Contract - 2P Consultants - 5/12/2022 CITY OFROUND ROCK
CON'rRACTFOR ENGINEERING SERVICL:S
FIRM: 2P Cy'ONSULTANTS LLaC (4al aa�naaeea' ,)
ADDRESS: 203 lust Main Street Suite 204 Round RockTexas 78664
PROJECT: Dire Stations No. I
THE STATE OFTEXAS §
C,'OUN'rY O 'WILLIr4MSON §
THIS CONTRACT E�FOR NGIN ER.ING SERVICES ("Contract") is rnade and entered into can
this thecls n�f 2f}22 by and between the CITY OFROUND ROCK, a Texas [ionic-
]'tile municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter tel`erred to as "City"), and l"ttgineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITAL,S:
WHEREAS, V.T.0".A., Government Code 4 254.002(2)(A)(vil) under Subchapter A entitled
"Prole;ssional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
'All EERI AS, City and Engineer desire to contract for such professional en-incering services; and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
NOW, TI FI RFIFORE?, WITNESSETH:
That for and in consideration of the mutual promises contained herein and ether good and
valuable considerations, and the; covenants and agreements hereinafter contained to be kept and
performed by the respectivc parties hereto, it is agreed as follows:
t"';nginccriny Services Coiilr:tct
4881-7678-6203
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CONTRACTI)OCUMEN,rs
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The Contract DOCLlincnts consist of this (".1�1 ontract and any exhibits attached hereto (which
cxhibits are hereby incorporated into and made a part of this Contract) and all SUppIcniental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, ,in(] all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
A RTI C L E I
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
A RTICLE 2
ENGINEERING SERVICES
Eli,gineer shall perform Engineering Services as identified in Exhibit B "Surveying Services" and
E;xhibit C entitled "Civil E'rigineering Services."
Engineer shall perlorni tile Engineering Services in accordance with tile Work Schedule as
identified in Exhibit 1) entitled "Work Schedule." SUCII Work Schedule shall contain a complete
scliedUle so that the IJiginecring Services Under this Contract may be accomplished within the specified
time and tit the specified cost. 'File Work Schedule shall provide specific work sequences and definite
review times by City and E'Ligineer of all Engineering Services. Should the review tinres or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
SUbIllit a timely written request for additional time, which Shall be subject to the approval of the City
Manager-..
A R]I I C 1,E' 3
.0 0 NTR A C']' TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. It' ELigineer 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 tcri-riinate this Contract, it shall continue
frorn (lay to day until such time as the Engineering Services are completed. Any IIngineering Services
performed or costs incurred after the date of terniination shall not be eligible for reimbursement.
I"Ingineer shall notify ity 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. I"Ingincer acknowledges that the Work Schedule is of critical importance,
and agrees to Undertake all necessary efforts to expedite the performance of Services
required herein so that construction Of the pro'ject will be cornmenced and completed as scheduled. In
this regard, and SLII�ject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
shall proceed with sufficient clualified 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. Aftcr execution of' this Contract, Engineer shall not proceed with
F"Ingincering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and E.,Ingineer agrees to accept the aITIOUnt shown below as ftill compensation for
the Engineering Services perl'ornied and to be performed under this Contract.
The amount payable under this Contract, WithOLIA modification of the Contract as provided
herein, shall not exceed the total 11111OUnt of Ei =ht y-Six "Thousand and No/100 Dollars ($86,000.00) as
shown in Exhibit E. The I'l7aXiIII1.111i aMOLmt payable shall be revised only by written SLIpplernental
Contract in the event of'a change in Engineering Services as authorized by City,
Engineer shall prepare and SUbinit to City monthly progress reports in SUffiCiCilt detail to support
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the progress of the Engineering Services and to support invoices requesting inonthly payment, Any
preferred format of'City Im such monthly progress reports shall be identified in flxhibit B and Exhibit C,
SatIsFactory progress of li.rigineering, Services shall be ail absolute condition of'paynient.
The fee herein reFerenced may be adjusted for additional Engineering Services requested and
purornied only if approved by written Supplemental Contract.
A RTI C L,E 5
METHOD OF PAYMENT
Payments to Engineer shall be made while E'ngineering Services are in progress. E'rigineer shall
prepare and SUbinit to City, not more frequently than once per month, a progress report as rererenced in
Article 4 above, Such progress report shall state the percentage of completion of L.'rigincering Services
accomplished during that billing period and to date, SillItIltallCOUS With submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to file percentage of completion of Engineering
Services identified in Exhibit E. Progress payments shall be made by City based Upon Engineering
Services actually provided and perf'onned. Upon tiniely receipt and approval of' each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
perl'on-ned. Engineer has the responsibility to SLibinit proof to City, adequate and SLIII-WiCnt in its
determination, that tasks were completed.
The certified statements shall show the total anIOLInt carried to the date of submission and shall
show the aMOLmI due and payable as of the date ol'the current statement. Final payrrient does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting fi-orn Ills/her/its
negligence.
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ARTICLE 6
PROMPT PAYMENT' POLICY
III accordance with Chapter 2251, V.T.CA,, Texas Government Code, payment to F`ngincer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) (lays of the (lay oil which City receives as correct invoice for services, whichever is
later. Engineer may charge late flee (fee shall not be greater than that which is permitted by Texas law)
I'or payments not made in accordance with this prompt payinent policy; however, this policy does not
apply III the event:
A. There is as bona fide dispute between City and Engineer concerning the supplies,
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materials, or eqUipulCru delivered or the services performed that causes the payment to be
late-, or
Ti. The terms of a federal contract, grant, regulation, or statute prevent City from making as
Iffliely payment with federal funds; or
C. There is a bona fide dispute between Engineer and as subcontractor or between a
Subcontractor and its Supplier concerning supplies, materials, or equipment delivered or
the FInginecring Services performed which causes the payment to be late,- or
D. The invoice is not mailed to City in strict accordance with j1lStrUCtiOnS, if' 'any, On the
purchase order, or this Contract or other such contractual agreement.
City Shall document to 11'rigincer the issues related to disputed invoices within ten (H ) calendar
days of receipt of such invoice. Any non-dISIRIted invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B and Exhibit C until tile City
has issued I written Notice to Proceed regarding such task. The City shall not be responsible for work
performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been
issued.
ARTICLE 8
PROJECTTEAM
City's, Designated Represcritative flor purposes of this Contract is as follows:
Matthew Smith
Building Construction Superintendent
212 Commerce Cove
Round Rock, TX 78664
Telephone Number(51`2) 218-7016
brad address
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City's Designated Representative shall be authorized to act oil 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 Engincer in order to avoid unreasonable delay in the orderly and sequential
progress of f;ngineering Services.
Engineer's Designated Representative for put-poses of"this Contract is as I'ollows:
Don Pool, C.
2P Consultants, LLC
203 E. Main Street, Suite 204
Round Rock, TX 78664
Telephone Nurrit-wr(5 12) 344-9664
Email Address tljjtno]('a
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 SLICII int-orn-tation as may be pertinent and
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necessary, or is may be requested by City,Ity, in order for City to evalliate fcatUrCS Of' the Engineering
Services. At the request Of City 01- Engineer, conferences shall be provided at lIngincer's office, the
offices of City, or at other locations designated by City. When requested by City, sLICh COI)I'erCuCCS Shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Enginceritig Services does not satisfy the Work
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Schedule, then City shall review the Work Schedule with Ungineer to determine corrective action
required,
Engineer shall Promptly advise City M writing of events which have or may have a significant
impact upon the Progress of the Engineering Services, including but riot limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work- Schedule, or preclude the attainment of pro.ject 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 E'ngineering Services, but not to terminate this ('.'ontract, then
such suspension may be effected by City giving Engineer thirty (30) calendar (lays' 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 E'tigineering Set-vices may be reinstated and, resumed in
Full force and effect within sixty (60) days of receipt of written notice froni City to resume the
Fngi necring Services, Such sixty-day notice may be waived in writing by agreement and signature of
both parties. If this Contract is suspended for more than thirty (30) days, Engineer sliall have the option
of lerminating this Contract.
If' City suspends the Engineering Services, the contract period as determined in Article -I, and
the Work Schedule, shall be extended for a Gmc period equal to (lie SUSIXIIS1011 I)CI-10d.
City assumes no liability for I-I'agincering Services performed or costs Incurred prior to the date
authorised by City for Engineer to begin EA-igineering Services, and/or during periods when Engineering
SCrViCCS is SUSIVIlded, and/or subsequent to the contract completion date.
ARTICLE It
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been (firected to perform is
beyond the scope of' this Contract and as SLICII constitutes extra work, lie/she/it shall promptly notify
City in writing. In the event City finds that SUCII work does constitute extra work and exceeds the
maxim urn amount payable, City shall so advise Engineer and a written SUPplernClItal Contract will be
executed between the parties as provided in Article 13. Engineer shall not perfi:)rni any proposed
additional work nor incur any additionaf costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by F'Ingineer not, for any costs incurred
by Engineer relating to additional work not directly associated Nvith the performance of the Engineering
Services authorised in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
IfCity deerns it necessary to request changes to previously satisfactorily completed Engineering
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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. SUCII revisions shall be considered as additional I"Ingineering Services and paid for as
specified under Article 11.
Eng inecr shall make revisions to fl,'i igineering Services authorised hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
due for such Engincerim, Services.
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ARTICLE 13
SLJ PPLEMENTAL CONTRACTS
The terms of this Contract may be modified by wvrltten Supplemental C,011trad if City
determines that there has been a significant change in (1) the scope, complexity or character of the
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Engineering Services, or (2) the duration of the Engineering Services, see attached Exhibit F
"Clarifications." Any such Supplemental Contract triust be duly authorized by the City. F'rigincer shall
not proceed until the Supplemental Contract has been executed. Additional contpensation., 11'
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appropr atc, shall be iclurutified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall rrialw no claim for
extra vvorle done Or materials furnished until the City authorizes Full execution of' the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed,
ARTICLE 14
I)SE, 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 LnIgineer and its
subcontractors are related exclusively to the services describe(] in this Contract and are intended to be
used with respect to this Project. However, it is expressly understood and agreed by and between the
parties hereto drat all of Engineers designs under this Contract (including but not limited to tracings,
rigs,
drawings, estimates, specifications, investigations, studies and offiff CIOCLinients, 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
l"rigineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer
frorn all claims, damages, losses and expenses, including but not limited to attorneys Pecs, resulting
therefrom.
By execution of this Contract and in confirmation of the fee for services to be paid Linder this
Contract, Engineer hereby conveys, transfers and assigns to City all rights Linder the Federal Copyright
Act of 1976 for any successor copyright statute), as amended, all common law copyrights and all other
intellectual property rights ackt-lowledged 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 fear 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 Iluglu=-Without Cost to City.
Upon execution Of this Contract, F.rigineer grants to City permission to reproduce Engineer's
work and documents for put-poses 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.
EIngineer shall obtain similar permission from Engineers subcontractors consistent with this Contract. If'
and upon the elate Engineer is adjudged in del'ault of this Contract, City is permitted to authorize other
similarly credentialed design professionals to reproduce and, where permitted by law, to make changes,
corrections or additions to the work and documents for the purposes of completing, using and
maintaining the Project.
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City shall not assign, delegate, Sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of 1--'rigineer. However, City shall be permitted
to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of tile, InStrIlInClItS of Service appropriate to, and for rise in their execution of' the. Work.
Submission or distribution of' Instruments r)f Service to meet official regulatory requirements or f'or
similar purposes in connection with the Project is permitted. Ally unauthorized use of the Instruments of
Service shall be at ('"Iity's sole risk and without liability to Enginecr air([ its Engineers.
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Prior to Engineer providing to City any Instruments of' Set-vice in electronic form or City
providing to F1,11gincer any electronic data for incorporation into the Instruments of Service, and
F.'Inginecr shall by separate written contract set tbrth tile specific conditions governing tile format of such
Instruments ol'Service or electronic data, including any special limitations not otherwise provided in this
Contract. Any, electronic files are provided by Langineer for the convenience of City, and use of thein is
at City's sole risk. In the case of any defects in electronic files or any discrepancies between thein and
any hardcopy of the same documents prepared by Engineer, the liardcopy 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 inodified,
A RTI C L E 15
IIERSONNEL, EQUIPMEINT AND MATERIAL
Engineer shall Furnish and maintain, at its 0WIl CXPCIISe, quarters For the performance of all
11,1'rig incering Set-vices, and adequate arid sufficient personnel and equipment to perrorill the Engineering
Services as required. All employees of Erigincer shall have such knowledge and experience as will
enable thern to perform the duties assigned to there. Any employee of Engineer who, in the opinion of.
City, is incompetent or whose conduct bccorries 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 Set-vices required Linder this Contract, or will Obtain such personnel from SOLH-CCS other.
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRAcrING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services Under
this Contract without prior written approval froni City, All subcontracts shall include the provisions
rcquired in this Contract and shall be approved as to Conri, 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 OFENGINEERING SERVICES
City,ity, or any allthorized representatives ofit, shall have the right at all reasonable times to review
or otherwise evaluate the f"ngincering Services perforined or being performed hereunder and the
premises on which it is being perrormed. If any review or evaluation is made oil the premises of
Engineer or as subcontractor, then E"rigineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of'City or other representatives in [lie,
performance oftheir duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary forin for approval by City before
any final report is issued. City's comments on Engincer's preliminary reports shall be addressed in any
final report.
A RTI CL E 19
VIOLATION OF CONTRACTTERMS/13REACH OF CONTRACT
Violation of contract terms or breach of contract by Engiricer shall be grounds 1`61-to -11-lination of
this Contract, and any increased costs arising from Engineer's default, breach ofcontract, or violatiOn
of contract Lernis shall be paid by Engineer.
ARTICLE 20
TERMINATION
']'his Contract may be terminated as set lorth below.
(1) By Mutual agreernent and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence Of failure by Engineer to
perform the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the filihIre of the other party to fulfill its obligations as set forth
herein,
(4) By City, for reasons off its own and not subject to the mutual consent of Engineer, upon
not less than thirty (30) days' written notice to I'ngineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no 1ecs other than Im due and payable
at the time of termination shall thereafter he paid to Engineer. In determining the value of the
Engineering Set-vices performed by Engineer prior to termination, City shall be tile sole judge.
Compensation lor Engineering Services at termination will be based on a percentage of the Engineering
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Services cornpleted at that time. Should City terminate this Contract tinder Subsection (4) immediately
above, then tile atuOLInt charged during the thirty-day notice period shall not exceed the anIOLInt charged
during the preceding thirty (30) clays,
If EIngincer defaults in the performance of this Contract or if City terminates this (ontract for
fault on the part off"rigincer, then City shall give consideration to the actual costs incurred by I"Ingincer
in performing the Engineering Services to the CkMC Of' &1111.11t, the amount of E-ngineering Services
required which was satisfactorily completed to date 01' default, the value of the Engineering Services
ti,vhich are usable to City, the reasonable and necessary cost to City of' employing another firin 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 perforined at the time oHelaUlt.
The termination of this Contract and payinelit of an amount in settlement as prescribed above
Shall eXtIugLIISh all rights, duties, arId obligations of City and Engineer under this Contract, except the
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obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In Such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible Im- the settlement of arll contractual and administrative issues
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sing out ofany procurements made by Engineer in Sit],))ort of the Liigineering Services under this
Contract.
ARTICLE 21
,COMPLIANCE W1111 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, inimmuni/niaxinnun salary and wage statutes and regulations, and licensing laws
and regulations. l'Ingincer shall furnish City with satisfactory proof of his/fier/its compliance.
Engineer shall further obtain all permits and licenses required iii the performance of the
Engineering Services contracted for herein.
(2) As required by Chapter 2271, Government Cocle, F'rigineer hereby verifies that it (toes 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
otheiivise taking any action that is intended to penalize, inflict economic harm on, or limit commercial
relations specifically with Israel, or kvith a person or entity doing business in Israel or in aii Israeli-
controlled territory, but does not Include an action made For ordinary business purposes.
(3) '11a xes. Engineer will pay all taxes, if' any, required by law ansing 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.
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ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this
Contract, which are caused by or which result froin (lie negligent error, omission, or negligent act of
E`nginecr or of any person employed by Engineer or under Lngincer's direction or control.
E' t'noineer shall also save and hold City harnfless frorn any and all expenses, L� but not including
limited to rcillIbUrsernent of reasonable attorney's fees which may be incurred by City in litigation or
otherwise defending claims or liabilitics which may be imposed on City as a result Of Such negligent
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activities by F"ngincer, its agents, or employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITlES
Engineer shall be responsible I-or the accuracy of his/her/Its Enginecring 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 Engineers
respolisibi titles for all questions arising from design errors, and/or ornissions. Engineer shall not be
relieved of responsibility for SUbscqLlClIt correction Of Mly Such errors or omissions ill its work product,
or for clarification of array ambiguities until after the construction Phase of the pro-ject has been
completed.
ARTICIA", 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering subtrussions to
City in accordance with the 1'exas Engineering Practice Act and the I'LlICS of the State Board of
Registration for Processional Engineers.
ARTICLE 25
NON-COLLUSION, FINANCIAI., 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, 10 Solicit 01' Secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any 1'ec,
commission, percentage, brokerage Ibe, gifts, or any other consideration, contingent LIPOYI or resulting
firorn the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct frorn the contract price or compensation, or to otherwise recover, the full aniount of such fee,
commission, percentage, brokerage fee, gill or contingent 11ce.
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(2) Financial Interest Prohibited. E'ngincer covenants and represents that Engineer,
his/her/its, oflicers, employees, agents, consultants and subcontractors will have no financial interest,
direct or Indirect, in the purchase or sale of any Product, materials oi- equipment that kvill be
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recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at l"Ingincer's sole cost, shall purchase and maintain during the entire
term while tills Contract is in effect professional liability inSUralICC coverage in the minimum amount of
One Million Dollars per claim From a company authorized to (�to 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 hiniting any of the other obligations or liabilities of
Eli
gi Engineer shall recIrdre each subconsultant performing work Under this Contract to maintain
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during the terra of this Contract, at the SUbconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3),
Engineer shall Obtain and monitor the certificates of insurance from each subcOnSUltant in order
to assure compliance with the insurance requirements. Emgincer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
I-CClUil-CITICIuS among its SUbconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates OfinSUrance.
(3) Insurance Policy Endorsements. Each insurance policy shall include file following
conditions by endorsement to the policy:
(a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non-
renewal or any material change in coverage, and such notice thereof` shall be given to
City by certified mail to:
City Manager, City Of 1ZOUnd flock
221 last Main Street
Round lock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such fUtUl-C coverage, or to City's Self-Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost or all Insurance required herein to be secured and maintained
by Engineer shall be borne solely by [engineer, with certificates of insurance evidencing such ruillillutill
coverage in lorce to be filed with City. Such Certificates of Insurance are evidenced as Fxhibit G herein
entitled "Certificates OHIISLlrance.-
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ARTICLE 27
CQPYRIGIJTS
City shall have the royalty-Free, norICXCILISiVC alld 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
']'his Contract shall be binding upon and inure to the benefit of the parties hereto, their
SLICCeSSOI-S, lawful assigns, and legal representatives. Engineer may not assig,ti, ,tablet or transfer any
interest in this Cotitract, in whole or in part, by operation of law or otherwise, without obtaiiiing the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained III this Contract Shall for any reason be
held to be invalid, illegal Or UnClItIorceable it) any respect, then such invalidity, illegality oi-
1 t7
LIFIC11forceability sliall, not affect any Other provision thereof and this Contract shall be constrUed as if
Stich invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREI[;MENTS SUPERSEDED
']'his Contract constitutes the sole agreement of the parties hereto, and SLIpersedes any prior
understandings or written or oral contracts between the parties respecting the subject
ject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the pat-ties hereto
in writinl
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the pro'jcct, and records Of 1CCOLIiits between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representa(Ives at 11111tUally COrlVellient times. The City reserves the right to review all records it deems,
relevant which are related to this, (",'ontract,
ARTICLE 32
NOTICES
All notices to either party by the other required Under this Conti-act shall be personally delivered
or mailed to SLICII party at the following respective addresses:
13
City:
City of Round Rock
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
E'ngineer:
Dori Pool, CIBC)
21) Consultants, LLC
20,3 E. Main Street, Suite 204
ROLInd Rock, TX 78664
ARTICLE 33
CIENERAL PROVISIONS
(1) Time is of the Essence. Engineer unclerstands and agrees that time is of the essence and
that any failtire of Engineer-to complete the Engineering Services for- each phase of this Conti-act within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer- shall be fully
responsible for his/her/its delays or f`01' failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the E`ngineer's standard of performance as defined herein. Where damage
is caused to City (tile to fingineer's negligent fath,11-C to PURIIIII C ity may accordingly withhold, to tile
extent ofsLich damage, Engineer's payments, hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither- City nor Engineer shall be deemed in violation of this Conti-act if
prevented from perfortning any of their obligations hereunder by reasons lor which they are not
rn
responsible or CirCLInistances beyond their- control. However, notice Of SLICII impediment or delay in
performance must be timely given, and all reasonable efforts Undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in ROUnd Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or- conditions, herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall he governed by and COnStIlled in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all profiessional engineering,
consulting and related services performed or furnished by I.Algincer and its employees under this
14
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
Under the sarric or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, L'Ingineer makes no warranties, express or Implied, under this Contract or otherwise,
in connection with the Engineering Set-vices.
(5) Opinion of Probable Cost. Any opinions ofprobable project cost or probable construction
cost provided by [.�'.ngineer are made on the basis of information available to J."'rigincer and on the basis
of F"rigineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since F"ngineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the Coll t rae Lol-(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 f"Ilgineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or detertnination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion,judgi net)t, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for 1;ngineer hereby represents and warrants that the signatory is am
officer of the organization for which he/she has executed this Contract and that he/she has Full incl
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 frill performance of the terms and provisions hereof.
ClTYOFR1 JNDR - CK, 'TSAS, AP111 EIDAST0111'RM:
O'�V"
By:
S te
.ph,
'111 ' S licy
Craig Mo gaK., M,, I, Stephan Sheets, City Attoi
ATTEST:
By:
Meagan Spiril, ly CIA,
2P CONstiul-ANTS, LLC
By: -------
SignatUk,of PH Ile' I
Printed Name: SO lt�.\ 7
15
LISTOF EXHIBITS A'rrACIIED
(1) Exhibit A City Services
(2) Exhibit 13 Surveying Services
(3) Exhibit C Civil Engineering Services
4n
(4) Exhibit 1) Work Schedule
(5) Exhibit E Fee Schedule
(6) Exhibit F Clarifications
(7) Exhibit G Certificates of-Insurance
16
2P CONSULTANTS, LLC
March 29,2022
Page 2
EXHIBIT A
CITY SERVICES
A. The City will need to provide access to the site.
B. The City will provide direction regarding the locations of improvements.
C. The City has agreed to process the replat internally, plat preparation by 21PC
D. The City has agreed to process the Re-Zoning internally,field notes and sketch by 2PC
E. The City willi provide any signatures or necessary documents required during the platting or permitting
processes.
F. The city will provide an up to date Title Commitment.
G0 Engineering
2P CONSULTANTS, LLC
March 29, 2022
Page 3
EXHIBIT B
SURVEYING SERVICES
Task Item I —Surveying Services
A. Final Plat Preparation
a. Coordination -2PC will coordinate with the Surveyor for the following items:
1. Plat per City of Round Rock checklist for submittal.
2. Prints for Client's recording of the plat.
B, Easements
a. Coordination - 2PC will coordinate with the Surveyor any offsite or onsite separate instrument
easements required.
Civil Engineering
2PCONSULTANTS, LLC
Kxarch29, 2022
Page
EXHIBIT C
CIVIL ENGINEERING SERVICES
Task Item 11 —Construction Documents
A. Project Management
a. Coordination and Meetings
1. This task item includes uptosix (5) meetings with the City of Round Rork entities tmobtain
information necessary to complete the design of the project and to collect any data required for
preparation ofreports and for design.
B. Civil Engineering Site Development Construction Plans
a. Site Layout Design
1. Work with the client to determine layout that is suitable tutheir but also meets the City ofRound
Rock Design and Construction Standards.
2. Coordinate with the Architect and Landscape Architect toensure that the site meets all City ofRound
Rock architectural and landscape requirements.
b. Site Grading Design
1. A%rmding plan will beprepared that issuitable for construction. This plan will show existing and
proposed ground contour Hnes as well as spot elevations that show the elevations for the proposed
improvements.
2. This task item does not provide for structura| design of retaining walls, review of walls designed by
others, nor inclusion of structural detai:sofany kind unthis site grading plan.
c. Site Drainage Design
1� A site drainage plan will be produced that will meet the requirements found in the City of Round
Rock Drainage Criteria Manual.
2. The site drainage plan will he suitable for construction ofimprovements to allow for proper drainage
mfthe site. The construction drawings will indicate proposed storm sewers,flumes, swales,
headwalls, and other drainage features if required. Profiles of the storm drain main line and laterals
will 6eincluded ifrequired bythe City ofRound Rock.
3. Drainage area maps for pre-and post- development conditions will heprepared. The drainage area
maps will delineate drainage areas and storm drainage runoff data for this site and for any adjacent
properties that may affect drainage omthis site.
4. Drainage reports and calculations as necessary for review and approval by the City ofRound Rock will
be provided.
5. The site is within the Edwards Aquifer Recharge Zone and is required tohave water quality features
per TCEQ requirements. Therefore, design and analysis of water quality treatment facilities is
included inthe scope.
2P CONSULTANTS, LLC
March 2g'2OI2
Page
6� A Stormwater Pollution Prevention Plan (SWPPP) is required by the City of Round Rock prior to
construction. The SWPPP, associated maintenance forms, inspection reports, and record documents
shall beprepared,submitted, and maintained bythe contractor.
7. If detention is required, 2PC will provide calculations and designs for tile detention pond in
accordance with the City ofRound Rock Drainage Criteria Manma|. The design wfthe stormwntnr
conveyance system tothe detention pond is included in this task. Any structural design elements for
the detention pond are riot included inthis Civil contract,
d. Site Utility Design
1. Asite utility plan will be produced that will meet the requirements found in the City of Round Rock
Design and Construction Standards.
2. The water and wastewater utilities are tu6e provIded by the City of Round Rock. 2PCwiU coordinate
vvith the City arid provide them with any information, reports, or stud�es necessary toget the utilities
approved.
3. The wastewater extension will need to be frorn a manhole located within Sundance Drive to the
proposed fire station. There is o chance this comne0an could require a |Iftstation.
e. Erosion and Sedimentat|amContro| and Tree Protection Mao
1. An Erosion and Sedimentation Control Plan arid Tree Protection Plan will be provided in conjunction
with the project site arid drainage plan design per City of Round Ruck Design and Construction
Standards
f. Construction Specifications
1. Construction notes, standards, and specifications pertaining to the civil site design and relevant to
the City of Round Rock Standard Construction Details will be included on the construction drawings
asnecessary for construction.
C. Applications and Permitting
a. Site Development Plan Permitting
1. Construction drawings and documentation prepared under this proposal will be submitted to the City
ofRound Rock for review and final acceptance,
Z. This task includes coordinating with each reviewing department and obtaining the approval
signatures onthe final plan set.
3. Upona:pprova| oftheimbe| sitep|anrevievvsubnnittaLthmdvi| sitep|ampackagcanda|| necessary
documents for approval will be submitted for Site Plan review.
4. Upon final approvai of all City of Round Rock review comments, a final set of signed and sealed
drawings will beprovided usrequired bythe City ofRound Rock.
b. TCEQWater Pollution Abatement Plan (VVR4P)
I. Prepare the design and calculations for the water quality BMP.
2. Prepare the VVPAPapplication and submit tmTCECifor processIn8
2P CONSULTANTS, LLC
March 29, 2022
Page 6
c. Plat Applications and:,Submittals
L Review the Nat provided by the Surveyor and submit the Plat, application, and any other required
documentation to the City of Round Rock for review by the City.
2. This task includes coordinating with each reviewing department and obtaining their approval.
3. Upon final approval of all City of Round Rock review comments, a final Plat that is signed and sealed
by all required parties will be provided to the client.
d. TDLR Architectural Barriers Project Registration
L 2P Consultants will prepare the required TDLR project registration for plan review of the pedestrian
elements of the civil site work. 2PC will submit the completed registration form, construction
docurnents, and applicable fee (to be provided by the Owner) to a Registered Accessibility Specialist
for the required review and approval of the project. 2PC will design the sidewalks, drives, and
building access points to meet or exceed the current ADA regulations.
Civil Engineering
2P CONSULTANTS, LLC
March 29,2.022
Page 7
Task Item III—Construction Administration
A. Construction Phase Services
a. Bidding Assistance
1. 2PC will prepare a quantity takeoff of the site related items to assist in the bidding process.
2, 2PC will prepare an Engineers Opinion of Probable Construction Cost of the site related items to
assist in the, bidding process.
B. Submittal Review
1. 2PC will review the contractor's product submittals for compliance in accordance with the City of
Round Rock's Development Code.
2. 2PC will maintain copies of all submittals for delivery to the City upon project closeout.
3. These tasks will in addition to the previously executed tasks for this project.
C. Construction Administration
L 2PC will make monthly visits to the site and observe progress and quality of the executed site work
and determine in general if the site work is proceeding in accordance with site plans and
specifications.
2, 2PC will check and approve shop drawings, results,tests, and required observations which the
Contractor is required to submit, but only for conformance with the design concept of the project.
3. Once site construction is complete, 2PC will conduct a field observation to determine if the project is
substantially complete and a final observation to certify that completion so that the Civil Engineer
may provide a letter of concurrence to the City of Round Rock.
Task Item IV—Project Closeout
A. Project Closeout
a. 2PC will prepare a set of record drawings for submittal to the Client and the appropriate agencies based
on as-built plans to be provided by the contractor.
Civil Engineering
2P CONSULTANTS, LLC
March 29,2022
Page 8
EXHIBIT D
PROJECT SCHEDULE
Engineering Site Plan design services shall be completed within approximately 90 days upon execution and
authorization to begin. Permitting is estimated to,take 90-180 days. Construction Phase Services cannot begin
until construction begins.
CMI Engineering
2P CONSULTANTS, LLC
March Z9\2O22
Page
EXHIBIT E
FEE SCHEDULE AND BASIS OF COMPENSATION
CIVIL ENGINEERING DESIGN SERVICES
|—Surveying Services
A. Final Plat Preparat�um—'.--.... ---_— .......___....... -------_----'$4,5OO.00
B. Easements....— ......... ....... ...... .......... ................ .............. --- ....... ...........S1,58O,0U
K—Civil Engineering Services
A. Project Management.............................................— ......................................... ...$7^5QO.0O
B. Civil Engineering Site Development Construction P|ans— ................ --- ...........S48,OOQ.0Q
C. Applications and Permitting ................... ................... ......... — ...... ........... .......$13,UOO,08
N|—CanazrucriomAdministration
A. Construction Phase Services...... ....... -- ..................... —...... ............ --_--$9'OUO.UO
0—Project Closeout
A. Project Closeout.................. .................... .......... ....... ...................___........ .......$2,58O.00
Total for Civil Engineering Design Services $86,00 0.010
The fees for items HV, established above, shaH be considered lump sum fees unless otherwise noted. Our services
will bminvoiced monthly based onthe percentage ofwork completed.
ZPCONSULTANTS, LLC
March J9'ZUZ3
Page 10
EXHIBIT F
CLARIFICATIONS
1. Any requested services not specifically covered bythe Surveying Services orCivil Engineer Services will be
invoiced separately asanadditional service.
2. Reso�udonofconflicts are not included inthis Scope and Fee proposal.
3. A Geological Assessment, if required, shall be provided by the owner at his expense and shaH be in
conformance with the City ofRound Rock requirements.
2P CONSULTANTS, LLC
March 29,2022.
Page 11
EXHIBIT G
CERTIFICATE OF INSURANCE
Civil Engineering
,nY,4C J CERTIFICATE OF IAC11 `hINSURANCE FDATE IMMI=YYYYI
�
2/16/2022
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 rCONTACT
Higginbotham Insurance Agency, Inc.
Higginbotham Insurance Agency, Inc. PHONE FAX
1221 S. Mopa.c E,xpy Suite 160 _A1C,Na,Ext} 512-457 4®fit} tH1Cy Nn):512-472-8888
.---. ... ......... .. ....�. ,....w... ..... ..._.. �.
E-MAIL
Austin TX 78746 ADDRESS: enmad hlg inbotham.net
INSURERS)AFFORDING COVERAGE NAIL
--__-- INSURERA Phoenix In Company, w. 25623
INSURED 2PCONSU-111 INSURER B Travelers CasuaO�and Surety Company 19038
2P Consultants, LLC
203 E Main St., Suite 204 INSURER c: Charter Oak Fire Insurance Gornaany _ ...._ .__.25615
Round Rock TX 78664 INSURER D:The Travelers Property Ca su Comparty Of 25674
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER.30367498 REVISION NUMBER:
THIS IS TO CERTUFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH !RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR AUDL SUER. POLICY EFF POLICY EXP ^
LTR TYPE OF INSURANCE -N POLICY NUMBER MMIDDIYYYY MMIDDIYYYY I. LIMITS
C X COMMERCIAL GENERAL LIABILITY UB-58193961-21-47-G 1211512021 1.,211512022 �EACH OCCURRENCE $1,000,000
I k l Jf1..(SAAt��"I a3"Yt�"N .._..................._.._.._.
CLAIMS-MADE L. OCCUR. PREMISES Ea occurrence) $1,000,000
MED EXP(Any orae person) $5,000
PERSONAL&ADV INJURY $1,000,000
_GEN`L AGGR ELAT
E L IMIT APPLI ES PE R: '..GENERALAGGR,EGATE s2,000000
l JECOT .......m.:..._._..._..... ..
POLICY LOG PRCPUCTS-GOMPlGP ASsG $2,000,600 _.
... OTHER: S
A AUTOMOBILE LIABILITY-- 6805R1930452047 1211512021 1211512022 COMBINEI351NGLELIMIT $1,000,000
.—.....,, Ea accident
ANY AUTO BODILY INJURY IPer person) S
OWNED SCHEDULED BODILY INJURY(Per acciddent) s
AUTOS ONLY AUTOS
X HIRED NON-OWNED PROPERTYDAMAGE S
._-..., AUTOS ONLY AUTOS ONLY {Per,accddprrtYti�__�
$
D X UMBRELLA LAS OCCUR CUP5R'193807 1211512021 1211512022 EACH OCCURRENCE S 3,000,000
__..._ ...........
__.-m..mm..............-_.
EXCESS LIAR CLAIMS-MADE AGGREGATE S
DED XAIRETENTIONS ----- $
C WORKERS COMPENSATION UB-58193961-21-47-G 1211512021 1211512022 X PER 0TH-
STATUTE ER
AND EMPLOYERS'LIABILITY Y 1 N
ANYPROPRIETOWPARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
.
OFFiCER1'MEMB ERBXCLUCED? NIA ____.. ........... ....._.......... ..,....,......,
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe Synder --- — . -,--
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1.000,f100
B Prop.LiabiRy 107358236 1211512021 1211512022 Limit 2,000,000
A Business Personal Property 680581930452047 1211512021 12/15/2022 Limit 105.000
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
The General Liability policy includes a blanket automatic additional insured provision that provides additional insured status to the certificate holder only When
there is a Written contract between the named insured and the certificate holder that requires such status.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Round Rock
212 Commerce Blvd. AUTHORIZED REPRESENTATIVE
Round Rack TX 78664
U 1968-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD