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Contract - LJA Engineering Inc. - 10/22/2020
t ROUND ROCK TEXAS CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: LJA ENGINEERING,INC. ("Engineer") ADDRESS: 2700 La Frontera Boulevard, Suite 150, Round Rock, TX 78681 PROJECT: Round Rock West— Greenbelt Channel and Waterline Improvements THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract') is made and entered into on this the_Z day of CrAVZe-F- , 2020 by and between the CITY OF ROUND ROCK, a Texas home- rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Time and Materials Engineering Services Contract Rev.08/19 0199.202035;00455965 00296523 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Contract. Engineer shall be paid on the basis of actual hours worked by employees performing work associated with this Contract, in accordance with the Fee Schedule attached hereto as Exhibit D. Payment of monies due for the Engineer's subconsultant's services shall be based on the actual amount billed to the Engineer by the subconsultant. Payment of monies due for direct cost expenses shall be based on the actual costs. The maximum amount payable under this Contract, without modification of this Contract as provided herein, is the sum of One Hundred Twenty-Four Thousand Six Hundred Thirty-Six and No/100 Dollars, ($124,636.00). Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B entitled "Engineering Services". Satisfactory progress of work shall be an absolute condition of payment. The maximum amount payable herein may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve 3 Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non-disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Federico Sanchez Project Manager 3400 Sunrise Road Round Rock, TX 78665 Telephone Number(512) 218-6609 4 Fax Number(512) 218-5536 Email Address fsancheznxoundrocktexas.gov City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Derek Bohls, P.E. Vice President 2700 La Frontera Boulevard, Suite 150 Round Rock, TX 78681 Telephone Number(512) 439-4744 Fax Number N/A Email Address dbohls(a�lia.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,EOUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty-day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the reasonable and necessary cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) 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. (3) As required by Chapter 2270, 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. 10 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. 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. 11 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: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self-Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled"Certificates of Insurance." 12 ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: 13 City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock,TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Derek Bohls, P.E. Vice President 2700 La Frontera Boulevard, Suite 150 Round Rock, TX 78681 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 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. 14 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. 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] 15 CITY OF ROUND ROCK, TEXAS APP R vED AS TO By: tAl Craig Morgan, ayor Stephan L. Sheets, City Attorney ATTEST: By: u&'v 1 !'Pvq4- Sara L. White, City Clerk LJA ENGINEERING, INC. By: 9J �LJ, Signature of Principal Printed Name: Lln�V t h rbckQ� 16 LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 17 EXHIBIT A City Services The City will provide the following information and other assistance to the Engineer that the City deems appropriate and necessary: 1. Any readily available pertinent existing information relating to the services to be performed by the Engineer;the City will provide one copy of such information in a format chosen by the City. This includes plans and/or as-built data at or adjacent to the project site, and unit cost information from recent City bids received. 2. Clear direction and/or response to questions or requests made by the Engineer in the course of the Engineer's performance of services. 3. Timely review of deliverables that have been properly completed and submitted by the Engineer; and timely provisions of comments, if any, to the Engineer resulting from said reviews. 4. Meet with Engineer on an as-needed basis to facilitate performance of the Work Authorization. 5. Provide for access to property required to perform any field investigations required as part of the Engineer's scope of work. 6. Right-of-entry permission for LJAS Field Personnel to enter the property for the purposes detailed herein. 7. Any additional documentation that the Client regards as helpful for completing said surveys. City of Round Rock GRRW Greenbelt Channel Grading Contract for Engineering Services and Water Line Improvements EXHIBIT B Engineering Services General Work Description: Provide plans, specifications and estimates (PS&E) for the regrading of the Greater Round Rock West Greenbelt Channel in order to increase capacity and reduce flooding. Limits of grading will extend approximately from Lime Rock Drive to Creekview Drive. The project will also replace a 12"water line from McNeil Road toe Creekview Drive. The project will include topographical survey, environmental studies, the preparation of construction plans, and bidding phase services. TASK 1. PROJECT MANAGEMENT A. Prepare monthly invoices for submission to the City for all requests for payment. B. Produce Project Scheduling C. Team meetings (6) D. QA/QC Models, Exhibits, Calculations, Assumptions TASK 2. TOPOGRAPHICAL SURVEY The Engineer Shall: 1. Plan and coordinate survey activities for the topographic work and prepare a survey report of the final findings obtained in the field. 2. Perform a control survey and set 3 semi-permanent monuments either a Mag Nail and tag washer or a 5/8" iron rod with control cap at each end and middle of the corridor. 3. Collect topographic field data on the entire 3500' x 50' wide corridor. The north extent ends at the center of the existing creek bed lying north of Creekview Drive and the south extent ends at a point 60 feet north of the centerline of Tejas Drive. All ground features will be included but not limited to, natural ground spot elevations, grade breaks, slope tops and bottoms, edge of pavement, drainage structures, visible utilities, fences, hardwood trees 6" and larger, power poles, etc. LJA will collect dense enough data to create 1' contours. 4. Provide boundary line retracement survey of adjacent platted lot lines coincident with the west line of the City of Round Rock owned subject tracts. Found corner monuments, calculated corner locations and lot lines will be depicted on the base map for final deliverables. 5. Prepare an electronic control, design survey topographic base map and surface files in MicroStation format. Property and parcel 1 City of Round Rock GRRW Greenbelt Channel Grading Contract for Engineering Services and Water Line Improvements lines will be shown based on field survey and available electronic information obtained from Williamson County Appraisal District and the County Recorders Office. Deliverables will include signed and sealed control map sheet, electronic copies of the base map, field notes and sketches,photographs of control monuments and structures and an electronic point file. 6. Provide electronic copies of all QA/QC documents create to check the calculation and mapping results for final delivery. ASSUMPTIONS In preparing this proposal, we have made the following assumptions: • There are no access issues, boundary problems, disputes, or lawsuits associated with the tracts, which would affect the completion of the survey work. • No Title will be needed for this survey. If needed, Title Commitment will be providedby Client or Clients Representative. • LJA Survey will perform the research for the subject tracts to be shown in the base map at the Williamson County Appraisal District web site. The position of the electronic files will be imported into the base map for approximate location only. • No individual Boundary Survey plats, setting property corners or metes and bounds descriptions will be needed in this survey. If needed, these boundary surveying services will require additional scope and cost utilizing either a Lump Sum or Time and Materials fee per our rate sheet will apply. Figure 1 2 City of Round Rock GRRW Greenbelt Channel Grading Contract for Engineering Services and Water Line Improvements l � � fwr _7 r ti � r 171 r y TASK 3. ENVIRONMENTAL STUDIES 3.1 GENERAL WETLAND DETERMINATION The Engineer will perform a general determination of wetlands and other"waters of the US" subject to jurisdiction under Section 404 of the Clean Water Act. This will involve a pre-field evaluation of aerial photographs, soil information,topographic maps, and other published sources, followed by a field reconnaissance to verify jurisdictional areas. Our approach for generally determining and mapping the jurisdictional areas on the site for planning purposes is to map them from aerial photography and topographic maps with the aid of field reconnaissance and hand-held GPS location. Jurisdictional areas will be identified in accordance with the general methodologies of the 1987 USACE Wetlands Delineation Manual(WDM) and Regional Supplement: Great Plains Region(Version 2.0) (March 2010); USACE Regulatory Guidance Letter(RGL)No. 05-05 (7 December 2005); and 2020 Clean Water Act(CWA)Navigable Waters Protection Rule (NWPR). We will prepare a brief report that provides a map of the jurisdictional areas, if any, along with a general regulatory assessment of planned or potential development activities. The map will be based on the aerial photography and field verification information. Horizon will also provide a general categorization of wetland values for identified jurisdictional areas and include a brief description of regulatory ramifications of potential impacts to these areas. 3 City of Round Rock GRRW Greenbelt Channel Grading Contract for Engineering Services and Water Line Improvements It should be noted that this level of general determination is sufficient for project planning and due diligence purposes,but is not adequate for USACE review and verification or permitting; a significantly greater level of effort is required for permitting purposes. If wetland impacts are necessitated, a detailed wetland delineation will likely be required to accurately determine the areal extent of wetland impacts and to accompany the USACE permit authorization request. If this level of effort is later required, the scope of work can be provided. 3.2 CULTURAL RESOURCES A Horizon archeologist will first access the Texas Historic Commission's (THC's) Texas Archeological Sites Atlas (Atlas) database to ascertain the number, type, and significance of any previously recorded archeological sites and cemeteries within a 0.6-mile (1.0-kilometer [km]) perimeter of the Project Area. The review of this database will also allow for the determination of whether the property has been previously assessed for cultural resources. Additionally, the National Park Service's (NPS) Google Earth National Register of Historic Places (NRHP)map layer will be accessed to determine if any properties listed on the NRHP are present within the 0.6-mile (1.0-km)review perimeter. In addition to the database reviews, Horizon will review soil maps containing the Project Area to determine the potential for soils capable of containing buried and stratified cultural deposits. Subsequent to this review, the archeologist will then prepare a formal agency consultation letter that presents a description of the undertaking, the findings of the background review, as well as the archeologist's opinion regarding the probability for undocumented and/or intact cultural resources being present within the limits of the Project Area. This letter will then conclude with a request for the THC to comment on whether a formal cultural resources survey of the Project Area is required. If a permitting agency requires a formal intensive cultural resources survey of the project based on the results of the background review, a new proposal and costs will need to be submitted to cover any necessary field investigations and reporting. TASK 4. PS&E CHANNEL GRADING 4.1 HYDROLOGY The engineer will delineate channel, culvert, and storm sewer drainage areas, calculate times of concentration, determine land use runoff values, and calculate peak flow rates for the channel. All results will be compared to the 2D model created in previous work authorization for verification purposes. 4 City of Round Rock GRRW Greenbelt Channel Grading Contract for Engineering Services and Water Line Improvements 4.2 HYDRAULICS The engineer will utilize topographical survey, supplemented with LIDAR data to generate an existing hydraulic model in FHWA's HEC-RAS of the greenbelt channel. Cross sections will be cut every 50' and at critical locations along the channel including bends, and upstream and downstream of existing roadway culverts. All hydraulic inputs including Manning's N coefficients and channel characteristics will be field verified and compared to the hydraulic results of the 2D model for verification purposes. Proposed culverts will be sized in HEC-RAS. Storm sewer improvements will be sized and placed on Windy Cove and Knollwood to capture runoff and convey to the greenbelt channel. Inlets and pipes will be placed using GeoPak Drainage to determine inflow and capacity characteristics. All improvements will be detailed in a storm sewer plan and profile sheet. 4.3 WATER QUALITY The engineer will prepare and submit a Water Pollution Abatement Plan Exception request to TCEQ. Correspondence with Kevin Smith at TCEQ via email on 9/8/2020 advised that this would be proper documentation for this project with no geologic assessment, and no permanent water quality controls required. 4.4 QA/QC The Engineer will perform a QA/QC of all documents prior to milestone review meetings. Require these reviews: • Detailed Check Review for all designs, models, calculations, and exhibits • Construction Plans (50%, 75%, and 100%) • Construction Quantities (100%) Deliverables The Engineer will develop the following plan sheets and perform the following engineering tasks in accordance with City of Round Rock's guidelines. All PS&E sheets will be 11"x 17". PS&E deliverables will include a 50%, 75%, and 100% milestone submittals. • Cover Sheet • General Notes • Survey Control Map • Drainage Area Maps • Channel grading typical sections • Channel plan and profile sheets • Storm Sewer Plan and Profile sheets. • Culvert layouts (2) • Channel Hydraulic Data Sheets • Culvert hydraulic data • Erosion Control and Tree Protection Plan • Technical Specifications 5 City of Round Rock GRRW Greenbelt Channel Grading Contract for Engineering Services and Water Line Improvements • Misc. Detail Sheets • TCEQ WPAP Exception Request • Construction quantities and cost estimates TASK 5. PS&E WATER LINE The proposed drainage improvement project includes the replacement of an existing 12-inch asbestos cement pipe located under the drainage channel from McNeil Road to Creekview Drive. The Engineer will develop the following plan sheets and perform the following engineering tasks in accordance with City of Round Rock's guidelines. All PS&E sheets will be 11"x 17". Plan Sheets: • General Notes: The Engineer shall prepare general notes for the project using standard City of Round Rock notes obtained from the City. Additional notes will be added by the Engineer as necessary. • E&Q Sheet: Estimate and Quantity Data Sheet • Project Layout/Horizontal Alignment Layout • Asbestos Cement Removal Plan Sheet(s) • Plan and profile sheets • Tie-In sheets. Review as-builts drawings. • Standard Construction Details • Special construction details for project • Project Manual & Technical Specifications: The Engineer shall prepare a list of specifications complete with standard and special specifications with applicable special provisions needed for the project. • Submit plans to State (TCEQ). QA/QC: The Engineer will perform a QA/QC of all documents prior to milestone review meetings. Require these reviews: • Detailed Check Review for all designs • Construction Plans (50%, 75%, and 100%) • Construction Specifications (100%) PM will maintain documentation of the reviews and it will be made available to the City at their request. All submittals will include a red line set. Milestone Comment Resolution: • Update plans per City of Round Rock comments received from the 50% and 75%review meetings. Construction Estimates: • Construction estimate for the water line replacement. The estimate will be in Microsoft Excel spreadsheet format, reflect local Average Unit Bid items and descriptions. The estimate will contain all major items that will likely be on the project (Current unit bidprices, 6 City of Round Rock GRRW Greenbelt Channel Grading Contract for Engineering Services and Water Line Improvements with a reasonable adjustment for inflation to the anticipated bid opening date, will be used in preparation of the estimates). Deliverables The following will be provided for each design phase: • Electronic Graphics - The Engineer shall provide to the City, an electronic deliverable of the plans (including standard drawings) in PDF Format. • Hard Copy Submittals—The Engineer shall provide to the City, 2 copies of plans(50%, 75%, and 100%) and specifications (100%). • Submittals— 50%, 75%, and 100% submittals will be made. Comments and revisions requested at the review meetings shall be incorporated into the plans for the subsequent submittal. 6. BID PHASE • The Engineer Will: o Prepare Contract Documents and Create Project Manual o Assist the City with Contract advertisement for the New Hope Drive project including preparation of notice and arranging for placement of the advertisement in appropriate newspapers and other media as required. Fees for the advertising will be paid directly by the City and are not included in this Contract. o Coordinate with local print shop to distribute plans and project manuals to interested bidders. o Conduct the Pre-Bid Conference o Answer Bid Questions o Conduct the Bid Opening o Prepare the Bid Tabulation and provide the City with a Recommendation of Award. o Assist the City in execution of the construction contract. • Deliverables: o Notice of Bid o Pre-Bid Conference Meeting Minutes and Attendance List o Addenda as required o Bid Tabulation o Recommendation of Award 7 EXHIBIT C Work Schedule Task Begin End Notice To Proceed 10/1/2020 10/1/2020 Topographical Survey 10/5/2020 10/21/2020 Environmental Studies 10/20/2020 11/20/2020 PS&E 10/21/2020 3/19/2021 50% Submittal 10/21/2020 12/18/2020 50% City Review 12/18/2020 1/8/2021 75% Submittal 1/8/2021 2/5/2021 75% City Review 2/5/2021 2/19/2021 100% Submittal 2/19/2021 3/19/2021 Bid Phase 3/19/2021 4/16/2021 EXHIBIT D Fee Schedule Attached Behind This Page EXHIBIT D - RATE SCHEDULE LJA ENGINEERING RATES Postion Rate ($/hr) Project Principal $ 275 Project Manager $ 245 Quality Manager $ 230 Senior Engineer $ 215 Project Engineer $ 170 Design Engineer $ 155 Engineer-in-Training $ 135 Senior Structural Engineer $ 220 Strucutral Engineer $ 195 Senior Engineering Technician $ 140 Senior CADD Operator $ 125 CADD Operator $ 100 Utility Engineer $ 150 GIS Analyst/Cartography $ 130 GIS Technician $ 115 Admin $ 80 EXHIBIT D- RATE SCHEDULE LJA ENVIRONMENTAL Postion Rate ($/hr) Professional Staff V $ 245 Professional Staff IV $ 220 Professional Staff III $ 195 Professional Staff II $ 170 Professional Staff I $ 145 Project Staff III $ 125 Project Staff II $ 105 Project Staff 1 $ 90 Technician 11 $ 75 Technician 1 $ 60 Admin III $ 135 Admin 11 $ 85 Admin I $ 65 EXHIBIT D - RATE SCHEDULE LJA SURVEY Postion Rate ($/hr) Principal RPLS $ 200 Sr. Project Manager/RPLS $ 185 Project Manager/RPLS $ 160 Sr. Project Surveyor $ 140 Project Surveyor $ 125 Survey Technician $ 105 Survey Draftsman $ 90 One-Man Survey Crew $ 125 Two-Man Survey Crew $ 155 Three-Man Survey Crew $ 180 Four-Man Survey Crew $ 210 Abstractor $ 70 Clerical $ 60 ATTACHMENT D SERVICES FOR GRRW GREENBELT CHANNEL GRADING: LABOR LJA Engineering (Prime) $ 107,000.00 LJA Environmental (Horizon Environmental) $ 4,635.00 LJA Surveying $ 12,785.00 DIRECT COSTS LJA Engineering (Prime) $ 216.00 $ 124,636.00 Channel Grading Attachment D GRRW•CHANNEL GRADING•LJA ENGINEERING Project Project Quality Senior Project DeSenior Design Engineer in Senior CAOD TASK DESCRIPTION Principal Manager Manager Engineer Engineer Engineer Tralning ngineici e n Operator Cedd Operator Utility Engineer Admin Total Techn 275.00 245.00 230.00 215.00 170.00 155.00 135.00 140.00 125.00 100.00 150.00 80.00 HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS :.PreparelManags Project SchedulingTASKAFTOTAL HOURS TASK I TOTAL FEE 0�00��00000 Hydrology Calculations Channel Hydraulics Modeling MCI,n,,l Typical Sections Channel Plan and Profile Cu van Hydraulic Data Sheets Construction Quantities and Cost Estimates TASK 4 TOTAL �lvvatarlina Replacement Utility Coordination to collect inforniation on emsting Willies within project area Project Layout Horizontal Alignment Layout sheat ®Plan and profile sheetsRespond to Bidders Questions �Analyze Contractor Bids,Prepare Bid Tabulation,Prodium Recommendation Lenw Milestone Comment Rettolution �11.slprnd to City 75%-C.nl TASK TASK 5 TOTAL FEE TASK 6-BIDDING PHASE SERVICES �Alhend Pre-Nd Meeting TASK 5 TOTAL HOURS TOTAL HOURS(LJA) TOTAL LABOR FEE(LJA) a� UA Engineering GRRW-CHANNEL GRADING-HORIZON ENVIRONMENTAL Professional Professional Professional Professional Professional TASK DESCRIPTION Staff V Staff IV Staff III Staff 11 Staff I Project Staff III Project Staff it Project Staff I Technician 11 Total 245.00 225.00 195.00 .00 145.00 125.00 105.00 900 75.00 • HOURS 0. r • • - • .URS HOURS HOURS TASK 3.1-WETLAND DETERMINATION Wetland Determination 4 1 18 2 TASK I TOTAL HOURS 00 0.0 0.0 0.0 4.0 1.0 0.0 18.0 2.0 25.0 TASK 1 TOTAL FE $0 $0 $0 $0 $580 $125 $0 $1,620 $150 $2,475 TASK 3.2-CULTURAL RESOURCES Desktop Review 4 SHPO Consultation Letter 4 GIS/Maps for SHPO Consultation Letter 4 TASK 2 TOTAL HOURS 0.0 so 0.0 0.0 0.0 0.0 0.0 4.0 0.0 120 TASK 2 TOTAL FEE 50 $1.800 $0 $0 $0 $0 SO $360 $0 $2.160 TOTAL Task 3 TOTAL HOURS 0.0 8.0 0.0 0.0 4.0 1.0 0.0 22.0 2.0 37.0 TOTAL LABOR FEE $0 $1,800 $0 $0 $580 $125 $0 $1,980 $150 $4,635 Channel Grading Attachment D Page 6 UA Engineering GRRW-CHANNEL GRADING LJA SURVEY Sr.Project Project Sr.Project Project Survey Suvey Two Man Clerical TASK DESCRIPTION Manager RPLS Manager RPLS Surveyor Surveyor Technician Draftsman Survey Crew Total rr 160.00 140.00 125.00 105.00 90.00 155.00 60.00 HOURSHOURS •URS HOURS HOURS • HOURS HOURS TASK 2—TOPOGRAPHICAL SURVEY Task 2,1-RPLS/Prof.Man.,ROE Letters and Notifications 1 1 1 3 Task 2.2-Control(3 Total) 1 1 6 3 11 Task 2.3-Design Survey(drainage,visible utilities, trees(6"and above hardwoods)and 100' 1 2 2 30 35 cross sections @50 feet wide. Task 2.4-Boundary Line Retracement Survey 1 1 6 10 10 28 Task 2.5-Design Survey Mapping 1 1 4 12 18 Task 2.6-Cl Review and Delivery 2 2 2 6 TASK 2 TOTAL HOURS 1.0 6.0 1.0 4.0 15.0 30.0 43.0 1.0 101.0 TASK 2TOTAL FEE $185 $960 $140 $500 $1,575 $2,700 $6,665 $60 $12,785 Channel Grading Attachment D un L.1 i6ii m1=1 ii 16 . GRRW GREENBELT CHANNELAD LJA'S OVERHEAD DIRECT COSTS DIRECT REIMBURSABLE EXPENSES Rate Quantity Cost Photocopies B/W 8 1/2"X 11" /ead $0.12 50 6 Photocopies B/W l I"X 17" /eacl $0.20 200 $40.00 Photocopies Color 8 1/2"X 11" /each $0.75 50 $37.50 Photocopies Color 11"X 17" /eacl $1.50 50 $75.00 Mileage $0.58 100 $57.50 TOTAL LJA DIRECT COSTS $216.00 EXHIBIT E Certificates of Insurance Attached Behind This Page ��a DATE(MM/DD/YYYY) A CCERTIFICATE OF LIABILITY INSURANCE 9/8/2020 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). NTAPRODUCER NCAME. Shelly Brandman/Michelle Weweh USI Southwest 9811 Katy Freeway, Suite 500 A/C.N •713 490-4600 Fa No): Houston TX 77024 ADoaesS: shelly.brandman@usi.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Hartford Casualty Insurance Company 29424 INSURED LJAENGIN INSURER 6:Hartford Fire Insurance Company 19682 LAA Engineering, Inc.Additional Named Insureds Below— INSURER C:Texas Mutual Insurance Company 22945 3600 W Sam Houston Parkway S, Suite 600 INSURER D:Lexington Insurance Company 19437 Houston TX 77042 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1986696609 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DD A X COMMERCIAL GENERAL LIABILITY 61UUNDD3469 9/1/2020 9/1/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGES( RENTED PREMISES Ea occurrence) $300,000 X PD Dad:10,000 MED EXPAn ( y one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY '� ! PEC LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY 61 UENDD9226 9/1/2020 9/1/2021 COEaMBINED ccident SINGLE LIMIT $1,000,000 a X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X BI/PD Ded: 10,000 $ A X UMBRELLA LIAB X OCCUR 61XHUHH0569 9/1/2020 9/1/2021 EACH OCCURRENCE $10,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$in nnn $ C WORKERS COMPENSATION 0002002511 9/1/2020 9/1/2021 X I PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N 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 031565496 9/1/2020 9/1/2021 $5,000,000 Per Claim Liability j $5,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) "Additional Named Insureds": Berg-Oliver Associates, Inc.; 14701 St. Mary's Lane, Suite 400; Houston,TX 77079 Horizon Environmental Services, Inc.; 1507 South IH 35,Austin,TX 78741 LJA Infrastructure, Inc., 2929 Briarpark Drive,Suite 600, Houston,TX 77042 See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS. Attn: City Manager 221 E. Main Street ;AUTH,,,QQQ���IZED REPRESENTATIVE Round Rock TX 78664 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LJAENGIN LOC#: ACO° ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED USI Southwest LJA Engineering, Inc. "Additional Named Insureds Below" POLICY NUMBER 3600 W Sam Houston Parkway S,Suite 600 Houston TX 77042 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE LJA Rail,LLC;2929 Briarpark Drive,Suite 320; Houston,TX 77042 LJA Surveying, Inc.;2929 Briarpark Drive, Suite 175; Houston,TX 77042 LJA Builds, Inc.;2929 Briarpark Drive,Suite 320; Houston,TX 77042 LJA Environmental Services, LLC;2929 Briarpark Drive, Suite 600;Houston,TX 77042 David C. Baldwin, Inc.dba DCBA Landscape Architecture;730 E. Park Blvd; Plano,TX 75704 General Liability Maximum Annual Aggregate limit$10,000,000 All policies listed(except for Work Comp and Professional Liability)include an automatic Additional Insured that provides Additional Insured status to the Certificate Holder only when there is a written contract that requires such status,and only regarding work performed on behalf of the named insured per policy forms HG0001 09/16(includes ongoing operations)&CG2038 04/13(GL); HA9916 03/12(AL);XL0003 09/16(UL). Coverage provided on the General and Auto Liability is primary and non-contributory if required by a written contract executed prior to a loss. All policies listed provide a Blanket Waiver of Subrogation when required by written contract executed prior to a loss per policy forms HG0001 09/16(GL); HA9916 03/12(Auto);XL0003 09/16(UL);and WC420304B (WC). The Umbrella Liability policy follows form to the underlying General,Automobile and Employers Liability policies. All policies listed include an endorsement providing that 30 days notice of cancellation for reasons other than nonpayment of premium and 10 days notice of cancellation for non-payment of premium will be given to the Certificate Holder by the Insurance Carrier,if required by written contract. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2020-665233 LJA Engineering, Inc. Houston,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/08/2020 being filed. City of Round Rock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2601-2001 Professional Engineering Services for the Greater Round Rock West-Greenbelt Channel Improvement 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Shackett,John D. Houston,TX United States X Collins,Jeff P. Houston,TX United States X Ross,James D. Houston,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Kenneth G. Schrock and my date of birth is My address is 7500 Rialto Blvd, Ste. 150 Austin TX 78735 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Travis County, State of Texas on the 8 day of September,20 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2020-665233 LJA Engineering, Inc. Houston,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/08/2020 being filed. City of Round Rock Date Acknowledged: 09/11/2020 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2601-2001 Professional Engineering Services for the Greater Round Rock West-Greenbelt Channel Improvement 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Shackett,John D. Houston,TX United States X Collins,Jeff P. Houston, TX United States X Ross,James D. Houston,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of ,20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d