R-03-08-14-14D1 - 8/14/2003RESOLUTION NO. R- 03- 08- 14 -14D1
WHEREAS, the City of Round Rock desires to retain personal
services for the annual inspection and evaluation of the City's water
towers and water storage tanks, and
WHEREAS, John H. Konzen has submitted an Agreement for Personal
Services for In- Service Tank Inspection and Evaluation in Conformity
with TCEQ Requirements to provide said services, and
WHEREAS, the City Council desires to enter into said agreement
with John H. Konzen, 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 Personal Services for In- Service
Tank Inspection and Evaluation in Conformity with TCEQ Requirements, a
copy of said agreement 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 551, Texas
Government Code, as amended
RESOLVED this 14th day of August, 2003.
CHRISTINE R. MARTINEZ, City Secr a
®PFDeektop \ : 00MA /WOR LOOX/ O: /WW% /RESOL1R1 /R30814D1.WPD /ac
NYLE ��?r LL, Mayor
City o Round Rock, Texas
y
AGREEMENT made as of the
(In words, indicate day, month and year.)
Agreement for Personal Services with John H. Konzen
for In- Service Tank Inspection and Evaluation
in Conformity with TCEQ Requirements
City of Round Rock
221 East Main Street
Round Rock, Williamson County, Texas 78664
BETWEEN the City of Round Rock, Texas, identified herein as `City":
(Name, address and other information)
and John H. Konzen, identified herein as "Konen ":
(Name, address and other information.)
John H. Konzen
Post Office Box 1208
Round Rock, Williamson County, Texas 78680
For the following Project:
(Include detailed description of Project.)
Personal services including providing (1) all services necessary to accurately assess the integrity of the tank structure and coating system of each
delineated tank, and (2) all labor and equipment necessary to perform condition surveys of seventeen potable water storage tanks.
City and Konzen agree as follows.
ARTICLE 1.1 INITIAL INFORMATION
( ) day of the month of in the year Two Thousand Three.
1.1.1 This Agreement is based on the following information and assumptions.
(Note the disposition for the following items by inserting the requested information or a statement such as "not applicable, " "unknown at time of execution" or
"to be determined later by mutual agreement.")
1.1.2 PROJECT PARAMETERS
1.1.2.1 The objective or use is:
(Ident) or describe, if appropriate, proposed use or goals)
Objectives include, but are not limited to, obtaining personal services from John H. Konzen to accurately assess the integrity of the tank structure
and coating system of each delineated tank, and to furnish all labor and equipment necessary to perform condition surveys of seventeen potable
water storage tanks.
1.1.2.2 The physical parameters are
(Identf or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.)
@ /VWORL rOMOY WDowcowGNnnroNzewaa0Sssss.wewpr
S
9
EXHIBIT
"An
The sites of tanks as follows:
TANK LOCATION
TYPE CAPACITY
Bowman Road Pump Station GS 500,000
McNeil Road Pump Station GS 750,000 *
Lake Creek Pump Station GS 500,000 *
WTP 1 MMG Clearwell GS 1,000,000 *
WTP Clearwell #3 CGS 2,000,000
Westinghouse Pump Station GS 100,000
Southeast Booster Site GS 2,500,000 *
WTP 2 MMG Clearwell GS 2,000,000 *
N. 81 Standpipe SP 750,000
S. 8l Elevated CET 1,250,000
Barton Hill Standpipe SP 500,000
Vista Heights Standpipe SP 1,000,000
1431 Standpipe SP 1,000,000
Meadows at Chandler Creek Elevated Tank ET 750,000 *
Southeast Elevated Tank ET 1,000,000
Chisholm Valley Elevated Tank CET 1,250,000
High Country Elevated Tank CET 1,250,000
GS = Ground Storage
SP = Standpipe
ET = Elevated
CGS = Concrete Ground Storage
CET = Composite Elevated
* Denotes tanks currently under contract for rehabilitation that will receive the minimum required inspection per TCEQ.
No internal inspection by Underwater ROV or narrated video.
1.1.23 City's Program is:
(Identify documentation or state the manner in which the program will be developed.)
1.1.2.4 The legal parameters are:
(Identify pertinent legal information, including, if appropriate, land surveys atd legal descriptions and restrktions of the site.)
1.1.2.5 The financial parameters are as follows:
The fee for Konzen's personal services shall be on a lump sum basis, representing all costs of inspection of the seventeen (17) delineated water
storage tanks:
Total Lump Sum of Eleven Thousand and No /I 00 Dollars ($11,000.00).
Note that if all tanks are not available on a consecutive basis, then an additional mobilization fee may be charged by Konzen. Such additional
mobilization fee shall be negotiated between the parties, and shall be agreed upon prior to Konzen returning to the site
Note that the quoted lump sum of $11,000.00 assumes that tanks will be accessible for inspect ion, and that additional charges may be negotiated
by Konzen should any restrictions require special work.
1.1.2.6 The time parameters are:
(Ident, f appropriate, milestone dates, durations or fast track scheduling.)
Three (3) months from Konzen's receipt of City's written Notice to Proceed.
Time of Pefonnance: All inspection visits shall be scheduled with City and Konzen if required for performing the necessary inspections and
testing.
1.1.2.7 The proposed procurement or delivery method for the Project is:
( Identify method such as competitive bid, negotiated contract, or construction management.)
Personal services herein are engaged by this negotiated Agreement.
2
1.1.2.8 Other parameters are:
(identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.)
Unknown at this time.
1.13 PROJECT TEAM
1.13.1 City's Designated Representative is:
(List name, address and other information)
Don Rundell, Project Manager
City of Round Rock Public Works
2008 Enterprise Drive
Round Rock, Texas 78664
1.13.2 The persons or entity, in addition to City's Designated Representative, who is required to review Konzen's submittals to City are:
(List name, address and other information.)
James R. Nuse, P.E.
City Manager
221 East Main Street
Round Rock, Texas 78664
1.133 City's other consultants and contractors are:
(List discipline and if known, identify them by name and address.)
Unknown at this time.
1.13.4 Konzen's Designated Representative is:
(List name, address and other information)
John H. Konzen
Post Office Box 1208
Round Rock, Texas 78680
1.13.5 The consultants retained at Konzen's expense are
(List discipline and, if known, identify them by name and address)
None. This is a personal services Agreement with John H. Konen.
1.1.4 Other important initial information is:
It is expressly understood and agreed by and between the parties hereto that any alteration in schedule, compensation and Change in Services
shall be effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to this Agreement must be duly authorized by City
Council resolution.
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 City and Konzen shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall
endeavor to maintain good working relationships.
1.2.2 OWNER'S RESPONSIBILITIES
1.2.2.1 Unless otherwise provided under this Agreement, City shall provide full information in a timely manner regarding requirements for and
limitations on the Project. City shall famish to Konzen, within fifteen (15) days after receipt of a written request, information necessary and
relevant for Konzen to evaluate, give notice of or enforce rights.
1.2.2.2 City shall establish and periodically update the budget for the Project, including that portion allocated for the Cost of the Work, City's
other costs, and reasonable contingencies related to all costs.
1.2.23 City's Designated Representative identified in Section 1.1.3 shall be authorized to act on City's behalf with respect to the Project. City
3
or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Konzen in order to avoid
unreasonable delay in the orderly and sequential progress of Konzen's services.
1.2.2.4 Unless otherwise provided in this Agreement, and if requested in writing, City shall furnish or pay for tests, inspections and reports
required by law such as tests for air and water pollution and/or tests for hazardous materials.
1.2.2.5 City shall famish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time
for the Project to meet City's needs and interests.
1.2.2.6 Each party shall provide prompt written notice to the other if either becomes aware of any fault or defect in the Project, including any
errors, omissions or inconsistencies.
1.2.2.7 City shall coordinate and provide means to rum pumps off during any underwater operations, if possible.
1.2.3 KONZEN'S RESPONSIBILITIES
1.23.1 The services performed by Konzen shall be as enumerated in Article 1.4 and as enumerated elsewhere herein, in attached and
accompanying documents, in exhibits, in supplemental documents, and in related documents.
1.23.2 Konzen's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the
Project. Konzen shall submit for City's approval a schedule for the performance of services which initially shall be consistent with the time
periods established in this Agreement and which may be adjusted, if necessary and approved City, as the Project proceeds. This schedule shall
include allowances for periods of time required for City's review, and for approval of submissions by authorities having jurisdiction over the
Project. Time limits established by this schedule approved by City shall not, except for reasonable cause, be exceeded by Konzen or City.
1.2.3.3 Konzen, as his own Designated Representative identified in Section 1.1.3.4, shall be the person authorized to act with respect to the
Project.
1.2.3.4 Konzen shall maintain the confidentiality of information specifically designated as confidential by City, unless withholding such
information would violate the law, create the risk of significant harm to the public or prevent Konzen from establishing a claim or defense in an
adjudicatory proceeding.
1.2.3.5 Except with City's knowledge and consent, Konzen shall not engage in any activity, or accept any employment, interest or contribution
that would reasonably appear to compromise Konzen's professional judgment with respect to this Project.
1.23.6 Konzen shall review laws, codes, and regulations applicable to his services. Konzen shall respond in the Project to requirements
imposed by governmental authorities having jurisdiction over the Project
1.23.7 Konzen shall be entitled to reasonably rely on the accuracy and completeness of services and information furnished by City. Each party
shall provide prompt written notice to the other if either becomes aware of any errors, omissions or inconsistencies in such services or
information.
ARTICLE 13 TERMS AND CONDITIONS
13.1 COST OF THE WORK
13.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to City of all elements of
the Project designed or specified by Konzen.
13.1.2 The Cost of the Work shall be as delineated herein in Section 1.1.2.5.
13.2 INSTRUMENTS OF SERVICE
1.3.2.1 Drawings, reports, specifications and other documents, including those in electronic form, prepared by Konzen are for use solely with
respect to this Project All Konzen's designs and work product under this Agreement , completed or partially completed, shall be the property of
City to be used as City desires, without restriction on future use; by execution of this Agreement and in confirmation of the fee for services to be
paid under this Agreement, Konzen hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any
successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project
designs and work product developed under this Agreement Copies may be retained by Konzen
1.3.2.2 Upon execution of this Agreement, Konzen grants to City permission to reproduce Konzen's Instruments of Service for purposes of
constructing, using and maintaining the Project, provided that City shall comply with all obligations, including prompt payment of all sums when
4
due, under this Agreement. If and upon the date Konzen is adjudged in default of this Agreement, City is permitted to authorize other similarly
credentialed persons to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service for the
purposes of completing, using and maintaining the Project.
13.23 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior
written agreement of Konzen. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar
purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without
liability to Konzen
133 CHANGE IN SERVICES
133.1 Change in Services of Konzen may be accomplished after execution of this Agreement, without invalidating the Agreement, if
mutually agreed in writing. It is expressly understood and agreed by and between the parties hereto that any alteration in schedule,
compensation and Change in Services shall be effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to this
contract must be duly authorized by City Council resolution.
13.4 MEDIATION
13.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation. If such matter
relates to or is the subject of a lien arising out of Konzen's services, Konzen may proceed in accordance with applicable law to comply with the
lien notice or filing deadlines prior to resolution of the matter by mediation.
13.4.2 City and Konzen shall endeavor to resolve claims, disputes and other matters in question between them by mediation. Request for
mediation shall be filed in writing with the other party to this Agreement, and mediation shall proceed in advance of legal or equitable
proceedings, which shall be stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by
agreement of the parties or court order.
13.43 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is
located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any
court having jurisdiction thereof.
13.5 ARBITRATION
135.1 City and Konzen hereby expressly agree that no claims or disputes between City and Konzen arising out of or relating to this
Agreement or a breach hereof shall be decided by any arbitration proceeding, including, without limitation, any proceeding under the Federal
Arbitration Act (9 U.S.C. Section 1 - 14) or any applicable state arbitration statute, except that in the event that City is subject to an arbitration
proceeding related to the Project, Konzen consents to be joined in the arbitration proceeding if Konzen's presence is required or requested by
City for complete relief to be accorded in the arbitration proceeding.
13.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
13.6.1 Konzen and City waive consequential damages for claims, disputes or other matters in question arising out of or relating to this
Agreement This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance
with Section 13.8.
13.7 MISCELLANEOUS PROVISIONS
13.7.1 This Agreement shall be governed by the laws of the state of Texas, and venue shall lie in Williamson County, Texas.
13.7.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the
applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring
prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial
Completion. In no event shall such statutes of limitations commence to run any later than the date when Konzen's services are substantially
completed
13.73 To the extent damages are covered by property insurance during construction, City and Konzen waive all rights against each other and
against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of
insurance as as delineated between City and Contractor.
13.7.4 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against
either City or Konzen.
5
1.3.7.5 If City requests Konzen to execute certificates, the proposed language of such certificates shall be submitted to Konzen for review at
least fourteen (14) days prior to the requested dates of execution. Konzen shall not be required to execute certificates that would require
knowledge, services or responsibilities beyond the scope of this Agreement
1.3.7.6 City and Konzen, respectively, bind themselves, their successors, assigns and legal representatives to the other party to this Agreement
and to the successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither City nor
Konzen shall assign this Agreement without the written consent of the other, except that City may assign this Agreement to an institutional
lender providing financing for the Project. In such event, the lender shall assume City's rights and obligations under this Agreement Konzen
shall execute all consents reasonably required to facilitate such assignment.
1.3.7.7 Konzen shall comply with all applicable federal and state laws, the Charter and ordinances of the City of Round Rock, and with all
applicable rules and regulations promulgated by all local, state and national boards, bureaus and agencies. Konzen shall further obtain all
permits and licenses required in the performance of the personal services contracted for herein.
1.3.7.8 Konzen will pay all taxes, if any, required by law arising by virtue of the personal services performed hereunder. City is qualified for
exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
1.3.7.9 Konzen covenants and represents that he will have no financial interest, direct or indirect, in the purchase or sale of any product,
materials or equipment that will be recommended or required for the Project.
13.7.10 Konzen understands and agrees that time is of the essence and that any failure of Konzen to complete the services for each portion
of this Agreement within the agreed schedule will constitute a material breach of this Agreement.
13.7.11 Neither City nor Konzen shall be deemed in violation of this Agreement if prevented from performing any obligations hereunder by
reasons for which it or he are not responsible or circumstances beyond its or his control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
13.8 TERMINATION OR SUSPENSION
13.8.1 If City fails to make payments to Konzen in substantial compliance with this Agreement, such failure may be considered substantial
nonperformance and cause for suspension of performance of services under this Agreement If Konzen elects to suspend services, prior to
suspension of services, Konzen shall give fifteen (15) days' written notice to City. In the event of a suspension of services, Konzen shall have
no liability to City for delay or damage caused City because of such suspension of services. Before resuming services, Konzen shall be paid all
non - disputed sums due prior to suspension. Konzen's fees for the remaining services and the time schedules shall be equitably adjusted.
13.8.2 In connection with the work outlined in this Agreement, it is agreed and fully understood by Konzen that City may cancel or
indefinitely suspend further work hereunder or terminate this Agreement either for cause or for the convenience of City, upon fifteen (15) days'
written notice to Konzen, with the understanding that immediately upon receipt of said notice all work and labor being performed under this
Agreement shall cease. Konzen shall invoice City for all work satisfactorily completed and shall be compensated in accordance with the terms
of this Agreement for all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. All plans,
field surveys, maps, cross sections and other data, designs and work related to the Project shall become the property of City upon termination of
this Agreement, and shall be promptly delivered to City in a reasonably organized form without restriction on future use. Should City
subsequently contract with another person for continuation of services on the Project, Konzen shall cooperate in providing information.
13.83 Nothing contained in Section 1.3.8.2 shall require City to pay for any work which is unsatisfactory as determined by City's
representative or which is not submitted in compliance with the tens of this Agreement. City shall not be required to make any payments to
Konzen when Konzen is in default under this Agreement, nor shall this section constitute a waiver of any right, at law or at equity, which City
may have if Konzen is in default, including the right to bring legal action for damages or to force specific performance of this Agreement
13.9 PAYMENTS TO KONZEN
13.9.1 Payments on account of services rendered shall be made monthly upon presentation of Konzen's invoices. No deductions shall be
made from Konzen's compensation on account of penalty, liquidated damages or other sums withheld from payments, or on account of the cost
of Changes in the Work, other than those for which Konzen has been adjudged to be liable.
ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between City and Konzen and
supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both City and Konzen
1.4.1.1 Other documents as follows:
6
(List other documents, if any, forming part of the Agreement)
Exhibit "A" entitled "Konzen's Scope of Services.
1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows:
ARTICLE 1.5 COMPENSATION
1.5.1 For Konzen's services as described herein, compensation shall be computed as follows:
In accordance with Section 1.1.2.5 herein.
1.5.2 If the services of Konzen are changed as described in Section 1.3.3.1, the compensation may be adjusted Such adjustment shall be
calculated in an equitable manner.
(Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and ident fy Principals and classify
employees, if required. Identi specific services to which particular methods of compensation apply)
1.5.3 Payments are due and payable thirty (30) days from the date of Konzen's invoice, or not later than the time period required under the
Texas I'.ouipt Payment Act, whichever is later. Non - disputed amounts unpaid sixty (60) days after the invoice date shall bear interest at the rate
entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of Konzen.
(Insert rate of interest agreed upon.)
One and one - half percent (1 %%) per month
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and
Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be
obtained with respect to deletions or modfcations, and also regarding requirements such as written disclosures or waivers.)
ARTICLE 1.6 INDEMNIFICATION
1.6.1 Indemnification (Damage Claims). Konzen agrees to defend, indemnify and hold City, its officers, agents and employees, harmless
against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for
which recovery of damages is sought, suffered by any person or persons, that may arise out of or be orrnsioned by Konzen's breach of any of the
teens or provisions of this Agreement, or by any negligent act or omission of Konzen in the performance of this Agreement except that the
indemnity provided for in this section shall not apply to any liability resulting from the sole negligence of City, its officers, agents, employees or
separate contractors, and in the event of joint and concurrent negligence of both Konzen and City, responsibility and indemnity, if any, shall be
apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to
City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this section are solely for the benefit of
the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
ARTICLE 1.7 INSURANCE
1.7.1 Insurance. Konzen, at his sole cost, shall purchase and maintain during the term and entire duration of this Agreement minimum
insurance coverages in the types and amounts as follow:
A.. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence including like coverage for
acts and omissions of subcontractors and contractual liability coverage;
B. Property Damage Insurance with minimum limits of 550,000 for each occurrence including like coverage for acts and omissions of
subcontractors and contractual liability coverage.
C. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with minimum limits for Bodily injury of $100,000 for each
person and 5300,000 for each occurrence, and Property Damage minimum limits of 550,000 for each occurrence. Konzen shall require
subcontractors to provide Automobile Liability Insurance with the same minimum limits.
1.7.2 Insurance Requirements.
(I) All insurance shall be obtained by Konzen from a company authorized to do insurance business in Texas and otherwise acceptable
to City.
(2) Konzen shall not commence work at any site under this Agreement until he has obtained all required insurance and until such
insurance has been approved by City. Konen shall not allow any subcontractors to commence work until all insurance required
has been obtained and approved. Approval of the insurance by City shall not relieve or decrease the liability of Konzen hereunder.
7
1.73 Insurance Policy Endorsements. Each insurance policy hereunder shall include the following conditions by endorsement to the
policy.
(I) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any material change in
coverage, a notice thereof shall be given to City by certified mail to:
James R Nuse, P.E.
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Konzen shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, non - renewal, or material
change in coverage it receives from its insurer.
(2) Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any
deductibles which all are at the sole responsibility and risk of Konzen
(3)
The terms "City" or "City of Round Rock" shall include all authorities, Boards, Commissions, Departments, and officers of City
and the individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the City of
Round Rock.
(4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage,
or to City's Self - Insured Retentions of whatever nature.
1.73 Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Konzen shall be borne solely by Konzen,
with certificates of insurance evidencing such minimum coverage in force to be filed with City.
IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly
authorized to execute the same in its behalf by Resolution No. approved by the City Council on and
by John H. Konzen, with both parties binding themselves, their successors and assigns and legal representatives for the faithful and full
performance of the terms and provisions of this Agreement
OWNER: PROVIDER OF PERSON - ERVICES:
Christine R. Martinez, City Secretary
CITY OF ROUND ROCK, TEXAS J
By: A
Maxwell, Mayor _
ATTEST: /
8
Page 2. 2003 CORR Annual Tank Inspection Proposal
Qualifications of Inspector
John H. Konzen, owner and president of HOT Inspection Services, Inc., will provide the
inspection, evaluation and technical report information for this project. Mr. Konzen has
over 25 years experience in the design, construction, and inspection of storage tanks. The
qualifications and certifications at minimum are AWS Certified Welding Inspector,
NACE Certified Coating Inspector and TSA Confined Space Certified. Additional
credential information can be obtained from the HOT Inspection Services, Inc., web site
at www.hotinspection.com.
Pre - Inspection and Tank History Review
A review of tank construction drawings and specifications will be conducted to gather
information on the history of the tank design and coating system. The history
information is pertinent to the recommendation phase of the project. In cases where
history information is not available, assumptions will be made based on experience and
the data gathered during the in- service inspection.
Tank Inspection and Condition Survey
HOT will provide inspections and evaluation necessary to meet and exceed the Texas
Administrative Code of TCEQ Chapter 290 subchapter D. The overall survey will
provide information and data that supports the assessment given for each tank. The
following components of each tank to be inspected shall include:
A. Exterior — access to the areas listed will be obtained from the roof/shell access
ladder, extension ladder and with the aid of field binoculars.
1. Shell
2. Roof
3. Roof hatch
4. Manway
5. Cathodic Protection Anode plate covers
6. Water level indicator
7. Vent
8. Foundation and bottom annular ring
9. Riser
10. Anchor chairs/bolts
11. Overflow pipe and flap valve
12. Access ladder
EXHIBIT
"Au
•r
Page 3. 2003 CORR Annual Tank Inspection Proposal
The information and data obtained from the exterior 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. Exterior dry film thickness readings
(DFT) and SSPC ratings of the metal surfaces will be taken. Adhesion testing will be
provided of the coating system and rated as per ASTM D -3359. Paint analysis of the
total lead content will be taken on the exterior coated surface of each tank coated after
1982. Exterior photographs showing highlights of the tank components being inspected.
B. Internal — access to the areas listed will be obtained by an underwater ROV fully .
equipped with lights and video camera. Complete details and specifications of the
underwater equipment can be found on the HOT Inspection Services, Inc. web
site at www.hotinspection.com. The underwater ROV will be decontaminated in
accordance with AWWA C652 -92 Method 2.
1. Roof Hatch
2. Overflow
3. Weir box
4. Riser
5. Interior ladder
6. Roof
7. Roof support system
8. Shell
9. Floor
10. Water quality
The information and data obtained from the interior 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. Interior SSPC ratings of the metal
surfaces will be taken. Interior photographs showing highlights of the tank components
being inspected will be provided. The complete interior inspection will be recorded with
voice commentary and stored on high quality VHS tape.
Report
HOT will provide a technical report complete with narrated video, photographs, test
results and evaluation of each tank. The report will include recommendations for
compliance to OSHA, TCEQ regulations and AWWA standards. The estimated life
expectancy and cost of recommended repairs will be included.
WORK EXCLUDED:
Work required for making the access ladder OSHA safe for accessing the tank is not
included in the cost of this project.
•
TA HEIGHTS STANDPIPE,
.41431 STAND PIPE
BARTON HILL TANK STANDPIPE
WESTINGHOUSE PUMPSTATION
WATER y PLANT •
MARTINHILL GST'
* -
Gii COUNTRY EST
2003 WATER DISTRIBUTION SYSTEM
AND ROO(
Resource:
History:
DATE: August 8, 2003
SUBJECT: City Council Meeting - August 14, 2003
ITEM: *14.D.1. Consider a resolution authorizing the Mayor to execute an
Agreement for Personal Services with John H. Konzen for
In- Service Tank Inspection and Evaluation in Conformity
with Texas Commission on Environmental Quality (TCEQ)
Requirements for the annual inspection of the City's water
towers and water storage tanks.
Tom Word, Chief of Public Works Operations
Tom Clark, Director of Utilities
Ronnie Jean, Utility Manager
The Texas Commission on Environmental Quality (TCEQ) rules
require annual inspection of the City's water towers and water
storage tanks. The City has 5 elevated storage tanks, 4
standpipes and 8 ground storage tanks that will be inspected.
Mr. Konzen will inspect the interior and exterior of these storage
tanks structural integrity, corrosion and paint condition and
recommend any maintenance that will be required to maintain
the long -term integrity of these facilities.
Funding:
Cost: $11,000
Source of funds: Water /Wastewater operating budget
Outside Resources: John H. Konzen
Impact: /Benefit: Will provide long -term service of City assets
Public Comment: N/A
Sponsor: N/A
For the following Project:
(Include detailed description of Project)
Agreement for Personal Services with John H. Konzen
for In- Service Tank Inspection and Evaluation
in Conformity with TCEQ Requirements
AGREEMENT made as of the FoUP166) ( P4) day of the month of N U 441 S1' in the year Two Thousand Three.
(In words, indicate day, month and year.)
BETWEEN the City of Round Rock, Texas, identified herein as "City":
(Name, address and other information.)
City of Round Rock
221 East Main Street
Round Rock, Williamson County, Texas 78664
and John H. Konzen, identified herein as "Konzen ":
(Name, address and other information)
John H. Konzen
Post Office Box 1208
Round Rock, Williamson County, Texas 78680
Personal services including providing (1) all services necessary to accurately assess the integrity of the tank structure and coating system of each
delineated tank, and (2) all labor and equipment necessary to perform condition surveys of seventeen potable water storage tanks.
City and Konzen agree as follows.
ARTICLE 1.1 INITIAL INFORMATION
1.1.1 This Agreement is based on the following information and assumptions.
(Note the disposition for the following items by inserting the requested information or a. statement such as "nos applicable, " "unknown at time of execution" or
"to be determined laser by mutual agreement. )
1.1.2 PROJECT PARAMETERS
1.1.2.1 The objective or use is:
(Identify or describe, if appropriate, proposed use or goals.)
Objectives include, but are not limited to, obtaining personal services from John H. Konzen to accurately assess the integrity of the tank structure
and coating system of each delineated tank, and to furnish all labor and equipment necessary to perform condition surveys of seventeen potable
water storage tanks.
1.1.2.2 The physical parameters are:
(Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site)
@ Fneskiop.: OD1W WWORIDOXI OIWOOX/ CORIVGNIIKONZENl00052975 .WPIYjkg
P-03-68-/4-11-01
The sites of tanks as follows:
TANK LOCATION
Bowman Road Pump Station GS 500,000
McNeil Road Pump Station GS 750,000 *
Lake Creek Pump Station GS 500,000 *
WTP 1 MMG Clearwell GS 1,000,000 *
WTP Clearwell #3 CGS 2,000,000
Westinghouse Pump Station GS 100,000
Southeast Booster Site GS 2,500,000 *
WTP 2 MMG Clearwell GS 2,000,000 *
N. 81 Standpipe SP 750,000
S. 81 Elevated CET 1,250,000
Barton Hill Standpipe SP 500,000
Vista Heights Standpipe SP 1,000,000
1431 Standpipe SP 1,000,000
Meadows at Chandler Creek Elevated Tank ET 750,000 *
Southeast Elevated Tank ET 1,000,000
Chisholm Valley Elevated Tank CET 1,250,000
High Country Elevated Tank CET 1,250,000
GS = Ground Storage
SP = Standpipe
ET = Elevated
CGS = Concrete Ground Storage
CET = Composite Elevated
* Denotes tanks currently under contract for rehabilitation that will receive the minimum required inspection per TCEQ.
No internal inspection by Underwater ROV or narrated video.
1.1.23 City's Program is:
(Identify documentation or state the manner in which the program will be developed.)
1.1.2.4 The legal parameters are:
(Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site.)
1.1.2.5 The financial parameters are as follows:
The fee for Konzen's personal services shall be on a lump sum basis, representing all costs of inspection of the seventeen (17) delineated water
storage tanks:
Total Lump Sum of Eleven Thousand and No /100 Dollars ($11,000.00).
Note that if all tanks are not available on a consecutive basis, then an additional mobilization fee may be charged by Konzen. Such additional
mobilization fee shall be negotiated between the parries, and shall be agreed upon prior to Konzen returning to the site.
Note that the quoted lump sum of $11,000.00 assumes that tanks will be accessible for inspection, and that additional charges may be negotiated
by Konzen should any restrictions require special work.
1.1.2.6 The time parameters are:
(Identify, if appropriate, milestone dates, durations or fast track scheduling.)
Three (3) months from Konzen's receipt of City's written Notice to Proceed.
Time of Performance: All inspection visits shall be scheduled with City and Konzen if required for performing the necessary inspections and
testing.
1.1.2.7 The proposed procurement or delivery method for the Project is:
(Identify method such as competitive bid, negotiated contract, or construction management)
Personal services herein are engaged by this negotiated Agreement.
TYPE CAPACITY
2
1.1.2.8 Other parameters are:
(Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.)
Unknown at this time.
1.1.3 PROJECT TEAM
1.1.3.1 City's Designated Representative is:
(List name, address and other information)
Don Runde'', Project Manager
City of Round Rock Public Works
2008 Enterprise Drive
Round Rock, Texas 78664
1.1.3.2 The persons or entity, in addition to City's Designated Representative, who is required to review Konzen's submittals to City are:
(List name, address and other information)
James R. Nuse, P.E.
City Manager
221 East Main Street
Round Rock, Texas 78664
1.1.3.3 City's other consultants and contractors are:
(List discipline and, if known, identify them by name and address.)
Unknown at this time.
1.1.3.4 Konzen's Designated Representative is:
(List name, address and other information)
John H. Konzen
Post Office Box 1208
Round Rock, Texas 78680
1.1.3.5 The consultants retained at Konzen's expense are:
(List discipline and, if known, identify them by name and address)
None. This is a personal services Agreement with John H. Konzen.
1.1.4 Other important initial information is:
It is expressly understood and agreed by and between the parties hereto that any alteration in schedule, compensation and Change in Services
shall be effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to this Agreement must be duly authorized by City
Council resolution.
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 City and Konzen shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall
endeavor to maintain good working relationships.
1.2.2 OWNER'S RESPONSIBILITIES
1.2.2.1 Unless otherwise provided under this Agreement, City shall provide full information in a timely manner regarding requirements for and
limitations on the Project. City shall furnish to Konzen, within fifteen (15) days after receipt of a written request, information necessary and
relevant for Konzen to evaluate, give notice of or enforce rights.
1.2.2.2 City shall establish and periodically update the budget for the Project, including that portion allocated for the Cost of the Work, City's
other costs, and reasonable contingencies related to all costs.
1.2.2.3 City's Designated Representative identified in Section 1.1.3 shall be authorized to act on City's behalf with respect to the Project. City
3
or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Konzen in ordcr to avoid
unreasonable delay in the orderly and sequential progress of Konzen's services.
1.2.2.4 Unless otherwise provided in this Agreement, and if requested in writing, City shall furnish or pay for tests, inspections and reports
required by law such as tests for air and water pollution and/or tests for hazardous materials.
1.2.25 City shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time
for the Project to meet City's needs and interests,
1.2.2.6 Each party shall provide prompt written notice to the other if either becomes aware of any fault or defect in the Project, including any
errors, omissions or inconsistencies.
1.2.2.7 City shall coordinate and provide means to turn pumps off during any underwater operations, if possible.
1.23 KONZEN'S RESPONSIBILITIES
1.23.1 The services performed by Konzen shall be as enumerated in Article 1.4 and as enumerated elsewhere herein, in attached and
accompanying documents, in exhibits, in supplemental documents, and in related documents.
1.23.2 Konzen's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the
Project. Konzen shall submit for City's approval a schedule for the performance of services which initially shall be consistent with the time
periods established in this Agreement and which may be adjusted, if necessary and approved City, as the Project proceeds. This schedule shall
include allowances for periods of time required for City's review, and for approval of submissions by authorities having jurisdiction over the
Project. Time limits established by this schedule approved by City shall not, except for reasonable cause, be exceeded by Konzen or City.
1.233 Konzen, as his own Designated Representative identified in Section 1.1.3.4, shall be the person authorized to act with respect to the
Project.
1.23.4 Konzen shall maintain the confidentiality of information specifically designated as confidential by City, unless withholding such
information would violate the law, create the risk of significant harm to the public or prevent Konzen from establishing a claim or defense in an
adjudicatory proceeding.
1.23.5 Except with City's knowledge and consent, Konzen shall not engage in any activity, or accept any employment, interest or contribution
that would reasonably appear to compromise Konzen's professional judgment with respect to this Project.
1.23.6 Konzen shall review laws, codes, and regulations applicable to his services. Konzen shall respond in the Project to requirements
imposed by governmental authorities having jurisdiction over the Project.
1.23.7 Konzen shall be entitled to reasonably rely on the accuracy and completeness of services and information famished by City. Each party
shall provide prompt written notice to the other if either becomes aware of any errors, omissions or inconsistencies in such services or
information.
ARTICLE 13 TERMS AND CONDITIONS
1.3.1 COST OF THE WORK
13.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to City of all elements of
the Project designed or specified by Konzen.
13.1.2 The Cost of the Work shall be as delineated herein in Section 1.1.2.5.
1.3.2 INSTRUMENTS OF SERVICE
1.3.2.1 Drawings, reports, specifications and other documents, including those in electronic form, prepared by Konzen are for use solely with
respect to this Project. All Konzen's designs and work product under this Agreement , completed or partially completed, shall be the property of
City to be used as City desires, without restriction on future use; by execution of this Agreement and in confirmation of the fee for services to be
paid under this Agreement, Konzen hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any
successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project
designs and work product developed under this Agreement. Copies may be retained by Konzen
13.2.2 Upon execution of this Agreement, Konzen grants to City permission to reproduce Konzen's Instruments of Service for purposes of
constructing, using and maintaining the Project, provided that City shall comply with all obligations, including prompt payment of all sums when
4
due, under this Agreement If and upon the date Konzen is adjudged in default of this Agreement, City is permitted to authorize other similarly
credentialed persons to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service for the
purposes of completing, using and maintaining the Project.
13.2.3 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior
written agreement of Konzen. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar
purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without
liability to Konzen
13.3 CHANCE IN SERVICES
133.1 Change in Services of Konzen may be accomplished after execution of this Agreement, without invalidating the Agreement, if
mutually agreed in writing. It is expressly understood and agreed by and between the parties hereto that any alteration in schedule,
compensation and Change in Services shall be effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to this
contract must be duly authorized by City Council resolution.
13.4 MEDIATION
13.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation. If such matter
relates to or is the subject of a lien arising out of Konzen's services, Konzen may proceed in accordance with applicable law to comply with the
lien notice or filing deadlines prior to resolution of the matter by mediation.
13.4.2 City and Konzen shall endeavor to resolve claims, disputes and other matters in question between them by mediation. Request for
mediation shall be filed in writing with the other party to this Agreement, and mediation shall proceed in advance of legal or equitable
proceedings, which shall be stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by
agreement of the parties or court order.
13.43 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is
located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any
court having jurisdiction thereof.
133 ARBITRATION
13.5.1 City and Konzen hereby expressly agree that no claims or disputes between City and Konzen arising out of or relating to this
Agreement or a breach hereof shall be decided by any arbitration proceeding, including, without limitation, any proceeding under the Federal
Arbitration Act (9 U.S.C. Section 1 -14) or any applicable state arbitration statute, except that in the event that City is subject to an arbitration
proceeding related to the Project, Konzen consents to be joined in the arbitration proceeding if Konzen's presence is required or requested by
City for complete relief to be accorded in the arbitration proceeding.
13.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
13.6.1 Konzen and City waive consequential damages for claims, disputes or other matters in question arising out of or relating to this
Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance
with Section 1.3.8.
13.7 MISCELLANEOUS PROVISIONS
13.7.1 This Agreement shall be governed by the laws of the state of Texas, and venue shall lie in Williamson County, Texas.
1.3.7.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the
applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring
prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial
Completion. In no event shall such statutes of limitations commence to run any later than the date when Konzen's services are substantially
completed.
13.73 To the extent damages are covered by property insurance during construction, City and Konzen waive all rights against each other and
against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of
insurance as as delineated between City and Contractor.
13.7.4 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against
either City or Konzen.
5
13.7.5 If City requests Konzen to execute certificates, the proposed language of such certificates shall be submitted to Konzen for review at
least fourteen (14) days prior to the requested dates of execution. Konzen shall not be required to execute certificates that would require
knowledge, services or responsibilities beyond the scope of this Agreement.
13.7.6 City and Konzen, respectively, bind themselves, their successors, assigns and legal representatives to the other party to this Agreement
and to the successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither City nor
Konzen shall assign this Agreement without the written consent of the other, except that City may assign this Agreement to an institutional
lender providing financing for the Project. In such event, the lender shall assume City's rights and obligations under this Agreement. Konzen
shall execute all consents reasonably required to facilitate such assignment.
13.7.7 Konzen shall comply with all applicable federal and state laws, the Charter and ordinances of the City of Round Rock, and with all
applicable rules and regulations promulgated by all local, state and national boards, bureaus and agencies. Konzen shall further obtain all
permits and licenses required in the performance of the personal services contracted for herein.
13.7.8 Konzen will pay all taxes, if any, required by law arising by virtue of the personal services performed hereunder. City is qualified for
exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
1.3.7.9 Konzen covenants and represents that he will have no financial interest, direct or indirect, in the purchase or sale of any product,
materials or equipment that will be recommended or required for the Project.
13.7.10 Konzen understands and agrees that time is of the essence and that any failure of Konzen to complete the services for each portion
of this Agreement within the agreed schedule will constitute a material breach of this Agreement.
13.7.11 Neither City nor Konzen shall be deemed in violation of this Agreement if prevented from performing any obligations hereunder by
reasons for which it or he are not responsible or circumstances beyond its or his control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
13.8 TERMINATION OR SUSPENSION
13.8.1 If City fails to make payments to Konzen in substantial compliance with this Agreement, such failure may be considered substantial
nonperformance and cause for suspension of performance of services under this Agreement. If Konzen elects to suspend services, prior to
suspension of services, Konzen shall give fifteen (15) days' written notice to City. In the event of a suspension of services, Konzen shall have
no liability to City for delay or damage caused City because of such suspension of services. Before resuming services, Konzen shall be paid all
non - disputed sums due prior to suspension. Konzen's fees for the remaining services and the time schedules shall be equitably adjusted.
13.8.2 In connection with the work outlined in this Agreement, it is agreed and fully understood by Konzen that City may cancel or
indefinitely suspend further work hereunder or terminate this Agreement either for cause or for the convenience of City, upon fifteen (15) days'
written notice to Konzen, with the understanding that immediately upon receipt of said notice all work and labor being performed under this
Agreement shall cease. Konzen shall invoice City for all work satisfactorily completed and shall be compensated in accordance with the terms
of this Agreement for all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. All plans,
field surveys, maps, cross sections and other data, designs and work related to the Project shall become the property of City upon termination of
this Agreement, and shall be promptly delivered to City in a reasonably organized form without restriction on future use. Should City
subsequently contract with another person for continuation of services on the Project, Konzen shall cooperate in providing information.
13.83 Nothing contained in Section 1.3.8.2 shall require City to pay for any work which is unsatisfactory as determined by City's
representative or which is not submitted in compliance with the terms of this Agreement. City shall not be required to make any payments to
Konzen when Konzen is in default under this Agreement, nor shall this section constitute a waiver of any right, at law or at equity, which City
may have if Konzen is in default, including the right to bring legal action for damages or to force specific performance of this Agreement.
13.9 PAYMENTS TO KONZEN
13.9.1 Payments on account of services rendered shall be made monthly upon presentation of Konzen's invoices. No deductions shall be
made from Konzen's compensation on account of penalty, liquidated damages or other sums withheld from payments, or on account of the cost
of Changes in the Work, other than those for which Konzen has been adjudged to be liable.
ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between City and Konzen and
supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both City and Konzen
1.4.1.1 Other documents as follows:
6
(List other documents, if any, forming part of the Agreement)
Exhibit "A" entitled "Konzen's Scope of Services.
1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows:
ARTICLE 1.5 COMPENSATION
1.5.1 For Konzen's services as described herein, compensation shall be computed as follows:
In accordance with Section 1.1.2.5 herein.
13.2 If the services of Konzen are changed as described in Section 1.3.3.1, the compensation may be adjusted. Such adjustment shall be
calculated in an equitable manner.
(Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify
employees. if required. Identify specific services to which particular methods of compensation apply)
1.5.3 Payments are due and payable thirty (30) days from the date of Konzen's invoice, or not later than the time period required under the
Texas Prompt Payment Act, whichever is later. Non - disputed amounts unpaid sixty (60) days after the invoice date shall bear interest at the rate
entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of Konzen.
(Insert rate of interest agreed upon)
One and one -half percent (1 V5 %) per month
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and
Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be
obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.)
ARTICLE 1.6 INDEMNIFICATION
1.6.1 Indemnification (Damage Claims). Konzen agrees to defend, indemnify and hold City, its officers, agents and employees, harmless
against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for
which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by Konzen's breach of any of the
terms or provisions of this Agreement, or by any negligent act or omission of Konzen in the performance of this Agreement; except that the
indemnity provided for in this section shall not apply to any liability resulting from the sole negligence of City, its officers, agents, employees or
separate contractors, and in the event of joint and concurrent negligence of both Konzen and City, responsibility and indemnity, if any, shall be
apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to
City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this section are solely for the benefit of
the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
ARTICLE 1.7 INSURANCE
1.7.1 Insurance. Konzen, at his sole cost, shall purchase and maintain during the term and entire duration of this Agreement minimum
insurance coverages in the types and amounts as follow:
A.. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence including like coverage for
acts and omissions of subcontractors and contractual liability coverage;
B. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of
subcontractors and contractual liability coverage.
C. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with minimum limits for Bodily Injury of $100,000 for each
person and $300,000 for each occurrence, and Property Damage minimum limits of $50,000 for each occurrence. Konzen shall require
subcontractors to provide Automobile Liability Insurance with the same minimum limits.
1.7.2 Insurance Requirements.
(I) All insurance shall be obtained by Konzen from a company authorized to do insurance business in Texas and otherwise acceptable
to City.
(2) Konzen shall not commence work at any site under this Agreement until he has obtained all required insurance and until such
insurance has been approved by City. Konzen shall not allow any subcontractors to commence work until all insurance required
has been obtained and approved. Approval of the insurance by City shall not relieve or decrease the liability of Konzen hereunder.
7
1.73 Insurance Policy Endorsements. Each insurance policy hereunder shall include the following conditions by endorsement to the
policy:
1.73 Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Konzen shall be home solely by Konzen,
with certificates of insurance evidencing such minimum coverage in force to be filed with City.
1N WITNESS WHEREOF, the City of Round Rock has caused this A eement to be signed in its corporate name by its Mayor, duly
es
authorized to execute the same in its behalf by Resolution Na R-03-08- ,4n11/]N approved by the City Council on s-,14- 013 , and
by John H. Konzen, with both parties binding themselves, their successors and assigns and legal representatives for the faithful and full
performance of the terms and provisions of this Agreement.
OWNER:
(1)
(3)
Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any material change i
coverage, a notice thereof shall be given to City by certified mail to:
James R. Nuse, P.E.
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Konzen shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, non - renewal, or material
change in coverage it receives from its insurer.
(2) Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any
deductibles which all are at the sole responsibility and risk of Konzen
The terms "City" or "City of Round Rock" shall include all authorities, Boards, Commissions, Departments, and officers of City
and the individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the City of
Round Rock.
(4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage,
or to City's Self - Insured Retentions of whatever nature.
CITY OF ROUND ROCK, TEXAS _ JOHN H. KONZEN
By:
Nyl 1
Christine R. Martinez, City Secretary
8
PROVIDER OF PERSONAL �" ICES:
By:
Page 2. 2003 CORR Annual Tank Inspection Proposal
Qualifications of Inspector
John H. Konzen, owner and president of HOT Inspection Services, Inc., will provide the
inspection, evaluation and technical report information for this project. Mr. Konzen has
over 25 years experience in the design, construction, and inspection of storage tanks. The
qualifications and certifications at minimum are AWS Certified Welding Inspector,
NACE Certified Coating Inspector and TSA Confined Space Certified. Additional
credential information can be obtained from the HOT Inspection Services, Inc., web site
at www.hotinspection.com.
Pre Inspection and Tank History Review
A review of tank construction drawings and specifications will be conducted to gather
information on the history of the tank design and coating system. The history
information is pertinent to the recommendation phase of the project. In cases where
history information is not available, assumptions will be made based on experience and
the data gathered during the in- service inspection.
Tank Inspection and Condition Survey
HOT will provide inspections and evaluation necessary to meet and exceed the Texas
Administrative Code of TCEQ Chapter 290 subchapter D. The overall survey will
provide information and data that supports the assessment given for each tank. The
following components of each tank to be inspected shall include:
A. Exterior — access to the areas listed will be obtained from the roof/shell access
ladder, extension ladder and with the aid of field binoculars.
1. Shell
2. Roof
. 3. Roof hatch
4. Manway
5. Cathodic Protection Anode plate covers
6. Water level indicator
7. Vent
8. Foundation and bottom annular ring
9. Riser
10. Anchor chairs/bolts
11. Overflow pipe and flap valve
12. Access ladder
1
EXHIBIT
nAn
Page 3. 2003 CORR Annual Tank Inspection Proposal
The information and data obtained from the exterior 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. Exterior dry film thickness readings
(DFT) and SSPC ratings of the metal surfaces will be taken. Adhesion testing will be
provided of the coating system and rated as per ASTM D -3359. Paint analysis of the
total lead content will be taken on the exterior coated surface of each tank coated after
1982. Exterior photographs showing highlights of the tank components being inspected.
B. Internal — access to the areas listed will be obtained by an underwater ROV fully
equipped with lights and video camera. Complete details and specifications of the
underwater equipment can be found on the HOT Inspection Services, Inc. web
site at www.hotinspection.com. The underwater ROV will be decontaminated in
accordance with AWWA C652 -92 Method 2.
1. Roof Hatch
2. Overflow
3. Weir box
4. Riser
5. Interior ladder
6. Roof
7. Roof support system
8. Shell
9. Floor
10. Water quality
The information and data obtained from the interior 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. Interior SSPC ratings of the metal
surfaces will be taken. Interior photographs showing highlights of the tank components
being inspected will be provided. The complete interior inspection will be recorded with
voice commentary and stored on high quality VHS tape.
Report
HOT will provide a technical report complete with narrated video, photographs, test
results and evaluation of each tank. The report will include recommendations for
compliance to OSHA, TCEQ regulations and AWWA standards. The estimated life
expectancy and cost of recommended repairs will be included.
WORK EXCLUDED:
Work required for making the access ladder OSHA safe for accessing the tank is not
included in the cost of this project.
Mayor
Nyle Maxwell
Mayor Pro-tem
Tom Nielson
Council Members
Alan McGraw
Carrie Pitt
Scot Knight
Scott Rhode
Gary Coe
City Manager
James R. Nuse, P.E.
City Attorney
Stephan L. Sheets
ROUND RO K, TEXAS
PURPOSE. PASSION. PROSPERITY.
August 25, 2003
Mr. John Konzen
P.O. Box 1208
Round Rock, TX 78680
Dear Mr. Konzen:
The Round Rock City Council approved Resolution No. R- 03- 08 -14-
14D 1 at their regularly scheduled meeting on August 14, 2003. This
resolution approves the agreement for Personal Services for In- Service
Tank Inspection and Evaluation in Conformity with TCEQ
Requirements.
Enclosed is a copy of the resolution and original agreement for your
files. If you have any questions, please do not hesitate to contact Tom
Clark at 218 -5555.
Sincerely,
Sherri Monroe
Assistant City Secretary
Enclosure
CITY OF ROUND ROCK Administrative Dept., 221 East Main Street • Round Rock, Texas 78664
Phone: 512.218.5400 - Fax: 512.218.7097 • www.ci.round- rock.tx,us