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Contract - Aguirre & Fields, LP - 6/13/2024
ROUND ROM TEXAS CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: AGUIRRE & FIELDS, LP ("Engineer") ADDRESS: 12708 Riata Vista Circle, Suite A-109,Austin,TX 78727 PROJECT: South Mays Wall Stabilization THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the a day of , 2024 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 Rev.02/22 0199.202424;4864-2531-6793 4879-8103-9872;00192831 IZ-2024- 1,4 k I CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto(which exhibits are hereby incorporated into and made a part of this Contract)and all Supplemental Contracts(as defined herein in Article 13)which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled"City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled"Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost.The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review rimes or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time,which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule,then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract,without modification of the Contract as provided herein, is the sum of Two Hundred Forty-One Thousand Four Hundred Eighty-Four and 02/100 Dollars ($241,484.02) as shown in Exhibit D. The lump sum amount payable shall be revised equitably 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 D. Progress payments shall be made by City based upon Engineering Services actually provided and performed.Upon timely receipt and approval of each statement,City shall make a good faith effort to pay the amount which is due and payable within thirty(30)days.City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve 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: Greg Ciaccio Project Manager 3400 Sunrise Road Round Rock, TX 78665 Telephone Number(512)218-7017 Fax Number N/A Email Address gciaccioAroundrocktexas. oovv 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: Ryan J. Williams Structures Group Lead 12708 Riata Vista Circle, Suite A-109 Austin,TX 78727 Telephone Number(512) 609-1516 Fax Number N/A Email Address ryan.williamsAaguirre-fields.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 famished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract(including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law,City shall hold harmless Engineer from all claims,damages,losses and expenses, resulting therefrom.Any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract.Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract,Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing,using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer,the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL,EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required.All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract,or will obtain such personnel from sources other than City.Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it,shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract,and any increased costs arising from Engineer's default,breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty(30)days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer.In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering Services completed 9 at that time.Should City terminate this Contract under Subsection(4)immediately above,then the amount charged during the thirty-day notice period shall not exceed the amount charged during the preceding thirty(30)days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City,the reasonable and necessary cost to City of employing another firm to complete the Engineering Services required and the time required to do so,and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations,then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable state,federal and local laws,statutes, codes,ordinances,rules and regulations,and the orders and decrees of any court,or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) As required by Chapter 2271, Government Code, Engineer hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel' means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli- controlled territory,but does not include an action made for ordinary business purposes. (3) In accordance with 2274,Texas Government Code,a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for value of at least One Hundred Thousand and No/100 Dollars($100,000.00)unless the contract has a provision in the contract verifying that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2)will not discriminate during the term of the contract against a 10 firearm entity or firearm trade association. The signatory executing this Contract on behalf of the Engineer verifies Engineer does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and it will not discriminate during the term of this Contract against any firearm entity or firearm trade association. (4) In accordance with 2274,Texas Government Code,a governmental entity may not enter into a contract with a company with at least ten(10)full-time employees for a value of at least One Hundred Thousand and No/100 Dollars($100,000.00)unless the contract has a provision in the contract verifying that it:(1)does not boycott energy companies;and(2)will not boycott energy companies during the term of this Contract. The signatory executing this Contract on behalf of Engineer verifies Engineer does not boycott energy companies, and it will not boycott energy companies during the term of this Contract. (5) Taxes. Engineer will pay all taxes,if any,required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales,Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold City harmless from all liability for damage to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Engineer, Engineer's agent, or another entity over which Engineer exercises control. Engineer shall also save and hold City harmless from any and all expenses,including but not limited to reasonable attorneys' fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City to the extent resulting from such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors,omissions,or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. 11 ARTICLE 25 NON-COLLUSION.FINANCIAL INTEREST PROHIBITED (1) Non-collusion. Engineer warrants that he/she/it has not employed or retained any company or persons,other than a bona fide employee working solely for Engineer,to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,commission,percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or,in its discretion and at its sole election,to deduct from the contract price or compensation,or to otherwise recover,the full amount of such fee,commission,percentage,brokerage fee,gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,his/her/its officers, employees, agents, consultants and subcontractors will have no financial. interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and otherwise acceptable to City.Engineer shall also notify City,within twenty-four(24)hours of receipt,of any notices of expiration,cancellation,non-renewal,or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26,Section(1)above,including the required provisions and additional policy conditions as shown below in Article 26, Section(3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Engineer shall notify City thirty(30)days prior to the expiration,cancellation,non-renewal in coverage, and such notice thereof shall be given to City by certified mail to: 12 City Manager, City of Round Rock 221 East Main Street Round Rock,Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City,to any such future coverage,or to City's Self-Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled"Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto,their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract,in whole or in part,by operation of law or otherwise,without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid,illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. 13 ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephanie L. Sandre City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Ryan J. Williams Structures Group Lead 12708 Riata Vista Circle, Suite A-109 Austin,TX 78727 Telephone Number(512)609-1516 Fax Number N/A Email Address ryan.williamsAaguirre-fields.com ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. The Services shall be performed expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services 14 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. Any determination to withhold or set off shall be made in good faith and with written notice to Engineer provided, however, Engineer shall have fourteen(14)calendar days from receipt of the notice to submit a plan for cure reasonably acceptable to City. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering,consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals,bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion,judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion,judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and 15 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. [signature page follows] 16 AGUIRRE&FIELDS, LP r. Q By: �Sf.�Y' /�buVm Y Signature of Principal Printed Name:Oscar R. Aguirre, P.E. President of Aguirre, LLC - General Partner 05/01/2024 17 CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: cl m P Craig M Agan, ror tep nie L. Sandre,�Cityttorney ATTEST: B Meagan Spinks ty Clerk 18 LIST OF EXHIBITS ATTACHED (1)Exhibit A City Services (2)Exhibit B Engineering Services (3)Exhibit C Work Schedule (4)Exhibit D Fee Schedule (5)Exhibit E Certificates of Insurance 19 EXHIBIT A City Services The City will provide the following items/information for the ENGINEER under this agreement: 1. All available existing as-built plans,construction documents,and maintenance documentation for the S. Mays St. "Immortal Ten" Bridge. 2. Access to the project site for the ENGINEER as needed. 3. Meetings with the ENGINEER as needed. 4. Timely reviews,comments,and decisions necessary for the ENGINEER to maintain project schedule. 5. Assistance with utility coordination. 6. Construction observation and review of contractor pay applications and progress. 7. Assistance with coordination between the ENGINEER and selected contractor including contractor submittals, requests for information(RFIs),shop drawings,and correspondence. EXHIBIT B Engineering Services The objective of the South Mays Wall Stabilization project is to reduce movement and settlement of existing retaining walls on the south end of the South Mays Street Bridge to allowable levels per available AASHTO and FHWA guidance. Aguirre & Fields, LP (the ENGINEER) will serve as the prime consultant and provide structural engineering services to produce a complete bid package. Foresight Planning&Engineering Services, LLC will provide geotechnical engineering services. The proposed engineering effort shall include appropriate investigation and analysis to produce the following bid documents: ■ Project Layout ■ Grouting Layout&Details ■ Grouting Specification ■ TCP Plans(as needed per repair procedure) ■ SW3P Plans(as needed per repair procedure) ■ Estimated Quantities ■ Special Details to Further Improve Sliding Resistance(if needed per geotechnical analysis) The detailed scope of work is as follows: 1. Prime&Structural Engineering a. Design L Project Management&Contract Administration 1. Monthly Progress Reports& Invoicing 2. Site Visits 3. General Coordination&Meetings 4. QA/QC Review ii. General Plans 1. Title Sheet 2. Index of Sheets 3. Project Layout iii. Traffic Control Plans, Detours,Sequence of Construction Plans(TCP) 1. Summary of TCP Quantities 2. TCP Narrative 3. TCP Layout 4. Crash Cushion Summary Sheet, if applicable 5. Identify Standard Details iv. Stormwater Pollution Prevention Plans(SW3P) 1. Summary of SW3P Quantities 2. SW313 Layout 3. Identify Standard Details v. Wall Stabilization Plans 1. Summary of Wall Stabilization Quantities 2 2. Compression Grouting Layout 3. Compression Grouting Details 4. Wall B Layout&Typical Section (H:1"=50' and V:1"=10') 5. Wall B Soil Nail Layout(H:1"=10'and V:1"=10')(Double Banked) 6. Wall D Layout&Typical Section (H:1"=50'and V:1"=10') 7. Wall D Soil Nail Layout(H:1"=10'and V:1"=10')(Double Banked) 8. General Soil Nail Details 9. Coordination with Geotechnical Engineer to Incorporate Soil Nail/Compaction Grouting Details vi. Specifications and General Notes 1. Identify Specifications&Develop Special Specs(Compaction Grouting) and Provisions 2. Prepare General Notes b. Construction Phase Services i. Contract Administration 1. Monthly Progress Reports& Invoicing ii. Bid Phase 1. Attend Pre-Bid Meeting 2. Answer Questions During Bid Period 3. Prepare Addenda to Plans iii. Construction Phase 1. Attend Pre-Construction Meeting 2. Attend Construction Meetings 3. Attend Field Meeting 4. Review Submittals/Shop Drawings 5. Provide Minor Redesign 6. Respond to Request for Information 7. Prepare Record Drawings c. Direct Expenses 2. Geotechnical Engineering a. Design i. Geotechnical Testing and Investigation-Additional 2 Borings 1. Stake Borehole 2. Utility Clearance(TX811) 3. Traffic Control Coordination 4. Drilling/Collecting samples (Logging) 5. Review Field Logs and Assign Laboratory Testing 6. Meetings and Field Coordination ii. Pre-Analysis Process 1. Develop Draft Bore Logs 2. Laboratory Data Review 3. Revise and Finalize Bore Logs 4. Develop Lab Summary Table iii. Analysis Process-Retaining Wall 3 1. Develop Soil Parameters Table 2. Retaining Wall Global and External Stability Analyses 3. Retaining Wall Settlement Analysis iv. Geotechnical Report 1. Review Existing Data(As-Builts, Fugro Report) 2. Preparation of Draft Geotechnical Reports 3. Preparation of Final Geotechnical Reports v. Full details for Repair(Mitigation and Permanent) 1. Develop permanent(longterm)calculations,details and cost estimates 2. Coordinate with Atkins and CTRMA on final plan development for letting vi. Retaining Wall Design Remediation Design Package 1. Develop Draft Design Package 2. QC 3. Final Design Package vii. Administrative 1. Meetings and Misc. Coordination 2. Invoicing b. Construction Phase Services i. Attend Preconstruction Meeting ii. Attend Field Meetings iii. Review and Approve Shop Drawings&Grouting Plan iv. Respond to Requests for Information(RFIs) v. Provide Inspection Support(Verification of initial conditions,construction supervision) vi. Providing Minor Redesign c. Geotechnical Testing i. Soil Boring/Rock Coring without TCP(<60') ii. Borehole Grouting-Bentonite Chips iii. Core/Drill Operator and coring equipment used to drill flexible and rigid pavement (2man crew)6" dia. iv. Core Repair/Patch Asphalt Cold Mix v. Determining Moisture Contents in Soils vi. Atterberg Limits(Determining Liquid Limit,Plastic Limit) vii. Calculating Plasticity Index of Soils viii. Particle Size Analysis of Soils ix. Determining the amount of material in soils finer than the 75 micrometer(No. 200) Sieve x. Determining Sulfate Content in Soils-Colorimetric Method xi. One Dimensional Consolidation Properties of Soils xii. Direct Shear of Soils Under Consolidation Drained Conditions xiii. Consolidated Undrained(CU)Triaxial Compression Test for Undisturbed Soils- Multiple Change xiv. Unconfined Compressive Strength(Soil) d. Direct Expenses 4 EXHIBIT C Work Schedule Attached Behind This Page Prime Provider: Aguirre&Fields EXHIBIT C City of Round Rock Work Schedule South Mays Wall Stabilization ID Task Task Name Duration Start Finish Predece Half 1,2024 HaH 2,2024 Half 1,2025 Half 2,2025 MOde _ F M M A N 1 F A M 1 CoRR South Mays Wall Stabilization 376 days Fri 4/5/24 Tue 9/30/2S 2 Project and Contract Setup 40 days Fri 4/5/24 Fri 5/31/24 3_ a►i 4 �� Preparation Activities 20 days Mon 6/3/24 Fri 6/28/24 2 5 !y Data Collection and Field Reconnaissance 14 days Mon 7/1/24 Fri 7/19/24 4 6 7 Ir. Analysis 15 days Mon 7/22/24 Fri 8/9/24 5 8 q4 Draft Geotechnical Report 15 days Mon 8/12/24 Fri 8/30/24 7 9 W. City Review 9 days Tue 9/3/24 Fri 9/13/24 8 10 a► Final Geotechnical Report 10 days Mon 9/16/24 Fri 9/27/24 9 11 a► � 12 1 60%Design 20 days Mon 9/30/24 Fri 10/25/24 10 13 a! City Review 10 days Mon 10/28/24 Fri 11/8/24 12 14 W! 90%Design 18 days Mon 11/11/24 Fri 12/6/24 13 15 Not City Review 22 days Mon 12/9/24 Fri 1/10/25 14 16 El Final PS&E Submittal 15 days Mon 1/13/25 Fri 1/31/25 15 17 w Final Review and Letting 41 days Mon 2/3/25 Mon 3/31/25 16 +1 18 or. 19 or. Mobilization 24 days Tue 4/1/25 Fri 5/2/25 17 20 ir- Construction 39 days Mon 5/5/25 Fri 6/27/25 19 21 Omt Final Inspection and Approval 4 days Mon 6/30/25 Thu 7/3/25 20 22 WA Termination Date 0 days Tue 9/30/25 Tue 9/30/25 21 9/30 Task Inactive Milestone Start-only L Path Predecessor Summary Task Split ,.".". Inactive Summary Finish-only ] Path Predecessor Normal Task Project:CoRR S.Mays Wall Milestone ♦ Manual Task External Tasks Progress Date:Fri 4/5/24 Summary I I Duration-only External Milestone Manual Progress Project Summary I'--1 Manual Summary Rollup Deadline + Inactive Task Manual Summary Path Predecessor Milestone Task v Page 1 of 1 EXHIBIT D Fee Schedule Attached Behind This Page EXHIBIT D STRUCTURAL&MISC ENGINEERING SERVICES FEE SCHEDULE(SPECIFIED RATE) City of Round Rock South Mays Wall Stabilization Aguirre&Fields Task Units Quantity MH/Unh PM/Senior Engineer EIT Senior CAD Admin Total TOW Engineer Technician Operator Design Project Management&Contract Administration Monthly Progress Reports&Invoicing(8 months x 1 hrx lea) Each 8 2 8 8 16 $3,216.00 Site Visits(assume 2 site visits x 2 hr x 2 ea) Each 2 4 4 4 8 $1,728.00 General Coordination&Meetings(assume I hr/month x 8 months) Each 8 1 4 4 8 $2,004.00 QA/QC Review(60gi Iwl Submittals) Each 3 12 18 18 1 36 $9,018.00 General Plans Title Sheet Sheet 1 16 2 5 5 2 r03 16 $2,783.00 Index of Sheets Sheet 1 12 4 4 2 12 $1,850.00 Project layout Sheet 1 28 4 9 9 3 28 $4,956.00 Tra is Control Plans,Detoun,Sequence of Construction Plans(TCP) Summary of TCP Quantities Sheet 1 12 4 4 2 12 $1,850.00 TCP Narrative Sheet 1 24 2 8 8 3 3 24 $4,023.00 TCP Layout Sheet 1 1 32 4 ID 10 4 4 32 $5,566.00 Crash Cushion Summary Sheet,if applicable Sheet 1 12 4 4 2 2 12 $1,850.00 Identify Standard Details Sheet 18 2 6 11 11 4 4 36 $6,499.00 Stormwater Pollution Prewittlon Plans(SW3P) Summary of 5W3P Quantities Sheet 1 12 4 4 2 2 12 $1,850.00 SW3P Layout Sheet 1 32 4 30 10 4 4 32 $5,566.00 Identify Standard Details Sheet 4 2 3 3 1 1 8 $1,240.00 Wall Stabilisation Plans Summary of Wall Stabilization Quantities Sheet 1 16 2 5 5 2 2 16 $2,783.00 Compression Grouting Layout Sheet 1 36 6 11 11 4 4 36 $6,499.00 Compression Grouting Details Sheet 1 36 6 11 11 4 4 36 $6,499.00 Wall B Layout&Typical Section(H:1"=50'and V:1"=10') Sheet 1 36 6 11 11 4 4 36 $6,499.00 Wall B Soil Nail Layout(H:1"=10'and V:1"=10')(Double Banked) Sheet 1 36 6 11 11 4 1 4 36 $6,499.00 Wall D Layout&Typical Section(H:1"=50'and V:1"=10') Sheet 1 36 6 11 1 11 4 4 36 $6,499.00 Wall D Soil Nail Layout(H:1"=10'and V:1"=1D)jDouble Banked) Sheet 1 36 6 11 IS 4 4 36 $6,499.00 General Soil Nail Details Sheet 2 32 10 20 20 7 7 64 $11,455.00 Coordination with Geotechnical Engineer to Incorporate Soil Nail/Compaction Grouting Details Each 1 0 1 4 4 $768.00 SpecHlations and General Nous Identify Specifications&Develop Special Specs(Compaction Grouting)and Provisions Each 1 16 8 8 16 $4,008.00 Prepare General Notes Each 1 8 4 4 8 $2,004.00 Subtotal S48 $114,011.00 CPS Contract Administration Monthly progress Reports&Irwoicing 16 months x I hr 2 ea) Each 6 2 6 6 12 $2,412.00 Bid Phase Attend Pre-Bid Meeting(1 mtg x 2 hr/ea) Each 1 4 2 2 4 $1,002.00 Answer Questions During Bid Period(4 ea x 1 hr) Each 4 1 2 2 1 4 $1,002.00 Prepare Addenda to Plans Each 1 8 3 3 1 1 8 $1,240.00 Construction Phase Attend Pre-Construction Meeting(1 mtg x2 hr 2 ea) Each 1 1 4 2 2 4 $1,002.00 Attend Construction Meetings(1 mtg x 1 hr 2 ea) Each 2 2 2 2 4 $1,002.00 Attend Field Meeting(2 mtg x 1 hr x 2 ea) Each 2 4 4 4 8 $2,004.00 Review Submittals/Shop Drawings(3 shops x 4 hr) Each 3 4 12 12 $2,304.00 Provide Minor Redesign(1 ea x 24 hr) Each 1 24 2 8 8 3 3 24 $4,023.00 Respond to Request for Information(4 RFIs x I hr) Each 4 1 4 1 4 $768.00 Prepare Record Drawings(30 sheets x 0.5 hr) Sheet 30 0.5 1 5 5 2 2 15 $2,474.00 Subtotal 99 $19,233.00 Total Sheets 1 40 137 245 183 68 68 14 715 $133,241.00 Contract Rate $309.00 $192.00 $123.00 $166.00 $209.00 $93.00 Total $42,333.00 $47,040.00 $22,509.00 $12,648.00 $7,412.00 $1,302.00 $133,244.00 4/5/2024 Aguirre Fields DIrea Expenses Units Quantity Rate Total Mileage Mile 80 5 0.63 $ 50.00 Summary Man-hours Direct Direct Total Labor Expenses Structural&Misc Services 715 $133,244.00 $ 50.00 $133,294.00 Total $133,294.00 4/5/2024 Aguirre Fields SUBPROVDER FEE ESTIMATE PROJECT NAME:City of Round Ronk South Mays Wall Stabllbatlon COUNTY:WU—.— (SPECIFIED RATE PAYMENT) $UBPROVDER NAME:Fonalght Planning 6 EnglnaaHng Services,LLC TASK DESCRIPTION PROJECT SENIOR PROD C ENGINE SEN R SCHEDULER SCHEDULER ENGINEER ADMW/ TOTAL COSTPER MANAGER ENGINEER ENGINEER IN SCHEDULER III VII TECH CLERICAL HRS. TASK TRNNWG 8 COSTS CO C E R HOU .4+ 155.311$ 13554111 11. DATA COLLECTION/ANALYSIS/DESIGN/Miscellaneous 1.1 GeotechNol TMIng and In—U tion-Addftlonal 2 Soil $ f e,2ee.54 slake Bwdnb 4 4 f 39145 C"varca it 4 4 f 39145 rMic CarbW CaardmYon 2 2 2 4 10 $ 1,565.16 L 20 20 $ 1,957.26 evisw Fkn L W n L T 2 2 2 6 $ 950.81 ael' s an Feld Coordirlbn 2 2 2 6 $ 950.81 1,12 n-Ma Is Process $ $ 4,640.05 aw10D"ft Sero Lop 2 12 2 6 $ 950 81 L Dab Review 2 2 2 6 $ 95061 Rev"a an Fmim Bon L 2 2 2 2 8 f 1,36944 Da Lab Sunni Teb" 2 2 2 2 8 1,389.44 +.3 s Preuss-Retalnl Wall $ f 4,22298 sal Panmabn Tab" 1 1 1 1 4 S 684.72 R W.1 G"Oel an ENemal An e• 1 4 8 13 $ 1,664.42 Reh Wal Settle— " 2 4 8 14 $ 1,87381 1A Geot*ChNpl RepOnt $ $ 9,886.83 Rav"w Da"Ae43uae,F n 4 8 6 16 $ 2,769.04 P ration of DM Ge"enlvvnl R m 3 4 12 20 39 $ 5,43947 Pro nt"n of Fml0eoleCviul Rpons 2 4 6 12 $ 1,670.11 2.1 Full dulls for n –mitt ion and perinwininil f S 13,026.55 term ntiAelion,de"le an ooa MImaW 8 16 20 a 14 $ +0,513.58 Me with A*m an CTi1M on Tnal for MM 6 6 12 $ 2,512.97 2.2 Reta1N Wall DesignRemedlatlon Deal $ $ 9,067.24 daft. -nPaaoI e 4 6 14 16 40 $ 6,012.32 OC 2 3 4 9 $ 1,719.18 JR."� 'nP 1 2 2 4 9 1,35575 ctIon Phased Servko f $ 24,060.22 ronnhuceon Mee- 2 2 4 $ 837.66 "1 2 3 3 8 $ 1,551.15 n Appmw 5 0 S G Pion 4 3 7 3 965 69 to Repeee"for lnfoo al"n RF" 3 4 6 13 S 2,47406 npwbm Swoon an5naon of it"I codl"ns,nn tylion ugerveian 8 8 32 80 128 S 15,156.74 Mno,R n 4 4 6 4 18 $ 3,014.92 1.M.1Mlsullan4Kns $ $ 7,341.79 -11.,.n.— eet' a en Mec.C_dinlion 8 10 18 $ 3,355.58 I 8 8 20 34 S 3.986.21 HOURS SUB-TOTALS 92 n 160 +80 0 0 0 to 20 SL CONTRACT RATE PER HOUR $M5AI 5M5AI $165.93 $57.14 5211.75 $155.31 $175.51 $112.57 1199.211 TOTAL LABOR COSTS $12,593.14 $15,8ISAS S".52337 1116,0511.0{ $0.00 $0.00 $0.00 14,145.14 $1,385.52 $78,472.01 $74A72.02 HOURS VLWIUTALD 0ONIRIII.RRATl PBIH0M1 $214,41 $MAI $IMA$ $AAS {711.7111 $1" 937514 $11257 $am T0TM.tAOMC01M $12ASS.M 516A/5M WSMAT $i$ASBA$ M.M $too $0.00 $$AOS" 51A" STSA72AI A5AM02 SUBPROVDER FEE ESTIMATE PROJECT NAME:City of Round Rock South Mays Wall Stabilization COUNTY:Williamson GEOTECHNICAL TESTING UNIT QUANTITY UNIT TOTAL Son BonngrRock Conrg witoout TCP(<60') t F 120 S 40.00 $ 4,80.00 Soil Borirg/Rock Gong vrm Tcp(<8') LF 0 $ 4200. $ Soil Boring Reed Corkg Mfr TCP(>60') LF 0 $ 48.00 S Bore..G.a rg-Be--Cops LF 120 $ 12.00 S 1,440.00 Cora1Dn11 Operator and m,ngeq,p,,M used to doll Iscble core/Dnn opereton end mr.g vim m adl neab.em ogld vsainvemnt Pmemsna6•d . Inch 13 S 800 208.00 . E..h 0 i 90.00 f Coro Repair/Pe-Conch -UUEond E..h 0 T 5700 Core Repsir/Petch MphsA Cold MP EA h 2 S 45.00 $ 90.00 Pezomnler-2LF 0 S 3200 S P.zome.r Compisoon end Memo - E..h 0 f 80000 i Venice)InOnollter E.ch 0 f 70000 i Veniml Inu.,ome.r Iw.Maoon E.ch 0 f Ego m i Msnhule Cover for Inckrsmeler Esph 0 250.00 S Underdoin Survey Eech 0 6 1,000.00 $ r.netar EaM 0 S S Night Dnling Sur-iga ESM 0 S 600.00 f etermnirlg Moisture I..rftihSok ESM 30 S 12.00 f 380.00 Atterbarg Lmlts(D-ornirag Lpuid Li PWtic Lme) Eech 10 f 95.00 f 95000 Cekulehlg Plestcey Imes o ESM 10 r 40.00 T 400.00 P.-to Sue Malys of Soft E..h 10 f 90.00 S 900.00 atermning the amounl of meters]s sois finer then the75 m meter(No 200)Ssve EsE..h10 f 7500 750.00 rti acle Sae Analysis of Sods Pen 2(]nclWlrg Hydrometer) E.ch 0 Detenn N Sulfate GoMaot in SIM Glion etnc Method E ch 4 f 135.00 i 540.OD Son Organic C Nt Us.g UV-v.Method EIech 0 f 190.00 6 Detennnirg Sol pH E.0 0 S 60.00 6 ore Dimansonsl Cortolideton Propert es of SOM E..h25. 2 6 500 6 1,050.00 Dynsmio Co.Penetmmetar E..h 0 $ 125.00 S Dna Sher or Soils Umar Gomolaeton Droincd Comebw set of 3 1 6 1.090.00 s Tow00 I aWmW y Compction aClerecteoistca em Mosture-0ewdy Ra.t-hp of Bess Melena E..h 0 S 3300j 0 I eiton.ktry Compedon Clerectens.s em Mosture-DemM Ra.t,mhp of Subgrade,Embankment Sol.,em R-he ...rel E..hO S 33000 S C...-Bearvg Rapp(Sng.Semplo-MD C-) Each 0 $ 390.00 i Son Lme Tsstxg-Pan 3 Each0 f 38.8 $ Detemn-V P.1-1 Venxal Rae EKh 0 f 8.00 $ Oro Dim neral Swell Melted C Each 0 6 210.00 S mum .-habng had.,(T..bhg) 0 6 3,50000 $ .Ing Weight De88ction(FWD) dy 0 S 3,00000 $ sled Undmined(CU) need Compowssn TOM for Undislurb,d Soils-Musps Change selof 2 S 1,875.8 $ 3,750 mCompressive00 Um �Orsd Shergth(Rock) EaM 0 f 188. S U--hood ComprassWe 31 Fech 6 S woo $ 51000 TOTAL GEOTECHNICAL TESTING $ 16,928.8 DIRECT EXPENSES QUANTITY I UNIT TA Lm irg/Hotel(Ts aseaea not m day/peroon o f ss.N f httos://fmx.c0a.texas.Gov/fmx/ttavelttextmveYrates/curtent0h0 Lm In Holel-Tens em Feas de/peroon 0 $ 45.8 11 Mea.Ewlwn akohl stpe Ove nistarequired) dalpersoo 0 S 55.8 S hltpn:/llmxcpa.terve gov/fmseroveNearoveVretealcurreM.php Mfke a mi. so $ 083 f 8.00 hltpe'.//Imxcpa.lane.govllmsAroveNatlroveVreteslcunant.pop SUV or ATV Rental I Wes.ses em fess;bur.nce me.vAl ncl be reinbunseclda 2 i 19500 370.8 R.MSI Car Fuel abn 54 S 5.8 f 270.8 R.msl Csr IncWec hria am fees,t sv.nce cosls+il W be n mbursed ds 0 f 1800 f Mo edan.o em Demobioaoon of R' MiNo 18 mitis loom the eke nM 1 f 600,00 f 80.8 Mobezaton em Demooluaoon d R' ops oror 18 mess horn the Ye nue 0 $ Goo $ Trap Control Services.Arrow Smote em Allenutor tricks-MdWes.boo, ment,em MI da 2 $ 5,15000 5 10,38.8 Lew EMorcemenW rleorm Office,'nckrd' ssl.ol9 hour 0 $ 15000 MoGlr.tion em Demobevanon of Non Deem-e Delbdpn Testing(Trp Over 18 mees from oftb see) mos 0 $ 5.8 $ Mobilrelon and Demobd-h of Non Destrudi+e Deflection Tea"(Trp w91i1100 men from eflce to see) nM 0 S 5D0.8 $ ATV y roRig S-1,sMe /oat 0 i 5.8 f ATV gy red Rig MobNzahn<lou mise form off600 0 $ 1 Aw 00 $ ATV Boggyred RQ ob' .h 100 me.form office mho 0 $ 1800 j tam Fly of Dnling Fge.p-ot Iron 2 f 3800 f 700.00 sdho Rental Dev 0 S 1,50000 j B.Ndazar Rental Dy 0 $ 3,80.00 $ See G...- Dy 0 2,50000 S Photomp.s BM'11•x 1 T each 8.25 each 0 j 0.25 S Plstompies B/W 81/2•x 11.) 1•each 8.15 each 0 $ 0.15 i Mobilz.hn of ming equipment wed.doll f.ub.am rigid P.-M(2-men craw um,Labor peld nVsro.ly)(.ss 100 nibs) i $ 50000 S 1300.00 I gI tower nM 0 S 38.00 S ]IDAR Wen Scam nh o 2,00000 f Pont caw compar.on of LDAR d.. e.M 0 S 5,500.00 f Automated P-ome.r e.M o f 3,000.00 f Aur.-tea Tft-I., seM 0 f 3,00000 S Automated IrK]nome.r.aomere am moM.reg evil 0 f 72,50000 j TOTAL DIRECT EXPENSES 111 12,890.00 SUBPROVIDER FEE ESTIMATE PROJECT NAME:City of Rou,d Rock South Mays Wall StabllUatlon COUNTY:Wllllamson OESION FEE SVOIARV DATA COLLECTION I ANAI PSIS/DFSIGN/M—Mansoue S 78A72 02 GEOTECHNICAL TESTING $ 16,026.DO DIRECTE%PENSES S 12.090.DO AND EMODWANO SERVICES•TOTAL filo .02 EXHIBIT E Certificates of Insurance Attached Behind This Page Client#: 155641 AGUIRFIE DATE(MM/DD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 2/05/2024 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Rachel Townsend&Michelle W. NAME: USI Southwest PHONE FAX acNot713 490-4600 ac ,No): 713-490-4700 9811 Katy Freeway, Suite 500 E-MAIL Q ADDRESS: usi.certre uest usi.com Houston,TX 77024 INSURERS)AFFORDING COVERAGE NAIC# 713 490-4600 Transportation Insurance Company 20494 _ INSURER A: P Pa Y INSURED INSURER B:Continental Insurance Company 35289 Aguirre 8,Fields L.P. Continental Casual Company 20443 INSURER C: Casualty P Y 7215 New Territory Blvd, Suite 100 INSURER D:SiriusPoint SPecialty Insurance Corp16820 Sugar Land,TX 77479 INSURER E:American Alternative Insurance Corp 19720 INSURER F: COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR 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 SUB POLICY EFF POLICY EXP LIMITSLTR INR WVD POLICY NUMBER MMIDD DONYM A X COMMERCIAL GENERAL LIABILITY 6075923106 2/10/2024 02/10/2025 EACHOCCURRENCE s2,000,000 CLAIMS-MADE 4X OCCUR PREMISES EaEoccurrence) $1,000,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 54,000,000 POLICY'?ECOT- LOC PRODUCTS-Coll AGG 54,000,000 OTHER: $ C AUTOMOBILE LIABILITY 6075923087 2/10/2024 02/10/202 BINED EoMccidentsINGLELlMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY Ix AUTOS ONLY Per accident $ B X UMBRELLA UAB X OCCUR 6075923056 2/10/2024 02/10/2025 EACH OCCURRENCE s5,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000 DED I X I RETENTION$10000 $ C WORKERS COMPENSATION 6075923073 2/10/2024 02/10/202 X PSTATUTE I ER FOTH IR AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $11,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below_ E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional Liab PROVAE000001200 2/07/2024 02/07/2021 $3,000,000 per claim $3,000,000 annl aggr. E I Aviation Liab 1 1 19035302 10/13/202310/13/202 SEE DESCRIPTION DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Blanket Additional Insured (all policies except Workers Compensation and Professional Liability) is provided if required by written contract executed prior to a loss, but limited to the operations of the Named Insured per policy forms, including completed operations CNA75079XX 03-22 (GL); CA 20 48 10 13 (Auto). Blanket Per Project Aggregate is provided if required by contract executed prior to a loss, but limited to the operations of the Named Insured per policy forms CNA74826XX(1-15)Umbrella Follows Form (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Cit of Round Rock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 221 E. Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Round Rock,TX 78664-0000 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S43532014/M43528832 TABZP DESCRIPTIONS (Continued from Page 1) (CNA75504XX(03-2015). Coverage provided on the General and Auto Liability is primary and non-contributory if required by written contract executed prior to a loss. Blanket Waiver of Subrogation is provided on all policies(including Professional Liability)as required by written contract executed prior to a loss, except as prohibited by law, per policy form CNA74858XX 1-15(GL); CA 04 44 10 13(Auto);WC 42 03 04 B (06-2014)(WC); Umbrella Follows Form(CNA75504XX(03-2015)and SSIC PRO AE 002 11 23(PL).All policies include an endorsement providing that 30 day notice of cancellation,except 10 day notice for non-payment of premium,will be given if required by written contract. Aviation Liability Liability Limit: $2,000,000; Personal Injury Limit$1,000,000; Medical Limit: $5,000 Deductibles: In Motion: 10%; Not In Motion: 10% Umbrella Liability DOES NOT go over the Aviation Liability or Professional Liability RE: 130-City of Round Rock. SAGITTA 25.3(2016/03) 2 of 2 #S43532014/M43528832