R-2021-140 - 5/27/2021RESOLUTION NO. R-2021-140
WHEREAS, the City of Round Rock desires to retain professional consulting services related
to the South Highway 81 Elevated Storage Tank Rehab Project; and
WHEREAS, HOT Inspection Services, Inc. has submitted an Agreement for Professional
Consulting Services to provide said services; and
WHEREAS, the City Council desires to enter into said agreement with HOT Inspection
Services, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Professional Consulting Services for the South Highway 81 Elevated Tank Rehab
Project with HOT Inspection Services, Inc., a copy of same being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 5 51, Texas Government Code, as amended.
RESOLVED this 27th day of May, 2021.
CRAIG ORGtock,
Mayor
City of Round Texas
ATTEST:
S I
SARA L. WHITE, City Clerk
01 12.20212, 00472247
EXHIBIT
"A�FAF
CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES FOR THE
SOUTH HIGHWAY 81 ELEVATED TANK REHAB PROJECT WITH
HOT INSPECTION SERVICES, INC.
THE STATE OF TEXAS §
THE CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAMS §
KNOW ALL BY THESE PRESENTS
THIS AGREEMENT for professional consulting services related to the South Highway
81 Elevated Storage Tank Rehab Project (the "Agreement") i*s 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. with a mailing address of P.O. Box 1208, Round Rock, Texas 78680-1208 (the
"Consultant").
RECITALS:
WHEREAS, City has determined that there i*s a need for professional services related to
the South Highway 81 Elevated Storage Tank Rehab Project; and
WHEREAS, City desires to contract with Consultant for said services; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunderlo
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, I*t is
mutually agreed between the parties as follows:
160 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 i*n full force and effect unless and until i"t 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 services are estimated to be completed no later than May 15,
2022 from the effective date of this Agreement.
0046725 1 /ss2
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,.
290 CITY SERVICES
City agrees to provide the services to Consultant as described in Exhibit "A" titled "City
Services," incorporated herein by reference for all purposes.
3.0 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 descr40
ibed herein and as set forth in
Exhibit "B" (Scope of Services) 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 and in a professional and workmanlike manner.
4.0 LIMITATION TO SCOPE OF SERVICES
Consultant and City agree that the scope of services to be performed i*s 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 10.00
5.0 CONTRACT AMOUNT
In consideration for the consulting services to be performed by Consultant, City agrees to
pay Consultant an amount not -to -exceed Eighty -One Thousand and No/100 Dollars
($81,000,00) as set forth in Exhibit "D" titled "Fee Schedule," incorporated herein by reference
for all purposes. 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.
6.0 INVOICE REQUIREMENTS AND 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
0�
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 i*n 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 I*n Section 8.0 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.
7.0 INSURANCE
Consultant shall meet all City of Round Rock Insurance Requirements set forth at:
http://www.roundrocktexas.gov/wp-content/uploads/2014/12/corr insurance 07.20112.pdf.
8.0 PROMPT PAYMENT POLICY
In accordance with Chapter 225 1, V.T.C.A., Texas Government Code, any payment to be
made by the City to Consultant will be made wthirty1 (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 i*n effect" on September
1 of the fiscal year i*n which the payment becomes overdue, i*n 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
V-�
(d) The invoice is not mailed to the City in strict accordance with any instruction
on the purchase order relating to the payment.
9.0 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement i*s a commitment of the City's current revenues only. It i*s 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 CI*ty's budget for the fiscal year in question. The City may affect
19 40
such termination by giving Consultant a written notice of termination at the end of its then -
current fiscal year.
10*0 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, i*f the City determines that there
has been a significant change i*n (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 furnished unless and until there i*s 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 i*s 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 I*n 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 ifon 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.
TenTerminationon 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.
4
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory or which is not performed i*n 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 (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 I*t
deems unsatisfactory, or which i*s not performed i*n compliance with the terms of this Agreement.
12.0 NON -SOLICITATION
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.
13.0 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, and i*s not the City's employee. Consultant's
employees or subcontractors are not the Ci*ty's employees. This Agreement does not create a
40
partnership, employer -employee, 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 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 provi10 de the services required by this Agreement.
5
(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 i*n 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.
14.0 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 i*s 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 i*s 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 i'*s confidential information of Consultant. The CI*ty's confidential
information and Consultant's confidential information i*s collectively referred to as "Confidential
Information." Each party shall use Confidential Information of the other party only i*n
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.
15.0 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or industry standards, and shall be performed i*n a
professional and workmanlike manner. Consultant shall re -perform any work no i*n compliance
with this representation.
16.0 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 Ci*ty's satisfaction
at no additional charge, or (b) I*f 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 iOn 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.
17.0 INDEMNIFICATION 0
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.
7
18.0 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors,
representatives to each other with respect to the terms of this Agreement.
assign any rights or delegate any duties under this Agreement without the
written approval, which approval shall not be unreasonably withheld.
19.0 LOCAL, STATE AND FEDERAL TAXES
assigns and legal
Neither party may
other party s prior
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 i4's anon-profit corporation and not subject to State of Texas
Sales and Use Tax.
20.0 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 i*n 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 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 this 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.
21.0 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, i*n the purchase
or sale of any product, materials or equipment that will be recommended or required hereunder.
8
22.0 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
Juan Martinez
Engineering Associate
3400 Sunrise Road
Round Rock, TX 78665
Telephone: (512) 341-3332
E-mail: jmart inezAroundrocktexas. ov
23.0 NOTICES
All notices and other communications in connection 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:
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.
9
24.0 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.
25.0 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 i*n writing by the duly authorized governing body or
representative for each party.
26.0 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 I m 14) or any applicable state arbitration statute,,
27.0 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
40
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.
28.0 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.
10
29.0 GRATUITIES AND BRIBES
City, may by written notice to Consultant, cancel this Agreement without incurring any
liability to Consultant if I*t is determined by City that gratuities or bribes i*n 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 i"n
Title 8 of the Texas Penal Code.
30*0 RIGHT TO ASSURANCE
Whenever either party to this Agreement, i*n 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 i'os given within the
reasonable time specified when demand i*s made, then and in that event the demanding party may
treat such failure an anticipatory repudiation of this Agreement.
31.0 MISCELLANEOUS PROVISIONS
Time is of the Essence. Consultant agrees that time i*s 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 i*n 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 CI*ty's additional legal rights or remedies. City shall render
10
decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly
progress of Consultant's work.
Force MaIs 10 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
I I
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
By:
Printed Name:
Title:
Date Signed:
For City, Attest:
By:
Sara L. White, City Clerk
For City, Approved as to Form:
By:
Stephan L. Sheets, City Attorney
12
By:
Printed
Title:
Date 41
MAr !f- kouZeXJ
5 4DwT
q HOT Inspection Services, Inc.
HOT Tank Consultants and Inspection Specialists
P.O. Box 1208 • Round Rock, Texas 78680
Exhibit A
City Services
South 81 CET Improvements Project 2021
The City of Round Rock will provide to HOT Inspection Services, Inc. the following
items/information/ass i stance:
1. Furnish any existing data, maps, plans, as -builds or construction drawings, etc. that
may pertain to the project as requested.
2. Provide utility location services for all City owned utilities within the project
boundaries as requested.
3. Provide access to the tank site, assist with tank site visits and drain tank and fill as
needed for the rehabilitation project. Trim any trees or remove obstacles that
impede the access to the tank surfaces.
4. Provide timely review of construction technical specifications, bid items and related
documents that HOT provides for inclusion into the contract bid documents.
5. Provide assistance and coordination with Private Property Owners if needed.
6. Provide production of contract documents, publish dates and bidding information for
project by setting up the information into CIVCAST.
7. Provide Engineering Seal for contract documents.
8. Assist during the pre -bid, bid opening and pre -construction dates.
9. Provide conference room for any meetings during the duration of the project.
10. Process contractor pay request.
Exhibit A/City Services
�t°Ft
HOT Inspection Services, Inc.
HOT Tank Consultants and Inspection Specialists
P.O. Box 1208 • Round Rock, Texas 78680
EXHIBIT B
Scope Of Services
South 81 CET Improvements Proiect 2021
A. PRELIMINARY PHASE
1. Attend preliminary conference with the Owner/Engineer regarding the project.
2. Prepare a preliminary scope of work and schedule on the project indicating the
optional solutions available, including probable cost based on the 2020
Comprehensive Inspection Update and latest information obtained from re-
visiting the tank site.
3. Meeting with Owner discuss which plan of action, schedule and best value
based on the projected outcome of each alternate.
B. PRE CONSTRUCTION PHASE
1. Establish the scope of work and specifications based on the site surveys and
research conducted. Prepare contract technical specification and bid items
authorized by the Owner.
2. Assist the Owner in the advertisements of the project for bids.
3. Conduct a pre bid meeting with the Contractor and Owner if necessary.
4. Assist the Owner in the opening and tabulation of bids for construction of the
project and consult with the Owner as to the proper action to be taken, based on
all of the considerations involved.
6. Conduct a pre construction meeting with the Contractor and Owner.
C. CONSTRUCTION PHASE
1. Conduct on site visits to provide Quality Assurance Surveillance and observe the
progress and quality of the executed work in accordance with the Contract
Documents. In performing these services, reasonable measures will be taken to
protect the Owner against defects and deficiencies in the work of the Contractor.
Responsibility for the actual supervision of construction operations or for the safety
measures that the contractor takes or should take cannot be guaranteed.
2. HOT proposes to provide oversight by an AWS Certified Welding Inspector, NDE
Level III and NACE Level III Certified Coating Inspector on the referenced project
for Southwest Engineers. The objective of this project is to provide quality assurance
Exhibit B/Scope of Services
surveillance of the erection, welding, sandblasting, and painting during the
construction of the referenced water tank. Inspection and testing visits will be
strategic and at the discretion of the Inspector and Engineer. The services to be
provided will include the following:
3. Surface Preparation and Coating Inspection
• Review coating specifications and make comments/recommendations.
• Pre -surface preparation inspection.
• Measurement of ambient conditions.
• Evaluation of compressor and surface preparation equipment.
• Determination of surface preparation cleanliness and profile.
• Inspection of application equipment.
• Witnessing coating mixing.
• Inspecting coating application.
• Determination of wet film thickness.
• Determination of dry film thickness.
Is
• Evaluating cleanliness between coats,.
• W'D itness contractor conduct holiday testing of the inside coating system.
• Evaluate cure.
'a
• Prepare a final inspection report to engineer and owner.
4. The inspection methods to be implemented for the sandblasting and coating
inspections will consist of visual inspections, mil gauging, holiday testing, profile
gauging and atmospheric measuring. All inspections will verify compliance with the
AWWA D102-06 and contract specifications. The measurement of air temperature,
surface temperature, humidity, dew point, coating thickness and holiday detection
will be recorded in an inspector's logbook. The equipment to obtain such
measurements will be supplied by HOT.
3. Consult and advise with the Owner and issue all instructions to the contractor
requested by the Owner. Issue routine change order procedures with Owner's
approval. Change orders to be filled out i*n complete form by the contractor prior
to submitting the final pay request and retai"nage. All signatures required prior to
approval by the City Manager.
4. Review with the Owner, submittals by the Contractor. This review is for the
benefit of the Owner and covers only general conformance with the information
given by the Contract Documents,, This review does not relieve the Contractor of
any responsibility such as appropriate safety measures to protect workers,
property and the public, of the necessity to construct a complete and workable
facility in accordance with the Contract Documents.
5. Obtain and review monthly and final estimates for payments to the contractor,
and furnish to the Owner any recommended payments to contractors and
suppliers.
6. Conduct with the Owner and contractor, a final inspection of the project for
compliance with the Contract Documents and submit recommendations
concerning project status, as it may affect Owner's final payment to Contractor.
Exhibit B/Scope of Services
.tOFt
HOT Inspection Services, Inc.
HO Tank Consultants and Inspection Specialists
P.O. Box 1208 • Round Rock, Texas 78680
Exhibit C
Work Schedule
South 81 CET Improvements Project 2021
South 81 CET
Preliminary Phase 6/1/21 — 6/15/21
Pre -Construction 6/ 15/21 — 10/31 /21
Construction Phase 11 / 1 /21 — 4/ 1 /22
Project bids will be scheduled for opening the week of August 2" d, 2021. Notice to
proceed for construction is estimated for November Is', 2021. The actual construction
schedule may vary depending on tank availability and shutdown schedule by City.
Anticipated completion of South 81 CET is April Is', 2022. The tank will need to be
drained and remain empty until all coatings applications and cure time has been
completed.
Advertise:
Open Bids:
City Council Award:
NTP:
Exhibit C/Work Schedule
OF T
�HOT Inspection Services Inc.
T Tank Consultants and P
Inspection Specialists
P
P.O. Box 1208 • Round Rock, Texas 78680
Exhibit D
Fee Schedule
South 81 CET Improvements Project 2021
Providing personal services to the City of Round Rock for consulting, on -site project
management, and inspection for the rehabilitation and improvements on the South 81
Composite Elevated Storage Tank. Services to include: probable cost estimates,
technical data, pre -construction and construction documents, bidding and negotiation
phase documents, and construction phase inspection.
Total fee below is based on construction cost of $540,000. The fee for consulting and
inspection services provided, whereas the cost is divided between the Preliminary and
Bidding Phases, Pre -Construction Phase and the Construction Phase for the rehabilitation
of South 81 CET.
Cni ith R 1 C F.T
Preliminary Phase/Pre-Design $ 6,000.00
Pre -Construction Phase $18,000.00
Construction Phase $57,000.00
Total Fee $811000.00
Exhibit D/Fee Schedule