Loading...
R-2022-070 - 2/24/2022 RESOLUTION NO. R-2022-070 WHEREAS, the C'ity of Round Rock desires to retain engineering services for the Meadows Area 2 & 4 Water, Wastewater and Storni Drain Improvements Project, and WHEREAS, HDR 1�I�'ng gineering, Inc. has submitted a Contract fio l rag ineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with HDR Engineering, Inc., NowTherefore BE IT RESOLVED BY THE COUNCIL OF THE CITV OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for F"ngineering Services Witil JIDR Engineering, Inc. for the Meadows Area 2 & 4 Water, Wastewater and Storm Drain linprovIernents Project, a copy o[`said contract being attached hereto as I" xhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declare,.; 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 flormally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day ofFebruary, 2022. CRAIG e(5RG Mayor o �,e� ocl City of, ock, Texas ATTES'I': Mll;AGAN S)?INK4,S�, ,, ty Clerk 3 0 2 21027-2,ANS 0-74 10-66;M EXHIBIT "A" 11ROUND ROCK TEXAS CITY OF ROUND ROCK CON] RACTFOR ENGFINEERING SERVICES FIRM: IIDR ENGINEERING, INC. ("Engilleer") ADDRESS: 710 Hester's Crossing, Suite 1.50, Round Rock, Texas '78681-7839 PROJECT: Meadows Area 2 & 4 Water,Wastewater and Storm Drain Improvements 'I'll E STATE OF TEXAS § COUNTY OF WILLIAMSON § TJ 115 CONI RAC: ENGINEERING S1,11WICES ("Contract") is made and entered into on this, tile day of 2022 by and between the CITY OF RO(JND IZOCK, aTexas horne- rule municipal corporation. whose offices are located at 221 Flast Main Street, Found Rock, 1'exas 78664-5299, (hereinafter referred to as "City"), and Erigincer, and such Contract is for the lAirpose of contracting for prol'essional engineering services. RECITALS: Wl-lFRf-'AS, V.1'.C.A., Government Code §2254.002(2)(A)(vii) under SUbchapter A entitled "Profiessional Services Procurement Act" provides for the PrMirenwnt by 111141liCiINAlifles of services of professional engineers-, and WHEREAS, City and Engineer desire to contract for such professional engineering services; and Wl IFREAS, City desires to use American RCSCLIC Plan funds fees and costs associated with the Project; WHEREAS, City shall comply with the requirements of 2 C 17R Part 200 and any other applicable federal reClUirerrients related to the proCUrcinent and expenditure 017 Pecs and costs related to the Project-, WHERE.AS, City and Engineer wish to dOCL1111CIlt their agreement concerning the requirements and respective obligations of the parties; F'tigineerijig Services Contnw( 0199 202207;4857-8832-462 1/ss2 NOW,THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: CONTRACT DOCUMENTS The Con ract 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 herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a par,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 iibit 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 loi 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 beloNN in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day intil such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall 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. 2 (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. Atter 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 Ninety-Six Thousand Three Hundred Sixteen and 12/100 Dollars ($996,316.12) 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. 3 The certi led statements shall show the total amount earned to the date of submission and shall show the amouni due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. ARTICLE 6 PROMPT PAYMENT POLICY In acco dance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (3 ) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. T ere is a bona fide dispute between City and Engineer concerning the supplies, aterials, or equipment delivered or the services perfonned that causes the payment to be late;or B. Tie terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. T iere is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or &e Engineering Services performed which causes the payment to be late; or D. Tie invoice is not mailed to City in strict accordance with instructions, if any, on the p irchase order,or this Contract or other such contractual agreement. City shat I document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt cf such invoice. Any non-disputed invoices shall be considered correct and payable per the terms of Cha ter 2251, V.T.C.A.,Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice tc Proceed regarding such task. The City shall not be responsible for work performed or costs incurred b Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's D signated Representative for purposes of this Contract is as follows: 4 Federico Sanchez Project Manager 3400 Sunrise Road R Grund Rock., Texas 78665 Telephone NUMber(S 12) 218-6,609 Fax Number (5 12) 255-6911 Email Address fs, is ltcz ac rurrcfrtircl�te\,1:�. . , . a 1--.2— City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid Unreasonable delay in the orderly and sequential progress of l:--:ngineering Services, l"p incer's Designated Representative for p7111•frcases of'this Contract is as follows: Manual Zuvia, P Propeet Manager 710 Hester's Crossing, Suite 150 Round Rock, TX 786 1-7839 Telephone Number (210) 841-28,32 Fax Number Q1 0) 841-28211 Ismail address raaaa�pracl. ar��ird�rr';halr irrc.oaaraa ARTIrC'LE 9 PROGRESS EVALUATION l�?ngineer• shall, from time to time during the progress of'the Engineering Services, confer Nvith City at C."ity"s election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in carder for City to evaahlaate features of the Engineering, Services. At the request of City or 1;<nginecr, conferences shall he provided at Engineer's office, the offices ofCity, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of"the Engineering Services, Should City determine that the progress in Engineering; Services does not satisfy the Work Schedule, then City shall review tfae Wore Schedule Nvith Fngineer to determine corrective action required„ lry;ngineer° shall promptly advise City in writing of events which [lave or play have a significant impact upon the progress of'the Engineering Services, including but scat limited to the following: (1) Problems, delays, adverse conditions which may materially aaff'ect the ability to meet the objectives of'the Work Schedule, or preclude the attainment of parcaject Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of. actions taken or contemplated, and City assistance needed to resolve the situation, if' any,. and 5 (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be affected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If tf is Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by 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 perfoml is beyond the scop of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authori ed in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or partse, thereof which involve changes to the original Engineering Services or character of Engineering Se ices under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be 6 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, 7 corrections or dIdditions to the work and documents for the purposes of completing, using and maintaining the roject. City shf 11 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 ontractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service 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 . 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 Sen ices, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Se ices 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. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty(30)days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty-day notice period shall not exceed the amount charged during the preceding thirty(30)days. If Engin er defaults in the performance of this Contract or if City terminates this Contract for fault on the part f 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 ivas 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 Engineering Services required and the time required to do so, and other factors which affect the value W City of the Engineering Services performed at the time of default. The term ination of this Contract and payment of an amount in settlement as prescribed above shall extinguish ill rights, duties, and obligations of City and Engineer under this Contract, except the obligations set rth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project nd prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of a y procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable state, federal and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Se ices contracted for herein. (2) As r quired by Chapter 2271, Government Code, Engineer hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli- controlled territory, but does not include an action made for ordinary business purposes. (3) In accordance with 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for value of at least One Hundred Thousarid 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 10 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. (b) 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 11 completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON-COLLUSION,FINANCIAL INTEREST PROHIBITED (1) Non-collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, othe 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, per entage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award r making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election,to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officeis, employees, agents, consultants and subcontractors will have no financial interest, direct or indire t, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Do tars 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 er shall require each subconsultant performing work under this Contract to maintain during the term f 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 am ng its subconsultants. City shall be entitled, upon request and without expense, to 12 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 Cor tract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings c r 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 a mutually convenient times. The City reserves the right to review all records it deems relevant which ate related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock,TX 78664 Engineer HDR Engineering, Inc. 710 Heste 's Crossing, Suite 150 Round Rock,TX 78681-7839 14 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. The Services shall be performed expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. Any determination to withhold or set off shall be made in good faith and with written notice to Engineer provided, however, Engineer shall have fourteen (14) calendar days from receipt of the notice to submit a plan for cure reasonably acceptable to City. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given,and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion,judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion,judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. 15 ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above-stated representations and warranties a e made for the purpose of inducing City to enter into this Contract. IN WIT ESS WHEREOF,the City of Round Rock has caused this Contract to be signed in its corporate name iy 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 ROUN D ROCK, TEXAS APPROVED AS TO FORM: By: Craig Morgan, Mayor Stephan L. Sheets, City Attorney ATTEST: By: Meagan Spin s, City Clerk HDR ENGINEERING, 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 (5) Exhibit E Federal Requirements (6)Exhibit F Certificates of Insurance 17 EXHIBIT A CITY SERVICES The City of Round Rock(City)will provide the following: PROJECT NAGEMENT The City will designate a Project Manager to represent the City. PS&E/ENVIRONMENTAL/UTILITY ENGINEERING/BIDDING/ CONSTRUCTION A. Any ecords available which would assist in the identification of environmental constiaints. B. All w rk required for easement acquisitions using easement documents prepared by Engin eer. C. Revi w of progress of work and final acceptance of deliverables. D. Proce sing of all periodic payment requests submitted by Engineer. E. Submittal of documentation to regulatory agencies for review, comment, or approval when specified. F. All cc mments regarding the review of the engineering services completed. G. Assistance in the coordination and scheduling of site visits. H. Review and approval of typical roadway/utility sections and design criteria developed by the Engineer. I. Pavement design to be used for mill and overlay of affected roadways, in consultation with t ie Engineer. J. Assist as necessary in obtaining the required data and information from other local, regior al, state,and federal agencies. K. Provi4 e the Engineer with timely reviews and decisions necessary for the Engineer to maint in the project work schedule. L. Distri ute schematic layout to the appropriate agencies. M. Sched le,coordinate, and conduct public involvement meetings. N. Furniczh available horizontal control points established by the City. O. Furnish available plans and design information for adjoining projects. P. Furni h available right-of-way maps. Q. Negot ate with all utility companies for any agreements and required relocations. R. Pay al I reviewing agency fees promptly including review, inspection and recording fees. S. Assist with obtaining right-of-entry(ROE) for adjoining property owners necessary for fields rveying outside existing public right-of-way. City of Roun Rock Page I of I Exhibit A EXHIBIT B F'NGINEERING SERVICES Project: Meadows Areas 2 & 4 Water, Wastewater, & Storm Drain Improvements Backp-ound The City of Round Rock (City) requested 1.1'rigineer provide engineering services for the Meadows Areas 2 and 4 Water, Wastewater, and Storm Drain Improvements pro.ject covering the area 01.1flined in the figure below, In addition to storm (train improvements for flood mitigation, the prolect will also include water distribution and wastewater collection system replacements and full street Nvidth pavement milling and overlays of affected streets (Protect). The first phase will consist of'301YO design tasks to Update previous preliminary hydrologic and hydraulic (I-I&H) models, storm drain design, and opinion ofprobable construction cost (OPCC) by, others to CUITC11t City standards Ilor tile project area and determine if'a phased implementation approach is required for tile Project. ject.to align with the City's project construction budget. The second phase will Consist of'Plan, Specification & Estimate (PS&E) clevc1opmera ofthe entire project to include 60%/90'Yo/i(.l0% design deliverables, as, Nvell as bidding and COnStrUCtiOn J)haSe services for one construction package Im-the entire pro.ject area. .......... iii City of hound Rock Page 1 of 15 Exhibit 13 Task 1 - Project Management a) Engit eer will provide project coordination and management of Engineer and sub- const Itant staff and resources. Engineer will also provide project controls including proje t initiation, preparing,and maintaining a schedule, invoicing, and coordination with City and subconsultants. Engineer will provide City with monthly progress reports and invoices for the duration of the project, estimated at 30 months. b) Engineer will attend project kick-off meeting with City Project team(estimated at 1 meeti rig attended by three (3)HDR staff. c) Engineer will attend up to four(4) external project design coordination meetings with local igencies and stakeholders(attended by up to 2 HDR staff). Further meetings or correspondences will be via email or phone calls. d) Engir eer will attend design review meetings with City (estimated at I meeting per 301/o/ 0%/90%design milestone submittal,attended by up to 3 HDR staff) e) Engir eer will prepare monthly invoices with brief project status report(estimated at 30 mont s) f) Engineer will conduct a monthly project coordination call with City(attended by up to 2 HDR staff) including preparation of meeting notes. g) Engineer will provide management of sub-consultants including verifying quality reviews are performed by each sub-consultant,and invoicing. h) Engi eer will attend coordination meetings with Union Pacific Railroad(UPR) (estin ated at 5 virtual meetings attended by up to 2 HDR staff)and preparation of meeti ig notes. TASK 1 ELIVERABLES: 1. Submit monthly progress reports and invoices to City via email. 2. One(1)digital copy of each meeting summary to City via email. Task 2-Hydrologic& Hydraulic(H&H)Model Update and 30%Design Task 2.01 —H&H Model (InfoWorks ICM) Update a) Engin er will work with the City to establish project hydraulic design criteria for up to three 3) storm drain design alternatives including design alternatives for higher frequency storm events than City current standards in order to meet the current City construction budget. b) Engin-.er drainage lead will conduct site visit to observe existing drainage conditions and drainage features. c) Engin er will collect and review existing data from the previous drainage analysis (LJA, 2018)and the City online GeoHub: a. Existing InfoWorks ICM model developed by LJA in 2018 b. Existing storm drain information and as-builts c. Most current Central Texas LiDAR terrain data d. Current land use shapefiles City of Rounc Rock Page 2 of 15 Exhibit B e. Current GIS planimetric data for building footprints, roadways, lot lines, Right- of-Way,and parcels f. As-built or record drawings d) Engineer will receive flooding complaints or suspected flooded structures provided by City and incorporate into ArcG1S. e) Engineer will update the existing conditions rain-on-mesh InfoWorks ICM model (LJA, 2018) including the following tasks: a. Update existing condition 2D terrain from the 2017 Central Texas LiDAR data and surveyed finished floor elevations(FFE)from Task 1. b. Develop rainfall hyetographs for 2-, 5-, 10-,25-, 50-, and 100-year storm events using Atlas 14 rainfall depth and duration data. c. Develop existing condition ICM model simulations for the 2-, 5-, 10-, 25-, 50-, and 100-year storm events with existing storm drain system data collected f) Engineer will update proposed conditions rain-on-mesh InfoWorks ICM model (LJA, 2018)for up to three (3)proposed storm drain design alternatives based on agreed upon hydraulic design criterion established with the City. g) Engineer will use current FEMA effective hydrology model for Brushy Creek to analyze hydrologic impacts to the Brushy Creek 100-year discharge at the confluence of the proposed storm drain outfall. h) Engineer will summarize the updated model results including the following tasks: a. Identify and develop mapping of existing conditions local street flooding and habitable structures at risk of local flooding for the 2-, 5-, 10-,25-, 50-,and 100- year storm events based on updated model results. b. Develop proposed conditions inundation mapping for the 2-, 5-, 10-,25-, 50-, and 100-year storm events for up to three design alternatives listed above showing flood inundation depth reduction at habitable structures. c. Pre-and post-project 100-year discharges in Brushy Creek at the confluence of the new storm drain outfall. i) Engineer will conduct a meeting with City to present the findings of the updated storm drain design alternatives and select a design alternative to move forward with 30% schematic design. Task 2.02—Topographic & Boundary Survey a) Engineer will provide survey services through subconsultant Inland Geodetics, LLC (Inland) including the following: a. Engineer will establish secondary control traverse as needed for boundary and topographic data collection procedures. b. Engineer will perform differential level loops for installation of limited number of benchmarks located at strategic locations within the project limits. c. Engineer will collect spot elevations along the project route including edges of pavement, back of curbs,driveways, mailboxes, visible utilities, manhole inverts, clean-outs,drainage culverts, fence structures, centerline of roads and striping, trees 6" and up, any other hard surfaced improvements within the defined area, City of Round Rock Page 3 of 15 Exhibit B grade breaks, flowlines of watercourses, and other significant features relevant to the project. The collected data will include spot elevations and breaklines sufficient to generate and/or merge to a 1-foot contour interval digital terrain model (DTM) for the project. d Engineer will collect "lowest floor elevations" for up to 40 dwellings along the project route.This task may be collected via remote elevation techniques on the door sill or garage door entry depending on accessibility. Entry into dwellings is not expected to be necessary. e. Engineer will also tie SUE designated utility lines within the project limits and coordinate with SUE provider for timing of the surveying activities. f. Engineer will locate and process up to 3 geotechnical boreholes within the project limits. g. Engineer will perform sufficient research of the affected property lines to reconstruct the existing property boundary lines from record information including the presence of a drainage easement within UPR ROW at the intersection of Sam Bass Road and Wonder Drive to establish UPR permit approval requirements and coordination needed for upgrades to the existing storm drain within UPR ROW. h. Engineer will perform sufficient field surveying work for the project length to locate the record boundaries developed from the previous task on the ground. i. Engineer will prepare easements with accompanying temporary construction easements(TCE) for up to 3 parcels. Task 2.0 —30%Design and Construction Phasing Plan a) Engir eer will conduct site visit to observe existing conditions, roadways, and utilities. b) Engir eer will develop 30%Design schematic(roll plot)for the proposed improvements for Areas 2 and 4 based on updated H&H analyses completed and design criteria established and agreed upon by the City in Task 1. ENGINEER will prepare a roll plot for the selected project alternative that will include: a. Proposed storm drain main trunk line plan and profile, pipe sizes,and inlet locations b. Proposed water distribution and wastewater collection main line replacement plan and profile(wastewater profile only) c. Proposed pavement mill and overlay extents d. Proposed typical sections e. Existing and proposed 25-and 100-year flood inundation limits f. Proposed easement parcel needs g. Proposed construction phasing if required to provide an initial construction phase that can be implemented by the City within the City's project construction budget. c) Engin er will develop 30%design-level opinion of probable construction cost(OPCC). Task 2.04— Initial Existing Utility Coordination City of Round Rock Page 4 of 15 Exhibit B a) Engineer will provide initial existing utility relocation coordination services for up to seven(7) utility owners including the following anticipated utilities: • AT&T • MCI- Verizon • Oncor Electric Distribution • Spectrum • Fiber Light LLC • Atmos Mid-Tex • Grande Initial existing utility relocation coordination services will include the following: a. Perform One-Call and determine utility point of contacts, create contact List b. Provide Subsurface Utility Engineering(SUE)Quality Level D services including collecting utility records, block-maps and as-builts. Plot Utilities from review and analysis of available existing utility records. c. Provide key coordination and utility engineering information for the 30%design, including contacts list,coordination tracking log with key coordination and meeting notes,and Utility Layout. Task 2.05 -Environmental Constraints and Permitting Requirements Assessment a) Engineer will perform Environmental Permitting services to include: a. Engineer will conduct an in-field wetlands delineation and permitting assessment to identify potential impacts to waters of the United States (U.S.), including wetlands, and determine the appropriate permitting approach for the project's crossing of any potential waters of the U.S. b. Effects analysis—Engineer will conduct an evaluation of preliminary design to determine fill impacts to potential waters of the U.S. c. Depending on design and construction approach,a US Army Corp of Engineers' (USACE)Nationwide Permit 58(NWP 58)may be required for fill impact to waters of the U.S. Engineer will develop a technical memorandum to outline findings of tasks above,to define Section 404 permitting requirements, if any, for use by City and a construction contractor. b) Engineer will perform Cultural Resource Services to include: a. Engineer will perform a desktop cultural resources evaluation and agency consultation to determine level of effort under the Antiquities Code of Texas. b. Engineer will complete intensive archival research to determine the Round Rock/Hopewell Cemetery boundary. i. The intensive archival research will include land deed research, historical map review,and a review of other pertinent historical records, such as, contemporaneous newspapers to determine the likelihood of human burials within the project workspace. TASK 2 ASSUMPTIONS: City of Round Rock Page 5 of 15 Exhibit B I Existing roadway reconstruction is not anticipated as part of the proposed project improvements. Design of roadway profile or cross section modifications are beyond the scope of this Task Order. 2 OPCCs will conform to AACE Class 3 standards. Estimates will be developed using the latest available City average low bid unit prices,TxDOT average low bid unit costs,and other readily available regional recent project low bid unit prices. 3. Utility layout excludes ASCE QL-B and QL-A data as it will be provided during the 60%PS&E progression. 4. City will secure right-of-entry (ROE) for surveying activities. 5. Coordinate values are NAD 83 State Plane,Central Zone US Survey Feet. 6. This proposal assumes that the Temporary Construction Easements(TCEs) will be coincident to the permanent. 7. Based on preliminary review, a pre-construction notification to and/or other coordination with the USACE for coverage under NWP 58 is not anticipated nor included within this scope. This will be confirmed as part of this subtask by the technical memorandum, including any general and regional NWP conditions to be followed during construction. a. If the project cannot be designed in a way that meets all general and regional conditions for coverage under NWP 58 without the notification to the USACE, Engineer will provide a supplemental scope and estimate for these services. 8. Project corridor is not within range of nor contain suitable habitat of State or Federal Threatened and Endangered Species,therefore no environmental scope tasks are included herein to address such issues. 9. Field wetland delineation will be conducted in a single mobilization for one day by two environmental scientists from Engineer for a selected route with all access provided by City. If additional mobilizations for additional field work are required then a supplemental fee would be required. I(.No construction phase environmental permitting support is currently included, such as migratory bird nest surveys or aquatic resource relocation, but can be provided as a supplemental service, if required by regulatory agency. 11. City and Contractor(Operator)will be required to submit a Notice of Intent(NOI) to the TCEQ for compliance with the Texas Pollution Discharge Elimination System(TPDES) Stormwater General Permit TXR150000. 12. Contractor is responsible to finalize and update the SWPPP during the construction phase. 13. Archaeological compliance with Section 106 of the National Historic Preservation Act is not necessary. 14. Archaeological field investigations are not included in the above scope. Should the Texas Historical Commission determine archaeological field investigation is required, Engineer would negotiate an additional scope and fee for such services. TASX 2 DELIVERABLES: 1. One(1) digital copy of each meeting summary to City via email. City of Round Rock Page 6 of 15 Exhibit B 2. Preliminary Utility conflict summary and Utility Layout in PDF format. 3. Topographic survey deliverables including a Microstation 3D file with break-lines and associated files,a DTM file processed to 1.0-foot contours and the associated spot point data in ASCII format,and a list of benchmarks and project control coordinates. An AutoCAD .dwg file version will also be provided. 4. 30%Design Schematic roll plot in PDF format and AutoCAD .dwg format (model files only), including location of potential easement acquisitions, if any. 5. 30%design OPCC in PDF format. 6. Environmental constraints and permitting requirements assessment and cultural resources assessment documentation in PDF format. Task 3—60% PS&E Design The following scope of services is comprised for the 60%Design PS&E development of the entire project area(Figure 1). Task 3.01 -Geotechnical Investigation a) Engineer will perform a geotechnical investigation using subconsultant Raba Kistner Consultants, Inc. (RKCI) within the street ROW to characterize the existing pavement, underlying subgrade, and groundwater conditions primarily for Contractor information during bidding. RCKI will: a. Provide geologist or geotechnical technician to oversee and manage the sample collection and soil classification process, provide technical direction during exploration,and prepare detailed boring logs of the material encountered for the purposes of characterized the type of excavation a contractor is expected to excavate for bidding purposes(4 borings up to 20-ft deep). Task 3.02 -60%PS&E Engineer will develop 60%design of proposed storm drain system, water distribution and wastewater collection system replacements,and pavement mill and overlay plan in accordance with applicable City and TxDOT design criteria and specifications. 60%design development tasks will include: a) Update 30%design Infoworks ICM H&H model for 60%design of storm drain system including inlet locations and spacing and pipe sizes. b) Develop storm drain system plan and profiles (sheets for approximately 3,500 LF of trunk line and approximately 30 inlet laterals) based on updated Infoworks ICM H&H model. c) Develop proposed storm drain outfall structure at Brushy Creek. d) Develop hydrologic and hydraulic data sheets. e) Develop wastewater collection system plan and profiles and service line replacements (sheets for approximately 3,500 LF of wastewater main line and lateral connections). f) Develop water distribution system plan and profiles and service line replacements(sheets for approximately 3,500 LF of water main line and lateral connections). City of Round Rock Page 7 of 15 Exhibit B g) Deve op typical sections(existing and proposed). h) Deve op mill and overlay plan sheets with SW3P. i) Deve op standard details and identify special details to be developed in next task. j) Traff Control Plan a. Develop construction phasing and sequence of work. b. Develop construction phasing layouts for collector streets. Residential streets will be treated as full closures with no thru traffic. c. Develop detour and barricade plans (Traffic control shall be limited to typical applications, not specific to individual streets). k) Deve op cover and general front-end sheets. 1) Develop 60%OPCC. m) Develop Table of Contents of standard technical specifications and special specifications. n) Develop proposed easement sketches(up to three (3)parcels). o) Perfo 60% PS&E QA/QC reviews. TASK 3 0%PS&E ASSUMPTIONS: I. Plans will be prepared on I I"x 17" PDF format with a scale of I"=40' unless otherwise noted. All CARD files submitted will be compatible with MicroStation V-*I version "dgn"file format. Conversion of model files to AutoCAD "dwg" file format may also be provided. 2. No roadway cross sections will be required as part of this deliverable. 3. No roadway reprofiling will be required. 4. This proposal is for conventional storm drain design within public ROW and does not incorporate stormwater detention or water quality controls, low impact development measures,or green infrastructure. 5. No driveway summaries will be required. 6. No illumination design is required. 7. No Traffic Signal Design is required. 8. No USACE Section 404 Individual or Nationwide permitting is required. 9. Developing long-term temporary water and wastewater service and shutdown/improvements phasing plans will not be required. It is assumed new water and wastewater mains can be constructed parallel to existing mains to allow continuous service until new connections are made at which point short-term shutdowns will be coordinated by the Contractor and City per specifications. TASK 3 60%PS&E DELIVERABLES: I. Easement survey plat and metes and bounds (for up to 3 parcels) in PDF 2. Geotechnical data report PDF 3. SUE Data(Microstation file and PDF) 4. 60 %PS&E Submittal for 1 construction package a. 60%Plans (PDF) i. Cover and project notes sheet City of Round Rock Page 8 of 15 Exhibit B ii. Control and alignment layout sheets iii. Site layout sheet with construction limits iv. Plan and profile sheets for drainage improvements v. H&H sheets vi. plan and profile sheets for water line replacement vii. plan and profile sheets for wastewater line replacement viii. miscellaneous water and wastewater details ix. mill and overlay plan sheets x. ROW and easement layouts with project improvements xi. Typical Section sheets xii. miscellaneous roadway and drainage details xiii. Temporary erosion and sedimentation control plan(SW3P) xiv. phasing plan sheets xv. City Standard water/wastewater details sheet b. List of applicable technical specifications and special specifications in PDF c. 60%Class 3 OPCC in PDF 5. 30%Comment responses 6. Utility Conflict Matrix and Layout in PDF Task 4—90% PS&E Design The following scope of services is comprised for the 90% Design PS&E development of the entire project area(Figure 1). Task 4.01 -90%PS&E Engineer will develop 90%design of proposed storm drain system, water distribution and wastewater collection system replacements,and pavement mill and overlay plan in accordance with applicable City and TxDOT design criteria and specifications. 90%design development tasks will include: a) Finalize 60%design Infoworks ICM H&H model for 90%design of storm drain system including inlet locations and spacing and pipe sizes. b) Update storm drain system plan and profiles. c) Update proposed storm drain outfall structure at Brushy Creek. d) Update hydrologic and hydraulic data sheets. e) Update wastewater collection system plan and profiles and service line replacements f) Update water distribution system plan and profiles and service line replacements g) Update typical sections (existing and proposed) h) Update mill and overlay plan sheets with SW3P i) Update standard details and create special details(non-structural). j) Update Traffic Control Plan sheets k) Update cover and general notes,general layout sheets, horizontal control and alignment sheets 1) Develop 90%OPCC. City of Round Rock Page 9 of 15 Exhibit B m) Deve op Division 00 and 01 requirements and specifications,technical specifications, speci I specifications,and special provisions. n) FinA ze proposed easement sketches(up to three (3)parcels) by Inland o) Perfo m 90%PS&E QA/QC review p) Deve op and submit a Water Pollution Abatement Plan (WPAP)and associated Geologic Asses ment in accordance with Edwards Aquifer Rules and requirements to TCEQ and addre s comments through approval. q) Develop and submit an Organized Sewage Collection System(SCS) plan in accordance with Edwards Aquifer Rules and requirements to TCEQ and address comments through appro val. TASK 4 0% PS&E ASSUMPTIONS (in addition to 60% PS&E assumptions noted above): 1. No structural design is required. 2. Utility relocation design (in addition to water and wastewater replacement design) is not included in this scope of work. 3. This scope does not include field construction inspection services for existing utility relocations. TASK 4 9)%PS&E DELIVERABLES: 1. 90 %PS&E Submittal for 1 construction package a. 90%Plans(PDF) i. Cover and project notes sheet. ii. Control and alignment layout sheets. iii. Site layout sheet with construction limits. iv. Plan and profile sheets for drainage improvements. v. H&H sheets. vi. Plan and profile sheets for water line replacement. vii. Plan and profile sheets for wastewater line replacement. viii. Miscellaneous water and wastewater details. ix. Mill and overlay plan sheets. x. ROW and easement layouts with project improvements. xi. Typical Section sheets. xii. Miscellaneous roadway and drainage details. xiii. Temporary erosion and sedimentation control plan (SW3P). xiv. Phasing plan sheets. b. 90%Project Manual in Word/PDF c. 90%Level 3 OPCC in PDF 2. Easement survey plat and metes and bounds(for up to 3 parcels) in PDF 3. 60%Comment responses PDF 4. Updated Utility Conflict Matrix& Layout PDF S. Final WPAP and SCS plans in PDF. Task S— 00% PS&E Design City of Rouric Rock Page 10 of 15 Exhibit B The following scope of services is comprised for the 100%Design PS&E development of the entire project area(Figure 1). Task 5.01 - 100%PS&E Engineer will develop 100%design of proposed storm drain system,water distribution and wastewater collection system replacements, and pavement mill and overlay plan in accordance with applicable City and TxDOT design criteria and specifications. 100%design development tasks will include: a) Finalize storm drain system plan and profiles. b) Finalize proposed storm drain outfall structure at Brushy Creek. c) Finalize hydrologic and hydraulic data sheets. d) Finalize wastewater collection system plan and profiles and service line replacements e) Finalize water distribution system plan and profiles and service line replacements f) Finalize typical sections(existing and proposed) g) Finalize mill and overlay plan sheets h) Finalize standard details and special details (non-structural). i) Finalize Traffic Control Plan sheets j) Finalize cover and general notes, general layout sheets, horizontal control and alignment sheets k) Finalize Project Manual. 1) Finalize 100%OPCC. m) Perform 100%PS&E QA/QC review. TASK 5 100%PS&E ASSUMPTIONS (in addition to 60%and 40%PS&E assumptions noted above): 1. No additional assumptions. TASK 5 100% PS&E DELIVERABLES: 1. 100%PS&E Submittal for l construction package a. 100%Plans (PDF) L Cover and project notes sheet. ii. Control and alignment layout sheets. iii. Site layout sheet with construction limits. iv. Plan and profile sheets for drainage improvements. V. H&H sheets. vi. Plan and profile sheets for water line replacement. vii. Plan and profile sheets for wastewater line replacement. viii. Miscellaneous water and wastewater details. ix. Mill and overlay plan sheets. X. ROW and easement layouts with project improvements. xi. Typical Section sheets. xii. Miscellaneous roadway and drainage details. City of Round Rock Page 11 of 15 Exhibit B xiii. Temporary erosion and sedimentation control plan(SW3P). xiv. Phasing plan sheets. d. 100% Project Manual in Word/PDF e. 100% Level 3 OPCC in PDF 6. 90%Comment responses PDF 7. Final Utility Conflict Matrix& Layout PDF a. Utility Contact List b. Communication Tracking Log c. Utility Status Report Task 6—Existing Utility Coordination Task 6.0 — Existing Utility Coordination Engineer will provide existing utility relocation coordination services to coordinate relocation of conflicting utilities prior to project construction, including the following tasks: a) Main in Utility Contacts List and Communication Log. b) Send ut formal Notification Letters communicating project timeline and expected utility reloc tions timeframe. c) Coordinate and Conduct Utility Project Kick-off Meeting(includes invites,preparation, ages , and meeting minutes) (Assume 1 virtual meeting maximum). d) Prepa ation and Delivery of Utility Status Reports, Coordination with Project Team. e) Coor inate and Conduct individual utility coordination meetings(incl meeting minutes) (Assumes average of 3 virtual meetings per utility- maximum of 24 meetings). f) Identi Fy Utilities with Compensable Rights. Engineer will investigate prior right claims by uti ities submitting such claims, Engineer will request appropriate documentation from utilities to validate prior rights and property interests. g) Revie m confirmed utility conflicts with each utility company and determine best mitigi tion or relocation solution of each. h) Obtai Formal Clearance Letters for Utilities not in conflict. i) Coor inate with each utility company to determine schedules including design time, long-1,-ad material time, moratorium periods, bidding/award time,construction timeframe and removal/proper abandonment. j) Preparation of Final Existing Utility Layout(includes all relevant project information, availa le SUE deliverables, Identified Conflicts, and QC). Layout is defined as a plotter Roll F lot(typical 36"x 52"Layout). k) Identi utility conflicts with proposed improvements(and constructability of improvements). Display potential utility conflicts on Utility Layout. 1) Popul ite Conflict Matrix based on Design, Develop Conflict Evidence as needed,QC. m) Provi(a design reviews of Utility Relocation Plans(max. 16 reviews). n) Provic a Final Contacts List,Coordination Tracking Log with Key Coordination and Meetii ig Minutes documented. o) Coord nation of Utility Permitting, Coordination of Utility Construction Scheduling, Progr ss, adjustments with client and Utility Owners. City of Roun Rock Page 12 of 15 Exhibit B Task 6.02—Subsurface Utility Engineering(SUE) Engineer will provide SUE services using subconsultant Lina T. Ramey and Associates (LTRA) including the following tasks: a) Engineer will develop SUE QL-B Work Plan at key project areas, and QL-A Test Holes Work Plan for SUE subconsultant at critical conflict locations. b) Engineer will provide coordination and management of SUE subconsultant and scheduling to complete SUE work. c) Engineer will conduct SUE QL-B services including designating known utilities by conventional geophysical means crossing the proposed geotechnical locations within the project areas. Utilities that will be marked include franchise and site utilities. Engineer will mark the location of the designated lines in the field using a combination of paint and pin flags. Upon completion of the field designating activities, Engineer will prepare a field sketch of the utilities found. d) Once all known utilities are designated, Engineer will scan the project area to search for unknown utilities. These"unknowns"can be defined as: utilities not shown on available utility record drawings, not known or recollected by site personnel and have no above ground features in close proximity to the project area. In order to find unknown utilities, Engineer will perform passive and inductive sweeps of the area.These sweeps will be conducted north to south, east to west and diagonally across the project area. e) Engineer will conduct SUE QL-A services including vacuum excavating up to 20 test holes as requested. Engineer will contact one call prior to beginning work and attempt to designate each line prior to completing a test hole. If the line is non toneable, Engineer will dig on the one call marks. Engineer will open width of test hole one foot of each side of the center line of the one call marks attempting to expose the utility. If no utility is found this will be considered a dry hole and counted as a completed test hole. TASK 6 UTILITY COORDINATION ASSUMPTIONS 1. Utility relocation design(in addition to water and wastewater replacement design) is not included in this scope of work. 2. This scope does not include field construction inspection services for utility relocations. 3. Test hole are assumed to be easily accessible with a VacMasters System 4000 vacuum excavation truck. TASK 6 DELIVERABLES ARE DEFINED IN THE 60%-100% PS&E DEVELOPMENT TASKS ABOVE. Task 7-Bid Phase The following scope of services is comprised for the Bid Phase Services of one construction package covering the entire project area(Figure 1). Task 7.01 —Bid Phase Services City of Round Rock Page 13 of 15 Exhibit B Engineer will provide bid phase services of proposed storm drain system,water distribution and wastewater collection system replacements, and pavement mill and overlay improvernents. Bid Phase service tasks will include: a) Prep re Issued for Bid contract documents. b) AssisL City in preparing bid advertisement. It is assumed that the project will be bid digitally on CivCast and contract documents will be distributed digitally. c) Attend pre-bid meeting(Attended by up to 2 HDR staff) d) Resp nd to contractor questions(up to 10 contractor questions) e) Prepare and post bid addenda(up to 2)on CivCast. f) Attend bid opening at the City (Attended by HDR PM) g) Prepare bid tabulation,evaluate bidders, and provide letter of recommendation. TASK 7 ASSUMPTIONS: 1. Pre-bid and bid opening meetings will be in-person at City offices 2. The City will coordinate meeting invites and agendas TASK 7DELIVERABLES: 1. Addenda for uploading to CivCast 2. Bid Tabulations in Excel 3. Award recommendation letter Task 8-Construction Phase The folio wing scope of services is comprised for the Construction Phase Services of one construct on package covering the entire project area(Figure 1). Task 8.0 —Construction Phase Services Engineer will provide construction phase services of proposed storm drain system,water distribute n and wastewater collection system replacements, and pavement mill and overlay improver ients. Construction Phase service tasks will include: a) Inco orate bid addenda into the contract documents and prepare conformed Issued for Cons ruction contract documents. b) Attend pre-construction conference to be conducted by the City. c) Review up to forty(40)submittals/shop drawings including up to two (2) resubmittals each. d) Respond to up to twenty (20) RFIs. e) Revic w up to five (5)contractor change proposal requests. f) Deve op and issue up to three (3)change orders. g) Perfo m periodic project site visits (estimated at 1 per month for 12 months) including atten( ing a monthly progress meeting lead by the City. h) Perfo Tn substantial completion walk through and develop punch list. i) Perfo m final completion walk through and provide notice of completion. j) Deve op record drawings. City of Roun I Rock Page 14 of 15 Exhibit B k) Assist with construction contract close-out coordination and documentation. TASK 8 ASSUMPTIONS: I. Engineer shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work,or to perform special inspections as defined in the applicable codes or required by the authorities having jurisdiction. Engineer shall not be responsible for the means, methods, techniques, sequences,or procedures of construction selected by the contractor or the safety precautions and programs incident to the work of the contractor. Accordingly, ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish or perform the Work,or any portion of the Work, in accordance with the Contract Documents. 2. Engineer shall not be responsible for the failure of the contractor to perform the construction work in accordance with the Contract Documents; however, Engineer shall report to the OWNER any deficiencies in the work actually identified by Engineer. 3. The City will be responsible for: a. Construction management and contract administration. b. On-site inspections of the construction work. c. Materials testing per the requirements of the Contract Documents. 4. Engineer will not: a. Provide post-construction professional services. b. Provide construction staking services. c. Provide services of a Resident Project Representative (RPR). d. Review a Shop Drawing or other Contractor submittal more than two times, as a result of repeated inadequate submissions by Contractor. e. Provide services provided by the City or its representatives. 5. Completion of record drawings will require up to I month following completion of construction. Record drawings will be based on Contractor provided as-builts? 6. Engineer will not perform construction engineering, inspection, or field measurements of installed items of work 7. The City will review and approve Contractor payment applications 8. The construction duration for the project will be approximately 12 calendar months. TASK 8 DELIVERABLES: I. RFI responses in PDF 2. Submittal/Shop Drawing reviews in PDF 3. CPR responses in PDF 4. Change Order in PDF 5. Substantial completion punch list in PDE 6. Notices of substantial and final completion 7. Record Drawings in PDF City of Round Rock Page 15 of 15 Exhibit B EXHIBIT C WORK SCHEDULE The primary 3roject schedule constraint is the American Rescue Plan Act grant funding requirement 1 vhich stipulates that a construction contract be awarded by December of 2024. The major projecl milestone durations are anticipated not to exceed that which is listed below. These durations inc ude up to one month of City review time for each milestone submittal. Durations may vary based on outside factors and conditions beyond Engineer or City's control such as difficulties with UPR approvals, property owners for easement acquisitions, or franchise utility relocation de ays. Survey 3 mo. from NTP H&H Model Update and 30% Design 4 mo. from Survey 60% PS&E esign 4 mo. from 30% Design 90%PS&E esign 3 mo. from 60%Design 100% PS&E Design 2 mo. from 90%Design Complete Ei iisting Utility Relocation Coordination/ 4 mo. from 100% Design Easement A quisitions(by City) Bidding/Construction Contract Award 4 mo.from Utility Relocations City of Roun Rock Page 1 of 1 Exhibit C Exhibit D Fee Schedule Project Name: Meadows Areas 2&4 Water,Wastewater,&Storm Drain Improvements Total Total Other TOTALS Task Labor Hours Loaded Labor Cost Direct Costs Subconsultants Task 1: Project Management(incl. UPR coordination mtgs) 392 $77,160.00 $501.50 $0.00 $77,661.50 Task 2: H&H Model Update&30%Design(Inc. Survey) 1242 $173,907.00 $141.60 $44,980.00 $219,028.60 Task 3: 60% Design (Including Geotech) 1378 $172,788.00 $0.00 $11,637.50 $184,425.50 Task 4: 90% Design 1034 $134,738.00 $0.00 $0.00 $134,738.00 Task 5: 100%Design 286 $41,664.00 $0.00 $0.00 $41,664.00 Task 6: Utility Relocation Coordination/SUE 520 $80,752.00 $88.50 $45,840.00 $126,680.50 Task 7: Bid Phase Services 118 $18,291.52 $347.50 $0.00 $18,639.02 Task 8: Construction Phase Services 385 $62,345.92 $1,178.80 $0.00 $63,524.72 15% Design Contingency I I 1 1 $129,954.28 GRAND TOTAL: 5355 1 $761,646.44 1 $2,257.90 1 $102,457.50 1 $996,316.12 Fee Schedule:D)(HIBIT D Meadows Areas 2 1114 Water,Wastewater,&Storm Drain Improvements PROJECT PROJECT OWQC SENIOR PROJECT PROJEct SR.UIPLIVES UTAmES ENVIRONMENTAL CAOD/GIS PROJECT AD"N PRINCIPAL MANAGER ENGINEER SENIOR ENGmEER CNGREER 11 ENGINEER Err COOMMATOR COORDINATOR SCIENTIST II TECHNICIAN ODNIROLLER ASST Torals 2022 HOURLY BILLING RATES IDesign) $ 285.00 $ 250.00 S 290.0 S 210.00 $ 180.00 S 145.00 $ 114.00 S 203.0 $ 145.00 $ 115.00 S 100.00 $ 100.00 S 65.0 2023 HOURLY BIWNG RATES(81ddilglConstmalon) $ 296A0 $ 260.00 $ 301.60 $ 218.40 $ 187.20 $ 150.80 $ 118.56 $ 211.12 $ 150.80 $ 119.60 $ 104.00 $ 104.00 $ 67.60 ITEM TASK DESCRIPTION 1 TASK i PROTECT MANAGEMENT 6 GENVIALCEM5 la Coordination and Management 2 60 24 4 40 130 lb Attend Project Kickoff 4 4 4 12 lc Stakeholder coordination meetings a to 3) 24 24 48 Id Design Review meetings 60190100 20 16 36 le Monthly Invoicing 12 12 12 36 1f Monthly Project Coordination Calls 24 20 20 64 III Subconsultant management 8 12 4 24 1h UPRR coordination meetings(up to 5) 2 20 20 42 subtotal hours 8 172 0 120 0 0 0 0 0 0 0 20 72 392 subtotal $ 2,280.00 S 43,000.00 $ $ 25,200.00 S $ 5 $ $ $ $ 5 2,000.00 5 4,680.00 S 77,160.00 2.01 ASK 2-01-H&H MODEL&STORM DRAIN DESt6N ALTERNATTYES UPDATE 2.01a Establish hydraulic design criteria 1 6 7 2.016 lConduct site visit(draina ) 6 1 6 2.01c-d Collect and review exist data 8 4 4 16 2.01e Develop updated exist condition ICM model 1 4 4 24 54 2 89 2.01f Developed up to 3 proposed storm drain 1 4 16 48 80 2 151 alternatives ICM models 2.01 Brushy Creek hydrologic Impact analysis 1 2 12 40 2 57 2.01h Model Results Summary&Mapping 1 2 16 30 8 57 2.011 Meet with CORR and present findings 4 4 6 2 16 subtotal hours 0 9 12 24 126 0 208 0 0 0 20 0 0 399 subtotal S $ 2,250.0 S 3,480.00 5 5,040.00 $ 22,680.00 $ $ 23,712.00 5 $ 5 S 2,000.00 $ $ $ 59,162.00 2.02 TASK 2.02-SURvEY 2.02a Topographic Survey 2 4 6 2.02b Boundary Surveying 2 4 6 subtotal h S $ 4.0 $ $ $ $ $ $ 5 $ 5 8.0 $ $ 12 subtotal $ $ 1,00.0 S $ $ $ $ S S $ S 80.0 S $ $ 1A00,00 Inland Geodetics,LLC(Sub)subtotal $ 44,980.00 2.03 TASK 2.0330%OESGIN&PHASING PLAN 2.03a Conduct Site VISIT 1 8 16 25 2.03b 307%b Schematic Roll Plot 20 6 60 60 84 140 370 2.03b.b30%Schematic Water/Wastewater Design 4 2 16 16 32 80 150 2.03c 30%Storm Drain/Mill&Overlay OPCC 1 1 4 8 16 30 2.03c 30%W/W W OPCC 1 2 4 10 17 subtotal hours 0 27 11 92 60 16 150 0 0 0 236 .0 0 0 592 subtotal S $ 6,7SO.0 S 3,190.0 5 19,320.0 S 10,80.0 S 2-320.001S 17,10.0 $ $ $ $ 23,60 $ $ $ 83,0 .00 City of Round 14.1, 2 of 4 Exhibit D 2.04 TASK 204 temAL EXISTING UEIL000Ko1NATION 2.04a Initial coordination/UtilitV Layout 4 20 60 B4 subtotal hours 0 4 0 20 0 0 60 0 0 0 0 0 0 84 subtotal $ $ 1,000.00 $ $ 4,200.00 $ $ $ 6,840.00 $ $ $ $ $ $ S 12,040.00 2.05 TASK 2.05 ENVIRDNMENFAL a PERMITTING 2.OSa Environmental Permitting Services 100 100 2.05b Cultural Resources 55 55 subtotal hours 0 0 0 0 0 0 0 0 0 3S5 0 0 0 155 subtotal $ S $ S $ S S S $ S 17,825.00 $ $ 5 S 17 25.00 301 TASK 3.01 GEMCKN U 3.01a 4BORES UP TO 20 FT 1 2 3 subtotal hours 0 1 0 2 0 0 0 0 0 0 0 0 0 3 subtotal $ S 250.00 $ $ 420.00 $ S 5 S $ $ $ $ $ S 670.00 Raba Kistner Sub subtotal S 11,63750 3D2 TASK 3.02.60%PS&E 3.02a Update Infoworks ICM H&H model 1 2 8 50 61 3.02b Storm Drain System P&P(3SOO LFI 2 24 50 ISO 240 466 3.02c Outfall structure at Brushy Creek 1 1 4 40 24 70 3D2d H&H Data sheets 1 2 24 16 43 3.02e Wastewater P&P 13500 LF) 1 2 4 16 32 90 135 3.02f Water Distribution P&P 13500 LF) 1 2 4 1 16 32 EO 13S 3.02g Typical sections 2 16 20 24 62 3D2h Mill&Overlay Plan Sheets/SW3P 2 4 10 24 50 90 3.021 Standard and Special Details 1 2 16 24 24 67 _12L Traffic Control Narrative and standards) 1 12 16 24 40 93 3.02k Cover and general front-end sheets 1 2 4 12 24 43 3.021 6096 Storm Draln/Mili&Overlay OPCC 1 2 10 20 33 3.021 60%W/W W OPCC 1 1 6 12 20 3.02m Develop list of technical specs 1 1 8 4 14 3.02n Easement Sketches jup to 31 1 2 4 12 19 3.02o QC 4 20 24 subtotal hours 0 22 24 61 150 32 472 0 0 0 614 0 0 1375 subtotal $ $ 5,500.00 $ 6,960.00 $ 12,810.00 $ 27,000.00 $ 4,640.00 $ 53,808.00 5 $ $ $ 61,400.00 $ S S 172,118.00 401 ASK4A1.90XPS&E 4.01a Update Infoworks ICM H&H model 1 1 4 24 30 4.01b Storm Drain System P&P(3500 LF) 1 16 24 100 180 321 4.01c Outfall structure at Brushy Creek 1 1 2 20 16 40 4.01d JH&H Data Sheets 1 2 SO 12 25 4.01e Wastewater P&P 1 2 4 10 20 40 77 4.01f Water Distribution P&P 1 2 4 to 20 40 77 4.01S Typical sections 1 4 8 10 23 401h M81&Overlay Plan Sheets/SW3P 2 4 8 8 16 38 4.011 Standard Details and Special Details 1 2 8 10 16 37 4.01) Traffic Control(Narrative and standards) 1 6 a 16 20 51 4.01k Cover and general front-end sheets 1 1 2 6 16 26 4.011.90%Storm Drain/Mill&Overlay OPCC 1 2 4 12 19 4.011 90%W/W W OPCC 1 1 4 a 14 4.01m Develop front ends and technical specs 2 a 20 32 8 70 401m Develop www technical specs 1 8 12 24 4 49 4.01n Easement Sketch Updates 1 2 4 7 4.010 QA/QC 420 24 4.01p WPAP submittal 1 1 4 8 40 4 58 Cm,of Rmrd P-L 204 EANt 0 4.01q SCS submittal 1 1 4 8 32 2 48 subtotal hours 0 23 26 68 121 16 392 0 0 0 376 0 12 1034 subtotal S S 5,750.00 $ 7,540.00 5 14,280.00 S 21,780.00 $ 2,320.00 S 44,688.00 5 $ $ $ 37,600.00 $ $ 780.00 S 134.738.00 5.01 TASK 5.01.10016 PSLE S.Oia Storm Drain System P&P 1 5 5 15 20 46 5.01b Outfall structure at Brushy Creek 1 2 S.Olc H&H Data Sheets 1 1 2 4 8 S.OSd Wastewater P&P 1 2 2 4 8 SO 27 S.Oie Water Distribution P&P 1 2 2 4 8 10 27 S.Olf Typical sections 1 2 4 6 13 S-019Mill&Overlay Plan Sheets/SW3P 1 2 4 6 8 21 S.Olh Standard Details and Special Details 1 2 2 4 8 17 5.011 Traffic Contra)(Narrative and standards) 1 2 2 8 12 25 S.Oij Cover and general front-end sheets 1 1 1 4 12 19 S.Olk flFinalize project manual 2 6 12 10 4 34 5.011 100%Storm Drain/Mill&Overlay OPCC 1 2 4 4 11 5.011 10095 WJWW OPCC 1 2 4 4 11 S.Oim 0Ai 4 10 14 subtotal hours 0 18 14 29 44 0 81 0 0 0 96 0 4 286 subtotal $ $ 4,500.00 $ 4.060.00 $ 6,090.00 $ 7,920.00 S 5 9,234.00 5 S $ S 9,600.00 S $ 260.00 S 41.664.00 5.01 TASK 6.01-UTIUTY COORDINATION 601a maintain utility Contact Ust,Communication 2 4 8 22 2 38 Log 601b Develop and mail Formal Project Notification 1 1 1 1 2 6 Letters,timelines 601c Host Utility Project Kick-Off Mtg 2 4 2 4 2 14 601d Preparation of Utility Status Reports, SO 8 4 16 38 coordination with project team 601e Individual Utility Coord Meetings(3 mtgs per 8 24 18 32 82 utility,Maximum 24 m 601f Coordination of prior rights claim by utilities, 2 4 6 investiation 6Olg Review conflicts with utility companies and 4 6 2 8 20 project team to develop conflict resolutions 601h Obtain Clearance letters from utilities not in 2 4 6 conflict 6011 Coordinate relocation scheduleswlth utilities 4 4 4 12 24 001,f Develop Utility Layout with SUE data,project 4 4 12 4 24 designs,legend 36"42" QC 6Oik Identify Utility Conflicts,Analyze Conflicts based 8 24 2 12 46 on design Populate Conflict Matrix based on Design, 51111 Develop Conflict Evidence as needed,QC 4 30 40 2 8 60 601m Provide design reviews of Utility Relocation Plans 4 8 22 4 8 46 (max.16 reviews) JProvide Final Utility Layout,Conflict Matrix, 601n Contacts Ust,Coordination logs,key Mtg 4 4 8 1 6 23 Minutes 6010 Co0rd.of Utility Permitting&Construction g 18 18 24 68 Scheduling subtotalhours 0 0 16 73 0 0 175 70 165 0 0 0 6 SOS subtoal S $ S 4.640.00 $ 15,330.00 $ 5 5 19,950.00 15 14,210.00 S 23,925.00 5 $ S $ 390.00 S 78A49.00 6.02 TASK 6Aa SUE Cite of RtwtdR 1, 3014 E0611 ? j k <.6tatal�Io-5. G U 6 i " u 6 ' -. 4 rz C7 F$ stjbt€at.] 5 S 5 - $ -.�1t3'dd $ - $ ---izR-46 F, 203.00 S 58000 2,307.00 - - -- €TRA.IS I s.rd,atal 4$,940.00; 7M 7.03 6,-'Phase Services I 1 2v1 p „a,e:Riso-td ume`t, -6 ? 4 35 ]76110 pre;I vid zd 4_;€c',1t 4 7.tl2d;Rczocnl to odde:-due €a3 t.;rz cc 1f)1 [ z I .1 4 ----_ -__-- - z. j 7.01e Pe ar,—d-1�ddt da Evo 1.21 F 6 i2 2 32 7,61(lAttend od cPenmg _. -__ [ 1 6 7.0 g;n.d sev,d dd eva:-at:on,eraerot eee F 26 6 22 0 G a is 46-v:;5 z�u3.t.0;t 2. +,n[5 -�-i s �,E 32€ 15 i C€ -z..i 5 18.291.$2 6.01 .iasc a,pa-er;s;n,dn PhsseSm>tas E{ - s - 1 8.31 --c -.--. II i , �. .� �d IF c n.:a,f dap. 27 € I B.Qla At end pr --ginee[ing ---._ -.---__ - -- =1 12 801,lgevlc t cu sea Uon--gal,€.p 1.40) 26 � .02d,,k_ur la I-RFtx(°ap to 261 _-. __ -2 -.----- _ll � 20 Me 211—CV'Rs WDIO 512 j 8.0. .v___aa d, .. alg o - - ----. 212 , A 32 i a.G_g p Town le-'sits hip to l € i5 ? is6 94 8 f 5 a,.,nr;I ccmp on .t€ru 2 14 a ss eamto 3.-3ta;d&2.�en.-$;^e.=`v &GIj Develop r card drawings [ 3 6 6 2= I 24 63 B.QFk,CaEtsir—1-act case-avf co-d&:dae�m�nts 1. ? 2 ---.- 's --_ 13 hour. 65 ? FF6 6 =7: 0 0 6 3=1 6 46 385 D,1ac,oe 5 qC-1,86 .t M.-Ct i$ 62,345.92 EXPL-Nal7 T.t 5 S;�ATIIi.].i lEs j 5th,36:.h-' ;§ WNIINU CY 1.29.91 ICTAl_NOT O TO C FEE $ 345,314,12 EXHIBIT : 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 FRA2 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion FR-13 Lobbying and Influencing Procurement FR-14 Domestic Preference for Procurements FR-15 Procurement of Recovered Materials Page 21 FEDERAL REQUIREMENTS: FR-01 BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. Page 22 FEDERAL REQUIREMENTS: FR-02 TERMINATION OF CONTRACT 1 Th City may, by written notice, terminate this contract in whole or in part at any t me, either for the City's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discoi itinued (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 tie termination is due to failure to fulfill the contractor's obligations, the City may ake over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the City for any additional cost occasioned to the City thereby. 4 If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in this clause. 5 The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this contract. Page 23 FEDERAL REQUIREMENTS: FR-03 EQUAL EMPLOYMENT OPPORTUNITY-Executive Order 11246 as amended. 41 CFR PART 60-1.4(b) During the performance of this contract,the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. c. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representatives of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. e.The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of Page 24 September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The contractor will include the provisions of paragraphs (1) through (7) in eve 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 resuli of such direction by the administering agency the contractor may request the Unite 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. 23 0] 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 a directed. Compliance Reports shall be filed within such times and shall cant in such information as to the practices, policies, programs, and empl yment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may presc ribe. 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. Whei iever the contractor or subcontractor has a collective bargaining agreement or of ier contract or understanding with a labor union or an agency referring work rs or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or a ency's practices and policies affecting compliance as the Secretary of Labo may prescribe: Provided, That to the extent such information is within the exclu 3ive possession of a labor union or an agency referring workers or proviling or supervising apprenticeship or training and such labor union or agen y shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. The Secretary of Labor may direct that any contractor or subcontractor shall submit, as part of his/her Compliance Report, a statement in writing, signed by Page 25 an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684; EO 12086 of Oct. 5, 1978,43 FR 46501, 3 CFR, 1978 Comp., p.230] Page 26 FEDERAL REQUIREMENTS: FR-04 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS -41 CFR Part 60.4.3 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Progr ms (OFCCP)I U.S. Department of Labor, or any person to whom the Director delegates autho ity; 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 portioi i of the work involving any construction trade, it shall physically include in ea h subcontract in excess of $10,000 the provisions of these specifications and t ie Notice which contains the applicable goals for minority and female partici 3ation 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 individ ually or through an association, its affirmative action obligations on all work n the Plan area (including goals and timetables) shall be in accordance with t iat Plan for those trades which have unions participating in the Plan. Contri ctors shall be able to demonstrate their participation in and compliance Page 27 with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically Page 28 ensui e that all foremen, superintendents, and other onsite supervisory personnel are ware of and carry out the contractor's obligation to maintain such a worki ig environment, with specific attention to minority or female individuals worki ig at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sourc Bs, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have empIc yment opportunities available, and maintain a record of the organizations' respo ises. 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 union, a recruitment source, or community organization and of what action wast ken 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 fi e 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 upgra Jing programs and apprenticeship and trainee programs relevant to the contr ctor'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 uni ns and training programs and requesting their cooperation in assisting the contrz ctor in meeting its EEO obligations; by including it in any policy manual and collec ive bargaining agreement; by publicizing it in the company newspaper, annuE I report, etc.; by specific review of the policy with all management perso inel 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 respo sibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. Page 29 h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. L Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. M. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. P. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member Page 30 and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensur s that the concrete benefits of the program are reflected in the contractor's minor ty and female workforce participation, makes a good faith effort to meet its indivi ual goals and timetables, and can provide access to documentation which demo istrates the effectiveness of actions taken on behalf of the contractor. The i ibligation 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 nonc mpliance. 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 exam 3le, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a speci is 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 debarredfrom 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 susp sion, termination, and cancellation of existing subcontracts as may be impo d or ordered pursuant to Executive Order 11246, as amended, and its impler ienting 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 stand rds prescribed in paragraph 18.7 of these specifications, so as to achieve maxin um results from its efforts to ensure equal employment opportunity. If the contra-tor fails to comply with the requirements of the Executive Order, the impler ienting regulations, or these specifications, the Director shall proceed in accor ance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all emplo ment related activity to ensure that the company EEO policy is being carried out, tc submit reports relating to the provisions hereof as may be required by the G vernment, and to keep records. Records shall at least include for each emplo tee, the name, address, telephone number, construction trade, union affiliat n if any, employee identification number when assigned, social security Page 31 number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents. Page 32 FEDERAL REQUIREMENTS: FR-06 COP LAND "ANTI-KICKBACK" ACT—18 U.S.C. 874 l 40 U.S.C. 276c l 29 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. 74. Kickbacks from public works employees "Who Dver, by force, intimidation, or threat of procuring dismissal from empic yment, or by any other manner whatsoever induces any person empl yed in the construction, prosecution, completion or repair of any public builditig, 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 $5,00 or imprisoned not more than five years, or both." TITLE 40, U.S.C. (as amended) Sec. 276c, Regulations governing contractors and subcontractors "The ecretary of Labor shall make reasonable regulations for contractors and subco tractors engaged in the construction, prosecution, completion or repair of pu lic buildings, public works or buildings or works financed in whole or in part by to ns or grants from the United States, including a provision that each contr ctor and subcontractor shall furnish weekly a statement with respect to the ages paid each employee during the preceding week. Section 1001 of Title 8 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. 1332 note): "In order to assure coordination of administration and consistency of enfor ement of the labor standards provision of each of the [foregoing and other enumerated] Acts by the Federal agencies responsible for the admin stration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed by these agenc es, 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 deem desirable, ..." Page 33 FEDERAL REQUIREMENTS: FR-06 FEDERAL LABOR STANDARDS PROVISIONS (HUD 4,010) 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: w�SA�Mov Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 1. (i) Minimum Wages All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without Subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits, (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechianics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a.)(1)(rv); 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 proviidecl in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the Pagc 34 work in a prominent and accessible place where it can easily be seen by the workers. (ii) (a) Any class of laborers or mechanics, which is not listed in the wage deter ination and which is to be employed under the contract shall be classified in cor formance with the wagedetermination. HUD shall approve an additional classi ication and wage rate and fringe benefits therefore only when the follo ng criteria have been met: (1) T e 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 classi ication (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benef is 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 dministrator, or an authorized representative, will approve, modify, or disap rove 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 perio4 that additional time is necessary. (Approved by the Office of Management and E udged under OMB control number 12150140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classi ication or their representatives, and HUD or its designee do not agree on the propo ed classification and wage rate (including the amount designated for fringe benef ts where appropriate), HUD or its designee shall refer the questions, includ ng the views of all interested parties and the recommendation of HUD or its desigiiee, to the Administrator for determination. The Administrator, or an autho ized 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) T e wage rate (including fringe benefits where appropriate) determined pursu nt to subparagraphs (1)(ii) (b) or (c) of this paragraph, shall be paid to all worke performing work in the classification under this contract from the first day on win ch work is performed in the classification. (iii) enever the minimum wage rate prescribed in the contract for a class of labor rs or mechanics includes a fringe benefit which is not expressed as an hourIV rate, the contractor shall either pay the benefit as stated in the wage deterr iination or shall pay another bona fide fringe benefit or an hourly cash equiv, lent thereof. Page 35 (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budged under OMB control number 12150140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to David-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b) (2) (B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and Page 36 wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215- 0017. (it) ( ) 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 r arty to the contract, but if the agency is not such a party, the contractor will subm t 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 accur tely and completely all of the information required to be maintained under 29 CFR .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. Gove nment Printing Office, Washington, D.C. 20402. The prime contractor is respo isible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Num ers 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 r 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 compete; (2) T iat each laborer and mechanic (including each helper, apprentice and traine ) 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 :han 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 perforrned, as specified in the applicable wage determination incorporated into the contr ct. (c) Tit e weekly submission of a properly executed certification set forth on the revers a 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) Tie falsification of any of the above certifications may subject the contractor or sut contractor to civil or criminal prosecution under Section 1001 of Title 18 and Sectic n 231 of Title 31 of the United States Code. (iii) a contractor or subcontractor shall make the records required under parag aph A.3.(i) available for inspection, copying or transcription by authorized representatives of HUD or its designee, or the Department of Labor, and shall permil such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make Page 37 them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to 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 under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by Page 38 formal certification by the U.S. Department of Labor, Employment and Train ng Administration. The ratio of trainees to journeymen on the job site shall not bg greater than permitted under the plan approved by the Employment and Train ng Administration. Every trainee must be paid at not less than the rate speci led in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the appli able 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 bene its listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with Ile corresponding journeyman wage rate on the wage determination which provi es for less than full fringe benefits for apprentices. Any employee listed on the p yroll at a trainee rate who is not registered and participating in a training plan pproved by the Employment and Training Administration shall be paid not I ss than the applicable wage rate on the wage determination for the class i kation of work actually performed. In addition, any trainee performing work on th 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 Admi istration withdraws approval of a training program, the contractor will no longe be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is appro ved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal empl yment opportunity requirements of Executive Order 11246, as amended, and 2 3 GFR 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 parag aph A and such other clauses as HUD or its designee may by appro riate instructions require, and a copy of the applicable prevailing wage decisi 3n, 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 contre ct clauses in this paragraph. 7. Co tract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 m y be grounds for termination of the contract, and for debarment as a contrs ctor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and ir terpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. Page 39 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD, the U.S. Department of Labor, or the employees or their representatives. 10. (1) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded. Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CF Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12 (a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S. Criminal 1001. Additionally, U.S. Criminal Code Section 1 01 0, Title 18, U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C, "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ..... influencing in any way the action of such Administration....makes, utters or publishes any statement knowing the same to be false.....shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provision of this Contract are applicable shall be discharged or in any other manner discrimination against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. Page 40 WAGE RATES "Gen ral Decision Number: TX20210007 01/01/2021 Superseded General Decision Number: TX20200007 Stat : Texas Cons ruction Types: Heavy and Highway Coun ies: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos, Burl son, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall, Lampasas, McLennan, Medina, Robertson, Travis, Will'amson and Wilson Counties in Texas. HEAV (excluding tunnels and dams, not to be used for work on S wage or Water Treatment Plants or Lift / Pump Stations in Ball, Coryell, McClennon and Williamson Counties) and HIGH AY 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 afte January 1, 2015. If t is contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is high r) for all hours spent performing on the contract in cale dar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that clas ification at least the wage rate determined through the conf rmance process set forth in 29 CFR 5.5 (a) (1) (ii) (or the i3O minimum wage rate, if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annu lly. Please note that this EO applies to the above- ment oned types of contracts entered into by the federal gove nment that are subject to the Davis-Bacon Act itself, but t does not apply to contracts subject only to the Davi -Bacon Related Acts, including those set forth at 29 CFR .1 (a) (2) - (60) . Additional information on contractor requ rements and worker protections under the EO is avai able at www.dol.gov/whd/govcontracts. Page 41 Modification Number Publication Date 0 01/01/2021 * SUTX2011-006 08/03/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving and Structures) . . . . . . . . . . . . . . . . . . . . . .$ 12.56 ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 26.35 FORM BUILDER/FORM SETTER Paving & Curb. . . . . . . . . . . . . . .$ 12.94 Structures. . . . . . . . . . . . . . . . . .$ 12.87 LABORER Asphalt Raker. . . . . . . . . . . . . . .$ 12.12 Flagger. . . . . . . . . . . . . . . . . . . . .$ 9.45 Laborer, Common. . . . . . . . . . . . .$ 10.50 Laborer, Utility. . . . . . . . . . . .$ 12.27 Pipelayer. . . . . . . . . . . . . . . . . . .$ 12.79 Work Zone Barricade Servicer. . . . . . . . . . . . . . . . . . . .$ 11.85 PAINTER (Structures) . . . . . . . . . . . . .$ 18.34 POWER EQUIPMENT OPERATOR: Agricultural Tractor. . . . . . . .$ 12.69 Asphalt Distributor. . . . . . . . .$ 15.55 Asphalt Paving Machine. . . . . .$ 14.36 Boom Truck. . . . . . . . . . . . . . . . . .$ 18.36 Broom or Sweeper. . . . . . . . . . . .$ 11.04 Concrete Pavement Finishing Machine. . . . . . . . . . .$ 15.48 Crane, Hydraulic 80 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 Sery cer. . . . . . . . . . . . . . . . . . . . . . . . .$ 14.51 Stee Worker Reinforcing. . . . . . . . . . . . . . . . .$ 14.00 Structural. . . . . . . . . . . . . . . . . . $ 19.29 TRAF IC 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 ---- ------------------------------------------------------- WELD RS - Receive rate prescribed for craft performing oper I tion to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leav for Federal Contractors applies to all contracts subject to the Davi -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 55 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . ------------------------------------------------------------ The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate(weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Page 44 Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may incl de both union and non-union rates. Example: SULA2012- 007 /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. Uniot Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---- ------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: Page 45 * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Page 46 Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) kll decisions by the Administrative Review Board are fina . ---- ------------------------------------------------------- ---- ------------------------------------------------------- END OF GENERAL DECISION of Page 47 FEDERAL REQUIREMENTS: FR-07 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph(1) of this paragraph above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph (11 of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this paragraph. (4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this paragraph and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. (5) Health and Safety. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. Page 48 The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 Bt seq. The Contractor shall include the provisions of this paragraph in every subcontract so th t such provisions will be binding on each subcontractor. The Contractor shall ake such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Sicretary. 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 Contr ctor shall maintain an acceptable cost accounting system. The Contractor agrees to rovide the Sponsor and the Comptroller General of the United States or any of their du 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 o making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed Page 51 FEDERAL REQUIREMENTS: FR-10 CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. Page 52 FEDERAL REQUIREMENTS: FR-11 ENERGY CONSERVATION REQUIREMENTS The =tractor agrees to comply with mandatory standards and policies relati g to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law -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 principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Page 54 FEDERAL REQUIREMENTS: FR-13 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to an person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an er iployee 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 ny 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 a 3ency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. Page 55 FEDERAL REQUIREMENTS: FR-14 DOMESTIC PREFERENCE FOR PROCUREMENTS As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under the award, provide a preference for the purchase, acquisition, or use of 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-Feder#1 entity that is a state agency or agency of a political subdivision of the state and its contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resourc Conservation and Recovery Act. The requirements of 6002 include procuring only items d igned in guidelines of the EPA at 40 CFR 247 that contain the highest percentage of recovered aterials practicable consistent with maintaining a satisfactory level of competition, where the PL rchase 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. EMMIT F Certificates of Insurance Attached Behind This Page 7 Page 1 of 2 ACORa►� DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 01/07/2022 THIS CERTIFICATE IS ISSU D AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT FIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CER1n1FICA1 E OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRO UCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the cartifice a holder is an ADDITIONAL INSURED,the pollcy((es)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVE ,subject to the terns and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not con er rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Willis Towers Watson Certificate Center Willis Towers Watson Midwes , Inc. c/o 26 Century Blvd PHONE . 1-877-945-7378 jFAA1CXNo: 1-888-467-2378 P.O. Box 305191 App certificates@willis.com Nashville, TN 372305191 USA INSURER AFFORDING COVERAGE NAICO INSURERA' Liberty Mutual Fire Insurance Company 23035 INSURED INSURER B: Ohio Casualty Insurance Company 24074 HDR Engineering, Inc. 1917 South 67th Street INSURER C: Liberty Insurance Corporation 42404 Omaha, NE 66106 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:W23728100 REVISION NUMBER: THIS IS TO CERTIFY THAT THPOLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDI G ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUE OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITION OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. tNSR TYPE OF INSURANCE ADDL BR POLICY EFF POLICY EXP LTR POLICY NUMBER LIMITS X COMMERCIAL GENERAL II.1TY EACH OCCURRENCE $ 2,000,000 MA CLAIMS-MADE a CUR PRtMISESbEx $ 1,000,000 A X Contractual Liabili y MED EXP(Any one n $ 10,000 Y Y T82-641-444950-031 06/01/2021 06/01/2022 PERSONAL 3ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMrrAPPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY�JEST a LOC PRODUCTS-COMP/OPAGG S 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLELIMIT $ 2,000,000 E accident )( ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y Y AS2-641-444950-041 06/01/2021 06/01/2022 BODILY INJURY(Per accident) $ AUTOS ONLY AUTC S HIRED NO WNED PROPERTY DAMAGE $ AUTOS ONLY AUTC S ONLY accidardi S B UMBRELLA LIAO X C.ICUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB C IMS-MADE Y Y EUO(22)57919363 06/01/2021 06/01/2022 AGGREGATE $ 5,000,000 DED I X I RETENTION 0 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY X STATUTE ER C ANYPROPRIETOR(PARTNERIMC Y/N E.L.EACH ACCIDENT $ 1,000,000 OFFICEMMEMBEREXCLUDED? No NIA Y NA7-64D-444950-011 06/01/2021 06/01/2022 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes des under 1,000,000 DESCRIPTION OF OPERATIONS E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCA NS/VEHICLES(ACORD 101,Addttlonal Remarks Schedule,maybe attached It more space Is regulred) Certificate Holder is n d as Additional Insured on General Liability, Automobile Liability and Umbrella/Excess Liability on a Primary, on-contributory basis where required by written contract. Waiver of Subrogation applies on General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation where required by written contract and as permitted by law. Umbrella/Excess policy is follow form over General Liability, Auto Liability and Employers Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock Attn: City Manager / Federico Sanchez AUTHOR¢EDREPRESENT((A}�TIYE 221 East Main Street C��� F'rtVY,t9/Fd Round Rock, TX 78664 (/ m 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD an TO: 22073036 BATCH: 2363853 AGENCY CUSTOMER ID: _ LOC#: AC 0® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis Towers Watson Midwest, Inc. BDR Engineering, Inc. 1917 South 67th Street POLICY NUMBER Omaha, WE 68106 See Page 1 CARRIER MAIC CODE See Page 1 See Page 1 EFFECME DATE:See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER 25 FORM TITLE: Certificate of Liability Insurance Re: The work to be performed by HDR, Engineering, Inc. (Engineer) for this work shall consist of providing engineering services for Schematic updates and PS&E Development in accordance with the City of Round Rock and/or TxDOT standards and Specifications as agreed to with the City of Round Rock (CITY). ACORD 101 (2008101) C 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 22073036 BATCH: 2363853 CERT: W23728100 No Text i%/i / r� '�,p➢'� / y��l � r �� f i 111 �i f��� /, l a r t i ly i l(�� ,,✓ r .r ini0fll I / �, o, D� � rrG i �r ✓ r ,� y rE 1 r � i r / r f� f I" ✓%' ,� rI� � 1%, r i//� � I ��ill/�„ r � �„„ ,� � a r�/��1' r.�"�� ��R""°i, r .:.it"�u" .; y " Ir^ ,o r ui l p r � r ! l u, J r� � 111111� dry" iii� i a �er� dry[ Miw�r� i f i,t;,, .a Meadows Area 2 4 No Text