Contract - Raba Kistner Consultants - 9/24/2020 CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES FOR
CONSTRUCTION MATERIALS TESTING SERVICES WITH
RABA KISTNER CONSULTANTS, INC.
THE STATE OF TEXAS §
THE CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
'I'l-ilS AGREEMENT for professional consulting services related to construction
materials testing services for the University Boulevard Reconstruction Project (the "Agreement")
is made by and between the CITY OF ROUND ROCK, a Texas home-rule municipal
corporation with offices located at 221 East Main Street, Round Rock, Texas 78664-5299, (the
"City") and RABA KISTNER CONSUI-TANTS, IN(.,,., located at 8100 Cameron Road, Suite 13-
150, Austin, Texas 78754 (the "Consultant").
RECITALS:
WHEREAS, City has determined that there is a need for a construction material testing
services for the University Boulevard Reconstruction Project (the "Project"); and
WHEREAS, City desires to contract for such professional services with Consultant; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder;
NOW, THEREFORE,WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.01 EFFECTIVE DATE, DURATION, AND TERM
This Agreement shall be effective on the date this Agreement has been signed by each
party hereto, and shall remain in full force and effect unless and until it expires by operation of
the term indicated herein, or is terminated or extended as provided herein.
The term of this Agreement shall be until full and satisfactory completion of the work
specified herein is achieved.
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City reserves the right to review the Agreement at any tirne, and may elect to terminate
the Agreement with or without cause or may elect to continue.
2.01 CITY SERVICES
City shall perform or provide services as identified in Exhibit "A" entitled "City
Services," which document is incorporated herein by reference for all purposes.
3.01 SCOPE OF SERVICES
Consultant has issued its proposal for services for the tasks delineated therein, such
proposal for services being attached hereto as Exhibit "B" entitled "Scope of Services," which
document is incorporated herein for all purposes. Consultant shall satisfactorily provide all
services described herein and as set forth in Exhibit "B" in accordance with the schedule set forth
by Consultant and agreed upon by City. Such services shall be perfon-ned in the time frame
approved by the City. Consultant's undertaking shall be limited to performing services for City
and/or advising City concerning those matters on which Consultant has been specifically
engaged. Consultant shall perform services in accordance with this Agreement, in accordance
with the appended proposal for services, and in a professional and workmanlike manner.
4.01 LIMITATION TO SCOPE OF SERVICES
Consultant and City agree that the scope of services to be performed is enumerated in
Exhibit "B,'* and Consultant shall not undertake work that is beyond the Scope of Work. set forth
in Exhibit "B," however, either party may make written requests for changes to the Scope of
Work." To be effective, a change to the Scope of Work must be negotiated and agreed to and
must be embodied in a valid Supplemental Agreement as described ill 9.01.
5.01 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by Consultant,
City agrees to pay Consultant in accordance with Exhibit "C" entitled "I"ee Schedule,"
incorporated herein by reference for all purposes, for the deliverables as delineated in Exhibit
"B"as follows:
A. Not-to-Exceed Total Payment for Services: Consultant's total compensation
for consulting services related to the Project hereunder shall not exceed Ninety-
Four Thousand One Hundred Fifty-Seven and 70/100 Dollars (594,157.70).
B. Payment for Reimbursable Expenses: There shall be no payments for
reimbursable expenses included in this Agreement.
6.01 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to
the City, in accordance with the delineation contained herein, for services rendered. Such
invoices for professional set-vices shall track the referenced Scope of Work, and shall detail the
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services performed, along with documentation for each service performed. Payment to
Consultant shall be made oil the basis ofthe invoices submitted by Consultant and approved by
the City. Such invoices shall conform to the schedule of services and costs in connection
therewith.
Should additional backup material be requested by the City relative to service
deliverables, Consultant shall comply promptly. In this regard, should the City determine it
necessary, Consultant shall make all records and books relating to this Agreement available to
the City for inspection and auditing purposes.
Payment of Invoices: The City reserves the right to correct any error that may be
discovered in any invoice that may have been paid to Consultant and to adjust same to meet the
requirements of this Agreement. Following approval of an invoice, the City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described in Section 7.01 herein. Under no circumstances shall Consultant be entitled to
receive interest on payments which are late because of a good faith dispute between Consultant
and the City or because of amounts which the City has a right to withhold under this Agreement
or state law. 'The City shall be responsible for any sales, gross receipts or similar taxes
applicable to the services, but not for taxes based upon Consultant's net income.
7.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by the City to Consultant will be made within thirty (30) days of the date the City receives
goods under this Agreement, the date the performance of the services under this Agreement are
completed, or the date the City receives a correct invoice for the goods or services, whichever is
later. Consultant may charge interest on an overdue payment at the "rate in effect"on September
I of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by the City in the event:
(a) There is a bona fide dispute between the City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or
(b) There is a bona fide dispute between Consultant and a Subcontractor or
between a subcontractor and its supplier about the goods delivered or the
service performed that causes the payment to be late; or
(c) The terms of a federal contract, grant, regulation, or statute prevent the City
from making a timely payment with federal funds-, or
(d) The invoice is not mailed to the City in strict accordance with any instruction
on the purchase order relating to the payment.
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8.01 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of the City's current revenues only. It is understood and
agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
services as determined by the City's budget for the fiscal year in question. J'he City may effect
such termination by giving Consultant a written notice of termination at the end of its then-
current fiscal year.
9.01 SUPPLEMENTAL AGREEMENT
The terrns of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by City Council or by the City Manager, if the City determines that there
has been a significant change in (1) the scope, complexity, or character of the services to be
performed; or (2) the duration of the work. Any such Supplemental Agreement must be
executed by both parties within the period specified as the term of this Agreement. Consultant
shall not perform any work or incur any additional costs prior to the execution, by both parties,
Of" Such Supplemental Agreement. Consultant shall make no claim for extra work done or
materials furnished unless and until there is full execution of any Supplemental Agreement, and
the City shall not be responsible for actions by Consultant nor for any costs incurred by
Consultant relating to additional work not directly authorized by Supplemental Agreement.
10.01 TERMINATION; DEFAULT
Termination,: It is agreed and understood by Consultant that the City may terminate this
Agreement for the convenience of the City, upon thirty (30) days' written notice to Consultant,
with the understanding that immediately upon receipt of said notice all work being performed
under this Agreement shall cease. Consultant shall invoice the City for work satisfactorily
completed and shall be compensated in accordance with the terms hereof for work accomplished
prior to the receipt of said notice of termination. Consultant shall not be entitled to any lost or
anticipated profits for work terminated under this Agreement. Unless otherwise specified in this
Agreement, all data, information, and work product related to this project shall become the
property of the City upon termination of this Agreement, and shall be promptly delivered to the
City in a reasonably organized form without restriction on future use. Should the City
subsequently contract with a new consultant for continuation of service on the project,
Consultant shall cooperate in providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of the
City and the terminated party to fulfill contractual obligations. Termination under this section
shall not relieve the terminated party of any obligations or liabilities which occurred prior to
termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory or which is not performed in compliance with the terms of this Agreement.
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Default: Either party may terminate this Agreement, in whole or in part, for default if
the Party provides the other Party with written notice of such default and the other fails to
satisfactorily cure such default within ten (10) business days of receipt of such notice (or a
greater time if agreed upon between the Parties).
If default results in termination of this Agreement, then the City shall give consideration
to the actual costs incurred by Consultant in performing the work to the date of default. The cost
oi'the work that is useable to the City, the cost to the City of employing another firm to complete
the useable work, and other factors will affect the value to the City of the work performed at the
time of default. Neither party shall be entitled to any lost or anticipated profits for work
terminated for default hereunder.
The termination of' this Agreement for default shall extinguish all rights, duties, and
obligations of the terminating Party and the terminated Party to fulfill contractual obligations.
Termination under this section shall not relieve the terminated party of any obligations or
liabilities which occurred prior to termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement.
11.01 NON-SOLICITATION
All parties agree that they shall not directly or indirectly solicit Im- employment, employ,
or otherwise retain staff of the other during the terin of this Agreement.
12.01 CITY'S RESPONSIBILITIES
Consultant's performance requires receipt of all requested information reasonably
necessary to provision of services. Consultant agrees, in a timely manner, to provide City with a
comprehensive and detailed information request list, if any.
13.01 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, and is not the City's employee. Consultant's
employees or subcontractors are not the City's employees. This Agreement does not create a
partnership, employer-employee, or joint venture relationship. No party has authority to enter
into contracts as agent for the other party. Consultant and the City agree to the following rights
consistent with an independent contractor relationship:
(1) Consultant has the right to perform services for others during the term hereof,
(2) Consultant has the sole right to control and direct the means, manner and method
by which it performs its services required by this Agreement.
(3) Consultant has the right to hire assistants as subcontractors, Ot- to use employees
to provide the services required by this Agreement.
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Consultant or its employees or Subcontractors shall perform services required
hereunder, and the City shall not hire, supervise, or pay assistants to help
Consultant.
(5) Neither Consultant nor its employees or Subcontractors shall receive training from
the City in skills necessary to perforin services required by this Agreement.
(6) City shall not require Consultant or its employees or subcontractors to devote full
time to perfon-ning the services required by this Agreement.
(7) Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit
plan of the City.
14.01 CONFIDENTIALITY; MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by the City for use by Consultant
in connection with services to be performed tinder this Agreement, and any and all data and
information gathered by Consultant, shall be held in confidence by Consultant as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any
proprietary or confidential information relative to this Agreement, and to not make any use
thereof'other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that the City is subject to the Texas Public
Information Act and its duties run in accordance therewith.
All data relating specifically to the City's business and any other information which
reasonably should be understood to be confidential to City is confidential information of City.
Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries,
inventions, know-how, and any other information which reasonably should be understood to be
confidential to Consultant is confidential information of Consultant. The City's confidential
information and Consultant's confidential information is collectively referred to as "Confidential
Information." Each party shall use Confidential Information of the other party only in
furtherance of the purposes of this Agreement and shall not disclose such Confidential
Information to any third party without the other party's prior written consent, which consent
shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the
confidentiality of the other party's Confidential Information and to advise their employees of the
confidential nature of the Confidential Information and of the prohibitions herein.
Any and all materials created and developed by Consultant in connection with services
performed under this Agreement, including all trademark and copyright rights, shall be the sole
property of City at the expiration of this Agreement.
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15.01 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or industry standards, and shall be performed in a
professional and workmanlike manner. Consultant shall re-per-form any work no in compliance
with this representation.
16.01 LIMITATION OF LIABILITY
Should any of Consultant's services not conform to the requirements of the City or ofthis
Agreement, then and in that event the City shall give written notification to Consultant;
thereafter, (a) Consultant shall either promptly re-perform such services to the City's satisfaction
at no additional charge, or (b) if such deficient services cannot be cured within the cure period
set forth herein, then this Agreement may be terminated for default.
In no event will Consultant be liable for any loss, damage, cost or expense attributable to
negligence, willful misconduct or misrepresentations by the City, its directors, employees or
agents.
In no event shall Consultant be liable to the City, by reason of any act or omission
relating to the services provided Linder this Agreement (including the negligence of Consultant),
whether a clairn be in tort, contract or otherwise, (a) for any consequential, indirect, lost profit,
punitive, special or similar damages relating to or arising from the services, or (b) in any event,
in the aggregate, for any amount in excess of the total professional fees paid by the City to
Consultant under this Agreement, except to the extent determined to have resulted from
Consultant's gross negligence, willful misconduct or fraudulent acts relating to the service
provided hereunder.
17.01 INDEMNIFICATION
Consultant agrees to hold harmless, exempt, and indemnify City, its officers, agents,
directors, servants, representatives and employees, from and against any and all suits, actions,
legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and
claims of any character, type, or description, including but not limited to any and all expenses of
litigation, court costs, attorneys' fees and all other costs and fees incident to any work done as a
result hereof.
To the extent allowable by law, City agrees to hold harmless, exempt, and indemnify
Consultant, its officers, agents, directors, servants, representatives and employees, from and
against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages,
fines, penalties, liabilities and claims of any character, type, or description, including but not
limited to any and all expenses of litigation, court costs, attorneys' fees and all other costs and
fees incident to any work done as a result hereof.
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18.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their Successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party may
assign any rights or delegate any duties under this Agreement without the other party's prior
written approval, which approval shall not be unreasonably withheld.
19.01 LOCAL, STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services Linder this Agreement. The City will not do the following:
(1) Withhold [ ICA from Consultant's payments or make FICA payments on its
behalf,
(2) Make state and/or federal unemployment compensation contributions on
Consultant's behalf-, or
(3) Withhold state or federal income tax from any of Consultant's payments.
If requested, the City shall provide Consultant with a certificate from the Texas State
Comptroller indicating that the City is a non-profit corporation and not subject to State of Texas
Sales and Use Tax.
20.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Consultant, its consultants, agents, employees and subcontractors shall use best
efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the
City of Round Rock, as amended, and with all applicable rules and regulations promulgated by
local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits,
licenses, trademarks, or copyrights, if required in the performance of the services contracted for
herein, and same shall belong solely to the City at the expiration of the term of this Agreement.
B. Services Provider acknowledges and understands that City has adopted a Storm
Water Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14-139
through 14-152 of the City's Code of Ordinances, to manage the quality of"the discharges from
its Municipal Separate Storm Sewer System (MS4) and to be in compliance with the
requirements of the Texas Commission on Environmental Quality (TCEQ) and the Texas
Pollutant Discharge Elimination System (TPDES). The Services Provider agrees to perform all
operations on City-owned facilities in compliance with the City's Illicit Discharge Ordinance to
minimize the release of pollutants into the MS4. The Services Provider agrees to comply with of
the City's stormwater control measures, good housekeeping practices and any facility specific
stormwater management operating procedures specific to a certain City facility. In addition, the
Services Provider agrees to comply with any applicable TCEQ Total Maximum Daily I-oad
(TMDI..,) Requirements and/or 1-flan requirements.
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C. In accordance with Chapter 2270, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) and will not
boycott Israel during the term of the contract. The signatory executing this Agreement on behalf
of Consultant verifies that Consultant does not boycott Israel and will not boycott Israel during
the term of this Agreement.
21.01 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, 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 hereunder.
22.01 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
Bill Stablein
Project Manager
Transportation Department
3400 Sunrise Rc,44�
Round Rock, TX 78665
(512) 218-3237
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23.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
(1) When delivered personally to recipient's address as stated herein; or
(2) Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in the Agreement.
Notice to Consultant:
Raba Kistner Consultants, Inc.
8100 Cameron Road, Suite B-150
Austin, Texas 78754
Notice to City:
City Manager, City of Round Rock
221 East Main Street
Round Rock, TX 78664
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ANDTO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, J'X 78664
Nothing contained in this section shall be construed to restrict, the transmission of routine
communications between representatives of the City and Consultant.
24.01 INSURANCE
(1) Insurance. Consultant, at Consultant's sole cost, shall purchase and maintain
during the entire ternn while this Agreement 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 otherwise acceptable to City. Consultant 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. Consultant's Certificate of Insurance
is attached hereto as Exhibit "D," incorporated herein by reference for all purposes.
(2) Subconsultant Insurance. Without limiting any of the other obligations or
liabilities of Consultant, Consultant shall require each subconsultant performing work Linder this
Agreement to maintain during the term of this Agreement, at the subconsultant's own expense,
the same stipulated minimum insurance required in Section (1) above, including the required
provisions and additional policy conditions as shown below in Section (3).
Consultant shall obtain and monitor the certificates of insurance from each subconsultant
in order to assure compliance with the insurance requirements. Consultant must retain the
certificates of insurance for the duration of this Agreement, 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) Each policy shall require that thirty (30) days prior to the expiration, cancellation,
non-renewal or reduction in limits by endorsement a notice thereof shall be given
to City by certified mail to:
City Manager
221 East Main Street
Round Rock, TX 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 ot'whatever nature.
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25.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and it' 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 Agreement shall
be governed by and construed in accordance with the laws and court decisions ofTexas.
26.01 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits, constitute the entire
agreement between the pat-ties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereol. The pat-ties
expressly agree that, iii the event, of any conflict between the terms of this Agreement and any
other writing, this Agreement shall prevail. No modifications of this Agreement will be binding
on any of the parties unless acknowledged in writing by the duly authorized governing body or
representative for each party.
27.01 DISPUTE RESOLUTION
The City and Consultant hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14)or any applicable state arbitration statute.
28.01 SEVERABILITY
The invalidity, illegality, or Linen forceabi I ity of any provisioti of this Agreement or the
occurrence of any event rendering any portion of provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion of
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provisioti with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
29.01 STANDARD OF CARE
Consultant represents that it is specially trained, experienced and competent to perform
all of the services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed, whether by Consultant or designated
SUbconsultants, in a manner acceptable to the City and according to generally accepted business
practices.
30.01 GRATUITIES AND BRIBES
City, may by written notice to Consultant, cancel this Agreement without incurring any
liability to Consultant if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Consultant or its agents or
representatives to any City Officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Consultant may be subject to penalties stated in
Title 8 ofthe Texas Penal Code.
31.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of"the intent to perform. In the event that no written assurance is given within the
reasonable time specified when dernand is made, then and in that event the demanding party may
treat Such failure an anticipatory repudiation of this Agreement.
32.01 MISCELLANEOUS PROVISIONS
Time is of the Essence. Consultant agrees that time is of the essence and that any failure
of Consultant to complete the services for each phase of this Agreement within the agreed
protect schedule may constitute a material breach of this Agreement. Consultant shall be fully
responsible for its delays or for failures to use reasonable efforts in accordance with the terms of
this Agreement. Where damage is caused to City due to Consultant's failure to perform in these
circumstances, City may withhold, to the extent of such damage, Consultant's payments
hereunder without a waiver of`any of City's additional legal rights or remedies. City shall render
decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly
progress of Consultant's work.
Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure,
delay or default in performance of any obligation hereunder shall constitute all event of default
or breach of this Agreement, only to the extent that such failure to perform, delay or default
arises out of causes beyond control and without the fault or negligence of the party otherwise
chargeable with failure, delay or default; including but not limited to acts of God, acts of public
enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters
or other casualties, strikes or other labor troubles, which in any way restrict the performance
Linder this Agreement by the pat-ties.
Section Numbers. The section numbers and headings contained herein are provided for
convenience only and shall have no substantive effect on construction oaf this Agreement.
Waiver. No delay or omission by either party in exercising any right or power shall
impair such right or power or be construed to be a waiver. A waiver by either party ofarly of the
covenants to be performed by the other or any breach thereof shall not be construed to be a
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waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid
unless in writing and signed by an authorized representative of the party against whom such
waiver or discharge is sought to be enforced.
Multiple Counterparts. This Agreement may be executed in multiple counterparts,
which taken together shall be considered one original. The City agrees to provide Consultant
with one fully executed original.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
City of Ron7ock, Texas Raba Kistner Consultants, Inc.By
By: 0 /
Printed Name: i;i/ Printed Name:
Title: - Title: lOr -
5%
Date Signed: Date Signed:
For City,Attest:
r\
BY:
.u5 ecV,
For City A- roved as to Form:
By
Stephan Sheets, City Attorney
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EXHIBIT A
City Services
The City will provide the following items/information for the ENGINEER under this agreement:
1. Designate aperson Lo act aaCity's representative with respect tothe services Lobeperformed
orfurnished bythe Consultant. This representation will have authority totransmit instructions,
receive information, interpret and define City's policies and decisions with respect to
consultant's services.
2. The City orits representatives should schedule requested services bycontacting Engineer's
Dispatch atleast 24hours prior tothe required service request
3. Provide all criteria and full information as to City's requirements for the Task, including
objectives and constraints,space,capacity and performance requirements,flexibility and
expandability, and furnish copies ofall design and construction information ifavailable tothe
City and necessary tmcomplete the Task.
4. Provide Consultant copies of geotechnical reports,drawings, and exhibits for review and use in
performing our services.
5. The City shall provide Consultant right of entry to perform our field services.
6. The City shall provide Consulting with existing utility maps to assist in locating all underground
utilities inthe vicinity mfgeotechnical drilling.
7. Pertinent data related tospecific work orders.
8. Timeline for submissions.
9. Meet with ENGINEER nnanas-needed basis depending onthe work order.
10. Review submittals and provide comments.
R A BA K8S 1' 11141 El�, R
EXHIBIT B
Engineering Services
Provide construction materials testing services for the University Blvd Reconstruction project that will
include construction materials field testing, laboratory testing, engineering reports for the purpose of
acceptance and verification that the construction is being performed in general accordance to the
project plans and specifications. This list ofpotential services isnot meant tobe exhaustive but is
representative of the nature of the tasks expected to be completed under the authorized contract at
this time.
R A S A K8s r N E R
Exhibit "C"
PA020-135-00 Rev 02 2
August 20,2020
COST ESTIMATE BREAKDOWN
Project Name: City of Round Rock-University Boulevard Reconstruction
Project Location: IH-35 to Sunrise,Round Rock TX,78665
Contact Name: Bill Stablein
Client: City of Round Rock Department of Transportation
Address: 3400 Sunrise Road
CltL/Stlte/Zip Round Rock,TX 78665
Phone Number: 512-218-3237
E-Mail: bstableingDroundrocktexas.slov
TESTING/OBSERVATION ITEM UNIT COST UNIT ESTIMATED COST
QUANTITY E_EXTENSION
SOILS
Laboratory Testing
Moisture Density Relationship,TxDOT or ASTM _5280 00 each 12 53,3%00
Atterberit Limits $9200 each 12 $1,10400
Sieve Analysils 593 00 each 12 $1,11600
field Testing/Observation
In-Place Nuclear Densities $2800 each 366 $10,24800
Materials Technician $5600[hour 164 $9,18400
Vehicle Travel Charge 82l $1,640,82
Subtotal j $26 652.82
REINFORCING STEEL OBSERVATIONS(Assumed City Ins pe ion Staff to perform those inspections)
Field Observation/Testipj I
Materials Technician $5600[hour 0 $000
Vehicle Travel Charge $2001 trip 0 $0.00
Subtotal $0.00
CONCRETE
Laboratont Testing -
Concrete Compressive Strength the (4x8) $1875 each 400 57'500'00
Field Testi ng/Observation
Materials Technician $5600 hour 255 14 280 00
Vehicle Travel Charge $2001 trip 143 $2,861.43
Subtotal $24,641.43
DRILLSHAFT OBSERVATIONS(Assumed testing concrete only Assumed City to perform those inspections)
Laboratory Testing
Concrete Compressive Strength Cylinders(4x8 75 each is $28125
Field Test Observation
Materials Technician $5600 hour 16 $99600
Vehicle Travel Charge $3000 trip 8 $24000
Subtotal 11,417.25
ASPHALT
Laboratory Testing
Bag Sample(Extraction,Gradation,A/C content, $51500 each 40 52000 00
�Molding Specimens,Laboratory Density of Molded
Specvnens,Sta"ty Test,Hveem,Maximum
7heoreticai9Specific Gravity)
Density of Asphalt Cores $5720 each 40 $2,28800
Field Testi Observation
One Man Caring $6800 hour so $5,440 00
Coring Rig(based on a 4 hour day) $S100 1/2 day 20 $1,020.00
Generator(based on a 4 hour day) $S3 00 1/2 day 20 $1,06000
Vehicle Travel Charge 52001 trip 20 $40010
Subtotal $30,903.20
PROJECT ADMINISTRATION
Lead Technician(Pro ect Coordinator) $68.00 hour T. 36 _52,448 00
Project Mana er 519500 hour 18 $3,510,00
Clerical 56500 hour 72 $4,69000
Subtotal $10,638.00
.................. �_JS7.70
GRAND TOTAL 94
Q A B A K S TN E R
Exhibit hall
. DATE(MIWDDlYYYY)
.4c— ` CERTIFICATE OF LIABILITY INSURANCE OBS,/DSDCr
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 0
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED c5
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the pollcy(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 rights to the certificate holder In lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
Aon Risk Services Southwest., Inc.
Houston TX office (A/C.No.Ext): (866) 283-71.22 .No), (800) 363-0105
SSSS San Felipe E-MAIL p
suite 1.500 ADDRESS:
Houston TX 77056 USA
INSURER(S)AFFORDING COVERAGE NAIC#
INSURED INSURER A: Ironshore Specialty Insurance Company 25445
Raba Kistner, Inc. INSURER B: Zurich American Ins Co �.�. 16535
12821 W. Golden Lane
San Antonio TX 78249 USA INSURER C: Allied World surplus Lines Insurance Co 24319
INSURER D:_.__.___.._._.........__.....,._.........�._...
INSURER E:
INSURER F: _ ._.
COVERAGES CERTIFICATE NUMBER:570083603907 REVISION NUMBER:
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 CONTRACT OR 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. Limits shown are as r uested
INSR LTR TYPE OF INSURANCE INSID WVD POLICY NUMBER /YMI (MM/DD/YYYYI LIMITS
X COMMERCIAL GENERAL LIABILITY GLO EACH OCCURRENCE $1,000,000
rDAMAGE Tn RENTED
CLAIMS-MADE I X (OCCUR $1,000,000
L__.l PREMISES Ea otcurronz:e _
MED EXP(Any one porion) $5,000
PERSONAL.$ADV INJURY $1,000,000
GEN'L AGGREGATE L.IMITAPPLIES PER; GENERALAGGREGATE ,$2,000,000 co
POLICY JECT1:1 LOC PRODUCTS-COMP/OP AGO $2,000,00
0
OTHER„
B SAP 0305096-00 10/31/2019 10/31/2020 COMBINED SINGLE LIMIT
AUTOMOBILE uAeiLrry $2,000,000
X ANYAUTCBODILY INJURY(Per person) Z
OWNED SCHEDULED BODILY INJURY(Por accident) N
AUTOS ONLY AUTOS
HIREDAUTCS NON-OWNED PROPERTY DAMAGE
ONLY AUTOS ONLY Paraccidem
t
W
UMBRELLALIAB OCCUR EACH OCCURRENCE U
.� EXCESS LIAR CLAIMS-MADE AGGREGATE
DED RETENTION
B WORKERS COMPENSATION AND WC030509500 10 1 2 191Q 1. 2Q2Q X PER STATUTE. OTH
EMPLOYERS'LIABILITY
YIN
ANY PROPRI E.TOR/PARTNER/E.XECUT'IVE E.L.EACH ACCIDENT $1,000,000
OFF'ICEWMEMBER EXCLUDED? L'N N!A ._..,_.______..,.... ._.._...____...........____.........._...._.,...,.._____
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yyas,describe under
DESCHIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1.,000,000----
C E&O-PL-Primary 03121277 06/30/2020 06/30/2021 Aggregate Limit $1,000,000 '
Claims Made Each Claim $1,000,000®.,
SIR applies per policy ter s & condi ions -
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached"more space Is required)
RE: Project Name/No. 2020 on-call Geotechnical Engineering and Construction Materials Testing Services, Project Descripption:
Geotechnical and COMET services to be provided for various projects with City of Round Rock, RK Prop./Prof. No. PAD20-136-00,
Estimated Amount: $95,000, Department No. 3410. City of Round Rock is included as Additional Insured in accordance with the
policy provisions of the General Liability, Automobile Liability and Pollution Liability policies. General Liability policy
evidenced herein Ts Primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance
with the policy"s provisions. A Waiver of Subrogation is granted in favor of City of Round Rock in accordance with the policy
provisions of the General L.iabi'I,ty, Automobile Liability and Workers' Compensation policies.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
City of Round Rock AUTHORIZED REPRESENTATIVE "`W'
221 East Main Street
Round Rock TX 78664-5299 USA
✓ r
ye9L�si9i�fd Y JL
01988-2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
Exhi 'R of
AWN CUSTOMER ID: 570000081474
LOC#:
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY NAMEDINSURED
Aon Risk services southwest, Inc. Raba Kistner, Inc.
POLICY NUMBER
See Certificate Number: 570083603907
CARRIER NAIC CODE
See Certificate Number: 570083603907 EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER
INSURER
INSURER
INSURER
L POLI(114,S If a policy below does not include limit information,refer to the Corresponding policy on the ACORD
certificate form for policy limits.
Poi'lcy POLICY
INSR ADDL SUBIR POLICY NUMBER FFFFCITVE EXPIRATION
LTR TYPEOF INSURANCE IVSD WVD DATE DATE
(MMIDD/YYYY) (MMIDWYM)
OTHER
A Env Contr Poll 004242500 10/31/2019 10/31/2020 Aggregate $1,000,007
Limit
Each Claim $1,000,000
FT
ACORD 101(2008/01) 0 2008 ACORD CORPORATION.All rights reserved.
The ACORD name and logo are registered marks of ACORD
Exhibit "D"
POLICY NUMBER: GLO 0305097-00 COMMERCIAL GENERAL LIABILITY
CG 20 26 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)Or Organization(s):
ANY PERSON OR ORGANIZATION TO WHOM OR WHIC11 YOU ARE REQUIRED TO PROVIF,)E
ADDITIONAL INS(JRE1..) STATTJS OR ADE)ITIC)NAL OR AE)DITIONAL INSUREE) S'J'A'I�JS ON A
PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN C',ONTRACT OR WRITTI,.;N AGREEMENT
EXECtJTE1_.) PRIOR TO LOSS, EXCEF"T WHERE >J ,IS CONTRAC.7 OR AGREEMENl.' IS PROHIBI'"I'ED
BY LAW
Information required to complete this Schedule, if not shown above,will be shown in the Declarations.
A. Section 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured the person(s) or additional insureds, the following is added to
organization(s) shown in the Schedule, but only Section III—Limits Of Insurance:
with respect to liability for "bodily injury", "property If coverage provided to the additional insured is
damage" or "personal and advertising injury" required by a contract or agreement, the most we
caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the
omissions or the acts or omissions of those acting amount of insurance:
on your behalf: 1. Required by the contract or agreement; or
1. In the performance of your ongoing operations;
or 2. Available under the applicable Limits of
2. In connection with your premises owned by or Insurance shown in the Declarations;
rented to you. whichever is less.
However: This endorsement shall not increase the
1. The insurance afforded to such additional applicable Limits of Insurance shown in the
insured only applies to the extent permitted by Declarations.
law-,and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
CG 20 26 0413 0 Insurance Services Office, Inc., 2012 Page 1 of I
Wolters Kluwer Financial Services I Uniform FormSTM
Other Insurance
Xce Amendme=t Primary And Non-
Contributory
oD-
ContibXt��y ZURICH
Policy
CH
m
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ[TCAREFULLY.
Named Insured:
Address(including ZIP Code)
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
1. The following paragraph is added to the Other Insurance Condition of Section |V— Commercial General Liability
Conditions:
This insurance is primary insurance to and will not seek contribution from any other insurance available to an
additional insured under this policy provided that:
a. The additional insured is aNamed Insured under such other insurance; and
b. You are required by written contract orwritten agreement that this insurance would be primary and would not
seek contribution from any other insurance available tothe additional insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section |V —Commmnernia|
General Liability Conditions:
This insurance imexcess over:
Any cfthe other inmunance, whether phmary, axcees, contingent or on any other bmois, available to an additional
insured, in which the additional insured on our policy is also covered as an additional insured onanother policy
providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in
which the additional insured is o Named Insured on such other policy and where our policy is required by written
contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis.
All other terms and conditions ofthis policy remain unchanged.
U-GL'1327'B {W(04/13)
Page IoxI
Includes copyrighted material mInsurance Services Office,|mc,with its permission,
Exhibit "D"
POLICY NUMBER: BAP 0305096-00 COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds"for Covered Autos Liability Coverage
under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage
provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Named Insured: INTEGA, INC.
Endorsement Effective Date: 10/31/2019
SCHEDULE
Name Of Person(s)Or Organization(s):
ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE
ADDITIONAL INSURED STATUS OR ADDITIONAL OR ADDITIONAL INSURED STATUS ON A PRIMARY,
NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR
TO LOSS, EXPECT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW
Information required to complete this Schedule, if not shown above,will be shown in the Declarations.
Each person or organization shown in the Schedule is
an "insured"for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies
as an "insured" under the Who Is An Insured
provision contained in Paragraph A.1. of Section 11 —
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of Section I — Covered Autos
Coverages of the Auto Dealers Coverage Form.
CA 20 48 1013 C Insurance Services Office, Inc., 2011 Page 1 of 1
Wolters Kluwer Financial Services I uniform FormSTM
Exhibit T"
POLICY NUMBER: GLO 0305097-00 COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
ANY PERSON OR ORGANIZATION THAT REQUIRES YOU TO WAIVE YOUR RIGHTS OF RECOVERY, IN A
WRITTEN CONTRACT OR AGREEMENT WITH THE NAMED INSURED THAT IS EXECUTED PRIOR TO THE
ACCIDENT OR LOSS.
Information required to complete this Schedule, if not shown above,will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV—Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
CG 24 04 05 09 O Insurance Services Office, Inc., 2008 Page 1 of 1
Wolters Kluwer Financial Services I Uniform FormsTA4
Exhibit T"
POLICY NUMBER: BAP 0305096-00 COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Named Insured: INTEGA, INC.
Endorsement Effective Date: 10/31/2019
SCHEDULE
Name(s)Of Person(s)Or Organ ization(s):
ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR
AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF
SUBROGATION BE PROVIDED UNDER THIS POLICY
Information required to complete this Schedule, if not shown above,will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior
to the "accident" or the "loss" under a contract with
that person or organization.
CA 04 4410 13 @ Insurance Services Office, Inc., 2011 Page I of I
Wolters Kluwer Financial Services I Uniform FormSTM
Exhibit "D"
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY VVCO0U313
(Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly orindirectly tobenefit anyone not named inthe Schedule.
Schedule
ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR
AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LDSS, THAT WAIVER OF
SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT
PERSON AND/OR ORGANIZATION
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 1O/31/2O1S Policy No.WC 0305095-00 Endorsement No.
Insured |NTEGAInc. Premium $
Insurance Company Zurich American Insurance Company Countersigned by
VVC124(4-84) Page 1of1
VVCUUu313 Copyright 1oouNational Council onCompensation Insurance,Inc. uononnrunnom^
Exhibit T"
19
�� ��� �� ������ ��d�� ��� '�� M���orU�°
---------- Notification -- Others -- Cancellation �_����m�_mm
KDD.Non—Renewal
Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. AddT Prern Return Prern
GLO 0305097-00 10/31/2019 10/31/2019 14340000
THlS ENDORSEMENT CHANGES THE POLICY. PLEASE READ|TCAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. If we cancel or non-renew this Coverage Pad by written notice to the first Named |nmured, we will rnei| or deliver
notification that such Coverage Pad has been cancelled or non-renewed to each person or organization shown in a
list provided to us by the first Named Insured J you are required by written contact or written agreement to provide
such notification. Hmwever, such notification will not be mailed or delivered ifaconditional notice ofrenewal has been
sent tothe first Named Insured. Such list:
1. Must beprovided hmusprior bocancellation ornon-nenewa|;
2. Must contain the names and addresses Vfonly the persons or organizations requiring notification that such
Coverage Part has been cancelled nrnon-nenewed; and
3. Must beinanelectronic format that iaacceptable tous.
B. Our notification as described in Paragraph A. of this endorsement will he based on the most recent list in our records
as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. VVewill mail
or deliver such notification to each person or organization shown in the list:
1. Within seven days ofthe effective date ofthe notice ofcancellation, if wecancel for non-payment ofpremium; or
2. Atleast 3Ddays prior tothe effective date of:
a. Cancellation, if cancelled for any reason other than nonpayment of premium; or
b. Nnn-nenewo|. but not including conditional notice ofrenewal.
C. Our mailing or delivery of notification described in Paragraphs A.and B. of this endorsement is intended as a courtesy
only. Our failure boprovide such mailing ordelivery will not:
1. Extend the Coverage Part cancellation ornon-renewal date;
2. Negate the cancellation ornon-n*newa|; or
3. Provide any additional insurance that would not have been provided in the absence of this endorsement.
D. We are not responsible for the accunmcy, inhaQrity, timeliness and validity of information contained in the list provided
touonodescribed|nParagraphs A.and B.ofthis endorsement.
All other terms and conditions ofthis policy remain unchanged.
u-G|-1521+\CYV(1012)
Page of I
Exhibit T"
N��i����^��� �� ������ �� �������UU��~��� ��� ~�0 U��N��K��
Notification -- Others— — — Cancellation — ������m��uu
Nonrenewal
Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer No. Add'I.Prern Return Pr
BAP 0305096-00 10/31/2019 10/31/2020 10/31/19 14340-000 N/A N/A 9
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial Automobile Coverage Part
A. |fvvecancel or non-renew this Coverage Pert by written notice tothe first Named Insured for any reason other than
nonpayment of premium,we will mail or deliver a copy of such written notice of cancellation or non-renewal:
1. To the name and address corresponding to each person or organization shown in the Schedule below; and
2. At least 10 days prior to the effective date of the cancellation or non-renewal, as advised in our notice to the first
Named Insured, or the longer number of days notice if indicated in the Schedule below.
B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we will mail
ordeliver m copy of such written notice of cancellation to the name and address corresponding to each person or
organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation.
C. /f notice as described in Paragraphs A. or B. of this endorsement is mei|ed, proof cfmailing will be sufficient proof of
such notice.
SCHEDULE
Name and Address of Other Person(s) Number of Days Notice:
AS REQUIRED BY WRITTEN CONTRACT 30
All other terms and conditions ofthis policy remain unchanged,
V'Cx810*[*vN
Page 1 of 1
Includes copyrighted material of Insurance Services Office,Inc.,vvith its permission.
WORKERS COMPENSATION AND EKHPLOY E RRIWVASURANCE POLICY WC 990643
BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT
This endorsement adds the following toPart Six ofthe policy.
PART SIX
CONDITIONS
Blanket Notification toOthers ofCancellation prNonrenewal
1. |fwmcancel ornon-renew this policy bywritten notice toyou, wewill mail ordeliver notification that such policy
has been cancelled or non-renewed to each person or organization shown in a list provided to us by you if you
are required by written contract or written agreement to provide such notification. Howewar, such notification
will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list:
a. Must beprovided toumprior tocancellation ornon-nenewa|;
b. Must contain the names and addresses ofonly the persons or organizations requiring notification that
such policy has been cancelled ornon-renewed; and
c. Must be|nanelectronic fmnnatthat is acceptable tous.
2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of
the date the notice ofcancellation or non-renewal is mailed ordelivered to you. We will mail prdeliver such
notification toeach person ororganization shown inthe list:
a. Within mmwsn days of the effective date of the notice ofcancellation, if we cancel for non-payment of
premium;or
b, At least 30 days prior tothe effective date of:
(1) Cancellation, if cancelled for any reason other than nonpayment of premium; or
(2) Non-nenewa|. but not including conditional notice Vfrenewal.
3. Our mailing Vrdelivery of notification described in Paragraphs 1. and 2. above is intended as o courtesy only.
Our failure toprovide such mailing ordelivery will not:
a. Extend the policy cancellation ornon-renewal date;
b. Negate the cancellation ornon-renewm|;Vr
c. Provide any additional insurance that would not have been provided in the absence of this endorsement.
4. We one not responsible for the ocouraoy, in(egrity, timeliness and validity of information contained in the list
provided touemsdescribed inParagraphs 1 and 2. above.
All other terms and conditions ofthis policy remain unchanged.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated,
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 1O01/2O1S Policy No.VVCO3O5O65-DO Endorsement No.
Insured |NTEGAINC. Pnemium $
Insurance Company ZURICH AMERICAN INSURANCE COMPANY
wom9mm4m page ImI
(Ed.01-13) Includes copyright material of the National Council on Compensation Insurance, Inc.used with its permission.
Exhibit "D"
ENDORSEMENT NO.6
ADVICE OF CANCELLATION TO ENTITIES OTHER THAN THE NAMED INSURED LIMITED
TO E-MAI L NOTIFICATION
This Endorsement, effective at 12:01 a.m. on June 30, 2020, forms part of
Policy No. 0312-1277
Issued to Intega Inc
Issued by Allied World Surplus Lines Insurance Company
In consideration of the premium charged, it is hereby agreed that:
In the event that the Company cancels this Policy for any reason other than nonpayment of'pretniurn,and
I. 'The cancellation effective date is prior to this Policy's expiration date;
2. The First Named Insured is under an existing contractual obligation to notify a certificate holder when
this Policy is canceled(hereinafter,the "Certificate Holder(s)");and has provided to the Company,
either directly or through its broker of record,the email address of the contact at such entity; and
3. The Company receives this information after the First Named Insured receives notice of
cancellation of this Policy and prior to this Policy's cancellation effective date, via an electronic
spreadsheet that is acceptable to the Company;
The Company will provide advice of cancellation (the "Advice") via e-mail to such Certificate
Holders.
Proof of the Company emailing the Advice, using the inforination provided by the First Named Insured,
will serve as proofthat the Company has fully satisfied its obligations under this Endorsernent.
This Endorsement does not affect, in any way, coverage provided under this Policy or the cancellation of
this Policy or the effective date thereof,nor shall this Endorsement invest any rights in any entity not insured
under this Policy.
Any failure on the Insurer's part to deliver the Advice will not impose liability of any kind upon the
Insurer or invalidate the cancellation.
An), Certificate Holder is not an Insured or a L,oss Payee under this Policy. No coverage will be available
under this Policy for any Claim brought by or against any Certificate Holder.
All other terms,conditions and Iiinitations of this Policy shall remain unchanged,
Authorized Representative
AE 00025 00(06/14)