze the requirements of the Texas Architectural Barriers Act,
Chapter 68 Texas Administrative Code, and become familiar with the
governmental authorities having jurisdiction to approve the design of the Project.
• ENGINEER is responsible for providing plans that are in compliance with TDLR
requirements.
• Submit construction documents to the TDLR
• Completing all TDLR forms/applications necessary
• Obtain the Notice of Substantial Compliance from the TDLR
• Request an inspection from TDLR or a TDLR locally approved Registered
Accessibility Specialist no later than 30 calendar days after construction
substantial completion. Advise the CITY in writing of the results of the inspection.
• Responding to agency comments and requests
• All costs associated with TDLR plan review and inspections are to be paid by the
ENGINEER during the course of the project.
City of Fort Worth, Texas Page 22 of 25
Attachment A
PMO Release Date: 02.06.2015
Page 22 of 25
9.4 Storm Water Pollution Prevention Plan
• For projects that disturb an area greater than one (1) acre, the Contractor will be
responsible for preparing and submitting the Storm Water Pollution Prevention
Plan (SWPPP) with appropriate regulatory agencies. The Engineer will prepare
the iSWM Construction Plan according to the current CITY iSWM Criteria Manual
for Site Development and Construction which will be incorporated into the
SWPPP by the contractor.
9.5 Environmental Services [provide a detailed scope if US Army Corp of Engineers
Section 404 Nationwide Permit or individual permit is required]
• Negotiating and coordinating to obtain approval of the agency issuing the
agreement and/or permits.
• Completing all forms/applications necessary.
• Submitting forms/applications for CITY review
• Submitting revised forms for agency review
• Responding to agency comments and requests
9.6 Floodplain Services [provide detailed scope if CLOMR/LOMR and/or floodplain permit
is required]]
• Meet, negotiate and coordinate to obtain approval of the agency issuing the
agreement and/or permits.
• Completing all forms/applications necessary.
• Submitting forms/applications for CITY review
• Submitting revised forms for agency review
• Responding to agency comments and requests
ASSUMPTIONS
• Permit preparation will begin after approval of the Conceptual Design.
• XXX (X) meetings are assumed with XXXXXXXXXXX for the XXXXXXXXXXX
permit.
DELIVERABLES
A. Copies of Permit Applications
B. Copies of Approved Permits
City of Fort Worth, Texas Page 23 of 25
Attachment A
PMO Release Date: 02.06.2015
Page 23 of 25
TASK 10. QUALITY CONTROL / QUALITY ASSURANCE
ENGINEER to provide to the City a Quality Control/ Quality Assurance Plan (QC/QA Plan)
outlining the ENGINEER’s method of ensuring the highest levels of design and accuracy are
incorporated into the calculations, plans, specifications, and estimates.
ENGINEER is responsible for and shall coordinate all subconsultant activity to include
quality and consistency of plans.
If, at any time, during the course of reviewing a submittal of any item it becomes apparent to
the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may
cease its review and return the submittal to the ENGINEER immediately for appropriate
action. A submittal returned to the ENGINEER for this reason may be rejected by the CITY
Project Manager.
10.1. QC/QA of Survey and SUE Data
• The ENGINEER’s Surveyor shall perform Quality Control/ Quality Assurance on
all procedures, field surveys, data, and products prior to delivery to the CITY. The
CITY may also require the ENGINEER’s Surveyor to perform a Quality
Assurance review of the survey and/or subsurface utility engineering (SUE) work
performed by other surveyors and SUE providers.
• ENGINEER’s Surveyor shall certify in writing via a letter that the survey
information provided has undergone a Quality Control/ Quality Assurance
process.
• ENGINEER’s Subsurface Utility Engineering provider shall certify in writing via a
letter that the SUE information provided has undergone a Quality Control/ Quality
Assurance process.
10.2. QC/QA of Design Documentation
• ENGINEER shall perform a QC/QA review of all documents being submitted for
review at all stages of the design including the 30%, 60%, and 90% and Final
Document design review submittals. QA should be performed by an individual
within the firm who is not on the design team.
• ENGINEER is to acknowledge that each item on the Detailed Checklist has been
included by checking “done” on the checklist. If a particular checklist item is not
applicable, this should be indicated by checking “N/A”. If an entire checklist is
not applicable, this should be indicated by checking every item on the list as
“N/A” and still included with the submittal. The ENGINEER shall use the Detailed
Checklist provided by CITY.
• A Comment Resolution Log must be used to document conflicting comments
between reviewers and to highlight comments made by the CITY that the
ENGINEER is not incorporating into the design documents along with the
associated explanation. The ENGINEER shall use the Comment Resolution Log
provided by CITY.
• The documentation of a QC/QA review includes (1) a copy of the color-coded,
original marked-up document (or “check print”) developed during the QA
checking process and/or review forms which sequentially list documents and
associated comments; and (2) a QC sign-off sheet with signatures of the
City of Fort Worth, Texas Page 24 of 25
Attachment A
PMO Release Date: 02.06.2015
Page 24 of 25
personnel involved in the checking process. Mark-ups may also be documented
using the Comment Resolution Log.
• Evidence of the QC/QA review will be required to accompany all submittals.
Documentation shall include, but is not limited to, the following items:
- PDF of the completed Detailed Checklists
- PDF of the QC/QA check print of the calculations, plans, specifications, and
estimates demonstrating that a review has been undertaken;
- PDF of previous review comments (if any) and the ENGINERR’s responses
to those comments in the Comment Resolution Log.
• If any of the above information is missing, is incomplete or if any comments are
not adequately addressed; the CITY may contact the ENGINEER and request
the missing information. If the ENGINEER does not respond to the request
within 24 hours, the CITY shall reject the submittal. No additional time will be
granted for a returned submittal.
• If the ENGINEER has not adequately addressed the comments, the submittal
shall be rejected and returned to the ENGINEER immediately to address the
issues.
ASSUMPTIONS
• All submittals to the City will be Quality checked prior to submission.
• A PDF of the QC/QA documentation will be uploaded to the project folder in
Buzzsaw.
DELIVERABLES
A. QC/QA documentation
City of Fort Worth, Texas Page 25 of 25
Attachment A
PMO Release Date: 02.06.2015
Page 25 of 25
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existing Scope of Services – CITY and
ENGINEER agree that the following services are beyond the Scope of Services described in
the tasks above. However, ENGINEER can provide these services, if needed, upon – be sure
to track changes. the CITY’s written request. Any additional amounts paid to the ENGINEER
as a result of any material change to the Scope of the Project shall be agreed upon – be sure
to track changes. in writing by both parties before the services are performed. These
additional services include the following:
• Negotiation of easements or property acquisition.
• Services related to development of the CITY’s project financing and/or budget.
• Services related to disputes over pre-qualification, bid protests, bid rejection and re-
bidding of the contract for construction.
• Construction management and inspection services
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of God.
• Services related to warranty claims, enforcement and inspection after final completion.
• Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project as
requested by the CITY.
ATTACHMENT B
COMPENSATION
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 1 of 4
B-1
Design Services for
Forest Park Boulevard at 10th Street Traffic Signal
City Project No. 103997
Time and Materials with Multiplier Project
I. Compensation
A. The ENGINEER shall be compensated for personnel time, non-labor expenses,
and subcontract expenses in performing services enumerated in Attachment A
as follows:
i. Personnel Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by Direct Salaries
multiplied by a factor of 3.25.
Direct Salaries are the amount of wages or salaries paid ENGINEER’s
employees for work directly performed on the PROJECT, exclusive of all payroll-
related taxes, payments, premiums, and benefits.
ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct
Expenses at invoice or internal office cost.
Direct Expenses (non-labor) include, but are not limited to, mileage, travel and
lodging expenses, mail, supplies, printing and reproduction services, other direct
expenses associated with delivery of the work; plus applicable sales, use, value
added, business transfer, gross receipts, or other similar taxes.
iii. Subcontract Expenses. Subcontract expenses and outside services shall
be reimbursed at cost to ENGINEER plus a markup of ten percent (10%).
iv. Budgets. ENGINEER will make reasonable efforts to complete the work
within the budget and will keep the City informed of progress toward that end so
that the budget or work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets, as may
be adjusted, nor is the City obligated to pay ENGINEER beyond these limits.
If ENGINEER projects, in the course of providing the necessary services, that the
PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether
by change in scope of the project, increased costs or other conditions, the
ENGINEER shall immediately report such fact to the City and, if so instructed by
the City, shall suspend all work hereunder.
When any budget has been increased, ENGINEER’s excess costs expended prior
to such increase will be allowable to the same extent as if such costs had been
incurred after the approved increase.
ATTACHMENT B
COMPENSATION
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 2 of 4
B-2
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.
ATTACHMENT B
COMPENSATION
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 3 of 4
B-3
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount %
Prime Consultant
Binkley & Barfield Design $55,703 72.5%
Proposed MBE/SBE Sub-Consultants
PJB Surveying Topographic Surveying $4,500 5.9%
Non-MBE/SBE Consultants
CESG Engineering Subsurface Utility Engineering $15,100 19.7%
Plan Review Services-
Sunset, LLC
TDLR/Plan Review/Inspection $1,500 1.9%
TOTAL $76,803 100%
Project Number & Name Total Fee MBE/SBE Fee MBE/SBE
%
103997 $76,803 $4,500 5.9%
City MBE/SBE Goal = N/A Consultant Committed Goal = 5.9 %
EXHIBIT “B-1”
ENGINEER INVOICE
(Supplement to Attachment B)
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 4 of 4
B-4
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
City of Fort Worth
July 13, 2022
Project No:
Invoice No:
REMIT TO: Binkley & Barfield, Inc.
1710 Seamist Drive
Houston, TX 77008
XXXXXXXX.000.1
XXXXX
Project Manager: Bradford Brimley
Contract Number:
Project Description: Forest Park BLVD at 10th St Traffic Signal
Authorization Number:
Client Project Number:
Total Contract Value: 76,803.00
Project XXXXXXXX.000.1 Forest Park Boulevard at 10th Street Traffic Signal
Professional Services from June 1, 2022 to June 30, 2022
Phase XXXX Design
Task 0001 Design
Professional Personnel
Hours Rate Amount
Project Manager
Brimley, Bradford 1.00 XX.XX XX.XX
Design Engineer
Carl, John 1.00 XX.XX XX.XX
Totals 2.00 XX.XX
Total Labor 3.25 times XX.XX XX.XX
Billing Limits Current Prior To-Date
Total Billings XX.XX 0.00 XX.XX
Limit 55,703.00
Remaining XXX.XX
Total this Phase: $XX.XX
Phase XXXX Topographic Surveying
Task 0001 Topographic Surveying
Professional Personnel
Hours Rate Amount
Billing Limits Current Prior To-Date
Total Billings XX.XX 0.00 XX.XX
Limit 4,500.00
Remaining XXX.XX
Total this Phase: $XX.XX
Forest Park Boulevard at 10th Street Traffic Signal Design
103997
Project XXXXXXXX.000.1 Forest Park BLVD at 10th St Traffic
Invoice XXXX
Page 2
Phase XXXX Subsurface Utility Engineering
Task 0001 Subsurface Utility Engineering
Professional Personnel
Hours Rate Amount
Billing Limits Current Prior To-Date
Total Billings XX.XX 0.00 XX.XX
Limit 15,100.00
Remaining XXX.XX
Total this Phase: $XX.XX
Phase XXXX TDLR/Plan Review/Inspection
Task 0001 TDLR/Plan Review/Inspection
Professional Personnel
Hours Rate Amount
Billing Limits Current Prior To-Date
Total Billings XX.XX 0.00 XX.XX
Limit 1,500.00
Remaining XXX.XX
Total this Phase: $XX.XX
TOTAL DUE THIS INVOICE: $X,XXX.XX
Current Prior Total
Billings to Date X,XXX.XX 0.00 XX,XXX.XX
Forest Park Boulevard at 10th Street Traffic Signal Design
103997
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page 1 of 1
ATTACHMENT “C”
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Forest Park Boulevard at 10th Street Traffic Signal
City Project No. 103997
NO CHANGES
City of Fort Worth, Texas
Attachment D
Revision Date: 07.20.2018
Page 1 of 1
ATTACHMENT “D”
PROJECT SCHEDULE
A. ENGINEER Project Schedule Development
ENGINEER shall prepare a project schedule for the services to be provided in fulfilling
the requirements of the Agreement and encompassing the Scope of Work defined in
Attachment A to the Agreement.
ENGINEER shall prepare and maintain project schedule throughout the life of the project
as defined in the Agreement in compliance with the City’s Specification 00 31 15 entitled
Engineer Project Schedule.
ENGINEER’s project schedule will follow the Critical Path Methodology (CPM) for
planned sequencing of the work activity and timing of the work.
B. Schedule “Tier” Selection
City has identified three “Tier” levels for project schedules as defined in City’s
Specification 00 31 15, to align with the size and complexity of the project as a basis for
schedule development. City’s Project Manager will determine the “Tier” level for the
ENGINEER’s project schedule as part of the negotiation of the Agreement.
C. Project Baseline Schedule
ENGINEER will produce an initial project schedule and submit as a “baseline” for review
and acceptance by City’s Project Manager as defined in City’s Specification 00 31 15
which will be referred to as the Project Baseline Schedule. Updates to the baseline
schedule follow the requirements of City’s Specification 00 31 15.
D. Project Progress Schedule
ENGINEER will provide to the City, monthly updates to their project schedule indicating
progress of the Work in compliance with the requirements of City’s Specification 00 31
15 and said schedule will be referred to as the Project Progress Schedule.
E. Master Project Schedule
City will develop and maintain a master project schedule for the overall project.
ENGINEER’s project baseline and progress schedule submittals will be an integral part
of the development and updating process of City’s Master Project Schedule.
City of Fort Worth, Texas
Attachment E
Page 1 of 1
ATTACHMENT “E”
PROJECT LOCATION MAP
EXHIBIT F
CFW Standard Insurance Requirements Page 1 of 3
Rev. 5.04.21
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 2 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 3 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 consent to alternative coverage maintained through insurance
pools or risk retention groups. Dedicated financial resources or letters of credit
may also be acceptable to City.
h. In the course of the Agreement, Insured shall report, in a timely manner, to
City's Risk Management Department with additional notice to the Contract
Compliance Manager, any known loss or occurrence which could give rise
to a liability claim or lawsuit against City or which could result in a property
loss.
i. City shall be entitled, upon its request and without incurring expense, to
review Insured’s insurance policies including endorsements thereto and, at
City's discretion, Insured may be required to provide proof of insurance
premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a claims-
made basis, shall contain a retroactive date coincident with or prior to 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.
l. 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.
This page has been left blank intentionally.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CinciPlus°
BUSINESS AUTO XC+°
(EXPANDED COVERAGE PLUS)
ENDORSEMENT
This endorsement modifies insurance provided by the following:
BUSINESS AUTO COVERAGE FORM
With respect to the coverage provided bythis endorsement, the pro�isions of the Coverage Form apply unless
modified by this endorsement.
A. Blanket Wai�er of Subrogation
SECTION IV - BUSINESS AUTO CONDI-
TIONS, A. Loss Conditions, 5. Transfer of
Rights of Recovery Against Others to Us is
amended by the addition of the following:
We waive any right of recovery we may have
against any person or organization because of
payments we make for "bodily injury" or
"property damage" arising out of the operation
of a covered "auto" when you have assumed
liability for such "bodily injury" or "property
damage" under an "insured contract", provid-
ed the "bodily injury" or "property damage" oc-
curs subsequent to the execution or the "in-
sured contract".
B. Noncontributory Insurance
SECTION IV - BUSINESS AUTO CONDI-
TIONS, B. General Conditions, 5. Other In-
surance c. is replaced by the following:
c. Regardless of the provisions of Par-
agraph a. above, this Coverage
Form's Liability Coverage is primary
and we will not seek contribution
from any other insurance for any lia-
bility assumed under an "insured
contract" that requires liability to be
assumed on a primary noncontributo-
ry basis.
C. Additional Insured by Contract
SECTION II - LIABILITY COVERAGE, A.
Coverage, I. Who is an Insured is amended
to include as an insured any person or organi-
zation with which you have agreed in a valid
written contract to provide insurance as is af-
forded by this policy.
This provision is limited to the scope of the
valid written contract.
This provision does not apply unless the valid
written contract has been:
1. Executed prior to the accident causing
"bodily injury" or "property damage"; and
2. Is still in force at the time of the "accident"
causing "bodily injury" or "property dam-
age".
D. Employee Hired Auto
1.
2.
Changes in Liability Co�erage
The following is added to the Section II -
Liability Coverage, A. Co�erage, 1.
Who is an Insured:
An "employee" of yours is an "insured"
while operating an "auto" hired or rented
under a contract or agreement in that
"employee's" name, with your permission,
while performing duties related to the
conduct of your business.
Changes in General Conditions
SECTION IV - BUSINESS AUTO CON-
DITIONS, B. General Conditions, 5.
Other Insurance is amended by replac-
ing Paragraph 5.b. with the following:
b. For Hired Auto Physical Damage
Coverage the following are deemed
to be covered "autos" you own:
{1) Any covered "auto" you lease,
hire, rent or borrow; and
{2) Any covered "auto" hired or
rented byyour "employee" under
a contract in that individual "em-
ployee's" name, with your per-
mission, while performing duties
related to the conduct of your
business.
Includes copyrighted material of ISO
AA 288 Q1 16 Properties, Inc., with its permission. Page 1 of 4
Howe�er, any "auto" that is leased,
hired, rented or borrowed with a dri�er
is not a co�ered "auto".
E. Audio, Visual and Data Electronic Equip-
ment
SECTION III - PHYSICAL DAMAGE COV-
ERAGE, C. Limit of Insurance is amended
by adding the following:
4. The most we will pay for all "loss" to au-
dio, �isual or data electronic equipment
and any accessories used with this
equipment as a result of any one "acci-
dent" is the lesser of:
a. The actual cash value of the dam-
aged or stolen property as of the time
of the "accident";
b. The cost of repairing or replacing the
damaged or stolen property with oth-
er property of like kind and quality; or
c. $2,500.
Pro�ided the equipment, at the time of the
"loss" is:
a. Permanently installed in or upon the
co�ered "auto" in a housing, opening
or other location that is not normally
used by the "auto" manufacturer for
the installation of such equipment;
b. Removable from a permanently in-
stalled housing unit as described in
Paragraph 2.a. abo�e; or
c. An integral part of such equipment.
F. Who is an Insured - Amended
SECTION II - LIABILITY COVERAGE, A.
Coverage, 1. Who is an Insured is amended
by adding the following:
The following are "insureds":
1. Any subsidiary which is a legally incorpo-
rated entity of which you own a financial
interest of more than 50% of the �oting
stock on the effective date of this cover-
age form.
However, the insurance afforded by this
provision does not apply to any subsidiary
that is an "insured" under any other au-
tomobile liability policy, or would be an
"insured" under such policy but for termi-
nation of such policy or the exhaustion of
such policy's limits of insurance.
2. Any organization that is newly acquired or
formed by you and o�er which you main-
tain majority ownership. The insurance
provided by this provision:
a. Is effective on the date of acquisition
or formation, and is afforded for 180
days after such date;
b. Does not apply to "bodily injury" or
"property damage" resulting from an
"accident" that occurred before you
acquired or formed the organization;
c. Does not apply to any newly acquired
or formed organization that is a joint
venture or partnership; and
d. Does not apply to an insured under
any other automobile liability policy,
or would be an insured under such a
policy but for the termination of such
policy or the exhaustion of such poli-
cy's limits of insurance.
3. Any of your "employees" while using a
covered "auto" in your business or your
personal affairs, provided you do not own,
hire or borrow that "auto".
G. Liability Coverage E�ctensions - Supple-
mentary Payments - Higher Limits
SECTION II - LIABILITY COVERAGE, A.
Co�erage, 2. Coverage Extensions, a. Sup-
plementary Payments is amended by:
1.
�
Replacing the $2,000 Limit of Insurance
for bail bonds with $4,000 in (2); and
Replacing the $250 Limit of Insurance for
reasonable expenses with $500 in (4).
H. Amended Fellow Employee Exclusion
SECTION II - LIABILITY COVERAGE, B. Ex-
clusions, 5. Fellow Employee is modified as
follows:
Exclusion 5. Fellow Employee is deleted.
I. Hired Auto - Physical Damage
If hired "autos" are co�ered "autos" for Liability
Coverage, then Comprehensi�e and Collision
Physical �amage Co�erages as pro�ided un-
der SECTION III - PHYSICAL DAMAGE
COVERAGE of this Coverage Part are ex-
tended to "autos" you hire, subject to the fol-
lowing:
1. The most we will pay for "loss" to any
hired "auto" is $50,000 or the actual cash
�alue or cost to repair or replace, which-
ever is the least, minus a deductible.
2. The deductible will be equal to the largest
deductible applicable to any owned "auto"
for that coverage, or $1,000, whiche�er is
less.
3. Hired Auto - Physical Damage co�erage
is excess over any other collectible insur-
ance.
Includes copyrighted material of ISO
AA 288 Q1 16 Properties, Inc., with its permission. Page 2 of 4
4. Subject to the abo�e limit, deductible, and
excess pro�isions we will pro�ide cover-
age equal to the broadest coverage appli-
cable to any co�ered "auto" you own in-
sured under this policy.
K. Transportation Expense - Higher Limits
SECTION III - PHYSICAL DAMAGE COV-
ERAGE, A. Coverage, 4. Coverage E�en-
sions is amended by replacing $20 per day
with $50 per day, and $600 maximum with
$1,500 maximum in E�ension a. Transpor-
tation Expenses.
Co�erage includes loss of use of that hired au-
to, pro�ided it results from an "accident" for
which you are legally liable and as a result of
which a monetary loss is sustained by the �•
leasing or rental concern. The most we will
pay for any one "accident" is $3,000.
If a limit for Hired Auto - Physical �amage is
shown in the Schedule, then that limit replac-
es, and is not added to, the $50,000 limit indi-
cated abo�e.
J. Rental Reimbursement
SECTION III - PHYSICAL DAMAGE is
amended by adding the following:
1. We will pay for rental reimbursement ex-
penses incurred by you for the rental of
an "auto" because of a"loss" to a covered
"auto". Payment applies in addition to the
otherwise applicable amount of each co�-
erage you ha�e on a covered "auto". No
deductible applies to this co�erage.
2. We will pay only for those expenses in-
curred during the policy period beginning
24 hours after the "loss" and ending, re-
gardless of the policy's expiration, with
the lesser of the following number of
days:
a. The number of days reasonably re-
quired to repair the covered "auto". If
"loss" is caused by theft, this number
of days is added to the number of
days it takes to locate the co�ered
"auto" and return it to you; or
b. 30 days.
3. Our payment is limited to the lesser of the
following amounts:
a. Necessary and actual expenses in-
curred; or
b. $50 per day.
4. This coverage does not apply while there
are spare or reserve "autos" available to
you for your operations.
1. SECTION III - PHYSICAL DAMAGE
COVERAGE, C. Limit of Insurance is
deleted in its entirety and replaced by the
following, but only for pri�ate passenger
type "autos" with an original loan or lease,
and only in the event of a"total loss" to
such a pri�ate passenger type "auto":
a. The most we will pay for "loss" in any
one "accident" is the greater of:
(1) The amount due under the terms
of the lease or loan to which
your co�ered private passenger
type "auto" is subject, but will not
include:
(a) O�erdue lease or loan pay-
ments;
(b) Financial penalties imposed
under the lease due to high
mileage, excessive use or
abnormal wear and tear;
(c) Security deposits not re-
funded by the lessor;
(d) Costs for extended warran-
ties, Credit Life Insurance,
Health, Accident or Disabil-
ity Insurance purchased
with the loan or lease; and
(e) Carry-o�er balances from
pre�ious loans or leases, or
5. We will pay under this coverage only that
amount of your rental reimbursement ex- (2) Actual cash �alue of the stolen
penses which is not already pro�ided for or damaged property.
under SECTION III - PHYSICAL DAM- b, An adjustment for depreciation and
AGE COVERAGE, A. Coverage, 4. physical condition will be made in de-
Coverage Extensions. termining actual cash �alue at the
time of "loss".
Includes copyrighted material of ISO
AA 288 Q1 16 Properties, Inc., with its permission. Page 3 of 4
Airbag Co�erage
SECTION III - PHYSICAL DAMAGE COV-
ERAGE, B. Exclusions, 3.a. is amended by
adding the following:
However, the mechanical and electrical
breakdown portion of this exclusion does not
apply to the accidental discharge of an airbag.
This coverage for airbags is excess over any
other collectible insurance or warranty.
M. Loan or Lease Gap Co�erage
2. SECTION V- DEFINITIONS is amended
by adding the following, but only for the
purposes of this Loan or Lease Gap
Coverage:
"Total loss" means a"loss" in which the
cost of repairs plus the sal�age �alue ex-
ceeds the actual cash value.
N. Glass Repair - Waiver of Deductible
SECTION III - PHYSICAL DAMAGE COV-
ERAGE, D. Deductible is amended by adding
the following:
No deductible applies to glass damage if the
glass is repaired in a manner acceptable to us
rather than replaced.
O. Duties in the E�ent of an Accident, Claim,
Suit or Loss - Amended
SECTION IV - BUSINESS AUTO CONDI-
TIONS, A. Loss Conditions, 2. Duties in the
Event of Accident, Claim, Suit or Loss, a. is
amended by adding the following:
This condition applies only when the "acci-
dent" or "loss" is known to:
1. You, if you are an individual;
2. A partner, if you are a partnership;
3. An executive officer or insurance manag-
er, if you are a corporation; or
4. A member or manager, if you are a lim-
ited liability company.
P. Unintentional Failure to Disclose Hazards
SECTION IV - BUSINESS AUTO CONDI-
TIONS, B. General Conditions, 2. Conceal-
ment, Misrepresentation or Fraud is
amended by adding the following:
However, if you unintentionally fail to disclose
any hazards existing on the effective date of
this Coverage Form, we will not deny co�er-
age under this Co�erage Form because of
such failure.
Q. Mental Anguish Resulting from Bodily Inju-
rY
SECTION V- DEFINITIONS, C. "Bodily inju-
ry" is deleted in its entirety and replaced by
the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by a person, including men-
tal anguish and death sustained by the same
person that results from such bodily injury,
sickness or disease. "Bodily injury" does not
include mental anguish or death that does not
result from bodily injury, sickness or disease.
R. Co�erage for Certain Operations in Con-
nection with Railroads
With respect to the use of a covered "auto" in
operations for or affecting a railroad:
1. Section V- Definitions, H. "Insured con-
tract", 1.c. is amended to read:
c. An easement or license agreement;
2. Section V- Definitions, H. "Insured con-
tract", 2.a. is deleted.
Includes copyrighted material of ISO
AA 288 Q1 16 Properties, Inc., with its permission. Page 4 of 4
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
Form WC 00 03 13 Printed in U.S.A.
Process Date:11/09/21 Policy Expiration Date:06/30/22
WAIVER OF OUR RIGHT TO RECOVER
FROM OTHERS ENDORSEMENT
Policy Number:52 WEC AM4X46 Endorsement Number:6
Effective Date:08/31/21 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: Binkley & Barfield, Inc.
1710 Seamist DrHouston, TX 77008
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 shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
Any person or organization for whom you are required by contract or agreement to obtain this waiver from us.
Endorsement is not applicable in KY, NH, NJ or for any MO construction risk
This page has been left blank intentionally.
Includes copyrighted material of Insurance
GA 233 TX 09 17 Services Office, Inc.,with its permission.Page 1 of 17
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
TEXAS-CONTRACTORS'COMMERCIAL GENERAL LIAB ILITY
BROAD ENED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A.Endorsement -Table of Contents:
Coverage:Begins on Page:
1.Employee Benefit Liability Coverage.......................................................................................3
2.Unintentional Failure to Disclose Hazards..............................................................................9
3.Damage to Premises Rented to You ........................................................................................9
4.Supplementary Payments ......................................................................................................10
5.Medical Payments ...................................................................................................................10
6.180 Day Coverage for Newly Formed or Acquired organizations .....................................10
7.Waiver of Subrogation............................................................................................................11
8.Au tomatic Additional Insured -Specified Relationships:..................................................11
•Managers or Lessors of Premises;
•Lessor of Leased Equipment;
•Vendors;
•State or Governmental Agency or Subdivision or Political Subdivision -Permits
or Authorizations Relating to Premises; and
•Mortgagee,Assignee or Receiver
9.Property Damage to Borrowed Equipment ..........................................................................14
10.Employees as Insureds -Specified Health Care Servicesand Good Samaritan
Services ...................................................................................................................................15
11 .Broadened Notice of Occurrence ..........................................................................................15
12 .Nonowned Aircraft ..................................................................................................................15
13 .Bodily Injury Redefined ..........................................................................................................15
14 .Expected or Intended Injury Redefined ................................................................................15
15 .Former Employees as Insureds ............................................................................................15
16.Voluntary Property Damage Coverage and Care,Custody or Control Liability
Coverage ..................................................................................................................................16
17.Broadened Contractual Liability -Work Within 50' of Railroad Property .........................17
18.Alienated Premises .................................................................................................................17
B.Limits of Insurance:
The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse-
ment, except as provided below:
1.Employee Benefit Liability Coverage
Each Employee Limit:$1,000,000
Aggregate Limit:$3,000,000
Deductible Amount:$1,000
3.Damage to Premises Rented to You
The lesser of:
a.The Each Occurrence Limit shown in the Declarations; or
b.$500,000 unless otherwise stated $
4.Supplementary Payments
a.Bail Bonds:$2,500
Includes copyrighted material of Insurance
GA 233 TX 09 17 Services Office, Inc.,with its permission.Page 2 of 17
b.Loss of Earnings:$500
5.Medical Payments
Medical Expense Limit:$10,000
9.Property Damage to Borrowed Equipment
Each Occurrence Limit:$10,000
Deductible Amount:$250
16.Voluntary Property Damage Coverage (Coverage a.)And Care,Custody or Control Liability
Coverage (Coverage b.)
Limits of Insurance
Coverage a.
$1,000 Each Occurrence
$5,000 Aggregate
Coverage b.$5,000 Each Occurrence unless otherwise stated $
Deductible Amount (Each Occurrence)
Coverage a.$250
Coverage b.$250 unless otherwise stated$
COVERAGE PREMIUM BASIS
(a)Area
(b)Payroll
(c)Gross Sales
(d)Units
(e)Other
RATE
(For Limits in Excess of
$5,000)
ADVAN CE PREMIUM
(For Limits in Excess of
$5,000)
b.Care,Custody or
Control $
TOTAL ANNU AL PREMIUM $
Includes copyrighted material of Insurance
GA 233 TX 09 17 Services Office, Inc.,with its permission.Page 3 of 17
C.Coverages
1.Employee Benefit Liability Coverage
a.The following is added to Section I -
Coverages:
Employee Benefit Liability Cover-
age
(1)Insuring Agreement
(a)We will pay those sums that
the insured becomes legally
obligated to pay as damag-
es caused by any act,error
or omission of the insured,
or of any other person for
whose acts the insured is
legally liable,to which this
insuranceapplies.W e will
have the right and duty to
defend the insured against
any "suit"seeking those
damages.However,we will
have no duty to defend
against any "suit"seeking
damages to which this in-
surance does not apply. We
may,at our discretion, in-
vestigate any report of an
act,error or omission and
settle any claim or "suit"that
may result.But:
1)The amount we will pay
for damages is limited
as described in Section
III -Limits of Insur-
ance; and
2)Our right and duty to
defend ends when we
have used up the appli-
cable limit of insurance
in the payment of judg-
ments or settlements.
No other obligation or liabil-
ity to pay sums or perform
acts or services is covered
unless explicitly provided for
under Supplementary
Payments.
(b)This insurance applies to
damages only if the act,er-
ror or omission,is negligent-
ly committed in the "admin-
istration"of your "employee
benefit program"; and
1)Occurs during the policy
period; or
2)Occurred prior to the
"first effective date"of
this endorsement pro-
vided you did not have
knowledge of a claim or
"suit"on or before the
"first effective date"of
this endorsement.
You will be deemed to
have knowledge of a
claim or "suit"when any
"authorized representa-
tive";
a)Reports all,or any
part,of the act,er-
ror or omission to
us or any other in-
surer;
b)Receives a written
or verbal demand
or claim for dam-
ages because of
the act,error or
omission.
(2)Exclusions
This insurance does not apply to:
(a)Bodily Injury,Property
Damage or Personal and
Advertising Injury
"Bodily injury", "property
damage"or "personal and
advertising injury".
(b)Dishonest,Fraudulent,
Criminal or Malicious Act
Damages arising out of any
intentional,dishonest,
fraudulent, criminal or mali-
cious act,error or omission,
committed by any insured,
including the willful or reck-
less violation of any statute.
(c)Failure to Perform a Con-
tract
Damages arising out of fail-
ure of performance of con-
tract by any insurer.
(d)Insufficiency of Funds
Damages arising out of an
insufficiency of funds to
meet any obligations under
any plan included in the
"employee benefit program".
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GA 233 TX 09 17 Services Office, Inc.,with its permission.Page 4 of 17
(e)Inadequacy of Perfor-
mance of Invest-
ment/Advice Given With
Respect to Participation
Any claim based upon:
1)Failure of any invest-
ment to perform;
2)Errors in providing in-
formation on past per-
formance of investment
vehicles;or
3)Advice given to any
person with respect to
that person's decision to
participate or not to par-
ticipate in any plan in-
cluded in the "employee
benefit program".
(f)Workers'Compensation
and Similar Laws
Anyclaim arising out of your
failure to comply with the
mandatory provisions of any
workers'compensation,un-
employment compensation
insurance, social security or
disability benefits law or any
similar law.
(g)ERISA
Damages for which any in-
sured is liable because of li-
ability imposed on a fiduci-
ary by the Employee Re-
tirement Income Security
Act of 1974,as now or
hereafter amended,or by
any similar federal, state or
local laws.
(h)Available Benefits
Any claim for benefits to the
extent that such benefits are
available,with reasonable
effort and cooperation of the
insured,from the applicable
funds accrued or other col-
lecti ble insurance.
(i)Taxes,Fines or Penalties
Taxes, fines or penalties, i n-
cluding those imposed un-
der the Internal Revenue
Code or any similar state or
local law.
(j)Employment-Related Prac-
tices
Any liability arising out of
any:
(1)Refusal to employ;
(2)Termination of employ-
ment;
(3)Coercion,demotion,
evaluation,reassign-
ment,discipline,defa-
mation,harassment,
humiliation,discrimina-
tion or other employ-
ment -related practices,
acts or omissions;or
(4)Consequential liability
as a result of (1),(2)or
(3)above.
This exclusion applies
whether the insured may be
held liable as an employer
or in any other capacity and
to any obligation to share
damages with or repay
someone else who must pay
damages because of the in-
jury.
(3)Supplementary Payments
Section I -Coverages,Sup-
plementary Payments -Cover-
ages A and B also apply to this
Coverage.
b.Who Is An Insured
As respects Employee Benefit Lia-
bility Coverage,Section II -Who is
an Insured is replaced by the follow-
ing:
(1)If you are designated in the Dec-
larations as:
(a)An individual,you and your
spouse are insureds,but on-
ly with respect to the con-
duct of a business of which
you are the sole owner.
(b)A partnership or joint ven-
ture,you are an insured.
Your members,your part-
ners,and their spouses are
also insureds but only with
respect to the conduct of
your business.
(c)A limited liability company,
you are an insured.Your
Includes copyrighted material of Insurance
GA 233 TX 09 17 Services Office, Inc.,with its permission.Page 5 of 17
members are also insureds,
but only with respect to the
conduct of your business.
Your managers are in-
sureds, but only with respect
to their duties as your man-
agers.
(d)An organization other than a
partnership,joint venture or
limited liability company,you
are an insured.Your "execu-
tive officers"and directors
are insureds,but only with
respect to their duties as
your officers or directors.
Your stockholders are also
insureds,but only with re-
spect to their liability as
stockholders.
(e)A trust,you are an insured.
Your trustees are also in-
sureds, but only with respect
to their duties as trustees.
(2)Each of the following is also an
insured:
(a)Each of your "employees"
who is or was authorized to
administer your "employee
benefit program";
(b)Any persons,organizations
or "employees"having prop-
er temporary authorization
to administer your "employ-
ee benefit program"if you
die,but only until your legal
representative is appointed;
or
(c)Your legal representative if
you die,but only with re-
spect to duties as such.That
representative will have all
your rights and duties under
this Coverage Part.
(3)Any organization you newly ac-
quire or form,other than a part-
nership,joint venture or limited
liability company,and over which
you maintain ownership or major-
ity interest,will qualify as a
Named Insured if no other similar
insuranceapplies to that organi-
zation.However,coverage under
this provision:
(a)Is afforded only until the
180th day after you acquire
or form the organization or
the end of the policy period,
whichever is earlier; and
(b)Does not apply to any act,
error or omission that was
committed before you ac-
quired or formed the organi-
zation.
c.Limits of Insurance
As respects Employee Benefit Lia-
bility Coverage,Section III -Limits
of Insurance is replaced by the fol-
lowing:
(1)The Limits of Insurance shown in
Section B.Limits of Insurance,
1.Employee Benefit Liability
Coverage and the rules below fix
the most we will pay regardless
of the number of:
(a)Insureds;
(b)Claims made or "suits"
brought;
(c)Persons or organizations
making claims or bringing
"suits";
(d)Acts, errors or omissions;or
(e)Benefits included in your
"employee benefit program".
(2)The Aggregate Limit shown in
Section B.Limits of Insurance,
1.Employee Benefit Liability
Coverage of this endorsement is
the most we will pay for all dam-
ages because of acts,errors or
omissions negligently committed
in the "administration"of your
"employee benefit program".
(3)Subject to the limit described in
(2)above,the Each Employee
Limit shown in Section B.Limits
of Insurance,1.Employee
Benefit Liability Coverage of
this endorsement is the most we
will pay for all damages sus-
tained by any one "employee",
including damagessustained by
such "employee's"dependents
and beneficiaries, as a result of:
(a)An act, error or omission; or
(b)A series of related acts,er-
rors or omissions,regard-
less of the amount of time
that lapses between such
acts, errors or omissions;
Includes copyrighted material of Insurance
GA 233 TX 09 17 Services Office, Inc.,with its permission.Page 6 of 17
negligently committed in the
"administration"of your "employ-
ee benefit program".
However,the amount paid under
this endorsement shall not ex-
ceed,and will be subject to the
limits and restrictions that apply
to the payment of benefits in any
plan included in the "employee
benefit program."
(4)Deductible Amount
(a)Our obligation to pay dam-
ages on behalf of the in-
sured applies only to the
amount of damages in ex-
cess of the Deductible
Amount stated in the Decl a-
rations as applicable to
Each Employee.The limits
of insurance shall not be re-
duced by the amount of this
deductible.
(b)The Deductible Amount
stated in the Declarations
applies to all damages sus-
tained by any one "employ-
ee", including such "employ-
ee's"dependents andbene-
ficiaries,because of all acts,
errors or omissions to which
this insurance applies.
(c)The terms of this insurance,
including those with respect
to:
1)Our right and duty to
defend the insured
against any "suits"
seeking those damag-
es; and
2)Your duties,and the du-
ties of any other in-
volved insured, in the
event of an act,error or
omission,or claim;
apply irrespectiveof the ap-
plication of the Deductible
Amount.
(d)We may pay any part or all
of the Deductible Amount to
effect settlement of any
claim or "suit"and,uponno-
tification of the action taken,
you shall promptly reim-
burse us for such part of the
Deductible Amount as we
have paid.
d.Ad ditional Conditions
As respects Employee Benefit Lia-
bility Coverage,Section IV -Com-
mercial General Liability Condi-
tions is amended as follows:
(1)Item 2.Duties in the Event of
Occurrence,Offense,Claim or
Suit is replaced by the following:
2.Duties in the Event of An
Act,Error or Omission,or
Claim or Suit
a.You must see to it that
we are notified as soon
as practicable of an act,
error or omission which
may result in a claim.
To the extent possible,
notice should include:
(1)What the act,error
or omission was
and when it oc-
curred; and
(2)The names and
addresses of any-
one who maysuf-
fer damages as a
result of the act,
error or omission.
b.If a claim is made or
"suit"is brought against
any insured,you must:
(1)Immediately record
the specifics of the
claim or "suit"and
the date received;
and
(2)Notify us as soon
as practicable.
You must see to it that
we receive written no-
tice of the claim or "suit"
as soon as practicable.
c.You and any other in-
volved insured must:
(1)Immediately send
us copies of any
demands,notices,
summonses or le-
gal papers re-
ceived in connec-
tion with the claim
or "suit";
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(2)Authorize us to ob-
tain records and
other information;
(3)Cooperate with us
in the investigation
or settlement of the
claim or defense
against the "suit";
and
(4)Assist us,upon our
request,in the en-
forcement of any
right against any
person or organi-
zation which may
be liable to the in-
sured becauseof
an act,error or
omission to which
this insurance may
also apply.
d.No insured will,except
at that insured's own
cost,voluntarily make a
payment,assume any
obligation,or incur any
expense without our
consent.
(2)Item 5.Other Insurance is re-
placed by the following:
5.Other Insurance
If other valid and collectible
insurance is available to the
insured for a loss we cover
under this Coverage Part,
our obligations are limited as
follows:
a.Primary Insurance
This insurance is prima-
ry except when c.below
applies.If this insurance
is primary,our obliga-
tions are not affected
unless any of the other
insurance is also prima-
ry.Then,we will share
with all that other insur-
anceby the method de-
scribed in b.below.
b.Method of Sharing
If all of the other insur-
ance permits con tribu-
tion by equal shares,
we will follow this meth-
od also.Under this ap-
proach each insurer
contributes equal
amounts until it has
paid its applicable limit
of insuranceor none of
the loss remains,
whichever comes first.
If any of the other in-
surance does not permit
contribution by equal
shares, we will contrib-
ute by limits.Under this
method,each insurer's
share is based on the
ratio of its applicable
limit of insurance to the
total applicable limits of
insuranceof all insur-
ers.
c.Excess Insurance
This insurance is ex-
cess over any of the
other insurance,wheth-
er primary,excess, con-
tingent or on any other
basis that is insurance
purchased by you to
coverage damages for
acts,errors or omis-
sions that occurred prior
to the "f irst effective
date".
e. Additional Definitions
As respects Employee Benefit Lia-
bility Coverage,Section V -Defini-
tions is amended as follows:
(1)The following definitions are
added:
1."Administration"means:
a.Providing information to
"employees", i ncluding
their dependents and
beneficiaries,with re-
spect to eligibility for or
scope of "employee
benefit programs";
b.Interpreting the "em-
ployeebenefit pro-
grams";
c.Handling records in
connection with the
"employee benefit pro-
grams"; or
d.Effecting,continuing or
terminating any "em-
ployee's"participation in
Includes copyrighted material of Insurance
GA 233 TX 09 17 Services Office, Inc.,with its permission.Page 8 of 17
any benefit included in
the "employee benefit
program".
However,"administration"
does not include:
a.Handling payroll deduc-
tions; or
b.The failure to effect or
maintain any insurance
or adequate limits of
coverage of insurance,
including but not limited
to unemployment insur-
ance,social security
benefits,workers'com-
pensation and disability
benefits.
2."Cafeteria plans"means
plans authorized by applica-
ble law to allow "employees"
to elect to pay for certain
benefits with pre-tax dollars.
3."Employeebenefit pro-
grams"means aprogram
providing some of all of the
following benefits to "em-
ployees", whether provided
through a "cafeteria plan"or
otherwise:
a.Group life insurance;
group accident or health
insurance;dental, vision
and hearing plans; and
flexible spending ac-
counts;provided that no
one other than an "em-
ployee"maysubscribe
to such benefits and
such benefits are made
generally available to
those "employees"who
satisfy the plan's eligibil-
ity requirements;
b.Profit sharing plans,
employee savings
plans,employee stock
ownership plans,pen-
sion plans and stock
subscription plans,pro-
vided that no one other
than an "employee"
may subscribe to such
benefits and such bene-
fits are made generally
available to all "employ-
ees"who are eligible
under the plan for such
benefits;
c.Unemployment insur-
ance,social security
benefits,workers'com-
pensation and disability
benefits;and
d.Vacation plans,includ-
ing buy and sell pro-
grams;leave of ab-
sence programs,includ-
ing military,maternity,
family,and civil leave;
tuition assistanceplans;
transportation and
health club subsidies.
4."First effective date"means
the date upon which cover-
age was first effected in a
series of uninterrupted re-
newals of insurance cover-
age.
(2)The following definitions are de-
leted in their entirety and re-
placed by the following:
8."Employee"means a person
actively employed,formerly
employed,on leave of ab-
sence or disabled,or retired.
"Employee"includes a
"leased worker". "Employee"
does not include a "tempo-
rary worker".
21."Suit"means a civil proceed-
ing in which money damag-
es because of an act,error
or omission to which this in-
surance applies are alleged.
"Suit"includes:
a.An arbitration proceed-
ing in which such dam-
ages are claimed and to
which the insured must
submit or does submit
with our consent;
b.Any other alternative
dispute resolution pro-
ceeding in which such
damages are cl aimed
and to which the in-
sured submits with our
consent; or
c.An appeal of a civil pro-
ceeding.
Includes copyrighted material of Insurance
GA 233 TX 09 17 Services Office, Inc.,with its permission.Page 9 of 17
2.Unintentional Failure to Disclose Haz-
ards
Section IV -Commercial General Liabil-
ity Conditions,7.Representations is
amended by the addition of the following:
Based on our dependence upon your rep-
resentations as to existing hazards,if un-
intentionally you should fail to disclose all
such hazards at the inception date of your
policy,we will not reject coverage under
this Coverage Part based solely on such
failure.
3.Damage to Premises Rented to You
a.The last Paragraph of 2.Exclusions
under Section I -Coverage A -Bod-
ily Injury and Property Damage Li-
ability is replaced by the following:
Exclusions c.through q.do not apply
to "property damage"by fire,explo-
sion,lightning,smoke or soot to
premises while rented to you or tem-
porarily occupied by you with permis-
sion of the owner,for which the
amount we will pay is limited to the
Damage to Premises Rented to
You Limit as described in Section III
-Limits of Insurance.
b.The insurance provided under Sec-
tion I -Coverage A -Bodily Injury
and Property Damage Liability ap-
plies to "property damage"arisingout
of water damage to premises that are
both rented to and occupied by you.
(1)As respects Water Damage Le-
gal Liability,as provided in Para-
graph 3.b.above:
The exclusions under Section I -
Coverage A -Bodily Injury and
Property Damage Liability,2.
Exclusions,other than i.War
and the Nuclear Energy Liabil-
ity Exclusion (Broad Form),are
deleted and the following are
added:
This insurance does not apply to:
(a)"Property damage":
(i)Assumed in any con-
tract or agreement; or
(ii)Caused by or resulting
from any of the follow-
ing:
1)Wear and tear;
2)Rust or other cor-
rosion,decay,de-
terioration,hidden
or latent defect or
any quality in
property that caus-
es it to damage or
de stroy itself;
3)Smog;
4)Mechanical break-
down,including
rupture or bursting
caused by centrif-
ugal force;
5)Settling,cracking,
shrinking or ex-
pansion;
6)Nesting or infesta-
tion,or discharge
or release of waste
products or secre-
tions, by insects,
birds,rodents or
other animals; or
7)Presence,growth,
proliferation,
spread or any ac-
tivity of fungus,in-
cluding mold or
mildew,and any
mycotoxins,
spores, scents or
byproducts pro-
duced or released
by fungi.
(b)"Property damage"caused
directly or indirectly by any
of the following:
(i)Earthquake,volcanic
eruption,landslide or
any other earth move-
ment;
(ii)Water that backs up or
overflows or is other-
wise discharged from a
sewer,drain,sump,
sump pump or related
equipment;
(iii)Water under the ground
surface pressing on,or
flowing or seeping
through:
1)Foundations,walls,
floors or paved
surfaces;
Includes copyrighted material of Insurance
GA 233 TX 09 17 Services Office, Inc.,with its permission.Page 10 of 17
2)Basements,
whether paved or
not; or
3)Doors,windows or
other openings.
(c)"Property damage"caused
by or resulting from water
that leaks or flows from
plumbing,heating,air condi-
tioning, fire protection sys-
tems,or other equipment,
caused by or resulting from
freezing, unless:
(i)You did your best to
maintain heat in the
building or structure;or
(ii)You drained the equip-
ment and shut off the
water supply if the heat
was not maintained.
(d)"Property damage"to:
(i)Plumbing,heating,air
conditioning, fire protec-
tion systems,or other
equipment or applianc-
es; or
(ii)The interior of any
building or st ructure,or
to personal property in
the building or structure,
caused by or resulting
from rain,snow,sleet or
ice,whether driven by
wind or not.
c.Limit of Insurance
With respect to the insuranceafford-
ed in Paragraphs 3.a.and 3.b.above,
the Damage to Premises Rented to
You Limit as shown in the Declara-
tions is amended as follows:
(1)Paragraph 6.of Section III -
Limits of Insurance is replaced
by the following:
6.Subject to Paragraph 5.
above,the Damage to
Premises Rented to You
Limit is the most we will pay
under Coverage A -Bodily
Injury and Property Dam-
age Liability for damages
because of "property dam-
age"to any one premises:
a.W hile rented to you,or
temporarily occupied by
you with permission of
the owner;
b.In the case of damage
by fire,explosion,light-
ning,smoke or soot,
while rented to you;or
c.In the case of damage
by water,while rented
to and occupied by you.
(2)The most we will pay is limited as
described in Section B.Limits of
Insurance,3.Damage to Prem-
ises Rented to You of this en-
dorsement.
4.Supplementary Payments
Under Section I -Supplementary Pay-
ments -Coverages A and B:
a.Paragraph 2.is replaced by the fol-
lowing:
Up to the limit shown in Section B.
Limits of Insurance,4.a.Bail Bonds
of this endorsement for cost of bail
bonds requiredbecause of accidents
or traffic law violations arising out of
the use of any vehicle to which the
Bodily Injury Liability Coverage ap-
plies.W e do not have to furnish these
bonds.
b.Paragraph 4.is replaced by the fol-
lowing:
All reasonable expenses incurred by
the insured at our request to assist us
in the investigation or defense of the
claim or "suit", including actual loss of
earnings up to the limit shown in Sec-
tion B.Limits of Insurance,4.b.
Loss Of Earnings of this endorsement
per day because of time off from
work.
5.Medical Payments
The Medical Expense Limit of Any One
Person as stated in the Declarations is
amended to the limit shown in Section B.
Limits of Insurance, 5.Medical Pay-
ments of this endorsement.
6.180 Day Coverage for Newly Formed or
Acquired Organizations
Section II -Who is an Insured is
amended as follows:
Subparagraph a.of Paragraph 3.is re-
placed by the following:
Includes copyrighted material of Insurance
GA 233 TX 09 17 Services Office, Inc.,with its permission.Page 11 of 17
a.Insurance under this provision is af-
forded only until the 180th day after
you acquire or form the organization
or the end of the policy period,
whichever is earlier;
7.Waiver of Subrogation
Section IV -Commercial General Liabil-
ity Conditions,9.Transfer of Rights of
Recovery Against Others to us is
amended by the addition of the following:
We waive any right of recovery we may
have against any person or organization
against whom you haveagreed to waive
such right of recovery in a written contract
or agreement because of payments we
make for injury or damage arising out of
your ongoing operations or "your work"
done under a written contract or agree-
ment with that person or organization and
included in the "products-completed oper-
ations hazard". However,our rights may
only be waived prior to the "occurrence"
giving rise to the injury or damage for
which we make payment under this Cov-
erage Part.The insured must do nothing
after a loss to impair our rights. At our re-
quest,the insured will bring "suit"or trans-
fer those rights to us and help us enforce
those rights.
8.Au tomatic Additional Insured -Speci-
fied Relationships
a.The following is added to Section II -
Who is an Insured:
(1)Any person(s)or organization(s)
described in Paragraph 8.a.(2)of
this endorsement (hereinafter re-
ferred to as additional insured)
whom you are required to add as
an additional insured under this
Coverage Part by reason of a
written contract,written agree-
ment, written permit or written
authorization.
(2)Only the following persons or or-
ganizations are additional in-
sureds under this endorsement,
and insurance coverage provided
to such additional insureds is li m-
ited as provided herein:
(a)Managers or Lessors of
Premises
The manager or lessor of a
premises leased to you with
whom you have agreed per
Paragraph 8.a.(1)of this en-
dorsement to provide insur-
ance,but only with respect
to liability arising out of the
ownership,maintenance or
use of that part of the prem-
ises leased to you,subject
to the following additional
exclusions:
This insurance does not ap-
ply to:
(i)Any"occurrence"which
takes place after you
cease to be a tenant in
that premises;
(ii)Structural alterations,
new construction or
demolition operations
performed by or on be-
half of such additional
insured.
(b)Lessor of Leased Equip-
ment
Any person or organization
from whom you lease
equipment when you and
such person(s)or organiza-
tion(s)have agreed per Par-
agraph 8.a.(1)of this en-
dorsement to provide i nsur-
ance.Such person(s)or or-
ganization(s)are insureds
only with respect to liability
for "bodily injury", "property
damage"or "personal and
advertising injury"caused,in
whole or in part,by your
maintenance,operation or
use of equipment leased to
you by such person(s)or or-
ganization(s).A person's or
organization's status as an
additional insured under this
endorsement ends when
their contract or agreement
with you for such leased
equipment ends.However,
this insurance does not ap-
ply to any "occurrence"
which takes place after the
equipment lease expires.
(c)Vendors
Any person or organization
(referred to below as ven-
dor)with whom you have
agreed per Paragraph
8.a.(1)of this endorsement
to provide insurance,but on-
ly with respect to "bodily in-
jury"or "property damage"
Includes copyrighted material of Insurance
GA 233 TX 09 17 Services Office, Inc.,with its permission.Page 12 of 17
arising out of "your products"
which are distributed or sold
in the regular course of the
vendor's business,subject
to the following additional
exclusions:
(i)The insurance afforded
the vendor does not
apply to:
1)"Bodily injury"or
"property damage"
for which the ven-
dor is obligated to
pay damages by
reason of the as-
sumption of liability
in a contract or
agreement. This
exclusion does not
apply to liability for
damages that the
vendor would have
in the absence of
the contract or
agree ment;
2)Any express war-
ranty unauthorized
by you;
3)Any physical or
chemical change in
the product made
intentionally bythe
vendor;
4)Repackaging,ex-
cept when un-
packed solely for
the purpose of in-
spection,demon-
stration,testing,or
the substitution of
parts under in-
structionsfrom the
manufacturer,and
then repackaged in
the original con-
tainer;
5)Any failure to make
such inspections,
adjustments, tests
or servicing as the
vendor has agreed
to makeor normal-
ly undertakes to
make in the usual
course of busi-
ness, in connection
with the distribution
or sale of the
products;
6)Demonstration,in-
stallation, servicing
or repair opera-
tions, except such
operations per-
formed at the ven-
dor's premises in
connection with the
sale of the product;
7)Products which,af-
ter distribution or
sale by you,have
been labeled or re-
labeled or used as
a container,part or
ingredient of any
other thing or sub-
stance by or for the
vendor; or
8)"Bodily injury"or
"property damage"
arisingout of the
sole negligence of
the vendor for its
own acts or omis-
sions or those of
its employees or
anyoneelse acting
on its behalf.How-
ever,this exclusion
does not apply to:
a)The excep-
tions contained
in Paragraphs
(c)(i)4)or 6)
of this en-
dorsement;or
b)Such inspec-
tions, adjust-
ments, tests or
servicing as
the vendor has
agreed to
make or nor-
mally under-
takes to make
in the usual
courseof
business, in
connection
with the distri-
bution or sale
of the prod-
ucts.
Includes copyrighted material of Insurance
GA 233 TX 09 17 Services Office, Inc.,with its permission.Page 13 of 17
(ii)This insurance does not
apply to any insured
person or organization:
1)From whom you
haveacquired
such products,or
any ingredient,part
or container,enter-
ing into,accompa-
nying or containing
such products; or
2)When liability in-
cluded within the
"products-
completed opera-
tions hazard"has
been excluded un-
der this Coverage
Part with respect to
such products.
(d)State or Governmental
Ag ency or Subdivision or
Political Subdivision -
Permits or Authorizations
Relating to Premises
Any state or governmental
agency or subdivision or po-
litical subdivision with which
you have agreed per Para-
graph 8.a.(1)of this en-
dorsement to provide insur-
ance, subject to the follow-
ing additional provision:
This insurance applies only
with respect to the following
hazards for which the state
or governmental agency or
subdivision or political sub-
division has issuedapermit
or authorization in connec-
tion with premises you own,
rent or control and to which
this insurance applies:
(i)The existence,mainte-
nance,repair,construc-
tion,erection or removal
of advertising signs,
awnings, canopies, cel-
lar entrances, coal
holes,driveways,man-
holes,marquees, hoist
away openings,side-
walk vaults,street ban-
ners or decorations and
similar exposures;or
(ii)The construction,erec-
tion or removal of eleva-
tors;or
(iii)The ownership,mainte-
nance or use of any el-
evators covered by this
insurance.
(e)Mortgagee,Assignee or
Receiver
Any person or organization
with whom you have agreed
per Paragraph 8.a.(1)of this
endorsement to provide in-
surance,but only with re-
spect to their liability as
mortgagee,assignee,or re-
ceiver and arisingout of the
ownership,maintenance,or
use of the premises by you.
However,this insurance
does not apply to structural
alterations, new construction
and demolitionoperations
performed by or for that per-
son or organization.
(3)The insurance afforded to addi-
tional insureds described in Par-
agraph 8.a.(1)of this endorse-
ment:
(a)Only applies to the extent
permitted by law; and
(b)Will not be broader than that
which you are required by
the written contract,written
agreement,written permit or
written authorization to pro-
vide for such additional in-
sured; and
(c)Does not apply to any per-
son,organization,vendor,
state,governmental agency
or subdivision or political
subdivision,specifically
named as an additional in-
sured under any other provi-
sion of,or endorsement
added to,this Coverage
Part,provided such other
provision or endorsement
covers the injury or damage
for which this insurance ap-
plies.
b.With respect to the insurance afford-
ed to the additional insureds de-
scribed in Paragraph 8.a.(1)of this
endorsement, the following is added
to Section III -Limits of Insurance:
The most we will pay on behalf of the
additional insured is the amount of in-
surance:
Includes copyrighted material of Insurance
GA 233 TX 09 17 Services Office, Inc.,with its permission.Page 14 of 17
(1)Required by the written contract,
written agreement,written permit
or writtenauthorization described
in Paragraph 8.a.(1)of this en-
dorsement; or
(2)Available under the applicable
Limits of Insurance shown in the
Declarations;
whichever is less.
This endorsement shall not increase
the applicable Limits of Insurance
shown in the Declarations.
c.Section IV -Commercial General
Liability Conditions is amended to
include the following:
Automatic Additional Insured Pro-
vision
This insuranceapplies only if the
"bodily injury"or "property damage"
occurs,or the "personal and advertis-
ing injury"offense is committed:
(1)During the policy period; and
(2)Subsequent to your execution of
the written contract or written
agreement,or the issuance of a
writtenpermit or written authori-
zation,described in Paragraph
8.a.(1).
d.Section IV -Commercial General
Liability Conditions is amended as
follows:
Condition 5.Other Insurance is
amended to include:
Primary and Noncontributory In-
surance
This insurance is primary to and will
not seek contribution from any other
insuranceavailable to an additional
insured per Paragraph 8.a.(1)of this
endorsement provided that:
(1)The additional insured is a
Named Insured under suchother
insurance; and
(2)You have agreed in writing in a
contract,agreement,permit or
authorization described in 8.a.(2)
of this endorsement that this in-
surance would be primary and
would not seekcontribution from
any other insurance available to
the additional insured.
9.Property Damage to Borrowed Equip-
ment
a.The following is added to Exclusion
2.j.Damage to Property under Sec-
tion I -Coverage A -Bodily Injury
and Property Damage Liability:
Paragraphs (3)and (4)of this exclu-
sion do not apply to tools or equip-
ment loaned to you, provided they are
not being used to perform operations
at the time of loss.
b.With respect to the insurance provid-
ed by this sectionof theendorse-
ment,the following additional provi-
sions apply:
(1)The Limits of Insurance shown in
the Declarations are replaced by
the limits designated in Section
B.Limits of Insurance,9.
Property Damage to Borrowed
Equipment of this endorsement
with respect to coverage provid-
ed by this en dorsement.These
limits are inclusive of and not in
addition to the limits being re-
placed.The Limits of Insurance
shown in Section B.Limits of
Insurance,9.Property Damage
to Borrowed Equipment of this
endorsement fix the most we will
pay in any one "occurrence"re-
gardless of the number of:
(a)Insureds;
(b)Claims made or "suits"
brought; or
(c)Persons or organizations
making claims or bringing
"suits".
(2)Deductible Clause
(a)Our obligation to pay dam-
ages on your behalf applies
only to the amount of dam-
ages for each "occurrence"
which are in excess of the
Deductible Amount stated in
Section B.Limits of Insur-
ance,9.Property Damage
to Borrowed Equipment of
this endorsement.The limits
of insurance will not be re-
duced by the application of
such deductible amount.
(b)Section IV -Commercial
General Liability Condi-
tions,2.Duties in the
Event of Occurrence,of-
Includes copyrighted material of Insurance
GA 233 TX 09 17 Services Office, Inc.,with its permission.Page 15 of 17
fense,Claim or Suit,ap-
plies to each cl aim or "suit"
irrespective of the amount.
(c)We may pay any part or all
of the deductible amount to
effect settlement of any
claim or "suit"and,uponno-
tification of the action taken,
you shall promptly reim-
burse us for such part of the
deductible amount as has
been paid by us.
10.Employees as Insureds -Specified
Health Care Services and Good Samar-
itan Services
Paragraph 2.a.(1)(d)under Section II -
Who is an Insured does not apply to:
a.Your "employees"who provide pro-
fessional health care services on your
behalf as a duly licensed nurse,
emergency medical technician or
paramedic in the jurisdiction where an
"occurrence"or offense to which this
insurance applies takes place; or
b.Your "employees"or "volunteer work-
ers", other than an employed or vol-
unteer doctor,providing first aid or
good samaritan services during their
work hours for you will be deemed to
be acting within the scope of their
employment by you or performing du-
ties related to the conduct of your
business.
11 .Broadened Notice of Occurrence
Paragraph a.of Condition 2. Duties in the
Event of Occurrence,Offense,Claim or
Suit under Section IV -Commercial
General Liability Conditions is replaced
by the following:
a.You must see to it that we are notified
as soon as practicable of an "occur-
rence"or an offense which may result
in a claim.To the extent possible,no-
tice should include:
(1)How,when and where the "oc-
currence"or offense took place;
(2)The names and addresses of
any injured persons and wit-
nesses;and
(3)The nature and location of any
injury or damage arising out of
the "occurrence"or offense.
This requirement applies only when
the "occurrence"or offense is known
to an "authorized representative".
12 .Nonowned Aircraft
The following is added to Exclusion 2.g.
Aircraft,Au to or Watercraft under Sec-
tion I -Coverage A -Bodily Injury and
Property Damage Liability:
This exclusion does not apply to an air-
craft you do not own, provided that:
a.The pilot in command holds a current
effective certificate,issued by a duly
constituted authority of the United
States of America or Canada,desig-
nating that person as a commercial or
airline transport pilot;
b.The aircraft is rented with a trained,
paid crew;and
c.The aircraft does not transport per-
sons or cargo for a charge.
13 .Bodily Injury Redefined
Section V -Definitions,4."Bodily injury"
is replaced by the following:
4."Bodily injury"means bodily harm or
injury,sickness,disease,disability,
humiliation, shock,fright,mental an-
guish or mental injury,including care,
loss of services or death resulting
from any of these at any time.
14 .Expected or Intended Injury Redefined
The last sentence of Exclusion 2.a.Ex-
pected or Intended Injury under Section
I -Coverage A -Bodily Injury and
Property Damage Liability is replaced by
the following:
This exclusion does not apply to "bodily
injury"or "property damage"resulting from
the use of reasonable force to protect per-
sons or property.
15 .Former Employeesas Insureds
The following is added to Paragraph 2.
under Section II -Who is an Insured:
2.Each of the following is also an in-
sured:
Any of your former "employees", di-
rectors,managers,members,part-
ners or "executive officers", including
but not limited to retired,disabled or
those on leave of absence,but only
for acts within the scope of their em-
ployment by you or for duties related
to the conduct of your business.
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GA 233 TX 09 17 Services Office, Inc.,with its permission.Page 16 of 17
16.Voluntary Property Damage Coverage
a.Coverage D -Voluntary Property
Damage Coverage
Section I -Coverages is amended to
include the following:
(1)Insuring Agreement
(a)We will pay the cost to re-
pair or replace "property
damage"to property of oth-
ers arising out of operations
incidental to your business
when:
1)Damage is caused by
you;or
2)Damage occurs while in
your possession.
At your written request,we
will make this payment re-
gardless of whether you are
at fault for the "property
damage".
If you,at our request,re-
place,or make any repairs
to,damaged property of
others,the amount we will
pay under Voluntary Prop-
erty Damage Coverage will
be determined by your actu-
al cost to replaceor repair
the damaged property,ex-
cluding any profit or over-
head.
Any payment we makeun-
der Voluntary Property
Damage Coverage shall not
be interpreted as an admis-
sion of liability by you or by
us.
It shall be your duty,not our
duty,to defend any cl aim or
"suit"to which this insurance
applies.
No other obligation or liabil-
ity to pay sums or perform
acts or services is covered.
(b)This insurance applies to
"property damage"only if:
1)The "property damage"
takes place in the "cov-
erage territory"; and
2)The "property damage"
occurs during the policy
period.
(2)Exclusions
This insurance does not apply to
"property damage"that would be
excluded by Coverage A -Bodi-
ly Injury and Property Damage
Liability,2.Exclusions,except
for j.Damage to Property,par-
agraphs (3),(4),(5)and (6),k.
Damage to Your Product, and l.
Damage to Your Work.
(3)Definitions
For purposes of Voluntary
Property Damage Coverage
only,the following definitions un-
der Section V -Definitions are
replaced by the following:
16."Occurrence"means an in-
cident,including continuous
or repeated exposure to
substantially the same gen-
eral harmful conditions that
result in "property damage".
20."Property damage"means
physical injury to tangible
property."Electronic data"is
not tangible property,and
"property damage"does not
include disappearance,ab-
straction or theft.
b.Care,Custody or Control Liability
Coverage
For purposes of the coverage provid-
ed by Care,Custody or Control Li-
ability Coverage in this endorsement
only:
(1)Section I -Coverage A -Bodily
Injury and Property Damage
Liability, 2.Exclusions, j.
Damage to Property,Subpara-
graphs (3),(4)and (5)do not ap-
ply to "property damage"to the
property of others described
therein.
(2)It shall be your duty, not our duty,
to defendany claim or "suit"to
which this insurance applies.
No other obligation or liability to
pay sums or perform acts or ser-
vices is covered.
This Paragraph (2)supersedes
any provision in the Coverage
Part to the contrary.
(3)"Property damage"for which
Care,Custody or Control Lia-
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GA 233 TX 09 17 Services Office, Inc.,with its permission.Page 17 of 17
bility Coverage providescover-
age shall be deemed to be
caused by an "occurrence"but
shall not serve to limit or restrict
the applicability of any exclusion
for "property damage"under this
Coverage Part.
c.Limits of Insurance and Deducti-
bles
For purposes of the coverage provid-
ed by Voluntary Property Damage
Coverage and Care,Custody or
Control Liability Coverage,Section
III -Limits of Insurance is amended
to include the following:
(1)The Limits of Insurance shown in
the Declarations are replaced by
the limits designated in Section
B.Limits of Insurance,16.
Voluntary Property Damage
Coverage and Care,Custody
or Control Liability Coverage,
in this endorsement.These limits
are inclusive of,and not in addi-
tion to,the limits being replaced.
The Limits of Insurance shown in
the Schedule fix the most we will
pay regardless of the number of:
(a)Insureds;
(b)Claims made or "suits"
brought; or
(c)Persons or organizations
making claims or bringing
"suits".
(2) (a)
Subject to (3)below,the
Voluntary Property Dam-
age Coverage,Each Occur-
rence Limit Of Insurance is
the most we will pay for the
sum of damages under Vol-
untary Property Damage
Coverage;
(b)The Care,Custody or Con-
trol Liability Coverage,
Each Occurrence Limit Of
Insurance is the most we will
pay for the sum of damages
under Care,Custody or
Control Liability Coverage;
because of all "property damage"
arisingout of any one "occur-
rence".
(3)The Voluntary Property Dam-
age Coverage,Aggregate Limit
of Insurance is the most we will
pay for the sum of all damages
under Voluntary Property
Damage Coverage.This limit
applies separately to each "cov-
erage term".
(4)Deductible Clause
(a)Our obligation to pay dam-
ages on your behalf applies
only to the amount of dam-
ages for each "occurrence"
which are in excess of the
Deductible Amount stated
for the applicable coverage
in the Schedule.The limits
of insurance will not be re-
duced by the application of
such Deductible Amount.
(b)Section IV -Commercial
General Liability Condi-
tions,2.Duties in the
Event of Occurrence,of-
fense,Claim or Suit,ap-
plies to each cl aim or "suit"
irrespective of the amount.
(c)We may pay any part or all
of the Deductible Amount to
effect settlement of any
claim or "suit"and,uponno-
tification of the action taken,
you shall promptly reim-
burse us for such part of the
Deductible Amount as has
been paid by us.
17.Broadened Contractual Liability -Work
Within 50'of Railroad Property
Section V -Definitions,12."Insured con-
tract"is amended as follows:
a.Paragraph c.is replaced by the fol-
lowing:
c.Any easement or license agree-
ment;
b.Paragraph f.(1)is deleted in its entire-
ty.
18. Alienated Premises
Exclusion 2.j.Damage to Property,
Paragraph (2)under Section I -Cover-
age A -Bodily Injury and Property
Damage Liability does not apply if the
premises are "your work".
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Includes copyrighted material of Insurance
GA 472 09 18 Services Office, Inc., with its permission.Page 1 of 3
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS ADDITIONAL INSURED-AU TOMATIC STATUS
AND AUTOMATIC WAIVER OF SUBROGATION
WHEN REQUIRED IN WRITTEN CONTRAC T,AGREEMENT,
PERMIT OR AU THORIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A.Ad ditional Insured -Owners,Lessees Or
Contractors -Automatic StatusFor Other
Parties When Required In Written Contract
Or Agreement With You
1.Section II -Who Is An Insured is
amended to include as an additionalin-
sured any person or organization you
haveagreed in writing in a contract or
agreement to add as an additionalin-
sured onthis Coverage Part.Suchper-
son(s)or organization(s)is an additional
insured only with respect to liability for:
a."Bodily injury", "property damage"or
"personal and advertising injury"
caused,in whole or in part,by the
performance of your ongoing opera-
tions by you or on your behalf,under
that written contract or written
agreement.Ongoing operations does
not apply to "bodily injury"or "proper-
ty damage"occurring after:
(1)All work,including materials,
parts or equipment furnished in
connection with such work,on
the project (other than service,
maintenance or repairs)to be
performed by or on behalf of the
additionalinsured(s)at the loca-
tion of the coveredoperations
has been completed; or
(2)That portion of"your work"out of
which the injury or damage aris-
es has been put to its intended
use by any person or organiza-
tion other than another contrac-
tor or subcontractor engaged in
performing operations for a prin-
cipal as a part of the same pro-
ject; and
b."Bodily injury"or "property damage"
caused,inwhole or in part,by "your
work"performed under that written
contract or written agreement and in
cluded in the "products-completed
operations hazard", but only if:
(1)The Coverage Part to which this
endorsement is attached pro-
vides coverage for "bodily injury"
or "property damage"included
within the "products-completed
operations hazard"; and
(2)The written contract or written
agreement requires youto pro-
vide additional insured coverage
included within the "products-
completed operations hazard "
for that person or organization.
If the written contract or written
agreement requires you to provide
additional insured coverage included
within the "products-completed oper-
ations hazard"for a specified length
of time for that person or organiza-
tion,the "bodily injury"or "property
damage"must occur prior to the ex-
piration of that period of time in order
for this insurance to apply.
If the written contract or written
agreement requires you to provide
additional insured coverage for a
person or organization per only ISO
additional insured endorsement form
number CG 20 10,withoutspecifying
an edition date,and without specifi-
cally requiring additionalinsured
coverage included within the “prod-
ucts-completed operations hazard”,
this Paragraph b.does not apply to
that person or organization.
2.If the written contract or written agree-
ment described in Paragraph 1.above
specifically requires you to provide addi-
tionalinsured coverage to that person or
organization:
a.Arising out of your ongoing opera-
tions or arising out of "your work"; or
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GA 472 09 18 Services Office, Inc., with its permission.Page 2 of 3
b.By way of an edition of an ISO addi-
tional insured endorsementthat in-
cludes arising out of your ongoing
operations or arising out of "your
work";
thenthephrase caused,in whole or in
part,b y in Paragraph A.1.a.and/or Para-
graph A.1.b.above,whichever applies,is
replaced by the phrase arising out of.
3.With respect to the insurance afforded to
the additionalinsureds described in Para-
graph A.1.,the following additional exclu-
sion applies:
This insurancedoes not apply to "bodily
injury", "property damage"or "personal
and advertising injury"arisingout of the
rendering of,or the failure to render,any
professional architectural,engineering or
surveying services, including:
a.The preparing,approving or failing to
prepare or approve,maps,shop
drawings,opinions,reports,surveys,
field orders,change orders or draw-
ings and specifications; or
b.Supervisory,inspection,architectural
or engineering activities.
This exclusion applies even if the claims
against any insured allegenegligence or
other wrongdoing in the supervision,hir-
ing,employment,training or monitoring of
others by that insured,if the "occurrence"
which caused the "bodily injury"or "prop-
erty damage",or the offense which
caused the "personal and advertising inju-
ry",involved the rendering of,or the fail-
ure to render,any professional architec-
tural,engineering or surveying services.
4.This Paragraph A.does not apply to addi-
tional insureds described in Paragraph B.
B.Ad ditional Insured -State Or Governmental
Ag ency Or Subdivision Or Political Subdi-
vision -Au tomatic Status When Required
In Written Permits Or Authorizations
1.Section II -Who Is An Insured is
amended to include as an additionalin-
sured anystate or governmental agency
or subdivision or politicalsubdivision you
have agreed in writing inacontract,
agreement,permit or authorization to add
as an additional insuredonthis Coverage
Part.Such state or governmental agency
or subdivision or politicalsubdivision is an
additional insured only with respect to op-
erations performed by you or on your be-
half for whichthestate or governmental
agency or subdivision or political subdivi-
sion issued,in writing,a contract,agree-
ment, permit or authorization.
2.With respect to the insuranceafforded to
the additionalinsureds described in Para-
graph B.1.,the following additional excl u-
sions apply:
This insurance does not apply to:
a."Bodily injury", "property damage"or
"personal and advertising injury"aris-
ing out of operations performed for
the federal government,state or mu-
nicipality; or
b."Bodily injury"or "property damage"
included within the "products-
completed operations hazard."
C.The insurance afforded to additionalinsureds
described in Paragraphs A.and B.:
1.Only applies to the extent permitted by
law;and
2.Will not be broader thanthat which you
are required by the written contract,writ-
ten agreement,written permit or written
authorization to provide for such addition-
al insured; and
3.Does not apply to any person,organiza-
tion,state,governmental agency or sub-
division or politicalsubdivision specifically
named as an additional insured for the
same project in the schedule of an en-
dorsement added to this Coverage Part.
D.With respect to the insuranceafforded tothe
additional insureds described in Paragraphs
A.and B.,the following is added to Section III
-Limits Of Insurance:
Themost we will pay on behalf of the addi-
tional insured is the amount of insurance:
1.Required by the written contract,written
agreement,written permit or writtenau-
thorization described in Paragraphs A.
and B.; or
2.Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increasetheappli-
cable Limits of Insurance shown intheDecla-
rations.
E.Section IV -Commercial General Liability
Conditions is amended to add the following:
Au tomatic Additional Insured Provision
This insuranceapplies only if the "bodily inju-
ry"or "property damage"occurs,or the "per-
sonal and advertising injury"offense is com-
mitted:
1.During the policy period; and
Includes copyrighted material of Insurance
GA 472 09 18 Services Office, Inc., with its permission.Page 3 of 3
2.Subsequent to your execution of the writ-
ten contract or written agreement,or the
issuance of a written permit or written au-
thorization,described in Paragraphs A.
and B.
F.Except when G.below applies,the following is
addedtoSection IV -Commercial General
Liability Conditions,5.Other Insurance,
and supersedes any provision to the contrary:
When Other Additional Insured Coverage
Ap plies On An Excess Basis
This insurance is primary to other insurance
available to the additionalinsured described in
Paragraphs A.and B.except:
1.As otherwise provided in Section IV -
Commercial General Liability Condi-
tions,5.Other Insurance,b.Excess In-
surance; or
2.For any other valid and collectible insur-
ance available to the additional insured as
an additional insured by attachment of an
endorsement to another insurance policy
that is written on an excess basis.In such
case, this insurance is also excess.
G.Thefollowing is addedtoSection IV -Com-
mercial General Liability Conditions,5.
Other Insurance,and supersedes any provi-
sion to the contrary:
Primary Insurance When Required By Writ-
ten Contract,Agreement,Permit Or Au-
thorization
Except when wrap-up insurance applies to the
claim or "suit"on behalf of the additionalin-
sured,this insurance is primary to any other
insuranceavailabletothe additionalinsured
described in Paragraphs A.and B.provided
that:
1.The additional insured is a Named In-
sured under such other insurance; and
2.You have agreed in writing in a contract,
agreement,permit or authorization de-
scribed in Paragraph A.or B.thatthis in-
surance would be primaryto any other in-
surance available totheadditionalin-
sured.
As used in this endorsement,wrap-up insur-
ance means any insuranceprovided by a con-
solidated (wrap-up) insurance program.
PrimaryAnd Noncontributory Insurance
When Required By Written Contract,
Ag reement, Permit Or Authorization
Except when wrap-up insurance applies to the
claim or "suit"on behalf of the additionalin-
sured,this insurance is primary to and will not
seek contribution from any other insurance
available to the additionalinsured described in
Paragraphs A.and B.provided that:
1.The additional insured is a Named In-
sured under such other insurance; and
2.You have agreed in writing in a contract,
agreement,permit or authorization de-
scribed in Paragraph A.or B.thatthis in-
surance would be primary and would not
seek contribution from any other insur-
ance availableto the additional insured.
As used in this endorsement,wrap-up insur-
ance means any insuranceprovided by a con-
solidated (wrap-up) insurance program.
H.Section IV -Commercial General Liability
Conditions,9.Transfer Of Rights Of Re-
coveryAgainst OthersToUs is amended by
the addition of thefollowing:
We waive any right of recovery we may have
against any additionalinsured under this en-
dorsement against whom you have agreed to
waive such right of recovery in a written con-
tract,written agreement,writtenpermit or writ-
ten authorization because of payments we
make for injury or damage arising out of your
ongoing operations or "your work"done under
a written contract,written agreement,written
permit or written authorization.However,our
rights may only be waived prior tothe "occur-
rence"giving risetothe injury or damage for
which we make payment under this Coverage
Part.The insured must do nothing after a loss
to impair our rights.At our request,the insured
will bring "suit"or transfer thoserights to us
and help us enforce those rights.
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