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Contract - The Estes Group, LLC - 8/14/2025 ROUND ROCK TEXAS CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: THE ESTES GROUP,LLC ("Engineer") ADDRESS: 9025 W State Hwy 29#205, Liberty Hill, TX 78642 PROJECT: Arterial SMP-Smyers Lane/CR 122 Rehabilitation THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the j lk day of 5-1- , 2025 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 0199.202521;4905-1722-4790 4879-8103-9872;00192831 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto(which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled"City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled"Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time,which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for 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 Three Hundred Thousand Six Hundred Ten and 65/100 Dollars ($300,610.65) 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: Reuben Ramirez Project Manager 3400 Sunrise Road Round Rock, TX 78665 Telephone Number(512) 218-7084 Mobile Number(737) 329-5707 Fax Number N/A Email Address rramirez(aroundrocktexas.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: Michael Curl,PE Project Manager 9025 W State Hwy 29#205 Liberty Hill,TX 78642 Telephone Number(512)350-1613 Fax Number N/A Email Address Michael.Curl@teg-tx.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services.At the request of City or Engineer,conferences shall be provided at Engineer's office,the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated,and City assistance needed to resolve the situation,if any;and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties.The Engineering Services may be reinstated and resumed in full force and effect within sixty(60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty(30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services,the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work,he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution,by both parties,of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein,when required to do so by City.No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services,or(2)the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract(including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law,City shall hold harmless Engineer from all claims,damages,losses and expenses, resulting therefrom.Any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract.Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract,Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing,using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer,the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL.EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required.All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City.Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract,or will obtain such personnel from sources other than City.Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract,and any increased costs arising from Engineer's default,breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent,in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty(30)days'written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer.In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering Services completed 9 at that time.Should City terminate this Contract under Subsection(4)immediately above,then the amount charged during the thirty-day notice period shall not exceed the amount charged during the preceding thirty(30)days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer,then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City,the reasonable and necessary cost to City of employing another firm to complete the Engineering Services required and the time required to do so,and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations,then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable state,federal and local laws,statutes, codes,ordinances,rules and regulations,and the orders and decrees of any court,or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) As required by Chapter 2271, Government Code, Engineer hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli- controlled territory,but does not include an action made for ordinary business purposes. (3) In accordance with 2274,Texas Government Code,a governmental entity may not enter into a contract with a company with at least ten(10) full-time employees for value of at least One Hundred Thousand and No/100 Dollars($100,000.00)unless the contract has a provision in the contract verifying that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2)will not discriminate during the term of the contract against a 10 firearm entity or firearm trade association. The signatory executing this Contract on behalf of the Engineer verifies Engineer does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and it will not discriminate during the term of this Contract against any firearm entity or firearm trade association. (4) In accordance with 2274,Texas Government Code,a governmental entity may not enter into a contract with a company with at least ten(10) full-time employees for a value of at least One Hundred Thousand and No/100 Dollars($100,000.00)unless the contract has a provision in the contract verifying that it: (1)does not boycott energy companies;and(2)will not boycott energy companies during the term of this Contract. The signatory executing this Contract on behalf of Engineer verifies Engineer does not boycott energy companies, and it will not boycott energy companies during the term of this Contract. (5) Taxes. Engineer will pay all taxes,if any,required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales,Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold City harmless from all liability for damage to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Engineer, Engineer's agent, or another entity over which Engineer exercises control. Engineer shall also save and hold City harmless from any and all expenses,including but not limited to reasonable attorneys' fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City to the extent resulting from such negligent activities by Engineer, its agents,or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors,omissions,or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign,seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. 11 ARTICLE 25 NON-COLLUSION,FINANCIAL INTEREST PROHIBITED (1) Non-collusion. Engineer warrants that he/she/it has not employed or retained any company or persons,other than a bona fide employee working solely for Engineer,to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,commission,percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or,in its discretion and at its sole election,to deduct from the contract price or compensation,or to otherwise recover,the full amount of such fee,commission,percentage,brokerage fee,gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,his/her/its officers, employees, agents, consultants and subcontractors will have no fmancial 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: Michael Curl,PE Project Manager 9025 W State Hwy 29#205 Liberty Hill,TX 78642 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. The Services shall be performed expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to 14 perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. Any determination to withhold or set off shall be made in good faith and with written notice to Engineer provided, however, Engineer shall have fourteen(14)calendar days from receipt of the notice to submit a plan for cure reasonably acceptable to City. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering,consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals,bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion,judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion,judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above-stated representations and warranties are made for the purpose of inducing City to enter into this Contract. 15 IN WITNESS WHEREOF,the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. [signature page follows] 16 THE ESTES GROUP, LLC_ By: �/)-r ) Signature of Principal Printed Name: Kristina N. Estes 17 CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: Craig Mo an, Ma Stephanie L. Sandre, City Attorney ATTEST: By: L A-Irt_ILL) Ann Franklin, City Clerk 18 LIST OF EXHIBITS ATTACHED (1)Exhibit A City Services (2)Exhibit B Engineering Services (3)Exhibit C Work Schedule (4)Exhibit D Fee Schedule (5)Exhibit E Certificates of Insurance 19 EXHIBIT A City Services The City will furnish to the Engineer the following information and/or perform the following tasks: 1. Provide a Project Manager to serve as the primary point of contact for the Engineer for the Project. 2. Furnish all applicable data and correspondence the City may have on file for the project. 3. Provide existing typical sections,as-built drawings,and right-of-way maps that the City may have on file. 4. Provide any existing survey and/or aerial photography data the City may have on file for the vicinity of the project. 5. Provide design criteria and approve design speed. 6. Provide timely reviews at predetermined milestones,decisions and directions necessary according to the agreed upon project schedule (Exhibit C). 7. Meet on an as needed basis to answer questions,provide guidance,and offer comment. 8. Promptly review invoices to City guidelines. EXHIBIT B Engineering Services Project Background Project Background The City of Round Rock (the "City") proposes roadway rehabilitation/reconstruction of Smyers Lane from RM 620 to Wyoming Springs Drive(0.6 Miles)and CR 122 from Red Bud Lane to south of the low water crossing (0.75 Miles) (the "Project") utilizing the services of The Estes Group, LLC., (the "Engineer") as the prime consultant. The Engineer will provide Geotechnical investigations and preparation of plans, specification, and estimates (PS&E). The current understanding of the project is to hold and maintain the existing edge of payment width of approximately 20-22' (two 10' lanes) for both roadways and safety improvements for the upstream end of one cross culvert on Smyers Lane. Project Team Consultants a. Raba Kistner, Inc. Task 1: Data Collection The Engineer shall collect,review and evaluate data described below.The Engineer shall notify the City in writing whenever the Engineer finds disagreement with the information of documents: a. Record Drawings The Engineer shall contact the City to collect record drawings of Smyers Lane/CR 122 and previous Geotechnical Studies. b. Utility Plan The Engineer shall contact the City to obtain all available City Utility data. c. Standard Detail The Engineer shall utilize the City's current roadway standard details. The Engineer shall also supplement standard details as required utilizing outside sources such as Williamson County, TxDOT,etc. d. Imagery and LiDAR The Engineer shall utilize the City's latest Imagery and LiDAR/terrain available Task 2: Field Surveying(OMIT) Task 3: Right-of-Way(OMIT) Task 4:Surface Utility Engineering(OMIT). Task 5:Geotechnical Investigation and Recommendations The Geotechnical Engineer shall perform Geotechnical Services for roadway improvements, which include drilling, sampling, and developing pavement design recommendation and construction guidelines.Work includes drilling 5 pavement borings for Smyers and 9 pavement borings for CR 122 spaced approximately 500 ft apart to approximate depths of 15 feet below the existing ground surface. Field Sampling and Laboratory Testing: • Develop soil-boring layout for approval prior to mobilization. Dynamic Cone Penetrometer (DCP) testing will be conducted in the vicinity of the borings up to 24 inches below existing ground surface. • Stake the borings in the field utilizing tape and right-angle measurement from existing benchmark or using a recreation-grade FPS (does not include surveying of boring locations). • The existing pavement will be cored and thickness will be determined. The borings will be drilled to a depth of 15 feet below the existing grade. • We anticipate up to 1 day of traffic control for drilling on Smyers Land and 2 day for CR 122 • We will perform One Call utility location request, as well as coordinating with the City of Round Rock and associated utilities who do not subscribe to the Texas 811 service. We will also call a private Site Utility Locator to confirm the absence of utilities. • We will perform appropriate laboratory tests on soil samples recovered from the borings. Laboratory testing will include but not limited to moisture content, liquid limit, plastic limit, particle size analysis tests,visual classification,dry density,and sulfate concentration. Geotechnical Engineering Report: Prepare a Geotechnical Engineering Report for the project reviewed and sealed by a professional geotechnical engineer licensed in the State of Texas. The following items will be included in the report: • A summary of the field and laboratory sampling and testing program • Boring logs and laboratory testing results • A review of general site conditions including description of the site, the subsurface stratigraphy, groundwater conditions, and the presences and condition of fill materials, if encountered • Estimated Potential Vertical Rise (PVR) using empirical method developed by the Texas Department of Transportation • Flexible pavement Design Recommendations (3 Options) and Construction guidelines, to include a full depth reconstructed asphalt pavement section, a reclaimed asphalt pavement section, and a thickened asphalt pavement section. Pavement design will be provided using TxDOT software FPS 21. Task 6: Environmental Technical Memorandum (OMIT) Task 7:TCEQ Coordination(OMIT) Task 8: Geologic Assessment(GA) (OMIT) Task 9: Public Involvement(OMIT) Task 10:Traffic Study(OMIT) Task 11: Preliminary Design (OMIT) Task 12: Plans.Specifications.&Estimate a. General The Engineer shall prepare: 1. Title Sheet 2. Index of sheets-Identifies each sheet location in the plans set and its corresponding sheet number.The index of sheets shall be updated throughout the submittal process 3. Project Layout-Graphically depicts overall project limits for Smyers Lane and CR 122 4. Existing Typical Sections-Typical section shall depict the existing conditions of the project roadway,based on aerial image,record drawings,and Geotech. The existing typical sections will be used for the roadway removal limits,roadway removal bid items,and roadway removal summaries. (4 typical sections for Smyers Lane, 1 for CR 122) 5. Proposed Typical Sections-Typical sections shall depict the proposed lane configurations and proposed pavement structure,as recommended by the geotechnical investigations.The proposed typical will be used for the proposed roadway improvements,roadway bid items, and roadway summaries.(4 typical sections Smyers Lane, 1 for CR 122) 6. Typical Details-Typical details showing pavement structure,end conditions,pavement transitions,etc. 7. General Notes-prepare general notes using the most current version of the City's General Notes 8. Summary of Quantities-tabulate all project quantities b. Traffic Control The Engineer shall prepare: 1. Advance Warning Layout- Layout shall reference standard details,as appropriate. 2. TCP Typical sections(OMIT) 3. Sequences of Construction Narrative-Narrative description of construction sequences shall be developed for each construction phase 4. Phased Layouts-Assumed 5 main phases with 3 separate intersection phases for Smyers. Assumed 2 main phases with 1 separate intersection phases for CR 122.Limits of each phase to be shown on 50 scale layout(6 sheets) 5. Detour Plans-5 detours assumed for Smyers,2 detours assumed for CR 122 6. Standard details,as appropriate.Standards that require modifications will be revised and sealed by the Engineer.City of Round Rock standards and TxDOT standards will be utilized as applicable. c. Roadway The Engineer shall prepare: 1. Removal Plans- Removal layouts will not be developed.Removal items will be quantified and summarized based on typical sections. 2. Survey Control-Omit 3. Horizontal Alignment Data-Omit 4. Plan and Profile sheets-Plan and profile layouts will not be developed. Roadway items will be quantified and summarized based on typical sections. 5. Miscellaneous Roadway Detail (1 sheet) 6. Standard Details as appropriate.Standards that require modifications will be revised and sealed by the Engineer.City of Round Rock standards and TxDOT standards will be utilized as applicable. d. Retaining Wall-Omit e. Hydrologic Design-Omit f Hydraulic Design The Engineer shall prepare: 1. Culvert Layout-Culvert layout at 40 scale will be developed to show safety improvements on the upstream end of cross culvert approximately 800'south of Arbor Place entrance.No drainage analyses will be performed. 2. Grading Layout-design and detail drainage outfall channel 3. Standard Details as appropriate.Standards that require modifications will be revised and sealed by the Engineer.City of Round Rock standards and TxDOT standards will be utilized as applicable. g. Utility Layouts-Omit h. Signing and Pavement Marking The Engineer shall Prepare: 1. Signing and Pavement Marking Layouts-The Engineer shall detail permanent pavement markings in accordance with the proposed typical section.Pavement marking shall be selected from the latest TxMUTCD standard.Drawings will be prepared at 50 scale (3 Sheets doubled banked for each roadway) Signs are not included in this scope 2. Summary of Small Signs-Omit 3. Non-Standard Sign Details-Omit 4. Standard Details as appropriate.Standards that require modifications will be revised and sealed by the Engineer.City of Round Rock standards and TxDOT standards will be utilized as applicable. Environmental The engineer shall prepare: 1. SW3P Layouts-Sheets will provide locations and types of erosion control measures along project limits at 50 scaled(3 Sheets doubled banked for each roadway). 2. Standard Details as appropriate.Standards that require modifications will be revised and sealed by the Engineer.City of Round Rock standards and TxDOT standards will be utilized as applicable. j. Miscellaneous The Engineer shall Prepare: 1. Construction Cost Estimate(one estimate including both roadways) 2. Construction Timeline Determination-The Engineer shall develop construction schedule to incorporate in the construction documents. (one timeline for each roadway) k. Submittals The Engineer shall provide the following submittals 1. 60% PS&E Submittal(one package including both roadways) 2. 90%PS&E Submittal,with project Manual (one package including both roadways) 3. Final PS&E Submittal,with Project Manual (one package including both roadways) 1. Cross Sections-Omit Task 13: Construction Engineering a. Bid Phase Services The engineer shall: 1. Prepare the Construction Project Manual and will attend a Pre-Bid Conference(one manual and one Pre-Bid) 2. Develop and issue addenda,if required,to interpret,clarify or expand the bid documents. 3. Tabulate bids and prepare a contract award recommendation letter. (one package including both roadways) b. Construction Phase Services-Omit Task 14: General Project Management a. General Project Management The Engineer shall establish and maintain project schedule and budgets,develop monthly progress reports,and prepare invoices. b. Subconsultant Supervision The engineer shall establish a schedule for the engineering services to be performed by the subconsultants at the beginning of the project.The Engineer shall be responsible for the coordination,supervision,review,and incorporation of the subconsultants'work. c. Project Coordination Meeting General project coordination meeting with the city to review project progress (4 maximum). d. Quality Assurance/Quality Control The Engineer shall review all work to assure that the work is in accordance with City requirements and that the work is completed in a timely and efficient manner. EXHIBIT C Work Schedule Attached Behind This Page Y n e Y x . a .. . - u . .. t _ t _ _ Yi y 3 3 l 3 f R a ?f a ? Ili r 1 ( (f f f f i i g R iT i i f l i i 3 o s i f! i m a 1 igna , - 9 lii ills 4 d 1 i a 1 i t S s 3 fit if f 3 6 m 'S9 i 1' ai a 3 1 d 1 i ill s iii x 1 1 Ili P U _ o i 9 u i a c I. d n § § 1 > : 1 Ill a i E i i F 1 : " i g i Z 11 5 5 5 5 5 a a' S & 4 4 S S S111 3 S e e e § 9 a F ; 9 S 9 9 ; 5 i 2 S 9 Y x 2 9 9 2 3 9 2 5 i 22 5 x .2 # 9 9 22 22 g 8 1 " 1 ,.N,xe x,.1.xe a.,,u.xe 11444..25 I ler 25 1 154,25 1 ,Sop xe ' eaera 1 a Sop 25 1 wnx, k. v. I I uonm xoon2e xxaaxe 3.1...15 I ,ea..ae -I IT m�,i re.ae x 1,„, II a««ae 1 n�A :::: k;1 1 ,sa t' exe re. naec-xs xv Dec-xe "xC 1 54.44 #w bah-xe F 2 rea a EXHIBIT D FEE SCHEDULE FOR THE ESTES GROUP, LLC Smyers Lane Rehabilitation PS&E For services described in the Scope of Services, we request the compensation as detailed below. Cost breakdowns for engineering services and explanation of expenses are shown on the following pages. LUMP SUM AMOUNT $300,610.65 Page 1 of 8 EXHIBIT D Fee Schedule Description of Work or Task Cost/ Task Totals Smyers Lane Rehabilitation The Estes Group, LLC(TEG) Task 1: Data Collection $3,760.00 Task 2: Field Surveying(OMIT) $0.00 Task 3: Right-of Way(OMIT) $0.00 Task 4: Surface Utility Engineering(OMIT) $0.00 Task 5: Geotechnical Studies(Raba) $0.00 Task 6: Environmental Technical Memorandum(OMIT) $0.00 Task 7: TCEQ Coordination(OMIT) $0.00 Task 8: Geologic Assessment(GA)(OMIT) $0.00 Task 9: Public involvement(OMIT) $0.00 Task 10: Traffic Study(OMIT) $0.00 Task 11: Preliminary Design(OMIT) $0.00 Task 12: Plans Preparation $200,270.00 Task 13: Construction Engineering $26,405.00 Task 14: General Project Management $14,740.00 Direct Expenses $436.00 TEG FEE SCHEDULE SUMMARY $245,611.00 Raba Kistner,Inc.(Raba) Task 5: Geotechnical Investigation and Recommendations $21,001.26 Raba Direct Expenses $33,998.39 RABA FEE SCHEDULE SUMMARY $54,999.65 SMYERS LANE REHABILITATION SUBTOTAL $300,610.65 TOTAL FEE $300,610.65 Page 2 of 8 Summary of Manhours by Classification The Estes Group, LLC(TEG) IAssumed Project Engineer Engineer Engineer EIT Sr.Engr Admin/ Staff Description of Work or Task Number Manager (Senior) (Project) (Design) Technician Clerical Staff-Hr. Cost/ Task of Sheets $250.00/Hr $235.00/Hr $240.00/Hr $190.00/Hr $140.00/Hr $190.00/Hr $110.00/Hr Totals Totals Smvers Lane Rehabilitation Task 1:Data Collection Data Collection 8 16 24 $3,760.00 Data Collection Subtotal 0 0 0 8 16 0 0 24 $3,760.00 Task 2:Field Surveying(OMIT) Field Surveying(OMIT)Subtotal 0 0 0 0 0 0 0 0 $0.00 Task 3:Right-of Way(OMIT) Right-of Way(OMIT)Subtotal 0 0 0 0 0 0 0 0 $0.00 Task 4:Surface Utility Engineering(OMIT) Surface Utility Engineering(OMIT)Subtotal 0 0 0 0 0 0 0 0 $0.00 Task S:Geotechnical Studies(Raba) Geotechnical Studies(Raba) Subtotal 0 0 0 0 0 0 0 0 $0.00 Task 6:Environmental Technical Memorandum(OMIT) Environmental Technical Memorandum(OMIT)Subtotal 0 0 0 0 0 0 0 0 $0.00 Task 7:TCEQ Coordination(OMIT) TCEQ Coordination(OMIT)Subtotal 0 0 0 0 0 0 0 0 $0.00 Task 8:Geologic Assessment(GA)(OMIT) Geologic Assessment(GA)(OMIT)Subtotal 0 0 0 0 0 0 0 0 $0.00 Task 9:Public Involvement(OMIT) Public Involvement(OMIT)Subtotal 0 0 0 0 0 0 0 0 $0.00 Task 10:Traffic Study(OMIT) Traffic Study(OMIT)Subtotal 0 0 0 0 0 0 0 0 $0.00 Task 11:Preliminary Design(OMIT) Preliminary Design(OMIT)Subtotal 0 0 0 0 0 0 0 0 $0.00 Page 3 of 8 Summary of Manhours by Classification The Estes Group,LLC(TEG) Assumed Project Engineer Engineer Engineer EIT Sr.Engr Admin/ Staff Description of Work or Task Number Manager (Senior) (Project) (Design) Technician Clerical Staff-Hr. Cost/ Task of Sheets $250.00/Hr $235.00/Hr $240.00/Hr $190.00/Hr $140.00/Hr $190.00/Hr $110.00/Hr Totals Totals Task 12:Plans Preparation a.General 0 $0.00 1 Title Sheet 1 1 8 8 17 $3,290.00 2 Index 1 1 8 8 17 $3,290.00 3 Project Layout(2 Sheet) 2 2 12 16 30 $5,820.00 4 Existing Typical 3 2 18 32 52 $8,400.00 5 Proposed Typical 3 3 18 32 53 $8,650.00 6 Typical Details 1 1 4 6 11 $2,350.00 7 General Notes 1 2 6 8 16 $3,060.00 8 Quantity Summaries 4 1 4 4 4 13 $2,330.00 b.Traffic Control 0 50.00 1 Advance Warning Layout 2 2 8 16 26 $4,260.00 2 TCP Typical Sections(OMIT) 0 $0.00 3 Sequence of Construction Narrative 1 2 16 16 34 $6,500.00 4 Phased Layouts 12 6 40 40 40 126 $22,300.00 5 Detour Plans 6 1 4 30 30 65 $10,910.00 6 Standards 1 4 4 9 $1,560.00 c.Roadway 0 $0.00 1 Removal Plans(Quantities) 2 24 24 24 74 $12,980.00 2 Survey Control(OMIT) 0 $0.00 3 Horizontal Alignment Data(OMIT) 0 $0.00 4 Plan and Profile Sheets(Quantities) 2 16 32 32 32 114 $20,980.00 5 Miscellaneous Detail 1 1 2 16 19 $2,970.00 6 Standard Details 1 4 4 9 $1,560.00 d.Retaining Wall-Omit 0 $0.00 e.Hydrologic Design-Omk 0 $0.00 f.Hydraulic Design _ 0 $0.00 1 Culvert Layout 1 1 8 16 25 $5,210.00 2 Grading Layout 1 1 4 16 21 $3,450.00 3 Standard Details 1 4 4 9 $1,560.00 g.Utility Layouts-Omit 0 $0.00 Page 4 of 8 Summary of Manhours by Classification The Estes Group,LLC(TEG) Assumed Project Engineer Engineer Engineer EIT Sr.Engr Admin I Staff Description of Work or Task Number Manager (Senior) (Project) (Design) Technician Clerical Staff-Hr. Cost/ Task of Sheets $250.00/Hr $235.00/Hr $240.00/Hr $190.00/Hr $140.00/Hr $190.00/Hr $110.00/Hr Totals Totals h.Signing and Pavement Marking 0 $0.00 1 Signing and Pavement Marking Layouts 12 2 10 60 40 112 $18,400.00 2 Summary of Small Signs-Omit 0 $0.00 3 Non-Standard Sign Details(Omit) 0 $0.00 4 Standard Details 1 4 4 9 $1,560.00 I.Environmental 0 $0.00 1 SW3P Layouts 12 2 10 60 40 112 $18,400.00 2 Standard Details 1 4 4 9 $1,560.00 J.Miscellaneous 0 $0.00 1 Construction Cost Estimate 2 16 40 40 98 $17,460.00 2 Construction Timeline Determination 2 16 32 8 58 $11,460.00 Plans Preparation Subtotal 39 48 45 228 454 324 0 1138 $200,270.00 Task 13:Construction Engineering a.Bid Phase Services 0 1 Project Manual and Pre Bid 2 4 40 40 86 $14,640.00 2 Addenda 1 2 16 16 35 $6,000.00 3 Bid Tabs and Recommendation Letter 1 1 16 16 34 $5,765.00 b.Construction Phase Services-Omit o $0.00 Construction Engineering Subtotal 4 7 0 0 72 72 0 155 $26,405.00 Task 14:General Project Management a.General Project management 12 6 18 $3,660.00 Subconsultant Supervision 12 6 18 $3,660.00 Project Coordination Meeting 4 4 4 12 $2,520.00 Quality Assurance/Quantity Control 10 10 20 $4,900.00 General Project Management Subtotal 38 0 14 0 4 0 12 68 $14,740.00 Smyers Lane Rehabilitation Subtotal $245,175.00 TEG SUMMARY 81 55 59 244 562 396 12 1385 $245,175.00 Page 5 of 8 Summary of Direct Expenses The Estes Group, LLC (TEG) Item Description Unit Quantity Unit Cost Total Cost Direct Expenses I. Mileage mile 480 $0.700 $336.00 II. Copies- 11 x 17 each 200 $0.20 $40.00 Ill. Overnight shipping/Courier each 3 $20.00 $60.00 TEG Direct Expenses $436.00 Page 6 of 8 Summary of Manhours by Classification Raba Kistner,Inc.(Raba) Senior Engineer Senior Project Project Project Sr Tech/Field Geotech Gis/CADD Staff Description of Work or Task Consultant Manager Manager Engineer EIT Coor Technician/Logger Tech Admin Staff-Hr. Cost/Task $233.58/Hr $207.06/Hr $185.64IHr $159.12/Hr $119.92/Hr $95.51/Hr $84.51/Hr $99.75/Hr $74.28/Hr Totals Totals Smvers Lane Rehabilitation Task 5:Geotechnical Investigation and Recommendations a.Project Kickoff 2 2 2 2 2 2 12 $1,437.96 b.Field Coordination(Stake Borings and Utility Locate) 22 22 . $2,101.22 c.Field Exploration(Including Dynamic Cone Penetrometer) 42 42 63,549.42 d.Laboratory Assignment --- 3 3 $359.76 e.Soil Boring Logs 3 3 6 6837.12 f.Site Plan 2 6 8 6838.34 g.PVR Analyses 3 4 7 6957.04 h.Flexible Pavement Design Analyses(3 Options) 2 4 12 18 $2,446.80 I.Draft Pavement Design Report Preparation 4 8 22 2 36 $4,802.32 j.Report Reviews and Finalaations 6 6 4 16 62,365.68 k.Design Team Meetings 4 2 6 61,305.60 Geotechnical Investigation and Recommendations Subtotal 4 0 16 26 48 24 44 6 8 176 621,001.26 Smyers Lane Rehabilitation Subtotal 821,001.26 RABA SUMMARY 4 0 16 26 48 24 44 6 8 176 $21,001.26 Page 7 of 8 Summary of Direct Expenses Raba Kistner,Inc.(Raba) Item Description Unit Quantity Unit Cost Total Cost FIELD OPERATIONS Mobilization of Drill Rig Days 2 $600.00 $1,200.00 Logger truck units 3 $74.23 $222.69 Auger Drilling(Soil) ft 70 $21.99 $1,539.30 NX Rock Coring(Limestone) ft 140 $57.88 $8,103.20 Standard Penetration Test(SPT) Ea 32 $31.26 $1,000.32 Bentonite Backfill ft 210 $4.82 $1,012.20 Pavement Core units 14 $93.05 $1,302.70 Concrete/AC Patch units 14 $86.63 $1,212.82 Standby(setup time and cleanup) hrs 8 $310.24 $2,481.92 LABORATORY TESTING Atterberg Limits units 14 $114.60 $1,604.40 Moisture Content units 42 $18.52 $777.84 Sieve Analysis(passing No.4,40,200) units 14 $115.76 $1,620.64 Sulfate Testing units 14 $125.12 $1,751.68 Unconfined Compression(Soil) units 0 $59.04 $0.00 Unconfined Compression(Rock) units 14 $70.62 $988.68 Lime Series(Tex-121-E Part Ill) units 0 $474.63 $0.00 'Moisture Density Relationship(TEX-114-E) units 0 $347.29 $0.00 *Texas Triaxial Compression(TEX-117-E) units 0 $1,979.54 $0.00 (*Can not collect bulk sample for testing) OTHER DIRECT EXPENSES Utility Locates days 2 $990.00 $1,980.00 Traffic Control Services days 3 $2,400.00 $7,200.00 Raba Direct Expenses $33,998.39 Page 8 of 8 EXHIBIT E Certificates of Insurance Attached Behind This Page / 1 ACØRD® DATE(MM/DD/YYVY) R CERTIFICATE OF LIABILITY INSURANCE 7(MM/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Yesenia Ruiz Risk Strategies PHONE FAX 12801 North Central Expy. Suite 1725 INC.am No.Eae): 214-203-8899 INC,No): Dallas,TX 75243 ADDRESS: RSCcertrequest@risk-strategies.com INSURER(S)AFFORDING COVERAGE NAICI INSURERA: Twin City Fire Insurance Company 29459 INSURED INSURER B: Hartford Casualty Insurance Company 29424 The Estes Group, LLC 3010 Pointe PI INSURER C: Travelers Casualty and Surety Co of Amer 31194 Round Rock TX 78681 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 86247357 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 AINSD SW POLICY EFF POLICY EXP VDR POLICY NUMBER OMITS (MMIDD/YYl^n (MM/DDIYYYY) A „/ COMMERCIAL GENERAL LIABILITY � �/ 46SBWAF671 1/2/2025 1/2/2026 EACH OCCURRENCE $1,000,000 CLAIMS-MADE ./ OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL BADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ./ JJECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 46SBWAF671 1/2/2025 1/2/2026 (aMBtSINGLELIMIT $1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS ( ) ✓ HIRED AUTOS ONLY ./ AUTOS ONEYY (Per aPcccde DAMAGE $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS L1AB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION ,� 46WEGAD3YSM 7/16/2025 7/16/2026 PER OTH- AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? n N/A (Mandatory in NH) E.L.DISFEsF-EA EMPLOYEE $1.000.000 H yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Profesional 107122121 7/16/2025 7/16/2026 Per claim $2,000,000 Annual Aggregate $3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible.Thirty(30)day notice of cancellation in favor of certificate holder on all policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Master Certificate THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /[/' ��,j/,/ —jf'^' �� T^'. .�`'- __ Tt M 1. RSC Insurance Brokerage ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 86247357 125/26 GL/AL/KC; 25/26 PL I Yesenia Ruiz 17/15/2025 2:29:38 PM (CDT) I Page 1 of 1