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R-91-1604 - 4/25/1991ATTEST: JO RSO4251E LAND, City Secretary RESOLUTION NO. 1 W O 4 WHEREAS, the City of Round Rock desires hydrology consultation and testimony for the Brushy Creek M.U.D. Rate Case, and WHEREAS, Jones & Neuse, Inc. has submitted an agreement to provide said services, Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Jones & Neuse, Inc. to provide hydrology consultation and testimony for the Brushy Creek M.U.D. Rate Case, said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 25th day of April, 1991. MIKE ROBINSON, Mayor City of Round Rock, Texas Date WORK ORDER FOR PROFESSIONAL SERVICES RATE HEARING This work order constitutes authorization by the City of Roundrock (Client) for Jones and Neuse, Inc. (IN) to proceed with the following scope of services as required by the Client: SCOPE This work order will provide for assistance in the upcoming rate hearing concerning Brushy Creek M.U.D. Services provided by JN will include the following: 1. Compile and evaluate historical and present water usage and aquifer response 2. Prepare testimony for preliminary hearing 3. Present testimony at final hearing The Client will provide the following: 1. Access to records on groundwater pumpage and water levels TERMS AND COMPENSATION Work shall be performed under the terms and conditions in the April 22, 1991 Professional Services Agreement between Client and JN. Compensation for services described in the scope shall be on a time and materials basis in accordance with the flat rate schedule of fees dated March 1, 1991. The estimated cost for these services shall not exceed $10,000 without further authorization from the City of Roundrock. AUTHORIZED: ACCEPTED: CITY OF ROUNDROCK JONES AND NEUSE, INC. BY `60"'x- ��"v�-` BY i ? di h,lQ> alo 199/ Date 5 -2 Z - 9l Purchase Order No. Proposal No. P910342 (if applicable) Work Order No. JONES & NEUSE PROFESSIONAL SERVICES AGREEMENT MADE AND ENTERED INTO by and between the City of Roundrock (hereinafter referred to as "Client ") and Jones and Neuse, Inc. (hereinafter referred to as "JN "). WHEREAS, the Client desires to engage JN as a consultant; and WHEREAS, JN desires to render certain services as described in authorized work orders as may be hereafter issued and has the experience and staff to perform those services; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: Section 1. Services. The Client hereby agrees to engage JN and JN hereby agrees to perform certain services for the Client as agreed upon from time to time. Such services may be set forth in individual work orders as may be hereafter authorized in writing by the Client and accepted by JN. Section 2. Client's Responsibilities. The Client agrees to provide JN with all existing data, plans, and other information in the Client's possession which are necessary for the performance of Services. The Client further agrees to provide any additional data, plans, or other information as may be specified in authorized work orders. Section 3. Standard of Care and Warranty. JN agrees that its Services will be performed with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and circumstances. No other warranty, expressed or implied, is made. JN's interpretations and recommendations may be based on the results of test borings, surveys or other investigative work. The Client recognizes that subsurface conditions elsewhere in the work area may differ from those at the exploration locations and that conditions may change over time. JN will not be responsible for the interpretation or use by others of data developed by JN. Section 4. Time of Performance. JN agrees to perform the Services within schedules as may be set forth in authorized work orders. Section 5. Compensation. For JN's performance and completion of all services, Client shall compensate JN at the hourly rates and charges as set forth in Exhibit "A" (as may be hereafter amended by agreement of the parties) subject to Sections 6 and 20 unless otherwise specified in authorized work orders. Such rates include labor, overhead, expenses, and profit. Subject to agreement by Client, Exhibit "A" may be revised by JN periodically. Section 6. Payment. JN shall invoice Client for Services performed on a monthly basis. Each invoice is due on presentation, is payable in the Texas County specified for such invoice, and is past due thirty (30) days from invoice date. Client agrees to pay a finance charge equal to one percent (1%) per month on past due accounts. Invoices for Services performed on a time- and - materials basis will be submitted showing labor (hours worked) and total expenses, but not actual documentation. If requested by the Client, documentation will be provided by JN at the cost of providing such documentation including labor and copying costs. These payment terms are subject to JN credit approval. If Client credit is not approved, payment terms will be revised by addendum to this contract. Section 7. Notices. Communications from the Client shall be to JN's designated project manager or principal -in- charge of the work. Oral communications shall be confirmed in writing. Section 8. Cost Estimates. JN makes no representation concerning the cost estimates made in connection with maps, plans, specifications, or drawings other than that all cost figures are estimates only and JN shall not be responsible for fluctuations in cost factors. Section 9. Confidentiality. JN shall maintain as confidential and not disclose to others without Client's prior written consent, all information obtained from Client, not otherwise previously known to JN in the public domain, as Client expressly designates in writing to be "Confidential." The provisions of this paragraph shall not apply to information in whatever form which (i) is published or comes into the public domain through no fault of JN, (ii) is furnished by or obtained from a third party who is under no obligation to keep the information confidential, or (iii) is required to be disclosed by law on order of a court, administrative agency or other authority with proper jurisdiction. Section 10. Independent Contractor. JN's relationship with the Client under this Agreement shall be that of independent contractor. The employees, methods, equipment, and facilities used by JN shall at all times be under its exclusive d and control, and the Client shall not exercise control over JN except insofar as may be necessary to ensure performance and compliance with this Agreement. Section 11. Insurance. JN agrees to purchase and maintain at its own expense worker's compensation insurance, employer liability insurance, general liability insurance, and automobile liability insurance. Certificates of insurance shall be provided to Client upon request in writing. Within the limits and conditions of such insurance, JN agrees to reimburse the Client for any damages sustained by the client which are covered by JN's insurance to the extent of the limitations and exclusions contained within said insurance policies and Sections 12 and 13 of this Agreement. JN agrees to purchase additional insurance as requested by the Client (presuming such insurance is available) provided the premiums for such additional insurance are reimbursed by the Client. Section 12. Indemnification. IN shall defend, indemnify, and hold the Client harmless from and against any claim asserted by any person or entity (other than an officer, director, employee or agent of Client) arising out of (i) JN's negligence or (ii) JN's breach of any obligation or responsibility imposed on it by the provisions of this Agreement, subject to the limitations and exclusions contained herein in Sections 11 and 13. Client shall defend, indemnify, and hold JN harmless from and against any claim asserted by any person or entity (other than an officer, director, employee, or subcontractor of JN) arising out of (i) Client's negligence or (ii) client's breach of any obligation or responsibility imposed on it by the provisions of this Agreement. Section 13. Liability Limitation. JN's liability to the Client for any loss or damage, including, but not limited to, special and consequential damages, arising out of or in connection with this Agreement from any cause, including JN's professional negligence, errors, or omissions shall not exceed the greater of $50,000 or the compensation received by JN hereunder, and Client hereby releases JN from any liability above such amount. Section 14. Disputes. If a dispute arises relating to the performance of the Services covered by this Agreement, and legal or other costs are incurred, the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time at current billing rates, court costs, attorney's fees, and other claim - related expenses. In the event of any litigation, Client agrees to pay to Engineer interest on all past due balances at the rate of twelve percent (12%) per annum. Section 15. Termination. This Agreement may be terminated by either party upon thirty (30) days written notice in the event of substantial failure of performance by the other party or if the Client suspends the work for more than three months. In the event of termination, JN shall be paid for services performed prior to the termination notice date plus reasonable termination expenses, including the cost of completing analyses, records, and reports necessary to document job status at the time of termination. Section 16. No Waiver. The failure of a party to enforce strictly any provision of this Agreement shall not be deemed to act as a waiver of any provision, including the provision not so enforced. Section 17. Choice of Law. This Agreement is deemed to be made under and shall be construed according to the laws of the State of Texas. Section 18. Successors and Assignments. The Client and JN each binds itself and its successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement. Section 19. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. Section 20. Entire Agreement. This Agreement, including all attachments and work orders authorized hereunder, constitutes the entire agreement between the parties hereto and it supersedes all prior or contemporaneous agreements, whether oral or written, with respect to the subject matter hereof. In case of conflict or inconsistency between this Agreement and any other contract documents, this Agreement shall control. No agreement hereafter made between the parties shall be binding on either party unless reduced to writing and signed by an authorized officer of the party sought to be bound. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in two counterparts (each of which is an original) by their duly authorized representatives as of the 22nd day of April, 1991. 77�� /� JONES AND NEUSE, INC. // By: 1,1 e By . 7ck `` 5�/.L:aiu , Title: Title: ,TI/Le cin CITY OF ROUNDROCK EXHIBIT A JONES AND NEUSE INC. FLAT RATE FEES MARCH 1, 1991 The following outlines the flat rate time and material. compensation basis. This schedule Is reviewed periodically and may be revised, subject to approval by the Client. Labor Engineer/Environmental Specialist/Geologiet Ix 5135.00 /hour Eaten Engineer/Environmental Specialist/Geologist VIII $100.00 /hour Engineer/Environmental Specieliet/GeologistVII $95.00 /hour Engineer/Environmental Specialist/Geologist VI 590.00 /boor Engineer/Environmental Specialist/Geologist V 505.00 /hour Engineer /Environmental Speciallet/Geologist IV 880.00 /hour Engineer/Environmental Specialist /Geologist III 575.00 /hour Graduate Engineer /Environmental Specialist /Geologist II 565.00 /hour Graduate Engineer /Environmental Specialist / Geologist I $50.00 /hour Technician /Clerk VIII 560.00 /hour Technician /Clerk VII 555.00 /hour Technician /Clerk VI $48.00 /hour Technician /Clerk V $43.00 /hour Technician /Clerk IV $35.00 /hour Technician /Clerk III 533.00 /hour Technician /Clerk II 525.00 /hour Technician /Clerk I $20.00 /hour Expert A labor rate surcharge of 506 shall be added for expert testimony time during trials, hearings, and Testimony depositions. A minimum of 0 hours expert testimony time will be billed for each day that a staff member ie testifying. Trial, hearing, and deposition preparation will be billed at normal rates. Oeotechnical Field work and laboratory testing are charged an a unit cost bawls. Unit prices are independently ' Service. determined on a job-to -job basis. The unit price. for field work and laboratory testing include labor and related expenses. Hourly unit price. are portal- to-portal. Remediation Removal, transportation, and disposal of wastes, as well as some other remediation activities are and Closure charged on a unit coat basis. Unit prices are independently determined on a job -by -job basis. Services Reimbursable Surveying 765.00 /crew hour Expanses Car /Truck Mileage 70.40 /mile Aircraft Mileage (seven passenger plane) $1.73 /mile Aircraft Mileage (five passenger plane) $1.28 /mile Photocopies 50.20 /page Telecopies • $1.50 /page Standard Facility/ Equipment /Material/Reproduction /Computer Charges available on request Health /Safety Surcharge on Hazardous Neste Work $85 /peroon /day Subcontractor. (Consultants, Soils, Laboratories, etc.) Cost plus 156 Other Expenses (Travel, Telephone, Lodging, Meals, etc.) Cost plus 15% Billings are payable upon presentation and are past due 30 days from invoice date. A finance charge of 16 per month will be added to past due accounts. The amount of any excess, VAT, or grove receipts tax that my be imposed 5ha11 be added to the compensation as determined above. JONES & NEUSE DATE: April 23, 1991 SUBJECT: City Council Meeting, April 25, 1991 ITEM: 9.E. Consider a resolution authorizing the Mayor to enter into an agreement with Jones & Neuse for consulting and expert testimony in the Brushy Creek M.U.D. Rate Case. STAFF RESOURCE PERSON: Steve Sheets STAFF RECOMMENDATION: The City needs expert consulting and possibly testimony regarding the Edwards Aquifer in the Brushy Creek M.U.D. rate case. Ted Harriger, now with Jones & Neuse, has represented the City several times in the past and is very familiar with the Edwards Aquifer in the Round Rock /Brushy Creek M.U.D. area. Staff recommends approval of the agreement with Jones & Neuse. BLSH9E JN JONES 'AND NEUSE, INC. i Environmental and Engineering Services April 22, 1991 Mr. Bob Bennet City Manager City of Round Rock 221 East Main Street Round Rock, Texas Re: Proposal and Authorization for Engineering and Environmental Services P910342 Dear Mr. Bennet: Jones and Neuse, Inc. (JN) is pleased to have the opportunity to submit this proposal to the City of Round Rock for assistance in the upcoming rate hearing concerning Brushy Creek M.U.D. It is JNs understanding that the City desires an evaluation of the future reliability of the northern Edwards aquifer as the sole source of water for medium to large municipal water systems. The purpose of the evaluation is to determine the prudence or need for these municipal systems to develop and /or maintain an acceptable surface water supply capable of providing the system's present and future water needs. Upon completion of the evaluation, we will present testimony of our findings at the rate hearing if the City desires. In order to meet your schedule needs, we would like to begin the evaluation as soon as JN receives your authorization. I have enclosed two copies of a work order and professional services agreement for this project. If you desire to proceed with the work and concur with the terms and conditions of the agreement and with the scope provided in the work order, please sign the contract documents and return one executed copy of each to us. If you have any questions or comments, please do not hesitate to call. We appreciate the opportunity to respond to the City's request, and look forward to working with you and your staff on this project. Sincerely, JONES AND NEUSE, INC. Ted L. Haniger, C.P.G. Senior Hydrogeologist TLH /mke.43 Enclosures 2720 Bee Cave Road Austin, Texas 78746 512- 327 -9840