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R-2026-083 - 4/9/2026 7 R RESOLUTION NO. R-2026-083 WHEREAS,the City of Round Rock desires to retain engineering services for the BCRWWS — Interceptor Capacity Improvement Project,and WHEREAS, Walker Partners, LLC has submitted a Contract for Engineering Services to provide said services, and WHEREAS,the City Council desires to enter into said contract with Walker Partners,LLC,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Walker Partners,LLC for the BCRWWS—Interceptor Capacity Improvement Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of April, 2026. CRXd&MOAN, Mayor City of Rou Rock, Texas AM, AN ANKLIN, City Clerk 0112.20262 EXHIBIT A ROUND ROCKTEXAS CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: WALKER PARTNERS,LLC ("Engineer") ADDRESS: 6504 Bridge Point Parkway,Suite 200,Austin,TX 78730 PROJECT: BCRWWS—Interceptor Capacity Improvement THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of , 2026 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: Time and Materials Engineering Services Contract Rev.02/22 0199.202609 00296523 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract)and all Supplemental Contracts(as defined herein in Article 13)which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled"City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled"Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule,then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/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 construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Contract. Engineer shall be paid on the basis of actual hours worked by employees performing work associated with this Contract, in accordance with the Fee Schedule attached hereto as Exhibit D. Payment of monies due for the Engineer's subconsultant's services shall be based on the actual amount billed to the Engineer by the subconsultant. Payment of monies due for direct cost expenses shall be based on the actual costs. The maximum amount payable under this Contract, without modification of this Contract as provided herein,is the sum of Four Hundred Seventeen Thousand Three Hundred Ten and No/100 Dollars, ($417,310.00). Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B entitled "Engineering Services". Satisfactory progress of work shall be an absolute condition of payment. The maximum amount payable herein may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date.Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement,City shall make a good faith effort to pay the amount which is due and payable within thirty(30)days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve 3 Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30)days of the day on which the performance of services was complete,or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies,materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies,materials,or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order,or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non-disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Adam Levy Project Manager 3400 Sunrise Road Round Rock,TX 78665 Telephone Number(512) 341-3394 Fax Number N/A 4 Email Address alevyaroundrocktexas.gov City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Jason Bybel, P.E., PMP Senior Project Manager 6504 Bridge Point.Parkway, Suite 200 Austin, TX 78730 Telephone Number(512) 382-0021 Fax Number N/A Email Address jbybel_,walkerpartners.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services.At the request of City or Engineer,conferences shall be provided at Engineer's office,the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated,and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 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. If City suspends the Engineering Services,the contract period as determined in Article 3,and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, 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. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services,or(2)the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract(including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law,City shall 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 the Project designs and work product developed under this Contract.Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract,Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing,using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer,the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL,EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required.All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract,or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 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 TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty(30)days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer.In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering Services completed 9 at that time.Should City terminate this Contract under Subsection(4)immediately above,then the amount charged during the thirty-day notice period shall not exceed the amount charged during the preceding thirty (30)days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City,the reasonable and necessary cost to City of employing another firm to complete the Engineering Services required and the time required to do so,and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations,then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable 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 directive that discriminates against a firearm entity or firearm trade association; and(2)will not discriminate during the term of the contract against a 10 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 the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. 11 ARTICLE 25 NON-COLLUSION,FINANCIAL INTEREST PROHIBITED (1) Non-collusion. Engineer warrants that he/she/it has not employed or retained any company or persons,other than a bona fide employee working solely for Engineer,to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,commission,percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or,in its discretion and at its sole election,to deduct from the contract price or compensation,or to otherwise recover,the full amount of such fee,commission,percentage,brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and otherwise acceptable to City.Engineer shall also notify City,within twenty-four(24)hours of receipt,of any notices of expiration, cancellation, non-renewal,or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26,Section(1)above,including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Engineer shall notify City thirty(30)days prior to the expiration,cancellation,non-renewal in coverage, and such notice thereof shall be given to City by certified mail to: 12 City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City,to any such future coverage,or to City's Self-Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled"Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto,their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract,in whole or in part,by operation of law or otherwise,without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. 13 ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephanie L. Sandre City Attorney 309 East Main Street Round Rock,TX 78664 Engineer: Jason Bybel, P.E., PMP Senior Project Manager 6504 Bridge Point Parkway, Suite 200 Austin, TX 78730 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 14 perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. 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 pages follow] 16 WALKER P TNERS,LLC By: Printed Name: 0/el 11 Title: 17 CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: Craig Morgan,Mayor Stephanie L. Sandre, City Attorney ATTEST: By: Ann Franklin, City Clerk 18 LIST OF EXHIBITS ATTACHED (1)Exhibit A City Services (2)Exhibit B Engineering Services (3)Exhibit C Work Schedule (4)Exhibit D Fee Schedule (5)Exhibit E Certificates of Insurance 19 1 EXHIBIT A CITY SERVICES In addition to the other responsibilities of Owner as set forth in this Agreement,the Owner shall at its expense: A. Review and comment on all deliverables in a timely manner. Owner shall provide a single set of consolidated Owner review comments on all deliverables. B. Assist the Engineer in coordinating with cooperating jurisdictional and environmental permitting agencies as needed and issue payment for required reviews,approvals, permits and mitigation. C. If required, issue payment for land acquisition costs, power service upgrades,and easements. D. Participate in project meetings, workshops, and conferences as described in the scope of services. E. Owner is responsible for the public notice of meetings for which public notice is required. F. Provide Engineer in a timely manner with all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner shall require to be included in the Drawings and Specifications; and furnish copies of Owner's standard forms, conditions, and related documents for Engineer to include in the Bidding Documents, when applicable. G. Furnish to Engineer any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. H. Following Engineer's assessment of initially available Project information and data and upon Engineer's request, furnish or otherwise make available in a timely manner such additional Project related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services. I. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of the presence at the Site (Brushy Creek, floodplain, and/or Brushy Creek Regional wastewater treatment plant or interceptor) of any Constituent of Concern, or of any other development that affects the scope or time of performance of Engineer's services, or any defect or nonconformance in Engineer's services, the Work, or in the performance of any Contractor. J. Authorize Engineer to provide Additional Services as set forth in this Agreement,as required. K. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer(including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. 'WLIker Partners 2 L. Provide reviews of all permits that may be necessary for completion of each phase of the Project. M. Provide, as required for the Project: 1) Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2) Legal services with regard to issues pertaining to the Project as Owner requires or deems appropriate, Contractor raises, or Engineer reasonably requests, including but not limited to the review of Contract Documents supplied by Engineer. 3) Such auditing services as Owner requires to ascertain how or for what purpose Contractor has used the moneys paid. 4) Placement and payment for advertisement for Bids in appropriate publications. N. Advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value Engineering, and constructability review. 0. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work with appropriate professional interpretation thereof. P. Provide Engineer with the findings and reports generated by the entities providing services to Owner pursuant to this paragraph. Q. Owner will provide additional flow meter data as necessary to assist the Engineer in calibration of the wastewater model. 1/19/2026 Q Vlalker Partners 1 EXHIBIT B ENGINEERING SERVICES GENERAL The existing Brushy Creek Interceptor from the confluence of Lake Creek and Brushy Creek to the Brushy Creek Regional East Wastewater Treatment Plant consists of a 54-inch and 60-inch RCP interceptor installed in the mid-1980s that shows signs of serious degradation such as offset joints, exposed rebar, and signs of infiltration. Additionally, as growth and flows continue to increase, the existing Brushy Creek Interceptor lacks sufficient capacity to handle the additional flows. This Project consists of planning level evaluation of the Brushy Creek Regional Wastewater System (BCRWWS) Interceptor to assemble and review existing data, verify environmental/cultural permitting requirements, assess/confirm the current condition and capacity of the existing interceptor, determine the feasibility of rehabilitation of the existing interceptor, confirm required wastewater capacity, develop/confirm regional partner participation requirements, and develop recommendations to convey the required wastewater flow to the Brushy Creek Regional East Wastewater Treatment Plant. It is anticipated that final design, bidding, and construction phase services will be authorized through a Supplemental Contract. BASIC SCOPE OF SERVICES Task 1.0- Project Management, Coordination,and Meetings 1.1 Project Administration. 1.1.1 Project Management Plan (PMP). Develop and document the following plans and procedures to coordinate administration of the contract: team communication, quality management, risk management, health and safety, document control, change management, and cost and schedule control. 1.1.2 Manage and coordinate staff resources, subconsultants, and project planning. 1.1.3 Prepare monthly invoices and project progress reports. 1.1.4 Provide and maintain a project schedule in MS Project format that is updated monthly. 1.1.5 Facilitate document control and document sharing for electronic filing of documents. Develop and coordinate drawing and graphic standards. 1.2 Project Meetings. 1.2.1 Conduct bi-weekly internal team coordination meeting.Track actions and decisions and communicate with Owner as required. 1.2.2 Attend monthly progress meetings with Owner, conducted via Teams,for a total of nine meetings. Participants include staff from Owner and Engineer, as well as key Engineer subconsultant staff. Engineer shall prepare meeting minutes and submit for review and comment within 10 days of each meeting. 1/19/2026 Q V-Talker Partners 2 Task 1.0 Deliverables ■ Monthly invoices and project progress reports ■ Project schedule(submitted monthly) ■ Monthly progress meeting agendas and minutes(9) Task 2.0-Capacity Analysis,Allocation/Reservation,and Hydraulic Evaluation 2.1 Review existing interceptor capacity allocations and reservations and develop cost allocation model for improvements to the Brushy Creek Interceptor. 2.2 Review updated flow data from Kenney Fort Meter and New meter 1431954 along with additional capacity allocations data provided by Owner to verify existing peaking factors. Review and update the SewerGEMS hydraulic model from the Master Plan with updated flow data and verify reasonable peaking factors for future flows in the reach of interest. 2.2.1 Determine proposed interceptor diameters to: 2.2.1.1 Replace the existing interceptor with a parallel interceptor; or, 2.2.1.2 Construct a parallel interceptor to be utilized in combination with rehabilitated existing interceptor. 2.3 Develop anticipated participation percentages for each alternative. 2.4 Workshop-Coordinate, attend and present findings and recommendations of the partnership capacity and participation analysis to the Owner. 2.5 Document the results of this analysis in a Draft Technical Memorandum (TM). Obtain and respond to Owner comments and prepare a final version of the TM. Task 2.0 Deliverables ■ Workshop meeting agendas and minutes ■ Draft and Final Partnership Capacity and Participation Technical Memorandum Task 3.0-Interceptor and Manhole Rehabilitation 3.1 Review existing CCTV condition assessment through the extents of the existing interceptor. Verify CCN inspections were conducted in accordance with National Association of Sewer Service Companies (NASSCO) Pipe Assessment Certification Program (PACP) requirements. 3.2 Prepare a technical memorandum to summarize the basis of design for sewer rehabilitation work. This memorandum will include summaries of pipe conditions based on existing data, recommended rehabilitation technologies, preliminary-level opinion of probable costs, and critical coordination considerations of the following: 3.2.1 Pipe condition will be summarized from existing inspection data only. Pipe segments with high-risk defects will be highlighted in the memorandum. Remedial measures will be identified. 1/19/2026 QVTalker Partners 3 3.2.2 Manhole conditions will be assumed and no additional inspections will be conducted. Remedial measures will be identified assuming 70%of manholes will need spot repairs, 30%will need structural repairs, and all manholes will be lined after repairs. Assumed manhole condition percentages are budgetary assumptions for cost estimating purposes only. 3.2.3 Rehabilitation, reconstruction, and relocation needs will be identified. Rehabilitation needs will be required to restore existing pipes and manholes after a parallel interceptor is constructed. Rehabilitation technology and any relocated segments will be detailed. A preliminary-level opinion of probable construction cost will be developed, and critical coordination considerations will be documented. Task 4.0-Data Collection and Alternative Evaluation 4.1 Constraint Investigation, Determination and Mapping 4.1.1 Collect and review GIS data and establish base files. 4.1.2 Review record drawings, reports, and surveys provided by Owner. 4.2 Cultural and Natural Resources Constraints Analysis 4.2.1 Utilize publicly available information to create a preliminary evaluation and generate a constraints analysis for cultural and natural resources, which includes a list of potential compliance actions and regulatory agencies. The constraints analysis will characterize key aquatic, biological, and cultural resources; land use; other potential restrictions; and prospective field survey needs to collect relevant data. 4.2.2 Publicly available information for natural resources that will be investigated include databases from the U.S. Geological Survey(USGS), U.S. Army Corps of Engineers (USACE), U.S. Fish and Wildlife Service (USFWS), and Texas Commission on Environmental Quality (TCEQ). The constraints analysis is intended to identify potential federal, state, and local approvals to develop the proposed project, including a matrix summarizing potential regulatory approvals, permit triggers, and estimated time frames for obtaining such approvals. Investigation will include a hazardous materials database search within the constraints analysis. One biologist will visit the project to take photographs and notes. 4.2.3 An archaeologist will perform a review of records from the Texas Archeological Research Laboratory available on the Texas Historical Commission's (THC's) online Texas Archeological Sites Atlas (Atlas) online database to identify previously recorded surveys or cultural resources within 0.6 miles (1.0 km) of the project area. In addition,the Atlas review will include the following types of information: National Register of Historic Places (NRNP) properties, State Antiquities Landmarks (SALs), Official Texas Historical Markers (OTHMs), Recorded Texas Historic Landmarks (RTHLs), cemeteries, and local neighborhood surveys. An archaeologist will also review the Texas Department of Transportation's Texas Historic Overlay, a mapping/geographic information system (GIS) database with historic maps and resource information covering most of the state of Texas. 1/19/2026 OWLIker Partners 4 4.2.4 Other critical factors that will be examined include the level of previous disturbances from residential and commercial development, types of soils present, and any obvious standing structures greater than 45 years in age that appear on USGS topographic maps.Together this information task will allow identification of areas within the property that have the potential to contain significant, undocumented cultural resources and evaluate archaeological potential. 4.2.5 Document the results of this analysis in a Draft Technical Memorandum (TM). Obtain and respond to Owner comments and prepare a final version of the TM. Task 4.2 Deliverable ■ Draft and Final Cultural and Natural Resources Constraints Analysis TM 4.3 Subsurface Utility Engineering(SUE) 4.3.1 Perform Quality Level D (QLD) SUE services for this project in general accordance with the recommended practices and procedures described in ASCE publication ASCE/UESI/Cl 38-22 "Standard Guideline for Investigating and Documenting Existing Utilities". 4.3.1.1 QLD SUE data is record-based data acquisition and does not include test hole data or field acquired invert or surveyed data. 4.3.2 Perform records research and acquire available existing utility records within the project limits. This will include contacting the applicable One Call agency and associated utility owners/municipalities to request records and reviewing available utility record information obtained. 4.3.3 QLD SUE will depict the following utilities based on available utility records: potable water, reclaimed water, chilled water, traffic signal cables, street lighting,TxDOT CTMS cables, natural gas/crude oil/refined product pipelines, communication duct banks, fiber optic, cable television, telephone, electric, wastewater, and storm. Additionally, SUE will attempt to depict utility service lines, however, because these lines are often not shown on records, inclusion of all service lines in the final deliverables cannot be guaranteed. The following facilities/items are specifically excluded: private service lines, irrigation lines, detailed vault investigations, utility designating, inverts of wastewater and storm facilities,test hole data, and electronic depth readings. Task 4.3 Deliverables ■ A utility file in CAD format depicting all QLD SUE data documented on the project. The Client will provide TRG with any necessary background files for use in completing the final deliverables. ■ 11" x 17" SUE Plan Sheets depicting all QLD SUE data documented on the project. These plans will be signed and sealed by a Professional Engineer and delivered to the Client in electronic PDF form. 1/19/2026 'Wdker Partners 5 ■ A Utility Report containing metadata (e.g. scope of work, work limits, dates of performance, survey control, etc.), information about the Utility Investigation not otherwise conveyed in other project deliverables, and recommendations to address data deficiencies. 4.4 Alternative Evaluation. 4.4.1 Identify and map (plan view only)two alternative interceptor improvements: 4.4.1.1 Construct parallel interceptor prior to rehabilitation of existing interceptor; 4.4.1.2 Construction of parallel interceptor and abandon existing interceptor. 4.4.2 Perform desktop geologic study utilizing borings from previous projects in the vicinity, construction records for the existing line, and public well reports. Evaluate potential trenchless locations and the probable required installation methods for each alignment 4.4.3 Prepare an opinion of probable construction costs(OPCC)for each alternative. 4.4.3.1 Bypass pumping/temporary conveyance will be addressed at a planning level (constraints and feasibility notes) and no detailed bypass pumping design is included. 4.4.4 Develop a permitting matrix that summarizes regulatory requirements for each alternative. 4.4.5 Workshop - Coordinate, attend and present findings and recommendations of the alignment evaluation to the Owner. Present cost and non-cost factors to select an alternative for Preliminary Engineering. 4.4.6 Document the results of this analysis in a Draft Technical Memorandum (TM). Obtain and respond to Owner comments and prepare a final version of the TM. Task 4.4 Deliverables ■ Workshop meeting agendas and minutes ■ Draft and Final Alignment Evaluation TM Task 5.0-Engineering Feasibility Study 5.1 Prepare preliminary plan and profile drawing roll plots for the preferred alternative (approximately 11,300 LF). Profile drawings will be generated utilizing existing available LiDAR data (not survey data) and will be planning level representation of the preferred alternative. 5.2 Document recommended materials of construction. 5.3 Document recommendations for trenchless methods and develop additional geotechnical investigation scope for final design. 1/19/2026 @ Iker Partners 6 5.4 Document potential utility conflicts that will require further QL"A" subsurface utility engineering (SUE) investigations during final design. 5.5 Document required federal, state, and local approvals to develop the Project, including a matrix summarizing the required regulatory approvals, permit triggers, and estimated timeframes for obtaining such approvals. 5.6 Develop an implementation schedule including major design activities and estimated bid and construction phase milestones. 5.7 Prepare a Class 3 opinion of probable construction costs. Contingency shall be set at approximately 30 percent for total project costs as recommended by the American Association of Cost Engineers for a design with a 10 to 40 project definition level. 5.8 Prepare and submit a Draft of the Feasibility Study for the recommended alternative. Drawings will be included as a Roll Plot. 5.9 Workshop - Prepare for and conduct a Feasibility Study Workshop with Owner to discuss the following alternative design approaches. 5.10 Address Owner comments and submit a Final Feasibility Study. The Feasibility Study shall be submitted as a digital PDF document. Task 5.0 Deliverables ■ Workshop meeting agendas and minutes ■ Draft and Final Engineering Feasibility Study including plan and profile roll plot. 1/19/2026 0 Wd ker Partners 1 EXHIBIT C WORK SCHEDULE The assumed overall project schedule is approximately 9 months from receipt of a fully executed contract which shall serve as notice-to-proceed. 1/19/2026 Q NTalker Partners 1 EXHIBIT D FEE SCHEDULE Total compensation for Basic Services set forth in Exhibit B is estimated to be$417,310. Owner shall pay Engineer for Basic Services set forth in Exhibit B on the basis of Standard Hourly Rates as described in Paragraph 1.0. Engineer's labor and fee summaries are attached as Appendix 1. 1.0 Owner shall pay Engineer for Basic Services set forth in Addendum to Exhibit B as follows: A. An amount equal to the cumulative hours charged to the Project by each class of Engineer's personnel times Standard Hourly Rates for each applicable billing class for all services performed on the Project, plus Reimbursable Expenses and Engineer's Consultants' charges, if any. B. The Standard Hourly Rates charged by Engineer constitute full and complete compensation for Engineer's services, including labor costs, overhead, and profit; the Standard Hourly Rates do not include Reimbursable Expenses or Engineer's Consultants' charges. C. Engineer's Standard Hourly Rates are as indicated on the labor and fee summaries set forth in Appendix 1.The rate schedule is subject to annual review and adjustments. D. The total compensation for services under Paragraph 1.0 is estimated to be$417,310. E. Engineer shall not exceed the total estimated compensation amount unless approved in writing by Owner. If it becomes apparent to Engineer that the compensation amount for Engineer's services will be exceeded, Engineer shall give Owner written notice thereof for review of the matter. F. The amounts billed for Engineer's services under Paragraph 1.0 will be based on the cumulative hours charged to the Project during the billing period by each class of Engineer's employees times Standard Hourly Rates for each applicable billing class, plus Reimbursable Expenses and Engineer's Consultants' charges. G. The amounts payable to Engineer for Reimbursable Expenses will be the Project-related internal expenses actually incurred or allocated by Engineer multiplied by a factor of 5%. H. Whenever Engineer is entitled to compensation for the charges of Engineer's Consultants, those charges shall be the amounts billed by Engineer's Consultants to Engineer times a factor of 5%. 1/19/2026 Q Wlker Partners APPENDIX 1 ENGINEER'S LABOR AND FEE SUMMARY Brushy Creek Regional Wastewater System(BCRW WS) Protect Fee Summary Brushy Creek Interceptor 1/19/2026 vrr lith inary Design Fre $417,310 Detailed Cost Breakdown-Feasibility Study Basic Services Employee Archer Pebaseki Bullard/Dunlop Crites Dadi Campbell nva e Total Hours Total Labor Effort Total Expense Total Sub Effort Total Effort Task PositionPdrxipal OA/QC Peke Manager project Engineer ER UDTechnkian Admin Effort Tasks I Current Hourly Bill Rate $350 $310 $310 $160 $130 $160 $95 1.0 Project Management 1.1 Project Administration 9 90 2 101 S 31,240 $ $ 19,301 $ 50,541 1.2 Project Maetl s S $ $ 1i 1.2.1 internal Team MeeH 5118) 2 1 18 9 9 40 S 91510 $ - $ 4,867 $ 14,377 1-22 Monthly Progress Meeti s(9) 4 18 9 18 49 $ 10,760 $ 56 $ 2,604 $ 13,420 2.0 Capacity Analysis,Allocation/Reservation,and Hydraulic Eval 2.1 Reviewexisn :L1mabons/resemtio, de',vimcostallocation Model 2 8 10 $ 3,100 $ $ $ 3,100 2.2 It v and update existing hverauJ c model $ $ $ 36,488 $ 36,488 2.2.1 Determine Interceptor diameters for two alternatives 2 4 a 14 S 3,140 $ $ $ 3,140 2.3 Dmbp anti ted parditip,non for each alternative 2 4 6 $ 1,860 $ $ $ 1,860 2.4 Pneaft findinits,st BDIWWS OC Meeting 2 4 6 $ 11940 $ 56 $ 5,629 S 7,625 2.5 Prepare Draft and Final Technical Memorandum 1 2 24 8 35 $ 9,690 $ $ SAM $ 18,510 3.0 Inteceptor and Manhole Rehabilitation 3.1 Review existing-Inspection Data $ $ $ 12,852 $ 12,852 3.2 Develop Draft and Final Technical Memorandum 2 2 4 $ 1,240 $ $ 31,059 $ 32,299 4.0 Data Collection and Alternative Evaluation 4.1 Constraint Investigation,Determination,and Mapping 4.11 Collett and revkw GIS data and establish base files 2 8 24 34 $ 5,740 S $ $ 5,740 4.L2 Review record drawings and surveys provided by Owner. 2 12 24 1 38 $ 6,380 $ $ $ 6,380 4.2 Cultural and Natural Resouces Constraints Amlysis TM 1 2 2 S $ 1,250 $ $ 17,002 $ 18,252 4.3 Subsurface Utility Eniineering(SUE)Leve10LD 1 2 1 4 7 $ 1,270 $ $ 9,275 $ 10,545 4.4 Aftenatiw Evaluation 4.4.1 klennly/map 2 Alternative Interceptor knpovements 1 4 12 8 24 49 5 8,350 $ $ S 8,350 4.42 Evaluate Trenchelss Insrallanon Methods 4 4 8 S 1,880 $ $ 4,809 S 6,689 4.4.3 OPM for each ahe,nauve 1 4 8 16 29 S 4,910 $ $ 14,501 S 19,411 4.4.4 Develop Pennimog M ir,..ror each alternative 1 4 5 S 1,550 S $ $ LS50 4.4.5 workthnp-Al---,lvan,almn 2 12 8 a 30 S 6,740 $ $ 2,033 $ 9,773 4.4.6 Prepare Draft and Final Trrhmrei Me -clum 1 2 16 24 32 40 US $ 20,330 $ 56 $ 3,392 $ 23,778 5.0 Engineering Feasibility Study 5..1 Prepare Preliminary Plan and Profile Roll Plot for Rerommend dAlt-thee 2 840 24 120 194 $ 31a20 $ $ $ 31,820 5.2 Evaluate Materials of Construction 1 a 24 33 $ 6,630 $ $ $ 6,630 5.3 Developrecomm_endations for TremhL,,Methods 1 2 3 $ 930 $ $ 3,822 $ 4,752 5.4 Develop recnmmeneannns for further SUE OIa Investigation 1 2 4 7 $ 1,270 $ $ $ 1,270 ss Doc umenf Fed.State and Local prwals In Matrix 1 4 5 $ 11550 $ $ 5 1,550 5.6 Develop implementation Schedule Incl.Design,Bid,and Construction 1 2 2 5 $ 1,250 $ $ $ 1,250 5.7 Prepare oris 30PCC 1 2 4 16 23 $ 3,650 $ $ $ 3,650 5.8 Prepare Draft Feasibility Study with Rail Plot Exhibit 1 2 16 32 40 24 IIS $ 20,090 $ $ 19,845 $ 39,935 5.9 workshop Feavbdrty-dy Review 2 8 8 4 22 $ 4,980 $ 56 $ 2,490 $ 7,526 5.10 Prepareand Submx Final Feasibility Study 1 2 12 16 16 16 63 $ 11,890 $ $ 3,360 S 15,250 Total Basic Semites Hours 2SI 29 286 234 191 2881 2 1,055 S 2UyW $ nit $ 202,146 $ 417,310 1 of 3 1119r2026 Brushy Creek Regional Wastewater System(BCRW WS) Project Fee Summary Brushy Creek Interceptor 1/19/2026 vrellminary OeslRn Fee $417,310 Detailed Cost Breakdown-Feasibility Study Task NIF—ses Miles Printing Hotel Travel Other Other Other Total Expenses 1.0 Project Management Ll Protect Adninistrabon 5 L2 Project Meetings L2.1 Internal Team Meetings(19) S L2.2 Monthly Progress Meetings(9) so S S6 2.0 Capacity Analysis,Allocation/Reservation,and Hydraulic Eval 2.1 Review e4sting allocations/reservations-develop cost allocation Model 2.2 Revkw and update—sting hydraulic model 2.2.1 Dahrmim Interceptor diameters for two aItem,tives - 2.3 Develop anticipated participation for each alternative 2.4 Present findings M BCRWW5 OC Meeting so 56 2.5 Prepare Draft and Final Technical Memorandum 3.0 Inteceptor and Manhole Rehabilitation 3.1 Review existing CCTV Inspection Data $ 3.2 Develop Draft and Final Technical Memorandum S 4.0 Data Collection and Alternative Evaluation 4.1 Constraint Investlgabon.Determination,and Mapping 4.L3 Colkct and review GIS data and establish base files 4.L2 Review record drawings and surveys provided by Owrer. 4.2 Cultural and Natural RewPices Constraints Analysis TM 5 4.3 Subsurface Utility Engineering(SUE)Level QLD 5 4.4 Alternative Evaluation 4.4.1 Identify/map 2 alternative Interceptor Improvements $ 4.4.2 Evaluate Trenchelss installation Methods 5 4.4.3 OPCLs for each alsemative 5 4.4.4 D4eabp Permddng Mann,for each alternative 5 - 4.4.5 W kshop-Alremative Evaluation 5 - 4.4.6 Prepare Draft and Final Technical MemoraMun 90 5 S6 5.0 Engineering Feasibility Study 5.1 Prepare Preliminary Plan and Profile Roil Pot for Recommended Altemabve 5 5.2 Evaluate Materials of Construction 5 5.3 Develop recommerdabons for Trenchless Methods 5 5.4 Develop recommendations for further SUE QLA Investigator, 5 - 5.5 Document Fed,State,and l xal Approvals in Maul, 5 - 5.60 Develop Implementation Schedule Incl.Design,Bid,and Construction 5 5.70 Prepare Class 3 OPCC 5 Sao Prepare Draft Feasibility Study with Roll Pbt E4hlblt 5 - 5.90 Workshop-Feasibility Study Review &] $ 56 Solo Prepare and Submk Final Feasibility Study $ Total Expenses Eftrtj$ 224 1$ $ $ $ $ $ $ 224 2 of V19l2026 Brushy Creek Reglonal Wastewater System(BCRW WS) Project Fee Summary Brushy Creek Interceptor 1/19/2026 Preliminary Design Fee $417,310 Detailed Cost Breakdown-Feasibliftl Study Task Subconsultants CDM Smith SWCA Schnabel The Rios Group Total Sub Effort 1.0 Project Management 1.1 Project Administration 11,290 5,157 1,935 $ 19,301 1.2 Project Meetings $ L2.1 Internal Team Meetings 1181 3,000 1,635 $ 4,867 1.2.2 Monthly Progress Meetings(9) 1,880 600 $ 2,604 2.0 Capacity Analysis,Allocation/Reservation,and Hydraulic Eval 2.1 Review existing a 11-tibm/reservations-develop cost allocation Model $ 2.2 Review and update existing hydraulic model 34,750 $ 36,488 2.2.1 Determine Interceptor diameters for two altenuunes $ 13 Develop anticipated participation for each alternative $ 2A Present findings at BCRWWS OC Meeting 5,361 $ 5,629 25 Prepare Draft and Final Technical MemoraM,m 8,400 $ 8,820 3 Inteceptor and Manhole Rehabilitation 3.1 Review e.nting CCTV Inspection Data 12,240 $ 12,852 3.2 Develop Draft and Final Technical Memorandum 29,580 $ 31,059 4 Data Collection and Alternative Evaluation 4.1 Constraint Investigation,Determinatlon,and Mapping 4.1.1 Collett and revlew GIS data and establish base flies $ 4.12 Review record d-ings and surveys provided by Owner. $ 41 Cultural and Natural Rewuces Constraints Analysis TM 16,192 $ 17,002 4.3 Subsurface Utility Engineering(SUE)Level CILD BA33 $ 9,275 M Albrnative Evaluation 4.4.1 Identify/map 2 Alternative Interceptor Improvement $ - 4.4.2 Evaluate Trenchelss Installation Methods 4,580 $ 4,809 4.4.3 OPM for each albmatlw 13,810 $ 14,501 4.4.4 Develop Permitting Matrla for each a ternative $ 4.4.5 Workshop-Aibmative Evaluation 1,936 $ 2,033 4.4.6 Prepare Draft and final Technical Memorandum 3,230 $ 3,392 S Engineering Feasibility Study 5.1 Prepare Preliminary Plan and Profile Roll Plot for Recanmerded Alternative $ 51 Ewluate Materials of Construction $ 5.3 Develop recommendations for Trcnchless Methods 3,640 $ 3,822 5.4 Developreco-nd-n,for further SUE OLA Investigation $ 5.5 Document Fed,State,and local Approvals in Marta $ 5.6 Develop Implementation Schedule Incl.Design,Bid,and Construction $ 5.7 Prepare Class 3 OPCC $ SA Prepare Draft Feasibility Study with Roll Plot Edtlblt 18,900 $ 19,845 5.9 Workshop-Feasibility Study Review 2,371 $ 2,490 5.20 Prepare and Submit Final Feasibility Study 3,200 $ 3,360 Total Subconsultants Effort $ 139,553 $ 22,416 $ 30,902 $ 9,275 $ $ $ $ 202,146 3 of 1/19/2026 APPENDIX 1.1 CDM SMITH LABOR AND FEE SUMMARY .,wm cr..l.nrwr s„r mlNRwwsl m.u[9im:c� vasa -- vu r,,, s::o su,s yn vxs vn E vo [ssw~ suao wm vm eR.n [n.n 1.0 ho�ec[Marwtement v v s s s ].0 UR dl,aNlyYs,alloo0on/Rwrv.tim,arM RvbRWk EVN S 5 f S Is w.�....mn.[x.u.w...,..m",. w,r.[ouea"um.i Sx K)Eo S Kxn S - 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Lm os 5 -m M im to /eojm MaslaEEmbll - -_.._._- Ryw e•++an m Weuiypq 3 wwuwlal f ZO 6p dt,Nsalpk,Nlosa.Wft"mt. ,an.MybaWlc EW f 3 r. e m iED f _ f io MCQplor arM Manhok Xehablllu 3 4.0 Nipsment Evaluation^ s -.wxwwow�., y s �M 3 3 f 3 f fd EM—dit...bilk,StuAy er�•rr.lwu.n vu...c r�rx w+>cr,m 5 3 5 5 ra.0 izi e+.e�.ex.wace.a�w. 5 MNwrrsu n +cei t.nx. avq w•...b —-i m _ s__ - m ss..rs+rwwxexr.,rw, s s xri VIELiI APPENDIX 1.2 1 SCHNABEL ENGINEERING SCOPE OF SERVICES AND LABOR AND FEE SUMMARY SCHNABEL SCOPE OF SERVICES Related to the scope of services outlined in the prime consultant agreement, Schnabel proposes the following specific services: Task 1.0- Project Management, Coordination,and Meetings Task 1.1.3: Prepare monthly invoices and provide a brief description of services performed that month (1 hr/mo for 9 months). Task 1.2.1: Schnabel will attend between three and six internal virtual coordination meetings lasting between 30 minutes and one hour each. Task 1.2.2: Schnabel PM will attend two of the planned 12 monthly progress meetings with the owner via Teams. Task 4.0-Alignment Evaluation Task 4.4.2: Perform a desktop geologic study utilizing borings from previous projects in the vicinity, construction records for the existing line, and public well reports. Utilizing this available information, evaluate potential trenchless locations and the probable required installation methods for each alignment. Task 4.4.3: Prepare a simple OPCC for each trenchless crossing for the purpose of comparing alternatives. Assist in incorporating these estimates into the overall OPCC for each alternative. Task 4.4.6: Provide input to the Draft Technical Memorandum (TM) related to trenchless design and construction. Respond to applicable Owner comments and assist in the prepare of the Final TM. Task 5.0- Engineering Feasibility Study Task 5.3: Develop recommendations for trenchless methods and develop additional geotechnical investigation scope for final design. Assumptions: • A maximum of three trenchless crossing locations will be evaluated. Exclusions: • Specific input to the Final engineering feasibility study report. • Attendance at the final engineering feasibility study workshop. • Input to required staging areas or otherwise for temporary and permanent easement considerations. 1/19/2026 'WAker Partners 2 • A detailed (bottom-up) OPCC • Input to open cut construction design or construction considerations. • Trenchless analysis to evaluate profile (pipe) depth. • Input to trenchless alignment or shaft locations • Site visits • Hydraulic design. • Evaluation of cultural and natural resources impacts • Subsurface Utility Engineering (SUE) • Surveying • Existing interceptor and manhole rehabilitation evaluation • Preparation of meeting minutes. • CAD work • Other services not described herein. 1/19/2026 Walker Partners Brushy Creek Regional Wastewater System(BCRWWS) Project Fee Summary Brushy Creek Interceptor 1/19/2026 Basic Services Detailed Cost Breakdown-Schnabel Engineering Total Protect Basic and S.tial Services Employee Rlcksmlth Man aoximl aemv I—, loco Cru or Patrick lim Foley Bill sit.-Ile FBolime Moore — Total Labor Total Expense Task Position Prmcmai/S�F—. Assonate/PM Y.in,maer 1'..Eno/--1PM Prlf.imatl Curl*' Sr.ESHmator 11 Cqp TOtaINWrs Total Labor Effort Effort Effort Total Sub Effort Total EBOR Tasks I Current Hourly Bill Rate Ston $245 $215 $410 $2SS 1.0 Project Management 1.1 Prof ecl Administration 9 9 1,935 $ 1,935 5 $ $ 1,935 Project Meetings _ _- - _ - - - _ 11.1 Internal Team Meetings 3 3 h 1,635 $ 1,635 $ $ 5 1,635 11.2 Monthly Progress Meeung, 2 2 600 $ 6001$ $ $ 600 2.0 Capacity Analysis,Allocation/Reservation,and Hydraulic Eval 2.1 Review existing allocatlons/resemi dans-develop cost allocation Model $ - $____ $ - $ 2.2 Reieau and update estn hydraulic model $ $ $ - - 2.2.1_ Determine Interceptor diameters for two alternatives ___ _ _ _ $ - $ - $ $ - 2.3 r Develop anticipated participation for each alternative __ _ _$ - $ 2.4 -I Present flndln at BCRWWS_OC Meeting $ 5 2.5 P,epam Draft and Final Techncial Memorandum $ $ $ $ 3.0 Inteceptor and Manhole Rehabilitation 3.1 1: Bal:ung Crn and Mannose mspectmn Data $ $ - $ $ - 3.2 Develo Draft antl Final Techn kat Memorandum $ $ $ $ 4.0 Alignment Evaluation 4.1 Constraint Investi a n,Determination,and Mapping 4.1.1 Cmllect and review GIS data and establish base files _ $ S $ $ 4.1.2 Rev'lew record drawings and,Bn,e rowed by owner. - $ $ S S 4.2 Cultural and Natural Resolute,Constraints Analysis TM I $ $ IS $ 4.3 subsurface Utility Enoreenng(SUF)Level OLD $ S $ $ __ 4.4 Alignment Evaluation 4.4.1 dernfy/Malp 2 Alt Parallel Interceptor Im rovemem, $ $ $ $ 4,11 Evaluate Trenchelss Installation Methods(includes desktop geolaBc study) 2 4 4 8 18 4,580 $ 4,580 $ $ $ 4,580 4.4.3 OPCCs for each alternative _ 1 2 2 12 4 32 53 13,810 $ 13,810 $ S $ 13,810 4A.4 Develop P—itfing Mamo for each alternative $ - $ - $ - $ - 4.4.5 Worksho -AII men,Evaluation $ $ $ $ 4.4.6 Prepare DraH and Flnal Techncial Memorandum 1 2 4 1 4 12 3,230 $ 3,230 $ - $ - $ 3,230 5.0 Engineering Feasibility Study _ 5.1 Prepare Preliminary Plan and Profile Ron Plot for Recommended Atematfve $ $ $ $ Sl EPaluareMaterials ofConstruction $ S $ S 5.3 Develop recommendations for Trenchbss Methods 1 2 4 8 15 3,640 $ 3,640 S $ $ 3,640 5A Develop recommendations for further SUE OU Imrestigation_ _ _ _ $ - $ - S - $ - 5.5 Document Fed,State,and Intal A rovals in Malls $ - $ 5.6Develop Implementation Schedule Ind.Design,Bid,and Co rath-ion $ $ $ $ 5.7 Prepare Class 3OPCC $ $ $ S S9 Prepare Draft Feasibility StudyvdM Roll Plot Exhibits $ - $ - $ - $ - ss Workshop-FeasibHl Stu Rel,iew $ $ S $ S.30 Prepare and Submit Final Feasibllry Study - 1 $ - $ - $ $ $ $ $ $ Total Basic Services Hours 5 15 13 41 5 36 - lig !,490 2 $ "AnS $ $ b.4 1 oft iHW2020 Brushy Creek Regional Wastewater System(BCRWWS) Brushy Creek Interceptor Project Fee Summary 1/19/2026 Basic sen,�ce, Detailed Cost Breakdown-Schnabel Engineering Total Prolect Ir Task Expenses Milr, Meal, Printing Hotel Travel Other Other Total Expenses Expense Cost $ 0.63 5 1.05 5 1.05 $ 1.05 $ 1.05 $ 1.05 1.0 Project Manag/3Fnant 1.1 Project Administration $ 1.2 Projett Meetings 11.1 Internal Tam Meetings 1.2.2 Monthly Progress Meetings LO Capacity Analysis,Allocation/Reservation,and Hydraulic Eval 2.1 Review existing allocations/reservations-develop cost allocation Model $ 21 Review and update existing hydraulic model $ 21.1 Hermine Interceptor diameters for two alternatives S 23 Develop anticipated participation for each alternative $ 2A Present findings at BCRWWS OC Meering $ 2.5 Prepare Draft and Final Techncial Memorandum $ 3.0 Inteceptor and Manhole Rehabilitation 3.1 Review existing CCTV and Manhole Inspection Data $ 32 Develop Draft and Final Technkal Memorandum $ 4.0 Alignment Evaluation Al Constraint Invesggation,Determination,and Mapping 4.1.1 Collett and review GIS data and establish base files $ 4.12 Revlew record drawings and surveys provided by Owner. $ 41 Cultural and Natural Resouces Constraints Analysis TM $ _ 43 Subsurface Utility Enpneedng(SU E)Level OLD $ _ 4A Aliplment Evaluation 4A.2 ldmtify/Map 2 Alt Parallel Interceptor Improvements $ 4A2 Evaluate Trenchelss Installation Methods lindudes desktop geologic study) $ 4A3 OPCCs for each alternative $ 4AA Develop Per—ng Mau,for each altamative $ 4AS Workshop-Alignment Evaluation $ __ 4.4.6 Prepare Draft and Final Techndal Memorandum $ 5.0 Engineering Feasibility Study 5.1 Prepare Preliminary Plan and Profile Roll Plot for Recommended Altemathr2 $ 51 Evaluate Materials of Construction $ 53 Developrewmmendatimnsfor Trenchless Methods $ 5.4 Develop recommendations for further SUE QLA Investigation $ 55 Document Fed,State,and local Approvals In Matrix $ 5.6 Develop Implementation Schedule Ind.Design,Bid,and Construction $ 5.7 Prepare Class 3 OPCC 51 Prepare Draft Fnslblliry Study with Roll Plot Exhlbds $ 5.9 Workshop-Feasibility Study Re, $ 5.20 Prepare and Submit Final Feasibllty,Study $ $ Total Expeme hems - - - - - TotalExpensesEaort $ $ $ $ $ $ S $ 2 of 2 1/taQ02a rhe APPENDIX 1.3 SWCA SCOPE OF SERVICES AND LABOR AND FEE SUMMARY SWCA4407 Monterey Oaks Boulevard Building 1,Suite 110 Austin,Texas 787499 Tel 512.476.0891 Fax 512.476.0893 ENVIRONMENTAL CONSULTANTS www.swca.com 36 Sound Science.Creative Solutions! December 16, 2025 Aaron Archer, Vice President Walker Partners 6504 Bridge Point Parkway#200 Austin, Texas 78730 Re: Brushy Creek Regional Wastewater System Interceptor Project/ SWCA Project#00100351-000-AUS Dear Aaron Archer: SWCA Environmental Consultants (SWCA) appreciates the opportunity to provide you with our scope of work and cost estimate for environmental services for the proposed Brushy Creek Regional Wastewater System Interceptor Project in Williamson County, Texas. It is our understanding that this project will require the following: 1) Project Management, Coordination, and Meetings; and 2) Cultural and Natural Resources Constraints Analysis. The cost to complete these tasks, as described in the attached scope of work, is a not-to-exceed total of$21,349.00. The cost estimate is valid for 90 days, after which time we reserve the right to create a new cost estimate. Thank you for providing us with the opportunity to work with you. After receipt of a signed contract, we will be able to start work immediately. Please contact me at(737)220-3313 or email me at svankampenlewis(a)swca.com if you have any questions regarding this proposal. Sincerely, '/J/�- Z Stephen Van Kampen-Lewis Lead Project Manager SWCABrushy Creek Regional Wastewater System Interceptor Project SCOPE OF WORK The existing Brushy Creek Interceptor from the confluence of Lake Creek and Brushy Creek to the Brushy Creek Regional East Wastewater Treatment Plant was installed in the mid-1980s and shows signs of serious degradation. Additionally, as growth and flows continue to increase, the existing Brushy Creek Interceptor lacks sufficient capacity to handle the additional flows. The Brushy Creek Regional Wastewater System Interceptor Project (project) consists of planning level evaluation and preliminary engineering to assemble and review existing data, verify environmental/cultural permitting requirements, collect additional field data, to develop recommendations for project improvements. Final design, bidding and construction phase services shall be provided as additional services by supplemental contract. PHASE 1. PROJECT MANAGEMENT, COORDINATION, AND MEETINGS SWCA plans to attend one virtual meeting for the project. SWCA assume the meeting will be up to two hours long and will be attended by up to two SWCA staff members. One SWCA staff member will also attend three internal meetings, each one hour long. SWCA's performance of multiple simultaneous natural and cultural resources services for the project provides multiple efficiencies related to project management, data management, field logistics, and quality assurance/quality control. Additionally, SWCA's project manager will actively communicate with Walker Partners and any other members of the project team in order to remain on schedule and within budget. SWCA will prepare monthly invoices and project progress reports. DELIVERABLES ■ Monthly invoices and project progress reports PHASE 2. CULTURAL AND NATURAL RESOURCES CONSTRAINTS ANALYSIS SWCA will utilize publicly available information to create a preliminary evaluation and generate a constraints analysis for cultural and natural resources, which includes a list of potential compliance actions and regulatory agencies. The constraints analysis will characterize key aquatic, biological, and cultural resources; land use; other potential restrictions; and prospective field survey needs to collect relevant data. Publicly available information for natural resources that SWCA will investigate include databases from the U.S. Geological Survey (USGS), U.S. Army Corps of Engineers (USACE), U.S. Fish and Wildlife Service (USFWS), and Texas Commission on Environmental Quality (TCEQ). The constraints analysis is intended to identify potential federal, state, and local approvals to develop the proposed project, including a matrix summarizing potential regulatory approvals, permit triggers, and estimated time frames for obtaining such approvals. SWCA will include a hazardous materials database search within the constraints analysis. An SWCA archaeologist will perform a review of records from the Texas Archeological Research Laboratory available on the Texas Historical Commission's (THC's)online Texas Archeological Sites Atlas (Atlas)online database to identify previously recorded surveys or cultural resources within 0.6 mile (1.0 km) of the project area. In addition, the Atlas review will include the following types of information: National Register of Historic Places (NRHP) properties, State Antiquities Landmarks (SALs), Official Texas Historical Markers (OTHMs), Recorded Texas Historic Landmarks (RTHLs), cemeteries, and local neighborhood surveys. SWCA will also review the Texas Department of Transportation's Texas Historic Overlay, a mapping/geographic information system (GIS) database with historic maps and resource information covering most of the state of Texas. Other critical factors that SWCA will examine include the level of previous disturbances from residential and commercial development, types of soils present, and any obvious standing structures greater than 45 years in age Page 1 1 SWCABrushy Creek Regional Wastewater System Interceptor Project that appear on USGS topographic maps. Together this information task will allow SWCA to identify any areas within the property that have the potential to contain significant, undocumented cultural resources and evaluate archaeological potential. DELIVERABLE ■ Draft and Final Cultural and Natural Resources Constraints Analysis report COST ESTIMATE AND ASSUMPTIONS Based on thoughtful consideration of the project requirements and a thorough estimate of the required labor and direct costs, SWCA proposes a time-and-materials budget not to exceed without client approval$22,997.00 to complete the project as presented in the table below. This cost estimate is valid for ninety(90) days from the date of the proposal. Table 1. Cost Estimate. Phase/Task Labor$ Expenses$ NTE Total$ Phase 1.Project Management,Coordination, $5,157.00 $ $5,157.00 and Meetings Phase 2.Cultural and Natural Resources $15,192.00 $1,000.00 $16,192.00 Constraints Analysis PROJECT TOTAL $21,349.00 ASSUMPTIONS • Phase 1 -Project Management, Coordination, and Meetings - SWCA to attend one virtual meeting up to two hours long and will be attended by up to two SWCA staff - SWCA will attend three internal meetings, each lasting one hour • Phase 2-Cultural and Natural Resources Constraints Analysis - SWCA will include a hazardous materials database search within the constraints analysis Page 1 2 Brushy Creek Regional Wastewater System(BCRWWS) FM Brushy Creek Interceptor PrO�aEt �� 1/19/2026 1111asIc Semites $21,349 Detailed Cost Breakdown-S WCA ITotal Pro eR $21,349 Bask and Special Services Employee) Total Noun Total Labor Effort Total Labor Effort Toul E.pema Total Sub Effort Total Ellprt Task Position Specialist 111 Specialist N - Specialist V Specialist VII Specialist VIII Specialist IX Speclakat X Specialist XII SME I Effort Tasks I CurrentNwnr sill nate $104 $114 $123 $147 $158 $169 $109 $226 $230 1.0 Project Management 1.120 _5 33 5,157 $ 5,157 $ - $ - S 5,157 1.2 Protect Meetings___ 1.2.1 Internal Team.-ings 52 $ $ $ $ 1.2.2 Monthly Pmgms Missing,(12L__ _��_. $ $ 2.0 Capacity Analysis,Allotaation/Reserntlon,and Hydraulic Eval 21 Review sli illo[alion r s-di—I —allocation hei _ __ $ $ $ $ 2.2 Review and update nisti h aul omodel $ $ $ $ 22.1 Determine Int—ptor dameters for two aItemaiiim _ $ - $ - $ - $ _2.3 oeveloP an6cimed ani—r.fp,Is auemxlve S $ 5 $ 2.0 Present findings at BCRWW50C Meeting _ S $ $ $ 2.5 Prepare Draft and FlnalTKhnual Memorantlum $ - $ - $ - $ - 3.0 'Inteceptor and Manhole Rehabilitation ,.a Mannas msPealon oats 3.1 Ittnniol MempaMum $ $ $ $ 4.0 Alga -,valuation 4 D e,rn nxmn.and Wooing 4.1.1 _ wren and�erew 6lsaau and esraai,h base Rles S S S S 4.1.2 Re,iew noon d,awin ane su mrideol orme,. S S $ $ 4.2 Catunl,it Natural Resp Consbaints Analysis TM 10 16 20 13 3 25 10 3 3 103 15,192 $ 15,192 $ 1,000 $ - $ 16,192 as w6,P,rxe thility En Inee,ln SUE level QLD _ $ $ $ $ 4.4 aternatme Enluation 44.1 leentl/ma 241tKnaHre Interceptor lmpmvemK4f S $ S $ 4.42 Evxuxe Trenches,lmullation MKnods $ $ $ S 4.493 Dxca IK exh ammnre S $ S S qu De ,P PKmiOmg Mx,i.for lxhaaKnstiw _ _ __ _ $ $ 445 WKkshop-a-ners,Evxuation $ $ $ $ 4A6 vrewre Dnn ane FhN1 Teduscul Memoranaam __ S $ - $ 5.0 Engineering Feasibility Study 5.A Prepare Prelimiru Isar and Profile Roil Plot for Rection—Med Alternative $ - $ - $ - $ - 5.2 Evaluate Materials of Construction S $ $ S 5.3 1-ebpmmeMatlons for T—hl—Method, S $ $ $ 5.4 OevN mmerWau—lo,1-he,SUE OAA Imefti tion $ $ $ $ 5.5 Uoci m—Fed,State,and Loral AP -.1s in Mani. $ $ $ $ 56 lseelop Implementation 5thpeule Ina.Dqo,Dud,aro caeaunon $ $ $ $ 5.7 v Class 30PCC $ S 5 S SA Prepare Draft Feaslolli SFuer with Roll Plot E.nibit $ $ $ S 5.9 Worasn -Fee,iblli Stud Review $ $ $ $ s.1D Pre xe ane Submit Fln,l Fisiniwl St S S $ 5 S $ $ S Total Basic Services Hours is 16 20 131 E3 4S 15 3 3 136 14,193 $ 20,349 $ 1,000 $ $ 21,349 1 of 2 1HBf2026 Brushy Creek Regional Wastewatef System(BCRW WS) Project Fee Summary Brushy Creek Interceptor 1/19/2026 Basic 5ervl<e. Detailed Cost Breakdown SWCA Total Project Task Expanen Other Other Ocher .t.... P,mting Hotel Database Search GPS Tablet Total Expenses Eq—.coat 5 1.05 $ 1 os j i ne a i.f .t t t]S 5 Com. 1.00000 5 40.00 1.0 Project Management Lx ProjM M—.N, 12.1 Internal Team Menings(52) Lx] Mon[hlY Progress Mee N,(12) S LO Capacity Analysis,Allocation/Reservation,and Hydraulic Eval 2.1 Renew exisfing Allocations/reservations-deveIM aaa 00-ad nModel - $ 12 Review and update existing hydraulic model - --- - - - --_--- - - - $ —__ 2.2.1 Derermine lnrcrcepror eiamete,afatw a0emgtNa $ 2.3 Developanticipated participation foreach a ft—ative - - $.. 2.4 Present findings at BCRWWS 13C Meeting $ 2.5 Prepare Draft and 1-11-1 M--- - $ 3.0 Inteceptor and Manhole Rehabilitation 3.1 Review exi It CCN ane Manhole hrspection Data $ 12 Develop D,aft and Final Technical Memorandum $ 4.0 Alternative Evaluation _ 4.1 Constraint Investigation,Determination,and Mappi% 41.1 Collect and review GIS data and—Wish base files $ 112 Review rew,d drawings and surveys provided by Damen $ 4] Cultural and Natural Resouces—traints Analysis TM 1 $ 100D 43 Subsu6ace Utility Engineering lSUFI IevN OtD $ M Alternative Ewlwtion L4.1 Identify/map 2 Alternative interceptor Impmwwwrm $ 4.4.2 Evaluate Trenchelst lnstallatio,Methods $ 4.4.3 OKfor each alternative 4A4 —.p Permitting M.,rixfor each alfe,rsadve $ 4A.5 workshop-Alternative Evaluation $ 4.4.6 Prepare Draft and Final Technclal Memorandum $ 5.0 Engineering Feasibility Study S..1 Prepare--booty nen and Profile Rdl Plot for Rttommended Alternative S S.2 Evaluate M.-W!3 Of Conn,union $ 53 Devalop,awmmendations for T—Wess MpMods $ 514 Develop rccommeneations for further SUE DIA Invesbg.,— $ 5.5 Document Fe,State,and Leal Approvals in Matrix $ L6 Develop Implementation Schedule Incl.Design,Bid,and Construction $ 5.7 Prcparc[Iass30PCf $ SISP,epare DnRF WIIty Study with Roll Plot Exhibit $ 19 Workshop-ieulWllry Stutly Resew $ S.10 Prepare and Submit Final Feav Wlity Study $ _ Total Eepeme Rema 1 Total Expenses Enen$ $ $ $ $ $ $ 5 LOW 5 5 1,000 2of 2 1/192020 APPENDIX 1.4 THE RIOS GROUP SCOPE OF SERVICES AND LABOR AND FEE SUMMARY THE BIOS GROU P December 18, 2025 Jason Bybel, PE, PMP Walker Partners 6504 Bridge Point Pkwy., Suite 200 Austin,Texas 78730 512.913.4316 ibybela.walkerpartners.com RE: Subsurface Utility Engineering BCRWWS Interceptor Round Rock,Texas Dear Mr. Bybel: The Rios Group, Inc. (TRG) is pleased to submit a revised cost proposal for Subsurface Utility Engineering (SUE) for the above-referenced project. This proposal is based on information provided via email on November 4,2025 and comments received via email on December 16,2025. Introduction TRG will perform SUE services for this project in general accordance with the recommended practices and procedures described in ASCE publication ASCE/UESI/Cl 38-22 "Standard Guideline for Investigating and Documenting Existing Utilities". SUE Quality Level definitions and data limitations are included in Exhibit C, attached to this proposal. Scope of Work Based on information provided by Walker Partners(Client),TRG has developed a proposed scope for SUE services on this project. This scope may be modified,with Client and TRG concurrence, during the performance of work if warranted by changing or unexpected field conditions. The scope of this proposal includes QLD SUE services. In general,QLD SUE services are requested within the limits of the BCRWWS Interceptor project as shown in red on Exhibit B, attached to this proposal. The limits will extend approximately 12,000 LF along the existing utility easements near Brushy Creek, City of Round Rock owned property, and public Right-of-Way and include a 100' wide corridor centered on the proposed alignment. TRG has made the following assumptions for the QLD SUE Services on this project: 575 Round Rock West Drive,Building K, Suite 400 1 Round Rock,TX 786811 Phone: 512.580.5440 Subsurface Utility Engineering I Utility Coordination BCRWWS Interceptor December 18,2025 Page 2 of 3 • TRG will perform records research and acquire available existing utility records within the project limits. This will include contacting the applicable One Call agency and associated utility owners/municipalities to request records and reviewing available utility record information obtained. • TRG will depict the following utilities based on available utility records: potable water, reclaimed water,chilled water,traffic signal cables, street lighting,TxDOT CTMS cables, natural gas/crude oil/refined product pipelines, communication duct banks, fiber optic, cable television, telephone, electric, wastewater, and storm. Additionally, TRG will attempt to depict utility service lines, however, because these lines are often not shown on records TRG cannot guarantee all service lines will be included in the final deliverables. • The following facilities/items are specifically excluded from the scope of work of this proposal: private service lines, irrigation lines, detailed vault investigations, utility designating, inverts of wastewater and storm facilities. The survey of above ground utility features is not included in this scope of work. It is assumed that the Client will provide utility appurtenance survey data and planimetric survey files for use in preparing the final deliverables. Deliverables TRG will provide the following as a final deliverable to the Client: • A utility file in CAD format depicting all SUE data documented on the project. The Client will provide TRG with any necessary background files for use in completing the final deliverables. • 11"x 17"SUE Plan Sheets depicting all SUE data documented on the project. These plans will be signed and sealed by a Professional Engineer and delivered to the Client in electronic PDF form. • A Utility Report containing metadata (e.g. scope of work, work limits, dates of performance, survey control, etc.), information about the Utility Investigation not otherwise conveyed in other project deliverables, and recommendations to address data deficiencies. Schedule TRG can begin utility records research work immediately upon receiving Notice-To-Proceed (NTP). TRG estimates that the QLC/D SUE work can be completed in thirty-four (34) working days broken down as follows: • Records Research— 10 days • QLD deliverable preparation—20 days 575 Round Rock West Drive, Building K, Suite 4001 Round Rock, TX 786811 Phone: 512.580.5440 Subsurface Utility Engineering I Utility Coordination BCRWWS Interceptor December 18,2025 Page 3 of 3 Estimated Fee The total estimated cost to complete the work described herein is Eight Thousand Eight Hundred Thirty-Two Dollars and 48/100 ($8,832.48). An itemized breakdown of cost is provided in Exhibit A. Please note that these pricings are based on estimated quantities, and that only actual quantities will be invoiced—up to the total Contract amount. We look forward to working with you on this project. If there are any questions, please do not hesitate to call at 512.580.5440. Respectfully, The Rios Group,Inc. Derik Melton Project Manager 575 Round Rock West Drive,Building K, Suite 4001 Round Rock, TX 78681 Phone: 512.580.5440 Subsurface Utility Engineering I Utility Coordination oetEstimate for Subsurface Utility Engineering THE RI(7SGROUP BCRWWS Interceptor EXHIBIT A Round Rock, Texas Hourly Office Labor Rate Assumed Unit of Sub-Total Quantity Measure Supervisory Engineer $ 208.60 2 HR $ 417.20 Senior SUE Project Manager $ 202.92 4 HR $ 811.68 SUE Project Manager $ 166.97 8 HR $ 1,335.76 Professional Engineer $ 179.49 HR $ - Assistant Project Manager $ 117.06 12 HR $ 1,404.72 Engineer in Training $ 119.94 HR $ - CADD Technician $ 84.44 48 HR $ 4,053.12 Senior CADD Technician $ 106.98 HR $ - Engineering Technician $ 67.50 12 HR $ 810.00 Field Manager $ 131.41 HR $ - Administrative Specialist $ 77.30 HR $ - Total Estimated Cost $ 8,832.48 575 Round Rock West Drive, Building K, Suite 4001 Round Rock, TX 78681 Phone: 512.580.5440 Subsurface Utility Engineering I Utility Coordination oe THE RIGS GROUP EXHIBIT C DEFINITIONS & DATA LIMITATIONS Subsurface Utility Enaineerin (SUE) Quality Level Definitions The Rios Group (TRG) performs SUE services in general accordance with the recommended practices and procedures described in ASCE publication ASCE/UESI/CI 38-22 "Standard Guideline for Investigating and Documenting Existing Utilities". The core aspect of this standard is affixing a professionally judged value (a Utility Quality Level) to buried and hidden Utility Segments and Utility Features that identify the reliability and nonquantifiable locational uncertainty of documented Utility infrastructure data. The four quality levels, as defined in the standard,are: • Utility Quality Level D(QLD)—A value assigned to a Utility Segment or Utility Feature not visible at the ground surface whose estimated position is judged through Utility records, information from others, or from visual clues such as pavement cuts,obvious trenches, or existence of service. A QLD data attribute is assigned to a Utility Segment or Utility Feature after review and compilation of existing records,oral recollections,One-Call or"private-locate" markings, managed data repositories, context with other achieved Utility Quality Levels,and/or other evidence of existence. QLD data is more uncertain than QLC, QLB,and QLA. QLD data is less uncertain than utilities documented without any Utility Quality Level barring a Professional's statement of fact to the contrary. • Utility Quality Level C (QLC)—A value assigned to a Utility Segment not visible at the ground surface whose estimated position is judged through correlating Utility records or similar evidence to Utility Features, visible aboveground and/or underground. The Utility Anchor Point on the Utility Features shall be tied to the Project Survey Datum with an accuracy of 0.2 ft(60 mm)horizontal. A QLC value judgement is assigned to a Utility Segment by using visible Utility Features to approximate the position of a Utility Segment between or in proximity to the visible Utility Features and in context with other achieved Utility Quality Levels. QLC only pertains to the underground Utility Segment(s), not the Utility Feature(s). QLC data is more certain than QLD and is more uncertain than QLB and QLA • Utility Quality Level B (QLB) — A value assigned to a Utility Segment or Subsurface Utility Feature whose existence and horizontal position is based on Geophysical Methods combined with professional judgement and whose location is tied to the Project Survey Datum. Subsurface Utility Engineering I Utility Coordination Page 2 of 5 A QLB value is assigned to a Utility Segment when the following conditions are met: (1) the Utility Segment was detected through the application of appropriate Geophysical Methods; (2)the geophysical signal was judged to be reliable. (3)the interpreted position was judged based on knowledge and use of geophysical science, Utility design and installation practices,available records, visual features, and influence of site conditions;and(4)the source Designation has been tied to the Project Survey Datum with an accuracy of 0.2 ft (60mm) horizontally. QLB is more uncertain than QLA and more certain than QLC or QLD. • Utility Quality Level A(QLA)—A value assigned to that portion(x-,y-,and z-geometry) of a Utility Segment or subsurface Utility Feature that is directly exposed and measured and whose location and dimensions are tied to the Project Survey Datum. The Utility Segment or subsurface Utility Feature shall be tied to Project Survey Datum with an accuracy of 0.1 ft(30 mm) vertical and to 0.2 ft(60 mm) horizontal for measurements of the outside limits of the Utility Feature or Utility Segment that is exposed. Other measurable, observable, and judged Utility Attributes are also recorded. If obtained by means of a Test Hole observation, a verification effort is made, and professional judgement is used to assert that the exposed infrastructure is indeed the sought target. The assignment of QLA conveys the lowest level of relative (nonquantifiable) uncertainty of measurable and judged Attributes and locations. QLA is more certain than QLB, QLC,or QLD. Acronyms and Special Definitions 3D three-dimensional CAD Computer-Aided Design EOI End of Information GIS geographic information system GPR ground penetrating radar ROE Right of Entry ROW Right of Way SAF Surface Adjustment Factor Anchor Point: A defined point on a Utility Feature or a Utility Segment. (ASCE 38-22) Attribute: A defined characteristic of a Utility Feature,Utility Segment, or of a singular point on a Utility Feature or Utility Segment. (ASCE 38-22) Deliverable: The sealed results from a Subsurface Utility Engineering investigation that typically includes a Utility Report, Utility Drawings, and other relevant Utility data for inclusion in digital or paper formats,and/or within databases and/or three-dimensional models. (ASCE 38-22) Designating: The application and interpretation of shallow earth Geophysical Methods to infer (with or without surface markings) the existence and the approximate horizontal position and, Subsurface Utility Engineering I Utility Coordination Page 3 of 5 when possible and part of the Scope of Work,Depth of a subsurface Utility Segment and/or Utility Feature. (ASCE 38-22) Electronic Depth (ED): Depth obtained by electromagnetic receiver that has a varying level of accuracy based on many factors including soil conditions,connection type,overhead interference, etc. ED reports to the center of the induced magnetic field. Encasement: A structure that encloses and protects utility facilities and surrounding infrastructure,environment, and the public. E.G. Concrete cap, casing pipe,tile,ducts,tunnel. Geophysical Method: Application of an established shallow-earth Geophysical Method(such as seismic,acoustic,gravitational,magnetic,electrical, and electromagnetic)to observe the physical response of the subsurface Utility infrastructure and cultural features, as well as anomalies within those responses. (ASCE 38-22) Locating: The process of exposing and verifying a Utility for purposes of determining its function, type, position, outside dimensions, and other observable Attributes at its exposed points. (ASCE 38-22) Low Wire Sag: Lowest elevation on the lowest wire at a crossing overhead utility. Overhead attachment point: Elevation where overhead line is attached to above ground structure such as a pole. Subsurface Utility Engineering (SUE): The specialty practice of civil engineering's Utility Engineering branch that includes the investigation, analysis, judgment, and documentation of existing Utility networks. (ASCE 38-22) Test Hole: A small, limited excavation, made to determine, measure, and record data about a buried Utility Segment or Utility Feature. (ASCE 38-22) Utility: A privately,publicly, or cooperatively owned pipeline,cable(s), and/or conduits,facility, or system for producing, transmitting, or distributing communications, traffic control cables and structures, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater, or any other similar commodity, including any fire or police signal system or street lighting system. The term Utility shall also mean the Utility owner/operator inclusive of any wholly owned or controlled subsidiary. (ASCE 38-22) Utility Feature: A physical component of a Utility. Examples include valves,hydrants,reducers, switches,thrust blocks,vaults, and transformers. (ASCE 38-22) Utility Investigation: Any or all of a variety of office and field activities undertaken to understand and document the existence of, location, and Attributes of existing Utility facilities within the project limits. (ASCE 38-22) Subsurface Utility Engineering I Utility Coordination Page 4 of 5 Utility Quality Level: The value,assigned by the Professional,of a Utility Segment or subsurface Utility Feature that identifies the relative (nonquantifiable) uncertainty of a Utility Segment's or subsurface Utility Feature's existence and actual location to that of its documented location. (ASCE 38-22) Utility Report: A report or sufficient notes contained within a Utility Drawing, sealed by a Professional,that(1)contains information about the Utility Investigation that might otherwise not be conveyed, (2) assists the end user in understanding the subsurface Utility landscape and risks, (3) provides recommendations to address data deficiencies, and (4) complements the Utility Drawing Deliverables. (ASCE 38-22) Utility Segment: A continuous portion of a Utility for which the Utility Quality Level is constant, and the Attributes,other than Depth,are substantially identical. (ASCE 38-22) Vault: A concrete box underground that is used for utility purpose. General Data Limitations SUE services are performed in accordance with ASCE/UESI/CI 38-22 guideline, generally accepted engineering principles and practices at the time of service. However, a possibility exists that abandoned, forgotten, non-detectable, undocumented, or newly installed utilities may not get mapped using standard records research and surface geophysical survey procedures. While the ASCE 38-22 standard guidelines mitigate these issues, utilities possessing characteristics mentioned below can be missed while following standard Utility Designating and Locating procedures: 1. Utilities lacking apparent available records and without apparent surface features. 2. Utilities with record information which is illegible, misleading,or incomplete. 3. Utilities which are inaccurately reported or inaccurately represented by the utility owner as being a significant distance from the true position. 4. Abandoned utilities without apparent surface features. 5. Utilities buried excessively deep,beyond detection limits of standard utility designating equipment. 6.Non-conductive utilities buried in clay soil without apparent surface features. 7.Non-conductive lines buried away from the tracer wire(e.g., HDPE Gas) 8. Facilities installed after the SUE effort has been completed. A common problem occurs when the project involves facility owners and operators with insufficient records and non-conductive buried facilities(a situation often encountered with public works installations), infrastructure for oil and natural gas wells installed prior to 1960, and irrigation systems that utilize non-conductive water mains. Facilities mapped under these circumstances are often depicted as QLD during the utility designating field effort to keep operations and budgets at a practical level. As the design project progresses, some depicted facilities may have to be upgraded to a higher quality level through more advanced geophysical prospecting and utility locating methods to properly identify and assess utility conflicts for design and construction. Subsurface Utility Engineering( Utility Coordination Page 5 of 5 Designers, utility coordinators, and contractors must realize the Cl/ASCE 38-22 utility mapping effort is an iterative acquisition and interpretation process. Unless subsequent endeavors are made to upgrade designated quality levels,facilities depicted at lower quality levels, such as QLD, may be completely in error. In addition, depicted facilities and corresponding data are pertinent at the time in which field investigation operations are completed and are subject to change. Final utility plans and data are for design purposes only and reflect utility conditions at the time surveyed. The SUE consultant cannot be held responsible for utility scenario changing after completion of field operations. Users of this data set must understand and adhere to the limitations associated with the designated quality levels assigned to the depicted facilities. QLC and QLD depictions are based on interpolations,extrapolations,and available record data;this data can be erroneous and should not be used alone for design development and bidding purposes. Additional utility designating and locating field efforts to upgrade data to QLB and QLA are strongly recommended for areas where accurate final design and construction planning and bidding is required. It is strongly recommended that users of this data, especially project engineers-of-record, become familiar with the ASCE 38-22 standard guidelines and the corresponding data limitations inferred by the designated quality levels prior to employing the data set for design purposes. In addition, a utility report should always accompany the existing utility CADD file to ensure proper interpretation and usage of the data set. Any questions regarding the SUE data or utility report should be directed to the SUE professional engineer-of-record. Subsurface Utility Engineering I Utility Coordination Brushy Creek Regional Wartewater System(BCRWWS) Project Fee Summary Brushy Creet Interceptor 1/1 512 0 2 6 Basic Services $8,833 Detailed Cost Breakcbwn-The Rios Group Total Project $8,833 Basic and Special Services Employee - Supervise Sr SUE Pro ect SUE Pro ect Total Hours Total labor Effort Total labor Effort Total Expense Total Sub Effort Total Effort sk volition Engineer Manager Manager Fr- Assistant PM CAD Tech Ertyineerinp Tech Effort Tasks I Current n�,��.,r n�ne $208.60 $20292 $166.97 5117.06 $84.44 $67.50 1.0 Project Management 1.1 Project Admnstranon 1.2 Pro ect Meetings 1.2.1 Internal Team Meetings(52) 5 _ $ 1.2.2 Monthly Progress Meetings(12) $ $ - S - $ 2.0 Capacity Analysis,Allocation/Reservation,and Hydraulic Eval 2.1 Review existing allocations/reservations-develop cog allocation Model _ _ $ $ $ $ _ 2.2 Review and update existing hydraulic model $ - $ - $ - $ 2.2.1 Determine Interceptor diameters for two alternatives $ $ $ $ 2.3 Develop anticipated participation for each alternative $ $ $ $ 2.4 Present findings at BCRWWS OC Meeting $ $ - $ 2.5 Prepare Draft and Final Techncial Memorandum $ $ $ $ 3.0 Inteceptor and Manhole Rehabilitation 3.1 - Review existing CCN and Manhole Inspection Data __ _ _ _ $ $ $ $ 3.2 Develo Drah and :=hole Memorandum $ - $ - $ $ - 4.0 Alternative Evaluation 4.1 Constraint Investigation,Determination,and Mapping 4.1.1 Collect and review GIS data and establish base files $ $ $ $ 4.1.2 Review record drawings and survey,provided by Owner. $ 5 $ $ 4.2 Cultural and Natural Resouces Constraints Analysis TM 2 4 8 12 48 12 _ 86 81833 $ 8,833 $ $ $ 8,833 4.3 Subsurface Utility Engineering SUE level QLD $ $ $ $ 4.4 Alternative Evaluation 4.4.1 Identity/map 2 Alternative Interceptor Improvements $ $ $ $ 4.4.2 Evaluate Trenchelss Installation Methods $ $ $ $ 1.4.3 OPCCs for each alternative $ $ $ $ Develop Permitting Matrix for each alternative _ _ _ $ $ $ $ Workshop-Alternative Evaluation $ $ $ $ 4.4.6 Prepare Draft and Final Technical Memorandum $ $ $ $ 5.0 Engineering Feasibility Study 5..1 Prepare Preliminary Plan and Prole Roll Plot for Recommended Alternative $ $ - $ $ - 5.2 Evaluate Materials of Construction $ $ $ $ 5.3 Develop recommendations for Trenchless Methods $ $ $ $ 5.4 Develop recommendations for further SUE QIA Investigation $ $ $ $ 5.5 Document Fed,State,and local Approvals in Matrix $ $ $ $ 5.6 Develop Implementation Schedule Incl.Design,Bid,and Construction $ $ $ $ - 5.7 Prepare Class 3 OPCC $ $ $ $ 5.8 Prepare Draft Feasibility Study with Roll Plod Exhibit $ - $ - $ - $ 5.9 Workshop-Feasibility Study Review _ _ $ $ $ $ 5.10 Prepare and Submit Final Feasibility Study $ - $ - $ - $ - $ $ $ $ Total Basic Services Hours 2 4 8 12 48 12 86 6,268 $ $An $ - $ Is 8A. 1 of 2 11190028 Brushy Creek Regional Wastewater System(BCRW WS) Brushy Creek Interceptor Project Fee Summary 1/19/2026 Basic Services Detailed Cost Breakdown-The Rios Group Total Project ;eat s Task Expenses other Other Other Meals Hotel Other Total Expenses Expense cost $ -...s $ 1.05 $ 1.05 $ 1.05 $ 1.05 $ 1.05 1.0 Project Management 1.1 Project Administration $ 1.2 Project Meetings 1.2.1 Internal Team Mee[ings 152) $ - 1.2.2 Monthly Progress Meetings(12) $ 2.0 Capacity Analysis,Allocation/Reservation,and Hydraulic Eval 2.1 Review existing allocations/reservations-developcost allocation Model $ 2.2 Review and update existing hydraulic model $ 2.2.1 Determine Interceptor diameters for two alternatives $ 2.3 Develop anticipated participation for each alternative $ - 2.4 Present findings at BCRWWS OC Meeting $ - 2.5 Prepare Draft and Final Techncial Memorandum $ - 3.0 Inteceptor and Manhole Rehabilitation_ 3.1 Review existing CCN and Manhole Inspection Data $ - 3.2 Develop Draft and Final Technical Memorandum $ 4.0 Alternative Evaluation 4.1 Constraint Investigation,Determination,and Mapping 4.1.1 Collect and review GIs data and establish base files $ 4.1.2 Review record drawings and surveys provided by Owner. $ 4.2 Cultural and Natural Resouces Constraints Analysis TM $ - 43 Subsurface Utility Engineering(SUE)Level QLD $ 4.4 Altemative Evaluation 4.4.1 Identify/map 2 Alternative Interceptor Improvements $ 4.4.2 Evaluate Trenchelss Installation Methods S 4.4.3 OPCCs for each alternative $ 4.4.4 Develop Permitting Matrix for each alternative _ $ - 4.4.5 Workshop-Alternative Evaluation $ 4.4.6 Prepare Draft and Final Techndal Memorandum $ 5.0 Engineering Feasibility Study U pare Preliminary Plan and Profile Roll Plot for Recommended AlternativeluateMaterialsfConstruction $ elop recommendations for Trenchless Methods $ elop recommendations for further SUE QLA Investigation $ cument Fed,State,and Local Approvals in Matrix $ velop Implementation Schedule Ind.Design,Bid,and Construction $ pare Class 3 OPCC $ pare Draft Feasibility Study with Roll Plot Exhibit $ rkshop-Feasibility studyReview $ pare and Submit Final Feasibility Study $ 5 Total Expense items - - - - - - Total Expenses Effort $ S $ $ $ $ $ 2of2 7/192028 EXHIBIT E Certificates of Insurance Attached Behind This Page ACC)R" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 3/5/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Monica Veazey Acrisure Texas Risk Advisors& Insurance Services, LLC NAME:PHONE FAX 5057 Keller Springs Rd. Suite 200 tA/C.Nu.Ezti:254-679-5250 (AIC,No): Addison TX 75001 nooRte : mveazey@acrisure.com INSURE S AFFORDING COVERAGE NAIC K INSURER A:Cincinnati Casualty Company 28665 INSURED WALKPAR-01 INSURER B:Texas Mutual Insurance Company 22945 Walker Partners, LLC 823 Washington Ave, Ste 100 INSURER C:Beazley Insurance Company Inc. 37540 Waco, TX 76701-1252 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:348734656 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD� LIMITS A X COMMERCIAL GENERAL LIABILITY EPP0266941 7/30/2025 7/30/2026 EACHOCCURRENCE $1,000,000 CLAIMS-MADE �OCCUR RENTED PREMISES Ea occurrence $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JE �LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY EBA 0266941 7/30/2025 7/30/2026 BINED SINGLE LIMIT $1,000,000 Coo accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED Ix NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ A X UMBRELLA LIAB X OCCUR EPP 0266941 7/30/2025 7/30/2026 EACH OCCURRENCE $5,000,000 HEXCESS LIAB CLAIMS-MADE AGGREGATE $ IDED I X RETENTION$n $ B WORKERS COMPENSATION 0001226901 7/30/2025 7/30/2026 X I PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUE MN N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Prof/Poll Liab C11 CD0251501 7/30/2025 7/30/2026 POLL Each ClaindAgg 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) -Additional Insured endorsement for General Liability,Auto Liability,&Umbrella Liability attached. -Waiver of Subrogation endorsement for General Liability,Auto Liability,Workers'Compensation,&Umbrella Liability attached. -30 Day Notice of Cancellation endorsement for General Liability,Auto Liability,Umbrella Liability&Workers'Compensation attached. -Notice of Cancellation endorsement for Professional Liability available upon request. -Primary&Non-Contributory endorsement for General Liability,Auto Liability,&Umbrella Liability attached. Professional Liability-Claims Made-Retroactive Date:07/30/2004-See attached endorsement for Separate Retractive Date For Increase Limits BCRWS-Interceptor Capacity Improvement from Lake Creek to East Plant:Feasibility Study CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS. 221 E Main St Round Rock TX 78664 AUTHORIZED REPRESENTATIVE USA y Irwin ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or cluded in the "products-completed Contractors - Automatic Status For Other operations hazard", but only if: Parties When Required In Written Contract Or Agreement With You (1) The Coverage Part to which this endorsement is attached pro- 1. Section II - Who Is An Insured is vides coverage for "bodily injury" amended to include as an additional in- or "property damage" included sured any person or organization you within the "products-completed have agreed in writing in a contract or operations hazard"; and agreement to add as an additional in- sured on this Coverage Part. Such per- (2) The written contract or written son(s) or organization(s) is an additional agreement requires you to pro- insured only with respect to liability for: vide additional insured coverage included within the "products- a. "Bodily injury", "property damage" or completed operations hazard" "personal and advertising injury" for that person or organization. caused, in whole or in part, by the performance of your ongoing opera- If the written contract or written tions by you or on your behalf, under agreement requires you to provide that written contract or written additional insured coverage included agreement. Ongoing operations does within the "products-completed oper- not apply to "bodily injury" or "proper- ations hazard' for a specified length ty damage" occurring after: of time for that person or organiza- tion, the "bodily injury" or "property (1) All work, including materials, damage" must occur prior to the ex- parts or equipment furnished in piration of that period of time in order connection with such work, on for this insurance to apply. the project (other than service, maintenance or repairs) to be If the written contract or written performed by or on behalf of the agreement requires you to provide additional insured(s) at the loca- additional insured coverage for a tion of the covered operations person or organization per only ISO has been completed; or additional insured endorsement form number CG 20 10, without specifying (2) That portion of'your work"out of an edition date, and without specifi- which the injury or damage aris- cally requiring additional insured es has been put to its intended coverage included within the "prod- use by any person or organiza- ucts-completed operations hazard', tion other than another contrac- this Paragraph b. does not apply to for or subcontractor engaged in that person or organization. performing operations for a prin- cipal as a part of the same pro- 2. If the written contract or written agree- ject; and ment described in Paragraph 1. above specifically requires you to provide addi- b. "Bodily injury" or "property damage" tional insured coverage to that person or caused, in whole or in part, by 'your organization: work" performed under that written contract or written agreement and in- a. Arising out of your ongoing opera- tions or arising out of"your work"; or Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 1 of 3 b. By way of an edition of an ISO addi- 2. With respect to the insurance afforded to tional insured endorsement that in- the additional insureds described in Para- cludes arising out of your ongoing graph 13.1., the following additional exclu- operations or arising out of "your sions apply: work"; This insurance does not apply to: then the phrase caused, in whole or in part, by in Paragraph A.1.a. and/or Para- a. "Bodily injury", "property damage" or graph A.1.b. above, whichever applies, is "personal and advertising injury" aris- replaced by the phrase arising out of ing out of operations performed for the federal government, state or mu- 3. With respect to the insurance afforded to nicipality; or the additional insureds described in Para- graph A.1., the following additional exclu- b. "Bodily injury" or "property damage" sion applies: included within the "products- completed operations hazard." This insurance does not apply to "bodily injury", "property damage" or "personal C. The insurance afforded to additional insureds and advertising injury" arising out of the described in Paragraphs A. and B.: rendering of, or the failure to render, any 1. Only applies to the extent permitted by professional architectural, engineering or law; and surveying services, including: a2. Will not be broader than that which you . The preparing, approving or failing to are required by the written contract, writ- prepare or approve, maps, shop ten agreement, written permit or written drawings, opinions, reports, surveys, authorization to provide for such addition- field orders, change orders or draw- al insured; and ings and specifications; or b , architectural 3• Does not apply to any person, organiza- . Supervisory, ins p ry. ection p tion, state, governmental agency or sub- or engineering activities. division or political subdivision specifically This exclusion applies even if the claims named as an additional insured for the against any insured allege negligence or same project in the schedule of an en- other wrongdoing in the supervision, hir- dorsement added to this Coverage Part. ing, employment, training or monitoring of D. With respect to the insurance afforded to the others by that insured, if the "occurrence" additional insureds described in Paragraphs which caused the "bodily injury" or "prop- A. and B., the following is added to Section III erty damage", or the offense which - Limits Of Insurance: caused the "personal and advertising inju- ry", involved the rendering of, or the fail- The most we will pay on behalf of the addi- ure to render, any professional architec- tional insured is the amount of insurance: tural, engineering or surveying services. 1. Required by the written contract, written 4. This Paragraph A. does not apply to addi- agreement, written permit or written au- tional insureds described in Paragraph B. thorization described in Paragraphs A. and B. For the purpose of determining the B. Additional Insured - State Or Governmental required amount of insurance only, we will Agency Or Subdivision Or Political Subdi- include the minimum amount of any Um- vision - Automatic Status When Required brella Liability or Excess Liability cover- In Written Permits Or Authorizations age required for that additional insured in 1. Section II - Who Is An Insured is that written contract, written agreement, amended to include as an additional in- written permit or written authorization; or sured any state or governmental agency 2, Available under the applicable limits of in- or subdivision or political subdivision you surance; have agreed in writing in a permit or au- thorization to add as an additional insured whichever is less. on this Coverage Part. Such state or gov- ernmental agency or subdivision or politi- This endorsement shall not increase the appli- cal subdivision is an additional insured cable limits of insurance. only with respect to operations performed E. Section IV - Commercial General Liability by you or on your behalf for which the Conditions is amended to add the following: state or governmental agency or subdivi- sion or political subdivision has issued, in Automatic Additional Insured Provision writing, a permit or authorization. Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 2 of 3 This insurance applies only if the "bodily inju- scribed in Paragraph A. or B. that this in- ry" or "property damage" occurs, or the "per- surance would be primary to any other in- sonal and advertising injury" offense is com- surance available to the additional in- mitted: sured. 1. During the policy period; and As used in this endorsement, wrap-up insur- ance means a centralized insurance program 2. Subsequent to your execution of the writ- under which one party has secured either in- ten contract or written agreement, or the surance or self-insurance covering some or all issuance of a written permit or written au- of the contractors or subcontractors perform- thorization, described in Paragraphs A. ing work on one or more specific project(s). and B. F. Except when G. below applies, the following is Primary And Noncontributory Insurance When Required By Written Contract, added to Section IV - Commercial General Agreement, Permit Or Authorization Liability Conditions, Other Insurance, and supersedes any provision to the contrary: Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- When Other Additional Insured Coverage sured, this insurance is primary to and will not Applies On An Excess Basis seek contribution from any other insurance This insurance is primary to other insurance available to the additional insured described in available to the additional insured described in Paragraphs A. and B. provided that: Paragraphs A. and B. except: 1. The additional insured is a Named In- 1. As otherwise provided in Section IV - sured under such other insurance; and Commercial General Liability Condi- 2. You have agreed in writing in a contract, tions, Other Insurance, b. Excess In- agreement, permit or authorization de- surance; or scribed in Paragraph A. or B. that this in- s. For any other valid and collectible insur- surance would be primary and would not ance available to the additional insured as seek contribution from any other insur- an additional insured on another insur- ance available to the additional insured. ance policy that is written on an excess As used in this endorsement, wrap-up insur- basis. In such case, this insurance is also ance means a centralized insurance program excess. under which one party has secured either in- G. The following is added to Section IV - Com- surance or self-insurance covering some or all mercial General Liability Conditions, Other of the contractors or subcontractors perform- Insurance, and supersedes any provision to ing work on one or more specific project(s). the contrary: H. Section IV - Commercial General Liability Primary Insurance When Required By Writ- Conditions, Transfer Of Rights Of Recov- ten Contract, Agreement, Permit Or Au- ery Against Others To Us is amended by the thorization addition of the following: Except when wrap-up insurance applies to the Waiver of Subrogation claim or "suit" on behalf of the additional in- We waive any right of recovery against any sured, this insurance is primary to any other additional insured under this endorsement, insurance available to the additional insured because of any payment we make under this described in Paragraphs A. and B. provided endorsement, to whom the insured has that: waived its right of recovery in a written con- t. The additional insured is a Named In- tract, written agreement, written permit or writ- sured under such other insurance: and ten authorization. Such waiver by us applies only to the extent that the insured has waived 2. You have agreed in writing in a contract, its right of recovery against such additional in- agreement, permit or authorization de- sured prior to loss. Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT - TEXAS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage.......................................................................................2 2. Unintentional Failure To Disclose Hazards..........................................................................10 3. Damage To Premises Rented To You................................................................................... 10 4. Supplementary Payments...................................................................................................... 11 S. Medical Payments................................................................................................................... 11 6. 180 Day Coverage For Newly Formed Or Acquired Organizations ................................... 11 7. Waiver Of Subrogation........................................................................................................... 11 8. Automatic Additional Insured -Specified Relationships: .................................................. 11 (a) Managers Or Lessors Of Premises (b) Lessor Of Leased Equipment (c) Vendors (d) State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises (e) Mortgagee,Assignee Or Receiver 9. Property Damage To Borrowed Equipment......................................................................... 15 10. Employees As Insureds - Specified Health Care Services And Good Samaritan Services................................................................................................................................... 15 11. Broadened Notice Of Occurrence.........................................................................................16 12. Nonowned Aircraft.................................................................................................................. 16 13. Bodily Injury Redefined..........................................................................................................16 14. Expected Or Intended Injury Redefined ...............................................................................16 15. Former Employees As Insureds............................................................................................ 16 16. Voluntary Property Damage Coverage and Care, Custody Or Control Liability Coverage.................................................................................................................................. 16 17. Broadened Contractual Liability-Work Within 50' Of Railroad Property.........................18 18. Alienated Premises................................................................................................................. 18 B. Limits Of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage To Premises Rented To You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail Bonds: $2,500 b. Loss Of Earnings: $ 500 Includes copyrighted material of Insurance GA 233 TX 06 23 Services Office, Inc., with its permission. Page 1 of 18 (d) "Property damage" to: bonds required because of accidents or traffic law violations arising out of (i) Plumbing, heating, air condi- the use of any vehicle to which the tioning, fire protection sys- Bodily Injury Liability Coverage ap- tems, or other equipment or plies. We do not have to furnish these appliances; or bonds. (ii) The interior of any building b. Paragraph 1.d. is replaced by the fol- or structure, or to personal lowing: property in the building or structure, caused by or re- All reasonable expenses incurred by sulting from rain, snow, sleet the insured at our request to assist us or ice, whether driven by in the investigation or defense of the wind or not. claim or"suit', including actual loss of earnings up to the limit shown in Sec- c. Limit Of Insurance tion B. Limits Of Insurance, 4.b. Loss With respect to the insurance afford- Of Earnings of this endorsement per ed in Paragraphs 3.a. and 3.b.above, day because of time off from work. the Damage To Premises Rented To S. Medical Payments You Limit as shown in the Declara- tions is amended as follows: The Medical Expense Limit of Any One Person as shown in the Declarations is (1) Paragraph 6. of Section III - Lim- amended to the limit shown in Section B. its Of Insurance is replaced by Limits Of Insurance, S. Medical Payments the following: of this endorsement. 6. Subject to Paragraph S. 6. 180 Day Coverage For Newly Formed above, the Damage To Or Acquired Organizations Premises Rented To You Limit is the most we will pay Section II - Who Is An Insured is under Coverage A - Bodily amended as follows: Injury And Property Damage Liability for damages be- Subparagraph a. of Paragraph 3. is re- cause of "property damage" placed by the following: to any one premises: a. Coverage under this provision is af- a. While rented to you, or forded only until the 180th day after temporarily occupied by you acquire or form the organization you with permission of or the end of the policy period, the owner; whichever is earlier; b. In the case of damage 7. Waiver Of Subrogation by fire, explosion, light- Section IV- Commercial General Liabil- ning, smoke or soot, ity Conditions, 8. Transfer Of Rights Of while rented to you; or Recovery Against Others To Us is c. In the case of damage amended by the addition of the following: by water, while rented We waive any right of recovery against to and occupied by you. any additional insured under this en- (2) The most we will pay is limited as dorsement, because of any payment we described in Section B. Limits Of make under this endorsement, to whom Insurance, 3. Damage To Prem- the insured has waived its right of recov- ises Rented To You of this en- ery in a written contract, written agree- dorsement. ment, written permit or written authoriza- tion. Such waiver by us applies only to 4. Supplementary Payments the extent that the insured has waived its right of recovery against such additional Under Section I - Supplementary Pay- insured prior to loss. ments- Coverages A and B: a. Paragraph 1.b. is replaced by the fol- 8. Automatic Additional Insured - Speci- lowing: fied Relationships Up to the limit shown in Section B. a. The following is added to Section II - Limits Of Insurance, 4.a. Bail Bonds Who Is An Insured: of this endorsement for cost of bail Includes copyrighted material of Insurance GA 233 TX 06 23 Services Office, Inc., with its permission. Page 11 of 18 (1) Any person(s) or organization(s) damage" or "personal and described in Paragraph 8.a.(2) of advertising injury" caused, in this endorsement (hereinafter re- whole or in part, by your ferred to as additional insured) maintenance, operation or whom you are required to add as use of equipment leased to an additional insured under this you by such person(s) or or- Coverage Part by reason of a ganization(s). A person's or written contract, written agree- organization's status as an ment, written permit or written additional insured under this authorization. endorsement ends when (2) Only the following persons or or- their contract or agreement ganizations are additional in- with you for such leased sureds under this endorsement, equipment ends. However, and insurance coverage provided this insurance does not ap- to such additional insureds is lim- ply to any "occurrence" which takes place after the ited as provided herein: equipment lease expires. (a) Managers Or Lessors Of (c) Vendors Premises The manager or lessor of a Any person or organization premises leased to you you (referred to below as ven- are required per Paragraph dor) you are required per 8.a.(1) of this endorsement Paragraph 8.a.(1) of this en- to provide insurance, but on- dorsement to provide insur- ly with respect to liability for ance, but only with respect "bodily injury", "property to liability for "bodily injury" damage" or "personal and or"property damage" arising advertising injury" caused, in out of "your products" which whole or in part, by you or are distributed or sold in the those acting on your behalf regular course of the ven- dor's business, subject to in connection with the own- the following additional ex- ership, maintenance or use clusions: of that part of the premises leased to you, subject to the (i) The insurance afforded following additional exclu- the vendor does not sions: apply to: This insurance does not ap- 1) "Bodily injury" or ply to: "property damage" (i) Any "occurrence" which for which the ven- dortakes place after you is obligated to cease to be a tenant in pay damages that premises; reason of the as- sumption of liability (ii) Structural alterations, in a contract or new construction or agreement. This demolition operations exclusion does not performed by or on be- apply to liability for half of such additional damages that the insured. vendor would have in the absence of (b) Lessor Of Leased Equip- the contract or ment agreement; Any person(s) or organiza- 2) Any express war- tion(s) from whom you lease ranty unauthorized equipment you are required by you; per Paragraph 8.a.(1) of this endorsement to provide in- 3) Any physical or surance. Such person(s) or chemical change in organization(s) are insureds the product made only with respect to liability intentionally by the for "bodily injury", "property vendor; Includes copyrighted material of Insurance GA 233 TX 06 23 Services Office, Inc., with its permission. Page 12 of 18 4) Repackaging, ex- (c)(i)4) or 6) of cept when un- this endorse- packed solely for ment; or the purpose of in- spection, demon- b) Such inspec- stration, testing, or tions, adjust- or the substitution of m tests parts under in- servicing as the vendor has structions from the manufacturer, and agreed to then repackaged in make or nor- the original con- malty under- the takes to make in the usual 5) Any failure to make course of such inspections, business, in adjustments, tests connection or servicing as the with the distri- vendor has agreed bution or sale to make or normal- of the prod- ly undertakes to ucts. make in the usual course of busi- (ii) This insurance does not nous, in connection apply to any insured with the distribution person or organization: or sale of the 1) From whom you products; have acquired 6) Demonstration, in- such products, or stallation, servicing any ingredient, part or repair opera- or container, enter- tions, except such ing into, accompa- operations per- nying or containing formed at the ven- such products; or dor's premises in 2) When liability in- connection with the cluded within the sale of the product; "products- 7) Products which, af- completed opera- ter distribution or tions hazard" has sale by you, have been excluded un- been labeled or re- der this Coverage labeled or used as Part with respect to a container, part or such products. ingredient of any (d) State Or Governmental other thing or sub- Agency Or Subdivision Or stance by or for the Political Subdivision - vendor; or Permits Or Authorizations 8) "Bodily injury" or Relating To Premises "property damage" Any state or governmental arising out of the agency or subdivision or po- sole negligence of litical subdivision you are the vendor for its required per Paragraph own acts or omis- 8.a.(1) of this endorsement sions or those of to provide insurance, subject its employees or to the following additional anyone else acting provision: on its behalf. How- ever, this exclusion This insurance applies only does not apply to: with respect to the following hazards for which the state a) The excep- or governmental agency or tions contained subdivision or political sub- in Paragraphs Includes copyrighted material of Insurance GA 233 TX 06 23 Services Office, Inc., with its permission. Page 13 of 18 division has issued a permit state, governmental agency or authorization in connec- or subdivision or political tion with premises you own, subdivision, specifically rent or control and to which named as an additional in- this insurance applies: sured under any other provi- (i) The existence, mainte- sion of, or endorsement added to, this Coverage Hance, repair, construc- Part, provided such other tion, erection or removal provision or endorsement of advertising signs, covers the injury or damage awnings, canopies, cel- for which this insurance ap- lar entrances, coal plies. holes, driveways, man- holes, marquees, hoist b. With respect to the insurance afford- away openings, side- ed to the additional insureds de- walk vaults, street ban- scribed in Paragraph 8.a.(1) of this ners or decorations and endorsement, the following is added similar exposures; to Section III- Limits Of Insurance: (ii) The construction, erec- The most we will pay on behalf of the tion or removal of eleva- additional insured is the amount of in- tors; or surance: (iii) The ownership, mainte- (1) Required by the written contract, nance or use of any el- written agreement, written permit evators covered by this or written authorization described insurance. in Paragraph 8.a.(1) of this en- dorsement. For the purpose of (e) Mortgagee, Assignee Or determining the required amount Receiver of insurance only, we will include Any person or organization the minimum amount of any Um- you are required per Para- brella liability or Excess Liability graph 8.a.(1) of this en- coverage required for that addi- dorsement to provide insur- tional insured in that written con- ance, but only with respect tract, written agreement, written to their liability as mortga- permit or written authorization; or gee, assignee or receiver (2) Available under the applicable and arising out of the own- limits of insurance; ership, maintenance or use of the premises by you. whichever is less. However, this insurance does not apply to structural This endorsement shall not increase alterations, new construction the applicable limits of insurance. and demolition operations c. Section IV - Commercial General performed by or for that per- Liability Conditions is amended to son or organization. include the following: (3) The insurance afforded to addi- Automatic Additional Insured Pro- tional insureds described in Par- vision agraph 8.a.(1) of this endorse- ment: This insurance applies only if the (a) Only applies to the extent "bodily injury" or "property damage" occurs, or the "personal and advertis- permitted by law; ing injury" offense is committed: (b) Will not be broader than that (1) During the policy period; and which you are required by the written contract, written (2) Subsequent to your execution of agreement, written permit or the written contract or written written authorization to pro- agreement, or the issuance of a vide for such additional in- written permit or written authori- sured; and zation, described in Paragraph (c) Does not apply to any per- son, organization, vendor, Includes copyrighted material of Insurance GA 233 TX 06 23 Services Office, Inc., with its permission. Page 14 of 18 d. Section IV - Commercial General (b) Claims made or "suits" Liability Conditions is amended as brought; or follows: (c) Persons or organizations Condition 4. Other Insurance is making claims or bringing amended to include: "suits". Primary And Noncontributory In- (2) Deductible Clause surance (a) Our obligation to pay dam- This insurance is primary to and will ages on your behalf applies not seek contribution from any other only to the amount of dam- insurance available to an additional ages for each 'occurrence" insured per Paragraph 8.a.(1) of this which are in excess of the endorsement provided that: Deductible Amount shown in (1) The additional insured is a Section B. Limits Of Insur- ance,Named Insured under such other 9. Property Damage To Borrowed Equipment of insurance: and this endorsement. The limits (2) You have agreed in writing in a of insurance will not be re- contract, agreement, permit or duced by the application of authorization described in 8.a.(2) such deductible amount. of this endorsement that this in- (b) Section IV - Commercial surance would be primary and General Liability Conditions, would not seek contribution from 2, Duties In The Event Of any other insurance available to Occurrence, Offense, Claim the additional insured. Or Suit, applies to each 9. Property Damage To Borrowed Equip- claim or "suit" irrespective of ment the amount. a. The following is added to Exclusion (c) We may pay any part or all 2.j. Damage To Property under Sec- of the deductible amount to tion I-Coverage A- Bodily Injury And effect settlement of any Property Damage Liability: claim or "suit" and, upon no- tification of the action taken, Paragraphs (3) and (4) of this exclu- you shall promptly reim- sion do not apply to tools or equip- burse us for such part of the ment loaned to you, provided they are deductible amount as has not being used to perform operations been paid by us. at the time of loss. 10. Employees As Insureds - Specified b. With respect to the insurance provid- Health Care Services And Good Samar- ed by this section of the endorse- itan Services ment, the following additional provi- sions apply: Paragraph 2.a.(1)(d) under Section II - Who Is An Insured does not apply to: (1) The Limits of Insurance shown in the Declarations are replaced by 1) Your "employees" who provide pro- the limits shown in Section B. fessional health care services on your Limits Of Insurance, 9. Property behalf as a duly licensed nurse, Damage To Borrowed Equip- emergency medical technician or ment of this endorsement with paramedic in the jurisdiction where an respect to coverage provided by 'occurrence" or offense to which this this endorsement. These limits insurance applies takes place; or are inclusive of and not in addi- 2) Your "employees" or "volunteer work- tion to the limits being replaced, ers", other than an employed or vol- The Limits of Insurance shown in unteer doctor, providing first aid or Section B. Limits Of Insurance, good samaritan services during their 9. Property Damage To Bor- work hours for you will be deemed to rowed Equipment of this en- be acting within the scope of their dorsement fix the most we will employment by you or performing du- pay in any one 'occurrence" re- ties related to the conduct of your gardless of the number of: business. (a) Insureds; Includes copyrighted material of Insurance GA 233 TX 06 23 Services Office, Inc., with its permission. Page 15 of 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus° BUSINESS AUTO XC+° (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation This provision does not apply unless the valid written contract has been: SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, S. Transfer of 1. Executed prior to the accident causing Rights of Recovery Against Others to Us is "bodily injury"or"property damage"; and amended by the addition of the following: 2. Is still in force at the time of the"accident" We waive any right of recovery we may have causing "bodily injury' or "property dam- against any person or organization because of age". payments we make for"bodily injury' or"prop- erty damage" arising out of the operation of a D. Employee Hired Auto covered "auto" when you have assumed liabil- 1. Changes in Liability Coverage ity for such "bodily injury' or "property dam- age" under an "insured contract", provided the The following is added to the SECTION II "bodily injury" or "property damage" occurs - COVERED AUTOS LIABILITY COV- subsequent to the execution or the "insured ERAGE, A. Coverage, 1. Who is an In- contract'. sured: B. Noncontributory Insurance An "employee" of yours is an "insured" while operating an "auto" hired or rented SECTION IV - BUSINESS AUTO CONDI- under a contract or agreement in that TIONS, B. General Conditions, 5. Other In- "employee's" name, with your permission, surance c. is deleted in its entirety and re- while performing duties related to the placed by the following: conduct of your business. c. Regardless of the provisions of Par- 2. Changes in General Conditions agraph a. above, this Coverage Form's Liability Coverage is primary SECTION IV - BUSINESS AUTO CON- and we will not seek contribution DITIONS, B. General Conditions, 5. from any other insurance for any Iia- Other Insurance is deleted in its entirety bility assumed under an "insured and replaced by the following: contract" that requires liability to be assumed on a primary noncontributo- b. For Hired Auto Physical Damage ry basis. Coverage the following are deemed to be covered "autos"you own: C. Additional Insured by Contract (1) Any covered "auto" you lease, SECTION II - COVERED AUTOS LIABILITY hire, rent or borrow; and COVERAGE, A. Coverage, 1. Who is an In- sured is amended to include as an insured (2) Any covered "auto" hired or any person or organization for whom you have rented by your"employee" under agreed in a valid written contract to provide in- a contract in that individual "em- surance as afforded by this policy. ployee's" name, with your per- mission, while performing duties This provision is limited to the scope of the related to the conduct of your valid written contract. business. Includes copyrighted material of ISO AA 288 01 24 Properties, Inc., with its permission. Page 1 of 4 However, any "auto" that is leased, a. Is effective on the date of acquisition hired, rented or borrowed with a driver or formation, and is afforded for 180 is not a covered"auto". days after such date; E. Audio, Visual and Data Electronic Equip- b. Does not apply to "bodily injury' or ment "property damage" resulting from an "accident" that occurred before you SECTION III - PHYSICAL DAMAGE COV- ERAGE, C. Limits of Insurance, 1.b. is de- acquired or formed the organization; leted in its entirety and replaced by the follow- c. Does not apply to any newly acquired ing: or formed organization that is a joint b. The most we will pay for all "loss" to au- venture or partnership; and dio, visual or data electronic equipment d. Does not apply to an insured under and any accessories used with this any other automobile liability policy or equipment as a result of any one "acci- would be an insured under such a dent" is the lesser of: policy but for the termination of such (1) The actual cash value of the dam- policy or the exhaustion of such poli- aged or stolen property as of the time poli- cy's limits of insurance. of the"accident"; 3. Any of your "employees" while using a (2) The cost of repairing or replacing the covered "auto" in your business or your damaged c or stolen property with the personal affairs, provided you do not own, p p y hire or borrow that"auto". er property of like kind and quality; or (3) $2,500. G. Liability Coverage Extensions - Supple- mentary Payments- Higher Limits Provided the equipment, at the time of the SECTION II - COVERED AUTOS LIABILITY "loss" is: COVERAGE, A. Coverage, 2. Coverage Ex- (1) Permanently installed in or upon the tensions, a. Supplementary Payments is covered "auto" in a housing, opening amended by: or other location that is not normally 1, Replacing the $2,000 Limit of Insurance used by the "auto" manufacturer for for bail bonds with $4,000 in (2); and the installation of such equipment; (2) Removable from a permanently in- 2• Replacing the $250 Limit of Insurance for stalled housing unit as described in reasonable expenses with $500 in (4). Paragraph (1)above; or H. Amended Fellow Employee Exclusion (3) An integral part of such equipment. SECTION II - COVERED AUTOS LIABILITY F. Who is an Insured - Amended COVERAGE, B. Exclusions, S. Fellow Em- ployee is modified as follows: SECTION II - COVERED AUTOS LIABILITY Exclusion S. Fellow Employee is deleted. COVERAGE, A. Coverage, 1. Who is an In- sured is amended by adding the following: I. Hired Auto - Physical Damage The following are"insureds': If hired "autos" are covered "autos"for Liability Coverage, then Comprehensive and Collision 1. Any subsidiary which is a legally mann Physical Damage Coverages as provided un- rated entity of which you own a financiaall der SECTION III - PHYSICAL DAMAGE interest of more than 50% of the voting COVERAGE of this Coverage Part are ex- stock on the effective date of this cover- tended to "autos" you hire, subject to the fol- age form. lowing: However, the insurance afforded by this 1, The most we will pay for "loss" to any provision does not apply to any subsidiary hired "auto" is $50,000 or the actual cash that is an "insured" under any other auto- value or cost to repair or replace, which- mobile liability policy or would be an "in- ever is the least, minus a deductible. sured" under such policy but for termina- tion of such policy or the exhaustion of 2. The deductible will be equal to the largest such policy's limits of insurance. deductible applicable to any owned "auto" 2. Any organization that is newly acquired or for that coverage, or $1,000, whichever is less. formed by you and over which you main- tain majority ownership. The insurance provided by this provision: Includes copyrighted material of ISO AA 288 01 24 Properties, Inc., with its permission. Page 2 of 4 3. Hired Auto - Physical Damage coverage 5. We will pay under this coverage only that is excess over any other collectible insur- amount of your rental reimbursement ex- ance. penses which is not already provided for 4. Subject to the above limit, deductible, and under SECTION III - PHYSICAL DAM- excess provisions we will provide cover- AGE COVERAGE, A. Coverage, 4. age equal to the broadest coverage appli- Coverage Extensions. cable to any covered "auto" you own in- K. Transportation Expense- Higher Limits sured under this policy. SECTION III - PHYSICAL DAMAGE COV- Coverage includes loss of use of that hired au- ERAGE, A. Coverage, 4. Coverage Exten- to, provided it results from an "accident" for sions is amended by replacing $30 per day which you are legally liable and as a result of with $50 per day, and $900 maximum with which a monetary loss is sustained by the $1,500 maximum in Extension a. Transpor- leasing or rental concern. The most we will tation Expenses. pay for any one"accident"is $3,000. L. Airbag Coverage If a limit for Hired Auto - Physical Damage is shown in the Schedule, then that limit replac- SECTION III - PHYSICAL DAMAGE COV- es, and is not added to, the $50,000 limit indi- ERAGE, B. Exclusions, 3.a. is amended by cated above and the deductibles shown in the adding the following: Schedule are applicable. However, the mechanical and electrical J. Rental Reimbursement breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. SECTION III - PHYSICAL DAMAGE COV- This coverage for airbags is excess over any ERAGE is amended by adding the following: other collectible insurance or warranty. 1. We will pay for rental reimbursement ex- M. Loan or Lease Gap Coverage penses incurred by you for the rental of an "auto" because of a"loss"to a covered 1. SECTION 111 - PHYSICAL DAMAGE "auto". Payment applies in addition to the COVERAGE, C. Limits of Insurance is otherwise applicable amount of each cov- deleted in its entirety and replaced by the erage you have on a covered "auto". No following, but only for private passenger deductible applies to this coverage. type "autos" with an original loan or lease, and only in the event of a "total loss" to 2. We will pay only for those expenses in- such a private passenger type"auto": curred during the policy period beginning 24 hours after the "loss" and ending, re- a. The most we will pay for"loss" in any gardless of the policy's expiration, with one"accident" is the greater of: the lesser of the following number of (1) The amount due under the terms days: of the lease or loan to which a. The number of days reasonably re- your covered private passenger quired to repair the covered "auto". If type"auto" is subject, but will not "loss" is caused by theft, this number include: of days is added to the number of (a) Overdue lease or loan pay- days it takes to locate the covered ments; "auto"and return it to you; or (b) Financial b. 30 days. under the lease ldue nto high 3. Our payment is limited to the lesser of the mileage, excessive use or following amounts: abnormal wear and tear; a. Necessary and actual expenses in- (c) Security deposits not re- curred; or funded by the lessor; b. $50 per day. (d) Costs for extended warran- ties, Credit Life Insurance, 4. This coverage does not apply while there Health, Accident or Disabil- are spare or reserve "autos" available to ity Insurance purchased you for your operations. with the loan or lease; and (e) Carry-over balances from previous loans or leases, or Includes copyrighted material of ISO AA 288 01 24 Properties, Inc., with its permission. Page 3 of 4 (2) Actual cash value of the stolen 4. A member or manager, if you are a lim- or damaged property. ited liability company. b. An adjustment for depreciation and P. Unintentional Failure to Disclose Hazards physical condition will be made in de- termining actual cash value at the SECTION IV - BUSINESS AUTO CONDI- time of"loss". TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is 2. SECTION V - DEFINITIONS is amended amended by adding the following: by adding the following, but only for the purposes of this Loan or Lease Gap However, if you unintentionally fail to disclose Coverage: any hazards existing on the effective date of this Coverage Form, we will not deny cover- "Total loss" means a "loss" in which the age under this Coverage Form because of cost of repairs plus the salvage value ex- such failure. ceeds the actual cash value. Q. Mental Anguish Resulting from Bodily Inju- N. Glass Repair-Waiver of Deductible ry SECTION III - PHYSICAL DAMAGE COV- SECTION V - DEFINITIONS, C. "Bodily inju- ERAGE, D. Deductible is amended by adding ry" is deleted in its entirety and replaced by the following: the following: No deductible applies to glass damage if the "Bodily injury' means bodily injury, sickness or glass is repaired in a manner acceptable to us disease sustained by a person, including men- rather than replaced. tal anguish and death sustained by the same person that results from such bodily injury, O. Duties in the Event of an Accident, Claim, sickness or disease. "Bodily inju does not Suit or Loss- Amended include mental anguish or death that does not SECTION IV - BUSINESS AUTO CONDI- result from bodily injury, sickness or disease. TIONS, A. Loss Conditions, 2. Duties in the R. Coverage for Certain Operations in Con- Event of Accident, Claim, Suit or Loss,a. is nection with Railroads amended by adding the following: With respect to the use of a covered "auto" in This condition applies only when the "acci- operations for or affecting a railroad: dent'or"loss" is known to: 1. You, if you are an individual; 1. SECTION V - DEFINITIONS, H. "Insured y contract", 3. is deleted in its entirety and 2. A partner, if you are a partnership; replaced by the following: 3. An executive officer or insurance manag- 3. An easement or license agreement; er, if you are a corporation; or 2. SECTION V - DEFINITIONS, H. "Insured contract", 6.a. is deleted. Includes copyrighted material of ISO AA 288 01 24 Properties, Inc., with its permission. Page 4 of 4 COMMERCIAL UMBRELLA LUBUUTY COVERAGE ORM TABLE �� /�� . , ~�.~.~~ �~. ~~~~._ . ~~." , ~~ Coverage Part Provision: Begins on Page: Preamble...............................................................................................................................................................3 SECTION |' COVERAGE:.................................................................................................................................... A. Insuring Agreement..............................................................................................................................3 B. Exclusions:............................................................................................................................................4 1. Asbestos--------------------------------'----------.��4 2. Breach ofContra��. Fai|uretoPe�onn. VV/ongOeschp�onand Violation ofAnother's Rights............................................................................................................4 3. Contractual Liability..........................................................................................................................4 4. Damage 0oImpaired Property o/Property Not Physically Injured ...................................................4 5. Damage 0uProperty.........................................................................................................................4 6 Damage 0oYour Product.................................................................................................................5 7 Damage VoYour Work.....................................................................................................................S 8. Distribution or Recording of Material or Information in Violation of Law..........................................5 g. Electronic ChatroomsorBulletin Boards......................................................................................... 1O. Electronic Data ................................................................................................................................S 11. E mitadon-----'--------'--'-------'--'---.S 12. E Practices .......................................................................................................O 13. Expected orIntended Injury.............................................................................................................G 14. Falsity, Prior Publication, Criminal Act and Media and Internet Type Businesses...........................6 15. Infringement ofCopyright, Patent, Trademark cvTrade Secret......................................................6 16. Pollutant'Auto................................................................................................................................ 17. Pollutant' Other Than Auto.............................................................................................................7 18. Recall ofProducts, Work cxImpaired Property...............................................................................Q 1Q. Unauthorized Use ofAnother's Name orProduct............................................................................y 2D. War..................................................................................................................................................y 21. Workers' Compensation..................................................................................................................y C. Defense and Supplementary Payments..............................................................................................Q SECTIONU'WHO kS ANINSURED.................................................................................................................. O SECTION III' LIMITS OFINSURANCE.............................................................................................................12 SECTIONK/' CONDITIONS:.............................................................................................................................13 1. Appeals.................................................................................................................................................1] 2. Audit--------------------------'--'------------------13 I ----------------------'--'--'--------------13 4. Duties inthe Event ofOccurrence, Claim orSuit..................................................................................13 S. First Named Insured ............................................................................................................................. 4 6. Legal Action AgainstUsand Loss Payments .......................................................................................14 7. Liberalization.........................................................................................................................................14 8. Maintenance ofUnderlying Insurance...................................................................................................14 S\ Other |nsurance--.-'----------'-----------'----'--------15 10. Premium................................................................................................................................................1S 11. Representations....................................................................................................................................15 12. Separation ofInsureds..........................................................................................................................15 13. Transfer nfRights ofRecovery Against Others toUs...........................................................................15 14. When VVeDoNot Renew......................................................................................................................16 SECTIONV' DEFINITIONS:..............................................................................................................................10 1. "Advertisement..--------------------------------------------10 2. �\uthor�edrepvesenngwe^ -----------------------------------16 3. "Auto^ --'--'----'---------'----'----------------'15 4~ "Bodily injury..--'--'------'----'------'--'----'---------'1O S. "Coverage term^ --------------------------------'1h Includes copyrighted material ofInsurance Coverage Part Provision: Begins on Page: 6. "Coverage territory'...............................................................................................................................16 7. "Electronic data"....................................................................................................................................16 8. "Employee"............................................................................................................................................16 9. "Executive officer".................................................................................................................................17 10. "Hostile fire"...........................................................................................................................................17 11. "Impaired property.................................................................................................................................17 12. "Insured contract"..................................................................................................................................17 13. "Leased worker"....................................................................................................................................18 14. "Loading or unloading............................................................................................................................18 15. "Mobile equipment"...............................................................................................................................18 16. "Occurrence".........................................................................................................................................19 17. "Personal and advertising injury.............................................................................................................19 18. "Pollutants"............................................................................................................................................19 19. "Products-completed operations hazard"..............................................................................................19 20. "Property damage"................................................................................................................................20 21. "Subsidiary'...........................................................................................................................................20 22. "Suit'......................................................................................................................................................20 23. "Temporary worker" ..............................................................................................................................20 24. "Ultimate net loss".................................................................................................................................20 25. "Underlying insurance"..........................................................................................................................20 26. "Underlying limit"...................................................................................................................................20 27. "Workplace" ..........................................................................................................................................20 28. "Your product".......................................................................................................................................20 29. "Your work"............................................................................................................................................20 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT......................................................................22 Includes copyrighted material of Insurance US 10109 20 Services Office, Inc., with its permission. Page 2 of 23 COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM Various provisions in this Coverage Part restrict this insurance. Read the entire Coverage Part d. Prior to the "coverage term" no in- carefully to determine rights, duties and what is and sured listed under Paragraph 1. of is not covered. Section II - Who Is An Insured and no "employee" authorized by you to give Throughout this Coverage Part the words'you"and or receive notice of an "occurrence" "your" refer to the Named Insured shown in the or claim, knew that the "bodily injury" Declarations, and any other person or organization or "property damage" had occurred, qualifying as a Named Insured under this Coverage in whole or in part, or that the "per- Part. The words "we", "us" and "our" refer to the sonal and advertising injury" offense Company providing this insurance. had been committed, in whole or in part. If such a listed insured or au- The word "insured" means any person or organiza- thorized "employee" knew, prior to tion qualifying as such under SECTION II -WHO IS the "coverage term", that the "bodily AN INSURED. injury" or "property damage" oc- Other words and phrases that appear in quotation curred, or that the "personal and ad- marks have special meaning. Refer to SECTION V vertising injury" offense had been - DEFINITIONS. committed, then any continuation, change or resumption of such "bodily SECTION I- COVERAGE injury", "personal and advertising inju- ry" or "property damage" during or af- A. Insuring Agreement ter the "coverage term" will be 1. We will pay on behalf of the insured the deemed to have been known prior to "ultimate net loss" which the insured is le- the policy period. gally obligated to pay as damages for q, "Bodily injury" or"property damage" which bodily injury", "personal and advertising occurs during the "coverage term" and injury" or "property damage" to which this was not, prior to the "coverage term", insurance applies: known to have occurred by any insured a. Which is in excess of the "underlying listed under Paragraph 1. of Section II - insurance"; or Who Is An Insured or any "employee" au- thorized by you to give or receive notice of b. Which is either excluded or not in- an "occurrence" or claim, includes any sured by"underlying insurance". continuation, change or resumption of that "bodily injury" or "property damage" after 2. If any limit of insurance, such as a sublim- the end of the "coverage term". it, is specified in the "underlying insur- ance", this insurance does not apply to 5. "Personal and advertising injury' caused "bodily injury", "personal and advertising by an offense which was committed dur- injury" or "property damage" arising out of ing the "coverage term" and was not, prior that exposure unless that limit of insur- to the "coverage term", known to have ance is specified in the Schedule of Un- been committed by any insured listed un- derlying Insurance. der Paragraph 1. of Section II - Who Is An 3. This insurance applies to "bodily injury", Insured or any "employee" authorized by you to give or receive notice of an "occur- "personal and advertising injury" or "prop- rence" or claim, includes any continuation, erty damage"only if: change or resumption of that "personal a. The "bodily injury", "personal and ad- and advertising injury" offense after the vertising injury" or "property damage" end of the "coverage term". is caused by an "occurrence" that 6. "Bodily injury"or"property damage"will be takes place in the "coverage territo- deemed to have been known to have oc- ry"; and curred, or a "personal and advertising in- b. The "bodily injury" or "property dam- jury" offense will be deemed to have been age" occurs during the policy period known to have been committed at the ear- shown in the Declarations; or liest time when any insured listed under Paragraph 1. of Section II - Who Is An In- c. The "personal and advertising injury" sured or any "employee" authorized by results from an "occurrence" that you to give or receive notice of an "occur- takes place during the policy period rence" or claim: shown in the Declarations; and Includes copyrighted material of Insurance US 101 09 20 Services Office, Inc., with its permission. Page 3 of 23 a. Reports all, or any part, of the "bodily assumption of liability in a contract or injury", "personal and advertising inju- agreement. This exclusion does not apply ry" or "property damage" to us or any to liability for "bodily injury', "personal and other insurer; advertising injury"or"property damage": b. Receives a written or verbal demand a. That the insured would have in the or claim for damages because of the absence of the contract or agree- "bodily injury", "personal and advertis- ment; or ing injury" or property damage"; or b. Assumed in a contract or agreement c. Becomes aware by any other means that is an "insured contract", provided that "bodily injury' or "property dam- the "bodily injury", "personal and ad- age" had occurred or has begun to vertising injury" or "property damage" occur, or that the "personal and ad- occurs subsequent to the execution vertising injury' offense had been of the contract or agreement. committed or has begun to be com- mitted. 4. Damage to Impaired Property or Prop- erty Not Physically Injured 7. The amount we will pay for damages is limited as described in SECTION III- LIM- "Property damage" to "impaired property' ITS OF INSURANCE. or property that has not been physically in- jured, arising out of: No other obligation or liability to pay sums or perform acts or services is covered, unless a. A defect, deficiency, inadequacy or expressly provided for under SECTION 1 - dangerous condition in 'your product" COVERAGE, C. Defense and Supplemen- or"your work"; or tary Payments. b. A delay or failure by you or anyone B. Exclusions acting on your behalf to perform a contract or agreement in accordance This insurance does not apply to: with its terms. 1. Asbestos This exclusion does not apply to the loss Any liability arising out of, attributable to or of use of other property arising out of sudden and accidental physical injury to any way related asbestos in any form or "your product" or "your work" after it has transmitted in anyy manner. been put to its intended use. 2. Breach of Contract, Failure to Perform, S. Damage to Property Wrong Description and Violation of Another's Rights "Property damage"to: "Personal and advertising injury": a. Property: a. Arising out of breach of contract, ex- (1) You own, rent, or occupy, includ- cept an implied contract to use an- ing any costs or expenses in- other's advertising idea in your "ad- curred by you, or any other per- vertisement"; son, organization or entity, for b. Arisingout of the failure of goods, repair, replacement, enhance- products or services to conform with Hance of such property for any any statement of quality or perfor- reason, including prevention of mance made in your"advertisement"; injury to a person or damage to c. Arising out of the wrong description another's property, or of the price of goods, products or (2) Owned or transported by the in- services stated in your "advertise- sured and arising out of the ment"; or ownership, maintenance or use d. Caused by or at the direction of the of an "auto". insured with the knowledge that the b. Premises you sell, give away or act would violate the rights of another abandon, if the "property damage" and would inflict "personal and adver- arises out of any part of those prem- tising injury". ises; 3. Contractual Liability c. Property loaned to you; Any liability for which the insured is obli- d. Personal property in the care, custo- gated to pay damages by reason of the dy or control of the insured; Includes copyrighted material of Insurance US 10109 20 Services Office, Inc., with its permission. Page 4 of 23 damages because of "bodily injury", "per- fees or attorneys' expenses taxed sonal and advertising injury" or "property against the insured. damage" to which this insurance applies. We will have no duty to defend the in- S. If there is no underlying insurer obligated sured against any"suit" seeking damages to do so, we will pay the following for an for "bodily injury", "personal and advertis- "occurrence" to which this insurance ap- ing injury" or "property damage" to which plies, even if we have no duty to provide a this insurance does not apply. We may, at defense: our discretion, investigate any "occur- a. Prejudgment interest awarded rence" and settle any claim or "suit" that against the insured on that part of the may result when: judgment we become obligated to a. The applicable limits of the "underly- pay and which falls within the appli- ing insurance" and any other insur- cable Limit of Insurance. If we make ance have been exhausted by pay- an offer to pay the applicable Limits ment of claims; or of Insurance, we will not pay any pre- judgment interest based on the peri- b. Damages are sought for "bodily inju- od of time after the offer. ry", "personal and advertising injury" against the in- b. All interest awarded a or property damage" which are not g covered by "underlying insurance" or sured on the full amount of any other insurance. judgment that accrues: 2. Our right and duty to defend ends when (1) After entry of the judgment; and the applicable Limit of Insurance, as stat- (2) Before we have paid, offered to ed in the Declarations, has been exhaust- pay or deposited in court the part ed by payment of claims. of the judgment that is within the 3. We have no duty to investigate, settle or applicable Limit of Insurance. defend any claim or "suit" other than 6. The payments described in Paragraphs 4. those circumstances described in Para- and 5. above will not reduce the Limits of graph C.1. However, we do have the right Insurance provided by this Coverage Part to participate in the investigation, settle- when defense or supplementary pay- ment or defense of any claim or "suit" to ments provided by the "underlying insur- which this insurance applies. If we exer- ance" do not reduce their Limits of Insur- cise this right, we will do so at our ex- ance. However, when defense or supple- pense. mentary payments provided by the "un- 4. If there is no underlying insurer or other derlying insurance" reduce their Limits of insurance obligated to do so, we will pay Insurance then such expense payments the following when we provide a defense: paid by us will reduce the Limits of Insur- ance provided by this Coverage Part. a. All expenses we incur. 7. If we are prevented by law or otherwise b. The cost of bail bonds up to $3,000 from carrying out any of the provisions of (including bonds for related traffic law SECTION I - COVERAGE, C. Defense violations) required because of an and Supplementary Payments, we will "occurrence" we cover. We do not pay any expense incurred with our written have to furnish these bonds. consent. c. The cost of bonds to appeal a judg- SECTION II-WHO IS AN INSURED ment or award in any claim or "suit" we defend and the cost of bonds to 1. Except for liability arising out of the ownership, release attachments, but only for maintenance, occupancy or use of an "auto": bond amounts within the applicable a. If you are designated in the Declarations Limits of Insurance. We do not have as: to furnish these bonds. d. Reasonable expenses incurred b (1) An individual, you and your spouse p y are insureds, but only with respect to the insured at our request to assist us the conduct of a business of which in the investigation or defense of the you are the sole owner. claim or "suit", including the actual loss of earnings. (2) A partnership or joint venture, you are against the in- an insured. Your members, partners e. All court costs taxed a g and their spouses are also insureds, sured in the "suit". However, these but only with respect to the conduct payments do not include attorneys' of your business. Includes copyrighted material of Insurance US 10109 20 Services Office, Inc., with its permission. Page 10 of 23 (3) A limited liability company,you are an (4) Your legal representative if you die, insured. Your members are also in- but only with respect to duties as sureds, but only with respect to the such. conduct of your business. Your man- agers are insureds, but only with re- 2• Only with respect to liability arising out of the spect to their duties as your manag- ownership, maintenance, occupancy or use of ers. an "auto": (4) An organization other than a partner- a. You are an insured. ship, joint venture, or limited liability b. Anyone else while using with your permis- company, you are an insured. Your sion an "auto" you own, hire or borrow is "executive officers" and directors are also an insured except: insureds, but only with respect to their duties as your officers or direc- (1) The owner or any other person or or- tors. Your stockholders are also in- ganization (except your "executive of- sureds, but only with respect to their ficers" or principals) from whom you liability as stockholders. Each of the hire or borrow an "auto", unless such following is also a Named Insured: persons or organizations are in- sureds in your "underlying insurance" listed in the Schedule of Underlying such organization, including any Insurance, and then only for such "subsidiary"of such "subsidiary": hazards for which coverage is pro- 1) Existing at the inception of vided by such "underlying insurance". this Coverage Part; or This exception does not apply if the "auto" is a trailer or semi-trailer con- 2) Formed or acquired on or nected to an "auto"you own. after the inception of this Coverage Part. (2) Your "employee", if the "auto" is owned by that "employee" or a mem- (b) Any other company controlled ber of his or her household, unless: and actively managed by such organization or any "subsidiary" (a) Such "employee" is an insured thereof: with respect to that "auto" in the "underlying insurance" listed in 1) At the inception of this Cov- the Schedule of Underlying In- erage Part; or surance, and then only for such 2hazards for which coverage is ) If the control and active provided by such "underlying in- management thereof is ac- surance"; or quired on or after the incep- tion of this Coverage Part. (b) The "bodily injury" or "property (S) A trust,you are an insured. Your trus- damage" is sustained by a co- tees are also insureds, but only with "employee" of such "employee". respect to their duties as trustees. (3) Someone using an "auto" while he or b. Each of the following is also an insured: she is working in a business of sell- ing, servicing, repairing, parking or (1) Any "employee" of yours while acting storing "autos", unless that business within the scope of their duties as is yours. such. (4) Anyone other than your "employees", (2) Any person or organization while act- partners (if you are a partnership), ing as your real estate manager. members (if you are a limited liability company), or a lessee or borrower or (3) Any person or organization having any of their "employees", while mov- proper temporary custody of your ing property to or from an "auto". property if you die, but only: c. Anyone liable for the conduct of an in- (a) With respect to liability arising sured described in Paragraphs 2.a. and b. out of the maintenance or use of above is also an insured, but only if they that property; and are provided insurance coverage for such liability by valid and collectible "underlying (b) Until your legal representative insurance" listed in the Schedule of Un- has been appointed. derlying Insurance and then only for such hazards for which coverage is provided by such "underlying insurance". Includes copyrighted material of Insurance US 10109 20 Services Office, Inc., with its permission. Page 11 of 23 3. At your option and subject to the terms and tributed to operations at only a single conditions of this insurance, any other person location, then the Aggregate Limit or organization not addressed by Paragraphs described in 2.c. above applies sepa- l. and 2. above, but covered in the "underlying rately to each location owned by, or insurance" listed in the Schedule of Underlying rented or leased to you. Insurance are also insureds, but only to the ex- tent that insurance is provided for such person (2) Of your construction projects solely or organization by the "underlying insurance". with respect to damages which are the result of a claim or"suit"for"bodi- No person or organization is an insured with re- ly injury" or "property damage" which spect to the conduct of any current or past partner- can be attributed only to ongoing op- ship, joint venture, or limited liability company that erations and only at a single con- is not shown as a Named Insured in the Declara- struction project, then the Aggregate tions. Limit described in 2.c. above applies separately to each of your construc- SECTION III- LIMITS OF INSURANCE tion projects. 1. The Limits of Insurance shown in the Declara- b. Only with respect to the application of tions and the rules below fix the most we will Limits of Insurance described in 3.a. pay regardless of the number of: above, the following terms location and a. Insureds; construction project will have the following meanings: b. Claims made, "suits" brought or number of vehicles involved or insured; or (1) Location means premises involving the same or connecting lots, or prem- c. Persons or organizations making claims ises whose connection is interrupted or bringing "suits". only by a street, roadway, waterway 2. The Aggregate Limit is the most we will pay for or right-of-way of a railroad. all damages: (2) Construction project means a loca- tion you do not own, rent or lease a. Included in the "products-completed op- where ongoing improvements, altera- tions, installation, demolition or b. Because of "bodily injury" by disease sus- maintenance work is performed by tained by your "employees" arising out of you or on your behalf. All connected and in the course of their employment by ongoing improvements, alterations, you; or installation, demolition or mainte- nance work performed by you or on c. Because of "bodily injury", "personal and your behalf at the same location for advertising injury" or "property damage" the same persons or entities, no mat- not included within a. or b. above. How- ter how often or under how many dif- ever, this Aggregate Limit will not apply to ferent contracts, will be deemed to be damages which are not subject to an Ag- a single construction project. gregate Limit in the "underlying insur- ance". 4. Subject to the limits described in 2. and 3. above, the Each Occurrence Limit is the most The Aggregate Limit applies separately to a., we will pay for the "ultimate net loss": b. and c. The Aggregate Limit described in c. will apply only to damages not subject to a. or a. In excess of the applicable limits of "un- b. above. derlying insurance"; or 3. Subject to the Limit of Insurance described in b. If an "occurrence" is not covered by "un- 2.c.above: derlying insurance", but covered by the terms and conditions of this Coverage a. Only in the event that "underlying insur- Part, ance" specifically listed in the Schedule of Underlying Insurance provides an annual for all "bodily injury", "personal and advertising Aggregate Limit of Insurance for damages injury' and "property damage" arising out of that would not be subject to 2.a. or b. any one "occurrence". above that is applicable separately to We will not pay more than the Limit of Insur- each: ance shown in this Coverage Part's Declara- (1) Location owned by, or rented or tions for each "occurrence" because any Per- leased to you solely with respect to sonal Umbrella Liability Policy(ies) is/are at- damages which are the result of a tached to this policy. claim or "suit" for "bodily injury' or "property damage" which can be at- Includes copyrighted material of Insurance US 10109 20 Services Office, Inc., with its permission. Page 12 of 23 9. Other Insurance Based on our reliance upon your repre- a. This insurance is excess over, and shall sentations as to existing hazards, if unin- tentionally you should fail to disclose all not contribute with any other insurance, such hazards at the inception date of this whether primary, excess, contingent or on Coverage Part, we will not reject coverage any other basis. This condition will not ap- under this Coverage Part based solely on ply to insurance specifically written as ex- such failure. cess over this Coverage Part. When this insurance is excess, we will 12. Separation of Insureds have no duty to defend the insured Except with respect to the Limits of Insurance, against any "suit" if any other insurer has and any rights or duties specifically assigned a duty to defend the insured against that in this Coverage Part to the first Named In- "suit". If no other insurer defends and sured, this insurance applies: coverage is otherwise applicable, we will have the right, but not the duty to under- a. As if each Named Insured were the only take to do so, provided that whomever we Named Insured; and agree to defend and the Named Insured b. Separately to each insured against whom assign their rights to us under the policies claim is made or"suit" is brought. of the insurers who did not defend. Such assignment must be in writing. 13. Transfer of Rights of Recovery Against b. When this insurance is excess over other Others to Us insurance, we will pay only our share of a. If the insured has rights to recover all or the "ultimate net loss" that exceeds the part of any payment we have made under sum of: this Coverage Part, those rights are trans- ferred to us. The insured must do nothing (1) The total amount that all such other after loss to impair them. At our request, insurance would pay for the loss in the insured will bring "suit' or transfer the absence of this insurance; and those rights to us and help us enforce (2) The total of all deductible and self- them. insured amounts under all that other b. Any recoveries shall be applied as follows: insurance. 10. Premium (1) First, we will reimburse anyone, in- cluding the insured, the amounts ac- The premium for this Coverage Part shall be tually paid by them that were in ex- as stated in the Declarations. The advance cess of our payments; and anniversary premiums are not subject to (2) Next, we will be reimbursed to the ex- adjustment, except as stated in the Declara- tent of our actual payment; and tions, or as stated in an endorsement issued by us to form a part of this Coverage Part. (3) Lastly, any amounts left after meeting the obligations outlined in (1) and (2) You shall maintain records of such information above will be distributed to anyone as is necessary for premium computation, and else known to us at the time a recov- shall, if requested by us, send copies of such ery is made and who is legally enti- records to us at the end of the "coverage term" tled to such recovery. and at such times during the policy period as we may direct. Expenses incurred in the recovery shall 11. Representations be apportioned among all interests in the p ratio of their respective recoveries as fi- a. By acceptance of this Coverage Part, you nally settled. If there is no recovery as a agree that the statements in the Declara- result of our attempts, we shall bear all of tions are your agreements and represen- the recovery expenses. tations, that this Coverage Part is issued c. If prior to an 'occurrence" to which this in reliance upon the truth of such repre- Coverage Part would apply, you and the sentations and that this Coverage Part issuer of your applicable "underlying in- embodies all agreements existing be- surance" listed specifically in the Sched- tween you and us or any of our agents re- ule of Underlying Insurance waive any lating to this insurance. right of recovery against a person or or- b. However, to the extent that the following ganization for injury or damage, we will al- applies in the "underlying insurance" listed so waive any rights we may have against specifically in the Schedule of Underlying such person or organization. Insurance, it will also apply to this Cover- age Part: Includes copyrighted material of Insurance US 10109 20 Services Office, Inc., with its permission. Page 15 of 23 9. "Executive officer" means a person holding g. That part of any contract or agreement any of the officer positions created by your entered into, as part of your business, charter, constitution, by-laws or any similar pertaining to the rental or lease, by you or governing document. any of your "employees", of any "auto". 10. "Hostile fire" means one that becomes uncon- However, such contract or agreement trollable or breaks out from where it was in- shall not be considered an "insured con- tract" to the extent that it obligates you or tended to be. any of your "employees" to pay for "prop- 11. "Impaired property' means tangible property, erty damage" to any "auto" rented or other than 'your product" or "your work", that leased by you or any of your"employees". cannot be used or is less useful because: Paragraphs f.and g. do not include that part of a. It incorporates "your product" or 'your any contract or agreement: work" that is known or thought to be de- (1) That indemnifies a railroad for"bodily inju- fective, deficient, inadequate or danger- ry", "property damage" or "personal and ous; or advertising injury' arising out of construc- b. You have failed to fulfill the terms of a tion or demolition operations, within 50 contract or agreement, feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- if such property can be restored to use by: beds, tunnel, underpass or crossing. a. The repair, replacement, adjustment or However, if such liability is insured by val- removal of "your product" or "your work"; id and collectible "underlying insurance" as listed in the Schedule of Underlying In- or surance, this Paragraph (1) shall not ap- b. Your fulfilling the terms of the contract or ply for such hazards for which insurance agreement. coverage is afforded by such "underlying insurance"; 12. "Insured contract" means: (2) That indemnifies an architect, engineer or a. A contract for a lease of premises. How- surveyor for injury or damage arising out ever, that portion of the contract for a of: lease of premises that indemnifies any person or organization for "property dam- (a) Preparing, approving or failing to pre- age" by fire or explosion to premises while pare or approve maps, shop draw- rented to you or temporarily occupied by ings, opinions, reports, surveys, field you with permission of the owner is not an orders, change orders or drawings "insured contract"; and specifications; or b. A sidetrack agreement; (b) Giving directions or instructions, or failing to give them, if that is the pri- c. Any easement or license agreement, ex- mary cause of the injury or damage; cept in connection with construction or demolition operations on or within 50 feet (3) Under which the insured, if an architect, of a railroad; engineer or surveyor, assumes liability for injury or damage arising out of the in- d. An obligation, as required by ordinance, to sured's rendering or failure to render pro- indemnify a municipality, except in con- fessional services, including those listed nection with work for a municipality; in Paragraph (2) above and supervisory, inspection, architectural or engineering e. An elevator maintenance agreement; activities; f. That part of any other contract or agree- (q) That indemnifies an advertising, public re- ment pertaining to your business, other lations or media consulting firm for "per- than a contract or agreement pertaining to sonal and advertising injury" arising out of the rental or lease of any"auto", (including the planning, execution or failure to exe- an indemnification of a municipality in cute marketing communications pro- connection with work performed for a mu- grams. Marketing communications pro- nicipality) under which you assume the grams include but are not limited to com- tort liability of another party to pay for prehensive marketing campaigns; con- "bodily injury", "property damage" or "per- sumer,trade and corporate advertising for sonal and advertising injury" to a third all media; media planning, buying, moni- person or organization. Tort liability toring and analysis; direct mail: promotion; means a liability that would be imposed by sales materials; design; presentations; law in the absence of any contract or point-of-sale materials; market research; agreement; or Includes copyrighted material of Insurance US 10109 20 Services Office, Inc., with its permission. Page 17 of 23 public relations and new product devel- but"loading or unloading" does not include the opment; movement of property by means of a mechan- ical device, other than a hand truck, that is not (5) Under which the insured, if an advertising, attached to the aircraft, watercraft or"auto". public relations or media consulting firm, assumes liability for "personal and adver- 15. "Mobile equipment" means any of the following tising injury' arising out of the insured's types of land vehicles, including any attached rendering or failure to render professional machinery or equipment: services, including those services listed in Paragraph (4), above; a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally (6) That indemnifies a website designer or off public roads; content provider, or Internet search, ac- cess, content or service provider for injury b. Vehicles maintained for use solely on or or damage arising out of the planning, ex- next to premises you own or rent; ecution or failure to execute Internet ser- c. Vehicles that travel on crawler treads; vices. Internet Services include but are not limited to design, production, distribu- d. Vehicles, whether self-propelled or not, tion, maintenance and administration of maintained primarily to provide mobility to websites and web-banners; hosting web- permanently mounted: sites; registering domain names; register- ing with search engines; marketing analy- (1) Power cranes, shovels, loaders, dig- sis; and providing access to the Internet gers or drills; or or other similar networks; (2) Road construction or resurfacing (7) Under which the insured, if a website de- equipment such as graders, scrapers signer or content provider, or Internet or rollers; search, access, content or service provid- e. Vehicles not described in Paragraph a., er, assumes liability for injury or damage b., c. or d. above that are not self- arising out of the insured's rendering or propelled and are maintained primarily to failure to render Internet services, includ- provide mobility to permanently attached ing those listed in Paragraph (6), above; equipment of the following types: (8) That pertains to the loan, lease or rental (1) Air compressors, pumps and genera- of an "auto" to you or any of your "em- tors, including spraying, welding, ployees", if the "auto" is loaned, leased or building cleaning, geophysical explo- rented with a driver; or ration, lighting and well-servicing (9) That holds a person or organization en- equipment; or gaged in the business of transporting (2) Cherry pickers and similar devices property by "auto" for hire harmless for used to raise or lower workers; your use of an "auto" over a route or terri- tory that person or organization is author- f. Vehicles not described in Paragraph a., ized to serve by public authority. b., c. or d. above maintained primarily for 13. "Leased worker" means a person leased to purposes other than the transportation of you by a labor leasing firm under an agree- ment between you and the labor leasing firm to However, self-propelled vehicles with the perform duties related to the conduct of your following types of permanently attached business. "Leased worker" includes supervi- equipment are not"mobile equipment" but sors furnished to you by the labor leasing firm. will be considered "autos": "Leased worker" does not include a "tempo- rary worker". (1) Equipment designed primarily for: 14. "Loading or unloading" means the handling of (a) Snow removal; property: (b) Road maintenance, but not Ion- a. After it is moved from the place where it is struction or resurfacing; or accepted for movement into or onto an aircraft, watercraft or"auto"; (c) Street cleaning; b. While it is in or on an aircraft, watercraft (2) Cherry pickers and similar devices or"auto"; or mounted on automobile or truck chassis and used to raise or lower c. While it is being moved from an aircraft, workers; and watercraft or"auto"to the place where it is finally delivered; (3) Air compressors, pumps and genera- tors, including spraying, welding, Includes copyrighted material of Insurance US 10109 20 Services Office, Inc., with its permission. Page 18 of 23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC PRIMARY AND NON-CONTRIBUTORY COVERAGE ENDORSEMENT - WHERE REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY COVERAGE PART SCHEDULE LIMITS OF INSURANCE: $ 5,000,000 Each Occurrence Limit $ 5,000,000 Aggregate Limit COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM, US 101 and US 101 UM, is amended as follows: A. SECTION III - LIMITS OF INSURANCE is It is agreed that this condition does not amended to add the following: apply to the "non-contributory additional 7. For the purposes of this endorsement on- insured's" own insurance program on which they are a named insured. ly, the Limits of Insurance stated in the Schedule of this endorsement and de- However: scribed below will apply on a "primary and a This tion to the Other Insurance non-contributory basis'within the parame- s exce p ters set forth in SECTION III - LIMITS OF Condition shall only apply if the appli- INSURANCE of the Coverage Part to cable "underlying insurance" applies which this endorsement is attached: on a "primary and non-contributory basis" for such "non-contributory ad- We will not pay more on behalf of a "non- ditional insured" and only to the ex- contributory additional insured" than the tent of the specific limits of insurance lesser of: required in a written contract or a. The Limits of Insurance stated in the agreement on a "primary and non- Schedule of this endorsement; or contributory basis"that is in excess of the "underlying insurance"; and b. The limits of insurance required in a b. It is understood and agreed that the written contract on a "primary and insurance provided by this Coverage non-contributory basis"for such "non- Part is excess of: contributory additional insured", but only to the extent the required limits (1) "Underlying insurance" listed in of insurance are in excess of the the Schedule of Underlying In- "underlying insurance"; or surance; c. The Limits of Insurance available af- (2) Any other insurance available to ter the payment of"ultimate net loss" the "non-contributory additional on any insured's behalf from any insured"as an additional insured; claim or"suit". and This provision is included within and does (3) Any other insurance available to not act to increase the Limits of Insurance the "non-contributory additional stated in the Declarations. insured" on which they are not a B. SECTION IV - CONDITIONS is amended as named insured. follows: 2. The following condition is added: 1. Condition 9. Other Insurance is amended 15. As a precedent to the receipt of in- to add the following: surance coverage hereunder, the "non-contributory additional insured" must give written notice of such claim or "suit", including a demand for de- Includes copyrighted material of Insurance US 4096 01 21 Services Office, Inc., with its permission. Page 1 of 2 Tense and indemnity, to any other in- contract between an additional in- surer who had coverage for the claim sured and a Named Insured provid- or "suit" under its policies. Such no- ed: tice must demand the full coverage available and the "non-contributory (1) The written contract or agree- additional insured" shall not waive or ment is executed before the "oc- limit such other available coverage. currence" resulting in "bodily in- jury', "personal and advertising This condition does not apply to the injury" or "property damage" for "non-contributory additional insured's" which coverage is being sought own insurance program on which under this endorsement; and they are a named insured. (2) The written contract or agree- C. SECTION V - DEFINITIONS is amended to ment requires a specific limit of add the following: insurance on a "primary and 30. "Non-contributoryadditional insured" non-contributory basis" that is in excess of "underlying insur- means any person or organization: ante". a. Qualifying as an additional insured 31, "Primary and non-contributory basis" under SECTION II - WHO IS AN IN- means that the limits of insurance of the SURED, Paragraph 3. of the Cover- Coverage Part to which this endorsement age Part to which this endorsement is is attached apply to insured loss on behalf attached; and of the "non-contributory additional in- b. Being granted additional insured sta- sured" prior to limits of insurance from tus on a "primary and non- other insurance in which the "non- contributory basis" in the "underlying contributory additional insured" is a insurance" as required in a written named insured. Includes copyrighted material of Insurance US 4096 01 21 Services Office, Inc., with its permission. Page 2 of 2 TeXbMutuar WORKERS' COMPENSATION INSURANCE WORKERS'COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Agent copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A.of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 7/30/25 at 12:01 a.m.standard time,forms a part of: Policy no.0001226901 of Texas Mutual Insurance Company effective on 7/30/25 Issued to: WALKER PARTNERS LLC J J� This is not a bill Authorized representative NCCI Carrier Code: 29939 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1(800)859-5995 1 Fax(800)359-0650 WC 42 03 04 B Texasmutuar WORKERS'COMPENSATION INSURANCE WORKERS'COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Agent copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A.of the Information Page. In the event of cancellation or other material change of the policy,we will mail advance notice to the person or organization named in the Schedule.The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 7/30/25 at 12:01 a.m.standard time,forms a part of: Policy no.0001226901 of Texas Mutual Insurance Company effective on 7/30/25 Issued to: WALKER PARTNERS LLC "4 This is not a bill Authorized representative NCCI Carrier Code: 29939 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1(800)859-5995 1 Fax(800)359-0650 WC 42 06 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION OR NONRENEWAL BY US NOTIFICATION TO A DESIGNATED ENTITY This endorsement modifies insurance provided under the following: BUSINESSOWNERS PACKAGE POLICY CLAIMS-MADE EXCESS LIABILITY COVERAGE PART COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART DENTIST'S PACKAGE POLICY ELECTRONIC DATA LIABILITY COVERAGE PART EXCESS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART- CLAIMS-MADE RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY SCHEDULE Name and mailing address of person(s) or organization(s): 1. FOR WHOM YOU ARE REQUIRED INA WRITTEN CONTRACT THAT WAS EXECUTED ON OR AFTER THE EARLIER OF THE FOLLOWING DATES:A.THE EFFECTIVE DATE OF THIS POLICY,OR B.THE EFFECTIVE DATE OF THE ORIGINAL POLICY OF WHICH THIS POLICY IS A RENEWAL OR REPLACEMENT,AND 2.FOR WHOM YOU ARE REQUIRED IN THAT SAME WRITTEN CONTRACT AS REFERRED TO IN 1.ABOVE TO PROVIDE CANCELLATION NOTICE. Number of days notice (other than nonpayment of premium): 30 A. If we cancel or nonrenew this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice to the person or organization shown in the Schedule. We will mail such notice at least the number of days shown in the Schedule before the effective date of cancellation or nonrenewal. B. If we cancel this policy for nonpayment of premium, we will mail notice to the person or organization shown in the Schedule. We will mail such notice at least 10 days before the effective date of cancellation. C. If notice is mailed, proof of mailing to the mailing address shown in the Schedule will be sufficient proof of notice. D. In no event will coverage extend beyond the actual expiration, termination or cancellation of the policy. IA 4087 09 17 Page 1 of 1 Effective date of this Endorsement: 30-Jul-2025 This Endorsement is attached to and forms a part of Policy Number: C11CD0251501 Beazley America Insurance Company, Inc. referred to in this endorsement as the "insurance company" SEPARATE RETROACTIVE DATE FOR INCREASED LIMITS This endorsement modifies insurance provided under the following: A&E Professional Liability/MediaTech In consideration of the premium charged for the Policy, it is hereby understood and agreed that the Limit of Liability specified in the Declarations of$5,000,000 each claim and $5,000,000 in the aggregate during the policy period are subject to the following Retroactive Dates, and the Retroactive Date specified in the Declarations is amended as follows: 1) with regard to the Limit of Liability of$1,000,000 each claim and $2,000,000 in the aggregate during the policy period, the Retroactive Date is as follows: Retroactive Date: 30-Jul-2004 2) with regard to the Limit of Liability of$4,000,000 each claim in excess of$1,000,000 each claim and the Limit of Liability of$3,000,000 aggregate in excess of$2,000,000 in the aggregate during the policy period, the Retroactive Date specified in the Declarations is as follows: Retroactive Date: 30-Jul-2012 All other terms and conditions of this Policy remain unchanged. Authorized Represen tive A-E00084 092022 ed.