Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Contract - Hadgood Engineering Associates, Inc. - 9/12/2019
ROUND ROCK TEXAS CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: HAGOOD ENGINEERING ASSOCIATES, INC. ("Engineer") ADDRESS: 900 East Main,Round Rock,TX 78664 PROJECT: Oakmont Drive Segment IB Chandler Creek Tributary Crossing THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the 1241°day of , 2019 by and between the CITY OF ROUND ROCK, a Texas home- rule municipal corpora ion, 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.08/19 0199.1943;00429396 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 Sixty-One Thousand Nine Hundred Fifty and No/100 Dollars ($61,950.00) 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 n r 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: Bill Stablein Project Manager 2008 Enterprise Drive Round Rock, TX 78664 Telephone Number(512) 218-3237 Fax Number(512)218-5563 Email Address bstablein@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: Tom Asuquo Graduate Engineer 900 East Main Round Rock, TX 78664 Telephone Number(512) 244-1546 Fax Number(512) 244-1010 Email Address toma@heaeng.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 perfonmance 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 hold harmless Engineer from all claims, damages, losses and expenses, resulting therefrom. Any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, 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 written contract set forth specific governing the of such shall by separate \.V11L1CAVl.Jul. the specific conditions governing.ai 27 the format 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. (3) As required by Chapter 2270, 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. 10 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 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. 11 I f AA 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 receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non- renewal in coverage, and such notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self-Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled"Certificates of Insurance." 12 1,it 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. 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: 13 j t,l 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: m • Tom Asuquo Graduate Engineer 900 East Main Round Rock, TX 78664 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 14 all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the `cost of ,lbor,, materials, equipment or services furnished by others, or over the contractors') methods of determining prices, or over competitive bidding or market conditions, Enginttlt"duo •f®t,.guaaratt:lhat 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. [signature page follows] 15 CITY OF RO D ROCK, TEXAS APP,0 ED AS TO ORM: By: ` r�►LP LV Craig Morgan, Mayor Stephan' . Sheets, City Attorney ATTEST: A By: . Wi I Sara L. White, City Clerk HAGOOD ENGINES ASSOCIATES, INC. By: 'i' 4A. bc• 1) Signature ofir ' al g 1 Printed Name: 7r 16 Ifit 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 17 EXHIBIT A City Services The City will provide the following items/information for the ENGINEER under this agreement: 1. Pertinent data related to specific work orders. 2. Timeline for submissions. 3. Meet with ENGINEER on an as-needed basis depending on the work order. 4. Review submittals and provide comments. 5. Communication assistance with Nutty Brown Project Team and North Mays Extension Projects 6. Cad files and construction documents for Nutty Brown and North Mays Extension Projects. l 44 EXHIBIT B Engineering Services Hagood Engineering Associates, Inc. (HEA)will prepare plans,specifications,and Estimate(PS&E)suitable for building bidding for a segment of the Oakmont Drive Extension. The Project will begin approximately at the west floodplain line of the Nutty Brown Tract and extend approximately 250 I.f. east. The Project will connect to the west segment of the Oakmont Drive East and West Segments Project(Burke Project), as designed in accordance with the Development Agreement between Burke Real Estate Group and the City of Round Rock. (A copy of the Development Agreement and Burke Project Professional Services Contract is attached for reference.) The project preparation and content of the Project Plans, Specifications, and Estimates (PS&E) will be in accordance with the City of Round Rock Transportation Department standards. The following services will supplement the Burke Project scope of services. SCOPE OF SERVICES 1. PROJECT MANAGEMENT A. Meet with City as required to review the Project progress. Engineer shall attend up to 4 coordination meeting with the City. B. Prepare and execute contracts with sub-consultants, monitor sub-consultants' activities, and review and recommend for payment sub-consultants invoices. C. Conduct internal meetings with the consultant design team as needed for the length of the Project. D. Coordinate and review sub-consultant work activities and submittals. E. Monthly Progress Reports 2. TECHNICAL REPORTS A. Environmental, Geotechnical, and Geologic Studies Necessary environmental studies for the Project are being provided as a part of the Burke Project. Anticipated studies included in the Burke Project are Endangered Species, Geologic Assessment,SWPPP,and Wetlands and Waters of the U.S., Geotechnical Investigation and Pavement Design. B. Hydrology and Hydraulics Floodplain Analysis based upon the current FEMA FIRM and the pending UBWCID Floodplain Study. Coordination with Floodplain Administrator impact of proposed roadway crossing on the Chandler Creek Tributary and compliance with necessary FEMA regulations and reviews. This task does not include submittals to FEMA related to CLOMR-F or LOMR-F. 3. SURVEYING SERVICES A. Collect and review available data including existing topographic and property surveys,as-built plans, proposed aesthetic details and other information necessary for plan development. B. Surveyor will recover,verify, or establish primary control monuments at strategic locations at the east and west termini of the road. The values will be relative to NAD 83 Texas State Plane Coordinates,Central Zone,4203 (scaled to surface values). C. Surveyor will establish a vertical control system for each project.A list of benchmarks with coordinates (to be used for locating purposes only), descriptions, and reported elevations will be included in the project deliverables. 1 D. Surveyor will collect spot elevations and grade breaks along the project route at intervals conducive to precise DTM generation (no greater than 100 foot intervals. The data will include culverts,visible utilities and/or"on call" markings, drainage features,trees (ornamentals and/or 8"and larger dia.) and any improvements within the defined area. Surveyor will generate a 1 foot contour interval DTM file of the project area. NOTE: reasonable attempts for measurements at silted drainage structures will be performed. Significant excavation of silt could result in seeking of additional fees for data acquisition. E. Surveyor will utilize the data collected from the Field Survey to produce an AutoCAD Civil3D (2013) 2D,3D,TIN, DAT, and ASCII point file. Survey field notes and supporting electronic data will be made available upon request. Surveyor will prepare a horizontal and vertical control layout exhibit which will include the benchmark system callouts. 4. PRELIMINARY ENGINEERING DESIGN A. Meet with Client and City of Round Rock Transportation staff as needed. B. Collection of available data. The determination of data requirements, availability, and sources will be coordinated with the City's designated PM. Once the data needs and sources are identified,the Engineer will contact the appropriate agencies and organization to obtain the data. Data collection will focus on existing publicly available information primarily for issues that count substantially influence project alternatives, including potential fatal flaws. Data to be collected will include, but not limited to: a. "As-built plans",existing schematics, right-of-way maps, and previous corridor studies, existing channel and drainage easement data, existing traffic counts, accident data,zoning and future lane use maps,available Economic Development Plans,jurisdictional boundaries, and City ETJ boundaries. b. Existing utility information and mapping obtained from GIS database and/or provide by the City and/or utility owners. Planned infrastructure such as transmission lines and major utilities. c. Readily available floodplain information and studies from the Federal Emergency Management Agency(FEMA),the Corps of ENGINEERs USACE), local municipalities and/or other governmental agencies. d. Graphic files, plans, documents, and other data for existing and proposed improvements along corridor. e. Photographic record of notable existing features collected during field reconnaissance from public right-of-way locations. f. The Engineer will review the data collected and organize the information into design files. C. Perform ROW and Design Surveying. Services are scoped below under"Special Services". D. Perform Environmental Documentation. Services are scoped below under"Special Services". E. Route Study a. The Engineer,with input from the City,shall develop key issues and evaluation criteria to assist in evaluating alignment alternatives. b. The Engineer shall review the existing schematic layout and make recommendations for improvements that fulfill the Purpose and Need of the Project, meet the design criteria, and avoid or minimize impacts to the identified constraints. c. The Engineer shall revise the Route Layout and include the Preliminary Environmental Constraints Map data. d. Prepare Design Summary including a preliminary Engineers Opinion of Probable Cost. e. Review with Client and City. 2 5. CONSTRUCTION DOCUMENTS A. Construction Plans—HEA will produce the following sheets (11"x17" Full-Size) as appropriate for the roadway design. The following sheets will supplement the construction documents provided as a part of the Burke Project. a. Roadway Plan &Geometry 1. Typical Roadway Sections 2. Roadway Plan and Profile Sheets b. Grading and Details 1. Cross Sections—design cross-sections at 100-foot stations and other locations as necessary for the determination of cut and fill quantities and to further refine the design vertical geometry. 2. Roadway Details—miscellaneous detail sheets for the project. c. Drainage Plans 1. Culvert Hydraulic Calculations 2. Culvert Layouts 3. Storm Sewer Plan & Profile Sheets 4. Storm Sewer Hydraulic Calculations. Calculations include necessary HEC-RAS analysis utilizing current UBCWCID Brushy Creek Flood Study data. 5. Culvert Hydraulic Data Sheets d. Signing and Marking 1. Signing and Pavement Marking Layouts 2. Signing and Pavement Marking Standards e. Illumination 1. Illumination Plan f. Erosion Control Sheets 1. Storm Water Pollution Prevention Plan 2. Erosion Control Plan Sheets g. Traffic Control Plans 1. Plans necessary to depict necessary phasing,sequencing of temporary traffic controls during construction. 2. Supporting details. h. Summary of Quantities sheets for each division of work. B. HEA will submit 60%,90%, and 100% level of plans to the City review, comment, and approval C. Opinion of Probable Construction—HEA will prepare and submit an engineer's opinion of probably construction cost in Microsoft Excel format at the 60%,90%, and 100%submittals to the City. This OPCC will supplement the Burke Project OPCC. D. Technical Specifications and Contract Documents—Services for preparation of Construction Contract Documents are provided as a part of the Burke Project Documents. E. Utility Coordination—HEA will prepare a utility conflict matrix and coordinate with utility providers to relocate facilities which cannot be avoided by reasonable roadway design revisions. 6. REGULATORY APPROVALS In addition to the City of Round Rock,A TCEQ Water Pollution Abatement Plan and TAS review will be required for the Project. Services to obtain those approvals are provided as a part of the Burke Project Documents. 3 , 7. BIDDING AND AWARD Services for assisting the City of Round Rock with bidding and awarding the Project are provided as a part of the Burke Project Documents 8. CONSTRUCTION PHASE SERVICES A. HEA will assist the City of Round Rock with contract administration during the construction phase of the Project. We understand the City of Round Rock will provide required construction inspection services,and have assumed that the construction duration will be approximately 12 months. In addition to the Construction Phase Services provided as a part of the Burke Project the following services will be provided for this Project will include: a. Pre-Construction Conference—HEA will attend a pre-construction conference with the City, rnntrartnr, and ether narticc as annrnnriato and prepare the mooting miniitcc b. Progress Meetings and Site Visits—HEA will attend regular construction meetings with the City,contractor, and other parties as appropriate, including preparing the meeting minutes. HEA will visit the site and conduct construction meetings approximately every two weeks when construction is in progress to verify that the work is generally in conformance with the plans and specifications. For Budgeting purposes,we have assumed seven (7) meetings/site visits. (Additional meetings and site visits are provided in the Burke Contract.) c. Requests for Information (RFIs)—HEA will provide answers to request for information (RFI's) from Contractor as related to possible conflicts and clarifications need between plans and specifications. Eight(8) RFI's have been assumed. d. Review and make recommendation for payment for change orders. e. Review Contractors monthly pay application f. Assemble Record Drawings from contractors and Inspectors redlines. g. Attend final walk thru with Project Manager and Inspector. Generate punch list of items to be completed. 4 filie EXHIBIT C Work Schedule Attached Behind This Page 2019 2020 Oakmont Drive Extension March Appril May June July August Setember October November December I Jan I February � 3f.11R lt3Ll 1 1 ' i i I - i i I 1 ' 1 i i I i I I I 1 I 1 I I I I I I I to II 11 21 31 41 11 21 31 41 11 21 31 41 1 21 31 41 11 21 31 41 11 21 31 41 11 21 31 41 11 21 31 41 11 21 31 41 11 2 31 41 11 21 31 41 December Tasks Design Services l I I I 1.0 Project Management [[[ 2.0 Technical Reports 2.1 Enivronmental 2.2 Geotechinical 2.3 Floodplain Study 3.0 Surveying 3.1 ROW Acquisition Surveys 3.2 Design Survey , 4.0 Preliminary Engineering Design _ 4.1 Route Study I I I Construction Documents 1 5.1 60%Submittal 5.2 90%Submittal 5.3 100%Submittal 6.0 Regulatory Approvals 6.1 City of Round Rock review 6.9 TCEO review 7.0 Rid Phase 8.0 Construction Phase Exhibit D Fee Schedule Project Name: OAKMONT DRIVE EXTENSION Total Total Other Task TOTALS Labor Hours Loaded Labor Cost Direct Costs Subconsultants Task 1:Project Management 24 $4,800.00 $0.00 $0.00 $4,800.00 Task 2:Technical Reports 190 $20,250.00 $0.00 $0.00 $20,250.00 Task 3:Surveying 0 $0.00 $0.00 $9,225.00 $9,225.00 Task 4:Preliminary Design(30%) 70 $8,200.00 $0.00 $0.00 $8,200.00 Task 5:Construction Documents(60%and 90%) 125 $13,750.00 $0.00 $0.00 $13,750.00 Task 6:Regulatory Approvals 0 $0.00 $0.00 $0.00 $0.00 Task 7:Bidding and Award 0 $0.00 $0.00 $0.00 $0.00 Task 8:Construction Phase Services 45 $5,725.00 $0.00 $0.00 $5,725.00 GRAND TOTAL: 454 $52,725.00 $0.00 $9,225.00 $61,950.00 EXHIBIT E Certificates of Insurance Attached Behind This Page AWE® CERTIFICATE. OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Tim Kriegel NAME: g Brookshire Insurance Agency PAHONNo,Extl: (512)218-0262 FAX (A/C,No); (888)317-6907 1611 Granger Road E-MAIL ADDRESS: tim@brookshireins.com PO Box 830 INSURER(S) AFFORDING COVERAGE NAIC# Taylor TX 76574 INsuRERA:Sentinel Insurance Company 11000 INSURED INSURER B:Trumbell Insurance Company 27120 HAGOOD ENGINEERING ASSOCIATES INC INSURER C:Argonaut Insurance Company 19801 900 E Main St INSURERD: INSURER E: Round Rock TX 78664 INSURER F: COVERAGES CERTIFICATE NUMBER:CL11121500636 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR NSR SWVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE (MM/DD/YYYY) {MM/DD/YYW) GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE (Eaoccurrence) RENTED 50,000 PREMISES{Ea occurrence) $ � A CLAIMS-MADE X OCCUR 65SBATF6996 12/10/2018 12/10/2019 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 4,000,000 371 POLICY PROT LOC $ JEC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) S 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED 65UECAP6147 12/10/2018 12/10/2019 AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE X HIRED AUTOS x AUTOS (Per accident) $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 3,000,000 A EXCESS LIAR CLAIMS-MADE AGGREGATE $ 3,000,000 DED X RETENTION$ 10,000 65SBATF6996 12/10/2018 12/10/2019 $ B WORKERS COMPENSATION 65WBCAG9620 X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE Terrell Hagood OFFICER/MEMBER EXCLUDED? Y N/A E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) 12/10/2018 12/10/2019 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Professional Liability IAE42175700 01/16/2019 01/16/2020 Each Claim 1,000,000 Max Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock 221 E. Main Street Round Rock, TX 78664 AUTHORIZED REPRESENTATIVE R. Brent Kriegel/KDC $ -�L. I '0 ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered marks of ACORD r , No Text ROUND ROCK TEXAS CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: HAGOOD ENGINEERING ASSOCIATES,INC. ("Engineer") ADDRESS: 900 East Main,Round Rock, TX 78664 PROJECT: Oakmont Drive Segment 1B Chandler Creek Tributary Crossing THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the 12j6day of 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.08/19 0199.1943;00429396 00192831 (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 Sixty-One Thousand Nine Hundred Fifty and No/100 Dollars ($61,950.09-) 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 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: Tom Asuquo Graduate Engineer 900 East Main Round Rock, TX 78664 Telephone Number(512) 244-1546 Fax Number(512) 244-1010 Email Address tomanheaeng_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 'IrVV ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall hold harmless Engineer from all claims, damages, losses and expenses, resulting therefrom. Any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 Tm� 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 perfonned. 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 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 unposed 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 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. 11 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. 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: 13 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 snakes 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 infonnation 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 cros 'f °lApil,°,materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engin-'dMR t gu�.r`4hVk—��,at 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 naive 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 perfonnance of the ten-ns and provisions hereof. [signature page follows] 15 99 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 17 SK EXHIBIT B Engineering Services Hagood Engineering Associates, Inc. (HEA)will prepare plans,specifications,and Estimate(PS&E)suitable for building bidding for a segment of the Oakmont Drive Extension. The Project will begin approximately at the west floodplain line of the Nutty Brown Tract and extend approximately 250 I.f. east. The Project will connect to the west segment of the Oakmont Drive East and West Segments Project(Burke Project), as designed in accordance with the Development Agreement between Burke Real Estate Group and the City of Round Rock. (A copy of the Development Agreement and Burke Project Professional Services Contract is attached for reference.) The project preparation and content of the Project Plans, Specifications, and Estimates (PS&E) will be in accordance with the City of Round Rock Transportation Department standards. The following services will supplement the Burke Project scope of services. SCOPE OF SERVICES 1. PROJECT MANAGEMENT A. Meet with City as required to review the Project progress. Engineer shall attend up to 4 coordination meeting with the City. B. Prepare and execute contracts with sub-consultants, monitor sub-consultants' activities, and review and recommend for payment sub-consultants invoices. C. Conduct internal meetings with the consultant design team as needed for the length of the Project. D. Coordinate and review sub-consultant work activities and submittals. E. Monthly Progress Reports 2. TECHNICAL REPORTS A. Environmental, Geotechnical, and Geologic Studies Necessary environmental studies for the Project are being provided as a part of the Burke Project. Anticipated studies included in the Burke Project are Endangered Species, Geologic Assessment,SWPPP, and Wetlands and Waters of the U.S., Geotechnical Investigation and Pavement Design. B. Hydrology and Hydraulics Floodplain Analysis based upon the current FEMA FIRM and the pending UBWCID Floodplain Study. Coordination with Floodplain Administrator impact of proposed roadway crossing on the Chandler Creek Tributary and compliance with necessary FEMA regulations and reviews. This task does not include submittals to FEMA related to CLOMR-F or LOMR-F. 3. SURVEYING SERVICES A. Collect and review available data including existing topographic and property surveys, as-built plans, proposed aesthetic details and other information necessary for plan development. B. Surveyor will recover,verify, or establish primary control monuments at strategic locations at the east and west termini of the road. The values will be relative to NAD 83 Texas State Plane Coordinates, Central Zone,4203 (scaled to surface values). C. Surveyor will establish a vertical control system for each project.A list of benchmarks with coordinates (to be used for locating purposes only), descriptions, and reported elevations will be included in the project deliverables. 1 5. CONSTRUCTION DOCUMENTS A. Construction Plans—HEA will produce the following sheets (11"x17" Full-Size) as appropriate for the roadway design. The following sheets will supplement the construction documents provided as a part of the Burke Project. a. Roadway Plan &Geometry 1. Typical Roadway Sections 2. Roadway Plan and Profile Sheets b. Grading and Details 1. Cross Sections—design cross-sections at 100-foot stations and other locations as necessary for the determination of cut and fill quantities and to further refine the design vertical geometry. 2. Roadway Details—miscellaneous detail sheets for the project. c. Drainage Plans 1. Culvert Hydraulic Calculations 2. Culvert Layouts 3. Storm Sewer Plan &Profile Sheets 4. Storm Sewer Hydraulic Calculations. Calculations include necessary HEC-RAS analysis utilizing current UBCWCID Brushy Creek Flood Study data. 5. Culvert Hydraulic Data Sheets d. Signing and Marking 1. Signing and Pavement Marking Layouts 2. Signing and Pavement Marking Standards e. Illumination 1. Illumination Plan f. Erosion Control Sheets 1. Storm Water Pollution Prevention Plan 2. Erosion Control Plan Sheets g. Traffic Control Plans 1. Plans necessary to depict necessary phasing,sequencing of temporary traffic controls during construction. 2. Supporting details. h. Summary of Quantities sheets for each division of work. B. HEA will submit 60%,90%,and 100% level of plans to the City review, comment,and approval C. Opinion of Probable Construction—HEA will prepare and submit an engineer's opinion of probably construction cost in Microsoft Excel format at the 60%, 90%, and 100%submittals to the City. This OPCC will supplement the Burke Project OPCC. D. Technical Specifications and Contract Documents—Services for preparation of Construction Contract Documents are provided as a part of the Burke Project Documents. E. Utility Coordination—HEA will prepare a utility conflict matrix and coordinate with utility providers to relocate facilities which cannot be avoided by reasonable roadway design revisions. 6. REGULATORY APPROVALS In addition to the City of Round Rock,A TCEQ Water Pollution Abatement Plan and TAS review will be required for the Project. Services to obtain those approvals are provided as a part of the Burke Project Documents. 3 EXHIBIT C Work Schedule Attached Behind This Page -rft Exhibit D Fee Schedule Project Name: OAKMONT DRIVE EXTENSION Total Total Other Task Labor Hours Loaded Labor Cost Direct Costs Subconsultants TOTALS Task 1:Project Management 24 $4,800.00 $0.00 $0.00 $4,800.00 Task 2:Technical Reports 190 $20,250.00 $0.00 $0.00 $20,250.00 Task 3:Surveying 0 $0.00 $0.00 $9,225.00 $9,225.00 Task 4:Preliminary Design(30%) 70 $8,200.00 $0.00 $0.00 $8,200.00 Task 5:Construction Documents(60%and 90%) 125 $13,750.00 $0.00 $0.00 $13,750.00 Task 6:Regulatory Approvals 0 $0.00 $0.00 $0.00 $0.00 Task 7:Bidding and Award 0 $0.00 $0.00 $0.00 $0.00 Task 8:Construction Phase Services 45 $5,725.00 $0.00 $0.00 $5,725.00 GRAND TOTAL: 454 $52,725.00 $0.00 $9,225.00 $61,950.00 ACC]Ra CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYW) �1 fI 6/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NTA T NAME: Tim Kriegel ONE Brookshire Insurance Agency A/C,No, o Ext: (512)218-0262 FAX No: (888)317-6907 1611 Granger Road ADDRESS: tim@brook shireins.com PO BOX 830 INSURER(S)AFFORDING COVERAGE NAIC# Taylor TX 76574 INSURER A:Sentinel Insurance Company 11000 INSURED INSURER B:Trumbell Insurance Company 712 0 HAGOOD ENGINEERING ASSOCIATES INC INSURER C:Argonaut Insurance Company 19801 900 E Main St INSURER D: INSURER E: Round Rock TX 78664 INSURER F: COVERAGES CERTIFICATE NUMBER:CL11121500636 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR fypE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR NS WVD POLICY NUMBER MM/DD/YYW MM/DD/YYW GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED 50,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ A CLAIMS-MADE �OCCUR 65SBATF6996 12/10/2018 12/10/2019 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 4,000,000 X POLICY PRO LOC $ JECT ACOMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident $ 1,000,000 A X ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 65UECAP6147 12/10/2018 12/10/2019 BODILY INJURY(Per accident) $ AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 3,000,000 A EXCESS LIAB HCLAIMS-MADE AGGREGATE $ 3,000,000 DED I X I RETENTION S 10,000 65SRATF6996 12/10/2018 12/10/2019 $ B WORKERS COMPENSATION 65WBCAG9620 XI TORY WC STATU LIMIT O R AND EMPLOYERS'LIABILITY Terrell Hagood ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Fy I N/A 12/10/2018 12/10/2019 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1.000,000 C Professional Liability 1AE42175700 1/16/2019 1/16/2020 Each Claim 1,000,000 MaxAggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock 221 E. Main Street AUTHORIZED REPRESENTATIVE Round Rock, TX 78664 R. Brent Kriegel/KDCMil- � ri I R.11.. ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INTERESTED PARTIES FORM 1.295 10f1 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. 2019-532258 Hagood Engineering Associates,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 08/22/2019 being filed. City of Round Rock Date Acknowledged: g 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, 000000 Civil Engineering Services 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I intermediary Bauerkemper,Deborah Hutto,TX United States X Hagood,Terry Marble Falls,TX United States X s 5 Check only if there is NO interested Party. D 6 UNSWORN DECLARATION My name is_ it t*;` >� � `t V ate• , and my date of E�irih[s ^ 0 My address is eel} (city) (state) (zip code) {country} declare under penalty of pejjury that the foregoing is true and correct. Executed in r, d ` , - County, State of— =, ,on the. day of,J .. 20 . (month) (year) Signature a 'drized agcif contractingbusiness entity (Delo ant) Forms provided by Texas Ethics Commission www.ethics.state.tx,us Version V1.1.39f8039c CERTIFICATE OF INTERESTED PARTIES FORM 3.295 10f1 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. 2019-532258 Hagood Engineering Associates, 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 08/22/2019 being filed. City of Round Rock Date Acknowledged: 09/10/2019 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. 000000 Civil Engineering Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Bauerkemper, Deborah Hutto,TX United States X Hagood,Terry Marble Falls,TX 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) (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