Contract - Freese and Nichols, Inc. - 9/10/2020ROUND ROCK TEXAS
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FOR EROSION, STABILIZATION AND RESTORATION
WORK AUTHORIZATION
FIRM: FREESE AND NICHOLS, INC. ("Engineer")
ADDRESS: 10431 Morado Circle, Building 5, Suite 300, Austin, TX 79729
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered
into to be effective on Ev./f 7* 10 , 2020 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
0199.202024;00452268 00305865
izr U 0�0 --0 020�� 3 1 .
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 I*f attached to this Contract or repeated
herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified I"n Exhibit A entitled "City Services. "
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhl"bl'ot B entitled
"Engineering Services."
Engineer shall perform the Engineering Services 40
in accordance with a Work Schedule to
be agreed upon between City and Engineer as part of the Work Authorization proviodedi"n Article
7 herein, "Work Authorization." Such Work Schedule shall contain a complete schedule so that
the Engineering Services included in the Work Authorization 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. This Agreement shall be from the date hereof and shall terminate at the close
of business on the loth day of the month of September, 2022, or as otherwise terminated as
provided I*n Article 20 entitled "Termination." 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 i*n accordance with the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of cr0
itical
importance, and agrees to undertake all necessary efforts to expedite the performance of
Engineering Services required herein so that the services will be commenced and completed as
scheduled. In this regard, and subject to adjustments i*n 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) Work Authorization. After execution of this Contract, Engineer shall not proceed
with Engineering Services until authorized in writing by City to proceed as provided I*n Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full
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compensation for all engineering services performed and to be performed under this Contract.
Engineer shall be paid on the basis of actual hours worked by employees performing
work associated with this Contract, i*n accordance with the Fee Schedule attached hereto as
Exhibit C. Payment of monies due for the Engineer's subconsultant's services, il'f any, shall be
based on the actual amount billed to the Engineer by the subconsultant,
The maximum amount payable under this Contract, without modification of this Contract
as provided herein, is the sum of One Hundred Twenty Thousand and No/100 Dollars
($120,,000,,001, Engineer shall prepare and submit to City monthly progress reports in sufficient
detail to support the progress of the work and to support invoices requesting monthly Payment.
Any preferred format of City for such monthly progress reports shall be identified in Exhibit B
entitled "Engineering Services". Satisfactory progress of work shall be an absolute condition of
payment.
The maximum amount payable herein may be adjusted for additional work requested and
performed only I*f approved by written Supplemental Agreement.
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 a month, an invoice
showing Engineering Services performed. This submittal shall also include a progress
assessment reporti'on a form acceptable to City.
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 I*s due and payable within thirty (30) days. City reserves the right
to withhold payment pending verification of satisfactory Engineering Services performed.
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Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that Engineering Services 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
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does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting
from his/her/its ne9ligence.
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
WORK AUTHORIZATION
The Engineer shall not proceed with any task listed on Exhibit B until the City has
issued a written Work Authorization regarding such task. The City shall not be responsible for
work performed or costs incurred by Engineer related to any task for which a Work
Authorization has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Federico Sanchez, P.E.
Project Manager
3400 Sunrise Road
Round Rock, TX 78665
Telephone Number (512) 218-6609
Fax Number (512) 218-5536
Email Address fsanchez&roundrocktexas.jzov
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:
Will Huff, P.E.
Stormwater Engineer/Project Manager
10431 Morado Circle, Building 5, Suite 300
Austin, TX 79729
Telephone Number (512) 617-3195
Fax Number (512) 617-3101
Email Address Will.Huff2freese.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 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 i*n 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 ofrecel*pt 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 iOs suspended for
more than thirty (30) days, Engineer shall have the option of terminating this Contract.
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 iOs suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable op40
inion that any work he/she/it has been directed to
perform I*s 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'his Contract
or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems I*t necessary to request changes to previously satisfactorily completed
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Engineering Services or parts thereof which ie
nvolve changs to the original Engineering
Services or character of Engineering Services under this Contract, then Engineer shall make
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such revisions as requested and as directed by City. Such revisions shall be considered as
additional Engineering Services and paid for as specified under Article I I.
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Engineer shall make revisions to Engineering Services
necessary to correct errors appearing therein, when required to
compensation shall be due for such Engineering Services.
6.
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authorized hereunder as are
do so by City. No additional
ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract lof City
determines that there has been a significant change in (1) the scope, complexl*ty 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, i*f appropriate, shall be
identified as provided in Article 4.
It i*s 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 I*n this Contract and are
intended to be used with respect to this Contract. However, i*t i*s 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 Ci*ty'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 i*n any 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 i"n 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
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Engineer's work and documents for purposes of constructing, using and maintaining
infrastructure or facilities for which said work and documents were prepared, provided that C1*tY
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 credentl*aled design professionals to reproduce and, where
permitted by law, to make changes, corrections or additions to the work and documents for the
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purposes of completing, using and maintaining infrastructure or facilities for which said work
and documents were Prepared.
City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission
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granted herein to another party without the prior written agreement of Engineer. However, City
shall be permitted to authorize a contractor, subcontractors and material or equipment suppliers
to reproduce applicable portions of the Instruments of Service appropriate to and for use i*n their
execution of work for the City. Submission or distribution of Instruments of Service to meet
official regulatory requirements or for similar purposes is permitted. Any unauthorized use of
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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 agreement set forth the specific conditions governing the
format of such Instruments of Service or electronic data, including any special limitations not
otherwise provided I'*n this Contract. Any electronic files are provided by Engineer for the
convenience of City, and use of them is at Ci*ty's sole risk. In the case of any defects i*n
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 Engineer's Instruments of Service by
other engineers subsequent to the completion and delivery of the Instruments of Service to the
City. 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, EOUIPMENT---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
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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 thIs
is Contract
when so instructed by City. Engineer certifies that i'*t presently has adequate qualified personnel
Is Isin 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 per formed or being perfiormed hereunder
and the premises on which i*t i*s being performed. If any review or evaluation is made on the
premises of Engineer or a subcontractor, then Engineer shall provide and require its
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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
SUBMIS-SIONOF REPORTS
All applicable study reports shall be submitted i*n preliminary form for approval by City
before any final report is issued. CI*ty's comments on Engineer's preliminary reports shall be
addressed i*n any final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BR.E?.AC OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for
ternation of this Contract, and any increased costs arisi
ming 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. Should Cityrmi
nate this Contract under Subsection (4) immediately above, then the
9.
amount charged during the thirty -day notice period shall not exceed the amount charged during
the preceding thirty (30) days.
If Engineer defaults i*n the performance of this Contract or i*f City terminates this
Contract for fault on the part of Engineer, then City shall give consideration to the actual costs
iby Engineer Is iincurredn performng the Engineering Services to the date of default, the amount
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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
Is 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 i'*n 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 and prosecute the Engineering Services ti���1111
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
iarising out of any procurements made by Engineer issuesn 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 i*n any manner affecting the performance of this Contract,
ii10 ncludng 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 requ10
ired i*n 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
40
activities with,
or 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
in Israel or in an Israelibusiness -controlled territory, but does not include an action made for
ordinary business purposes.
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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
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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 whi*chYabe imposed on City to the extent resulting from such negligent aactivitiesOes
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 any construction
project or maintenance performed pursuant to the Engineering Services provided under this
Contract has been satisfactorily completed.
ARTICLE 24
ENGINEER'S SEAL,
The responsible engineer shall sign, seal and date all appropriate engineering
19
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
0 1
(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
Is 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
1140
will be recommended or required for any construction project or maintenance performed
pursuant to the Engineering Services provided under this Contract.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and mantainiduring the
16 enti'Dre 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 iinTexas and otherwse acceptable to City. Engineer shall also notify City, within
twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or
mIs
aterial 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 i'*n Article 26, Section (1) above, including the
required provisions and additional policy conditions as shown below i"n Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant i*n
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) Each policy shall require that thirty (30) days prior to the expiration, cancellation,
non -renewal or reduction in limits by endorsement a 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) TheIPolcy clause "Other Insurance" shall not apply to any insurance coverage
currently held by City, to any such future coverage, or to Cl*ty'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
such minimum coverage i
evidencingn force to be filed with City. Such Certificates of Insurance
are evidenced as Exh*bit D herein entitled "Certificates of Insurance."'
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ARTICLE 27
COPYRIGHTS
1
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, i"n whole or in part, by operation of law or otherwise, without
obtaining the prior written consent of City.
ARTICLE 29
SEVERABILITY
1
In the event any one or more of the provisions contained i*n this Contract shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity,
illegality or unenforceab1*11*ty 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
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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
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agreement of the parties hereto i"n writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertain10
ing to this Contract, and records of accounts between City and Engineer,
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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 I*t 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:
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City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
and toO
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Will Huff, P.E.
Stormwater Engineer/Project Manager
10431 Morado Circle, Building 5, Suite 300
Austin, TX 79729
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 Cl*ty's
additional legal rights or remedies. Any determination to withhold or set off shall be made i*n
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
C1,6ty.
(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 miti'pgatei'pts 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 i*n accordance
19
with the laws and court decisions of the State of Texas.
14*
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession
practicing under the same or similar circumstances at the same time and in the same locality.
Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under
this Contract or otherwise, in connection with the Engineering Services.
(5) Opinion of Probable Cost. Any opinions of probable project cost or probable
construction cost provided by Engineer are made on the basis of information available to
Engineer and on the basis of Engineer's experience and qualifications and represents its
judgment as an experienced and qualified professional engineer. However, since Engineer has
no control over the cost of labor, materials, equipment or services furnished by others, or over
the contractor(s') methods of determining prices, or over competitive bidding or market
conditions, Engineer does not guarantee that proposals, bids or actual project or construction
ID
cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action
10
to be based upon opinion, judgment, a*4%Povaermrlreview, or detinatfion oeither party hereto,
such terms are not intended to be and shall never be construed as permitting such opinion,
0 judgment, approval, review, or deteto be arbitrary, caprici
rmination ous, 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 May or, as has Engineer,
signing by and through its duly authorized representatl*ve(s), thereby binding the parties hereto,
19
their successors, assigns and representatives for the faithful and full performance of the terms
and provisions hereof.
[signature page follows]
150
CITY OF ROUND ROCK, TE AS
By: /
Craig Morgan, Mayor j/
ATTEST:
By:
qp4or—
Sara L. White, City Clerk
FREESE AND N HOLS, C.
By:
2tna re of Principal
ed Name:�.-
16.
APP O ED AS TO ORM:
Stepha L. Sheets, City Attorney
This Page is too large to OCR
(1) Exhibit A
(2) Exhibit B
(3) Exhi"bi*t C
(4) E xhi'*bit D
LIST OF EXHIBITS ATTACHED
City Services
Engineering Services
Fee Schedule
Certificates of Insurance
EXHIBIT A
City Services
The City will provide the following information and other assistance to the Engineer (Freese &
Nichols, Inc.) that the City deems appropriate and necessary:
1. Any readily available pertinent existing information relating to the services to be performed
by the Engineer; the City will provide one copy of such information in a format chosen by the
City.
2. Clear direction and/or response to questions or requests made by the Engineer in the course
of the Engineer's performance of services.
3. Timely review of deliverables that have been properly completed and submitted by the
Engineer; and timely provisions of comments, i*f any, to the Engineer resulting from said
'D
reviews.
EXHIBIT B
Engineering Services
1. PROJECT PURPOSE
The purpose of the project i*s to evaluate and/or design stream stabilization projects, overseeing
construction, and monitoring repaired sites for creeks and channels with erosion issues that
i10
nclude but not limited to threatening channel banks, public utilities, and/or private property.
2. GENERAL SCOPE OF WORK
The services shown below in the "Scope of Services" are representative of the types of services
contemplated on the Contract. It is not considered an exhaustive list of all engineering services that
are possible under the Contract nor does it guarantee that all of the services will be requested or
required.
Scope of Services9
:
Project Management
1. Project Management/Administration -This task includes routine communication with the
City; managing manpower, budgets, and schedules; invoicing', implementing and
monitoring of QA/QC efforts; and other general management activities associated with a
particular Work Authorization.
2. Project Meetings and Status Reports - FNI will attend meetings with the City to review
progress and upcoming work as needed'and issue meeting minutes. FNI will also submit
status reports to the City at agreed upon intervals documenting progress, budget, and
schedule.
Preliminary Engineering (as authorized)
1. Data Acquisition -This task will include a site visit to obtain rough field measurements
and the collection of various data such as existing plans, models, LI*DAR contour data, and
easement documents.
2. Preliminary Design - FNI will develop and review the design solution alternatives for
creeks and channels with erosion issues with the City. FNI will use the information found
during Data Acquisition iinorder to examne the feasibility of alternative designs and
materials and to present the City with recommendations.
3. Hydrologic and Hydraulic Analysis — If there is no existing hydrologic and hydraulic
modeling or analysis that encompasses the project area, FNI will develop the models or
perform the analysis to generate data necessary for the analysis and design of repairs
(flows, velocity, sheer stress). Hydrologic and hydraulic analyses will be coordinated with
the CITY to determine the appropriate methodology and level of detail.
1
4. Preliminary Design Report/Technical Memorandum The Preliminary Design will be
documented in a written report that will include:
a. Description of the problem
b. Method of analysis
c. Description of existing conditions
d. Description of proposed design alternatives
e. Engineer's estimate of probable construction cost for each option
5. Deliverables - An electronic copy of the Preliminary Design Report will be submitted i*n a
format acceptable to the City.
Design Services (as authorized)
1. Data Acquisition -This task will include site visits and may include surveying and
geotechni*cal services.
2. Sediment/Erosion Analysis — FNI will complete a geomorphic assessment of the project
reach to determine channel morphology including current and potential bank failures,
erosion, incision, areas of aggradati*on and degradation, riparian canopy, and debris jams.
Analysis will include an excess shear stress analysis, incipient motion analysis, scout
analysis, and estimate of the equilibrium slope of the channel. The data and analysis will
be summarized i*n a technical memorandum and will include recommendations for the
stabilization.
3. Plans Preparation - FNI will further refine the selected alternatives for stabilization and
riparian restoration based on feedback and comments provided by the City. If necessary,
updates to the hydraulic modeling will be incorporated into the plans as they progress
towards the 100% PS&EO
4. Technical Specifications -Technical Specifications will be based on the City1 s Standard
Spec ifications and be supplemented where necessary. This scope of services includes
preparation of a City Bid Form and Technical Spec ifications Amendments to be included
in a standard Project Manual, but does not include preparation of an entire Project Manual.
5. Submittal Preparation - FNI will prepare electronic cop10
ies of the Plans Preparations for the
interim and 100% PS&E submittal. For the 100% submittal, this shall include a copy of
any hydrologic and hydraulic modeling along with any spreadsheets used I*n the preparation
of the technical analysis.
6. Engineer's Estimate of Probable Construct19
ion Costs -Upon completion of design an
Engineer's Estimate of Probable Construction Costs will be developed and included with
the final submittal package.
7. QA/QC of Contract Documents - FNI will conduct full Project Design Team technical
reviews prior to each submittal for both the Preliminary Design and Design Phase services.
8. Final Design Report - FNI will incorporate the final plans design into the Preliminary
Design Report.
f1J,
9,. Deliverables - Deliverables will include 1 original plus 3 copies of the construction plans,
produced on 22" x 34" sheets, three sets of technical specification amendments, and the
Engineer's Estimate.
Construction Services (as authorized)
1. Bid Phase Services —Assist the City i'*n advertising the project for award as requested.
Services may include distributing construction documents and maintaining plan holder list,
attending the pre -bid conference and bidmopening, answering contractor questions and
issue addendal"f needed, and providing a bid4abulation and recommendation for award.
2. Construction Phase Services —Upon completion of bid phase services provide construction
phase services as requested. FNI can provide a range of services from periodic site visits,
to general construction representation, to full-time on -site resident representation.
Post Construction Monitoring (as authorized)
1. Work with the City to establish monitoring plan for repaired sites to include type of
documentation, frequency of monitoring visits, and duration of the post construction
monitoring.
3. KEY PERSONNEL
A summary of the proposed key personnel including names and titles are presented in table Bm I.
TABLE Bml
SUMMARY OF PROPOSED ENGINEERING TEAM PERSONNEL
NAME
TITLE
CLASSIFICATION
John New, P.E.
Principal
Professi*onal 6
Jay Scanlon, P.E.
Senior Advisor
Professi*onal 6
Bryan Dick, P.E.
Senior Stream Restoration Engineer
Professi*onal 6
Marc Miller, P.E.
Senior Geotechni*cal Engineer
Professional 5
Ian Jewel
Senior Fluvial Geo o hologi*st
Professional 4
Kim Patak, P.E.
Senior H H/Design Engineer
Professional 5
Will Huff, P.E.
Project Manager
Professi'onal 4
George Fowler,, P.E.
Stream Restoration Engineer
Professi*onal 4
Blaine Laechel-i*n, P.E.
H H Engineer
Professional 4
Hande Gerkus-Harris
Geotechnical Engineer
Professi'onal 3
Kaylyn Hudson
EIT
Professi*onal 2
Stephen Norai*r
Fluvial Geo o hologi*st
Professi*onal 3
To Dixon
Permitting/Restoration Lead
Professional 5
Thad Purcell
Construction Services
Const. Manager 4
EXHIBIT C
Fee Schedule
Hourly rates to be billed on a time and materials basis per Attachment D.
*Rates may be amended once between Jan. 1, 2021 and Dec. 31, 2021, not to exceed a 3%increase.
COMPENSATION
ATTACHMENT D
Hourly rates to be billed on a time and materials basis per the following rates:
Position
Hourl Rate
Professional - 1
113
Professional - 2
137
Professional - 3
156
Professional - 4
178
Professional - 5
209
Professional - 6
240
Construction Manager= 1
91
Construction Manager - 2
117
Construction Manager - 3
138
Construction Manager - 4
173
CAD Technician/Designer - 1
96
CAD Technician/Designer - 2
126
CAD Technician/Designer - 3
153
Corporate Project Support - 1
92
Corporate Project Support - 2
111
Corporate Project Support - 3
148
Intern/ Coop
57
Senior Advisor
175
Rates for In -House Services and Equipment
Mileage Bulk Printing and Reproduction
Standard IRS Rates B&W
Technology Charge
waived
Small Format (per copy) $0010
Large Format (per sq. ft.)
Bond $015
Glossy / Mylar $035
Vinyl / Adhesive $1e50
Mounting (per sq. ft.) $100
Binding (per binding) $015
Equipment
Color
Valve Crew Vehicle (hour)
$75
$0.25
Pressure Data Logger (each)
$100
Water Quality Meter (per day)
$100
$035
Microscope (each)
$150
$115
Pressure Recorder (per day)
$200
$2.00
Ultrasonic Thickness Guage (per day)
$275
Coating Inspection Kit (per day)
$275
Flushing / Cfactor (each)
$500
Backpack Electrofisher (each)
$1,000
ATTACHMENT D
Survey Grade Standard
Drone (per day) $200 $100
GPS (per day) $150 $50
OTHER DIRECT EXPENSES:
Other direct expenses are reimbursed at actual cost times a multiplier of 1.0. They include outside printing and
reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office. For other
miscellaneous expenses directly related to the work, including costs of laboratory analysis, test,, and other work required to
be done by independent persons other than staff members, these services will be billed at a cost times a multipler of 1.0.
For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI
employees where FNI provides workspace and equipment to perform such services,, these services will be billed at cost
times a multiplier of 2.G. This markup approximates the cost to FNI if an FNI employee was performing the same or similar
services.
*Rates may be amended once between Jan. 1, 2021 and Dec. 31,, 2021, not to exceed a 3%increase.
2022015
XFEIBIT D
Certi*ficate of Insurance
Aftached -Behm*d Thl*s Page
FRIF-FAN11=02
KGCIDWIN
AoCCROp CrYERTIFICATE OF LIABILIINSURANCE
`-/
DATE�MMIDD/YYYY)
7/29/2020
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(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsements).
PRODUCER
Ames & Goug h
8300 Greensboro Drive
980
McLean, VA 22102
N N CT
PHONE FAX
(A/CyM No, e): (703) 827=2277 (A/C, No):(703) 827=2279
ADDRESS adminiffiamesE=MAIL oggh.com
INSURER S AFFORDING COVERAGE
NAIC p
INSURER A: Hartford Underwriters Insurance Company A+ (XV)
30104
INSURED
INSURER B:Twin City Fire Insurance Company A+ (XV)
?9459
Freese and Nichols, Inc.
4055 International Plaza
Suite 200
INSURER c : Hartford Casual!y-Insurance Company A+ X
29424
INSURER e:Trumbull Insurance Company A+ (XV)
27120
INSURER E: Continental Casualty Company (A,, XV
20443
Fort Worth, TX 76109
INSURER F
COVERAGES CERTIFICATE NUMRFRe- RF:VIAInN NIIMRFR•
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 CONTRACTOR 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
LTRMM/D
TYPE OF INSURANCE
ADDL
SUER
POLICY NUMBER
POLICY EFF
POLICY EXP
(MM1DD1_YYYY)
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE a OCCUR
42UUNN16224
10/23/2019
,
10/23/2020
EACH OCCURRENCE
$ 190009000
DAMMGET (ETO en
PREISSMED
$ 19000,000
EXP (Any oneperson)
$ 10,000
PERSONAL 8 ADV INJURY
$ 190001000
AGGREGATE LIMIT APPLIES PER:
POLICY ❑X P��T LOC
GENERAL AGGREGATE
$ 290009000
GEN'L
PRODUCTS -COMP/OP AGG
$ 290009000
$
OTHER:
B
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
(Ea acddenoX
110009000$
BODILY INJURY (Per person)
$
ANY AUTO
42UENN16305
10/23/2019
10/23/2020
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY Per accident
$
PPe�acEciRdent AMAGE
$
AUTOS ONLY AUoTO� ONLY
C
X
UMBRELLA LIAR
X
OCCUR
EACH OCCURRENCE
$ 1010009000
AGGREGATE
$ 10,0009000
EXCESS LIAR
I CLAIMS -MADE
42XHUBII 257
10/23/2019
10/23/2020
DED X RETENTION $ 10,000
D
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y � N
?FFICER/MEMgER EXCLUDED? N
IMandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
42WBCU2821
10/23/2019
10/23/2020
X PSERH
ER
E.L. EACH ACCIDENT
$ 19000,000
E.L. DISEASE - EA EMPLOYE
$ 19000,000
E.L. DISEASE -POLICY LIMIT
190000000
$
E
Professional Liab.
AEH00821 22
10/23/2019
10/23/2020
Per Claim
590009000
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101 Additional Remarks Schedule, may be attached If more space is required)
RE: EROSION, STABILIZATION, AND RESTORATION PROJECTS
The City of Round Rock and its employees, officers, officials, agents, and volunteers are included as Additional Insured with respect to General Liability, Auto
Liability, and Umbrella Liability when required by written contract. GeneraI'Liabi I ity, Auto Liability and Umbrella Liability are primary and non-contributory
over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract. General Liability,
Auto Liability, Umbrella Liability and Workers Compensation policies include a Waiver of Subrogation in favor of the Additional Insured where permissible by
state law and when required by written contract. 30=day Notice of Cancellation will be issued for the General Liability, Auto Liability, Umbrella Liability and
Workers Compensation policies in accordance with policy terms and conditions.
CERTIFICATE HOLDER CANCELLATION
City of Round Rock
221 E Main Street
Round Rock, TX 78664
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03) O 1988=201 5 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
10fl
Complete Nos,, l - 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos,, 1, 21 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. 2020=657795
Freese and Nichols, Inc.
Austin, 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 08/17/2020
being filed.
City of Round Rock 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.
RRKXXXXX
Contract for Engineering Services for Erosion, Stabilization and Restoration
4
Nature of interest
Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling
Intermediary
Wolfhope, John
Austin, TX United States
X
Taylor, Jeff
Pearland, TX United States
X
Nichols, Mike
Fort Worth, TX United States
X
Milrany, Cindy
Fort Worth, TX United States
X
Johnson, Kevin
Dallas, TX United States
X
Greer, Alan
Fort Worth, TX United States
X
Cole , Scott
Fort Worth, TX United States
X
Coltharp, Brian
Fort Worth, TX United States
X
Pence, Bob
Fort Worth, TX United States
X
5 Check only if there is NO Interested Party. a
6 UNSWORN DECLARATION
My name is John S. Wolfhope ,and my date of birth is May
is 10000 Echo Hills Ct. Austin TX 78717 USA
(street) (city) (state) (zip code) (country)
declare under penalty of perjury that the foregoing is true and correct.
Executed in Travis County, State of Texas , on the. 17 dayof August 20 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission
www.ethics.state.tx.us
Version Vl,1,3a6aaf7d
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
10fl
Complete Nos, 1 - 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos, 1, 21 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.
2020-657795
Freese and Nichols, Inc.
Austin, 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
08/17/2020
being filed.
City of Round Rock
Date Acknowledged:
08/26/2020
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.
RRKXXXXX
Contract for Engineering Services for Erosion, Stabilization and Restoration
Nature of interest
4 Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling
Intermediary
Wolfhope, John
Austin, TX United States
X
Taylor, Jeff
Pearland, TX United States
X
Nichols, Mike
Fort Worth, TX United States
X
Milrany, Cindy
Fort Worth, TX United States
X
Johnson, Kevin
Dallas, TX United States
X
Greer, Alan
Fort Worth, TX United States
X
Cole , Scott
Fort Worth, TX United States
X
Coltharp, Brian
Fort Worth, TX United States
X
Pence, Bob
Fort Worth, 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)
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 V1.1,3a6aaf7d