R-2022-072 - 2/24/2022 RESOLUTION NO. R-2022-072
WHEREAS, the City of Round lZock desires to retain engineering services for the Storrnwater
Master Plan 2022 Project,and
WHEREAS, fialfT Associates, Inc. has Submitted a Contract for Engineering Set-vices to provide
said services, and
WHEREAS, the City Council desires to enter into said contract with l,lalff Associates, Inc.,
Now Theref'orc
BE FFRESOLVED BY THE COUNCIL OF'rnE CITY OROUND ROCK11'EXAS,
That the Mayor is hereby authorized and directed to CXeCUtC On behalf of`the City a Contract
for 1--'rigineering Services with Halff Associates, Inc. for the Storinwater Master Plan 2022 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 Connally acted upon, all as required by the Open Meetings Act,
Chapter 55 1, Texas Government Code, as amended.
RESOLVED this 24th day off"ebrUary, 2022.
CRAIGM IZ Mayor-
City
ayor
City Of/Roi)ndroc�' Texas
ATTEST:
MEAGAN SNKS, City Clerk
01 Y 2 207-72I.4854-2 712-7 G G 8
EXHIBIT
ROUND ROCK TEXAS
CITY OFROUND ROCK
CONTRACTFOR ENGINEERING SERVICES
FIRM: HALFF ASSOCIA,rES, INC. ("Engineer")
ADDRESS: 13620 Briarwick Drive, Building C, Suite 100, Austin, Texas 78729
PROJECT: Storinwater Master Plan 2022
THE s,rATE OF'TEXAS §
COUNTY OF WI LL IAMSON §
THIS CON` RACTI'OR f`NG1NEf"1RIN(._j SERVICES ("Contract.") is made arid entered into ()It
this the day of . 2022 by, and between the CITY OF' ROUND ROCK, al"exas horne-
Rile rnunicipal corporation, whose oil-ices are located at 221 I"ast Main Street, ROUnd Rock, Texas
78664-5299, (hereinafter referred to as "City"), and f-Ingineer, and such Contract is for the purpose of
contracting, 1'(.-,)r professional engineering services.
RECITALS:
WHERLAS, V,T.C.A, Cicavernment Code §2254.002(2)(A)(vii) Under Subchapter A entitled
``Professional Services PrOCUrement Act" provides for the procurement by municipalities of services of
prol'essional engineers; and
WI If." IAS, City and Engineer desire to contract for SLICII professional engineering set-vices; and
WI IERF,'AS, City desires to use American ReSCLie Plan funds fees and costs associated with the
Project;
WI,II_'.','REAS, City shall comply with the reqUireflients of 2 Cf`R Part 200 arid any other
applicable federal requirements related to the PrOCUrement arid expenditure of" fees and costs related to
the Project;
WIR'REAS, City and Engineer wish to document their agreement concerning the reqUirernents
and respective obligations of the parties:
L.)ighwering Services Contract
0199.202 7 1 O 4853-7440-9741/ss2
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NOW,T 4EREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consid rations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
CONTRACT DOCUMENTS
The Co tract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hert by incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined here n in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a par t of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shal perform or provide services as identified in Exhibit A entitled"City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take to iger 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) Teri i. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not perform the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
performed or costs incurred after the date of termination shall not be eligible for reimbursement.
Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably
anticipates,that the Engineering Services will not be completed in accordance with the Work Schedule.
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(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Engineering Services
required herein so that construction of the project will be commenced and completed as scheduled. In
this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all Engineering Services required under this Contract in a professional manner.
(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Three Hundred Fifty Thousand Four Hundred Thirty-Four and No/100 Dollars
($350.434.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by
written Supplemental Contract in the event of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination,that tasks were completed.
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The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
ARTICLE b
PROMPT PAYMENT POLICY
In acco dance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made wi hin thirty (30) days of the day on which the performance of services was complete, or
within thirty (3 ) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee(fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. T ere is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late;or
B. T e terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. T ere is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
t e Engineering Services performed which causes the payment to be late; or
D. T e invoice is not mailed to City in strict accordance with instructions, if any, on the
p rchase order,or this Contract or other such contractual agreement.
City shat 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 Cha ter 2251, V.T.C.A.,Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
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Federico Sanchez
Project Manager.
3400 Sunrise Road
ROLInd Rock, Texas 78665
Telephone Number(512) 218-6609
F'ax NUrnber (5 12) 255-6911
Ernail Address-,
City's Designated Representative shall be authorized' to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to (IOCUrnentS submitted by Engineer in order to avoid Unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative f0l' purposes ofthis Contract is as follows:
Paul Morales, PE
Project Manager
13620 Briarwick. Drive, Building C, Suite 100
ALIStin, Texas 78729
"Felephone N1.1111ber(5 12) 777-4547
F`ax NUrnber (512) 252-'8141
["In-tail Address
.................alma....................
ARTICLE 9
PROGRESS EVALUATION,
EIngineer shall, front time to tirne during the progress of the engineering Set-vices, confer with
City at City's election. Engineer shall prepare and present SLICII information as may be pertinent and
necessary, or as may be requested by City, in Order for City to evaluate I'LatUres of the U1,11gineering
Services. At the reqLICS1 Of City Or Y"InoL_ineer, conferences shall be provided at EIngineer's Office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evalLiation ofthe Engineering Services.
S1101.0d City determine that the progress in LAigincering Services does not satisfy the Work
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Schedule, then City ity shall review the Work Schedule with Engineer to determine corrective action
reqUINd.
Engineer shall promptly advise City in writing of events which have or rimy have a significant
impact Upon the progress ofthe Engineering Services, ilICILIClilIg but riot limited to the flollovving:
(I) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the atLainn,icrit of project
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ngineering Services
units by established time periods: and such diSCIOSLII-C shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
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(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
ARTICLE 10
SUSPENSION
Should C ity desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be affected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Se ices. Such sixty-day notice may be waived in writing by agreement and signature of
both parties. Ifthis Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract.
If City slispends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be
executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer relating to additional work not directly associated with the performance of the Engineering
Services authori ed in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Ser ices 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 rticle 11.
Engineer 3hall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
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due for such Engineering Services.
ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or(2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed.Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
USE OF DOCUMENTS
All documents, including but not limited to drawings, specifications and data or programs stored
electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its
subcontractors are related exclusively to the services described in this Contract and are intended to be
used with respect to this Project. However, it is expressly understood and agreed by and between the
parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings,
drawings, estimates, specifications, investigations, studies and other documents, completed or partially
completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any
such subsequent use made of documents by City shall be at City's sole risk and without liability to
Engineer, and, to the extent permitted by law, City shall hold harmless Engineer from all claims,
damages, losses and expenses, resulting therefrom. Any modification of the plans will be evidenced on
the plans and be signed and sealed by a licensed professional prior to re-use of modified plans.
By execution of this Contract and in confirmation of the fee for services to be paid under this
Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright
Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other
intellectual property rights acknowledged by law in the Project designs and work product developed
under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or
damage to any such documents while they are in the possession of or while being worked upon by
Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors.
All documents so lost or damaged shall be replaced or restored by Engineer without cost to City.
Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's
work and documents for purposes of constructing, using and maintaining the Project, provided that City
shall comply with its obligations, including prompt payment of all sums when due, under this Contract.
Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If
and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other
similarly credentialed design professionals to reproduce and, where permitted by law, to make changes,
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corrections or additions to the work and documents for the purposes of completing, using and
maintaining the Project.
City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to anothe party without the prior written contract of Engineer. However, City shall be permitted
to authorize the ontractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use in their execution of the Work.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for
similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of
Service shall be at City's sole risk and without liability to Engineer and its Engineers.
Prior to Engineer providing to City any Instruments of Service in electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City and
Engineer shall by separate written contract set forth the specific conditions governing the format of such
Instruments of S rvice 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 ri . In the case of any defects in electronic files or any discrepancies between them and
any hardcopy o the same documents prepared by Engineer, the hardcopy shall prevail. Only printed
copies of docum nts 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 app opriately 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 Se ices, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engin er may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities t rider 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 TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(l) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty (30)days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, City shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
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Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above,then the amount charged during the thirty-day notice period shall not exceed the amount charged
during the preceding thirty (30)days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer,then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usab e to City, the reasonable and necessary cost to City of employing another firm to
complete the E gineering Services required and the time required to do so, and other factors which
affect the value to City of the Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set ffirth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due W the failure of Engineer to fulfill his/her/its contractual obligations,then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of ar y procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable state, federal and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) As required by Chapter 2271, Government Code, Engineer hereby verifies that it does not
boycott Israel arid will not boycott Israel through the term of this Agreement. For purposes of this
verification, "boycott Israel" means refusing to deal with, terminating business activities with, or
otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial
relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-
controlled territo , but does not include an action made for ordinary business purposes.
(3) In ac ordance with 2274, Texas Government Code, a governmental entity may not enter
into a contract with a company with at least ten (10) full-time employees for value of at least One
Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision in the
contract verifying that it: (1) does not have a practice, policy, guidance, or directive that discriminates
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against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association. The signatory executing this Contract on
behalf of the Engineer verifies Engineer does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association,and it will not discriminate during the
term of this Contract against any firearm entity or firearm trade association.
(4) 1n accordance with 2274, Texas Government Code, a governmental entity may not enter
into a contract with a company with at least ten (10) full-time employees for a value of at least One
Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision in the
contract verifying that it: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of this Contract. The signatory executing this Contract on behalf of
Engineer verifies Engineer does not boycott energy companies, and it will not boycott energy
companies during the term of this Contract.
(5) This Project is being assisted by the United States of America. Engineer and City
acknowledge and agree that this is a federally assisted Project, and as such, shall comply with all such
requirements. Said requirements include, but are not limited to, compliance with 2 CFR 200 and the
Equal Opportunity Act and any other federal regulations, code provisions, orders and rules, including
but not limited to, the federal regulations set forth in Exhibit E, attached hereto and incorporated herein
by reference for all purposes.
(6) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales, Excise,and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold City harmless from all liability for damage to the extent that the
damage is caused by or results from an act of negligence, intentional tort, intellectual property
infringement, or failure to pay a subcontractor or supplier committed by Engineer, Engineer's agent, or
another entity over which Engineer exercises control. Engineer shall also save and hold City harmless
from any and all expenses, including but not limited to reasonable attorneys' fees which may be
incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City
to the extent resulting from such negligent activities by Engineer, its agents,or employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
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ARTICLE 24
ENGINEER'S SEAL
The resp nsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accorda ce with the Texas Engineering Practice Act and the rules of the State Board of
Registration for 11rofessional Engineers.
ARTICLE 25
NON-COLLUSION,FINANCIAL INTEREST PROHIBITED
(1) Non collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, pe entage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award r making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election,to
deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee,gift or contingent fee.
(2) Min ancial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insu ance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this ontract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and
otherwise acceptible to City. Engineer shall also notify City, within twenty-four(24)hours of receipt, of
any notices of a piration, cancellation, non-renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy condition as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
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(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non-
renewal in coverage,and such notice thereof shall be given to City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self-Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled"Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
13
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records ertaining to the project, and records of accounts between City and Engineer, shall be
kept on a gene ally recognized accounting basis and shall be available to City or its authorized
representatives t 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 and Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
and to:
Stephan . Sheets
City Attorney
309 East Main Street
Round Rock,TX 78664
Engineer:
Halff Associates, Inc.
13620 Briarwick Drive, Building C, Suite 100
Austin,TX 78729
14
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. The Services shall be performed expeditiously as is prudent
considering the ordinary professional skill and care of a competent engineer. Engineer understands and
agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services
for each phase of this Contract within the agreed Work Schedule may constitute a material breach of
this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its
reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of
performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to
perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder
without waiver of any of City's additional legal rights or remedies. Any determination to withhold or
set off shall be made in good faith and with written notice to Engineer provided, however, Engineer
shall have fourteen (14) calendar days from receipt of the notice to submit a plan for cure reasonably
acceptable to City.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given,and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terns of this Contract provide for action to be
based upon opinion,judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion,judgment, approval, review,
or determination to be arbitrary,capricious,or unreasonable.
15
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above-stated representations
and warranties a e made for the purpose of inducing City to enter into this Contract.
IN WIT ESS WHEREOF,the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor,as has Engineer, signing by and through
its duly authori2ed representative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and full performance of the terms and provisions hereof.
CITY OF ROUND ROCK,TEXAS APPROVED AS TO FORM:
By:
Craig Morgg n, Mayor Stephan L. Sheets, City Attorney
ATTEST:
By:
Meagan Spi s, City Clerk
HALFF ASSOC ATES, INC.
By:
Signature of Principal
Printed Na
16
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2)Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4)Exhibit D Fee Schedule
(5)Exhibit E Federal Requirements
(6)Exhibit F Certificates of Insurance
17
Exhibit A
Services to be Provided by the City
The City wil provide the following information and other assistance to the Engineer that the City
deems appropriate and necessary:
1. Any ieadily available pertinent existing information relating to the services to be performed
by th Engineer;the City will provide one copy of such information in a format chosen by the
City. This may include plans, as-built data, hydrology and hydraulic models, GIS data, or
previous studies in or adjacent to the project area.
2. Clear direction and/or response to questions or requests made by the Engineer in the course
of the Engineer's performance of services.
3. Time y review of deliverables that have been properly completed and submitted by the
Engineer; and timely provisions of comments, if any, to the Engineer resulting from said
reviews.
4. Provi Je access to property required to perform any field investigations required as part of the
Engi eer's scope of work.
City of Round Rock Stormwater Master Plan 2022
Contract for Engineering Services
EXHIBIT B
Services to be Provided by the Engineer
CITY OF ROUND ROCK
STORMWATER MASTER PLAN 2022
SCOPE OF WORK
1/19/2022
Project Introduction
The City of Round Rock had a population of 119,468 in 2020, a 19.6% increase over the last 10
years. With the increase in population and development,the increase in rainfall runoff could have
flooding impacts and stream velocity will leave channels more susceptible to erosion. Ultimately,
flooding impacts from the City's streams and other local sources may result in greater public risk
and impede City growth. Flooding within the City is continually a concern and the City is being
proactive by re-evaluating its drainage needs. Previously the City's Stormwater Master Plan
(SWMP) was completed by Halff Associates, Inc. (Halff) in March 2014. The 2014 SWMP
inventoried the City's stormwater infrastructure, identified and assessed existing and potential
flood and erosion risk, developed conceptual mitigation solutions, and developed a prioritized
stormwater Capital Improvement Program(CIP)project list.As a follow up to the original SWMP,
eleven (11) originally identified projects were re-evaluated as part of the City of Round Rock
Stormwater Master Plan Drainage Section Update performed by Halff in April 2020. In addition,
the SWMP Update provided a desktop creek evaluation and developed a creek maintenance plan.
To more effectively plan drainage improvements aimed at minimizing riverine and local flooding
concerns,the City is taking a proactive approach. As such,the City has asked Halff to update the
City's Stormwater Master Plan that will encompass the City limits. The services and products
resulting from the study shall be referred to as the City of Round Rock Stormwater Master Plan
(SWMP) 2022.
Proiect Purpose
The purpose and objective of the SWMP 2022 is to develop a comprehensive evaluation of existing
drainage conditions throughout the City by developing an accurate and current understanding of
the drainage infrastructure.This understanding will include a comprehensive inventory of existing
data, accurate simulation using best available data, flooding problem area identification
determined using Atlas 14 rainfall data, and conceptual flood mitigation solutions. Riverine
analyses will include Brushy Creek, Chandler Branch, Dry Branch, Dry Fork Creek, Gilleland
Creek, Lake Creek, McNutt Creek, Onion Creek, Rattan Creek. This SWMP will ensure both
riverine and local flood problem areas are addressed. The flood problem areas will be identified
using City staff and community input. Flood mitigation solutions will be developed to create a
drainage Capital Improvement Project (CIP) plan that will prioritize projects using a scoring
matrix.
A detailed scope for the SWMP with specific tasks and associated deliverables is provided in the
following scope of services.
City of Round Rock Stonnwater Master Plan 2022
Contract for Engineering Services
Project Sco
Task 1: Pro ect Management and Coordination
Halff projec management activities shall include task leadership and direction, telephone and
written comi nunication, project status reports, project progress meetings, project invoicing, and
personnel a d data management among other general project management activities. Specific
meetings beyond staff management coordination and regular communication include the
following:
a. Project meetings
i. Attend one(1)project kickoff meeting with City staff.The meeting will be coordinated
b the Halff Project Manager and is intended to discuss key items such as project
schedule,budget,and any specific directives.Halff will provide a preliminary schedule
U tasks.
ii. Attend up to five (5) progress meetings, over the course of the project schedule, to
discuss project progress to date, data collection needs, evaluation of flood problem
a eas, drainage CIP development and ranking,project schedule, etc.
iii. Attend two (2) public meetings or City Council meetings for the City to gather input
fr m the community and discuss process, findings, and recommendations. This scope
assumes one meeting will be virtual and one meeting will be in-person. Should a virtual
meeting be needed due to pandemic restrictions,virtual meetings will be conducted to
gather information from the public.
iv. Meeting minutes shall be submitted to the City Project Manager with five (5)working
days after each meeting.
b. Adm nistration
i. Monthly project status reports shall be provided to the City with the monthly invoice.
P ogress may include notes regarding work completed in the preceding billing cycle,
w rk expected to be completed in the next cycle, and any outstanding questions or
issues for discussion.
Task 2: Dat Collection
Data collecti n and model inventory tasks will generally include gathering, organizing, and
reviewing of all data provided,both hard copy and digital format. Data review tasks will generally
include comprehensive analysis of available models, reports, record drawings, and GIS
information to determine the accuracy and validity of each. Halff will also review the current
drainage criteria and work with the City to recommend any potential changes or clarifications that
may be needed. Specific tasks relating to data collection include the following:
a. GIS Data
i. Data requests will be directed to the City with additional requests made to outside
entities, if necessary.
City of Round Rock Stormwater Master Plan 2022
Contract for Engineering Services
ii. Halff will collect and catalogue readily available existing GIS data including, but not
limited to, data obtained from the original creek walks in 2014, storm drain network,
terrain (LiDAR) data, land use/zoning, FEMA (both mapping and repetitive loss data
if available), planimetric, political boundaries, development and subdivisions,
detention pond locations, utility information,parcel information,etc.
iii. GIS data collected will be compiled into a SWMP geodatabase and provided as a
deliverable. The SWMP geodatabase will include spatial data obtained as the project
progresses.
b. Hydrologic and Hydraulic Models
i. Riverine hydrologic and hydraulic (H&H) models for the Upper Brushy Creek
Watershed were updated to include NOAA Atlas 14 rainfall data prepared for the City
of Round Rock. These avaliable hydraulic models will be leveraged and utilized to
ensure riverine flood mitigation solutions within the SWMP area do not adversely
impact adjacent properties.
ii. Additional local models developed within the project boundary will also be requested
by Halff. These may include models developed for regional detention pond projects,
channel improvement projects, large scale developments, etc. A cursory review of the
models will be performed to determine relevance and can be considered the best
available data.
c. Local Drainage Reports and Record Drawings
i. Drainage reports developed for major development projects or capital projects,
including detention, channel improvement, and storm drain improvement, will be
requested from the City.
ii. Record or "As-Built" drawings will be requested from the City for improvements
including, but not limited to, creek improvements, detention ponds, storm drainage
networks,major developments, roadway crossing, and subdivisions.
iii. Conduct a comprehensive evaluation of the LOMRs, CLOMRs, and drainage reports
for regional detention, channel improvements or major developments. A cursory
review of other drainage reports will be conducted to determine if the information
provided affects the larger study
d. Master Plan and CIP Plan Review
i. Review the current City master plans including:
a. Comprehensive Plan
b. Transportation Master Plan
c. Trail Master Plan
d. Parks and Recreation Master Plan (Playbook 2030)
ii. Obtain and review records or knowledge of local drainage complaints received by City
staff.
City ot'l OUncl hock storraawater Nlaster flan 2022
Contract l rr Engineering services
c,. C"'ree Walks & Field Reconnaissance
i, Creek 'Walks
aa. Half'f'will conduct "Creek Walks" of each strearndcreek within the City hirlits.
Creek Walks will be conducted by two (2) person tearns consisting of, at a
minimurn one (l) End ineer-in-"I"raining. 'rhe two (2) Iverson teams will identify
i:;,sue:s that may iracla de:
1. C'canve antro: historical and observed sta°uctural flooding evidence
2. Utilities: exfrosr°cl utilities, aerial crossing, or possible wastewater leaks
3. Erosion. scour holes or embankn'aent sloughing
4. Inf"rastructurc: piping evidence or asphalt heaving at stream crossings
5. Maintenance: buried or blocked culverts, or excessive vegetation/debris
b. luring the Creek Walks, the two (2) person tearns will docuraaerat identified
issues by using a cellular enabled tablet. The tablets avill be leveraged to
photograph, make coanments and geolocate each issue identified using a built in
ArcGIS app. As a Licensed CSR-I partner, I laalff will utilize ara internal (rSRI
Portal, `D11' (Spatial Database Engine) or similaar clatabase(s) and I SRJ Field
Collector Mobile Application for the field collection. This will allow domains,
attachment,and similar(JIS functionality to be leveraged for efficiency and data
integrity. I�,SRI field Collector Mobile pl)lication utilise the cellular network
for approximate latitude and longitude measurements. A mobile device (cellular
smart phone, tablet or similar) will be used to capture non survey grade
coordinates liar- field collection points, lines and or polygons. Pictures will be
attached to each related I`caturc and can be viewed using ESRI or similar Oils
software and product.
c. The Creek. Walks will be limited to :streams with a minimum contributing
drainage area of ten (W) acres within the C'ity"s corporate limits and within the
Meadows olThandler Creek MUD only. The creek walks will not be conducted
in the City's l'xtraa Terri(orial Jurisdiction (L"Ll), or areas within the jurisdiction
of Unicipal Utility Districts (HCl_Ds), Table 'I provides specific limits for the
Creek Walks.
i
Table. 1: Creek Walk Stream Mileage
Brush Crcek2,3,5
Chandler Branch ;305
[)ry Brinch_._ _ 13
j2ry Fork Creek L5
Gilleland Creek 2
Lake C.'reck 14
McNUtt O'eck .
Onion Branch 11.5
Rattan Creek 2
Total 106.5
i
City of Round Rock Stormwater Master Plan 2022
Contract for Engineering Services
ii. Halff will conduct additional site visits for identified local flood problem areas where
access is available from public right-of-way (ROW) and of selected road crossings,
storm drain outfalls, regional detention ponds, and sections of identified streams. Site
visits will be conducted by two(2)person teams.During the site visits,Halff will locate
identified features, photograph the feature, and include notes regarding dimensions,
conditions, etc. This scope assumes two (2)days of site visits.
iii. Limited field survey will be conducted in select areas,and as required,to verify existing
local conditions. Field survey locations will be provided to the City Project Manager
and confirmed prior to starting field work. This scope assumes five(5)days of ground
survey for a 2-man survey crew and time for a survey tech to process the data.
iv. Once the field verification process is complete, the GIS data developed will be
evaluated for completeness and correctness. The final GIS data will be compiled and
finalized into the DMP Geodatabase for City use.
Task 3: Drainage Problem Identification
Halff will compile a list of drainage problem area"hot spots"identified based on the data collected
in the previous task and City staff input. Flood and drainage issues will be identified using the best
available existing information, local and riverine drainage complaints, and City known areas of
flooding. Halff understands the City is working with other consultants to develop local drainage
solutions which will be provided to Halff to incorporate in the this task. The following sub-tasks
to be conducted for the task include the following:
a. Leverage Hydrologic and Hydraulic Models
i. Leverage the best available existing riverine H&H models for the 2-, 10-,25-, 50-,and
100-year storm events. Halff will utilize City provided Upper Brushy Creek H&H
models updated with Atlas 14 rainfall up to the 100-year storm event. Prepare
floodplain extents to determine flood problems.
ii. Utilize readily available local drainage studies provided by the City to assess drainage
issues.
b. Identify Drainage Problems
Halff will identify local (City and community input)and riverine(H&H models and Creek
Walks)drainage problems by reviewing the information provided by the City,community,
H&H models, and information gathered during the Creek Walks. The identified drainage
problems may include:
i. Local flooding
a. Storm drain systems
b. Street flooding
c. Subdivision (lot)flooding
ii. Riverine flooding
a. Road overtopping
City of Round I tock Stormwater Master Plan 2022
Contract for Engineering Services
b. Building flooding
iii. S ream erosion
a. Roads threatened
b. Buildings threatened
c. Utility infrastructure threatened
Task 4: Develop Drainage Solutions
a. Flooil Mitigation Solutions
Halff will conduct an H&H analysis of the identified drainage problem areas using updated
field ata collected. Halff will utilize the City provided H&H models to develop proposed
riveri a flood mitigation solutions. To develop local flood mitigation solutions, Halff will
utilize standard rational method to determine flows and manning's equations to determine
pipe nd ditch conveyance improvements. If necessary, updates may include the use of
more advanced modeling techniques such as Unsteady 1 D and 2D modeling for complex
drain ige areas. Halff will identify advanced modeling techniques if needed and will
coorc inate with the City Project Manager prior to investigating solutions and request
addit onal services at that time. New drainage mitigation solutions will be limited to 15
ident fied drainage projects. For neighborhood drainage studies developed by the City's
consi pants, Halff will simply add the neighborhood drainage study solutions to the list of
drain ige CIP projects for ranking and prioritizing projects. Flood protection measures may
inclu le the following structural and non-structural measures as independent or
combination solutions:
i. Structural Alternatives:
a. Storm drain system improvements
b. Road crossing improvements
c. Channel improvements
d. Detention and retention ponds
ii. N n-Structural Alternatives:
a. Identify flood areas and depths
b. Require new buildings to be elevated or located beyond flood hazard areas
c. Voluntary buyouts of buildings most prone to flooding
d. Hazard classification for low water crossings
e. Recommendations on drainage criteria or ordinance updates for future
development in and around floodplain areas
f. Flood warning objectives, including signage, flashers, gauges, notifications, or
media
b. Ranking and Categorizing Projects
Using a systematic process,Halff will rank and categorize each evaluated drainage project.
The projects may be classified as Large CIP(regional),Small CIP(local),and O&M(small
proje ts)which will be defined with City staff input. When scoring is complete, Halff will
provi<e a draft drainage matrix for solutions developed for City review.The draft solutions
will i iclude a one-page project summary that will include the project description,
conce tual flood mitigation solution, and probable cost estimate. A Benefit-Cost Analysis
City of Round Rock Stormwater Master Plan 2022
Contract for Engineering Services
(BCA) will not be included as the City does not anticipate Federal funding for project
implementation.
c. CIP Prioritization
Halff will meet with City staff to review project classifications and confirm objectives and
assumptions for the CIP prioritization.The prioritization of the drainage CIP projects will
likely be evaluated based on criteria that may include Public Safety, Structures Benefited,
Economic Impact, Environmental Impact,and Project Timing among others. Each criteria
developed will have a description and scoring values.
Task S: Design and Construction Standards Drainage Specifications Review
Halff will conduct a review of the City's Design and Construction Standards (DACS) Drainage
Specifications and Construction Standards Drainage Details and provide recommendations for
revisions and clarifications. A separate technical memorandum will be prepared summarizing the
recommendations for the City to implement.
a. DACS Drainage Specifications Review
Halff will review the City of Round Rock Design and Construction (DACS) Drainage
Specifications and recommend revisions and clarifications. This scope does not include
drafting language to implement the changes to the DACS.
b. Construction Standard Drainage Details Review
Halff will review drainage construction standard details the City currently uses. After
review Halff will recommend revisions and clarification to the standard details.This scope
does not include drafting new construction details or altering existing construction details
in CAD.
Task 6: Creek Maintenance Evaluation
Halff will re-evaluate the creek maintenance plan developed as part of the SWMP Update
completed in April 2020. The scoring matrix and stream reaches identified as part of the SWMP
Update will be re-evaluated and refined with additional information obtained from the Creek
Walks and input from the City. Stream reaches will be re-ranked and prioritized as part of this
effort to reflect the addition data from the Creek Walks.
Task 7: Water Quality Desktop Evaluation
Halff will perform a desktop water quality evaluation of major creek segments located within the
City limits utilizing available data published by the TCEQ Water Quality. The desktop
evaluation will summarize Halff s findings of the Texas Integrated Report which comprises the
303(d) impaired surface waters list.The evaluation summary will include thresholds standards
for dissolved oxygen, pH, dissolved minerals,toxic substances, and bacteria.
Task 8: Prepare Stormwater Master Plan
The SWMP report submittal will include a detailed narrative discussing methodology and
procedure, data collection and inventory process, compilation of all data collected and evaluated,
updated digital information including GIS, H&H models utilized, photos, conceptual solutions,
City of Round kock Stormwater Master Plan 2022
Contract for Er gineering Services
schematic r nderings, a prioritized drainage CIP plan, associated probable cost estimates, and
drainage funling options.Specific tasks relating to the submittal preparation include the following:
a. Repc rt Deliverable
Prepare a detailed SWMP report, including a narrative discussing the procedures and
findhigs of each task, relevant figures and tables, a log of project decisions, conceptual
drain ge project solutions, probable cost estimate, prioritized drainage CIP plan, creek
maintenance plan, and water quality desktop assessment. Copies of the digital information
will tie included on thumb drive with the report.
b. Digital Data Deliverable
Prepz re SWMP digital database for submittal.Digital data will include data used to support
and develop the SWMP deliverables such as model inventory, report/plan inventory, field
data collected (notes and photos) from creek walk, H&H models, basin delineations, land
use, sDils, hydraulic centerlines, cross-sections, stream floodplains (existing condition 25-
yr ani I 100-year), and other relevant digital data.
Task 9: Quality Assurance/Quality Control
Each task wi 1 be subjected to internal QA/QC by an independent water resource engineer at Halff
(typically by another office or team).Associated QC documentation will be provided upon request.
Specific tasks relating to the QA/QC process include the following:
a. QA/ C Procedures
i. T1 ie QA/QC program will include a multi-level approach to ensure that senior members
re tiew,comment,and approve the completed work. Quality control checklists shall be
cr-ated for the data collection,model development,final SWMP geodatabase,and final
re ort elements of the work.Each checklist will include milestone reviews that describe
th items to be reviewed and include documentation of the comments by the reviewer
ar d responses from the design engineer. Deliverables to the City will be accompanied
b a certification that they have been reviewed for quality.
Task 10: Co itingency Additional Services
If additional-
rofessional engineering services are needed as the project progress,this task is
included to c ver any potential unknowns that may arise. Use of this task will be requested by
Halff and authorized by the City prior to use.
City of Round Rock Stormwater Master Plan 2022
Contract for Engineering Services
EXHIBIT C
Work Schedule
Halff Associated, Inc. (Halff)can commence work on this project within two weeks after notice-to-
proceed is received from the City of Round Rock.
Halff anticipates completing the Stormwater Master Plan 2022 within 14 months.Contract
milestones are as follows based on monthly time frames.A detailed project schedule will be
prepared that will include task milestone dates.
• Task 1: Project Management—14 months
• Task 2: Data Collection—4 months
• Task 3: Drainage Problem Identification—3 months
• Task 4: Develop Drainage Solutions—4 months
• Task 5: Drainage Criteria Review— 1 month
• Task 6: Creek Maintenance Evaluation— I month
• Task 7: Water Quality Desktop Evaluation— I month
• Task 8: Prepare Stormwater Master Plan— 1 month
• Task 9: Quality Assurance J Quality Control— 10 months
• Task 10: Contingency Additional Services
City of Round Rock Stormwater Master Plan 2022
Contract for Engineering Services
EXHIBIT D
Fee Schedule
Stormwater Master Plan 2022
Exhibit D
Fee Schedule
Total Total Other TOTALS
Task Labor Hours Loaded Labor Cost Direct Costs Subconsultants
Task 1:Project Management and Coordination 207 $33,096.00 $130.00 $0.00 $33,226.00
Task 2:Data Collection 724 $94,115.00 $500.00 $0.00 $94,615.00
Task 3:Drainage Problem Identification 190 $26,920.00 $0.00 $0.00 $26,920.00
Task 4:Develop Drainage Solutions 580 $77,860.00 $0.00 $0.00 $77,860.00
Task 5:DACS Drainage Section Review 125 $22,250.00 $0.00 $0.00 $22,250.00
Task 6:Creek Maintenance F valuation 75 $10,730.00 $0.00 $0.00 $10,730.00
Task 7:Water Quality Desktop Evaluation 65 $9,130.00 $0.00 $0.00 $9,130.00
Task 8:Prepare Stormwater f laster Plan Update 212 $27,900.00 $420.00 $0.00 $28,320.00
Task 9:Quality Assurance J I Juality Control 100 $15,525.00 $0.00 $0.00 $15,525.00
Task 10:Contingency Additional Services 0 $31,858.00 $0.00 $0.00 $31,858.00
PROJECT TOTAL 2278 $349,384.00 $1,050.00 $0.00 $35o,434.00
EXHIBIT E: FEDERAL REQUIREMENTS FOR AMERICAN RESCUE PLAN PROJECTS
Section No. Title
FR-01 Breach of Contract Terms
FR-02 Termination of Contract
FR-03 Equal Employment Opportunity-41 CFR Part 60-1.4(b)
FR-04 Standard Federal Equal Employment Opportunity Construction Contract
Specifications—41 CFR Part 60.4.3
FR-05 Copeland Anti-Kickback Act 29 CFR Part 5
FR-06 Davis-Bacon Labor Requirements 29 CFR part 5
FR-07 Contract Work hours and Safety Standards Act Requirements
FR-08 Rights to Inventions
FR-9 Access to Records and Record Retention
FR-10 Clean Air and Water Pollution Control
FR-11 Energy Conservation Requirements
FR-12 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion
FRA3 Lobbying and Influencing Procurement
FR-14 Domestic Preference for Procurements
FRA5 Procurement of Recovered Materials
Page 21
FEDERAL REQUIREMENTS:-FR-01
BREACH OF CONTRACT TERMS
Any iolation or breach of terms of this contract on the part of the contractor
or ft eir subcontractors may result in the suspension or termination of this
contract or such other action that may be necessary to enforce the rights of the
parties of this agreement. The duties and obligations imposed by the Contract
Docu rnents and the rights and remedies available thereunder shall be in
addition to and not a limitation of any duties, obligations, rights and remedies
otherNise imposed or available by law.
Page 22
FEDERAL REQUIREMENTS: FR-02
TERMINATION OF CONTRACT
1 The City may, by written notice, terminate this contract in whole or in part at
any time, either for the City's convenience or because of failure to fulfill the
contract obligations. Upon receipt of such notice services shall be immediately
discontinued (unless the notice directs otherwise) and all materials as may have
been accumulated in performing this contract, whether completed or in progress,
delivered to the City.
2 If the termination is for the convenience of the City, an equitable adjustment in
the contract price shall be made, but no amount shall be allowed for anticipated
profit on unperformed services.
3 If the termination is due to failure to fulfill the contractor's obligations, the City
may take over the work and prosecute the same to completion by contract or
otherwise. In such case, the contractor shall be liable to the City for any additional
cost occasioned to the City thereby.
4 If, after notice of termination for failure to fulfill contract obligations, it is
determined that the contractor had not so failed, the termination shall be deemed
to have been effected for the convenience of the City. In such event, adjustment
in the contract price shall be made as provided in this clause.
5 The rights and remedies of the City provided in this clause are in addition to
any other rights and remedies provided by law or under this contract.
Page 23
FEDERAL REQUIREMENTS: FR-03
EQUAL EMPLOYMENT OPPORTUNITY-Executive Order 11246 as amended
41 CFR PART 60-1.4(b)
During the performance of this contract, the contractor agrees as follows:
a. Tt e contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
contr 3ctor will take affirmative action to ensure that applicants are employed,
and hat employees are treated during employment without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be
limite I to the following: Employment, upgrading, demotion, or transfer;
recru tment or recruitment advertising; layoff or termination; rates of pay or other
formE of compensation; and selection for training, including apprenticeship. The
contr ictor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
considerations for employment without regard to race, color, religion, sex, or
national origin.
c. Th 3 contractor will send to each labor union or representative of workers
with 1 vhich he/she has a collective bargaining agreement or other contract or
under standing, a notice to be provided by the agency contracting officer,
advisi ig the labor union or workers' representatives of the contractor's
commitments under Section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to
empl yees and applicants for employment.
d.The contractor will comply with all provisions of Executive Order 11246 of
Sept ber 24, 1965, as amended, and of the rules, regulations, and relevant
order of the Secretary of Labor.
e. The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secr ary of Labor, or pursuant thereto, and will permit access to his/her books,
recorc s, and accounts by the contracting agency and the Secretary of Labor for
purpo es of investigation to ascertain compliance with such rules, regulations,
and oi ders.
f. In he event of the contractor's noncompliance with the nondiscrimination
claus s of this contract or with any of the such rules, regulations, or orders, this
contrec ct may be cancelled, terminated or suspended in whole or in part and the
contre ctor may be declared ineligible for further Government contracts or federally
assist Bd construction contracts in accordance with procedure authorized in
ExeCL tive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of
Page 24
September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
g. The contractor will include the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with
respect to any subcontract or purchase order as may be directed by the
Secretary of Labor as a means of enforcing such provision, including sanctions
for noncompliance: Provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the administering agency the contractor may request the
United States to enter into such litigation to protect the interests of the United
States.
[Sec. 202 amended by EO 11375 of Oct 13, 1967, 32 FR 14303, 3 CFR, 1966-
1970 Comp., p. 684. EO 12086 of Oct5, 1978, 43 FR 46501, 3 CFR, 1978 Comp.,
p. 230]
SEC. 203.Each contractor having a contract containing the provisions prescribed
in Section 202 shall file, and shalt cause each of his subcontractors to file,
Compliance Reports with the contracting agency or the Secretary of Labor as
may be directed. Compliance Reports shall be filed within such times and shall
contain such information as to the practices, policies, programs, and
employment policies, programs, and employment statistics of the contractor and
each subcontractor, and shall be in such form, as the Secretary of Labor may
prescribe.
Contractors or subcontractors may be required to state whether they have
participated in any previous contract subject to the provisions of this Order, or
any preceding similar Executive order, and in that event to submit, on behalf of
themselves and their proposed subcontractors, Compliance Reports prior to or
as an initial part of their bid or negotiation of a contract.
Whenever the contractor or subcontractor has a collective bargaining agreement
or other contract or understanding with a labor union or an agency referring
workers or providing or supervising apprenticeship or training for such workers,
the Compliance Report shall include such information as to such labor union's
or agency's practices and policies affecting compliance as the Secretary of
Labor may prescribe: Provided, That to the extent such information is within the
exclusive possession of a labor union or an agency referring workers or
providing or supervising apprenticeship or training and such labor union or
agency shall refuse to furnish such information to the contractor, the contractor
shall so certify to the Secretary of Labor as part of its Compliance Report and
shall set forth what efforts he has made to obtain such information.
The Secretary of Labor may direct that any contractor or subcontractor shall
submit, as part of his/her Compliance Report, a statement in writing, signed by
Page 25
an a ithorized officer or agent on behalf of any labor union or any agency
referring workers or providing or supervising apprenticeship or other training,
with Nhich the contractor deals, with supporting information, to the effect that
the s gner's practices and policies do not discriminate on the grounds of race,
color, religion, sex or national origin, and that the signer either will affirmatively
cooperate in the implementation of the policy and provisions of this Order or that
it coi isents and agrees that recruitment, employment, and the terms and
condi ions of employment under the proposed contract shall be in accordance
with Ile purposes and provisions of the order. In the event that the union, or the
agen y shall refuse to execute such a statement, the Compliance Report shall
so certify and set forth what efforts have been made to secure such a statement
and such additional factual material as the Secretary of Labor may require.
[Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR,
1966-1970 Comp., p. 684; EO 12086 of Oct. 5, 1978,43 FR 46501, 3 CFR, 1978
Comp., p.230]
Page 26
FEDERAL REQUIREMENTS: FR-04
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS -41 CFR Part 60.4.3
1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation
from which this contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance
Programs (OFCCP),
U.S. Department of Labor, or any person to whom the Director delegates
authority;
C. "Employer identification number" means the Federal social security
number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury
Department Form 941;
d. "Minority" includes:
(i) Black (all) persons having origins in any of the Black African racial groups
not of Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South
American, or other Spanish culture or origin regardless of race);
(iii) Asian and Pacific Islander (all persons having origins in any of the original
peoples of the Far East, Southeast Asia, the Indian Subcontinent, or
the Pacific Islands); and
(iv) American Indian or Alaskan native (all persons having origins in any of
the original peoples of North America and maintaining identifiable tribal
affiliations through membership and participation or community
identification).
2. Whenever the contractor, or any subcontractor at any tier, subcontracts a
portion of the work involving any construction trade, it shall physically include
in each subcontract in excess of $10,000 the provisions of these specifications
and the Notice which contains the applicable goals for minority and female
participation and which is set forth in the solicitations from which this contract
resulted.
3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown
Plan approved by the U.S. Department of Labor in the covered area either
individually or through an association, its affirmative action obligations on all
work in the Plan area (including goals and timetables) shall be in accordance
with that Plan for those trades which have unions participating in the Plan.
Contractors shall be able to demonstrate their participation in and compliance
Page 27
with the provisions of any such Hometown Plan. Each contractor or
subcontractor participating in an approved plan is individually required to
comply with its obligations under the EEO clause and to make a good faith effort to
achieve each goal under the Plan in each trade in which it has employees. The
overall good faith performance by other contractors or subcontractors toward a
goal in an approved Plan does not excuse any covered contractor's or
subcontractor's failure to take good faith efforts to achieve the Plan goals and
timetables.
4. The contractor shall implement the specific affirmative action standards
provi ed in paragraphs 18.7a through 18.7p of these specifications. The goals set
forth n the solicitation from which this contract resulted are expressed as
perce mages of the total hours of employment and training of minority and
femal utilization the contractor should reasonably be able to achieve in each
const uction trade in which it has employees in the covered area. Covered
const ction contractors performing construction work in a geographical area
where they do not have a Federal or federally assisted construction contract shall
apply the
minority and female goals established for the geographical area where the work
is be ng performed. Goals are published periodically in the Federal Register in
notice form, and such notices may be obtained from any Office of Federal
Contract Compliance Programs office or from Federal procurement contracting
officers. The contractor is expected to make substantially uniform progress in
meeti rig its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement nor the
failure by a union with whom the contractor has a collective bargaining agreement
to refer either minorities or women shall excuse the contractor's obligations under
these specifications, Executive Order 11246 or the regulations promulgated
pursuant thereto.
6. In order for the non-working training hours of apprentices and trainees to
be co inted in meeting the goals, such apprentices and trainees shall be employed
by the contractor during the training period and the contractor shall have
made a commitment to employ the apprentices and trainees at the
completion of their training, subject to the availability of employment
oppo unities. Trainees shall be trained pursuant to training programs approved by
the U.S. Department of Labor.
7. The contractor shall take specific affirmative actions to ensure equal
empl yment opportunity. The evaluation of the contractor's compliance with these
specif cations 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
adve tising in the news media, specifically including minority and female news
media, and providing written notification to and discussing the contractor's EEO
policy with other contractors and subcontractors with whom the contractor does or
anticipates doing business.
L Direct its recruitment efforts, both oral and written, to minority, female,
and ommunity organizations, to schools with minority and female students;
and o minority and female recruitment and training organizations serving the
contractor's recruitment area and employment needs. Not later than one
monti prior to the date for the acceptance of applications for apprenticeship
or of er training by any recruitment source, the contractor shall send written
notifi tion to organizations, such as the above, describing the openings,
screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other
mind ity persons and women and, where reasonable provide after school,
sumn ier, and vacation employment to minority and female youth both on the site
and ir i other areas of a contractor's workforce.
k. Validate all tests and other selection requirements where there is an
obligE ition to do so under 41 CFR Part 60-3.
I. Conduct, at least annually, an inventory and evaluation at least of all
minor ty and female personnel, for promotional opportunities and encourage
these employees to seek or to prepare for, through appropriate training, etc.,
such opportunities.
M. Ensure that seniority practices, job classifications, work assignments,
and cther personnel practices do not have a discriminatory effect by continually
monitoring all personnel and employment related activities to ensure that the
EEO policy and the contractor's obligations under these specifications are being
carrie J 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
provic ed 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
perfor,nance under the contractor's EEO policies and affirmative action
obliga tions.
8. Contractors are encouraged to participate in voluntary associations,
which assist in fulfilling one or more of their affirmative action obligations (18.7a
throuc h 18.7p). The efforts of a contractor association, joint contractor union,
contractor community, or other similar groups of which the contractor is a member
Page 30
and participant, may be asserted as fulfilling any one or more of its obligations
under 18.7a through 18.7p of these specifications provided that the contractor
actively participates in the group, makes every effort to assure that the group has
a positive impact on the employment of minorities and women in the industry,
ensures that the concrete benefits of the program are reflected in the contractor's
minority and female workforce participation, makes a good faith effort to meet its
individual goals and timetables, and can provide access to documentation which
demonstrates the effectiveness of actions taken on behalf of the contractor.
The obligation to comply, however, is the contractor's and failure of such a
group to fulfill an obligation shall not be a defense for the contractor's
noncompliance.
9. A single goal for minorities and a separate single goal for women have
been established. The contractor, however, is required to provide equal
employment opportunity and to take affirmative action for all minority groups, both
male and female, and all women, both minority and non-minority. Consequently,
if the particular group is employed in a substantially disparate manner (for
example, even though the contractor has achieved its goals for women
generally,) the contractor may be in violation of the Executive Order if a
specific minority group of women is underutilized.
10. The contractor shall not use the goals and timetables or affirmative action
standards to discriminate against any person because of race, color, religion, sex,
or national origin.
11. The contractor shall not enter into any subcontract with any person or firm
debarred from Government contracts pursuant to Executive Order 11246.
12. The contractor shall carry out such sanctions and penalties for
violation of these specifications and of the Equal Opportunity Clause, including
suspension, termination, and cancellation of existing subcontracts as may be
imposed or ordered pursuant to Executive Order 11246, as amended, and its
implementing regulations, by the Office of Federal Contract Compliance
Programs. Any contractor who fails to carry out such sanctions and penalties
shall be in violation of these specifications and Executive Order 11246, as
amended.
13. The contractor, in fulfilling its obligations under these specifications,
shall implement 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 Government, and to keep records. Records shall at least include for each
employee, the name, address, telephone number, construction trade, union
affiliation if any, employee identification number when assigned, social security
Page 31
num er, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or
laborer), dates of changes in status, hours worked per week in the indicated
trade rate of pay, and locations at which the work was performed. Records
shall be maintained in an easily understandable and retrievable form; however,
to the degree that existing records satisfy this requirement, contractors shall not
be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the
application of other laws which establish different standards of compliance or
upon the application of requirements for the hiring of local or other area
residents.
Page 32
FEDERAL REQUIREMENTS: FR-06
COPELAND "ANTI-KICKBACK" ACT—18 U.S.C. 874/40 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 4010)
DAVIS - BACON REQUIREMENTS
Compliance with Davis-Bacon and Related Act Requirements: Alll rulings
and interpretations of the Davis-Bacon and Related Acts Contained in 29
CFR Parts 1, 3 and 5 are herein incorporated by reference.
For additional information regarding Labor Rates, please go to the following
official website of the United States government:
www.SAN/L
Applicability
The Project or Program to which the construction work covered by this, contract
pertains is being assisted by the United States of America and the following
Federal Labor Standards Provisions are included in this Contract pursuant to the
provisions applicable to such Federal assistance.
1. (i) Minimum Wages All laborers and mechanics employed or working upon
the site of the work will be paid unconditionally and not less often than once
a week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by the Secretary of Labor under the
Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe
benefits, (or cash equivalent thereof) due at time of payment computed at rates
not less than those contained in the wage determination of the Secretary of Labor
which is attached hereto and made a part hereof, regardless of any contractual
relabonship which may be alleged to exist between the contractor and such
laborers and mechanics. Contributions made or costs reasonably anticipated for
bona Ifide 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
less often than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred
during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification of work actually
performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4).
Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually
worked therein: Provided, that the employer's payroll records accurately set
forth the time spent in each classification, in which work is performed. The wage
determination (including any additional classification and wage rates conformed
underl 29 CFR 5.5(a)(1)(fl) and the Davis-Bacon poster (WH-1321) shall be
posted at all times by the contractor and its Subcontractors at the site of the
11,ige 34
i
work in a prominent and accessible place where it can easily be seen by the
workers.
(ii) (a) Any class of laborers or mechanics, which is not listed in the wage
determination and which is to be employed under the contract shall be classified
in conformance with the wagedetermination. HUD shall approve an additional
classification and wage rate and fringe benefits therefore only when the
following criteria have been met:
(1) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and HUD or its designee agree
on the classification and wage rate (including the amount designated for fringe
benefits where appropriate), a report of the action taken shall be sent by HUD or
its designee to the Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor, Washington, D.C. 20210.
The Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so
advise HUD or its designee or will notify HUD or its designee within the 30-day
period that additional time is necessary. (Approved by the Office of Management
and Budged under OMB control number 12150140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and HUD or its designee do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits where appropriate), HUD or its designee shall refer the questions,
including the views of all interested parties and the recommendation of HUD or its
designee, to the Administrator for determination. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt and
so advise HUD or its designee or will notify HUD or its designee within the 30-
day period that additional time is necessary. (Approved by the Office of
Management and Budged under OMB control number 12150140.)
(d) The wage rate (including fringe benefits where appropriate) determined
pursuant to subparagraphs (1)(ii) (b) or (c) of this paragraph, shall be paid to all
workers performing work in the classification under this contract from the first day
on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an
hourly rate, the contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
Page 35
(iv) If the contractor does not make payments to a trustee or other third
person, the contractor may consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program, Provided, That the Secretary of Labor has
foun , upon the written request of the contractor, that the applicable standards of
the I avis-Bacon Act have been met. The Secretary of Labor may require the
contr ictor to set aside in a separate account assets for the meeting of
obligi itions under the plan or program. (Approved by the Office of Management
and E udged under OMB control number 12150140.)
2. Withholding. HUD or its designee shall upon its own action or upon
written request of an authorized representative of the Department of Labor
withh 31d or cause to be withheld from the contractor under this contract or any
other Federal contract with the same prime contractor, or any other Federally-
assis ed contract subject to David-Bacon prevailing wage requirements, which
is he d by the same prime contractor, so much of the accrued payments or
advances as may be considered necessary to pay laborers and mechanics,
incluc Ing apprentices, trainees, and helpers, employed by the contractor or any
subcontractor the full amount of wages required by the contract. In the event of
failure to pay any laborer or mechanic, including any apprentice, trainee, or
helpe , employed or working on the site of work, all or part of the wages required
by the contract, the HUD or its designee may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be
necei sary to cause the suspension of any further payment, advance, or guarantee
of fur ds until such violations have ceased. HUD or its designee may, after
writte i notice to the contractor, disburse such amounts withheld for and on
aCCOL nt of the contractor or subcontractor to the respective employees to whom
they re due. The Comptroller General shall make such disbursements in the
case of direct Davis-Bacon Act contracts.
3. (i) Payrolls and basic records. Payrolls and basic records relating thereto
shall be maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers and mechanics
workiiig at the site of the work. Such records shall contain the name, address,
and social security number of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of contributions or costs anticipated
for bona fide fringe benefits or cash equivalents thereof of the types described
in Se tion 1(b) (2) (B) of the Davis-Bacon Act), daily and weekly number of hours
worked, deductions made and actual wages paid. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing
benef is under a plan or program described in Section 1(b)(2)(B) of the Davis-
Bacor Act, the contractor shall maintain records which show that the commitment
to prc vide such benefits is enforceable, that the plan or program is financially
respo isible, and that the plan or program has been communicated in writing to the
laborE rs or mechanics affected, and records which show the costs anticipated or
thea ual costs incurred in providing such benefits. Contractors employing
appre itices or trainees under approved programs shall maintain written evidence
of the registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and the ratios and
Page 36
wage rates prescribed in the applicable programs. (Approved by the Office of
Management and Budget under OMB Control Numbers 1215-0140 and 1215-
0017.)
(ii) (a) The contractor shall submit weekly, for each week in which any contract
work is performed, a copy of all payrolls to HUD or its designee if the agency
is a party to the contract, but if the agency is not such a party, the contractor will
submit the payrolls to the applicant sponsor or owner, as the case may be, for
transmission to HUD or its designee. The payrolls submitted shall set out
accurately and completely all of the information required to be maintained under 29
CFR 5.5(a) (3) (i). This information may be submitted in any form desired. Optional
Form WH-347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S.
Government Printing Office, Washington, D.C. 20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors.
(Approved by the Office of Management and Budget under OMB Control
Numbers 1215-0149.)
(b) Each payroll submitted shall be accompanied by a "Statement of
Compliance, "signed by the contractor or subcontractor or his or her agent who
pays or supervises the payment of the persons employed under the contract and
shall certify the following:
(1) That the payroll for the payroll period contains the information required to be
maintained under CFR 5.5(a) (3) (i) above and that such information is correct and
complete;
(2) That each laborer and mechanic (including each helper, apprentice and
trainee) employed on the contract during the payroll period has been paid the
full weekly wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages earned,
other than permissible deductions as set forth in Regulations 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicable wage determination incorporated into the
contract.
(c) The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfy the requirement for
submission of the"Statement of Compliance" required by paragraph A.3.(ii)(b).
(d) The falsification of any of the above certifications may subject the contractor
or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and
Section 231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under
paragraph A.3.(i) available for inspection, copying or transcription by authorized
representatives of HUD or its designee, or the Department of Labor, and shall
permit such representatives to interview employees during working hours on the
job. If the contractor or subcontractor fails to submit the required records or to make
Page 37
themavailable, HUD or its designee may, after written notice to the contractor,
spon or, applicant or owner, take such action as may be necessary to cause
the uspension of any further payment, advance, or guarantee of funds.
Furth rmore, failure to submit the required records upon request or to make such
recurs available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Ar prentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the
predf termined rate for the work they performed when they are employed pursuant
to an I individually registered in a bona fide apprenticeship program registered
with Lhe U.S. Department of Labor, Employment and Training Administration,
Office of Apprenticeship Training, Employer and Labor Services or with a State
Apprenticeship Agency recognized by the Office, or if a person is employed in
his oi her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship Training, Employer
and Labor Services or a State Apprenticeship Agency (where appropriate) to
be el gible for probationary employment as an apprentice. The allowable ratio
of ap prentices, 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
undei the registered program. Any worker listed on a payroll at an apprentice
wage rate, who is not registered or otherwise employed as stated above, shall be
paid not less than the applicable wage rate on the wage determination for the
class' cation of work actually performed. In addition, any apprentice performing
work n 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 w)rk actually performed. Where a contractor is performing construction on a
proje in a locality other than that in which its program is registered, the ratios
and age rates (expressed in percentages of the journeyman's hourly rate)
speci ied in the contractor's or subcontractor's registered program shall be
obse ed. Every apprentice must be paid at not less than the rate specified in the
regist red program for the apprentice's level of progress, expressed as a
perce tage of the journeymen hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with the
provi ions of the apprenticeship program. If the apprenticeship program does
not s ecify fringe benefits, apprentices must be paid the full amount of fringe
benef is listed on the wage determination for the applicable classification. If the
Administrator determines that a different practice prevails for the applicable
appre itice classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship Training, Employer and
Labor Services, or a State Apprenticeship Agency recognized by the Office,
withdi aws approval of an apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable predetermined rate for
thework performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted
to wo k at less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has received
prior approval, evidenced by
Page 38
formal certification by the U.S. Department of Labor, Employment and
Training Administration. The ratio of trainees to journeymen on the job site shall
not be greater than permitted under the plan approved by the Employment and
Training Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee program
does not mention fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program associated
with the corresponding journeyman wage rate on the wage determination which
provides for less than full fringe benefits for apprentices. Any employee listed on
the payroll at a trainee rate who is not registered and participating in a training
plan approved by the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any trainee performing work
on the job site in excess of the ratio permitted under the registered program shall
be paid not less than the applicable wage rate on the wage determination for the
work actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is
approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees
and journeymen under 29 CFR Part 5 shall be in conformity with the equal
employment opportunity requirements of Executive Order 11246, as amended,
and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The contractor shall comply with the requirements of 29 CFR Part 3, which are
incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses contained in subparagraphs 1 through 11 of this
paragraph A and such other clauses as HUD or its designee may by
appropriate instructions require, and a copy of the applicable prevailing wage
decision, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier subcontractor with all the
contract clauses in this paragraph.
7. Contract termination: debarment. A breach of the contract clauses in 29 CFR
5.5 may be grounds for termination of the contract, and for debarment as a
contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements. All rulings
and interpretations of the Davis-Bacon and Related Acts contained in 29 GFR
Parts 1, 3, and 5 are herein incorporated by reference in this contract.
Page 39
9. Disputes Concerning Labor Standards. Disputes arising out of the labor
standards provisions of this contract shall not be subject to the general disputes
clausa of this contract. Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7.
DiSpL tes within the meaning of this clause include disputes between the contractor
(or a iy of its subcontractors) and HUD, the U.S. Department of Labor, or the
employees or their representatives.
10. (0 Certification of Eligibility. By entering into this contract, the contractor
certifi Bs that neither it (nor he or she) nor any person or firm who has an interest
in the contractor's firm is a person or firm ineligible to be awarded. Government
contri icts by virtue of section 3(a)
of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or
participate in HUD programs pursuant to 24 CF Part 24.
(ii) No part of this contract shall be subcontracted to any person or firm
inelig ble 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
partic pate in HUD programs pursuant to 24 CFR Part 24.
(iii) T e penalty for making false statements is prescribed in the U.S. Criminal
Code 18 U.S. Criminal 1001. Additionally, U.S. Criminal Code Section 1 01 0,
Title 18, U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18,
U.S. , "Federal Housing Administration transactions", provides in part: "Whoever,
for t ie purpose of ..... influencing in any way the action of such
Admi istration....makes, utters or publishes any statement knowing the same to
be fal e.....shall be fined not more than $5,000 or imprisoned not more than two
years or both."
11. omplaints, Proceedings. or Testimony by Employees. No laborer or
mech nic to whom the wage, salary, or other labor standards provision of this
Contr ct are applicable shall be discharged or in any other manner discrimination
again t by the Contractor or any subcontractor because such employee has filed
any mplaint or instituted or caused to be instituted any proceeding or has
testified or is about to testify in any proceeding under or relating to the labor
standards applicable under this Contract to his employer.
Page 40
WAGE RATES
"General Decision Number: TX20210007 01/01/2021
Superseded General Decision Number: TX20200007
State: Texas
Construction Types: Heavy and Highway
Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos,
Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays,
Kendall, Lampasas, McLennan, Medina, Robertson, Travis,
Williamson and Wilson Counties in Texas.
HEAVY (excluding tunnels and dams, not to be used for work
on Sewage or Water Treatment Plants or Lift / Pump Stations
in Bell, Coryell, McClennon and Williamson Counties) and
HIGHWAY Construction Projects
Note: Under Executive Order (EO) 13658, an hourly minimum
wage of $10.95 for calendar year 2021 applies to all
contracts subject to the Davis-Bacon Act for which the
contract is awarded (and any solicitation was issued) on or
after January 1, 2015.
If this contract is covered by the EO, the contractor must
pay all workers in any classification listed on this wage
determination at least $10.95 per hour (or the applicable
wage rate listed on this wage determination, if it is
higher) for all hours spent performing on the contract in
calendar year 2021. If this contract is covered by the EO
and a classification considered necessary for performance of
work on the contract does not appear on this wage
determination, the contractor must pay workers in that
classification at least the wage rate determined through the
conformance process set forth in 29 CFR 5.5 (a) (1) (ii) (or
the EO minimum wage rate, if it is higher than the conformed
wage rate) . The EO minimum wage rate will be adjusted
annually. Please note that this EO applies to the above-
mentioned types of contracts entered into by the federal
government that are subject to the Davis-Bacon Act itself,
but it does not apply to contracts subject only to the
Davis-Bacon Related Acts, including those set forth at 29
CFR 5.1 (a) (2) - (60) . Additional information on contractor
requirements and worker protections under the EO is
available at www.dol.gov/whd/govcontracts.
Page 41
Modification Number Publication Date
0 01/01/2021
* S TX2011-006 08/03/2011
Rates Fringes
CEME T MASON/CONCRETE
FINISHER (Paving and
Structures) . . . . . . . . . . . . . . . . . . . . . .$ 12.56
ELEC RICIAN. . . . . . . . . . . . . . . . . . . . . .$ 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
PAIN ER (Structures) . . . . . . . . . . . . .$ 18.34
POWE EQUIPMENT OPERATOR:
Agricultural Tractor. . . . . . . . $ 12. 69
Asphalt Distributor. . . . . . . . . $ 15.55
Asphalt Paving Machine. . . . . .$ 14.36
Boom Truck. . . . . . . . . . . . . . . . . .$ 18.36
Broom or Sweeper. . . . . . . . . . . . $ 11.04
Concrete Pavement
Finishing Machine. . . . . . . . . . .$ 15.48
Crane, Hydraulic 80 tons
or less. . . . . . . . . . . . . . . . . . . . .$ 18.36
Crane, Lattice Boom 80
tons or less. . . . . . . . . . . . . . . .$ 15.87
Crane, Lattice Boom over
80 tons. . . . . . . . . . . . . . . . . . . . .$ 19.38
Crawler Tractor. . . . . . . . . . . . .$ 15. 67
Directional Drilling
Locator. . . . . . . . . . . . . . . . . . . . .$ 11.67
Directional Drilling
Operator. . . . . . . . . . . . . . . . . . . .$ 17.24
Excavator 50, 000 lbs or
Less. . . . . . . . . . . . . . . . . . . . . . . .$ 12.88
Excavator over 50, 000 lbs. . .$ 17.71
Foundation Drill, Truck
Mounted. . . . . . . . . . . . . . . . . . . . .$ 16. 93
Page 42
Front End Loader, 3 CY or
Less. . . . . . . . . . . . . . . . . . . . . . . .$ 13.04
Front End Loader, Over 3 CY.$ 13.21
Loader/Backhoe. . . . . . . . . . . . . .$ 14. 12
Mechanic. . . . . . . . . . . . . . . . . . . .$ 17.10
Milling Machine. . . . . . . . . . . . .$ 14.18
Motor Grader, Fine Grade. . . .$ 18.51
Motor Grader, Rough. . . . . . . . .$ 14.63
Pavement Marking Machine. . . .$ 19.17
Reclaimer/Pulverizer. . . . . . . .$ 12.88
Roller, Asphalt. . . . . . . . . . . . .$ 12.78
Roller, Other. . . . . . . . . . . . . . .$ 10.50
Scraper. . . . . . . . . . . . . . . . . . . . .$ 12.27
Spreader Box. . . . . . . . . . . . . . . .$ 14.04
Trenching Machine, Heavy. . . .$ 18.48
Servicer. . . . . . . . . . . . . . . . . . . . . . . . .$ 14.51
Steel Worker
Reinforcing. . . . . . . . . . . . . . . . .$ 14.00
Structural. . . . . . . . . . . . . . . . . .$ 19.29
TRAFFIC SIGNAL INSTALLER
Traffic Signal/Light Pole
Worker. . . . . . . . . . . . . . . . . . . . . .$ 16.00
TRUCK DRIVER
Lowboy-Float. . . . . . . . . . . . . . . .$ 15. 66
Off Road Hauler. . . . . . . . . . . . .$ 11.88
Single Axle. . . . . . . . . . . . . . . . .$ 11.79
Single or Tandem Axle Dump
Truck. . . . . . . . . . . . . . . . . . . . . . .$ 11. 68
Tandem Axle Tractor w/Semi
Trailer. . . . . . . . . . . . . . . . . . . . .$ 12.81
WELDER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15.97
------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
------------------------------------------------------------
Note: Executive Order (EO) 13706, Establishing Paid Sick
Leave
for Federal Contractors applies to all contracts subject to
the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017.
Page 43
If this contract is covered by the EO, the contractor must
provide employees with 1 hour of paid sick leave for every
30 hours they work, up to 56 hours of paid sick leave each
year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has
other health-related needs, including preventive care; or
for reasons resulting from, or to assist a family member (or
person who is like family to the employee) who is a victim
of, domestic violence, sexual assault, or stalking.
Additional information on contractor requirements and worker
protections under the EO is available at
www. dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract
clauses
(29CFR 5.5 (a) (1) (ii) ) .
---- -------------------------------------------------------
The Dody of each wage determination lists the classification
and aage rates that have been found to be prevailing for the
cite l type (s) of construction in the area covered by the
wage determination. The classifications are listed in
alphibetical order of ""identifiers"" that indicate whether
the )articular rate is a union rate (current union
nego:iated rate for local) , a survey rate (weighted average
rateor a union average rate(weighted union average rate) .
Union Rate Identifiers
A four letter classification abbreviation identifier
enclosed in dotted lines beginning with characters other
than ""Su"" or ""UAVG"" denotes that the union
clas5ification and rate were prevailing for that
clas3ification in the survey.
Exam le:
PLUM 198-005 07/01/2014. PLUM is an abbreviation identifier
of tie union which prevailed in the survey for this
clasSification, which in this example would be Plumbers.
0198 indicates the local union number or district council
number where applicable, i.e. , Plumbers Local 0198. The next
numb r, 005 in the example, is an internal number used in
processing the wage determination. 07/01/2014 is the
effective date of the most current negotiated rate, which in
this example is July 1, 2014.
Page 44
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA)
governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate
that no one rate prevailed for this classification in the
survey and the published rate is derived by computing a
weighted average rate based on all the rates reported in the
survey for that classification. As this weighted average
rate includes all rates reported in the survey, it may
include both union and non-union rates. Example: SULA2012-
007 5/13/2014. SU indicates the rates are survey rates based
on a weighted average calculation of rates and are not
majority rates. LA indicates the State of Louisiana. 2012 is
the year of survey on which these classifications and rates
are based. The next number, 007 in the example, is an
internal number used in producing the wage determination.
5/13/2014 indicates the survey completion date for the
classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until
a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 1000 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 s rvey related matters, initial contact, including
requ sts for summaries of surveys, should be with the Wage
and iour Regional Office for the area in which the survey
was onducted because those Regional Offices have
resp nsibility for the Davis-Bacon survey program. If the
resp nse from this initial contact is not satisfactory, then
the process described in 2. )
and . ) should be followed.
With regard to any other matter not yet ripe for the formal
proc ss described here, initial contact should be with the
Bran--h 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. } f the answer to the question in 1. ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour
Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc. that the requestor considers relevant to the issue.
3. ) f the decision of the Administrator is not favorable,
an
inte ested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Write to:
Page 46
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4. ) All decisions by the Administrative Review Board are
final.
------------------------------------------------------------
END OF GENERAL DECISION
it
Page 47
FEDERAL REQUIREMENTS: FR-07
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS
(1) Overtime requirements. No contractor or subcontractor contracting for any part
of the, contract work which may require or involve the employment of laborers
or m Bchanics shall require or permit any such laborer or mechanic, in any
workweek in which he or she is employed on such work to work in excess of 40
hours in such workweek unless such laborer or mechanic receives compensation
ata rate not less than one and one-half times the basic rate of pay for all hours
work d in excess of forty hours in such workweek.
(2) Vi lation; Liability for Unpaid Wages; Liquidated Damages. In the event of any
violaton of the clause set forth in subparagraph (1) of this paragraph, the
contractor and any subcontractor responsible therefor shall be liable for the
unpai J wages. In addition, such contractor and subcontractor shall be liable to
the United States (in the case of work done under contract for the District of
Coluribia or a territory, to such District or to such territory), for liquidated
dama es. Such liquidated damages shall be computed with respect to each
indivi ual laborer or mechanic, including watchmen and guards, employed in
violati n 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
permi ed to work in excess of the standard workweek of 40 hours without payment
of the overtime wages required by the clause set forth in subparagraph (1) of this
parag raph.
(3) Wthholding for unpaid wages and liquidated damages. HUD or its designee
shall upon its own action or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,from any monies payable
on account of work performed by the contractor or subcontractor under any such
contract or any other Federal contract with the same prime contractor, or any
other Federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor, such
sums as may be determined to be necessary to satisfy any liabilities of such
contrE ctor or subcontractor for unpaid wages and liquidated damages as
provic ed in the clause set forth in paragraph (2) of this paragraph.
(4) St bcontractors. The contractor or subcontractor shall insert in any
subco tracts the clauses set forth in paragraphs (1) through (4) of this
paragraph and also a clause requiring the
subco itractor to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subco tractor with the clauses set forth in subparagraphs (1) through (4) of this
paragraph.
(5) H alth and Safety. No laborer or mechanic shall be required to work in
surroundings or under working conditions which are unsanitary, hazardous, or
dange-ous, to his/her health and safety as determined under construction safety
and health standards promulgated by the Secretary of Labor by regulation.
Page 48
The Contractor shall comply with all regulations issued by the Secretary of Labor
pursuant to Title 29 Part1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC
3701 et seq.
The Contractor shall include the provisions of this paragraph in every subcontract
so that such provisions will be binding on each subcontractor. The Contractor
shall take such action with
respect to any subcontract as the Secretary of Housing and Urban Development or
the Secretary.
Page 49
FEDERAL REQUIREMENTS: FR-08
RIGHTS TO INVENTIONS
All rights to inventions and materials generated under this contract are subject
to regulations issued by the Sponsor of the Federal grant under which this
contract is executed.
Page 50
FEDERAL REQUIREMENTS: FR-9
ACCESS TO RECORDS AND RECORD RETENTION
The Contractor shall maintain an acceptable cost accounting system. The Contractor
agrees to provide the Sponsor and the Comptroller General of the United States or any
of their duly authorized representative's access to any books, documents, papers, and
records of the contractor which are directly pertinent to the speck contract for the
purpose of making audit, examination, excerpts and transcriptions. The Contractor
agrees to maintain all books, records and reports required under this contract for a
period of not less than three years after final payment is made and all pending matters
are closed.
Page 51
FEDERAL REQUIREMENTS: FR-10
CLEAN AIR AND WATER POLLUTION CONTROL
Contractors and subcontractors agree:
a. That any facility to be used in the performance of the contract or subcontract or
to be iefit from the contract is not listed on the Environmental Protection Agency
(EPA i List of Violating Facilities;
b' To comply with all the requirements of Section 114 of the Clean Air Act, as
amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution
Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring,
entry, reports, and information, as well as all other requirements specified in
Section 114 and Section 308 of the Acts, respectively, and all other regulations
and guidelines issued thereunder;
c. That, as a condition for the award of this contract, the contractor or
subcontractor will notify the awarding official of the receipt of any communication
from the EPA indicating that a facility to be used for the performance of or benefit
from the contract is under consideration to be listed on the EPA List of Violating
Facilities;
d. To include or cause to be included in any construction contract or subcontract
which exceeds$ 100,000 the aforementioned criteria and requirements.
Page 52
FEDERAL REQUIREMENTS: FR-11
ENERGY CONSERVATION REQUIREMENTS
The contractor agrees to comply with mandatory standards and policies
relating to energy efficiency that are contained in the state energy conservation
plan issued in compliance with the Energy Policy and Conservation Act (Public
Law 94-163).
Page 53
FEDERAL REQUIREMENTS: FR-12
CERTIFICATION REGARDING DEBARMENT SUSPENSION INELIGIBILITY
AND VOLUNTARY EXCLUSION
The Contractor certifies, by acceptance of this contract, that neither it nor its
princi als is presently debarred, suspended, proposed for debarment, declared
inelig ble, or voluntarily excluded from participation in this transaction by any
Federal department or agency. It further agrees that it will include this clause
witho it modification in all lower tier transactions, solicitations, proposals,
contracts, and subcontracts.
Page 54
FEDERAL REQUIREMENTS: FR-18
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 appropriate and to the extent consistent with law, the non-Federal entity should, to the
greatest extent practicable under the award, provide a preference for the purchase, acquisition,
or use of go ds, products, or materials produced in the United States) including but not limited
to iron, aluminum, steel, cement, and other manufactured products). The requirements of this
section must be included in all subawards including all contracts and purchase order or products
under this award.
FEDERAL REQUIREMENTS: FR-15
PROCUREMENT OF RECOVERED MATERIALS
A non-Federal entity that is a state agency or agency of a political subdivision of the state and
its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act. The requirements of 6002 include procuring
only items designed in guidelines of the EPA at 40 CFR 247 that contain the highest percentage
of recovered materials practicable consistent with maintaining a satisfactory level of competition,
where the purchase price of the item exceeds $10,000 or the value of the quantity acquired
during the preceding fiscal year exceeded $10,000; procuring solid waste management services
in a manner that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA guidelines.
J
EXHIBIT F
Certificates of Insurance
Attached Behind This Page
Client#:98667 HALFASSO
DATE(MMIDDIY
ACORDTM CERTIFICATE OF LIABILITY INSURANCE YYY)
1/28/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:if the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER NAME;CT Carly Underwood
Greyling Ins.Brokerage/EPIC a NN Ext;770.670.5324 ac No):
3780 Mansell Road,Suite 370 E-MAIL cart underwoodre Iln
ADDRESS: y l�V9 y gcom•
Alpharetta,GA 30022 INSURE S)AFFORDING COVERAGE NAIC 0
INSURER A:National Union Fire Ins.Co. 19445
INSURED INSURER B:The Continental Insurance Company 35289
Halff Associates,Inc. INSURER C:New Hampshire Ins.Co. 23841
1201 N.Bowser Allied World Surplus Lines Ins 24319
Richardson,TX 75081 INSURER D: rP
INSURER E
INSURER F:
COVERAGES
-
COVERAGES CERTIFICATE NUMBER: 21-22 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTRR TYPE OF INSURANCE AODLSUB POLICY NUMBER MIOWLIDD EFF MIOWDCY EXP LIMITS
A X COMMERCIAL GENERAL LIABILITY GL5866923 D810112021 0810112022 EEpAAqCMMHpp��OEECCCUR��RENCE s2,000,000
CLAIMS-MADE �OCCUR PREMISESOE. ,T.. $500 1 Goo
MED EXP(Any one person) s26,000
PERSONAL&ADV INJURY s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s4,000,000
POLICY�ECT LOC PRODUCTS-COMP/OPAGG $4 OOG OGO
OTHER: $
A AUTOMOBILE LIABILITY CA5717893 8/01/2021 08/01/202 �°acccident)$ LE LIMIT 2,000,000
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED ONLY X NON-OWNED PROPERTY DAMAGE $
AUTOS AUTOS ONLY Per accident
B X UMBRELLA LIAB X OCCUR 7015026436 7/01/2021 0810112022 EACH OCCURRENCE $6,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $6,000,000
DED I X RETENTION$10,000 1 $
C WORKERS COMPENSATION WC014195843 0810112021 0810112022 X IER STATUTE oTH-
AND EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNERIEXECUTIVE YIN E.L.EACH ACCIDENT S1,000,000
OFFICERNEMBER EXCLUDED? -1 N I A
IMandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
D Professional Liab 03113813 D711212021 08101/202 Per Claim$1,000,000
incl.Pollution Aggregate$1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required)
City of Round Rock is named as an Additional Insured on the above referenced liability policies with the
exception of workers compensation&professional liability where required by written contract.
Should any of the above described policies be cancelled by the issuing insurer before the expiration date
thereof,we will endeavor to provide 30 days'written notice(except 10 days for nonpayment of premium)to
the Certificate Holder.
CERTIFICATE HOLDER CANCELLATION
Ci of Round Rock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
221 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS,
Round Rock,TX 78664-0000
AUTHORIZED REPRESENTATIVE
01988-2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD
#830978211M2832129 CUND1