CM-10-05-111AGREEMENT FOR PERSONAL SERVICES FOR
PRELIMINARY PHASE SERVICES RELATING TO
HIGH COUNTRY AND CHISHOLM VALLEY TANK LOGO PROJECT
WITH JOHN H. KONZEN
AGREEMENT made as of the -64- gr4 (21 ) day of the month of
year Two Thousand Ten.
BETWEEN the City of Round Rock, Texas, identified as the Owner:
City of Round Rock
221 East Main Street
Round Rock, Williamson County, Texas 78664
and John H. Konzen:
John H. Konzen
Post Office Box 1208
Round Rock, Williamson County, Texas 78680
For the following Project:
(ACIT,
in the
Personal services for Preliminary Phase services for applying tank logos, designed by the City of Round
Rock, on the High Country and Chisholm Valley water tanks, such personal services to include the
following: attending preliminary conferences with the Owner; inspecting both tanks; preparing and
submitting to the Owner a preliminary report based on the exterior coatings condition of both tanks;
consulting with the Owner, and making recommendations on suggested courses of action based on projected
outcome of the exterior coatings condition and required steps of applying logos.
The City and Konzen agree as follows:
ARTICLE 1.1 INITIAL INFORMATION
1.1.1 This Agreement is based on the following information and assumptions.
It is anticipated, but not required, that Owner will further contract for Bidding and Pre -Construction Phase
services, and Construction Phase services, same to be determined based on the Preliminary Phase results,
findings, and issued report.
1.1.2 PROJECT PARAMETERS
1.1.2.1 The objective or use is:
Objectives include but are not limited to obtaining personal services from John H. Konzen, such personal
services to include the following: attending preliminary conferences with the Owner; inspecting both tanks;
preparing and submitting to the Owner a preliminary report based on the exterior coatings condition of both
00189976/jkg
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tanks; consulting with the Owner, and making recommendations on suggested courses of action based on
projected outcome of the exterior coatings condition and required steps of applying logos.
1.1.2.2 The physical parameters are:
The sites of the High Country Tank and the Chisholm Valley Tank.
1.1.2.3 City's Program is:
Not applicable.
1.1.2.4 The legal parameters are:
Not applicable.
1.1.2.5 The financial parameters are as follows:
Compensation to Konzen for Konzen's personal services is delineated in Exhibit "A" attached hereto and
incorporated herein by reference for all purposes, and is estimated to be:
High Country and Chisholm Valley Tanks
Preliminary Phase $ 1,761.00
1.1.2.6 The time parameters are:
Sixty (60) days from Konzen's receipt of City's written Notice to Proceed.
All site visits shall be scheduled with the Owner and Konzen, if required, for performing the necessary
services.
1.1.2.7 The proposed procurement or delivery method for the Project is:
Personal services herein are engaged by this negotiated Agreement
1.1.2.8 Other parameters are:
Unknown at this time.
1.1.3 PROJECT TEAM
1.1.3.1 The Owner's Designated Representative is:
Don Rundell, Chief Utility Engineer and Project Manager
City of Round Rock Public Works
212 Commerce Boulevard
Round Rock, Texas 78664
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1.1.3.2 The persons or entity, in addition to the Owner's Designated Representative, who is required to
review Konzen's submittals to the Owner arc:
City Manager
221 East Main Street
Round Rock, Texas 78664
1.1.3.3 The Owner's other consultants and contractors are:
Unknown at this time.
1.1.3.4 Konzen's Designated Representative is:
John H. Konzen
Post Office Box 1208
Round Rock, Texas 78680
1.1.3.5 The consultants retained at Konzen's expense are:
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 or City Manager
action.
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 The Owner 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, the Owner shall provide full information in a
timely manner regarding requirements for and limitations on the Project. The Owner 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 The Owner shall establish and periodically update the budget for the Project, including that portion
allocated for the Cost of the Work, Owner's other costs, and reasonable contingencies related to all costs.
1.2.2.3 The Owner's Designated Representative identified in Section 1.1.3 shall be authorized to act on the
Owner's behalf with respect to the Project. The Owner or the Owner'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, the Owner shall furnish
or pay for tests, inspections and reports required by law or the Agreement, such as structural, mechanical,
and chemical tests, tests for air and water pollution, and tests for hazardous materials.
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1.2.2.5 The Owner shall furnish all legal, insurance and accounting services, including auditing services,
that may be reasonably necessary at any time for the Project to meet the Owner'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.
1.2.3 KONZEN'S RESPONSIBILITIES
1.2.3.1 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.
1.2.3.2 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 the Owner'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 by the Owner, as the Project proceeds.
This schedule shall include allowances for periods of time required for the Owner's review, and for approval
of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule
approved by the Owner shall not, except for reasonable cause, be exceeded by Konzen or the Owner.
1.2.3.3 Konzen, as the 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
the Owner, 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 the Owner'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.
1.2.3.6 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.
1.2.3.7 Konzen shall be entitled to reasonably rely on the accuracy and completeness of services and
information furnished by the Owner. 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 1.3 TERMS AND CONDITIONS
1.3.1 COST OF THE WORK
1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the
estimated cost to the Owner of all elements of the Project designed or specified by Konzen.
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1.3.1.2 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 the Owner to be used as the
Owner 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 the
Owner 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 the Owner permission to reproduce Konzen's
Instruments of Service for purposes of constructing, using and maintaining the Project, provided that the
Owner shall comply with all obligations, including prompt payment of all sums when due, under this
Agreement. If and upon the date Konzen is adjudged in default of this Agreement, the Owner 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.
1.3.2.3 The Owner 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 the Owner's
sole risk and without liability to Konzen
1.3.3 CHANGE IN SERVICES
1.3.3.1 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 or City Manager action.
1.3.4 MEDIATION
1.3.4.1 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.
1.3.4.2 The Owner 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.
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1.3.4.3 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.
1.3.5 ARBITRATION
1.3.5.1 The Owner and Konzen hereby expressly agree that no claims or disputes between the Owner 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 the Owner 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 the Owner for complete relief to be accorded in the
arbitration proceeding.
1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
1.3.6.1 Konzen and the Owner 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.
1.3.7 MISCELLANEOUS PROVISIONS
1.3.7.1 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.
1.3.7.3 To the extent damages are covered by property insurance during construction, the Owner 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 delineated
between the Owner and Contractor.
1.3.7.4 Nothing contained in this Agreement shall create a contractual relationship with or a cause of
action in favor of a third party against either the Owner or Konzen.
1.3.7.5 If the Owner 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 The Owner 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 the Owner nor Konzen shall
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assign this Agreement without the written consent of the other, except that the Owner may assign this
Agreement to an institutional lender providing financing for the Project. In such event, the lender shall
assume the Owner'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. The City of Round Rock 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 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.
1.3.7.10 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.
1.3.7.11 Neither the Owner 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.
1.3.8 TERMINATION OR SUSPENSION
1.3.8.1 If the Owner 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 the Owner. In the event of a suspension of services,
Konzen shall have no liability to the Owner for delay or damage caused the Owner 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.
1.3.8.2 In connection with the work outlined in this Agreement, it is agreed and fully understood by
Konzen that the Owner may cancel or indefinitely suspend further work hereunder or terminate this
Agreement either for cause or for the convenience of the Owner, 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 the Owner 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 the Owner upon termination of this Agreement, and shall be promptly delivered to
the Owner in a reasonably organized form without restriction on future use. Should the Owner
subsequently contract with another person for continuation of services on the Project, Konzen shall
cooperate in providing information.
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1.3.8.3 Nothing contained in Section 1.3.8.2 shall require the Owner to pay for any work that is
unsatisfactory as determined by the Owner's representative or that is not submitted in compliance with the
terms hereof. The Owner 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 the
Owner may have if Konzen is in default, including the right to bring legal action for damages or to force
specific performance of this Agreement.
1.3.9 PAYMENTS TO KONZEN
1.3.9.1 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 the Owner 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 the Owner and Konzen
1.4.1.1 Other documents as follows:
Exhibit "B" entitled "Services to be Performed by Hot Inspection Services"
Exhibit "C" entitled "Work Schedule for High Country and Chisholm Valley Tanks Logo Project"
Exhibit "D" entitled "Fee Schedule for High Country and Chisholm Valley Tanks Logo Project"
1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as
follows:
Not applicable.
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.
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.
One and one-half percent (1 1/2%) per month.
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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.
(1) 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 sites 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.
1.7.3 Insurance Policy Endorsements. Each insurance policy hereunder shall include the following
conditions by endorsement to the policy:
(1) 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:
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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 Term "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.
(5) Konzen and City mutually waive subrogation rights each may have against the other for loss
or damage, to the extent same is covered by the proceeds of insurance.
1.7.4 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 the City.
IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its
corporate name by its Mayor or City Manager, duly authorized to execute the same in its behalf, 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:
CITY OF ROUND ROCK, TEXAS
By:
Name:
Title:
Date:
ATTEST:
8/444L RDiAte-
Sara L. White, City Secretary
FO TY, AI?PRO D AS TO FORM:
Steph
L.
pv
Sheets, City Attorney
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PROVIDER OF PERSONAL SERVICES:
JOHN H..:
411
Ir
Arig
By:
Name:
Title:
Date:
I1
EXHIBIT
1 HAn
Fee Schedule
High Country and Chisholm Valley Tanks Logo Project
Providing professional services to the City of Round Rock for consulting, project
management, and inspection for applying the Logo's, designed by the City of Round
Rock, on the High Country and Chisholm Valley tanks. Services to include: prepare
reports, alternate solutions offerings, probable cost estimates, technical data, pre -
construction and construction documents, bidding and negotiation phase documents, and
construction phase inspection and administration.
Actual Cost will be based on $100.00/hr for services and materials provided, whereas the
cost is divided between the Preliminary and Bidding Phases, Pre -Construction Phase and
the Construction Phase for both tanks.
High Country and Chisholm Valley Tanks
Preliminary Phase $ 1,761.00
Note: Pre -Construction Phase & Construction Phase service to be determined (TBD)
based on Preliminary Phase results, report and findings.
Bidding & Pre -Construction Phase
Construction Phase
Total Estimated Fee
$ TBD
$ TBD
$ TBD
Exhibit B
Services to be Performed by Hot Inspection Services
High Country and Chisholm Valley Tanks Logo Project
A. PRELIMINARY PHASE
1. Attend preliminary conference with the Owner/Engineer regarding the project.
2. inspect both tanks and prepare a preliminary report based on the exterior coatings
condition of the Chisholm Valley and High Country CET.
3. Furnish the Owner with copy of preliminary report and discuss which plan of
action to take based on the projected outcome of the exterior coatings condition
and required steps of applying the logo designed by the City.
Exhibit C
Work Schedule
High Country and Chisholm Valley Tanks Logo Project
Chisholm Valley CET
Preliminary Phase
Bidding Phase
Pre -Construction Phase
Construction Phase
High Country CET
Preliminary Phase
Bidding Phase
Pre -Construction Phase
Construction Phase
April 19 — May 19, 2010
September 1— September 30, 2010
September 30 — October 22, 2010
October 25 — December 24, 2010
April 19 — May 19, 2010
September 1— September 30, 2010
September 30 — October 22, 2010
October 25 — December 24, 2010
Project bids will be scheduled for opening the week of September 27, 2010. Notice to
proceed for construction is estimated for October 15, 2010. The actual construction
schedule may vary depending on tank availability and shutdown schedule by City.
Anticipated completion of Chisholm Valley CET is November 19, 2010 and High Country
CET is December 17, 2010. The tanks will need to be drained below the logo level of the
tank for assuring a good coating application.
DETAIL OF EXHIBIT "D"
Hi h Country & Chisholm Valley Tanks Logo Project
Description of Services Est. Raw Labor Overhead Total Profit Total
(2)1.2SMMG CET Hrs. Cost ® 1.55 L& O.H. 10% Cost
$45 hr.
Preliminary Phase
Attend prelim meetings
w/ city regarding project
Inspect both tanks and
prepare prelim report
stating solutions and
probable cost.
Furnish report and
discuss plan of action.
Pre -Construction Phase
Establish scope of work
& prepare contract
specs & bid docs.
4
$180
$279
$459
$46
$505
Assist the city in the add
of bids and pre-bid
meeting
Assist in bid opening
and tabulation of bids
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2
TBD
$360
$90
$558
$140
$918
$230
$92
$23
$1,010
$246
TBD
Assist in preparation of
contract documents
Conduct pre -
construction meeting
with contractor
Construction Phase
Conduct daily
inspections and Q.A.
surveillance
Consult and advise with
city on
instructions/change
orders
Review with city all
submittals by contractor
Review and approve all
pay estimates
Conduct fmal
inspections and prepare
final report
TOTAL
PRELIMINARY
PHASE SUBTOTAL
TOTAL PRE -
CONSTRUCTION
PHASE SUBTOTAL
TOTAL
CONSTRUCTION
PHASE SUBTOTAL
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
14
J
$1,761
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
City Manager Approval Summary Sheet
Consider executing an Agreement for Personal Services for Preliminary Phase Services
Item Caption: Relating to High Country and Chisholm Valley Tank Logo Project with John H. Konzen.
Approval Date: May 21, 2010
Department: Water & Wastewater Utilities
Project Manager: Michael D. Thane, P.E.
Director of Utilities
Item Summary:
This is for personal services for Preliminary Phase services for applying tank logos, designed by the City of Round
Rock, on High Country and Chisholm Valley Elevated Water Tanks. These services include the following: attending
preliminary conference with the City; inspecting both tanks; preparing and submitting to the City a preliminary
report on the condition of the exterior coatings based on the in-situ inspection of each tank; consulting with the
City, and making recommendations on courses of action based on estimated life span of existing coatings and the
required procedures to apply City and Game -On Logos to each tank, in order to maximize the life of each logo.
Goal 20.0 "Build and maintain the facilities needed to make the City attractive to target
Strategic Plan Relevance: businesses."
Cost: $1,761.00
Source of Funds: Self -Financed Water Construction
REV. 3/8/10
10.1909
Request for City Council/City Manager Action
IIID City Council IID City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Water and Wastewater Utilities
Contact Person: Chaz Gordon / Kathy Michna
Project Mgr/Resource: Don Rundell
Project Coordinator
Assigned Attorney.
Michael Thane
City Council or City Manager Approval Date:
Agenda Wording
Fo AEZE iauolEtle ONLY
Received: MAY 1 9 2010 t,koy).
Original Documents Received > I
Tag N:
Project Name: Personal Services Agreement for Water Tank Logo Project
ConfractorNendor. John H. Konzen
Funding Source: Self -Financed Water Construction
Additional funding Source:
Amount: $
Account Number NA
5/21/2010
1,761.00
Consider executing an Agreement for Personal Services for Preliminary Phase Services Relating to High Country and Chisholm Valley Tank Logo Project with John H. Konzen.
Finance Information
Is Funding Required?
Initial Construction Contract
Construction Contract Amendment
Change Order
Change in Quantity
Initial Professional Services Agreement
Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
Yes D NoOCI
Unforeseen Circumstances
Other (Please clearly identify action below)
Amount
S 1,761.00
FINANCE
N/A Apparel
Q Finance/CIP Date
0 Finance/Acct Date
ElEl Purchasing Date
0 Budget Date
APPROVALS
(robe completed ONLY by Finance)
Final Finance Approval Required
Finance Director Date
Once approvals have been obtained, please forward the RFA, blue sheet, backup information and originals to City
Sara White.
ITEMS WILL NOT BE PLACED ON THE COUNCIL AGENDA WITHOUT FINANCE AND LEGAL APPROVAL PRIOR O SUBMISSION.
Required for Submission of ALL Citv Council and City Manager Items
Project Mgr. Signature:
fl
Dept. Director Signature:t�.
*City Attorney Signature:
City Manager Signature:
Date:
Date:
Date:
Date:
S-21--10
5 21-I D
*may Amey signature is required for al items.
REVISED 5/17/2010