Contract - Brown & Gay Engineers, INc. - 2/11/20161 ----ROUND ROCK, TEXAS
PURPOSE. P.ISSION. PROSPERITY.
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: BROWN & GAY ENGINEERS, INC. ("Engineer")
ADDRESS: 7000 N. Monac, Suite 330, Austin, TX 78731
PROJECT: Gattis School Road Segment 6
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the day of 2016 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
0199.1602; 00350047
1Z-2-a�-3C,
Rev. 04/13
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.
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(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 Four Hundred Eight -Two Thousand Four Hundred Thirty -Nine and 90/100 Dollars
($482,439.90) 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.
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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:
Gerald Pohlmeyer
Project Manager
2008 Enterprise Drive
Round Rock, TX 78664
Telephone Number (512) 218-5589
Fax Number (512) 341-3359
Email Address gpohlmeyer@roundrocktexas.gov
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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:
Erin Gonzales, PE
Project Manager
7000 N. Mopac, Suite 330
Austin, TX 78731
Telephone Number (512) 879-0425
Fax Number (512) 879-0499
Email Address egonzales@browngay.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.
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ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be
executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer relating to additional work not directly associated with the performance of the Engineering
Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
due for such Engineering Services.
ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
USE OF DOCUMENTS
All documents, including but not limited to drawings, specifications and data or programs stored
electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its
subcontractors are related exclusively to the services described in this Contract and are intended to be
used with respect to this Project. However, it is expressly understood and agreed by and between the
parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings,
drawings, estimates, specifications, investigations, studies and other documents, completed or partially
completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any
such subsequent use made of documents by City shall be at City's sole risk and without liability to
Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer
from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting
therefrom.
By execution of this Contract and in confirmation of the fee for services to be paid under this
Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright
Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other
intellectual property rights acknowledged by law in the Project designs and work product developed
under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or
damage to any such documents while they are in the possession of or while being worked upon by
Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors.
All documents so lost or damaged shall be replaced or restored by Engineer without cost to City.
Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's
work and documents for purposes of constructing, using and maintaining the Project, provided that City
shall comply with its obligations, including prompt payment of all sums when due, under this Contract.
Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If
and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other
similarly credentialed design professionals to reproduce and, where permitted by law, to make changes,
corrections or additions to the work and documents for the purposes of completing, using and
maintaining the Project.
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City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Engineer. However, City shall be permitted
to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use in their execution of the Work.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for
similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of
Service shall be at City's sole risk and without liability to Engineer and its Engineers.
Prior to Engineer providing to City any Instruments of Service in electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City and
Engineer shall by separate written contract set forth the specific conditions governing the format of such
Instruments of Service or electronic data, including any special limitations not otherwise provided in this
Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is
at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and
any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed
copies of documents conveyed by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers subsequent
to the completion of the Project. Any such change shall be sealed by the engineer making that change
and shall be appropriately marked to reflect what was changed or modified.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
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ARTICLE 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 TERMSBREACH 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
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Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above, then the amount charged during the thirty -day notice period shall not exceed the amount charged
during the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the cost to City of employing another firm to complete the Engineering
Services required and the time required to do so, and other factors which affect the value to City of the
Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
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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 as a result of such negligent activities by Engineer,
its agents, or employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON -COLLUSION, FINANCIAL INTEREST PROHIBITED
(1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and
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otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of
any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non-
renewal or any material change in coverage, and such notice thereof shall be given to
City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage Currently
held by City, to any such future coverage, or to City's Self -Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
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ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
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and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Erin Gonzales, PE
Project Manager
7000 N. Mopac, Suite 330
Austin, TX 78731
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
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(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through
its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and full performance of the terms and provisions hereof.
CITY OF R D ROCK, TEXAS 4Stepha
D AS TO ORM:
By: wL
Alan raw, Mayor Sheets, City Attorney
ATTEST:
By: Sql� - R�&�
Sara L. White, City Clerk
BROWN & GAY ENGINEERS, INC.
By: �. P.�.
Signatu e of Princip 1
Printed Name: EsLtY l% , T SLK P.F
15
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5) Exhibit E Certificates of Insurance
16
EXHIBIT A
City Services
City of Round Rock will provide digital design files for development/roadway projects to the
Engineer, as needed.
City of Round Rock will provide any records available which would assist in the completion of
the project development.
• City of Round Rock will provide timely reviews and decisions necessary to maintain the project
work schedule.
EXHIBIT B
Engineering Services
ROUTE AND DESIGN STUDIES (Function Code 110)
The work to be performed by the ENGINEER under this contract consists of providing
engineering services required for the schematic development for the widening and reconstruction
of Gattis School Road from Red Bud Lane to Via Sonoma Trail and along Red Bud Lane
approximately 500' south of Gattis School Road. The project consists of reconstructing
approximately 0.65 miles of the existing 4 -lane roadway section to a 6 -lane divided facility and
adding a right turn lane on Red Bud Lane. This project involves surveying, geotechnical,
environmental, public involvement, engineering analyses, and associated details necessary to
produce a design schematic and 30% PS&E.
The ENGINEER shall perform all work and prepare all deliverables in accordance with the latest
version of the City of Round Rock criteria.
The ENGINEER shall perform quality control and quality assurance (QA/QC) on all deliverables
associated with this project.
The ENGINEER shall provide traffic control in accordance with the Texas Manual on Uniform
Traffic Control Devices (TMUTCD) when performing onsite activities associated with this
contract.
1. Data Collection
A. 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 organizations to obtain the
data. Data collection will focus on existing publically available information primarily
for issues that could substantially influence project alternatives, including potential
fatal flaws. Data to be collected will include, but not be limited to:
B. "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 land use maps, available Economic Development Plans,
jurisdictional boundaries, City ETJ boundaries.
C. Existing utility information and mapping obtained from a GIS database and/or
provided by the City and/or utility owners. Planned infrastructure such as
transmission lines and major utilities.
D. 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.
E. Graphic files, plans, documents, and other data for existing and proposed
improvements along corridor.
F. Photographic record of notable existing features collected during field reconnaissance
from public right-of-way locations.
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2. Review of Data
A. The ENGINEER will review the data collected and organize the information into
design files.
3. Complete Design Summary Form
A. Design criteria shall be in accordance with the City of Round Rock criteria.
4. Route Studies
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.
5. Geotechnical Investigations (Corsair)
A. Obtain and review existing and available geotechnical and geologic information.
Perform field reconnaissance of project limits. Attend coordination meeting.
B. Perform borings, obtaining a boring sample at 500 foot intervals to a minimum depth
of 10 feet below proposed grade. Borings are estimated to consist of the following:
9 borings to a depth of 10 feet within the at -grade or fill areas.
Borings shall occur within the limits of the existing roadway as well as between
the existing roadway edge and the ROW line, dependent upon utilities and
access.
C. Perform laboratory testing to classify soil strata, evaluate plasticity and shrink/swell
potential and evaluate the compressive strength. Tests shall include moisture
contents, Atterberg Limits, unconfined compressive strengths, sieve analyses,
absorption swell tests, lime -series tests, California Bearing Ratio (CBR) and sulfate
content tests.
D. Develop a recommended pavement design following City of Round Rock
methodology.
E. Prepare Geotechnical Report to include the summary of field investigations,
laboratory testing results and recommended pavement design.
ENVIRONMENTAL COMPLIANCE AND PUBLIC INVOLVEMENT
(Function Code 120) (BGE & CD&P)
This project is projected to be locally funded and is not on the TxDOT system; therefore, it will
not be governed by National Environmental Policy Act (NEPA) requirements. Environmental
compliance documentation will be prepared in TxDOT's format in case other funding sources
are identified.
1. Data Collection
A. Obtain and review existing and available environmental data.
B. Create environmental inventory map.
C. Perform field reconnaissance of project limits to identify environmental features.
2. Environmental Compliance Documentation
A. Section 404 of the Clean Water Act — Delineate the boundaries of jurisdictional
waters within the project limits. Based on the proposed design, it is anticipated that if
jurisdictional waters are present, the project could qualify for a Nationwide Permit
(NWP) #14. U.S. Army Corps of Engineers (USACE) is not anticipated. Prepare a
letter report documenting compliance with NWP #14 for the project record.
B. Endangered Species Act & Texas Parks and Wildlife Code — Prepared Biological
Resources summary utilizing TxDOT standardized form to document compliance
with applicable state and federal requirements. A TxDOT format will be used in the
event state or federal funding becomes available for his project. U.S. Fish and
Wildlife Service or Texas Parks and Wildlife Department coordination is not
anticipated.
C. Traffic Noise Modeling — Conduct a traffic noise analysis for the Build and No -Build
Alternatives using the latest version of the FHWA Traffic Noise Model. Utilizing
traffic data, the model will simulate existing noise levels, predicted noise levels, and
evaluate if noise abatement measures are warranted to reduce traffic noise. A report
and recommendation will be prepared for the City.
D. Antiquities Code of Texas and Section 106 of the National Historic Preservation Act
— Prepare a letter report for coordination with the Texas Historical Commission to
determine if further studies are warranted.
3. Public Involvement
A. The ENGINEER will provide general public outreach and engagement throughout the
project. A database will be developed which includes nearby property owners and
residents, businesses, churches, educational/community organizations, elected/public
officials, and any interested individuals. ENGINEER will identify and reach out to
key stakeholders that may be interested and will collect email addresses for email
updates. We will arrange and attend meetings with stakeholders and respond to
questions and comments in a timely manner. Project materials such as maps and
handouts will be developed and shared with stakeholders. Finally, email updates will
be sent out to keep the public updated on the project progress.
B. Public Meetings. The ENGINEER will plan, schedule, conduct and facilitate two (2)
public meetings to share project information with and collect feedback from citizens
and stakeholders as determined by the City and the team throughout the project. The
first meeting will be held at the beginning of the project and the second after design is
underway. It is anticipated that all public meetings will be held in public facilities or a
church near the project limits. Tasks may include, but not limited to: calling and/or
visiting potential meeting sites; reserving meeting space; announcing the meetings by
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distributing meeting information and coordinating with attendees; holding and
participating in meeting rehearsals; and facilitating meetings. The ENGINEER will
develop meetings materials and provide Spanish translation as needed.
C. Conduct up to 5 one-on-one meetings with key stakeholders.
D. Conduct up to 4 community meetings with home owners associations and other
groups.
4. Deliverables:
A. Maintain a database throughout the project in Excel fonnat
B. Arrange, attend, and document meetings and communications with stakeholders
C. Provide final electronic copies of materials
D. Provide 6 Email updates (outside of meeting notices)
E. Coordinate meeting announcements such as letters, email notices, signage, media
releases, posting, etc.
F. Arrange meeting location and facility preparation
G. Provide experienced meeting facilitator
H. Develop meeting materials and signage
I. Provide summary report of each meeting
5. Environmental Exclusions — In addition to the items previously described within this
section, the following tasks are not covered in this scope of work and may or may not be
necessary. If deemed necessary, these tasks could be conducted under a separate or
supplemental work authorization.
A. Preparation of TxDOT Scoping Documents and coordination with TxDOT Austin
District.
B. Formal Section 10(a) Endangered Species Act (ESA) consultation, including
preparation of a stand-alone Biological Assessment or completion of HCP
coordination;
C. Presence/absence surveys for karst features or endangered species;
D. Work extending beyond the specified limits of the project at the time of this work
order;
E. Noise workshops;
F. Archeological Study;
G. Public Hearing;
H. Hazardous materials Phase I & Phase II ESAs;
I. Preparation of a USACE 404 permit; or
J. Reconnaissance or intensive historic structures surveys.
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RIGHT OF WAY DATA (Function Code 130)
1. Utility Coordination (Halff Associates, Inc.)
A. The Engineer shall perform all Subsurface Utility Engineering (SUE), Utility
Coordination, and Utility Engineering services for approximately twelve (12) utilities
as listed below:
Underground
• AT&T — Telephone
• AT&T — Fiber Optic Cable
• Grande Communications — Fiber Optic Cable
• Round Rock ISD — Fiber Optic Cable
• City of Round Rock — Water
• City of Round Rock — Wastewater
• City of Round Rock — Lighting/traffic signal
• Time Warner Cable — Cable TV
• Atmos Energy — Gas
• Oncor Electric Delivery — Electric
• Manville WSC — Water
• Windermere Utility Co. - Wastewater
B. The work to be performed by the Engineer under this contract shall consist of
providing engineering services required for SUE, Utility Coordination and Utility
Engineering on the Gattis School Road Project. The existing utility file will be
referenced into the current roadway design sheets to create a test hole location work
plan. Based on the review of existing utilities and proposed roadway design sheets,
approximately 20 test holes will be required. A sketch of the area to be included for
the proposed test hole locations "Level A" will be provided prior to the start of the
work and must be approved by the City of Round Rock.
C. These services include SUE, utility adjustment coordination activities including but
not limited to, meeting and contact with utilities on the project, initial project
notifications, preparation of existing utility layouts, providing progress reports,
preparation of contact lists, reviewing conflicts between the utilities and the proposed
project, and creation of a utility conflict list. The above list of services is general in
nature and should not be considered inclusive to the engineer's responsibilities, as
listed in the following scope.
D. Subsurface Utility Enizineering (SUE) including utility investigations subsurface
and above ground prepared in accordance with AASHTO standards [ASCE C-1 38-
02] and Utility Quality Levels as follows.
i. Utility Quality Levels are defined in cumulative order (least to greatest) as follows:
a. Quality Level D - Existing Records: Utilities are plotted from review of
available existing records.
b. Quality Level C - Surface Visible Feature Survey: Quality level "D"
information from existing records is combined with surveyed surface -
visible features (performed by surveyor). Includes Quality Level D
information. If there are variances in the designated work area of Level D
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then a new schematic or plan layout, if needed, is required showing the
limits of the proposed project and limits of the work area required for this
work authorization; including highway stations, limits within existing or
proposed right of way, additional areas outside the proposed right of way,
and distances or areas to be included down existing intersecting roadways.
C. Quality Level B - Designate: Two-dimensional horizontal mapping. This
information is obtained through the application and interpretation of
appropriate non-destructive surface geophysical methods. Incorporates
quality levels C and D information to produce Quality Level B. If there
are variances in the designated work area of Level D then a new
schematic or plan layout, if needed, is required showing the limits of the
proposed project and limits of the work area required for this work
authorization; including highway stations, limits within existing or
proposed right of way, additional areas outside the proposed right of way,
and distances or areas to be included down existing intersecting roadways.
d. Quality Level A - Locate (Test Hole): Three-dimensional mapping and
other characterization data. This information is obtained through exposing
utility facilities through test holes. Actual locations are tied to survey
control (performed by surveyor). Incorporates quality levels B, C and D
information to produce Quality Level A.
ii. Designate (Quality Level B). Designate means to indicate the horizontal location of
underground utilities by the application and interpretation of appropriate non-
destructive surface geophysical techniques. Designate (Quality Level B) Services
are inclusive of Quality levels C and D.
The UC shall:
a. As requested by the City, compile "As Built" information from plans,
plats and other location data as provided by the utility owners.
b. Coordinate with utility owner when utility owner's policy is to designate
their own facilities at no cost for preliminary survey purposes. The
Engineer shall examine utility owner's work to ensure accuracy and
completeness.
C. Designate, record and mark the horizontal location of the existing utility
facilities using non-destructive surface geophysical techniques. No storm
sewer facilities are to be designated. A non -water base paint, utilizing the
American Public Works Association (APWA) color code scheme, must
be used on all surface markings of underground utilities (40,000 LF of
utilities anticipated as follows: 23,000 LF of AT&T telephone and
fiber optic cable, 500 LF of Grande fiber optic cable, 4,000 LF of City
water, 2,000 LF of City wastewater, 3,500 LF of City electric, 500 LF
of Time Warner cable TV, 5,000 LF of Atmos Energy gas, 500 LF of
Oncor electric, 500 LF of Manville WSC water and 500 LF of
Windemere wastewater).
d. Correlate utility owner records with designating data and resolve
discrepancies using professional judgment. A color -coded composite
utility facility plan with utility owner names, quality levels, line sizes and
subsurface utility locate (test hole) locations, if applicable shall be
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submitted. It is understood that the line sizes of designated utility facilities
detailed on the deliverable are from the best available records and that an
actual line size is normally determined from a test hole vacuum
excavation. A note must be placed on the designate deliverable that states
"lines sizes are from best available records". All above bound
appurtenance locations must be included in the deliverable. This
information shall be provided in AutoCadd Civil 3D format. The
electronic file shall be delivered on CD. A hard copy is required and must
be sealed and dated by Halff.
e. Clearly identify all utilities that were discovered from quality levels C and
D investigation, but cannot be depicted in quality level B standards. These
utilities must have a unique line style and symbology in the designate
(Quality Level B) deliverable.
iii. Subsurface Utility Locate (Test Hole) Service (Quality Level A) (Up to 20 Test
Holes). Locate means to obtain precise horizontal and vertical position, material
type, condition, size and other data that may be obtainable about the utility facility
and its surrounding environment through exposure by non-destructive excavation
techniques that ensures the integrity of the utility facility. Subsurface Utility Locate
(Test Hole) Services (Quality Level A) are inclusive of Quality Levels B, C, and D.
The Engineer shall:
a. Review requested test hole locations and advise the City of Round Rock
in the development of an appropriate locate (test hole) work plan relative
to the existing utility infrastructure and proposed highway design
elements.
b. Coordinate with utility owner inspectors as may be required by law or
utility owner policy.
C. Neatly cut and remove existing pavement material, such that the cut not to
exceed 0.10 square meters (1.076 square feet) unless unusual
circumstances exist.
d. Measure and record the following data on an appropriately formatted test
hole data sheet that has been sealed and dated by the Engineer:
i. Elevation of top and/or bottom of utility tied to the datum of the
furnished plan. (Provided by surveyor)
ii. Identify a minimum of two benchmarks utilized. Elevations shall be
within an accuracy of 15mm (.591 inches) of utilized benchmarks.
(Provided by surveyor)
iii. Elevation of existing grade over utility at test hole location.
(Provided by surveyor)
iv. Horizontal location referenced to project coordinate datum.
(Provided by surveyor)
V. Outside diameter of pipe or width of duct banks and configuration
of non-encased multi -conduit systems.
vi. Utility facility material(s).
vii. Utility facility condition.
viii. Pavement thickness and type.
ix. Coating/Wrapping information and condition.
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X. Unusual circumstances or field conditions.
e. Excavate test holes in such a manner as to prevent any damage to
wrappings, coatings, cathodic protection or other protective coverings and
features.
f. Be responsible for any damage to the utility during the locating process.
In the event of damage, the Engineer shall stop work, notify the
appropriate utility facility owner, City of Round Rock, and appropriate
regulatory agencies. The regulatory agencies include, but are not limited
to the Railroad Commission of Texas and the Texas Commission on
Environmental Quality. The Engineer will not resume work until the
utility facility owner has determined the corrective action to be taken. The
Engineer shall be liable for costs involved in the repair or replacement of
the utility facility.
g. Back fill excavations with appropriate material, compact backfill by
mechanical means, and restore pavement and surface material. The
Engineer shall be responsible for the integrity of the backfill and surface
restoration for a period of three years. Install a marker ribbon throughout
the backfill.
h. Furnish and install a permanent above ground marker directly above
center line of the utility facility.
i. Provide complete restoration of work site and landscape to equal or better
condition than before excavation. If a work site and landscape is not
appropriately restored, the Engineer shall return to correct the condition at
no extra charge to the City of Round Rock.
j. Plot utility location position information to scale.
E. Utility Adiustment Coordination including utility coordination meetings with
individual utility companies, and communication and coordination with utilities.
i. The Utility Coordinator shall perform utility coordination and liaison activities
with involved utility owners, their consultants, and the City of Round Rock to
achieve timely project notifications, formal coordination meetings, conflict
analysis and resolution.
a. The Utility Coordinator shall coordinate all activities with the City of
Round Rock, or their designee, to facilitate the orderly progress and
timely completion of the design phase. The Utility Coordinator will be
responsible for the following:
b. The Utility Coordinator shall provide initial project notification letters to
all affected utility companies, owners, and other concerned parties, if
needed.
C. The Utility Coordinator shall provide the City of Round Rock and all
affected utility companies and owners a Utility Contact List for each
project with all information such as: (a) Owner's Name; (b) Contact
Person; (c) Telephone Numbers; (d) Emergency Contact Number; (e) E-
mail addresses; (f) as well as all pertinent information concerning their
respective affected utilities and facilities, including but not limited to:
size, number of poles, material, and other information which readily
identifies the utilities companies' facilities.
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d. The Utility Coordinator shall advise utility companies and owners of the
general characteristics of the Project and provide an illustration of the
project footprint for mark-up of the utility facility locations that occupy
the project area.
e. The Utility Coordinator shall coordinate which utilities will conflict with
roadway construction and make the utility company aware of these
conflicts.
F. Utility Engineering including the identification of utility conflicts. The Engineer
shall coordinate all activities with the City of Round Rock, or their designee, to
facilitate the orderly progress and timely completion of the design phase.
Coordination of engineering activities include:
i. Utility Layout: The Engineer shall maintain a utility layout in the latest version
of AutoCadd Civil 3D used by the City of Round Rock. This layout shall
include existing utilities which are to remain in place or be abandoned, and
adjusted utilities. This layout will be utilized to monitor the necessity and
evaluate alternatives. The Engineer will utilize the layout of existing utilities as
prepared, if available, and make a determination of the following;
a. Facilities in conflict with the proposed project that are to be relocated.
b. Facilities to be abandoned in place.
C. Facilities to remain in service and in place.
d. The Engineer shall be responsible for determining if there are additional
facilities, not shown in the Subsurface Utility Engineering (SUE)
documents, which require relocation. The Engineer shall coordinate this
information with the City of Round Rock immediately upon discovery.
ii. Public & Individual Meetings with Utility Companies and the City of Round
Rock as required, to facilitate utility conflict identification and resolution
(approximately 1 public utility meeting and 12 individual utility meetings).
a. Progress Meetings: Meet with the City of Round Rock periodically to
coordinate the work effort and resolve problems and prepare a written
report of such meetings. The meetings will review:
b. Activities completed since the last meeting
C. Problems encountered.
d. Late activities.
e. Activities required by the next progress meeting.
f. Solutions for unresolved and/or anticipated problems.
g. Information or items required from other agencies/consultants.
h. Review of Utility's Proposed Adjustments
i. Evaluate Alternatives: The Engineer will evaluate alternatives in the
adjustment of utilities balancing the needs of both the City of Round Rock
and the Utility.
G. Deliverables:
Two (2) Existing Utility Layouts (11"x17") signed and sealed by a Texas
Professional Engineer & 2 CDs-AutoCadd Civil 3D compatible containing
DWG files in US feet (213) format, .pdf format, and scanned record
information in .pdf format if received from each utility
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ii. Two (2) Test Hole Data Sheets signed and sealed by a Texas Professional
Engineer & 2 CDs-AutoCadd Civil 3D compatible containing DWG files in
US feet (2D) format and .pdf format
iii. Utility Contact List
iv. Potential Conflict Analysis Spreadsheet
V. Meeting minutes (delivered electronically)
PROJECT MANAGEMENT (Function Code 145)
1. Meetings
A. Attend and document Progress Meetings at the City of Round Rock office. Assume
four meetings shall be required.
2. General Contract Administration
A. Develop monthly invoices and progress reports.
B. Subconsultant coordination.
C. Design coordination with the City of Round Rock.
FIELD SURVEYING (Function Code 150) (Inland Geodetics)
1. General
A. Surveys provided will be in accordance with the "Texas State Board of Land
Surveying" and the applicable City of Round Rock regulations.
B. Survey field notes will be submitted if requested by the City of Round Rock.
C. The City of Round Rock will assist in obtaining right -of -entry agreements with
property owners for the required field surveys (short of litigation). Surveyor will
make initial contacts with property owners for right -of -entry.
2. Topographic Surveys for Engineering Design and Hydraulic analysis
A. Inland Geodetics will attempt to obtain existing horizontal control points. Additional
control will be established to adequately position horizontal control points as needed
for project design activities and plan notations thereof. Control points will be
established with significant conformance to current TxDOT specifications for
primary control. Where possible, reference ties to permanent features will be
provided for each established horizontal control point. Data for the horizontal control
will be based on Texas State Plane, Central Zone, NAD 83 (93) derived from OPUS
solutions and verified by other measurement technologies.
B. Vertical control will be established via differential level loops from known project
control recovered in Item 50.2.1. A vertical benchmark system will be perpetuated at
approximate 1000 foot intervals for future reference on the plans and maintained to
construction, if necessary.
C. Survey files with previously obtained project data will be compared to and merged
with survey files generated through this proposal. In areas of uncertainty and/or
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limited topographic information, additional data will be collected as directed by the
project engineer.
D. Data collection will consist of spot elevations for improvements, edge of roadway,
driveways, visible or marked utilities, drainage features, centerline of roadway, and
grade breaks. Individual roadway cross sections will be taken at intervals not to
exceed 100 feet.
E. Channel cross sections will be provided from the upstream face of the existing
drainage structures (4-8 sections each) to approximately 200 feet upstream and
downstream. The sections will indicate any ground breaks, top of banks, toe of
slopes, water surface elevations, normal high water surface elevations (if discernible),
etc. that define the actual contour of the section and the overbank area.
F. A stream alignment and profile extending the entire limits of the channel cross
sections described above will be developed from the channel cross section
information.
G. A profile of the feature's deck (the uppermost surface) and the low chord will be
provided.
H. Topographic information will include the limits of the existing concrete riprap
upstream, beneath, and downstream of the existing drainage features.
I. Profiles of intersecting driveways within the project limits will extend a sufficient
distance beyond the existing right of way to ensure adequate data is available to
determine tie-ins with proposed vertical alignment changes.
J. Field surveys will provide the locations of all small signs, mailboxes, and other
visible surface features. Sign text, color, dimensions, and standard sign design will
be provided in accordance with the TMUTCD.
K. Field surveys will provide an elevation and a horizontal tie to the soil boring locations
or converted from data provided by the geotechnical subconsultant.
L. Survey shots will be assigned a unique point number which provides a positive
identification of the point. Each point will be assigned a feature number or feature
name using the TxDOT's standard feature table. An ASCII points file and a hard
copy print out will be provided. Each line of the output data shall contain in this
order: the point number, northing, easting, elevation, and the descriptive feature code.
M. Surveyed data will be provided in an AutoCadd Civil 3D .dwg (V8) compatible two
dimensional base map format. The survey shot point attributes will appear on
separate levels.
N. A Digital Terrain Model (DTM) will be provided in an AutoCadd Civil 3D .dwg (V8)
GEOPAK compatible three-dimensional format.
3. Boundary Surveys
A. Perform sufficient property records research to obtain current ownership and deed
information of affected properties. Surveyor will prepare an individual survey plat
and metes and bounds description for each parcel (18 estimated) of land to be
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acquired for this project. Surveyor will set appropriate monuments in the field as
shown in Survey plat and description for each acquired parcel.
4. Utilities
A. Field surveys will locate horizontally crossings of power lines, telephone/cable lines,
water lines, and pipe lines. (Visible only)
B. Location of visible existing utilities will be shown on the 2D files using field marked
information designated by the utility companies and from surface evidence surveyed
on the ground.
ROADWAY DESIGN CONTROLS (Function Code 160)
1. Schematic Development
Perform the following items for the project:
A. Geometric Design — Revise the horizontal alignment; vertical profile; pavement
cross slopes; front slope, back slope, and ditch configuration that meet acceptable
design criteria and remain within the limits of the proposed ROW.
B. Limits of Proposed ROW — Analyze the cross sections associated with the desirable
design criteria to determine the limits of ROW necessary to accommodate the
resultant configuration. Develop an exhibit providing the ROW footprint with the
desirable configuration.
C. Design Cross Sections - Develop roadway cross sections associated with the
proposed horizontal alignment and vertical profile in accordance with acceptable
design criteria.
2. 30% PS&E
A. Typical Sections — Prepare existing and proposed typical sections.
B. Plan & Profile Drawings — Drawings to include critical basemap information,
control and benchmark data, proposed roadway improvements including horizontal
and vertical roadway geometry, pavement edge geometry, drainage, grading and
miscellaneous improvements.
C. Alignment Data Sheets — Prepare horizontal and vertical alignment data sheets with
the Geopak baseline descriptions.
DRAINAGE (Function Code 161)
Schematic Development & 30% PS&E
A. Incorporate all design surveys into computer aided drafting and develop topographies
and surfaces. This data shall be utilized to develop drainage areas, hydrology and
hydraulics. This shall include topographic working drawings to prepare the
preliminary drainage design.
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B. Develop storm water hydrology for the existing and ultimate roadway section
throughout the limits of the project. The model shall incorporate the 10%, 4% and
1% annual chance storm (10 -year, 25 -year, and 100 -year) events. Modeling shall
develop storm water flows to all cross culverts and roadway conveyances. Based on
the data developed, drainage infrastructure shall be designed in a preliminary format
for the project area. The level of detail shall be sufficient to establish cost estimates
and required easements and possession and use agreements for the construction of the
proposed drainage structures and channel improvements.
C. Develop preliminary designs for all cross drainage structures throughout the project
limits. The cross drainage shall be modeled with HEC -RAS.
D. Develop preliminary designs for proposed storm water collection systems for the
proposed curb -and -gutter portion of the project area. Storm sewer designs shall be
developed using Geopak Drainage.
E. Determine potential utility conflicts based on preliminary design for the project area.
F. Develop preliminary drainage easement requirements for the project area.
G. Develop preliminary locations for detention facilities.
H. Coordinate the preliminary design with the City of Round Rock. Comments and
direction shall be incorporated into final designs.
MISCELLANEOUS (ROADWAY) (Function Code 163)
Schematic Development & 30% PS&E
A. Traffic Control Plans (TCP) — Prepare preliminary Sequence of Phased
Construction. Prepare TCP cross sections to identify temporary pavement needs.
Identify impacts to existing drainage. Prepare preliminary plan for temporary signals.
All TCP will be presented on roll plots.
B. Miscellaneous Drawings — Prepare Title Sheet and Project Layout.
C. Cost Estimates — Prepare construction cost estimate.
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EXHIBIT C
Work Schedule
DATE*
MILESTONE
March 1, 2016
Notice to Proceed
March 14, 2016
Obtain design files from City for review
March 21 -May 20, 2016
Topographic Survey
March 21, 2016
Initiate Environmental Clearance Process
March 21, 2016
Initiate Utility Coordination
May 16-20, 2016
Public Meeting
May 20 -Oct 14, 2016
Stakeholder Coordination
Aug 19, 2016
Submit Preliminary Schematic
Sept 6-19, 2016
Incorporate City Comments
Oct 10-14, 2016
Public Meeting
Nov 18, 2016
Submit Final Schematic
Dec 9, 2016
Begin ROW Acquisition
*Dates are subject to change as development progresses.
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CD&P EXHIBIT D - FEE SCHEDULE
PROJECT NAME: GATTIS SCHOOL RD
FROM RED BUD LN TO VIA SONOMA TRL
TASK DESCRIPTION
PROJECT
MANAGER
GRAPHIC DESIGN
SENIOR
PI SPECIALIST
PI SPECIALIS1
CLERICAL
TOTAL
LABOR HRS.
& COSTS
$980.00
ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT (FC 120)
$16,240.00
PROJECT MANAGEMENT (FC 164)
SUBTOTAL LABOR EXPENSES
$17,220.00
Attend project kick-off meeting
2
OTHER DIRECT EXPENSES
# OF UNITS
COSTIUNIT
Provide project management (5 months assumed)
5
$800.00
$0.00
Mileage (# of miles) (current state rate)
360
$0.565
HOURS SUB -TOTALS
7
0
0
$0.00
0
7
CONTRACT RATE PER HOUR
140
80
70
60
50
White Mylar (11 X 17)
TOTAL LABOR COSTS
$980.00
$0.00
$0.00
$0.00
$0.00
$980.00
Photocopies Color (8.5 X 11)
200
$0.40
$80.00
Photocopies Color (11 X 17)
150
$0.80
SUBTOTAL (FC 164)
Venue Rental
1
$250.00
$250.00
Postage
$980.00
$0.49
$98.00
Misc. (meeting supplies, signage, etc.)
1
$250.00
$250.00
SUBTOTAL DIRECT EXPENSES
ENVIRONMENTAL STUDIES & PUBLIC INVOLVEMENT (FC 120)
$1,001.40
Database development and maintenance
2
20
Key stakeholder outreach, meetings, and coordination (6 meetings assumed,
responses to questions and comments)
10
6
General project materials (maps, fad sheets)
2
8
4
Materials for county website
1
6
2
4
Email updates (assume 4 outside of meeting notices)
2
4
Public Meeting 1
Logistics
3
2
Notices (letters, email, signage)
2
4
4
Preparation (set up, team prep, etc.)
4
4
4
Event attendance
4
4
4
Materials (PPT, maps, exhibits, handouts)
4
6
4
6
Meeting Summary
1
2
4
4
Public Meeting 2
Logistics
3
2
Notices (letters, email, signage)
2
4
4
Preparation (set up, team prep, etc.)
4
4
4
Event attendance
4
4
4
Materials (PPT, maps, exhibits, handouts)
4
6
4
6
Meeting Summary
1
2
4
4
HOURS SUB -TOTALS
41
34
34
30
72
211
CONTRACT RATE PER HOUR
140
80
70
60
50
TOTAL LABOR COSTS
$5,740.00
$2,720.00
$2,380.00
$1,800.00
$3,600.00
$16,240.00
SUBTOTAL (FC120)
$16,240.00
DESCRIPTION
TOTAL COSTS BY FC
PROJECT MANAGEMENT (FC 164)
$980.00
ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT (FC 120)
$16,240.00
SUBTOTAL LABOR EXPENSES
$17,220.00
OTHER DIRECT EXPENSES
# OF UNITS
COSTIUNIT
Air Travel
$800.00
$0.00
Mileage (# of miles) (current state rate)
360
$0.565
$203.40
Per diem
$36.00
$0.00
Hotel
$85.00
$0.00
Photocopies BIW (11 X 17)
$0.25
$0.00
White Mylar (11 X 17)
$3.00
$0.00
CD Archive
$5.00
$0.00
Photocopies Color (8.5 X 11)
200
$0.40
$80.00
Photocopies Color (11 X 17)
150
$0.80
$120.00
Venue Rental
1
$250.00
$250.00
Postage
200
$0.49
$98.00
Misc. (meeting supplies, signage, etc.)
1
$250.00
$250.00
SUBTOTAL DIRECT EXPENSES
$1,001.40
SUMMARY
TOTAL COSTS $ 17,220.00
NON -SALARY (OTHER DIRECT EXPENSES) $1,001.40
GRAND TOTAL $18,221.40
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EXHIBIT E
Certificates of Insurance
Attached Behind This Page
Client#: 156557
BROWNGAY
ACORD. CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
101/25/2016
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
USI Southwest
CONTACT Karen Wagner
PHONE 713 490-4569 FAX 484-652-5160
AIC No Ell): AIC, No
Three Memorial City
840 Gessner, Suite 600
Houston, TX 77024
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
Travelers Property Cas. Co. of 25674
INSURER A : P rtY
INSURED
INSURER B: Travelers Indemnity Company 25658
Brown and Gay Engineers, Inc.
Travelers Indemnity Company of 25682
INSURER C : tY P Y
10777 Westheimer
INSURER D: Y Llo d's of London AA112
Suite 400
Houston, TX 77042
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: 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
LTR
TYPE OF INSURANCE
ADDL
I N S R
SUB
WVD
POLICY NUMBER
POLICY EFF
MMIDDIYYYY
POLICY EXP
MMIDD/YYYY
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
PACP73875201
12/31/2015
12/31/2016
EACH�OCCURRENCE S1,000,000
CLAIMS -MADE 7 OCCUR
PRE MIS ES OEsoccu enc. 51,000,000
MED EXP (Any one person) S10,000
PERSONAL BADV INJURY 51,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE 52,000,000
PRO-
POLICY X JECT LOC
PRODUCTS-COMP/OPAGG 52 OOO 000
> >
$
OTHER:
B
AUTOMOBILE LIABILITY
BA3F879328
12/31/2015
12/31/201
Ea a. d.nlSINGLELIMIT S1,000,000
BODILY INJURY (Per person) S
ANY AUTO
BODILY INJURY (Per accident) S
ALL OWNED SCHEDULED
AUTOS AUTOS
NON OWNED
HIREDAUTOS X AUTOS
IX
PROPERTY DAMAGE S
peracddentt
S
B
X
UMBRELLA LIAB
X
OCCUR
CUP0031`87809
12/31/2015
12/3112016
EACHOCCURRENCE S10,000,000
AGGREGATE S1 0,000,000
EXCESS LIAB
CLAIMS -MADE
DED I X RETENTION $10000
S
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNERIEXECUTIVE YIN
OFFICER/MEMBER EXCLUDED? �
(Mandatory in NH)
N /A
XVMPUB436T9
12/31/2015
12/31/201
X STAT T EORH
E.L. EACH ACCIDENT S1,000,000
E.L. DISEASE - EA EMPLOYEE S1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT I S1,000,000
D
Professional
PFDBC1501340
9/01/2015
12/3112016
$2,000,000 per claim
Liability
$4,000,000 annl aggr.
A
Contractors Egiip
PACP73875201
12/31/2015
12/31/201
Liimit: 1,129 646
DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required)
The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement
that provides Additional Insured status to the Certificate Holder only when there is a written contract
that requires such status, and only with regard to work performed on behalf of the named insured.
(See Attached Descriptions)
�ya:anaLKa�>L
City of Round Rock
City Manager
221 E. Main Street
Round Rock, TX 78664
ACORD 25 (2014/01) 1 of 2
#S17125483/M17001090
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
The ACORD name and logo are registered marks of ACORD
KAWHA
DESCRIPTIONS (Continued from Page 1) 1
The General Liability and Automobile Liability policies contain a special endorsement with "Primary and
Noncontributory" wording.
The General Liability, Automobile, Workers Compensation and Professional Liability policies provide a
Blanket Waiver of Subrogation when required by written contract.
The Umbrella Liability policy follows form to the underlying General Liability, Automobile and Workers
Compensation policies. The Umbrella Liability coverage limits are in addition to those provided by the
General Liability, Automobile and Workers Compensation policies.
The General Liability, Automobile, Workers Compensation, Umbrella Liability and Professional Liability
policies include an endorsement providing that 30 days notice of cancellation for reasons other than
nonpayment of premium and 10 days notice of cancellation for nonpayment of premium will be given to the
Certificate Holder by the Insurance Carrier.
Valuable Papers Limit: $100,000 Policy Limit
Re: Gattis School Road
SAGITTA 25.3 (2014/01) 2 of 2
#S17125483/M17001090
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
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
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2016-5046
Brown & Gay Engineers, Inc.
Austin, TX United States
Date Filed:
01/22/2016
2 Name of governmental entity or state agency that is a party to the contract for which the form is
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 goods or services to be provided under the contract.
000000
Professional Engineering Services for Gattis School Rd. Seg. 6
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
Dillon, William
Frisco, TX United States
X
Johnston, Dave
Houston, TX United States
X
Randermann, Randy
Houston, TX United States
X
Lennard, Lee
Houston, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
'`,c.�a,+l Plus•, MICHELLE PAYNE /7
Notary Public, State of Texas C
My Commission Expires l
February 11, 2019
'••.,;,�o��� .� Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
%� I
Sworn to and subscribed before me, by the said I �� l� 1 this the c2D_ day of
20 J,�,, to certify which, witness my hand and seal of office.
Signature of officer administer g oath Printed name of officer admini tering oath Title of officer ad tering oath
Cnrmc nrnviriori by Tovac Fthirc (-'nmmiccinn www_ethirsstnte_tx.us Version V1.0.34416
CERTIFICATE OF INTERESTED PARTIES
FORM 3.295
1 of 1
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
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2016-5046
Brown & Gay Engineers, Inc.
Austin, TX United States
Date Filed:
01/22/2016
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Round Rock
Date Acknowledged:
01/27/2016
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 goods or services to be provided under the contract.
000000
Professional Engineering Services for Gattis School Rd. Seg. 6
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
Dillon, William
Frisco, TX United States
X
Johnston, Dave
Houston, TX United States
X
Randermann, Randy
Houston, TX United States
X
Lennard, Lee
Houston, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34416