Contract - Gupta and Associates - 10/14/2021ROUND ROCK TEXAS
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: GUPTA & ASSOCIATES, INC. ("Engineer")
ADDRESS: 13717 Neutron Road, Dallas, TX 75244
PROJECT: Water Distribution System Generator Addition
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the day of C2AZ, 2021 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:
Time and Materials Engineering Services Contract Rev. 08/19
0199.202121;00482314 00296523
f-w 2b:�-.-2L61
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
Engineerform shall perEngineering 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
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review tirr►es 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
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(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 toydauntil such time as the Engineering Services are completed. Any Engineering Services
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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 11,111,11)e 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
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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
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, in accordance with the Fee Schedule attached hereto as Exhibit D.
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Payment of monies due for the Engineer's subconsultant's services shall be based on the actual amount
billed to the Engineer by the subcons*ultant. Payment of monies due for direct cost expenses shall be
based on the actual costs.
The maximum amount payable under this Contract, without modification of this Contract as
provided herein, is the sum of Two Hundred Ten Thousand One Hundred Eighty -Six and No/100
Dollars. ($210,186.001. 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 i*n 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 if 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 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 i*n a
form acceptable to City. This submittal shall also include a progress assessment report i*n 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
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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 1"n 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 stateient. Final payment does I I )t relieve
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Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence,,
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
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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 T-0 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 C ity 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
Ci*ty's Designated Representative for purposes of this Contract is as follows:
Kaitlyn Saucedo
Project Manager
3400 Sunrise Road
Round Rock, TX 78665
Telephone Number (512) 218-7076
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Mobile Number (512) 401 =o8517
Fax Number (512) 255-6916
Email Address ksaucedo r(4roundrocktexas.gov
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:
George Luke
Engineering Manager
13717 Neutron Road
Dallas, TX 75244
Telephone Number (972) 490-7661
Fax Number N/A
Email Address a1ukeCcv',-.aq i*con su It i n� 0 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 Ciry 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 sIs
ignificant
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
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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 i's 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.
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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
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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 I I.
Engineer. shall make revisions to Engineering Services authorized hereunder as are necessary to
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correct errors appearing therein, when required to do so by City,, No additional compensation shall be
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due for such Engineering Services.
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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 t roceed. 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 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 City's sole risk and without liability to
Engineer, and, to the extent permitted by law, City shall hold harmless Engineer from all claims,
damages, losses and expenses., resulting therefrom. Any modification of the plans will be evidenced on
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the plans and be signed and sealed by a licensed professional prior to re -use of modified plans.
By execution of this Contract and in confirmation of the fee for services to be paid under this
Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright
Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other
intellectual property rights acknowledged by law in the Project designs and work product developed
under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or
damage to any such documents while they are in the possession of or while being worked upon by
Engineer or anyone connected with Engineer., including agents, employees, Engineers or subcontractors,,
All documents so lost or damaged shall be replaced or restored by Engineer without cost to City.
Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's
work and documents for purposes of constructing, using and maintaining the Project, provided that City
shall comply with its obligations, including prompt payment of all sums when due, under this Contract.
Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If
and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other
similarly credentialed design professionals to reproduce and, where permitted by law, t 1111111 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 11,111111111111111111illile pilermitted
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 I*n this
Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them i*s
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 wl'&thout
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 I*n 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,,
ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise" evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. If any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perthe Engineering Services set forth herein i
form n 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 EngID
ineer, 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, y shall be the sole judge.
Compensation for Engineering Services at termination will 11,1111,111)e 1,11,11.)ased on a Iercentage of the Engineering
9
Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above, then the amount charged during the thirty -day notice period shall not exceed the amount charged
during the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
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fault on the part of Engineer,, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the reasonable and necessary cost to City of employing another firm to
complete the Engineering Services required and the time required to do so, and other factors which
affect the value to City of the Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its C.11)ntractual 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, mionimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales., Excise, and Use Tax Act.
(3) As required by Chapter 2270, Government Code, Engineer hereby verifies that it does not
boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this
verification, "boycott Israel" means refusing to deal with, terminating business activities with, or
otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial
relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -
controlled territory, but does not include an action made for ordinary business purposes.
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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 neg,igence, intentional tort, intellectual property
infringement, or failure to pay a subcontractor or supplier committed by Engineer, Engineer's agent,
or another entity over which Engineer exercises control. Engineer shall a1:113o save and hold City
harmless from any and all expenses, including but not limited to reasonable attorneys' fees which
may be incurred by City in litigation or otherwise defending claims or liabilities which may be
imposed on City to the extent resulting from such negligent activities by Engineer, its agents, or
employees,,
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction (1f any such errors or DMissions 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
City in accordance with the Texas Engineering
Registration for Professional Engineers.
and date all appropriate engineering submissions to
Practice Act and the rules o If the State Board of
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
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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 o e 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
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
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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)0
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements.. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non -
renewal in coverage, and such notice thereof shall be given to City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
b The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self -Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the partIs
ies hereto, their
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successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, ion 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
40
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
10 10
unenflorceabill*ty shall not affect any other provision thereof and this Contract shall be construed as 1*f
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:
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City of Round Rock
4'
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer0
:
George Luke
Engineering Manager
13717 Neutron Road
Dallas', TX 75244
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
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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 Ci*ty's additional legal rights or remedies. Any determination to withhold or
set off shall be made in good faith and with written notice to Engineer provided, however, Engineer
shall have fourteen (14) calendar days from receipt of the notice to submit a plan for cure reasonably
acceptable to City.
(2) Force Maj*eure. 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 i*n
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
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all of the terms or conditions herein, exclusive venue for same shall lie 1*n 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 profess40 ional 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 cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable,,
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the.City of Round Rock has caused this Contract to be signed -in its
corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through
its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and full performance of the terms and provisions hereof.
signature page follows)
15
CITY OF ROUND ROCK, TEXAS
By: � �A I
Craig Morg n, or
ATTEST:
By: 9f A'tt"-
Sara L. White, City Clerk
GUPTA & ASSOC
TES, IN
By:'zz
Ya
SignatuVame:
f Prin pal
Printedr _ J/ c
APP O ED AST FORM:
Stephan .Sheets, City Attorney
Ire
(1) Exhibit A
(2) Exhibit B
(3) Exhibit C
(4) Exhibit D
(5) Exhibit E
LIST OF EXHIBITS ATTACHED
City Services
Engineering Services
Work Schedule
Fee Schedule
Certificates of Insurance
17
EXHIBIT A
City Services
The City of Round Rock will furnish to the Engineer the following items/information:
1. Record drawings and documents pertaining to projects in the area, including easement documents,
construction plans,, test records, topography, system maps., etc,,
I Structural record documents for the existing structures.,
3. Geotechnical information of each pump station where available.
4. Survey data for each pump station where available.
5. Standard bidding documents to be incorporated by the City into the Project Manual for bidding purposes.
The City of Round Rock will provide the following services:
1. Marked up drawings and specifications after the 60% and 90% design review submittals.
2. Production of the Project Manual.
3. All advertisement of the Project for bidding purposes including posting the Project Manual and any
addenda for prospective bidders to download.
4. Receipt of and opening sealed bids from bidders.
5. Escort GAI and sub -consultant personnel during site visits.
EXHIBIT B
Engineering Services
1. Overview and Understanding:
This project will design, bid, and build standby generators (Project) for the City of Round Rock (Owner) at
three separate pump stations. Gupta & Associates, Inc. (GAI) will perform both the electrical distribution and
controls (ED&C) and the instrumentation and controls (I&C) design as the prime consultant to the Owner. GAI
will utilize a subconsultant to perform the civil and structural engineering.
LL Project Description —Basic Services
1.1.1. General
Three pump stations are to be retrofitted with automatic transfer switches and standby generators.
These locations are:
I . Southeast Elevated Pump Station (Three 50HP motors)
a. This pump station has a rather old single -sourced motor control center (MCC).
b. There is space on the east side of the elevated storage tank (EST), near the existing electric
meter. This is the anticipated location for the generator.
c. Anew Automatic Transfer Switch (ATS) will be installed adjacent to the existing electric
meter on an outdoor equipment rack.
i. Power from the existing 400A disconnect switch will be routed to the ATS.
ii. Power from the generator will be routed to the ATS.
iii. The existing underground conduit from the* disconnect switch to the MCC will be
rerouted to the ATS. New cable will be installed from the ATS through the existing
conduit to the MCC.
2. South8l Pump Station (Two 100HP motors)
a. This pump station has a relatively new dual -,main MCC.
i. One main is from the utility transformer
ii. The second main is from a junction box outside on the north wall which serves as a
point of connection for a portable generator. This connection point will be left where it
is but it will not be utilized for this new generator.
b. There is space on the south side of the pumps that appears to be relatively clear of
underground utilities. This is the anticipated location for the permanently installed
generator.
c. Anew ATS will be installed on the north wall of the pump station.
d. Power from the utility transformer will be re-routed into this ATS. Power from this ATS
will be routed into the MCC and connected to what is currently the Utility Main.
e. Power from the generator will be routed underground, along the east side of the building to
the ATS.
3. Southeast Ground Pump Station (Three 300HP motors)
a. This pump station has a relatively new single -sourced MCC.
b. There is very little free space from which to choose where to situate the new generator. The
most open area is between the ground storage tank (GST) and the driveway, where the
driveway turns from north south to east/west. This is the anticipated location for the
generator, but it may be necessary to reroute the driveway to provide adequate clearance.
c. There is a relatively old outdoor 1600A switchboard outside the building.
i. This switchboard provides ground fault protection as required by NEC Art. 230.95.
ii. The utility transformer serves this switchboard and this switchboard serves the
relatively new MCC inside the pump station.
d. Anew 4-pole ATS will be installed inside the pump station on the south wall.
i. New conduits will be installed between the existing outdoor switchboard and the new
ATS to provide utility power to the ATS.
ii. Conduits from the generator will be routed to the ATS to provide emergency power to
the ATS.
iii. The existing conduits from the outdoor switchboard to the MCC will be abandoned in
place and the existing conductors will be removed.
IV. New conduits and conductors will be installed overhead from the ATS to the MCC.
Page 1 of 4
EXHIBIT B
Engineering Services
1.1.2. Electrical Distribution and Controls
I - Generators are to be 48OV, diesel engine driven.
2. An automatic transfer switch (ATS) will be installed at each location.
3. Services:
a. The existing electric utility incoming service will be rerouted to the Norn-ial Source of the
ATS.
b. The generator will be routed to the Emergency Source of the ATS.
c. The output from the ATS will be routed to the existing main service disconnect switch.
4. A preliminary power study will be performed during design. The final power study, including
protective device coordination, will be performed during construction by the Construction
Contractor.
1.1.3. Instrumentation and Controls
1. Each generator and each ATS will be connected to the existing pump station controller for
remote monitoring. GAI assumes the existing pump station controller either has sufficient
hardwired 1/0 points available or has the capability to monitor this equipment via a network
cable (RS-485 or Ethernet).
2. The generators and ATS will be programmed to perform an automatic test on a weekly basis.
1.2. Subconsultant Services
GAI will utilize the services of subconsultants to provide the following services0
:
I - Structural — design of three equipment pads for the generators
2. Site Survey — topographical survey for generator pads
3. Geotechnical — one bore at each location (assuming previous geotechnical report is not
available)
2.1. Work Definition
2.1.1. Administrative
This work will include the following administrative services:
1. GAI will provide various submittals for Owner's review of the design process.
are expected to be:
d. 60% Design for Owner's review
e. 90% Design for Owner's review
f. 100% Design for Owner's (and TWDB if needed) review
g. Sealed and signed documents for advertisement
h. Conformed documents for construction
These submittals
2. GAI will provide monthly invoicing for this work to Owner. The durat40
ion of this Project is
expected to be:
a. Design Phase: 5 months
b. Advertisement: I month
a Construction Phase: 10 months
3. GAI will conduct site surveys after notice to proceed is received as needed.
4. GAI will participate in a project initiation meeting.
IP
5. GAI will participate in various design review meetings and workshops with the Owner. These
include:
a. Owner Design Review Meetings (60%/90%): 2
6. Opinions of Probable Construction Costs (OPCC) will be provided for each submittal.
2.1.2. Preliminary Engineering Report
Not included in scope. Work will begin directly with the design effort.
2.1.3. Final Design — Plan Drawings
Page 2 of 4
EXHIBIT B
Engineering Services
GAI will provide electronic copies of plan drawings for the 60% and 90% submittals in P1111''11)F format
for review. The bid ready set of plans will be signed and sealed PDF copies., The following is a
preliminary list of plan drawings to be provided:
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2.1.4. Advertising and Bidding Services
GAI will provide the following:
1. Provide plans and specifications to Owner for advertisement.
2. Owner will handle all:
a. Incorporating GAI provided documents into the Project Manual along with Owner's front-
end documents.
b. Advertisement, receipt of bids, and opening of bids.
3. Conduct one pre -bid meeting.
4. Respond to Bidders' requests for information (RFIs), issue addenda as required, and provide
conformed documents.
2.1.5. Construction Phase Services
GAI will provide the following.*
1. Provide conformed documents:
a. Four half-size hard copies of plans (two for Contractor, two for Owner).
b. Two full-size hard copies of plans (one for Contractor, one for Owner).
Page 3 of 4
EXHIBIT B
Engineering Services
c. Four hard copies of specifications (two for Contractor, two for Owner).
2. Conduct pre -construction kickoff meeting.
3. Conduct monthly construction progress meetings (assumed qty: 9).
4. Respond to Contractor's RFIs (assumed qty: 3).
5. Review and respond to Contractor's shop drawing and O&M submittals (assumed qty: 30)0
6. Participate in on -,site startup and commissioning.
7. Conduct in a final walk- through/punchlist site visit and one additional follow-up inspection.
8. Provide record documents based upon Construction Contractor's redline markups:
a. Two half-size hard copies of plans for Owner.
b. One CD of PDF of plan files.
2.1.6. Special Services
GAI has included'. provided by the Subconsultant, provisions for special services that will not be
used unless specifically authorized. These services are:
1. Survey: It is understood that survey data should be available for some of the sites. This
allowance is provided should that data not be available or is insufficient in the area covered.
2. Geotech,*. It is understood that Geotech data should be available for some of the sites. This
allowance is provided should that data not be available or is insufficient in the area covered.
3. SUE: This allowance should not be needed assuming the Owner is comfortable with where the
existi
ng underground lines are. The proposed generator locations were chosen with the
understanding that those areas should be free of conflicts.
3. Clarifications:cClarifications:0
The following items apply to this proposal:
1. Opinions of Probable Construction Costs are engineering estimates and are not warranted.
2. GAI has not included any software licenses or hardware in this proposal.
3. This proposal is valid for 60 days.
4. This proposal is based upon a contract being issued for this scope of work that includes a set of mutually
acceptable terms and conditions.
Page 4 of 4
EXHIBIT C
Work SchcdUle,
doh Q jun rf Mr
I St r)-ndir ?Pfi rli,nrf ur 3rd rn) r lct n
4th Q —d- ruacia
ID
Task Name
Duration
Start t
Finish Sep
Oct Nov
i Jan ...May __Dec ....... .. ..... - Jan...... .. Feb Mar
Dec...Feb- Mar Apr.. Jun Jul Aug . .... . Sep_...--: -Oct-.--.
. . ..........
Notice to Proceed
0 days i
Mon 10/4/21
. . .... . ........ . ..... . .......
Mon 10/4/21
10/4.__ ..... ...... ... ....
*2
..... . ..... ......... ...... ..... ......................... ............ ............ .... .. ....... ... . .......... .... . .. ........ ... ................ ....... .... . .. . ........ ...... ............ ..... ...... .... . ... ... ..... ....... . ... . ....... . ...... ------ . ...... ..... ....... .. ............. ...... ... .. . ............ .. ...........
2
Kickoff Meeting
1 day::
Mon 10/11/21
Mon 10/11/21
3
i Development of 60% Design Documents
47 days
Tue 10112/21
Fri 12/17121
Submit Draft Design Pkg for Intmi Rev
5 wks
Tue 10/12/21
Mon 11/15/21
5
Finalize Design Package
2 wks
Tue 11/16/21
Wed 12/1/21
6
Submit Design Package to Owner
1 day
Thu 12/2/21
Thu 12/2/21
7
Owner's Review
2 wks
Fri 12/3/21
Thu 12/16/21
Design Review Meeting
1 day
Fri 12/17/21
Fri 12/17/21
9
10
Development of 90% Design Documents
Submit Draft Design Pkg for Intrnl Rev
42 days
4 wks;;
Mon 12/20/21
Mon 12/20121
Wed 2/16/22
Mon 1/17/22
Finalize Design Package
2 wks'
Tue 1/18/22
Mon 1/31/22
12
Submit Design Package to Owner
1 day :Z
Tue 2/1/22
Tue 2/1/22
13
Owner's Review
2 wks
Wed 2/2/22
Tue 2/15/22
14
Design Review Meeting
1 day
Wed 2/16/22
Wed 2/16/22
15 i
Development of Bid Ready Documents
21 days
Thu 2/17/22
Thu 3117/22
16 j
Submit Draft Design Pkg for lntrnl Rev
3 wks
Thu 2/17/22
Wed 3/9/22
17
Finalize Design Package
1 wk
Thu 3/10/22
Wed 3116/22
8
Submit Design Package to Owner
1 day
Thu 3/17/22
Thu 3/17/22
19
Advertisement
28 days
Fri 3/18/22
Tue 4126/22
20
Advertise
4 wks
Fri 3/18/22
Thu 4/14/22
1
Pre -Bid Meeting
1 day:
Fri 4/1/22
Fri 4[1/22
22
Bid Opening
1 day =
Mon 4/18/22
Mon 4/18/22 1
23
Bid Evaluation
5 days
Tue 4/19/22
Mon 4/25/22
24
City C66nch Award
1 day'
T_u_e4_/,2,6_/22Tue
4/26/22
25
Construction
210 days
Wed 4/27/22
Tue 2/14/23 1
26
Pre -Construction Kickoff Meeting
I day:
Wed 4/27/22
Wed 4/27/22
Generator Shop Drawings
4 wks
Wed 4/27/22
Tue 5/24/22
28
Generator Delivery
24 wks
Wed 5/25/22
Tue 11/8/22
9
On -Site Construction
18 wks
Wed 8/17/22
Tue 12/20122
30
Substantial Completion
0 days
Tue 1/17/23
Tue 1/17/23
♦ 1/17
--------
............. ............... . .....
Final Completion
. ....... ...... . .. ...... ......- ........... ........... ...... .... . ........... ..........
0 days;
... ....... . ... ...•.
Tue 2/14/23
....
Tue 2/14/23
..
.......... .......
2/14
....... - .. .... . ......... ... ...... . ... .......... . ... .................. ........ . .. . ............... ........... ............... ... .............. .. ....... ... . ...... ..... .......... . . . .. ...................... ............ ................ ......... . .. ........ .............. .............. ... . .............. .......... . ....... ..... ..... . ......... . ... . ... . ......... ............... . .. ........ . .. .... .. ........
Project: Preliminary
Project Schedule
Task
Progress
--------
Summary
External Tasks Deadline
Date: Fri 9/10/21
Split
Milestone
Project Summary
External Milestone
As of: Fri 9/10/21
Page 1 of 1
EXHIBIT D
Fee Schedule
GAI will perform these services on a fixed fee basis, based upon the followine:
Description
Southeast Elevated
PU Station
South8t"Puimp Station
So'utheast Ground
PU Station
Total
Final Design $13969 ; $13969
; $13,969 $41,907
Advertisement $3,309 $37309 $3,309 ; $91)927
Construction $13,391 $13,391 $13,391 $40 173
Subconsultants11 zt 3
Structural $11 743 $11 743 $11 743 $35229
Civil $101605 1 $107605 1 $107605 1 $31,815
Subtotal Basic Services $531017 ; $531017 ; $537017 1 $1591051
Special Services'94
Survey $3,395 1 $3395 i $3,395 $10 185
-INN
Geotech $7350 ' S7350 $7,350 i $22050
SUE $6,300 $6,300 ; $6,300 � $18,900
Subtotal Special Services $17045 $17045 $17045 ; $51 135
Total $70062 $70062 $70062 $210 186
Note:
1. Copy of Subconsultant fee proposal attached.
2. Subconsultant fee includes Final Design, Advertisement.,, and Construction Phase services
3. Subconsultant fee includes 5%markup by GAI.
4. Special Services are shown for each site for budgeting purposes and will not be utilized unless specifically
authorized.
Page 1 of 1
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08.03.21 (Revised 8.27.21, 09.10.21)
George Luke, PE
Gupta and Associates, Inc.
13717 Neutron Rd
Dallas, TX 75244
Re: Proposal — Scope of Structural Engineering Services and Compensation
City of Round Rock, Texas — Standby Generators at South 81 EST, Southeast EST,
and Southeast GST
Dear George,
We are pleased to express our interest in providing structural engineering, civil engineering, and survey
services for the referenced project and offer the following proposal for your consideration.
We understand the scope of the project to be the design of the concrete foundation slab and adjacent
site civil improvements for three (3) standby generators located at three (3) different water storage
tank/pump stations around the Cit of Round Rock, Texas. The following are the three sites:
• South 81 Elevated Storage Tank (EST), 2303 South Mays Street
• Southeast Elevated Storage Tank, 2511 Double Creek Road
• Southeast Ground Storage Tank (GST), 2399 Sycamore Trail
The structural and civil engineering scope will include the following key items:
Structural Engineering:
• Structural design of the conventionally reinforced concrete foundation slab on prepared
subgrade. The approximate plan dimensions for each foundation will be around 20-ft by 10-ft.
• The subgrade preparation below the foundation will be in accordance with a site -specific
geotechnical report.
Civil Engineering:
• Minor grading around the new concrete foundations for the three (3) new standby generators.
• Civil design of additional pavement as needed around the new generator foundations to allow
vehicle access.
• Design of bollards around the new generators.
• Subgrade for the pavement will be specified and detailed in accordance with the
recommendations in the site -specific geotechnical report.
• Dry utility services will be shown on civil site plans for conduit or direct bury routing and clash
detection only. Design of electrical, telephone, cable, fiber optic, and gas services to include
cable/conduit/pipe sizing, load requirement, and demand and/or pressure requirements to be
provided by others.
Gupta and Associates, Inc.
City of Round Rock, Texas Standby Generators at South 81 EST, Southeast EST, and Southeast GST — Structural, Civil, and Survey
08.03.21 (Revised 08.27.21, 09.10.21)
Scope of Engineering Services and Compensation Page 2 of 6
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- � a .:s.'.. �' �r. p,Y .p;i �:cP.b � u :..� z-3}f eJ..s. A..: $.::.: �R,� :^ .'_'l �k J�:�i"., un�:�Lat' .•vF�b�'� >.E ii ,_'.�k�,�.Et'Y': _5,- �,
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Preliminary Design Phase services are not included in this scope.
Task ILA: General Management, Meetings, QA/QC and Administrative
JQwill perform duties necessary to coordinate and complete the work which includes:
• Attend project kickoff meeting.
• Attend three (3) Owner progress meetings or review workshops.
• Conduct site evaluations as necessary to perform the condition assessments. One (1) site visit is
anticipated.
• Perform QA/QC as required.
• Perform general management and administrative duties necessary to complete the work.
• Submit monthly invoicing.
• Deliverables:
0 60%1 90% and 100% civil and structural design drawings in electronic PDF format.
0 60%1 90% and 100% civil and structural specifications in electronic PDF and DOC format
0 60%, 90°% and 100% OPCC in electronic format
Task 11.13: 60°% Design Documents (2 to 3 Months Duration)
• Perform structural analysis for the concrete foundations.
• Provide detailed 60% civil and structural design drawings for all scoped items.
o Site and Paving Plans for the three sites
o Grading Plans for the three sites
o Civil Site Details
o Structural Notes, Special Inspections, and Abbreviations
o Structural Foundation Plans for the three sites
o Structural Sections and Details (2 to 3 sheets)
o Structural Typical Details
• Provide detailed 60% civil and structural specifications for all scoped items.
• Provide 60% OPCC for civil and structural related costs.
Task 1I.C: 90% Design Documents (1 Month Duration)
• Provide detailed 90% civil and structural design drawings for all scoped items (similar sheets as
listed above).
• Provide detailed 90% civil and structural specifications for all scoped items.
• Provide 90% OPCC for civil and structural related costs.
Task ILD: 100% Design Documents (1 Month Duration)
• Provide detailed 100% civil and structural design drawings for all scoped items (similar sheets as
listed above).
• Provide detailed 100% civil and structural specifications for all scoped items.
• Provide 100°% OPCC for civil structural related costs.
Gupta and Associates, Inc.
City of Round Rock, Texas Standby Generators at South 81 EST, Southeast EST, and Southeast GST — Structural, Civil, and Survey
08.03.21 (Revised 08.27.21, 09.10.21)
Scope of Engineering Services and Compensation Page 3 of 6
JQ will perform the following during the BID PHASE:
• Review and respond to Bidder inquiry and issue addenda as required.
• Issue conformed documents after successful award of the bid.
JQ will perform the following during the CONSTRUCTION ADMINISTRATION PHASE:
Task IV.A: General Management, Meetings, QA/QC and Administrative
• Attend up to three (3) construction progress site visits with detailed observation reports.
• Attend one (1) substantial completion walkthrough to develop punchlist items for civil and
structural scoped items.
Task IV.B: RFI, Submittals, Shop Drawings, CO/FO
• Review and respond to RFi, field queries and provide clarification of the construction document
intent.
• Provide review of contract submittals and shop drawings for structural related scope items.
• Review CO/FO as required.
Task IV.C: As -Built Documents
• Provide as -built documents after final completion of the work. JQ will incorporate all RFI, CO/FO
as part of the as -built documents. The documents will contain an as -built record set stamp
indicating the documents were conformed based on information provided by others.
Engineering seals will be removed from the as -built set, in accordance with TBPE guidelines.
Task V.A: Special Service SS-1: Land Surveying Services
Texas Land Surveying Firm Registration No. 10193718
JQ will perform land surveying services at each of the storage tank sites. The services will include the
following:
1. Topographic Survey
a. Establish a minimum of two (2) temporary control monuments (typically a 5/8-inch iron rod
with pink plastic cap stamped JQ TRAVERSE), provide coordinates (northing, easting, and
elevation) and graphically show on the topographic surveying exhibit.
b. All horizontal survey data will be surveyed relative to the North American Datum of 1983
(NAD 83), Texas Coordinate System of 1983, Central Zone-4203 (surface coordinates).
c. Ail vertical survey data will be surveyed relative to the North American Vertical Datum of
1988 (NAVD 1988).
d. Location of permanent improvements on and immediately adjacent to the site.
e. Spot elevations on a 25-foot grid or break in grade for hard surface and 50-foot grid or break
in grade for natural ground.
f. Top of curb and gutter elevations for paving on and adjacent to the site.
Gupta and Associates, Inc.
City of Round Rock, Texas Standby Generators at South 81 EST, Southeast EST, and Southeast GST — Structural, Civil, and Survey
08.03.21 (Revised 08.27.21, 09.10.21)
Scope of Engineering Services and Compensation Page 4 of 6
g. Location of all sidewalks on and adjacent to the site.
h. Location of all buildings with finish floor elevations.
i. Location of above -ground visible utilities and appurtenances.
j. Flowline elevations on wastewater manholes, storm drainage manholes and inlets.
k. Contours on one -foot intervals.
1. Location of trees, including size and general species.
Task V.B: Special Service SS-2: Geotechnical Investigation Report
JQ will retain the services of a qualified geotechnical consultant to perform geotechnical investigations
and recommendations for the foundation design of the concrete slab and paving improvements. One
deep boring taken down to the rock stratum estimated to be around 20-ft below existing grade, and one
shallow boring are anticipated for the sub -surface investigation and testing.
Task V.C: Special Service SS-3: SUE Services
JQ will retain the services of a qualified subsurface utility engineering (SUE) consultant to perform an
investigation on the location of existing below grade utilities. The SUE services will include the
following:
Quality Level "D" SUE and Quality Level "C" SUE investigations:
• Contact the applicable "one call" agency and acquire records from all available utility owners
including local municipalities (cities, counties, etc.) and client.
• Perform in -field visual site inspection from information derived from existing records or oral
recollections. Compare utility infrastructure and visual discrepancies with record drawings.
• Interview available utility owners for needed clarification, resolution of found discrepancies, and
details not provided on the record drawings.
• Information obtained by surveying and plotting visible above -ground utility features and by
using professional judgments in correlating this information
Quality Level "B" SUE Investigations:
• Select and employ the appropriate suite of geophysical equipment to search for existing utilities
at the locations specified on the project. For metallic/conductive utilities (e.g. steel pipe,
electrical cable, telephone cable) electromagnetic induction, and magnetic equipment will be
employed. We will attempt to designate non-metallic/non-conductive utilities using other
proven methods, such as rodding, probing, and Ground Penetrating Radar (GPR).
• interpret the surface geophysics and mark the indications of utilities with paint on the ground
surface for subsequent depiction on deliverable utility maps.
• Coordinate with the Client for survey the existing utility designating marks and above
ground appurtenances once all Field work has been completed.
The following are services excluded from the structural, civil, and land surveying basic services scope:
• Quality Level "A" Subsurface Utility Engineering (SUE) to determine the location of existing
utilities.
• Platting, boundary, or ALTA surveys.
• Utility research. It is our understanding that this information will be provided to JQ by others.
Gupta and Associates, Inc.
City of Round Rock, Texas Standby Generators at South 81 EST, Southeast EST, and Southeast GST — Structural, Civil, and Survey
08.03.21 (Revised 08.27.21, 09.10.21)
Scope of Engineering Services and Compensation Page 5 of 6
• Easement documents.
• Update of survey of improvements after initial survey has been performed.
• Design of any utility relocations.
• Storm water detention design or analysis.
• Preparation of design and details for site retaining walls.
• Fast track production of any portion of the Contract Documents released for
pricing/bid/fabrication or submitted for building permit prior to such issuance of final design
documents.
• Materials or geotechnical testing. Any lead and asbestos testing will be performed by others.
• Architectural, mechanical, piping, or electrical design or specification services.
• Meetings or site visits beyond the number defined in the scope above.
• Confined space entries of any kind. Special services are required to accommodate any required
entries identified during the course of the assessment.
• Design of excavation protection or retention systems.
• Preparation of Storm Water Pollution Prevention Plan (SWPPP).
Changes to the design documents required as a result of damage done by the Contractor to
existing utilities, pavement, flatwork, storm water management BMPs, etc.
- __
EEESf P'A YME
We propose to provide BASIC engineering services on a LUMP SUM basis as per the table below. Special
services will be performed on a time and materials basis only where authorized.
BASIC SERVICES
-
STRUCTURAL DESIGN:
PHASE I — PRELIMINARY DESIGN AND EVALUATION
No Scope
PHASE II — FINAL DESIGN PHASE
$ 25,390.00
PHASE III — BID PHASE
$ 1,395.00
PHASE IV —CONSTRUCTION PHASE
$6,765.00
TOTAL STRUCTURAL DESIGN BASIC SERVICES
$ 33,550.00
CIVIL DESIGN:
PHASE I — PRELIMINARY DESIGN AND EVALUATION
No Scope
PHASE II — FINAL DESIGN PHASE
$ 22,655.00
PHASE III — BID PHASE
$ 1,200.00
PHASE IV —CONSTRUCTION PHASE
$61445.00
TOTAL CIVIL DESIGN BASIC SERVICES
$ 30,300.00
PHASE V— SPECIALSERVICES
SS-1: Land Surveying Services
$ 9,700.00
SS-2: Geotechnical Investigation (By Others,
$7,000 Per Site)
$ 21,000.00
SS-3: SUE (By Others, $6,000 Per Site)
$ 181000.00
Gupta and Associates., Inc.
City of Round Rock,, Texas Standby Generators at South 81 EST,, Southeast EST, and Southeast GST - Structural, Civil, and Survey
08,.03.21 (Revised 08,17,21,, 09e10*21)
Scope of Engineering Services and Compensation Page 6 of 6
The fee development and authorized additional or special services are based on the following hourly
rates.
Partner
Principal
Senior Project Manager
Engineering Technical Lead
Project Manager
Senior Project Engineer
Senior Technician
Administrative
$275.00 hour
$235000 hour
$195.00 hour
$205.00 hour
$165.00 hour
$150-000 hour
$130.00 hour
$90-00 / hour
Senior Registered Professional Land Surveyor $180,,00 hour
Registered Professional Land Surveyor $150.00 hour
Survey Crew (2 Man) $180-00 hour
Survey Crew (1 Man) $1352,00 hour
Reimbursable expenses for authorized additional services will be invoiced at 1.10 times net cost to JQ,,
Reimbursable expenses include:
- Travel expenses including mileage at $0.50 per mile.
- Reproduction
Invoices for progress payments of the basic fee will be billed each month for services performed during
the prior month on a time and material basis. The terms and conditions of the PRIME professional
services agreement with the CITY shall apply.
We appreciate your consideration and look forward to working with you.
Sincerely,
JQ Infrastructure, LLC
DRAFT ONLY
Murali Kariyarveedu, PE
Partner
Enclosure:
Exhibit A — Structural Fee Backup
Exhibit B — Civil Fee Backup
Exhibit C —Survey Fee Backup
.ound Rock, Texas Standby Generators
il Design Fee
ffPRELIMINARY DESIGN AND EVALUATION
Subtotal PHASE I
FINAL DESIGN
'Project Setup
Owner progress meetings'iCondition Assessment Site
Structural Notes, Special Inspect, and Abbrev
South 81 EST Plan View 11
Southeast E8—T Plan View E. H1
Southeast GST Plan View
Section and Details (2 to 3 Sheets)
Typ Details
�- =t'�LaV�iOaCiaGl�[atiiaSf3i4�rrrx�������L�����rrr��
South 8 11 EST Plan View
Southeast EST Plan View
`—Southeast GST Plan View
Section and Details
WW
Structural Notes, Special Inspect, and Abbrev
South 81 EST Plan View
outheast EST Plan View
Southeast GST Plan View
Section and Details
Typ Details
OZIRMASubtotal PHASE III
Subtotal PHASE ll:'�
,Review/Respond Bidder Inquiry and Issue Adden—da
Issue Conformed Documents
�� L'aL'aL'�L'��L•�['��SJ!i67f�F1�L'a�Ca['��L�L��I'�awea�
1JQ Infrastructure, LLC
City of Round Rock, Texas Standby Generators
'Structural Design Fee -
Sub -Consultants
L-1011L=.1
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WIN
CONSTRUCTION ADMINISTRATION
lee ngs,QAIQC,andAdmin
,G_eneral mgmt and administrative
M ps VA-70
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Submittals, Shop
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LReview an ield Oueries
`-/Respond RF1___d_F
IVIT
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Review Submittals and Shop Drawings���tJiL9��iGl��fi3v����7���s]S7�si:ni
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Provide As-13tillt Drawings
.0 A!
Subtotal PHASE IV,
'ITOTAL BASIC SERVICES FEE
PHAS
iSPECIAL SERVIC
S
,S—outh 81 EST Topo Survey
Ell W =1
-Southelillast EST Topo Survey
, i -Survey southeast GST Topo
fVM
Geotechnical Investigation
_South 81 ESTGeotech
-S-o—uffi-e-ast EST G-e-offie—ch
Not&, W
-Aff iYOT11
Southeast-G-ST-13leotech
fiT77.i:6A6i173.TII7RTi
--------____--------
ME
Nublotal [ask
Subtotal PHASE W,
�LTOTAL SPECIAL SERVICES FEE
Page 2/2
Gupta and Associates
Standby Generators at EST/GST Sites
City of Round Rock
JQ Infrastructure
CIVIL FEE BREAKDOWN
PREPARED BY: Chris Bitter
LAST REVISED: 09/09/2021
Exhibit B
Task
No.
Description
Principal,
hrs
Senior
Project
Manager,
hrs.
Technical
Advisor
QA/QC,
hrs
Project
Engineer
hrs.
Cadd
Tech
hrs.
Admin
hrs.
Direct Costs
(mileage, copies,
etc)
Sub -Total $ for
Task
1
General Management
1.1
Internal Kickoff Meeting
1
1
3-3--0.0-0
1.2
OwnerKickoff Meeting
2
$ 50-00
$ 440.00
1.3
Internal Coordination Meeting
1
1
1
430.00
1.4
Design Review Meetings (2)
4
$ 100.00
$ 880.00
$ 21080e00
2
Design Phase
2.1
Prepare (3) Site/Paving Plans, (3) Grading Plans and Detail Sheet
8
2
16
24
61530.00
2.2
on"-
60% Civil Specifications
2
1
4
1
$ 19225.00
Z.3
MUSUNNNININ�60%
Prepare 60% OPCC - ---
2
1
4
-
11135,00
2.4
Prepare 90% (3) Site/Paving Plans, (3) Grading Plans and Detail Sheet
4
2
12
16
4t4l 0.00
2.5
90% Civil Specifications
2
1
2
1
$ 955.00
2.6
Prepare 90% OPCC
2
1
2
1
955.00
2.7
Prepare 1 00% Site/Paving, Grading Plan and Detail Sheet
4
2
10
12
$ 31740,00
2.8
70% Civil Specifications
2
1
2
1
$ 955.00
2.9
Prepare 100% OPCC
1
1
2
$ 670.00
$ 209575oOO
3[---
Phase Assistance
3.1
Addendum/ Response (up to 2)
1
2
$ 465-00
3.2
-RFI
Conformed drawings
1
1
1
2
735.0
$ 11200*01
a t;onstrucuon rnase
4.11,Submi-tt-a-1-s/RFIs 2 8 19470.0___0
4.21 Site Visits and Inspections (1 per site) 6 6 $ 100.00 $ 29080-00
493 Final Walk Through (3 sites) 6 6 $ 50,00 $ 2,030-00
4.4 Record Drawings 1 2 4 $ 865-00
$ 6l445,.00
0
Princ.
Hourly Rates = $ 235.00
52 13 81 59
P.M. Tech Adv Proj. Eng. Tech
$ 195-00 $ 205-00 $ 135.00 $ 100.00
4 $
300900
Admin. -�
$ 90.00 Basic
Services= $ 309300.00
all Services = $
1 - -Total Fee = $ 309300s00
Client GAI
Project Round Rock GST
Location Round Rock, TX
Tasks
Senior
Project
Manager
Senior
RPLS
RPLS
Senior
Technician
Technician
Survey
Crew
1-Person
Survey
Crew
2-Person
Survey Crew
3-Person
Abstractor
Clerical
Hours
Cost
$195.00
$180.00
$150.00
$130.00
$100.00
$135.00
$180.00
$185.00
$95.00
$65.00
0
$0.00
0
$0.00
0
$0.00
0
$0.00
South B1 EST - 0.42 acres
3
8
8
19
$3,02-0.00
SOUtheast EST - 0.77 acres
3
8
8
19
$3,020.00
Southeast GST - 0.73 acres
3
8
8
19
$3,020.00
0
$0.00
0
$0.00
0
$0.00
Total Hotirs
0
9
0
24
0
0
24
0
0
0
57
Total Cost
$0.00
$1,620.00
$0.00
$3,120.00
$0.00
$0.00
$4,320.00
$0.00
$0.00
$0.00
$9,060.00
Direct Costs
Rate
Quantity
Total
Mileage
$0.55
400
$218.00
$239.80
Hotel
$93.00
4
$372.00
$409.20
Total Cost
$0.00
Exhibit C
Date: 7/30/2021
$9,060.00
Cost w[Tax
$0.00
$0.00
$0.00
$0.00
$3,020.00
$3,020.00
$3,020.00
$0.00
$0.00
$0.00
$9,060.00
Project Total $9,060.00 $9,060.00
EXHIBIT
Certificates of Insurance
Attached Behind This Page
ACCDOR"� CERTIFICATE OF LIABILITY INSURANCE
NNNNWMNEE�
DATE(MM/ODlYVYY)
8/3/2021
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 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 endorsement(s).
PRODUCER
Risk Strateg ies
12801 NortF� Central Expy, Suite 1710
Dallas, TX 75243
CONTACT
Brian R Hadar
NnnaAA/C.e:t!%
PHONE (214)323-4602 FAX
Ext): No: 214 503-8899
E-MAIL
nooRess: certificatedallas.@risk-strategies.com
INSURER S AFFORDING COVERAGE
NAIC #
INSURER A: Twin City Fire Insurance Company
29459
INSURED
Guto & Associates, Inc.
INSURER B : Travelers Casualty and Surety Co America
31194
iNsuReac: Chubb National Insurance Company10052
13T.11 7Neutron Rd
INSURERD:
Dallas TX 75244
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: r11a_x;a74 REVISION NtIMRFRa
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,
PAID CLAIMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BPOLICY
INSR
LTR
TYPE OF INSURANCE
ADDL
SUER
POLICY NUMBER
EFFY
MM /DD/YYYY
POLICY EXP
MM/DD/YYYY
LIMITS
A
COMMERCIAL GENERAL LABILITY
CLAIMS -MADE ✓ OCCUR
84SBWBC3906
8/1/2021
8/1/2022
EACH OCCURRENCE
$1,000,000
DAMAGE TO RENTED
PREMISES Ea occurrence
$ 1 000 000
✓
MED EXP (Any one person)
$1ot000
Contractual Liab
PERSONAL & ADV INJURY
$ 1 OOO OOO
GEN'L
AGGREGATE LIMIT APPLIES PER:
POLICY � ECT LOC
GENERAL AGGREGATE
s2,000,000
PRODUCTS -COMP/OP AGG
$ 2t0009000
$
OTHER:
A
AUTOMOBILE LIABILITY
�
�
84SBWBC3906
8/11/2021
8/1/2022
SINGLE LIMIT
(Eaaccident)
$1,000,000
BODILY INJURY (Per persons
$
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY (Per accident)
$
HIRED NON -OWNED
✓ AUTOS ONLY ✓ AUTOS ONLY(Per
PROPERTY DAMAGE
accident
$
A
UMBRELLA LIAR
v/
OCCUR
84SBWBC3906
8/1/2021
8/1/2022
EACH OCCURRENCE
$5,000,000
AGGREGATE
$5,0009000
EXCESS LIAR
I CLAIMS -MADE
DED I I RETENTION $
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANYPROPRIETORJPARTNER/EXECUTtVE
OFFICER/MEMBER EXCLUDED? INN
/ A
71795593
4/5/2021
4/5/2022
V PER STATUTE ERH
E.L. EACH ACCIDENT
$ 1 OOOOaO
E.L. DISEASE - EA EMPLOYEE
$ _1 IOOQIQOQ
(Mandatory in NH)
If yes, describe under
E.L. DISEASE •POLICY LIMIT
$1,000,000
DESCRIPTION OF OPERATIONS below
B
Professional Liability
107204522
1/17/2021
1/17/2022
Per claim $1,000,000
.
Annual Aggregate $2,000,000
DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject
to a deductible. Thirty (30) day notice of cancellation in favor of certificate holder on all policies.
CERTIFICATE HOLDER CANCELLATION
Master Certificate
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WALL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTmwnwm� - ---ATIVE - — I
BrianHadar
ACORD 25 (2016/03)
O 198&2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
63185879 1 21122 �L/AL/UL/�/PL I Ronna Dans I 8/3/2021 11:40:38 Al(EDT) I Page 1 of 1
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
10fl
Complete Nos, 1 - 4 and 6 if there are interested parties,
OFFICE U77-71-Y
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
1 Name of business entity filing form, and the city, state and country of the business entity's place
Certificate Number:
of business.
2021-807670
Gupta & Associates Inc.
Dallas, 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
09/29/2021
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.
000000
Engineering Services -'water Distribution Systerri Generator Addition
4 Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Gupta, Verinder
Dallas, TX United States
X
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
My narne is \j 6 r-IJU D G"X r rA- and aiy date
of birth is
My address is 17 NfurIA-V4 P� IDALLA-A ,Tk,
-IT2qil, USA
(street) (city)
(state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in 'DA LL k1r,. County, State of ------ on the day of SET I_, 20_
(month) (yea- r)
Signature of authodZe,�q-6�htof contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5c(lc
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loft
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.
2021-807670
Gupta & Associates Inc.
Dallas, TX United States
Date Filed:
09/29/2021
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:
10/04/2021
g
Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
000000
Engineering Services - Water Distribution System Generator Addition
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Gupta, Verinder
Dallas, 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 I ,
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of , on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www,ethics.state,txus Version V1.1.19lb5cdc