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Home My WebLink AboutContract 64120CSC No. 64120 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement ("Agreement") is between the City of Fort Worth, a Texas home-rule municipality ("City"), and ECS Southwest, LLP, authorized to do business in Texas ("Consultant"), for a project generally described as Geotechnical and Material Testing Services for City Infrastructure Projects. Article I Scope of Services (1)Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2)Additional services, if any, will be memorialized by an amendment to this Agreement. (3)All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to $1,000,000.00 ("Contract Amount") in accordance with the Fee Schedule shown 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. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant 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 Ill Term Time is of the essence. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to City of Fort Worth, Texas Standard Agreement for Professional Services Page 1 of a the schedule, whichever occurs first, unless terminated in accordance with the terms of this Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant's work or work product shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. City of Fort Worth, Texas Standard Agreement for Professional Services Page 2 of 8 Article VII � ACORD certificate of insurance Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article VIII Force Majeure City and Consultant 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. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30-days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". Article XI Right to Audit (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate City of Fort Worth, Texas Standard Agreement for Professional Services Page 3 of 8 workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor(s), involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article XII Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees or its subcontractor(s). Article XIII Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work underAgreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Consultant shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, City of Fort Worth, Texas Standard Agreement for Professional Services Page 4 of 8 shall have the right to immediately terminate Agreement for violations of this provision by Consultant. Article XIV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. Agreement shall be construed in accordance with the laws of the State of Texas. Article XV 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 Consultant 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 Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVI Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVII Notices Notices regarding Articles IX or X are to be provided to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: Citv of Fort Worth Attn: Endrias Wolde Transportation and Public Works 920 Woodward St. City of Fort Worth, Texas Standard Agreement for Professional Services Page 5 of 8 Fort Worth, Texas 76017 Consultant: ECS Southwest, LLP Attn: Tim Tarbutton 2621 White Settlement Road Fort Worth, TX 76107 All other notices may be provided as described above or via electronic means. Article XVIII Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Article XIX Prohibition on Boycotting Energy Companies Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. City of Fort Worth, Texas Standard Agreement for Professional Services Page 6 of 8 Article XX Prohibition on Discrimination Against Firearm and Ammunition Industries Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (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. Article XXI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of Agreement. Article XXII Attachments, Schedules and Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of Agreement: Attachment A- Scope of Services Attachment B — Compensation Attachment F — Insurance Requirements City of Fort Worth, Texas Standard Agreement for Professional Services Page 7 of 8 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH Jesica McEachern Assistant City Manager Date: 10/13/2025 ATTEST: r::A� Jannette Goodall City Secretary APPROVED AS TO FORM AND LEGALITY By: D?u[tW:(�5�:= Douglas W Black Sr. Assistant City Attorney City of Fort Worth, Texas Standard Agreement for Professional Services Page 8 of 8 BY: CONSULTANT ECS Southwest, LLP T� Tec,rbutft1-11,, Timothy Tarbutton (Sep 251 2025 14:11:13 CDT) Tim Tarbutton Subsidiary Regional Manager Date: 09/25/2025 M&C No.:25-0858 M&C Date:9/16/2025 Attachment A RFQ for Geotechnical Engineering and Material Testing Services for Infrastructure Projects The scope of work may include, but not limited to, the following: Performance of all plant, field and laboratory material tests including the following: o Asphalt field Density o Soil-Moisture relationship or Proctor test o Unit Weight Test o Atterberg Limits Test o Soil Lineal Shrinkage Test o PH Series o Texas Wet Ball Mill (WBM) Test o Grain Size Analysis o P200 Sieve Analysis o Gradation: ■ Rock — Crushed Stone for Embedment LAA (Los Angeles Abrasion) ■ Sand — Backfill Water & Sewer ■ Lime/Cement Field Gradation o Core: ■ Test Hole Analysis ■ Concrete ■ Asphalt o Concrete Compression Test: ■ Cylindrical concrete specimens ■ Drilled Cores • Preview plans and specifications for assigned project prior to testing and inspection. • Prepare daily construction progress reports. • Take samples of materials for examination or analysis to laboratories; schedule routine materials and density field tests to assure material and workmanship quality; coordinate results of tests. • Observe work during progress and upon completion. • Perform preliminary and final testing and inspections on routine construction projects; provide input on acceptance of developments. � Prepare various testing and inspection reports as required; maintain files and reports regarding testing and inspection and plan check activities and findings. Attachment B CFW Fee Schedule June 2025- June 2030 The City of Fort Worth Fee Schedule for Geotechnical and Material Testing Services for City-fund Projects CFW Activity Unit Revised offer TRANSPORTATION Transportation, per trip Trip $ 53.00 SAMPLING AND TESTING OF SOILS AND AGGREGATES Soils and Base Materials Sampling for in-lab test, including tech time and transportation charge Each $ 189.00 (If not scheduled with other work) Moisture content — ASTM D2216 Each $ 15.00 Atterberg limits (LL, PL, PI) — ASTM D4318 Each $ 68.00 Atterberg limits with additive — ASTM D4318 Each $ 74.00 Soil Visual Classification — ASTM D2488 Each $ 18.00 Bar Linear Shrinkage — Tex-107-E Each $ 40.00 Organic content — ASTM D 2974 Each $ 44.00 Sieve analysis of fine and coarse aggregates — ASTM C 136/136M. Each $ 84.00 Percent passing #200 sieve — ASTM D1140/ Cl 17 Each $ 50.00 Hydrometer analysis of fine-grained soils — ASTM D7928 Each $ 194.00 Sp. gravity and Absorption (coarse aggregate) — ASTM C 127 Each $ 84.00 Sp. gravity and absorption (fine aggregate) — ASTM C 128 Each $ 84.00 LA Abrasion of small-size coarse aggregate — ASTM C131 Each $ 294.00 LA Abrasion of large-size coarse aggregate — ASTM C535 Each $ 294.00 Sodium or Magnesium Sulfate Soundness Each $ 341.00 Texas Wet Ball Mill — Tex-116-E Each $ 242.00 CFW Activity Unit Revised offer California bearing ratio (CBR) test — ASTM D1883 Each $ 347.00 Standard proctor — ASTM D 698 Each $ 189.00 Modified proctor — ASTM D 1557 Each $ 22l .00 Additional charge for coarse aggregate correction - ASTM D4718 Each $ 36.00 Soluble sulfate test — TEX-145-E Each $ 89.00 Unconfined compressive strength of soils — ASTM D2166 Each $ 53.00 Unconfined compressive strength of rock cores — ASTM D7012 Each $ 74.00 Free swell testing — ASTM D4546 Each $ 110.00 Lime series using PI Each $ 305.00 Lime series using pH (6 points), Tex-121-E Each $ 305.00 Soil pH test, Tex-128-E Each $ 47.00 Gradation (lime or cement) and/or lime depth measurement Hour $ 63.00 (min 3 hours) Transportation Trip $ 53.00 Consolidation testing Quote on Request Triaxial testing Quote on Request Direct Shear testing Quote on Request In-place Density In-place density using nuclear gauge - ASTM D2950/2950M, Each $ 210.00 ASTM D6938), first 1'/2 hours, including transportation After the first 1%Z hours Hour $ 63.00 SAMPLING AND TESTING OF PORTLAND CEMENT CONCRETE (PCC) Concrete Cvlinder and Beam Tests Making cylinders, cubes, and beams of concrete, CLSM, Grout, and Hour $ 58.00 mortar, including air/slump/temperature tests (min 3 hours) CFW Activity Unit Revised offer Transportation Trip $ 53.00 Cylinder pick-up, including tech time and transportation (If not Each $ 184.00 scheduled with other work) Curing and Strength test of concrete cylinders, CSLM, cube prisms Each $ 23.00 Curing and strength test of concrete beam — ASTM C293/C78 Each $ 39.00 Concrete mix design and review Quote on Request Concrete core Samples (min 4 cores per tri�) Core machine mobilization Occurrence $ 210.00 Transportation Trip $ 53.00 3" dia. or more concrete coring (Up to a depth of 6") Each $ 89.00 After a depth of 6" Inch $ 13.00 Less than 3" dia. concrete coring (Up to a depth of 6") Each $ 63.00 After a depth of 6" Inch $ 13.00 Core depth measurement Each $ 16.00 Sample preparation and compressive strength test.(Including measuring, Each $ 74.00 sawing, and capping of cores) Flagman if needed for safety and traffic monitoring Hour $ 63.00 Professional traffic control Quote on Request SAMPLING AND TESTING OF HOT MIX ASPHALT CONCRETE (HMAC) Asphaltic Concrete M�es Extraction and gradation testing —Tex-236-F Each $ 229.00 Maximum theoretical specific gravity —Tex-227-F Each $ 108.00 Lab molding of specimen —Tex-241-F, Tex-206-F Each $ 68.00 Bulk specific gravity of lab molded specimen —Tex-207-F Each $ 53.00 CFW Activity Unit Revised offer Asphalt content by Ignition Method — ASTM D4125 Each $ 12l .00 Asphalt mix design and review Quote on Request - In-place Densitv In-place density using nuclear gauge, first 1%z hours — Each $ 210.00 ASTM D2950/2950M, ASTM D6938 After the first 1%2 hour Hour $ 63.00 Bulk specific gravity of core specimen —Tex-207-F Each $ 58.00 Asphalt core Samples (min 4 cores �er trip) Core machine mobilization Per Work Order $ 210.00 Transportation (for additional days) Trip $ 53.00 3" dia. or more asphalt coring (Up to a depth of 6") Each $ 84.00 After a depth of 6" Inch $ 12.00 Less than 3" dia. asphalt coring (Up to a depth of 6") Each $ 63.00 After a depth of 6" Inch $ 12.00 Core depth measurement Each $ 14.00 Flagman if needed for safety and traffic monitoring Hour $ 63.00 DRILLING AND RELATED SERVICES Mobilization of Drill Rig Occurrence $ 473.00 Drill Rig Standby or access time Hour $ 252.00 Undisturbed samples (Shelby Tubes, fiXed piston) Foot $ 19.00 Auger borings (Hand augers, Drill Rig or Direct push undisturbed sampling) 0' — 50' Foot $ 18.00 50' — 100' Foot $ 21.00 100' plus Quote on Request CFW Activity Unit Revised offer Intermittent soil sampling, 5-ft intervals 0' — 50' Foot $ 21.00 50' — 100' Foot $ 23.00 100' plus Quote on Request Continuous soil sampling 0 — 50' Foot $ 23.00 50 —100' Foot $ 26.00 100' plus Quote on Request High resistance soil/rock coring (for soils with N-values greater than 50) 0' — 50' Foot $ 37.00 50' — 100' Foot $ 42.00 100' plus Quote on Request STRUCTURAL STEEL INSPECTION Certified welding inspector (min 4 hours) Hour $ 95.00 Magnetic particle testing (min 4 hours) Hour $ 95.00 Liquid penetrant testing (min 4 hours) Hour $ 95.00 Ultrasonic testing (min 4 hours) Hour $ 100.00 Transportation Trip $ 53.00 PROFESSIONAL AND TECHNICAL SERVICES Principal Engineer Hour $ 205.00 Senior Project/Geotechnical Engineer Hour $ 179.00 Project Engineer/Scientist/Geologist Hour $ 147.00 Staff (or Graduate) Engineer/Project Manager Hour $ 121.00 CFW Activity Unit Revised offer Senior Engineering Technician Hour $ 66.00 Engineering Technician Hour $ 58.00 Drafter Hour $ 70.00 REMARKS: Method of Payment: Unless otherwise specified, the price per unit of work or lump sum item includes all engineering, labor, personnel, equipment, materials, sample preparation, report preparation and engineering review, etc., necessary to complete that unit of work. A charge for Project Management (PM) may be included on each invoice up to a�naximunz of 10% of the total services provided on the invoice (before the PM was added). The most current City of Fort Worth, TxDOT, ASTM or AASHTO test procedures and supporting tests referenced shall be used. Failure to follow the procedures as stated will result in non- payment of the unit price item. Pavement Coring: Pavement coring will be paid for at a unit price for asphalt pavement cores and unit price for concrete cores. This includes technician time, operations, equipment, materials and traffic monitoring to cut cores and repair/patch core holes, and report preparation/engineering review. Geotechnical Drilling. Geotechnical Drilling will be paid from top of ground to bottom of the hole at a unit price per foot for soil and rock. These charge items include all operations and materials necessary to advance the hole, including borings for sampling and testing. Mobilization of equipment will be paid for at unit price per occurrence. This includes mobilization and demobilization of all equipment and personnel necessary to perform the subsurface investigation. In-place Nuclear Moisture-Density Testing. The first 1'/z hour charge item for the nuclear moisture-density test includes technician time, mobilization, transportation, and gauge charges. Report preparation/Engineering Review. The rates in this fee schedule include report preparation and engineering review. There shall not be a line item for report preparation and engineering review for any of the services. The City will request quotes on additional tests not included in this fee schedule. EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. 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 liabiliiy insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requiremerits Page 1 of 3 Rev. 5.04.21 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims-made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self-funded or CFW Standard Insurance Requiremerits Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a currentA.M. Best rating ofA:Vll or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self-insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first-dollar basis. City, at its sole discretion, may consentto alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters ofcredit 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 e�ense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims- made basis, shall contain a retroactive date coincidentwith or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requiremerits Page 3 of 3 Rev. 5.04.21 City of Fort Worth, Mayor and Texas Council Communication DATE: 09/16/25 M&C FILE NUMBER: M&C 25-0858 LOG NAME: 2025 GEOTECHNICAL AND MATERIALS TESTING SERVICES SUBJECT (ALL) Authorize Execution of Individual Contracts for Geotechnical and Materials Testing Services for Various Construction Projects with 1836 Engineering LLC, ECS Southwest, LLP, ETTL Engineers & Consultants Inc., Geotex Engineering LLC, Kleinfelder, Inc., LandTec Engineers LLC, Raba Kistner, Inc., TSIT Engineering & Consulting, LLC, UES Professional Solutions 44, LLC, in the Amount of $1,000,000.00 Per Firm and Each with Four Optional Renewals RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute individual contracts, each in an amount of $1,000,000.00 per firm with: 1836 Engineering LLC; ECS Southwest, LLP; ETTL Engineers & Consultants Inc.; Geotex Engineering LLC; Kleinfelder, Inc.; LandTec Engineers LLC; Raba Kistner, Inc.; TSIT Engineering & Consulting, LLC; UES Professional Solutions 44, LLC; each with four renewal options. DISCUSSION: The Transportation and Public Works Department solicited firms to provide geotechnical and materials testing services for various City infrastructure projects. A Request for Qualifications (RFQ) was published for these services in the Fort Worth Star-Telegram in February 2025. On March 6, 2025, the Department received Statement of Qualifications (SOQs) for professional services from 16 firms to provide Geotechnical investigation and materials testing services. Each firm was evaluated based upon pre-established selection criteria including qualification of experience, response and perFormance. An inter-departmental committee selected the most qualified firms and recommends the following firms for contract approval: 1836 Engineering, LLC, ECS Southwest, LLP, ETTL Engineers & Consultants Inc., Geotex Engineering, LLC, Kleinfelder, Inc., LandTec Engineers LLC, Raba Kistner, Inc., TSIT Engineering & Consulting, LLC, UES Professional Solutions 44, LLC. Based on the current workload level, the Transportation and Public Works Department projects that approximately $515,000,000.00 dollars of infrastructure construction will be inspected over the next five years. Based on current staffing levels, we anticipate that approximately $30,000,000.00 dollars will be extended for contracted geotechnical and materials testing services over the same period. These agreements will not guarantee any specific amount of work or payment to any firm. As material testing work is needed for a project, a work order will be issued along with the funding for specific work being identified and committed at that time. Funding for the geotechnical and materials testing services may be provided through various project funding sources. These contracts will serve current and future capital projects as-needed, and a funds availability verification will be performed prior to each assignment. The term of each contract is upon expenditure of funds, each with four renewal options. The City has the option to extend the term of the agreements or a renewal period, as necessary, for the firm to complete work on any assignment issued prior to the expiration of the agreement including adjustments to the assignment's purchase order amount. This is for ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds will be available in the current capital budgets, as appropriated, in the various capital improvement program funds to support the approval of the recommendation and execution of the contracts. Prior to an expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office b� Jesica McEachern 5804 Originating Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Patricia Wadsack 8447 Expedited � '"" `""_-� -•.«.`"., �--�._ CI�N�INNATI INSUI�ANC� CC�Ml�ANlES The Cincinnati Insurance Company A Stock Insurance Company Headquarters: 6200 S. Gilmore Road, Fairfield, OH 45014-5141 Mailing address: P.O. Box 145496, Cincinnati, OH 45250-5496 www.cinfin.com ■ 513-870-2000 COMMON POLICY DECLARATIONS Billing Method: DIRECT BILL POLICY NUMBER ENP 021 99 90 NAMED INSURED ECS SOUTHWEST LLP ATTN: CORPORATE ACCOUNTING ADDRESS 14030 THUNDERBOLT PL # 500 (Number & Street, CHANTILLY, VA 20151-3227 Town, County, State & Zip Code) Previous Policy Number: ENP0219990 Policy Period: At 12:01 A.M., STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE All coverages except Automobile and / or Garage Policy number: ENP 021 99 90 FROM: 12-01-2024 TO: 12-01-2025 Automobile and / or Garage Policy number: FROM: TO: Agency ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, LLC 45-108 City CHANTILLY, VA PRODUCER: FRANK ANDERSEN Legal Entity / Business Description ORGANIZATION (ANY OTHER) IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. FORMS APPLICABLE TO ALL COVERAGE PARTS: IA4514TX O1/20 NOTICE TO POLICYHOLDERS - FLOOD DISCLOSURE STATEMENT - TEXAS IL0017 11/98 COMMON POLICY CONDITIONS IA102A 09/08 SUNIl�IARY OF PREMIUMS CHARGED IA904 04/04 SCHEDULE OF LOCATIONS IA4331TX 06/16 TEXAS CHANGES - CANCELLATION AND NONRENEWAL PROVISIONS FOR CASUALTY LINES AND COMMERCIAL PACKAGE POLICIES IL0171 09/07 TEXAS CHANGES - LOSS PAYMENT IL0174 07/05 OKLAHOMA CHANGES-APPRAISAL IL0179 10/02 OKLAHOMA CHANGES IA4186TX 02/99 TEXAS NOTICE TO POLICYHOLDERS IA4236 06/20 POLICYHOLDER NOTICE TERRORISM INSURANCE COVERAGE IA4344TX 10/09 TEXAS NOTICE TO POLICYHOLDERS EXCLUSION - ASBESTOS IA44012D 10/11 NOTICE TO POLICYHOLDERS IA4521 03/20 NOTICE OF PRIVACY PRACTICES IP446 08/O1 NOTICE TO POLICYHOLDERS AP403VA 10/14 IMPORTANT INFORMATION TO POLICYHOLDERS VIRGINIA IA325TX O1/23 WAR AND CYBER HOSTILITIES EXCLUSION IA327TX 07/23 NUCLEAR, BIOLOGICAL, CHEMICAL AND RADIOLOGICAL HAZARDS EXCLUSION - TEXAS IA4006 07/10 SPECIAL PER OCCURRENCE DEDUCTIBLE ENDORSEMENT IA4164MT 09/20 MONTANA CHANGES - CONFORMITY WITH STATUTES IA 509 01 12 ENP 021 99 90 Page 1 of 2 11-20-2024 15:13 IA4238 IA4332TX IA4337C0 IA4338 IA43750R IA4492AR IA460 IL0168 IA4087 IL0021 FM502 GA532 MA573 MA554 MA580 USC513 HC502 HC503 Countersigned IA 509 01 12 O1/15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM 07/23 TEXAS IMPORTANT NOTICE 10/08 COLORADO CHANGES - CONCEALMENT, MISREPRESENTATION OR FRAUD 05/24 SIGNATURE ENDORSEMENT O1/17 OREGON CHANGES - DOMESTIC PARTNERSHIP 06/17 ARKANSAS CHANGES - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US O1/16 PROTECTIVE SAFEGUARDS 03/12 TEXAS CHANGES - DUTIES 09/17 CANCELLATION OR NONRENEWAL BY US NOTIFICATION TO A DESIGNATED ENTITY 09/08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT 07/08 COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS 07/08 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS 08/07 ELECTRONIC DATA PROCESSING EQUIPMENT COVERAGE PART DECLARATIONS 05/10 GENERAL FLOATER COVERAGE PART DECLARATIONS 06/07 MOBILE PROPERTY BUSINESS INCOME COVERAGE FORM DECLARATIONS 05/10 COMMERCIAL UMBRELLA LIABILITY COVERAGE PART DECLARATIONS O1/18 CINCINNATI DATA DEFENDERT"" COVERAGE PART DECLARATIONS O1/18 CINCINNATI NETWORK DEFENDERT"" COVERAGE PART DECLARATIONS By (Date) (Authorized Representative) ENP 021 99 90 Page 2 of 2 11-20-2024 15:13 TxE CINCINNATI INSURANCE COMPANY A Stock Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART D E C LARATI O N S Attached to and forming part of POLICY NUMBER: ENP 021 99 90 Named Insured is the same as it appears in the Common Policy Dedarations LIMITS OF INSURANCE EACH OCCURRENCE LIMIT $ 1, 000, 000 GENERAL AGGREGATE LIMIT $ 2, 000, 000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT $ 2, 000, 000 PERSONAL & ADVERl1SING INJURY LIMIT $ 1, 000, 000 ANY ONE PERSON OR DAMAGE TO PREMISES RENTED TO YOU LIMIT $100,000 limit unless otherwise indicated herein: MEDICAL EXPENSE LIMIT $5,000 limit unless otherwise indicated herein: $ SEE GA233TX $ SEE GA233TX ORGAN IZATI ON ANY ONE PREMISES ANY O N E PERSO N CLASSIFICATION CODE PREMIUM RATE ADVANCE PREMIUM NO. BASE A- Area Products / All Other Products / All Other B - Payroll Completed Completed C- Gross Sales Operations Operations D - Units E - Other CONTRACTORS - 915 81 E_ _ _ ■ ■ SUBCONTRACTED WORK (AK) TOTAL COST CONTRACTORS - 915 81 E— _ _ - - SUBCONTRACTED WORK (AR) TOTAL COST CONTRACTORS - 915 81 E— _ _ _ _ SUBCONTRACTED WORK (AZ) TOTAL COST CONTRACTORS - 915 81 E— _ _ _ _ SUBCONTRACTED WORK (CA) TOTAL COST CONTRACTORS - 915 81 E— _ _ _ _ SUBCONTRACTED WORK (CO) TOTAL COST CONTRACTORS - 915 81 E— _ _ - - SUBCONTRACTED WORK (GA) TOTAL COST CONTRACTORS - 915 81 E— — _ - - SUBCONTRACTED WORK (ID) TOTAL COST CONTRACTORS - 915 81 E— _ _ - - SUBCONTRACTED WORK (KS) TOTAL COST CONTRACTORS - 915 81 E_ _ _ ■ ■ SUBCONTRACTED WORK (MT) TOTAL COST CONTRACTORS - 915 81 E— _ _ ■ ■ GA 532 07 08 ENP oa� 99 90 Page 1 of 4 CLASSIFICATION CODE PREMIUM NO. BASE A - Area B - Payroll C - Gross Sales D - Units E - Other SUBCONTRACTED WORK (NM) TOTAL COST CONTRACTORS - 915 81 E- SUBCONTRACTED WORK (NV) TOTAL COST CONTRACTORS - 91581 E- SUBCONTRACTED WORK (OK) TOTAL COST CONTRACTORS - 91581 E- SUBCONTRACTED WORK (OR) TOTAL COST CONTRACTORS - 91581 E- SUBCONTRACTED WORK (TX) TOTAL COST CONTRACTORS - 91581 E- SUBCONTRACTED WORK (UT) TOTAL COST CONTRACTORS - 91581 E- SUBCONTRACTED WORK (VA) COST CONTRACTORS - 91581 E- SUBCONTRACTED WORK (WA) TOTAL COST CONTRACTORS - 91581 E_ SUBCONTRACTED WORK (WY) TOTAL COST CONTRACTORS - 91583E- SUBCONTRACTED WORK (NV) TOTAL COST DRILLING (TX) 92101 B- ENGINEERS OR ARCHITECTS 92663B- (AR) INCL PROD AND/OR COMP OP ENGINEERS OR ARCHITECTS 92663B- (AZ ) INCL PROD AND/OR COMP OP ENGINEERS OR ARCHITECTS 92663B- (CA) INCL PROD AND/OR COMP OP ENGINEERS OR ARCHITECTS 92663B- (CO) INCL PROD AND/OR COMP OP ENGINEERS OR ARCHITECTS 92663B- (GA) INCL PROD AND/OR COMP OP ENGINEERS OR ARCHITECTS 92663B- (KS) INCL PROD AND/OR COMP OP ENGINEERS OR ARCHITECTS 92663B- � NNI ) INCL PROD AND/OR COMP OP GA 532 07 08 ENP 021 99 90 RATE Products / All Other Completed Operations _ _ _ _ - _ - _ _ _ _ _ _ _ _ _ _ _ - - _ _ _ _ _ _ _ ADVANCE PREMIUM Products / All Other Completed Operations � _ � - - , � � � - � _ � - - , � � � - - � - - - - - Page 2 of 4 CLASSIFICATION ENGINEERS OR ARCHITECTS (OK) INCL PROD AND/OR COMP OP ENGINEERS OR ARCHITECTS (TX) INCL PROD AND/OR COMP OP ENGINEERS OR ARCHITECTS (UT) INCL PROD AND/OR COMP OP ENGINEERS OR ARCHITECTS (VA) INCL PROD AND/OR COMP OP SEXUAL MISCONDUCT LIABILITY CODE PREMIUM NO. BASE A - Area B - Payroll C - Gross Sales D - Units E - Other 92663 92663 92663 B- 92663 B- 20232 ELECTRONIC DATA LIABILITY27002 AUTOMATIC ADD. INSURED - 29917 CONTRACTORS OPERATIONS CONTRACTORS BROADENED 29975 COVERAGE MEDICAL PAYMENTS - SPECIFIED PREMISES RATE Products / Completed Operations ADVANCE PREMIUM All Other Products / All Other Completed Operations _ _ _ � � _ _ — � � _ _ — _ � ADDITIONAL INSUREDS - 29919 - OWNER, LESSEE, CONTRACTOR ADDITIONAL INSUREDS - 29920 _ OWNER, LESSEE, CONTRACTOR ADDITIONAL INSUREDS - 29940 - OWNER, LESSEE, CONTRACTOR The General Liability Coverage Part is subject to an annual minimum premium. TOTAL ANNUAL PREMIUM $- FORMS AND / OR ENDORSEMENTS APPLICABLE TO COMMERCIAL GENERAL LIABILITY COVERAGE PART: CG0001 04/13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG0109 11/85 KANSAS AND OKLAHOMA CHANGES TRANSFER OF RIGHTS IA450C 11/87 LIMITED EXCLUSION - ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY EXCLUSION IA450D 11/87 MEDICAL PAYMENTS - SPECIFIED PREMISES CG0103 06/06 TEXAS CHANGES CG0142 07/11 ARKANSAS CHANGES CG0160 07/98 WYOMING CHANGES CG0437 05/14 ELECTRONIC DATA LIABILITY CG2010 12/19 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION CG2037 12/19 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS GA 532 07 08 ENP oa� 99 90 Page 3 of 4 FORMS AND / OR ENDORSEMENTS APPLICABLE TO COMMERCIAL GENERAL LIABILITY COVERAGE PART: CG2243 04/13 EXCLUSION - ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY CG2414 04/13 WAIVER OF GOVERNMENTAL IMMUNITY CG2503 05/09 DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT CG2504 05/09 DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT CG2639 12/07 TEXAS CHANGES - EMPLOYMENT-RELATED PRACTICES EXCLUSION CG2661 10/O1 MONTANA CHANGES - MEDICAL PAYMENTS GA233TX 09/20 CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT - TEXAS GA3064 09/20 EXCLUSION - ASBESTOS GA3069TX 10/20 COMMUNICABLE DISEASE EXCLUSION - TEXAS GA3074 09/22 EXCLUSION - CYBER LIABILITY GA369 09/17 EXCLUSION - EXTERIOR INSULATION AND FINISH SYSTEMS ("EIFS") AND DIRECT-APPLIED EXTERIOR FINISH SYSTEMS ("DEFS") - BROAD FORM WITH SPECIFIED EXCEPTIONS GA382 03/02 FUNGI OR BACTERIA EXCLUSION GA4039 09/20 MEDICAL PAYMENTS - EXCESS GA4113 05/20 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -(FORM B) - CG 20 10 11 85 GA4164AR 02/02 ARKANSAS CHANGES - MULTI-YEAR POLICIES GA4256VA 09/20 VIRGINIA CHANGES - COMMERCIAL GENERAL LIABILITY GA4260WA 10/09 WASHINGTON CHANGES GA4339KS 07/10 KANSAS CHANGES - TRANSFER OF RIGHTS GA4522 12/20 LIABILITY DEDUCTIBLE (SPECIFIED WITH OPTION TO INCLUDE DAMAGES AND EXPENSES) GA4523 05/20 BROAD FORM CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION GA4531 09/20 AMENDMENT - POLLUTANT DEFINITION GA4533TX 12/22 COMMERCIAL GENERAL LIABILITY AMENDATORY ENDORSEMENT - TEXAS GA4546C0 10/21 COLORADO CHANGES - EMPLOYEE BENEFITS LIABILITY COVERAGE GA4566 06/22 AMENDMENT - RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION GA214TX 10/08 SEXUAL MISCONDUCT OR SEXUAL MOLESTATION LIABILITY GA 532 07 08 ENP oa� 99 90 Page 4 of 4 POLICY NUMBER: ENP 021 99 90 COMMERCIAL GENERAL LIABILITY CG 2010 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITYCOVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Location s Of Covered O erations ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE ANY LOCATION AT WHICH WORK OR REQUIRED TO NAME UNDER THIS ENDORSEMENT IN A OPERATIONS ARE PERFORMED BY YOU OR WRITTEN CONTRACT OR AGREEMENT ON YOUR BEHALF Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional ex- clusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 O Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Sec- tion III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insur- ance; whichever is less. This endorsement shall not increase the applica- ble limits of insurance. CG 20101219 O Insurance Services Office, Inc., 2018 Page 2 of 2 POLICY NUMBER: ENP 021 99 90 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITYCOVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Location And Descri tion Of Com leted O erations ANY PERSON OR ORGANIZATION FOR WHOM YOU ANY LOCATION AT WHICH WORK OR ARE REQUIRED TO NAME UNDER THIS OPERATIONS WERE PERFORMED BY YOU OR ON ENDORSEMENT IN A WRITTEN CONTRACT OR YOUR BEHALF AGREEMENT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by 'your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations h azard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 1219 O Insurance Services Office, Inc., 2018 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROAD FORM CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or Contractors - Automatic Status For Other Parties When Required In Written Contract Or Agreement With You 1. Section II - Who Is An Insured is amended to include as an additional in- sured any person or organization you have agreed in writing in a contract or agreement to add as an additional in- sured on this Coverage Part. Such per- son(s) or organization(s) is an additional insured only with respect to liability for: (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 you to pro- vide additional insured coverage included within the "products- completed operations hazard" for that person or organization. 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 additional insured(s) at the loca- tion of the covered operations 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 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, without specifying an edition date, and without specifi- cally requiring additional insured 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- tional insured coverage to that person or organization: b. "Bodily injury' or "properry damage" a. Arising out of your ongoing opera- caused, in whole or in part, by "your tions or arising out of'your work' ; or work" performed under that written contract or written agreement and in- b. By way of an edition of an ISO addi- cluded in the "products-completed tional insured endorsement that in- operations hazard", but only if: cludes arising out of your ongoing Includes copyrighted material of Insurance GA 4523 05 20 Services Office, Inc., with its permission. Page 1 of 3 operations or arising out of "your work"; then the phrase caused, in whole or in part, by 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 additional insureds described in Para- graph A.1., the following additional exclu- sion applies: This insurance does not apply to "bodily injury', "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, induding: 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 allege negligence 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. Additional Insured - State Or Governmental Agency Or Subdivision Or Political Subdi- vision - Automatic Status When Required In Written Permits Or Authorizations Section II - Who Is An Insured is amended to include as an additional in- sured any state or governmental agency or subdivision or political subdivision you have agreed in writing in a permit or au- thorization to add as an additional insured on this Coverage Part. Such state or gov- ernmental agency or subdivision or politi- cal subdivision is an additional insured only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivi- sion or political subdivision has issued, in writing, a permit or authorization. 2. With respect to the insurance afforded to the additional insureds described in Para- graph B.1., the following additional exclu- 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 additional insureds described in Paragraphs A. and B.: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract, writ- ten agreement, written permit or written authorization to provide for such addition- alinsured;and 3. Does not apply to any person, organiza- tion, state, governmental agency or sub- division or political subdivision specifically named as an additional insured for the same project in the schedule of an en- dorsement added to this Coverage Part. However, Paragraphs C.1. and C.2. above do not apply if the applicable written contract, written agreement, written permit or written authorization requires an edition of an ISO additional insured endorsement that does not include these provisions. D. With respect to the insurance afforded to the additional insureds described in Paragraphs A. and B., the following is added to Section III - Limits Of Insurance: 1. The most we will pay on behalf of the ad- ditional insured is the amount of insur- ance: a. Required by the written contract, writ- ten agreement, written permit or writ- ten authorization described in Para- graphs A. and B. For the purpose of determining the required amount of insurance only, we will include the minimum amount of any Umbrella Li- ability or Excess Liability coverage required for that additional insured in that written contract, written agree- ment, written permit or written author- ization; or b. Available under the applicable limits of insurance; whichever is less. Includes copyrighted material of Insurance GA 4523 05 20 Services Office, Inc., with its permission. Page 2 of 3 However, Paragraph D.1. does not apply if the applicable written contract, written agreement, written permit or written au- thorization requires an edition of an ISO additional insured endorsement that does not include these provisions. 2. This endorsement shall not increase the applicable limits of insurance. E. Section IV - Commercial General Liability Conditions is amended to add the following: Automatic Additional Insured Provision This insurance applies only if the "bodily inju- ry" or "property damage" occurs, or the "per- sonal and advertising injury' offense is com- mitted: During the policy period; and 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 added to Section IV - Commercial General Liability Conditions, Other Insurance, and supersedes any provision to the contrary: When Other Additional Insured Coverage Applies On An Excess Basis This insurance is primary to other insurance available to the additional insured described in Paragraphs A. and B. except: 1. As otherwise provided in Section IV - Commercial General Liability Condi- tions, Other Insurance, b. Excess In- surance; or 2. For any other valid and collectible insur- ance available to the additional insured as H an additional insured on another insur- ance policy that is written on an excess basis. In such case, this insurance is also excess. G. The following is added to Section IV - Com- mercial General Liability Conditions, Other Insurance, and supersedes any provision to the contrary: Primary Insurance When Required By Writ- ten Contract, Agreement, Permit Or Au- thorization Except when wra�up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 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. that this in- surance would be primary to any other in- surance available to the additional in- sured. As used in this endorsement, wra�up insur- ance means a centralized insurance program under which one party has secured either in- surance or self-insurance covering some or all of the contractors or subcontractors perform- ing work on one or more specific project(s). Primary And Noncontributory Insurance When Required By Written Contract, Agreement, Permit Or Authorization Except when wra�up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to and will not seek contribution from any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 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. that this in- surance would be primary and would not seek contribution from any other insur- ance available to the additional insured. As used in this endorsement, wra�up insur- ance means a centralized insurance program under which one party has secured either in- surance or self-insurance covering some or all of the contractors or subcontractors perform- ing work on one or more specific project(s). Section IV - Commercial General Liability Conditions, Transfer Of Rights Of Recov- ery Against Others To Us is amended by the addition of the following: Waiver of Subrogation We waive any right of recovery against any additional insured under this endorsement, because of any payment we make under this endorsement, to whom the insured has waived its right of recovery in a written con- tract, written agreement, written permit or writ- ten authorization. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such additional in- sured prior to loss. Includes copyrighted material of Insurance GA 4523 05 20 Services Office, Inc., with its permission. Page 3 of 3 � '"" `""_-� -•.«.`"., �--�._ CI�N�INNATI INSUI�ANC� CC�Ml�ANlES The Cincinnati Indemnity Company A Stock Insurance Company Headquarters: 6200 S. Gilmore Road, Fairfield, OH 45014-5141 Mailing address: P.O. Box 145496, Cincinnati, OH 45250-5496 www.cinfin.com ■ 513-870-2000 COMMON POLICY DECLARATIONS Billing Method: DIRECT BILL POLICY NUMBER EBA 046 30 57 NAMED INSURED ECS SOUTHWEST LLP ATTN: CORPORATE ACCOUNTING ADDRESS 14030 THUNDERBOLT PL # 500 (Number & Street, CHANTILLY, VA 20151-3227 Town, County, State & Zip Code) Previous Policy Number: EBA0463057 Policy Period: At 12:01 A.M., STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE All coverages except Automobile and / or Garage Policy number: FROM: TO: Automobile and / or Garage Policy number: EBA 046 30 57 FROM: 12-01-2024 TO: 12-01-2025 Agency ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, LLC 45-108 City CHANTILLY, VA Legal Entity / Business Description ORGANIZATION (ANY OTHER) IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. FORMS APPLICABLE TO ALL COVERAGE PARTS: IL0017 11/98 COMMON POLICY CONDITIONS IA102A 09/08 SUMMARY OF PREMIUMS CHARGED IL0177 10/10 OKLAHOMA CHANGES-CONCEALMENT, MISREPRESENTATION OR FRAUD IL0179 10/02 OKLAHOMA NOTICE IA4186TX 02/99 TEXAS NOTICE TO POLICYHOLDERS IA4521 03/20 NOTICE OF PRIVACY PRACTICES IP446 08/O1 NOTICE TO POLICYHOLDERS AP403VA 10/14 IMPORTANT INFORMATION TO POLICYHOLDERS VIRGINIA IA325TX O1/23 WAR AND CYBER HOSTILITIES EXCLUSION IA4332TX 07/23 TEXAS IMPORTANT NOTICE IA4338 05/24 SIGNATURE ENDORSEMENT IA4087 09/17 CANCELLATION OR NONRENEWAL BY US NOTIFICATION TO A DESIGNATED ENTITY AAD505 03/06 BUSINESS AUTO COVERAGE PART DECLARATIONS AA507VA O1/17 BUSINESS AUTO COVERAGE PART DECLARATIONS - VIRGINIA IAD509 01 12 EBA 046 30 57 Page 1 of 2 11-14-2024 14:46 TxE CINCINNATI INDEMNITY COMPANY CINCINNATI, OHIO BUSINESS AUTO COVERAGE PART DECLARATIONS ITEM ONE Attached to and forming part of POLICY NUMBER: ESA 046 30 57 Named Insured is the same as it appears in the Common Policy Declarations. ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS This coverage part provides only those coverages where a premium or "incl" is shown in the premium column below. The limit of Insurance for each coverage listed is subject to all applicable policy provisions. Each of these coverages will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the coverage. COVERED AUTOS LIMIT (Entry of one or more COVERAGES of the symbols from the THE MOST WE WILL PAY FOR ANY ONE PREMIUM COVERED AUTOS ACCIDENT OR LOSS Section of the Business Auto Coverage Form shows which autos are covered autos) LIABILITY 1 $1,000,000 INCL PERSONAL I NJURY PROTECl10N (or equivalent No-fault coverage) 5 Separately stated in each P.I.P. endorsement minus $NONE Ded. INCL ADDED PERSONAL INJURY Separately stated in each added P.I.P. PROTECTION (or equivalent endorsement added No-fault coverage) PROPERTY PROTECTION Separately stated in each P. P.I. INSURANCE (Michigan only) endorsement minus $ Ded. for each accident AUTO. MEDICAL PAYMENTS 2 UNINSURED MOTORISTS UNDERINSURED MOTORISTS (When not included in Uninsured Motorists Coverage) 10,000 SEE AA4183 $ INCL INCL Actual cash value or cost of repair, PHYSICAL DAMAGE Whichever is less minus $SEE AA4183 COMPREHENSIVE COVERAGE 2, 8 Ded. Foreach covered auto. But no Deductible applies to loss caused by INCL Fire or lightning. See Item Three for hired or borrowed "autos" Actual cash value or cost of repair, PHYSICAL DAMAGE SPECIFIED Whichever is less minus $ Ded. CAUSES OF LOSS COVERAGE For Each covered auto. For loss caused by mischief or vandalism. See Item Three for hired or borrowed "autos" PHYSICAL DAMAGE Actual cash value or cost of repair, COLLISION COVERAGE 2, 8 Whichever is less minus $SEE AA4183 INCL Ded for each covered auto. See Item Three for hired or borrowed "autos". PHYSICAL DAMAGE INSURANCE TOWING AND LABOR 10 $ SEE AA4183 for each disablement of a INCL private passenger auto PREMIUM FOR ENDORSEMENTS "ESTIMATED TOTAL PREMIUM INCL FORMS AND ENDORSEMENTS CONTAINED IN THIS COVERAGE PART AT ITS INCEPTION: AA4183 02/06 AUTOMOBILE SCHEDULE AA101 03/06 BUSINESS AUTO COVERAGE FORM AA247 03/06 DRIVE OTHER CAR COVERAGE-BROADENED COVERAGE FOR NAMED INDIVIDUALS CA0132 10/13 OKLAHOMA CHANGES CA3143 11/15 OKLAHOMA UNINSURED MOTORISTS COVERAGE-NON-STACKED CA9903 10/13 AUTO MEDICAL PAYMENTS COVERAGE Includes copyrighted material of Insurance AAD505 03 06 Services Office, Inc., with its permission. Page 1 of 3 11-14-2024 14:46 EBA 046 30 57 FORMS AND ENDORSEMENTS CONTAINED IN THIS COVERAGE PART AT ITS INCEPTION: ILU023 04/05 OKLAHOMA UNINSURED MOTORISTS COVERAGE SELECTION/REJECTION AA2009 O1/17 CHANGES - TOWING AND LABOR AA259UT 11/20 UTAH UNINSURED MOTORISTS COVERAGE AA296 07/12 CHANGES - AUD20, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE AA4004 03/06 ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION AA4126UT 11/13 UNINSURED/UNDERINSURED MOTORISTS COVERAGE OFFER AND OPTION SELECTION FORM - UTAH AA4127UT 02/02 UTAH PERSONAL INJURY PROTECTION OPTION SELECTION FORM AA4214 08/07 COVERED AUTO DESIGNATION SYMBOL AA4231 08/OS SUPPLEMENTARY SCHEDULE FOR BUSINESS AUTO--ITEMS FOUR, FIVE, AND SIX AA4232TX 05/13 TEXAS UNINSURED/UNDERINSURED MOTORIST COVERAGE AA4246TX 10/09 TEXAS CHANGES - CANCELLATION AND NONRENEWAL AA4252TX 06/23 NOTICE: TEXAS MOTOR VEHICLE CRIME PREVENTION AUTHORITY (MVCPA) AA4263 04/10 OFFICE OF FOREIGN ASSETS CONTROL (OFAC) COMPLIANCE ENDORSEMENT AA4383UT 04/21 UTAH PERSONAL INJURY PROTECTION AA450 03/06 COMPOSITE RATE AUTO ENDORSEMENT AA450 10/10 COMPOSITE RATE AUTO ENDORSEMENT AP401TX 12/13 TEXAS UNINSURED/UNDERINSURED MOTORIST COVERAGE AND PERSONAL INJURY PROTECTION COVERAGE SELECTION/REJECTION CA0196 03/06 TEXAS CHANGES CA2264 07/08 TEXAS PERSONAL INJURY PROTECTION ENDORSEMENT MCS90 05/23 ENDORSEMENT FOR MOTOR CARRIER POLICIES OF INSURANCE FOR PUBLIC LIABILITY UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980 AA261 07/14 AUTO MEDICAL PAYMENTS COVERAGE AA288 06/20 CINCIPLUS° BUSINESS AUTO XC+° (EXPANDED COVERAGE PLUS) ENDORSEMENT " This policy may be subject to final audit Includes copyrighted material of Insurance AAD505 03 06 Services Office, Inc., with its permission. Page 2 of 3 11-14-2024 14:46 EBA 046 30 57 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus° BUSINESS AUTO XC+o (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver 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 "properry 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 contracY', 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 deleted in its entirety and re- placed by the following: C� 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. Additional Insured by Contract SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended to include as an insured any person or organi- zation for whom you have agreed in a valid written contract to provide insurance as 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 "accidenY' causing "bodily injury" or "property dam- age". D. Employee Hired Auto 1. Changes in Liability Coverage The following is added to the SECTION II - LIABILITY COVERAGE, A. Coverage, 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. 2. Changes in General Conditions SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, 5. Other Insurance is deleted in its entirety and replaced by 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 by your "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 06 20 Properties, Inc., with its permission. Page 1 of 4 However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "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, visual or data electronic equipmenl and any accessories used with this equipment as a result of any one "acci- dent" is the lesser ofi 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 replaang the damaged or stolen property with oth- er property of like kind and quality; or c. $2,500. Provided the equipment, at the time of the "loss" is: a. Permanently installed in or upon the covered "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. above; 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 voting 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 "in- sured" under such policy but for termina- tion of such policy or the exhaustion of such policys limits of insurance. 2. Any organization that is newly acquired or formed by you and over 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 "acadenY' 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- cys 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 Extensions - Supple- mentary Payments - Higher Limits SECTION II - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Sup- plementary Payments is amended by: 1. Replaang the $2,000 Limit of Insurance for bail bonds with $4,000 in (2); and 2. Replaang 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 covered "autos" for Liability Coverage, then Comprehensive and Collision Physical Damage Coverages as provided 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 value 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, whichever is less. 3. Hired Auto - Physical Damage coverage is excess over any other collectible insur- ance. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 2 of 4 4. Subject to the above limit, deductible, and excess provisions we will provide cover- age equal to the broadest coverage appli- cable to any covered "auto" you own in- sured under this policy. Coverage includes loss of use of that hired au- to, provided 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 Damage is shown in the Schedule, then that limit replac- es, and is not added to, the $50,000 limit indi- cated above and the deductibles shown in the Schedule are applicable. J. Rental Reimbursement SECTION III - PHYSICAL DAMAGE COV- ERAGE is amended by adding the following: 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 cov- erage you have on a covered "auto". No deductible applies to this coverage. 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 policys expiration, with the lesser of the following number of d ays: 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 covered "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. K. Transportation Expense - Higher Limits SECTION III - PHYSICAL DAMAGE COV- ERAGE, A. Coverage, 4. Coverage Exten- sions is amended by replacing $20 per day with $50 per day, and $600 maximum with $1,500 maximum in Extension a. Transpor- tation Expenses. L. Airbag Coverage 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 exdusion 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 Coverage SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is deleted in its entirety and replaced by the following, but only for private passenger type "autos" with an original loan or lease, and only in the event of a"total loss" to such a private 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 covered private passenger type "auto" is subject, but will not include: (a) Overdue 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) Carr�over balances from previous loans or leases, or 5. We will pay under this coverage only that (2) Actual cash value of the stolen amount of your rental reimbursement ex- or damaged property. penses which is not already provided for b. An adjustment for depreciation and under SECTION III - PHYSICAL DAM- physical condition will be made in de- AGE COVERAGE, A. Coverage, 4. termining actual cash value at the Coverage Extensions. time of "loss". Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 3 of 4 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 cast of repairs plus the salvage value 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 Event 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 disdose any hazards existing on the effective date of this Coverage Form, we will not deny cover- age under this Coverage 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, induding 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. Coverage 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 contract", 1.c. is deleted in its entirety and replaced by the following: c. An easement or license agreement; 2. SECTION V- DEFINITIONS, H. "Insured contract", 2.a. is deleted. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 4 of 4 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) 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 () Blanket Waiver Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. 2. Operations: 3. Premium: The premium charge for this endorsement shall be 2% 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 and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12-01-24 Policy No. 71764164 Endorsement No. Insured ECS SOUTHWEST, LLP Premium $ Incl. Insurance Company Bankers Standard Insurance Company Countersigned By WC 42 03 04 B (Ed. 6-14) © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. WC 00 03 13 (Ed. 4-84) © 1983 National Council on Compensation Insurance. Insured Copy WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. For policies or exposure in Missouri: Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12-01-24 Policy No. 71764164 Endorsement No. Insured ECS SOUTHWEST, LLP Premium $ Incl. Insurance Company Bankers Standard Insurance Company Countersigned By FORTWORTH Routing and Transmittal Slip TPW Capital Delivery DOCUMENT TITLE: Geotechnical and Material Testing Services M&C: 25-0858 CPN Remarks: CSO DOC# INITIALS DATE OUT 1. Endrias Wolde, TPW - Approver 09/25/2025 2. Tim Tarbutton, ECS Southwest LLP - Approver �� 09/25/2025 3. Patricia Wadsack, TPW AD - Approver PL1�V' 09/29/2025 4. Lauren Prieur, TPW Director - A rover �� 09/30/2025 5. Dou Black, Le al - Si ner ��$ 10/09/2025 6. Jesica McEachern, ACM - CMO - Si ner ;�� 10/13/2025 7. Ronald Gonzales, CS Office - A rover �� 10/13/2025 8. Jannette Goodall, CS Office - Si ner , io/i3/Zozs 9. Allison Tidwell, CS Office — Form Filler � 10 16 2025 DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, Jay will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes X No RUSH: ❑ Yes X No SAME DAY: ❑ Yes X No NEXT DAY: ❑ Yes X No ROUTING TO CSO: X Yes ❑ No Action Required: ❑ As Requested ❑ For Your Information X Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs