CM-2019-0347 - 11/1/2019CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES FOR THE
2020 WATER STORAGE TANK ASSESSMENT PROJECT
WITH
HOT INSPECTION SERVICES, INC.
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 related to the 2020 Water
Storage Tank Assessment Project (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 HOT INSPECTION SERVICES, INC.
(the "Consultant").
RECITALS:
WHEREAS, City has determined that there is a need for professional services related to
resurveying and providing inspections for the 2020 Water Storage Tank Assessment Project: and
WHEREAS, City desires to contract for such 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 term of this Agreement shall be until full and satisfactory completion of the work
specified herein is achieved. The estimated completion date of services is December 20, 2019.
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.
00403877 ss2
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2.01 CITY SERVICES
City shall provide the information and assistance set forth in Exhibit "A," titled "City
Services," which document is attached and incorporated herein by reference for all purposes.
3.01 SCOPE OF SERVICES
For purposes of this Agreement Consultant has issued its proposal for services for the
tasks delineated therein, such proposal for services being attached to this Agreement as Exhibit
"B" titled "Scope of Services," which document is incorporated herein by reference for all
purposes. Consultant shall satisfactorily provide all services described herein and as set forth in
Exhibit "B" pursuant to the Work Schedule attached as Exhibit "C," which document is
incorporated herein 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.
4.01 LIMITATION TO SCOPE OF SERVICES
Consultant and City agree that the scope of services to be perfonmed is enumerated in
Exhibit "B" and herein, 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 effective, 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.
5.01 CONTRACT AMOUNT
In consideration for the consulting services to be performed by Consultant, City agrees to
pay Consultant as follows and as set forth in the Fee Schedule, attached as Exhibit "D" and
incorporated herein by reference, for the Scope of Services deliverables as delineated in Exhibit
-B."
Nat -to -Exceed Total Payment for Services: Consultant's total compensation for
consulting services hereunder shall not exceed Twelve Thousand Five Hundred and no/100
($12,500.00). 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 fees for work done on behalf of City.
Pavment for Reimbursable Expenses: There shall be no payments for reimbursable
expenses included in this Agreement.
6.01 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to
the City, in accordance with the delineation contained herein, for services rendered. Such
invoices for 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 arc 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.
7.01 INSURANCE
Consultant shall meet all City of Round Rock Insurance Requirements set forth at:
http: www.roundrocktcxas.gov, wp-content uploads: 2014 12 corr_insurance 07.20112,vdf. and
provide a Certificate of Insurance providing verification of required coverage. Consultant's
Certificate of Insurance is attached as Exhibit "E," and incorporated herein by reference for all
purposes.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C,A., Texas Government Code, any payment to be
made by the City to Consultant will be made within thirty (30) days of the date the City receives
goods under this Agreement, the date the performance of the services under this Agreement are
completed, or the date the City receives a correct invoice for the goods or services, whichever is
later. Consultant may charge interest on an overdue payment at the "rate in effect" on September
I of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by the City in the event:
(a) There is a bona fide dispute between the City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or
(b) There is a bona fide dispute between Consultant and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the
service performed that causes the payment to be late; or
(c) The terms of a federal contract, grant, regulation, or statute prevent the City
from making a timely payment with federal funds; or
(d) The invoice is not mailed to the City in strict accordance with any instruction
on the purchase order relating to the payment.
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 terns 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
perfonned; or (Z) the duration of the work. Any such Supplemental Agreement must be
executed by both parties within the period specified as the term of this Agreement. Consultant
shall not perform any work or incur any additional costs prior to the execution, by both parties,
of such Supplemental Agreement. Consultant shall make no claim for extra work done or
materials furnished unless and until there is full execution of any Supplemental Agreement, and
the City shall not be responsible for actions by Consultant nor for any costs incurred by
Consultant relating to additional work not directly authorized by Supplemental Agreement.
11.01 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 tennination. 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
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City in a reasonably organized fonn without restriction on future use. Should the City
subsequently contract with a new consultant for continuation of service on the project,
Consultant shall cooperate in providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of the
City and the terminated party to fulfill contractual obligations. Termination under this section
shall not relieve the terminated party of any obligations or liabilities which occurred prior to
termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory or which is not performed in compliance with the terms of this Agreement.
Default: Either party may terminate this Agreement, in whole or in part, for default if
the Party provides the other Party with written notice of such default and the other fails to
satisfactorily cure such default within ten (I0) 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 parry 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 -SOLI CITATION
All parties agree that they shall not directly or indirectly solicit for employment, employ,
or otherwise retain staff of the other during the tern of this Agreement.
13.01 CITY'S RESPONSIBILITIES
City shall perform the services described in Exhibit "A." 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-empioyec, or joint venture relationship. No party has authority to enter
into contracts as agent for the other party. Consultant and the City agree to the following rights
consistent with an independent contractor relationship:
(1) Consultant has the right to perform services for others during the tenn hereof.
(2) Consultant has the sole right to control and direct the means, manner and mcthod
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 CONFIDENTIALITY; MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by the City for use by Consultant
in connection with services to be performed under this Agreement, and any and all data and
information gathered by Consultant, shall be held in confidence by Consultant as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any
proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that the City is subject to the Texas Public
Information Act and its duties run in accordance therewith.
All data relating specifically to the City's business and any other information which
reasonably should be understood to be confidential to City is confidential information of City.
Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries,
inventions, know-how, and any other information which reasonably should be understood to be
confidential to Consultant is confidential information of Consultant. The City's confidential
information and Consultant's confidential information is collectively referred to as "Confidential
Information." Each party shall use Confidential Information of the other party only in
furtherance of the purposes of this Agreement and shall not disclose such Confidential
Information to any third party without the other party's prior written consent, which consent
shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the
confidentiality of the other party'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 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 INDEMNIFICATION
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, Iegal proceedings, demands, costs, expenses, Iosses, 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.
14.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the tenors of this Agreement. Neither party may
assign any rights or delegate any duties under this Agreement without the other party's prior
written approval, which approval shall not be unreasonably withheld.
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,
Iicenses, 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. Consultant acknowledges and understands that City has adopted a Storm Water
Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14-139 through 14-
152 of the City's Code of Ordinances, to manage the quality of the discharges from its Municipal
Separate Storm Sewer System (MS4) and to be in compliance with the requirements of the Texas
Commission on Environmental Quality (TCEQ) and the Texas Pollutant Discharge Elimination
System (TPDES). The Consultant agrees to perform all operations on City -owned facilities in
compliance with the City's Illicit Discharge Ordinance to minimize the release of pollutants into
the MS4. The Consultant agrees to comply with of the City's stormwater control measures, good
housekeeping practices and any facility specific stormwater management operating procedures
specific to a certain City facility. In addition, the Services Provider agrees to comply with any
applicable TCEQ Total Maximum Daily Load (TMDL) Requirements and/or I -Plan
requirements.
C. In accordance with Chapter 2270, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods or services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of the contract. The signatory executing this Agreement on behalf of
Consultant verifies Consultant does not boycott Israel and will not boycott Israel during the term
of this Agreement.
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.
23.01 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
Jeff Bell
Project Manager Senior
3400 Sunrise Road
Round Rock, TX 78664
(512)218-7076
ibell!'eiyoundrocktexas. gov
24.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
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(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:
HOT Inspection Services, Inc.
P.O. Box 1208
Round Rock, TX 78680-1208
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.
25.01 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.
26.01 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.
27.01 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
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proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-I4) or any applicable state arbitration statute.
28.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion of provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion of
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
29.01 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,
responsibilities and duties shall be performed, whether by Consultant or designated
subconsultants, in a manner acceptable to the City and according to generally accepted business
practices.
30.01 GRATUITIES AND BRIBES
City, may by written notice to Consultant, cancel
liability to Consultant if it is determined by City tha-
entertainment, gifts, or otherwise were offered or gi
representatives to any City Officer, employee or elect
performance of this Agreement. In addition, Consultant
Title 8 of the Texas Penal Code.
31.01 RIGHT TO ASSURANCE
this Agreement without incurring any
gratuities or bribes in the form of
len by Consultant or its agents or
A representative with respect to the
may be subject to penalties stated in
Whenever either party to this Agreement, in good faith, has reason to question the other
party'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.
32.01 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 Majeure. Notwithstanding any other provisions hereof to the contrary, no failure,
delay or default in performance of any obligation hereunder shall constitute an event of default
or breach of this Agreement, only to the extent that such failure to perforin, 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.
[Signatures on the following page.]
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
City of Round Rock, Texas
By:
Printed e: .�
Title:
Date Signed: 1
For City, Attest:
By: t _
Sara L. White, City Clerk
For City, Approved as to Form:
By:I%- L.
Stephan L. beets, City Attorney
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r *°`r r _HOT Inspection Services, Inc.
HOT P.O. Box 1208 • Round Rock, TX 78680 1208
Office: (512) 244-2523
4s
Exhibit A
City Services
2019 Water Storage Tank Assessment Update Project
The City of Round Rock will provide to HOT Inspection Services, Inc. the following
items. infonnationlassistance:
I. Furnish any existing data, reports, addresses, maps, plans, or construction drawings,
etc. that may pertain to the project as requested.
2. Provide access to the tank sites by issuing keys, combinations and approval to enter
facilities on as needed basis while under contract to inspect each facility.
3. Provide phone numbers of personnel responsible of operating each tank facility for
coordinating the time and date that each site will be need to be accessed.
4. Provide assistance and coordination with Private Property Owners if needed.
HOT Inspection Services, Inc.
HO� P.O. Box 1208 • Round Rock, TX 78680-1208
Office: (5 12) 244-2523
4
Exhibit B
Personal Service
2019 Water Storage Tank Assessment update Project
SCOPE OF SERVICES:
HOT proposes to resurvey and provide inspections necessary to update the condition of the
structure and coatings of each of the tank facilities listed below. The 2015 Comprehensive
Assessment Project Report will be revisited and considered in the tank update process. The
interior and exterior of each of the listed thirteen (13) City of Round Rock's Water Distributions
System's Water Storage Tanks will be evaluated. Provide a Tank Condition Update and Report
of the condition of each tank, including a rehabilitation schedule spreadsheet to show tank name,
address, pressure plane, type, capacity, original service date, rehabilitation dates, recommended
future rehabilitation dates and cost associated with the rehabilitation. Re -prioritize each tank
rehab date and cost on a spreadsheet. The Spreadsheet will be updated to show current status of
each of the 21 tanks as being decommissioned or recently rehabilitated
Tank location
Type
capacity
Glearwell #1
-- -Ge =-
-- ' ,^
--,-�;0
(2018 rehab)
EleaFwell #t2
GST
2,000,099
(2019 rehab)
Clearwell #3
CGST
2,000,000
Clearwell ##4
CGST
1,500,000
Wesiinglieuse Pump Swieft
SP
100,900
Decommission
Barton Hill Elevated Tank
CET
2,700,000
1431 Standpipe
SP
1,090,000
Decommission
143114549 Tank --- -
RT
154"
Decommission
1431 Elevated Tank
CET
2,000,000
Fern. Bluff Elevated Tank
HPET
1,500,000
Chisholm Valley Elevated Tank
CET
1,250,000
Vista Heights Standpipe
SP
1,000,000
McNeil-Greund-Storage --
ESQ
:750,090
Decommission
Chandler Creek Elevated Tank
EST
750,000
Decommission
Lake CreekGr-sand Stemge
GST
5004"
(2017 rehab)
S. 81 Elevated
CET
1,250,000
Southeast Ground Storage
GST
2,500,000
Southeast Elevated Tank
EST
750,000
High Country Elevated Tank
CET
1,250,000
Reuse CET
CET
1,250,000
Tank History Review
A review the 2015 Comprehensive Assessment Reports and the latest TCEQ Reports will be conducted to
gather information on each tank design, coating system and reported condition.
Tank Inspection and Condition Surve
HOT will provide an evaluation to determine the condition of the tank interior, exterior, exposed
foundations and accessories. The following components of each tank to be inspected shall include but not
limited to:
A. Exterior
1. Shell
2. Roof
3. Roof hatch
4. Manway
5. Cathodic Protection Anode plate covers when applicable
6. Water level indicator when applicable
7. Roof Vent
8. Foundation and or foundation piers
9. Overflow pipe and flap valve
10. Access ladders
11. Leg columns when applicable
12. Riser
13. Struts when applicable
14. Tie rods when applicable
B. Internal w/Underwater ROV access to the areas listed will be obtained by an underwater ROV
fully equipped with lights and video camera if necessary to complete the inspection. The
underwater ROV will be decontaminated in accordance with AWWA C652-92 Method 2.
1. Roof Hatch
2. Overflow
3. Weir box
4. Riser
S. Interior ladder
6. Roof
7. Roof support system
8. Shell
9. Floor
10. Water quality
The information and data obtained from the inspection and nondestructive testing will be used in the
evaluation of each tank. The structural and protective coating condition of each item listed above will be
given. Adhesion testing will be provided of the coating system and rated as per ASTM D-3359.
OF r�L HOT Inspection Services. Inc.
r.a, r,�
Hd� P O. Box 1208 • Round Rock, TX 78680 1208
Office- (512) 244 2523
O4
Exhibit C
Work Schedule
2019 Water Storage Tank Assessment Update Project
Pre -inspection & Tank History Review
o Review Phase 11-4-19 11-11-19
o Tank File Development 11-12-19 11-15-19_
Tank Inspection and Assessment
o Tank Access and Evaluation
o Compilation of Results
o Editing of Photos and Video
2019 Tanks Report
o Formatting Results
o Review of Draft Report
o Publication of Final Renort
o Submit Report to Cit
11-18-19
12-9-19
! 12-6-19
-12-10-19
12-11-19
,
12-10-19
12-11-19
12-13-19
12-16-19X12-16-19
12-17-19
-12-18-19
12-19-19
12-20-19
Project will be scheduled for beginning the week of 11 4 19. The actual completion
schedule may vary depending on tank availability and demands by City. Anticipated
completion of the tank assessments of all tanks is 12 20 19.
, T% HOT _Inspection Services, Inc.
HOT P.O. Sox 1208 • Round Rock, TX 78680 1208
s office: (512) 244 2523
Exhibit D
Fee Schedule
2019 Water Storage Tank Assessment Update Project
Providing personal services to the City of Round Rock for providing a inspection and
evaluation of the interior and exterior of each water storage tank in Round Rock's Water
Distributions System's Water Storage Tank.
TANK LOCATION
TYPE
CAPACITY
COST
Clearwell #1
GST
1,000,000
Update
Clearwell #2
GST
2,000,000
Update
Clearwell 03
CGST
2,000,000
$700
Clearwell #4
CGST
1,500,000
5700
Westinghouse Pump Station
SP
100,000
Decommission
Barton Hill Elevated Tank
CET
2,700,000
$1,150
1431 Stand i e
SP
1,000,000
Decommission
1431 H da -Tank
PT
15,000
Decommission
1431 Elevated Tank
CET
2,000,000
$1,150
Fern Bluff Elevated Tank
HPET
1,500,000
$1,300
Chisholm Valley Elevated Tank
CET
1,250,000
$950
Vista Hei hts Standpipe
SP
1,000,000
$950
McNeil Ground Storage
GST
750,000
Decommission
Chandler Creek Elevated Tank
EST
750,000
$1,000
Bowman Ground Storage
GST
500,000
Decommission
Lake Creek Ground Storage
GST
500,000
Update
S. 8l Elevated
CET
1,250,000
$950
Southeast Ground Storage
GST
2,50_0,000
$$00
Southeast Elevated Tank
EST
750,000
5950
High Country Elevated Tank
CET
1,250,000
$950
Reuse Tank
CET
1,250,000
$950
TOTAL COST
The cost includes the reporting and
production time of the updated
Worm report
$12,500,00
Tank Evaluator/ROV Operator
S 120.00/hr.
■ NACE Level III Certified Coating Ins ector
■ AWS Certified Welding Inspector
■ NDE Certified Level III
■ BS Engineering Technician
Helper $
65.00/hr.
Technical Report Preparation
$ 100.00!hr.
Equipment
0 Underwater Remote Operated Vehicle
$135.00/hr.
e'`'°`' HOT Inspection Services, Inc.
HUI P.O. Box 1208 - Round Rock, TX 78680-1208
Office: (512) 244-2523
Exhibit E
Certificate of Insurance
2019 Water Storage Tank Assessment Update Project
The Certificate of liability Insurance for HOT Inspection Services, Inc., is submitted
electronically to the City of Round Rock by Watkins Insurance Group -Austin at the
date of annual expiration.
A`� AQry®
CERTIFICATE OF LIABILITY INSURANCE
GATE (MM1001YY1 Y
Fx;1V2017
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
CONTANAME CT Susan Hord
Watkins Insurance Group -Austin
PHONES12 a52 8877 c, Het 512152-0949
EYtl l
3834 Spicewood Springs Rd. 5t
EEWC-MA Lo,
Austin TX 78759
ADDRESS shord@walklnslnsurancegroup com
GENL AGGREGATE LIMIT APPLIES PER
INSURERISI AFFORDING COVERAGE NAIL f
POLICY JE T LOC
INSURERA The Hartfo-d 29424
INSURED H T N
INSURER B
Hot Inspection Services Inc
John Konzen
INSURER C
P O Bax 1208
INSURER D
Round Rock TX 78680
INSURER E
AUTOS ONLY Ar,TOS
HIRED N :NOLYNED
X X
INSURER F
1 frMOCOARCG f CRTICIrATC IJIIMRFR•9tinnagrA7d REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REOUIREMENT 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 AD7L'StIBR
MROi1+L00YEFF
City of Round Rack
ILTRA TYPE OF INSURANCE POLICYNUMBER 1110A�P1rrYP!
LIMITS
X COMMERCIALGENERALUABILITY Y 65SBAPVT06'.' 3212019 312112020
EACHOCCURRENCE5SODODD
I5AMA6l5Y6IViiTE6 ®,-
CLAIMS -MADE X : CCUR
PREMISES LE.aounen eJ $300000
MED EXP fAny ere passu , S 10 000
PERSONAL A ADV INJURY 5 500 DOD
GENL AGGREGATE LIMIT APPLIES PER
GENERAL AGSREGATE SI 000 000
POLICY JE T LOC
PRODUCTS COMPIOPAGG 51000000
5
OTHER
A AVTPMOSILELIABILITY Y 65SBAPVIOGO 3 212019 W211202D
CUI'MINED SINGLE LIMIT $500000
LEA acodfn0
ANY AUTO
BODILY INJURY - Per pars-^ S
OWNED SCHEDULED
BODILY INJURY (Pei a:, dent S
AUTOS ONLY Ar,TOS
HIRED N :NOLYNED
X X
AAGE S
PROPERTY DM
AUTOS ONLY ALTOS ONLY
LPer a[Cde"tl
S
UMBRELLA UAR OCCUR
EACHOCCURNEN_F S
EXCESS LIAR CLAIMS -LADE
AGGREGATE S
DED RETENTIONS I
$
A WORKERS COMPENSATION - 65W9CAv5GBJ 1121 2019 3121/2020
X PER DTH.
STATUTE ER
AND EMPLOYERS' LIABILITY YIN
.
ANYPROPRIETOR!PARTNEREXECUIIVE -
E L EACH AC 'MENT S 100 000
N! A
OFFICER MEMaEREXCLUDED7LJ
(Mandatory In NHI
E L DISEASE EA EMPLOYEE S 100 COD
If yes. desu.be antler
DESCRIPTION OF OPERATIONS'),c.
Et DISEASE POLICY LIMIT 5500,000
DESCRIPTION OF OPERATIONS I LOCATIONS. VEHICLES [ACORD 101. Additional Remarks Schedule. may b. attached it mora spnee In requiredl
City of Round Rock is additional insured on the general liability and auto Iiab:lity pol.ries per blanket endorsements, where required by written=ontrarL
CFI7TIFIrATF 11[11 rTFR CANCELLATION
0 1 988-201 5 ACORD CORPORATION. All rlgnts rOSerVea.
ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD
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 Rack
221 E Main St
Round Rock TX 78664
f
AUTHORISED REPRESENTATIVE
0 1 988-201 5 ACORD CORPORATION. All rlgnts rOSerVea.
ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Professional Consulting Services Agreement with HOT
Inspection Services, Inc. for resurveying and inspection services related to
the 2020 Water Storage Tank Assessment Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/1/2019
Dept Director: Michael Thane, Utilities and Environmental Services Director
Cost: $12,500.00
Indexes: Self -Financed Water Construction
Attachments: Agmt.pdf
Department: Utilities and Environmental Services
Text of Legislative File CM -2019-0347
In 2015, the City contracted with HOT Inspection Services, Inc. to provide the City with a
comprehensive evaluation of the City's water storage tanks. Every five years, the tanks that
have not recently been rehabilitated would need to be reevaluated to determine the
rehabilitation schedule. Since 2015, three tanks have been rehabilitated: Clearwell No. 1,
Clearwell No. 2, and Lake Creek Ground Storage. Several additional tanks are currently
out -of -service and excluded from this evaluation including Westinghouse Pump Station,
Bowman Ground Storage, and McNeil Ground Storage.
This contract for $12,500 with HOT Inspection Services, Inc. is for the inspection and
assessment of 13 water storage tanks. This contract will provide a comprehensive structural
steel evaluation, interior and exterior coating evaluation, estimated remaining coating life,
proposed coating rehabilitation method, and an estimate of future project costs. This contract is
separate and apart from the annual compliance tank inspection that is required by the Texas
Commission on Environmental Quality.
Cost: $12,500
Source of Funds: Self -Financed Water Construction
City of Round Rock Page 1 Pdoted on 10/31/2019