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Frequently Asked Questions

Attachment 4 is the Quality Control Plan. This attachment provides the general guidelines for developing a QCP, but the QCP is not due until 14 days after contract execution. Do I need to include any QCP information in the contract?

The City of Austin Quality Control Plan Requirements (Attachment 4) will be included in the contract.  The QCP submitted after execution will be reviewed using the requirements in Attachment 4.

Does the City of Austin require rest breaks on its construction sites?

Yes. In July of 2010, the City Council passed Ordinance No. 20100729-047, amending Title 4 of the City Code to include a section regarding Working Conditions at Construction Sites. This Ordinance applies not only to City construction sites, but to any construction at “a site or structure for which a building permit or site plan has been issued under Title 25 (Land Development Code) for an existing or proposed use.” Signs for the ordinance must also be displayed at the work site(s).

- For more information on the Rest Break Ordinance and its requirements, click here.

- For copies of the Rest Break signs, click here.

If you wish to file a formal complaint regarding a violation of the Rest Break Ordinance, please call 3-1-1.

Does the printed name shown in my Corporate Authorization (CAR) form need to be presented exactly as such on all contract documents including signature pages, non-discrimination policy and Appendix A documents?

Yes, the printed name and Title on the CAR form must match all documents submitted with your contract.  For example, if “Charles D. Smith, PhD, PE” is written on the CAR form, the signature on the Contract Signature Page will not be accepted if written as “Charles Smith” or any other variation of the name written on the CAR.

How do I submit a pay application and what must be included in the pay application?

The Rotation List Manager will send a template of the pay application cover sheet and Subk form with the Notice to Proceed (NTP).  Complete these two forms, and submit your firm's invoice on company letterhead, along with the updated attachment 1, Resource Allocation Plan.

If the method of payment selected on the attachment 2, NTP, is "lump sum," then the invoice should reflect a percent complete of the tasks indicated on the attachment 1 (RAP).  The RAP should also be submitted to show percent complete.  Time sheet back-up is not required for lump sum method of payment.

If loaded hourly method of payment is selected on the attachment 2, NTP, then back-up of employee labor charges shall be provided with each invoice.

Send pay application to the address indicated on the pay application cover sheet.  It will be reviewed by central invoicing, then sent to the Project Manager for approval and further processing.  It should take no more than 30 days to receive payment, from the date the City receives an acceptable consultant pay application.

How is a prevailing wage rate determined?

Contractors in the area are surveyed to determine how much they pay workers in a construction trade. Most often, the US Department of Labor conducts the survey; however, the City can also conduct its own wage surveys, if needed.

How many PSA documents are required?

Please provide three (3) copies of the Professional Service Agreement (PSA) Documents: Original signature page, General Terms and Conditions, Supplemental Terms and Conditions, and Attachments 1 -5.

I know of an apparent wage violation on a City project. Who do I contact to report this?

If you suspect that a wage violation has occurred on a City project, please send an email to CCO Wage Compliance at CCOWageComplianceDL@austintexas.gov with the following information:

  • The name(s) of the affected worker(s) and the type of apparent wage violation
  • The name of the worker’s employer (company name)
  • The name or specific location of the City project

Be prepared to leave your own contact information if you would like the City staff to follow up with you regarding their findings.

If I have my own non-discrimination policy do I have to include the City’s?

While you do not have to include the City’s non-discrimination policy, it is preferred that you print out the Form B on your company letterhead,  check the appropriate box; have an authorized individual (from the  Corporate Authorization Resolution) sign the document and include it in your packet.  In the past, a majority of the consultant non-discrimination policies have not contained all of the requirements outlined in the City Code Section 5-4-2-B.  Submitting Form B with the PSA ensures that all requirements are addressed, eliminating the possibility of having to resubmit the document.

If my Certificate of Insurance is approaching expiration, will it be accepted?

If the Certificate of Insurance will expire within two months of contract execution, please ask your Insurance Agent to provide a Certificate confirming renewal for the following year.

Should I provide the City one (1) or three (3) copies of my Corporate Authorization Resolutions (CAR), Insurance certificates and Non-Discrimination documents?

Only one (1) copy is required.  Please provide one (1) copy the Corporate Authorization Resolution (CAR), Certificates of Insurances, and Non-Discrimination policy with your packet.

What is a prevailing wage rate?

That’s the average rate of pay most commonly paid for a particular construction trade in the area.

What is required by the consultant to receive a Notice to Proceed?

The following items are required:

  1. A proposal with a scope and fee that is acceptable to the Project Manager and sponsoring department.
  2. Attachment 2 - Filled out by the Rotation List Manager, sent to the prime consultant for signature, then signed by the Rotation List Manager.
  3. Attachment 1 - Resource Allocation Plan (RAP). This needs to be submitted along with the proposal and approved by the Project Manager. An example (Sample Attach 1) is included in the spreadsheet.
  4. Proposals from all subs to be used. Please ensure all loaded hourly rates are in compliance with the approved PSA rates listed on attachment 3 of the executed PSA.
  5. Completed Subconsultant Utilization Form signed by your firm and the Project Manager. Please meet all MBE/WBE Compliance Plan goals for each rotation list assignment, and remember to follow the approved compliance plan and to use subs for the commodities and specialties that they were originally brought on your team to perform. The intent is to use the subs every time the scope listed on the compliance plan arises.
What is required if I choose to adopt the City’s non-discrimination policy for my Firm?

You can not simply state you will follow the code of the City of Austin’s Section 5-4-2.  You must print out the statement from Form B, which includes all requirements listed in Section 4-2, on your company letterhead. You must also have it signed by a company official. This ensures everyone is aware of the requirements at the time the contract is executed and provides a baseline for future changes.

What is the process for receiving an assignment?

The Sponsor or Public Works Project Manager (PM) requests an assignment; the Rotation List Manager sends an assignment letter to the next firm on rotation (subs will also be notified); firm accepts assignment within 5 days; PM and firm negotiate an acceptable proposal to include approved subconsultant utilization form and RAP; Rotation List Manager issues Notice to Proceed.

What wage-related posters are required to be displayed at a City of Austin construction work site?

For all non-federal projects, the following posters must be displayed:

  • Texas Workers Compensation posters showing employee coverage (English and Spanish versions)
  • Equal Employment Opportunity posters (English and Spanish versions)
  • Texas Payday Law posters (English and Spanish versions)
  • Rest Break Ordinance posters (English and Spanish versions)
  • Title VI Rights poster
  • City of Austin Contact and Wage Dispute Notice (English and Spanish versions)
  • a copy of all applicable Prevailing Wage Rates for the project

Any City projects receiving federal funds are required to display additional posters, subject to the requirements of the funding source. All required wage-related posters are provided to the Contractor by City staff prior to the start of work.

Some of these postings are available on our Wage Compliance webpage. All required postings are provided by City staff at a project's pre-construction meeting prior to start of work.

Where can I find a copy of the prevailing wage rates?

For a specific project, a copy of the prevailing wage rates can be found in Section 00830 of the Project Contract. A copy should always be accessible to the workers on site, to whom the rates apply.
For a copy of the latest prevailing wage rates (not specific to a City project), you can visit this website: http://www.wdol.gov/wdol/scafiles/davisbacon/tx.html. The City of Austin uses Travis County rates.

Why does the City of Austin require that Contractors pay these prevailing wages?

The City of Austin is required by State law (Statute 2258) to enforce payment of prevailing wages and retention of required documents on municipal construction contracts for all publicly funded construction projects. In 2003, City Council passed Ordinance 030508-031, adopting the general prevailing rate of per diem wages established by the U.S. Department of Labor (DOL). In addition, all City of Austin construction projects receiving Federal funds must strictly follow the Davis-Bacon Act. For more information on the Davis-Bacon Act.