CM-12-12-259ROUND ROCK, TEXAS
PURPOSE PASSION PROSPERITY
Gm-)
City Manager Approval Form
1VED
DEC 051512
Consider executing agreement for personal services with John Konzen/HOT Inspection Services, Inc. for
Item Caption: inspection/repainting of Chisholm Valley Elevated Water Storage Tank.
Approval Date: December 7, 2012
Department Name: Utilities and Environmental Services Department
Project Manager: Jeff Bell, Project Manager
Assigned Attorney: Steve Sheets
Item Summary:
The Chisholm Valley Elevated Water Storage Tank was constructed and painted ten years ago. The tank was painted with one of
the City's first web site addresses which is no longer in use. The City staff wishes to remove the web site address and apply the
current City of Round Rock logo in its place. While this work is being done, the City Utility staff recommends having the inside of
the tank inspected and rehabilitated. The City Utility staff proposes the hiring of John Konzen/HOT Inspection Services, Inc. to
inspect the existing interior and exterior condition of the tank for $32,500. Based on the result of the inspections, HOT
Inspection Services will develop bid documents necessary to bid required repairs and application of coating. In addition, HOT
Inspection Services will include on-site inspection of all repairs and coating applications, including the current City of Round Rock
logo. It is our intention that the construction contract be awarded in January and work be completed in April, while the water
usage demand is low.
No. of Originals Submitted: 2
Project Name: Chisholm Valley Elevated Water Storage Tank
Cost: $32,500
Source of Funds: Self -Financed Water Construction
Source of Funds (if applicable): Select Source Fund
Account Number: wt00hccvlg
Finance Director Approval: LO for C. Delaney
Department Director Approval: Michael Thane
CIP I I n Budget
N/A OK
❑ ❑
N/A OK
Date: 12-05-12
Date: 11/19/2012
Purchasing
❑ RI
N/A OK
Accounting
❑ ❑
N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
AGREEMENT FOR PERSONAL SERVICES FOR
INSPECTION AND REPAINTING OF
CHISHOLM VALLEY ELEVATED WATER STORAGE TANK
WITH JOHN H. KONZEN/HOT INSPECTION SERVICES, INC.
AGREEMENT made as of the Seg rk ( ) day of the month of
p2C:2YYtbeX
year Two Thousand Twelve.
BETWEEN the City of Round Rock, Texas, identified as "City" or "Owner":
City of Round Rock
221 East Main Street
Round Rock, Williamson County, Texas 78664
and John H. Konzen/HOT Inspection Services, Inc.:
John H. Konzen
HOT Inspection Services, Inc.
Post Office Box 1208
Round Rock, Williamson County, Texas 78680
in the
For the following Project:
Personal services for the Chisholm Valley Elevated Water Storage Tank, such services to include but not be
limited to the following: attending preliminary conferences with Owner and Engineer; coordinating and
conducting interior inspection of drained tank to establish scope of work for interior rehabilitation;
preparing and submitting to Owner a preliminary budget and scope of work; assisting Owner with Pre-
Construction/Bidding Phase documents; providing quality assurance surveillance and observation of
progress and quality of executed work relative to surface preparation and painting during interior
rehabilitation and logo installation; making visual inspections, mil gauging, holiday testing, profile gauging
and atmospheric measuring relative to logo installation to verify compliance with AWWA D102-06 and
contract requirements; consulting with Owner, issuing routine change orders with Owner's approval,
reviewing submittals by Contractor, obtaining and reviewing monthly and final estimates for payments to
Contractor, and assembling written guarantees; and conducting with Owner and Contractor a final
inspection of the Project, including making recommendations on project status as same may affect Owner's
final payment to Contractor.
The City and Konzen/HOT Inspection Services, Inc. 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,
fmdings, and issued report.
262106/jkg
(1 M- l2-'- (2 -ZSR
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 Konzen/HOT Inspection Services,
Inc., such services to include but not be limited to the following: attending preliminary conferences with
Owner and Engineer; coordinating and conducting interior inspection of drained tank to establish scope of
work for interior rehabilitation; preparing and submitting to Owner a preliminary budget and scope of work;
assisting Owner with Pre-Construction/Bidding Phase documents; providing quality assurance surveillance
and observation of progress and quality of executed work relative to surface preparation and painting during
interior rehabilitation and logo installation; making visual inspections, mil gauging, holiday testing, profile
gauging and atmospheric measuring relative to logo installation to verify compliance with AWWA DI02-06
and contract requirements; consulting with Owner, issuing routine change orders with Owner's approval,
reviewing submittals by Contractor, obtaining and reviewing monthly and final estimates for payments to
Contractor, and assembling written guarantees; and conducting with Owner and Contractor a final
inspection of the Project, including making recommendations on project status as same may affect Owner's
final payment to Contractor.
1.1.2.2 The physical parameters are:
The site of the High Country Elevated Water Storage 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/HOT Inspection Services, Inc. for personal services is delineated in Exhibit "A"
attached hereto and incorporated herein by reference for all purposes, and is estimated to be:
Chisholm Valley Elevated Water Storage Tank
Preliminary Phase
Bidding and Pre -Construction Phase
Construction Phase
$ 2,400.00
$ 8,400.00
$21,700.00
TOTAL $32,500.00
1.1.2.6 The time parameters are:
Three hundred sixty-five (365) days from issuance of City's written Notice to Proceed.
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All site visits shall be scheduled with Owner and Konzen, if required, for performing the necessary
services. Konzen, as an AWS Certified Welding Inspector and NACE Certified Coating Inspector, shall
personally be on the Project.
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.
1.13 PROJECT TEAM
1.1.3.1 Owner's Designated Representative is:
Jeff Bell, Project Manager
City of Round Rock Public Works
2008 Enterprise Drive
Round Rock, Texas 78664
1.13.2 The person or entity, in addition to Owner's Designated Representative, who is required to review
submittals from Konzen/HOT Inspection Services, Inc. to Owner is:
City Manager
221 East Main Street
Round Rock, Texas 78664
1.1.3.3 Owner's other consultants and contractors are:
Unknown at this time.
1.1.3.4 Konzen/HOT Inspection Services, Inc.'s Designated Representative is:
John H. Konzen
Post Office Box 1208
Round Rock, Texas 78680
1.1.3.5 The consultants retained at Konzen/HOT Inspection Services, Inc.'s expense are:
None. This is a personal services agreement with Konzen/HOT Inspection Services, Inc.
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.
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ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 Owner and Konzen/HOT Inspection Services, Inc. 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, Owner shall provide full information in a timely
manner regarding requirements for and limitations on the Project. Owner shall furnish to Konzen/HOT
Inspection Services, Inc., within fifteen (15) days after receipt of a written request, information necessary
and relevant for Konzen/HOT Inspection Services, Inc. to evaluate, give notice of or enforce rights.
1.2.2.2 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 Owner's Designated Representative identified in Section 1.1.3 shall be authorized to act on
Owner's behalf with respect to the Project. Owner or Owner's Designated Representative shall render
decisions in a timely manner pertaining to documents submitted by Konzen/HOT Inspection Services, Inc.
in order to avoid unreasonable delay in the orderly and sequential progress of services.
1.2.2.4 Unless otherwise provided in this Agreement, and if requested in writing, 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.
1.2.2.5 Owner shall furnish all legal, insurance and accounting services, including auditing services, which
may be reasonably necessary at any time for the Project to meet 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.
1.2.2.7 Owner shall further provide services enumerated in Exhibit "B," attached hereto and
incorporated herein by reference for all purposes.
1.2.3 KONZEN'S RESPONSIBILITIES
1.2.3.1 The services performed by Konzen/HOT Inspection Services, Inc. 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/HOT Inspection Services, Inc.'s services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the Project. Konzen/HOT Inspection
Services, Inc. shall submit for 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 Owner, as the Project proceeds. This schedule shall include allowances for
periods of time required for Owner's review, and for approval of submissions by authorities having
jurisdiction over the Project. Time limits established by this schedule approved by Owner shall not, except
for reasonable cause, be exceeded by Konzen/HOT Inspection Services, Inc. or Owner.
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1.2.3.3 John H. 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 KonzenIHOT Inspection Services, Inc. shall maintain the confidentiality of information specifically
designated as confidential by Owner, unless withholding such information would violate the law, create the
risk of significant harm to the public or prevent Konzen/HOT Inspection Services, Inc. from establishing a
claim or defense in an adjudicatory proceeding.
1.2.3.5 Except with Owner's knowledge and consent, Konzen/HOT Inspection Services, Inc. shall not
engage in any activity, or accept any employment, interest or contribution that would reasonably appear to
compromise Konzen/HOT Inspection Services, Inc.'s professional judgment with respect to this Project.
1.23.6 Konzen/HOT Inspection Services, Inc. shall review laws, codes, and regulations applicable to his
services. Konzen/HOT Inspection Services, Inc. shall respond in the Project to requirements imposed by
governmental authorities having jurisdiction over the Project.
1.2.3.7 Konzen/HOT Inspection Services, Inc. shall be entitled to reasonably rely on the accuracy and
completeness of services and information furnished by 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 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 the Owner of all elements of the Project designed or specified by KonzenJHOT Inspection
Services, Inc.
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/HOT Inspection Services, Inc. are for use solely with respect to this Project. All
Konzen/HOT Inspection Services, Inc.'s designs and work product under this Agreement, completed or
partially completed, shall be the property of Owner to be used as 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/HOT Inspection Services, Inc. hereby conveys, transfers and assigns to 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/HOT Inspection Services, Inc.
13.2.2 Upon execution of this Agreement, Konzen/HOT Inspection Services, Inc. grants to Owner
permission to reproduce Konzen/HOT Inspection Services, Inc.'s Instruments of Service for purposes of
constructing, using and maintaining the Project, provided that Owner shall comply with all obligations,
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including prompt payment of all sums when due, under this Agreement. If and upon the date Konzen/HOT
Inspection Services, Inc. is adjudged in default of this Agreement, 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 Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written agreement of Konzen/HOT Inspection Services, Inc..
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 Owner's sole risk and without liability to Konzen/HOT Inspection Services, Inc.
1.33 CHANGE IN SERVICES
1.3.3.1 Change in Services of Konzen/HOT Inspection Services, Inc. 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.
1.3.5 ARBITRATION
1.3.5.1 Owner and Konzen/HOT Inspection Services, Inc. hereby expressly agree that no claims or
disputes between them 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 Owner is
subject to an arbitration proceeding related to the Project, Konzen/HOT Inspection Services, Inc. consents
to be joined in the arbitration proceeding if Konzen/HOT Inspection Services, Inc.'s presence is required or
requested by Owner for complete relief to be accorded in the arbitration proceeding.
1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
1.3.6.1 Konzen/HOT Inspection Services, Inc. and 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/HOT Inspection Services, Inc.'s services are substantially completed.
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1.3.7.3 To the extent damages are covered by property insurance during construction, Owner and
Konzen/HOT Inspection Services, Inc.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 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 Owner or Konzen/HOT Inspection Services, Inc..
1.3.7.5 If Owner requests Konzen/HOT Inspection Services, Inc. to execute certificates, the proposed
language of such certificates shall be submitted to Konzen/HOT Inspection Services, Inc. for review at least
fourteen (14) days prior to the requested dates of execution. Konzen/HOT Inspection Services, Inc. shall not
be required to execute certificates that would require knowledge, services or responsibilities beyond the
scope of this Agreement.
1.3.7.6 Owner and Konzen/HOT Inspection Services, Inc., 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 Owner nor
Konzen/HOT Inspection Services, Inc. shall assign this Agreement without the written consent of the other,
except that Owner may assign this Agreement to an institutional lender providing financing for the Project.
In such event, the lender shall assume Owner's rights and obligations under this Agreement. Konzen/HOT
Inspection Services, Inc. shall execute all consents reasonably required to facilitate such assignment.
1.3.7.7 Konzen/HOT Inspection Services, Inc. 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/HOT Inspection
Services, Inc. shall further obtain all permits and licenses required in the performance of the personal
services contracted for herein.
1.3.7.8 Konzen/HOT Inspection Services, Inc. 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/HOT Inspection Services, Inc. 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/HOT Inspection Services, Inc. understands and agrees that time is of the essence and
that any failure of Konzen/HOT Inspection Services, Inc. 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 Owner nor Konzen/HOT Inspection Services, Inc. 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.
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13.8 TERMINATION OR SUSPENSION
13.8.1 If Owner fails to make payments to Konzen/HOT Inspection Services, Inc. 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/HOT Inspection Services, Inc.
elects to suspend services, prior to suspension of services, Konzen/HOT Inspection Services, Inc. shall give
fifteen (15) days' written notice to Owner. In the event of a suspension of services, Konzen/HOT
Inspection Services, Inc. shall have no liability to Owner for delay or damage caused Owner because of
such suspension of services. Before resuming services, Konzen/HOT Inspection Services, Inc. shall be
paid all non -disputed sums due prior to suspension. Konzen/HOT Inspection Services, Inc.'s fees for the
remaining services and the time schedules shall be equitably adjusted.
13.8.2 In connection with this Agreement, it is agreed and fully understood by Konzen/HOT Inspection
Services, Inc. that Owner may cancel or indefinitely suspend further work hereunder or terminate this
Agreement either for cause or for the convenience of Owner, upon fifteen (15) days' written notice to
Konzen/HOT Inspection Services, Inc., with the understanding that immediately upon receipt of said notice
all work and labor being performed under this Agreement shall cease. Konzen/HOT Inspection Services,
Inc. shall invoice 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 Owner upon termination of this Agreement,
and shall be promptly delivered to Owner in a reasonably organized form without restriction on future use.
Should Owner subsequently contract with another person for continuation of services on the Project,
Konzen/HOT Inspection Services, Inc. shall cooperate in providing information.
1.3.8.3 Nothing contained in Section 1.3.8.2 shall require Owner to pay for any work that is
unsatisfactory as determined by Owner's representative or that is not submitted in compliance with the
terms hereof. Owner shall not be required to make any payments to Konzen/HOT Inspection Services, Inc.
when Konzen/HOT Inspection Services, Inc. is in default under this Agreement, nor shall this section
constitute a waiver of any right, at law or at equity, which Owner may have if Konzen/HOT Inspection
Services, Inc. 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/HOT INSPECTION SERVICES, INC.
1.3.9.1 Payments on account of services rendered shall be made monthly upon presentation of
Konzen/HOT Inspection Services, Inc.'s invoices. No deductions shall be made from Konzen/HOT
Inspection Services, Inc.'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/HOT
Inspection Services, Inc. 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 Owner and Konzen/HOT Inspection Services, Inc. and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both Owner and Konzen/HOT Inspection Services, Inc.
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1.4.1.1 Other documents as follows, and are attached and incorporated herein by reference for all purposes:
Exhibit "C" entitled "Services to be Performed by Konzen/HOT Inspection Services, Inc."
Exhibit "D" entitled "Work Schedule"
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/HOT Inspection Services, Inc.'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/HOT Inspection Services, Inc. are changed as described in Section 1.3.3.1,
the compensation may be adjusted. Such adjustuient shall be calculated in an equitable manner.
1.5.3 Payments are due and payable thirty (30) days from the date of Konzen/HOT Inspection Services,
Inc.'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/HOT Inspection Services, Inc.
One and one-half percent (1 1/2%) per month.
ARTICLE 1.6 INDEMNIFICATION
1.6.1 Indemnification (Damage Claims). Konzen/HOT Inspection Services, Inc. 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/HOT Inspection Services, Inc.'s breach of any of the terms or provisions of this
Agreement, or by any negligent act or omission of Konzen/HOT Inspection Services, Inc. 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/HOT Inspection Services, Inc. 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.
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ARTICLE 1.7 INSURANCE
1.7.1 Insurance. Konzen/HOT Inspection Services, Inc., 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/HOT Inspection
Services, Inc. shall require subcontractors to provide Automobile Liability Insurance with
the same minimum limits.
1.7.2 Insurance Requirements.
A. All insurance shall be obtained by Konzen/HOT Inspection Services, Inc. from a company
authorized to do insurance business in Texas and otherwise acceptable to City.
B. Konzen/HOT Inspection Services, Inc. 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/HOT Inspection Services, Inc. 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/HOT Inspection Services, Inc. hereunder.
1.7.3 Insurance Policy Endorsements. Each insurance policy hereunder shall include the following
conditions by endorsement to the policy:
A. 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:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Konzen/HOT Inspection Services, Inc. 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.
B. 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/HOT Inspection Services, Inc.
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C. 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.
D. 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.
E. Konzen/HOT Inspection Services, Inc. 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/HOT Inspection Services, Inc. shall be borne solely by Konzen/HOT Inspection Services, Inc., 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, individually and on behalf of HOT Inspection Services, Inc., 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 t OCK, i TE. .
By: t "5"/�/
Name:
Title:
Date:
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Cf1-1',(2 7//;
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FOR CITY, ATTEST:
Sara L. White, City Clerk
FOR ,Y AP ROVED AS TO FORM:
Stephan Sheets, City Attorney
PROVIDER OF PERS
JOHN H.
By:
Name:
Title:
Date:
A/P1
SERVIC S:
K SPE ' ON SERVICES, INC..1S-WdePe it a
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11
Exhibit "A"
Fee Schedule
Chisholm Vallev Tank
Preliminary Phase
$2,400
Bidding & Pre -Construction Phase
$8,400
Construction Phase
$21,700
Total Estimated Fee
$32,500
Providing professional services to the City of Round Rock for consulting, project management,
and inspection for aplying the logo designed by the City of Round Rock on the Chisholm Valley
tank. Services to include: probably cost estimates, technical data, pre -construction and
construction documents, bidding and negotiation phase documents, and construction phase
inspection.
Fees are based on $7.00/hour for consulting and inspection services provided, whereas the cost
is divided between the Preliminary and Bidding Phases, Pre -Construction Phase and
Construction Phase for both tanks.
HOT Inspection Services, Inc. Office: (512) 244-2523
P.O. Box 1208 • Round Rock, TX T8680-1208 Fax: (512) 485-5129
Exhibit "B"
Services to be Provided by City
The City of Round Rock will provide to Hot Inspection Services, Inc. the following
items/information/assistance:
1. Furnish any existing data, maps, plans, as-builts or construction drawings, etc.
that may pertain to the project as requested.
2. Provide utility location services for all City owned utilities within the project
boundaries as requested.
3. Provide access to the tank site, assist with tank site visits and drain tank as
needed for interior inspection and rehabilitation/logo installation.
4. Provide timely review of construction plans, technical specifications, and
contract documents submitted for review.
5. Provide assistance and coordination with Private Property Owners if needed.
6. Provide production of contract documents, publish dates and bidding
information for project.
7. Provide Engineering Seal for contract documents.
8. Assist during the bid opening date.
HOT Inspection Services, Inc. Office: (512) 244-2523
P.O. Box 1208 • Round Rock, TX T8680-1208 Fax: (512) 485-5129
EXHIBIT "C"
"Services to be Performed by Konzen/HOT Inspection Services, Inc."
A. PRELIMINARY PHASE
1. Attend preliminary conference with the Owner/Engineer regarding the project.
2. Coordinate and conduct an interior inspection of the tank once tank is drained for
establishing the scope for any interior rehabilitation work.
3. Present preliminary budget and scope of work during meeting.
B. PRE-CONSTRUCTIONBIDDING PHASE
1. Establish the scope of work and specifications based on the site surveys and
research conducted. Prepare contract documents authorized by the Owner for
owner's production.
2. Assist the Owner in the advertisements of the project for bids.
3. Assist the Owner in the opening and tabulation of bids for construction of the
project and consult with the Owner as to the proper action to be taken, based on
all of the considerations involved.
4. Assist in the preparation of formal Contract Documents.
5. Conduct a pre construction meeting with the Contractor and Owner.
C. CONSTRUCTION PHASE
1. Conduct on site visits to provide Quality Assurance Surveillance and observe the
progress and quality of the executed work in accordance with the Contract
Documents. Reasonable measures will be taken by Konzen in performing these
services to protect Owner against defects and deficiencies in the Contractor's
work. Konzen shall not guarantee responsibility for the actual supervision of
construction operations or for the safety measures which Contractor takes or
should take.
2. Konzen, as an AWS Certified Welding Inspector and NACE Certified Coating
Inspector, shall be on the referenced project. The objective of this project is to
provide quality assurance surveillance of the surface preparation and painting
during the interior rehabilitation and Logo installation of the water tank.
Inspection and testing visits will be strategic and at the discretion of the
Owner/Engineer.
The inspection methods to be implemented for the logo installation inspections
will consist of visual inspections, mil gauging, holiday testing, profile gauging
and atmospheric measuring. All inspections will verify compliance with the
AWWA D102-06 and contract specifications. The measurement of air
temperature, surface temperature, humidity, dew point, coating thickness and
holiday detection will be recorded in an inspectors logbook. The equipment to
obtain such measurements will be supplied by Konzen.
3. Consult and advise with the Owner: issue all instruction to the contractor
requested by the Owner; and prepare and issue routine change orders with
Owner's approval
4. Review with the Owner, submittals by the Contractor. This review is for the
benefit of the Owner and covers only general conformance with the information
given by the Contract Documents. This review does not relieve the Contractor of
any responsibility such as appropriate safety measures to protect workers,
property and the public, of the necessity to construct a complete and workable
facility in accordance with the Contract Documents.
5. Obtain and review monthly and final estimates for payments to the contractor,
and furnish to the Owner any recommended payments to contractors and
suppliers; assemble written guarantees, which are required by the contract
documents.
6. Conduct with the Owner and contractor, a final inspection of the project for
compliance with the Contract Documents and submit recommendations
concerning project status, as it may affect Owner's final payment to Contractor.
D. WORK EXCLUDED:
1. Work required for safely accessing the tank is not included in the cost of this
project. It will be the contractor's responsibility for providing safe access to all
areas of the tank for inspection and testing during the construction. OSHA
approved staging will be necessary for the complete access of the tank.
2. This proposal assumes that the tank will be accessible for inspection and that any
restrictions requiring special work will affect the cost of this proposal.
HOT Inspection Services, Inc.
P.O. Box 1208 • Round Rock, TX 78880-1208
Exhibit "D"
Work Schedule
Chisholm Valley CET
Preliminary Phase
Pre-Construction/Bidding Phase
Construction Phase
Project bids will be scheduled for o • en in
for construction is estimated for
vary depending on tank availability and
completion of Chisholm Valley CET is
assuring a good coating application.
Office: (512) 244-2523
Fax: (512) 485-5129
11/8/12 -11/23/12
11/26/12 - 1/1/13
1/11/13 - 5/30/13
the week of Notice to proceed
The actual construction schedule may
shutdown schedule by City. Anticipated
The tank will need to be drained for