CM-2022-286 - 11/18/2022CITY OF ROUND ROCK
PROFESSIONAL CONSULTING SERVICES AGREEMENT
FOR STRUCTURAL ASSESSMENT SERVICES
WITH
RD HAMMOND CONSULTING & ENGINEERING. LLC
THE STATE OF TEXAS
THE CITY OF ROUND ROCK
§ KNOW ALL BY THESE PRESENTS
COUNTY OF WILLIAMSON
§
COUNTY OF TRAVIS
THIS AGREEMENT for professional consulting services, specifically a structural
assessment of the City's Business Center (the "Agreement") is made by and between the CITY
OF ROUND ROCK, a Texas home -rule municipal corporation with offices located at 221 East
Main Street, Round Rock, Texas 78664-5299, (the "City") and RD HAMMOND
CONSULTING & ENGINEERING. I.I.C. located at 4011 Granada Drive, Georgetown, Texas
78628 (the "Consultant'l.
RECITALS:
WHEREAS, City has determined that there is a need for a structural assessment of the
City's Business Center at 231 East Main Street, Round Rock, Texas (the "Project"); and
WHEREAS, City desires to contract with Consultant for such professional services; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.01 EFFECTIVE DATE, DURATION, AND TERM
This Agreement shall be effective on the date this Agreement has been signed by each
party hereto, and shall remain in full force and effect unless and until it expires by operation of
the term indicated herein, or is terminated or extended as provided herein.
The tern of this Agreement shall be until full and satisfactory completion of the work
specified herein is achieved.
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City reserves the right to review the Agreement at any time, and may elect to terminate
the Agreement with or without cause or may elect to continue.
2.01 CITY SERVICES
The City agrees to furnish the Consultant the information set forth and appended to this
Agreement as Exhibit "A" titled "City Services," which document is incorporated herein by
reference for all purposes.
3.01 PROPOSAL FOR SERVICES
Consultant has issued its proposal for services for the tasks delineated therein, such
proposal for services being attached hereto as Exhibit "B" titled "Engineering Services" ("Scope
of Work"). which document is incorporated herein by reference for all purposes.
4.01 SCOPE OF SERVICES
Consultant shall satisfactorily provide all services described herein and as set forth in
Exhibit "B" pursuant to the Work Schedule set forth in Exhibit "C;attached hereto and
incorporated herein by reference for all purposes. Consultant's undertaking shall be limited to
performing services for City and/or advising City concerning those matters on which Consultant
has been specifically engaged. Consultant shall perform services in accordance with this
Agreement, in accordance with the appended proposal for services, and in a professional and
workmanlike manner.
5.01 LIMITATION TO SCOPE OF SERVICES
Consultant and City agree that the scope of services to be performed is enumerated in
Exhibit "B." and Consultant shall not undertake work that is beyond the Scope of Work set forth
in Exhibit "B," however, either party may make written requests for changes to the Scope of
Work," To be elective, a change to the Scope of Work must be negotiated and agreed to and
must be embodied in a valid Supplemental Agreement as described in 10.01.
6.01 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by Consultant,
City agrees to pay Consultant in accordance with Exhibit "D," titled "pee Schedule," attached
hereto and incorporated herein for all purposes, for services and the Scope of Services
deliverables as delineated in Exhibit "B. "
Nat t &zceed Total Payment for Services: Consultant's total compensation for
consulting services hereunder shall not exceed Thirteen Thousand Four Hundred and No/100
Dollars ($13,400.00). This amount represents the absolute limit of City's liability to Consultant
hereunder unless same shall be changed by Supplemental Agreement, and City shall pay, strictly
within the not -to -exceed sum recited herein. Consultant's professional fees for work done on
behalf of City.
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Foment or &Imbursable Expenses: There shall be no payments for reimbursable
expenses included in this Agreement.
7.01 INVOICE REQUIREMENTS AND TERMS OF PAYMENT
Invokes: To receive payment, Consultant shall prepare and submit detailed invoices to
the City, in accordance with the delineation contained herein, for services rendered. Such
invoices for professional services shall track the referenced Scope of Work, and shall detail the
services performed, along with documentation for each service performed. Payment to
Consultant shall be made on the basis of the invoices submitted by Consultant and approved by
the City. Such invoices shall conform to the schedule of services and costs in connection
therewith.
Should additional backup material be requested by the City relative to service
deliverables, Consultant shall comply promptly. In this regard, should the City determine it
necessary, Consultant shall make all records and books relating to this Agreement available to
the City for inspection and auditing purposes.
Payment of Invoices: The City reserves the right to correct any error that may be
discovered in any invoice that may have been paid to Consultant and to adjust same to meet the
requirements of this Agreement. Following approval of an invoice, the City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described in Section 8.01 herein. Under no circumstances shall Consultant be entitled to
receive interest on payments which are late because of a good faith dispute between Consultant
and the City or because of amounts which the City has a right to withhold under this Agreement
or state law. The City shall be responsible for any sales, gross receipts or similar taxes
applicable to the services, but not for taxes based upon Consultant's net income.
8.01 PROMPT PAYMENT POLICY
1n accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by the City to Consultant will be made within thirty (30) days of the date the City receives
goods under this Agreement, the date the performance of the services under this Agreement are
completed, or the date the City receives a correct invoice for the goods or services, whichever is
later. Consultant may charge interest on an overdue payment at the "rate in effect' on September
1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A.. Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by the City in the event:
(a) There is a bona fide dispute between the City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or
(b) There is a bona fide dispute between Consultant and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the
service performed that causes the payment to be late; or
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(c) The terms of a federal contract, grant, regulation, or statute prevent the City
from making a timely payment with federal funds; or
(d) The invoice is not mailed to the City in strict accordance with any instruction
on the purchase order relating to the payment.
9.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of the City's current revenues only. It is understood and
agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
services as determined by the City's budget for the fiscal year in question. The City may effect
such tennination by giving Consultant a written notice of termination at the end of its then -
current fiscal year.
10.01 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by City Council or by the City Manager. if the City determines that there
has been a significant change in (1) the scope, complexity, or character of the services to be
performed; or (2) the duration of the work. Any such Supplemental Agreement must be
executed by both parties within the period specified as the term of this Agreement. Consultant
shall not perform any work or incur any additional costs prior to the execution, by both parties,
of such Supplemental Agreement. Consultant shall make no claim for extra work done or
materials famished unless and until there is full execution of any Supplemental Agreement, and
the City shall not be responsible for actions by Consultant nor for any costs incurred by
Consultant relating to additional work not directly authorized by Supplemental Agreement.
11.01 TERMINATION; DEFAULT
Termination: It is agreed and understood by Consultant that the City may terminate this
Agreement for the convenience of the City, upon thirty (30) days' written notice to Consultant,
with the understanding that immediately upon receipt of said notice all work being performed
under this Agreement shall cease. Consultant shall invoice the City for work satisfactorily
completed and shall be compensated in accordance with the terms hereof for work accomplished
prior to the receipt of said notice of termination. Consultant shall not be entitled to any lost or
anticipated profits for work terminated under this Agreement. Unless otherwise specified in this
Agreement, all data, information, and work product related to this project shall become the
property of the City upon termination of this Agreement, and shall be promptly delivered to the
City in a reasonably organized form without restriction on future use. Should the City
subsequently contract with a new consultant for continuation of service on the project,
Consultant shall cooperate in providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of the
City and the terminated party to fulfill contractual obligations. Termination under this section
shall not relieve the terminated party of any obligations or liabilities which occurred prior to
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termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory or which is not performed in compliance with the terms of this Agreement.
Default: Either parry may terminate this Agreement, in whole or in part, for default if
the Party provides the other Party with written notice of such default and the other fails to
satisfactorily cure such default within ten (10) business days of receipt of such notice (or a
greater time if agreed upon between the Parties).
If default results in termination of this Agreement, then the City shall give consideration
to the actual costs incurred by Consultant in performing the work to the date of default. The cost
of the work that is useable to the City, the cost to the City of employing another firm to complete
the useable work, and other factors will affect the value to the City of the work performed at the
time of default. Neither party shall be entitled to any lost or anticipated profits for work
terminated for default hereunder.
The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of the terminating Party and the terminated Party to fulfill contractual obligations.
Termination under this section shall not relieve the terminated party of any obligations or
liabilities which occurred prior to termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement.
12.01 NON-SOLiC1TATION
All parties agree that they shall not directly or indirectly solicit for employment, employ,
or otherwise retain staff of the other during the term of this Agreement.
13.01 CITY'S RESPONSIBILITIES
Consultant's performance requires receipt of all requested information reasonably
necessary to provision of services. Consultant agrees, in a timely manner, to provide City with a
comprehensive and detailed information request list, if any,
14.01 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, and is not the City's employee. Consultant's
employees or subcontractors are not the City's employees. This Agreement does not create a
partnership, employer -employee, or joint venture relationship. No parry has authority to enter
into contracts as agent for the other parry. Consultant and the City agree to the following rights
consistent with an independent contractor relationship:
(1) Consultant has the right to perform services for others during the term hereof
(2) Consultant has the sole right to control and direct the means, manner and method
by which it performs its services required by this Agreement.
(3) Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement.
(4) Consultant or its employees or subcontractors shall perform services required
hereunder, and the City shall not hire, supervise, or pay assistants to help
Consultant,
(5) Neither Consultant nor its employees or subcontractors shall receive training from
the City in skills necessary to perform services required by this Agreement.
(6) City shall not require Consultant or its employees or subcontractors to devote full
time to performing the services required by this Agreement.
(7) Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit
plan of the City.
15.01 CONFIDEVTIALITY A.ND MATERIALS 0". ERSHIP
Any and all programs, data, or other materials furnished by the City for use by Consultant
in connection with services to be performed under this Agreement, and any and all data and
information gathered by Consultant. shall be held in confidence by Consultant as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any
proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that the City is subject to the Texas Public
Information Act and its duties run in accordance therewith.
All data relating specifically to the City's business and any other information which
reasonably should be understood to be confidential to City is confidential information of City.
Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries,
inventions, know-how, and any other information which reasonably should be understood to be
confidential to Consultant is confidential information of Consultant. The City's confidential
information and Consultant's confidential information is collectively referred to as "Confidential
Information." Each party shall use Confidential Information of the other party only in
furtherance of the purposes of this Agreement and shall not disclose such Confidential
Information to any third party without the other parry's prior written consent, which consent
shall not be unreasonably withheld. Each parry agrees to take reasonable measures to protect the
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confidentiality of the other parry's Confidential Information and to advise their employees of the
confidential nature of the Confidential information and of the prohibitions herein.
Any and all materials created and developed by Consultant in connection with services
performed under this Agreement, including all trademark and copyright rights, shall be the sole
property of City at the expiration of this Agreement.
16.01 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or industry standards, and shall be performed in a
professional and workmanlike manner. Consultant shall re -perform any work no in compliance
with this representation.
17.01 LIMITATION OF LIABILITY
Should any of Consultant's services not conform to the requirements of the City or of this
Agreement, then and in that event the City shall give written notification to Consultant;
thereafter, (a) Consultant shall either promptly re -perform such services to the City's satisfaction
at no additional charge, or (b) if such deficient services cannot be cured within the cure period
set forth herein, then this Agreement may be terminated for default.
In no event will Consultant be liable for any loss, damage, cost or expense attributable to
negligence, willful misconduct or misrepresentations by the City, its directors, employees or
agents.
In no event shall Consultant be liable to the City, by reason of any act or omission
relating to the services provided under this Agreement (including the negligence of Consultant),
whether a claim be in tort, contract or otherwise, (a) for any consequential, indirect, lost profit,
punitive, special or similar damages relating to or arising from the services, or (b) in any event,
in the aggregate, for any amount in excess of the total professional fees paid by the City to
Consultant under this Agreement, except to the extent determined to have resulted from
Consultant's gross negligence, willful misconduct or fraudulent acts relating to the service
provided hereunder.
18.01 LNDEMNIFICATION
Consultant agrees to hold harmless, exempt. and indemnify City, its officers, agents,
directors, servants, representatives and employees, from and against any and all suits, actions,
legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and
claims of any character, type, or description, including but not limited to any and all expenses of
litigation, court costs, attorneys' fees and all other costs and fees incident to any work done as a
result hereof.
To the extent allowable by law, City agrees to hold harmless, exempt, and indemnify
Consultant, its officers, agents, directors, servants, representatives and employees, from and
against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages,
fines, penalties, liabilities and claims of any character, type, or description, including but not
limited to any and all expenses of litigation, court costs, attorneys' fees and all other costs and
fees incident to any work done as a result hereof.
19.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party may
assign any rights or delegate any duties under this Agreement without the other parry's prior
written approval, which approval shall not be unreasonably withheld.
20.01 LOCAL, STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. The City will not do the following:
(1) Withhold FICA from Consultant's payments or make FICA payments on its
behalf;
(2) Make state and/or federal unemployment compensation contributions on
Consultant's behalf, or
(3) Withhold state or federal income tax from any of Consultant's payments.
If requested, the City shall provide Consultant with a certificate from the Texas State
Comptroller indicating that the City is a non-profit corporation and not subject to State of Texas
Sales and Use Tax.
21.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Consultant, its consultants, agents, employees and subcontractors shall use best
efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the
City of Round Rock, as amended, and with all applicable rules and regulations promulgated by
local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits,
licenses, trademarks, or copyrights, if required in the performance of the services contracted for
herein, and same shall belong solely to the City at the expiration of the term of this Agreement.
B. In accordance with Chapter 2271, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from that company that it: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of this Agreement. The signatory executing this Agreement on
behalf of the Consultant verifies that Consultant does not boycott Israel and will not boycott
Israel at any time during the term of this Agreement.
22.01 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, in the purchase
or sale of any product, materials or equipment that will be recommended or required hereunder.
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23.01 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act in its behalf
with regard to this Agreement.
Richard Will, Building Construction Manager
General Services Department
City of Round Rock
212 Commerce Cove
Round Rock, TX 78664
(512) 341-3311
richardwill a,roLindrocktcxirs. ,ov
24.01 NOTICES
All notices and other communications in cotuiection with this Agreement shall be in
writing and shall be considered given as follows:
(1) When delivered personally to recipient's address as stated herein; or
(2) Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Consultant:
R.D. Hammond Consulting & Engineering, 1_i.0
4011 Granada Drivc
Georgetown, Texas 78628
Notice to City:
City Manager, City of Round Rock
221 East Main Street
Round Rock, TX 78664
AND TO:
Stephan L. Sheets. City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the City and Consultant.
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25.01 INSURANCE
Consultant shall meet all insurance requirements as set forth at;
littps://%%,%vw.roiuidrocktexas.govldepartments/purcliasiiia. Consultant's Certificate of Insurance
is attached hereto as Exhibit "E" and incorporated herein by reference for all purposes.
26.01 APPLICABLE LAW, ENFORCEMENT, AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall
be governed by and construed in accordance with the laws and court decisions of Texas.
27.01 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits, constitute the entire
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof. The parties
expressly agree that, in the event of any conflict between the terms of this Agreement and any
other writing, this Agreement shall prevail. No modifications of this Agreement will be binding
on any of the parties unless acknowledged in writing by the duly authorized governing body or
representative for each party,
28.01 DISPUTE RESOLUTION
The City and Consultant hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
29.01 SEVERABILITY
The invalidity, illegality, or unenforceabi lily of any provision of this Agreement or the
occurrence of any event rendering any portion of provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion of
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
30.01 STANDARD OF CARE
Consultant represents that it is specially trained, experienced and competent to perform
all of the services, responsibilities and duties specified herein and that such services.
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responsibilities and duties shall be performed, whether by Consultant or designated
subconsuitants, in a manner acceptable to the City and according to generally accepted business
practices.
31.01 GRATUITIES AND BRIBES
City, may by written notice to Consultant, cancel this Agreement without incurring any
liability to Consultant if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Consultant or its agents or
representatives to any City Officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Consultant may be subject to penalties stated in
Title 8 of the Texas Penal Code.
32.01 RIGHT TO ASSURANCE
Whenever either parry to this Agreement, in good faith, has reason to question the other
parry's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure an anticipatory repudiation of this Agreement.
33.01 MISCELLANEOUS PROVISIONS
Time Is of the Essence. Consultant agrees that time is of the essence and that any failure
of Consultant to complete the services for each phase of this Agreement within the agreed
project schedule may constitute a material breach of this Agreement. Consultant shall be fully
responsible for its delays or for failures to use reasonable efforts in accordance with the terms of
this Agreement. Where damage is caused to City due to Consultant's failure to perform in these
circumstances, City may withhold, to the extent of such damage. Consultant's payments
hereunder without a waiver of any of City's additional legal rights or remedies. City shall render
decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly
progress of Consultant's work.
Force Ma jeure. Notwithstanding any other provisions hereof to the contrary, no failure,
delay or default in performance of any obligation hereunder shall constitute an event of default
or breach of this Agreement, only to the extent that such failure to perform, delay or default
arises out of causes beyond control and without the fault or negligence of the party otherwise
chargeable with failure, delay or default; including but not limited to acts of God, acts of public
enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters
or other casualties, strikes or other labor troubles, which in any way restrict the performance
under this Agreement by the parties.
Section Numbers. The section numbers and headings contained herein are provided for
convenience only and shall have no substantive effect on construction of this Agreement.
Waiver. No delay or omission by either party in exercising any right or power shall
impair such right or power or be construed to be a waiver. A waiver by either party of any of the
covenants to be performed by the other or any breach thereof shall not be construed to be a
waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid
unless in writing and signed by an authorized representative of the party against whom such
waiver or discharge is sought to be enforced.
Multiple Counterparts. This Agreement may be executed in multiple counterparts,
which taken together shall be considered one original. The City agrees to provide Consultant
with one fully executed original.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
City of Round Rock, Texas
For City, Attest:
City
For City, Approved as to Form:
By:
Stephafte L. Sandre, ity Attorney
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R.D. Hammond Consulting &
Engineering, LLC
V:
Printed Name: . MKno
Title: OwA,6r- j&QkA)aff= JAJ
Date Signed: G
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Hammond, Consulting & Engineering, LLC
Exhibit A "City Services"
The following documents & services are to be provided by the City of Round Rock to facilitate in our
analysis are as follows;
1. Provide access to City Round Rock City Business Center roof, ground floor, and around exterior
where grade beams are exposed for purposes of tracking relative elevations within the structure
to determine if and where differential settlement is occurring.
z. Send all geotechnical reports and studies available for the structure.
3. Send all existing plans for the structure and any plans for remodels to determine original
intention for construction, original assumptions, and original element sizes.
4. Provide reports from 1Q Engineering, Datum Engineering, & any other firms studies on the
structure.
Hammond, Consulting R Engirreering, LLC
Exhibit B "Engineering Services"
RDHammond Consulting & Engineering (RDH C&E) will provide an assessment of the existing building
located at 231 East Main Street in Round Rock Texas, the buildings original plans, the recommendations
from previous engineering firms, and reporting on solutions and current structure stability for the City
Business Center located in Round Rock, Texas. Also included in the fee will be the site visit to perform
the relative survey, structural finite modeling of the entire existing structure's frame, foundation
analysis, impact from remodels, previous recommendation review, and a sealed report showing findings
and recommendations for repairs. Please refer to Exhibit D for a detailed breakdown of cost. The
primary goals of the report and study to determine the following;
a. Determine if the JQ assessment is correct in assumptions as to why building is moving
b. Determine if assumptions made about amount of movement is correct
c. Determine if there will additional movement
d. Determine if the building is safe to occupy in the current and future conditions
Please note items c. & d. are subjective, and can change overtime as site conditions can change due to
external factors such as new construction, future issues within the structure that could cause structural
issues such as leaking pipes, and other factors that could divert water below or into the structure. RDH
C&E will be able to address current conditions, however a professional engineering should be engaged
where signs of distress begin to occur after the report has been issued.
J
_Hantniond, Consulting & Engineering, LLC
Exhibit C "Work Schedule"
RDH ME anticipates a 35 business days for the completed survey and report. The initial site visit to
determine relative elevation will be performed in the first 10 business days of receiving the signed
contract or approved pay order. One day with (2) engineers is the allotted time for the relative survey.
We anticipate another 5-7 days to model the existing structure, analyze it, and report the findings. Then
another 5-7 days to review the original construction documents, RETL geotechnical documents, JQ
Engineering's report, Datum's Engineering report, and other miscellaneous documentation pertinent to
the study.
_ Hammond, Constilling & Engineering, LLC
Exhibit b "Fee Schedule"
- Hammond Consulting & Engineering, LLC
Commeroal & Residential Structural Solutions
email rhammond@ROW com
hone 956,367 5561
Invoice tf 6rxx
C/O Richard Will
City of Round Rock
Building Const Manager
212 Commerce Blvd
Round Rock, TX 78664
T1I15 is AK E � k A pUE �1 R115 TIMti
9/12/2022
Balance Due: $ 33.40 000 "
Proiect; Round Rock City Business Center Struct. Assesment
Date Engineer Transaction
Paid
9/17/1011 R Derek Hammond Check No rtn8p 5000
Engineering l{ourly Rate S 150 00
Drafting flour'y Rate. 5100 00
Time (hours)
Cost Description
Eng D-olt Subtotal
Site vls t (includes travel) - Round Rock City Business Center In perform
relative survey of iri,sting found.nian and roof 12) Enp,+nvvs%
20 0 53.000 00
CxlstinE foundation plan review & review of renovations to determine
loading to foundations, foundation capacities determination, &
reporting
16 0 $2,400 00
C!ilstrng steel braced frame, full structural finite 3 D element modeling &
analysis. Modei results, result analysis, & reporting
20 0 S3,tHHJ 00
JR & Datum exixting report reviews; reporting, anaysis of results
compared to new daNl. and tr;llysis of ierommrndations,
20 0 51.000 00
Additional report reviews - Rock Eng!neerinp. Geotechnical
recommendations
8 0 51,20000
Report QC. bd_mg & clerical_
4 1 $800 00
Total Hours:
90 Total Fee: $13,400.00
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Exhibit E "Certificates of Insurance"
(See attached)
CERTIFICATE OF LIABILITY INSURANCE
DATa prwoor em
T14I8 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 INSURER48), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: It the cettllteate holder Is an ADDITIONAL INSURED, the polley(los) must have ADDITIONAL INSURED provisions or be endorsed.
H SUBROGATION 16 WAIVED, subject to the terms and condigons of the policy, certain policies may require an endorsement. A statement on
this Certificate does not confer rights to the certificate holder in (leu of such ondorseme s .
"ODDUCER Jordan Walt
Choices Insurance Agency 1 Jordan Walt 503.ep.e283 603461-TTfe9
617 High St. Suite 206 JlWaItSIProlesslonall.lablifty.Pro
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4011 Granada Drive
Georgetown, TX 78628
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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.
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City of Round Rock
212 Commerce Blvd
Round Rock, TX 78664
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
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ACCORDANCE. VM THE POLICY PROYISIORS,
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01960-2016 ACORD CORPORATION. All rights reserved.
ACORO 28 (2018103) The ACORD name and logo are registered marks of ACORD Pdnted by JWW cn C9119f M et 08:12AM
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V--ity of Round Rock
OUND ROCKXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Professional Consulting Services Agreement with RD
Hammond Consulting and Engineering, LLC for structural assessment services for
the Business Center.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/18/2022
Dept Director: Chad McDowell, General Services Director
Cost: $13,400.00
Indexes: General Fund
Attachments: Agreement
Department: General Services
Text of Legislative File CM-2022-296
Visual signs of structural movement within the Convention & Visitors Bureau office and Arts space have
prompted a second round of structural engineer's review and surveying. After the last surveying, it was
identified that potential movement may occur. This agreement with RD Hammond Consulting and
Engineering, LLC is to for services to verify the Business Center has moved within engineer's allowable
tolerances and to verify the structure of the building, in current conditions, is safe for occupancy.
Cost: $13,400.00
Source of Funds: General Fund
City of Round Rock Page 1 of i