R-2022-067 - 2/24/2022 RESOLUTION NO. R-2022-067
WHEREAS, the City of Round Rock desires to retain engineering services for the 2013 JI &
J2 South Creek—Channel Improvements Project,and
WHEREAS, Kasberg, Patrick & Associates has submitted a Contract for Engineering Services to
provide said services, and
WHEREAS, the City Council desires to enter into said contract with Kasberg, Patrick &
Associates, Now Therefore
13E IT RESOLVED 13y 'rl-IE COUNCIL OF THE CITY OF ROUND ROCK I'EXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract
for Engineering Services with Kasberg, Patrick & Associates for the 2013 J1 & J2 South Creek —
Channel Improvements Project, a copy of said contract being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 24th day of February, 2022.
CRAIG e6kGAJ,Mayor
City of UndR k, Texas
ATI I`EST:
(1,UJAI� OW 'T,
MEAGAN SNKS, C4' Clerk
0112 20222,4S85-9406-8750
EXHIBIT
"All
RIOUNDROC KIMAS
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: KASBERG', PATRICK& ASSOCIATES ("Eligincel")
ADDRESS: 800 South Atistin Avenue, Geon getown, TX 78626
PROJECT: 2013 JI & ,12 South Creeli—Channel Improvements
THE' STA'11"E, OFTEXAS §
COUNTYOF WILLIAMSON §
. ,
Contr ct
T1 I IS C0NTRA(."H`0R, 1'."N(JINEER RING Sl: RVICES ( ' a ") is made rand entered into on
this the—day of 2022 by and between the CJT'Y 0ROUND
1,' ROCK, a I exas horne-
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 CoritrICL is I"Or tile purpose Of
contracting for professional engiricering set-vices,
RECITALS:
WHEREAS, V.T.C.A.. Government Code §2254.002(2)(A)(vil) Under SUI)CIMIXer A entitled
"Professional Services PrOCUrernent Act" provides for the procurement by niunicipalities ofservices of
professional engineers; and
WHEREAS, City and I."Jigineer desire it) contract 1'01-Such profiessional engineering set-vices; and
WI IEREAS, City desires tri Use American ReSCLIC Plan funds fees and costs associated Nvith the
Prq
jcct.,
WHEREAS, City shall cornifly with the requirements of 2 C1,R Part 200 and any other
applicable federal requirements related to the procurement and expenditure rat' fees and costs related to
the Pro jest;
WHE'REAS, City and Engineer wish to dOCLI111CIlt their agreement concerning the requirements
and respective obligations of the parties;
Engineering Services Contract
0199.2022 5;4864-7159-9885
NOW, EREFORE,WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable coni Jerations, and the covenants and agreements hereinafter contained to be kept and
performed by fl ie respective parties hereto,it is agreed as follows:
CONTRACT DOCUMENTS
The C ntract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are he eby incorporated into and made a part of this Contract)and all Supplemental Contracts
(as defined he in in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a p Lit of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City sh ll 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 I xhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so thg t the Engineering Services under this Contract may be accomplished within the specified
time and at th4 specified cost. The Work Schedule shall provide specific work sequences and definite
review times b 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 wi 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 bel w in Article 20.So long as the City elects not to terminate this Contract,it shall continue
from day to d y 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 Two Hundred Seventy-Six Thousand Six Hundred Seventy-Eight and 501100
Dollars{$276.678.50)as shown in Exhibit D. The lump sum amount payable shall be revised equitably
only by written Supplemental Contract in the event of a change in Engineering Services as authorized by
City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days.City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
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performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination,i hat tasks were completed.
The ce ified statements shall show the total amount earned to the date of submission and shall
show the amou it due and payable as of the date of the current statement. Final payment does not relieve
Engineer of 0.e responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
ARTICLE b
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 ( 0) 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 t made in accordance with this prompt payment policy; however, this policy does not
apply in the ev nt:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
aterials,or equipment delivered or the services performed that causes the payment to be
ate;or
B. rhe terms of a federal contract, grant, regulation, or statute prevent City from making a
imely payment with federal funds;or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
ubcontractor and its supplier concerning supplies, materials, or equipment delivered or
e Engineering Services performed which causes the payment to be late;or
D. he invoice is not mailed to City in strict accordance with instructions, if any, on the
urchase order,or this Contract or other such contractual agreement.
City shi 11 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 t y Engineer related to any task for which a Notice to Proceed has not been issued.
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ARTICLE 8
PROJECTTEAM
City's Designated Representative for purposes of this Contract is as follows:
Federico Sanchez
ProJect Manager
5400 Sunrise Road
Round Rock, Texas 78665,
Tetephone Number(5 12) 218-6609
Fax Number('512) 255-6911
Email Address: fsmchez et
City's Designated Representative shall be authorized to act on City's behalfwith respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
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to documents submitted by Engineer in order to avoid, Unreasonable delay in the orderly and sequential
progress of Engineering Services.
E`ngineer's Designated Representative For Purposes OfthiS Contract is as follows;
Michael C. Newman, CFM
Project Engineer
800 South AUStin AvellUC
Georgetown, TX 78626
Telephone Number(51.2) 8l9-9478
Fax Number(254) 773-6667
Email Address]'Suaowi, 11,
ARTICLE 9
PROGRESS EVALUATION
f,',ngi neer shall, from time to time dUri1lg the progress, of' the [",`ng i neeri ng Services, confer with
City at city's election, F"Ilg0irleer shall prepare and present SLIC11 information as may be pertinent and
necessary, or as n1a), 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 FAigineer'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 ["ngi necri ng 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,
f7tigineer shall promptly advise City in writing of events which have or may have a significantt,
impact Up011 the progress of the [-)wineering Services, including but not limited to the following:
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(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
uni s by established time periods; and such disclosure shall be accompanied by statement of
act.ons taken or contemplated, and City assistance needed to resolve the situation, if any;
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(2) Fa orable developments or events which enable meeting the Work Schedule goals sooner
thiu i anticipated.
ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract,then
such suspensiori 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 rvices. 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 1 his Contract.
If City uspends the Engineering Services, the contract period as determined in Article 3, and
the Work ScheJule,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 Engi ieer 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 am unt payable, City shall so advise Engineer and a written Supplemental Contract will be
executed betty n the parties as provided in Article 13. Engineer shall not perform any proposed
additional wor c nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental ontract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer re ating to additional work not directly associated with the performance of the Engineering
Services authoi'zed in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City Jeems 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
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Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
due for such Engineering Services.
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 reuse 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.
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Upon a ecution 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 m-ith its obligations, including prompt payment of all sums when due, under this Contract.
Engineer shall btain similar permission from Engineer's subcontractors consistent with this Contract.If
and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other
similarly credentialed design professionals to reproduce and, where permitted by law,to make changes,
corrections or additions to the work and documents for the purposes of completing, using and
maintaining the Project.
City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to ano Dr 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 gineer any electronic data for incorporation into the Instruments of Service, City and
Engineer shall y separate written contract set forth the specific conditions governing the format of such
Instruments of 3ervice 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 r sk. In the case of any defects in electronic files or any discrepancies between them and
any hardcopy f the same documents prepared by Engineer, the hardcopy shall prevail. Only printed
copies of docut aents conveyed by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers subsequent
to the completion of the Project. Any such change shall be sealed by the engineer making that change
and shall be appropriately marked to reflect what was changed or modified.
ARTICLE 15
PERSONNEL,EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services,and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is inco etent or whose conduct becomes detrimental to the Engineering Services shall
immediately b 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 St rvices required under this Contract, or will obtain such personnel from sources other
than City.Eng'ieer may not change the Project Manager without prior written consent of City.
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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.
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 TERMSMREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent,in writing,of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
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(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 S rvices performed by Engineer prior to termination, City shall be the sole judge.
Compensation or Engineering Services at termination will be based on a percentage of the Engineering
Services comp eted at that time. Should City terminate this Contract under Subsection(4) immediately
above,then thc amount charged during the thirty-day notice period shall not exceed the amount charged
during the prec Ming thirty(30)days.
If Engi eer defaults in the performance of this Contract or if City terminates this Contract for
fault on the ps t 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 whict was satisfactorily completed to date of default, the value of the Engineering Services
which are usa le 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 to ination of this Contract and payment of an amount in settlement as prescribed above
shall extinguis i 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 dut 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 f r any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of my procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) C mpliance. Engineer shall comply with all applicable state, federal and local laws,
statutes, code,i, 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 licnita ion, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulation . Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engine-.r 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
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verification, "boycott Israel" means refusing to deal with, terminating business activities with, or
otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial
relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-
controlled territory,but does not include an action made for ordinary business purposes.
(3) In accordance with 2274, Texas Government Code, a governmental entity may not enter
into a contract with a company with at least ten (10) full-time employees for value of at least One
Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision in the
contract verifying that it: (1) does not have a practice, policy, guidance,or directive that discriminates
against a firearm entity or firearm trade association;and(2)will not discriminate during the term of the
contract against a 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
INDEMWICATION
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.
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ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engin4r shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly mak necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent a ts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The reiponsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accorc ance with the Texas Engineering Practice Act and the rules of the State Board of
Registration fo r Professional Engineers.
ARTICLE 25
NON-COLLUSION,FINANCIAL INTEREST PROHIBITED
(1) No -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 aw or making of this Contract. For breach or violation of this warranty,City reserves and
shall have the fight 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,p rcentage,brokerage fee,gift or contingent fee.
(2) financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/herrts 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) In urance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while thi Contract is in effect professional liability insurance coverage in the minimum amount of
One Million liars per claim from a company authorized to do insurance business in Texas and
otherwise ac table 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.
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(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 subconsuitants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Engineer shall notify City thirty (34) 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.
13
ARTICLE 29
SEVERABILITY
In the a vent any one or more of the provisions contained in this Contract shall for any reason be
held to be ir valid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceabilit y shall not affect any other provision thereof and this Contract shall be construed as if
such invalid,it egal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein.This Cc intract 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 ound Rack
Attenti n:City Manager
221E t Main Street
Round ock,TX 78664
and to:
Stephat L.Sheets
City A orney
309E t Main Street
Round kock,TX 78664
14
Engineer:
Michael C.Newman,P.E.,CFM
Project Engineer
800 South Austin Avenue
Georgetown,TX 78626
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,
15
eqUlf)[Ilent or services Furnished by (�)thers. car over (lie contractor(s') methods ot'determinin
g plues, 01'
over competitive bidding or market conditions. F.'riginecr docs not guarantee that proposals, bids or
actual proJect or constrUdiOn COSt Will not vary frorn opinions ol'probable cost Eriginecr prepares.
(6) Opinions and Deter-minations. Where the terins of this Contract provide f(.)r action to be
based upon Opihi0n, jUd,onicrit, approval. review, or determination of either party hereto, SUCh M-111S W-C
[lot intended to"be and shall never be constrUed as permitting such opinion.jnl
udoent. approval, review,
or detcrmination to be arbitrary, capricious, oi-unreasollablc7
ARTICLE 34
SIGNATORV NVAIMANTY
The Undersigned signatory for I"Aigineer hereby represents and warrants that the sig,,natory is an
officer of the organization f6r which he/she has executed this Contract and that he/she has full and
cc`rnpletc authority to entre into this Contract oil bchalf of the firm. The abovc-statcd representations
alld warranties are made flor the purpose of indLlCillg City to enter into this Contract.
IN WITNESS WH.E11U,'10F, the City of'found Rock Inas CaLISCd this Contract to be signal in its
corporate name by its duly aUth(�)rizcd City I'vianager or Mayor, as has Encrincer. sigmno by and (111-01.1gh
its dirfly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives,fior the Faithful and full perf'ormance of tine ternis and provisions hereof.
CITY 0F' ROUND ROCK, TFXAS APPROVED AS TO F(*M�
13y:
Craig Morgan, Mayor Stephan L. Sheets, (.1ty Attorney
ATTE'ST:
By° ............. ------
Meagan Spinks, City Clerk
KASMIRG, PATRICK & ASSOC WIT"Is
By:
Signature(�f Principal
Printed Name: rr� '.�iP .. .....
LIST OF EXW-1TAACHED
(1)Exhibit City Services
(2)Exhibit B Engineering Services
(3)Exhibit C Work Schedule
(4)Exhibit D Fee Schedule
(S)Exhibit E Federal Requirements
(6)Exhibit F Certificates of Insurance
17
City ofRound Rock (201 3 L I & J.2 South Creek Channet Inifnoverimits)
ontract for Engiucring, Services
Exhibit A
Services to be Provided by the City
The City will provide the Following itilbrination anti other assistance to the Engineer (Kasberg,
Patrick& A,ssociates. 1,11)that the City deerns,appropriate and necessary-;.
I. Anyreadily available pertinent existing intbi-ination relating to the services to be performed
by t 1 fie Fl`ngineer; the City will provide one copy of such information in as format chosen by
the City.
2. Clear direction and/or response to cluestIons or requests made by the F'rigincer in (lie course
of the I r
-`ngineer's performance of'sevices.
I Timely review of* deliverables that have been properly completed and submitted by the
Engineer-, and timely provisions of cominents, if'any. to the Engineer resulting From said
IVVWWS,
4. Assist the Enoineer and their Sub-Consultants it) access public anti private property as
required to perl:'orin sery ICeS Under this contract.
5. Securc easenicnts as required for design and construction ofthe project.
6. provide Word or PDF' riles containing C111-1-CrIt City ()f ROLInd Rock Front end and
specilication d0CLIIIIeIItS (Ior incorporation into Contract Documents.
T Meet on art as needed basis to,answer questions, provide guidance,and offer Comments,
8.
th Crook Channei I
Mt
N.T.S.
Legend
PROJECT 59TE
Page A-I of A-I
City of Round Rock
Contract for Engineering Services
EXHIBIT B
Services to be Provided by the Engineer
1. PROJECT DESCRIPTION
This proposal includes Professional Services for the development of plans and specifications for the
South Creek Bank Stabilization Improvements in Round Rock, Texas. There are two target areas
located adjacent to existing residential properties. The two target areas are closest to Tenaza
Cove/Sycamore Cove and Sweetgum Lane/Fort Thomas Place.The project consists of restoring creek
thalweg, placing rock riprap to stabilize and protect creek bank from stream erosion and possibly
lowering a 24-inch diameter waterline.
2. SCOPE OF WORK
The Engineer shall provide the necessary engineering and technical services for the completion of
Environmental Services, Surveying & Mapping, Schematic Layout Development, Identification of
Utility Conflicts, Coordination with Utility Companies, Preparation of PS&E, Bid Phase Services,
and Construction Phase Services. The development of the project will be consistent with applicable
City of Round Rock and TxD0T Specifications and Design Procedures and Guidelines.
The scope of Work for this project has been divided into the following tasks:
Professional Engineering Services
• Task 1:Project Management
• Task 2:Preliminary Design 30%Plans
• Task 3:Final Design 60%,90%,100016 Plans
• Task 4:Professional Engineering Services for LOMR
• Task S:Bid Phase Services
• Task 6:Construction Phase Services
• Task 7: Field Surveying
Special Services
• Task 8: Cultural Resources Report(Archeological)
• Task 9:USACOE Nationwide Permit
• Task 10:USACOE Waters of the US Report
• Task 11:Texas Parks and Wildlife Relocation
• Task 12:Phase I Environmental Site Assessment
• Task 13:Subsurface Utility Engineering Services
• Task 14:Information for Planning and Consultation(IPAC)Report
• Task IS: Endangered Species Report
• Task 16:Soil Investigation
• Task 17:Required Regulatory Fees
• Task 18: 15%Unexpected Professional&Special Services Contingency
2.1 Work Breakdown Structure Tasks and Description
2.1.1 Task 1: Project Management
Task Description:
A. The ENGINEER shall be responsible for directing and coordinating all activities
associated with the project.The Engineer will QA/QC work products.
Page B-1 of B-6
City of Round Rock
Contract for gineering Services
B. The ENGINEER shall coordinate all sub-consultant's activity to include quality of and
consistency or work.
C. The ENGINEER shall:
i. Monitor project progress monthly.
ii. Develop and maintain a project schedule to track project progress. The schedule
submittal format and frequency shall be per City Staff direction.
iii. Meet on a scheduled basis with the City Staff(30%,60%,90%,&Bid Submittal)
to review project progress.
iv. Prepare and distribute project meeting minutes.
v. Provide monthly invoices and break down the costs per City fund sources as
directed by City Staff.
2.1.2 Task : Preliminary Desi 30% Plans
Task Desc ption:
A. The ENGINEER will incorporate all design surveys into computer aided drafting
AutoCAD (dwg) Format and develop topographies and surfaces. This data will be
utilized to develop final creek hydraulics using HEC-RAS using NFIP flood plain
electronic files dated 12/20/2019 as provided by the City of Round Rock. The
ENGINEER'S CAD files will include 30%topographic working drawings to prepare the
final drainage design.
B. The ENGINEER will use existing storm water hydrology provided by the City of Round
Rock from existing NFIP effective flood plain electronic files dated 12/20/2019.
C. The ENGINEER will develop 30% preliminary design plans and profiles for the
proposed storm creek bank stabilization and thalweg modification for the project area.
The ENGINEER will determine potential utility conflicts based on coordination with
subsurface utility engineering findings performed by T2, U.E.S., Inc. of Round Rock,
Texas.
E. The ENGINEER will meet with Staff to review the 30% preliminary drainage design,
phasing for the project, utility conflicts and relocations, proposed construction, etc. All
comments and direction from the meeting will be incorporated into the project.
2.1.3 Task : Final Desi 60% 90% 100%Plans
Task Desc ption:
F. The ENGINEER will incorporate all design surveys into computer aided drafting(CAD)
and develop topographies and surfaces. This data will be utilized to develop final creek
hydraulics using HEC-RAS using NFIP flood plain electronic files dated 12/20/2019.The
ENGINEER'S CAD files will include 60%, 90% and 100% topographic working
drawings to prepare the final drainage design.
. The ENGINEER will use existing storm water hydrology provided by the City of Round
Rock from existing NFIP effective flood plain electronic files dated 12/20/2019.
. The ENGINEER will develop 60%, 90%,and 100%plans and profiles for the proposed
storm creek bank stabilization and thalweg modification for the project area.
The ENGINEER will finalize the requirements for Water Pollution Abatement Plan
(WPAP) approved by TCEQ and incorporate into fatal construction plans and
specifications.
1. The ENGINEER will provide final design of creek bank stabilization and shall include
final design for the thalweg restoration with overall grading plan and typical cross
sections.
Page B-2 of B-6
City of Round Rock
Contract for Engineering Services
K. The ENGINEER will determine potential utility conflicts based on final design for the
project area and coordination with subsurface utility engineering findings performed by
T2,U.E.S.,Inc.of Round Rock,Texas.
L. The ENGINEER will meet with Staff to review the final drainage design,phasing for the
project, utility conflicts and relocations, proposed construction, etc. All comments and
direction from the meeting will be incorporated into the project.
M. The ENGINEER shall identify necessary standard specifications, special specifications,
special provisions, and the appropriate reference items. The ENGINEER shall prepare
General Notes from the City's Master List of General Notes, Special Specifications and
Special Provisions for inclusion in the plans and bidding documents. The ENGINEER
shall provide General Notes,Special Specifications and Special Provisions in the required
format.
N. The ENGINEER shall perform constructability reviews at major project design
milestones (e.g., 30%, 60%, 906!0, and final plan) to identify potential constructability
issues and options that would provide substantial time savings during construction. The
constructability review must be performed for all Drainage(Temporary and Permanent),
Storm Water Pollution Prevention Plan (SW3P), identify Utility conflicts, ensuring
accuracy and appropriate use of Items, Quantities, General Notes, Standard and Special
Specifications,Special Provisions,Contract Time/Schedule,and Standards.
O. The ENGINEER will prepare a project bid schedule. The ENGINEER will perform a
quantity take off for the project and will prepare an opinion of probable construction cost
(OPC)based off the 60%,906/%,and 100%plan sets(bidding sets).
P. The ENGINEER will prepare Contract Documents and Technical Specification books
and 100016 Plan Sets and deliver to the City
Q. lowering existing 24"Waterline,if necessary to avoid exposure due to erosion.
2.1.4 Task 4: Professional Ensineerins Services for LOMB
Task Description:
A. City of Round Rock will provide hydrologic (HEC-HMS) and hydraulic (HEC-RAS)
electronic files for current effective NFIP maps in the area of study.
B. ENGINEER will modify electronic hydraulic files and submit to FEMA for Letter of
Map Revision(LOMR).
C. ENGINEER will pay fee for FEMA review as budgeted in this proposal.
D. ENGINEER will provide timely review and responses to FEMA LOMR review
comments and questions until new FIRM maps become adopted and effective for
enforcement.
2.1.5 Task 5: Bid Phase Services
Task Description:
A. The ENGINEER will prepare bid form, develop the invitation to bid and deliver to City
Staff for advertising the project for public bidding.The ENGINEER will also solicit bids
from past contractors to acquire as competitive a bidding process as possible.
B. The ENGINEER will prepare for the Pre-Bid Conference,develop an agenda and sign in
sheet,conduct the Pre-Bid Conference,take notes at the conference,prepare minutes,and
incorporate into the addenda.
C. The ENGINEER will receive all questions from bidders,log the questions and answer in
the form of an addenda.
D. The ENGINEER will conduct the bid letting, receive all bids, tabulate the bids, and
certify them.
E. The ENGINEER will research the low bidder(s)qualifications and recommend award to
the City of Round Rock.
Page B-3 of B-6
City of Roun Rock
Contract for gineering Services
2.1.6 Task 6:Construction Phase Services
Task Deser iption:
A. The ENGINEER will prepare contract documents; forward those to the contractor
awarded the project by the Round Rock City Council.Once the contractor has executed
the contract documents,they will be checked for proper documentation and forwarded to
the City of Round Rock for execution.
B. The ENGINEER will schedule and conduct the Pre-Construction Conference. Minutes
from the conference will be taken and distributed.
C. The ENGINEER will receive and review all submittals, prepare and provide submittals
log, and material samples for the project. Documentation for the submittals will be
generated and distributed to the City of Round Rock and the contractor.
D. The ENGINEER will review and respond to Requests for Information (RFI) from
Contractor and provide revisions/change orders to construction plans,where necessary.
E. The ENGINEER will hold regularly scheduled construction progress meetings. These
meetings will include meeting agendas covering project specifics and schedules. Notes
will be taken by the ENGINEER at the meetings. Minutes will then be developed and
distributed to the City of Round Rock Staff and the contractor.
F. The ENGINEER will make periodic visits to the project site. These site visits are
utilized to perform a general overview of the project and answer any questions the
contractor may have. The City of Round Rock will provide daily on-site representation
for the project.
G. The ENGINEER will develop pay estimate forms for the project. These will be
distributed to City Staff and the contractor. The ENGINEER will review the pay
requests with City Staff.
H. The ENGINEER will conduct a substantial completion walk through,final walk through
of the project and Engineer's Concurrence Letter. Punch list items will be generated
during this review. A letter addressed to City Staff will be generated discussing the
findings of the walk through.The contractor will be copied on this letter as well.
I. The ENGINEER will develop final record drawings for the City of Round Rock Staff.
The record drawings will be presented in electronic form with pdf of each plan sheet and
be provided via thumb drive or DVD. A full I1"x1T' hard copy can also be made
available upon request.
2.1.7 Task • Field&rveving
Task Description:
A. Topographic Surveys shall be performed by Inland Geodetics, LLC of Round Rock,
Texas.The topographic surveys will be within the project limits and City owned land or
public easements. Project control points will be tied to existing residential property lines
in vicinity of project construction work.Includes 8-inch diameter or greater tree survey.
2.1.9 Task Cultural Resources Report Archeol ical
Task Description:
A. The ENGINEER will contract with Benchmark Ecological Services, Inc to conduct
background,fieldwork and provide a report regarding any previously recorded historical
sites or surveys within or near the proposed project area
B. The ENGINEER will approve a draft report to be sent to Texas Historical Commission
(THC) for approval and concurrence of findings to be used for the Nationwide Permit
submitted to the US Corps of Engineers.
Page B-4 of B-6
City of Round Rock
Contract for Engineering Services
2.1.10 Task 9:USACOE Nationwide Permit
Task Description:
A. The ENGINEER will contract with Benchmark Ecological Services, Inc to provide
Wetland Delineation services to determine the extent of jurisdictional wetland within the
project areas.
B. Benchmark Ecological Services will provide a draft report to the ENGINEER for
approval to be used for the Nationwide Permit package that will be submitted to the US
Corps of Engineers.
2.1.11 Task 10:USAME Waters of the US Report
Task Description:
A. The ENGINEER will coordinate with US Corps of Engineers to perform pre-
construction notification meeting, determine any limits or restrictions on approved
methods and materials to perform the project work.
B. The ENGINEER will create and provide a Nationwide Permit 13 package to the US
Corps of Engineers that contain TCEQ section 404 of the Clean Water Act, preliminary
background data obtained, proposed project exhibits, impacted wetland exhibits, and
NWP application.
C. The ENGINEER will maintain status updates on applications, meet with the Corps of
Engineers regarding any questions, and provide revised methods and exhibits if
required.
Z 1.12 Task 11:Texas Parks and Wildlife Relocation Plan
Task Description:
A. If dewatering work is required for the project the ENGINEER will contract with
Arrowhead Ecological Group to create a fish relocation plan and coordinate to perform
fish relocation work.
B. The ENGINEER will submit the relocation plan to TPWD for approval and pay all
associated fees for the submission for the fish relocation plan.
2113 Task 12:PHASE I Environmental Site Assessment
Task Description:
A. The ENGINEER will obtain all background data,perform a desktop analysis,fieldwork,
and provide a report to the client to determine any Recognized or Historical
Environmental Conditions that have negatively impacted the project site.
2.1.14 Task 13: Subsurfa a Utility Engineering Services
Task Description:
A. Subsurface utility engineering services will be performed by T2 U.E.S., Inc. of Round
Rock,Texas.
B. Subsurface investigations will include sweeps of designated project site, up to four(4)
Quality Level A test holes(two locations at depth of 5.00 feet and one location at depth
of 10.00 feet).
C. Develop plan sheets identifying existing utility locations and test hole locations to
support utility findings.
2.1.15 Task 14:Information for Planning and Consultation(IPAC)Report
Task Description:
A. The ENGINEER will coordinate with United States Fish and Wildlife Services to obtain
preliminary information regarding any critical habitats that could contain any
Page B-5 of B-6
City of Roun Rock
Contract for gineering Services
Threatened and Endangered Species,and any occurrence of Threatened and Endangered
species within or near the project area.
B. The ENGINEER will perform a Section 7 Consultation with the US Fish and Wildlife
Services to get concurrence for any impacts that the project may pose to any identified
species,or gain concurrence for no impacts.
2.1.16 Task IS:Endanared Species Re ort
Task Deser ption:
A. The ENGINEER will contract with Benchmark Ecological Services, Inc to conduct
desktop analysis, query resource agencies, and perform fieldwork to determine if there
are any known Threatened and Endangered Species(TES)occurrences or other sensitive
site for the proposed project or surrounding area.
B. A draft report will be provided to the ENGINEER for approval. The approved report
will be used as part of the preliminary data for the USACE Nationwide Permit 13 and
the USFWS Section 7 Consultation.
2.1.17 Task6:SoilInvestigation
Task Desee ption:
A. The ENGINEER will contract with Ten-aeon to obtain soil profile.One boring.
2.1.17 Task 17:Required Regulatory Fees
Task Desc ption:
B. The ENGINEER will pay required regulatory fees.
2. .8 ask 8: S%Unextiected Professional Services Contingency
Task Deser iption:
A. The ENGINEER shall coordinate and obtain the professional services of unexpected
needs of the project;as necessary and approved by City Staff.This shall not exceed 15%
of the subtotal of professional and special services combined.
3. KEY P RSONNEL
A summary of the proposed engineering team including names and titres are presented in table B-1.
TABLE B-1
SUMMARY OF PROPOSED ENGINEERING TEAM PERSONNEL
NAME TITLE
Trae utton,P.E.,CFM Partner,Project Manager
Mic el Newman,P.E.,CFM Design Engineer
Sam Olumenthal,EIT Graduate Engineer
:�Ce
Chapman Environmental Specialist
BRichardson Senior CADD Technician
Deliverables
1. 100%Plan Set,Engineer's Estimate,Specifications.
2. Copy of all Reports and permit letters.
3. HMS and HECRAS revised models.
4. AutoCAD(dwg)—Formatted plan and profile sheets.
5. As-Built(record)Drawings.
Page B-6 of B-6
City of Round Rock (2013 J.l &J.2 South Creek Channel Improvements)
Contract for Engineering Services
EXFBBPf C
Work Schedule
The schedule below provides approximate durations associated with the anticipated milestones(based on a Notice to
Proceed on or before March 1,2022):
South Creek Bank Stabilization
2022 2023
MarlAprIMN Jun JullAuglSeplOct Nov Dec Jan Feb Mar A r M Jun Jul Au
L Project Management i
2.PrelladrutiV.Design 30%Plans i
3 Final Desi $0%W6 100%Plans _
4.ProfeufwWEngfneeiingforFEMAWMR
S.Bid Phase Services
6.Construction Phase Services
7.Field SuFy n
a.1596 Unexpected professional Services Continillency
9,Cultural Resources Re Ardteolo ca
10.USACOE Nationwide Permit
11.USACOE Waters of the US Report
12.Texas Parks and Wildlife Department Relocation
13.Phase 1 Envionmental Site Assessment !-
14.Subsurface Uffiltir EngineftServices
15.tPAC Report
16.Endangered Spades Report
17.Re red Fees-FEMA WMR
Notes:
1.Assumes Notice to Proceed by March 1,2022
2.Assumes City reviews for 3094,8096,90%and 100%are not more than 10 working days each set of plans.
3.Above tasks assumes that endagered species are not present In project area.Relocation will be performed if dewatering the project completely in lieu of
coferdam and bypass pipe.
4.Above tasks assumes that all scopeof work can be performed under NWP 13 Bank Stabilization.
S.Above tasks assumes that construction cost estimate does riot exceed$1,249,400(includes 30%contingency)
b.Project is located in Edwards Acqulfer Transition Zone
Page C-1 of I
EXHIBIT D
Fee Schedule
Project Name: 2013 J.1&J.2 South Creek Channel Improvements
Total Total Other TOTALS
TASK os _ubconsultants
Task 1: Project Management(e.g.meetings,accounting,eta) 75 $9,285.00 $0.00 $0.00 $9,235.00
Task 2: Preliminary Design 30%Plans 344 $40,000.00 $0.00 $0.00 $39,000.00
Task 3: Final Design 60%,90%,100%Plans 674 $80,175.00 $0.00 $0.00 $80,175.00
Task 4: Professional Engineering for FEMA LOMR 88 $10,930.00 $Q00 $0.00 $10,930.00
Task 5: Bid Phase Services 40 $S10S0.00 $0.00 $0.00 $5,050.00
Task 6: Construction Phase Services(2.5%of Est.Construction Cost) 250 $31,225.00 $0.00 $0.00 $31,225.00
Task 7: Field Surveying n/a $0.00 $0.00 $11,500.00 $111500.00
Subtotal of Prof.Eng.Services(15%of Construction Cost Est.) Subtotal $187,115.00
kg: Cultural Resources Report(Archeological) n/a $0.00 $0.00 $51000.00 $5,000.00
Task 9: USACOE NWP 40 $4,800.00 $01100 $0.00 $4,800.00
Task 10: USACOE Waters of the US Report 30 $3,000.00 $0.00 $5,600.00 $8,600.00
Task 11: Taws Parks and Wildlife Relocation n/a $0.00 $0.00 $3,800.00 $3,800.00
Task 12: Phase I En vionmental Site Assessment 35 $4,200.00 $0.00 $0.00 $4,200.00
Task 13. Subsurface Utility Enginering Services n/a $0.00 $0.00 $10,975.00 $10,975.00
Task 14. Information for Planning and Consultation(IPAC)Report S $600.00 $0.00 $0.00 $600.00
Task 15: Endangered Species Report n/a $0.00 $0.00 $2,500.00 $2,500.00
Task 16: Soils Investigation n/a $0.0o $0.00 $S,000.00 $5,000.00
Task 17: FEMA Letter of Map Revision Fee n/a $0.00 $8,000.00 $0.00 $8,000.00
Subtotal of Special Services Subtotal $53,47S.00
Task 18: 15%Unexpected Professional&Special Services Contingency n/a $0.00 $0.00 $36,088.50 $36,088.50
RAND TOTAL: 1581 $189,215.00 $8,000.00 $80,46350 $276,67850
Notes:
1.Assumes Notice to Proceed by March 1,2022
2.Assumes Qty reviews for 30%,60%,90%and 100%are not more than 10 working days for each set of plans.
3.Above tasks assumes that endagered species are not present in project area.Relocation will be performed if dewatering the project completely In lieu of coferdam and bypass
pipe.
4.Above tasks assumes that all scope of work can be performed under NWP 13 Bank Stabilization.
S.Above tasks assumes that construction cost estimate does not exceed$1,249,400(includes 30%contingency)
6.Project is located in Edwards Acquifer Transition Zone
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 GFR 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
FR-13 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 heir subcontractors may result in the suspension or termination of this
con ct or such other action that may be necessary to enforce the rights of the
pa es of this agreement. The duties and obligations imposed by the Contract
Do uments and the rights and remedies available thereunder shall be in
add tion to and not a limitation of any duties, obligations, rights and remedies
oth rwise 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 Cita
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
EQ JAL EMPLOYMENT OPPORTUNITY.ExactrUve Order 11246 as amended
41 CFR PART 60-1.4(b)
Du ng the performance of this contract,the contractor agrees as follows:
a. he contractor will not discriminate against any employee or applicant for
em loyment because of race, color, religion, sex, or national origin. The
con rector will take affirmative action to ensure that applicants are employed,
an that employees are treated during employment without regard to their race,
col r, religion, sex, or national origin. Such action shall include, but not be
lim'ed to the following: Employment, upgrading, demotion, or transfer;
re itment or recruitment advertising; layoff or termination; rates of pay or other
fo s of compensation; and selection for training, including apprenticeship. The
con ractor agrees to post in conspicuous places, available to employees and
ap icants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
b. he contractor will, in all solicitations or advertisements for employees placed
by r on behalf of the contractor, state that all qualified applicants will receive
con Biderations for employment without regard to race, color, religion, sex, or
nati nal origin.
c. he contractor will send to each labor union or representative of workers
wift which he/she has a collective bargaining agreement or other contract or
un '
rstanding, a notice to be provided by the agency contracting officer,
ad sing the labor union or workers' representatives of the contractor's
cc mitments under Section 202 of Executive Order 11246 of September 24,
19 , and shall post copies of the notice in conspicuous places available to
em loyees and applicants for employment.
d.The contractor will comply with all provisions of Executive Order 11246 of
Se tember 24, 1965, as amended, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
e.The contractor will famish all information and reports required by Executive
Ord ar 11246 of September 24, 1965, and by rules, regulations, and orders of the
Se etary 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
purl oses of investigation to ascertain compliance with such rules, regulations,
and orders.
C 1 i the event of the contractor's noncompliance with the nondiscrimination
C18L SSS of this contract or with any of the such rules, regulations, or orders, this
con ract may be cancelled, terminated or suspended in whole or in part and the
con rector may be declared ineligible for further Government contracts or federally
ass sted construction contracts in accordance with procedure authorized in
Exe cutive 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 OctS, 1978,43 FR 46501, 3 CFR, 1978 Comp.,
p. 2301
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
coo)erate in the implementation of the policy and provisions of this Order or that
it consents and agrees that recruitment, employment, and the terms and
con Jitions of employment under the proposed contract shall be in accordance
wit the purposes and provisions of the order. In the event that the union, or the
age icy shall refuse to execute such a statement, the Compliance Report shall
so evdify 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);
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
su contractor participating in an approved plan is individually required to
con iply with its obligations under the EEO clause and to make a good faith effort to
ac !eve each goal under the Plan In each trade in which it has employees. The
ov rall good faith performance by other contractors or subcontractors toward a
goal in an approved Plan does not excuse any covered contractor's or
sut contractors failure to take good faith efforts to achieve the Plan goals and
t!m tables.
4. The contractor shall implement the specific affirmative action standards
pro Aded in paragraphs 18.7a through 18.7p of these specifications.The goals set
fort i in the solicitation from which this contract resulted are expressed as
pementages of the total hours of employment and training of minority and
feff ale utilization the contractor should reasonably be able to achieve in each
con struction trade in which it has employees in the covered area. Covered
cor struction contractors performing construction work in a geographical area
whi ire they do not have a Federal or federally assisted construction contract shall
apl ly the
mir orfty and female goals established for the geographical area where the work
is Bing performed. Goals are published periodically in the Federal Register in
not form, and such notices may be obtained from any Office of Federal
Co tract Compliance Programs office or from Federal procurement contracting
offi- rs. The contractor is expected to make substantially uniform progress in
m ting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement nor the
failt re by a union with whom the contractor has a collective bargaining agreement
to r fer 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
beunted in meeting the goals,such apprentices and trainees shall be employed
byrhe contractor during the training period and the contractor shall have
ma a commitment to employ the apprentices and trainees at the
co pletlon of their training, subject to the availability of employment
oprtunitles.Trainees shall be trained pursuant to training programs approved by
the .S. Department of Labor.
7. The contractor shall take specific affirmative actions to ensure equal
employment opportunity. The evaluation of the contractor's 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 contractor's
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 cavy 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
ad rtising in the news media, specifically including minority and female news
mei ia, and providing written notification to and discussing the contractor's EEO
poli with other contractors and subcontractors with whom the contractor does or
anti Apates doing business.
1. Direct its recruitment efforts, both oral and written, to minority, female,
an community organizations, to schools with minority and female students;
an to minority and female recruitment and training organizations serving the
contractor's recruitment area and employment needs. Not later than one
mo ith prior to the date for the acceptance of applications for apprenticeship
or )ther training by any recruitment source, the contractor shall send written
no cation to organizations, such as the above, describing the openings,
scn ening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other
min rity persons and women and, where reasonable provide after school,
suff imer, 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
min rity and female personnel, for promotional opportunities and encourage
thee employees to seek or to prepare for, through appropriate training, etc.,
suc i opportunities.
M. Ensure that seniority practices, job classifications, work assignments,
and other personnel practices do not have a discriminatory effect by continually
mor storing all personnel and employment related activities to ensure that the
EEO policy and the contractor's obligations under these specifications are being
ca ed 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
proilded 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
perfDrmance under the contractor's EEO policies and affirmative action
oblij lations.
8. Contractors are encouraged to participate in voluntary associations,
which assist in fulfilling one or more of their affirmative action obligations (18.7a
thro igh 18.7p). The efforts of a contractor association, joint contractor union,
con ractor 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 specific 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 Goverment, 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
sha I be maintained in an easily understandable and retrievable form; however,
tote degree that existing records satisfy this requirement, contractors shall not
be i squired 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 furnish 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 9950(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 401 0)
DAVIS - BACON REQUIREMENTS
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;1, 3 and 6 are herein incorporated by reference.
For
additional information regarding Labor Rates, please go to the following
o cial website of the United States government
ApUlicability
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 COMPL,ited 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 incurred for more than a weekly period (but not
iess 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.
Su�ll laborers and mechanics shall be paid the appropriate wage rate and fringe
behefits 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.
(11) (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.
(ill) 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
m hanic the amount of any costs reasonably anticipated in providing bona fide
fri a benefits under a plan or program, Provided,That the Secretary of Labor has
fou id, 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
cor tractor to set aside in a separate account assets for the meeting of
obi gations under the plan or program. (Approved by the Office of Management
anc Budged under OMB control number 12150140.)
2. Withholding. HUD or its designee shall upon its own action or upon
writ en request of an authorized representative of the Department of Labor
will hold or cause to be withheld from the contractor under this contract or any
oth r Federal contract with the same prime contractor, or any other Federally-
a sted contract subject to David-Bacon prevailing wage requirements,which
is eld by the same prime contractor, so much of the accrued payments or
adances as may be considered necessary to pay laborers and mechanics,
incl ding apprentices, trainees, and helpers, employed by the contractor or any
sut contractor the full amount of wages required by the contract. In the event of
fail ire to pay any laborer or mechanic, including any apprentice, trainee, or
hel r, 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
cot tractor, sponsor, applicant, or owner, take such action as may be
nIrved
ssary to cause the suspension of any further payment, advance, or guarantee
orids until such violations have ceased. HUD or its designee may, after
wn notice to the contractor, disburse such amounts withheld for and on
ant of the contractor or subcontractor to the respective employees to whom
tare due. The Comptroller General shall make such disbursements in the
cof direct Davis-Bacon Act contracts.
3Payrolls and basic records. Payrolls and basic records relating thereto
sbe maintained by the contractor during the course of the work and
pfor a period of three years thereafter for all laborers and mechanics
woi king at the site of the work. Such records shall contain the name, address,
anc social security number of each such worker, his or her correct classification,
hot rly 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
wo ked, deductions made and actual wages paid. Whenever the Secretary of
Lai or has found under 29 CFR 5.5(a)(1)(Iv) that the wages of any laborer or
me Manic include the amount of any costs reasonably anticipated In providing
bet efits under a plan or program described in Section 1(b)(2)(B) of the Davis-
Bai on Act,the contractor shall maintain records which show that the commitment
to rovide such benefits is enforceable, that the plan or program is financially
res onsible, 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
ap rentices or trainees under approved programs shall maintain written evidence
of the registration of apprenticeship programs and certification of trainee
pro rams, 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)(1)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 tabor, 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.
Funhermore, 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.
4.1 ipprentices and Trainees.
(i) pprentices. Apprentices will be permitted to work at less than the
pr etermined rate for the work they performed when they are employed pursuant
to nd individually registered In a bona fide apprenticeship program registered
witt the U.S. Department of Labor, Employment and Training Administration,
Ofte of Apprenticeship Training, Employer and Labor Services or with a State
Apl renticeship 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
apF renticeship program, who is not individually registered in the program, but
wh has been certified by the Office of Apprenticeship Training, Employer
anc Labor Services or a State Apprenticeship Agency (where appropriate) to
be eligible for probationary employment as an apprentice. The allowable ratio
of apprentices to journeymen 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
unc er the registered program. Any worker listed on a payroll at an apprentice
wa a rate, who is not registered or otherwise employed as stated above,shall be
pal not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing
woi k 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
pro ect in a locality other than that in which its program is registered, the ratios
an wage rates (expressed in percentages of the journeyman's hourly rate)
specified in the contractor's or subcontractor's registered program shall be
obc.erved. Every apprentice must be paid at not less than the rate specified in the
reg stered program for the apprentice's level of progress, expressed as a
per mntage of the journeymen hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with the
pro ilsions of the apprenticeship program. If the apprenticeship program does
not specify fringe benefits, apprentices must be paid the full amount of fringe
bar efits listed on the wage determination for the applicable classification. If the
Adi ninistrator determines that a different practice prevails for the applicable
apr rentice classification, fringes shall be paid in accordance with that
det nmination. in the event the Office of Apprenticeship Training, Employer and
Lat or Services, or a State Apprenticeship Agency recognized by the Office,
will draws approval of an apprenticeship program,the contractor will no longer be
per itted to utilize apprentices at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(11) 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.
(Ili) 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.
9. 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. isputes Concerning Labor Standards. Disputes arising out of the labor
Stedards provisions of this contract shall not be subject to the general disputes
da se of this contract. Such disputes shall be resolved in accordance with the
pro dures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7.
Dis utes 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
em Dloyees or their representatives.
10. (i) Certification of Eligibility. By entering into this contract, the contractor
car' es that neither it (nor he or she) nor any person or firm who has an interest
in t he contractor's firm is a person or firm ineligible to be awarded. Government
cor tracts by virtue of section 3(a)
of t ie Davis-Bacon Act or 29 CFR 5.12(a)(1)orto be awarded HUD contracts or
par icipate in HUD programs pursuant to 24 CF Part 24.
(!i) 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
pa icipate 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 1 010, Titre 18,
U.S.C, "Federal Housing Administration transactions", provides in part: Whoever,
for the purpose of ..... Influencing in any way the action of such
Adi iinistration....makes, utters or publishes any statement knowing the same to
be Ise.....shall be fined not more than $5,000 or imprisoned not more than two
yea rs, or both."
11. Complaints, Proceedings, or Testimony by Employees. No laborer or
me hanic to whom the wage, salary, or other labor standards provision of this
Co tract are applicable shall be discharged or in any other manner discrimination
ag mst by the Contractor or any subcontractor because such employee has filed
any complaint or Instituted or caused to be instituted any proceeding or has
test ed or is about to testify in any proceeding under or relating to the labor
stat dards 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 J 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 $10.95 per hour (or the applicable
wage rate listed on this wage determination, if it is
higher)for all hours spent performing on the contract in
calendar year 2021. If this contract is covered by the EO
and a classification considered necessary for performance of
work on the contract does not appear on this wage
determination, the contractor must pay workers in that
classification at least the wage rate determined through the
conformance process set forth in 29 GFR 5.5(a) (1) (ii) (or
the EO minimum wage rate, if it is higher than the conformed
wage rate) . The EO minimum wage rate will be adjusted
annually. Please note that this EO applies to the above-
mentioned types of contracts entered into by the federal
government that are subject to the Davis-Bacon Act itself,
but it does not apply to contracts subject only to the
Davis-Bacon Related Acts, including those set forth at 29
CFR 5.1(a) (2)-(60) . Additional information on contractor
requirements and worker protections under the EO is
available at www.dol.gov/whd/govcontracts.
Page 41
Modification Number Publication Date
0 01/01/2021
* SUTX2011-006 08/03/2011
Rates Fringes
CEMENT MASON/CONCRETE
FINISHER (Paving and
Structures) . . . . . . . . . . . . . . . . . . . . . .$ 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 80tons
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
yea r.
Em loyees must be permitted to use paid sick leave for their
owr 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
otter health-related needs, including preventive care; or
foi reasons resulting from, or to assist a family member (or
pe son who is like family to the employee) who is a victim
of, domestic violence, sexual assault, or stalking.
Ad itional information on contractor requirements and worker
pr tections under the EO is available at
wwv .dol.gov/whd/govcontracts.
Unisted classifications needed for work not included within
th scope of the classifications listed may be added after
aw rd only as provided in the labor standards contract
cl uses
(2 CFR 5.5 (a) (1) (ii) ) .
------------------------------------------------------------
Tht body of each wage determination lists the classification
anwage rates that have been found to be prevailing for the
cied type(s) of construction in the area covered by the
wa a determination. The classifications are listed in
al habetical order of ""identifiers"" that indicate whether
th 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
Aour le ter classification abbreviation identifier
i
en losed n dotted lanes beginning with characters other
thin ""SU"" or ""UAVG"" denotes that the union
classification and rate were prevailing for that
classification in the survey.
Example:
PL M0198-005 07/01/2014. PLUM is an abbreviation identifier
of the union which prevailed in the survey for this
c1 ssification, which in this example would be Plumbers.
01
Wind the local union number or district council
nut ber 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
th: s 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, 100% 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
re nests for summaries of surveys, should be with the Wage
an( Hour Regional Office for the area in which the survey
wai conducted because those Regional Offices have
responsibility for the Davis-Bacon survey program. If the
re ponse from this initial contact is not satisfactory, then
th process described in 2. )
an 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
re iew and reconsideration from the Wage and Hour
Adninistrator
(Ste 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
palment 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
Re iew 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
if
Page 47
FEDERAL.REQUIREMENTS: FR-07
COP ITRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS
(1) vertime requirements. No contractor or subcontractor contracting for any part
of t ie contract work which may require or involve the employment of laborers
or nechanics, shall require or permit any such laborer or mechanic, in any
wot cweek in which he or she is employed on such work to work in excess of 40
ha rs in such workweek unless such laborer or mechanic receives compensation
at rate not less than one and one-half times the basic rate of pay for all hours
wo ked in excess of forty hours in such workweek.
(2) iolation; Liability for Unpaid Wages; Liquidated Damages. In the event of any
viol ition of the clause set forth in subparagraph (1) of this paragraph, the
cor tractor and any subcontractor responsible therefor shall be liable for the
unr aid wages. In addition, such contractor and subcontractor shall be liable to
the United States (n the case of work done under contract for the District of
Col ambia or a territory, to such District or to such territory), for liquidated
der iages. Such liquidated damages shall be computed with respect to each
indi Vidual laborer or mechanic, including watchmen and guards, employed in
viol 3tion 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
per itted to work in excess of the standard workweek of 40 hours without payment
oft ie overtime wages required by the clause set forth in subparagraph (1) of this
paragraph.
(3) VVIthholding 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
onccount of work performed by the contractor or subcontractor under any such
contact or any other Federal contract with the same prime contractor, or any
othi Federally-assisted contract subject to the Contract Work Hours and
Safsty Standards Act, which is held by the same prime contractor, such
su s as may be determined to be necessary to satisfy any liabilities of such
con ractor or subcontractor for unpaid wages and liquidated damages as
pro ided in the clause set forth in paragraph (2) of this paragraph.
(4) Subcontractors. The contractor or subcontractor shall insert in any
sub ontracts the clauses set forth in paragraphs (1) through (4) of this
par, graph and also a clause requiring the
sub,.ontractor to include these clauses in any lower tier subcontracts. The prime
con ractor shall be responsible for compliance by any subcontractor or lower tier
sub ontractor with the clauses set forth in subparagraphs (1) through (4) of this
par graph.
(5) Health and Safety. No laborer or mechanic shall be required to work In
sur oundings 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
cor tract 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 POLLUT{ON CONTROL
Coritractors and subcontractors agree.
a. That any facility to be used in the performance of the contract or subcontract or
to tenefit 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,
ent y, reports, and information, as well as all other requirements specified in
Sei tion 114 and Section 308 of the Acts, respectively, and all other regulations
anc 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
fror i the EPA indicating that a facility to be used for the performance of or benefit
fror i the contract is under consideration to be listed on the EPA List of Violating
Fac ilities;
d. To include or cause to be included In any construction contract or subcontract
whi h 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 94163).
Page 53
FEDERAL REQUIREMENTS: FR-12
CERTIFICATION REGARDING DEBARMENT SUSPENSION INELIGIBILITY
AND VOLUNTARY EXCLUSION
Th Contractor certifies, by acceptance of this contract, that neither it nor its
pri cipais Is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any
F eral department or agency. It further agrees that it will include this clause
wifliout modification in all lower tier transactions, solicitations, proposals,
cor tracts, 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 Form-LLL, "Disclosure of Lobby
Activities,"in accordance with Its instructions.
Page 55
FEDERAL REQUIREMENTS: FR-14
DOMESTIC PREFERENCE FOR PROCUREMENTS
As approp 'ate 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, alt minum, steel, cement, and other manufactured products). The requirements of this
section mt st 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$10,000; procuring solid waste management services
in a manner that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA guidelines.
EXmrr F
Certificates of Insurance
Attached Behind This Page
„..--001ML � Policy Number. Date Entered: 712612021
CERTIFICATE OF LIABILITY INSURANCECAM(M MUMM
zow2w
THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER
IMPORTANT: frt the cartSFcato holder Is an ADDITIONAL.INSURED,the poticy(les)must have ADDITIONAL INSURED provisions or be endorsed.
N SUBROGATION IS WANED,subject to the terns and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not colder rights to the certificate holder In Rau of such ondomeme s.
PRODUCER ,
10EIVNYPAYSSEINSIfRANCEAGENLY PrroNE (294)778-7136 Fax (294)M7346
7372 Honeysudde Drive qw
Temple,TX 76502
INSUREM AFFORDnKrcovERAea NAK:s
INSURER A.•Mid-CenwV Insurance CarnpW 21687
mum KAA58&w PAT=AND A=aATE5,LP INSURER e:Rru3 IMWWM fiChange 21660
Covey Landscape Architects INSURER C:Truk insurance Exdunrge 21709
19 N MAIN STREET D:
TEMPL&TX M01 INSURERS:
INSURER R
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY HE 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.
INSR1 AM SM POIJOYEFF POLICY Ow
LIR TYPEOFIN UAANCE POLICYMAtaER UARTS
A C0HMERCML OENERAI.L1ABOnY EACH OCCURRENCE S lo000i000
CV 3s4ME ®
L OCCUR 606W3M54 RIV20M 91112022PRFMISES(ENCOMMMMM-- s75,000
WME)w(Amonspeom S 5,000
PFRsaN&&ADV INJURY S 1,000,000
GEN'LAGGREGATEU MITAPPLIESFER: G ERALAQGREGATE $2,000;000
F9POLICY❑ t ❑LOC PRODUCTS-COLT+/OPAGG $1,M000
OTHER: $
AUTOMOBILE LIABEUTY O $1,000,000
8ANYAUTO 606M161 61112021 !1!2022 BODILY INJURY rw pamon) S
OYMED K71 SCHEDULED BODILY INJURY Per-ditt) i
AUTOS CNLY AUTOS
AAUTO$CNLY AAUTO$ONLY _
i
C I UYBRELJALJAB OCCUR FACH OCCtIRRECE $4,0001,000
er o=Up6 HCLAWISMACE 1 IMMI AGGREGATE S 4000,WD
DEC IX
J RETENTION$1 6W $
WORKERS COMPENSATION
MID KPWYERS•LIABLRY
ANY PROPRIETd lPARTNER0 CVnVE YQ NIA 7518638 ] f1/2p2j ELL EACHACCIDENT $1,000;000
8 Cyea�tExCLUDEO? Y E.L DLSEASE-EA E�OYEE $1.000,000
DESCRIPTI��ON OF OPERATIONS belog E.L.Dwm E.POLw umrr s 1,000,000
DESCRIPTION OFOPERATICNB I LOCAITONS/VDQCLEB UtCORD i*I.Add!t”RUMUtO SChW*,mty bo d%clMd a MarsSoM bt requbaQ)
Qty of Round Rack Is named as additional Insured on the general liabli ty and auto liability policies.
The umbrella follows form.
CERTIFICATE HOLDER CANCELLATION
City of Round Rod*
221 E Main Street SHOULD ANY OF THE ABOVE DESCRGED POLICIES BE CANCELLED BEFORE
Round Body TX T8664 THE EXPIRAIRON DATE T MUW, NOTICE VALL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRE80rrATNE
®1988.2015 ACORD CORPORATION. Ail doffs reserved.
ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD
ACQRe CERTIFICATE OF LIABILITY INSURANCE F 1'"'
THIS CERTIFICATE IS 1UED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES N AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFI ATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR P ODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT. N the COE— le
holder Is an ADDITIONAL INSURED,the policy(fes)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS W D.subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
Leis certificate does not nfer rights to the certificate balder to Lieu of such endorsenhen s
PRODUCER Risk Sitrate l Brian R Hadar
12801 North Central EXpy.Suite 1710 PIT 1214)323-4602 (2141503-88991
Dallas,TX 75243
certiftcateda k-strat ies.com
1 AFFORDING COVERAGE ""a
oNsuREtA: Berkshire Hathaway I Ins Co 22276
INSURED INSURER B:
Kasberrgg,Patrick&As sociates,LP
19 North Main Street INsuR�Ec
Temple TX 76501 IKSURERD:
INSURER E•
INSURERF:
COVERAGES CERTIFICATE NUMBER: 0262s= 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. NOTWITHSTA IDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISS JED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITi NS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ptsR TYPE ORINSU CE POLICYNUMBER D VOLICYE>cP Lam
COMMEROIALOENERA IJABILIY EACH OCCURRENCE S
CMMS•MADE OCCUR PREMIN951FAammuM S
MED EXP(My Dna arson) S
PERSONAL d ADV INJURY 3
GENT.AGGREGATEUMTT LIES PER: GENERALAGGREGATE $
POLICY❑dECaT LOC PRODUCTS-COMPIOPAGO S
OTHER: S
AUTOMOBILELUURLITYILEA M%Adentl
S
ANY AUTO BODILY INJURY(Per person) S
A R SED LY UTOSU� BODILY INJURY(Par soddwd) S
HIRED ON4)WNED PROPERTYOAMAtiE S
AUTOS ONLY UTOs ONLY r
S
UMBRELLAL1AS OCCUR EACHOCCURRENCE S
EXCESS LIIABCLAIMS•MADE AGGREGATE S
DED
RETENTIob S S
WORKERSCOMPENSAXION PER TH
AND EMPLOYERS'LIABILITY
ANYPROPRIETORIPAR CUTIVE D NIA E L EACH ACCIDENT $
OFFICERAuUMEREXCLUDE
(Mywdatory Nn NH) E.L.DISEASE-EA EMPLOYEES
unftr
DESCR[PN OFOFERATIO batow E L B DISEASE-POLICY LIMIT s
A Professional Liability147-EPP-311307-02 711/2021 7/1/2022 Per Claim $210001000
Annual Aggregate $4,000,000
DESCRIPTION OF OPERATIONS ICATIONS 1 VEHICLES(ACORD tat.AddWanO Re U&S Sebodrrle.may be atesotwd d arms apace IS regAM0
The claims made professie 1 liability Coverage Is the total aggregate limit bbr all claims presented within the annual policy period and Is
subject to a deductible.Thl (30)day notice of cancellation in favor of the certificate holder on all policies.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City Of Round Rock THE E XINRATtON DATE THEREOF. NOTICE WILL BE DELIVERED IN
Ci Mana er ACCORDANCE WITH THE POLICY PROVISIONS.
221 E.Man Street
Round Rack TX 786 AUTxoRaEORgFRgsENTATNE
Brian Hadar
1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
6262SSOB 1 21/22 PL I Ronna 1 6/29/2021 t0sl*04 PN (8D1) I Page 1 of 1
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