CM-2018-1650 - 3/2/2018IROUND ROCK, TEXAS
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CITY OF ROUND ROCK
CONTRACT FOR GENERAL WASTEWATER ENGINEERING SERVICES
(2018-2019)
FIRM: HDR ENGINEERING, INC. ("Engineer")
ADDRESS: 4401 West Gate Boulevard, Suite 400, Austin, TX 78745
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FO GINNWRI`�JG SERVICES ("Contract") is made and entered
into to be effective on _ , 2018 by and between the CITY OF
ROUND ROCK, a Texas home -rule municipal corporation, whose offices are located at 221 East
Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer,
and such Contract is for the purpose of contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A
entitled "Professional Services Procurement Act" provides for the procurement by municipalities
of services of professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering
services; and
WHEREAS, City and Engineer wish to document their agreement concerning the
requirements and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
Engineering Services Contract
0127.1804;00395453
Rev. 2 11
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental
Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire
contract, and all are as fully a part of this Contract as if attached to this Contract or repeated
herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled
"Engineering Services."
Engineer shall perform the Engineering Services in accordance with a Work Schedule to
be agreed upon between City and Engineer as part of the Notice to Proceed provided in Article 7
herein, "Work Schedule." Such Work Schedule shall contain a complete schedule so that the
Engineering Services under this Contract may be accomplished within the specified time and at
the specified cost. The Work Schedule shall provide specific work sequences and definite review
times by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer
may submit a timely written request for additional time, which shall be subject to the approval of
the City Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. This Agreement shall be from the date hereof and shall terminate at the close
of business on the 31 st day of the month of December, 2019, or as otherwise terminated as
provided in Article 20 entitled "Termination." Any Engineering Services performed or costs
incurred after the date of termination shall not be eligible for reimbursement. Engineer shall
notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that
the Engineering Services will not be completed in accordance with the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical
importance, and agrees to undertake all necessary efforts to expedite the performance of
Engineering Services required herein so that construction of the project will be commenced and
completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as
provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and
consultants necessary to fully and timely accomplish all Engineering Services required under this
Contract in a professional manner.
2.
(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full
compensation for all engineering services performed and to be performed under this Contract.
Engineer shall be paid on the basis of actual hours worked by employees performing
work associated with this Contract, in accordance with the Fee Schedule attached hereto as
Exhibit C. Payment of monies due for the Engineer's subconsultarifs services shall be based on
the actual amount billed to the Engineer by the subconsultant. Payment of monies due for direct
cost expenses shall be based on the actual costs.
The maximum amount payable under this Contract, without modification of this Contract
as provided herein, is the sum of Forty Thousand Dollars, ($40,000.00). Engineer shall prepare
and submit to City monthly progress reports in sufficient detail to support the progress of the
work and to support invoices requesting monthly payment. Any preferred format of City for such
monthly progress reports shall be identified in Exhibit B entitled "Engineering Services".
Satisfactory progress of work shall be an absolute condition of payment.
The maximum amount payable herein may be adjusted for additional work requested and
performed only if approved by written Supplemental Agreement.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress.
Engineer shall prepare and submit to City, not more frequently than once a month, an invoice
showing Engineering Services performed. This submittal shall also include a progress
assessment report in a form acceptable to City.
Payments shall be made by City based upon Engineering Services actually provided and
performed. Upon timely receipt and approval of each statement, City shall make a good faith
effort to pay the amount which is due and payable within thirty (30) days. City reserves the right
to withhold payment pending verification of satisfactory Engineering Services performed.
Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that Engineering Services were completed.
The certified statements shall show the total amount earned to the date of submission and
shall show the amount due and payable as of the date of the current statement. Final payment
does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting
from his/her/its negligence.
3.
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Engineer will be made within thirty (30) days of the day on which the performance of services
was complete, or within thirty (30) days of the day on which City receives a correct invoice for
services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that
which is permitted by Texas law) for payments not made in accordance with this prompt
payment policy; however, this policy does not apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment
delivered or the Engineering Services performed which causes the payment to be
late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on
the purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10)
calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct
and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has
issued a written Notice to Proceed regarding such task. The City shall not be responsible for
work performed or costs incurred by Engineer related to any task for which a Notice to Proceed
has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Kit Perkins, P.E.
Project Manager
2008 Enterprise Drive
Round Rock, Texas 78664
Telephone Number (512) 341-3145
Fax Number (512) 218-5563
Email Address cperkins(&roundrocktexas.gov
4.
City's Designated Representative shall be authorized to act on City's behalf with respect
to this Contract. City or City's Designated Representative shall render decisions in a timely
manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in
the orderly and sequential progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Shay Roalson, P.E.
Vice President
4401 West Gate Boulevard, Suite 400
Austin, TX 78745
Telephone Number (512) 912-5106
Fax Number (512) 912-5158
Email Address shay.roalson @hdrinc.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer
with City at City's election. Engineer shall prepare and present such information as may be
pertinent and necessary, or as may be requested by City, in order for City to evaluate features of
the Engineering Services. At the request of City or Engineer, conferences shall be provided at
Engineer's office, the offices of City, or at other locations designated by City. When requested
by City, such conferences shall also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the
Work Schedule, then City shall review the Work Schedule with Engineer to determine
corrective action required.
Engineer shall promptly advise City in writing of events which have or may have a
significant impact upon the progress of the Engineering Services, including but not limited to
the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet
the objectives of the Work Schedule, or preclude the attainment of 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.
5.
ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this
Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar
days' verbal notification followed by written confirmation to that effect. Such thirty -day notice
may be waived in writing by agreement and signature of both parties. The Engineering Services
may be reinstated and resumed in full force and effect within sixty (60) days of receipt of
written notice from City to resume the Engineering Services. Such sixty-day notice may be
waived in writing by agreement and signature of both parties. If this Contract is suspended for
more than thirty (30) days, Engineer shall have the option of terminating this Contract.
City assumes no liability for Engineering Services performed or costs incurred prior to
the date authorized by City for Engineer to begin Engineering Services, and/or during periods
when Engineering Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to
perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall
promptly notify City in writing. In the event City finds that such work does constitute extra
work and exceeds the maximum amount payable, City shall so advise Engineer and a written
Supplemental Contract will be executed between the parties as provided in Article 13. Engineer
shall not perform any proposed additional work nor incur any additional costs prior to the
execution, by both parties, of a written Supplemental Contract. City shall not be responsible for
actions by Engineer nor for any costs incurred by Engineer relating to additional work not
directly associated with the performance of the Engineering Services authorized in this Contract
or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed
Engineering Services or parts thereof which involve changes to the original Engineering
Services or character of Engineering Services under this Contract, then Engineer shall make
such revisions as requested and as directed by City. Such revisions shall be considered as
additional Engineering Services and paid for as specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are
necessary to correct errors appearing therein, when required to do so by City. No additional
compensation shall be due for such Engineering Services.
C1
ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of
the Engineering Services, or (2) the duration of the Engineering Services. Any such
Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until
the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be
identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no
claim for extra work done or materials fumished until the City authorizes full execution of the
written Supplemental Contract and authorization to proceed. City reserves the right to withhold
payment pending verification of satisfactory Engineering Services performed.
ARTICLE 14
USE OF DOCUMENTS
All documents, including but not limited to drawings, specifications and data or programs
stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer
and its subcontractors are related exclusively to the services described in this Contract and are
intended to be used with respect to this Project. However, it is expressly understood and agreed
by and between the parties hereto that all of Engineer's designs under this Contract (including
but not limited to tracings, drawings, estimates, specifications, investigations, studies and other
documents, completed or partially completed), shall be the property of City to be thereafter used
in any lawful manner as City elects. Any such subsequent use made of documents by City shall
be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City
shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and
expenses, including but not limited to attorneys fees, resulting therefrom.
By execution of this Contract and in confirmation of the fee for services to be paid under
this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal
Copyright Act of 1976 (or any successor copyright statute), as amended, all common law
copyrights and all other intellectual property rights acknowledged by law in the Project designs
and work product developed under this Contract. Copies may be retained by Engineer. Engineer
shall be liable to City for any loss or damage to any such documents while they are in the
possession of or while being worked upon by Engineer or anyone connected with Engineer,
including agents, employees, Engineers or subcontractors. All documents so lost or damaged
shall be replaced or restored by Engineer without cost to City.
Upon execution of this Contract, Engineer grants to City permission to reproduce
Engineer's work and documents for purposes of constructing, using and maintaining the Project,
provided that City shall comply with its obligations, including prompt payment of all sums when
due, under this Contract. Engineer shall obtain similar permission from Engineer's
subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default
of this Contract, City is permitted to authorize other similarly credentialed design professionals
to reproduce and, where permitted by law, to make changes, corrections or additions to the work
and documents for the purposes of completing, using and maintaining the Project.
7.
City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission
granted herein to another party without the prior written contract of Engineer. However, City
shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers
to reproduce applicable portions of the Instruments of Service appropriate to and for use in their
execution of the Work. Submission or distribution of Instruments of Service to meet official
regulatory requirements or for similar purposes in connection with the Project is permitted. Any
unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to
Engineer and its Engineers.
Prior to Engineer providing to City any Instruments of Service in electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City
and Engineer shall by separate written contract set forth the specific conditions governing the
format of such Instruments of Service or electronic data, including any special limitations not
otherwise provided in this Contract. Any electronic Files are provided by Engineer for the
convenience of City, and use of them is at City's sole risk. In the case of any defects in
electronic files or any discrepancies between them and any hardcopy of the same documents
prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed
by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers
subsequent to the completion of the Project. Any such change shall be sealed by the engineer
making that change and shall be appropriately marked to reflect what was changed or modified.
ARTICLE 15
PERSONNEL E UIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of
all Engineering Services, and adequate and sufficient personnel and equipment to perforin the
Engineering Services as required. All employees of Engineer shall have such knowledge and
experience as will enable them to perform the duties assigned to them. Any employee of
Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to
the Engineering Services shall immediately be removed from association with this Contract
when so instructed by City. Engineer certifies that it presently has adequate qualified personnel
in its employment for performance of the Engineering Services required under this Contract, or
will obtain such personnel from sources other than City. Engineer may not change the Project
Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services
under this Contract without prior written approval from City. All subcontracts shall include the
provisions required in this Contract and shall be approved as to form, in writing, by City prior to
Engineering Services being performed under the subcontract. No subcontract shall relieve
Engineer of any responsibilities under this Contract.
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ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to
review or otherwise evaluate the Engineering Services performed or being performed hereunder
and the premises on which it is being performed. If any review or evaluation is made on the
premises of Engineer or a subcontractor, then Engineer shall provide and require its
subcontractors to provide all reasonable facilities and assistance for the safety and convenience
of City or other representatives in the performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City
before any final report is issued. City's comments on Engineer's preliminary reports shall be
addressed in any final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for
termination of this Contract, and any increased costs arising from Engineer's default, breach of
contract, or violation of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by
Engineer to perform the Engineering Services set forth herein in a satisfactory
manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set
forth herein.
(4) By City, for reasons of its own and not subject to the mutual consent of
Engineer, upon not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described
herein.
Should City terminate this Contract as herein provided, no fees other than fees due and
payable at the time of termination shall thereafter be paid to Engineer. In determining the value
of the Engineering Services performed by Engineer prior to termination, City shall be the sole
judge. Should City terminate this Contract under Subsection (4) immediately above, then the
9.
amount charged during the thirty -day notice period shall not exceed the amount charged during
the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this
Contract for fault on the part of Engineer, then City shall give consideration to the actual costs
incurred by Engineer in performing the Engineering Services to the date of default, the amount
of Engineering Services required which was satisfactorily completed to date of default, the
value of the Engineering Services which are usable to City, the cost to City of employing
another firm to complete the Engineering Services required and the time required to do so, and
other factors which affect the value to City of the Engineering Services performed at the time of
default.
The termination of this Contract and payment of an amount in settlement as prescribed
above shall extinguish all rights, duties, and obligations of City and Engineer under this
Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws."
If the termination of this Contract is due to the failure of Engineer to fulfill his/hero`its
contractual obligations, then City may take over and prosecute the Engineering Services to
completion. In such case, Engineer shall be liable to City for any additional and reasonable costs
incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative
issues arising out of any procurements made by Engineer in support of the Engineering Services
under this Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local
Iaws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court,
or administrative bodies or tribunals in any manner affecting the performance of this Contract,
including without limitation, minimum/maximum salary and wage statutes and regulations, and
licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its
compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the
provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all
claims and liabilities due to activities of his/her/itself and his/her/its agents or employees,
performed under this Contract, which are caused by or which result from the negligent error,
10.
omission, or negligent act of Engineer or of any person employed by Engineer or under
Engineer's direction or control.
Engineer shall also save and hold City harmless from any and all expenses, including but
not limited to attorneys fees which may be incurred by City in litigation or otherwise defending
claims or liabilities which may be imposed on City as a result of such negligent activities by
Engineer, its agents, or employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her; -its Engineering Services and
shall promptly make necessary revisions or corrections to its work product resulting from errors,
omissions, or negligent acts, and same shall be done without compensation. City shall determine
Engineer's responsibilities for all questions arising from design errors and/or omissions.
Engineer shall not be relieved of responsibility for subsequent correction of any such errors or
omissions in its work product, or for clarification of any ambiguities until after the construction
phase of a project has been completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering
submissions to City in accordance with the Texas Engineering Practice Act and the rules of the
State Board of Registration for Professional Engineers.
ARTICLE 25
NON -COLLUSION FINANCIAL INTEREST PROHIBITED
(1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any
company or persons, other than a bona fide employee working solely for Engineer, to solicit or
secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer
any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent
upon or resulting from the award or making of this Contract. For breach or violation of this
warranty, City reserves and shall have the right to annul this Contract without Iiability or, in its
discretion and at its sole election, to deduct from the contract price or compensation, or to
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial
interest, direct or indirect, in the purchase or sale of any product, materials or equipment that
will be recommended or required for the construction of a project.
ARTICLE 26
INSURANCE
(I) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the
entire term while this Contract is in effect professional liability insurance coverage in the
minimum amount of One Million Dollars per claim from a company authorized to do insurance
business in Texas and otherwise acceptable to City. Engineer shall also notify City, within
twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or
material change in coverage it receives from its insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or
Iiabilities of Engineer, Engineer shall require each subconsultant performing work under this
Contract to maintain during the term of this Contract, at the subconsultanVs own expense, the
same stipulated minimum insurance required in Article 26, Section (1) above, including the
required provisions and additional policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in
order to assure compliance with the insurance requirements. Engineer must retain the certificates
of insurance for the duration of this Contract, and shall have the responsibility of enforcing these
insurance requirements among its subconsultants. City shall be entitled, upon request and
without expense, to receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation,
non -renewal or reduction in limits by endorsement a notice thereof shall be given
to City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage
currently held by City, to any such future coverage, or to City's Self -Insured
Retentions of whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and
maintained by Engineer shall be borne solely by Engineer, with certificates of insurance
evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance
are evidenced as Exhibit D herein entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
12.
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer
any interest in this Contract, in whole or in part, by operation of law or otherwise, without
obtaining the prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity,
illegality or unenforceability shall not affect any other provision thereof and this Contract shall
be construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any
prior understandings or written or oral contracts between the parties respecting the subject
matter defined herein. This Contract may only be amended or supplemented by mutual
agreement of the parties hereto in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to this Contract, and records of accounts between City and Engineer,
shall be kept on a generally recognized accounting basis and shall be available to City or its
authorized representatives at mutually convenient times. The City reserves the right to review
all records it deems relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally
delivered or mailed to such party at the following respective addresses:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
13,
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Shay Roalson, P.E.
Vice President
4401 West Gate Boulevard, Suite 400
Austin, TX 78745
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence
and that any failure of Engineer to complete the Engineering Services for each phase of this
Contract within the agreed Work Schedule may constitute a material breach of this Contract.
Engineer shall be fully responsible for his/her/its delays or for failures to use his/her."its
reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of
performance as defined herein. Where damage is caused to City due to Engineer's negligent
failure to perform City may accordingly withhold, to the extent of such damage, Engineer's
payments hereunder without waiver of any of City's additional legal rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this
Contract if prevented from performing any of their obligations hereunder by reasons for which
they are not responsible or circumstances beyond their control. However, notice of such
impediment or delay in performance must be timely given, and all reasonable efforts undertaken
to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock,
Williamson County, Texas, and if legal action is necessary by either party with respect to the
enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in
Williamson County, Texas. This Contract shall be governed by and construed in accordance
with the laws and court decisions of the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession
practicing under the same or similar circumstances at the same time and in the same locality.
Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under
this Contract or otherwise, in connection with the Engineering Services.
(5) Opinion of Probable Cost. Any opinions of probable project cost or probable
construction cost provided by Engineer are made on the basis of information available to
Engineer and on the basis of Engineer's experience and qualifications and represents its
14.
judgment as an experienced and qualified professional engineer. However, since Engineer has
no control over the cost of labor, materials, equipment or services furnished by others, or over
the contractor(s') methods of determining prices, or over competitive bidding or market
conditions, Engineer does not guarantee that proposals, bids or actual project or construction
cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action
to be based upon opinion, judgment, approval, review, or determination of either party hereto,
such terms are not intended to be and shall never be construed as permitting such opinion,
judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the
signatory is an officer of the organization for which he:`she has executed this Contract and that
he/she has full and complete authority to enter into this Contract on behalf of the firm. The
above -stated representations and warranties are made for the purpose of inducing City to enter
into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be
signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer,
signing by and through its duly authorized representative(s), thereby binding the parties hereto,
their successors, assigns and representatives for the faithful and full performance of the terms
and provisions hereof.
CITY OF ROUND ROCK, TEXAS
ATTEST:
AAP ZgVED AS TO FORM:
Stepha L. Sheets, City Attorney
By:ff�4
rk��{ C� clerk
HDR ENGINEERING, INC.
f —
15_
LIST OF EXHIBITS ATTACHED
(I) Exhibit A City Services
(2) Exhibit B Engineering Services
(3) Exhibit C Fee Schedule
(4) Exhibit D Certificates of Insurance
EXHIBIT A
City Services
The City of Round Rock will furnish to the Engineer the following items; information:
• Designate a person to act as City's representative with respect to the services to be
performed or furnished by the Engineer. This representation will have authority to
transmit instructions, receive information, interpret and define City's policies and
decisions with respect to engineering services.
• Provide all criteria and full information as to City's requirements for the Task, including
as -built, wastewater demands and any other information necessary.
• Assist Engineer by placing all available information pertinent to the Task, including
previous reports and any other data relative to the ultimate project if available to the
City and necessary for the Engineer to complete the task.
EXHIBIT B
Engineering Services
Engineering Services to be provided:
• This contract is to perform miscellaneous engineering tasks on an "as needed"
basis for immediate tasks deemed necessary by the CORR Staff.
• These services may include but are not limited to the following activities: Analysis of
existing system, future demands with respect to capacity analysis and improvements,
preliminary cost estimates and analysis of flow monitoring date.
These tasks will be issued and accounted for via a "Work Order' system. Individual
requests for engineering will be proposed and fees agreed upon before issuance of the
work order.
Each Engineering Services task will be authorized by a separate written Notice to Proceed.
EXHIBIT C
Fee Schedule
Classification Salary Rates
Principal
$255
Project Manager
$170
Senior Engineer/Modeler
$215
Project Engineer 11
$170
Project Engineer I
$140
Graduate Engineer
$110
Senior Engineering Tech.
$150
CADD/GIS Technician
$100
Admin/Clerical
$90
EXHIBIT D
Certificate of Insurance
Attached Behind This Page
cmbp CERTIFICATE OF LIABILITY INSURANCE
DATE (MM;DDrffYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTCOVERAGE AFFOS UPON THE CERTIFICA611/2018RDED T THE POLICIES
2/7/2018
TE HOLDER- THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING I RDED (S], AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the p011cy(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 LOckton Companies NTA T
NAME:
444 W. 47th Street, Suite 90a PHONE
Kansas City MO 64112-1906 tata.,,c.J<at> FAX No1:
(8I6) 960-9(9)11 ADDRESS:
INSURED HDR ENGINEERING, INC.
1429583 8404 INDIAN IEIILLS DRIVE
OMAI IA NE 681144049
INSURERS:
— -• --• .. � .vnwcn. I ] ! VzJ3 REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS.
R TYPE OF INSURANCE wan00-(,1$11,.' POLICY NUMaER M CDIYYYY T uU� F
LIMITS
COMMERCIAL GENERAL LIABILITY I
I
NC}TAPPI ICAB[ F 1
In CLAIMS -MADE J OCCUR I-DAI
L AGGREGATE LIMIT APPLIES PER!
POLICY PRO-
JECT LOC
AUTOMOBILE UABILITY
$ XXXXXXX
$ xxxxxxx
NOT APPI.ICABL E:
ANY AUTO
PERSONAL 8 ADV INJURY
S XXXXXXX
O'IANED SCHEDULED
I s XXXXXXX
PRODUCTS - COMPIOP AGG
AUTOS
AUTOS ONLYPAUT05ONLY
S XXXXxxx
S
HIRED NON -OWNED
s XXXXXXX
AUTOS ONLY
E L EACH ACC DENT
UMBRELLA UAB Ll OCCUR
E L DISEASE EA EMPLOYE
NO i AYPLICAN I-.
EXCESS UAB CLAIMS -MADE
S XXXXXXX
PFR CLAIM $1,000,000
OED RETENTIONS
WORKERS COMPENSATION
NO i APPI ]CAB-, L
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVE YIN
OFFICERIMEMBEREXCLUDED?
NJA
IMandstary In NH)
It ves. describe under
A j ARCH & ENG + N I N 1061853691
PRoFrSSiONAL I 1
LIABILITY
611!2017 6:'1.,+(,518
EACHGCCURRENCE
PREMSEES(E erre ce
$ XXXXXXX
$ xxxxxxx
MED EXP (Any one oemonl
S XXXXXXX
PERSONAL 8 ADV INJURY
S XXXXXXX
GENERAL AGGREGATE
I s XXXXXXX
PRODUCTS - COMPIOP AGG
s xxxxxxx
S XXXXxxx
S
MBINED SIN LE LIMIT
Ea aCgdenl s xxxxxxx
BODILY INJURY (Per peracn;,
$ xxxxxxx
BODILY.NJURY(Peracc,denl)
S XXXXXXX
PROPERTY DAMAGE Pm a
wden!
$xxxxxxx
xxxxxxx
EACH OCCURRENCE
S XXXXxxx
AGGREGATE
S XXXXXXX
s XXXXXXX
PER
STATUTE ERH
E L EACH ACC DENT
S XXXXXXX
E L DISEASE EA EMPLOYE
S XXXXXXX
EL DISEASE . POLICY LIMIT
S XXXXXXX
PFR CLAIM $1,000,000
AGGREGAII: S1,0013.000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 1411, AddNfonst Remarks Schedule, may be attached Ir more space Is req ubedI
PROVIDE ENGINEERING CLARIFICAi'ION & WASTLWA11-R MODELING SERVICLS BASrD ON TI f "2015 WASTEWATER MASTER PLAN UPDATE " 30
DAYS NOTICE OF CANCELLATION APPLIES, 10 HAYS NOTICE FOR NON-PAYMENT OF PREMIUM.
15999235
City of Round Rack
Attention: Chris Perkins, P.E.
2408 Enterprise Drive
Round Rock TX 78664
ACORD 25 (2016103)
SHOULD ANY OF THE A80VE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED
Lit
S ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Page 1 of 2
CERTIFICATE OF LIABILITY INSURANCEP02/07/2018
ATEIMMroDIYYYY)
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 1S 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 CONTACT—
Willis
NTA TWillis of Minnesota, Inc. NAME°
9
877-45-7376
iALC4h
PHONE
d4
c/o 26 Century Blvd o,f:tiS}; 1-�yA_C=NaEc 1-888-467-2378
P.O. Box 305191 E-MAIL certi!lcatea2willis.aom
ADD ESS:
Nashville, TN 372305191 USA INSURER)SiAFFORDING COVERAGE NAIC9
INSURERA: Liberty Mutual Fire Insurance Company 23035
INSURED INSURER 9 ; Liberty Mutual Insurance Company 23043
SDA Engineering, Inc, _
8404 Indian Hills Drive INSURER C. i
Otaaha, NE 68114
INSURER 0:
INSURER E.:
INSURER F
COVERAGES CERTIFICATE NUMBER: U5242377 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
NSR1 IAD5W1W T am M_v ccs
TYPE OF INSUCE
AAN
TR
X I COMMERCIAL GENERAL LIAINUTY
CLAIMS -MADE X OCCUR
A XH
tractual Liability
GEN'L AGGREGATE: LIMIT APPLIES PER
POLICY X JECT X LOC
AUTOMOBILELIABILITY
X ANYAUTO
A OWNED^ SCHEDULED
AUTOSONLY H AUTOS
HIRED NON•OWNED
AUTOS ONLY AUTOS ONLY
Y I Y I TB2-641-444950-037
_ I Y I A82-641-444950-047
B X UMBRELLALIAB X OCCUR
EXCESS UAa CLAIMS -MADE T = T117-641-444950-067
DEO RETENTION$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
B ANYPROPRIETORIPARTNERIEX$CUTIVE
OFFICERIMEMBEREXCLUDED? Nc NIA 7 MA7-64D-444950-017
(Mandatory In NH)
If vet, dasci under
06/01/2017 06/01/2011
06/01/2017106/01/201E
06/01/201706/01/20111
01/201706/01/2018
DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (ACORD 101, Addltlanal Remarks Schedule, may be attached Of more spice Ie required)
Certificate Holder is named as Additional Insured on General Liability, Automobile Liability and Umbrella/Excess
Liability on a Primary, Non-contributory basis where required by written contract. Waiver of Subrogation applies on
General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation where required by written
contract. Umbrella/kxcess policy is Follows Form over General Liability, Auto Liability and Employers Liability.
EACH OCCURRENCE
E
2,000,000
-OAMACt TO-RERT0
PREM{5EtLks occurrence
MED EXP fAny one Ferean)
$
1
1, 000, 000
10,000
PERSONAL& ADV INJURY
$
2,000,000
GENERALAGGREGATE
IS
4,000,000
PRODUCTS COMP.'OPAGG
S
4,000,000
COE
En aBer+ e t SINGLE LIMfT 5 2,000,000
BODILY INJURY (Per person)
S
BODILY INJURY (Per amdent)
S
PROPERTY DAMAGE
Per aedder
S
EACH OCCURRENCE
S
is
5,000,00
AGGREGATE
$
5,000,000
X P7A ORH-
3
E L EACH ACCIDENT S
EL DISEASE EAEMPLOYEE $
1,000,000
1,000,000
E L DISEASE POLICY LIMIT
S
I, _000' 000
Re: Provide Engineering Clarification 6 Wastewater Modeling Services based on the 112015 Wastewater Master plan
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
Attn: Chris Perkins, P.E. AUTHORIZED REPRESENTATIVE
2008 Enterprise Drive L•
Round Rock, TX 78664 le- 9. pr/�
®1988-2015 ACORD CORPORATION, All rights
ACORD 25 (201W03) The ACORD name and logo are registered marks of ACORD
4k r0: 15623753 HATcu: 597296
AcvRE)
k.�—
AGENCY
Willie of Minneaota, Inc.
POLICY NUMBER
See Page 1
AGENCY CUSTOMER ID:
LOC #:
ADDITIONAL REMARKS SCHEDULE
-- NAMED INSURED
HDR anginearing, Inc.
8404 Indian Hxll■ Drive
ICmaha, NE 68114
CARRIER T NAIC COD_
gee Page 1 See Page 1 0 EIVECTIVE DATE: sae Page 1
Page 2 of 2
__.,_._.�_.,.....i ®ZU05ACORDCORPORATION. All rights reserved.
The ACORD name and logo are m Istered marks of ACORD
9R ID: 15623753 &ITCH: 5296 QLRT: W5242577
Policy Number. T82.641-444954-037
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED LOCATION(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Location(s):
A!1 locations owned by or rented to the Named Insured
Information
this Schedule, if not shown
A. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under Section I — Coverage A, and for all
medical expenses caused by accidents under
Section I — Coverage C, which can be attributed
only to operations at a single designated "loca-
tion" shown in the Schedule above:
1. A separate Designated Location General
Aggregate Limit applies to each designated
"location", and that limit is equal to the
amount of the General Aggregate Limit
shown in the Declarations.
2. The Designated Location General Aggregate
Limit is the most we will pay for the sum of all
damages under Coverage A. except damag-
es because of "bodily injury" or "property
damage" included in the "products -completed
operations hazard", and for medical expenses
under Coverage C regardless of the number
of:
a. Insureds,
will be shown in the Declarations
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
3. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the Designated Loca-
tion General Aggregate Limit for that desig-
nated "location". Such payments shall not re-
duce the General Aggregate Limit shown in
the Declarations nor shall they reduce any
other Designated Location General Aggre-
gate Limit for any other designated 'location"
shown in the Schedule above.
4. The limits shown in the Declarations for Each
Occurrence, Damage To Premises Rented To
You and Medical Expense continue to apply.
However, instead of being subject to the
General Aggregate Limit shown in the Decla-
rations; such limits will be subject to the appli-
cable Designated Location General Aggre-
gate Limit.
CG 25 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 2
B. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under Section I — Coverage A, and for all
medical expenses caused by accidents under
Section I — Coverage C, which cannot be at-
tributed only to operations at a single designated
"location" shown in the Schedule above:
1. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products -completed Operations Aggregate
Limit, whichever is applicable; and
2. Such payments shall not reduce any Desig-
nated Location General Aggregate Limit.
C. When coverage for liability arising out of the
"products -completed operations hazard" is pro-
vided, any payments for damages because of
"bodily injury" or "property damage" included in
the "products -completed operations hazard" will
reduce the Products -completed Operations Ag-
gregate Limit, and not reduce the General Ag-
gregate Limit nor the Designated Location Gen-
eral Aggregate Limit.
D. For the purposes of this endorsement, the Defi-
nitions Section is amended by the addition of
the following definition:
"Location" means premises involving the same or
connecting lots, or premises whose connection is
interrupted only by a street, roadway, waterway
or right-of-way of a railroad.
E. The provisions of Section ill — Limits Of Insur-
ance not otherwise modified by this endorsement
shall continue to apply as stipulated.
Page 2 of 2 ® Insurance Services Office, Inc., 2008 CG 26 04 06 09
Policy Number. TB2-641-444958-037
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Construction Project(s):
All construction projects not located at premises owned, leased or rented by a Named Insured
Information required to complete this Schedule, if not
A. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under Section I — Coverage A, and for all
medical expenses caused by accidents under
Section I — Coverage C, which can be attributed
only to ongoing operations at a single designated
construction project shown in the Schedule
above:
1. A separate Designated Construction Project
General Aggregate Limit applies to each des-
ignated construction project, and that limit is
equal to the amount of the General Aggregate
Limit shown in the Declarations.
2. The Designated Construction Project General
Aggregate Limit is the most we will pay for the
sum of all damages under Coverage A, ex-
cept damages because of "bodily injury" or
"property damage" included in the "products -
completed operations hazard", and for medi-
cal expenses under Coverage C regardless of
the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
will be shown in the Declarations.
3. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the Designated Con-
struction Project General Aggregate Limit for
that designated construction project. Such
payments shall not reduce the General Ag-
gregate Limit shown in the Declarations nor
shall they reduce any other Designated Con-
struction Project General Aggregate Limit for
any other designated construction project
shown in the Schedule above.
4. The limits shown in the Declarations for Each
Occurrence, Damage To Premises Rented To
You and Medical Expense continue to apply.
However, instead of being subject to the
General Aggregate Limit shown in the Decla-
rations, such limits will be subject to the appli-
cable Designated Construction Project Gen-
eral Aggregate Limit.
CG 25 03 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 2 I7
B. For all sums which the insured becomes legally C.
obligated to pay as damages caused by "occur-
rences" under Section I — Coverage A, and for all
medical expenses caused by accidents under
Section I — Coverage C, which cannot be at-
tributed only to ongoing operations at a single
designated construction project shown in the
Schedule above.
1. Any payments made under Coverage A for
damages or under Coverage C for medical D.
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products -completed Operations Aggregate
Limit, whichever is applicable; and
2. Such payments shall not reduce any Desig-
nated Construction Project General Aggre-
gate Limit. E.
When coverage for liability arising out of the
"products -completed operations hazard" is pro-
vided, any payments for damages because of
"bodily injury" or "property damage" included in
the "products -completed operations hazard" will
reduce the Products -completed Operations Ag-
gregate Limit, and not reduce the General Ag-
gregate Limit nor the Designated Construction
Project General Aggregate Limit.
If the applicable designated construction project
has been abandoned, delayed, or abandoned
and then restarted, or if the authorized contract-
ing
ontracting parties deviate from plans, blueprints, de-
signs, specifications or timetables, the project will
still be deemed to be the same construction pro-
ject.
The provisions of Section III — Limits Of Insur-
ance not otherwise modified by this endorsement
shall continue to apply as stipulated.
Page 2 of 2 0 Insurance Services Office, Inc., 2008 CG 26 03 05 09
POLICY NUMBER: TB2-641-444950-037
COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after.
I. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
CG 2010 0413 01SO Properties, Inc., 2012 Page 1 of 2 [3
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Any person or organization with whom you have
agreed, through written contract, agreement or
permit to provide additional insured coverage.
Information required to complete this Schedule, if not shown
will be
101
in the Declarations.
CG 2010 0413 0 Insurance Services Office, Inc., 2012 Page 2 of 2
POLICY NUMBER: TB2-641-444960-037
COMMERCIAL GENERAL LIABILITY
CG 20 37 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Or anization s
Location And Description Of Completed Operations
Any person or organization to whom or to which
you are required to provide additional insured
status In a written contract, agreement or permit
except where such contract or agreement Is
prohibited.
Any location where you have agreed, through
written, contract, agreement or permit, to provide
additional insured coverage for completed
operations.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II -- Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products -completed operations
hazard".
However.
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
CG 20 37 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1
Policy Number TB2-641444950-037
Issued by
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OTHER INSURANCE AMENDMENT — SCHEDULED ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
Schedule
Person or Organization: Where required by written contract
If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or
any other basis for any person or organization shown in the Schedule of this endorsement that qualifies as an
additional insured on this policy, this policy will apply solely on the basis required by such written agreement and
Paragraph 4. Other Insurance of Section IV - Conditions will not apply. If the applicable written agreement does
not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of
Section IV - Conditions will govern. However, this insurance is excess over any other insurance available to the
additional insured for which it is also covered as an additional insured by attachment of an endorsement to another
policy providing coverage for the same "occurrence". claim or "suit".
LC 24 20 02 13 0 2013 Liberty Mutual Insurance. All rights reserved. Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission,
POLICY NUMBER' AS2-641-444950-047
COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE: FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage
under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage
provided in the Coverage Form.
SCHEDULE
Name Of Person(s) Or Organization(s):
As required by written contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies
as an "insured" under the Who Is An Insured
provision contained in Paragraph A.1. of Section II —
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of Section 1 — Covered Autos
Coverages of the Auto Dealers Coverage Form.
CA 20 48 1013 0 Insurance Services Office, Inc., 2011 Page 1 of 1
Policy Number: AS2-641-944950-047
Issued by: Liberty Mutual Fire Insurance Co.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED - NONCONTRIBUTING
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIERS COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured
Provision of the Coverage Form. This endorsement does not alter coverage provided In the Coverage form.
Schedule
Name of Person(s) or Organizations(s):
Any person or organization where the Named Insured has agreed by written
contract to include such person or organization
Regarding Designated Contract or Project:
Any
Each person or organization shown in the Schedule of this endorsement is an "Insured" for Liability Coverage, but
only to the extent that person or organization qualifies as an 'insured" under the Who Is An Insured Provision
contained in Section II of the Coverage Form
The following's added to the Other Insurance Condition:
If you have agreed in a written agreement that this policy will be primary and without right of contribution
from any insurance In force for an Additional Insured for liability arising out of your operations, and the
agreement was executed prior to the "bodily injury" or "property damage", then this Insurance will be
primary and we will not seek contribution from such insurance.
AC 84 23 8811 m 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
POLICY NUMBER: T82-641-444950-037
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization: As required by written contract or agreement
Information required to complete this Schedule, if not shown above, will be shown in the Declarations
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products -
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
CG 24 04 05 09 ® Insurance Services Office, Inc., 2008 Page 1 of 9
POLICY NUMBER. AS2-641444950-047 COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
SCHEDULE
Names) Of Person(s) Or Organization(s):
Any person or organization for whom you perform work under a written contract of the contract requires you to
obtain this agreement from us but only if the contract is executed prior to the injury or damage occurring.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior
to the "accident" or the "loss" under a contract with
that person or organization.
CA 04 44 10 13 ® Insurance Services Office, Inc., 2011 Page 1 of 1
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Where required by contract or written agreement prior to loss.
Issued by:
For attachment to Policy No
a
Issued to:
WC 00 0313
Ed. 411/1984
WA7-64DA44950-017
Effective Date 6/01/2017
01983 National Council on Compensation Insurance, Inc.
Premium
Page 1 of 1
Policy Number TB2-641-444950-037
Issued by
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO THIRD PARTIES
This endorsement modifies insurance provided under the following
BUSINESS AUTO COVERAGE PART
MOTOR CARRIER COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART
SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
COMMERCIAL LIABILITY -- UMBRELLA COVERAGE FORM
Schedule
Name of Other Person(s) 1
Organization(s);
Email Address or mailing address:
Number Days Notice:
Per Schedule on File with Broker
30 Days
A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or
organizations shown in the Schedule above. We will send notice to the email or mailing address listed above
at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no
event does the notice to the third party exceed the notice to the first named insured.
B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to
provide such advance notification will not extend the policy cancellation date nor negate cancellation of the
policy.
All other terms and conditions of this policy remain unchanged.
LIM 99 0105 11 0 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with
its permission.
Policy Number AS2-641-444950-047
Issued by
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO THIRD PARTIES
This endorsement modifies insurance provided under the following
BUSINESS AUTO COVERAGE PART
MOTOR CARRIER COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART
SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
COMMERCIAL LIABILITY — UMBRELLA COVERAGE FORM
A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or
organizations shown in the Schedule above. We will send notice to the email or mailing address listed above
at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no
event does the notice to the third party exceed the notice to the first named insured.
B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to
provide such advance notification will not extend the policy cancellation date nor negate cancellation of the
policy.
All other terms and conditions of this policy remain unchanged
LIM 99 0105 11 ® 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with
its permission.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 20 74
Ed. i2i6j
NOTICE OF CANCELLATION TO THIRD PARTIES
A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or
organizations shown in the Schedule below by email as soon as practical after notifying the first Named
Insured.
B. This advance email notification of a pending cancellation of coverage is intended as a courtesy only.
Our failure to provide such advance notification will not extend the policy cancellation date nor negate
cancellation of the policy.
SCHEDULE
Name of Other Person(s) / Organization(s):
Per Schedule on file with Company 30 Days
All otherterms and conditions of this policy remain unchanged.
Issued by
For attachment to Policy No. WA7-64D-444950-017 Effective Date 6/01/2017 Premium $
Issued to
Will isTowers Watson 1.1'1" 1■1
Global Certificate Center
Effective June 1, 2017 HDR will have two separate insurance brokers.
Lockton will remain HDR's insurance broker for professional liability only.
Willis Towers Watson will be HDR's new broker for.-
1.
or:
1. General liability
2. Automobile Liability
3. Workers Compensation
4. Property/Equipment
If professional liability is required by the contract documents provided in the insurance request, we
will forward the information to Lockton for processing.
Please direct all questions regarding certificates of Insurance to HDR's insurance manager, Matthew
Peterson by email at MPeterson@HDRlnc.com or by phone at (402)399-1499.
Regards,
Willis Towers Watson Certificate Center
Phone: 877-94S-7378
Fax: 888-467-2378
Email: certificates@willis.com
City of Round Rock
JiROUNO; c" Agenda Item Summary
Agenda Number:
Title: Consider executing a Contract for General Wastewater Engineering
Services (2018-2019) with HDR ENgineering, Inc.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/2/2018
Dept Director: Michael Thane, Director of Utilities and Environmental Services
Cost: $40,000.00
Indexes: Self -Financed Wastewater Construction
Attachments: LAF- Contract for General WW Engineering Services (2018-19) w -HDR
Engineering (00395586xA08F8).pdf, ESC w- HDR Engineering- General
WW Engineering Services (2018-2019) (00395553xA08F8).pdf
Department: Utilities and Environmental Services
Text of Legislative File CM -20184650
Consider executing a Contract for General Wastewater Engineering Services (2018-2019)
with HDR ENgineering, Inc.
This contract for professional engineering services is with HDR Engineering, Inc. to
provide wastewater consulting services to the City on an "as -needed" basis. Tasks include
but are not limited to the analysis of the exisiting wastewater system, capacity analysis
based on system changes, future demands evaluation, preliminary cost estimates, and
analysis of flow monitoring data.
These consulting services will be issued and accounted for via a "Work Authorization"
system and billed for time and materials to the various Utility Capital Improvement
Projects. For each task, the City will reveive a proposal from HDR and once the estimated
fees are agreed upon, the City will issue a work order. The contract has a scheduled
completion date of December 31, 2019 and the amount is not to exceed $40,000.
Cost. $40,000
Source of Funds: Self -Financed Wastewater Construction
Clfy o! Round Rock Page 1 Printed an 3/112018