CM-2019-0076 - 3/22/2019ROUND ROCK. TEXAS
PURPOSE F+F SMN M-4PER:diY
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: HDR ENGINEERING, INC. ("Engineer")
ADDRESS: 810 Hesters CrossinE, Suite 120, Round Rock, TX 78681
PROJECT: City of Round Rock Library Assessment
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
114JS GONTRA ORf NGINEERING SERVICES ("Contract") is made and entered into on
this theay of , 2019 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:
Pnginccring Services Contract Rev. 04."13
00418569.`ss2 00192831
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 not be required to perform any services as stated 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 the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
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. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not perform the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. 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.
(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
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Fifteen Thousand Two Hundred Fifty and 041100 Dollars ($15.250.04), as shown in
Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental
Contract in the event of change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (l) 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 the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
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 tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and, or omissions resulting from his/her/its
negligence.
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract. grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
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 S
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Aneil Naik
Development Construction Manager
212 Commerce Cove
Round Rock, TX 78664
Telephone Number (512) 671-2753
Email Address anaik roundrocktexas.aov
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.
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 project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
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, andior 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, her'sheiit 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.
ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization 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.
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
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at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and
any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed
copies of documents conveyed by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers subsequent
to the completion of the Project. Any such change shall be sealed by the engineer making that change
and shall be appropriately marked to reflect what was changed or modified.
ARTICLE 15
PERSONNEL EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager 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.
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.
(l) 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.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above, then the amount charged during the thirty -day notice period shall not exceed the amount charged
during the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the reasonable and necessary cost to City of employing another firm to
complete the Engineering Services required and the time required to do so, and other factors which
affect the value to City of the Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his,'her'its contractual obligations, then City may take
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over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum!maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall famish City with satisfactory proof of his/her/its compliance.
In accordance with Chapter 2270, Texas Government Code, a governmental entity may not
enter into a contract with a company for goods and services unless the contract contains written
verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of this contract. The signatory executing this Agreement on behalf of Engineer verifies
Engineer does not boycott Israel and will not boycott Israel at any term of this Agreement.
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/henits agents or employees, performed under this
Contract, which are caused by or which result from the negligent error, 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 reimbursement of reasonable attorney's 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.
t0
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 the 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 heishe/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
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 the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and
otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of
any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non-
renewal or any material change in coverage, and such notice thereof shall be given to
City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self -Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled "Certificates of insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the 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.
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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 the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
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
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Engineer:
HDR Engineering, Inc.
810 Hesters Crossing, Suite 120
Round Rock, TX 78681
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 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
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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
By:
aerie Hadley, tity Manager
APP 1 D AS TO FOM:
AStephanSheets, City Attorney
HDR GINE I NC.
By:
ignature of ci al
Printed Name:[�E-
15
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(S) Exhibit E Certificates of Insurance
a
EXHIBIT A
City Services
(None Specified
EXHIBIT B
H)2
The intent of this scope is to perform a condition assessment of the City of Round
Rock Library Building located at 216 E Main St.
We Understand that the City of Round Rock (CoRR) is seeking a determination of
the current condition of the existing library building as it may relate to the possibility
of the building being functionally repurposed. The intended use is unknown at this
time. Based on our cursory review of the drawings made available to HDR, we
propose to execute the work in iterative phases. Each phase will be progressive
and the costs for the following phase will be determined by the prior phase. Costs
for each phase will be provided in a not -to -exceed (NTE) format for review and
approval by client prior to the start of work. The proposed phases are the following;
Phase One
Phase objectives:
• Summarize findings of the condition assessment site visit.
• Identify deficiencies that are apparent via visual and tactile observation
methods.
• Delineate relevant program information provided by Client concerning re-
purposing of building.
• Provide general opinions concerning conditions observed.
• Delineate the above in a written report.
• Determine the scope content and NTE fee for Phase Two.
• Phase One to include one (1) site visit, one (1) teleconference to review
initial observations, & one (1) teleconference to review written final report
and to discuss comments and phase alternatives/recommend courses of
action.
• Proposed duration of Phase One: Twenty (20) business days from notice to
proceed to delivery of report
hdrinc.com
810 #festers Crossing Su to 120, Round Rock TX 78681
T 512.685 2900
Texas Reg stered Eng neer ng Firm F-754
Phase Two
Phase objectives:
• Establish recommended courses of action specific to observed conditions
that may require investigation to an appropriate level, as it may relate to the
condition of the building.
• Establish recommendations for further investigation, if deemed necessary,
based on results of condition assessment.
• Include one (1) site visit, one (1) teleconference to review initial
observations, one (1) teleconference to review draft report, & one (1)
teleconference to review written final report and to discuss comments and
phase altemativeslrecommended courses of action.
• Determine the specific phase scope content, schedule, and NTE fee for
Phase Three.
Phase Three
Phase objectives:
• Make final determinations relevant to the general condition of the building.
• Include calculations and drawings, as required to describe the above.
• Include a ROM cost estimate.
• Be sealed by a professional engineer.
• Determine the specific phase scope content, schedule, and NTE fee for
Phase Four.
Phase Four
Phase objectives:
• Build on the previous three phases' information to develop a structural
analysis to determine the viability of partially demolishing the existing
building and repurposing a portion of the site for a structured parking
garage.
• Likely be developed in several subphases to be determined.
• Determine the specific phase scope content, schedule, and NTE fee for
Phase Five.
Phase Five
Phase objectives:
Facilitate courses of action selected by Client as recommended by HDR. This
phase will conclude with a written report. The written report will-
• Delineate determinations concerning relevant information yielded from
specific courses of action exercised.
• Consider findings and recommendations as result of Phases 3 and 4.
• Include appropriately detailed resultant information per course of action,
• Provide detailed, broken down ROM estimate.
• Be sealed, as required, by a professional engineer.
Clarifications:
The above phases and written reports will not:
• Include any investigation requiring materials testing, floor levelness
surveying, or geotechnical subsurface exploration.
• Include any investigation that requires entry into confined spaces
(attics/crawl spaces).
Include any investigation that requires any demolition to existing facilities or
building components.
Include any deficiencies or recommendations specific to the future proposed
program minglusage of the library building, as the programming/usage is
currently unknown.
Should any of the above investigations be required, HDR Inc. will provide
assistance in preparing proposals for such work by independent third parties
on an hourly basis per the attached hourly rate schedule.
Assumptions:
• The library building is safe to enter for the condition assessment, and there
are no hazardous risks associated with entry into the building. (If unsafe or
hazardous conditions are encountered during the condition assessment, the
assessment may be rescheduled until after conditions are mitigated.)
• Scope is approximated for Phases 2 -- 5. Specific scope for following
phases will be determined by preceding phase(s) and in discussion with
client.
EXHIBIT C
Work Schedule
PHASE I
Phase I shall be completed within twenty (20) business days from the issuance of the Notice to Proceed.
A schedule for additional phases will be determined by the City based upon the Phase I findings.
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EXHIBIT E
Certificates of Insurance
Attached Behind This Page
Page 1 of 2
ACORtr CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDUTY"
01/09/2019
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 INSURERS), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) 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
lhls certlflcate does not confer ri hts to the eartiflcate holder In lieu of such andarsement s .
PRODUCER
POLICYNUMBER
Willis Towers Watson Midwest, Inc, fka Willis of Minnesota, Ina
c/o 26 Century Blvd
POLICY ERP
PHONE 1-877-945-7376 FAIL 1 -BBs -467-2378
MAIL cortifiaatee@willia.eam
P.O. Bax 305191
Naahville, TH 372305191 USA
["SUR -MIS) AFFOROINGCOVERAGE MAIC0
INSURER A• Liberty Mutual rico insurance Company 23035
INSURED
HDR tngiewrinq, Inc.
INSURERS: Liberty Ineurance Corporation 42404
INSURER C:
1911 South 67th Street
Omaha, HE 66106
INSURER 0-
INSURERS.
T62-641-444950-036
INSURER F:
06/01/2019
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 BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPEOFINSURANCE
AML
SUM
POLICYNUMBER
POLICY EFF
POLICY ERP
LISIn'8
X COMMERCUILGENEAALLIABILITY
CLAIMS -MADE a OCCUR
EACH OCCURRENCE S 2.000,000
s 1,000,000
A
X Contractual Liability
Y
Y
T62-641-444950-036
06/01/2018
06/01/2019
MEG EXP ft one Dana,1 i 10,000
PERSONAL 6ADV INJURY ! 2,000,000
GENL AGGREGATE LIMIT APPLIES PEA:
POLICY � JPECT � LOC
GENERAL AGGREGATE S 4.000,000
PRODUCTS -COMPMPAGG S 4,000,000
S
OTHER
AUTOMOSILELIABILITY
SR40LE LIMIT$ 2,000,000
A
X ANYAUTO
Y SCHEDULED
AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
Y
7
AS2-641-444950-048
06/01/2910
06/01/2019
BODILY INJURY (Par pomm) S
BODILY INJURY (Persetldsnlj S
PROPERTY DAMAGE f
S
a
X
WtaRELJAIIAB X
OCCUR
EACHOCCURRENCE S 5,000,000
EXCESSLIAB
CLAIMS•mcrm
Y
Y
T117-641-444950-060
06/01/2010
06/01/2019
AGGREGATE S 5,000,000
DEO I I RFTENTIONS
S
3
WORKERS COMPENSATION
AND EMPLOYERS'LIAMLSY YIN
ANYMTOPRPETDPJPARIrNSFVEXECUTNE Ho
OFFlCERAIEMBEREXCLUDEQ7
{Msn.dozo wun
IIys�. dsaalhe under
OESCRIPnON OF OPERATIONS 6abw
NIA A
Y
ia17-64D-444950-019
06/01/2018
06/01/2019
X AT
E.L EACH ACCIpENT S 1,000,000,
F-LDISEASE -EA EMPLOYEE $ 1,000,000
F DISEASE- POUCV LIMIT S 1,000,000
-........ ....... _...,.,....,...,. --------- -- I p.,. un, nuamaan namarRa acaaours, may Ca srgaRee if mon apses Is rogWrae)
Certificate Holder is named as Additional insured on General Liability, Automobile Liability and Umbrella/Excoss
Liability an a Primary, Non-contributory basis where required by written contract. Waiver of Subrogation applies on
Caneral Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation whore required by written
contract. Umbralla/Excess policy is Sollows Form over General Liability, Auto Liability and Employers Liability.
Project: Proposal for the City of Round Rock Downtown Library. Mr. Naik in requesting NDR'a certificate to be sent
City of Round Rock
Attn: Ancil Naik
301 W. Bagdad
Suite 140
Round Rock, TX 78664
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
019811.2016 ACORD CORPORATION. All rights reserved.
ACURO 25 (ZO15103) The ACORD name and logo are registered marks of ACORD
SR 102 17381143 aATG4: 1017581
AGENCY CUSTOMER ID:
LOC N:
.4 ADDITIONAL REMARKS SCHEDULE
Page _ z of 2
AGENCY
NAMED INSURED
RLLli■ TG"re Mataan Hidwnwt. Ina Ek. Mlllia aC Hinneeatao Ina
Hca angineering, Ina
1911 South 67th Street
Omaha, HE 66146
POLICY NUMBER
See page 1
CARRIER MAIC CGDE
see Page 1 See page 1 I
EFFECTIVE DATE: See Page 1
THIS ADDITIONAL REMARKS FORM 15 A SCHEDULE TO ACORD FORM,
FORM NUMBER: 28 FORM TITLE; Certificate or Liability Inaurance
with the proposal.
ACORD 101
® 200B ACORD CORPORATION. All rlahts reserved.
The ACORD name and logo are registered marks of ACORD
SR ID: 17381143 BATCH: 1017581 CERT: W9909791
ACOR17' CERTIFICATE OF LIABILITY INSURANCE 6!1/2019
DATEtMUMDIYYYYI
1 I/9/2019
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(les) 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 a ,
PRODUCER Loekton Companies
444 W. 47th Street, Suite 900
PHONE FAX
Kansas City MO 64112-1906
(816)960-9000
.MAIL
NSURERtSI AFFORDING COVERAGe NAR: r
NOT APPLICABLE
INSURER A ply 19437
INSURER e ,
INSURED HDR ENGrNEL•RING, INC.
1429583 1917 SOUTH 67TH STREET
OMAHA, NE 68106
INSURERC!
INSURER D!
INSURER E
INSURER F
L.UYGKA%3rM GCK7IFIL:YrE NUMBI-M. 1SRTuW7A 01=1/1CIfSIA MRIRACCo. vvwvw
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE L STED 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.
NLTR ISI
TYPE OF INSURANCE
ADM
3UfffI
POLICY NUMBER
POLICY EFF
LIMITS
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
NOT APPLICABLE
EACH OCCURRENCE S XXXJ(}(X](
PREMIMS 2MMM,s 7(XXXXXX
MED EXP f oea oarsan f XXXXXXX
PERSONAL A ADV INJURY S XX}C(XXX
E(OATELIMIT APPI. ES PER:
GENERAL AGGREGATEi XXXXXXX
PRODUCTS - COMPIOP AGO S X CXXXXX
CY❑O.
nw"OTHER:
JECTT OC
s
AUTOMOBILE LIABbJTY
NO'1'APPLICABLE
d ■n. t J(J(J(J(){XX
ANYAUTO
OWNED
AUTOS ONLY AUTOSULED
HIRED NOW -OWNED
AUTOS ONLY AUTOS ONLY
BODILY INJURY(Per pemon) S XXXXXXX
BODILY INJURY (Per uddent) S XXXXXXX
S xxxxxxx
f XXX xxx
1JMeREULALIAS
OCCUR
Ld
NOTAPPLICABLE
EACH OCCURRENCE s 2QOUCXXX
EXCESS LAS
CLAIMS -MADE
AGGREGATE S XXXXXX,X
DEG I I RETENTIONS
fxxxxxxx
WORKEReCOMPENSATION
ND
AEMPLOYERS' LIABILITY Y 1 N
NY
APROPRIETOWPARTNERIEXECUTIVE
OFFICERIMEMBER EXCLUDE07 ❑
MIA
NOTAPPLICA13LFPE
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PROFESSIONAL
LIABILITY
N
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061853691
6/1/2018
6/1/2019PER
CLAIM: S 1,000,000
AGGREGATE: S1,000,000
DESCRIPTION OF OPERATRWS 1 LOCATIONS I VEHICLES (ACORD 10t. Addalonal Remarks Sdiedule, may be attached it mora space la regoUed)
PROPOSAL FOR THE CITY OF ROUND ROCK DOWNTOWN LIBRARY. MR. NAIK IS REQUFSTING HDR'S CERTIFICATE TO BE SENT WITH THE
45819824
CITY OF ROUND ROCK
ATTN: ANEIL NAIK
301 W BAGDAD
SUITE I40
ROUND ROCK TX 78664
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED
rlahtS
ACORD 25 (2016143) The ACORD name and logo are registered marks Of ACORD
City of Round Rock
RouNoaacK Agenda Item Summary
Agenda Number:
Title: Consider executing a Contract for Engineering Services with HDR
Engineering, Inc. for the Round Rock Public Library Structural Assessment.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/22/2019
Dept Director: Chad McDowell, General Services Director
Cost: $15,250.04
Indexes: General Fund
Attachments: HDR Contract -signed, LAF - ESC w- HDR Engineering Inc. - Round Rock
Public Library Structural Assessment (00418630xA08F8)
Department: General Services Department
'text of Legislative File CM -2019-0076
Contract with HDR Engineering Inc. to seek a determination of the current conditions of the
existing Library building as it may relate the possibility of the building being functionally
repurposed.
Cost: $15,250.04
Source of Funds: General Fund
Cityof Round Rock Page i Printed on 1121/2019