10-014 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 10-014
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN
ENGINEERING DESIGN SERVICES AGREEMENT FOR THE WILSON
CREEK TRIBUTARY WASTEWATER INTERCEPTOR, BETWEEN
WALKER PARTNERS,LLC,AND THE TOWN OF PROSPER.
NOW, THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper,Texas, is hereby authorized to
execute, on behalf of the Town Council of the Town of Prosper, Texas, an Engineering Design
Services Agreement for the Wilson Creek Tributary Wastewater Interceptor, between Walker
Partners,LLC, and the Town of Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 9th of February, 2010.
Ray Sreit ,Mayor Pr
ATTEST TO:
60,
attliew D. Denton,TRMC
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Town Secretary
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AGREEMENT
BETWEEN
THE TOWN OF PROSPER, TEXAS (TOWN)
AND
WALKER PARTNERS, LLC (CONSULTANT)
FOR
WILSON CREEK TRIBUTARY WASTEWATER INTERCEPTOR
ENGINEERING DESIGN SERVICES
AGREEMENT
made as of the day of Oq-*�--kkyl the Year Two Thousand and Ten:
BETWEEN the Town: The Town of Prosper, Texas
P.O. Box 307
113 W Broadway
Prosper, Texas 75078
telephone 972-346-2640
facsimile 972-347-2111
and the Consultant: Walker Partners, LLC
600 Austin Avenue, Suite 20
Waco, Texas 76701
telephone 254-714-1402
facsimile 254-714-0402
for the following Project:
Wilson Creek Tributary Wastewater Interceptor
The Town and the Consultant agree as set forth below.
THIS AGREEMENT is made and entered by and between the Town of Prosper,
Texas, hereinafter referred to as "Town", and Walker Partners, LLC
(CONSULTANT), hereinafter referred to as "Consultant", to be effective from and
after the date as provided herein the "Agreement".
Design Services Agreement Page 1 of 15
WHEREAS, the Town desires to engage the services of the Consultant to
prepare Wilson Creep Tribute Wastewater Interce for in the Town, hereinafter
referred to as the "Project"; and
WHEREAS, the Consultant desires to render such civil engineering and
survevinq services for the Town upon the terms and conditions provided herein.
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That for and in consideration of the covenants contained herein, and for the
mutual benefits to be obtained hereby, the parities hereto agree as follows:
ARTICLE 1
CONSULTANT'S SERVICES
1.1 Emplovment of the Consultant - The Town hereby agrees to retain the
Consultant to perform professional services in connection with the Project.
Consultant agrees to perform such services in accordance with the terms
and conditions of this Agreement.
1.2 Scope of Services - The parties agree that Consultant shall perform such
services as are set forth and described in Exhibit "A", which is attached
hereto and incorporated herein by reference for all purposes. The parties
understand and agree that deviations or modifications to the scope of
services described in Exhibit "A", in the form of written change orders, may
be authorized from time to time by the Town.
1.3 Schedule of Work - The Consultant agrees to commence work
immediately upon execution of this Agreement, and to proceed diligently
with said work to completion as described in the Completion
Schedule/Project Billing/Project Budget attached hereto as Exhibit "B" and
incorporated herein by reference for all purposes.
ARTICLE 2
THE TOWN'S RESPONSIBILITIES
2.1 Proiect Data - The Town shall furnish required information, that it
currently has in its possession, as expeditiously as necessary for the
orderly progress of the work, and the Consultant shall be entitled to rely
upon the accuracy and completeness thereof.
2.2 Town Project Manager - The Town shall designate, when necessary, a
representative authorized to act on the Town's behalf with respect to the
Project (the "Project Manager"). The Town or such authorized
representative shall examine the documents submitted by the Consultant
and shall render any required decisions pertaining thereto as soon as
practical so as to avoid unreasonable delay in the progress of the
Consultant's services.
Design Services Agreement Page 2 of 15
ARTICLE 3
CONSULTANT'S COMPENSATION
3.1 Compensation for Consultant's Services - As described in "Article 1,
Consultant's Services", compensation for this project shall be on a time
and expense basis not to exceed One Hundred Fifty-Six Thousand Dollars
and zero cents ($156,000.00), ("Consultant's Fee") and shall be paid in
accordance with Article 3 and the Completion Schedule/Project
Billing/Project Budget as set forth in Exhibit "B". The final 5% of the
Consultant's Fee, or $7,800.00, shall not be paid until the Consultant has
delivered the final product as specified in the Project Deliverables section
of the Scope of Services attached hereto as Exhibit "A".
3.4 Invoices — No payment to the Consultant shall be made until Consultant
tenders an invoice to the Town. Payments are payable to the Consultant
within thirty (30) days from the date of invoice as long as the invoice is
mailed to Town within three (3) days of the date of the invoice. Invoices
are to be mailed to Town immediately upon completion of each individual
task listed in Exhibit "B". If any invoice remains outstanding and unpaid for
more than sixty (60) days from the date of invoice, and Consultant has
fully performed its obligations as set forth herein, the Consultant has the
option upon written notice to the Town, to suspend all work specified
under this Agreement until the account is brought current. Continued
performance and/or completion of work by the Consultant under this
Agreement shall resume upon the payment of the earned fees by the
Town.
3.5 Failure to Eay - Failure of the Town to pay an invoice, for a reason other
than cause, to the Consultant within sixty (60) days from the date of the
invoice shall grant the Consultant the right, in addition to any and all other
rights provided, to, upon written notice to the Town, refuse to render
further services to the Town and such act or acts shall not be deemed a
breach of this Agreement. The Town shall not be required to pay any
invoice submitted by the Consultant if the Consultant breached any
provision(s) herein.
3.6 Adiusted Compensation - If the Scope of the Project or if the
Consultant's services are materially changed, the amounts of the
Consultant's compensation shall be equitably adjusted as approved by
Town. Any additional amounts paid to the Consultant as a result of any
material change to the Scope of the Project shall be agreed upon in
writing by both parties before the services are performed.
3.7 Prosect Suspension - If the Project is suspended or abandoned in whole
or in part for more than three (3) months, Consultant shall be entitled to
compensation for any and all work completed to the satisfaction of Town
in accordance with the provisions of this Agreement prior to suspension or
abandonment. In the event of such suspension or abandonment,
Design Services Agreement Page 3 of 15
Consultant shall deliver to Town all finished or unfinished documents,
data, studies, surveys, drawings, maps, models, reports, photographs
and/or any other items prepared by Consultant in connection with this
Agreement prior to Consultant receiving.final payment. If the Project is
resumed after being suspended for more than three (3) months, the
Consultant's compensation shall be equitably adjusted as approved by the
Town. Any additional amounts paid to the Consultant after the Project is
resumed shall be agreed upon in writing by both parties before the
services are performed.
ARTICLE 4
ARTICLE 5
CONSULTANT'S ACCOUNTING RECORDS
ARTICLE 6
AUDITS AND RECORDS/PROHIBITED INTEREST
The Consultant agrees that 'at any time during normal business hours and as
often as Town may deem necessary, Consultant shall make available to
representatives of the Town for examination all of its records with respect to all
matters covered by this Agreement, and will permit such representatives of the
Town to audit, examine, copy and make excerpts or transcripts from such
records, and to make audits of all contracts, invoices, materials, payrolls, records
of personnel, conditions of employment and other data relating to all matters
covered by this Agreement, all for a period of one (1) year from the date of final
settlement of this Agreement or for such other or longer period, if any, as may be
required by applicable statute or other lawful requirement.
The Consultant agrees that it is aware of the prohibited interest requirement of
the Town Charter, which is repeated on the.Affidavit, and will abide by the same.
Further, a lawful representative of Consultant shall execute the Affidavit attached
hereto and incorporated herein by reference for all purposes. Consultant
understands and agrees that the existence of a prohibited interest during the
term of this Agreement will render the Agreement voidable.
ARTICLE 7
TERMINATION OF AGREEMENT/REMEDIES
Town may, on thirty (30) days written notice to Consultant, terminate this
Agreement, for any reason, before the termination date hereof, and without
prejudice to any other remedy it may have. If Town terminates this Agreement
due to a default of and/or breach by Consultant and the expense of finishing the
Project exceeds the Consultant's Fee at the time of termination, Consultant
waives its right to any portion of Consultant's Fee as set forth in Article 3 herein
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and agrees to pay any costs over and above the fee which Town is required to
pay in order to finish the Project. On any default and/or breach by Consultant,
Town may elect not to terminate the Agreement, and in such event it may make
good the deficiency in which the default consists, and deduct the costs from the
Consultant's Fee due Consultant as set forth in Article 3 herein. If Town
terminates this Agreement and Consultant is not in default of the Agreement,
Consultant shall be entitled to compensation for any and all work completed to
the satisfaction of Town in'accordance with the provisions of this Agreement prior
to termination.
In the event of any termination, Consultant shall deliver to Town all finished
and/or unfinished documents, data, studies, surveys, drawings, maps, models,
reports, photographs and/or any other items prepared by Consultant in
connection with this Agreement prior to Consultant receiving final payment.
The rights and remedies provided by this Agreement are cumulative, and the use
of any one right or remedy by either party shall not preclude or waive its rights to
use any or all other remedies. These rights and remedies are given in addition to
any other rights the parties may have by law, statute, ordinance or otherwise.
ARTICLE 8
DISPUTE RESOLUTION/MEDIATION
In addition to all remedies at law, the parties may resolve/mediate any
controversy, claim or dispute arising out of or relating to the interpretation or
performance of this Agreement, or breach thereof, by voluntary mediation to be
conducted by a mutually acceptable mediator.
ARTICLE 9
INDEMNITY
Consultant shall release, defend, indemnify and hold harmless Town and its
Town Council members, officers, agents, representatives and employees from
and against all damages, injuries (including death), claims, property damages
(including loss of use), losses, demands, suits, judgments and costs, including
reasonable attorney's fees and expenses, in any way arising out of, related to, or
resulting from the performance of the work caused by the negligent act and/or
wrongful intentional act and/or omission of Consultant, its officers, agents,
representatives, employees, subConsultants, licensees, invitees or any other
third parties from whom Consultant is legally responsible (hereinafter "Claims").
Consultant is expressly required to defend Town against all such Claims.
In its sole discretion, Town shall have the right to select or to approve defense
counsel to be retained by Consultant in fulfilling its obligation hereunder to
defend and indemnify Town, unless i) such right is expressly waived by Town in
writing or (ii) the insurance policy which provides coverage to Consultant for such
claim reserves the right to select counsel to the insurance company. Town
reserves the right to provide a portion or all of its own defense; however, Town is
Design Services Agreement Page 5 of 15
under no obligation to do so. Any such action by Town is not to be construed as
a waiver of Consultant's obligation to defend Town or as a waiver of Consultant's
obligation to indemnify Town pursuant to this Agreement. Consultant shall retain
Town approved defense counsel within seven (7) business days of Town's
written notice that Town is invoking its right to indemnification under this
Agreement. If Consultant fails to retain counsel within such time period, Town
shall have the right to retain defense counsel on its own behalf, and Consultant
shall be liable for all costs incurred by Town.
ARTICLE 10
NOTICES
Consultant agrees that all notices or communications to Town permitted or
required under this Agreement shall be delivered to Town at the following
addresses:
Town Manager
Town of Prosper
P.O. Box 307
Prosper, Texas 75034
Town agrees that all notices or communication to Consultant permitted or
required under this Agreement shall be delivered to Consultant at the following
address:
George E. "Jed"Walker, Jr., P. E.
Walker Partners, LLC
600 Austin Avenue, Suite 20
Waco, Texas 76701
Any notice provided for under the terms of this Agreement by either party to the
other shall be in writing and may be effected by registered or certified mail, return
receipt requested.
All notices or communication required to be given in writing by one party or the
other shall be considered as having been given to the addressee on the date
such notice or communication is postmarked by the sending party. Each party
may change the address to which notice may be sent to that party by giving
notice of such change to the other party in accordance with the provisions of this
Agreement.
ARTICLE 11
MISCELLANEOUS
11.1 Complete Agee ent - This Agreement, including the exhibits hereto
labeled "A" through "C", all of which are incorporated herein for all
purposes, constitute the entire agreement by and between the parties
regarding the subject matter hereof and supersedes all prior and/or
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contemporaneous written and/or oral understandings. This Agreement
may not be amended, supplemented, and/or modified except by written
agreement duly executed by both parties.
11.2 Assignment ,and Subletting - The Consultant agrees that neither this
Agreement nor the work to be performed hereunder will be assigned or
sublet without the prior written consent of the Town. The Consultant
further agrees that the assignment or subletting of any portion or feature of
the work or materials required in the performance of this Agreement shall
not relieve the Consultant of its full obligations to the Town as provided by
this Agreement. All such approved work performed by assignment or
subletting shall be billed through Consultant, and there shall be no third
party billing.
11.3 Successors and Assigns, - Town and Consultant, and their partners,
assigns, successors, subConsultants, executors, officers, agents,
employees, representatives, and administrators are hereby bound to the
terms and conditions of this Agreement.
11.4 Severability - In the event a term, condition, or provision of this
Agreement is determined to be invalid, illegal, void, unenforceable, or
unlawful by a court of competent jurisdiction, then that term, condition, or
provision, shall be deleted and the remainder of the Agreement shall
remain in full force and effect as if such invalid, illegal, void, unenforceable
or unlawful provision had never been contained herein.
11.5 Venue - This entire Agreement is performable in Collin County, Texas and
the venue for any action related directly or indirectly, to this Agreement or
in any manner connected therewith shall be Collin County, Texas, and this
Agreement shall be construed under the laws of the State of Texas.
11.6 Execution/Consideration - This Agreement is executed by the parties
hereto without coercion or duress for any substantial consideration, the
sufficiency of which is forever confessed.
11.7 Authority_ - The individuals executing this Agreement on behalf of the
respective parties below represent to each other that all appropriate and
necessary action has been taken to authorize the individual who is
executing this Agreement to do so for and on behalf of the party for which
his or her signature appears, that there are no other parties or entities
required to execute this Agreement in order for the same to be an
authorized and binding agreement on the party for whom the individual is
signing this Agreement and that each individual affixing his or her
signature hereto is authorized to do so, and such authorization is valid and
effective on the date thereof.
11.8 Waiver - Waiver by either party of any breach of this Agreement, or the
failure of either party to enforce any of the provisions of this Agreement, at
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any time, shall not in any way affect, limit or waive such party's right
thereafter to enforce and compel strict compliance.
11.9 Headings - The headings of the various sections of this Agreement are
included solely for convenience of reference and are not to be full or
accurate descriptions of the content thereof.
11.10 'Multiple Counterparts - This Agreement may be executed in a number of
identical counterparts, each of which shall be deemed an original for all
purposes.
11.11 Sovereign Immunit —The parties agree that the Town has not waived its
sovereign immunity by entering into and performing its obligations under
this Agreement.
11.12 Re resentatives — Each signatory represents this Agreement has been
read by the party for which this Agreement is executed and that such party
has had the opportunity to confer with its counsel.
11.13 Miscellaneous Drafting Provisions — This Agreement shall be deemed
drafted equally by all parties hereto. The language of all parts of this
Agreement shall be construed as a whole according to its fair meaning,
and any presumption or principle that the language herein is to be
construed against any party shall not apply.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused
this Agreement to be effective on the latest day as reflected by the
signatures below.
Effective Date: E��`�'t'`�
TOWN CONSULTANT
The Town of Peer, as WALKER PARTNERS, LLC
B By: .
Name
Title: Town Manager Title: President
Design Services Agreement Page 8 of 15
STATE OF TEXAS:
COUNTY OF McLENNAN:
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND
FOR THIS STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED
C�el)rcle I' e-v A KNOWN TO ME TO BE THE PERSON
WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND
ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE
PURPOSE AND CONSIDERATION EXPRESSED, AND IN THE CAPATOWN
THEREIN STATED.
G ,EN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
"1 t u , 2010.
10 ARY UBLIC JIN AND FOR THE STATE OF TEXAS
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STATE OF TEXAS:
COUNTY OF COLLIN:
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND
FOR THIS STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED
10111C CF Z-AA-16 (Name), KNOWN TO ME TO BE THE
PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING
INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE
SAME FOR THE PURPOSE AND CONSIDERATION EXPRESSED, AND IN
THE CAPATOWN THEREIN STATED.
GIVEN UNDER MY 1-I AND SEAL OF OFFICE THIS � � DAY OF
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NOTARY P B IN AND FOR THE STATE OF TEXAS
,W 00tary tiab-c,
State of lbw$
Design Services Agreement Page 9 of 15
EXHIBIT "A"
SCOPE OF SERVICES
Agreement between the Town of Prosper, Texas (Town)
And Walker Partners, LLC (Consultant)
PROJECT DESCRIPTION
I. Survey Phase
A. Perform a topographic survey of the final alignment for engineering design.
B. Engineer will meet and coordinate the survey effort with the Town of Prosper.
ll. Final Design Phase
A. Establish the scope of any soil investigations which, in the opinion of the Engineer, may
be required for design; assist the Town in arranging for such work to be done, for the
Town's account.
B. Furnish to the Town, where required by the circumstances of the assignment, the
engineering data necessary for applications for routine permits by local and state
authorities.
C. Prepare detailed specifications and contract drawings (Contract Documents) for
construction authorized by the Town.
D. Prepare detailed cost estimates of the authorized construction. The Engineer shall not
be required to guarantee the accuracy of these estimates.
E. Furnish the Town ten copies of the approved Contract Documents including notices to
bidders and proposal forms.
F. Engineer will meet and coordinate with the Town of Prosper as necessary to finalize the
Design Phase.
III. Construction Phase
A. Assist the Town in the opening and tabulation of bids for construction of the Project, and
consult with the Town as to the proper action to be taken, based on the engineering
considerations involved.
B. Assist in the preparation of formal Contract Documents.
C. Make two visits to the site (as distinguished from the continuous services of a Resident
Project Representative) to observe the progress and quality of the executed work and to
determine in general if the work is proceeding in accordance with the Contract
Documents.
In performing these services, the Engineer will endeavor to protect the Town against
defects and deficiencies in the work of the contractor, but he cannot guarantee the
performance of the contractor, nor be responsible for the actual supervision of
construction operations or for the safety measures that the contractor takes or should
take.
D. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests
of material and equipment and other data which the contractor submits. This review is for
the benefit of the Town and covers only general conformance with the information given
by the Contract Documents. The contractor is to review and stamp his approval on
submittals prior to submitting to Engineer, and review by the Engineer does not relieve
the contractor of any responsibility such as dimensions to be confirmed and correlated at
the job site, appropriate safety measures to protect workers and the public, or the
Design Services Agreement Page 10 of 15
necessity to construct a complete and workable facility in accordance with Contract
Documents.
E. Conduct, in company with the Town, a final inspection of the Project for compliance with
the Contract Documents, and submit recommendations concerning project status, as it
may affect Town's final payment to the contractors.
F. Engineer will meet and coordinate with the Town of Prosper as necessary to "close-out"
the project.
G. Prepare Record Drawings based upon the input received from Prosper's Public Works
inspectors.
FEE SCHEDULE
Walker Partners proposes to provide the specific services described above on a lump sum fee
basis as follows:
Walker Walker
Basic Services for"Base Bid" Fee Basis Fee Phase
I. Topographic Survey Lump Sum $ 19,300 12
II. Final Design Phase Services Lump Sum $ 87,000 40
III. Construction Phase Services Lump Sum $ 2,300 60
Total Basic Services for"Base Bid" $108,600
Basic Services for Alternate No. 1
I. Topographic Survey Lump Sum $ 4,900 12
II. Design Phase Services Lump Sum 10,000 40
Total Basic Services for Alternate No. 1 $ 14,900
Please note that the above fees are based on a smooth project implementation and have
assumed no major changes to the Town of Prosper's approved plan. Work provided outside the
above scope of services, and pre-approved by the Town of Prosper, will be billed as an additional
service at our standard hourly rates as outlined below:
FEE RATE SCHEDULE
Managing Principal $210/hour
Billing Class 11 Sr. Project Manager $160/hour
Billing Class 10 Project Manager $125/hour
Billing Class 9 Professional VI $100/hour
Billing Class 8 Professional V $80/hour
Billing Class 7 Professional IV $70/hour
Billing Class 6 Professional III $65/hour
Billing Class 5 Professional II $60/hour
Billing Class 4 Technician IV $80/hour
Billing Class 3 Technician III $65/hour
Billing Class 2 Technician II $45/hour
Billing Class 1 Technician I $35/hour
Support Staff $30/hour
1-Man Crew $90/hour
2-Man Crew $110/hour
3-Man Crew $145/hour
Design Services Agreement Page 11 of 15
SPECIAL SERVICES
In addition to the above-outlined engineering design and surveying services, we propose to
prepare plats and field note descriptions for the ten permanent and ten temporary construction
easements that will be required for the project. For each easement, we will conduct the property
ownership and deed research, perform all necessary boundary computations, prepare the plats
and field notes, and set iron rods at the easement corners. The estimated fee for the easement
preparation is outlined below:
i. Permanent Easement Preparation: 10 easements at$3,000/each = $30,000
ii. Temporary Easement Preparation: 10 easements at$250/each = 2,500
Total Fee = $32,500
ASSUMPTIONS
In preparing this proposal, we have made the following assumptions;
A. Site
Engineer will not be required to acquire the off-site easements necessary for the
completion of this project. All easement acquisition activities are assumed to be
performed by the Town of Prosper.
B. Miscellaneous
• This project will not encounter significant opposition from County or State review
agencies, neighborhood groups, environmental groups, etc.
C. Subconsultants
The following services are excluded from this proposal:
• Geotechnical engineering, soil borings or analysis.
• Environmental site assessments, NPDES storm water permitting, wetlands, and
endangered species investigations.
Design Services Agreement Page 12 of 15
EXHIBIT B
COMPLETION SCHEDULE/PROJECT BILLING/PROJECT BUDGET
Agreement between the Town of Prosper, Texas (Town)
and Walker Partners, LLC. (Consultant)
For the Wilson Creek Tributary Wastewater Interceptor
MONTH $ AMOUNT TASK COMPLETED
1 -2 $ 24,200
3- 6 $129,500 �.._._._.
TOTAL $156,000
Design Services Agreement Page 13 of 15
EXHIBIT C
AFFIDAVIT
THE STATE OF TEXAS §
COUNTIES OF McLENNAN §
I, a member of the Consultant team make this affidavit
and hereby on oath state the following: I, and/or a person or persons related to
me, have a substantial interest in a business entity that would be peculiarly
affected by my work or decision on the project as those terms are defined in
Article 988b, V.T.C.S.
The business entity is:
have/has) a substantial interest in this business entity for the following reasons:
(Check all which are applicable)
Ownership of 10% or more of the voting shares of the business entity.
Ownership of $2,500 or more of the fair market value of the business
entity.
Funds received from the business entity exceed 10% of income for the
previous year.
Real property is involved and have an equitable or legal ownership with a
fair market value of at least $2,500.
A relative of mine has substantial interest in the business entity or property
that would be affected by my decision of the public body of which I am a
member.
Other:
Upon the filing of this affidavit with the Town of Prosper, Texas, I affirm that I will
abstain from acting on any decision involving this business entity and from any
further participation on this matter whatsoever.
Signed this day of , 2010..
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Signature of Official/Title
BEFORE ME, the undersigned authority, this day personally appeared
and on oath stated that the facts
hereinabove stated are true to the best of his/her knowledge or belief.
Sworn to and subscribed before me on this day of
w20110
Notary Public in and for the State of Texas
My commission expires:
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