CM-2018-1928 - 10/26/2018InROUNDCK. TEXAS
PROSPEUR
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: WALKER PARTNERS, LLC _ , _ _,,_("Engineer")
ADDRESS: 804 Las Cimas Parkway, Suite 150, Austin, TX 78746 _
PROJECT: Lake Georactown Zebra Mussel Control Evaluation
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
TAI(" ONT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this thy of , 2018 by and between the CITY OF ROUND ROCK, a Texas home -
rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code
"Professional Services Procurement Act" provides
professional engineers; and
§2254.002(2)(A)(vii) under Subchapter A entitled
for the procurement by municipalities of services of
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
�A4.201 f--Cgza-
Engineering Services Contract
0199.1844; 00411846
Rev. 04. 13
00296523
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work ScheduIe." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not perform the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
performed or costs incurred after the date of termination shall not be eligible for reimbursement.
Engineer shall notify City in writing as soon as possible if he/sheiit determines, or reasonably
anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Engineering Services
required herein so that construction of the project will be commenced and completed as scheduled. In
this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all Engineering Services required under this Contract in a professional manner.
(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
all engineering services performed and to be performed under this Contract.
Engineer shall be paid on the basis of actual hours worked by employees performing work
associated with this Contract, in accordance with the Fee Schedule attached hereto as Exhibit D.
Payment of monies due for the Engineer's subconsultant's services shall be based on the actual amount
billed to the Engineer by the subconsultant. Payment of monies due for direct cost expenses shall be
based on the actual costs.
The maximum amount payable under this Contract, without modification of this Contract as
provided herein, is the sum of Twenty -Four Thousand Ninety -Five and No/100 Dollars, ($24,095.00).
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the
progress of the work and to support invoices requesting monthly payment. Any preferred format of City
for such monthly progress reports shall be identified in Exhibit B entitled "Engineering Services".
Satisfactory progress of work shall be an absolute condition of payment.
The maximum amount payable herein may be adjusted for additional work requested and
performed only if approved by written Supplemental Agreement.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
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Engineer of the responsibility of correcting any errors and/or omissions resulting from hislherr'its
negligence.
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work perfonned or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Christopher "Kit" Perkins, P.E.
Project Manager
2008 Enterprise Drive
Round Rock, TX 78664
Telephone Number (512) 341-3145
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Mobile Number (512) 676-9047
Fax Number (512) 218-5563
Email Address cperkins@roundrocktexas.gov
City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Joseph W. Jenkins, P.E.
Senior Client Manager
804 Las Cimas Parkway, Suite 150
Austin, TX 78746
Telephone Number (512) 382-0021
Fax Number NIA
Email Address ijenkinsc ,walkeMartners.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, andaor during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be
executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer relating to additional work not directly associated with the performance of the Engineering
Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
due for such Engineering Services.
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ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
USE OF DOCUMENTS
All documents, including but not limited to drawings, specifications and data or programs stored
electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its
subcontractors are related exclusively to the services described in this Contract and are intended to be
used with respect to this Project. However, it is expressly understood and agreed by and between the
parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings,
drawings, estimates, specifications, investigations, studies and other documents, completed or partially
completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any
such subsequent use made of documents by City shall be at City's sole risk and without liability to
Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer
from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting
therefrom.
By execution of this Contract and in confirmation of the fee for services to be paid under this
Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright
Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other
intellectual property rights acknowledged by law in the Project designs and work product developed
under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or
damage to any such documents while they are in the possession of or while being worked upon by
Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors.
All documents so lost or damaged shall be replaced or restored by Engineer without cost to City.
Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's
work and documents for purposes of constructing, using and maintaining the Project, provided that City
shall comply with its obligations, including prompt payment of all sums when due, under this Contract.
Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If
and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other
similarly credentialed design professionals to reproduce and, where permitted by law, to make changes,
corrections or additions to the work and documents for the purposes of completing, using and
maintaining the Project.
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City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Engineer. However, City shall be permitted
to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use in their execution of the Work.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for
similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of
Service shall be at City's sole risk and without liability to Engineer and its Engineers.
Prior to Engineer providing to City any Instruments of Service in electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City and
Engineer shall by separate written contract set forth the specific conditions governing the format of such
Instruments of Service or electronic data, including any special limitations not otherwise provided in this
Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is
at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and
any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed
copies of documents conveyed by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers subsequent
to the completion of the Project. Any such change shall be sealed by the engineer making that change
and shall be appropriately marked to reflect what was changed or modified.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
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ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. If any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, City shall be the sole judge.
Compensation for Engineering Services at tennination will be based on a percentage of the Engineering
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Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above, then the amount charged during the thirty -day notice period shall not exceed the amount charged
during the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the reasonable and necessary cost to City of employing another firm to
complete the Engineering Services required and the time required to do so, and other factors which
affect the value to City of the Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affccting the performance of this Contract, including
without Iimitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
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Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to reimbursement of reasonable attorney's fees which may be incurred by City in litigation or
otherwise defending claims or liabilities which may be imposed on City as a result of such negligent
activities by Engineer, its agents, or employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her'its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON -COLLUSION, FINANCIAL INTEREST PROHIBITED
(1) Non -collusion. Engineer warrants that he`she,it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and
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otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of
any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non-
renewal or any material change in coverage, and such notice thereof shall be given to
City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self -Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
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and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Joseph W. Jenkins, P.E.
Senior Client Manager
804 Las Cimas Parkway, Suite 150
Austin, TX 78746
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her -As reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
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(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he"she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through
its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and full performance of the terms and provisions hereof.
CITY OF ROUND ROC S
By:
_4�__tvzlks *
ATTEST:
By: T
Sara L. White, City Clerk
WALKER PARTNERS, LLC
Signature of Principal
Printed Name: John Lindner
15
4RED AS TO RM:Sheets, City Attorney
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5) Exhibit E Certificates of Insurance
16
EXHIBIT A
City Services
The City of Round Rock will furnish to the Engineer the following items/information:
Designate a person to act as City's representative with respect to the services to be performed
or furnished by the Engineer. This representation will have authority to transmit instructions,
receive information, interpret and define City's policies and decisions with respect to
engineering services.
Provide all criteria and full information as to City's requirements for the Task, including as-builts,
and any other information necessary.
Assist Engineer by placing all available information pertinent to the Task, including previous
reports and any other data relative to the ultimate project if available to the City and necessary
for the Engineer to complete the task.
EXHIBIT B
Engineering Services
Engineering Services to be provided:
Services of Engineer
Walker Partners, LLC. (Walker Partners) will provide professional engineering services to assist the City
of Round Rock in evaluating alternatives for minimizing the impacts of the proliferation of the invasive
zebra mussel on its raw water intake screens, pumps, raw water transmission pipeline and water treatment
plant. The evaluation of the zebra control alternatives will also evaluate the potential for secondary
benefits from the zebra mussel control strategy of reducing impacts of iron and manganese and taste and
odor events at its water treatment plant.
Purpose
A recent development related to water treatment is the discovery of zebra mussels, in Central Texas
Lakes, including Lake Georgetown and Stillhouse Lake. These invasive mussels have a long history of
attaching in massive quantities to raw water intakes and pipelines, and creating major damage to the
infrastructure. The purpose of this work is to evaluate alternatives for minimizing the impacts of the zebra
mussels on the City of Round Rock's water facilities.
Central Texas lakes tend to have changing water quality with the changes of temperatures and seasons.
These changes result in algae development that can imbibe earthy -musty taste to the water and
solubilization of trace metals like iron and manganese that can cause discoloration of the water and a
metallic-type taste. Some strategies for zebra mussel control can also have some benefits on better control
of the impacts these seasonal events can have on the taste and odor of the drinking water. It is important
to evaluate these challenges (zebra mussels, iron and manganese, and taste and odors) together and
holistically since many of the treatment methods have impacts on other water quality items like
disinfection by-products.
The intent of the scope below is to outline the engineering services that will provide the City of Round
Rock effective alternatives for controlling zebra mussels and improving water quality and reliability.
Scope of Work
Task 1.4 _ Project Management
1.1 Monthly status reports and Invoicing Summary of monthly activity compared to scope
of work, summary of fee request, and identification of any outstanding issues. Monthly
invoice will be based upon percent complete of scope of work.
00411900
1.2 Quality Control/Quality Assurance - All deliverables will be reviewed by experienced
Walker Partners staff. All comments by City staff and internal staff will be tracked and
responded to in a timely manner.
1.3 Document Controls and Project Close -Out - Organize project information, manage access
to information, post notices as needed, and archive information as required by the City.
Task 2.0 Treatment Process Alternatives Review
2.1 Data Review
2.1.1 Review most up-to-date record drawings of the plant including intake and raw water
pump station
2.1.2 Obtain Iast 5 years of lake water quality data from City of Round Rock, Brazos River
Authority, US Corps of Engineers, and Texas Commission on Environmental Quality
(TCEQ).
2.1.3 Summarize and plot data - Water temperatures, pH, calcium, total alkalinity, total
hardness, dissolved oxygen, total nitrogen, chlorophyll a, total phosphorus, secchi disk,
conductivity, total dissolved solids, turbidity, blue-green algae counts, total organic
carbon, dissolved organic carbon, ammonia, chloride, sulfate, magnesium, iron, and
manganese.
2.1.4 Summarize zebra mussel information and water quality data as it relates to mussel
development, iron and manganese, and taste and odor.
2.2 Development of Treatment Control Strategies
2.2.1 Building on water quality data, develop and review zebra mussel control alternatives.
2.2.2 Review iron and manganese and taste and odor control impacts from treatment
alternatives.
2.2.3 Plan and conduct a half-day workshop with water utility staff to:
2.2.3.1 Review alternatives and develop criteria to screen alternatives e.g.,
impacts on drinking water quality, compatibility with other treatments,
chemical safety, capital costs, operational and maintenance equipment
costs, system complexity, regulatory permitting implications, etc.
2.2.3.2 Screen the alternatives developed for zebra mussel control considering taste
and odor and iron and manganese events.
2.2.3.3 Select alternative(s) to recommend.
2
2.3 Recommendationsilmplementation Plan
2.3.1 Develop a list of recommendations.
2.3.2 Calculate and size preliminary equipment.
2.3.3 Develop an implementation plan and schedule for the recommended approach.
2.3.4 Develop a budgetary cost estimate for the recommended control strategies. This
estimate will be for planning budget.
2.3.5 Submit a draft Technical Memorandum and complete an internal review.
2.3.6 Finalize Technical Memorandum with inclusion of Round Rock staff and Walker
Partner review comments.
Deliverable Summary
1. Draft and final minutes to meetings.
2. Draft and final Technical Memorandum on zebra mussel control strategies Adobe Acrobat pdf
format
3. Presentation on findings and recommendations MS PowerPoint
Assumptions
1. No additional water sampling or laboratory analyses will be completed.
2. The City will provide accurate drawings of existing intake structures, raw water pump stations, and
treatment facilities and property boundaries.
3. No survey services are included in primary scope of work.
Additional Services
The following Additional Services are not included in the Scope of Services and will not be performed
unless specifically authorized by the City:
1. Preliminary Engineering, final design, bid, and construction phase services for implementation of the
recommendations.
2. Underwater diving and inspection services.
3. In -pipe surveys including CCTV inspection.
4. Performing bench -scale or outside laboratory water quality studies.
5. Preparation of applications and supporting documents for private or governmental grants, Ioans, or
advances in connection with the Project; preparation or review of environmental assessments and
impact statements; review and evaluation of the effects on the design requirements for the
Project of any such statements and documents prepared by others; and assistance in obtaining
approvals of authorities having jurisdiction over the anticipated environmental impact of the Project.
6. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify
the accuracy of drawings or other information furnished by City or others.
7. Services required due to delays or other causes beyond )engineer's control.
3
S. Undertaking investigations and studies including, but not limited to, detailed consideration of
operations, maintenance, and overhead expenses; the preparation of feasibility studies, cash flow
and economic evaluations, rate schedules, and appraisals; assistance in obtaining Financing for the
Project; evaluating processes available for licensing, and assisting City in obtaining process
licensing; detailed quantity surveys of materials, equipment, and labor; and audits or inventories
required in connection with construction performed by City.
9. Other services performed or furnished by Engineer not otherwise provided for in this Agreement.
4
EXHIBIT C
Work Schedule
The assumed work duration is 4 weeks from notice -to -proceed.
Project Phase
'task
Duration
(weeks)
Total Time
(weeks from
notice to
proceed)
Task 1- Project Management
4
Task 1 Total
Task 2 - Treatment Process Alternatives Review
2.1 Data Review
1
1
2.2 Development of Treatment Control
Strategies/Workshop
2
3
2.3 Recommendations/implementation Plan
1
4
EXHIBIT D
Fee Schedule
Attached Behind This Page
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EXHIBIT E
Certificates of insurance
Attached Behind This Page
Client#: 2426
WALKPAR
ACORD. CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDDIYYYY)
1011912018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder In lieu of such endorsement(s).
PRODUCER
Ward & Moore Ins Services
P. O. Box 179
254 86 i-8 1 76528
254 865-8411
CONTACT Eva Limmer
NAME
PHH�NN Est :254 865-8411 we —N.I: 254 865-8414
E•MAt1Gatelimmer@ward-moore.com
MESS:
INSURER(S) AFFORDING COVERAGE NAIC 0
INSURER A: The Cincinnati Casualty Co 28665
INSURED Walker Partners, LLC
823 Washington Ave, Ste 100
Waco, TX 76701-1252
INSURER 13. TOXas MUtUSI Ins CO 22945
INSURER C: Beazley Insurance Co Inc
INSURER D:
D713012018
07/30/201
INSURER E;
INSURER F
MED EXP LAny oneperson) $10,000
COVERAGES CERTIFICATE NUMBER: RFVISInN NIJMRFR-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR
LTR
TYPE OF INSURANCE
ADDL
SUS
POLICY NUMBER
POLICY EFF
MMIDDr1,YYY
POLICY EXP
MMIDDIYYYY
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
EPP0266941
D713012018
07/30/201
$110001000
ppEAAACMMHgqOCCURRRENCE
PREMISS EaE=rrenea $1,000.000
MED EXP LAny oneperson) $10,000
X PD Ded:250
PERSONAL & ADV INJURY s 1 000 000
GENERAL AGGREGATE s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER
POLICY { , XJ JECT X_ LOC
PRODUCTS - COMPIOP AGG %2,000,000
$
OTHER.
A
AUTOMOBILE
LIABILITY
EBA0266941
7/30/2018
07/30/201
COMBINED SINGLE LIMIT
Ea aCCitlent
A=1,000,000
X
ANY AUTO
BODILY INJURY (Per person) S
X
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY X AUTOS ONLY
BODILY INJURY Per accident) $
( )
PROPERTY DAMAGE
Per accident $
A
X
UMBRELLA LIAB
X
IOCCUR
EPP0266941
7/30/2018
07/3012019
EACH OCCURRENCE s2,000,000
EXCESS LIAB i
CLAIMS -MADE
AGGREGATE s2,000,000
DED I X I RETENTION SO
$
13
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRtETORIPARTNERIEXECUTIVEr— f
OFFICERIMEMBER EXCLUDED? I NI
N t A
0001226901
7130/2018
07/30/201
RTuTE OTH
X s5TA Eg
EL EACH ACCIDENT $1,000,000
E L D SEASE - EA EMPLOYEE $1,000,000
(Mandatary In NHI
be under
DESCRIPTION OF OPERATIONS below
E L DISEASE - POLICY LIMIT $1,000,000
C
Professional &
V11CD0180801
7/3012018
07/3012019
5,000,000 Each Claim
Engineers Profes-
I
5,000,000 Aggregate
sional &Pollution
I
1
100,000 Ded. Each Claim
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)
Project: Lake Georgetown Zebra Mussel Control Evaluation
Additional Insured endorsement for General Liability, Auto Liability & Umbrella Liability attached.
Waiver of Subrogation endorsement for General Liability, Auto Liability & Workers' Compensation attached.
30 Day Notice of Canceliation endorsement for General Liability, Auto Liability, Umbrella Liability &
Workers' Compensation policies attached.
(See Attached Descriptions)
City of Round Rock
Attn: City Manager
221 East Main Street
Round Rock, TX 78664
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE W1LL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
CORPORATION. All rights reserved.
ACORD 26 (2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S2097171M203779 EOL
SAGITTA 25.3 (2016103) 2 of 2
#S2097171M203779
Named Insured: Walker Partners, LLC
Policy No. F PP026 j941
Policy Period THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
07130/2018
to
07/30/2019 CONTRACTORS' COMMERCIAL GENERAL LIABILITY
BROADENED ENDORSEMENT
This endorsement modifies insurance provided under the fallowing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Endorsement - Table of Contents:
Coverage: Begins on Page:
1.
Employee Benefit Liability Coverage................................................................................................. 2
2.
Unintentional Failure to Disclose Hazards ............................................ ........................w ...................
7
3.
Damage to Premises Rented to You ......................................................... ........................................
8
4.
Supplementary Payments..................................................................................................................9
5.
Medical Payments...............................................................................................-.............................9
6.
Voluntary Property Damage (Coverage a.) and Care, Custody or Control
Liability Coverage (Coverage b.).......................................................................................................9
7.
180 Day Coverage for Newly Formed or Acquired Organizations...................................................10
8.
Waiver of Subrogation.....................................................................................................................10
9.
Automatic Additional Insured - Specified Relationships: ...............................................................10
- Managers or Lessors of Premises;
• Lessor of Leased Equipment;
- Vendors;
• State or Political Subdivisions - Permits Relating to Premises;
• State or Political Subdivisions - Permits; and
- Contractors' Operations
10.
Broadened Contractual Liability -Work Within 50' of Railroad Property.........................................14
11.
Property Damage to Borrowed Equipment......................................................................................14
12.
Employees as Insureds - Specified Health Care Services: ...........................................................14
• Nurses;
• Emergency Medical Technicians; and
- Paramedics
13.
Broadened Notice of Occurrence .............................
14
B. Limits of Insurance:
The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse-
ment, except as provided below:
1. Employee Benefit Liability Coverage
Each Employee Limit: $ 1,000,000
Aggregate Limit $ 3,000,000
Deductible-. $ 1,000
3. Damage to Premises Rented to You
The lesser of:
a. The Each Occurrence Limit shown in the Declarations; or
b. $500,000 unless otherwise stated $
4. Supplementary Payments
a. Bail bonds: $ 1,000
b. Loss of earnings: $ 350
5. Medical Payments
Medical Expense Limit: $ 10,000
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 1 of 15
6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage
(Coverage b.)
Limits of Insurance (Each Occurrence)
Coverage a. $1,000
Coverage b. $5,000 unless otherwise stated $
Deductibles (Each Occurrence)
Coverage a. $250
Coverage b. $250 unless otherwise stated $
COVERAGE
PREMIUM BASIS
RATE
ADVANCE PREMIUM
a. The following is added to SECTION I
a Area
b Payroll
(For Limits in Excess of
(For Limits in Excess of
Liability Coverage.
c Gross Sales
$5,000)
$5,000)
d Units
(a) We will pay those sums that
unless explicitly provided for
the insured becomes legally
e Other
obligated to pay as dam-
ments.
b. Care, Custody
ror or omission of the in-
b This insurance applies to
O pP
or Control
damages only if the ad, er-
son for whose acts the in-
ror or omission, is negli-
TOTAL
ANNUAL PREMIUM
which this insurance ap-
11. Property Damage to Borrowed Equipment
Each Occurrence Limit $ 10,000
Deductible: $ 250
C. Coverages:
have used up the appli-
1. Employee Benefit liability Coverage
nabl limit of insurance
the payment of
a. The following is added to SECTION I
judgments or settle-
- COVERAGES: Employee Benefit
ments.
Liability Coverage.
No other obligation or liabil-
(1) Insuring Agreement
ity to pay sums or perform
ads or services is covered
(a) We will pay those sums that
unless explicitly provided for
the insured becomes legally
under Supplementary Pay -
obligated to pay as dam-
ments.
ages caused by any ad, er-
ror or omission of the in-
b This insurance applies to
O pP
sured, or of any other per-
damages only if the ad, er-
son for whose acts the in-
ror or omission, is negli-
sured is legally liable, to
gently committed in the
which this insurance ap-
"administration" of your
plies. We will have the right
"employee benefit pro -
and duty to defend the in-
gram"; and
sured against any "suit"
1) Occurs during the pol-
seeking those damages.
icy period; or
However, we will have no
duty to defend against any
2) Occurred prior to the
"suit" seeking damages to
effective date of this
which this insurance does
endorsement provided:
not apply. We may, at our
discretion, investigate any
a) You did not have
report of an act, error or
knowledge of a
omission and settle any
claim or "suit' on
claim or "suit" that may re-
or before the ef-
sult. But:
fective date of this
endorsement.
1) The amount we will pay
for damages is limited
You will be
as described in SEC-
deemed to have
TION III - LIMITS OF
knowledge of a
INSURANCE; and
claim or "suit'
when any "author -
2) Our right and duty to
ized representa-
defend ends when we
tive";
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 2 of 15
Damages arising out of fail-
I) Reports all, or
ure of performance of con-
formance of investment
tract by any insurer.
any part, of the
(d) Insufficiency of Funds
vehicles; or
act, error or
omission to us
Damages arising out of an
3) Advice given to any
insufficiency of funds to
or any other
meet any obligations under
person with respect to
any plan included in the
insurer;
"employee benefit pro-
gram".
that person's decision
any:
(e) Inadequacy of Perform-
to participate or not to
ante of Investment 1 Ad-
ii) Receives a
vice Given With Respect
participate in any plan
to Participation
written or ver-
Any claim based upon:
included in the "em-
1) Failure of any invest-
bal demand or
ployee benefit pro-
2) Errors in providing in-
claim for dam-
formation on past per-
gram".
ages because
of the act, er-
(f)
Workers' Compensation
ror or omis-
and Similar Laws
sion; and
Any claim arising out of your
b) There is no other
failure to comply with the
applicable insur-
mandatory provisions of any
ante.
workers' compensation, un-
ent ensation
(2) Exclusions
insurance, social security or
T
This insurance does not apply
disability benefits law or any
similar law.
to:
(a)
Bodily Injury, Property
(g)
ERISA
Damage or Personal and
Damages for which any in -
Advertising Injury
sured is liable because of li-
"l3odily injury", "property
"personal
ability imposed on a fiduci-
Employee
damage" or and
tireentthIncomlSecurity
advertising injury".
Act of 1974, as now or
(b)
Dishonest, Fraudulent,
hereafter amended, or by
Criminal or Malicious Act
any similar federal, state or
local laws.
Damages arising out of any
intentional, dishonest,
(h)
Available Benefits
fraudulent, criminal or mali-
Any claim for benefits to the
cious act, error or omission,
extent that such benefits are
committed by any insured,
available, with reasonable
including the willful or reck-
effort and cooperation of the
less violation of any statute.
insured, from the applicable
(c)
Failure to Perform a Con-
funds accrued or other col -
tract
lectible insurance.
Damages arising out of fail-
(i) Taxes, Fines or Penalties
ure of performance of con-
Taxes, fines or penalties,
tract by any insurer.
including those imposed
(d) Insufficiency of Funds
under the Internal Revenue
Code or any similar state or
Damages arising out of an
local law.
insufficiency of funds to
meet any obligations under
u) Employment -Related
any plan included in the
Pratice
Practices
"employee benefit pro-
gram".
Any liability arising out of
any:
(e) Inadequacy of Perform-
(1) Refusal to employ;
ante of Investment 1 Ad-
vice Given With Respect
(2) Termination of em -
to Participation
ployment;
Any claim based upon:
(3) Coercion, demotion,
1) Failure of any invest-
evaluation, reassign-
ment, discipline, defa-
mation, harassment,
2) Errors in providing in-
humiliation, discrimina-
formation on past per-
tion or other employ -
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 3 of 16
ment related practices,
acts or omissions; or
(4) Consequential liability
as a result of (1), (2) or
(3) above.
This exclusion applies
whether the insured may be
held liable as an employer
or in any other capacity and
to any obligation to share
damages with or repay
someone else who must
pay damages because of
the injury.
(3) Supplementary Payments
SECTION I - COVERAGES,
SUPPLEMENTARY PAY-
MENTS - COVERAGES A AND
B also apply to this Coverage.
b. Who is an Insured
As respects Employee Benefit Liabil-
ity Coverage, SECTION II -WHO IS
AN INSURED is deleted in its en-
tirety and replaced by the following:
(1) If you are designated in the Dec-
larations as:
(a) An individual, you and your
spouse are insureds, but
only with respect to the con-
duct of a business of which
you are the sole owner.
(b) A partnership or joint ven-
ture, you are an insured.
Your members, your part-
ners, and their spouses are
also insureds but only with
respect to the conduct of
your business.
(c) A limited liability company,
you are an insured. Your
members are also insureds,
but only with respect to the
conduct of your business.
Your managers are insur-
eds, but only with respect to
their duties as your manag-
ers.
(d) An organization other than a
partnership, joint venture or
limited liability company,
you are an insured. Your
"executive officers" and di-
rectors are insureds, but
only with respect to their du-
ties as your officers or direc-
tors. Your stockholders are
also insureds, but only with
respect to their liability as
stockholders.
(e) A trust, you are an insured.
Your trustees are also in-
sureds, but only with re-
spect to their duties as trus-
tees.
(2) Each of the following is also an
insured:
(a) Each of your "employees"
who is or was authorized to
administer your "employee
benefit program".
(b) Any persons, organizations
or "employees" having
proper temporary authoriza-
tion to administer your "em-
ployee benefit program" if
you die, but only until your
legal representative is ap-
pointed.
(c) Your legal representative if
you die, but only with re-
spect to duties as such.
That representative will
have all your rights and du-
ties under this Coverage
Part.
(3) Any organization you newly ac-
quire or form, other than a part-
nership, joint venture or limited
liability company, and over
which you maintain ownership or
majority interest, will qualify as a
Named Insured if no other simi-
lar insurance applies to that or-
ganization. However, coverage
under this provision:
(a) Is afforded only until the
180th day after you acquire
or form the organization or
the end of the policy period,
whichever is earlier; and
(b) Does not apply to any act,
error or omission that was
committed before you ac-
quired or formed the organi-
zation.
c. Limits of Insurance
As respects Employee Benefit Liabil-
ity Coverage, SECTION 111 - LIMITS
OF INSURANCE is deleted in its en-
tirety and replaced by the following:
(1) The Limits of Insurance shown
in Section B. Limits of Insur-
ance, 1. Employee Benefit Li-
ability Coverage and the rules
below fix the most we will pay
regardless of the number of:
(a) Insureds;
Includes copyrighted material of Insurance
GA 233 02 07 Senrices Office, Inc., with its permission. Page 4 of 15
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 5 of 15
(b) Claims made or "suits"
(b) The deductible amount
brought;
stated in the Declarations
(c) Persons or organizations
applies to all damages sus -
tained by any one "em -
making claims or bringing
"suits";
ployee", including such "em -
ployee's" dependents and
(d) Acts, errors or omissions; or
beneficiaries, because of all
acts, errors or omissions to
(e) Benefits included in your
which this insurance ap-
"employee benefit pro-
plies.
's
gram.
(c) The terms of this insurance,
(2)
The Aggregate Limit shown in
including those with respect
Section B. Limits of Insurance,
to:
1. Employee Benefit Liability
Coverage of this endorsement
7 ) Our right and duty to
is the most we will pay for all
defend the insured
damages because of acts, errors
against any "suits"
or omissions negligently commit-
seeking those dam -
ted in the "administration" of
ages; and
your "employee benefit pro-
2) Your duties, and the
gram".
duties of any other in -
(3)
Subject to the limit described in
volved insured, in the
(2) above, the Each Employee
event of an act, error or
Limit shown in Section B. Limits
omission, or claim,
of Insurance, 1. Employee
apply irrespective of the ap-
Benefit Liability Coverage of
plication of the deductible
this endorsement is the most we
amount.
will pay for all damages sus-
tained by any one "employee",
(d) We may pay any part or all
including damages sustained by
of the deductible amount to
such "employee's" dependents
effect settlement of any
and beneficiaries, as a result of
claim or "suit" and, upon no-
(a) An act, error or omission; or
tification of the action taken,
you shall promptly reim-
(b) A series of related acts, er-
burse us for such part of the
rors or omissions, regard-
deductible amount as we
less of the amount of time
have paid.
that lapses between such
d. Additional Conditions
ads, errors or omissions,
negligently committed in the
"administration"
As respects Employee Benefit Li -
ability Coverage, SECTION IV -
of your "em-
COMMERCIAL GENERAL LIABIL-
ployee benefit program".
ITY CONDITIONS is amended as fol -
However, the amount paid under
lows:
this endorsement shall not ex-
(1) Item 2. Duties in the Event of
ceed, and will be subject to the
Occurrence, Offense, Claim or
limits and restrictions that apply
Suit is deleted in its entirety and
to the payment of benefits in any
replaced by the following:
plan included in the "employee
benefit program".
2. Duties in the Event of an Act, Error or
(4)
Deductible Amount
Omission, or Claim or Suit
(a) Our obligation to pay dam-
a. You must see to it that we are noti-
fied as soon as practicable of an act,
ages on behalf of the in-
error or omission which may result in
cured applies only to the
a claim. To the extent possible, no -
amount of damages in ex-
tice should include:
cess of the deductible
amount stated in the Decla-
(1) What the act, error or omission
rations as applicable to
was and when it occurred; and
Each Employee. The limits
of insurance shall not be re-
(2) The names and addresses of
duced by the amount of this
anyone who may suffer dam -
deductible.
ages as a result of the act, error
or omission.
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 5 of 15
b. If a claim is made or "suit" is brought
against any insured, you must:
(1) Immediately record the specifics
of the claim or "suit" and the
date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive
written notice of the claim or "suit" as
soon as practicable.
c. You and any other involved insured
must:
(1) Immediately send us copies of
any demands, notices, sum-
monses or legal papers received
in connection with the claim or
"suit";
(2) Authorize us to obtain records
and other information;
(3) Cooperate with us in the investi-
gation or settlement of the claim
or defense against the "suit;
and
(4) Assist us, upon our request, in
the enforcement of any right
against any person or organiza-
tion which may be liable to the
insured because of an act, error
or omission to which this insur-
ance may also apply.
d. No insured will, except at that in-
sured's own cost, voluntarily make a
payment, assume any obligation, or
incur any expense without our con-
sent.
(2) Item 5. Other Insurance is de-
leted in its entirety and replaced
by the following:
5. Other Insurance
If other valid and collectible
insurance is available to the
insured for a loss we cover
under this Coverage Part,
our obligations are limited
as follows:
a. Primary Insurance
This insurance is pri-
mary except when c.
below applies. If this
insurance is primary,
our obligations are not
affected unless any of
the other insurance is
also primary. Then, we
will share with all that
other insurance by the
method described in b.
below.
b. Method of Sharing
If all of the other insur-
ance permits contribu-
tion by equal shares,
we will follow this
method also. Under
this approach each in-
surer contributes equal
amounts until it has
paid its applicable limit
of insurance or none of
the loss remains,
whichever comes first.
If any of the other in-
surance does not per-
mit contribution by
equal shares, we will
contribute by limits.
Under this method,
each insurer's share is
based on the ratio of its
applicable limit of in-
surance to the total ap-
plicable limits of insur-
ance of all insurers.
c. No Coverage
This insurance shall not
cover any loss for
which the insured is en-
titled to recovery under
any other insurance in
force previous to the ef-
fective date of this
Coverage Part.
e. Additional Definitions
As respects Employee Benefit Li-
ability Coverage, SECTION V -
DEFI ITIONS is amended as fol-
lows:
(1) The following definitions are
added:
1. "Administration" means:
a. Providing information to
"employees", including
their dependents and
beneficiaries, with re-
spect to eligibility for or
scope of "employee
benefit programs'",
b. Interpreting the "em-
ployee benefit pro-
grams';
c. Handling records in
connection with the
"employee benefit pro-
grams"; or
d. Effecting, continuing or
terminating any "em-
ployee's" participation
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 6 of 15
in any benefit included
benefits, workers' com-
in the "employee bene-
pensation and disability
fit program".
benefits; and
However, "administration"
d. Vacation plans, includ-
does not include:
ing buy and sell pro-
s. Handling payroll
grams; leave of ab-
in
tions; or
sence programs, -
cluding military, mater -
b. The failure to effect or
nity, family, and civil
maintain any insurance
leave; tuition assis-
or adequate limits of
tante plans; transporta-
coverage of insurance,
tion and health dub
including but not limited
subsidies.
to unemployment in-
(2) The following definitions are de-
surance, social security
leted in their entirety and re -
benefits, workers' com-
placed by the following:
pensation and disability
benefits.
21. "Suit' means a civil pro -
2. "Cafeteria p fans" means
ceeding in which money
damages because of an act,
plan authorized by applica-
error or omission to which
ble law to allow "employ-
this insurance applies are
eessto elect to pay for oer-
alleged. "Suit" includes:
tain benefits with pre-tax
dollars.
a. An arbitration proceed-
ing in which such dam -
3. "Employee p
ages are claimed and
grams" means a program
to which the insured
providing some or all of the
must submit or does
following benefits to "em-
submit with our con-
ployees", whether provided
sent;
through a "cafeteria plan" or
otherwise:
b. Any other alternative
a. Grouplife insurance;
dispute resolution pro-
ceeding in which such
group accident or
damages are claimed
health insurance; den-
and to which the in -
tai, vision and hearing
sured submits with our
plans; and flexible
consent; or
spending accounts;
provided that no one
c. An appeal of civil pro -
other than an "em-
ceeding.
ployee" may subscribe
to such benefits and
8. "Employee" means a per -
such benefits are made
son actively employed, for -
generally available to
merly employed, on leave of
those "employees" who
absence or disabled, or re -
satisfy the plan's eligi-
tired. "Employee" includes
bility requirements;
a "leased worker". "Em-
ployee does not include a
b. Profit sharing plans,
"temporary worker".
employee savings
plans, employee stock
2. Unintentional Failure to Disclose Haz-
ownership plans, pen-
aids
sion plans and stock
SECTION IV -COMMERCIAL GENERAL
subscription plans, pro-
LIABILITY CONDITIONS, 7. Represen-
vided that no one other
tations is hereby amended by the addi-
than an employee
tion of the following:
may subscribe to such
benefits and such
Based on our dependence upon your rep -
benefits are made gen-
resentations as to existing hazards, if un-
erally available to all
intentionally you should fail to disclose all
"employees" who are
such hazards at the inception date of your
eligible under the plan
policy, we will not reject coverage under
for such benefits;
this Coverage Part based solely on such
c. Unemployment insur-
failure.
ante, social security
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Ina, with its permission. Page 7 of 15
3. Damage to Premises Rented to You
f) Nesting or infesta-
a. The last Subparagraph of Paragraph
tion, or discharge
or release of
2. SECTION I - COVERAGES,
waste products or
COVERAGE A. - BODILY INJURY
secretions, by in -
AND PROPERTY DAMAGE, 2. LI-
sects, birds, ro-
ABILITY Exclusions is hereby de-
dents or other
leted and replaced by the following:
animals.
Exclusions c. through q. do not apply
(b) Loss caused directly or indi-
to damage by fire, explosion, light-
rectly by any of the follow-
ning, smoke or soot to premises
ing:
while rented to you or temporarily oc-
cupied by you with permission of the
1) Earthquake, volcanic
owner.
eruption, landslide or
b. The insurance provided under SEC-
any other earth move -
ment;
TION I - COVERAGES, COVERAGE
A. BODILY INJURY AND PROP-
2) Water that backs up or
ERTY DAMAGE LIABILITY applies
overflows from a sewer,
to "property damage" arising out of
drain or sump;
water damage to premises that are
both rented to and occupied by you.
3) Water under the ground
surface pressing on, or
(1) As respects Water Damage Le-
flowing or seeping
gal Liability, as provided in
through:
Paragraph 3.b. above:
a) Foundations,
The exclusions under SECTION
walls, floors or
- COVERAGES, COVERAGE
paved surfaces;
A. BODILY INJURY AND
PROPERTY DAMAGE LIABIL-
b) Basements,
ITY, 2. Exclusions, other than L
whether paved or
War and the Nuclear Energy
not; or
Liability Exclusion, are deleted
c) Doors, windows or
and the following are added:
other openings.
This insurance does not apply
(c) Loss caused by or resulting
to:
from water that leaks or
(a) "Property damage":
flaws from plumbing, heat-
ing, air conditioning, or fire
1) Assumed in any con-
protection systems caused
tract; or
by or resulting from freez-
ing, unless:
2) Loss caused by or re-
sulting from any of the
1) You did your best to
following:
maintain heat in the
building or structure; or
a) Wear and tear;
2) You drained the
b Rust, corrosion,
equipment and shut off
fungus, decay, de-
the water supply if the
terioration, hidden
heat was not main -
or latent defect or
tained.
any quality in
property that
(d) Loss to or damage to:
causes it to dam-
age or destroy it-
1) Plumbing, heating, air
self,
conditioning, fire pro-
tection systems, or
c) Smog;
other equipment or ap-
d) Mechanical break
pliances; or
down including
2) The interior of any
rupture or bursting
building or structure, or
caused by cen-
to personal property in
trifugal force;
the building or structure
e Setilin cracking,
Setting, g,
caused by or resulting
from rain, snow, sleet
shrinking or ex-
or ice, whether driven
pansion; or
by wind or not.
GA 233 02 07
Includes copyrighted material of Insurance
Services Office, Inc., with its permission. Page 8 of 15
c. Limit of Insurance
Limits of Insurance, 5. Medical Pay -
ments of this endorsement.
The Damage to Premises Rented to
You Limit as shown in the Declara-
6. Voluntary Property Damage and Care,
tions is amended as follows:
Custody or Control Liability Coverage
(2) Paragraph 6. of SECTION III -
a. Voluntary Property Damage Cov-
LIMITS OF INSURANCE is
erage
hereby deleted and replaced by
the following:
We will pay for "property damage" to
property of others arising out of op -
6. Subject to 5. above, the
erations incidental to the insured's
Damage to Premises
business when:
Rented to You Limit is the
most we will pay under
(1) Damage is caused by the in -
COVERAGE A. BODILY
sured; or
INJURY AND PROPERTY
(2) Damage occurs while in the in -
DAMAGE LIABILITY, for
"prop-
sured's possession.
damages because of
erty damage" to premises
With your consent, we will make
while rented to you or tem-
these payments regardless of fault.
porarily occupied by you
with permission of the
b. Care, Custody or Control Liability
owner, arising out of any
Coverage
one "occurrence" to which
this insurance applies.
SECTION I - COVERAGES, COV -
ERAGE A. BODILY INJURY AND
(3) The amount we will pay is lim-
PROPERTY DAMAGE LIABILITY,
ited as described in Section B.
2. Exclusions, j. Damage to Prop -
Limits of Insurance, 3. Dam-
erty, Subparagraphs (3), (4) and (5)
age to Premises Rented to
do not apply to "property damage" to
You of this endorsement.
the property of others described
therein.
4. Supplementary Payments
With respell to the insurance provided by
Under SECTION I - COVERAGE, SUP-
this section of the endorsement, the fol-
PLEMENTARY PAYMENTS - COVER-
lowing additional provisions apply:
AGES A AND B:
a. The Limits of Insurance shown in the
a. Paragraph 2. is replaced by the fol-
Declarations are replaced by the lim-
lowing:
its designated in Section B. Limits of
Up to the limit shown in Section B.
Insurance, 6. Voluntary Property
Damage and Care, Custody or
Limits of Insurance, 4.a. Bail Bonds
Control Liability Coverage of this
of this endorsement for cost of bail
endorsement with respect to cover -
bonds required because of accidents
age provided by this endorsement.
or traffic law violations arising out of
These limits are inclusive of and not
the use of any vehicle to which the
in addition to the limits being re-
Bodily Injury Liability Coverage ap-
placed. The Limits of Insurance
plies. We do not have to furnish
shown in Section B. Limits of Insur-
these bonds.
ance, 6. Voluntary Property Dam -
b. Paragraph 4. is replaced by the fol-
age and Care, Custody or Control
lowing:
Liability Coverage of this endorse-
ment fix the most we will pay in any
All reasonable expenses incurred by
one "occurrence" regardless of the
the insured at our request to assist
number of:
us in the investigation or defense of
the claim or "suit", including actual
(1 ) Insureds;
loss of earnings up to the limit shown
(2) Claims made or "suits" brought;
in Section B. Limits of Insurance,
or
4.b. Loss of Earnings of this en-
dorsement per day because of time
(3) Persons or organizations making
off from work.
claims or bringing "suits".
5. Medical Payments
b. Deductible Clause
The Medical Expense Limit of Any One (1) Our obligation to pay damages
Person as stated in the Declarations is on your behalf applies only to
amended to the limit shown in Section B. the amount of damages for each
"occurrence" which are in ex -
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc, with its permission. Page 9 of 15
cess of the deductible amount
(1) Any person or organization de-
stated in Section B. Limits of
scribed in Paragraph 9.a.(2) be-
Insurance, 6. Voluntary Prop-
low (hereinafter referred to as
erty Damage and Care, Cus-
additional insured) whom you
tody or Control Liability Cov-
are required to add as an addi-
erage of this endorsement. The
tional insured under this Cover-
limits of insurance will not be re-
age Part by reason of.
duced by the application of such
deductible amount.
(a) A written contract or agree-
ment; or
(2) Condition 2. Duties in the
Event of Occurrence, Offense,
(b) An oral agreement or con-
Claim or Suit, applies to each
tract where a certificate of
claim or "suit" irrespective of the
insurance showing that per-
amount.
son or organization as an
additional insured has been
(3) We may pay any part or all of
issued,
the deductible amount to effect
settlement of any claim or "suit"
is an insured, provided:
and, upon notification of the ac-
(a) The written or oral contract
tion taken, you shall promptly re-
or agreement is:
imburse us for such part of the
deductible amount as has been
1) Currently in effect or
paid by us.
becomes effective dur-
7. 180 Day Coverage for Newly Formed or
ing the policy period;
and
Acquired Organizations
SECTION II - WHO IS AN INSURED is
2) Executed prior to an
occurrence or offense
amended as follows:
to which this insurance
Subparagraph a. of Paragraph 4. is
would apply; and
hereby deleted and replaced by the fol-
(b) They are not specifically
lowing:
named as an additional in-
a. Insurance under this provision is af-
sured under any other pro-
forded only until the 180th day after
vision of, or endorsement
you acquire or form the organization
added to, this Coverage
or the end of the policy period,
Part.
whichever is earlier;
(2) Only the following persons or
8. Waiver of Subrogation
organizations are additional in-
sureds under this endorsement,
SECTION IV - COMMERCIAL GENERAL
and insurance coverage pro-
LIABILITY CONDITIONS, 9. Transfer of
vided to such additional insureds
Rights of Recovery Against Others to
is limited as provided herein:
Us is hereby amended by the addition of
the following:
(a) The manager or lessor of a
premises leased to you with
We waive any right of recovery we may
whom you have agreed per
have because of payments we make for
Paragraph 9.a.(1) above to
injury or damage arising out of your ongo-
provide insurance, but only
ing operations or "your work' done under
with respect to liability aris-
a written contract requiring such waiver
ing out of the ownership,
with that person or organization and in-
maintenance or use of that
cluded in the "products-completed opera-
part of a premises leased to
tions hazard". However, our rights may
you, subject to the following
only be waived prior to the "occurrence"
additional exclusions:
giving rise to the injury or damage for
which we make payment under this Cov-
This insurance does not ap-
erage Part. The insured must do nothing
ply to:
after a loss to impair our rights. At our
"suit"
1) Any "occurrence" which
request, the insured will bring or
takes place after you
transfer those rights to us and help us en-
cease to be a tenant in
force those rights.
that premises.
9. Automatic Additional Insured - Speci-
2) Structural alterations,
fied Relationships
new construction or
a. The following is hereby added to
demolition operations
SECTION 11- WHO IS AN INSURED:
performed by or on be -
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 15
GA 233 02 07
half of such additional
solely for the pur-
insured.
pose of inspection,
demonstration,
(b) Any person or organization
testing, or the
from which you lease
substitution of
equipment with whom you
parts under in -
have agreed per Paragraph
structions from the
9.a.(1) above to provide in-
manufacturer, and
surance. Such person(s) or
then repackaged
organization(s) are insureds
in the original con -
solely with respect to their
tainer;
'
liability arising out of the
maintenance, operation or
e)
Any failure to
use by you of equipment
make such inspec-
leased to you by such per-
tions, adjustments,
son(s) or organizations(s).
tests or servicing
However, this insurance
as the vendor has
does not apply to any "oc-
agreed to make or
currence" which takes place
normally under -
after the equipment lease
takes to make in
expires.
the usual course
of business, in
person or organization
(c) Any p g
connection with
(referred to below as ven-
the distribution or
dor) with whom you have
sale of the prod -
agreed per Paragraph
ucts;
9.a.(1) above to provide in-
surance, but only with re-
f)
Demonstration, in-
spect to "bodily injury" or
stallation, servic-
"property damage" arising
ing or repair op -
out of "your products" which
erations, except
are distributed or sold in the
such operations
regular course of the ven-
performed at the
does business, subject to
vendor's premises
the following additional ex-
in connection with
clusions:
the sale of the
product;
1) The insurance afforded
the vendor does not
g)
Products which,
apply to:
after distribution or
sale by you, have
a "Bodilyinjury" or
been labeled or re -
"property damage"
labeled or used as
for which the ven-
a container, part or
dor is obligated to
ingredient of any
pay damages by
other thing or sub -
reason of the as-
stance by or for
sumption of liabil-
the vendor.
ity in a contract or
agreement. This
2) This
insurance does
exclusion does not
not
apply to any in -
apply to liability for
sured
person or organi-
damages that the
zation:
vendor would have
in the absence of
a)
From whom you
the contract or
have acquired
agreement;
such products, or
any ingredient,
b) Any express war-
part or container,
ranty unauthorized
entering into, ac -
by you;
companying or
containing such
c) Any physical or
products; or
chemical change
in the product
b)
When liability in -
made intentionally
cluded within the
by the vendor;
"products -
d) Repackaging,
completed opera -
tions hazard" has
unless unpacked
Includes copyrighted material of Insurance
Services Office, Inc., with its permission.
Page 11 of 15
been excluded
(f) Any person or organization
under this Cover-
with which you have agreed
age Part with re-
per Paragraph 9.a.(1) above
spect to such
to provide insurance, but
products.
only with respect to liability
d An state or political subdi-
(� Y P
arising out of "your work"
performed for that additional
vision with which you have
insured by you or on your
agreed per Paragraph
behalf. A person or organi-
9.a.(1) above to provide in-
zation's status as an insured
surance, subject to the fol-
under this provision of this
lowing additional provision:
endorsement continues for
This insurance applies only
only the period of time re -
with respect to the following
quired by the written con -
hazards for which the state
tract or agreement, but in no
or political subdivision has
event beyond the expiration
issued a permit in connec-
date of this Coverage Part.
tion with premises you own,
If there is no written contract
rent or control and to which
or agreement, or if no pe -
this insurance applies:
riod of time is required by
the written contract or
1) The existence, mainte-
agreement, a person or or-
nance, repair, construc-
ganization's status as an in -
tion, erection, or re-
sured under this endorse-
moval of advertising
ment ends when your op -
signs, awnings, cano-
erations for that insured are
pies, cellar entrances,
completed.
coal holes, driveways,
manholes, marquees,
(3) Any insurance provided to an
hoist away openings,
additional insured designated
under Paragraph 9.a.(2):
sidewalk vaults, street
banners, or decorations
(a) Subparagraphs (e) and (f)
and similar exposures;
does not apply to "bodily in -
or
jury" or "property damage"
2) The construction, erec-
included within the "prod -
tion, or removal of ele-
ucts-completed operations
vators; or
hazard";
3) The ownership, main-
(b) Subparagraphs (a), (b), (d),
tenance, or use of any
(e) and (f) does not apply to
elevators covered by
bodily injury", property
"personal
this insurance.
damage" or and
advertising injury" arising
(e) Any state or political subdi-
out of the sole negligence or
vision with which you have
willful misconduct of the ad -
agreed per Paragraph
ditional insured or their
9.a.(1) above to provide in-
agents, "employees" or any
surance, subject to the fol-
other representative of the
lowing provisions:
additional insured; or
1) This insurance applies
(c) Subparagraph (f) does not
only with respect to op-
apply to "bodily injury",
erations performed by
"property damage" or "per -
you or on your behalf
sonal and advertising injury"
for which the state or
arising out of:
political subdivision has
issued a permit.
1) Defects in design fur -
nished by or on behalf
2) This insurance does
of the additional in -
not apply to "bodily in-
sured; or
jury", "property dam-
age" or "personal and
2) The rendering of, or
advertising injury" aris-
failure to render, any
professional architec-
ing out of operations
performed for the state
sural, engineering or
or political subdivision.
surveying services, in-
cluding:
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 12 of 15
a) The preparing,
primary to other insurance
approving or fail-
available to the additional
ing to prepare or
insured except:
approve maps,
shop drawings,
1) As otherwise provided
opinions, reports,
in SECTION IV -
surveys, field or-
COMMERCIAL GEN-
ders, change or-
ERAL LIABILITY
ders or drawings
CONDITIONS, 5.
and specifications;
Other Insurance, b.
and
Excess Insurance; or
b) Supervisory, in-
2) For any other valid and
spection, architec-
collectible insurance
tural or engineer-
available to the addi-
ing activities.
tional insured as an
additional insured by
3) "Your work" for which a
attachment of an en -
consolidated (wrap-up)
dorsement to another
insurance program has
insurance policy that is
been provided by the
written on an excess
primeoontractor-project
basis. In such case,
manager or owner of
the coverage provided
the construction project
under this endorsement
in which you are in-
shall also be excess.
volved.
(2) Condition 11. Conformance to
b. Only with regard to insurance pro-
Specific Written Contract or
vided to an additional insured desig-
Agreement is hereby added:
nated under Paragraph 9.a.(2)
Sub-
paragraph (f) above, SECTIO
III -
11. Conformance to Specific
LIMITS OF INSURANCE is amended
Written Contract or
to include:
Agreement
The limits applicable to the additional
With respect to additional
insured are those specified in the
insureds described in Para -
written contract or agreement or in
graph 9.a.(2)(f) above only:
the Declarations of this Coverage
If a written contract or
Part, whichever are less. If no limits
agreement between you
are specified in the written contract or
and the additional insured
agreement, or if there is no written
specifies that coverage for
contract or agreement, the limits ap-
the additional insured:
plicable to the additional insured are
those specked in the Declarations of
a. Be provided by the In -
this Coverage Part. The limits of in-
surance Services Office
surance are inclusive of and not in
additional insured form
addition to the limits of insurance
number CG 20 10 or
shown in the Declarations.
CG 20 37 (where edi-
c. SECTION IV - COMMERCIAL GEN-
tion specified); or
ERAL LIABILITY CONDITIONS is
b. Include coverage for
hereby amended as follows:
completed operations;
(1) Condition 5. Other Insurance is
or
amended to include:
c. Include coverage for
(a) Where required by a written
"your work";
contract or agreement, this
and where the limits or cov-
insuranoe is primary and /
erage provided to the addi-
or noncontributory as re-
tional insured is more re-
spects any other insurance
strictive than was specifi-
policy issued to the addi-
cally required in that written
tional insured, and such
contract or agreement, the
other insurance policy shall
terms of Paragraphs
be excess and / or noncon-
9.a.(3)(a), 9.a.(3)(b) or 9.b.
tributing, whichever applies,
above, or any combination
with this insurance.
thereof, shall be interpreted
(b) Any insurance provided by
as providing the limits or
coverage required by the
this endorsement shall be
terms of the written contract
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 13 of 15
or agreement. but only to
the extent that such limits or
coverage is included within
the terms of the Coverage
Part to which this endorse-
ment is attached. If, how-
ever, the written contract or
agreement specifies the In-
surance Services Office ad-
ditional insured form num-
ber CG 20 10 but does not
specify which edition, or
specifies an edition that
does not exist, Paragraphs
9.a.(3)(a) and 9.a.(3)(b) of
this endorsement shall not
apply and Paragraph 9.b. of
this endorsement shall ap-
ply.
10. Broadened Contractual Liability -Work
Within 50' of Railroad Property
It is hereby agreed that Paragraph f.(1) of
Definition 12. "Insured contract" (SEC-
TION V - DEFINITIONS) is deleted.
11. Property Damage to Borrowed Equip-
ment
a. The following is hereby added to Ex-
clusion j. Damage to Property of
Paragraph 2., Exclusions of SEC-
TION I - COVERAGES, COVERAGE
A. BODILY INJURY AND PROP-
ERTY DAMAGE LIABILITY:
Paragraphs (3) and (4) of this exclu-
sion do not apply to tools or equip-
ment loaned to you, provided they
are not being used to perform opera-
tions at the time of loss.
b. With respect to the insurance pro-
vided by this section of the endorse-
ment, the following additional provi-
sions apply:
(1) The Limits of insurance shown in
the Declarations are replaced by
the limits designated in Section
B. Limits of Insurance, 11. of
this endorsement with respect to
coverage provided by this en-
dorsement. These limits are in-
clusive of and not in addition to
the limits being replaced. The
Limits of Insurance shown in
Section B. Limits of Insurance,
11. of this endorsement fix the
most we will pay in any one "oc-
currence" regardless of the
number of:
(a) Insureds;
(b) Claims made or "suits"
brought; or
(c) Persons or organizations
making claims or bring
"Suits".
(2) Deductible Clause
(a) Our obligation to pay dam-
ages on your behalf applies
only to the amount of dam-
ages for each "occurrence"
which are in excess of the
Deductible amount stated in
Section B. Limits of Insur-
ance, 11. of this endorse-
ment. The limits of insur-
ance will not be reduced by
the application of such De-
ductible amount.
(b) Condition 2. Duties in the
Event of Occurrence, Of-
fense, Claim or Suit, ap-
plies to each claim or "suit"
irrespective of the amount.
(c) We may pay any part or all
of the deductible amount to
effect settlement of any
claim or "suit" and, upon no-
tification of the action taken,
you shall promptly reim-
burse us for such part of the
deductible amount as has
been paid by us.
12. Employees as Insureds - Specified
Health Care Services
It is hereby agreed that Paragraph
2.a.Rdbof SECTION II - WHO IS AN
INSUURRE , does not apply to your "em-
ployees" who provide professional health
care services on your behalf as duly li-
censed:
a. Nurses;
b. Emergency Medical Technicians; or
c. Paramedics,
in the jurisdiction where an "occurrence"
or offense to which this insurance applies
takes place.
13. Broadened Notice of Occurrence
Paragraph a. of Condition 2. Duties in
the Event of Occurrence, Offense,
Claim or Suit (SECTION IV - COMMER-
CIAL GENERAL LIABILITY CONDI-
TIONS) is hereby deleted and replaced
by the following:
a. You must see to it that we are noti-
fied as soon as practicable of an "oc-
currence" or an offense which may
result in a claim. To the extent pos-
sible, notice should include:
(1) How, when and where the "oc-
currence" or offense took place;
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 14 of 15
(2) The names and addresses of
any injured persons and wit-
nesses; and
(3) The nature and location of any
injury or damage arising out of
the "occurrence" or offense.
This requirement applies only when
the "occurrence" or offense is known
to an "authorized representative".
Includes copyrighted material of Insurance
GA 233 02 07 Ser% ices Office, Inc., with its permission. Page 16 of 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED BY CONTRACT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
This endorsement changes the policy effective on the inception date of the policy unless another date is indi-
cated below.
Endorsement Effective: 07/30/2018 I Policy Number: EBA0266941
Named Insured: walker Partners. LLC
Countersigned by:
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
SECTION II - LIABILITY COVERAGE, A. Cover-
age, I. Who Is an Insured is amended to include
as an insured any person or organization with
which you have agreed in a valid written contract
to provide insurance as is afforded 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 executed prior to the
"bodily injury" or "property damage".
AA 4171 1105
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET WAIVER OF SUBROGATION - AUTO
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
This endorsement changes the policy effective on the Inception date of the policy unless another date is indi-
cated below.
Endorsement Effective: 07/3012018
Named Insured: Walker Partners, LLC
Countersigned by:
Policy Number. EBAD266941
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
1. Blanket Waiver of Subrogation
SECTION 1V - BUSINESS AUTO CONDI-
TIONS, A. Loss Conditions, S. 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
AA 4172 09 09
of payments we make for "bodily injury" or
"property damage" arising out of the operation
of a covered "auto" when you have assumed
liability for such "bodily Injury" or "property
damage" under an "insured contract", pro-
vided the "bodily injury" or "property damage"
occurs subsequent to the execution of the "in-
sured contract".
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY INSURANCE
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
This endorsement changes the policy effective on the inception date of the policy unless another date is indi-
cated below.
Endorsement Effective: 07/30/2018 I Policy Number: E13A0266941
Named Insured: Walker Partners, LLC
Countersigned by:
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
1. Noncontributory Insurance
SECTION IV - BUSINESS AUTO CONDI-
TIONS, B. General Conditions, 5. Other In-
surance is replaced by the following:
c. Regardless of the provisions of Para-
graph a. above, this Coverage Form's Li-
ability Coverage Is primary and we will
not seek contribution from any other in-
surance for any liability assumed under
an "insured contract" that requires liability
to be assumed on a primary noncon-
tributory basis.
AA 4174 11 05
Insured Name: Walker Partners, LLC Policy Number. EPP0266941
Policy Period:
07/3012018 COMMERCIAL UMBRELLA - TABLE OF CONTENTS
to
07/30/2019 Coveraae Part Provision: Begins on Page:
Preamble................................................................................................................................................................. 3
SECTION I - COVERAGE: 3
A. Insuring Agreement................................................................................................................................3
B. Exclusions: 4
1.
Asbestos...................................................................;
2.
.................................................................4
Breach of Contract, Failure to Perform, WrongDescription and
.12
Audit
Violationof
3.
Another's Rights............................................................................................................. 4
Contractual Liability...........................................................................................................................4
4.
Damage to Impaired Property or Property Not Physically Injured...................................................4
5.
Damage to Property.......................................................................................................................... 4
6.
Damage to Your Product................................................................................. 4
7.
..
Damage to Your Work................................................................................................................ 4
8.
Distribution of Material In Violation of Statutes 5
9.
...............................................
Electronic Chatrooms or Bulletin Boards
10.
..................................................................................................................... 5
Electronic Data .................. 5
11.
Employer's Liability Limitation.......................................................................................................................................... 5
12.
Employment -Related Practices
....................................................................................................... 5
13.
Expected or Intended Injury.
8.
....... .... ....... . 5
14.
Falsity, Prior Publication, Criminal Act and Media and Internet Type Businesses ......................... 6
15.
Infringement of Copyright, Patent, Trademark or Trade Secret ...................................................... 6
16.
Pollutant - Auto............................................................................... 6
17.
Pollutant - Other Than Auto. .... 7
18.
Recall of Products, Work or Impaired Property
19.
................................................................................ 9
Unauthorized Use of Another's Name or Product
................................ .........................................•. 9
20.
Uninsured 1 Underinsured Motorist
......................................................... 9
21.
War.
Transfer of Rights of Recovery Against Others to Us ......................
9
22.
Workers' Compensation
....................................................................................................................9
C. Defense and Supplementary Payments...............................................................................................9
SECTION Il - WHO IS AN INSURED....................................................................................................................10
SECTION III - LIMITS OF INSURANCE................................................................................................................11
SECTIONIV - CONDITIONS: ................................................................................................................................12
1.
Appeals...................................................................................................................................................
2.
.12
Audit
.....................................................................................................................................................13
3.
Bankruptcy
4.
.........................................................................................................................13
Duties
in the Event of Occurrence, Claim or Suit.............................................
5.
..........13
First Named Insured
6.
......... ....................................................................................................13
Legal Action Against Us and Loss Payments
...............................
7.
.13
Liberalization
8.
................................................................................................................................14
Maintenance of Underlying Insurance
..................................................................................................
9.
.14
Other Insurance
10.
..........................................................................................................14
Premium
11.
..................................................................................................................................................14
Representations
12.
............................................................................... .14
...................................................
Separation of Insureds
............. .. ..... ......... ........................ .........14
13.
Transfer of Rights of Recovery Against Others to Us ......................
14.
.15
When We Do Not Renew
........................................................................................................................15
SECTIONV - DEFINITIONS:.................................................................................................................................15
1. "Advertisement"........................................................................
............................................................. .15
2. "Authorized representative"..........................................................................................................15
3. "Auto"....................................................................................................................................................15
4. "Bodily injury ........................................................
...................................................................................16
5. "Coverage term"..............................................................................16
6. "Coverage territory".................................................................................................................................16
Includes copyrighted material of ISO
US 101 UM 12 04 Properties, Inc., with its permission. Pagel of 22
a. As if each Named Insured were the only
SECTION V - DEFINITIONS
Named Insured; and
1. "Advertisement' means a notice that is broad -
b. Separately to each Insured against whom
cast or published to the general public or spe-
claim is made or "suit' is brought.
cifrc market segments about youroods,
13. Transfer of Rights of Recovery Against
products or services for the purpose of at -
tracting customers or supporters. "Adver-
Others to Us
tisement includes a publicity article. For the
a. If the insured has rights to recover all or
purposes of this definition:
part of any payment we have made un-
der this Coverage Part, those rights are
a. Notices that are published include mate -
transferred to us. The Insured must do
rial placed on the Internet or on similar
electronic means of communication; and
nothing after loss to impair them. At our
request, the insured will bring "suit" or
b. Regarding web -sites, only that part of a
transfer those rights to us and help us
web -site that is about your goods, prod -
enforce them.
ucts or services for the purposes of at -
b. Any recoveries shall be applied as fol-
tracting customers or supporters is con -
sidered an "advertisement".
lows:
(1) First, we will reimburse anyone, in-
cluding the insured, the amounts
actually paid by them that were in
excess of our payments;
(2) Next, we will be reimbursed to the
extent of our actual payment; and
(3) Lastly, any amounts left after meet-
ing the obligations outlined in (1) and
(2) above will be distributed to any-
one else known to us at the time a
recovery is made and who Is legally
entitled to such recovery.
Expenses incurred in the recovery shall
be apportioned among all interests In the
ratio of their respective recoveries as fi-
nally settled. If there is no recovery as a
result of our attempts, we shall bear all of
the recovery expenses.
c. If prior to an "occurrence" to which this
Coverage Part would apply, you and the
issuer of your applicable "underlying In-
surance" listed specifically in the Sched-
ule of Underlying Insurance waive any
right of recovery against a person or or-
ganization for injury or damage, we will
also waive any rights we may have
against such person or organization.
14. When We Do Not Renew
If we decide not to renew this Coverage Part,
we will mail or deliver to the first Named In-
sured shown In the Declarations written notice
of the nonrenewal not less than 30 days be-
fore the expiration date.
If notice is mailed, proof of mailing will be suf-
ficient proof of notice.
2. "Authorized representative" means:
a. if you are:
(1) An individual, you and your spouse
are "authorized representatives".
(2) A partnership or joint venture, your
members, your partners, and their
spouses are "authorized representa-
tives".
(3) A limited liability company, your
members and your managers are
"authorized representatives".
(4) An organization other than a part-
nership, joint venture or limited liabil-
ity company, your "executive offi-
cers" and directors are "authorized
representatives". Provided you are
not a publicly traded organization,
your stockholders are also "author-
ized representatives".
(5) A trust, your trustees are "authorized
representatives".
b. Your "employees" assigned to manage
your insurance program, or assigned to
give or receive notice of an "occurrence",
claim or "suit" are also "authorized repre-
sentatives".
3. "Auto" means:
a. Any land motor vehicle, trailer or semi-
trailer designed for travel on public roads;
or
b. Any other land vehicle that Is subject to a
compulsory or financial responsibility law
or other motor vehicle insurance law
where it is licensed or principally ga-
raged.
"Auto" does not include "mobile equipment'.
Includes copyrighted material of ISO
US 101 UM 12 04 Properties, Inc., with its permission. Page 15 of 22
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTOMATIC NON-CONTRIBUTORY COVERAGE
ENDORSEMENT - WHERE REQUIRED BY WRITTEN CONTRACT
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA LIABILITY COVERAGE PART
SCHEDULE
LIMITS OF INSURANCE: I Insured Name: walker Partners, uc
$ 2,000,000 Each Occurrence Limit Policy Number: EPP0286941
$ 2,000,000 Aggregate Limit I Policy Period: o7nosais to 0713012019
COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM, US 101 and US 101 UM, is amended as follows:
A. SECTION Ill - LIMITS OF INSURANCE is
This exception to the Other Insurance
amended to add the following:
Condition shall only apply if the applica-
7. For the purposes of this endorsement
ble "underlying insurance" applies on a
"non-contributory
only, the Limits of Insurance stated In the
basis" for such "non -
Schedule of this endorsement and de-
contributory additional insured" and only
scribed below will apply on a "non-
to the extent of the specific limits of insur-
contributory bask" within the parameters
once required in a written contract on a
set forth in SECTION Ili - LIMITS OF IN-
non-contributory basis that is in excess
SURANCE of the Coverage Part to which
of the "underlying insurance".
this endorsement is attached:
2. The following condition is added:
We will not pay more on behalf of a "non-
15. As a precedent to the receipt of in -
contributory additional insured" than the
surance coverage hereunder, the
lesser of:
"non-contributory additional insured"
a. The Limits of Insurance staled in the
must give written notice of such
Schedule of this endorsement; or
claim or "suit", including a demand
for defense and indemnity, to any
b. The limits of insurance required in a
other insurer who had coverage for
written contract on a "non-
the claim or "suit" under its policies.
contributory basis" for such "non-
Such notice must demand the full
contributory additional insured", but
coverage available and the "non -
only to the extent the required limits
contributory additional insured" shall
of insurance are in excess of the
not waive or limit such other avail -
"underlying insurance"; or
able coverage.
c. The Limits of Insurance available
This condition does not apply to the
after the payment of "ultimate net
"non-contributory additional in -
loss" on any insured's behalf from
sured's" own insurance program.
any claim or "suit".
C. SECTION IV - DEFINITIONS is amended to
This provision is included within and does
add the following:
not act to Increase the Limits of Insurance
stated in the Declarations.
30. "Non-contributory additional insured"
means any person or organization:
B. SECTION IV - CONDITIONS is amended as
follows:
a. Qualifying as an additional insured
under SECTION II - WHO IS AN IN -
1. Condition 9. Other Insurance is
SURED, Paragraph 3. of the Cover -
amended to add the following:
age Part to which this endorsement
It is agreed that this condition does not
is attached; and
apply to the "non-contributory additional
b. Being granted additional insured
insured's" own insurance program.
status on a "non-contributory basis"
in the "underlying Insurance" as re -
Includes copyrighted material of ISO
US 4096 1010 Properties, Inc., with its permission. Pagel of 2
quired in a written contract between
the additional insured and a Named
Insured provided:
(1) The written contract would qual-
ify as an "insured contract" un-
der the Coverage Part to which
this endorsement is attached;
and
(2) The written contract is executed
before the "occurrence" result-
ing in "bodily injury", "personal
and advertising injury" or "prop-
erty damage" for which cover-
age is being sought under this
endorsement; and
(3) The written contract requires a
specific limit of insurance on a
"non-contributory basis" that is
in excess of "underlying insur-
ance".
31, "Non-contributory basis" means that the
limits of Insurance of the Coverage Part
to which this endorsement is attached
apply to insured loss on behalf of the
"non-contributory additional insured" prior
to limits of insurance from other insur-
ance in which the "non-contributory addi-
tional insured" is a named insured.
Includes copyrighted material of ISO
US 4096 1010 Properties, Inc., with its permission. Page 2 of 2
Insured Name: walker Partners, LLC Policy Number: EPP0266941 Policy Period: 07/30/2018 to 07130/2019
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CANCELLATION OR NONRENEWAL BY US
NOTIFICATION TO A DESIGNATED ENTITY
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS PACKAGE POLICY
CLAIMS -MADE EXCESS LIABILITY COVERAGE PART
COMMERCIAL AUTO COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL UMBRELLA LIABILITY COVERAGE PART
DENTISTS PACKAGE POLICY
EXCESS LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS -MADE
SCHEDULE
Name and mailing address of person(s) or organization(s):
1.FOR WHOM YOU ARE REQUIRED IN A WRITTEN CONTRACT THAT WAS EXECUTED ON OR AFTER THE
EARLIER OF THE FOLLOWING DATES: A.THE EFFECTIVE DATE OF THIS POLICY, OR B.THE EFFECTIVE DATE
OF THE ORIGINAL POLICY OF WHICH THIS POLICY IS A RENEWAL OR REPLACEMENT, AND 2. FOR WHOM
YOU ARE REQUIRED IN THAT SAME WRITTEN CONTRACT AS REFERRED TO IN 1I.ABOVE TO PROVIDE
CANCELLATION NOTICE.
Number of days notice (other than nonpayment of premium): 30
A If we cancel or nonrenew this policy for any statutorily permitted reason other than nonpayment of
Premium we will mail notice to the person or organization shown in the Schedule. We will mail such notice
at least the number of days shown in the Schedule before the effective date of cancellation or nonrenewal.
B. If we cancel this policy for nonpayment of premium, we will mail notice k2 the person or organization shown
In the Schedule. We will mail such notice at least 10 days before the effective date of cancellation.
C. If notice is mailed, proof of mailing to the mailing address shown in the Schedule will be sufficient proof of
notice.
D. In no event will coverage extend beyond the actual expiration, termination or cancellation of the policy.
IA 4087 0811
Insured Name: Walker Partners, LLC Policy Number: EBA0266941 Polio Period: 07/30/201 B
Policy t0 07130/2019
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CANCELLATION OR NONRENEWAL BY US
NOTIFICATION TO A DESIGNATED ENTITY
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS PACKAGE POLICY
CLAIMS -MADE EXCESS LIABILITY COVERAGE PART
COMMERCIAL AUTO COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL UMBRELLA LIABILITY COVERAGE PART
DENTIST'S PACKAGE POLICY
EXCESS LIABILITY COVERAGE PART
PRODUCTSICOMPLETED OPERATIONS COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART
PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS -MADE
SCHEDULE
Name and mailing address of person(s) or organization(s):
1.FOR WHOM YOU ARE REQUIRED IN A WRITTEN CONTRACT THAT WAS EXECUTED ON OR AFTER THE
EARLIER OF THE FOLLOWING DATES: A.THE EFFECTIVE DATE OF THIS POLICY, OR B.THE EFFECTIVE DATE
OF THE ORIGINAL POLICY OF WHICH THIS POLICY IS A RENEWAL OR REPLACEMENT, AND 2. FOR WHOM
YOU ARE REQUIRED IN THAT SAME WRITTEN CONTRACT AS REFERRED TO IN 1.ABOVE TO PROVIDE
CANCELLATION NOTICE.
Number of days notice (other than nonpayment of premium): 30
A If we cancel or nonrenew this policy for any statutorily permitted reason other than nonpayment of
Premium we will mail notice to the person or organization shown in the Schedule. We will mail such notice
at least the number of days shown in the Schedule before the effective date of cancellation or nonrenewal.
B. If we cancel this policy for nonpayment of premium, we will mail notice to the person or organization shown
in the Schedule. We will mail such notice at least 10 days before the effective date of cancellation.
C. If notice is mailed, proof of mailing to the mailing address shown in the Schedule will be sufficient proof of
notice.
D. In no event will coverage extend beyond the actual expiration, termination or cancellation of the policy.
IA 4087 0811
T iav @
exasmutu
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
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 2.00 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: INCLUDED, SEE INFORMATION PAGE.
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different dale 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 ()7/,30/2018 at 12:04 a.m. standard time, forms a part of:
Policy No. 0001226901 of Texas Mutual Insurance Company effective on 07/30/2018
Issued to: Walker Partners, LLC
Premium:
NCCI Carrier Code: 29939
PO Box 12058, Austin, TX 78711-2058
1101`11 (800) 859-59951 Fax (800) 359-0650 I texasmulual.com
Authorized Representative
WC 42 03 04 B
TexasmutuA
WORKERS' COMPENSATION INSURANCE
WORKERS' COMPENSATION AND WC 42 Ofi 01
EMPLOYERS LIABILITY POLICY
TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because Texas Is shown in Item 3.A. of the
Information Page.
In the event of cancellation or other material change of the policy, we will mail advance notice to the person or
organization named in the Schedule. The number of days advance notice Is shown in the Schedule.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
1. Number of days advance notice: 30
2. Notice will be mailed to: PER LIST ON FILE
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different dale 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 07/30/2018 at 12:01 a.m. standard time, forms a part of:
Policy No. 0001226901 of Texas Mutual Insurance Company effective on
Issued to: Walker Partners, LLC
Premium:
NCCI Carrier Code. 29939 Authorized Representative
03127/2017
PO Box 12058, Austin, TX 78711-2058
1 of 1 (800) 859-5995 1 Fax (800) 359-0650 1 texasmutual.com WC 42 06 01
City of Round Rock
Tpx,'. ROCK Agenda Item Summary
Agenda Number:
Title: Consider executing a Contract for Engineering Services with Walker,
Partners, LLC for the Lake Georgetown ,Zebra Mussel Control Evaluation
Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/26/2018
Dept Director: Michael Thane, Director of Utilities and Environmental Services
Cost: $24,095.00
Indexes: Self -Financed Water Construction
Attachments: ESC.pdf, LAF.pdf
Department: Utilities and Environmental Services
Text of Legislative File CM -2018-1928
Consider executing a Contract for Engineering Services with Walker, Partners, LLC for the
Lake Georgetown Zebra Mussel Control Evaluation Project.
This item is for an engineering services contract with Walker Partners, LLC to conduct a
concept evaluation of zebra mussel controls at Round Rock's Lake Georgetown raw water
intake. The City of Round Rock owns a raw water pump station on Lake Georgetown which
supplies water to Round Rock's water treatment plant. Invasive zebra mussels have
recently been detected in Lake Georgetown and on the intake structure of the raw water
pump station. Zebra mussels have a long history of attaching in massive quantities to raw
water intakes and pipelines; thereby, damaging the infrastructure and restricting flow to the
facility. The purpose of this project is to develop conceptual control strategies that can be
implemented to minimize the impact of zebra mussels on the City's raw water
infrastructure. Round Rock Utility Staff has selected Walker Partners to complete the zebra
mussel control evaluation. The total cost of the evaluation is $24,095.00.
Cost. $24,095
Source of Funds: Self -Financed Water Construction
City of Round Rock page 1 Printed on 10/M 12oi8