CM-2022-059 - 3/11/2022CITY OF ROUND ROCK AGREEMENT FOR
MEP ENGINEERING DESIGN SERVICES
RELATED TO THE
OLD SETTLERS PARK EAST SIDE ELECTRICAL IMPROVEMENT PROJECT 2022
WITH
BACORN BROS LLC
THE STATE OF TEXAS §
THE CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
KNOW ALL BY THESE PRESENTS
THIS AGREEMENT for professional services, specifically MEP (mechanical, electrical
and plumbing) engineering design services, for the Old Settlers Park East Side Electrical
Improvement Project 2022 (the "Agreement'), is made by and between the CITY OF ROUND
ROCK, a Texas home -rule municipal corporation with offices located at 221 East Main Street,
Round Rock, Texas 78664-5299 (the "City"), and BACORN BROS, LLC, located at P.O. Box
341621, Lakeway, TX 78734 (the "Consultant").
RECITALS:
WHEREAS, the Old Settlers Park East Side Electrical Improvement Project 2022
("Project") requires professional design services; and
WHEREAS, City desires to contract for Consultant's professional services generally
described as design services for the Project; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder.
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.0 EFFECTIVE DATE, DURATION, AND TERM
This Agreement shall be effective on the date this Agreement has been signed by each
party hereto and shall remain in full force and effect unless and until it expires by operation of
the term indicated herein or is terminated or extended as provided herein.
4874-4494-.37i 6:ss2
The term of this Agreement shall be until full and satisfactory completion of the work
specified herein is achieved within a schedule approved by the City.
City reserves the right to review the Agreement at any time and may elect to terminate
the Agreement with or without cause or may elect to continue.
2.0 SCOPE OF SERVICES
Consultant shall satisfactorily provide all services described herein and as set forth in
Exhibit "A," attached hereto and incorporated herein by reference for all purposes, in accordance
with a schedule to be approved by the City.
Consultant shall perform services in accordance with this Agreement, in accordance with
the appended Scope of Service and in accordance with due care and prevailing consulting
industry standards for comparable services.
3.0 LIMITATION TO SCOPE OF SERVICES
Consultant's undertaking shall be limited to performing services for City andror advising
City concerning those matters on which Consultant has been specifically engaged. Consultant
and City agree that the Scope of Services to be performed is enumerated in Exhibit "A" and
herein and may not be changed without the express written agreement of the parties as set forth
in Section 10.0.
4.0 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by Consultant,
City agrees to pay Consultant an amount not -to -exceed Ten Thousand Five Hundred and
No/100 Dollars ($10,500.00), in accordance with the payment schedule set forth in Exhibit "A."
5.0 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to
the City, in accordance with the delineation contained herein, for services rendered. Such
invoices for professional services shall track the referenced Scope of Work, and shall detail the
services performed, along with documentation for each service performed. Payment to
Consultant shall be made on the basis of the invoices submitted by Consultant and approved by
the City. Such invoices shall conform to the schedule of services and costs in connection
therewith.
Should additional backup material be requested by the City relative to service
deliverables, Consultant shall comply promptly. In this regard, should the City determine it
necessary, Consultant shall make all records and books relating to this Agreement available to
the City for inspection and auditing purposes.
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Payment of Invoices: The City reserves the right to correct any error that may be
discovered in any invoice that may have been paid to Consultant and to adjust same to meet the
requirements of this Agreement. Following approval of an invoice, the City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described in Section 7.0 herein. Under no circumstances shall Consultant be entitled to
receive interest on payments which are late because of a good faith dispute between Consultant
and the City or because of amounts which the City has a right to withhold under this Agreement
or state law. The City shall be responsible for any sales, gross receipts or similar taxes
applicable to the services, but not for taxes based upon Consultant's net income.
6.0 INSURANCE
Consultant shall meet all City of Round Rock Insurance Requirements set forth at:
httn:h www.roundrocktexas_goviWo-content,u# Ioads'2014' ] 2rcorr insurance _07.201 12.pdf.
7.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by the City to Consultant will be made within thirty (30) days of the date the City receives
goods under this Agreement, the date the performance of the services under this Agreement are
completed, or the date the City receives a correct invoice for the goods or services, whichever is
later. Consultant may charge interest on an overdue payment at the "rate in effect" on September
1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by the City in the event:
(a) There is a bona fide dispute between the City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or
(b) There is a bona fide dispute between Consultant and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the
service performed that causes the payment to be late; or
(c) The terms of a federal contract, grant, regulation, or statute prevent the City
from making a timely payment with federal funds; or
(d) The invoice is not mailed to the City in strict accordance with any instruction
on the purchase order relating to the payment.
8.0 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of the City's current revenues only. it is understood and
agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
services as determined by the City's budget for the fiscal year in question. The City may affect
such termination by giving Consultant a written notice of termination at the end of its then -
current fiscal year.
9.0 TIMETABLES
Unless otherwise indicated to Consultant in writing by City, or unless Consultant is
unreasonably delayed in the orderly progress of its work by forces beyond Consultant's control,
the timetable structure and deliverable due dates shall be in reasonable conformity to
Consultant's schedule tendered to City.
10.0 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by City Council or by the City Manager, if the City determines that there
has been a significant change in (1) the scope, complexity, or character of the services to be
performed; or (2) the duration of the work. Any such Supplemental Agreement must be
executed by both parties within the period specified as the term of this Agreement. Consultant
shall not perform any work or incur any additional costs prior to the execution. by both parties,
of such Supplemental Agreement. Consultant shall make no claim for extra work done or
materials furnished unless and until there is full execution of any Supplemental Agreement, and
the City shall not be responsible for actions by Consultant nor for any costs incurred by
Consultant relating to additional work not directly authorized by Supplemental Agreement.
11.0 TERMINATION; DEFAULT
Termination: It is agreed and understood by Consultant that the City may terminate this
Agreement for the convenience of the City, upon thirty (30) days' written notice to Consultant,
with the understanding that immediately upon receipt of said notice all work being performed
under this Agreement shall cease. Consultant shall invoice the City for work satisfactorily
completed and shall be compensated in accordance with the terms hereof for work accomplished
prior to the receipt of said notice of termination. Consultant shall not be entitled to any lost or
anticipated profits for work terminated under this Agreement. Unless otherwise specified in this
Agreement, all data, information, and work product related to this project shall become the
property of the City upon termination of this Agreement and shall be promptly delivered to the
City in a reasonably organized form without restriction on future use. Should the City
subsequently contract with a new consultant for continuation of service on the project,
Consultant shall cooperate in providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of the
City and the terminated party to fulfill contractual obligations. Termination under this section
shall not relieve the terminated party of any obligations or liabilities which occurred prior to
termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory or which is not performed in compliance with the terms of this Agreement.
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Default: Either party may terminate this Agreement, in whole or in part, for default if
the Party provides the other Party with written notice of such default and the other fails to
satisfactorily cure such default within ten (10) business days of receipt of such notice (or a
greater time if agreed upon between the Parties).
If default results in termination of this Agreement, then the City shall give consideration
to the actual costs incurred by Consultant in performing the work to the date of default. The cost
of the work that is useable to the City, the cost to the City of employing another firm to complete
the useable work, and other factors will affect the value to the City of the work performed at the
time of default. Neither party shall be entitled to any lost or anticipated pro0ts for work
terminated for default hereunder.
The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of the terminating Party and the terminated Party to fulfill contractual obligations.
Termination under this section shall not relieve the terminated party of any obligations or
liabilities which occurred prior to termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement.
12.0 NON -SOLICITATION
Except as may be otherwise agreed in writing, during the term of this Agreement and for
twelve (12) months thereafter, neither the City nor Consultant shall offer employment to or shall
employ any person employed then or within the preceding twelve (12) months by the other or
any affiliate of the other if such person was involved, directly or indirectly, in the performance of
this Agreement. This provision shall not prohibit the hiring of any person who was solicited
solely through a newspaper advertisement or other general solicitation.
13.0 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor and is not the City's employee. Consultant's
employees or subcontractors are not the City's employees. This Agreement does not create a
partnership, employer -employee, or joint venture relationship. No party has authority to enter
into contracts as agent for the other party. Consultant and the City agree to the following rights
consistent with an independent contractor relationship:
(1) Consultant has the right to perform services for others during the term hereof.
(2) Consultant has the sole right to control and direct the means, manner and method
by which it performs its services required by this Agreement.
(3) Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement.
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(4) Consultant or its employees or subcontractors shall perform services required
hereunder, and the City shall not hire, supervise, or pay assistants to help
Consultant.
(5) Neither Consultant nor its employees or subcontractors shall receive training from
the City in skills necessary to perform services required by this Agreement.
(6) City shall not require Consultant or its employees or subcontractors to devote full
time to performing the services required by this Agreement.
(7) Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay. or other fringe benefit
plan of the City.
14.0 CONFIDENTIALITY; MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by the City for use by Consultant
in connection with services to be performed under this Agreement, and any and all data and
information gathered by Consultant, shall be held in confidence by Consultant as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any
proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that the City is subject to the Texas Public
Information Act and its duties run in accordance therewith.
All data relating specifically to the City's business and any other information which
reasonably should be understood to be confidential to City is confidential information of City.
Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries,
inventions, know-how, and any other information which reasonably should be understood to be
confidential to Consultant is confidential information of Consultant. The City's confidential
information and Consultant's confidential information is collectively referred to as "Confidential
Information." Each party shall use Confidential Information of the other party only in
furtherance of the purposes of this Agreement and shall not disclose such Confidential
Information to any third party without the other party's prior written consent, which consent
shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the
confidentiality of the other parry's Confidential Information and to advise their employees of the
confidential nature of the Confidential Information and of the prohibitions herein.
Notwithstanding anything to the contrary contained herein, neither party shall be
obligated to treat as confidential any information disclosed by the other party (the "Disclosing
Party") which: (I) is rightfully known to the recipient prior to its disclosure by the Disclosing
Party; (2) is released by the Disclosing Party to any other person or entity (including
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governmental agencies) without restriction; (3) is independently developed by the recipient
without any reliance on Confidential Information; or (4) is or later becomes publicly available
without violation of this Agreement or may be lawfully obtained by a party from any non-party.
Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information
of the other to a third party as may be required by law, statute, rule or regulation, including
subpoena or other similar form of process, provided that (without breaching any legal or
regulatory requirement) the party to whom the request is made provides the other with prompt
written notice and allows the other party to seek a restraining order or other appropriate relief.
Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall
preclude or limit Consultant from providing similar services for other clients.
Notwithstanding the foregoing, either party will be entitled to disclose Confidential
Information of the other to a third party as may be required by law, statute, rule or regulation,
including subpoena or other similar form of process, provided that (without breaching any legal
or regulatory requirement) the party to whom the request is made provides the other with prompt
written notice and allows the other party to seek a restraining order or other appropriate relief.
Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall
preclude or limit Consultant from providing similar services for other clients.
Neither the City nor Consultant will be liable to the other for inadvertent or accidental
disclosure of Confidential Information if the disclosure occurs notwithstanding the parry's
exercise of the same level of protection and care that such party customarily uses in safeguarding
its own proprietary and confidential information.
Notwithstanding anything to the contrary in this Agreement, the City will own as its sole
property all written materials created, developed, gathered, or originally prepared expressly for
the City and delivered to the City under the terms of this Agreement (the "Deliverables"); and
Consultant shall own any general skills, know-how, expertise, ideas, concepts, methods,
techniques, processes, software, or other similar information which may have been discovered,
created, developed or derived by Consultant either prior to or as a result of its provision of
services under this Agreement (other than Deliverables). Consultant's working papers and
Consultant's Confidential information (as described herein) shall belong exclusively to the
Consultant. City shall have a non-exclusive, non -transferable license to use Consultant's
Confidential Information for City's own internal use and only for the purposes for which they are
delivered to the extent that they form part of the Deliverables.
15.0 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or industry standards and shall be performed in a
professional and workmanlike manner. Consultant shall re -perform any work not in compliance
with this representation.
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16.0 LIMITATION OF LIABILITY
Should any of Consultant's services not conform to the requirements of the City or of this
Agreement, then and in that event the City shall give written notification to Consultant;
thereafter, (a) Consultant shall either promptly re -perform such services to the City's satisfaction
at no additional charge, or (b) if such deficient services cannot be cured within the cure period
set forth herein, then this Agreement may be terminated for default.
In no event will Consultant be liable for any loss, damage, cost or expense attributable to
negligence, willful misconduct or misrepresentations by the City, its directors, employees or
agents.
17.0 INDEMNIFICATION
Consultant shall save and hold harmless City and its officers and employees from all
claims and liabilities due to activities of his/her itself and his/her/its agents or employees,
performed under this Agreement, which are caused by or which result from the negligent error,
omission, or negligent act of Consultant or of any person employed by Consultant or under
Consultant's direction or control.
Consultant shall also save and hold City harmless from any and all expenses, including
but not limited to reasonable attorneys' fees which may be incurred by City in litigation or
otherwise defending claims or liabilities which may be imposed on City as a result of such
negligent activities by Consultant, its agents, or employees.
18.0 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party may
assign any rights or delegate any duties under this Agreement without the other party's prior
written approval, which approval shall not be unreasonably withheld.
19.0 LOCAL, STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. The City will not do the following:
(1) Withhold FICA from Consultant's payments or make FICA payments on its
behalf,
(2) Make state and;'or federal unemployment compensation contributions on
Consultant's behalf; or
(3) Withhold state or federal income tax from any of Consultant's payments.
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If requested, the City shall provide Consultant with a certificate from the Texas State
Comptroller indicating that the City is a non-profit corporation and not subject to State of Texas
Sales and Use Tax.
20.0 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Consultant, its consultants, agents, employees and subcontractors shall use best
efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the
City of Round Rock, as amended, and with all applicable rules and regulations promulgated by
local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits,
licenses, trademarks, or copyrights required in the performance of the services contracted for
herein, and same shall belong solely to the City at the expiration of the term of this Agreement.
B. In accordance with Chapter 2271, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods or services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of the contract. The signatory executing this Agreement on behalf of
Consultant verifies Consultant does not boycott Israel and will not boycott Israel during the term
of this Agreement.
21.0 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, 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 hereunder.
22.0 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act on its behalf
with regard to this Agreement:
Katie Baker
Manager Parks Development
301 West Bagdad Avenue, Suite 250
Round Rock, TX 78664
Telephone: (512) 341-3355
E-mail address: kbakerrh:roundrocktexas,g_ov
The Consultant hereby designates the following representative authorized to act on its
behalf with regards to this Agreement:
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David Bacorn
President, Bacorn Bros, LLC
P.O. Box 341621
Lakeway, TX 78734
Telephone: (713) 530-4083
E-mail address: DBacorn' E BaconlBros.com
23.0 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
(1) When delivered personally to recipient's address as stated herein; or
(2) Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Consultant:
Bacorn Bros, LLC
P.O. Box 341621
Lakeway, TX 78734
Notice to City:
City Manager, City of Round Rock
221 East Main Street
Round Rock, TX 78664
AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the City and Consultant.
24.0 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall
be governed by and construed in accordance with the laws and court decisions of Texas.
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25.0 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits, constitute the entire
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof. The parties
expressly agree that, in the event of any conflict between the terms of this Agreement and any
other writing, this Agreement shall prevail. No modifications of this Agreement will be binding
on any of the parties unless acknowledged in writing by the duly authorized governing body or
representative for each party.
26.0 DISPUTE RESOLUTION
The City and Consultant hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
27.0 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion of provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion of
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
28.0 STANDARD OF CARE
Consultant represents that it is specially trained, experienced and competent to perform
all of the services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed, whether by Consultant or designated
subconsultants, in a manner acceptable to the City and according to generally accepted business
practices.
29.0 GRATUITIES AND BRIBES
City, may by written notice to Consultant, cancel this Agreement without incurring any
liability to Consultant if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Consultant or its agents or
representatives to any City Officer, employee or elected representative with respect to the
performance of this Agreement. in addition, Consultant may be subject to penalties stated in
Title 8 of the Texas Penal Code.
30.0 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
parry's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure an anticipatory repudiation of this Agreement.
31.0 MISCELLANEOUS PROVISIONS
Time is of the Essence. Consultant agrees that time is of the essence and that any failure
of Consultant to complete the services for each Phase of this Agreement within the agreed
project schedule may constitute a material breach of the Agreement.
Consultant shall be fully responsible for its delays or for failures to use reasonable efforts
in accordance with the terms of this Agreement. Where damage is caused to City due to
Consultant's failure to perform in these circumstances, City may withhold, to the extent of such
damage, Consultant's payments hereunder without a waiver of any of City's additional legal
rights or remedies. City shall render decisions pertaining to Consultant's work promptly to avoid
unreasonable delays in the orderly progress of Consultant's work.
Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure,
delay or default in performance of any obligation hereunder shall constitute an event of default
or breach of this Agreement, only to the extent that such failure to perform, delay or default
arises out of causes beyond control and without the fault or negligence of the party otherwise
chargeable with failure, delay or default; including but not limited to acts of God, acts of public
enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters
or other casualties, strikes or other labor troubles, which in any way restrict the performance
under this Agreement by the parties.
Section Numbers. The section numbers and headings contained herein are provided for
convenience only and shall have no substantive effect on construction of this Agreement.
Waiver. No delay or omission by either party in exercising any right or power shall
impair such right or power or be construed to be a waiver. A waiver by either party of any of the
covenants to be performed by the other or any breach thereof shall not be construed to be a
waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid
unless in writing and signed by an authorized representative of the party against whom such
waiver or discharge is sought to be enforced.
Multiple Counterparts. This Agreement may be executed in multiple counterparts,
which taken together shall be considered one original. The City agrees to provide Consultant
with one fully executed original.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
City of Round Rock, Texas
By:
Printe Name: b0 5, t
Title: �( i�-
Date Signed: 1 2
For City, Attest:
By
Meagan Spi s, Cit lerk
For City, A proved as to Form:
By: — L
Stephan L Sheets, City Attoniey
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Bacorn Bros, LLC
By: �N-4
- Printed Name:
Title: c.�
Date Signed: �.
Exhibit "A"
Tj�z
7i Bacorn Bros. LLC
January 19, 2022
Katie Baker
Park Development Manager
City of Round Rock Parks and Recreation
(0) 512.341.3355
Re: Proposal Letter for MEP Engineering Services
Old Settlers Park East Side Electrical
Dear Katie,
Bacorn Bros thanks you for this opportunity to provide a proposal for Old Settlers Park East
Side Electrical in Round Rock, TX. Included in this proposal are MEP engineering design
services as required for permitting and construction.
PROJECT DESCRIPTION:
Based on our recent discussions on 01/14/22, we understand that this project involves MEP
design & construction phase services for electrical infrastructure on the east side of Old Settlers
Park to accommodate power for City Events at the park.
SCOPE OF WORK:
The scope of our work is to provide mechanical, electrical, and plumbing consulting engineering
services, produce design documents suitable for construction and permitting, and provide basic
construction phase engineering services. We propose the following scope of work for design
and construction phase services:
Design Phase:
• General:
- Participate with the Architect, Owner, and other design team members during design
development. Coordinate regularly via email and phone with the design team and owner
as required or requested to determine and share project requirements.
Conduct a site visit to the existing facility for data gathering and verification of existing
conditions if necessary.
Attend one design team review meetings at the end of 50% design phase.
General construction notes and equipment/material specifications will be included on the
plans, in lieu of a separate specifications document. The drawings will contain keyed
notes, component schedules and additional documentation to state the quality, type, and
desired components of this project.
Respond to city comments and reissue the set for permit if necessary.
Upon completion of the design, a signed/sealed set of electronic .pdf files of the bid
documents will be delivered to the Owner for bidding.
• Electrical:
Provide an electrical site plan for contractor coordination during construction.
Design electrical power distribution including electric panel schedules, and system one -
line diagram.
Perform voltage drop calculation on all conductor distances exceeding 100ft.
Bacorn Bros LLC
PO Box 341621 -- Lakeway, TX 78734
713-530-4083
Exhibit "A"
January 19, 2022
Re: Old Settlers Park East Side Electrical MEP Services Proposal
— Produce construction documents showing electrical service and equipment locations for
the new construction. Plans shall include circuiting, all relevant schedules, wiring
diagrams, details, and notes.
Construction Administration Phase:
• Interface with Oncor Electric Utility during the design and construction phases.
• Complete Oncor's Electrical Service Planning forms for the owner's submission.
• Respond to contractor requests for information (RFI's) during the bidding process.
• Review MEP submittals and shop drawings.
• Respond to contractor requests for information (RFI's) during the construction process.
• Perform one site visit during construction and one final walk-thru for observation of quality
assurance and review of progress. Site visits will commence when sufficient MEP work has
been installed to warrant attendance.
• Produce an MEP punchlist of construction deficiencies at the end of the project; we will not
be responsible for verification that punchlist items have been completed. our responsibility
to provide basic services for the Construction Administration Phase under this Agreement
terminates at the issuance to the Owner of the final punchlist.
• As -Built drawings will be by contractor.
ASSUMPTIONS:
• MEP Drawings will be prepared in AutoCAD 2021. Plan drawings will be prepared utilizing
CAD backgrounds provided in AutoCAD ".dwg" format by the Architect.
• MEP drawings will be prepared using backgrounds provided by the architect or owner.
o CAD background will include a complete RCP with fixture locations.
o No more than three revised CAD backgrounds will be issued during the design, and
none within five business days of deliverables.
• At the start of the project, the owner shall provide to the engineer any corporate, facility or
site design standards, guidelines, details, etc that are required to be followed by the project.
• Data cabling, cable trays, patch panels, etc. are to be specified, provided and installed by
others.
• One construction document package will be issued for this project. Individual phasing 1 fast -
track document packages, and long -lead equipment prepurchase packages, will not be
required.
• Bacorn Bros shall not have control over or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, nor for acts or omissions of the
Contractor.
• Bacorn Bros shall at all times have access to the Work wherever it is in preparation or
progress.
EXCLUSIONS:
Items listed below are specifically excluded from our design Scope, but can be provided as an
additional service per the attached fee schedule, Attachment "A":
• MEP testing, start-up, or training.
• Commissioning services for pursuit of a LEED or other Green Building rating.
• USGBC LEED project services.
Page 2 of 4
Exhibit "A"
January 19, 2022
Re: Old Settlers Park East Side Electrical MEP Services Proposal
• Separate MEP specifications document.
• Basis of Design document.
• Specialty lighting.
• Exterior lighting with photometrics.
• Special grounding systems.
• Protective device coordination and system short circuit calculations.
• Arc Flash calculations and labels for new panels.
• Specification of equipment and cabling and detail design of system wiring and
interconnections for telecommunications systems, fire alarm systems, security systems, and
data transfer systems.
• Lightening Protection.
• Fire sprinkler hydraulic calculations and fire protection piping design are to be performed by
a separate Certified and Qualified Fire Protection Contractor.
• Structural engineering.
• Grease trap design.
• Civil engineering, site utility design, landscaping design, landscape irrigation.
• Asbestos surveying and abatement.
o We have no responsibility for the discovery, presence, handling, removal or disposal of
or exposure of persons to hazardous materials or toxic substances in any form at the
project site.
• Noise and vibration consultation.
• Estimates of probable construction cost.
• Reproduction of bid documents and advertising for bids.
• Procuring or paying for construction permits, inspections, etc.
PROJECT SCHEDULE:
We propose the following schedule, commencing within two weeks of Authorization to Proceed.
We are committed to working as a design team to accomplish this schedule.
o 50% Design — 3 Weeks
:} 100% Design — 2 Weeks
o CA — 3 Months
Should the agreed -upon schedule for either the design or construction phases slip more than 60
days, our fee may be subject to additional services costs.
Page 3 of 4
Exhibit "A"
January 19, 2022
Re: Old Settlers Park East Side Electrical MEP Services Proposal
PROPOSED FEE:
We propose to perform design and construction phase services on a lump sum fee basis,
including reimbursables, as follows:
MEP Design = $8,000
Construction Services = $2500
Engineering Services will be invoiced on a monthly basis as a percentage of project completion.
Invoices shall be due and payable net 30 days. In the event the project is terminated or placed
on Hold by you or the Owner, we will submit a final invoice based on our percentage of project
completion. This fee proposal is valid for 90 days from the date of this letter.
Any additional services will be subject to add service fees and will be billed at $1501hr. Written
authorization will be required prior to performing any additional services.
Thank you for your consideration. Please don't hesitate to contact Bacorn Bros with questions
about the proposal or our services.
Sincerely,
David Bacorn
President
713-530-4083
DBacorn@BacornBros.com
PROPOSAL ACCEPTANCE:
If the terms and conditions set forth in this proposal are agreeable, please sign and date below
to initiate the contract. Bacorn Bros will begin work after receipt of this signed proposal.
AGREED:
Signature
Printed Name
Page 4 of 4
Date
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing an Agreement with Bacorn Bros, LLC for MEP engineering
design services related to the Old Settlers Park East Side Electrical Improvements
Project 2022.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/11/2022
Dept Director: Rick Atkins, Director
Cost: $10,S00.00
Indexes: General Self -financed Construction
Attachments: Barcorn Bros - OSP East Side Electrical Agreement, LAF - Agreement for MEP
Engineering Design Services for OSP
Department: Parks & Recreation
Text of Legislative File CM-2022-059
This item would authorize the City Manager to execute a contract with Bacorn Bros for the professional
engineering design services necessary to provide additional electrical infrastructure in Old Settlers Park.
The Old Settlers Park East Side Electrical Improvement Project 2022 will provide power to Yonders Point
(Phases I and 11) and along the lakeside trail, to support events such as Light up the Lake. Using electrical
service, rather than generators, during these events will save the City money.
Cost. $10,500.00
Source of Funds: General Self -Financed Construction
City of Round Rock Page 1 of 1