Contract - LJA Engineering - 2/24/2022 sir
ROUND ROCK 'EIXAS
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: LJA ENGINEERING, INC. ("Engineer")
ADDRESS: 7500 Rialto Boulevard Austin., Texas 78735
PROJECT: Round Rock West Area 5 -'Nater Wastewater and Storm Drain,Improvements
THE STATE OF TEXAS §
COUNTY OFWILLIANISON §
Ttll�CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this then!Cday or fP-bru6La,;,.-,2022 by and between the CITY OF ROUND ROCK, a Texas home-
rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Goverin-nent 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 desires to use American Rescue Plan funds fees and costs associated with the
Project;
WHEREAS, City shall comply with the requirements of 2 CFR Part 200 and any other
applicable federal requirements related to the procurement and expenditure: of fees and costs related to
the Project;
WHEREAS, City and Engineer wish to docurnent their agreement concerning the requirements
and respective obligations of the parties;
P,-2,OV-0-7 73
Finginccring Services Contract
0199.202208;4881-7672-8589/ss2
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:
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.
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(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.
(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 Sixty-Five Thousand Nine Hundred One and 25/100 Dollars
0365.901.20 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 PA"MNT
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.
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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.
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:
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Federico Sanchez
Project Manager
3400 Sunrise Road
Round. Rock, Texas 78665
Telephone Number (512) 218-6609
Fax Number(51.2) 255-6911
Email address ( ilmadug �c� mpw .g ::
City's Designated Representative shall be authorised 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 oft this Contract is as follows:
Derek Bohls, PE, CFM
Project ]`Manager
7500 Rialto Boulevard
.Austin, TX 78735
Telephone Number (512) 439-4744
Email Address dollls�ji.L. � �qrs
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
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(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be affected 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 parries, 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
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due for such Engineering Services.
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,
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corrections or additions to the work and documents for the purposes of completing, using and
maintaining the Project.
City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
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 fin-nish 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.
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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
TERIVIINATION
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
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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 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 fizrnish 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
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against a firearm entity or firearm trade association; and(2) will not discriminate during the term of the
contract against a 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) This Project is being assisted by the United States of America. Engineer and City
acknowledge and agree that this is a federally assisted Project, and as such, shall comply with all such
requirements. Said requirements include, but are not limited to, compliance with 2 CFR 200 and the
Equal Opportunity Act and any other federal regulations, code provisions, orders and rules, including
but not limited to,the federal regulations set forth in Exhibit E, attached hereto and incorporated herein
by reference for all purposes.
(6) 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.
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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.
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.
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(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."
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.
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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:
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:
LJA Engineering, Inc.
7500 Rialto Boulevard
Austin, TX 78735
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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.
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.
15
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above:-stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through
its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and full performance of the terms and provisions hereof.
CITY OF ROUND ROCK, TEXAS API OV AS TO FORM:
By: keJ,
Craig Mor an, M or Stephan 'Sheets, City Attorney
ATTEST:
By. k
Meagan Spin. s,\City Cle
LLA ENGINEERING, INC.
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Printed Name:
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 Federal Requirements
(6)Exhibit F Certificates of Insurance
17
City of Round Rock RRW Area 5 Water, Wastewater,
Contract for Engineering Services and Storm Drain Improvements
Exhibit A
Services to be Provided by the City
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 Contract.
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 RRW Area 5 Water,Wastewater,
Contract for Engineering Services and Storm Drain Improvements
EXHIBIT B
Services to be Provided by the Engineer
Round Rock West Area 5 Water,Wastewater,
and Storm Drain Improvements
General Work Description:
Provide plans, specifications, and estimates(PS&E)for the proposed storm drain improvements
needed to reduce flooding at 2 locations, Creekview Dr and Lime Rock Dr. The project will also
replace wastewater and water lines at both locations to accommodate the added storm drain. The
project will include topographical survey, Subsurface Utility Engineering(SUE), environmental
assessment and permitting,the preparation of construction plans,bidding, and construction phase
services.
Location 1 —Creekview Dr(Area 5 System 3)
• Creekview Dr from Oakridge Dr to RRW Greenbelt Trail
• Wood Rock Dr from Creekview to Blanchard Dr
Location 2—Lime Rock Dr(Area 5 System 9)
• Lime Rock Dr from St Williams Ave to Bluff Dr
• St Williams Ave from Lime rock Dr to Bluff Dr
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. Utility Coordination Meetings(2)
E. 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 location 1 and 2 corridors.
3. Collect topographic field data from right-of-way to right-of-way
and storm easement areas for area 5 system 3 ((1,500 lineal feet
roadway, 140 feet storm easement) and area 5 system 9 (1,800
City of Round Rock RRW Area 5 Water,Wastewater,
Contract for Engineering Services and Storm Drain Improvements
lineal feet roadway, 120 feet storm easement). All ground
features will be included but not limited to,natural ground spot
elevations, gradebreaks, 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 and AutoCAD (DWG)
format.Property and parcel 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 provided by
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.
City of Round Rock RRW Area 5 Water, Wastewater,
Contract for Engineering Services and Storm Drain Improvements
Fi uure 1 Location 1 - Creekvievw Dr
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City of Round Rock RRW Area 5 Water,Wastewater,
Contract for Engineering Services and Storm Drain Improvements
TASK 3. SUBSURFACE UTILITY ENGINEERING
3.1 SUE—LEVEL A&B
LJA Survey will provide SUE QL-D utility research, SUE QL-C on above ground visible
utilities, SUE QL-B designation(along 3,300 lineal feet of roadway from right of way to right of
way and along two 20 foot wide easement corridors), and perform SUE QL-A pothole locations
for two field days on the Area 5 System 3 and 9 project located in Round Rock,Williamson
County,Texas.
• Contact Texas 811 and produce ticket submittals for all utilities within the project area to
mark their utilities before field personnel are mobilized to project site for survey.
• Perform records research for all utility assets within the specified areas in Exhibit"A"
above including from the TXDOT Right-of-Way to the edge of areas shaded red,blue,
and green.
• Collect field data on all above ground visible utilities within the specified area in Exhibit
"A"above.
• Provide designation, survey locations and deliverables of all underground utilities(SUE)
within the specified area in Exhibit"A"above.
• Collect depth, or approximate cover of facilities where possible and only to the extent
that the depth can be determined during the Level B location.
• Provide SUE Quality Level B mapping as defined by the American Society of Civil
Engineers"Standard Guideline for the Collection and Depiction of Existing Subsurface
Utility Data"for this Scope of Work.
• Sub-contractor will perform SUE Quality Level A test holes for a maximum of four(4)
locations determined by client and will be assisted by LJA Survey field personnel during
survey.
• Provide SUE Quality Level A mapping on potholes performed by sub-contractor. The
depth of all potholes shall be six (b) feet deep and will be potholed at each location where
an underground utility asset has been identified within the search area requested.
DELIVERABLES
• Civil 3D 2019 CAD Base File
• SUE QL-A Survey Report
• PNEZD Point File in .txt format
• Field notes and photos taken at time of survey
City of Round Rock RRW Area 5 Water,Wastewater,
Contract for Engineering Services and Storm Drain Improvements
ASSUMPTIONS
• No lanes of traffic will need to be closed for this scope of work.
• No survey work will need to be performed within any lanes of traffic.
• LJA Survey will utilize traffic control plans established by TXDOT to complete this
scope of work.
• Boundary, surface topography or as-builts will not be necessary for this scope of work.
• Ground penetrating radar will not be necessary.
• If soil conditions exist such as hard rock/limestone that prevent excavation efforts,work
will cease, and Client or client's representative will be notified and wait for issue to be
addressed.
• If excessive ground or drainage runoff water is encountered,Client will have the option
of having LJA Survey skip over the area or direct to continue with excavation efforts
based upon the Time and Materials schedule.
• If soil contaminants are encountered that result in additional handling and disposal
requirements,additional costs may apply according to the agreed upon rate schedule on a
Time and Materials basis.
• If for any reason,the scope of work is altered beyond what is agreed upon within this
document,work will cease until such time as a Change Order may be generated and
executed for agreement of additional services.
• Clearance of existing transmission lines and other features will not hinder access of
excavation truck mobilization to survey locations or work to be performed at each test
hole location.
• No permits will be needed for this scope of work.
• Work that requires any type of air respirators will result in additional charges for
equipment and compensation for additional time.
• LJA will request from Client to dump any excess excavated spoils at a location on-site, if
possible.
• If applicable,Client will provide a nearby water source for excavation truck to utilize
during performance of survey.
• Client will provide all necessary site or project specific orientations or training before
LJA field personnel or sub-contractors are mobilized to project site.
• No construction services are included for this scope of work.
• No ALTA or Metes and Bounds description will be needed for this scope of work.
City of Round Rock RRW Area 5 Water, Wastewater,
Contract for Engineering Services and.Storm Drain Improvements
TASK 4. GEOTECHNICAL ENGINEERING—BEYOND(SUB)
4.1 GEOTECHNICAL ENGINEERING SERVICES
The intent of this study is to provide Client and the design team with specific information about
the subsurface soil conditions at the proposed site. BEYOND will provide a representative in the
field during subsurface investigation to log subsurface materials while drilling and to direct the
drill crew during all field activities.
EXPLORATORY BOREHOLES
Geotechnical drilling and sampling will be conducted in accordance with the current standard of
practice based on applicable ASTM standards. The following is a summary of the field exploration
activities:
• Coordinate field activities with Client or the designated representative.
• Call Texas811 to initiate underground utility"clearance"(Note that this only assists
with utilities registered with Texas811;municipal electrical/water/sewer may not be
part of 811)
• Site visit and mark boring locations in field based on site plan provided by Client
showing locations of existing underground utilities.
• Drill four(4)boreholes to a depth of 20 feet at the locations selected by client. If
bedrock is encountered, drill a minimum of 5 feet into bedrock to verify.
• We plan to auger through the existing pavement and record pavement section
thickness at each boring location. Latitude and longitude of each bore location will
be recorded with handheld GPS unit and be shown on individual boring log.
• We will wrap or bag all recovered soil samples. All samples will be labeled and
stored in core boxes.
• We will return all samples to the laboratory where the engineer will review them and
perform visual classification.We will store the samples for 60 days,upon which they
will be discarded unless otherwise requested.
• We will make short-term observations for groundwater during the drilling operations.
• Backfill boreholes same day with bentonite chips upon completion of drilling and
use cold asphalt patch at the pavement surface.
LABORATORY TESTING
Geotechnical laboratory testing is not included in the current work scope, per Client's request.
LETTER REPORT
A geotechnical engineer will coordinate the field activities and prepare the letter report. The
letter report and will contain the following:
0 A site plan indicating borehole locations;
City of Round Rock RRW Area 5 Water, Wastewater,
Contract for Engineering Services and Storm Drain Improvements
• Boring logs with sample methods,material descriptions,groundwater observations,
and other pertinent observations.
EXCLUSIONS
The following services are specifically excluded in the scope of services at this time:
• All required permitting activities.
• Site Clearing or All-Terrain-Vehicle(ATV)Drill Rig.
• Locating underground utilities (other than coordinating Texas 811 and relying on
site plan provided by Client)is not included in current scope and will incur
additional cost if needed.
• All environmental services or other issues related hazardous materials, if encountered.
• Land or elevation surveys.
ASSUMPTIONS
• We understand that storm sewer lines will be constructed along residential streets for
City of Round Rock. To better define subsurface soil conditions and depth of rock if
encountered,geotechnical borings are requested by Client along the storm sewer line
alignments. The client has selected the boring locations and the boring depth of 20
feet which is at least 10 feet below the proposed pipe invert depths.
• We assume road work permit or submittal of traffic control plan would not be needed and
the project site is accessible to a conventional 2-wheel drive truck-mounted drill rig. As
requested,the borings will be drilled through existing city street pavement and traffic
cones will be used to block one-direction road traffic during drilling.
• Required by Others:
o Schematic of existing underground structures,pipelines and other known
structures that can interfere with boreholes.
o Project design criteria, loadings and drawings.
o Proposed site layout.
• Access to the Property:BEYOND's proposed fee assumes that the Client will provide
landowner permission for site access. If access gates are locked, we will need keys,
combinations, or a scheduled meeting with the landowner for access.
• BEYOND requires Client to provide a schematic of existing underground structures,
if there are such documents. BEYOND will initiate underground utility clearance
through appropriate utility locate companies, but those services can only clear
locations of utilities registered with Texas 811.
• All meetings are assumed to be via conference calls;therefore,no travel is anticipated
for attending project meetings.
City of Round Rock RRW Area 5 Water,Wastewater,
Contract for Engineering Services and Storm Drain Improvements
• Client will provide any other completed studies, reports, plans, plats, existing site
topographic information,or data that may be of assistance or necessary for BEYOND
to perform under this Agreement. BEYOND has the right to rely on information
contained in documents provided by Client.
• Client will be responsible for all application and permit fees required by any involved
agencies.
• BEYOND will perform its services in a manner consistent with the standard of care
and skill ordinarily exercised by members of the profession practicing under similar
conditions in the geographic vicinity and at the time the services will be performed.
No warranty or guarantee, express or implied, is provided as part of the services
offered by this proposal.
• Engineering services, meetings and consultation, as well as special administrative
task outside of the scope specifically addressed in the proposal above,are considered
a separate item to be charged at the appropriate professional staff rate.
SCHEDULE
BEYOND will initiate the underground utility search within one day of receiving Notice to
Proceed (NTP) or signed Work Authorization. The drill crew can normally mobilize within
1 week of NTP but will vary depending on project schedule and crew availability. The
geotechnical field work is anticipated to take one day to complete, but also dependent on
clearance of underground structures, access to all boreholes and weather conditions.
BEYOND can provide a report within one week after completion of drilling, which will
contain a cover letter and boring logs.
TASK 5. ENVIRONMENTAL STUDIES
5.1 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.
City of Round Rock RRW Area 5 Water,Wastewater,
Contract for Engineering Services and Storm Drain 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.
5.2 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 NRNP 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.
5.3 GEOLOGIC ASSESSMENT
The Engineer will conduct a Geological Assessment(GA) of the Creekview and Lime Rock sites
that is sufficient to address the Texas Commission on Environmental Quality (TCEQ)
requirements.
Background Information Compilation — Published reports will be reviewed and the information
used to describe the geological and groundwater conditions within approximately 0.5 miles of the
property.Primary sources of this information will be geological and groundwater reports published
by the Texas Bureau of Economic Geology,Texas Water Development Board,and US Geological
Survey (USGS). Relevant theses and dissertations, cave-related publications, fault and lineament
maps, and digital topographic maps from the USGS will also be examined.
City of Round Rock RRW Area 5 Water,Wastewater,
Contract for Engineering Services and Storm Drain Improvements
Aerial Photography Examination — Photography of the property and surrounding areas will be
examined for evidence of lineaments, sinkholes, lithologic contacts, bluffs, and other relevant
geological features.Photography available from the Texas Natural Resources Information System
(TNRIS)will be used for this purpose.
Field Survey — A walking survey will be conducted to locate and describe recharge, karst, and
other critical environmental features that may require protection or mitigation.The survey will be
conducted along transects with 50-foot spacing unless site conditions require closer transects.
Identified features will be staked and/or flagged and photographed, and their positions will be
determined using a handheld GPS device.Horizon assumes that the survey will be conducted only
within the boundaries of the property,and that access to the property will be made available by the
project owner. If other areas need to be examined, a separate cost estimate will be submitted for
the additional work.
Excavation of Features — An initial reconnaissance excavation and probing of non-cave karst
features will be conducted to determine if a cave is present. Such excavations and probing will be
done by hand only, and steps will be taken to return the features to their original state following
excavation. For features that cannot be excavated and probed by hand, other signs (e.g., air flow,
presence of cave crickets) will be used to assess whether a cave is present. At this time, Horizon
would not propose to use any remote sensing technology (e.g., geophysics or video cameras) to
investigate such features.
Report Preparation —A written report will be prepared that contains the information required by
the TCEQ. The TCEQ geologic assessment reports should be submitted to the project owner's
engineer to assist in the development of an Edwards Aquifer protection plan and the selection of
pollution abatement measures for the property. The report will include, as appropriate:
• Narrative that describes the location, topography, physiography, roads, drainages, and
impervious cover of the property and adjacent area.
• Narrative of the geology of the property and adjacent area that addresses stratigraphy,
geologic structure, lithologic contacts, fractures, faults, sinkholes, known caves, springs,
karst zones,and soil units.
• Narrative describing the field survey and methods.
• Narrative describing each identified karst and recharge feature,including dimensions,type,
trend, possible origin, entrance elevation, geologic characteristics, surface drainage area
and conditions,results of excavation,and wildlife observations.
• USGS 7.5-minute topographic map or equivalent map delineating the property,karst faunal
zones (as defined by the US Fish and Wildlife Service [USFWS]), identified features in
the surveyed area, and recommended protection areas (if applicable). The map shall also
show caves, sinkholes, fractures, faults, and water wells within 0.5 miles of the property
discovered from literature, aerial photographs, or other sources.
• Site geology map, soils map,and a stratigraphic column.
City of Round Rock RRW Area 5 Water, Wastewater,
Contract for Engineering Services and Storm Drain Improvements
SCHEDULE
Horizon expects to complete the scope of work within 30 calendar days of receiving notice to
proceed. Horizon's report of findings will be provided in PDF format.
COST/SERVICES NOT INCLUDED
In the event that additional services are determined necessary upon completion of the scope of
work, such as additional excavation, cave surveying/mapping, biological collections, detailed
pollution abatement plans for significant features, detailed topographic surveys, and/or
coordination with federal,state,or local regulatory agencies are beyond the scope of this proposal.
If significant features are found during Horizon's field investigation,Horizon will coordinate with
you on these findings.Additional services beyond the scope of this proposal will not be conducted
without prior written approval.
5.4 SEWER COLLECTION SYSTEM PLAN
The engineer will prepare and submit a SCS Plan to TCEQ. Correspondence with Betsy Yockey
at TCEQ via email on 1/7/2022 advised that this would be required along with Geologic
Assessment.
5.5 WATER QUALITY
The engineer will prepare and submit a Water Pollution Abatement Plan Exception request to
TCEQ. Correspondence with Betsy Yockey at TCEQ via email on 1/'7/2022 advised that this
would be proper documentation for this project, and no permanent water quality controls
required.
5.6 ENDANGERED SPECIES
The engineer will prepare and submit an Exception request to TCEQ. The type of work being
performed in this project does not warrant an Endangered Species investigation.
TASK b. PS&E STORM DRAIN
6.1 GENERAL,TRAFFIC, & EROSION CONTROL
The engineer will develop General Notes, Qty Summary, Project Layouts, special details,Traffic
Control Detour Layouts,Typical Sections, and Identify standards required for the plan
development. The engineer will use the existing CL alignments for each location and provide
Horizontal Alignment Data. Erosion control measures and tree protection plan will be combined
and developed for each location.
6.2 HYDROLOGY &HYDRAULICS
The engineer will delineate on-site storm drainage areas,calculate times of concentration,
determine land use runoff values,and calculate peak flow rates for the storm sewer using the
Rational Method,modeled in Geopak Drainage. Inlets and pipes will be placed using Geopak
City of Round Rock RRW Area 5 Water,Wastewater,
Contract for Engineering Services and Storm Drain Improvements
Drainage to determine inflow and capacity characteristics. All restoration,mill &overlay limits,
and proposed improvements will be detailed in a storm drain plan and profile sheets. 2D model
and exhibits created in previous work authorization will be updated after 100%milestone.
6.3 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(30%, 60%, 90%and 100%)
• Construction Quantities(100%)
• Document&Address City Comments
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 30%, 60%, 90%, and 100%milestone submittals. Sheet type&
anticipated sheet count provided below.
• Cover Sheet(1 sheet)
• General Notes—CORR standard notes. Additional notes as necessary. (2 sheet)
• Overall Site Map(1 sheet/site)
• Survey Control Map(1 sheet)
• Quantity Summary Sheets (1 sheet/site)
• Traffic Control Plan(8 sheets/site)
• Roadway Horizontal Alignment Data(1 sheet)
• Drainage Area Maps—On-site(2 sheets/site)
• Storm Drain Plan and Profile Sheets—50 Scale(3 sheets/site)
• Storm Drain Hydraulic Data Sheets(2 sheets/site)
• Erosion Control and Tree Protection Plan—50 Scale(2 sheets/site)
• Misc. Detail Sheets(2 sheets)
• Prepare Exhibits for UC(2 sheets/site)
• Applicable Standards (25 sheets)
• Technical Specifications
• Construction quantities and cost estimates (to include W&WW gtys)
• Update 2D Model and Inundation Maps after 100%milestone
City of Round Rock RRW Area 5 Water,Wastewater,
Contract for Engineering Services and Storm Drain Improvements
ASSUMPTIONS
In preparing this proposal,we have made the following assumptions:
• Pavement work is limited to mill&overlay and trench repair. The proposed
pavement section is to match existing.
• Road profile design/sheets are not required.
• Offsite Drainage calculations are not required since there are no major
changes to street configuration. Only On-site drainage will be analyzed for
the storm drain improvements.
• Traffic control will include narrative,typical,detour layouts(full &partial
closure),and 2-Phase TCP for each site. Applicable TCP standards will be
included.
• Erosion Control and tree protection layouts for each site
• CORR will lead utility coordination efforts. Engineer will provide exhibit
support and attend 2 meetings as requested by CORK.
• Both locations will be one(1)PS&E package
TASK 7. PS&E WATER&WASTEWATER
The proposed drainage improvements for Creekview Dr, Location 1, includes the replacement of
8-inch and 6-inch water lines and two 6-inch wastewater lines, including service lines,along
Creekview Dr and Wood Rock Dr. Location 2,Lime Rock Dr, includes the replacement of 6-
inch and 4-inch water lines and two 6-inch wastewater lines, including service lines, along Lime
Rock Dr and Aqualine Cove. 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
• Asbestos Cement Removal Plan Sheet(s)(included w/W/WW sheets)
• Water Plan and Profile Sheets,40 Scale(4 sheets/site)
• Wastewater Plan&Profile Sheets,40 Scale (4 sheets/site)
• Tie-In Sheets. Review as-builts drawings.
• ID Water&Wastewater Standards (sheets included in task 6)
• Misc. Detail Sheets(2 sheets)
• Submit plans to State(TCEQ)
City of Round Rock RRW Area 5 Water, Wastewater,
Contract for Engineering Services and Storm Drain Improvements
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(30%,60%, 90%and 100%)
• Construction Quantities (100%)
• Document&Address City Comments
CONSTRUCTION ESTIMATE:
Construction estimate for the water and wastewater 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 bid prices,
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 and
specifications at 100% Submittal Only.
• Submittals—30%, 60%, 90%, and 100% submittals will be made. Comments and
revisions requested at the review meetings shall be incorporated into the plans for the
subsequent submittal.
• Construction Cost Estimate (gtys included with task 6)
ASSUMPTIONS
In preparing this proposal,we have made the following assumptions:
• Full replacement of water&wastewater through project limits
• Existing wastewater MH to MH locations control limits for both utilities
• Site 1 Replacing 1320 LF W& 1320 LF WW
• Site 2 Replacing 1470 LF W& 1470 LF WW
City of Round Rock RRW Area 5 Water, Wastewater,
Contract for Engineering Services and Storm Drain Improvements
TASK 8.BID PHASE
The Engineer will:
• Provide Bid Form&Quantities(referencing City standard specifications or
special specifications)
• Attend Pre-Bid Meeting
• Respond Contractor questions
• Assist City with addenda preparations (Up to 3 addenda)
• Evaluate Bids and Prepare Award Recommendation
TASK 9. CONSTRUCTION PHASE
The Engineer will:
• Attend Pre-Construction Meeting
• Attend Progress Meetings(10 meetings: On-site or Office)
• Maintain Submittal Log& Perform Review(Est. 25 submittals)
• Respond to Request For Information(Est. 10 BFI's)
• Develop Change Orders &Revisions(Est. 2 CO/Revisions)
• Construction Observation(Est. 2 Site Visits)
• Substantial Completion Walk-through&Prepare punch list
• Final Walk-through Meeting(Punch List&Meeting Notes)
• Prepare Record Drawings
• Provide Engineer's Concurrence Letter
ASSUMPTIONS
In preparing this proposal,we have made the following assumptions:
• Construction Duration up to 1-yr, 6 months per site.
City of Round Rock RRW Area 5 Water,Wastewater,
Contract for Engineering Services and Storm Drain Improvements
EXHMff C
Work Schedule
Task Begin End
Notice To Proceed 2/07/2022 2/07/2022
Topographical Survey 2/14/2022 3/18/2022
Environmental Studies 3/21/2022 4/15/2022
PSM 3/21/2022 9/02/2022
30%Submittal 3/21/2022 5/13/2022
30%City Review 5/13/2022 5/27/2022
60%Submittal 5/30/2022 7/01/2022
60%City Review 7/01/2022 7/15/2022
90%Submittal 7/18/2022 8/19/2022
90%City Review 8/19/2022 9/02/2022
100%Submittal 9/06/2022 10/07/2022
Bid Phase 10/10/2022 11/11/2022
Construction Phase 11/14/2022 11/10/2023
City of Round Rock RRW Area 5 Water,Wastewater,
Contract for Engineering Services and Storm Drain Improvements
EXHMIT D
Fee Schedule
See Attached.
Exhibit D
Fee Schedule
Project Name: RRW Area 5 Water,Wastewater,and Storm Drain Improvements
Total Total Other TOTALS
Task Labor Hours Loaded Labor Cost Direct Costs Subconsultants
Task 1: Project Management 54 $10,770.00 $0.00 $0.00 $10,770.00
Task 2: Survey 205 $26,120.00 $0.00 $0.00 $26,120.00
Task 3: Subsurface Utility Engineering(SUE) 180 $24,740.00 $0.00 $0.00 $24,740.00
Task 4: Geotechnical Engineering 22 $0.00 $0.00 $5,580.00 $5,580.00
Task 5: Environmental 153 $21,815.00 $0.00 $0.00 $21,815.00
Task 6: PS&E Storm Drain 900 $125,900.00 $2,800.00 $0.00 $128,700.00
Task 7: PS&E Water&Wastewater 554 $76,080.00 $0.00 $0.00 $76,080.00
Task 8: Bid Phase 20 $3,850.00 $0.00 $0.00 $3,850.00
Task 9: Construction Phase 132 $20,520.00 $0.00 $0.00 $20,520.00
Task 10:Contingency- IS% $47,726.25 $0.00 $0.00 $47,726.25
GRAND TOTAL: 2220 $357,521.25 $2,800.00 $5,580.00 $365,901.25
EXHIBIT E: FEDERAL REQUIREMENTS FOR AMERICAN RESCUE PLAN PROJECTS
Section No. Title
FR-01 Breach of Contract Terms
FR-02 Termination of Contract
FR-03 Equal Employment Opportunity-41 CFR Part 60-1.4(b)
FR-04 Standard Federal Equal Employment Opportunity Construction Contract
Specifications—41 CFR Part 60.4.3
FR-05 Copeland Anti-Kickback Act 29 CFR Part 5
FR-06 Davis-Bacon Labor Requirements 29 CFR part 5
FR-07 Contract Work hours and Safety Standards Act Requirements
FR-08 Rights to Inventions
FR-9 Access to Records and Record Retention
FR-10 Clean Air and Water Pollution Control
FR-11 Energy Conservation Requirements
FR-12 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion
FRA 3 Lobbying and Influencing Procurement
FR-14 Domestic Preference for Procurements
FR-15 Procurement of Recovered Materials
Page 21
FEDERAL REQUIREMENTS:-FR-01
BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the contractor
or their subcontractors may result in the suspension or termination of this
contract or such other action that may be necessary to enforce the rights of the
parties of this agreement. The duties and obligations imposed by the Contract
Documents and the rights and remedies available thereunder shall be in
addition to and not a limitation of any duties, obligations, rights and remedies
otherwise imposed or available by law.
Page 22
FEDERAL REQUIREMENTS: FR-02
TERMINATION OF CONTRACT
1 The City may, by written notice, terminate this contract in whole or in part at
any time, either for the City's convenience or because of failure to fulfill the
contract obligations. Upon receipt of such notice services shall be immediately
discontinued (unless the notice directs otherwise) and all materials as may have
been accumulated in performing this contract, whether completed or in progress,
delivered to the City.
2 If the termination is for the convenience of the City, an equitable adjustment in
the contract price shall be made, but no amount shall be allowed for anticipated
profit on unperformed services.
3 If the termination is due to failure to fulfill the contractor's obligations, the City
may take over the work and prosecute the same to completion by contract or
otherwise. In such case, the contractor shall be liable to the City for any additional
cost occasioned to the City thereby.
4 If, after notice of termination for failure to fulfill contract obligations, it is
determined that the contractor had not so failed, the termination shall be deemed
to have been effected for the convenience of the City. In such event, adjustment
in the contract price shall be made as provided in this clause.
5 The rights and remedies of the City provided in this clause are in addition to
any other rights and remedies provided by law or under this contract.
Page 23
FEDERAL REQUIREMENTS: FR-03
EQUAL EMPLOYMENT OPPORTUNITY-Executive Order 11246 as amended.
41 CFR PART 60-1.4(b)
During the performance of this contract,the contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be
limited to the following: Employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
considerations for employment without regard to race, color, religion, sex, or
national origin.
c. The contractor will send to each labor union or representative of workers
with which he/she has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency contracting officer,
advising the labor union or workers' representatives of the contractor's
commitments under Section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
d.The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, as amended, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
e.The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his/her books,
records, and accounts by the contracting agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
f. In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the such rules, regulations, or orders, this
contract may be cancelled, terminated or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedure authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of
Page 24
September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
g. The contractor will include the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of-September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with
respect to any subcontract or purchase order as may be directed by the
Secretary of Labor as a means of enforcing such provision, including sanctions
for noncompliance: Provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the administering agency the contractor may request the
United States to enter into such litigation to protect the interests of the United
States.
[Sec. 202 amended by EO 11375 of Oct 13, 1967, 32 FR 14303, 3 CFR, 1966-
1970 Comp., p. 684. EO 12086 of Oct5, 1978, 43 FR 46501, 3 CFR, 1978 Comp.,
p. 230]
SEC. 203.Each contractor having a contract containing the provisions prescribed
in Section 202 shall file, and shalt cause each of his subcontractors to file,
Compliance Reports with the contracting agency or the Secretary of Labor as
may be directed. Compliance Reports shall be filed within such times and shall
contain such information as to the practices, policies, programs, and
employment policies, programs, and employment statistics of the contractor and
each subcontractor, and shall be in such form, as the Secretary of Labor may
prescribe.
Contractors or subcontractors may be required to state whether they have
participated in any previous contract subject to the provisions of this Order, or
any preceding similar Executive order, and in that event to submit, on behalf of
themselves and their proposed subcontractors, Compliance Reports prior to or
as an initial part of their bid or negotiation of a contract.
Whenever the contractor or subcontractor has a collective bargaining agreement
or other contract or understanding with a labor union or an agency referring
workers or providing or supervising apprenticeship or training for such workers,
the Compliance Report shall include such information as to such labor union's
or agency's practices and policies affecting compliance as the Secretary of
Labor may prescribe: Provided, That to the extent such information is within the
exclusive possession of a labor union or an agency referring workers or
providing or supervising apprenticeship or training and such labor union or
agency shall refuse to furnish such information to the contractor, the contractor
shall so certify to the Secretary of Labor as part of its Compliance Report and
shall set forth what efforts he has made to obtain such information.
The Secretary of Labor may direct that any contractor or subcontractor shall
submit, as part of his/her Compliance Report, a statement in writing, signed by
Page 25
an authorized officer or agent on behalf of any labor union or any agency
referring 'workers or providing or supervising apprenticeship or other training,
with which the contractor deals, with supporting information, to the effect that
the signer's practices and policies do not discriminate on the grounds of race,
color, religion, sex or national origin, and that the signer either will affirmatively
cooperate in the implementation of the policy and provisions of this Order or that
it consents and agrees that recruitment, employment, and the terms and
conditions of employment under the proposed contract shall be in accordance
with the purposes and provisions of the order. In the event that the union, or the
agency shall refuse to execute such a statement, the Compliance Report shall
so certify and set forth what efforts have been made to secure such a statement
and such additional factual material as the Secretary of Labor may require.
[Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR,
1966-1970 Comp., p. 684; EO 12086 of Oct. 5, 1978,43 FR 46501, 3 CFR, 1978
Comp., p.230]
Page 26
FEDERAL REQUIREMENTS: FR-04
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS -41 CFR Part 60.4.3
1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation
from which this contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance
Programs (OFCCP),
U.S. Department of Labor, or any person to whom the Director delegates
authority;
C. "Employer identification number" means the Federal social security
number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury
Department Form 941;
d. "Minority" includes:
(i) Black (all) persons having origins in any of the Black African racial groups
not of Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South
American, or other Spanish culture or origin regardless of race);
(iii) Asian and Pacific Islander (all persons having origins in any of the original
peoples of the Far East, Southeast Asia, the Indian Subcontinent, or
the Pacific Islands); and
(iv)American Indian or Alaskan native (all persons having origins in any of
the original peoples of North America and maintaining identifiable tribal
affiliations through membership and participation or community
identification).
2. Whenever the contractor, or any subcontractor at any tier, subcontracts a
portion of the work involving any construction trade, it shall physically include
in each subcontract in excess of $10,000 the provisions of these specifications
and the Notice which contains the applicable goals for minority and female
participation and which is set forth in the solicitations from which this contract
resulted.
3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown
Plan approved by the U.S. Department of Labor in the covered area either
individually or through an association, its affirmative action obligations on all
work in the Plan area (including goals and timetables) shall be in accordance
with that Plan for those trades which have unions participating in the Plan.
Contractors shall be able to demonstrate their participation in and compliance
Page 27
with the provisions of any such Hometown Plan. Each contractor or
subcontractor participating in an approved plan is individually required to
comply with its obligations under the EEO clause and to make a good faith effort to
achieve each goal under the Plan in each trade in which it has employees. The
overall good faith performance by other contractors or subcontractors toward a
goal in an approved Plan does not excuse any covered contractor's or
subcontractor's failure to take good faith efforts to achieve the Plan goals and
timetables.
4. The contractor shall implement the specific affirmative action standards
provided in paragraphs 18.7a through 18.7p of these specifications. The goals set
forth in the solicitation from which this contract resulted are expressed as
percentages of the total hours of employment and training of minority and
female utilization the contractor should reasonably be able to achieve in each
construction trade in which it has employees in the covered area. Covered
construction contractors performing construction work in a geographical area
where they do not have a Federal or federally assisted construction contract shall
apply the
minority and female goals established for the geographical area where the work
is being performed. Goals are published periodically in the Federal Register in
notice form, and such notices may be obtained from any Office of Federal
Contract Compliance Programs office or from Federal procurement contracting
officers. The contractor is expected to make substantially uniform progress in
meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement nor the
failure by a union with whom the contractor has a collective bargaining agreement
to refer either minorities or women shall excuse the contractor's obligations under
these specifications, Executive Order 11246 or the regulations promulgated
pursuant thereto.
6. In order for the non-working training hours of apprentices and trainees to
be counted in meeting the goals, such apprentices and trainees shall be employed
by the contractor during the training period and the contractor shall have
made a commitment to employ the apprentices and trainees at the
completion of their training, subject to the availability of employment
opportunities. Trainees shall be trained pursuant to training programs approved by
the U.S. Department of Labor.
7. The contractor shall take specific affirmative actions to ensure equal
employment opportunity. The evaluation of the contractors compliance with these
specifications shall be based upon its effort to achieve maximum results from
its actions. The contractor shall document these efforts fully and shall
implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment,
intimidation, and coercion at all sites, and in all facilities at which the contractors
employees are assigned to work. The contractor, where possible, will assign two
or more women to each construction project. The contractor shall specifically
Page 28
ensure that all foremen, superintendents, and other onsite supervisory personnel
are aware of and carry out the contractor's obligation to maintain such a
working environment, with specific attention to minority or female individuals
working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment
sources, provide written notification to minority and female recruitment sources
and to community organizations when the contractor or its unions have
employment opportunities available, and maintain a record of the organizations'
responses.
C. Maintain a current file of the names, addresses, and telephone numbers of
each minority and female off-the-street applicant and minority or female referral
from a union, a recruitment source, or community organization and of what action
was taken with respect to each such individual. If such individual was sent to the
union hiring hall for referral and was not referred back to the contractor by the
union or, if referred, not employed by the contractor, this shall be documented in
the file with the reason therefore along with whatever additional actions the
contractor may have taken.
d. Provide immediate written notification to the Director when the union or
unions with which the contractor has a collective bargaining agreement has not
referred to the contractor a minority person or female sent by the contractor, or
when the contractor has other information that the union referral process has
impeded the contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training
programs for the area which expressly include minorities and women, including
upgrading programs and apprenticeship and trainee programs relevant to the
contractor's employment needs, especially those programs funded or approved
by the Department of Labor. The contractor shall provide notice of these programs
to the sources compiled under 7b above.
f. Disseminate the contractor's EEO policy by providing notice of the policy
to unions and training programs and requesting their cooperation in assisting the
contractor in meeting its EEO obligations; by including it in any policy manual and
collective bargaining agreement; by publicizing it in the company newspaper,
annual report, etc.; by specific review of the policy with all management
personnel and with all minority and female employees at least once a year; and
by posting the company EEO policy on bulletin boards accessible to all
employees at each location where construction work is performed.
g. Review, at least annually, the company's EEO policy and affirmative
action obligations under these specifications with all employees having any
responsibility for hiring, assignment, layoff, termination, or other employment
decisions including specific review of these items with onsite supervisory
personnel such a superintendents, general foremen, etc., prior to the initiation of
construction work at any job site. A written record shall be made and maintained
identifying the time and place of these meetings, persons attending, subject matter
discussed, and disposition of the subject matter.
Page 29
h. Disseminate the contractor's EEO policy externally by including it in any
advertising in the news media, specifically including minority and female news
media, and providing written notification to and discussing the contractor's EEO
policy with other contractors and subcontractors with whom the contractor does or
anticipates doing business.
L Direct its recruitment efforts, both oral and written, to minority, female,
and community organizations, to schools with minority and female students;
and to minority and female recruitment and training organizations serving the
contractor's recruitment area and employment needs. Not later than one
month prior to the date for the acceptance of applications for apprenticeship
or other training by any recruitment source, the contractor shall send written
notification to organizations, such as the above, describing the openings,
screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other
minority persons and women and, where reasonable provide after school,
summer, and vacation employment to minority and female youth both on the site
and in other areas of a contractor's workforce.
k. Validate all tests and other selection requirements where there is an
obligation to do so under 41 CFR Part 60-3.
I. Conduct, at least annually, an inventory and evaluation at least of all
minority and female personnel, for promotional opportunities and encourage
these employees to seek or to prepare for, through appropriate training, etc.,
such opportunities.
M. Ensure that seniority practices, job classifications, work assignments,
and other personnel practices do not have a discriminatory effect by continually
monitoring all personnel and employment related activities to ensure that the
EEO policy and the contractor's obligations under these specifications are being
carried out.
n. Ensure that all facilities and company activities are non-segregated except
that separate or single user toilet and necessary changing facilities shall be
provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts
from minority and female construction contractors and suppliers, including
circulation of solicitations to minority and female contractor associations and
other business associations.
P. Conduct a review, at least annually, of all supervisor's adherence to and
performance under the contractor's EEO policies and affirmative action
obligations.
8. Contractors are encouraged to participate in voluntary associations,
which assist in fulfilling one or more of their affirmative action obligations (18.7a
through 18.7p). The efforts of a contractor association, joint contractor union,
contractor community, or other similar groups of which the contractor is a member
Page 30
and participant, may be asserted as fulfilling any one or more of its obligations
under 18.7a through 18.7p of these specifications provided that the contractor
actively participates in the group, makes every effort to assure that the group has
a positive impact on the employment of minorities and women in the industry,
ensures that the concrete benefits of the program are reflected in the contractor's
minority and female workforce participation, makes a good faith effort to meet its
individual goals and timetables, and can provide access to documentation which
demonstrates the effectiveness of actions taken on behalf of the contractor.
The obligation to comply, however, is the contractor's and failure of such a
group to fulfill an obligation shall not be a defense for the contractor's
noncompliance.
9. A single goal for minorities and a separate single goal for women have
been established. The contractor, however, is required to provide equal
employment opportunity and to take affirmative action for all minority groups, both
male and female, and all women, both minority and non-minority. Consequently,
if the particular group is employed in a substantially disparate manner (for
example, even though the contractor has achieved its goals for women
generally,) the contractor may be in violation of the Executive Order if a
specific minority group of women is underutilized.
10. The contractor shall not use the goals and timetables or affirmative action
standards to discriminate against any person because of race, color, religion, sex,
or national origin.
11. The contractor shall not enter into any subcontract with any person or firm
debarred from Government contracts pursuant to Executive Order 11246.
12. The contractor shall carry out such sanctions and penalties for
violation of these specifications and of the Equal Opportunity Clause, including
suspension, termination, and cancellation of existing subcontracts as may be
imposed or ordered pursuant to Executive Order 11246, as amended, and its
implementing regulations, by the Office of Federal Contract Compliance
Programs. Any contractor who fails to carry out such sanctions and penalties
shall be in violation of these specifications and Executive Order 11246, as
amended.
13. The contractor, in fulfilling its obligations under these specifications,
shall implement speck affirmative action steps, at least as extensive as those
standards prescribed in paragraph 18.7 of these specifications, so as to achieve
maximum results from its efforts to ensure equal employment opportunity. If the
contractor fails to comply with the requirements of the Executive Order, the
implementing regulations, or these specifications, the Director shall proceed in
accordance with 41 CFR 60-4.8.
14. The contractor shall designate a responsible official to monitor all
employment related activity to ensure that the company EEO policy is being carried
out, to submit reports relating to the provisions hereof as may be required by
the Government, and to keep records. Records shall at least include for each
employee, the name, address, telephone number, construction trade, union
affiliation if any, employee identification number when assigned, social security
Page 31
number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or
laborer), dates of changes in status, hours worked per week in the indicated
trade, rate of pay, and locations at which the work was performed. Records
shall be maintained in an easily understandable and retrievable form; however,
to the degree that existing records satisfy this requirement, contractors shall not
be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the
application of other laws which establish different standards of compliance or
upon the application of requirements for the hiring of local or other area
residents.
Page 32
FEDERAL REQUIREMENTS: FR-05
COPELAND "ANTI-KICKBACK" ACT—18 U.S.C. 874140 U.S.C. 276c 129
CFR Part 3
Compliance with Copeland Act requirements. The Contractor shall comply
with all the requirements of 29 CFR Part 3 which are incorporated by
reference in this contract.
TITLE 18 USC 874
Sec. 874. Kickbacks from public works employees
"Whoever, by force, intimidation, or threat of procuring dismissal from
employment, or by any other manner whatsoever induces any person
employed in the construction, prosecution, completion or repair of any public
building, public work, or building or work financed in whole or in part by loans or
grants from the United States, to give up any part of the compensation to which
he is entitled under his contract of employment, shall be fined not more than
$5,000 or imprisoned not more than five years, or both."
TITLE 40, U.S.C. (as amended)
Sec. 276c, Regulations governing contractors and subcontractors
"The Secretary of Labor shall make reasonable regulations for contractors and
subcontractors engaged in the construction, prosecution, completion or repair
of public buildings, public works or buildings or works financed in whole or in part
by loans or grants from the United States, including a provision that each
contractor and subcontractor shall fumish weekly a statement with respect to
the wages paid each employee during the preceding week. Section 1001 of
Title 18 of the United States Code (Criminal Code and Criminal Procedure) shall
apply to such statements."
Reorganization Plan No. 14 of 1950 (15 F.R. 3176, 64 Stat. 1267, 5 U.S.C. 133z
note):
"In order to assure coordination of administration and consistency of
enforcement of the labor standards provision of each of the [foregoing and
other enumerated] Acts by the Federal agencies responsible for the
administration thereof, the Secretary of Labor shall prescribe appropriate
standards, regulations, and procedures, which shall be observed by these
agencies, and cause to be made by the Department of Labor such investigations,
with respect to compliance with and enforcement of such labor standards, as he
deems desirable, ..."
Page 33
FEDERAL REQUIREMENTS: FR-06
FEDERAL LABOR STANDARDS PROVISIONS (HUD,4010
DAVIS - BACON REQUIREMENTS
Compliance with Davis-Bacon and Related Act Requirements: All rulings,
and interpretations of the D�avis-Bacon and Related Acts Contained in 29
CFR Parts 1, 3 and 5 are herein incorporated by reference.
For additional information regarding Labor Rates, please go to the following,
official website of the United States government:
wWvy,SAM..gpy
Applicability
The Project or Program to which the construction work covered by this contract
pertains is being assisted by the United States of America and the following
Federal Labor Standards Provisions are included in this Contract pursuant to the
provisions applicable to such Federal assistance.
1. (i) Minimum Wages All laborers and mechanics employed or working upon
the site of the work will be paid unconditionally and not less often than once
a week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by the Secretary of Labor under the
Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe
benefits (or cash equivalent thereof) due at time of payment computed at rates
not less than those contained in the wage determination of the Secretary of Labor
which is attached hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the contractor and such
laborers and mechanics. Contributions made, or costs reasonably anticipated for
bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on
behalf of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of 29, CFR 5,5(a.)(1)(iv); also, regular
contributions made or costs iincurred for more than a weekly period (but not
less often than quarterly), under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred
during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification of work actually
performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4),
Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually
worked therein: Provided, that the employer's payroll records accurately set
forth the time spent in each classification in which, work is, performed. The wage
determination, (including any additional classification and wage rates conformed
under 29, CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be
posted at all times by the contractor and its subcontractors at the site of the
Page 34
work in a prominent and accessible place where it can easily be seen by the
workers.
(ii) (a) Any class of laborers or mechanics, which is not listed in the wage
determination and which is to be employed under the contract shall be classified
in conformance with the wagedetermination. HUD shall approve an additional
classification and wage rate and fringe benefits therefore only when the
following criteria have been met:
(1) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and HUD or its designee agree
on the classification and wage rate (including the amount designated for fringe
benefits where appropriate), a report of the action taken shall be sent by HUD or
its designee to the Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor, Washington, D.C. 20210.
The Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so
advise HUD or its designee or will notify HUD or its designee within the 30-day
period that additional time is necessary. (Approved by the Office of Management
and Budged under OMB control number 12150140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and HUD or its designee do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits where appropriate), HUD or its designee shall refer the questions,
including the views of all interested parties and the recommendation of HUD or its
designee, to the Administrator for determination. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt and
so advise HUD or its designee or will notify HUD or its designee within the 30-
day period that additional time is necessary. (Approved by the Office of
Management and Budged under OMB control number 12150140.)
(d) The wage rate (including fringe benefits where appropriate) determined
pursuant to subparagraphs (1)(ii) (b) or (c) of this paragraph, shall be paid to all
workers performing work in the classification under this contract from the first day
on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an
hourly rate, the contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
Page 35
(iv) If the contractor does not make payments to a trustee or other third
person, the contractor may consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program, Provided, That the Secretary of Labor has
found, upon the written request of the contractor, that the applicable standards of
the Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program. (Approved by the Office of Management
and Budged under OMB control number 12150140.)
2. Withholding. HUD or its designee shall upon its own action or upon
written request of an authorized representative of the Department of Labor
withhold or cause to be withheld from the contractor under this contract or any
other Federal contract with the same prime contractor, or any other Federally-
assisted contract subject to David-Bacon prevailing wage requirements, which
is held by the same prime contractor, so much of the accrued payments or
advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the contractor or any
subcontractor the full amount of wages required by the contract. In the event of
failure to pay any laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of work, all or part of the wages required
by the contract, the HUD or its designee may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee
of funds until such violations have ceased. HUD or its designee may, after
written notice to the contractor, disburse such amounts withheld for and on
account of the contractor or subcontractor to the respective employees to whom
they are due. The Comptroller General shall make such disbursements in the
case of direct Davis-Bacon Act contracts.
3. (1) Payrolls and basic records. Payrolls and basic records relating thereto
shall be maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers and mechanics
working at the site of the work. Such records shall contain the name, address,
and social security number of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of contributions or costs anticipated
for bona fide fringe benefits or cash equivalents thereof of the types described
in Section 1(b) (2) (B) of the Davis-Bacon Act), daily and weekly number of hours
worked, deductions made and actual wages paid. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-
Bacon Act, the contractor shall maintain records which show that the commitment
to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the costs anticipated or
the actual costs incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence
of the registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and the ratios and
Page 36
wage rates prescribed in the applicable programs. (Approved by the Office of
Management and Budget under OMB Control Numbers 1215-0140 and 1215-
0017.)
(ii) (a) The contractor shall submit weekly, for each week in which any contract
work is performed, a copy of all payrolls to HUD or its designee if the agency
is a party to the contract, but if the agency is not such a party, the contractor will
submit the payrolls to the applicant sponsor or owner, as the case may be, for
transmission to HUD or its designee. The payrolls submitted shall set out
accurately and completely all of the information required to be maintained under 29
CFR 5.5(a) (3) (i).This information may be submitted in any form desired. Optional
Form WH-347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S.
Government Printing Office, Washington, D.C. 20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors.
(Approved by the Office of Management and Budget under OMB Control
Numbers 1215-0149.)
(b) Each payroll submitted shall be accompanied by a "Statement of
Compliance, "signed by the contractor or subcontractor or his or her agent who
pays or supervises the payment of the persons employed under the contract and
shall certify the following:
(1) That the payroll for the payroll period contains the information required to be
maintained under CFR 5.5(a) (3) (i) above and that such information is correct and
complete;
(2) That each laborer and mechanic (including each helper, apprentice and
trainee) employed on the contract during the payroll period has been paid the
full weekly wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages earned,
other than permissible deductions as set forth in Regulations 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicable wage determination incorporated into the
contract.
(c) The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfy the requirement for
submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b).
(d) The falsification of any of the above certifications may subject the contractor
or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and
Section 231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under
paragraph A.3.(i) available for inspection, copying or transcription by authorized
representatives of HUD or its designee, or the Department of Labor, and shall
permit such representatives to interview employees during working hours on the
job. If the contractor or subcontractor fails to submit the required records or to make
Page 37
them available, HUD or its designee may, after written notice to the contractor,
sponsor, applicant or owner, take such action as may be necessary to cause
the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant
to and individually registered in a bona fide apprenticeship program registered
with the U.S. Department of Labor, Employment and Training Administration,
Office of Apprenticeship Training, Employer and Labor Services or with a State
Apprenticeship Agency recognized by the Office, or if a person is employed in
his or her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship Training, Employer
and Labor Services or a State Apprenticeship Agency (where appropriate) to
be eligible for probationary employment as an apprentice. The allowable ratio
of apprentices to joumeymen on the job site in any craft classification shall not
be greater than the ratio permitted to the contractor as to the entire work force
under the registered program. Any worker listed on a payroll at an apprentice
wage rate, who is not registered or otherwise employed as stated above,shall be
paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing
work on the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determination for
the work actually performed. Where a contractor is performing construction on a
project in a locality other than that in which its program is registered, the ratios
and wage rates (expressed in percentages of the journeyman's hourly rate)
specified in the contractor's or subcontractor's registered program shall be
observed. Every apprentice must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress, expressed as a
percentage of the journeymen hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship program does
not specify fringe benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable classification. If the
Administrator determines that a different practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship Training, Employer and
Labor Services, or a State Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted
to work at less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has received
prior approval, evidenced by
Page 38
formal certification by the U.S. Department of Labor, Employment and
Training Administration. The ratio of trainees to journeymen on the job site shall
not be greater than permitted under the plan approved by the Employment and
Training Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee program
does not mention fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program associated
with the corresponding journeyman wage rate on the wage determination which
provides for less than full fringe benefits for apprentices. Any employee listed on
the payroll at a trainee rate who is not registered and participating in a training
plan approved by the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any trainee performing work
on the job site in excess of the ratio permitted under the registered program shall
be paid not less than the applicable wage rate on the wage determination for the
work actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is
approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees
and journeymen under 29 CFR Part 5 shall be in conformity with the equal
employment opportunity requirements of Executive Order 11246, as amended,
and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The contractor shall comply with the requirements of 29 CFR Part 3, which are
incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses contained in subparagraphs 1 through 11 of this
paragraph A and such other clauses as HUD or its designee may by
appropriate instructions require, and a copy of the applicable prevailing wage
decision, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier subcontractor with all the
contract clauses in this paragraph.
7. Contract termination: debarment.A breach of the contract clauses in 29 CFR
5.5 may be grounds for termination of the contract, and for debarment as a
contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements. All rulings
and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR
Parts 1, 3, and 5 are herein incorporated by reference in this contract.
Page 39
9. Disputes Concerning Labor Standards. Disputes arising out of the labor
standards provisions of this contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7.
Disputes within the meaning of this clause include disputes between the contractor
(or any of its subcontractors) and HUD, the U.S. Department of Labor, or the
employees or their representatives.
10. (1) Certification of Eligibility. By entering into this contract, the contractor
certifies that neither it (nor he or she) nor any person or firm who has an interest
in the contractor's firm is a person or firm ineligible to be awarded. Government
contracts by virtue of section 3(a)
of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or
participate in HUD programs pursuant to 24 CF Part 24.
(ii) No part of this contract shall be subcontracted to any person or firm
ineligible for award of a Government contract by virtue of section 3(a) of the
Davis-Bacon Act or 29 CFR 5.12 (a)(1) or to be awarded HUD contracts or
participate in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed in the U.S. Criminal
Code, 18 U.S. Criminal 1001. Additionally, U.S. Criminal Code Section 1 01 0,
Title 18, U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18,
U.S.C, "Federal Housing Administration transactions", provides in part: "Whoever,
for the purpose of influencing in any way the action of such
Administration....makes, utters or publishes any statement knowing the same to
be false.....shall be fined not more than $5,000 or imprisoned not more than two
years, or both."
11. Complaints, Proceedings, or Testimony by Employees. No laborer or
mechanic to whom the wage, salary, or other labor standards provision of this
Contract are applicable shall be discharged or in any other manner discrimination
against by the Contractor or any subcontractor because such employee has filed
any complaint or instituted or caused to be instituted any proceeding or has
testified or is about to testify in any proceeding under or relating to the labor
standards applicable under this Contract to his employer.
Page 40
WAGE RATES
"General Decision Number: TX20210007 01/01/2021
Superseded General Decision Number: TX20200007
State: Texas
Construction Types: Heavy and Highway
Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos,
Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays,
Kendall, Lampasas, McLennan, Medina, Robertson, Travis,
Williamson and Wilson Counties in Texas.
HEAVY (excluding tunnels and dams, not to be used for work
on Sewage or Water Treatment Plants or Lift / Pump Stations
in Bell, Coryell, McClennon and Williamson Counties) and
HIGHWAY Construction Projects
Note: Under Executive Order (EO) 13658, an hourly minimum
wage of $10.95 for calendar year 2021 applies to all
contracts subject to the Davis-Bacon Act for which the
contract is awarded (and any solicitation was issued) on or
after January 1, 2015.
If this contract is covered by the EO, the contractor must
pay all workers in any classification listed on this wage
determination at least $10. 95 per hour (or the applicable
wage rate listed on this wage determination, if it is
higher) for all hours spent performing on the contract in
calendar year 2021. If this contract is covered by the EO
and a classification considered necessary for performance of
work on the contract does not appear on this wage
determination, the contractor must pay workers in that
classification at least the wage rate determined through the
conformance process set forth in 29 CFR 5.5 (a) (1) (ii) (or
the EO minimum wage rate, if it is higher than the conformed
wage rate) . The EO minimum wage rate will be adjusted
annually. Please note that this EO applies to the above-
mentioned types of contracts entered into by the federal
government that are subject to the Davis-Bacon Act itself,
but it does not apply to contracts subject only to the
Davis-Bacon Related Acts, including those set forth at 29
CFR 5. 1 (a) (2) - (60) . Additional information on contractor
requirements and worker protections under the EO is
available at www.dol.gov/whd/govcontracts.
Page 41
Modification Number Publication Date
0 01/01/2021
* SUTX2011-006 08/03/2011
Rates Fringes
CEMENT MASON/CONCRETE
FINISHER (Paving and
Structures) . . . . . . . . . . . . . . . . . . . . . .$ 12.56
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 26.35
FORM BUILDER/FORM SETTER
Paving & Curb. . . . . . . . . . . . . . .$ 12 .94
Structures. . . . . . . . . . . . . . . . . .$ 12.87
LABORER
Asphalt Raker. . . . . . . . . . . . . . .$ 12 .12
Flagger. . . . . . . . . . . . . . . . . . . . .$ 9.45
Laborer, Common. . . . . . . . . . . . .$ 10.50
Laborer, Utility. . . . . . . . . . . .$ 12.27
Pipelayer. . . . . . . . . . . . . . . . . . .$ 12.79
Work Zone Barricade
Servicer. . . . . . . . . . . . . . . . . . . .$ 11 .85
PAINTER (Structures) . . . . . . . . . . . . .$ 18.34
POWER EQUIPMENT OPERATOR;
Agricultural Tractor. . . . . . . .$ 12.69
Asphalt Distributor. . . . . . . . .$ 15.55
Asphalt Paving Machine. . . . . .$ 14.36
Boom Truck. . . . . . . . . . . . . . . . . .$ 18.36
Broom or Sweeper. . . . . . . . . . . .$ 11.04
Concrete Pavement
Finishing Machine. . . . . . . . . . .$ 15.48
Crane, Hydraulic 80 tions
or less. . . . . . . . . . . . . . . . . . . . .$ 18 .36
Crane, Lattice Boom 80
tons or less. . . . . . . . . . . . . . . .$ 15.87
Crane, Lattice Boom over
80 tons. . . . . . . . . . . . . . . . . . . . .$ 19.38
Crawler Tractor. . . . . . . . . . . . .$ 15.67
Directional Drilling
Locator. . . . . . . . . . . . . . . . . . . . .$ 11 .67
Directional Drilling
Operator. . . . . . . . . . . . . . . . . . . .$ 17.24
Excavator 50, 000 lbs or
Less. . . . . . . . . . . . . . . . . . . . . . . .$ 12.88
Excavator over 50, 000 lbs. . .$ 17.71
Foundation Drill, Truck
Mounted. . . . . . . . . . . . . . . . . . . . .$ 16.93
Page 42
Front End Loader, 3 CY or
Less. . . . . . . . . . . . . . . . . . . . . . . .$ 13.04
Front End Loader, Over 3 CY.$ 13.21
Loader/Backhoe. . . . . . . . . . . . . .$ 14 .12
Mechanic. . . . . . . . . . . . . . . . . . . .$ 17.10
Milling Machine. . . . . . . . . . . . .$ 14 .18
Motor Grader, Fine Grade. . . .$ 18.51
Motor Grader, Rough. . . . . . . . .$ 14. 63
Pavement Marking Machine. . . .$ 19.17
Reclaimer/Pulverizer. . . . . . . .$ 12 .88
Roller, Asphalt. . . . . . . . . . . . .$ 12.78
Roller, Other. . . . . . . . . . . . . . .$ 10.50
Scraper. . . . . . . . . . . . . . . . . . . . .$ 12.27
Spreader Box. . . . . . . . . . . . . . . .$ 14 .04
Trenching Machine, Heavy. . . .$ 18.48
Servicer. . . . . . . . . . . . . . . . . . . . . . . . .$ 14 .51
Steel Worker
Reinforcing. . . . . . . . . . . . . . . . .$ 14 .00
Structural. . . . . . . . . . . . . . . . . .$ 19.29
TRAFFIC SIGNAL INSTALLER
Traffic Signal/Light Pole
Worker. . . . . . . . . . . . . . . . . . . . . .$ 16.00
TRUCK DRIVER
Lowboy-Float. . . . . . . . . . . . . . . .$ 15.66
Off Road Hauler. . . . . . . . . . . . .$ 11.88
Single Axle. . . . . . . . . . . . . . . . .$ 11 .79
Single or Tandem Axle Dump
Truck. . . . . . . . . . . . . . . . . . . . . . .$ 11.68
Tandem Axle Tractor w/Semi
Trailer. . . . . . . . . . . . . . . . . . . . .$ 12 .81
WELDER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15.97
------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental..
------------------------------------------------------------
------------------------------------------------------------
Note: Executive Order (EO) 13706, Establishing Paid Sick
Leave
for Federal Contractors applies to all contracts subject to
the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017 .
Page 43
If this contract is covered by the EO, the contractor must
provide employees with 1 hour of paid sick leave for every
30 hours they work, up to 56 hours of paid sick leave each
year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has
other health-related needs, including preventive care; or
for reasons resulting from, or to assist a family member (or
person who is like family to the employee) who is a victim
of, domestic violence, sexual assault, or stalking.
Additional information on contractor requirements and worker
protections under the EO is available at
www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract
clauses
(29CFR 5.5 (a) (1) (ii) ) .
------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type (s) of construction in the area covered by the
wage determination. The classifications are listed in
alphabetical order of ""identifiers"" that indicate whether
the particular rate is a union rate (current union
negotiated rate for local) , a survey rate (weighted average
rate) or a union average rate(weighted union average rate) .
Union Rate Identifiers
A four letter classification abbreviation identifier
enclosed in dotted lines beginning with characters other
than ""SU"" or ""UAVG"" denotes that the union
classification and rate were prevailing for that
classification in the survey.
Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier
of the union which prevailed in the survey for this
classification, which in this example would be Plumbers.
0198 indicates the local union number or district council
number where applicable, i.e. , Plumbers Local 0198. The next
number, 005 in the example, is an internal number used in
processing the wage determination. 07/01/2014 is the
effective date of the most current negotiated rate, which in
this example is July 1, 2014 .
Page 44
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA)
governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate
that no one rate prevailed for this classification in the
survey and the published rate is derived by computing a
weighted average rate based on all the rates reported in the
survey for that classification. As this weighted average
rate includes all rates reported in the survey, it may
include both union and non-union rates. Example: SULA2012-
007 5/13/2014 . SU indicates the rates are survey rates based
on a weighted average calculation of rates and are not
majority rates. LA indicates the State of Louisiana. 2012 is
the year of survey on which these classifications and rates
are based. The next number, 007 in the example, is an
internal number used in producing the wage determination.
5/13/2014 indicates the survey completion date for the
classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until
a new survey is conducted.
Union Average Rate Identifiers
Classification (s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 1005 of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014 . UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010
in the example, is an internal number used in producing the
wage determination. 08/29/2014 indicates the survey
completion date for the classifications and rates under that
identifier.
A UAVG rate will be updated once a year, usually in January
of each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate
is based.
------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1 . ) Has there been an initial decision in the matter? This
can
be:
Page 45
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position
on
a wage determination matter
* a conformance (additional classification. and rate) ruling
On survey related matters, initial contact, including
requests for summaries of surveys, should be with the Wage
and Hour Regional Office for the area in which the survey
was conducted because those Regional Offices have
responsibility for the Davis-Bacon survey program. If the
response from this initial contact is not satisfactory, then
the process described in 2. )
and 3. ) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2. ) If the answer to the question in 1 . ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour
Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc. ) that the requestor considers relevant to the issue.
3. ) If the decision of the Administrator is not favorable,
an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Write to:
Page 46
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4. ) All decisions by the Administrative Review Board are
final.
END OF GENERAL DECISION
�r
0
Page 47
FEDERAL REQUIREMENTS: FR-07
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS
(1) Overtime requirements. No contractor or subcontractor contracting for any part
of the contract work which may require or involve the employment of laborers
or mechanics shall require or permit any such laborer or mechanic, in any
workweek in which he or she is employed on such work to work in excess of 40
hours in such workweek unless such laborer or mechanic receives compensation
at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
(2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any
violation of the clause set forth in subparagraph (1) of this paragraph, the
contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor shall be liable to
the United States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in
violation of the clause set forth in subparagraph (1)of this paragraph above, in the
sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of 40 hours without payment
of the overtime wages required by the clause set forth in subparagraph (1) of this
paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee
shall upon its own action or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,from any monies payable
on account of work performed by the contractor or subcontractor under any such
contract or any other Federal contract with the same prime contractor, or any
other Federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor, such
sums as may be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2) of this paragraph.
(4) Subcontractors. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraphs (1) through (4) of this
paragraph and also a clause requiring the
subcontractor to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in subparagraphs (1) through (4) of this
paragraph.
(5) Health and Safety. No laborer or mechanic shall be required to work in
surroundings or under working conditions which are unsanitary, hazardous, or
dangerous to his/her health and safety as determined under construction safety
and health standards promulgated by the Secretary of Labor by regulation.
Page 48
The Contractor shall comply with all regulations issued by the Secretary of Labor
pursuant to Title 29 Part1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC
3701 et seq.
The Contractor shall include the provisions of this paragraph in every subcontract
so that such provisions will be binding on each subcontractor. The Contractor
shall take such action with
respect to any subcontract as the Secretary of Housing and Urban Development or
the Secretary.
Page 49
FEDERAL REQUIREMENTS: FR-08
RIGHTS TO INVENTIONS
All rights to inventions and materials generated under this contract are subject
to regulations issued by the Sponsor of the Federal grant under which this
contract is executed.
Page 50
FEDERAL REQUIREMENTS: FR-9
ACCESS TO RECORDS AND RECORD RETENTION
The Contractor shall maintain an acceptable cost accounting system. The Contractor
agrees to provide the Sponsor and the Comptroller General of the United States or any
of their duly authorized representative's access to any books, documents, papers, and
records of the contractor which are directly pertinent to the specific contract for the
purpose of making audit, examination, excerpts and transcriptions. The Contractor
agrees to maintain all books, records and reports required under this contract for a
period of not less than three years after final payment is made and all pending matters
are closed.
Page 51
FEDERAL REQUIREMENTS: FR-10
CLEAN AIR AND WATER POLLUTION CONTROL
Contractors and subcontractors agree:
a. That any facility to be used in the performance of the contract or subcontract or
to benefit from the contract is not listed on the Environmental Protection Agency
(EPA) List of Violating Facilities;
b. To comply with all the requirements of Section 114 of the Clean Air Act, as
amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution
Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring,
entry, reports, and information, as well as all other requirements specified in
Section 114 and Section 308 of the Acts, respectively, and all other regulations
and guidelines issued thereunder;
c. That, as a condition for the award of this contract, the contractor or
subcontractor will notify the awarding official of the receipt of any communication
from the EPA indicating that a facility to be used for the performance of or benefit
from the contract is under consideration to be listed on the EPA List of Violating
Facilities;
d. To include or cause to be included in any construction contract or subcontract
which exceeds $ 100,000 the aforementioned criteria and requirements.
Page 52
FEDERAL REQUIREMENTS: FR-11
ENERGY CONSERVATION REQUIREMENTS
The contractor agrees to comply with mandatory standards and policies
relating to energy efficiency that are contained in the state energy conservation
plan issued in compliance with the Energy Policy and Conservation Act (Public
Law 94-163).
Page 53
FEDERAL REQUIREMENTS: FR-92
CERTIFICATION REGARDING DEBARMENT SUSPENSION INELIGIBILITY
AND VOLUNTARY EXCLUSION
The Contractor certifies, by acceptance of this contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency. It further agrees that it will include this clause
without modification in all lower tier transactions, solicitations, proposals,
contracts, and subcontracts.
Page 54
FEDERAL REQUIREMENTS: FR-13
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
(1) No Federal appropriated funds shall be paid, by or on behalf of the contractor,
to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the making of any
Federal grant and the amendment or modification of any Federal grant.
(2) If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with any Federal grant, the
contractor shall complete and submit Standard Farm-LLL, "Disclosure of Lobby
Activities," in accordance with its instructions.
Page 55
FEDERAL REQUIREMENTS: FR-14
DOMESTIC PREFERENCE FOR PROCUREMENTS
As appropriate and to the extent consistent with law, the non-Federal entity should, to the
greatest extent practicable under the award, provide a preference for the purchase, acquisition,
or use of goods, products, or materials produced in the United States) including but not limited
to iron, aluminum, steel, cement, and other manufactured products). The requirements of this
section must be included in all subawards including all contracts and purchase order or products
under this award.
FEDERAL REQUIREMENTS: FR-15
PROCUREMENT OF RECOVERED MATERIALS
A non-Federal entity that is a state agency or agency of a political subdivision of the state and
its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act. The requirements of 6002 include procuring
only items designed in guidelines of the EPA at 40 CFR 247 that contain the highest percentage
of recovered materials practicable consistent with maintaining a satisfactory level of competition,
where the purchase price of the item exceeds $10,000 or the value of the quantity acquired
during the preceding fiscal year exceeded $10,000; procuring solid waste management services
in a manner that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA guidelines.
EXHIBIT F
Certificates of Insurance
Attached Behind This Page
ACERTIFICATE OF LIABILITY INSURANCE DA MDON Y� ,(
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(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terns 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 CONTA
NAME; Jaye Reinertsen/Michelle Weweh
USI Southwest PHONE FAX
9811 Katy Freeway,Suite 500 713 490-4600 A/C No):
Houston TX 77024 EL : Ja e.Reinertsen usi.com
INSURER AFFORDING COVERAGE NAIC 0
INSURER A:Hartford Casualty Insurance Company 29424
INSURED LJAENGIN INSURER B:Hartford Fire Insurance Company 19682
LJA Engineering,Inc. ** imuRERc:Texas Mutual Insurance Company 22945
Additional Named Insureds Below
3600 W Sam Houston Parkway S,Suite 600 MURER D:Lexington Insurance Company 19437
Houston TX 77042 INSURER E:Argonaut Insurance Company 19601
INSURER F:
COVERAGES CERTIFICATE NUMBER:2137495040 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.
LTR TYPE OF INSURANCE ADDL POLICY NUMBER l POLICY EFF POLICY EXP LIMA
A X COMMERCIAL GENERAL LIABILITY 61UUNOL5145 911/2021 9/1/2022 EACH OCCURRENCE $1,000,000
CLAIMS-MADE a OCCUR PREMISES(Ea�occuTunence $300,000
X 10.000 MED EXP(Any oneperson) $10,000
PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
]POLICY EK jECT [XI LOC PRODUCTS-COMPIOP AGO $2,000,000
OTHER: $
S AUTOMOBILE LIABILITY 61UENOL5146 9/1/2021 9/1/2022 COMBINED SINGLE LIMIT $1,000,000
E aocddam
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per awident) $
AUTOS ONLY AUTOS
HIREDX NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per:.Ident
X 8I/PD Ded: $10.000 $
A X UMBRELLA LIAB X OCCUR 61XHUOL5147 911/2021 9/1/2022 EACH OCCURRENCE $10,000,000
EXCESS UAB CLAIMS-MADE AGGREGATE $10,000,006
DED I X I RETENTION $
C WORKERS COMPENSATION 0002002511 9/1/2021 9/1/2022 X PER OTH-
E AND EMPLOYERS'LIABILITY Y/N 928788620044 9/1/2021 9/112022 STATUTE E
ANYPROPRIETOR/PARTNERIEXECUTIVE Q N f A E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED?
(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 9/1/2021 9/1/2022 $5,000,000 Per Claim
Liability 7 $5,000,000 Ann[Aggr.
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required)
"Additional Named lnsurede*:
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.;3600 W Sam Houston Pkwy S,Suite 150;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
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Round Rock
221 East Main Street RUTH RED 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 ff:
A�a 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 MAIC 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;3600 W Sam Houston Pkwy S,Suite 150;Houston,TX 77042
LJA Surveying,Inc.;3600 W Sam Houston Pkwy S,Suite 175;Houston,TX 77042
LJA Builds,Inc.;3600 W Sam Houston Pkwy S,Suite 150;Houston,TX 77042
LJA Environmental Services,LLC;14701 St.Mary's Lane,Suite 400;Houston,TX 77042
Ramos Consulting,LLC;6720 Vaught Ranch Road,Suite 140,Austin,TX 78730
KDM Acquisition Services,Inc.3600 W Sam Houston Pkwy S,Suite 600;Houston,TX 77042
LJA Energy,Inc 3600 W Sam Houston Pkwy S,Suite 600;Houston,TX 77042
LJA Telecom,Inc. (fka GXT,Inc.or GXT,Ltd.)1130 E.Arapaho Road,Suite 625,Richardson,TX 75081
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 09116(includes ongoing operations)&CG2038 04/13(GL);HA9916 03112(AL);XL0003
09116(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 reulred byy written contract executed
prior to a loss per policy forms HG0001 09/16(GL);HA9916 03/121Auto);XL0003 09116(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.
Project: RRW Area 5
ACORD 101 (2008101) 0 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
CERTIFICATE OF INTERESTED PARTIES FORM 1295
10fl
Complete Nos.I-4 and 6 it there are interested parties. OFFICE USE ONLY
Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2022-844894
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 01/28/2022
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.
RRW Area 5
Professional engineering services for the RRW Area 5 project.
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling intermediary
McKee,Alan B. Houston , TX United States X
Alford, Susan D. Houston,TX United States X
Collins,Jeff P. Houston,TX United States X
Ross,Jarnes D. Houston,TX United States X
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
My name is Kenneth G. S�chrock and my date of birth is.-.— ..............
Myaddress is 7500 Rialto BIvd, Suite 100 Austi.n. - TX 78735 USA
(street) (city) (state) (zip code) (country)
I declare tinder penafty of perjury that the foregoing is true and correct.
Executed in Travis County, State of Texas —on the 28 day of January 20 22
(month) (year)
Signature of authorised agent of contracting business entity
Forms provided by Texas Ethics Commission www.ethics,state.tx.us Version V1.1.191b5cdc
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
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. 2022-844894
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 is01(2812022
being filed.
City of Round Rock Date Acknowledged:
0211812022
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.
RRW Area 5
Professional engineering services for the RRW Area 5 project.
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
McKee,Alan B. Houston ,TX United States X
Alford,Susan 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)
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
(Dedarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc