Contract - HDR Engineering, inc. - 2/24/2022 JTE °s
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERINGSERVICES
I ENGINEERING,INC. ("Engineer")
ADDRESS: 710 ester's Crossing, Suite 150, Round Rock, Texas 78681-7839
PROJECT: .Meadows Area 2 & 4 Water,Wastewater and Strom ri _I prove ents
THE STATE OF TEXAS
COUNTY ILI S
TI CONTRACT FOR
ENGINEERING SERVICES ("Contract") is made and entered into on
this the day of 2022 by and between the CITY OF ROUND ROCK, a Texas home-
rule municipal corporation, wh e offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
CIALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City desires to use American Rescue Plan funds fees and costs associated with the
Project;
WHEREAS, City shall comply with the requirements of 2 CFR Part 200 and any other
applicable federal requirements related to the procurement and expenditure of fees and costs related to
the Project;
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
— -.
Engineering Se ices Contract
0199.202207;4857-8832-46211W
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NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows,
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE I
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services,"
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule," Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACTTERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not perform the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
performed or costs incurred after the date of termination shall not be eligible for reimbursement.
Engineer shall notify City in writing as soon as possible if heishe/it determines, or reasonably
anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule.
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(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Engineering Services
required herein so that construction of the project will be commenced and completed as scheduled. In
this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all Engineering Services required under this Contract in a professional manner.
(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Nine Hundred Ninety-Six Thousand Three Hundred Sixteen and 121100 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.
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The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from hisiber/its
negligence.
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A,, Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non-disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued,
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
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Federico Sanchez
Project Manager
3400 Sunrise Road
Round Rock, Texas 78665
Telephone Number(512) 218-6609
Fax Number (512) 255-6911
Email Address' fsanchez�(i c.,,kitgoasal
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 Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Manual Zuvia, PE
Project Manager
710 ester's Crossing, Suite 150
Round Rock, TX 78681-7839
Telephone Number(210) 841-2832
Fax Number (210) 841-2828
Email Address Manuel z viae l•udrinc.com
ARTICLE
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
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(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be affected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both par-ties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/shed'it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be
executed between the parties as provided in Article 13, Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer relating to additional work not directly associated with the performance of the Engineering
Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article I I-
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
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due for such Engineering Services.
ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (I) 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 confin-nation of the fee for services to be paid under this
Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright
Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other
intellectual property rights acknowledged by law in the Project designs and work product developed
under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or
damage to any such documents while they are in the possession of or while being worked upon by
Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors.
All documents so lost or damaged shall be replaced or restored by Engineer without cost to City.
Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's
work and documents for purposes of constructing, using and maintaining the Project, provided that City
shall comply with its obligations, including prompt payment of all sums when due, under this Contract.
Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If
and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other
similarly credentialed design professionals to reproduce and, where permitted by law, to make changes,
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corrections or additions to the work and documents for the purposes of completing, using and
maintaining the Project.
City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Engineer. However, City shall be permitted
to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use in their execution of the Work.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for
similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of
Service shall be at City's sole risk and without liability to Engineer and its Engineers.
Prior to Engineer providing to City any Instruments of Service in electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City and
Engineer shall by separate written contract set forth the specific conditions governing the format of such
Instruments of Service or electronic data, including any special limitations not otherwise provided in this
Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is
at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and
any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed
copies of documents conveyed by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers subsequent
to the completion of the Project. Any such change shall be sealed by the engineer making that change
and shall be appropriately marked to reflect what was changed or modified.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
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ARTICLE 1
EVALUATION ISERVICES
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
perfo ance of their duties.
ARTICLE !
SUBMISSION T
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.
ARTICLE1
VIOLATION OF CONTACTTERMS/BREACH
Violation of contract terrns 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
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.
O By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty (3 ) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, City shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
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Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above, then the amount charged during the thirty-day notice period shall not exceed the amount charged
during the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the reasonable and necessary cost to City of employing another firm to
complete the Engineering Services required and the time required to do so, and other factors which
affect the value to City of the Engineering Services performed at the time of default.
The ten-nination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable state, federal and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the perforinance of this Contract, including
without limitation, mini mum/maximurn salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall fumish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) As required by Chapter 2271, Government Code, Engineer hereby verifies that it does not
boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this
verification, "boycott Israel" means refusing to deal with, terminating business activities with, or
otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial
relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-
controlled territory, but does not include an action made for ordinary business purposes.
(3) In accordance with 2274, Texas Government Code, a governmental entity may not enter
into a contract with a company with at least ten (10) full-time employees for value of at least One
Hundred Thousand and No 100 Dollars ($100,000.00) unless the contract has a provision in the
contract verifying that it: (I) does not have a practice, policy, guidance, or directive that discriminates
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against a firearm entity or firearm trade association; and (2) will not discriminate during the to 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 firearin 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 to of this Contract. The signatory executing this Contract on behalf of
Engineer verifies Engineer does not boycott energy companies, and it will not boycott energy
companies during the term of this Contract.
(5) This Project is being assisted by the United States of America. Engineer and City
acknowledge and agree that this is a federally assisted Project, and as such, shall comply with all such
requirements. Said requirements include, but are not limited to, compliance with 2 CFR 200 and the
Equal Opportunity Act and any other federal regulations, code provisions, orders and rules, including
but not limited to, the federal regulations set forth in Exhibit E, attached hereto and incorporated herein
by reference for all purposes.
(6) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold City harmless from all liability for damage to the extent that the
damage is caused by or results from an act of negligence, intentional tort, intellectual property
infringement, or failure to pay a subcontractor or supplier committed by Engineer, Engineer's agent, or
another entity over which Engineer exercises control. Engineer shall also save and hold City harmless
from any and all expenses, including but not limited to reasonable attorneys' fees which may be
incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City
to the extent resulting from such negligent activities by Engineer, its agents, or employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his,"her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
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completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON-COLLUSION, FINANCIAL INTEREST PROHIBITED
(1) Non-collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he,"she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/heriits officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and
otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of
any notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
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receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non-
renewal in coverage, and such notice thereof shall be given to City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self-Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be riled with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled"Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
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ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
City:
City of Round Rock
Attention. City Manager
221 East Main Street
Round Rock, TX 78664
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
HDR Engineering, Inc.
710 Hester's Crossing, Suite 150
Round Rock, TX 78681-7839
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ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. The Services shall be performed expeditiously as is prudent
considering the ordinary professional skill and care of a competent engineer. Engineer understands and
agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services
for each phase of this Contract within the agreed Work Schedule may constitute a material breach of
this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its
reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of
performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to
perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder
without waiver of any of City's additional legal rights or remedies. Any determination to withhold or
set off shall be made in good faith and with written notice to Engineer provided, however, Engineer
shall have fourteen (14) calendar days from receipt of the notice to submit a plan for cure reasonably
acceptable to City.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services perfonned 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 heishe has executed this Contract and that heishe has full and
complete authority to enter into this Contract on behalf of the fin-n. The above-stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through
its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and full performance of the terms and provisions hereof.
CITY OF ROUND ROCK, TEXAS APP VE, AS TO FORM,-
By:
L.
Shet Attorney
........ .............
Craig Mo gan, M, or Stephan 4L, "heets, City Attom
ATTEST:
YL
B)
ity
Meagan Spi' CC. cr
HDR ENGINEERING, INC.
By:
'Sinai i;'ie"rof Principal
Printed Name:
6
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 MANAGEMENT
The City will designate a Project Manager to represent the City.
PS&E /ENVIRONMENTAL /UTILITY ENGINEERING / BIDDING
CONSTRUCTION
A. Any records available which would assist in the identification of environmental
constraints.
B. All work required for easement acquisitions using easement documents prepared by
Engineer.
C. Review of progress of work and final acceptance of deliverables.
D. Processing of all periodic payment requests submitted by Engineer.
E. Submittal of documentation to regulatory agencies for review, comment, or approval
when specified.
F. All comments 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 the Engineer.
J. Assist as necessary in obtaining the required data and information from other local,
regional, state, and federal agencies.
K. Provide the Engineer with timely reviews and decisions necessary for the Engineer to
maintain the project work schedule.
L. Distribute schematic layout to the appropriate agencies.
M. Schedule, coordinate, and conduct public involvement meetings.
N, Furnish available horizontal control points established by the City.
O. Furnish available plans and design information for adjoining projects.
P. Furnish available right-of-way maps.
Q. Negotiate with all utility companies for any agreements and required relocations.
R. Pay all reviewing agency fees promptly including review, inspection and recording fees.
S. Assist with obtaining right-of-entry (ROE) for adjoining property owners necessary for
field surveying outside existing public right-of-way.
City of Round Rock Page 1 of 1 Exhibit A
EXHIBIT B
ENGINEERING SERVICES
Project. Meadows Areas 2 & 4 Water, Wastewater, & Storm Drain Improvements
Background
The City of Round Rock (City) requested Engineer provide engineering services for the
Meadows Areas 2 and 4 Water, Wastewater, and Storm Drain Improvements project
covering the area outlined in the figure below. In addition to storm drain improvements
for flood mitigation, the project will also include water distribution and wastewater
collection system replacements and full street width pavement milling and overlays of
affected streets (Project). The first phase will consist of 30",`0 design tasks to update
previous preliminary hydrologic and hydraulic (H&H) models, storm drain design, and
opinion of probable construction cost (OPCC) by others to current City standards for the
project area and determine if a phased implementation approach is required for the
Project to align with the City's project construction budget. The second phase will
consist of Plan, Specification & Estimate (PS&E) development of the entire project to
include 6M�O'/900/0',,'100% design deliverables, as well as bidding and construction phase
services for one construction package for the entire project area.
ri
/ n�gury lflrevear Frfent�
City of Round Rock Page 1 of 15 Exhibit B
Task I - Project Management
a) Engineer will provide project coordination and management of Engineer and sub-
consultant staff and resources. Engineer will also provide project controls including
project 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 I
meeting attended by three (3) HDR staff.
c) Engineer will attend up to four(4) external project design coordination meetings with
local agencies and stakeholders (attended by up to 2 HDR staff). Further meetings or
correspondences will be via email or phone calls.
d) Engineer will attend design review meetings with City (estimated at I meeting per
30"111�/W,'0/90% design milestone submittal, attended by up to 3 HDR staff)
e) Engineer will prepare monthly invoices with brief project status report (estimated at 30
months)
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) Engineer will attend coordination meetings with Union Pacific Railroad (UPR)
(estimated at 5 virtual meetings attended by up to 2 HDR staff) and preparation of
meeting notes.
TASK I DELIVERABLES:
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) Engineer 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) Engineer drainage lead will conduct site visit to observe existing drainage conditions and
drainage features.
c) Engineer will collect and review existing data from the previous drainage analysis (LJA,
2018) and the City online GeoHub:
a. Existing InfoWorks lCM 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 Round 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 ArcGIS.
e) Engineer will update the existing conditions rain-on-mesh TnfoWorks 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 InfbWorks 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 storrn 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°0
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 andlor merge to a 1-foot contour interval digital terrain
model (DT ) 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 infon-nation
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 casements with accompanying temporary construction
easements (TCE) for up to 3 parcels.
Task 2.03 30% Design and Construction Phasing Plan
a) Engineer will conduct site visit to observe existing conditions, roadways, and utilities.
b) Engineer 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) Engineer 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-13 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 pe anent.
7. Based on preliminary review, a pre-construction notification to and/or other
coordination with the USACE for coverage under NP 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.
10. 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 (NOT)
to the TCEQ for compliance with the Texas Pollution Discharge Elimination
System (TPDES) Stormwater General Permit TXR 150000.
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.
TASK 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. 300,,4 design OPCC in PDF format.
6. Environmental constraints and permitting requirements assessment and cultural
resources assessment documentation in PDF formal,
Task 3—60% PS&E Design
The following scope of services is comprised for the 60% Design P 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. (RCI) 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 - 6V,4 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 storrn 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).
fj 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) Develop typical sections (existing and proposed).
h) Develop mill and overlay plan sheets with W3P.
i) Develop standard details and identify special details to be developed in next task.
j) Traffic 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) Develop 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 casement sketches (up to three (3) parcels).
o) Perform 6V'O' PS&E QA/QC reviews.
TASK 3 600"o PS&E ASSUMPTIONS:
I. Plans will be prepared on 11" x 17" PDF format with a scale of I"= 40' unless
otherwise noted. All CA DD files submitted will be compatible with MicroStation
V-*I version "dgn" file fon-nat. 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 USAGE 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 6Mi't PS&E DELIVERABLES:
1. 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 I 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
x1l. 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 9011/0 Design PS&E development of the
entire project area (Figure 1),
Task 4.01 - 90% PS&E
Engineer will develop 900' 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 Tx OT design criteria and specifications. 901% design
development tasks will include:
a) Finalize 6M,'O' design Infoworks ICM H&H model for 9V/ design of storm drain system
including inlet locations and spacing and pipe sizes.
b) Update storm drain system plan and profiles.
c) Update proposed ston-n 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 901)'
OPCC.
City of Round Rock Page 9 of 15 Exhibit B
m) Develop Division 00 and 01 requirements and specifications, technical specifications,
special specifications, and special provisions.
n) Finalize proposed easement sketches (up to three (3) parcels) by Inland
o) Perform 90°�'o PS&E QA�QC review
p) Develop and submit a Water Pollution Abatement Plan (WPAP)and associated Geologic
Assessment in accordance with Edwards Aquifer Rules and requirements to TCEQ and
address 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
approval.
TASK 4 900V'o 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 0°,o PSE DELIVERABLES,
1. 90 011® PS&E Submittal for I 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. 9V,0' Project Manual in Word/PDF
c. 90°�,'O' Level 3 OPCC in PDF
2, Easement survey plat and metes and bounds (for up to 3 parcels) in PDF
3. 60°,'o Comment responses PDF
4. Updated Utility Conflict Matrix & Layout PDF
5. Final WPAP and SCS plans in PDF.
Task 5— 1 % PS&E Design
City of Round 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 I).
Task 5.01 - I OVIPS&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 Tx OT 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 1000/'o OPCC.
m) Perform 100% PS&E QAiQC review.
TASK 5 100% PS&E ASSUMPTIONS (in addition to 601,,'0 and 90% PS&E assumptions
noted above):
1. No additional assumptions.
TASK 5 100°°o PSE DELIVERABLES:
1. 100 % PS&E Submittal for I construction package
a. 100% 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 casement 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. 1001,4 Project Manual in Word.,"PDF
c. I OV,'O' Level 3 OPCC in PDF
6. 900,0" 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 6.01 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) Maintain Utility Contacts List and Communication Log.
b) Send out formal Notification Letters communicating project timeline and expected utility
relocations timeframe.
c) Coordinate and Conduct Utility Project Kick-off Meeting (includes invites, preparation,
agenda, and meeting minutes) (Assume I virtual meeting maximum).
d) Preparation and Delivery of Utility Status Reports, Coordination with Project Team.
e) Coordinate and Conduct individual utility coordination meetings (incl meeting minutes)
(Assumes average of 3 virtual meetings per utility- maximum of 24 meetings).
f) Identify Utilities with Compensable Rights. Engineer will investigate prior right claims
by utilities submitting such claims, Engineer will request appropriate documentation from
utilities to validate prior rights and property interests.
g) Review confirmed utility conflicts with each utility company and determine best
mitigation or relocation solution of each.
h) Obtain Formal Clearance Letters for Utilities not in conflict.
i) Coordinate with each utility company to determine schedules including design time,
long-lead 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,
available SUE deliverables, Identified Conflicts, and QC). Layout is defined as a plotter
Roll Plot (typical 36" x 52" Layout),
k) Identify utility conflicts with proposed improvements (and constructability of
improvements). Display potential utility conflicts on Utility Layout.
1) Populate Conflict Matrix based on Design, Develop Conflict Evidence as needed, C.
m) Provide design reviews of Utility Relocation Plans (max. 16 reviews),
n) Provide Final Contacts List, Coordination Tracking Log with Key Coordination and
Meeting Minutes documented.
o) Coordination of Utility Permitting, Coordination of Utility Construction Scheduling,
Progress, adjustments with client and Utility Owners.
City of Round 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
(LIRA) including the following tasks:
a) Engineer will develop SUE QL-13 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 60a/o-100040 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
improvements. Bid Phase service tasks will include:
a) Prepare Issued for Bid contract documents.
b) Assist 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) Respond 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 7 DELIVERABLES:
1. Addenda for uploading to CivCast
2. Bid Tabulations in Excel
3. Award recommendation letter
Task 8 - Construction Phase
The following scope of services is comprised for the Construction Phase Services of one
construction package covering the entire project area (Figure 1).
Task 8.01 -, Construction Phase Services
Engineer will provide construction phase services of proposed storm drain system, water
distribution and wastewater collection system replacements, and pavement mill and overlay
improvements. Construction Phase service tasks will include'
a) Incorporate bid addenda into the contract documents and prepare conformed Issued for
Construction contract documents.
b) Attend pre-construction conference to be conducted by the City.
c) Review up to forty (40) submittal s/shop drawings including up to two (2) resubmittals
each.
d) Respond to up to twenty (20) RFIs.
c) Review up to five (5) contractor change proposal requests.
f) Develop and issue up to three (3) change orders.
g) Perform periodic project site visits (estimated at I per month for 12 months) including
attending a monthly progress meeting lead by the City.
h) Perform substantial completion walk through and develop punch list.
i) Perform final completion walk through and provide notice of completion.
j) Develop record drawings.
City of Round Rock Page 14 of 15 Exhibit B
k) Assist with construction contract close-out coordination and documentation.
TASK 8 ASSUMPTIONS:
1. 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 perforin 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 perforin 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:
1. RFI responses in PDF
2, Sub mittalishop Drawing reviews in PDF
3. CPR responses in PDF
4. Change Order in PDF
5. Substantial completion punch list in PDF
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 Project schedule constraint is the American Rescue Plan Act grant funding
requirement which stipulates that a construction contract be awarded by December of 2024. The
major project milestone durations are anticipated not to exceed that which is listed below. These
durations include 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 delays.
Survey 3 mo. from NTP
H&H Model Update and 30% Design 4 mo. from Survey
60% PS&E Design 4 mo. from 30% Design
90% PS&E Design 3 mo. from 60% Design
100% PS&E Design 2 mo. from 90% Design
Complete Existing Utility Relocation Coordination/ 4 mo. from 100% Design
Easement Acquisitions (by City)
Bidding/Construction Contract Award 4 mo. from Utility Relocations
City of Round Rock Page I of I Exhibit C
Exhibit D
Fee Schedule
Project Name: Meadows Areas 2 &4 Water, Wastewater, &Storm Drain Improvements
Total Total Other
Task Labor Hours Loaded Labor Cost Direct of Subconsultants TOTALS
Task 1: Project Management(incl. UPR coordination rntgs) 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 1 1 [_$129,954.2
bG =ND TOTAL: 5355 L $761,646.= $2,257.90 1 $102,457.50 =$996,316.12
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EXHIBIT E. FEDERAL REQUIREMENTS FOR AMERICAN RESCUE PLAN PROJECTS
Uctiori,No'.' 'Title
FFA-01 Bruch of Contract Terms
Termination of ct
Equal Employment Opportunity- 41 CFR Part 60-1.4(b)
®04 Standard Federal Equal EmploymentOpportunity srci n Contract
Specifications 1 CFR Part 60.4.3
Copeland i- is cAct 29 CFR Part 5
Davis-Bacon cr Requirements 29 CFR part 5
FR-07 Contracthours and Safety Standards Act Requirements
Rights to Inventions
Access to Records and Record Retention
FR-10 Clean Air and Water Pollution Control
FR-11 Energy Conservationit
_1Certification Regarding Ineligibility, anVoluntary
Exclusion
-1 3 Lobbying and Influencing Pr r
FR-14 Domestic Preference for Procurements
-1 5 ProcurementRecovered tri !s
Page
FEDERAL REQUIREMENTS: F - 1
REACH 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 R UI NTS: F -02
TERMINATION OF CONTRACT
1 The City may, by written notice, terminate this contract in whole or in part at
any time, either for the City's convenience or because of failure to fulfill the
contract obligations. Upon receipt of such notice services shall be immediately
discontinued (unless the notice directs otherwise) and all materials as may have
been accumulated in performing this contract, whether completed or in progress,
delivered to the City.
2 If the termination is for the convenience of the City, an equitable adjustment in
the contract price shall be made, but no amount shall be allowed for anticipated
profit on unperformed services.
3 If the termination is due to failure to fulfill the contractor's obligations, the City
may take over the work and prosecute the same to completion by contract or
otherwise. In such case, the contractor shall be liable to the City for any additional
cost occasioned to the City thereby.
4 If, after notice of termination for failure to fulfill contract obligations, it is
determined that the contractor had not so failed, the termination shall be deemed
to have been effected for the convenience of the City. In such event, adjustment
in the contract price shall be made as provided in this clause.
5 The rights and remedies of the City provided in this clause are in addition to
any other rights and remedies provided by law or under this contract.
Page 2
FEDERAL REQUIREMENTS: ER-03
EQUAL EMPLOYMENT OPPORTUNITY- Executive Order 11246 as amended,
41 CFR PART 60-1.4(b)
During the performance of this contract, the contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be
limited to the following: Employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
considerations for employment without regard to race, color, religion, sex, or
national origin.
C. The contractor will send to each labor union or representative of workers
with which he/she has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency contracting officer,
advising the labor union or workers' representatives of the contractor's
commitments under Section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
d. The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, as amended, and of the rules, regulations, and relevant
orders of the Secretary of Labor,
e. The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his/her books,
records, and accounts by the contracting agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
f. In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the such rules, regulations, or orders, this
contract may be cancelled, terminated or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedure authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of
Page 24
September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
g. The contractor will include the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with
respect to any subcontract or purchase order as may be directed by the
Secretary of Labor as a means of enforcing such provision, including sanctions
for noncompliance: Provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the administering agency the contractor may request the
United States to enter into such litigation to protect the interests of the United
States.
[Sec. 202 amended by EO 11375 of Oct 13, 1967, 32 FR 14303, 3 CFR, 1966-
1970 Comp., p. 684. EO 12086 of Oct5, 1978, 43 FR 46501, 3 CFR, 1978 Comp.,
p. 230]
SEC. 203.Each contractor having a contract containing the provisions prescribed
in Section 202 shall file, and shalt cause each of his subcontractors to file,
Compliance Reports with the contracting agency or the Secretary of Labor as
may be directed. Compliance Reports shall be filed within such times and shall
contain such information as to the practices, policies, programs, and
employment policies, programs, and employment statistics of the contractor and
each subcontractor, and shall be in such form, as the Secretary of Labor may
prescribe.
Contractors or subcontractors may be required to state whether they have
participated in any previous contract subject to the provisions of this Order, or
any preceding similar Executive order, and in that event to submit, on behalf of
themselves and their proposed subcontractors, Compliance Reports prior to or
as an initial part of their bid or negotiation of a contract.
Whenever the contractor or subcontractor has a collective bargaining agreement
or other contract or understanding with a labor union or an agency referring
workers or providing or supervising apprenticeship or training for such workers,
the Compliance Report shall include such information as to such labor union's
or agency's practices and policies affecting compliance as the Secretary of
Labor may prescribe: Provided, That to the extent such information is within the
exclusive possession of a labor union or an agency referring workers or
providing or supervising apprenticeship or training and such labor union or
agency shall refuse to furnish such information to the contractor, the contractor
shall so certify to the Secretary of Labor as part of its Compliance Report and
shall set forth what efforts he has made to obtain such information.
The Secretary of Labor may direct that any contractor or subcontractor shall
submit, as part of his/her Compliance Report, a statement in writing, signed by
Page 25
an authorized officer or agent on behalf of any labor union or any agency
referring workers or providing or supervising apprenticeship or other training,
with is the contractor deals, with supporting information, to the effect that
the signer's practices and policies do not discriminate on the grourids 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 REQUIREIVIENT& ER-04
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS -41 CFR Part 60.4.3
1 As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation
from which this contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance
Programs ( CP),
U.S. Department of Labor, or any person to whom the Director delegates
authority;
C. "Employer identification number" means the Federal social security
number used on the Employees Quarterly Federal Tax Return, U.S. Treasury
Department Form 941;
d. "Minority" includes:
(i) Black (all) persons having origins in any of the Black African racial groups
not of Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South
American, or other Spanish culture or origin regardless of race);
(iii) Asian and Pacific Islander (all persons having origins in any of the original
peoples of the Far East, Southeast Asia, the Indian Subcontinent, or
the Pacific Islands); and
(iv) American Indian or Alaskan native (all persons having origins in any of
the original peoples of North America and maintaining identifiable tribal
affiliations through membership and participation or community
identification).
2. Whenever the contractor, or any subcontractor at any tier, subcontracts a
portion of the work involving any construction trade, it shall physically include
in each subcontract in excess of $10,000 the provisions of these specifications
and the Notice which contains the applicable goals for minority and female
participation and which is set forth in the solicitations from which this contract
resulted.
3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown
Plan approved by the U.S. Department of Labor in the covered area either
individually or through an association, its affirmative action obligations on all
work in the Plan area (including goals and timetables) shall be in accordance
with that Plan for those trades which have unions participating in the Plan.
Contractors shall be able to demonstrate their participation in and compliance
Page 27
with the provisions of any such Hometown Plan. Each contractor or
subcontractor participating in an approved plan is individually required to
comply with its obligations under the EEO clause and to make a good faith effort to
achieve each goal under the Plan in each trade in which it has employees. The
overall good faith performance by other contractors or subcontractors toward a
goal in an approved Plan does not excuse any covered contractors 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 contractors
employees are assigned to work. The contractor, where possible, will assign two
or more women to each construction project. The contractor shall specifically
Page 28
ensure that all foremen, superintendents, and other onsite supervisory personnel
are aware of and carry out the contractor's obligation to maintain such a
working environment, with specific attention to minority or female individuals
working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment
sources, provide written notification to minority and female recruitment sources
and to community organizations when the contractor or its unions have
employment opportunities available, and maintain a record of the organizations'
responses.
C. Maintain a current file of the names, addresses, and telephone numbers of
each minority and female off-the-street applicant and minority or female referral
from a union, a recruitment source, or community organization and of what action
was taken with respect to each such individual. If such individual was sent to the
union hiring hall for referral and was not referred back to the contractor by the
union or, if referred, not employed by the contractor, this shall be documented in
the file with the reason therefore along with whatever additional actions the
contractor may have taken.
d. Provide immediate written notification to the Director when the union or
unions with which the contractor has a collective bargaining agreement has not
referred to the contractor a minority person or female sent by the contractor, or
when the contractor has other information that the union referral process has
impeded the contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training
programs for the area which expressly include minorities and women, including
upgrading programs and apprenticeship and trainee programs relevant to the
contractor's employment needs, especially those programs funded or approved
by the Department of Labor. The contractor shall provide notice of these programs
to the sources compiled under 7b above.
f. Disseminate the contractor's EEO policy by providing notice of the policy
to unions and training programs and requesting their cooperation in assisting the
contractor in meeting its EEO obligations; by including it in any policy manual and
collective bargaining agreement; by publicizing it in the company newspaper,
annual report, etc.; by specific review of the policy with all management
personnel and with all minority and female employees at least once a year; and
by posting the company EEO policy on bulletin boards accessible to all
employees at each location where construction work is performed.
9. Review, at least annually, the company's EEO policy and affirmative
action obligations under these specifications with all employees having any
responsibility for hiring, assignment, layoff, termination, or other employment
decisions including specific review of these items with onsite supervisory
personnel such a superintendents, general foremen, etc., prior to the initiation of
construction work at any job site. A written record shall be made and maintained
identifying the time and place of these meetings, persons attending, subject matter
discussed, and disposition of the subject matter.
Page 24
h. Disseminate the contractors 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 contractors 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.
1. 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 contractors 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.
0. Document and maintain a record of all solicitations of offers for subcontracts
from minority and female construction contractors and suppliers, including
circulation of solicitations to minority and female contractor associations and
other business associations.
P. Conduct a review, at least annually, of all supervisor's adherence to and
performance under the contractor's EEO policies and affirmative action
obligations.
8. Contractors are encouraged to participate in voluntary associations,
which assist in fulfilling one or more of their affirmative action obligations (18.7a
through 18.7p). The efforts of a contractor association, joint contractor union,
contractor community, or other similar groups of which the contractor is a member
Page 30
and participant, may be asserted as fulfilling any one or more of its obligations
under 18.7a through 18.7p of these specifications provided that the contractor
actively participates in the group, makes every effort to assure that the group has
a positive impact on the employment of minorities and women in the industry,
ensures that the concrete benefits of the program are reflected in the contractor's
minority and female workforce participation, makes a good faith effort to meet its
individual goals and timetables, and can provide access to documentation which
demonstrates the effectiveness of actions taken on behalf of the contractor.
The obligation to comply, however, is the contractor's and failure of such a
group to fulfill an obligation shall not be a defense for the contractor's
noncompliance.
9. A single goal for minorities and a separate single goal for women have
been established. The contractor, however, is required to provide equal
employment opportunity and to take affirmative action for all minority groups, both
male and female, and all women, both minority and non-minority. Consequently,
if the particular group is employed in a substantially disparate manner (for
example, even though the contractor has achieved its goals for women
generally,) the contractor may be in violation of the Executive Order if a
specific minority group of women is underutilized.
10. The contractor shall not use the goals and timetables or affirmative action
standards to discriminate against any person because of race, color, religion, sex,
or national origin.
11. The contractor shall not enter into any subcontract with any person or firm
debarred from Government contracts pursuant to Executive Order 11246.
12. The contractor shall carry out such sanctions and penalties for
violation of these specifications and of the Equal Opportunity Clause, including
suspension, termination, and cancellation of existing subcontracts as may be
imposed or ordered pursuant to Executive Order 11246, as amended, and its
implementing regulations, by the Office of Federal Contract Compliance
Programs. Any contractor who fails to carry out such sanctions and penalties
shall be in violation of these specifications and Executive Order 11246, as
amended.
13. The contractor, in fulfilling its obligations under these specifications,
shall implement specific affirmative action steps, at least as extensive as those
standards prescribed in paragraph 18.7 of these specifications, so as to achieve
maximum results from its efforts to ensure equal employment opportunity. If the
contractor fails to comply with the requirements of the Executive Order, the
implementing regulations, or these specifications, the Director shall proceed in
accordance with 41 CFR 60-4.8.
14. The contractor shall designate a responsible official to monitor all
employment related activity to ensure that the company EEO policy is being carried
out, to submit reports relating to the provisions hereof as may be required by
the Government, and to keep records. Records shall at least include for each
employee, the name, address, telephone number, construction trade, union
affiliation if any, employee identification number when assigned, social security
Page 31
number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or
laborer), dates of changes in status, hours worked per week in the indicated
trade, rate of pay, and locations at which the work was performed. Records
shall be maintained in an easily understandable and retrievable form; however,
to the degree that existing records satisfy this requirement, contractors shall not
be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the
application of other laws which establish different standards of compliance or
upon the application of requirements for the hiring of local or other area
residents.
Page 32
FEDERAL REQUIREMENTS: FR-05
COPELAND "ANTI-KICKBACK" ACT— 18 U.S.C. 874 C 40 U.S.C. 276c 129
CFR Part
Compliance with Copeland Act requirements. The Contractor shall comply
with all the requirements of 29 CFRart 3 which are incorporated by
reference in this contract.
TITLE 18 USC 874
Sec. 874. Kickbacks from public works employees
"Whoever, by force, intimidation, or threat of procuring dismissal from
employment, or by any other manner whatsoever induces any person
employed in the construction, prosecution, completion or repair of any public
building, public work, or building or work financed in whole or in part by loans or
grants from the United States, to give up any part of the compensation to which
he is entitled under his contract of employment, shall be fined not more than
$5,000 or imprisoned not more than five years, or both."
TITLE U.S.C. ( s amended)
Sec. 276c, Regulations governingcontractors and subcontractors
"The Secretary of Labor shall make reasonable regulations for contractors and
subcontractors engaged in the construction, prosecution, completion or repair
of public buildings, public works or buildings or works financed in whole or in part
by loans or grants from the United States, including a provision that each
contractor and subcontractor shall furnish weekly a statement with respect to
the wages paid each employee during the preceding week. Section 1001 of
Title 18 of the United States Code (Criminal Code and Criminal Procedure) shall
apply to such statements."
Reorganization Plan No. 14 of 1950 (15 F.R. 3176, 64 Stat. 1267, 5 U.S.C. 133z
note):
"In order to assure coordination of administration and consistency of
enforcement of the labor standards provision of each of the [foregoing and
other enumerated] Acts by the Federal agencies responsible for the
administration thereof, the Secretary of Labor shall prescribe appropriate
standards, regulations, and procedures, which shall be observed by these
agencies, and cause to be made by the Department of Labor such investigations,
with respect to compliance with and enforcement of such labor standards, as he
deems desirable, ..."
Page 33
FEDERAL REQUIREMENTS: FR-06
FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010)
DAVIS - BACON REQUIREMENTS
Compliance with Davis-Bacon and Related Act Requirements: All rulings
and interpretations of the Davis-Bacon and Related Acts Contained in 29
CFR Parts 1, 3 and 5 are herein incorporated by reference.
For additional information regarding Labor Rates, please go to the following
official website of the United States government:
ASAI . ov
AJaplicability
The Project or Program to which the construction work covered by this contract
pertains is being assisted by the United States of America and the following
Federal Labor Standards Provisions are included in this Contract pursuant to the
provisions applicable to such Federal assistance.
1. (i) Minimum Wages All laborers and mechanics employed or working upon
the site of the work will be paid unconditionally and not less often than once
a week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by the Secretary of Labor under the
Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe
benefits (or cash equivalent thereof) due at time of payment computed at rates
not less than those contained in the wage determination of the Secretary of Labor
which is attached hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the contractor and such
laborers and mechanics. Contributions made or costs reasonably anticipated for
bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on
behalf of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of 29 CFR 5.5(a.)(1)(iv); also, regular
contributions made or costs incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred
during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification of work actually
performed, without regard to skill, except as provided in 29 CFR Part 5.5(x)(4).
Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually
worked therein: Provided, that the employer's payroll records accurately set
forth the time spent in each classification in which work is performed. The wage
determination (including any additional classification and wage rates conformed
under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be
posted at all times by the contractor and its subcontractors at the site of the
Page 34
work in a prominent and accessible place where it can easily be seen by the
workers.
(il) (a) Any class of laborers or mechanics, which is not listed in the wage
determination and which is to be employed under the contract shall be classified
in conformance with the wa gedete rm i nation. HUD shall approve an additional
classification and wage rate and fringe benefits therefore only when the
following criteria have been met:
(1) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and HUD or its designee agree
on the classification and wage rate (including the amount designated for fringe
benefits where appropriate), a report of the action taken shall be sent by HUD or
its designee to the Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor, Washington, D.C. 20210.
The Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so
advise HUD or its designee or will notify HUD or its designee within the 30-day
period that additional time is necessary. (Approved by the Office of Management
and Budged under OMB control number 12150140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and HUD or its designee do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits where appropriate), HUD or its designee shall refer the questions,
including the views of all interested parties and the recommendation of HUD or its
designee, to the Administrator for determination. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt and
so advise HUD or its designee or will notify HUD or its designee within the 30-
day period that additional time is necessary. (Approved by the Office of
Management and Budged under OMB control number 12150140.)
( ) The wage rate (including fringe benefits where appropriate) determined
pursuant to subparagraphs (1)(ii) (b) or (c) of this paragraph, shall be paid to all
workers performing work in the classification under this contract from the first day
on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an
hourly rate, the contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
Page 35
• '. . 1.,. •• ' f s 1. �' '..# "' 1 1... 1.
� . !.. � �.
� . . .. •. . ... . ♦ y•• °� .• .
• • • •' . ... '•�: � ! 1 ' R: .. ..,
•:' • •. !'. ! '' ! • .I • .:. . . 1•
1 f •• r'. 1' 1 ' R.' • .� '.1 .. « • 1 .: •. .. • •
1. •... is 1 � � i •.' � •... . • . _ •a. * �.
. ::.111 • - � . 1 . • • 1 •• !" 1 '�! • ! .'
r� � .
wage rates prescribed in the applicable programs. (Approved by the Office of
Management and Budget under OMB Control Numbers 1215-0140 and 1215-
0017.)
(ii) (a) The contractor shall submit weekly, for each week in which any contract
work is performed, a copy of all payrolls to HUD or its designee if the agency
is a party to the contract, but if the agency is not such a party, the contractor will
submit the payrolls to the applicant sponsor or owner, as the case may be, for
transmission to HUD or its designee. The payrolls submitted shall set out
accurately and completely all of the information required to be maintained under 29
CFR 5.5(a) (3) (i). This information may be submitted in any form desired. Optional
Form WH-347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S.
Government Printing Office, Washington, D.C. 20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors.
(Approved by the Office of Management and Budget under OMB Control
Numbers 1215-0149.)
(b) Each payroll submitted shall be accompanied by a "Statement of
Compliance, "signed by the contractor or subcontractor or his or her agent who
pays or supervises the payment of the persons employed under the contract and
shall certify the following:
(1) That the payroll for the payroll period contains the information required to be
maintained under CFR 5.5(a) (3) (i) above and that such information is correct and
complete;
(2) That each laborer and mechanic (including each helper, apprentice and
trainee) employed on the contract during the payroll period has been paid the
full weekly wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages earned,
other than permissible deductions as set forth in Regulations 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicable wage determination incorporated into the
contract.
(c) The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfy the requirement for
submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b).
(d) The falsification of any of the above certifications may subject the contractor
or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and
Section 231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under
paragraph A.3.(i) available for inspection, copying or transcription by authorized
representatives of HUD or its designee, or the Department of Labor, and shall
permit such representatives to interview employees during working hours on the
job. If the contractor or subcontractor fails to submit the required records or to make
Page 37
them available, HUD or its designee may, after written notice to the contractor,
sponsor, applicant or owner, take such action as may be necessary to cause
the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant
to and individually registered in a bona fide apprenticeship program registered
with the U.S. Department of Labor, Employment and Training Administration,
Office of Apprenticeship Training, Employer and Labor Services or with a State
Apprenticeship Agency recognized by the Office, or if a person is employed in
his or her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship Training, Employer
and Labor Services or a State Apprenticeship Agency (where appropriate) to
be eligible for probationary employment as an apprentice. The allowable ratio
of apprentices to 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 contractors 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 3 8
formal certification by the U.S. Department of Labor, Employment and
Training Administration. The ratio of trainees to journeymen on the job site shall
not be greater than permitted under the plan approved by the Employment and
Training Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee program
does not mention fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program associated
with the corresponding journeyman wage rate on the wage determination which
provides for less than full fringe benefits for apprentices. Any employee listed on
the payroll at a trainee rate who is not registered and participating in a training
plan approved by the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any trainee performing work
on the job site in excess of the ratio permitted under the registered program shall
be paid not less than the applicable wage rate on the wage determination for the
work actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is
approved.
(iii} Equal Employment Opportunity. The utilization of apprentices, trainees
and journeymen under 29 CFR Part 5 shall be in conformity with the equal
employment opportunity requirements of Executive Order 11246, as amended,
and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The contractor shall comply with the requirements of 29 CFR Part 3, which are
incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses contained in subparagraphs 1 through 11 of this
paragraph A and such other clauses as HUD or its designee may by
appropriate instructions require, and a copy of the applicable prevailing wage
decision, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier subcontractor with all the
contract clauses in this paragraph.
T. Contract termination. debarment. A breach of the contract clauses in 29 CFR
5.5 may be grounds for termination of the contract, and for debarment as a
contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements. All rulings
and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR
Parts 1, 3, and 5 are herein incorporated by reference in this contract.
Page 39
9. Disputes Concerning Labor Standards. Disputes arising out of the labor
standards provisions of this contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7.
Disputes within the meaning of this clause include disputes between the contractor
(or any of its subcontractors) and HUD, the U.S. Department of Labor, or the
employees or their representatives.
1 . (i) 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
Ad ministration....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
[',)e�c::isionut Il' A..mber : T'XM!!!..i010107 01/01/2021.
Sarra puny rsieded Giu:.aneral Dec::Lsion Number : TX2020101007
Typic.;:Is., Heavy and Higil"iway
Courit.J..ies -, Atascosa, Bandera, Bids tric,)p, Be.11, 1:4,(:.-< r, Brazc:vS'
Biarleson, Corvial, Cic:i,t::-yell, G'u,ia('J,--.11'upe, Hays,
Kenda.11, K.,an,pasas, M(:][.,,ennan, Me&:L-Cla, Ric:9�)E,`rtS:30n? TrEWiS,
Williamson and WJ 1son in iTeNu.aIan .
HEAVY (exicluding turine.] s and dams, not iLo be usled for work
cm Sew' .Ir..3e c:i,'1r Watie'lic Treatmer�t P..L&r[ts or L,J..ft / Punip Sail i o n na
in Bell, Coc ic-yell, IMcC.Liennon and Wi-lliamson Co�.,m'1!:':'1.es) am,,'.1
H.1GHWXY �cxistri c t i o x i P r e c t
Note: Under Exir::u�ciative 10]rdier (EC)) 136E)8, an lnout.:-ly vr-iin.J vriiii im
wage of $10 , 9E5 fo,.r ic:!aLen.dar Year 2102.1. app.lies to al.l.
sit.,fl,:)jie;:^ct 1:::.o the IDavis-Baco'FQ Ac:!t fc,i7 wFi:'Lc,h the
contract is, awarded (and any solic.A..tation was issu(-.:"don or
an,fte'l:- Jarn iarY 1, 21015 ,,
If the m:» conil a u:.':t is coveried by tl-ne E,10, the contr,acto'l,.' inust
pay all work'ers i.n any c.lassificatilot listeld c)n. tll�iiis wage
detic z"mi'FiaL,Lon ailL, $10 . 95 per hour i 0�ne apj)..1.J c a k:)]..e
wac,3 le ralL.ie .1-isted on t Q. wagan if it is
tll�'e ccwtract :Ln
h.Lghier) for all hours sE,,)ient �on
cal( ndar year 2021— 1 JI::.: t 1°'u;i s contract i";,» c�o,v e r e�d i:::u y t I i e E 0
and a classificatilon c."cins icle red necessar-y for of
work on the contract dioles nc)t appic....)...,ar on this wage
clete:rmJ n a LA an, thir.:.n contractic:itr must 1,:::uay w,l)rkers in Lha
class.Ll.::icbona at 1(-.-.sast the vjac:�e rate detieri'lilined I:.:,h:r..oi,11c3h 1::Ilh,�^
process set, for.tl-i in 29 CFFR. 5. 51(a) (.11L) (ii) (or
the EO mipi.i mum waige rate,, J..f iil: is hi.gp n,7 1::,.h.an tl"i.e conformed
wage rated Vile EO minimum wage ratie wi.L.L ll,,-;e ad.justeci
�.:k n n it.1 a I.A.y P.L.ewu se in o it t hz.it t,his ED applies tio thir above
tyK,.::i,es of coritracts &ntiered ir-fto by tl�ne fecileral.
"gnvernmemt T.:,.h,at are s.,:bject to the DavJ s Bacon Act itself,
but :Lt does nict aipipl.y to conn::.r,.:c.s sii..ibject, c)n1y to tl"ie
Day.Ls BaiciorIRir,:A.ated Acts, iniclulding tho:� e sit forth at
CIFEZ, 5. 1 (a) (613) . Alc3ditional ic,)n con tr,actor
juirements and work.er protiectic:ms ur16:?r the EO is
availak.Ae atww,wd�c..)l. o,v,/w1i.c.,,1/ oviciontract,,s ,,
Page 41
M.c-xiification ]Nuiru�ibeT- Put)]
10 0111 1. 2'0 2 1.
x -0106 108/03/2,01.1.
Rates Fringes
MAENT b4.AS(DbJ/CM4fCRETE
l-"It4ISHER, (Flaving an(J
Structures) . ., . . . . ., ., ., . . . ., ., . . . . . . $ 12 -516
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . $ 26.35
FORM BUILDER/FORM SET"TER
Paving 6r. (,.urb., 12 . 94
[,AF30RER,
A.sphalt Raker. . . . . . . . . . . . . . .$ 1.2 . 12
Flagger. . . . . . . . . . . . . . . . . . . . .$ 9. 45
Laborer, CJtility.. . . . . ... . . . . 12 .27
Pipehiyer. 12 .79
PlorIc Zone B, rricade
PAINTER 18 .34
POWER EQ� PNIII-N'T ()PERATOR
Ngricu..Ltural Tractor. 12 . 69
Asplea�il.t,, Distribiftor . ... . . . . $ 115 - 55
Asph,alt F,av i n g Mir hi.,n e $ 14 . 36
Bz::lc:�om oz::, Sweeper. . . . . . . . .. . . . $ 11 .04
Clr,.)r,H:::,-re'te Pavement
F n.i s 1-i i n ic M
Crane, Hydraulic 80 t c)n s
or .. . . . . . . .
Crane, r,,�::11.t,tice Boom �8 in,
C,,'rane, 1 iaittiq,.,,e Bolom o'v e
80 . . . . . . . . . . . . . 19 .38
Crawlez., Tractc)r. 5' - 6 7
Di rectilonal Dri.rll..i.rMj
1.1 . 67
Directi.lata nal D.r.:-:ill.ing
Ople-ratior. . . . . . . 17 .24
Excavatic:�r 50, 0100 Lbs o 11,7
.....le ss . . . . . . . . . ... . . . . . . . . . . .$ 12 . 88
Excav�!,.: ,tor over 50, 100 lbs . $ 1.7 . "71.
Foundaticm Dri.l.l., lruck..
Mounted. . . . . . . . . . .. .. .— $ 16. 93
Page 42
Fr(,')ata t:-I F`nd Loader, 3 C!f o z-
.1..:3 .0
Front End Loader, Over 3 Y $ 1.3 .2.11L
1w6, chanic. . . . . . . ... . . . . . 1.7 1.0
P1,;Ic1•n:.Lne. 1.4 L 8
Motor Gr�'.,Wier, Fine Grade . . . L 8 . 5 L
Aotor r1i,.-ade:r. , Rr.:)ugl-t. . . ., ., .. . T 4 . 163
Ri:::07egnent I°Iark..ing M a c I i 19. 17
Ro.11er, Asphal..Jt. 12 .78
Rr.A.I.er, (Dthr.:?r., :1..0 50
Scraper. . . . . . . . . 12 .27
Spreader 14 .04
Trench..'Liag Machi.mw, 1 1 e,-:.-,vw Y :l••8 A8
Servi-cer. . . . . . . . . . 14 . 51.
Steel..
Re.-i.n f orc.i.rig. 14 . 0(11n
Structu,[zl. L 9 .2 1)
TIR,AFYIEC RIS'-.f.'AI,LER
Worker. .. .. 16. 0
TRUCK DR.TNER
Lowb�:)y F.I.oat 15 - 66
()f f Fkowd ffaul...::!r. J.A' .88
S.i.ng.1e �Xr.:! Tai:-i-derri A;c..Le Dump
Tr u n:::]C.. . .1 .. . . . . . m . p . . u . . . ..$ 1...1 6 8
I'andem Ax.le ".1'ractor iw/Sermi.
WEE E,E)E R. . „ 15 . 97
..........I.............................. ............I....... .................................................................................. ---------
WELDERS Receive rate: Prescribeid for cx.:�aft [,::)erfoe mi...nig
o'Pe,!r'ati(.)r-ii to whi,ch wel.ding j s i r)c.i.d e al.
M,'.)te: Executive &iierr (E.,(.)) 1.371016, EsI:!'.abI!-a a hi,ii'iig Pai.ir.i Sick
I.,leave
for Fielderal C.ortractors a.pj,:A.i.es to al.]. ,:.IoniLiracts subjeict", tc..)
�t,h e
Davi,s---Ba(,:,,1nn AciLl for whic::h tl--�ae ciontraict. is awarided (and any
s o 1.i.c.J tati on waR:3 is,sued) on or -i.fteIl" iJanuzl•"y 1., 2017 ,
Page, 43
If thi s corvl:,:ract. .i..s covered by tI' e. EO, ttue con tr-ac toii,.- rviust
eaq..:),I.oyees wit.h .1, hot.ir. f paid sic :1...'e a v for evr.r'y
310 hours t.hey work., �.:up tio 56 him..urs of paid si.cic.. Iirzive each
year.
Einp.Io �eie,s, rru,rst be pie rzn Li�t1i rL,o use pew .ild si.1c.:,Ar, leave fiu::)r their
i il.]..n1i,, iz-uji.,IrY or other re.] at.ed needs, inc.Iudin,ii
pr.'evenILJ..va! carle; L,o ziissist a family Member i persc::in whio is
Like! farn,,ily L:,io the env q:A(::)Y1E,,ee,) wii-) is ill.I., j.'rijure(J., or has
other health----orielated needs, i.in1c.I..u1dJ..t'iig preventive i i
fioz.:- reasons Lrom, or tir..) as! ist a Eami..I.y (or
persot-i whio is Ii.ke Eami,1y to t.heemplolye�(,:') who is a vict.im
(::)f, id,oimestiic violenice, sem,,�al assaulLt, or st,alking.
Additional infot.:'mation on cont.raictioir requirements work.er
u.,inder t.he E10 is available at
WWW I.,d'(.).L .gov/'whd/1g,ov(.-,ont ract.k;:a
LJn.I.A.-stied cLuwssifi.cat.ions neicaided for work nog:::, inic'11,1died wi.thin
1!:Ihe siclope of the class.ificati,ons listed vraay be aiddeld, after
,award only as pr1r),vided :i r: t.hie I.abor stanidards contra(,�::,.
c.I..aitis e is
........................ .......
The body of E"aich wage id,eterrrainati-c,m lists Lhi[:"'
and waii raties 'fin l:�uat have k-.)ieen founid to be priF..vai.1A ng for the
c LA.,ed tyP)e (s) of: c::,,onstruc:t-ion iril the area covered by Lhia:.',
wa�,Te dieU..�rm.J nati 'on. Thian g,-,�.La ssifiications are isted ir'i
alphabir,::'ti.caa]L ordie.::r of ""identifi.ers"i" tr'iat inid Lc al� e whether
tl--ke, part]..cular ratio Ls a Uni.on, ra,be (curr�ent union
negoti.atEr+d rate fiozI. I.oical.) , a survey r,atiE:!! (wir ighted
ratecan. a union average ratE!! i(we.ighted ii.mi..on avera,c:,,[e rate)
Union Rate f i e r s
A letter aN-.)revj..at,J..on e r
encl.c::)seird -in c,'k-)tteld Iines kDeginning with cha!:Iracters, oil:::,her'
WIPTIS[ vW will 911 1�
thian I or UAVG""" deniotes that, LMI.Orl
*1,ass i E i c a ti o n and rnu.iL,e we:nm e prievail,inark fc::)r that
*I.as a i f ic a g::"i o n lin the sui.::'vey.
Exairnpl.e:
P.I.,UM'(31.98 0105 07/01/2iiD.I.A . PLUM an i ci c T n LA..f..J.e r
cf the union wl'-niich prevail.ed in the survey thi..s
wh.i ch, in thAs example wcml.d k,-pe P'.1umb,e.-rs .
i.ndi (,.,,6iA:::,es the Local uni.oz'�r number or distr-icAL:, cour.icil
number whiere apo pli.icab.Ie, 'L .e. , E'luribersLoical 0198 . The n,r%.>,.,.t
number, 005 'Ln tire exarnp] i is an i rite!rna.l numbet-I used in
the wage 1017,11011,210'.11A is thie
eff.ective daite of !roan mic-)st, current nec::,otiat,(,ad r'ate, wI'-iA.,r,:!h iii'll
thi.s exanun 1ple is Jr.i.Ly 1, 2014 .
Page 44
bJnion prevail.i..ng wagie raties air i,,Ypdat,r-.^ic.J to reEI.ea:::'.J- all, raLE,.'
changiesiin tl'ne bargain.i.ng agreemu ..-nt (,CBA)
gir.::pverning this c.I.assi.fi.a:..::atr.on arild rate,
Survey Rate Tdenti.fi..ers
IA sted undier the ""S(P"" i.dir.:MiI.Jifier inidicatiE.'
th,at, nic one, r,ate prevai led for this classification lin the
;::;urvey and thiilr.:.^ put)..Iisheid rate is dEit ived k')y compl.fl,ing a
weirhted av(:.arzuqe rate ba;:.3e(i on a.11 the rail11c.-nF, repioa.,t&J ii"' t:'hie
si.lrvey for t,hat classi f i catiir.pn. As this w1e-icjh'[.,e..id average
raite inic.ludes all ii:.-a,tes i-qz)orted in the s%:irvey, it may
it-uclj,:ade both unio�n and not"i--union ii,ates . Ex,,ample�:� StiJLA2012-
007 5/1.3/201/-d . SU J ndiicates the raties are survey rates bas,c.:aid
ona we!: ghI::, d a'Veraige icala--,-ulatiori rate;:Ii and not
ma poi,.'ity rates . LA indi,,( a,tes the Stat(';,,, of 2012 J-s
the y1ear of survey �on whic,',h these c a s�ii fications and rates
are ba:Ised. next ()07 in thEa r,,xamyA.e,,, is ain
i.nternal number t.iseid in px°'oduc.i.ng 'G::,he waigo
5/-3/21014 indiir.::°,ates tl"ue surviey coriiipletion date fir.:)r the
cl,assifications and ra'l::.es uy-n,ierithat idia::nn'atifi.er. .
Sur.-vey wage rates arie no't.'. updw:nU' d and riemain in effeict unti.I.
a new survey is co'riid0...ic:I:::,e1d.
Union Average Rare., Identif Lers
s s i f Ji.c a t,i oni(s) listed uq der the kJAV"G Ji.d�,::?nti.fjiier ir-u:: -ait.e
1::,,hat nio si..ngle ni[ajori ty im,ate RT:revail.eid. for those
1.ass i f i c a ti ion,s; hourn ir-.rver, 1.100% Of LhE, data reportiiw,,"d fir..)r 1:::1he
c] a s s i f JI..c.,,a i1,i ic-,nns was union uIata , EXAMPLE-. td 0 11- 0 0.1 10
108/29/2014 . UAVGindicaees 1:That T,::.I-ie ratin is �::
i wei igi�uted un.iion
avpi"agir rate. C)II indi 4-::a.tes thie sitatie. Tile n'ext 0101.0
i;n the ic,.:nxanip] , is an narnbir-.1^r i.lsicnad in prioiduc"inig the
wagie aJeterMinati..ion - 08/29/21014 indicates the survir:aY
comple'tion d,a .r.. for the classi E.J..cati.ons andt-,ater,.; under I:::.h.a.t
I.,d e n t i.f i e r
A UAVC,' rate wil.1 be updatiraial c.')nce a n..u,sually J n January
of ie,aa:::nh year, to u ef:ll..a'^n°t a weiigi-Vtea:J average of t.hie current
neg1r.:)ti..at1ed/CBA rat(.-:a of ii hie uni.on 1ioc,,7,Is from whi.ch the z:-a'l::,e!
is based.
------------- -
WAiC,',,E Df.;�i 7",E RM r 11"NA"I'10N AFIIT.:)EA I.,S PIROC'J�.�&S
1I.. . ) Has ther(,:: belen an ini.ti.al. iri k..he matter? V-ii.�s,
ca n
be:
Page 45
a n x .s t J ing pub.lAshed wage 6-��,-�terrnirilati.o,rll
a survey underlying a wage clet(i.mrid.natioll
a W,,�cle and Hour E).ivisi.onlettex.:, &r. ttimg forth a pc)SiJLJ..c:)n
a wag(..., app ete.rmii.nati.cm r
H. coria formainlce, (acicli tional. c::A..assification and rate) rani linr:'l
On survir.:mY r1rAated mattlers, iniA::-l.i.,i:R.l. c-,lant&ct, includinig
r1equests foz.�� st,i�nixri,arl.es of surveys, s'hlc>iLlIcJ be with thlfv-. Wagle:.l
and Hoi,:ir Regional. Offilc.;e fear: the area in wh:i,lc,,,h 1::-Iliir.::. sux.:�-Vey
was conducteld belcause those Regional C)Efi c es h av e
resp nsi.bi I ut y f lo r t Yi e D e:i vi.s-Fla c cl,an s u ry e y p r o g Y..,a m .11 f t h,e
response from this initial <.„:ontalr:.,t is no!L. sa!LA sfactory, thlen
the prolcless ldle�:5cribed in 2 . )
and 3. ) shou lict" be Foll.owecl.
Wi.lth regard to any other riatte,;r Eelc)tlet ripe rcxr the forrmal
Y
procira,ssdle,,sc�cil->ed here, ini.tial clontact shoul.lci be with ,-!a
Branch of Cor�stri.�iction Wage Detei-m.-.i..n.a,�'.-,.i..or,os , W r i it le it c.)
B,Icanch of Cic'ms'L.ructi.on Wage
Wage &nlcl llm.,tr Dimi.si<-)n
(J.S. E)epa:ritment Labor
200 Co,nsti..iL.ution Aventie, N.W.
I
Washington, D 2 0 2.1 10
2M If the answer itio thiir?, quilestion in. 1 J.s yies, theri. an
interestec-I party afflected by f p ea c:!t-lo n) can. reclueb,:,,it
re: vi.ew and relconsi dic :r..'aiL.ion from ^the Wac:ae and Hotix
AdIn i,an i.s t r a t o r
(See 29 C."F IIS, 1.>a rt 11- 8 arnd 29 CFR Rart 7 . Writle tio:
Wage and flour
U ..S. E)epartmenit. c:>:D` Lal,-..)nr-
,�.' 00 Consti.tut,i cin Avemae, N .W.
Waspia ilig. ton.1, E)C .,'!:1!0211(.)
u(,::.�st should be accompanied 'by a full stail:lemerft of tl-ne
J niterested party' s pos.itioma and ter &ny (wage
payment daCa, project clesc..,,r]..pAion, arsa 1,:xralc:°tice mate:ri,".Il,
E^tC . ) thalL,, the recaulr..,stor considers rle�,Ievanil:l to L.he J ssue.
3. ) :II"p' the delcisicm of the Aldmini.st.r..-,ator is not
a n
interested party may appea, lcliretly to the
perm i.ew Bc:)ard (formerly the Wage ABoarld) Write to:
pp
Page 46
Ncirni.nistrati.ve Rev.I..ew E!,oard
U.S. �of 11[,abloi
2010 Cionstin.,ition Avem.��e, N.W.
Washimgoxq ET 202110
4 . ) All decisions by the Administrat:Ave Rieview Boaric"I are
final ,
ENE) OFF' GENE!RAI.., DE(�,',ISION
EF
Page 47
FEDERAL REQUIREMENTS: ER-07
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS
(1) Overtime requirements, No contractor or subcontractor contracting for any part
of the contract work which may require or involve the employment of laborers
or mechanics shall require or permit any such laborer or mechanic, in any
workweek in which he or she is employed on such work to work in excess of 40
hours in such workweek unless such laborer or mechanic receives compensation
at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
(2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any
violation of the clause set forth in subparagraph (1) of this paragraph, the
contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor shall be liable to
the United States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in
violation of the clause set forth in subparagraph (1) of this paragraph above, in the
sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of 40 hours without payment
of the overtime wages required by the clause set forth in subparagraph (1) of this
paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee
shall upon its own action or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld, from any monies payable
on account of work performed by the contractor or subcontractor under any such
contract or any other Federal contract with the same prime contractor, or any
other Federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor, such
sums as may be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2) of this paragraph.
(4) Subcontractors. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraphs (1) through (4) of this
paragraph and also a clause requiring the
subcontractor to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in subparagraphs (1) through (4) of this
paragraph.
(5) Health and Safety. No laborer or mechanic shall be required to work in
surroundings or under working conditions which are unsanitary, hazardous, or
dangerous to his/her health and safety as determined under construction safety
and health standards promulgated by the Secretary of Labor by regulation.
Page 48
The Contractor shall comply with all regulations issued by the Secretary of Labor
pursuant to Title 29 Parl:1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC
3701 et seq.
The Contractor shall include the provisions of this paragraph in every subcontract
so that such provisions will be binding on each subcontractor. The Contractor
shall take such action with
respect to any subcontract as the Secretary of Housing and Urban Development or
the Secretary.
Page 49
FEDERAL REQUIREMENTS: FR-08
RIGHTS TO INVENTIONS
All rights to inventions and materials generated under this contract are subject
to regulations issued by the Sponsor of the Federal grant under which this
contract is executed.
Page 50
FEDERAL REQUIREMENTS: FR-9
ACCESS TO RECORDS AND RECORD RETENTION
The Contractor shall maintain an acceptable cost accounting system. The Contractor
agrees to provide the Sponsor and the Comptroller General of the United States or any
of their duly authorized representative's access to any books, documents, papers, and
records of the contractor which are directly pertinent to the specific contract for the
purpose of making audit, examination, excerpts and transcriptions. The Contractor
agrees to maintain all books, records and reports required under this contract for a
period of not less than three years after final payment is made and all pending matters
are closed.
Page 51
FEDERAL REQUIREMENTS: FR-10
CLEAN AIR AND WATER POLLUTION CONTROL
Contractors and subcontractors agree:
a. That any facility to be used in the performance of the contract or subcontract or
to benefit from the contract is not listed on the Environmental Protection Agency
(EPA) List of Violating Facilities;
b. To comply with all the requirements of Section 114 of the Clean Air Act, as
amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution
Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring,
entry, reports, and information, as well as all other requirements specified in
Section 114 and Section 308 of the Acts, respectively, and all other regulations
and guidelines issued thereunder;
c. That, as a condition for the award of this contract, the contractor or
subcontractor will notify the awarding official of the receipt of any communication
from the EPA indicating that a facility to be used for the performance of or benefit
from the contract is under consideration to be listed on the EPA List of Violating
Facilities;
d. To include or cause to be included in any construction contract or subcontract
which exceeds $ 100,000 the aforementioned criteria and requirements.
Page 5
FEDERAL REQUIREMENTS: FR-11
ENERGY CONSERVATION REQUIREMENTS
The contractor agrees to comply with mandatory standards and policies
relating to energy efficiency that are contained in the state energy conservation
plan issued in compliance with the Energy Policy and Conservation Act (Public
Law 94-163).
Page 53
FEDERAL REQUIREMENTS: .FR-12
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION
The Contractor certifies, by acceptance of this contract, that neither it nor its
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 I T -1
LOBBYING INFLUENCING L EMPLOYEES
(1) No Federal appropriated funds shall be paid, by or on behalf of the contractor,
to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the making of any
Federal grant and the amendment or modification of any Federal grant.
(2) If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with any Federal grant, the
contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby
Activities," in accordance with its instructions.
Page 55
FEDERAL REQUIREMENTS: .FR-14
DOMESTIC PREFERENCE FOR PROCUREMENTS
As appropriate and to the extent consistent with law, the non-Federal entity should, to the
greatest extent practicable under the award, provide a preference for the purchase, acquisition,
or use of 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-115
PROCUREMENT OF RECOVERED MATERIALS
A non-Federal entity that is a state agency or agency of a political subdivision of the state and
its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act. The requirements of 6002 include procuring
only items designed in guidelines of the EPA at 40 CFR 247 that contain the highest percentage
of recovered materials practicable consistent with maintaining a satisfactory level of competition,
where the purchase price of the item exceeds $10,000 or the value of the quantity acquired
during the preceding fiscal year exceeded $10,000; procuring solid waste management services
in a manner that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA guidelines.
EXHIBIT F
Certificates of Insurance
Attached Behind This Page
rage I ox &
CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)
01/07/2022
THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
ii
.............. .
I
—
PORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer riahts to the certificate holder In lieu of such endorsement(s).
............................................... ................ ...........................................................................................................
PRODUCER CONTACT Willis Towers Watson Certificate Center
"M!K;.................................................................................................................................................................................
...............................
Willis Towers Watson Midwest, Inc. PHONE FAX
c/o 26 Century Blvd VVQ�ft-u'%11...........1-•877........ 945-7378. No): 1-888-467-2378
E-MAIL
P,O, Box 305191 ADDRESS. certificaten@willis.cosa
......................
Nashville, TX 372305191 USA INSURER SAFF
ORDINGOVERAGE NAIC 9
........................................................................................ �—
INSURERA:
Liberty Mutual Fire Insurance Company 23035
INSURED INSURER B: Ohio Casualty Insurance Co any 24074
BOREngineering, Inc. ...........................................................................................
1917 South 67th StreetINSURER C� Liberty insurance Corporation 42404
..................................................................................................................................................................................I....
..........................................................................................................................................
Omaha, NE 68106 INSURER 0
INSURER E
INSURER F!
COVERAGES CERTIFICATE NUMBER.W23728100 REVISION NUMBER,
..............THIS.................................................................................................................................................................................
..........................
1�5 TO CERTIFY THAT I HE POLICIES OF INSURANCE LISTED BEIOW HAVT.--, BEI:.EN ISSUED"T'O THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REOWREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERnFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIi:.:.S DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSION'S AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEIENRIEDUCEDBY PARD CLAIMS.
.......... CONDITIONS.......... ...........................
INSR [ADD�TSUBR POLIGYEFF POLICNEXP
LT TYPE OF INSURANCE POLICY NUMBER mmjoU1yyyv aulagnwvvy, LIMITS
...................................................................- ............................................................................................................. ......
.......................................................................................................
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
WI;1........................................................
i,5A—MA6ff'M'Rr.W .1)
(,LAIMS-MADE X ()(,CqJR PREMISESr.-gp
gS 1,000,000
..................... ..............(.. . . ..............
A X Contractual Liability _MED EXP(An one pLsonj $ 10,000
..................
Y y T132-641-444950-031 06/01/2021 06/01/2022
. ........................... ... PERSONAL&ADV INJURY $ 2,000,0.0...0
....... .... ......... ........ ......... ......... ......... ..............
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000
` PRO
POJ
D X - _fRODUCTS-COMP1OF!±qG L_ 4,000,000
POL OCY X JECT X'' LOC I
"I'll',
......................
AUTOMOBILE LIABILITY COMBINED SINGLELIMIT —$ 2,000,000
-LEA-mWenA................................................................................................................
X ANY AU M BODILY INJURY(Per person) $
r�cHEIA)t.E[) . ........................................................................................
A OW y Y AS2-641-444950-041 06/01/2021 06/01/2022 BODILY INJURY(Per acddent) S
................ A�,JTN&� N I Y AI,P T OS
HIRED NON-OWNEn PROPERTY[AMAGE
AUTOS ONY ................. AUTOS ONLY _ff�er drcedqntL—
L ..............
............... --- —
AUMBRELLA LIAAB occun EM3 I C)CCURRENCE $ 5,000,000
X EXCESS.LIAB CQ AIMS-MAOF Y y EUO(22)57919363 06/01/2021,06/01/2022 AGO:IEGXTE S 5,000,000
— r� I............
_n
I:Prn X REZE.P.4 1.. .0................................................... $
WORKERSCOMPENS..A T 1 0 N x PER 10TH.
AND EMPLOYERTLIABILITY ...................... .......................
.............. .....M. .. ........L1� ...... ....................
C ANYPROPIRK::FORJPAR TNERIEXIECUY/N ME Aq!..'nI!'�EN T $ 1,000,000
OFFIC EMM6MBER r.,XCLUDED? ING1 N)A� MA7-64D-444950-011 06/01/2021 06/01/2022 :..................................................
(Mandatory In NH) E.Q.,DISEASE-EA EMPLOYEE $ 1,000,000
.......................................................................................................................................................................................
................................-
11m,dew,fteunder 1,000,000
DESCRIPTION OF OPERNTIONSWIow E.Q FASEASE- i$
......................
...................................................................................................................................................................................................
......................................................................................
DESCRIPTION OF m:,c-nx'noms,LOCATIONS fVEHICLES(ACORD 101,Aii:IdWon&I Remorks:50iodWo,uney Ise sfiaOied'IV mnre api%ce I&vequlredp
Cozztificata Holder is named as Additional insured on f,"mene:ral Liability, Automobile Liability and Umbrella/Kitcos 4
Liability on a Primar)
y, K�:�n contributory basis where requ.-i.red by writ,::ten contract. Waiver Of SUbrOgatiOrk arpli,05 qDn
Gerteral Liab.1.1ity, katomoh.ile Liability, Umbrella/Excess Liability and Workezz Compensation where recFAired by wrJ.tten
contract and as permitted by law, Umbrella/Excess policy is follow form save:: General Liah.ility, Auto Liability and
Employerq Liability.,
...................................................................................,....,,.,,,,,,,,,,,,,,,,,,,^,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
..........................
CERTl1FICA"rl:..HOLIDIER CANCELLATION
....................
SHOIJI 10: ANY OF THE ABOVE DESCRIBED POLICII.E.'Z SE CANCELLED BEFORE
THE EXPIRATION DATE P-01EIRIE01F, No'nCE WILL BIE DELIVERED IN
ACCORDANCE WITH THE POO ICY PROVISIONS.
City of Round Rock AUTHORIZED REPRIME04TAUVE
Attn: City Manager / If ederico Sanchez
221 East Main Street (1,e� .A-y
Round Rock, 91% "78664,
@1988-20,16 ACORD CORPORATION., All rights reserved.
ACORD 25(20-16103) The ACORD name and logo are registered marks of ACORD
SR Ty-a 22073036 "INYCH 2363853
AGENCY CUT ER ID:
LOC
ADDITIONAL REMARKS SCHEDULE g 2
AC(7R'L]' Pae 2 of . ...
AGENCY NAMED INSURED
Willis Towers Watson Midwest, Inc. BDA Engineering,,, Ind*.
1917 South 67th Street
'..POLICY NUMBER '..Omaha, NE 58106
See Page 1
E CARRIER NAIC CODE
5 See Page I See Page 1�11 EFFECTIVE 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 RDR Engineering, Inc., (Engineer) for this work shall consist of providing engineering
services for Schematic Updates and PSE 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) ,.
I
ACORD 101 (2008101) )2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Co Tr%= )7n'77n'ar namrrvu- 74G7GC9 hPnm• td77'77121nA
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1041
Complete Nos.I-4 and 6 if there are interested parties, OFFICE USE ONLY
Complete Nos.1,2,3®5,and 6 if there are no interested parties. CERTIFICATION OF FILING
I Name of business entity filing form®and the city,state and country of the business entity's place Certificate Plumber"
of business. 2022-845444
HDR Engineering, Inc.
Round Rock,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 01131/2022
being filed.
City of Round Rock Date Acknowledgeck
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other prop"to be provided under the contract.
MDW24
Professional Engineering Services
Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Keen,Eric Omaha,NE United States X
O'Reilly,Charles Boston,MA United States X
Meysenburg,Galen Omaha, NE United States X
LeCureux, David Omaha, NE United States X
HDR, Inc. Omaha, NE United States X
5 Check only it there is NO Interested Party.
6 UNSWORN DECLARATION
My name is Mark D.Borenstem and my date of birth is
My address is Round Rock _IX_, 78681 _USA
(street) (City) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Williamson County, State of Texas on the 31 St day of JMbla[y2012_.
(month) (year)
Signature of authorized agent of contracting business entity
(D .rant} I
Forms provided by Texas Ethics Commission www,ethics.state.mus Version V1.1.191b5cdc
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loll
Complete Nos.1-4 and 6 it there are interested parties. OFFICE USE ONLY
Complete Nos.1,2®3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2022-845444
HDR Engineering, Inc.
Round Rock,TX United States Date Filed:
2IV a of governmental entity or state agency that is a party to the contract for is the for is 01131/2022
being filed,
City of Round Rock Date Acknowledged:
02/1812022
3 Provide the Identi Fication number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
MDW24
Professional Engineering Services
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
controlling T_
ontrolling intermediary
Keen, Eric Omaha, NE United States X
O'Reilly,Charles Boston,MA United States X
Meysenburg, Galen Omaha, NE United States X
LeCureux, David Omaha, NE United States X
HDR, Inc. Omaha, NE United States X
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) Oty) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct
Executed in County, State of on the-day of_,20
(month) (year)
Signature of authof rz ed agent of contracting business entity
,Declarant)
Forms provided by Texas Ethics Commission www ethjcs state.tx us Version V1.1,191b5cdc