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Contract - Garver, LLC - 6/23/2022 ROUND ROCK TEXAS CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: GARVER, LLC ("Engineer") ADDRESS: 3755 South Capital Texas Hiahway, Suite 325, Austin, Texas 78704 PROJECT: Round Rock West Area 3—Water,Wastewater, & Storm Drain Improvements THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the 21no day of , 2022 by and between the CITY OF ROUND ROCK, a Texas home- rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract 4881-1836-8801 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled"City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION The amount payable under this Contract, without modification of the Contract as provided herein, shall not exceed the total amount of Three Hundred Fifty Thousand Sixty-Five and No/100 Dollars ($350,065.00) and shall be paid in accordance and as shown in Exhibit D. The maximum amount payable shall be revised only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. 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 B. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non-disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Federico Sanchez Project Manager 3400 Sunrise Road Round Rock, TX 786645 Telephone Number(512) 218-6609 Email Address fsanchez2roundrocktexas.gov 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Greg Swoboda Senior Project Manager 3755 South Capital Texas Highway, Suite 325 Austin, Texas 78704 Telephone Number(512) 485-0020 Mobile Number(210) 268-4707 Fax Number N/A Email Address gtswobodaggarverusa.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or(2)the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted 7 herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL,EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty-day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the reasonable and necessary cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) As required by Chapter 2271, Government Code, Engineer hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli- controlled territory, but does not include an action made for ordinary business purposes. (3) 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. 10 ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reimbursement of reasonable attorney's fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON-COLLUSION,FINANCIAL INTEREST PROHIBITED (1) Non-collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be 11 recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and otherwise acceptable to City. Engineer shall also notify City, within twenty-four(24) hours of receipt, of any notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section(3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non- renewal 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." 12 ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: 13 City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Greg Swoboda Senior Project Manager 3755 South Capital Texas Highway, Suite 325 Austin, Texas 78704 Telephone Number(512) 485-0020 Mobile Number(210)268-4707 Fax Number N/A Email Address gtswoboda c&arverusa.com ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/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 14 the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion,judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion,judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above-stated representations and warranties are made for the purpose of inducing City to enter into this Contract. [Signatures on the following page.] 15 IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF tUNDROCK, TEXAS LSteplhanShects, AS TO FO By: J Craig Morg , May City Attorney ATTEST: By". eagan Spi Ci rk GARVER, LLC By: ignature of Principal Printed Name: Daniel N. Olson, PE 16 LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 17 EXHIBIT A SERVICES TO BE PROVIDED BY THE CITY The City will furnish the Engineer and provide the following information as applicable to the project: 1. Available pertinent existing information relating to the services to be performed by the Engineer; the City will provide one copy of such information in a format chosen by the City. This may include plans, as-built data, GIS data, or previous studies in or adjacent to the project area. 2. Provide survey control points such as horizontal control points, benchmark elevations, and descriptions for vertical control. 3. Provide as-built plans for utilities and public facilities within and adjacent to the project limits. 4. Provide coordination for any drainage easements needed for the project. 5. Provide coordination with utility adjustments and proposed relocation plans. 6. Clear direction and/or response to questions or requests made by the Engineer in the course of the Engineer's performance of services. 7. Timely review of deliverables that have been properly completed and submitted by the Engineer; and timely provisions of comments, if any, to the Engineer resulting from said reviews. 8. Assist by access to property required to perform any field investigations required as part of the Engineer's scope of work. EXHIBIT B SERVICES TO BE PERFORMED BY THE ENGINEER General The scope of services includes surveying, geotechnical services, environmental services, permitting, subsurface utility investigation, design, bidding services and construction administration services for the Round Rock West Area 3. The improvements will be located at Area 3 System 7 and Area 3 system 6 as shown in the attached map. The design will include improvements to the storm drain system, water and wastewater line replacement including service lines within ROW and pavement reconstruction for the project limits 1.0 Survey, Geotechnical and Subsurface Utility Investigation 1.1 Survey 1.1.1 Site Survey: Survey data will be collected at the project site for the designing the project. This field information shall be based on NAD-83,Texas State Plane Coordinates, Central Zone 4203. Consultant will subcontract with a survey firm to perform the following: • The topographic surveys will utilize methods at intervals and for distances at and/or along the project site as appropriate for surveying the existing ground, including locations of pertinent features or improvements. Surveyor will locate property boundaries along outfalls and drainage easements. Surveyor will within the public right-of way and in designated project design areas locate back of curbs, buildings and other structures, streets, drainage features, trees over eight inches in diameter, visible utilities as well as those underground utilities marked by their owners and/or representatives and subsurface utility investigation, and any other pertinent topographic features that may be present at and/or along the project site. 1.1.2 Metes and Bounds Descriptions: Consultant will subcontract with a survey firm to create metes and bounds descriptions and survey plats of proposed drainage easements. Each metes and bounds description and survey plat will be sealed by a Texas Registered Professional Land Surveyor(RPLS). 1.2 Geotechnical Services Consultant will subcontract with a geotechnical engineering firm to perform the following services: • The geotechnical investigations will be conducted at the project site. It is planned that two (2) bores will be drilled at the project site. The boring depth will vary at each site to a depth of about five (5) feet below the anticipated depth of the new infrastructure. The depth of the borings are estimated to be as flows: o B-1 20 ft o B-2 20 ft • Geotechnical Report—A geotechnical report will be prepared with boring logs for use in the project. 1.3 Subsurface Utility Investigation Services Consultant will subcontract with a subsurface utility investigation engineering firm to perform the following services: • The subsurface utility investigations will be conducted at the project site. The subsurface utility investigation will locate and identify non-City-owned utilities within the designated project area to Quality Level (QL) "B" or better. It is planned that six (6) QL "A" test holes will be conducted to determine the vertical location of existing utilities. To layout the test hole locations QL "B" SUE designation shall be performed within the designated project area in accordance with QL "B" designation. The QL"A" locations will utilize non-destructive vacuum excavation. 1.4 Environmental Services Consultant will provide the following environmental services: Constraints Map • Consultant will gather readily available data using Geographic Information Systems(GIS)to identify environmental resources in the project area. The Consultant will prepare a constraints map of resources such as waters, critical habitat, cultural resources, and hazardous materials, The Consultant will prepare a report to summarize constraints in the project area. Waters of the U.S. Delineation and Permitting • Consultant will perform a desktop and field analysis of water resources and provide a draft and final wetland delineation report including identification of jurisdictional wetlands, streams and Waters of the U.S. (WOUS) in the project area. WOUS will be delineated using the routine method described in the U.S. Army Corps of Engineers (USACE) 1987 Wetlands Delineation Manual and the USACE Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains Region (Version 2.0). • Consultant will coordinate with the USACE and prepare up to two pre-construction notification (PCN) packages for a Nationwide Permit(NWP)for modifications to existing outfall locations located along two drainages into Lake Creek. The PCN package will include the following: USACE PCN form, delineation report, engineering drawings/plans, coordination letter of concurrence from the Texas Historic Commission (THC), and U.S. Fish and Wildlife Service (USFWS) coordination. Cultural Resources • Consultant will perform desktop research and review historic properties and cultural resources in the project area consistent with THC guidance. Consultant will prepare a letter documenting the findings and coordinate with the THC to determine the potential for impacts to resources in accordance with the Antiquities Code of Texas (ACT) and Section 106 of the National Historic Preservation Act(NRNP). • If the THC requires a field survey, the Consultant will subcontract with a cultural resources firm to perform a cultural resources survey. A supplemental work authorization would be required. Threatened and Endangered Species • Consultant will examine existing data to determine the likelihood that rare species, protected species, their habitat, or designated critical habitat(per 50 CFR §17.94-95) could be impacted by the proposed project. The Engineer shall prepare an effect determination pursuant to the Endangered Species Act (ESA)for all federally listed species by completing an Information for Planning and Consultation (IPaC) assessment via USFWS. A determination of impact will be included for all state-listed species. Consultant will determine whether critical habitat is present in the study area and whether the proposed project will affect that critical habitat. The impact/effect determination and critical habitat assessment shall be included in the PCN package as documentation of coordination with USFWS. Water Pollution Abatement Plan (WPAP) • A Water Pollution Abatement Plan (WPAP) is required for any regulated activity proposed in the Edwards Aquifer recharge zone. This includes any construction-related activity, such as: a. the construction of buildings, utility stations, roads, highways, railroads b. clearing, excavation, or any other activities that alter or disturb the topographic, geologic, or existing recharge characteristics of a site c. any other activities with a potential for contaminating the Edwards Aquifer and hydrologically connected surface streams • Consultant will prepare a WPAP, which is a detailed plan that outlines best management practices that will be implemented in order to protect water quality when a regulated activity is proposed over the Edwards Aquifer. Consultant will prepare all forms, exhibits, and documents required for the WPAP application. • Consultant will coordinate with Texas Commission on Environmental Quality (TCEQ)for preparation, submittal, and approval of WPAP application. Consultant will perform one site visit as necessary for WPAP application. • Consultant will complete TCEQ Best Management Practice (BMP) spreadsheet as required for compliance with TCEQ requirements and to be included in the WPAP application package. Key Understanding: • The City will be responsible for obtaining any rights of entry (ROE)for the locations. • The City is responsible for locating existing City utilities. • All sites are accessible for a drill truck and vacuum truck. • The City is responsible for permitting fees. • The City is responsible for providing a check payable to Texas Commission on Environmental Quality, as part of the WPAP application. • The City is responsible for providing an Inspection, Maintenance, Repair, &Retrofit Plan for proposed permanent BMPs 2.0 30% Preliminary Design Phase Services Consultant will provide preliminary design phase services for a 30% deliverable. The preliminary design phase services will include: • Preparing for and conducting a kick-off meeting; provide meeting notes. • Compiling and reviewing the existing site information. • Performing a site visit on the same day as the kick-off meeting. • Reviewing the 2D hydraulic model provided by the City for conformance with observed existing conditions and Atlas 14. • Prepare plan view drawings showing the proposed alignments in PDF format. The plans will include the following: o Proposed stormwater with dimensions to ROW o Proposed wastewater with dimensions to ROW o Proposed water with dimensions to ROW o Existing utilities, surface features, ROW, property lines, and easements, if any Key Understanding: • The City will provide the two-dimensional hydraulic model. • The City will provide the model geometry and other associated files. • The City will provide the Report documenting model results. • The City will provide the GIS files for inundation exhibits 3.0 60% Design Phase Services Consultant will provide preliminary design phase services for a 60% design deliverable. The preliminary design phase services will include: • Preparing general, civil, roadway, water and wastewater, sidewalk and pedestrian access, and drainage plans. The scope of work has been developed assuming the following lengths: o Up to 700 linear feet of drainage improvements o Up to 1,000 linear feet of wastewater improvements o Up to 1,500 linear feet of water improvements • Preparing paving plan for: o Asphalt concrete pavement replacement limits o Mill and overlay; o Sidewalk, pedestrian ramp and driveway reconstruction where required due to utility line service improvements, and; o Intersection striping notes for up to four(4) intersections. • Preparing traffic control plans and standard details. • Preparing miscellaneous details, including the use of City or TxDOT standard details for pavement repair, base repair, and traffic control details. • Preparing Erosion and Sedimentation Control Plan. • Preparing detail for outfall at Lake Creek • Running a 1 D hydraulic model to confirm that the proposed drainage improvements comply with the goals of the project. • Inserting and running the approved drainage features into the 2D hydraulic model to confirm conformance with the project goals. • Preparing specifications. • Preparing an Opinion of Probable Construction Cost(OPCC). • Meeting/coordination with City to review 60% design. Key Understanding: • Design Files will be completed using MicroStation or AutoCAD and will be converted to AutoCAD at completion of design. 4.0 Final Design Phase Services Consultant will provide final design phase services. The final design phase services will include: • Prepare 90% complete general, civil, roadway, water and wastewater, sidewalk and pedestrian access, and drainage plans. The scope of work has been developed assuming the following lengths: o Up to 700 linear feet of drainage improvements o Up to 1,000 linear feet of wastewater improvements o Up to 1,500 linear feet of water improvements • Updates to paving plan for: o Asphalt concrete pavement replacement limits o Mill and overlay; o Sidewalk and pedestrian ramp reconstruction where required due to utility line service improvements, and; o Intersection striping notes for up to four(4) intersections. • Preparing miscellaneous details. • Preparing Erosion and Sedimentation Control Plan. • Finalize outfall detail to Lake Creek • Preparing specifications. • Providing an update to the Opinion of Probable Construction Cost(OPCC). • Meeting/coordination with City to review 90% design. • Coordination with utility companies. • Insert final features to confirm the approved drainage features into the 2D hydraulic model to confirm conformance with the final project goals. This model will be submitted to the City as a final product. • Submit sewage collection system plan to TCEQ for approval given the improvements are in the Edwards Aquifer Recharge zone. Prepare 100%complete (bid set documents)general, civil, water and wastewater and drainage plans. • Prepare bid set documents including contract documents, plans, and specifications. • Providing a final update to the Opinion of Probable Construction Cost(OPCC). Key Understanding: • The City will be responsible for obtaining any temporary or permanent easement for the sites. • Design Files will be completed using MicroStation or AutoCAD and delivered to the City in AutoCAD format. • Traffic Control phasing will not require more than two phases, and/or 3 steps per phase • General construction notes will be included to require the contractor to prepare, implement, and maintain a Stormwater Pollution Prevention Plan (SWPPP), as required. • Any required permit fees will be paid for by the City. 5.0 Bidding Phase Services Consultant will provide bid phase services including: • Attend up to one(1)City Council Meeting • Determine final quantities and prepare Bid Form (3000 Form) referencing the City's standard specifications and/or other special specifications. • Coordination with City. • Responding to questions, as required. • Preparing addenda, as required. • Participating in one(1) pre-bid meeting. • Attending bid opening. • Evaluating bids and recommend award. • Preparing conformed documents. Key Understanding: • The project will be bid as one project. • The City will pay advertising costs. • The City will distribute construction contract documents to prospective bidders. • The City will prepare the notice to proceed. • The City will prepare the front end for the conformed documents. 6.0 Construction Phase Services Consultant will provide the following construction phase services: 0 Attend (1) preconstruction meeting. • Coordination with City. • Coordination/response to Contractor questions. • Attend up to twelve(12) progress/coordination meetings with the City/Contractor. • Attend up to twelve (12) construction observation meetings at the project site in conjunction with progress meetings. • Review up to twelve(12) pay requests at progress meetings. • Evaluate and respond up to thirty (30) construction material submittals and shop drawings. Corrections or comments made by the Consultant on the shop drawings during this review will not relieve Contractor from compliance with requirements of the drawings and specifications. The check will only be for review of general conformance with the design concept of the project and general compliance with the information given in the contract documents. The Contractor will be responsible for confirming and correlating all quantities and dimensions, selecting fabrication processes and techniques of construction, coordinating his work with that of all other trades, and performing his work in a safe and satisfactory manner. Consultant's review shall not constitute approval of safety precautions or constitute approval of construction means, methods, techniques, sequences, procedures, or assembly of various components. When certification of performance characteristics of materials, systems, or equipment is required by the Contract Documents, either directly or implied for a complete and workable system, Consultant shall be entitled to rely upon such submittal or implied certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. • Respond up to eight(8) RFls regarding the construction contract documents. • When authorized by the City, prepare up to one (1) change order for changes in the work to include up to five(5)sheet revisions per change order. • Provide substantial completion walk-thru and prepare punch list. • Provide Engineer Acceptance Letter based on the City's final project walk-through. • Prepare record drawings based on red-lined drawings provided by the Contractor. • Consultant will conduct a final project walk-through. Key Understanding: • Consultant will not review or approve monthly or final pay requests. • Consultant will only provide one (1) substantial completion walk-thru. • Consultant will not review or approve project closeout documentation. 7.0 Project Deliverables The following will be submitted to the City, or others as indicated, by the Consultant: • PDF of the Kick-off Meeting notes. • PDF of draft and final wetland delineation report. • PDF of pre-construction notification (PCN) package for a Nationwide Permit (NWP). • PDF of the letter documenting the cultural resources findings. • PDFs of the 30%, 60% and 90% plans and specifications with opinion of probable construction cost. • PDF and three(3) half-size (11"x17") copies of the final (bid set) plans and specifications with opinion of probable construction cost. • PDF and three (3) half-size (11"x17")copies of the conformed set of plans and specifications. • PDF and one (1) half-size (11" x 17") copy of Record Drawings. • Record drawings will be provided in dwg format. Shape files will be provided for proposed utilities. • Consultant Acceptance Letter. 8.0 Extra Work The following items are not included under this agreement but will be considered as Extra Work. Extra Work will be as directed by the City in writing for an additional fee as agreed upon by the City and the Consultant. 1. SCADA Programming or Integration. 2. TxDOT coordination. 3. Materials testing. 4. Preparation of easement descriptions or land acquisition assistance. 5. Subsurface Utility Exploration (SUE), except as noted above 6. Design of utilities and roadway outside the project limits identified on the attached exhibit. 7. Design of full pavement reconstruction, pavement profiles, curb and gutter, curb, valley gutter, and/or sidewalk, except as noted above. 8. Improvements related to ADA compliance and/or City standards for ramp and sidewalk ADA compliant configurations other than those which overlap with utility reconstruction. 9. Operational audit/optimization. 10. Water testing. 11. Funding assistance. 12. Fees associated with any construction permits. 13. Construction observation except as noted above. Does not include geologic assessment/void observation. 14. Warranty assistance. 15. Redesign for the Owner's convenience or due to changed conditions after previous alternate direction and/or approval. 16. Attend more than 1 City Council meetings. 17. Development of more than one (1) change order. Extra Work will be as directed by the City in writing for an additional fee as agreed upon by the City and Consultant. ATTACHMENT: Greater Round Rock West Drainage Analysis Map EXHIBIT C WORK SCHEDULE Discounting unforeseen conditions and circumstances beyond GARVER's control, and the time associated with City and City review, GARVER shall complete the work in accordance with the following estimated schedule: Description .n in Calendar Days Survey and Geotechnical Services 90 days following NTP SUE Services 120 days following NTP 30% Preliminary Design 60 days following receipt of survey and geotechnical information Environmental Services 60 days following 30% Preliminary Design 60% Design Phase 45 days following approval of 30% preliminary design Final Design Phase 90% Design Phase 45 days following approval of 60% design phase 100% Design Phase 25 days following approval of 90% design phase Bid Phase Services 75 days following receipt of permits and approval of 100% design _ Construction Phase Services 12 months (estimated) following NTP EXHIBIT D City of Round Rock Stormwater RR West Area 3 System 6 and 7 FEE SUMMARY Lump Sum Fee Basic Services Section Estimated Fees TASK 1.0 Survey, Geotechnical, Subsurface $ 133,403.00 Utility Investigation and Environmental TASK 2.0 30% Preliminary Design Phase $ 28,070.00 Services TASK 3.0 60% Design Phase Services $ 82,752.00 TASK 4.0 Final Design Phase Services $ 57,501.00 TASK 5.0 Bid Phase Services $ 11,305.00 TASK 6.0 Construction Phase Services $ 37,034.00 Subtotal for Basic Services Section $ 350,065.00 Additional Services Section Estimated Fees TASK (Number - Description) $ - Subtotal for Additional Services Section $ - Total All Services $ 350,065.00 l EXHIBIT D City o/Round Rock Stormwafer RR wast Arae 3 All Tasks DNlwra:.w CNY-Read CNi-wwrwxbwa i,,',I WORI(TASK DESCRIPTION E-6 E-8 EJ E-3 E-1 6t EJ E-3 E-2 E-1 T-J EJ E-1 .1 X-2 PJ P-3 P-2 11 1 GA k SUBCON6ULTW Basic Services Seeeon 1. TK 1.0 burs• G—A,Sab•udap W In atlpn and EnNramm•nW l.l.iSb Save 1 4 4 $1,1% 530482 112 N•bs and RwM DMc 1 4 5613 13 G•d.cMe•I Semen 1 1 2 K19 f9,280 1]BWauhu Im 1 1 2 2 $9o7 321901 14 EmYoro S— So (.o MY'ha tfi 30 E6,862 Vhbm a IF U6 DeYnxton uel hrmi8 Malkr 20 10 E4.810 NYbra 10 16 f3.812 USACE PCN 2 b 24 310.846 CWval R.wmcx to 0.abo rerUw Mmrc Ube Wcdbaal reaouraa 2 18 d 33,718 Madwed aM EnWn re0 S 7D E..rtirw .r.mbm�wYw d e 10 s2a46 Wd•r P.-- 32 36 48 Is $17,392 ss.dm d - d Sews Cdbdbn 6 Pkn 14 14 20 6 $1,136 Oul Contrd Review 8 24 8 f5,n8 Ensironmenml 0 0 0 0 0 4 0 46 60 88 22 3 10 • m 12 0 110 W 358,309 $67,003 2. TASK 2.0 30•.3%—i n p Service. 30 aM CaNr1 K0YmR aM Im1Yl 2 2 4 (1,300 P•Kdmwvba 2 Z 2 2 $1180 am r•vw•r db bfiormatlw 2 2 4 e $2,fi Rwbwma 2D Jlp moa•I 10 40 $0,580 n R.n Vlaw Dm a Uft. 2 4 12 2 8 29 12 2 4 12 $10.508 O Calla R•vbw 8 2 2 4 B 54.478 SO $0 UI—al-TASK 2.0 W%%e m-Dxg.Pba•e S•rdcas 10 10 2 b ♦ 11 12 2 0 to M ID a 14 20 0 0 0 0 0 we'.. 30 3. TASK 3.0 a0% PRa•.S• SO Pr•parinp Pn•rtl,cNY,roaday,wales W madbvabr,aldew•k,all dmin•q pbro. B 18 32 6 16 2a $12,282 P—Ift pavnp pbn br INI•nd ow y YKmdinp *e U^n alrpry mlas br up b bur 5 u a z+ a1o49fi /41 Yrla.clmm. Praparipba6r camd plvn and ahMaN bbd.. 0 16 m 24 $13,304 Prapermpmuepaneous bbYs,mcYdY9 0r use a CYy m T MT slenhM labia br 2 4 a 2 4 18 5 2 4 8 $7.052 v,6ax r r,all IMRc comral tleb6. Preparing ErxionaM Sedmemepon CgMoiPhn. 8 12 40 16 Ea.4n Rv a 1D drybauk rrobl to coMrm and Me wopose0 bamq irrorovemenb corryly 6 10 40 S7S28 wM Or 6oltlx o RUwdO all runm0 tlL appovM Nan•Oe Ixnaea irm Or 2D bySaWc iroda m corhm 12 w E9,13fi wrrombree wlma»waedoar. 1 4 9 4 8 33,600 %p•rYaw OpYbn ofProWbb Corlabldbn Cod f0P0D). 2 4 2 4 E1660 coorarotbnwtll mmdw fiOX 2 2 2 31162 Du•� cmma Rwbw a 2 4 a 4 4 4 a a?ego 30 SUb—I-TASK 5.06M—e POax Serdces 11 10 16 00 70 40 4 24 K 1% n m 38 M 0 0 0 0 0 3ffi.762 w ♦ TASK 40 Flnd Desi n PM1•x$VNcx prepare 80X conplab penraL civil,rxd—wdw ab wsab 1.—k ab dr.-w 4 6 18 4 a 16 $6.712 Pnrorna PvmO pbn br mtll all owhY.Yr:ludlnp Ylbrxctlon atrara rob br up m bn 4 �. 4 8 20 18 f6,02d 1"-.track col pbro ell st•rd.M bbd.. 4 12 b 15 $7.— Prep•rn0 miw•Ynwm dda6. 2 4 a 2 a 4 2 4 e SS.OH p Eroabn all S.dnerYOon Cohol Pbn. 4 6 20 8 Prepar'ap spwAOEwm. 1 2 8 4 8 39.718 Prwid4g x Wdab m th OpYJw d Probda Cornmctbn Coal(OPCCI. 2 1 d 1 2 4 31,660 beebglcwdna5on wYR Cityb revbw 9M% w 2 2 5934 LowtlroOonwN Wly cwrgws. 2 8 4 a (2,916 Irwd Real M1aRY•.b wrf m 1M apwovetl tra1roP IeaOew Mo IM 2D IOWabb nc0el m wrRm conbmmne wYR tlb Rml pro3ac10o•k.Tlia mpdN wk b eWndbd ro tlr CM ase a 24 f8,654 Rroi poll 1 Coodinabsewa0acobobn.ydempbnl•TCEO 2 4 3630 RePr.1 W%cOmplM•ryk a•t docurrUnb)P-1.-1,wdw and waabwabr all drama0. 2 8 12 1 4 6 U.W q.n. OiO Mtlocwn,if cOrtrad 600mnh. .aM 1 0 B 1 4 a 52982 ProriOYpaflnV ipO,labtlr COtbndRdaW CaWudbn COM(�PCCI. 2 { 2 4 St,fi80 0—ftCaSrd R-v 1 2 4 e { 53,079 ZD EObeoYl-TASK{0 Final0.slpn Phw SarWor { 8 15 M 82 62 { t2 Y 7e Y H Y Y 0 0 0 0 0 567,801 W 6. TASK 0.0 Bib Fluty SVWw fo PtlmtlWbll/C81'CourcJ'MaWq 2 2 $W2 CoordrMM a+N Cy. 4 $912 W as rwpiw. 2 e 2 8 12 2 a ss.32a RpemO tlW W.as rpuaE. 2 2 a e szwz Parva orw 11 a2M 1 1 s�08 Ptlargpq OM aped 1 sna Evakutaq a0a arM nconnlarq avYB. 1 5280 RePOM cadomrd Ovcvnwnk. 1 2 4 5gjg 0 COraol Raviww 2 5560 SOkbhl-TASK 0.0 Bk PBaM SMNM { 6 ] 0 12 0 2 B =. =F—=12 0 l B 8 0 0 0 0 0 511,30fi SO e. T451 m conaBlcean Pnw s.w:« PBa1u 1) mtruc0on Z 2 50.ga cw,ae.mn w5n cr7. 1 { f1=8 CowbMbN m Cabacb,gwatbro. 2 18 2 a $a4u Ptlaq yibMwMa 121 wo,OMOon msaM tlls or4acW. 2 2 < 12 $3,M WIT;; Ptl4M W to OwAv(12)wmOUNw d»n,a0an^ae0nP,OIM a4s. 2 3 0 { 52.534 Whew W b1vwN4(12) I 4 �p Wvwx BWnbak 2 4 20 2 e 20 4 18 S10,t 78 ResOa,Mbupm0.(8)RFls r00 d%tle Co,n01,c0an w,eM Oocinwnb. 4 18 4 8 30.232 Wlrn autlbrua0 iMC ,pnpaea 1pmona(1) aWrbr dr MNa wh 2 4 e 16 2 4 S4,7Y Provtle subsOWelwmplsOsnwWtivuaM preen Pu bt. e e 5z.4on ProWa nca Letla OaMOan tlM ekul wak 1 2 P •n0a0 BaseO on redlns0 M ba0 tlN Corgrbr 2 4 a 1 4 0 $3,169 D rCaOd RwYw $U f0 S—.1-TASK SA ConeOucOOn Phase Services 4 6 2S 0 71 b 2 A 0 20 0 2B Y 8 0 0 0 0 0 5371030 f0 Prol«t Totals 42 47 10 114 216 144 14 118 tY US 1Y e5 tea t24 24 12 0 110 as f2&.Oa1 Sfi7,003 3 1 1 EXHIBIT E Certificates of Insurance Attached Behind This Page AC n ® FDATE(MM/DD/YYYY) C" CERTIFICATE OF LIABILITY INSURANCE 1/5/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Stephens Insurance, LLC NAME: 111 Center Street, Suite 100 AIONIJ Ext: 1-800-643-9691 FAX Little Rock, AR 72201 E-MAIL {A C,No):501-377-2317 _ _ ADDRESS: INSURENS)AFFORDING COVERAGE NAIC# www.stephensinsurance.com INSURERA: Charter Oak Fire Insurance Company A++X\/) 25615 INSURED INSURER B: Travelers Property Casualty Co of America A++X 25674 Garver LLC INSURER C: Travelers Casualty Ins Co of America A++X 19046 13750 San Pedro Suite 350 INSURER D: Starr Surplus Lines Insurance Company A X _13604 San Antonio TX 78232 INSURER E: Tokio Marine Specialty Insurance Company 23850 INSURER F: Underwriter at Lloyd's AA-112010 COVERAGES CERTIFICATE NUMBER: 66135860 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. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDDMIYY MM/DD/YYYY A �/ COMMERCIAL GENERAL LIABILITY P-630-1G052988-COF-21 7/1/2021 7/1/2022 EACH OCCURRENCE $2000000 _ CLAIMS-MADE ❑✓ OCCUR PREM SES Ea occurrence $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $12000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY V'PE0 [::] LOC PRODUCTS-COMP/OP AGG I$4000000 ✓ OTHER -0-Deductible $ A AUTOMOBILE LIABILITY 810-1N886537-21-43-G 7/1/2021 7/1/2022 EOMBINI aaccidentSINGLEUMIT $1,000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ ✓ AUTOS ONLY V( AUTOS ONLY Per accident $ B `/ UMBRELLA LIAB �/ OCCUR CUP-6J09853A-21-43 7/1/2021 7/1/2022 EACH OCCURRENCE $10,000,000 V/ EXCESS LIAB CLAIMS-MADE AGGREGATE s 10,000,000 DED ✓I RETENTION$10000 5 C WORKERS COMPENSATION UB-7K425966-21-43-G 7/1/2021 7/1/2022 V STATUTE ER AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N] NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1 ,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional Liability-Claims Made 1000634123211 7/1/2021 7/1/2022 Each Claim $2,000,000 Including Pollution Liability Full Prior Acts applies. Aggregate $2,000,000 E Contractor's Pollution Liability 80915866 7/1/2021 7/1/2022 Occurrence&Aggregate $2,000,000 F Maritime Em to er's Liability PSR083498 1 7/1/2021 7/1/2022 Combined Sin le Limit $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) See Attached RE:Eng Serv.Contract:0199.202112;00471650/Garver Project:21 WO7130 CERTIFICATE HOLDER CANCELLATION Eng Serv.Contract:0199.202112;00471650/Garver Project:21WO7130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Round Rock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 221 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Round Rock TX 78664-5299 AUTHORIZED REPRESENTATIVE Ted Grace J ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 66135860 1 2021 with Prof- $2M/$2M (Stephens Template) I Jay Summerday 1 1/5/2022 3:43:26 PM (CST) I Page 1 of 2 AGENCY CUSTOMER ID: _ LOC#: ,d►c`oRo® ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Stephens Insurance,LLC Garver LLC 13750 San Pedro POLICY NUMBER Suite 350 San Antonio TX 78232 P-630-1G052988-COF-21 _ CARRIER NAIC CODE Charter Oak Fire Insurance Company A++X 25615 EFFECTIVE DATE:7/1/2021 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE:Certificate of Liability(03/16) HOLDER: City of Round Rock ADDRESS:221 East Main Street Round Rock TX 78664-5299 The following policy endorsements apply to the Certificate Holder and other named person or organization if you have agreed in written contract: Certificate Holder is an Additional Insured on the General Liability per Blanket Endorsement CGD414 and Primary & Non-contributory basis by Blanket Endorsement CGD037 Includes Completed Operations. Certificate Holder is an Additional Insured on a Primary & Non-contributory basis per Blanket Auto Endorsement CAT474. Certificate Holder is an Additional Insured under the Umbrella policy on a Primary & Non- contributory basis per the follow form wording. Waiver of Subrogation applies in favor of the Certificate Holder under the General Liability by Blanket Endorsement CGD379. Waiver of Subrogation applies in favor of the Certificate Holder under the Automobile by Blanket Endorsement CAT353. Waiver of Subrogation applies under the Umbrella per follow form wording if required by written contract. Waiver of Subrogation applies in favor of the Certificate Holder under the Worker's Compensation by Blanket Endorsement WC000313. Form WC420304 Texas. Form WC9903J9 Kansas. WC430306 Utah. Waiver of Subrogation applies in favor of the Certificate Holder under the Professional Liability. This is provided within the Starr Professional Liability policy form. 30 day notice will be provided to the Certificate Holder in the event of Cancellation, Non-renewal, Material Change per Blanket Endorsement ILT804-General Liability & ILT354 (03/98) on the Automobile. Notice of Cancel, Non-renewal, Material Change will be sent per WC Blanket Endorsement WC9906R5. Notice of Cancel, Non-renewal and Reduction of Limits will be provided by the Professional Liability Carrier per Blanket Endorsement. Notice of Cancel for non-payment of premium is provided if Certificate Holder is specifically endorsed to the Professional Liability policy (Endt to be attached with this certificate if applicable) . *** (Notice of Cancel for non-payment of premium will not be provided to the Certificate Holder by Travelers Ins. Co. (applies to the General Liability, Automobile Liability and Umbrella policies) . Valuable Papers is provided under policy P-630-1GO52988-COF-21 shown above with a limit of $500,000. General Liability policy form CGTO01 includes Severability (Separation) of Interest (Insured's)Clause and includes Work within railroad by endorsement CG D3 79. Worker's Compensation Policy includes coverage for USL&H exposures without endorsement to the policy per endorsement WC000106. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT 66135860 1 2021 with Prof- $2M/$2M (Stephens Template) i Jay Summerday 1 1/5/2022 3:43:26 PM (CST) i Page 2 of 2