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HomeMy WebLinkAboutContract 62127CITY OF FORT WORTH, TEXAS CSC NO. 62127 STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality ("CITY"), and Teague Nall and Perkins, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Benbrook Lake Park Facilities Inventory and Assessment Phase I — Project No. 105762. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to $92,700.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12-08-2023 Page 1 of 15 Benbrook Lake Park Facilities Inventory and Assessment Phase I Project No. 105762 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Designation of Engineer's Personnel (1) The ENGINEER and CITY shall agree upon the designation of the ENGINEER's "Project Manager" prior to starting work on contract. (2) ENGINEER shall inform CITY in writing of a proposed change to their designated project manager prior to making the change or immediately upon receiving notification that the designated project manager is separating employment with the ENGINEER. (3) ENGINEER shall provide resumes to the CITY of the proposed replacement project manager(s), who shall have similar qualifications and experience as the outgoing person, for review and approval. D. 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. City of Fort Worth, Texas Benbrook Lake Park Facilities Inventory and Assessment Phase I Standard Agreement for Engineering Related Design Services Project No. 105762 Revised Date: 12-08-2023 Page 2 of 15 (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. E. 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. F. 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 City of Fort Worth, Texas Benbrook Lake Park Facilities Inventory and Assessment Phase I Standard Agreement for Engineering Related Design Services Project No. 105762 Revised Date: 12-08-2023 Page 3 of 15 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. G. 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. H. 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. City of Fort Worth, Texas Benbrook Lake Park Facilities Inventory and Assessment Phase I Standard Agreement for Engineering Related Design Services Project No. 105762 Revised Date: 12-08-2023 Page 4 of 15 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. J. 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 (as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), Engineer acknowledges the MBE and WBE goals established for this Agreement 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. K. 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 City of Fort Worth, Texas Benbrook Lake Park Facilities Inventory and Assessment Phase I Standard Agreement for Engineering Related Design Services Project No. 105762 Revised Date: 12-08-2023 Page 5 of 15 subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. L. 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. M. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondent superior shall not apply. N. 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. O. 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. P. 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, City of Fort Worth, Texas Benbrook Lake Park Facilities Inventory and Assessment Phase I Standard Agreement for Engineering Related Design Services Project No. 105762 Revised Date: 12-08-2023 Page 6 of 15 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. Q. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. City of Fort Worth, Texas Benbrook Lake Park Facilities Inventory and Assessment Phase I Standard Agreement for Engineering Related Design Services Project No. 105762 Revised Date: 12-08-2023 Page 7 of 15 E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (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. City of Fort Worth, Texas Benbrook Lake Park Facilities Inventory and Assessment Phase I Standard Agreement for Engineering Related Design Services Project No. 105762 Revised Date: 12-08-2023 Page 8 of 15 (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. City of Fort Worth, Texas Benbrook Lake Park Facilities Inventory and Assessment Phase I Standard Agreement for Engineering Related Design Services Project No. 105762 Revised Date: 12-08-2023 Page 9 of 15 C. Force Majeure CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, City of Fort Worth, Texas Benbrook Lake Park Facilities Inventory and Assessment Phase I Standard Agreement for Engineering Related Design Services Project No. 105762 Revised Date: 12-08-2023 Page 10 of 15 commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all City of Fort Worth, Texas Benbrook Lake Park Facilities Inventory and Assessment Phase I Standard Agreement for Engineering Related Design Services Project No. 105762 Revised Date: 12-08-2023 Page 11 of 15 claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER 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" City of Fort Worth, Texas Benbrook Lake Park Facilities Inventory and Assessment Phase I Standard Agreement for Engineering Related Design Services Project No. 105762 Revised Date: 12-08-2023 Page 12 of 15 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 ENGINEER acknowledges that in accordance with Chapter 2276 of the Texas Government Code, 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 2276 of the Texas Government Code. To the extent that Chapter 2276 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, 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. 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 City of Fort Worth, Texas Benbrook Lake Park Facilities Inventory and Assessment Phase I Standard Agreement for Engineering Related Design Services Project No. 105762 Revised Date: 12-08-2023 Page 13 of 15 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 same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER Teague Nall and Perkins, Inc. Jesica McEachern Assistant City Manager Nicholas Nelson OCt 16, 2024 Director of Landscape Architecture Date: Date: Sep 26, 2024 ATTEST: 9FOR, naa p aoF00000 o, � a U pig o•1P Pvo °=d $pogo o� KC Jannette Goodall p q lEZP544 City Secretary APPROVAL RECOMMENDED: SP By: 7 SP JY Richard Zavala Director, Park & Recreation Department OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Benbrook Lake Pa k Facilities Invento y and Assessment Phase I Standard Agreement for Engineering Related Design Services Project No. 105762 Revised Date: 12-08-2023 Page 14 of 15 APPROVED AS TO FORM AND LEGALITY By:Douglas Black (Oct 8, 202411:51 CDT) Douglas W Black Sr. Assistant City Attorney Contract Compliance Manager: M&C No M&C Date N/A N/A 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. Carlos M. Gonzalez Park Planner City of Fort Worth, Texas Benbrook Lake Park Facilities Inventory and Assessment Phase I Standard Agreement for Engineering Related Design Services Project No. 105762 Revised Date: 12-08-2023 Page 15 of 15 **** t n p ATTACHMENT 'A' SCOPE OF SERVICES The City of Fort Worth Park & Recreation Department (CFW PARD) is in discussion with the US Army Corps of Engineers (USACE) to take over management of USACE owned properties surrounding Benbrook Lake, this includes 1,750.96 Park Acreage / 2,598.06 Unnamed Properties. A management agreement is currently being drafted and reviewed by the two parties. This phase of inventory and assessment will include the following USACE parks - Rocky Creek Park, Bear Creek Campground, Mustang Park, and approximately 1,210 acres of unnamed properties as illustrated, see ATTACHMENT 'E'. Rocky Creek Park and Marina - inventory and assessment were initiated by the CLIENT prior to this agreement and will serve as go -bye for this project. This effort excludes Dutch Branch Park, which is managed by the City of Benbrook, and Pecan Valley Park and Golf Course, which is managed by CFW PARD, under a separate agreement. The City of Fort Worth will provide the consultant with the following materials to assist with the project: • GIS shapefiles for mapping the park and its facilities. • Facility assessment report for Rocky Creek Park (located within Benbrook Lake parks). • Benbrook Lake Master Plan prepared by USACE. Teague Nall and Perkins, Inc., (CONSULTANT) shall render the following professional services necessary for the development of the project. Below are the assumptions and qualifiers for the scope of work found herein. The scope of services includes, but is not limited to: Included: 1. Work to be included is stated below and illustrated in "ATTACH EMENT D" (Location). 2. Work includes coordination with appropriate consultant team members such as the CLIENT, USACE, and project team. Excluded: The following items are not included in the scope of this work. 1. Public meetings or community involvement 2. 3D visualizations 3. Detailed construction plans or landscape or irrigation plans 4. Road layout or engineering 5. Permitting of any kind 6. Preparation of grant documents such as TPWD or recreation grants 7. Work outside the areas shown on Attachment D 8. Any Lighting or Electrical plans 9. Any Survey, drone, or construction staking work 10. Any Structural Engineering 11. Any Environmental studies, Wetland studies, Cultural Resource Assessments, or permits 12. Any Geotechnical investigations 13. Any TAS permitting 14. Any SUE work (Subsurface Utility location or engineering services) 15. Franchise utility plans or coordination 16. Multiple design alternatives beyond those "submittals" described herein or significant site plan revisions following acceptance at each given phase of review documents. 17. Building architectural services Project Name: Benbrook Lake Park Facilities Inventory and Assessment Phase 1 Client: City of Fort Worth TNP Project #: FTW Page 5 **** t n p 18. Presentations, documents, or plans required for "Special Exceptions", Variances or Zoning changes required by the design solutions chosen by the CLIENT. 19. Improvements or changes to any curbs or paving 20. Improvements to adjacent streets or in any ROW 21. Preliminary or final plat preparation, zoning applications, zoning exhibits 22. Property research and real property surveying for easements beyond what is stated herein, rights -of -ways or plats 23. Preparation of real property transfer documents, exhibits or plats 24. Participation in real property acquisition 25. LEED or SITES certifications 26. Flood Studies, FEMA floodplain map amendments, or studies (CLOMR, LOMA, LOMR, etc.). BASIC SERVICES A. SUBMITTALS & COORDINATION MEETINGS A member of the CONSULTANT team will attend meetings and to coordinate with other team members and the CLIENT during the inventory and assessment phase. Checklists will be used for consistent valuation of park facilities (Attachment 'E'). A comprehensive report detailing the inventory and assessment of existing facilities within the Benbrook Lake parks managed by USACE will be submitted as outlined below for CLIENT and/or governmental review. The consultant shall deliver the following: Included in this item: Official review of one (1) submittal at each of the following milestones: Site Inventory CONSULTANT shall visit each site to inventory existing facilities. ■ Deliverable: Prepare site inventory exhibits based on findings. Findings shall be geo-referenced. Results shall be presented in a report/exhibit style format with photos as appropriate. Site Assessment CONSULTANT shall use checklists to consistently assess existing facilities. ■ Deliverable: Prepare facility assessment exhibits based on inventory. Valuations shall include facility reports and notes. Results shall be presented in a report/exhibit style format with photos as appropriate. Incorporate CLIENT feedback. Final Facility Report CONSULTANT shall prepare a final, full -color report. The report should include: ■ Tabulated inventory of all facilities with descriptions and specifications. ■ Geo-referenced photo documentation of each inventoried facility. ■ Summary of current USACE work orders and identified deferred maintenance needs. ■ Cost estimates for improving/repairing or replacing existing facilities based on the assessment. Not included in this item: ■ Construction drawings of any kind ■ Any work beyond the inventory/assessment phase ■ Traffic studies ■ Any interface with franchise utilities or local stakeholders Project Name: Benbrook Lake Park Facilities Inventory and Assessment Phase 1 Client: City of Fort Worth TNP Project #: FTW Page 6 **** t n p B. FACILITIES INVENTORY The CONSULTANT team will provide and coordinate the following inventory services with other team members and the CLIENT during this phase. Inventories will be documented and submitted as outlined below for CLIENT and/or governmental review. Included in this item: Inventorying Existing Facilities: Develop a detailed inventory of all existing facilities within the Benbrook Lake parks managed by USACE. This includes but is not limited to the following: ■ Gatehouses and restroom buildings ■ Shade structures ■ Roads and parking areas ■ Boat ramps ■ Hard and soft surface paths ■ Signage ■ Fences and other structures Photo Documentation: Capture high -quality digital photographs of each inventoried facility. Geotag each photo using GPS coordinates. Photos and GPS coordinates will ultimately be loaded into the City's Vueworks asset management database by city staff. C. FACILITIES ASSESSMENT The CONSULTANT team will provide and coordinate the following assessment services with other team members and the CLIENT during this phase. Assessments will be documented via consistent checklists and submitted as outlined below for CLIENT and/or governmental review. Included in this item: Facility Assessment: A written description electrical, plumbing, ADA Compliance and finish. of the current condition including structural, Coordination with USACE: Collaborate with USACE staff to ensure a clear understanding of existing facilities and their management practices. Work Order and Deferred Maintenance Documentation: Review and document current USACE work orders and identify deferred maintenance items for inventoried facilities. Cost Estimates: Develop cost estimates for repairing, improving, or replacing existing facilities based on the assessment findings. D. FINAL FACILITIES REPORT The CONSULTANT will provide a final inventory and assessment facility report for the project. Included in this item: ■ A final draft report demonstrating format and intent in providing each topic of the inventory and assessment. Following client approval, the remainder of the work will be provided in this format. ■ Finalized cost estimates. Project Name: Benbrook Lake Park Facilities Inventory and Assessment Phase 1 Client: City of Fort Worth TNP Project #: FTW Page 7 **** t n p ■ One (1) set of revisions to the report following client comment and input. Additional revisions shall be at hourly rates. ■ Final report. Not included in this item: ■ Design standards for any section not specifically identified in this section. ■ Three dimensional renderings, site plan layouts or construction details. E. REIMBURSABLE EXPENSES A fee equal to 3% of labor billings shall be included on each monthly invoice for prints, plots, photocopies, plans or documents on CD, DVD or memory devices, and mileage. No individual or separate accounting of these items will be performed by TNP. Project Name: Benbrook Lake Park Facilities Inventory and Assessment Phase 1 Client: City of Fort Worth TNP Project #: FTW Page 8 ** tnp ATTACHMENT 'B' COMPENSATION The services described in Attachment A Scope of Services shall be provided for a total fee of $92,700 (Ninety -Two Thousand Seven Hundred Dollars). The overall fee total shown shall not be exceeded without prior written authorization from the CLIENT. Payment for the services described in Attachment A Scope of Services shall be invoiced to the CLIENT monthly, based upon the percentage completed for each task. Below is a fee breakdown by basic and special services as described in Attachment A Scope of Services: Benbrook Lake Park Facilities Inventory and Assessment Phase 1 Task Basic Services Billing Type Fee A. Submittals & Coordination Meetings $ 6,000 B. Inventory $ 45,560 C. Assessment $ 30,440 D. Final Report $ 8,000 E. Reimbursable Expenses (3%) $ 2,700 Total Fee for Basic Services $ 92,700 Project Name: Benbrook Lake Park Facilities Inventory and Assessment Phase 1 Client: City of Fort Worth TNP Project #: FTW Page 9 **** t n p ATTACHMENT B.1 Teague Nall and Perkins, Inc. 2024 Standard Hourly Rates Effective January 1, 2024 to December 31, 2024 Hourly Billing Engineering/Landscape Architecture/ROW Rate Principal or Director $310.00 Team Leader $285.00 Senior Project Manager $280.00 Project Manager $240.00 Senior Engineer $290.00 Project Engineer $190.00 Senior Structural Engineer $295.00 Structural Engineer $210.00 Engineer III/IV $170.00 Engineer 1/11 $145.00 Senior Landscape Architect/Planner $290.00 Landscape Architect / Planner $210.00 Landscape Designer $150.00 Senior Designer $195.00 Designer $170.00 Senior CAD Technician $165.00 CAD Technician $130.00 IT Technician $190.00 Clerical $90.00 ROW Manager $265.00 Senior ROW Agent $195.00 ROW Agent $155.00 Relocation Agent $195.00 ROW Tech $110.00 Intern $90.00 Hourly Billing Surveying Rate Survey Manager $310.00 Registered Professional Land Surveyor (RPLS) $265.00 Field Coordinator $160.00 S.I.T. or Senior Survey Technician $155.00 Survey Technician $140.00 1-Person Field Crew w/Equipment** $170.00 2-Person Field Crew w/Equipment** $200.00 3-Person Field Crew w/Equipment** $225.00 Project Name: Benbrook Lake Park Facilities Inventory and Assessment Phase 1 Client: City of Fort Worth TNP Project #: FTW Page 10 4-Person Field Crew w/Equipment** Flagger Abstractor (Property Deed Research) Small Unmanned Aerial Systems (sUAS) Equipment & Crew Terrestrial Scanning Equipment & Crew Utility Management, Utility Coordination, and SUE Senior Utility Coordinator Utility Coordinator SUE Field Manager Sr. Utility Location Specialist Utility Location Specialist 1-Person Designator Crew w/Equipment*** 2-Person Designator Crew w/Equipment*** 2-Person Vac Excavator Crew w/Equip (Exposing Utility Only) Core Drill (equipment only) SUE QL-A Test Hole (0 < 8 ft)**** SUE QL-A Test Hole (> 8 < 15 ft)**** Construction Management, Construction Engineering and Inspection (CEI) Construction Inspector 1/11 Construction Inspector III Senior Construction Inspector Construction Manager Senior Construction Manager Direct Cost Reimbursables **** t n p $245.00 $65.00 $105.00 $475.00 $290.00 Hourly Billing Rate $190.00 $170.00 $190.00 $180.00 $135.00 $165.00 $220.00 (4 hr. $335.00 min.) $830.00 $2,400.00 $2,900.00 Hourly Billing Rate $120.00 $140.00 $160.00 $235.00 $280.00 A fee equal to 3% of labor billings shall be included on each monthly invoice for prints, plots, photocopies, plans or documents on CD, DVD or memory devices, and mileage. No individual or separate accounting of these items will be performed by TNP. Any permit fees, filing fees, or other fees related to the project and paid on behalf of the client by TNP to other entities shall be invoiced at 1.10 times actual cost. Notes: All subcontracted and outsourced services shall be billed at rates comparable to TNP's billing rates above or cost times a multiplier of 1.10. Rates shown are for 2024 and are subject to change in subsequent years. `* Survey equipment may include truck, ATV, Robotic Total Station, GPS Units and Digital Level. `** Includes crew labor, vehicle costs, and field supplies. per day each each Project Name: Benbrook Lake Park Facilities Inventory and Assessment Phase 1 Client: City of Fort Worth TNP Project #: FTW Page 11 ATTACHMENT'13.2' SAMPLE INVOICE Teague, Nall & Perkins, Inc. 5237 N. Riverside Drive Suite 100 Fort Worth, TX 76137 817-336-5773 Client Name Contact Person Address Project Name Contract No. Professional services rendered for the month ending Invoice number Date ** tnp Employee Category Staff Hours Rate Total Project Manager CAE 9.00 $175.00 $1,575.00 RPLS TWS 1.00 $195.00 $195.00 Senior Survey Technician MOH 1.00 $140.00 $140.00 Survey Technician EWW 2.00 $110.00 $220.00 Team Leader JMB 0.25 $230.00 $57.50 1-Person Field Crew JWW 2.50 $145.00 $362.50 2-Person Field Crew JWW 4.00 $175.00 $700.00 Labor Subtotal $3,250.00 3% Expenses Fee $97.50 Hourly Total $3,347.50 Invoice total 1 $3,347.501 Project Name: Benbrook Lake Park Facilities Inventory and Assessment Phase 1 Client: City of Fort Worth TNP Project #: FTW Page 12 **** t n p ATTACHMENT V PROJECT SCHEDULE CONSULTANT shall endeavor to accomplish the work in accordance with the proposed schedule. The anticipated project start date is in September 2024 with a completion timeframe of March 2025. A detailed schedule will be coordinated with the CLIENT within ten (10) days of receiving the notice to proceed. Project Name: Benbrook Lake Park Facilities Inventory and Assessment Phase 1 Client: City of Fort Worth TNP Project #: FTW Page 13 **** t n p ATTACHMENT 'E' LOCATION MAP The polygons below indicate the project limits. The project area for this phase includes approximately 21127 acres of land in and adjacent to Lake Benbrook, in Fort Worth, Texas. Project Name: Benbrook Lake Park Facilities Inventory and Assessment Phase 1 Client: City of Fort Worth TNP Project #: FTW Page 14 **** t n p ATTACHMENT'F' INSURANCE REQUIREMENTS Project Name: Benbrook Lake Park Facilities Inventory and Assessment Phase 1 Client: City of Fort Worth TNP Project #: FTW Page 15 This Endorsement Changes the Policy. Please Read It Carefully. COMMERCIAL GENERAL LIABILITY ENHANCEMENT This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or expenses described in any of the provisions of this endorsement may be broadened, excluded or limited by another endorsement to this Coverage Part, and the coverage -broadening provisions herein may be broadened, or not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. 1. NON -OWNED WATERCRAFT Under Section I —Coverage A., paragraph 2, Exclusions, item (2) of the Aircraft, Auto or Watercraft exclusion is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry persons or property for a charge; The exception in (2) does not apply if the insured has any other insurance for "bodily injury" or "property damage" that would also apply to this extension of coverage or would apply except for the exhaustion of its limits whether the other insurance is primary, excess, contingent or on any other basis. 2. REASONABLE FORCE EXTENSION Under Section I — Coverage A, paragraph 2. Exclusions, the Expected or Intended Injury exclusion is deleted and replaced by the following:' This insurance does not apply to: Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 3. PROPERTY DAMAGE COVERAGE EXTENSIONS A. Under Section I - Coverage A, paragraph 2. Exclusions, the Damage To Property exclusion is replaced by the following: Damage To Property "Property Damage" to (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; 0619 Includes copyrighted material of SGL 02 001 ( ) Insurance Services Office, Inc., with Page 1 of 9 its permission. (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should reasonably have been known by you, at the time the property was transferred or abandoned; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to "property damage" to equipment you borrow from others at a job site. Paragraphs (3), (4) and (6) of this exclusion do not apply to "property damage" caused by the use of an elevator at premises you own, rent or occupy. This insurance is excess over any valid and collectible insurance available to any insured whether primary, excess, contingent or any other basis. Paragraph (6) of this exclusion does not apply to "property damage" included in the ,,products -completed operations hazard". B. The following is added to the Damage to Your Product exclusion: This exclusion does not apply to "property damage" to "your product" while on, being moved onto or off of an elevator; or liability assumed under a sidetrack agreement. This insurance is excess over any other valid and collectible insurance available to any insured whether primary, excess, contingent or on any other basis. C. Under Section I — Coverage A, the last paragraph after the exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. This limit will apply to all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke or leakage from fire protective systems or any combination thereof. D. Under Section III — Limits Of Insurance, item 6. is replaced by the following: 6. Subject to paragraph 5. above, the higher of: 0619 Includes copyrighted material of SGL 02 001 ( ) Insurance Services Office, Inc., with Page 2 of 9 its permission. a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations; is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke or leakage from fire protective systems, while rented to you or temporarily occupied by you with permission of the owner. E. Under Section IV— Commercial General Liability Conditions, paragraph b. (1) (a) (ii) under the Other Insurance condition is replaced by the following: (ii) That is Fire, Lightning, Explosion, Smoke or Leakage from Fire Protective Systems insurance for premises rented to you or temporarily occupied by you with permission of the owner; F. Under the Definitions Section, paragraph a. of the Insured Contract definition is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or leakage from fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". 4. BROAD FORM PERSONAL AND ADVERTISING INJURY A. Under Section I —Coverage B - Personal And Advertising Injury Liability, the Contractual Liability exclusion is deleted. B. Under the Definitions Section, the following offense is added to the definition of "personal and advertising injury": h. Vicarious liability for discrimination based on a person's age, color, national origin, race, religion or sex (unless insurance thereof is prohibited by law), but only if such discrimination is: (1) Not done intentionally by or at the direction of: (a) The insured; (b) Any "executive officer", director, stockholder, partner, spouse of a partner, member, spouse of a member, manager or trustee of the insured; and (2) Not related directly or indirectly to an "employee" or to the employment, prospective employment or termination of employment of any person by an insured. 5. MEDICAL PAYMENTS — INCREASED LIMITS A. Item 1. a. (3) (b) of Section I - Coverage C - Medical Payments is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and B. Under Section III — Limits Of Insurance, paragraph 7 is replaced by the following: 7. Subject to Paragraph 5. above, the higher of: a. $15,000; or b. The amount shown in the Declarations for Medical Expense Limit; 0619 Includes copyrighted material of SGL 02 001 ( ) Insurance Services Office, Inc., with Page 3 of 9 its permission. is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 6. SUPPLEMENTARY PAYMENTS INCREASED LIMITS Under Supplementary Payments — Coverages A And B, paragraphs 1. b. and 1. d. are replaced by the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. 7. BROADENED INSURED STATUS Under Section II — Who Is An Insured, the following changes are made: A. BROAD NAMED INSURED The following is added: Any legally incorporated entity of which you own more than 50% of the voting stock is an insured. However, this insurance does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization or "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. Coverage for any such organization will cease as of the date during the policy period on which you no longer maintain more than 50% of the voting stock. B. PARTNERSHIPS AND JOINT VENTURES The last paragraph of Section II — Who Is An Insured beginning "No person or organization is an insured...." is replaced by the following: You are an insured with respect to the conduct of any current or past partnership or joint venture, but only with respect to your interest in such current or past partnership or joint venture. No other person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. C. FELLOW EMPLOYEE COVERAGE The following is added to paragraph 2. a. (1): However, paragraphs (a) through (c) above do not apply to "bodily injury" caused by your "employees" or "volunteer workers" to: (1) A co — "employee"; or (2) A co- "volunteer worker"; in the course of the co- "employee's" employment by you or while performing duties related to the conduct of your business or the "volunteer workers" while performing duties related to the conduct of your business. D. INCIDENTAL MEDICAL MALPRACTICE COVERAGE The following is added to item 2. a.(1)(d): 0619 Includes copyrighted material of SGL 02 001 ( ) Insurance Services Office, Inc., with Page 4 of 9 its permission. However, this limitation does not apply to the rendering or failure to render the following professional healthcare services by any licensed physician, dentist, nurse or other medical practitioner that is your "employee" or "volunteer worker" while performing such services on your behalf and while acting within the scope of his or her license: i. Medical, paramedical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or ii. The furnishing or dispensing of drugs or medical or dental supplies; provided that, you are not in the business or occupation of providing any professional healthcare services. This extension of coverage does not apply to punitive or exemplary damages if coverage of such is permitted by statute or case law. The insurance provided by this extension of coverage is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. E. NEWLY ACQUIRED ORGANIZATIONS Paragraph 3. a. is replaced by the following: a. Coverage under this provision is afforded until the end of the policy period; F. MANAGERS OR LESSORS OF PREMISES The following is added as an additional insured: Managers or lessors of premises leased to you are insureds but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor added by this provision. G. LESSORS OF LEASED EQUIPMENT The following is added as an additional insured: Any person or organization from whom you lease equipment is an insured, but only: 1. When you and such person or organization have agreed in writing in a contract or agreement that the person or organization be added as an additional insured under the insurance as is afforded under this policy; 2. Only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. H. USERS OF WATERCRAFT The following is added as an additional insured: 0619 Includes copyrighted material of SGL 02 001 ( ) Insurance Services Office, Inc., with Page 5 of 9 its permission. Any person, who with your consent, either uses or is responsible for the use of a watercraft to which this insurance applies is an insured, but only for their liability arising out of the use or operation of that watercraft on your behalf. I. VENDORS The following is added as an additional insured: Any person or organization who is a vendor of "your products", but only with respect to liability for "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. With respect to the insurance afforded to these vendors, the following additional exclusions apply: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to the liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container entering into, accompanying or containing such products. J. ADDITIONAL INSUREDS — CONTROLLING INTEREST The following is added as an additional insured: Any person or organization that has a controlling interest of you, but only with respect to their liability arising out of: 1. Their financial control of you; or 2. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. K. ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT The following is added as an additional insured: 0619 Includes copyrighted material of SGL 02 001 ( ) Insurance Services Office, Inc., with Page 6 of 9 its permission. Any person or organization that does not otherwise qualify as an insured under any other provision of this insurance is an insured to the extent that you are required by written contract, written agreement or written permit to name such person or organization as an insured, but only with respect to "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of "your work" for the additional insured(s) at the location(s) designated in the written contract, written agreement or written permit; or b. In connection with your premises owned by or rented to you. However, with respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) Unless the written contract or written agreement has been executed or the written permit has been issued prior to the "bodily injury", "property damage" or "personal and advertising injury"; (2) To "bodily injury", "property damage" or "personal and advertising injury" occurring after: (a) The termination date of any requirement to add additional insureds in any such contract, agreement or permit; or (b)The end of this policy period; whichever comes first; or (3) To the rendering or failure to render any professional service. L. The insurance afforded such additional insureds under items 7. F through 7. K: a. Applies only to the extent permitted by law; and b. If required by a written contract, written agreement or written permit, coverage provided the additional insured will not be broader than that which you are required by the written contract, written agreement or written permit to provide for such additional insured. M. With respect to the insurance afforded these additional insureds under 7. F through 7. K, the following is added to Section III — Limits of Insurance: If coverage provided to any additional insured is required by a written contract, written agreement or written permit, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract, agreement or permit; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This provision will not increase the applicable Limits of Insurance shown in the Declarations. 8. PRIMARY AND NON-CONTRIBUTORY — OTHER INSURANCE CONDITION Under Section IV — Commercial General Liability Conditions, the following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy, provided that: 0619 Includes copyrighted material of SGL 02 001 ( ) Insurance Services Office, Inc., with Page 7 of 9 its permission. (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract, agreement or permit that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 9. KNOWLEDGE AND NOTICE OF OCCURRENCE Under Section IV — Commercial General Liability Conditions, paragraphs e. and f. are added to the Duties In The Event of Occurrence, Offense, Claim or Suit condition as follows: Your rights afforded under this policy will not be prejudiced if you fail to give us notice of an "occurrence", offense or claim, solely due to your reasonable and documented belief that the "bodily injury", "property damage" or "personal and advertising injury" is not covered under this policy. You must give us prompt notice of an "occurrence", offense, claim or loss only when the "occurrence" offense, claim or loss is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An "executive officer" or director, if you are a corporation; (4) A member, if you are a limited liability company; (5) A trustee, if you are a trust; or (6) An "employee' designated by you to give us such a notice. 10. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under Section IV — Commercial General Liability Conditions, the following is added to the Representations condition: We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy, provided such failure is not intentional and you report such failure to us as soon as practicable after its discovery. However, we reserve the right to charge additional premium for any such hazard. 11. WAIVER OF SUBROGATION Under Section IV — Commercial General Liability Conditions, the following is added to the Transfer of Rights of Recovery Against Others To Us condition: If the insured has waived those rights in a written contract, written agreement or written permit executed before loss, our rights are waived also. 12. BODILY INJURY REDEFINED Under the Definitions Section, the definition of "bodily injury" is replaced by the following: "Bodily injury" means bodily injury, disability, mental anguish, mental injury, shock, fright, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. 13. MOBILE EQUIPMENT REDEFINED Under the Definitions Section, paragraph f. of the definition of "mobile equipment" is replaced by the following: f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. 0619 Includes copyrighted material of SGL 02 001 ( ) Insurance Services Office, Inc., with Page 8 of 9 its permission. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment' but will be considered "autos", unless weighing less than 10,000 pounds gross vehicle weight, designed for use off public roads and not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged: (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 14. LIBERALIZATION If we adopt a change in our forms or rules that would broaden the coverage of this policy without additional premium, the broader coverage will apply to this policy when the change becomes effective in your state. This endorsement forms a part of Policy Number: CPMS1050YO Insured: Teague Nall & Perkins, Inc. Effective Date: 0619 Includes copyrighted material of SGL 02 001 ( ) Insurance Services Office, Inc., with Page 9 of 9 its permission. Policy Number: CPMS1050yo CG 24 04 12 19 Insured Name: Teague Nall & Perkins, Inc. Number: Effective Date: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule Name Of Person(s) Or Organization(s): Any person or organization you have agreed in a written and executed contract, prior to an "occurrence", that you would provide such person or organization a waiver of transfer of rights of recovery against others to us on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 This Endorsement Changes the Policy. Please Read It Carefully. NOTICE TO CERTIFICATE HOLDER OR DESIGNATED ENTITY - CANCELLATION This endorsement modifies all coverage parts included in this policy. SCHEDULE PERSON OR ORGANIZATION City of Fort Worth Park & See below ADDRESS Recreation Department 4200 South Freeway Suite 2200 NUMBER OF DAYS NOTICE OF CANCELLATION FOR NONPAYMENT OF 30 days PREMIUM ONLY: (If box is left blank, notice will not be sent.) NUMBER OF DAYS NOTICE OF CANCELLATION FOR ALL REASONS OTHER THAN NONPAYMENT OF 10 days PREMIUM: (If box is left blank, notice will not be sent.) If we cancel this policy for any statutorily permitted reason, we will mail notice of cancellation to the Scheduled person or organization at the address shown in the Schedule above. We will mail this notice of cancellation for nonpayment of premium and for all other statutory reasons other than nonpayment of premium at least the number of days shown in the Schedule above as applicable. However, failure to send such notice or send it within the specified time period will not rescind the cancellation. Any person(s) or organization(s) that is entitled to receive the notice as is afforded under this endorsement pursuant to a written contract or agreement entered into with you, provided that, the address and contact information for such person(s) or organization(s) is on file with your insurance broker, agent or producer. This endorsement forms a part of Policy Number: CPMS1050YO Effective Date: Insured: Teague Nall & Perkins, Inc. Includes copyrighted material of SIL 02 022 (0119) Insurance Services Office, Inc., with Page 1 Of 1 its permission. This Endorsement Changes the Policy. Please Read It Carefully. COMMERCIAL AUTOMOBILE ENHANCEMENT This endorsement modifies coverage provided under the following: BUSINESS AUTO COVERAGE FORM 1. BROADENED INSURED COVERAGE Under Section II — COVERED AUTOS LIABILITY COVERAGE, the following changes are made: A. BROAD NAMED INSURED The following is added to A. Coverage, paragraph 1. Who Is An Insured: d. Any legally incorporated entity of which you own more than 50% of the voting stock on the effective date of this coverage part is an insured. B. ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT The following is added to A. Coverage, paragraph 1. Who Is An Insured: e. Any person or organization, not otherwise identified as an "insured" in this coverage or by endorsement to this coverage, that you are required by written contract, written agreement or written permit to name as an "insured". However, such person or organization is an "insured" only: (1) With respect to the operation, maintenance or use of a covered "auto"; and (2) For "bodily injury" or "property damage" caused by an "accident" which takes place after: (a) You executed the written contract or written agreement; or (b) The permit has been issued to you. The insurance provided under item B. above applies on a primary basis if that is required by the written contract, written agreement or written permit. Coverage under this provision is limited to the minimum limits of liability stipulated in that written contract, written agreement or written permit or the amount of loss not to exceed the Limit of Liability shown in the Declarations, whichever is less. C. EMPLOYEES AS INSUREDS The following is added to A. Coverage, paragraph 1. Who Is An Insured: f. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. FELLOW EMPLOYEE COVERAGE B. Exclusions, paragraph 5. Fellow Employee is deleted and replaced with the following: Includes copyrighted material of SCA 01 002 (0718) Insurance Services Office, Inc. with Page 1 of 4 its permission. "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. However, we will cover "bodily injury" caused by your "employee" to his or her fellow "employee" if the "bodily injury" results from the use of a covered "auto". 2. ADDITIONAL SUPPLEMENTARY PAYMENTS Section II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, paragraph 2.a. Coverage Extensions, Supplementary Payments, items (2) and (4) are deleted and replaced by the following: (2) Up to $5000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 3. KNOWLEDGE AND NOTICE OF OCCURRENCE Section IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, paragraph 2. Duties In The Event Of Accident, Claim, Suit Or Loss, item a. is deleted and replaced by the following and item d. is added: a. In the event of an "accident", claim, "suit" or "loss" you must give us or our authorized representative prompt notice of the "accident" or "loss" when the "accident", claim, "suit" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership or joint venture; (3) An "executive officer" or director if you are an organization other than a partnership, joint venture or limited liability company; (4) A member, if you are a limited liability company; (5) A trustee if you are a trust; or (6) An "employee" designated by you to give us such a notice. This notice should include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. d. Your rights afforded under this policy will not be prejudiced if you fail to give us notice of an "accident", claim, "suit" or "loss", solely due to your reasonable and documented belief that the "bodily injury" or "property damage" is not covered under this policy. Includes copyrighted material of SCA 01 002 (0718) Insurance Services Office, Inc. with Page 2 of 4 its permission. 4. WAIVER OF SUBROGATION The following is added to Section IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, paragraph 5. Transfer of Rights of Recovery Against Other To Us: If the insured has waived those rights prior to the "accident" or "loss", our rights are waived also. 5. UNINTENTIONAL ERRORS AND OMISSIONS The following is added to Section IV - BUSINESS AUTO CONDITIONS, B. General Conditions, paragraph 2. Concealment, Misrepresentation Or Fraud: We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy, provided such failure is not intentional and you report the failure to us as soon as practicable after its discovery. However, we reserve the right to charge additional premium for any such hazard. 6. BROADENED PHYSICAL DAMAGE COVERAGE Under Section III — PHYSICAL DAMAGE COVERAGE, the following changes are made: A. WAIVER OF DEDUCTIBLE — GLASS REPAIR The following is added to D. Deductible: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. B. ADDITIONAL TRANSPORTATION EXPENSES A. Coverage, 4. Coverage Extensions, paragraph a. Transportation Expenses is deleted and replaced by the following: We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". C. ADDITIONAL LOSS OF USE EXPENSES A. Coverage, 4. Coverage Extensions, paragraph b. Loss Of Use Expenses is deleted and replaced by the following: For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicates that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes of Loss only if the Declarations indicates that Specified Causes of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicates that Collision Coverage is provided for any covered "auto". Includes copyrighted material of SCA 01 002 (0718) Insurance Services Office, Inc. with Page 3 of 4 its permission. However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $1500. D. COST TO RECOVER STOLEN AUTO The following is added to A. Coverage, 4. Coverage Extensions. We will pay reasonable and necessary expenses incurred by you to return a stolen, covered "auto" from the place where it is recovered to its usual garaging place. The most we will pay for such expenses is $1000. This Coverage Extension does not apply if your business is selling, servicing or repairing "autos". E. PERSONAL EFFECTS COVERAGE The following is added to A. Coverage, 4. Coverage Extensions. In the event of a total theft of a covered "auto", we will pay for personal effects owned by an "insured" and in or on the covered "auto" at the time of "loss". The most we will pay for such personal effects is $500 per "loss". No deductibles apply to this Personal Effects Coverage. F. AIRBAGS — ACCIDENTAL DISCHARGE COVERAGE The following is added to B. Exclusions, paragraph 3. This exclusion does not apply to the accidental or unintended discharge of an airbag. The most we will pay for such "loss" is $1000. This coverage is excess over any other collectible insurance or warranty. G. VEHICLE WRAP COVERAGE The following is added to A. Coverage, 4. Coverage Extensions. In the event of a total "loss" to a covered "auto" and in addition to the actual cash value of the covered "auto", we will pay up to $1000 to repair or replace vehicle wraps displayed on the "auto" at the time of "loss". The most we will pay under the Vehicle Wrap Coverage is $5000 for any one "loss", regardless of the number of covered "autos" deemed a total "loss". For the purpose of this coverage, vehicle wraps are full color, graphic images printed on vinyl film and attached to an "auto". 7. ADDITIONAL DEFINITIONS The following is added to Section V — DEFINITIONS: "Executive Officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any similar governing document. This endorsement forms a part of Policv Number: GHP30036535101 Effective Date: Insured: Teague Nall & Perkins, Inc. 5237 N. Riverside Drive, Ste. 100 Fort Worth, TX 76137 Includes copyrighted material of SCA 01 002 (0718) Insurance Services Office, Inc. with Page 4 of 4 its permission. POLICY NUMBER: GHP30036535101 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Teague Nall & Perkins, Inc. Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): Any pers on or organization for who or which you are required by written contract or agreement to obtain this waiver from us. You must agree to that requirement prior to loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the 'loss" under a contract with that person or organization. CA 04 44 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 This Endorsement Changes the Policy. Please Read It Carefully. NOTICE TO CERTIFICATE HOLDER OR DESIGNATED ENTITY - CANCELLATION This endorsement modifies all coverage parts included in this policy. SCHEDULE PERSON OR ORGANIZATION City of Fort Worth Park & See below ADDRESS Recreation Department 4200 South Freeway Suite 2200 NUMBER OF DAYS NOTICE OF CANCELLATION FOR NONPAYMENT OF 30 days PREMIUM ONLY: (If box is left blank, notice will not be sent.) NUMBER OF DAYS NOTICE OF CANCELLATION FOR ALL REASONS OTHER THAN NONPAYMENT OF 10 days PREMIUM: (If box is left blank, notice will not be sent.) If we cancel this policy for any statutorily permitted reason, we will mail notice of cancellation to the Scheduled person or organization at the address shown in the Schedule above. We will mail this notice of cancellation for nonpayment of premium and for all other statutory reasons other than nonpayment of premium at least the number of days shown in the Schedule above as applicable. However, failure to send such notice or send it within the specified time period will not rescind the cancellation. Any person(s) or organization(s) that is entitled to receive the notice as is afforded under this endorsement pursuant to a written contract or agreement entered into with you, provided that, the address and contact information for such person(s) or organization(s) is on file with your insurance broker, agent or producer. This endorsement forms a part of Policy Number: GHP30036535101 Effective Date: Insured: Teague Nall & Perkins, Inc. Includes copyrighted material of SIL 02 022 (0119) Insurance Services Office, Inc., with Page 1 Of 1 its permission. iV � X i utua WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 a.m. standard time, forms a part of: Policy no. 0001211663 of effective on Issued to: Teague Nall & Perkins, Inc. IL4,Ae Authorized representative PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 WC 42 03 04 B