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Contract - Halff Associates, Inc. - 8/22/2019 ROUND ROCK TEXAS CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: HALFF ASSOCIATES, INC. ("Engineer") ADDRESS: 9500 Amber0en Boulevard, Building F, Suite 125, Austin, TX 78729 PROJECT: Wyoming Springs Segment 1 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the'L day of t4S+ , 2019 by and between the CITY OF ROUND ROCK, a Texas home- rule municipal corporation, whose 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. RECITALS: 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 and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; 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: Engineering Services Contract Rev. 04/13 0199.1931; 00427403 00192831 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 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled"City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in 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 CONTRACT TERM (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 he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (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. 2 (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 Five Hundred Forty-Six Thousand Seven Hundred Seventy-Six and 54/100 Dollars ($546,776.54) 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. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 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: Dawn E. Scheel, P. E. Project Manager 2008 Enterprise Drive Round Rock, TX 78664 Telephone Number(512) 218-6603 Fax Number(512) 663-1098 Email Address dscheelL&roundrocktexas.gov 4 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: Eric Ratzman, P.E. Senior Project Manager 9500 Amberglen Boulevard, Building F, Suite 125 Austin, TX 78729 Telephone Number(512) 777-4620 Fax Number N/A Email Address eratzmanCc�halff.com ARTICLE 9 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 (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If 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/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services 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 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 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. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty(30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty-day notice period shall not exceed the amount charged during the preceding thirty(30) days. If 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 termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set 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 federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) 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 harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reimbursement of reasonable attorney's fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. 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/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) 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 11 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 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 or any material change in coverage, and such notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self-Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 12 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. 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 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Eric Ratzman, P.E. Senior Project Manager 9500 Amberglen Boulevard, Building F, Suite 125 Austin, TX 78729 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. 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. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (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. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above-stated representations and warranties 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 R9PND ROCK TEXAS 4APPRD AS TO FO M: By: IV L ICraig M gan, ayor eets, City Attorney ATTEST: Ey: UOLL. Sara L. White, City Clerk HALFF ASSOCIATES, INC. By: Signatu f cip 1 , Printed Name. 11 4 15 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 Certificates of Insurance 16 EXHIBIT A City Services The City will furnish to the Engineer the following information and/or perform the following tasks: • Provide a tax exemption form for the purchase of taxable goods and services. • Post and pay for notices in local publications. • Post and maintain project information on City website, as appropriate. Provide Engineer a project specific email address which citizens can use to direct inquires. • Provide the Engineer a database or listing of Home Owners Associations in proximity of the Project. • Review Engineer 's plan and submittals, and cost estimates. • Assist the Engineer in obtaining property rights-of-entry for ground surveys and environmental investigations. • Support project development with external stakeholders such other agencies and property owners. • Assist the Engineer, as needed, in obtaining data and information from the State, County, and/or other franchise utility companies. • Coordinate and communicate project items and progress to other city departments, as appropriate. EXHIBIT B Engineering Services GENERAL PROJECT OVERVIEW For the scope of services for this contract, the Engineer shall provide professional services for preliminary schematic design and initial environmental due diligence. Engineer will provide services described in further detail as follows: Task 1 - PROJECT MANAGEMENT 1.1. Project Administration • The Project Manager shall communicate with the city project manager. • Prepare project meeting summaries for applicable meetings during the project development process. • Keep records of project correspondence and make such records available to the city as needed. 1.2. Monthly Progress and Invoice • Create and submit monthly invoices in required city format. • Prepare monthly progress reports for submission with the invoices to provide a written account of the progress made to date on the project 1.3. Sub-consultant Management • Prepare and execute contracts with sub-consultants, monitor sub- consultants work, review and approve of sub-consultant invoices. Task 2 — DATA COLLECTION 2.1. Field Surveying — a. Survey Control • Surveyor shall assure compliance and adherence to all rules, regulations and policies as set forth by the Texas Board of Professional Land Surveyors and Texas Society of Professional Surveyors Manual of Practice for Surveying. • Recover existing or establish new survey control sufficient to complete the project. Final Horizontal coordinates will be provided in the Texas State Plane Coordinate System, Central Zone (4203) in US Survey Feet on the NAD83 (2011) datum. Exhibit B Wyoming Springs Segment 1 —Preliminary Phase Page 1 of 7 • Provide vertical positions on NAVD88 datum. b. Right-of-Way Verification • Obtain and review deeds/plats pertaining to adjacent properties identified from Williamson County Appraisal District records. • Locate existing ROW/boundary monumentation. • Perform calculations and analysis to re-establish existing ROW/boundary lines • Determine apparent right-of-way based on plat research. Legal lot lines will not be established c. Topographic Design Survey (ROW to ROW) • Perform field survey of the area outlined in red on the June, 2019 Concept Plan, including the intersection of Creek Bend/Brightwater and 1000 feet in both directions along Sam Bass Rd. The approximate area of survey including the June 2019 concept plan, the intersections at Creek Bend and Sam Bass, and the area along the creeks necessary for modeling of improvements, totals 43 acres. • Driveway and street/county road data - collect type of surface (asphalt, concrete, seal coat, gravel, dirt, etc.), with or without culvert, type of culvert pipe, size, length, with or without Safety End Treatment (SET) for a distance of 50' beyond the existing roadway ROW. • Obtain break lines and spot elevations sufficient for 1ft contour intervals. • Obtain line and grade on handicap ramps, crosswalks, and sidewalks. • Field tie above ground visible improvements. • Locate trees 8-inches and greater. The critical root zones (tree circles) will be shown in accordance to city standards, unless other local or specific standards are provided • Behind curbs, tie visible utility locations, including ties to above-ground features, such as power poles, valves, and other features to the right- of-way line (i.e. edges of pavement, curbs and gutter, sidewalks every 50 feet, building corners etc.) either found by our surveyors or located for us by utility companies and/or other agencies. One-call will be notified prior to acquisition of survey. Halff shall not be liable for utilities not identified as part of the one-call at the time of survey. Note: does NOT include tying irrigation heads; irrigation heads are often below the grass and not readily visible/locatable. • Provide spot elevations at center point of manhole covers and access vaults outside of pavement. • Process field collected data for field survey. • Perform quality control for survey requirements. • Extract spot elevations and break lines into DTM. • Extract and prepare triangulated irregular network into DTM. • Load 1-foot contour information 2.2. Geophysical Testing — see attached proposal from Raba Kistner Consultants, Inc. Exhibit B Wyoming Springs Segment 1 —Preliminary Phase Page 2 of 7 2.3. Geotechnical Borings and Laboratory Tests — see attached proposal from Raba Kistner Consultants, Inc. 2.4. Subsurface Utility Engineering (SUE) — In accordance with ASCE C-1 38-023 perform Quality Level-D Utility Records Research and conduct a Quality Level-B Utility investigation including electronic depths to identify and evaluate all known existing utilities. As a visual of the utilities is not obtained during Quality Level-B, electronic depths shall be deemed approximate. Up to ten (10) Quality Level-A Test Holes shall be performed within the project including two days of traffic control. Prepare a base map depicting the Quality Level-D through Quality Level-A utility information and create a utility conflict matrix identifying potential known conflicts. 2.5. Traffic Counts and Intersection Analyses — see attached proposal from BGE, Inc. 2.6. Karst survey and Geologic Assessment— see attached proposal from SWCA, Inc. 2.7. Waters of the United States Delineation a. A field delineation of aquatic features with the potential to be regulated as waters of the United States (WOTUS) will be completed within the proposed right-of-way. The delineation will be performed in general accordance with the 1987 United States Army Corps of Engineers (USACE) Wetland Delineation Manual and the 2010 Great Plains Regional Supplement. Aquatic features limits will be delineated based on the location of the ordinary high water mark, or wetland indicators where applicable. Aquatic feature limits will be mapped utilizing a Global Positioning System (GPS) capable of sub-meter accuracy and the mapping standards generally accepted by the USACE Fort Worth District. b. A report will be prepared documenting the results of the field delineation and providing a jurisdictional opinion for aquatic features observed within the proposed ROW. The report will include a summary of background information reviewed for the project (e.g. United States Geologic Survey maps, soil maps, National Wetlands Inventory Maps, floodplain maps, etc.) as well as a summary of field observations (e.g. dominant vegetation, soils, hydrologic characteristics, etc.). The report will be prepared to serve as an attachment to a USACE pre-construction notification submittal, should such documentation be required 2.8. Cultural Resources Investigation - see attached proposal from SWCA, Inc. 2.9. T&E species study - see attached proposal from SWCA, Inc. Task 3 — SCHEMATIC AND ENVIRONMENTAL 3.1. Initial Coordination with city for Dry Fork Creek strategy — meet and discuss with city staff to identify and evaluate the feasibility of potential options for achieving Endangered Species Act (ESA) compliance. Work to develop Project alternatives to achieve ESA compliance for the Jollyville Plateau salamander and endangered karst invertebrates, prior to engaging with applicable agencies. Exhibit B Wyoming Springs Segment 1 —Preliminary Phase Page 3 of 7 3.2. Initial Coordination with US Fish & Wildlife Service (USFWS) — see attached proposal from SWCA, Inc. 3.3. Initial Coordination with US Army Corps of Engineers (USAGE) — Permitting Assessment a. Utilizing data collected during the field delineation and schematic design, a preliminary WOTUS impacts assessment will be conducted. The impacts assessment will be utilized to determine the appropriate permitting action (if any). b. A brief permitting assessment memorandum will be prepared detailing the results of the impacts assessment, and recommending further action (pre- construction notification, functional assessment, mitigation plan, etc.) that may be required to ensure compliance with Section 404 of the Clean Water Act. c. ENVIRONMENTAL (WOTUS) EXCLUSIONS: (i) Nationwide Permit pre-construction notification (ii) Conceptual/compensatory mitigation plan (iii) Permittee responsible mitigation plan (iv)Section 404 Individual Permit (v) Approved Jurisdictional Determination (vi)Site visits with the USACE Fort Worth District (vii) Pre-application meeting with the USACE Fort Worth District 3.4. Geotechnical Report and Pavement Design - see attached proposal from Raba Kistner Consultants, Inc. 3.5. Preliminary Drainage and Water Quality Calcs— a. Cross Drainage Analysis - Field Reconnaissance will include up to two (2) site visits to observe current drainage patterns, outfall channels, cross drainage, and land development project adjacent to the proposed project area. Collect available data including GIS data and maps and previous H&H models for Upper Brushy Creek watershed considered to be best available data from the City and State (i) Validate and utilize Upper Brushy Creek watershed study H&H models to analyze proposed crossings at Brushy Creek, Dry Fork, and Stone Canyon outfall. A total of four H&H models were identified. Two models for Upper Brushy Creek and two models for all other tributaries. (ii) Conduct two bridge cross drainage analysis and potential flood risk analysis to adjacent properties for the 10-, 25-, 50-, 100-year and ultimate 100-year storm events for up to two road crossing options. (iii)Conduct culvert cross drainage analysis and potential flood risk analysis to adjacent properties for the 10-, 25-, 50-, 100-year and ultimate 100-year storm events for up to two road crossing options. (iv)Engineer will determine effects of NOAA Atlas 14 rainfall data and recommend a freeboard to be applied at each of the major crossings. Exhibit B Wyoming Springs Segment 1 —Preliminary Phase Page 4 of 7 (v) Determine flood mitigation solutions that will demonstrate no adverse impacts to adjacent properties. Up to two mitigations solutions per the three major crossings identified. Work closely with road and bridge engineers to develop a mitigation to show no adverse impacts. (vi)Meet with City Floodplain Administrator and Transportation staff to discuss the findings of the detention analysis and obtain guidance from the City (assume two meetings). If a no adverse impact cannot be achieved, then a supplemental agreement will be required if a FEMA C/LOMR submittal is required. (vii) Prepare cross drainage documentation for the Preliminary Drainage Report and revise with City review comments (one review iteration assumed b. Detention Analysis Needs (i) Utilize Upper Brushy Creek hydrology models to estimate proposed detention volume needed for the 2-, 10-) 25-, and 100-year storm events. (ii) Determine if portions of the project can participate in the City's RSMP program. We anticipate the bridge crossings may be able to participate in the RSMP program. (iii) Determine detention needs at the culvert crossing to ensure no downstream impacts. Analysis will consider NOAA Atlas 14 rainfall will be used in estimate detention volume needs. (iv)Identify potential locations for detention facilities and the need for additional ROW (assume two location options). (v) Meet with City Floodplain Administrator and Transportation staff to discuss the findings of the detention analysis and obtain guidance from the City (assume two meetings). (vi)Prepare cross drainage documentation for the Preliminary Drainage Report and revise with City review comments (one review iteration assumed) c. Water Quality Analysis Needs (i) Preliminary calculations for water quality measures to achieve treatment of runoff in accordance with Texas Commission on Environmental Quality (TCEQ) requirements for development within the Edwards Aquifer Recharge Zone. Determine preliminary total suspended solids (TSS) removal load required for the project. (ii) Identify potential size and locations for permanent Best Management Practices (BMPs) to achieve required TSS removal. (iii) Meet with City Staff to discuss the findings of water quality analysis and obtain guidance from the City regarding preferred options (assume one meeting). Exhibit B Wyoming Springs Segment 1 —Preliminary Phase Page 5 of 7 (iv)Prepare water quality analysis documentation for the Preliminary Drainage Report and revise with City review comments (one review iteration assumed) 3.6. Schematic Design and Preliminary Bridge Layouts — a. Provide Preliminary Geometric Design Schematic, including: (i) Horizontal and vertical geometry meeting the city of Round Rock DACS and color plan/profile with appropriate scales (ii) Existing and proposed ROW/easement limits (iii)Typical sections with side slopes and potential retaining wall locations (iv)Roadway cross sections demonstrating right-of-way needs (v) Intersection improvements (vi)Phased construction elements (vii) Projected traffic volumes b. Preliminary Structure (Bridge/Culvert) Layouts — provide options analysis, and preliminary layouts for structures at Hairy Man Road/Brushy Creek, Dry Fork Creek and Upper Hairy Man tributary; see Attached scope from Aguirre & Fields. Structures may consist of bridges, culverts, Contech structures, or other. 3.7. Open House — Attend and provide project graphics in support of one (1) open house near the project location. Outreach will be to the HOAs affected and mailouts to properties owners in the vicinity and door hangers to houses immediately adjacent to the project right-of-way. Halff will document all citizens email addresses who voluntary provide them at the open house with the intent to provide period email update distributions for the project. In addition to the schematic roll plots, consultant will provide five (5) graphics including: a. Update the BC bridge trail connection graphic (`before/after' type) b. A typical section showing road/sidewalk, new trees and then back fences/houses (`before/after' type) c. One perspective of the Dry Fork Creek bridge d. One cross section of the Brushy Creek Bridge e. One Environmental Constraints Map 3.8. Cost Estimate — Provide preliminary estimate of probable construction costs with schematic level quantities and unit pricing from the Austin District and/or other local/city projects with similar items of work. This will include an estimate of tree plantings within the project limits. Exhibit B Wyoming Springs Segment 1 —Preliminary Phase Page 6 of 7 EXHIBIT B OVERALL SUMMARY OF DELIVERABLES: • Schematic Design Level Roll Plot of the Proposed Improvements • Draft & Final Traffic Analysis Report • Draft Geotechnical Report with Pavement, Foundation and Retaining Wall recommendations • Draft Geophysical Survey (extent contingent on City agreed limits of survey) • Draft & Final Geological Assessment and Karst Survey • Draft & Final Texas Antiquities Permit and Archeological Background Study Report, along with approval Clearances from each entity • Draft & Final threatened and endangered species assessment and impact report • Exhibits for Open House and Public Information The Engineer will perform the services to be provided under this agreement out of Engineer's office(s) as listed below: Office Location Halff Associates, Inc. 9500 Amberglen Blvd Bldg F, Suite 125 Austin, TX 78729 Sub-Consultants: Aguirre & Fields, LP BGE, Inc. Raba-Kistner Consultants, Inc. SWCA Exhibit B Wyoming Springs Segment 1 —Preliminary Phase Page 7 of 7 EXHIBIT C Work Schedule Attached Behind This Page CITY OF ROUND ROCK EXHIBIT C WYOMING SPRINGS PROJECT DEVELOPMENT WORK SCHEDULE 2019 2020 PROJECT TASKS JUN JULY AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN JULY AUG SEPT OCT NOV DEC COUNCIL AWARD/NTP FIELD WORK SURVEY,GEOTECH,&SUE ENVIRONMENTAL FIELD WORK SCHEMATIC DEVELOPMENT SCHEMATIC REVIEW AGENCY COORDINATION USACE,USFWS,TXDOT,THC) -T-F, PUBLIC OPEN HOUSE PS&E WORK AUTHORIZATION#2 AND AGENCY COORDINATION SERVICES INITIATED EXHIBIT D Fee Schedule Fees to be billed on a lump sum basis monthly as a percentage of work completed to date. TASK 1 — Project Administration $ 46,742.00 TASK 2 — Data Collection $ 267,470.54 TASK 3 — Schematic & Environmental $ 232,564.00 TOTAL FEE $ 546,776.54 EXHIBIT E Certificates of Insurance Attached Behind This Page EXHIBIT E CITY OF ROUND ROCK WYOMING SPRINGS SEGMENT 1 SCHEMATIC AND ENVIRONMENTAL FROM CREEK BEND BLVD / BRIGHTWATER BLVD TO SAM BASS ROAD INSURANCE ACCO CERTIFICATE OF LIABILITY INSURANCE 6r7rzDta THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE Of INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: M the certificate holder Is an ADDITIONAL DISURED,the po"(Ws)must have ADOMONAL INSURED pr&Asions or be endorsed. If SUBROGATION IS WAIVED,sub}ect to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this cartfficafe does not confer to the certificate holder in lieu of such!Z:22=998). PRaOVCER wwr,.. Cancy GoshBell insurance GroWring_ 6880 DALLAS PKWY STE 210 P"ONe trn.972-581-4915 FAX 972-591-450 DALLAS TX 75248 E MArL _ be>tg. cam AFFORD"COVERAONI I NAIL• Fofge Ina.Co 1 20r.70a rrsu�a HAISAW 1 RNs~a,National Fire Ms.Co. i 2047a HaW Associates,Inc 1201 N.Bowser msumAc CorAww"Casualty Company 20443 Richardson TX 75081 xlsuttrR c_Anter G6swlty Co of Resd 11DPA 20427 HritMER E�_A, YVorld Sur Imus Liras 24319 F: COVERAGES CERTIFICATE NUMBER:2044461959 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W14CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOVA MAY HAVE BEEN REDUCED BY PAID CLAIMS LM TYPE OF w6UrU1NCE IAoikT -yo04 Y W.i r�6s lit► trrTs POLICYNUMM A X CeaNERCULI GENERAL 1JAaIUTY i a0r9W905I 7r12fYJla 7:1711D19 LEACH OCCURRENCE i SI.CVOD OOC cuuasauDE OCCUR } P SIEawuan+cv) ��S 1000000 I WED DP N wre Pe�e03 115000 i PERSOW&A AOV 14JURY I:1,000000 N=CWErrLL�RA�NTAPPt ESPfk (GE�AGWGATE %2=000i POIR:Y X 71T LOC + i PRODUCTS CORPMPAGC 17 S2 .00000D iO _ !i S a 'AUTOYOee.[Lk*MV-Y '60499090% 71122D1a 7:12:015 a S I.O]0ow AUTO , BOOILY RULJRY 410W wow)is OvWqEo Oa BODILY MJURY(Pw WA4Wl SAU7US ONLY AUT MWX N1 NOl-0vMED TOAUTOS TY DAIMOE ' I S C r1loeo UUW*LLA 3Ae i X OCCUR 1 7rtzwls 7n22019 �HOCCU1�lKF 5500000 UAa CLARASA"7Ei A�CATF $5000000 X S D Wo1wrRSCOWNEENSAMN "M11067 7tlZ=t$ 7hW,019 X 8 AWWT EERR -➢`—v AIR)EIPLOVERS'UA/LRY Yr N .. Ata/PROPRIETORPAP.THER,E)gCUTNEQ RIA EL EACH ACCIDENT $100000 OFFICERNEMBEAEHCLLV E" (11-401ery 1e NN) E L DISEASE-EA EWPUTYEE S I D000D0 a Yes,a na*m W. _ OF OPERATIONS z,64.. EL DISEASE-POLICY,AAT 51.000000 E CProksga.0 Lob ,03'9-3612 71122019 is � 20MMO DESCRIPTION OF OPERATIONS)LOCATNNFS t VEH1CLEa tACO1RD 1E1., eslar AAW Reve-ke Scbeek".stay be eaaicer space N icspate h nNuYM) RE AVO.29581,RM W.30 tray notce of cancemalmn applies except for 10 days for non payment of premNNn General 6ablity is prmary awn-combutory 0 required by w10an contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEIIED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS, City Manager 221 East Malin Street AUTHORi=REPRESENTATIVE Round Rock TX 786645299 17tJ /)/� C 11923-2015 ACORD CORPORATION.All rights reserved ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Exhibit E Wyoming Springs Segment 1 —Preliminary Phase Page 1 of 1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of2 Complete Nos.1-4 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 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-512611 Haltf Associates, Inc. Richardson,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 07/03/2019 being filed. City of Round Rock;Wyoming Springs Segment 1 Date Acknowledged: 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 property to be provided under the contract. AVO 36179 Engineering and Environmental 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Ratzman, Eric Austin,TX United States X Zapalac, Russell Austin,TX United States X Tanksley, Dan Richardson,TX United States X Plugge,Roman Richardson,TX United States X Murray, PE, Menton McAllen,TX United States X Moya , Mike Austin,TX United States X Miller,Steven Austin,TX United States X Jackson ,Todd Austin,TX United States X Kunz, PE, Pat Richardson,TX United States X Killen,Russell Fort Worth,TX United States X Ickert, PE,CFM,Andrew Fort Worth,TX United States X Edwards, Mark Richardson,TX United States X Baker, PE, CFM, PMP,Jessica Richardson,TX United States X Bargainer, PE,Tim Austin,TX United States X Adams, Bobby Houston,TX United States X Forms provided by Texas Ethics Commission www.ethics,state.tx.us Version V1.1.391`8039c CERTIFICATE OF INTERESTED PARTIES FORM 1295 2of2 Complete Nos.1-4 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 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-512611 Halff Associates, Inc. Richardson,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 07/03/2019 being filed. City of Round Rock;Wyoming Springs Segment 1 Date Acknowledged: 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 property to be provided under the contract. AVO 36179 Engineering and Environmental 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling intermediary 5 Check only if there is NO Interested Party. Q 6 UNSWORN DECLARATION My name Is F f l Gy• and my date of birth is My addressVL O 1 �S 7$16 use is (street) (city) (state) (zip code) (country) I declare under p e n alty of perjury that the foregoing is true and correct. Executed in. r" `��A 5 ey-1 County, State of S on the day of J17A 2 (mon ) (year) Sign of auth ed gent of contracting business entity eclarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 2 Complete Nos.1-4 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 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-512611 Halff Associates, Inc. Richardson,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 07/03/2019 being filed. City of Round Rock;Wyoming Springs Segment 1 Date Acknowledged: 08/16/2019 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 property to be provided under the contract. AVO 36179 Engineering and Environmental 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Ratzman, Eric Austin, TX United States X Zapalac, Russell Austin,TX United States X Tanksley, Dan Richardson, TX United States X Plugge , Roman Richardson, TX United States X Murray, PE, Menton McAllen,TX United States X Moya , Mike Austin, TX United States X Miller, Steven Austin,TX United States X Jackson ,Todd Austin,TX United States X Kunz, PE, Pat Richardson,TX United States X Killen , Russell Fort Worth,TX United States X Ickert, PE, CFM, Andrew Fort Worth, TX United States X Edwards , Mark Richardson, TX United States X Baker, PE, CFM, PMP, Jessica Richardson, TX United States X Bargainer, PE, Tim Austin, TX United States X Adams , Bobby Houston,TX United States X Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c CERTIFICATE OF INTERESTED PARTIES FORM 1295 2of2 Complete Nos.1-4 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 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-512611 Halff Associates, Inc. Richardson,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 07/03/2019 being filed. City of Round Rock;Wyoming Springs Segment 1 Date Acknowledged: 08/16/2019 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 property to be provided under the contract. AVO 36179 Engineering and Environmental 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 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) (city) (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 authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c