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Contract - Kleinfelder, Inc. - 4/28/2022i ROUN13ROCKTEXAS CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FOR 2021 ON -CALL GEOTECHNICAL ENGINEERING SERVICES WORK AUTHORIZATION FIRM: KLEINFELDER, INC. ("Engineer") ADDRESS: 11100 Metric Boulevard, Suite 100, Austin, TX 78758 THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract') is made and entered into to be effective on rrl 28' , 2022 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 §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act' provides for the procurement by municipalities of services of professional engineers; and 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: Engineering Services Contract 0199.202223; 4890-7493-7110 Rev. 02/22 00305865 a7da- ) ED 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 Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with a Work Schedule to be agreed upon between City and Engineer as part of the Work Authorization provided in Article 7 herein, "Work Authorization." Such Work Schedule shall contain a complete schedule so that the Engineering Services included in the Work Authorization 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. This Agreement shall be from the date hereof and shall terminate at the close of business on the 30th day of the month of April, 2024, or as otherwise terminated as provided in Article 20 entitled "Termination." 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/she/it 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 the services 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. N (3) Work Authorization. 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 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 C. Payment of monies due for the Engineer's subconsultant's services, if any, shall be based on the actual amount billed to the Engineer by the subconsultant. The maximum amount payable under this Contract, without modification of this Contract as provided herein, is the sum of Two Hundred Thousand and No/100 Dollars ($200.000.00). 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 a month, an invoice showing Engineering Services performed. This submittal shall also include a progress assessment report in a form acceptable to City. 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 Engineering Services 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 Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3. 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 WORK AUTHORIZATION The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Work Authorization regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Work Authorization has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Matt Bushak, PE Project Manager 3400 Sunrise Road Round Rock, TX 78665 Telephone Number (512) 341-3318 Mobile Number (512) 230-8714 Fax Number N/A Email Address mbushak ,roundrocktexas.eov 3 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: Bryan Rose Geotechnical Project Manager I l 100 Metric Boulevard, Suite 100 Austin, TX 78758 Telephone Number (512) 491-4606 Fax Number N/A Email Address Broseakleinfelder.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 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. 5. 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. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or 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. M 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 fi mished 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 Contract. 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 hold harmless Engineer from all claims, damages, losses and expenses, resulting therefrom. Any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re -use of modified plans. 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 any 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 infrastructure or facilities for which said work and documents were prepared, 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 7. purposes of completing, using and maintaining infrastructure or facilities for which said work and documents were prepared. City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written agreement of Engineer. However, City shall be permitted to authorize a 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 work for the City. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes 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 agreement 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 hardeopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to Engineer's Instruments of Service by other engineers subsequent to the completion and delivery of the Instruments of Service to the City. 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 this Contract 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. 8. 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 TERMSBREACH 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. Should City terminate this Contract under Subsection (4) immediately above, then the 9. 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 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 state, federal 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 affecting the performance of this Contract, including without limitation, 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) As required by Chapter 2271, Government Code, Engineer hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. (3) In accordance with 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision in the contract verifying that it: (1) does not have a practice, policy, guidance, or 10. directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The signatory executing this Contract on behalf of the Engineer verifies Engineer does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and it will not discriminate during the term of this Contract against any firearm entity or firearm trade association. (4) In accordance with 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for a value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision in the contract verifying that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Contract. The signatory executing this Contract on behalf of Engineer verifies Engineer does not boycott energy companies, and it will not boycott energy companies during the term of this Contract. (5) 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 City harmless from all liability for damage to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Engineer, Engineer's agent, or another entity over which Engineer exercises control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys' fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City to the extent resulting from 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 any construction project or maintenance performed pursuant to the Engineering Services provided under this Contract has been satisfactorily completed. it. 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 any construction project or maintenance performed pursuant to the Engineering Services provided under this Contract. 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 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. 12. (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, 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 bome 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 D herein entitled "Certificates of Insurance." ARTICLE 27 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 13. 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 this Contract, 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 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Bryan Rose Geotechnical Project Manager 11100 Metric Boulevard, Suite 100 Austin, TX 78758 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. The Services shall be performed expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. 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/its 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 14. the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. Any determination to withhold or set off shall be made in good faith and with written notice to Engineer provided, however, Engineer shall have fourteen (14) calendar days from receipt of the notice to submit a plan for cure reasonably acceptable to City. (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. (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. 15. 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. [signature page follows] 16. KLEINFE',LDER,IINC. By: QDr-"L SignatuM of Principal Printed Name: Kelly Daniel 17. CITY OF RQUND ROCK, TEXAS By: Craig Morgan, Mayor ATTEST: By. i Meagan Sp' cs, City Clerk APPRQVEV AS TO L FO : if Stephan . Sheets, City Attorney 1UR"I r_1 City Services The City will provide the following items/information for the ENGINEER under this agreement: 1. Designate a person to act as City's representative with respect to the services to be performed or furnished by the Consultant. This representation will have authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to consultant's services. 2. 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 of all design and construction information if available to the City and necessary to complete the Task. 3. Provide Consultant copies of geotechnical reports, drawings, and exhibits for review and use in performing our services. 4. The City shall provide Consultant right of entry to perform our field services. 5. The City shall provide Consulting with existing utility maps to assist in locating all underground utilities in the vicinity of geotechnical drilling. 6. Pertinent data related to specific work orders. 7. Timeline for submissions. 8. Meet with ENGINEER on an as -needed basis depending on the work order. 9. Review submittals and provide comments. LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Fee Schedule (4) Exhibit D Certificates of Insurance 19. EXHIBIT B Engineering Services Provide various geotechnical engineering services through individual work authorizations for projects that might include geotechnical test borings, geotechnical field testing, geotechnical laboratory testing, geotechnical engineering reports, pavement thickness recommendations, review of geotechnical reports for conformance with CORR standards, slope stability analyses, subgrade treatment/stabilization recommendations, geotechnical retaining wall recommendations, review of PS&E, pavement condition surveys, review of material submittals, and modifying or creating standard detaildrawings, design criteria, and standard or special specifications. This list of potential projects is not meant to be exhaustive but is representative of the nature of the tasks expected to be completed under the Master Agreements being authorized at this time. EXHIBIT C Fee Schedule Attached Behind This Page TECHNICAL STAFF RATES Technician............................................................................................................................... $ 63.16/ hour SeniorTechnician.................................................................................................................... $ 71.10/ hour Inspector................................................................................................................................. $ 73.74/ hour SeniorInspector...................................................................................................................... $ 77.70/ hour PROFESSIONAL STAFF RATES $361.33/ hour $260.56/ hour $235.13/ hour $211.58/ hour $140.92/ hour $177.66/ hour $107.14/ hour $ 90.16/ hour $ 84.59/ hour $102.16/ hour $ 77.70/ hour ADMINISTRATIVE STAFF RATES Dispatcher/Administrator......................................................................................................... $ 64.041 hour Project Controls Specialist....................................................................................................... $103.59/ hour BASIS OF CHARGES 1. Listed herein are typical prices for services most frequently performed by Kleinfelder. Prices for other services provided by the firm or other services not listed will be given upon request, as well as special quotations for programs involving volume work. 2. Invoices will be issued on a periodic basis, or upon completion of a project, whichever is sooner. The net cash amount of this invoice is payable on presentation of the invoice. If not paid within 30 days after the date of the invoice, the unpaid balance shall be subject to a FINANCE CHARGE of 1.5% per month, which is an ANNUAL PERCENTAGE RATE of 18%. 3. A two-hour minimum charge will be made for all field services. Field services are billed portal-to-portal. 4. Hours worked before 6 a.m. / after 5 p.m. Monday through Friday and time worked in excess of 8 hours per day will be charged at 1.5 times the hourly rate. Additionally, weekend (Saturday and Sunday) and holiday work will be charged at 1.5 times the hourly rate. Any hours worked over 12 hours per day is charged at 2.0 times the hourly rate. 5. Outside services will include a 1S% markup unless otherwise noted. 6. We are protected by Worker's Compensation Insurance (and/or Employer's Liability Insurance), and by Public Liability Insurance for bodily injury and property damage and will furnish certificates thereof upon request. We assume the risk of damage to our own supplies and equipment. If your contract or purchase order places greater responsibilities upon us or requires further insurance coverage, we, specifically directed by you, will take out additional insurance (if procurable) to protect us at your expense, but we shall not be responsible for property damage from any cause, including fire and explosion, beyond the amounts of coverage of our insurance. Kleinfelder Fee Schedule CORR Revised 212022 EQUIPMENT CHARGES MATERIALS TESTING EQUIPMENT Equipment Invoice Name Test Methodt Price Anchor Bolt Testing Device ANCHOR BOLT TST/DAY $150.00 / day Brinell Hardness Tester BRINELL HARDNESS/DAY E10 $20.00 /da Concrete Rebound Schmidt Hammer SCHMIDT HAMMER/DAY C805 $55.00 / day Concrete Vapor Emission Test Kit MOIST FLOOR/SLAB TST F1869 $30.00 / kit Coring Machine CORING MACHINE /DAY $85.00 /da Coring Machine with Generator CORING MCH W/GEN DAY $165.00 / day_ Cylinder Mold CYLINDER MOLDS $3.00 each Diamond Bit Core Barrel Charge 3" Diameter CORING, 3" DIAMAN $3.30 / inch 4" Diameter CORING, 4" DIAMAN $4.40 / inch 6" Diameter CORING, 6" DIAMAN $6.60 / inch Digital Thickness Gauge THICKNESS GAUGE /DAY $50.00 /da FerroScan Equipment FERROSCAN EQUIPMENT $275.00 /da Floor Flatness Testing Device Per Sq Ft FLOOR FLATNESS /SF El 155 $0.10 /sq ft Floor Flatness Testing Device Per Test FLOOR FLATNESS TST El155 $150.00 / day Hand Auger and Soil Sampler HAND AUGER/DAY $75.00 /da Magnetic Particle Testing Device MAGNETIC PARTICLE ASNT, AWS B1.1 $45.00 /da Nuclear Soil Density/Moisture Gauge NUCLEAR DENS GAUGE D6938 $75.00 / day Skidmore Bolt Tension Calibrator SKID WILH BOLT/DAY A325, A490 $55.00 / day Torque Wrench, up to 1,000 foot-pounds TORQUE WRENCH/DAY A325, A490 $50.00 / day Ultrasonic Testing Device UT TESTING EQUIP/DAY ASNT, AWS B1.1 $75.00 /da VEHICLES Description Invoice Name Price Vehicle Charge(Trip Charge) Vehicle Charge 50.00/ Trip OFFICE EQUIPMENT Description Invoice Name Price Reproduction Per Page) REPRODUCTION/PAGE $0.65 / page Report Surcharge Per Co REPORT PER COPY $44.00 / each Bond Cost for CADD Per Square Foot CADD — BOND $0.60 / sq ft CADD Workstation Per Hour CADD WORKSTATION /HR $15.75 / hour tExamples of common test methods. Other methods may exist. Page 1 of 1 Revised 2/2022 SOIL TESTS SOIL DENSITY TESTS Test Standard Test Methodt Fee Standard Proctor D698, T99 $ 245 each Modified Proctor D1557, T180 $ 245 each Proctor Check Point T272 $ 140 each Proctor Oversize Correction D4718 $ 75 each Treated Soil Proctor D558 $ 320 each Minimum and Maximum Relative Density D4254, D4253 $ 425 each Maximum Density by Vibratory Hammer D7382 $ 550 each Moisture/Density, TEX 113-E TEX113-E $ 275 each Moisture/Density, TEX 114-E TEX114-E $ 275 each California Impact, CT 216, Dry Method CT216 $ 225 each California Impact, CT 216, Wet Method CT216 $ 225 each SOIL CLASSIFICATION AND INDEX TESTS Test Standard Test Methodt Fee Visual Classification D2488 $ 30 each Sieve Analysis, % Finer than 200 Sieve D1140 $ 90 each Sieve Analysis, Fine D422, D6913, T88 $ 130 each Sieve Analysis, Coarse D422, D6913, T88 $ 130 each Sieve Analysis, Coarse and Fine D422, D6913, T88 $ 165 each Hydrometer Analysis Requires a Sieve Analysis, not included) D422, D7928 $ 185 each Water Content D2216, D4363, T265 $ 25 each Water Content and Dry Unit Weight D2216, D2937, D7263 $ 45 each Atterberg Limits, Single Point D4318-B, T89, T90 $ 120 each Atterberg Limits, Multiple Point D4318-A, T89, T90 $ 185 each Atterberg Limits, Liquid Limit Only D4318, T90 $ 115 each Soil Specific Gravity D854, T100 $ 225 each Soil Organic Content D2974-C $ 125 each Fiber Content of Peat Soils D1997 $ 270 each Pinhole Dispersion Classification D4647 $ 525 each Soil pH D4972, G51 $ 60 each Double Hydrometer for Dispersive Soils D4221 $ 275 each Soil Resistivity G187 $ 160 each Chloride Content $ 70 each Sulfate Content $ 60 each Thermal Resistivi! Per Point D5334, IEEE 422 $ 325 each Thermal Resistivi! , Dry -Out Curve D5334, IEEE 422 $ 950 each SOIL BEARING PRESSURE TESTS Test Standard Test Methodt Fee California Bearing Ratio, Single Point (proctor not /nciuded) D1883, T193 $ 350 each California Bearing Ratio, 3 Points proctor not included D1883, T193 $ 650 each tCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, B, C, D, E, F, or G are ASTM methods. • Those beginning with T are AASHTO methods. Page 1 of 8 Revised 02/2022 SOIL TESTS (continued) SOIL BEARING PRESSURE TESTS continued Test Standard Test Methodt Fee Resistance R-Value D2844 $ 325 each Resistance R-Value of Treated Material D2844 $ 375 each Rock Correction for R-Value D2844 $ 85 each Stabilized Soil UC Strength, 1 Point (proctor not included D1633, D5102 $ 175 each Stabilized Soil UC Strength, Set of 3 D1633, D5102 $ 950 each CT373, 1 Lime Content, w/o Opt. Moist. CT373 $ 175 each CT373, 1 Lime Content CT373 $ 370 each CT373, 3 Lime Contents CT373 $ 1,100 each Eades and Grim Test (Opt. Lime Content C977 $ 195 each Resilient Modulus T307 $ 475 each CTB Strength, Individual Specimen $ 185 each CTB Strength, Set of 3, Without Design $ 420 each CTB Complete Mix Design $ 6,500 each SOIL STRENGTH AND PERMEABILITY TESTS Test Standard Test Methodt Fee Pocket Penetration Value $ 30 each Unconfined Compressive Strength D2166, T208 $ 140 each Direct Shear, 1 Point D3080, T236 $ 150 each Direct Shear, 3 Points D3080, T236 $ 390 each Direct Shear, Residual Strength, Each Pt D3080-Modified $ 250 each Consolidation without Time Rate Plots D2435-Modified $ 345 each Consolidation with 2 Time Rate Plots 132435-A, T216-A $ 450 each Consolidation, All Loads with Time Rates D2435-B, T216-B $ 630 each Collapse Potential D5333 $ 250 each One Dimensional Swell — Wetting After Loading, Series D4546-A $ 300 each One Dimensional Swell — Wetting After Loading D4546-B $ 175 each One Dimensional Swell — Loading After Wetting D4546-C $ 475 each Expansion Index D4829 $ 195 each Denver Swell Test $ 125 each Permeability, Rigid Wall D2434 $ 450 each Permeability, Flexible Wall D5084-C $ 390 each Triaxial Compression, CU, 1 Point D4767, T297 $ 500 each Triaxial Compression, CU, 3 Points D4767, T297 $ 1,350 each Triaxial Compression, UU, 1 Point D2850, T296 $ 210 each Triaxial Compression, UU, 3 Points D2850, T296 $ 630 each Triaxial Compression, UU Saturated, 1 Point D2850-Modified $ 300 each Triaxial Test, TEX117E, Part I TEX117E $ 1,950 each Triaxial Test, TEX117E, Part II TEX117E $ 1,950 each 'Common ASTM. AASHTO and DOT test methods. • Those beginning with A, B, C, D, E, F, or G are ASTM methods. • Those beainnina with T are AASHTO methods. Page 2 of 8 Revised 0212022 AGGREGATE TESTS Test Standard Test Methodt Fee Acid Solubility $ 185 each ASR Reactivity, Long Method C227, C1293 $ 1,850 each ASR Reactivity, Short Method C1260, C1567 $ 950 each Cleanness Value CT227 $ 165 each Clay Lumps and Friable Particles, per size *(see note below C142, T112 $ 105 each Coarse Specific Gravity & Absorption C127, T85 $ 85 each Fine Specific Gravity & Absorption C128, T84 $ 145 each Coarse Durability D3744, T210 $ 150 each Fine Durability D3744, T210 $ 150 each Flat and Elongated Particles, per size *(see note below D4791 $ 95 each Fractured Faces, per size *(see note below D5821, T335 $ 105 each Lightweight Pieces Perspecificgravity ofheavy liquid C123,T113 $ 330 each Los Angeles Abrasion, Large Aggregate C535 $ 200 each Los Angeles Abrasion, Small Aggregate C131, T96 $ 200 each Mortar Sand Strength C87, CT515 $ 650 each Organic Impurities C40, T21 $ 75 each Sand Equivalent, 1 point D2419, T176 $ 100 each Sand Equivalent, 3 points D2419, T176 $ 150 each Sieve Analysis, % Finer than 200 Sieve C117, T11 $ 90 each Sieve Analysis, Fine C136, T27 $ 130 each Sieve Analysis, Coarse C136, T27 $ 130 each Sieve Analysis, Coarse and Fine C136, T27 $ 165 each Soundness of Aggregate, er size *(see note below C88, T104 $ 150 each Unit Weight C29, T19 $ 65 each Water Content D2216, C566, T255 $ 25 each Texas Wet Ball Mill TEX116E $ 300 each Decantation Wash TEX406A $ 90 each Uncom acted Void Content of Fine A re ate C1252, T304 $ 140 each `Tests are billed b each size fraction tested. The quandlyof fractions tested is dependent on the sample radation and test method. FILTER MEDIA TESTS Test Standard Test Methodt Fee Filter Media, Sieve Analysis includes dfo, dso, es, cu) AWWA B100 $ 185 each Filter Media, Mohs Hardness AWWA B100 $ 185 each Filter Media, Percent Silica $ 200 each Acid Solubility AWWA B100 $ 185 each tCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, B, C, D, E, F, or G are ASTM methods. • Those beginning with T are AASHTO methods. Page 3 of 8 Revised 0212022 CONCRETE TESTS Test Standard Test Methodt Fee Concrete Compression C39 $ 32 each Concrete Core Compression C42 $ 85 each Concrete Flexural Strength C78 $ 105 each Hydraulic Cement Mortar Compression C109 field cast $ 32 each Concrete Drying Shrinkage, set of 3 C157 $ 510 Each Concrete Core Thickness C174 $ 45 each Concrete Laboratory Trial Batch' C192 $ 1,350 each Concrete Time of Set by Penetration Resistance C403, C191 $ 2,400 each Concrete Modulus of Elasticity C469 $ 350 each Concrete Splitting Tensile Strength C496 $ 105 each Concrete Absorption C497, C642 $ 160 each Concrete Cylinder Unit Weight C567 $ 160 each Non -Shrink Grout Compression C1107, C579 $ 32 each Shotcrete Compression C1140, C1604 $ 85 each Concrete Chloride Ion Penetration C1202 $ 750 each Concrete Paving Slab Modulus of Rupture C1782 $ 750 each Concrete Direct Tensile D2936, CRD C164 $ 500 each CLSM Com ression D4832 $ 45 each Includes 6 cylinders 4x8 or 6x12 or 6 Flex beams additional cylinders beams or shrinkage prisms charged at individual unit rates ROLLER COMPACTED CONCRETE TESTS Test Standard Test Methodt Fee RCC Compression C1435/C39 $ 65 each RCC Air Content C1849 $ 50 each RCC Unit Weight C1849 $ 50 each RCC Consistency and Density VeBe) C1170 $ 1,600 each RCC Accelerated Cure C1768 - modified $ 750 each RCC Trial Batch ACI 211.1 $ 4,800 each RCC Aggregate Mixing ACI 211.1 $ 2,000 each MASONRY TESTS Test Standard Test Methodt Fee Masonry Grout Compression C1019, C942 $ 32 each Masonry Mortar Compression C270, C780 $ 32 each Masonry Core Compression and Shear CA DSA $ 170 each Masonry Prism Compression C1314 $ 125 each CMU Absorption and Received Moisture C140 $ 100 each CMU Compression C140 $ 105 each CMU Dension Verification C140 $ 45 each CMU Liimneal Shrinkage C426 $ 250 each CMU/Seg. Retaining Wall Unit Freeze -Thaw C1262 $ 1,750 each tCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, B, C, D, E, F, or G are ASTM methods. • Those beginning with T are AASHTO methods. Page 4 of 8 Revised 02/2022 ROCK TESTS Test Standard Test Methodt Fee Rock Sample Preparation D4543 $ 100 each Rock Direct Shear, 1 Point D5607 $ 350 each Rock Mohs Hardness IRSM $ 45 each Rock Point Load Index, per Point' D5731 $ 55 each Rock Slake Durability D4644 $ 200 each Rock Splitting Tensile/Brazilian, per Point' D3967 $ 100 each Rock Direct Tensile D2936 $ 250 each Rock Triaxial Compression D7012-A $ 420 each Rock Triaxial Compression w/Modulus of Rupture D7012-B $ 560 each Rock Unconfined Compression D7012-C $ 250 each Rock Unconfined Compression w/Modulus of Rupture D7012-D $ 500 each Above testing fees include routine sample preparation (end grinding) and sample photographs 'Point load andsplitting tensile test fees are per break, not per set of 10. ASPHALT TESTS BINDER TESTS Test Standard Test Methodt Fee Absolute Viscosity D2171 $ 220 each Bitumen Penetration D5 $ 85 each Kinematic Viscosity D2170 $ 200 each Recovery by Roto-Vapor D5404 $ 365 each Softening Point, Ring & Ball D36 $ 105 each Bitumen Recovery by Abson Method D5404 $ 375 each of Bitum D113 $ 130 eachuclit efA D5329 $80DResiliencRB each EMULSION TESTS Test Standard Test Methodt Fee Emulsion Elastic Recovery D6084, T301 $ 260 each Emulsion Settlement D6930, T59 $ 235 each Emulsion Sieve Test D6933, T59 $ 105 each Emulsion Storage Stability D6930, T59 $ 185 each Emulsion Torsional Recovery CT332 $ 160 each Particle Charge D7402, T59 $ 105 each Residue by Evaporation D6934, T59 $ 115 each Sa bolt ViscosityD7946, T59 $ 160 each tCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, B, C, D, E, F, or G are ASTM methods. • Those beginning with Tare AASHTO methods. Page 5 of 8 Revised 02/2022 ASPHALT TESTS (continued) MIX PROPERTY TESTS Test Standard Test Methodt Fee Air Voids Determination (calculation only) D3203, AIMS-2 $ 60 each VMA Determination calculation only) AIMS-2, CT-LP-2 $ 55 each VFA Determination calculation only) AIMS-2, CT-LP-2 $ 55 each Volumetric Properties (calculation only) AIMS-2, CT-LP-2 $ 55 each AC Moisture Content T329 $ 60 each Gradation of Extracted Aggregate D5444 $ 125 each AC Content by Extraction D2172 $ 220 each AC Content by Ignition Oven D6307, T308 $ 160 each AC Ignition Oven Calibration determination of mix correction D6307 $ 350 each Hveem Stability D1560 $ 350 each Hveem Stability without Compaction D1560 $ 185 each Marshall Stability and Flow (does notinclude compaction) D6927 $ 175 each AC Swell CT305 $ 500 each Slurry Seal Wet Track Abrasion D3910, ISSA TB100 $ 350 each DESIGN AND DENSITY TESTS Test Standard Test Methodt Fee AC Core Thickness D3549 $ 15 each AC Core Unit Weight & Thickness D1188, D2726, D3549 $ 55 each Unit Weight, Gyratory Method T312 $ 325 each Unit Weight, Hveem Method D1561 $ 310 each Unit Weight, Marshall Method D6926 $ 225 each Maximum Theoretical Specific Gravity D2041 $ 165 each Moisture Induced Damage T283 $ 1,470 each Moisture Vapor Susceptibility CT307 $ 600 each Hamburg Wheel Track, Set of 2 T324 $ 1,100 each Index of Retained Strength D1075 $ 1,250 each Indirect Tensile Strength does not include compaction D6931 $ 1,050 set/3 Indirect Tensile Strength of Cored Specimen D6931 $ 350 each Caltrans Tensile Strength Ratio CT371 $ 2,000 each Caltrans Opt Bitumen Content OGFC CT368 $ 1,850 each Centrifuge Kerosene Equivalent CT303 $ 300 each Film Stripping CT302 $ 150 each Mix Design, Hveem Method w/RAP CT367 $ 7,800 each Mix Design, Hveem Method CT367 $ 6,000 each Mix Design, Marshall Method AIMS-2 $ 3,250 each Mix Design, Su er ave Method AIMS-2 $ 7,500 each tCommon ASTM. AASHTO and DOT test methods. Those beginning with A, B, C, D, E, F, or G are ASTM methods. Those beainnina with T are AASHTO methods. Page 6 of 8 Revised 02/2022 METAL TESTS BOLT TESTS Test Standard Test Methodt Fee Bolt Assembly Suite Bolt, Nut, Washer * F606 $ 225 each Bolt Hardness E18 $ 30 each Bolt Proof Load F606 $ 45 each Bolt Wedge Tensile F606 $ 45 each Nut Hardness E18 $ 30 each Nut Proof Load F606 $ 45 each Washer Hardness E18 $ 30 each *An 'assembly' is one bolt, one nut and one washer. The suite consists of a bolt wedge tensile test bolt and nut proof load tests, and hardness tests on all three pieces. REINFORCING BAR TESTS Test Standard Test Method' Fee Bend A370,E290 $ 45 each Rebar Tensile, up to No. 11 A370, E8 $ 95 each Reber Tensile, No. 14 and No. 18 A370, E8 $ 200 each Rebar Coupler Slip A370, A1034, CT670 $ 150 each Reber Coupler Tensile, up to No. 11 A370, A1034, CT670 $ 90 each Reber Coupler Tensile, No. 14 and No. 18 A370, A1034, CT670 $ 200 each CT670 Strain (Elongation) CT670 $ 20 each Headed Reber Tensile, up to No. 11 A370, A970 $ 90 each Headed Rebar Tensile, No. 14 and No. 18 A370, A970 $ 200 each Modulus of Elasticity* A370 $ 125 Each Epoxy CoatingThickness A775, A934 $ 100 each Epoxy Coating Continuity — Holiday Test A775, A934 $ 100 each Epoxy Flexibility - Bending A775, A934 $ 75 each In addition to the testing fee. METAL TESTS Test Standard Test Methodt Fee PT Strand Tensile A370, A1061 $ 165 each Anchor Bolt Tensile, up to 1.5" dia. F1554 $ 150 each Anchor Bolt Tensile, greater than 1.5" dia. F1554 $ 250 each Reduced Section Tensile* A370 $ 125 each Rockwell Hardness E18 $ 30 each Macroetch E381 $ 250 each Charpy Impact, Set of 3 ** A370, A673 $ 375 each Galvanization Thickness 8499, E376 $ 25 each Fireproofing Density E605 $ 75 each *Machining testspecimens is not included. Additional fees forstress•strain diagram. "Machininq tests ecimens is not Included. Additional fees will be assessed for testing at temperatures other than 40'F. tCommon ASTM. AASHTO and DOT test • Those beginning with A, B, C, D, E, F, or G are ASTM methods. • Those beginning with T are AASHTO methods. Page 7 of 8 Revised 02I2022 DIMENSION STONE AND ROOFING MATERIAL TESTS DIMENSION STONE Test Standard Test Methodt Fee Dimension Stone, Absorption/Specific Gravity C97 $ 220 set/5 Dimension Stone, Compressive Strength C170 $ 220 set/5 Dimension Stone, Flexural Strength C880 $ 220 set/5 Dimension Stone, Modulus of Rupture C99 $ 220 set/5 MISCELLANEOUS TESTS MISCELLANEOUS TESTS Test Standard Test Methods 1 Fee Hydraulic Ram Verification li E4 $ 315 each Tensile and Elastic Modulus Polymer Composite Materials D3039 $ 650 seU5 SAMPLE PREPARATION SAMPLE PREPARATION Test Standard Test Methodt Fee Rock Sample Preparation 04543 $ 100 each Sample Crushing $ 150 each Sample Cutting and Trimming $ 35 each Sample Mixing and Processing $ 105 each Sample Preparation $ 55 each Sample Preparation, per hour $ 105 each Sam le Remoldin $ 80 each Contamination Fee $ 250 each Sample Disposal Fee $ 10 each tCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, B, C, D, E, F, or G are ASTM methods. • Those beginning with T are AASHTO methods. Page 8 of 8 Revised 02/2022 City of Round Rock Kleinfelder, Inc Contact Person Name Kat 5 Streff Project Manager & Title: Address: 111100 Metric Blvd, Ste 100 Austin Texas 78758 Phone: 512.926.6650 Email: kstreff@Kleinfelder.com Title Quality Assurance Manager $ Raw Rate INNEU154.97Y.NEW15% 123.23 Overhead Rate $ 190.97 $ Profit 47.13 Loaded Hourly Rate $ 361.33 Technical Project Manager $ 88.83 $ 137.66 $ 33.97 $ 260.46 Senior Project Manager $ 80.19 $ 124.27 $ 30.67 $ 235.13 Professional Engineer $ 72.16 $ 111.83 $ 27.60 $ 211.58 Project Professional $ 48.06 $ 74.48 $ 18.38 $ 140.92 Materials Manager $ 60.59 $ 93.90 $ 23.17 $ 177.66 Project Manager $ 36.54 $ 56.63 $ 13.97 $ 107.14 Laboratory Manager $ 30.75 $ 47.65 $ 11.76 $ 90.16 Geologist in Training $ 28.85 $ 44.71 $ 11.03 $ 84.59 Engineer in Training $ 34.84 $ 53.99 $ 13.32 $ 102.16 Professional $ 26.50 $ 41.07 $ 10.14 $ 77.70 Project Controls Specialist $ 35.33 $ 54.75 $ 13.51 $ 103.59 Dispatcher/Administrator $ 21.84 $ 33.85 $ 8.35 $ 64.04 Technician $ 21.54 $ 33.38 $ 8.24 $ 63.16 Senior Technician $ 24.25 $ 37.58 $ 9.27 $ 71.10 Inspector $ 25.15 $ 38.97 $ 9.62 $ 73.74 Senior Inspector $ 26.50 $ 41.07 $ 10.14 $ 77.70 EXHIBIT D Certificate of Insurance Attached Behind This Page " a CERTIFICATE OF LIABILITY INSURANCE Q G" t�W v,arzwE 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 INSUFERIS), AIITHORRED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. IMPORTANT: I the caNlRcst¢ holder Is an ADDITIONAL INSURED. the policylies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the Policy, certain policies may requlre an endorsement. A statement an Ulis certificate does not confer rights to the ceNficete holder In lieu of such emo semengs). OVL• Ia eiB .a insurance Services N¢s[, Inc. Los A.yeias CA Office TDT Nlbllr! Boulevard Suite WLpOaCtMepa x Tk (efi6) ]034123 pd: {Bqp) )63-0105 AOEee' YIBYRER(B)AFFOROINq COVEWIeE NNC/ Las Angeles CA 90017-0460 USA N!W[p IN9VRERA Zurich NneflCdn Ins CO 16535 The xle(nfelder Group. Inc - 770 First Ave. San Diego CA 92101 USA IwvRERe: Allied world Surplus Lines insurance cc 24319 ATUREac. Swiss Re International SE AR1370020 houses 0; INNIRER !: MSIMEn F: COVERAGES CERTIFICATE NUMBER: 570092056542 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIM INDICATED. NOTWRHSTANDNG 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 POUNCES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONIAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN AWY HAVE BEEN REDUCED BY PAID CLAIMS. LMDs chow, am oar uuMd iYpf OF MaNIMIE6 POLICYxamiat loam % I LOYIERCVLGEF¢RLLQManY N 4L0 SKN OCC Mwa $1,000,000 M nsuaoE ❑% OCtufl rRE s $1,000.000 um EYD wmarw aenou S15,000 seas . Nw Nano 31.000.000 GENTAUXREGATELMAPPUESPER vo.wY ❑z �T.D IOC GENE1ULAt/iREGarE 3 .000• rowuc[s-wwaPacc $2.000.000 TxER' A Amotoeae uAevnr v Y BAP 6124595-00 04/01/202104/01/202Z CaoNEo MERE Lum S1,000.000 SGGkY nLVnYi P+TPxK'^I x axruno ..."(Perxmmn .we schasEED AUTIS OaYCi0A9 N]NdxYRED plv AV,OTO LY RmPFnry MFN(£ PoraGOnl MNIIEWWB DCCOR Ie.CCCVWENCE AGGREGnE FxCEB9LW DLow, WE Y A NOnR,F GLiexM[gNNq • M 1 4 9 4 1 Of 0 X. rERbraiDTE NrypYN1e U1W1rY YMx Un,AM10ETORFMR,NW.ERMM NFICERnEREST VLIOT I�w�e4mwrY xp NIA All States E.I Eacra=K yy 31.000.000 E.L nR:FASE£nEeMLDVFE $1,000,000 CebClaPpM OFCpEPA1 pTN5lwc, E.L 049FASEVLear S1.000.000 B Env CPL/Prof PSDEF2100642 04/01/2021 04/01/2022 Each Clain S2.000.000 Claims -Wile Policy pagregate 32, 000,000 SIR .PDI ieb per policy ter s b condi Vans Nunneon Yrewwe,ll a. OGeaigN51ICRI Re: on-callEngineeringTheofBoundBackan officials are Re: included Additional red i accordance with the policy provisions of the General Liability and Auto Laabilaty policies. in Engineering Services. the paly of Round onck and its officers, Gloyees, and Liability General as ilitci anal Auto available to an General Liability and Auto Liability evidenced herein is Primary and Hnn-COntrer of to other is is granted in favor of she Additional Insured, but only in accordance with the vision pof the a waiver of Subro,ation Liability Additional insured he accordance rtM1 the pal io3' Vrovtsions ke the General Liability. Auto Laabilaty and porkers Compensation policies. should the General thereof, how eon. or Professional Liability policy be cancelled before the expiration date Ih¢re0f, the polity provisions will govern how notice of cancellation may he delivered to the olio Liability, workers govern CERTIFICATE HOLDER CANCELLATION RNOVLO ANY or 1. FBOVE OESCMEEO PmI . BE ...so BEFOPE THE EanMibN DATE THEREOF. W07ME mLL 6E DEWEREO IN ALCORO.VICE DITH THE FDIICYp"AMNM. City Of Round ROLL An M ' REHREOF.m . Attn: City Manager East Min Round Rockk TX78664-5299 USA 1319118-2015 ACORD CORPORATION. AI sreserved. ACORD 2512016103) The ACORO name and logo are registered marks of ACORO M AGENCY CUSTOMER ID: 570000071365 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Ann Risk insurance services west, Inc. MMD WSURED The Kleinfelder Group, Inc PODCYNUNBER See Certificate Number: 570092056542 CARRIER See certificate Number: 570092056542 NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS ASCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance certificate holders in accordance with the policy provisions of each policy. See Attached for complete List Of Named insureds. ACORD 101 (2008101) ® 2008 ACORD CORPORATION. All right reserved. The ACO RD name and logo are reglatered nurka of ACORD AGENCY CUSTOMER ID: 570000071365 LOC #: ADDITIONAL REMARKS SCHEDULE rage _ of _ AGENCY Aon Risk Insurance services west, Inc. NAMED WBURED The Kleinfelder Group, Inc PDLICY NUMBER See Certificate Number: 570092056542 CARRIER See Certificate Number: 570092056542 NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, NAMED INSURED SCHEDULE Kleinfelder, Inc. The Kleinfelder Group, Inc. Kleinfelder Holdings, LLC Kleinfelder Parent, Inc Kleinfelder Architecture Northeast, Inc. Kleinfelder Australia Pty Ltd Kleinfelder Canada, Inc. Kleinfelder Colorado 100, LLC Kleinfelder construction services, Inc Kleinfelder Engineering and Geology, P.C. Kleinfelder Guam 101, LLC Kleinfelder International, Inc Kleinfelder Kansas 100, LLC Kleinfelder New Mexico 100, LLC Kleinfelder Northeast, Inc. Kleinfelder Oklahoma 100, LLC Kleinfelder PHIS Ltd. Kleinfelder southeast, Inc. Kleinfelder Texas 100, LLC Kleinfelder Texas 200, LLC Kleinfelder Utah 100, LLC A-1, Inc.- Kleinfelder East, Inc. Buys& Associates, Inc. - TKG Corrigan consulting Inc.- TKG Insite Environmental, Inc.- Kleinfelder West, Inc. Kowalski Engineering, Inc.- Kleinfelder Central, Inc. MCE Group, Inc.- Kleinfelder, Inc. Omni Environmental, LLC- Kleinfelder East, Inc. Spectrum Exploration, Inc.-TKG The Wallace Group, Inc. - Kleinfelder west, Inc. TKG Acquisition Corp. Trigon Environmental services, Inc. Simon Wong Engineering, Inc. Advantage Engineering, LLC - Kleinfelder, Inc. Garcia g Associates - Kleinfelder, Inc. Poggemeyer Design Group, Inc. Design Engineers & Consulting Associates, Inc. (DECA) Industrial Fluid Management, Inc. CM works, Inc. Gas Transmission systems, Inc. GTS Engineering & Consulting, LLP Century Engineering, LLC ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD y Additional Insured — Automatic — Owners, Lessees Or ZURICH Contractors THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 6124594-00 Effective Date: 04/01/2021 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section 11— Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", 'property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10101 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph i.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional Insured: (a) Only applies if the 'bodily injury", 'property damage" or 'personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to 'bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, U-GL-2162-A CW (02/19) Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) 'Your work" and included in the "products -completed operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04113 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (c) Only applies if the "bodily injury', "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products -completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the "bodily injury" or "property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and U-GL-2162-A CW (02/19) Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and Included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or "suit" as soon as practicable; and (3) A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another Insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another 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 a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. u-GL-21e2-A cw (02f19) Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III — Limits Of Insurance: Additional Insured — Automatic — Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2162-A CW (02/19) Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Waiver Of Subrogation (Blanket) Endorsement 0 ZURICH Policy No. I Eff. Date of Pal. I Exp. Date of Pol. I Elf. Date of End. I Producer Add -I. Preen Rears Preen. L06124594-00 4/01/2021 /01/2022 4/01/2021 $ s THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from oth- ers, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-E CW (12101) Page 1 of 1 Coverage Extension Endorsement VAU F ZURICH Policy No. Eff. Date of Pol. I Exp. Dale of Pol. I Eff. Date of End. I Producer No. Add'I. Prem Return Prem. AP6124595-00 /01/2021 4/01/2022 4/01/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II —Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment —Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-424-F CW (04/14) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its pennission. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II — Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II —Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto'. less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss'; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto' of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage — Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: U-CA-424-F CW (04114) Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only If the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". U-CA-424-F CW (04/14) Page 3 of 6 Includes copyrighted material of Insurance services Office. Inc., with its permission. K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage — Comprehensive Coverage — Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos — Physical Damage 1. The following is added to Section I — Covered Autos: Temporary Substitute Autos — Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos — Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the 'loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other parry. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit' or "loss", you must give us or our authorized representative prompt notice of the "accident', claim, "suit' or "loss". However, these duties only apply when the "accident', claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any U-CA-424-F CW (04I14) Page 4 of 6 Includes copyrighted material of Insurance Services office, Inc., with its permission. agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. O. Employee Hired Autos — Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto — World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA-424-F CW (04/14) Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II — Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage —Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III — Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-F CW (04/14) Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (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 or indirectly to benefit anyone not named in the Schedule. Schedule 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 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 WC 6124596-00 Effective Policy No. 04/01/2021 Insured Insurance Company Zurich American Insurance Company Countersigned by Endorsement No. Premium $ WC124 (4-84) Page 1 of 1 WC 00 03 13 Copyright 1983 National Coundl on Compensation Insurance, Inc. Unfform FonnsT Number PSDEF2100647 NOTICE OF CANCELLATION T O ENTITIES OTHER THAN THE NAM ED ASSURED ENDORSEMENT it is hereby understood and agreed that this endorsement modifies the insurance provided by the Policy: As required under the written contracts with the Named Assured provided the Named Assured has furnished Insurers witha listing of the Names and Addresses. A. If the Insurer cancels this policy, prior written notice of cancellation shall be given to the Certificate Holder(s) listed below (hereinafter, "Certificate Holders)") as follows: 1. A ten (10) day prior written notice of cancellation shall be given for non-payment of premiums; 2. A thirty (30) day prior written notice of cancellation shall be given for any reason other than cancellation for non-payment of premium; 3. A thirty (30) day prior written notice of shall be gil.en for non -renewal of this Policy. B. The Insurer shall provide thirty (30) days prior written notice of a Material Change asset forth herein, this endorsement confers no rights under this Policy to the Certificate Holder(s) including, but not lirrited to, additional Assured status or additional Named Assured status. The follow ing definitions apply to this endorsement: 1. Insurer means the insurance company shown in the header on the Declarations page of this Policy. 2. Material Change means the addition of an endorsement(s) to the Policy after the Policy inception date which: a. Reduces the Limits of Insurance/Liability; or b. Adds an Exclusion(s) to the Policy. Ce rtificate Flo Ider(s): All other terns and conditions of this policy remain unchanged. Risk Details -Wording Page 36 of 62 Blanket Notification To Others Of Cancellation ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 6124594-00 Effective Date: 04/01/2021 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will deliver electronic notification that such Coverage Part has been cancelled to each person or organization shown in a Schedule provided to us by the First Named Insured. Such Schedule: 1. Must be initially provided to us within 15 days: a. After the beginning of the policy period shown in the Declarations; or b. After this endorsement has been added to policy; 2. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled; 3. Must be in an electronic format that is acceptable to us; and 4. Must be accurate. Such Schedule may be updated and provided to us by the First Named Insured during the policy period. Such updated Schedule must comply with Paragraphs 2. 3. and 4. above. B. Our delivery of the electronic notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. Delivery of the notification as described in Paragraph A. of this endorsement will be completed as soon as practicable after the effective date of cancellation to the first Named Insured. C. Proof of e-mailing the electronic notification will be sufficient proof that we have complied with Paragraphs A. and B. of this endorsement. D. Our delivery of electronic notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: 1. Extend the Coverage Part cancellation date; 2. Negate the cancellation; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. E. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs A. and B. of this endorsement. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-107-A CW (10/16 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Blanket Notification To Others Of Cancellation ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. BAP 6124595-00 Effective Date: 04/01/2021 This endorsement modifies insurance provided under the: Auto Dealers Coverage Form Business Auto Coverage Form Motor Carrier Coverage Form A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will deliver electronic notification that such Coverage Part has been cancelled to each person or organization shown in a Schedule provided to us by the First Named Insured. Such Schedule: 1. Must be initially provided to us within 15 days: a. After the beginning of the policy period shown in the Declarations; or b. After this endorsement has been added to policy; 2. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled; 3. Must be in an electronic format that is acceptable to us; and 4. Must be accurate. Such Schedule may be updated and provided to us by the First Named Insured during the policy period. Such updated Schedule must comply with Paragraphs 2., 3. and 4. above. B. Our delivery of the electronic notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. Delivery of the notification as described in Paragraph A. of this endorsement will be completed as soon as practicable after the effective date of cancellation to the first Named Insured. C. Proof of e-mailing the electronic notification will be sufficient proof that we have complied with Paragraphs A. and B. of this endorsement. D. Our delivery of electronic notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: 1. Extend the Coverage Part cancellation date; 2. Negate the cancellation; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. E. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs A. and B. of this endorsement. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-103A CW (10/16) Page 1 of 1 Includes copyrighted material of Insurance services Office, Inc., with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY U-WC-100-A CW (10/16) NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX —CONDITIONS F. Notification To Others Of Cancellation 1. If we cancel this policy by written notice to you for any reason other than nonpayment of premium, we will deliver electronic notification to each person or organization shown in a Schedule provided to us by you. Such Schedule: a. Must be initially provided to us within 15 days: After the beginning of the policy period shown in the Declarations; or After this endorsement has been added to policy; b. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that this policy has been cancelled; c. Must be in an electronic format that is acceptable to us; and d. Must be accurate. Such Schedule may be updated and provided to us by you during the policy period. Such updated Schedule must comply with Paragraphs b. c. and d. above. 2. Our delivery of the electronic notification as described in Paragraph 1. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to you. Delivery of the notification as described in Paragraph 1. of this endorsement will be completed as soon as practicable after the effective date of cancellation to you. 3. Proof of e-mailing the electronic notification will be sufficient proof that we have complied with Paragraphs 1. and 2. of this endorsement. 4. Our delivery of electronic notification described in Paragraphs 1. and 2, of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: a. Extend the policy cancellation date; b. Negate the cancellation; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 5. We are not responsible for the accuracy, Integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs 1. and 2. of this endorsement. All other terms and conditions of this 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 04/01/2021 Policy No. WC 6124596 Endorsement No. Insured Premium $ Insurance Company Zurich American Insurance Company U-WC100-A CW (10/16) Includes copyrighted material of National Council on Compensation Insurance, Inc. used with Its permission. INTERNAL USE ONLY