R-2022-068 - 2/24/2022 RESOLUTION NO. R-2022-068
WHEREAS, the City of Round Rock desires to retain engineering services for the Chandler
BranchTribUtary 3 - Channel Improvements Project,and
WHEREAS, K Friese & Associates, Inc. has submitted a Contract for Engineering Services to
provide said set-vices, and
WHEREAS, the City Council desires to enter into said contract with K Friese & Associates,
Inc.,Now Therefore
BF, IT RESOLVED 13Y '['HE COUNCIL OFTHE crry OF RO1JN1) ROCK, TFXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract
for Engineering Services with K Friese & Associates, Inc, for the Chandler Branch Tributary 3 -
Channel Improvements Project, a copy of' said contract being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subJect matter
hereof were discussed, considered and formally acted upon, all Lis required by the Open Meetings Act,
Chapter 55 1, "I'cxas Government Code, as amended.
RESOLVED this 24th day of February, 2022.
CRAG0R
, MayoG
1'exas
City of onnd Atr
ATTEs,r:
ou
MEAGAN SPI KS, d"t I y lClerk
471 17.74777'-;486JA444-1WP8
EXHIBIT
1i A 11
,1ROUND ROCKTEXAS
CITY OF ROUND ROCK
CONTRACT FOR ENGINE RING SERVICES
FIRNI- K FRIES,E & ASSOCIATES, INC. ("Engineer")
ADDRESS: 1120 S. Capital of Texas Ifighway City'View 2, Suite 100, Austin, TX 78746
PROJECT: Chandleir Branch Tributairy 3 —Channel Ina movements
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CON'I'RAC'I-' I-'(.)R ENGINI"FRING SERVI(A"S ("Contract") is made and entered 111to oil
this the day of 2022 by and between the CITY 01_�' ROIJND ROCK, aTexas home-
rude 1111311iCip,11 corporation, whose offilces are located at 221 East Main Street, Round Rock, Texas
7866(4-5299, (hereinafter referred to as "City"), and Engineer, and SLICII Contract is 110r the purpose of
contracting for professional engineering set-vices,
RECITALS:
WHl_,',REAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) Under SLIbChapter A entitled
-Professional Services Procurement Act" provides for the proCLINI-nent by 1111.117icipalities o1 services of
professional engineers.- and
W1 IERFAS, City and Engineer desire to contract for SLIC11 professional engineering services; and
NN1Ht_`RE'AS, City desires to use American Rescue Plan funds flees and costs associated with the
Project;
WHEREAS, City shall comply with the requirements of 2 Cl`R Part 200 and any ether
applicable federal N(JUirenicrits related to the procurement and expenditure of fees and costs related to
the Pro.ject',
WHEREAS, City and Engincer wish to doUlrrient their agreement concerning the reqUirenients
and respective obligations ofthe parties;
Engineering Services Contract
0199.202206;4896-411(2-5293
NOW,TIIEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are here y incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herei i in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a pail of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled"City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Ex ibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that he 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 ity and Engineer of all Engineering Services. Should the review times or Engineering
Services take to ger 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) Tern . 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 belom 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 co is incurred after the date of termination shall not be eligible for reimbursement.
Engineer shall rotify 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 Nine Hundred Fifty-Three Thousand Seven Hundred Thirteen and 631100 Dollars
($953,713.63) 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 certil ied 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 accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made widiin thirty (30) days of the day on which the performance of services was complete, or
within thirty (30 1 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 nol made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
la e; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
tir iely payment with federal funds; or
C. T1 ere is a bona fide dispute between Engineer and a subcontractor or between a
su contractor and its supplier concerning supplies, materials, or equipment delivered or
th 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
purchase order,or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt o such invoice. Any non-disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A.,Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engi eer 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 De ignated Representative for purposes of this Contract is as follows:
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Federico Sanchez
Project Manager
3400 Sunrise Road
Round Rock, -rexas 7t 66"
Telephone Number (512') 218-6609
Fax NUniber(5 12) 25 5-69 11
Email Address: Isa I I ro Lill(I ra,)L (Qxg sjg)4 aV
City"s Designated Representative shall be authorized to act oil City's behalf wIth respect to this
Contract. City or (,'iLy*s Designated Representative shall render decisions in a timely manner pertaining
to dOCUrnents submitted by Engineer in order to avoid Unreasoilable delay in the orderly and sequential
progress of Engineering Services.
E'ngineer's Designated Representative for purposes of this Contract is as follows:
Ruth Haberman, CIFM
Prcject Manager
1120 S. Capital ot"Vexas, Highway CityView 2, Suite 100
Austin, IA 78746
Telephone NUTIlber (512) 338-1704
I`ax Number(5 12) 839-4844
Email Address rfi,,,tb r na
A RTI C L E 9
PROGIRESS EVALUATION
1.7tigincer shall, troni time to time; during the progress of the Engineering Set-vices, confer with
City at City's election. L.,.'Ingineer shall prepare and present Such inforniation as may be pertinent and
necessary. or as may be requested by C ity. in order for City to evaluate fiCatt.ircs of the Fri gi lice ri ng
Services. At the I-C(lUest of City or Engineer, conficrences shall be provided at Engineer's offIce, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also ilICILide evaluation ofthe Engineering Services.
Should City determine that the progress in Fngineering Set-vices does not satisfy the Work
Schedule, then City shall review the NA/ork Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Set-vices, ilICILiding but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of proJect Engineering Services
units by established time periods, and such diSCIOSLII'C shall be accompanied by statement of
actions taken or conternplated, 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 ty desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension ay be affected by City giving Engineer thirty (30) calendar days' verbal notification
followed by wri en 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. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating th s Contract.
If City st spends the Engineering Services, the contract period as determined in Article 3, and
the Work SchedL le, shall be extended for a time period equal to the suspension period.
City assn es no liability for Engineering Services performed or costs incurred prior to the date
authorized by Cily 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 betwee i the parties as provided in Article 13. Engineer shall not perform any proposed
additional work ior incur any additional costs prior to the execution, by both parties, of a written
Supplemental Co itract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer rela 'ng to additional work not directly associated with the performance of the Engineering
Services authoriz d in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article 11.
Engineer hall 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 a Iditions to the work and documents for the purposes of completing, using and
maintaining the I roject.
City sha I not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Engineer. However, City shall be permitted
to authorize the i ontractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the nstruments of Service appropriate to and for use in their execution of the Work.
Submission or d stribution of Instruments of Service to meet official regulatory requirements or for
similar purposes n connection with the Project is permitted. Any unauthorized use of the Instruments of
Service shall be t City's sole risk and without liability to Engineer and its Engineers.
Prior to ngineer 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 b 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 a ectronic files are provided by Engineer for the convenience of City, and use of them is
at City's sole ris L. In the case of any defects in electronic files or any discrepancies between them and
any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed
copies of documents conveyed by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers subsequent
to the completion of the Project. Any such change shall be sealed by the engineer making that change
and shall be appropriately marked to reflect what was changed or modified.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as requ red. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer hall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract wit out 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 u der this Contract.
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ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. if any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
perfonnance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty (30)days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, City shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
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Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above,then thea ount charged during the thirty-day notice period shall not exceed the amount charged
during the prece ing thirty(30)days.
If Engine,-r 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 usabl to City, the reasonable and necessary cost to City of employing another firm to
complete the En ineering 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 term nation of this Contract and payment of an amount in settlement as prescribed above
shall extinguish 11 rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is duet the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project i nd prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for ny additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Con pliance. Engineer shall comply with all applicable state, federal and local laws,
statutes, codes, rdinances, rules and regulations, and the orders and decrees of any court, or
administrative b dies 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 an I 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 y,but does not include an action made for ordinary business purposes.
(3) In accordance with 2274, Texas Government Code, a governmental entity may not enter
into a contract With a company with at least ten (10) full-time employees for value of at least One
Hundred Thousa d and No/100 Dollars ($100,000.00) unless the contract has a provision in the
contract verifying that it: (1) does not have a practice, policy, guidance, or directive that discriminates
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against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association. The signatory executing this Contract on
behalf of the Engineer verifies Engineer does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association, and it will not discriminate during the
term of this Contract against any firearm entity or firearm trade association.
(4) In accordance with 2274, Texas Government Code, a governmental entity may not enter
into a contract with a company with at least ten (10) full-time employees for a value of at least One
Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision in the
contract verifying that it: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of this Contract. The signatory executing this Contract on behalf of
Engineer verifies Engineer does not boycott energy companies, and it will not boycott energy
companies during the term of this Contract.
(5) This Project is being assisted by the United States of America. Engineer and City
acknowledge and agree that this is a federally assisted Project, and as such, shall comply with all such
requirements. Said requirements include, but are not limited to, compliance with 2 CFR 200 and the
Equal Opportunity Act and any other federal regulations, code provisions, orders and rules, including
but not limited to,the federal regulations set forth in Exhibit E, attached hereto and incorporated herein
by reference for all purposes.
(6) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales, Excise,and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold City harmless from all liability for damage to the extent that the
damage is caused by or results from an act of negligence, intentional tort, intellectual property
infringement, or failure to pay a subcontractor or supplier committed by Engineer, Engineer's agent, or
another entity over which Engineer exercises control. Engineer shall also save and hold City harmless
from any and all expenses, including but not limited to reasonable attorneys' fees which may be
incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City
to the extent resulting from such negligent activities by Engineer, its agents,or employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
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completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for F rofessional 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, othet than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the rigit to annul this Contract without liability or, in its discretion and at its sole election,to
deduct from the vontract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Fin ncial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officem, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirec , in the purchase or sale of any product, materials or equipment that will be
recommended or equired for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this C ntract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and
otherwise acceptable to City. Engineer shall also notify City,within twenty-four(24) hours of receipt, of
any notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engin r shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer hall 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
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receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non-
renewal in coverage, and such notice thereof shall be given to City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock,Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self-Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled"Certificates of Insurance."
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 Con ract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives al mutually convenient times. The City reserves the right to review all records it deems
relevant which a related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
City:
City of Round Rock
Attention City Manager
221 East Main Street
Round Rock,TX 78664
and to:
Stephan L. Sheets
City Atto ney
309 East Main Street
Round Re ck, TX 78664
Engineer
Ruth Hab rman, P.E., CFM
Project M inager
1120 S. Capital of Texas Highway CityView 2, Suite 100
Austin,TX 78746
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.
(S) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion,judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion,judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
15
ARTICLE 34
SIGNATORY WARRANTY
The unde signed signatory for Engineer hereby represents and warrants that the signatory is an
officer of the or anization for which he/she has executed this Contract and that he/she has full and
complete authori ly to enter into this Contract on behalf of the firm. The above-stated representations
and warranties a made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF,the City of Round Rock has caused this Contract to be signed in its
corporate name ly its duly authorized City Manager or Mayor, as has Engineer, signing by and through
its duly authoriz d 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 Morgan, Mayor Stephan L. Sheets, City Attorney
ATTEST:
By:
Meagan Spin cs,City Clerk
K FRIESE&AS350CIATES, INC.
By:
Signature of Principal
Printed Name:
16
LIST OF EXHIBITS ATTACHED
(1)Exhibit A City Services
(2) Exhibit B Engineering Services
(3)Exhibit C Work Schedule
(4)Exhibit D Fee Schedule
(S)Exhibit E Federal Requirements
(6)Exhibit F Certificates of Insurance
17
Chandler Branch Tributary 3 Channel Improvements
Exhibit A
Services to be Provided by the City
The City of R and Rock(City)will provide the following information and other assistance to
K Friese+Associates(ENGINEER)that the City deems appropriate and necessary.
1. Any readily available pertinent existing information relating to the services to be performed
by theENGINEER;the City will provide one copy of such information in a format chosen by
the City.
2. Clear direction and/or response to questions or requests made by the ENGINEER in the
course of the ENGINEER's performance of services.
3. Timely review of deliverables that have been properly completed and submitted by the
Engineer, and timely provision of comments, if any, to the ENGINEER resulting from said
reviews
Page 1 of 1
Chandler Branch Tributary 3 Channel Improvements
Exhibit B
Scope Of Engineering Services
PROJECT OBJECTIVE:
The objective of this City of Round Rock Chandler Branch Tributary 3 Channel Improvements
project (Project) is to prepare Plans, Specifications and Estimates (PS&E) and provide bid and
construction phase services for channel improvements. The Project includes construction of
approximately 4,000 linear feet(LF)of a vegetated channel,approximately 4,000 LF of a hike and
bike trail located within the channel banks,approximately 600 LF of storm sewer improvements,
improvement of two culvert crossings, and fill grading of an existing detention pond adjacent to
Eagles Nest Street. The approximate project limits are from Settlement Drive to Eagles Nest
Street.
PROJECT BACKGROUND:
The City proposes to alleviate local flooding in the neighborhood surrounding Chandler Branch
Tributary 3 and provide drainage conveyance to Chandler Branch Tributary 3 for proposed
development of several tracts of land west of Sunrise Road. The Project will include storm sewer
improvements and channel reconfiguration and realignment to increase capacity and convey
stormwater flow to the Upper Brushy Creek WCID (UBCWCID) Dam 14 reservoir. The definition
of this scope is primarily based on the 30% schematic plans prepared by Waeltz & Prete, Inc.
submitted to the City on July 22, 2014. The assumed typical section is a composite trapezoidal
channel with a total top width of approximately 75 to 90 feet and a depth of approximately four
feet. Waeltz & Prete, Inc. subsequently updated the drainage analysis in a report sealed
December 7, 2020,to reflect recent land use changes and to update hydrology using NOAA Atlas
14 rainfall data. The project area and specific project components are shown in Figure 1.
SCOPE OF SERVICES:
K Friese+Associates(ENGINEER), shall render the following professional services in connection
with the development of the Project:
1. DESIGN PHASE SERVICES
1.1. PROJECT MANAGEMENT AND COORDINATION
1.1.1. ENGINEER will perform routine communication with the City, manage
subconsultants,schedules,invoicing,progress reports, monitor QA/QC efforts and
other activities associated with managing the project for an estimated period of
12 months. ENGINEER will manage the project team and subconsultants to
control the scope and budget to meet the agreed upon schedule. It is anticipated
there may be changes to the assignment, schedule, budget, and scope. Any
changes will be communicated between the City of Round Rock and ENGINEER to
be mutually agreed upon before any adjustments are formally made to the
assignment, schedule, budget, and scope.
This task does not include Construction Phase Project Management.
Page 1 of 17
Chandler Branch Tributary 3 Channel Improvements
Exhibit B
Scope Of Engineering Services
1.1.2. ENGINEER will initiate the project with a kickoff meeting with City staff to establish
project procedures, goals, milestones, and design criteria guidelines. ENGINEER
will conduct up to a total of twelve (12) project meetings with City staff to discuss
work in progress, upcoming work, risks, design changes, and resolve potential
issues through the design phase of the project. It is assumed that these meetings
will be held as six online meetings and six in-person meetings that will last up to
one hour each.
1.1.3. ENGINEER will assist the City with preparing materials and conducting up to four
(4) stakeholder meetings with potential funding partners, including other
governmental entities and participating developers.The meetings are assumed to
be in-person at a venue selected and coordinated by the City.
1.1.4 ENGINEER will assist the City with preparing materials and conducting up to two
(2) public stakeholder meetings to engage and solicit input from impacted
business and property owners. The meetings are assumed to be in-person at a
venue selected and coordinated by the City.
Tfi SK DELIVERABLES
• Project schedule
• Progress reports
• Meeting agendas and notes(draft and final)
1.2. DATA COLLECTION AND DOCUMENT REVIEW
1.2.1 ENGINEER will review the available studies, models, utility information and as-
built documents provided during the scoping process and identify any gaps in
information and submit a written request to the City or other entities to obtain
additional information, as available.
1.2.2 ENGINEER will request and obtain available FEMA effective models, LOMRs and
latest available models from the project study area.
1.3. ENVIRONMENTAL SUPPORT SERVICES
This project is federally funded through the American Recovery Program (ARP). After
researching the funding source, it has been determined that NEPA does not apply to
Treas ry's administration of the Funds. This proposal assumes that is the case and does
not ini Iucle a NEPA Environmental Assessment. Refer to the attached proposal from Raba
Kistne , Inc. for additional details on Environmental Support Services. Tasks that will be
performed initially include:
Page 2 of 17
Chandler Branch Tributary 3 Channel Improvements
Exhibit B
Scope Of Engineering Services
1.3.1. Phase I Environmental Site Assessment to include review of existing data and
records, site reconnaissance, interviews, findings evaluation and report
preparation.
1.3.2. Waters of the U.S. Delineation will delineate the boundaries, including special
aquatic sites (e.g., wetlands), and collect a minimum of two representative
wetland sample data points. If no surface water features are identified, two
Wetland Determination Data Forms will be completed to document negative
findings. Any identified stream/wetland boundaries will be staked. A Waters of
the U.S. (WOUS) Delineation Report will be prepared, along with a permitting
strategy memo for CLIENT to identify Clean Water Act permitting compliance
options.
1.3.3. Protected Species Habitat Evaluation includes an assessment of habitat for rare,
threatened, and endangered species and U.S. Fish & Wildlife designated critical
habitat through a desktop study and field visits.The vegetation of the project area
will be characterized, as will the ecological setting in accordance with TPWD map
publications. A Protected Species Habitat Evaluation Report will be prepared.
1.3.4. Archaeological Desktop Study will consist of a comprehensive desktop review of
records that pertain to the proposed project area resulting in the production of a
letter report.
1.3.5. USACE Section 404 Nationwide Permit (NWP), if applicable, will result in a Pre-
Construction Notice (PCN) and permit application for the appropriate NWP in
accordance with the USACE Fort Worth District's application process.This task is
currently included in the fee and should it not be required the budget will be
moved to contingency.
1.3.6. Intensive Archeological Investigations and Historic Resources Survey,if applicable,
will include a constraints analysis, as well as a pedestrian survey with shovel
testing and trenching excavations. If required by the agencies, a Secretary of the
Interior-qualified historian with experience in historic resource documentation
will visit the Project Area and document all resources that are 45-years old or older
(1970 or older). Following the completion of the field investigations, a technical
report of findings will be prepared for submittal to the Texas Historical
Commission (THC). Any diagnostic artifacts collected during field investigations
will be submitted for final curation to the Center for Archaeological Research at
the University of Texas at San Antonio for curation.This task is currently included
in the fee and should it not be required the budget will be moved to contingency.
Depending on the findings of the four initial tasks, the following task may be required. This
task is not currently included in the fee and would be paid for from contingency if required.
Page 3 of 17
Chandler Branch Tributary 3 Channel Improvements
Exhibit B
Scope Of Engineering Services
1.3.7. USACE Individual Permit (IP) Application, if applicable, will include a Stream
Condition Assessment, an IP application,a Tier 11 401 Water Quality Certification,
and a Compensatory Mitigation Plan.This task is currently not included in the fee
and should it be required the budget is assumed to be paid from funds reserved
within the contingency budget.
TASK DELIVERABLES
• Phase 1 Environmental Site Assessment(ESA-1)
• Waters of the U.S. (WOOS) Delineation Report
• Protected Species Habitat Evaluation Report
• Cultural Resources Letter Report
• USACE Section 404 Nationwide Permit(NWP)Application and Pre-Construction
Notice (PCN) (if applicable)
• Archeological Investigation and Historical Resources Survey Report(if applicable)
• USACE Individual Permit Application (if applicable)
1.4. FIELD SURVEY
1.4.1 ENGINEER will conduct up two site visits for the purposes of collecting field data,
confirming hydrologic, hydraulic, and geomorphic watershed parameters,
drainage features, and evaluating the 30% schematic design against site
conditions. ENGINEER will document site visits with field reports and organized
photos.
1.4.2 ENGINEER will provide field survey services, including survey control, edges of
pavement, back of curbs, driveways, visible utilities, drainage culverts, fence
structures, centerline of roads and striping, trees 6" and up, any other hard
surfaced improvements within the defined area, grade breaks, flowlines of
watercourses, and other significant features relevant to the project (MH inverts,
if any) SUE designated utility lines, up to 10 geotechnical boreholes, and OHWM
stakes within the project limits. Refer to the attached proposal from Inland
Geodetics, LLC for additional details on Professional Land Surveying Services.
TASK DELIVERABLES
• AutoCAD 3D file with break-lines and associated XML file
• DTM file processed to 1-foot contours
• Point data in ASCII format
• List of benchmarks and project control coordinates
Page 4 of 17
Chandler Branch Tributary 3 Channel Improvements
Exhibit B
Scope Of Engineering Services
1.5. SUBSURFACE UTILITY ENGINEERING (SUE)SERVICES
1.5.1. ENGINEER shall perform Subsurface Utility Engineering (SUE) services for the
project following ASCE publication, "Standard Guidelines for the Collection and
Depiction of Existing Subsurface Utility Data", and will provide Quality Level (QL)
D, QL C, QL B, and up to 8 QL A test holes.
1.5.2. ENGINEER will perform Utility Coordination services by developing a Utility
Conflict Matrix and coordinating utility relocations with dry utility owners.
ENGINEER will participate in up to three(3)utility coordination meetings. Refer to
the attached proposal from The Rios Group, Inc.for additional details on SUE and
Utility Coordination Services.
TASK DELIVERABLES
• CAD file depicting all designated and located utilities.
• Summary sheet of all test hole coordinate data and depth information.
• Test Hole Data Forms for all test hole locations completed,signed,and sealed by
a Professional Engineer
• SUE Plan Sheets depicting all designated and located utilities,signed, and sealed
by a Professional Engineer
• Existing utility contact list
• Utility Conflict Matrix
• Meeting minutes for utility coordination meetings
1.6. GEOTECHNICAL SERVICES
1.6.1. ENGINEER shall collect soil samples in 9 bore locations in the project area.All field
sampling and laboratory tests will be performed according to typical geotechnical
standards.
1.6.2. Laboratory testing will include moisture content tests,Atterberg Limits(plasticity)
tests, unconfined compression tests, and grain size analyses.
1.6.3. ENGINEER shall provide a Geotechnical Engineering Report (GER). The GER shall
provide general site conditions,design recommendations,global stability analysis,
and general construction recommendations. Refer to the attached proposal from
Raba Kistner, Inc.for additional details on Geotechnical Services.
TASK DELIVERABLES
• Geotechnical Engineering Report
Page 5 of 17
Chandler Branch Tributary 3 Channel Improvements
Exhibit B
Scope Of Engineering Services
1.7. DRAINAGE IMPACT ANALYSIS
1.7.1. Pre-Project Conditions Hydrologic Model - ENGINEER will prepare an updated
hydrologic model for the project area using the HEC-HMS program.The following
additions or considerations will be made for the hydrologic analysis:
■ The HEC-HMS model will be based on the FEMA effective model.
■ The model will be updated to reflect the most current land use and site
conditions.
■ Precipitation depths and intensities utilized in the analysis will rely on NOAA
Atlas 14 data and City adopted rainfall tables.
■ Flow rates will be determined from the hydrologic model for the Existing and
Fully Developed 2-, 10-, 25-, 100-, and 500-year design frequency storm
events.
1.7.2 Pre-Project Conditions Hydraulic Model — ENGINEER will prepare an updated
hydraulic model for the project area using HEC-RAS 6.0.The following additions or
considerations will be made for the hydrologic analysis:
■ The HEC-RAS model will be based on the FEMA effective model.
■ The model will be updated to reflect the most current terrain and site
conditions.
■ Hydraulic run simulations will be created for the Existing and Fully Developed
Conditions for the 2-, 10-, 25-, 100-, and 500-year design frequency storm
events.
■ Floodplain mapping exhibits for the Existing and Fully Developed Conditions
will be prepared for the 25-and 100-year frequency storm events.
■ A comparison will be made against the FEMA effective floodplain limits and
any significant discrepancies in the results will be documented.
1.7.3 Post-Project Conditions Hydrologic and Hydraulic Analysis — ENGINEER will
provide design level analysis of drainage improvements for the project area and
provide a hydrologic assessment of drainage impacts associated with the project.
This analysis will take into consideration the City's desire to provide stormwater
conveyance to Chandler Branch Tributary 3 from specific undeveloped tracts to be
identified by the City. Tracts identified in the 30% design are shown on Figure 1
and will be verified prior to beginning the analysis.
• Post-Project Conditions Hydrologic Model —The HMS model will be based
on the Pre-Project Conditions task and will include updates to reflect the
post-project conditions associated with the planned project improvements.
Page 6 of 17
Chandler Branch Tributary 3 Channel Improvements
Exhibit B
Scope Of Engineering Services
• Post-Project Conditions Hydraulic Model—The RAS model will be based on
the Pre-Project Conditions task and the general alignment and sections
presented in the Dec 2020 30% design. Minor variations are expected from
the 30% design results which are anticipated to be attributed to updated
survey terrain data, updated hydrologic data, and refinements to the
hydraulic model.
1.7.4. Drainage Impact Report — ENGINEER will prepare and submit a report outlining
the approaches taken in the analytic process, listing assumptions made and
variations from models created in the Pre-Project Conditions Hydrologic and
Hydraulic Modeling tasks. This report will additionally serve to detail pre-project
to post-project hydrologic and hydraulic conditions.
■ The report will compare pre- and post-project flood inundation results. The
results will be checked for potential adverse impacts caused by the project
improvements. Impacts will be itemized for all locations downstream of the
project area.
■ The report will evaluate and provide recommendations for potential cost
savings and reduced environmental impacts from the 30%schematic design.
■ If additional infrastructure is determined to be required to reduce hydrologic
or hydraulic impacts caused by the proposed project improvements additional
scope and fee may be required.
TASK DELIVERABLES
• Drainage Impact Report(draft and final)
• HEC-HMS and HEC-RAS models
1.8. DRAINAGE DESIGN
1.8.1. Chandler Branch Tributary 3 Channel Design
ENGINEER will design channel improvements consisting of approximately 4,000
linearfeet(LF)of a vegetated channel. The design will aim to optimize the channel
alignment geometry, and section dimensions to reduce overall land acquisition
needs, project costs,environmental impacts,and to improve constructability.
1.8.2. Culvert Improvement Design
ENGINEER will design culvert improvements at Indian Meadows Drive and the
Private Crossing of Chandler Branch Tributary 3. Culvert design criteria for these
semi-private drives will be coordinated with the City.
Page 7 of 17
Chandler Branch Tributary 3 Channel Improvements
Exhibit B
Scope Of Engineering Services
1.8.3. Eagle Ridge Detention Pond Modification Design
ENGINEER will design detention pond modifications to include filling in the existing
Eagle Ridge detention pond with channel excavation materials, removing the
existing outfall and spillway structure, and adding approximately 400 LF of
vegetated channel to convey previously detained flow to Chandler Branch
Tributary 3.
1.9. TRAIL DESIGN
ENGINEER will design a 10-foot-wide concrete pavement hike and bike trail for a length of
approximately 4,000 LF from Settlement Drive to Eagles Nest Street.The trail design will be
coordina ed with the Parks and Recreation Department, and includes the following
assumptions:
■ The trail alignment will generally be centered within the benched section of the channel
with ;ome meandering. The trail is understood to begin at the upstream side of
Settle ent Drive and will connect directly into the existing sidewalk at street level. The
trail ill cross Indian Meadows Drive at street level and will terminate at the downstream
side of Eagles Nest Street at street level connecting into the existing sidewalk.
■ No street improvements are assumed as part of this scope of work at Indian Meadows
Drive and Eagles Nest Drive.
■ Standard elevated sidewalk structures or cross culverts are assumed for locations where
the tr it crosses any receiving smaller tributaries.
■ Basic andscape plantings are assumed for the design which will include standard native
grass 'nixes. No trees, shrubs or other ornamental plantings are included in this scope of
work.
■ No wz yfinding signage, trail heads, lighting or irrigation design are included in this scope
of wok and may be provided as an additional service.
1.10. STORM SEWER IMPROVEMENTS DESIGN—TRACKED SEPARATELY
1.10.1.Storm Sewer Improvements Design
ENGINEER will design proposed box culverts across Eagles Nest Street
immediately west of Sunrise Road and across Sunrise Road just north of Eagles
Nest Street to provide stormwater conveyance to Chandler Branch Tributary 3
from undeveloped tracts as identified by the City.
1.10.2 Storm Sewer Relocation PS&E Development
ENGINEER will prepare a set of storm sewer improvements construction
documents, including storm sewer hydraulic calculations, plans, profiles, details,
and cost estimates. The design phase will have 3 major submittal milestones
Page 8 of 17
Chandler Branch Tributary 3 Channel Improvements
Exhibit B
Scope Of Engineering Services
including 60%, 90%and 100% deliverable packages. Responses to comments will
be provided with the 90%and 100%deliverable packages.
TASK DELIVERABLES
• 60%Storm Sewer Improvements PS&E Package
• 90%Storm Sewer Improvements PS&E Package
• 100%Storm Sewer Improvements PS&E Package—signed and sealed
1.11. UTILITY RELOCATION DESIGN—TRACKED SEPARATELY
1.11.1.Waterline Relocation Design
ENGINEER will design waterline relocations as required to accommodate the
proposed drainage design. Assumed sizes,based on available information,consist
of a 12" water main along Settlement Drive, an 8" water main along Eagles Nest
Drive,and a 20"water main along Sunrise Road could potentially conflict with the
proposed improvements, requiring adjustments.
1.11.2.Wastewater Line Relocation Design
ENGINEER will design wastewater line relocations as required to accommodate
the proposed drainage design. A 27"WW gravity main along Settlement Drive,an
18" WW gravity main through the Limmer property, and a 10" WW Gravity main
south of Eagles Nest Street could potentially conflict with the proposed
improvements, requiring adjustments.
1.11.3.Water and Wastewater Line Relocation PS&E Development
ENGINEER will prepare a set of water and wastewater line relocation construction
documents,including water and wastewater line relocation plans,profiles,details,
and cost estimates. The design phase will have 3 major submittal milestones
including 60%, 90%and 100%deliverable packages. Responses to comments will
be provided with the 90%and 100%deliverable packages.
TASK DELIVERABLES
• 60%Water and Wastewater Relocation PS&E Package
90%Water and Wastewater Relocation PS&E Package
• 100%Water and Wastewater Relocation PS&E Package—signed and sealed
1.12. PLANS,SPECIFICATIONS AND ESTIMATES DEVELOPMENT
ENGINEER will prepare a full set of construction documents for Drainage and Trail Design.
Refer to Tasks 1.10 and 1.11 for Storm Sewer Improvements and Utility Relocation Design
and PS&E Development respectively.The design phase will have 3 major submittal milestones
Page 9 of 17
Chandler Branch Tributary 3 Channel Improvements
Exhibit B
Scope Of Engineering Services
including 60%,90%and 100%deliverable packages. Responses to comments will be provided
with the 0%and 100%deliverable packages.The deliverable packages will include:
1.12.1. 60% Deliverable will include the following:
■ General notes, details, quantity summary sheets
■ ROW and easement maps
■ Demolition plans
■ Drainage area maps
■ Typical channel sections, channel alignment plan and profiles
■ Trail alignment and connection details
■ Culvert plans and profiles
■ Detention pond plans and profiles
■ SW3P narrative,erosion control plan sheets
■ Detail sheets
■ Engineer's Estimate of Probable Construction Costs
1.12.2. ENGINEER will review and address 60%design comments from the City.
1.12.3.90%design will include all components of the 60%design and will add the
following:
■ Project control layout
■ Traffic control plan
■ Additional details
1.12.4. ENGINEER will review and address 90%design comments from the City.
1.12.5. 100%design will include all components of the 90%design.
■ Plan sheets will be provided as a signed and sealed construction document
plan set to be issued for bidding.
1.12.6 ENGINEER will review and address 100%design comments from the City.
TASK DELIVERABLES
■ 60%PSM Package
• 90%PSM Package
• 100%PS&E Package—signed and sealed
Page 10 of 17
Chandler Branch Tributary 3 Channel Improvements
Exhibit B
Scope Of Engineering Services
1.13. TCEQ EAPP PERMITTING
The project includes Texas Commission on Environmental Quality (TCEQ) regulated activity
within the Edwards Aquifer Recharge Zone, requiring a Geologic Assessment (GA) Report,
Water Pollution Abatement Plan (WPAP), and an Organized Sewage Collection System (SCS)
Plan.
1.13.1. ENGINEER will develop a GA Report in the format specified by the TCEQ. Refer to
the attached proposal from Raba Kistner, Inc. for additional details on the
Geologic Assessment.
1.13.2. ENGINEER will prepare and submit a WPAP for review and approval.
1.13.3. ENGINEER will prepare and submit an SCS for review and approval.
1.13.4. ENGINEER will address TCEQ comments from the WPAP and SCS review(up to 3
reviews each).
TASK DELIVERABLES
• GA Report
• WPAP Application
• SCS Application
1.14. FEMA CLOMR APPLICATION
ENGINEER will prepare a Conditional Letter of Map Revision Application for submittal to
FEMA. The proposed improvements are located within the Federal Emergency
Management Agency (FEMA) Zone AE regulatory floodplain. The project is assumed to
provide an overall reduction of the FEMA regulatory floodplain through the project limits.
1.14.1. ENGINEER will create the "pre-project" and "post-project" hydraulic model
results including:
■ Water surface profile plots
■ Cross section plots
■ Floodplain Delineation
■ HEC-RAS results
1.14.2. ENGINEER will complete FEMA MT-2 forms for inclusion in the submittal
including the CLOMR review fee. ENGINEER will prepare four copies of the
complete CLOMR application report to the City for signatures and submittal to
FEMA. The report will explain methodologies, results and contain appropriate
charts,graphs, plots, exhibits and printouts to describe the study.
Page 11 of 17
Chandler Branch Tributary 3 Channel Improvements
Exhibit B
Scope Of Engineering Services
1.14 3. ENGINEER will provide necessary coordination with FEMA to provide technical
information in support of the report. ENGINEER will address FEMA comments
from the CLOMR review(up to 3 reviews).
TASK DELIVERABLES
• CLOMR Application
1.15. EASEMENT PREPARATION
1.15J. ENGINEER will prepare easement documents for up to twelve (12) permanent
easements and two (2) temporary easements. Documents will include survey
plats and metes and bounds descriptions for each easement area. Refer to the
attached proposal from Inland Geodetics, LLC for additional details on
Professional Land Surveying Services.
W SK DELIVERABLES
• Survey plats
• Metes and bounds descriptions
2. BID PHASE SERVICES
2.1. PRE-BID
ENGIP EER will assist the City in conducting a pre-bid meeting and developing the agenda.
ENGI EER will coordinate with the City for issuing responses to technical questions and
reque is for additional information from potential bidders, and prepare addenda
required to clarify,correct,or change the bid documents. ENGINEER will provide Bid Form
and q antities referencing City standard specifications or special specifications(including
speci I provisions). Addenda will be provided in a PDF format and sealed by the
responsible engineer(s). Addenda will be issued to bidders through the City's Purchasing
Department.
TASK DELIVERABLES
• Bid Forms
• Bid Document Addenda
2.2. BIDEVALUATION
ENGIN EER will assist the City in the opening of bids, review of all bids, and evaluate them
for responsiveness and bid amount. ENGINEER will also check references, by telephone,
of the low bidder and second low bidder, if requested. ENGINEER will prepare a letter
sumrn rizing the review and evaluation and include recommendations for award of the
contract for construction, or other actions as may be appropriate.The City will make the
final decision on the award of the contract for construction and acceptance or rejection
Page 12 of 17
Chandler Branch Tributary 3 Channel Improvements
Exhibit B
Scope Of Engineering Services
of all bids. ENGINEER will incorporate all addenda items in the Construction Plans and
Project Manual and issue a "Conformed"set of plans for construction.
TASK DELIVERABLES
• Bid summary letter with recommendations for award
• "Conformed" set of Construction Plans
3. CONSTRUCTION PHASE SERVICES
3.1. PROJECT MANAGEMENT AND COORDINATION
ENGINEER will provide project management services including routine communication
with the City, review of project budgets and schedules, invoicing and other activities
associated with managing the construction phase of the project.
3.2. CONSTRUCTION MANAGEMENT
3.2.1. Attend Pre-Construction Conference meeting prior to commencement of work.
3.2.2. ENGINEER will prepare a submittal log and perform submittal reviews to approve
or take other appropriate action with respect to Shop Drawings and Samples and
other data which the Contractor is required to submit, but only for conformance
with the information given in the Contract Documents.Such review and approval
or other actions will not extend to means, methods, techniques, equipment
choices and usage, sequences, schedules, or procedures of construction or to
related safety precautions and programs. Scope and budget assume a minimum
of 25 submittals.
3.2.3. Respond to Request for Information/Modifications (RFIs) as reasonable and
appropriate to issue necessary clarifications and interpretations of the Contract
Documents to the City for the orderly completion of the Contractor's work. Ten
RFI's have been assumed,accounting for three of those ten being more significant
revisions through the RFI process.
3.2.4. Provide on-site construction observation services during the construction phase.
ENGINEER will make visits at intervals as directed by the City in order to observe
the progress of the Work. Such visits and observations by ENGINEER are not
intended to be exhaustive or to extend to every aspect of the Contractor's work
in progress. Observations are limited to spot checking, selective measurement,
and similar methods of general observation of the Work based on ENGINEER's
exercise of professional judgement. Based on information obtained during such
visits and such observations, ENGINEER will evaluate whether the Contractor's
work is generally proceeding in accordance with the Contract Documents, and
ENGINEER will keep the City informed of the general progress of the Work.
Page 13 of 17
Chandler Branch Tributary 3 Channel Improvements
Exhibit B
Scope Of Engineering Services
The purpose of ENGINEER's site visits will be to enable ENGINEER to better carry
out the duties and responsibilities specifically assigned to this Agreement to
ENGINEER and to provide City with a greater degree of confidence that the
completed Work will conform in general to the Contract Documents. ENGINEER
will not,during such visits or as a result of such observations of Contractor's work
in progress, supervise, direct, or have control over Contractor's work, nor will
ENGINEER have authority over or responsibility for the means, methods,
techniques, equipment choice and usage,sequences, schedules, or procedures of
construction selected by Contractor,for safety precautions and programs incident
to Contractor's work, nor for any failure of Contractor to comply with laws and
regulations applicable to Contractor's furnishing and performing the Work.
Accordingly, ENGINEER neither guarantees the performance of any Contractor's
nor assumes responsibility for any Contractor's failure to furnish and perform its
work in accordance with the Contract Documents.
Two site visits per month for a duration of eight months followed by one site visit
per month for a duration of four months are assumed for a total of up to 20 visits.
3.2.5 Review of Pay Applications based on ENGINEER's observations and on review of
applications for payment and according supporting documentation. ENGINEER
will determine the amounts that ENGINEER recommends Contractor to be paid.
Such recommendations of payment will be in writing and will constitute
ENGINEER's representation to City, based on such observations and review,that,
to the best of ENGINEER's knowledge, information and belief, Contractor's work
has progressed to the point indicated and that such work-in-progress is generally
in accordance with the Contract Documents subject to any qualifications stated in
the recommendation. In the case of unit price work, ENGINEER's
recommendations of payment will include determinations of quantities and
classifications of Contractor's work, based on observations and measurements of
quantities provided with pay requests. Review of twelve Pay Applications have
been assumed.
3.2.6 Perform a Substantial Completion site visit, in company with City and Contractor,
promptly after notice from the Contractor that Work is ready for its intended use.
ENGINEER will prepare a punch list. One site visit is assumed.
3.2.7 Issue a Final Notice of Acceptability of the Work once ENGINEER has conducted a
final site visit to determine if the completed Work of the Contractor is generally in
accordance with the Contract Documents and the final punch list so that
ENGINEER may recommend, in writing, final payment to the Contractor.
Accompanying the recommendation for final payment, ENGINEER will also
provide a notice that the Work is generally in accordance with the Contract
Page 14 of 17
Chandler Branch Tributary 3 Channel Improvements
Exhibit B
Scope Of Engineering Services
Documents to the best of ENGINEER's knowledge, information, and belief based
on the extent of ENGINEER'S services and based upon information provided to
ENGINEER upon which it is entitled to rely.Two site visits are assumed.
TASK DELIVERABLES
• Submittal log
3.3. MATERIALS TESTING
ENGINEER will provide third party onsite and laboratory geotechnical testing.
Observation and testing of the following construction materials will include the following:
■ Soils laboratory testing, in-place field nuclear density testing
• Reinforcing steel observations
■ Concrete compressive strength specimen sampling,testing, and reporting
■ Asphalt aggregate sampling and observation.
An allowance has been estimated to cover the costs associated with these services
through the duration of construction for this project.
3.4. RECORD DRAWINGS
ENGINEER will review the Contractor's redlines as-built drawings and incorporate
deviations from the construction drawings as appropriate. Record drawing information
will be based solely on the provided mark-up drawings and appropriate field
documentation received from the City. ENGINEER will deliver one electronic pdf copy to
the City for review. After review and concurrence, ENGINEER will finalize and submit one
electronic pdf copy and one CAD copy for the City's records.
TASK DELIVERABLES
• Draft Record drawings (PDF)
• Final Record Drawings(PDF and CAD)
4. POST CONSTRUCTION
4.1. FLOODPLAIN AS-BUILT SURVEY
ENGINEER will provide professional land surveying service to prepare an as-built survey
of the channel and culvert improvements for the FEMA LOMB application. Refer to the
attached proposal from Inland Geodetics, LLC for additional details on Professional Land
Surveying Services.
TASK DELIVERABLES
• AutoCAD 3D file with break-lines and associated XML file
Page 15 of 17
Chandler Branch Tributary 3 Channel Improvements
Exhibit B
Scope Of Engineering Services
• DTM file processed to 1-foot contours
• Point data in ASCII format
• List of benchmarks and project control coordinates
4.2. FEMA LOMR SUBMITTAL
ENGINEER will prepare a Letter of Map Revision Application for submittal to FEMA. The
proposed improvements are located within the Federal Emergency Management Agency
(FEM ) Zone AE regulatory floodplain. The project is assumed to provide an overall
reduc ion of the FEMA regulatory floodplain through the project limits. ENGINEER will
prepare and submit a LOMB application for remapping of the floodplain following the
comp etion of construction.
4.2.1. Based on the previously completed tasks, ENGINEER will create the "pre-project"
and "post-project" hydraulic model results including:
■ Water surface profile plots
■ Cross section plots
■ Floodplain Delineation
■ HEC-RAS results
4.2.2 ENGINEER will complete FEMA MT-2 forms for inclusion in the submittal including
the LOMR review fee. ENGINEER will prepare four copies of the complete LOMR
application report to the City for signatures and submittal to FEMA.The report will
explain methodologies, results and contain appropriate charts, graphs, plots,
exhibits and printouts to describe the study.
4.2.3 ENGINEER will provide necessary coordination with FEMA and the Community to
provide technical information in support of the report. ENGINEER will address
FEMA comments from the LOMR review (up to 3 reviews).
4.2.4 ENGINEER will provide individual notification of impacted property owners as
required by FEMA to the City for distribution.
TASK DELIVERABLES
• LOMR Application
• Individual Notification Letters
Page 16 of 17
Chandler Branch Tributary 3 Channel Improvements
Exhibit B
Scope Of Engineering Services
CONTINGENCY FOR ADDITIONAL SERVICES
A contingency budget for professional services is included in this proposal to cover
unforeseen expenses related to, but not limited to, potential design
modifications/additions, structural analysis and design, and permitting fees. No amount
of this budget will be spent without explicit written documentation and authorization
from the City.
ADDITIONAL SERVICES:
This scope of services does not include the following:
■ Resident project engineer services for the construction of the project
■ Tree mitigation
■ Water quality treatment facility design
■ NEPA compliant environmental documentation or permitting
■ Forensic structural analysis of existing structures and utilities
■ Field layouts or furnishing of construction lines and grades
■ Breaking out the project components into different submittal and construction packages
beyond what is outlined in this scope
■ Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications
■ Appearing before regulatory agencies or courts as an expert witness in any litigation with
third parties or condemnation proceedings arising from the development or construction of
the Project, including the preparing of engineering data and reports for assistance to the City
■ Providing professional services associated with the discovery of any hazardous waste or
materials in the project site
■ Performing extensive, non-routine investigations, studies and analyses of work proposed by
construction contractors to correct defective work
Page 17 of 17
.ID Talk Name 'L',�rat o., Start F�n;sh _... red°c•�s1or; ',;,�� _ =-S.. _1;25
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3 DESIGN PHASE PROJECT MANAGEMENT 415 days Mon 2114/22 Fri 9%15/23 1
RIGHT OF ENTRY(Hy the City) 4 was Mon 2114122 Fri 3/11/22 1
DAT(..COLLECTION AND REVIEW 2 syas Mon 2114(`22 Fri 2/2512-2,
y_.. ENVIRONMENTAL -__ ..--_.. 415 days Mon 2/28/22 Fri 9/29123 —t
Phase l Fnv+ron ental Site 45 days tv on 2/28/22 Fri 4/29/22 1F5-2 wks
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-- _` FIELD SURVEY 60 days Mon 3/14/22 Fri 6/3/22
16 Topographic Survey 7 wks Mon 3/14/22 Fri 4/29/22 4
7 SUE tel"8"Data Survey wks Mon 3,/281112 Fri 41x8/22 22
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_ QL"It"Deliverable Prep 10 mays Men 4111/22 Fri 4/22/22 _,
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GEOTECHNICAL 40 days Mon 3/14122 Fri 5/6/22 i
>9 Bore Drilling 2 irks Mon.3/14/22 Fri 3(25/22 4
Engineering Report !-non Mon 4, 1/ZL Fri 5,16,122 i9 ..
DRAINAGE IMPACT ANALYSIS 125 days Mon 2/28122 Fri 8/19/22
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is Drainage Impact Report 3 wks Mon 811]22 Fri 8/19/22 39
_, DRAINAGE DESIGN 40 days ]Son 6/6/22 Fri 7129/22 d—S
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__ Culvert Design 8 wks Mon 6/6/22 Fri 7x29122 C
29 Detention pond Modification Design 8 wks Mon 6/6/22 Fra 7/29/22 20
44 TRAIL DESIGN 40 days Mon 6/6122 Fri 7/29/22
1 Trail Design 8 wks tion 616/22 Fri 7,29/22 3755 .
STORM 5EI ER IMPROVEMENTS DESIG5.156 days Mon 6/6/22 Fri 1/6/23
13 Storm Sewer Improvements Design 8 wks tion 6161122 Fri 7/29/22 3755 F:
11 Storm Sewer Improvements PS&E 115 days Mon 811/25 Fri 1/6(23 43
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I5 UTILITY RELOCATION DESIGN 155 days Mon 5/6/22 Fri 1/6/23
41 Waterline Relocation Design 8 wks Mon 616Q2 Fri 7,,'29122 3755
--. t: Wastewater Line Relocation Design 8 wks Mon 6/6/22 Fri 7/£9122 3255
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FEMA CLOMR APPLICATION 10€1 days Mean 1215/22 Fri 4/21/23
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b3 CLWAR Application 2 wks Mon 12/19/22 Fri 12/34/22 62 '.
bt Respond to FEMA Comments 2 mons Mon 2/27/23 Fri 4/21/23 63FS+2 mons
FS LAND ACQUISITION SERVICES 165 days Mon 1/2/23 Fri 8/18/23 52F5+3 wks -
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—_ page3
CITY OF ROUND ROCK
Chandler Branch Tributary 3 Channel Improvements
Exhibit D
Fee Schedule
SUMARY OF TASKS AND FEES
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Task d r, 6 Total Fee
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ASK 1-DESIGN PHASE
TASK 1.1-PROJECT MANAGEMENT AND COORDINATION $ 48,300.00 $ - $ - $ $ 48,300.00
ASK 1.2-DATA COLLECTION AND DOCUMENT REVIEW $ 6,448.00 $ $ - $ $ 6,448.00
ASK 1.3-ENVIRONMENTAL SUPPORT SERVICES $ 10,436.00 $ $ 65,996.90 $ $ 76,432.90
ASK 1.4-FIELD SURVEY $ 7,444.00 $ 38,152.00 $ - $ - $ 45,596.00
TASK 1.5-SUE SERVICES $ 6,722.00 $ $ - $ 55,487.20 $ 62,209.20
ASK 1.6-GEOTECHNICAL $ 3,922.00 $ - $ 23,572.10 $ - $ 27,494.10
TASK 1.7-DRAINAGE IMPACT ANALYSIS $ 40,722.00 $ $ - $ - $ 40,722.00
ASK 1.8-DRAINAGE DESIGN $ 29,942.00 $ $ $ - $ 29,942.00
TASK 1.9-TRAIL DESIGN $ 11,768.00 $ - $ - $ - $ 11,768.00
ASK 1.10-STORM SEWER IMPROVEMENTS DESIGN $ 18,074.00 $ - $ - $ - $ 18,074.00
TASK 1.11-UTILITY RELOCATION DESIGN $ 29,202.00 $ - $ - $ - $ 29,202.00
TASK 1.12-PS&E DEVELOPMENT $ 140,989.00 $ - $ $ - $ 140,989.00
TASK 1.13-TCEQ EAPP PERMITTING $ 26,236.00 $ - $ 4,985.00 $ - $ 31,221.00
TASK 1.14-FEMA CLOMR SUBMITTAL $ 23,796.00 $ - $ - $ - $ 23,796.00
ASK 1.15-LAND ACQUISITION $ 2,724.00 $ 44,296.00 $ - $ - $ 47,020.00
ASK 2-BID PHASE
TASK 2.1-PRE-BID $ 9,772.00 $ - $ - $ - $ 9,772.00
ASK 2.2-BID EVALUATION $ 12,412.00 $ - $ - $ - $ 12,412.00
ASK 3-CONSTRUCTION PHASE
TASK 3.1-CONSTRUCTION PHASE PROJECT MANAGEMENT $ 6,300.00 $ - $ - $ - $ 6,300.00
TASK 3.2-CONSTRUCTION MANAGEMENT $ 69,174.00 $ - $ - $ - $ 69,174.00
TASK 3.3-MATERIALS TESTING $ 3,990.00 $ - $ 13,082.00 $ - $ 17,072.00
TASK 3.4-RECORD DRAWINGS $ 7,980.00 $ - $ - $ - $ 7,980.00
ASK 4-POST-CONSTRUCTION PHASE
TASK 4.1-FLOODPLAIN AS BUILT SURVEY $ 4,530.00 $ 26,934.00 $ - $ - $ 31,464.00
TASK 4.2-FEMA LOMR SUBMITTAL $ 35,928.00 $ - $ - $ - $ 35,928.00
Subtotal $ 829,316.20
CONTINGENCY FOR ADDITIONAL SERVICES(15%of Cost) $ 124,397.43
$ 556,811.00 $ 109,382.00 $ 107,636.00 $ 55,487.20 $ 953,713.63
Page 1 of 4
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CITY OF ROUND ROCK
Chandler Branch Tributary 3 Channel Improvements
Exhibit D
KFA Rate Schedule
Job Classification Rate
Principal $ 260
Senior Project Manager $ 250
Project Manager $ 225
Senior Engineer $ 216
Project Engineer $ 160
EIT $ 110
Senior GIS Analyst $ 125
GIS Analyst $ 100
Senior CADD Technician $ 120
CADD Technician $ 95
Project Administrator $ 90
Clerical $ 75
Page 4 of 4
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
FR-13 Lobbying and Influencing Procurement
FR-14 Domestic Preference for Procurements
FR-15 Procurement of Recovered Materials
Page 21
FEDERAL REQUIREMENTS:-FR-01
BREACH OF CONTRACT TERMS
Anyiolation or breach of terms of this contract on the part of the contractor
or their it subcontractors may result in the suspension or termination of this
cont tct or such other action that may be necessary to enforce the rights of the
parti of this agreement. The duties and obligations imposed by the Contract
Docu ents and the rights and remedies available thereunder shall be in
addin to and not a limitation of any duties, obligations, rights and remedies
other, ise 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. Th D contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
contractor will take affirmative action to ensure that applicants are employed,
and t at employees are treated during employment without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be
limited to the following: Employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The
contr, ctor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of
this n ndiscrimination clause.
b. Th 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. ThB contractor will send to each labor union or representative of workers
with which he/she has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency contracting officer,
advisi g the labor union or workers' representatives of the contractor's
comrritments under Section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
d.The contractor will comply with all provisions of Executive Order 11246 of
Sept rnber 24, 1965, as amended, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
e.Th i contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secre 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
clauses of this contract or with any of the such rules, regulations, or orders, this
contrE 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 Dd construction contracts in accordance with procedure authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be
impos d 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
referr ng workers or providing or supervising apprenticeship or other training,
with vhich the contractor deals, with supporting information, to the effect that
the signer's practices and policies do not discriminate on the grounds of race,
color, religion, sex or national origin, and that the signer either will affirmatively
cooperate in the implementation of the policy and provisions of this Order or that
it coiisents and agrees that recruitment, employment, and the terms and
condi ions of employment under the proposed contract shall be in accordance
with tie 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 ce ify and set forth what efforts have been made to secure such a statement
ands ich 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. 664; 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 Park 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
subc ntractor participating in an approved plan is individually required to
comp y with its obligations under the EEO clause and to make a good faith effort to
achie a 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
subcc ntractor's failure to take good faith efforts to achieve the Plan goals and
timetE bles.
4. The contractor shall implement the specific affirmative action standards
provic 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
percentages of the total hours of employment and training of minority and
female 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 uction 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
Contr 3ct Compliance Programs office or from Federal procurement contracting
office s. The contractor is expected to make substantially uniform progress in
meeti ig 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
pursu nt thereto.
6. In order for the non-working training hours of apprentices and trainees to
be counted in meeting the goals, such apprentices and trainees shall be employed
by the contractor during the training period and the contractor shall have
made a commitment to employ the apprentices and trainees at the
completion of their training, subject to the availability of employment
opportunities. Trainees shall be trained pursuant to training programs approved by
the U.S. Department of Labor.
7. The contractor shall take specific affirmative actions to ensure equal
employment opportunity. The evaluation of the 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,
intimi #tion, 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 carry out the contractor's obligation to maintain such a
working environment, with specific attention to minority or female individuals
working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment
sources, provide written notification to minority and female recruitment sources
and to community organizations when the contractor or its unions have
employment opportunities available, and maintain a record of the organizations'
responses.
C. Maintain a current file of the names, addresses, and telephone numbers of
each minority and female off-the-street applicant and minority or female referral
from a union, a recruitment source, or community organization and of what action
was taken with respect to each such individual. If such individual was sent to the
union hiring hall for referral and was not referred back to the contractor by the
union or, if referred, not employed by the contractor, this shall be documented in
the file with the reason therefore along with whatever additional actions the
contractor may have taken.
d. Provide immediate written notification to the Director when the union or
unions with which the contractor has a collective bargaining agreement has not
referred to the contractor a minority person or female sent by the contractor, or
when the contractor has other information that the union referral process has
impeded the contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training
programs for the area which expressly include minorities and women, including
upgrading programs and apprenticeship and trainee programs relevant to the
contractor's employment needs, especially those programs funded or approved
by the Department of Labor. The contractor shall provide notice of these programs
to the sources compiled under 7b above.
f. Disseminate the contractor's EEO policy by providing notice of the policy
to unions and training programs and requesting their cooperation in assisting the
contractor in meeting its EEO obligations; by including it in any policy manual and
collective bargaining agreement; by publicizing it in the company newspaper,
annual report, etc.; by specific review of the policy with all management
personnel and with all minority and female employees at least once a year; and
by posting the company EEO policy on bulletin boards accessible to all
employees at each location where construction work is performed.
g. Review, at least annually, the company's EEO policy and affirmative
action obligations under these specifications with all employees having any
responsibility for hiring, assignment, layoff, termination, or other employment
decisions including specific review of these items with onsite supervisory
personnel such a superintendents, general foremen, etc., prior to the initiation of
construction work at any job site. A written record shall be made and maintained
identifying the time and place of these meetings, persons attending, subject matter
discussed, and disposition of the subject matter.
Page 29
h. Disseminate the contractor's EEO policy externally by including it in any
adve ising in the news media, specifically including minority and female news
medi , and providing written notification to and discussing the contractor's EEO
policy with other contractors and subcontractors with whom the contractor does or
antici Dates doing business.
L Direct its recruitment efforts, both oral and written, to minority, female,
and dommunity organizations, to schools with minority and female students;
and to minority and female recruitment and training organizations serving the
contr, ctor's recruitment area and employment needs. Not later than one
montl prior to the date for the acceptance of applications for apprenticeship
or otl ier training by any recruitment source, the contractor shall send written
notification to organizations, such as the above, describing the openings,
scree iing procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other
minor ty persons and women and, where reasonable provide after school,
sumrr er, and vacation employment to minority and female youth both on the site
and ir other areas of a contractor's workforce.
k. Validate all tests and other selection requirements where there is an
obligation to do so under 41 CFR Part 60-3.
I. Conduct, at least annually, an inventory and evaluation at least of all
minority and female personnel, for promotional opportunities and encourage
these employees to seek or to prepare for, through appropriate training, etc.,
such opportunities.
M. Ensure that seniority practices, job classifications, work assignments,
and o her personnel practices do not have a discriminatory effect by continually
monit ring all personnel and employment related activities to ensure that the
EEO olicy and the contractor's obligations under these specifications are being
carriei I out.
n. Ensure that all facilities and company activities are non-segregated except
that separate or single user toilet and necessary changing facilities shall be
provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts
from ninority and female construction contractors and suppliers, including
circulE tion of solicitations to minority and female contractor associations and
other business associations.
P. Conduct a review, at least annually, of all supervisor's adherence to and
performance under the contractor's EEO policies and affirmative action
obligations.
8. Contractors are encouraged to participate in voluntary associations,
which assist in fulfilling one or more of their affirmative action obligations (18.7a
through 18.7p). The efforts of a contractor association, joint contractor union,
contra or 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
number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or
laborer), dates of changes in status, hours worked per week in the indicated
trade rate of pay, and locations at which the work was performed. Records
shall be maintained in an easily understandable and retrievable form; however,
to the degree that existing records satisfy this requirement, contractors shall not
be rejuired to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the
application of other laws which establish different standards of compliance or
upon the application of requirements for the hiring of local or other area
residents.
Page 32
FEDERAL REQUIREMENTS: FR-05
COPELAND "ANTI-KICKBACK" ACT—18 U.S.C. 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 1950 (15 F.R. 3176, 64 Stat. 1267, 5 U.S.C. 133z
note):
"In order to assure coordination of administration and consistency of
enforcement of the labor standards provision of each of the [foregoing and
other enumerated] Acts by the Federal agencies responsible for the
administration thereof, the Secretary of Labor shall prescribe appropriate
standards, regulations, and procedures, which shall be observed by these
agencies, and cause to be made by the Department of Labor such investigations,
with respect to compliance with and enforcement of such labor standards, as he
deems desirable, ..."
Page 33
FEDERAL REQUIREMENTS. FR-06
FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010)
DAVIS - BACON REQUIREMENTS
Compliance with Davis-Bacon and Related Act Requirements: All rulings
and interpretations of the 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,,1aAM,qov
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 Ali 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 i is attached hereto and made a part hereof, regardless of any contractual
relati6riship which may be alleged to exist between the, contractor and such
laborers and mechanics. Contributions made or costs reasonably anticipated for
bona fide fringe benefits under Section 11(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
cleterminatilon (including any additional classification and wage rates conformed
under29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be
posted at all times by the contractor and its subcontractors at the site of the
P',ige 4
work in a prominent and accessible place where it can easily be seen by the
workers.
(N) (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
fring 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 E lavis-Bacon Act have been met. The Secretary of Labor may require the
contr actor to set aside in a separate account assets for the meeting of
oblig tions under the plan or program. (Approved by the Office of Management
and E ludged under OMB control number 12150140.)
2. A ithholding. HUD or its designee shall upon its own action or upon
writte 1 request of an authorized representative of the Department of Labor
withh Id 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,
including apprentices, trainees, and helpers, employed by the contractor or any
subc ntractor 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
byte contract, the HUD or its designee may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be
necet.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 ire due. The Comptroller General shall make such disbursements in the
case of direct Davis-Bacon Act contracts.
3. (1) Payrolls and basic records. Payrolls and basic records relating thereto
shall be maintained by the contractor during the course of the work and
prese ed 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 s cial security number of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of contributions or costs anticipated
for bona fide fringe benefits or cash equivalents thereof of the types described
in Section 1(b) (2) (B) of the Davis-Bacon Act), daily and weekly number of hours
worked, deductions made and actual wages paid. Whenever the Secretary of
Labor, has found under 29 GFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing
bene is under a plan or program described in Section 1(b)(2)(B) of the Davis-
Bacor i Act, the contractor shall maintain records which show that the commitment
to provide 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
laborers 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
them available, 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
recor is available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Ar prentices and Trainees.
(i) Alprentices. Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant
to an I individually registered in a bona fide apprenticeship program registered
with he 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)rentices 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
classi kation 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
projein a locality other than that in which its program is registered, the ratios
andJage rates (expressed in percentages of the journeyman's hourly rate)
specVin the contractor's or subcontractor's registered program shall be
obseed. Every apprentice must be paid at not less than the rate specified in the
regisred program for the apprentice's level of progress, expressed as a
perce itage of the journeymen hourly rate specified in the applicable wage
detert iination. 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
benefits listed on the wage determination for the applicable classification. If the
Administrator determines that a different practice prevails for the applicable
appre Lice classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship Training, Employer and
Labor Services, or a State Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable predetermined rate for
thework performed until an acceptable program is approved.
(ii) Tr inees. Except as provided in 29 CFR 5.16, trainees will not be permitted
to wok at less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has received
prior approval, evidenced by
Page 38
formal certification by the U.S. Department of Labor, Employment and
Training Administration. The ratio of trainees to journeymen on the job site shall
not be greater than permitted under the plan approved by the Employment and
Training Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee program
does not mention fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program associated
with the corresponding journeyman wage rate on the wage determination which
provides for less than full fringe benefits for apprentices. Any employee listed on
the payroll at a trainee rate who is not registered and participating in a training
plan approved by the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any trainee performing work
on the job site in excess of the ratio permitted under the registered program shall
be paid not less than the applicable wage rate on the wage determination for the
work actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is
approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees
and journeymen under 29 CFR Part 5 shall be in conformity with the equal
employment opportunity requirements of Executive Order 11246, as amended,
and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The contractor shall comply with the requirements of 29 CFR Part 3, which are
incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses contained in subparagraphs 1 through 11 of this
paragraph A and such other clauses as HUD or its designee may by
appropriate instructions require, and a copy of the applicable prevailing wage
decision, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier subcontractor with all the
contract clauses in this paragraph.
7. Contract termination: debarment. A breach of the contract clauses in 29 CFR
5.5 may be grounds for termination of the contract, and for debarment as a
contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements. All rulings
and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR
Parts 1, 3, and 5 are herein incorporated by reference in this contract.
Page 39
9. Di putes Concerning Labor Standards. Disputes arising out of the labor
stand rds provisions of this contract shall not be subject to the general disputes
claus of this contract. Such disputes shall be resolved in accordance with the
proc ures 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 any of its subcontractors) and HUD, the U.S. Department of Labor, or the
employees or their representatives.
10. (i i Certification of Eligibility. By entering into this contract, the contractor
certifi s 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
contr, cts 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 CF Part 24.
(ii) No part of this contract shall be subcontracted to any person or firm
ineligi le 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 GFR Part 24.
(iii) T ie 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 8, U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18,
U.S.C, "Federal Housing Administration transactions", provides in part: "Whoever,
for the purpose of ..... influencing in any way the action of such
Administration....makes, utters or publishes any statement knowing the same to
be false.....shall be fined not more than $5,000 or imprisoned not more than two
years or both."
11. C mplaints, 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 c )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
PAINTER (Structures) . . . . . . . . . . . . . $ 18.34
POWER EQUIPMENT OPERATOR:
Agricultural Tractor. . . . . . . . $ 12.69
Asphalt Distributor. . . . . . . . .$ 15.55
Asphalt Paving Machine. . . . . .$ 14.36
Boom Truck. . . . . . . . . . . . . . . . . .$ 18.36
Broom or Sweeper. . . . . . . . . . . .$ 11.04
Concrete Pavement
Finishing Machine. . . . . . . . . . .$ 15.48
Crane, Hydraulic 80 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
awarl only as provided in the labor standards contract
clauses
(29CFR 5.5 (a) (1) (ii) ) .
------------------------------------------------------------
The ody of each wage determination lists the classification
and qage rates that have been found to be prevailing for the
citei type (s) of construction in the area covered by the
wage determination. The classifications are listed in
alph betical order of ""identifiers"" that indicate whether
the particular rate is a union rate (current union
negotiated rate for local) , a survey rate (weighted average
rate or a union average rate(weighted union average rate) .
Union Rate Identifiers
A four letter classification abbreviation identifier
enclosed in dotted lines beginning with characters other
than ""SU"" or ""UAVG"" denotes that the union
classification and rate were prevailing for that
classification in the survey.
Example:
PLUM 198-005 07/01/2014. PLUM is an abbreviation identifier
of the union which prevailed in the survey for this
clas ification, 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
proc ssing 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
* a 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
process 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
Admi istrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc. ) that the requestor considers relevant to the issue.
3. ) If the decision of the Administrator is not favorable,
an
irate ested party may appeal directly to the Administrative
Revi w 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
Page 47
FEDERAL REQUIREMENTS: FR-07
CONT CT 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 3chanics, shall require or permit any such laborer or mechanic, in any
wor eek 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
worked in excess of forty hours in such workweek.
(2) Vi lation; Liability for Unpaid Wages; Liquidated Damages. In the event of any
violate n of the clause set forth in subparagraph (1) of this paragraph, the
contr, ctor and any subcontractor responsible therefor shall be liable for the
unpai I wages. In addition, such contractor and subcontractor shall be liable to
the L nited States (in the case of work done under contract for the District of
Colun ibia or a territory, to such District or to such territory), for liquidated
dams es. Such liquidated damages shall be computed with respect to each
indivi ual laborer or mechanic, including watchmen and guards, employed in
violate n of the clause set forth in subparagraph(1) of this paragraph above, in the
sum f $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of 40 hours without payment
of the overtime wages required by the clause set forth in subparagraph (1) of this
paragraph.
(3) hholding for unpaid wages and liquidated damages. HUD or its designee
shall pon its own action or upon written request of an authorized representative of
the D partment of Labor withhold or cause to be withheld,from any monies payable
on ac ount of work performed by the contractor or subcontractor under any such
contr ct or any other Federal contract with the same prime contractor, or any
other Federally-assisted contract subject to the Contract Work Hours and
Safe 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
contrc,ctor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2) of this paragraph.
(4) SL 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
paragi aph.
(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 h alth standards promulgated by the Secretary of Labor by regulation.
Page 48
The Contractor shall comply with all regulations issued by the Secretary of Labor
pursuant to Title 29 Part1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC
3701 et seq.
The Contractor shall include the provisions of this paragraph in every subcontract
so that such provisions will be binding on each subcontractor. The Contractor
shall take such action with
respect to any subcontract as the Secretary of Housing and Urban Development or
the Secretary.
Page 49
FEDERAL REQUIREMENTS: FR-08
RIGHTS TO INVENTIONS
All rights to inventions and materials generated under this contract are subject
to regulations issued by the Sponsor of the Federal grant under which this
contract is executed.
Page 50
FEDERAL REQUIREMENTS: FR-9
ACCESS TO RECORDS AND RECORD RETENTION
The Contractor shall maintain an acceptable cost accounting system. The Contractor
agrees to provide the Sponsor and the Comptroller General of the United States or any
of their duly authorized representative's access to any books, documents, papers, and
records of the contractor which are directly pertinent to the specific contract for the
purpose of making audit, examination, excerpts and transcriptions. The Contractor
agrees to maintain all books, records and reports required under this contract for a
period of not less than three years after final payment is made and all pending matters
are closed.
Page 51
FEDERAL REQUIREMENTS: FR-10
CLEAN AIR AND WATER POLLUTION CONTROL
Contractors and subcontractors agree:
a. Thi at any facility to be used in the performance of the contract or subcontract or
to benefit from the contract is not listed on the Environmental Protection Agency
(EPA List of Violating Facilities;
b. To comply with all the requirements of Section 114 of the Clean Air Act, as
amen Jed, 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 g jidelines issued thereunder;
c. That, as a condition for the award of this contract, the contractor or
subcc ntractor will notify the awarding official of the receipt of any communication
from I he 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
Facilit es;
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 Dais is presently debarred, suspended, proposed for debarment, declared
inelig ble, or voluntarily excluded from participation in this transaction by any
Fede al department or agency. It further agrees that it will include this clause
witho it modification in all lower tier transactions, solicitations, proposals,
contr icts, and subcontracts.
Page 54
FEDERAL REQUIREMENTS: FR-13
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
(1) No Federal appropriated funds shall be paid, by or on behalf of the contractor,
to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the making of any
Federal grant and the amendment or modification of any Federal grant.
(2) If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with any Federal grant, the
contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby
Activities," in accordance with its instructions.
Page 55
FEDERAL REQUIREMENTS: FR-14
DOMESTIC PREFERENCE FOR PROCUREMENTS
As appropriote and to the extent consistent with law, the non-Federal entity should, to the
greatest ext nt practicable under the award, provide a preference for the purchase, acquisition,
or use of goods, products, or materials produced in the United States) including but not limited
to iron, aluminum, steel, cement, and other manufactured products). The requirements of this
section must be included in all subawards including all contracts and purchase order or products
under this award.
FEDERAL REQUIREMENTS: FR-15
PROCUREMENT OF RECOVERED MATERIALS
A non-Federal entity that is a state agency or agency of a political subdivision of the state and
its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act. The requirements of 6002 include procuring
only items designed in guidelines of the EPA at 40 CFR 247 that contain the highest percentage
of recovered materials practicable consistent with maintaining a satisfactory level of competition,
where the purchase price of the item exceeds $10,000 or the value of the quantity acquired
during the preceding fiscal year exceeded $10,000; procuring solid waste management services
in a manner that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA guidelines.
EXMIT F
Certificates of Insurance
Attached Behind This Page
7 0 DATE(MWDDIYYYY)
,d►CORLY CERTIFICATE OF LIABILITY INSURANCEk.,-- r 1/4/2022
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 rights to the certificate holder in lieu of such endomement(s).
CONTACT
PRODUCER
Risk Strategies NAME: Cameron Brown
12801 North Central Expy.Suite 1710 PHONE 214 323-4602 AIXC Noll: 214 503-8899
Dallas,TX 75243 EMAIL
ADDRESS: certificatedallas risk-strate ies.com
INSURERS AFFORDING COVERAGE NAIC 0
INSURER A: Berkshire Hathaway Specialty Ins Company 22276
INSURED INSURER B: Sentinel Insurance Company Ltd 11000
K Friese&Associates, Inc. INSURER c: Hartford Fire Insurance Company 19682
1120 S Cap of TX Hwy
CityView 2, Suite 100 INSURER D: Travelers Indemnity Company 25658
Austin TX 78746 INSURER E:
INSURER F-
COVERAGES CERTIFICATE NUMBER: 66085685 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IL7R TYPE OF INSURANCE ADD UBR POLICY EFF POLICY EXP
POLICY NUMBER IMMIDDIYYYYI IMMIDDIYYYYILIMITS
C / COMMERCIAL GENERAL LIABILITY �/ ✓ 84SBWBA7667 1/l/2022 11112023 EACH OCCURRENCE $1,000,000
DAMAGE TO RENI t:U
CLAIMS-MADE a OCCUR PREMISES Ea occurrence S300,000
MED EXP(Any one person) S10,000
PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
RO-
POLICY 0 PECT
LOC PRODUCTS-COMPIOP AGG $2,000,000
OTHER $
B AUTOMOBILE LIABILITY 84UEGZV5448 1/1/2022 111/2023 COMaBBIIN$DISIN LIMIT $1000000
(EaANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per a deM
S
C �J UMBRELLA LIAB V OCCUR f ,/ 114SBWBA7667 1/1/2022 1/112023 EACH OCCURRENCE s5,000,000
EXCESS LIAe CLAIMS-MADE AGGREGATE $5,000,000
DED I ✓I RETENTIONS 10.000 $
D WORKERS COMPENSATION �/ U85P02903A 1/1/2022 1/1/2023H-
AND EMPLOYERS'LIABILITY Y I N
ANYPROPRIETORIPARTNERIEXECUTIVEE.L.EACH ACCIDENT s 1,000 000
OFFICERIMEMBEREXCLUDED? ❑N NIA
(Mandatory In NH) E .DISEASE•EA EMPLOYEd S
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE•POLICY LIMIT I S 1.000.000
A Professional Liability ✓ 47EPP30984103 1/1/2022 1/1/2023 Perdaim/AnnualAggregate $5,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS i VEHICLES(ACORD 101,AddKional Remarks Schedule,may be attached if more space Is required)
The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject
to a deductible.Thirty(30)day notice of cancellation in favor of certificate holder on all policies.
Re:KFA#1321030—Chandler Branch Tributary 3 from Eagles Nest Street to UBCWCID Dam 14—Gap Channel.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Round Rock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Attn:Federico Sanchez, P.E., CFM ACCORDANCE WITH THE POLICY PROVISIONS.
3400 Sunrise Road
Round Rock TX 78665 AUTHORIZED REPRESENTATIVE
Cameron Brown
®1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
66085685 1 22/23 GL/AL/UL/WC/PL I Patra 1 1/4/2022 1:55:13 PM (EST) I Page 1 of 1
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