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Contract - CDM Smith Inc. - 4/14/2016A&WIll ND ROCK, TEXAS M KMPM ill PROSPUM CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: CDM SMITH INC. ("Engineer") ADDRESS: 12357-A Riata Trace Parkway, Suite 210, Austin, TX 78727 PROJECT: WTP & Lake Georgetown Pump & Power Modifications THE STATE OF TEXAS § COUNTY OF WILLIAMSON § � 1 . i a I exas nome- y 07 1,TU6y ana oetween tne 0 1 lvvlr &44'n -VK4U rule munici I corporat on, 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 Subehapter A entitl-F.1 "Professional Services Procurement Act" provides for the procurement by municipalities of services professional engineers; and i 111111 111111 1�111 Jill 111111111 1 111 illl!lllllllllllll 1111111 %1111 9511 0 jNBOaffin That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev. 04/13 0199.1605; 00353958 00296523 ?OIL 7-2> 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. City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with 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. (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 .2-11 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 Nine1y-Eight Thousand Nine Hundred Seventy -Three and No/100 Dollars, ($98,973.00). 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. N Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. ARTICLE PROMPT 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. City's Designated Representative for purposes of this Contract is as follows: Jeff Bell Project Manager 2008 Enterprise Drive Round Rock, TX 78664 Telephone Number (512) 218-7076 .19 Fax Number (512) 218-5536 FwailI.Adre s.�UJQx*mdrocktg1Ujrgv 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. David Briggs, P.E. Principal Engineer 12Z, 5 7-A Riata Trace Parkwa-Vil Suite 2 14 Austin, TX 78727 Telephone Number (512) 346-1100 Fax Number (512) 345-1483 I A I I 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 Engineeritbp 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 Aso 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 or Schedule goals sooner than anticipated. I 0MI .111M 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 vM 1 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. I 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 •. it pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer work and documents for purposes of constructing, using and maintaining the Project, provided that Ci shall comply with its obligations, including prompt payment of all sums when due, under this Contrac Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize oth similarly credentialed design professionals to reproduce and, where permitted by law, to make change corrections or additions to the work and documents for the purposes of completing, using a maintaining the Project. I 0 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 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 ,• 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. 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 representativ., - .: erformance of their duties. ARTICLE 18 SUBMISSION OF REPORTS 1" IN M-Immi NOW 11 ""Mal $11 am_ I rZp9jrL IS MIMI- I-ILY S -U-11H 1111CIlLS 011 12-11sluccr S PIP, "111 M.PITLS Snan vc Uutresseflc If 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 H=r (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer t4 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, up not less than thirty (30) days' written notice to Engineer. I 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 1,,--_ngineering 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 91 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the 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. COMPLIANCEARTICLE 21 (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner 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) 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 1 1 Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 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 as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company *r 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 bi 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 -amowA-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 or any material change in coverage, and such notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." 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. 12 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 proon had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized re(cresentatives at mutuallp convenient times. The CA), reserves the rig, t 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 RoIN und Rock 221 East Main Street Round Rock, TX 78664 11 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 David Briggs, P.E. Principal Engineer 12357-A Riata Trace Parkway, Suite 210 Austin, TX 78727 ARTICLE 33 • "' 1 1 (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 MA (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 qualifiei. professional engineer. However, since Engineer has no control over the cost of labor, materials, 1 0 1' 110 111 N 1, a Iyamm we) &W-41 I m I I (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 r such olt-,inio i, Zua,14--m-lent, 0-us-.roval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OPROUND ROOCK-T-RXAS O�VE 0 FORM: Ely: . ... . .......... . . . . Alan. McGraw, Mayor Step*n L-. Sheets, City Attorney ATTEST: IR LIST OF EXHIBITS ATTACHED rMIM11" 1, A W.M71-YAMS (5) Exhibit E Certificates of Insurance Fa Him EXHIBIT A City Services City shall have those responsibilities set forth in the Agreement subject to the following: A. Designate a person to act as City's representative with respect to the services to be performed or furnished by the Engineer. This representative will have authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to Engineer's services. B. Provide all criteria and full information as to City's requirements for the project, including objectives and constraints, space, capacity and performance requirements, flexibility and expandability. C. Assist Engineer by placing all available information pertinent to the Project, including previous reports at the Engineer's disposal. D. Furnish to Engineer, as requested for performance of basic services or as required by the Contract Documents, the following: L Data prepared by or services of others; ii. Arrange for access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under this Task Order; iii. Examine all alternate solutions, studies, reports, sketches, proposals and other documents presented by Engineer; vi. Provide labor and safety equipment to open electrical/instrumentation cabinets, open and protect manholes and/or to operate valves and hydrants as required by the Engineer; and viii. Give prompt notice to Engineer whenever City observe•s otherwise becomes aware of any development that affects t scope or time of performance or furnishing of Engineer's servicO or any defect or nonconformance in Engineer's services in t work of any Contractor. EXHIBIT B Engineering Services Upon this Agreement becoming effective, Engineer shall: A. Consult with City to clarify and define City's requirements for the Project and review available data. B. Advise City as to the necessity of City's providing or obtaining from others data or services which are not part of Engineer's Services, and assist City in obtaining such data and services. C. Identify and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project specified by Engineer with whom consultation is to be undertaken in connection with the Project. D. Evaluate various alternate solutions available to City as described herein, and, after consultation with City, recommend to City those solutions which in Engineer's judgment best meet City's requirements for the Project. E. Prepare a report (the "Report") which will contain the statement of City's requirements for the Project and, as appropriate, will contain schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate the considerations involved and those alternate solutions available to City which Engineer recommends. This Report will be accompanied by Engineer's opinion of Total Project Costs for each solution which is so recommended for the Project, including the following: opinion of probable Construction Cost, allowances for contingencies including costs of design professional and related services based on information furnished by City for allowances and other items and services included within the definition of Total Project Costs. F. Furnish the Report to and review it with City. G. Revise the Report in response to City's comments, as appropriate, and furnish final copies of the Report in the number set forth herein. H. Submit the Report within the stipulated period indicated herein. The duties and responsibilities of ENGINEER during the Study and Report Phase as set forth in this paragraph are amended and supplemented as follows: The City is planning to make improvements to the raw water pump station at Lake Georgetown and the high service pump station at the water treatment plant. The project will be done in phases and this scope of work, schedule and fee are for the preliminary engineering phase only. Engineer will produce a preliminary engineering report for the following electrical improvements at the Lake Georgetown Pump Station and High Service Pump Station at the water treatment plant. Task1: Lake Georgetown Raw Water Pump Station A. Evaluate alternatives to add VFDs for existing pumps RWP-4, RWP-5 and RWP- 6. B. Evaluate alternatives to add/replace generator to provide additional raw water flow in the event of a power outage. C. Evaluate alternatives to replace the existing generator manual switch with automatic transfer switch. D. Evaluate alternatives to relocate pump termination boxes out of the floodplain to prevent flooding of the boxes E. Prepare an opinion of the probable construction cost for items a through c, F. Prepare the following Figures: i. One -line diagram for the pump station. ii. Proposed location of the pump VFDs Task 2: High Service Pump Station at the Water Treatment Plant A. Evaluate alternatives to add VFDs for existing pumps HSP -5 and HSP -6. B. Evaluate alternatives to replace the motor starters for HSP -1 through HSP -4. C. Evaluate alternative to replace the motors for HSP -1 through HSP -6. D. Evaluate alternatives to replace the existing generator manual switch with automatic transfer switch. E. Evaluate Alternatives to add a new generator for HSP -5 and HSP -6 and to power the treatment plant to provide the additional treatment capacity to supply HSP -5 and HSP -6. F. Prepare an Opinion of the probable construction cost G. Prepare the following Figures: i. One -line diagram for the pump station: a. Option 1 — individual pump VFDs b. Option 2 — one VFD with bypass switching system for two pumps ii. Proposed location of the pump VFDs Task 3: Report A. Prepare a draft report that includes a description of the alternatives evaluated, the results of the evaluation, opinion of probable construction cost and figures. Submit five hard copies and one electronic copy to the owner for review. B. Meet with the owner to review the report and receive comments. C. Prepare a final preliminary engineering report that includes the owner's comments. Deliver five hard copies and on electronic copy of the final report. EXHIBIT C Work Schedule Notice to Proceed March 2016 Taskl: Lake Georgetown Raw Water Pump Station May 31, 2016 Task 2: High Service Pump Station at the Water Treatment Plant May 31, 2016 Task 3: Report July 31, 2016 rl� u Fee Schedule Labor Costs Direct Costs Task 1: Lake Georgetown Raw Water Pump Station $25,138 $1986 Task 2: High Service Pump Station at the Water Treatment Plant $42,194 $1986 Task 3: Report $23,969 $3,700 Subtotal $91,301 $7,672 Total $98,973 EXHIBIT E Certificates of Insurance Attached Behind This Page �� • CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02109/2018 F 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 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 Aon Risk Services Northeast, Inc. Boston MA Office CONTACT NAME: (aO.NNo. Ext): (866) 283-7122 (A/C No.): 800-363-0105 E-MAIL ADDRESS: One Federal Street Boston MA 02110 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: National Union Fire Ins Co of Pittsburgh 19445 CDM Smith Inc. 75 State Street, Suite 701 Boston MA 02109 USA INSURER B: New Hampshire Ins Co 23841 INSURER C: Lloyd's Syndicate No. 2623 AA1128623 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570061161854 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADD INSD SUBR WVD POLICY NUMBER P LI Y EFF MM/DD P LI Y EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY GL 0 9 74 0 /2016 Z1761/7G17 EACH OCCURRENCE $2,000,000 CLAIMS -MADE X❑ OCCUR DAMAGE TO RENTED $300,000 PREMISES Ea occurrence MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY - JECT PRO LOC PRODUCTS - COMP/OPAGG $4,000,000 OTHER: A AUTOMOBILE LIABILITY CA 9734322 01/01/2016 01/01/2017 COMBINED SINGLE LIMIT 2,000,000 Ea accident A05 BODILY INJURY( Per person) B X ANYAUTO CA 9734321 01/01/2016 01/01/2017 BODILY INJURY (Per accident) ALL OWNEDSCHEDULED MA AUTOS AUTOS NON -OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Per accident UMEIRELLALIAB EACH OCCURRENCE AGGREGATE EXCESS LIAR HOCCUR CLAIMS -MADE DED RETENTION B WORKERS COMPENSATION AND wc068022509 01/01/2016 01/01/2017 X PER STATUTE OTH- ER EMPLOYERS' LIABILITY Y / N AOS E.L. EACH ACCIDENT $1,000,000 B ANY PROPRIETOR / PARTNER / EXECUTIVE N/A WC068022510 01/01/2016 01/01/2017 OFFICFR/MEMBEREXCLUDED? (Mandatory in NH) AK , AZ , VA 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 Archit&Eng Prof QC1601367 01/01/2016 01/01/2017 per claim $1,000,000 aggregate $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: CORR WTP & Lake Georgetown Pump & Power Modifications Project. City of Round Rock is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Round Rock AUTHORIZED REPRESENTATIVE Attn: City Manager 221 E. Main St. Round Rock Tx 78664 USA cion �Q r L ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 10518329 LOC it co ADDITIONAL REMARKS SCHEDULE AGENCY Aon Risk services Northeast, inc. NAMED INSURED cDm smith inc® POUCY NUMBER see certificate NLnber: 570061161854 CARRIER NAIC CODE see certificate Nuselber: 570061161854 1 EFFECTIVE DATE - ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER StIR WI's INSURER ErnCTPOL10,IVE DATE INSURER LIMITS INSURER WORKERS COMPENSATION ADDITIONAL POLICIES If a policy below does not include limit informatiM refer to the corresponding policy on the ACORD Certificate form for policy limits. I L14SR LTR 'n?E OF mt'RANcx ADDL CNiSID StIR WI's FOLWVNtM§ER I ErnCTPOL10,IVE DATE o1j rCWHILAT" M, DATE LIMITS WORKERS COMPENSATION 0 N/A WC068022SI1 CA 01/01/2016 01/01/2017 0 N/A W0068022512 FL 01/01/2016 01/01/2017 8 N/A w0068022513 IL, KY, NC, RN, UT 61/01/2016- -61/01/2017 N/A WC068022514 MA, ® ON, NIA, WI, WY 01/01/2016 01/01/2017 8 N/A W0068022515 N3, PA 01/01/2016 0110112017 T 7177TT-7171 =-*. -0 0 20M ACORD CORPORATION. AN righm mamed. ell THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement No. 013 This endorsement, effective 12:01 AM 01 /01 / 2016 Forms a part of Policy No. WC 068-02-2509 055-04-0116-00 Issued to CDM SM I TH I NC. By NEW HAMPSHIRE INSURANCE COMPANY NOTICE TO POLICYHOLDER This endorsement modifies insurance provided under this Workers Compensation and Employers Liability Insurance Policy Premium for this endorsement: SUBJECT TO AUDIT LIMITED ADVISE OF CANCELLATION TO SCHEDULED ENTITIES (WORKERS- COMPENSATION ONLY), WC990058 (ED. 04/11) IS ADDED. Issue Date: 12/29/15 Q WC 99 06 11 ------------------ ------- (Ed. 01/97) Authorized Representative ACCIDENT REPORTING NOTICE OREGON If you become aware of the occurrence of any alleged work related accident please report it to us within 24 hours. You can report an accident: • by phone: (877)399-6442; or • online: www.aigcs.com Oregon law requires you to report any alleged work related injury to us within five (5) days after you learn of it. Timely reporting of these incidents provides the opportunity to initiate the actions leading to prompt decisions regarding compensability and timely delivery of benefits. With that in mind, we hope you will reach out to us sooner. Immediate reporting of claims: • Enables us to initiate efforts to see to it that appropriate medical care is provided to your employees, getting your employees back to health and work faster; • Allows us to promptly begin our investigation to determine if the injury is compensable, and advise the State of our decision, within the required 14 day time frame; • Prevents potential fines for late reporting; and • Assists in prompt payment of valid claims. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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. fd ° 'attaching clause' need be completedthis endorsement is issued subsequent to preparation of the ). This endorsement, effective 12:01 AM 01 /01 /2016 forms a part of Policy No. WC 068-02-2509 Issued to CDM SM I TH I NC. By NEW HAMPSHIRE INSURANCE COMPANY LIMITED ADVICE OF CANCELLATION TO SCHEDULED ENTITIES (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder(s) when this policy is canceled (hereinafter, the "Certificate Holders)") and the Named Insured has provided the Insurer, either directly or through its broker of record, either: () the name of the entity shown on the certificate, a contact name at such entity and the U.S. Postal Service mailing address of each such entity; or (b) the email address of a contact at each such entity; and 3. prior to the effective date of cancellation, the Named Insured confirms to the Insurer, either directly or through its broker of record, that the persons or organizations set forth in the Schedule below, as well as their respective addresses listed, should continue to be a part of the Schedule and, if not, the names of the persons or organizations that should be deleted, the Insurer will provide advice of cancellation (the "Advice") to each such Certificate Holder(s) confirmed by the Named Insured in writing to be correctly a part of the Schedule within 30 days after the Named Insured confirms the accuracy of the Schedule below with the Insurer, provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured confirms the accuracy of the Schedule below with the Insurer. Proof of the Insurer emailing the Advice, using the information provided and subsequently confirmed by the Named Insured in writing, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the first named employer in Item 1 of the Information Page of this policy. 2. Insurer means the insurance company shown in the header on the Information Page of this policy. WC 99 00 58 Page 1 of (Ed. 04/11) SCHEDULE NAME OF PERSON OR ORGANIZATION E-MAIL OR U.S. POSTAL SERVICE ADDRESS A SCHEDULE OF EACH PERSON OR ORGANIZATION PROVIDED TO US BY THE FIRST NAMED INSURED WITHIN 15 DAYS OF WRITTEN CANCELLATION NOTICE RECEIVED BY THE FIRST NAMED INSURED FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM. All other terms, conditions and exclusions shall remain the same. , &A AUTHORIZED REPRESENTATIVE WC 99 00 58 Page 2 of 2 (Ed. 04/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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. 'attaching(The kd1crwing u ` need be empletecl My when this endorsement Is issued subsequent to prepwatim of the ). This endorsement, effective 12:01 AM 01 / O 1 / 2016 forms a part of Policy No. WC 068-02-2513 Issued to CDM SM I TH I NC. By NEW HAMPSHIRE INSURANCE COMPANY LIMITED ADVICE OF CANCELLATION TO SCHEDULED ENTITIES (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to thispolicy's expiration date; 2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder(s) when this policy is canceled (hereinafter, the "Certificate Holders)") and the Named Insured has provided the Insurer, either directly or through its broker of record, either: (a) the name of the entity shown on the certificate, a contact name at such entity and the U.S. Postal Service mailing address of each such entity; or (b) the email address of a contact at each such entity; and 3. prior to the effective date of cancellation, the Named Insured confirms to the Insurer, either directly or through its broker of record, that the persons or organizations set forth in the Schedule below, as well as their respective addresses listed, should continue to be a part of the Schedule and, if not, the names of the persons or organizations that should be deleted, the Insurer will provide advice of cancellation (the "Advice") to each such Certificate Holder(s) confirmed by the Named Insured in writing to be correctly a part of the Schedule within 30 days after the Named Insured confirms the accuracy of the Schedule below with the Insurer, provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured confirms the accuracy of the Schedule below with the Insurer. Proof of the Insurer emailing the Advice, using the information provided and subsequently confirmed by the Named Insured in writing, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the first named employer in Item 1 of the Information Page of this policy. 2. Insurer means the insurance company shown in the header on the Information Page of this policy. WC 99 00 58 Page 1 of 2 (Ed. 04/11) NAME OF PERSON OR ORGANIZATION E-MAIL OR U.S. POSTAL SERVICE ADDRESS A SCHEDULE OF EACH PERSON OR ORGANIZATION PROVIDED TO US BY THE FIRST NAMED INSURED WITHIN 15 DAYS OF WR I TTEN CANCELLATION NOTICE RECEIVED BY THE NAMED INSURED FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM. All other terms, conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE WC 99 00 58 Page 2 of 2 (Ed. 04111) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 'ause' need be corrvieted only when this endorsement IS Issued subsequent to preparation of the ). This endorsement, effective 12:01 AM 01 /01 /2016 forms a part of Policy No. WC 068-02-2514 Issued to CDM SM I TH I NC. By NEW HAMPSHIRE INSURANCE COMPANY LIMITED ADVICE OF CANCELLATION TO SCHEDULED ENTITIES (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; . the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder(s) when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided the Insurer, either directly or through its broker of record, either: (a) the name of the entity shown on the certificate, a contact name at such entity and the U.S. Postal Service mailing address of each such entity; or (b) the email address of a contact at each such entity; and 3. prior to the effective date of cancellation, the Named Insured confirms to the Insurer, either directly or through its broker of record, that the persons or organizations set forth in the Schedule below, as well as their respective addresses listed, should continue to be a part of the Schedule and, if not, the names of the persons or organizations that should be deleted, the Insurer will provide advice of cancellation (the "Advice") to each such Certificate Holder(s) confirmed by the Named Insured in writing to be correctly a part of the Schedule within 30 days after the Named Insured confirms the accuracy of the Schedule below with the Insurer, provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured confirms the accuracy of the Schedule below with the Insurer. Proof of the Insurer emailing the Advice, using the information provided and subsequently confirmed by the Named Insured in writing, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the first named employer in Item 1 of the Information Page of this policy. . Insurer means the insurance company shown in the header on the Information Page of this policy. WC 99 00 58 Page 1 of 2 (Ed. 04/11) SCHEDULE NAME OF PERSON OR ORGANIZATION E-MAIL OR U.S. POSTAL SERVICE ADDRESS A SCHEDULE OF EACH PERSON OR ORGANIZATION PROVIDED TO US BY THE FIRST NAMED INSURED WITHIN 15 DAYS OF WRITTEN CANCELLATION NOTICE RECEIVED BY THE FIRST NAMED INSURED FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM. All other terms, conditions and exclusions shall remain the same. '�&J4 v AUTHORIZED REPRESENTATIVE WC 99 00 58 Page 2 of 2 (Ed. 04/11) go THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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. (rhe fd "aftachkV clause" need be completed orgy when this arKlorsement is issued subsequent to preparation of the ). This endorsement, effective 12:01 AM 01 /01 / 2016 forms a part of Policy No. WC 068-02-2510 Issued to CDM SM I TH I NC. By NEW HAMPSHIRE INSURANCE COMPANY LIMITED ADVICE OF CANCELLATION TO SCHEDULED ENTITIES (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder(s) when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided the Insurer, either directly or through its broker of record, either. (a) the name of the entity shown on the certificate, a contact name at such entity and the U.S. Postal Service mailing address of each such entity; or (b) the email address of a contact at each such entity; and 3. prior to the effective date of cancellation, the Named Insured confirms to the Insurer, either directly or through its broker of record, that the persons or organizations set forth in the Schedule below, as well as their respective addresses listed, should continue to be a part of the Schedule and, if not, the names of the persons or organizations that should be deleted, the Insurer will provide advice of cancellation (the "Advice") to each such Certificate Holder(s) confirmed by the Named Insured in writing to be correctly a part of the Schedule within 30 days after the Named Insured confirms the accuracy of the Schedule below with the Insurer, provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured confirms the accuracy of the Schedule below with the Insurer. Proof of the Insurer emailing the Advice, using the information provided and subsequently confirmed by the Named Insured in writing, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the first named employer in Item 1 of the Information Page of this policy. 2. Insurer means the insurance company shown in the header on the Information Page of this policy. WC 99 00 58 Page 1 of (Ed. 04/11) NAME OF PERSON OR ORGANIZATION A SCHEDULE OF EACH PERSON OR ORGANIZATION PROVIDED TO US BY THE FIRST NAMED INSURED WITHIN 15 DAYS OF WRITTEN CANCELLATION NOTICE RECEIVED BY THE FIRST NAMED INSURED FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM. SCHEDULE � E-MAIL OR U.S. POSTAL SERVICE ADDRESS All other terms, conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE WC 99 00 58 Page 2 of 2 (Ed. 04/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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. fdkywing "attaching dause" neW be canpleted only when this endorsernent is issued subsequent to preparation of the ). This endorsement, effective 12:01 AM 01 /01 /2016 forms a part of Policy No. WC 068-02-2509 Issued to CDM SM I TH I NC. By NEW HAMPSHIRE INSURANCE COMPANY LIMITED ADVICE OF CANCELLATION TO SCHEDULED ENTITIES (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; . the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder(s) when this policy is canceled (hereinafter, the "Certificate Holder()") and the Named Insured has provided the Insurer, either directly or through its broker of record, either: (a) the name of the entity shown on the certificate, a contact name at such entity and the U.S. Postal Service mailing address of each such entity; or (b) the email address of a contact at each such entity; and . prior to the effective date of cancellation, the Named Insured confirms to the Insurer, either directly or through its broker of record, that the persons or organizations set forth in the Schedule below, as well as their respective addresses listed, should continue to be a part of the Schedule and, if not, the names of the persons or organizations that should be deleted, the Insurer will provide advice of cancellation (the "Advice") to each such Certificate Holder(s) confirmed by the Named Insured in writing to be correctly a part of the Schedule within 30 days after the Named Insured confirms the accuracy of the Schedule below with the Insurer, provided, however, that if'a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured confirms the accuracy of the Schedule below with the Insurer. Proof of the Insurer emailing the Advice, using the information provided and subsequently confirmed by the Named Insured in writing, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the first named employer in Item 1 of the Information Page of this policy. 2. Insurer means the insurance company shown in the header on the Information Page of this policy. WC 99 00 58 Page 1 of (Ed. 04/11) SCHEDULE NAME OF PERSON OR ORGANIZATION E-MAIL OR U.S. POSTAL SERVICE ADDRESS A SCHEDULE OF EACH PERSON OR ORGANIZATION PROVIDED TO US BY THE FIRST NAMED INSURED WITHIN 15 DAYS OF WRITTEN CANCELLATION NOTICE RECEIVED BY THE FIRST NAMED INSURED FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM. All other terms, conditions and exclusions shall remain the same. 04�� d-" AUTHORIZED REPRESENTATIVE WC 99 00 58 Page 2 of 2 (Ed. 04/11) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it Is attached effective on inception date of the parley unless a different date Is indicated below. (The fdlowing 'sheeting cisme need be completed only when this endorsement is breed subsequent to prepauffim of the poky). This endorsement, effective 12:01 AM 01/01/2016 forms a part of Policy No. WC 068-02-2509 Issued to CDM SH I TH INC. By NEW HAMPSHIRE INSURANCE COMPANY We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named In the Schedule. Schedule ANY PERSON OR ORGANIZATION WHICH REQUIRES YOU TO OBTAIN THIS WAIVER FROM US. The premium charge for the endorsement Is INCLUDED This form Is not applicable in California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Texas, Utah, or Washington. This form is not applicable in Missouri when there is a construction code on the poky and there Is Missouri premium or exposure. X -OAA-" WC 00 03 13 Countersigned by (Ed. 04184) Authorized Representative THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement No. 002 This endorsement, effective 12:01 AM O1 /01 /2016 Forms a part of Policy No. WC 068-02-2510 05544-0116-00 Issued to CDM SM I TH I NC. By NEW HAMPSHIRE INSURANCE COMPANY NOTICE TO POLICYHOLDER This endorsement modifies insurance provided under this Workers Compensation and Employers Liability Insurance Policy Premium for this endorsement: SUBJECT TO AUDIT LIMITED ADVISE OF CANCELLATION TO SCHEDULED ENTITIES (WORKERS, COMPENSATION ONLY), WC990058 (ED. 04 /11 ) IS ADDED. Issue Date: 12/29/15 WC 99 06 11 ------------------------------ (Ed. 01/97) Authorized Representative THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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. (T i u need be completed only when this endorsement is issued subWuent to preparation of the ). This endorsement, effective 12:01 AM 01 /01 /2016 forms a part of Policy No. WC 068-02-2510 Issued to CDM SM I TH I NC. By NEW HAMPSHIRE INSURANCE COMPANY LIMITED ADVICE OF CANCELLATION TO SCHEDULED ENTITIES (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; . the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder(s) when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided the Insurer, either directly or through its broker of record, either: (a) the name of the entity shown on the certificate, a contact name at such entity and the U.S. Postal Service mailing address of each such entity; or (b) the email address of a contact at each such entity; and . prior to the effective date of cancellation, the Named Insured confirms to the Insurer, either directly or through its broker of record, that the persons or organizations set forth in the Schedule below, as well as their respective addresses listed, should continue to be a part of the Schedule and, if not, the names of the persons or organizations that should be deleted, the Insurer will provide advice of cancellation (the "Advice") to each such Certificate Holder(s) confirmed by the Named Insured in writing to be correctly a part of the Schedule within 30 days after the Named Insured confirms the accuracy of the Schedule below with the Insurer, provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured confirms the accuracy of the Schedule below with the Insurer. Proof of the Insurer emailing the Advice, using the information provided and subsequently confirmed by the Named Insured in writing, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the first named employer in Item 1 of the Information Page of this policy. . Insurer means the insurance company shown in the header on the Information Page of this policy. WC 99 00 58 Page 1 of 2 (Ed. 04/11) NAME OF PERSON OR ORGANIZATION E-MAIL OR U.S. POSTAL SERVICE ADDRESS A SCHEDULE OF EACH PERSON OR ORGANIZATION PROVIDED TO US BY THE FIRST NAMED INSURED WITHIN 15 DAYS OF WRITTEN CANCELLATION NOTICE RECEIVED BY THE FIRST NAMED INSURED FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM. All other terms, conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE WC 99 00 58 Page 2 of 2 (Ed. 04111) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement No. 002 This endorsement, effective 12:01 AM 01 /01 /2016 Forms a part of Policy No. WC 068-02-2514 055-04-0116-00 Issued to CDM SM I TH I NC. By NEW HAMPSHIRE INSURANCE COMPANY NOTICE TO POLICYHOLDER This endorsement modifies insurance provided under this Workers Compensation and Employers Liability Insurance Policy Premium for this endorsement: SUBJECT TO AUD I T LIMITED ADVISE OF CANCELLATION TO SCHEDULED ENTITIES (WORKERS' COMPENSATION ONLY), WC990058 (ED. 04/11) IS ADDED. Issue Date: 12/29/15 WC 99 06 11 (Ed. 01197) Authorized Representative THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 12:01 AM 01 /01 /2016 forms a part of Policy No. WC O68-02-2514 Issued to CDM SM I TH I NC. By NEW HAMPSHIRE INSURANCE COMPANY LIMITED ADVICE OF CANCELLATION TO SCHEDULED ENTITIES (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder(s) when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided the Insurer, either directly or through its broker of record, either: (a) the name of the entity shown on the certificate, a contact name at such entity and the U.S. Postal Service mailing address of each such entity; or (b) the email address of a contact at each such entity; and 3. prior to the effective date of cancellation, the Named Insured confirms to the Insurer, either directly or through its broker of record, that the persons or organizations set forth in the Schedule below, as well as their respective addresses listed, should continue to be a part of the Schedule and, if not, the names of the persons or organizations that should be deleted, the Insurer will provide advice of cancellation (the "Advice") to each such Certificate Holder(s) confirmed by the Named Insured in writing to be correctly a part of the Schedule within 30 days after the Named Insured confirms the accuracy of the Schedule below with the Insurer, provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured confirms the accuracy of the Schedule below with the Insurer. Proof of the Insurer emailing the Advice, using the information provided and subsequently confirmed by the Named Insured in writing, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the first named employer in Item 1 of the Information Page of this policy. 2. Insurer means the insurance company shown in the header on the Information Page of this policy. WC 99 00 58 Page 1 of 2 (Ed. 04/11) SCHEDULE "' . NAME OF PERSON OR ORGANIZATION E-MAIL OR U.S. POSTAL SERVICE ADDRESS A SCHEDULE OF EACH PERSON OR ORGANIZATION PROVIDED TO US BY THE FIRST NAMED INSURED WITHIN 15 DAYS OF WRITTEN CANCELLATION NOTICE RECEIVED BY THE FIRST NAMED INSURED FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM. All other terms, conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE WC 99 00 58 Page 2 of 2 (Ed. 04111) V THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement No. 002 This endorsement, effective 12:01 AM 01 / 01 / 2016 Forms a part of Policy No. WC 068-02-2513 055-04-0116-00 Issued to CDM SM I TH 1 NC By NEW HAMPSHIRE INSURANCE COMPANY NOTICE TO POLICYHOLDER This endorsement modifies insurance provided under this Workers Compensation and Employers Liability Insurance Policy Premium for this endorsement: SUBJECT TO AUDIT LIMITED ADVISE OF CANCELLATION TO SCHEDULED ENTITIES (WORKERS' COMPENSATION ONLY), WC990058 (ED. 04/11) IS ADDED. Issue Date: 12/29/15 WC 99 06 11 (Ed. 01/97) Authorized Representative THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 4 n a 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. Ulowing 'atta0ing clause" need be comiMed only when this endorsement is issued subsequent to prepratim of the ). This endorsement, effective 12:01 AM 01/01/2016 forms a part of Policy No. WC 068-02-2513 Issued to CDM SM I TH I NC By NEW HAMPSHIRE INSURANCE COMPANY LIMITED ADVICE OF CANCELLATION TO SCHEDULED ENTITIES (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; . the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder(s) when this policy is canceled (hereinafter, the "Certificate Holders)") and the Named Insured has provided the Insurer, either directly or through its broker of record, either: (a) the name of the entity shown on the certificate, a contact name at such entity and the U.S. Postal Service mailing address of each such entity; or (b) the email address of a contact at each such entity; and . prior to the effective date of cancellation, the Named Insured confirms to the Insurer, either directly or through its broker of record, that the persons or organizations set forth in the Schedule below, as well as their respective addresses listed, should continue to be a part of the Schedule and, if not, the names of the persons or organizations that should be deleted, the Insurer will provide advice of cancellation (the "Advice") to each such Certificate Holder(s) confirmed by the Named Insured in writing to be correctly a part of the Schedule within 30 days after the Named Insured confirms the accuracy of the Schedule below with the Insurer, provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured confirms the accuracy of the Schedule below with the Insurer. Proof of the Insurer emailing the Advice, using the information provided and subsequently confirmed by the Named Insured in writing, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the first named employer in Item 1 of the Information Page of this policy. 2. Insurer means the insurance company shown in the header on the Information Page of this policy. WC 99 00 58 Page 1 of 2 (Ed. 04/11) SCHEDULE NAME OF PERSON OR ORGANIZATION E-MAIL OR U.S. POSTAL SERVICE ADDRESS A SCHEDULE OF EACH PERSON OR ORGANIZATION PROVIDED TO US BY THE FIRST NAMED INSURED WITHIN 15 DAYS OF WRITTEN CANCELLATION NOTICE RECEIVED BY THE NAMED INSURED FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM. All other terms, conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE WC 99 00 58 Page 2 of 2 (Ed. 04/11) POLICY NUMBER: GL 203-92-74 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Parson(s) Or Or Location(s) Of Covered Operations Any person or organization to whom you become Per the Contract or Agreement obligated to include as an additional Insured as a result of any contract or agreement you enter into. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury", .property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations fora principal as a part of the same project. CG 20 10 04 13 1* Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 c Insurance Services Office, Inc., 2012 CG 20 10 04 13 a . . THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 12:01 A.M. 01 /01 /2016 forms a part of Policy No.: GL 203-92-74 issued to CDM SMITH INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGE, PA LIMITED ADVICE OF CANCELLATION TO SCHEDULED ENTITIES SCHEDULE NAME OF PERSON OR ORGANIZATION E-MAIL OR U.S. POSTAL SERVICE ADDRESS 2 A Schedule of each person or organization provided to us by the First Named Insured within 15 days of written cancellation notice received by the First Named Insured for any reason other than nonpayment of premium. This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate(s) holder(s) when this policy is canceled (hereinafter, the "Certificate Holder(s)') and has provided the Insurer, either directly or through it's broker of record, either: (a) the name of the entity shown on the certificate, a contact name at such entity and the U.S. Postal Service mailing address of each such entity; or (b) the email address of a contact at each such entity; and 3. prior to the effective date of cancellation, the First Named Insured confirms to the Insurer, either directly or through its broker of record, that the persons or organizations set forth in the Schedule above, as well as their respective addresses listed, should continue to be a part of the Schedule and, if not, the names of the persons or organizations that should be deleted, the Insurer will provide advice of cancellation (the "Advice') to each such Certificate Holder(s) confirmed by the First Named Insured in writing to be correctly a part of the Schedule within (30) days after the First Named Insured confirms the accuracy of the Schedule above with the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured confirms the accuracy of the Schedule above with the Insurer. 108538 (03/11) Proof of the Insurer emailing the Advice, using the information provided and subsequently confirmed by the First Named Insured in writing, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations Page of this policy. All other terms, conditions and exclusions shall remain the same. i 108538 (03/11) POLICY NUMBER: GL 203-92-74 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Com leted 0 erations ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. PER THE CONTRACT OR AGREEMENT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property e" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products- completed r uc - completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law, and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. CG 20 37 04 13 *insurance Services Office, Inc., 2012 Page 1 of 2 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 10 ISO Properties, Inc., 2004 CG 20 37 07 04 ❑ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 12:01 A. M. 01 /01 /2016 forms a part of Policy No.. CA 973-43-22 issued to CDM SMITH INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGE, PA LIMITED ADVICE OF CANCELLATION TO SCHEDULED ENTITIES SCHEDULE NAME OF PERSON OR ORGANIZATION E-MAIL OR U.S. POSTAL SERVICE ADDRESS 2 A Schedule of each person or organization provided to us by the First Named Insured within 15 days of written cancellation notice received by the First Named Insured for any reason other than nonpayment of premium. This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate(s) holder(s) when this policy is canceled (hereinafter, the 'Certificate Holder(s)') and has provided the Insurer, either directly or through it's broker of record, either: (a) the name of the entity shown on the certificate, a contact name at such entity and the U.S. Postal Service mailing address of each such entity; or (b) the email address of a contact at each such entity; and 3. prior to the effective date of cancellation, the First Named Insured confirms to the Insurer, either directly or through its broker of record, that the persons or organizations set forth in the Schedule above, as well as their respective addresses listed, should continue to be a part of the Schedule and, if not, the names of the persons or organizations that should be deleted, the Insurer will provide advice of cancellation (the "Advice") to each such Certificate Holder(s) confirmed by the First Named Insured in writing to be correctly a part of the Schedule within [30] days after the First Named Insured confirms the accuracy of the Schedule above with the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured confirms the accuracy of the Schedule above with the Insurer. 108538 (03/11) Proof of the Insurer emailing the Advice, using the information provided and subsequently confirmed by the First Named Insured in writing, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations Page of this policy. All other terms, conditions and exclusions shall remain the same. Authorized Representative 108538 (03/11) CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of2 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-10707 Date Filed: 02/09/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. CDM Smith Inc. Austin, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Round Rock g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. WTP & Lake Georgetown Pump WTP & Lake Georgetown Pump & Power Modifications 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Walters, Gae Boston, MA United States X Wall, Timothy Boston, MA United States X VanAntwerp, Robert Boston, MA United States X Tunnicliffe, Peter Boston, MA United States X Stevenson, Howard Boston, MA United States X Shea, Paul Boston, MA United States X O'Brien, William Boston, MA United States X Hughes, Colleen Boston, MA United States X Desmaris, Thierry Boston, MA United States X Hickox, Stephen Boston, MA United States X Forms nrnvirferf by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944 CERTIFICATE OF INTERESTED PARTIES FORM 1295 2of2 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-10707 Date Filed: 02/09/2016 Date Acknowledged: I Name of business entity filing form, and the city, state and country of the business entity's place of business. CDM Smith Inc. Austin, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Round Rock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. WTP & Lake Georgetown Pump WTP & Lake Georgetown Pump & Power Modifications 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ 6 A VAI swear, or affirm, under penalty of perjury, that the abov dis losure is true and correct. JAMIE M GOMEZ ' My Commission Expires June 17, 2018 OF tt Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said A1_11 rg this the 1 day of Edpwagw, 20 to to certify which, witness my hand and seal of office. e- Gid►% S Sigr ture of officer admini ing oath Printed name of officer administering oath Title of officer administering oath Fnrms nrnvirted by Texas Fthics Commis -,inn www.ethics.state.tx.us Version V1.0.34944 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 2 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-10707 Date Filed: 02/09/2016 Date Acknowledged: 03/21/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. CDM Smith Inc. Austin, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Round Rock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. WTP & Lake Georgetown Pump WTP & Lake Georgetown Pump & Power Modifications 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Walters, Gae Boston, MA United States X Wall, Timothy Boston, MA United States X VanAntwerp, Robert Boston, MA United States X Tunnicliffe, Peter Boston, MA United States X Stevenson, Howard Boston, MA United States X Shea, Paul Boston, MA United States X O'Brien, William Boston, MA United States X Hughes, Colleen Boston, MA United States X Desmaris, Thierry Boston, MA United States X Hickox, Stephen Boston, MA United States X Fnrms nrnvirieri by Texas Fthics Cnmmissinn wrww.ethics.state.tx.us Version V1.0.34944 CERTIFICATE OF INTERESTED PARTIES FORM 1295 2of2 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-10707 Date Filed: 02/09/2016 Date Acknowledged: 03/21/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. CDM Smith Inc. Austin, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Round Rock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. WTP & Lake Georgetown Pump WTP & Lake Georgetown Pump & Power Modifications 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath C—mc nrnvirlorl by Tovac Fthirc f`nmmiccinn vmm ethirs state tx us Version V1.0.34944