CM-2016-1142 - 7/1/2016CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
RELATED TO WATERLINE LEAK DETECTION
WITH
JBS WATER, INC.
THE STATE OF TEXAS
THE CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
THIS AGREEMENT for services related to waterline leak detection (the "Agreement') is
made by and between the CITY OF ROUND ROCK, a Texas home -rule municipal corporation
with offices located at 221 East Main Street, Round Rock, Texas 78664-5299 (the "City"), and
JBS WATER, INC., with offices located at 8106 Yaupon Drive, Austin, Texas 78759 (the
"Consultant").
RECITALS:
WHEREAS, City is in need of waterline leak detection survey services on an as -needed
basis; and
WHEREAS, City desires to contract with Consultant for the provision of survey services
related to waterline leak detection; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder.
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.0 EFFECTIVE DATE, DURATION, AND TERM
This Agreement shall be effective on the date this Agreement has been signed by each
party hereto, and shall remain in full force and effect unless and until it expires by operation of
the term indicated herein, or is terminated or extended as provided herein.
The term of this Agreement shall be from the effective date until September 30, 2018.
City reserves the right to review the Agreement at any time, and may elect to terminate
the Agreement with or without cause or may elect to continue.
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2.0 CITY SERVICES
For the purposes of this Agreement, the City agrees to furnish the Consultant the
information set forth and appended to this Agreement as Exhibit "A" titled "City Services,"
incorporated herein by reference for all purposes.
3.0 SCOPE OF SERVICES
For purposes of this Agreement Consultant has issued its proposal for services, such
proposal for services being attached to this Agreement as Exhibit "B" titled "Scope of Services,"
incorporated herein by reference for all purposes.
Consultant shall satisfactorily provide all services set forth in Exhibit `B," in accordance
with due care and prevailing consulting industry standards for comparable services.
4.0 LIMITATION TO SCOPE OF SERVICES
Consultant's undertaking shall be limited to performing services for City and/or advising
City concerning those matters on which Consultant has been specifically engaged. Consultant
and City agree that the Scope of Services to be performed is enumerated in Exhibit "B" and
herein, and may not be changed without the express written agreement of the parties as described
in Section 11.0.
5.0 CONTRACT AMOUNT
Fee: City agrees to pay Consultant as set forth in Exhibit "D," "Fee Schedule," which
document is attached hereto and incorporated herein by reference for all purposes, in payment
for services delineated in Exhibit `B."
Not -To -Exceed Amount: The fees paid by City to Consultant over the term of the
Agreement shall not exceed Forty Thousand and No/Dollars ($40,000.00).
Reimbursable Expenses: Reimbursable expenses shall not be included in this
Agreement.
6.0 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to
the City, in accordance with the delineation contained herein, for services rendered. Such
invoices for professional services shall track the referenced Scope of Work, and shall detail the
services performed, along with documentation for each service performed. Payment to
Consultant shall be made on the basis of the invoices submitted by Consultant and approved by
the City. Such invoices shall conform to the schedule of services and costs in connection
therewith.
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Should additional backup material be requested by the City relative to service
deliverables, Consultant shall comply promptly. In this regard, should the City determine it
necessary, Consultant shall make all records and books relating to this Agreement available to
the City for inspection and auditing purposes.
Payment of Invoices: The City reserves the right to correct any error that may be
discovered in any invoice that may have been paid to Consultant and to adjust same to meet the
requirements of this Agreement. Following approval of an invoice, the City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described in Section 8.01 herein. Under no circumstances shall Consultant be entitled to
receive interest on payments which are late because of a good faith dispute between Consultant
and the City or because of amounts which the City has a right to withhold under this Agreement
or state law. The City shall be responsible for any sales, gross receipts or similar taxes
applicable to the services, but not for taxes based upon Consultant's net income.
7.01 INSURANCE
Consultant shall meet all City of Round Rock Insurance Requirements set forth at:
http•//ww roundrocktexas.eov/wp-contenULIploads/2014/12/corr insurance 07.20112.pdf.
Consultant's Certificate of Insurance is attached hereto and incorporated herein as Exhibit `B."
8.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by the City to Consultant will be made within thirty (30) days of the date the City receives
goods under this Agreement, the date the performance of the services under this Agreement are
completed, or the date the City receives a correct invoice for the goods or services, whichever is
later. Consultant may charge interest on an overdue payment at the "rate in effect" on September
1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by the City in the event:
(a) There is a bona fide dispute between the City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or
(b) There is a bona fide dispute between Consultant and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the
service performed that causes the payment to be late; or
(c) The terms of a federal contract, grant, regulation, or statute prevent the City
from making a timely payment with federal funds; or
(d) The invoice is not mailed to the City in strict accordance with any instruction
on the purchase order relating to the payment.
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9.0 NON -APPROPRIATION AND FISCAL FUNDING
This. Agreement is a commitment of the City's current revenues only. It is understood and
agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
services as determined by the City's budget for the fiscal year in question. The City may effect
such termination by giving Consultant a written notice of termination at the end of its then -
current fiscal year.
10.0 TIMETABLES
Unless otherwise indicated to Consultant in writing by City, or unless Consultant is
unreasonably delayed in the orderly progress of its work by forces beyond Consultant's control,
the timetable structure and deliverable due dates shall be in reasonable conformity to
Consultant's schedule tendered to City and attached as Exhibit "C."
11.0 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by City Council or by the City Manager, if the City determines that there
has been a significant change in (1) the scope, complexity, or character of the services to be
performed; or (2) the duration of the work. Any such Supplemental Agreement .must be
executed by both parties within the period specified as the term of this Agreement. Consultant
shall not perform any work or incur any additional costs prior to the execution, by both parties,
of such Supplemental Agreement. Consultant shall make no claim for extra work done or
materials furnished unless and until there is full execution of any Supplemental Agreement, and
the City shall not be responsible for actions by Consultant nor for any costs incurred by
Consultant relating to additional work not directly authorized by Supplemental Agreement.
12.0 TERMINATION; DEFAULT
Termination: It is agreed and understood by Consultant that the City may terminate this
Agreement for the convenience of the City, upon thirty (30) days' written notice to Consultant,
with the understanding that immediately upon receipt of said notice all work being performed
under this Agreement shall cease. Consultant shall invoice the City for work satisfactorily
completed and shall be compensated in accordance with the terms hereof for work accomplished
prior to the receipt of said notice of termination. Consultant shall not be entitled to any lost or
anticipated profits for work terminated under this Agreement. Unless otherwise specified in this
Agreement, all data, information, and work product related to this project shall become the
property of the City upon termination of this Agreement, and shall be promptly delivered to the
City in a reasonably organized form without restriction on future use. Should the City
subsequently contract with a new consultant for continuation of service on the project,
Consultant shall cooperate in providing information.
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Termination of this Agreement shall extinguish all rights, duties, and obligations of the
City and the terminated party to fulfill contractual obligations. Termination under this section
shall not relieve the terminated party of any obligations or liabilities which occurred prior to
termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory or which is not performed in compliance with the terms of this Agreement.
Default: Either party may terminate this Agreement, in whole or in part, for default if
the Party provides the other Party with written notice of such default and the other fails to
satisfactorily cure such default within ten (10) business days of receipt of such notice (or a
greater time if agreed upon between the Parties).
If default results in termination of this Agreement, then the City shall give consideration
to the actual costs incurred by Consultant in performing the work to the date of default. The cost
of the work that is useable to the City, the cost to the City of employing another firm to complete
the useable work, and other factors will affect the value to the City of the work performed at the
time of default. Neither party shall be entitled to any lost or anticipated profits for work
terminated for default hereunder.
The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of the terminating Party and the terminated Party to fulfill contractual obligations.
Termination under this section shall not relieve the terminated party of any obligations or
liabilities which occurred prior to termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement.
13.0 NON -SOLICITATION
Except as may be otherwise agreed in writing, during the term of this Agreement and for
twelve (12) months thereafter, neither the City nor Consultant shall offer employment to or shall
employ any person employed then or within the preceding twelve (12) months by the other or
any affiliate of the other if such person was involved, directly or indirectly, in the performance of
this Agreement. This provision shall not prohibit the hiring of any person who was solicited
solely through a newspaper advertisement or other general solicitation.
14.0 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, and is not the City's employee. Consultant's
employees or subcontractors are not the City's employees. This Agreement does not create a
partnership, employer-employee, or joint venture relationship. No party has authority to enter
into contracts as agent for the other party. Consultant and the City agree to the following rights
consistent with an independent contractor relationship:
(1) Consultant has the right to perform services for others during the term hereof.
(2) Consultant has the sole right to control and direct the means, manner and method
by which it performs its services required by this Agreement.
(3) Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement.
(4) Consultant or its employees or subcontractors shall perform services required
hereunder, and the City shall not hire, supervise, or pay assistants to help
Consultant.
(5) Neither Consultant nor its employees or subcontractors shall receive training from
the City in skills necessary to perform services required by this Agreement.
(6) City shall not require Consultant or its employees or subcontractors to devote full
time to performing the services required by this Agreement.
(7) Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit
plan of the City.
15.0 CONFIDENTIALITY; MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by the City for use by Consultant
in connection with services to be performed under this Agreement, and any and all data and
information gathered by Consultant, shall be held in confidence by Consultant as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any
proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that the City is subject to the Texas Public
Information Act and its duties run in accordance therewith.
All data relating specifically to the City's business and any other information which
reasonably should be understood to be confidential to City is confidential information of City.
Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries,
inventions, know-how, and any other information which reasonably should be understood to be
confidential to Consultant is confidential information of Consultant. The City's confidential
information and Consultant's confidential information is collectively referred to as "Confidential
Information." Each party shall use Confidential Information of the other party only in
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furtherance of the purposes of this Agreement and shall not disclose such Confidential
Information to any third party without the other party's prior written consent, which consent
shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the
confidentiality of the other party's Confidential Information and to advise their employees of the
confidential nature of the Confidential Information and of the prohibitions herein.
Notwithstanding anything to the contrary contained herein, neither party shall be
obligated to treat as confidential any information disclosed by the other party (the "Disclosing
Party") which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing
Party; (2) is released by the Disclosing Party to any other person or entity (including
governmental agencies) without restriction; (3) is independently developed by the recipient
without any reliance on Confidential Information; or (4) is or later becomes publicly available
without violation of this Agreement or may be lawfully obtained by a party from any non-party.
Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information
of the other to a third party as may be required by law, statute, rule or regulation, including
subpoena or other similar form of process, provided that (without breaching any legal or
regulatory requirement) the party to whom the request is made provides the other with prompt
written notice and allows the other party to seek a restraining order or other appropriate relief.
Subject to Consultant's confidentiality obligations tender this Agreement, nothing herein shall
preclude or limit Consultant from providing similar services for other clients.
Notwithstanding the foregoing, either party will be entitled to disclose Confidential
Information of the other to a third party as may be required by law, statute, rule or regulation,
including subpoena or other similar form of process, provided that (without breaching any legal
or regulatory requirement) the party to whom the request is made provides the other with prompt
written notice and allows the other party to seek a restraining order or other appropriate relief.
Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall
preclude or limit Consultant from providing similar services for other clients.
Neither the City nor Consultant will be liable to the other for inadvertent or accidental
disclosure of Confidential Information if the disclosure occurs notwithstanding the party's
exercise of the same level of protection and care that such party customarily uses in safeguarding
its own proprietary and confidential information.
Notwithstanding anything to the contrary in this Agreement, the City will own as its sole
property all written materials created, developed, gathered, or originally prepared expressly for
the City and delivered to the City under the terms of this Agreement (the "Deliverables"); and
Consultant shall own any general skills, know-how, expertise, ideas, concepts, methods,
techniques, processes, software, or other similar information which may have been discovered,
created, developed or derived by Consultant either prior to or as a result of its provision of
services under this Agreement (other than Deliverables). Consultant's working papers and
Consultant's Confidential Information (as described herein) shall belong exclusively to the
Consultant. City shall have a non-exclusive, non -transferable license to use Consultant's
Confidential Information for City's own internal use and only for the purposes for which they are
delivered to the extent that they form part of the Deliverables.
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16.0 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or industry standards, and shall be performed in a
professional and workmanlike manner. Consultant shall re -perform any work no in compliance
with this representation.
17.0 LIMITATION OF LIABILITY
Should any of Consultant's services not conform to the requirements of the City or of this
Agreement, then and in that event the City shall give written notification to Consultant;
thereafter, (a) Consultant shall either promptly re -perform such services to the City's satisfaction
at no additional charge, or (b) if such deficient services cannot be cured within the cure period
set forth herein, then this Agreement may be terminated for default.
In no event will Consultant be liable for any loss, damage, cost or expense attributable to
negligence, willful misconduct or misrepresentations by the City, its directors, employees or
agents.
18.0 INDEMNIFICATION
Consultant shall save and hold harmless City and its officers and employees from all
claims and liabilities due to activities of his/her/itself and his/her/its agents or employees,
performed under this Agreement, which are caused by or which result from the negligent error,
omission, or negligent act of Consultant or of any person employed by Consultant or under
Consultant's direction or control.
Consultant shall also save and hold City harmless from any and all expenses, including
but not limited to reasonable attorneys' fees which may be incurred by City in litigation or
otherwise defending claims or liabilities which may be imposed on City as a result of such
negligent activities by Consultant, its agents, or employees.
19.0 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party may
assign any rights or delegate any duties under this Agreement without the other party's prior
written approval, which approval shall not be unreasonably withheld.
20.0 LOCAL, STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. The City will not do the following:
(1) Withhold FICA from Consultant's payments or make FICA payments on its
behalf,
(2) Make state and/or federal unemployment compensation contributions on
Consultant's behalf; or
(3) Withhold state or federal income tax from any of Consultant's payments.
If requested, the City shall provide Consultant with a certificate from the Texas State
Comptroller indicating that the City is a non-profit corporation and not subject to State of Texas
Sales and Use Tax.
21.0 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Consultant, its consultants, agents, employees and subcontractors shall use best efforts to
comply with all applicable federal and state laws, the Charter and Ordinances of the City of
Round Rock, as amended, and with all applicable rules and regulations promulgated by local,
state and national boards, bureaus and agencies. Consultant shall further obtain all permits,
licenses, trademarks, or copyrights required in the performance of the services contracted for
herein, and same shall belong solely to the City at the expiration of the term of this Agreement.
22.0 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, in the purchase
or sale of any product, materials or equipment that will be recommended or required hereunder.
23.0 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act on its behalf
with regard to this Agreement:
Chris Spencer, Project Manager
Public Works Department
2008 Enterprise Drive
Round Rock, TX 78664
Telephone: (512) 341-3183
E-mail address: cspencer0wroundrocktexas.aov
The Consultant hereby designates the following representative authorized to act on its
behalf with regards to this Agreement:
James Schiele
JBS Water, Inc.
8106 Yaupon Drive
Austin, TX 78759
Telephone: (512) 657-2917
E-mail address: iaschieleai ibswater.com
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24.0 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
(1) When delivered personally to recipient's address as stated herein; or
(2) Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Consultant:
JBS Water, Inc.
8106 Yaupon Drive
Austin, TX 78759
Notice to City:
City Manager, City of Round Rock
221 East Main Street
Round Rock, TX 78664
AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the City and Consultant.
25.0 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall
be governed by and construed in accordance with the laws and court decisions of Texas.
26.0 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits, constitute the entire
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof. The parties
expressly agree that, in the event of any conflict between the terms of this Agreement and any
other writing, this Agreement shall prevail. No modifications of this Agreement will be binding
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on any of the parties unless acknowledged in writing by the duly authorized governing body or
representative for each party.
27.0 DISPUTE RESOLUTION
The City and Consultant hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, Including without limitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
28.0 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion of provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion of
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
29.0 STANDARD OF CARE
Consultant represents that it is specially trained, experienced and competent to perform
all of the services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed, whether by Consultant or designated
subconsultants, in a manner acceptable to the City and according to generally accepted business
practices.
30.0 GRATUITIES AND BRIBES
City, may by written notice to Consultant, cancel this Agreement without incurring any
liability to Consultant if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Consultant or its agents or
representatives to any City Officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Consultant may be subject to penalties stated in
Title 8 of the Texas Penal Code.
31.0 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure an anticipatory repudiation of this Agreement.
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32.0 MISCELLANEOUS PROVISIONS
Time is of the Essence. Consultant agrees that time is of the essence and that any failure
of Consultant to complete the services for each Phase of this Agreement within the agreed
project schedule may constitute a material breach of the Agreement.
Consultant shall be fully responsible for its delays or for failures to use reasonable efforts
in accordance with the terms of this Agreement. Where damage is caused to City due to
Consultant's failure to perform in these circumstances, City may withhold, to the extent of such
damage, Consultant's payments hereunder without a waiver of any of City's additional legal
rights or remedies. City shall render decisions pertaining to Consultant's work promptly to avoid
unreasonable delays in the orderly progress of Consultant's work.
Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure,
delay or default in performance of any obligation hereunder shall constitute an event of default
or breach of this Agreement, only to the extent that such failure to perform, delay or default
arises out of causes beyond control and without the fault or negligence of the party otherwise
chargeable with failure, delay or default; including but not limited to acts of God, acts of public
enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters
or other casualties, strikes or other labor troubles, which in any way restrict the performance
under this Agreement by the parties.
Section Numbers. The section numbers and headings contained herein are provided for
convenience only and shall have no substantive effect on construction of this Agreement.
Waiver. No delay or omission by either party in exercising any right or power shall
impair such right or power or be construed to be a waiver. A waiver by either party of any of the
covenants to be performed by the other or any breach thereof shall not be construed to be a
waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid
unless in writing and signed by an authorized representative of the party against whom such
waiver or discharge is sought to be enforced.
Multiple Counterparts. This Agreement may be executed in multiple counterparts,
which taken together shall be considered one original. The City agrees to provide Consultant
with one fully executed original.
[Signatures are on the following page.]
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated. /1
City of
By:
Printed
Title:
Date Si
For City, Attest:
1
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For City, p oved as to For :
By:
§iephanj Sheets, City Attorney
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JBS Water,
By:
Printed Name:
Title: Vt i
Date Signed: _
SCt-tt,tL
Leak Detection Work Authorization
JBS Water, Inc.
Exhibit A
City Services
The City of Round Rock will furnish the following items/information:
• Designate a person to act as City's representative with respect to the services to be performed
or furnished by the Leak Detection Consultant. This representation will have authority to
transmit instructions, receive information, interpret and define City's policies and decisions with
respect to leak detection services and repair of reported leaks.
• Provide all criteria and full information as to City's requirements for the Task, including:
To ensure the thoroughness and success of this survey, the Client must be prepared to actively
participate in certain aspects of the project. Customer's responsibilities shall include the
following:
a. Supply Consultant with a set of most current available plans of the water distribution
system, showing size, type and location of mains, valves, fire hydrants and service
connections.
b. Valve installations at distribution system nodes must be uncovered and accessible so that
sensor placement on the operating nut can be achieved.
c. Where meter locations are not easily visible from the side of the roadway, the presence of a
meter should be clearly marked on side of road to facilitate identifying and checking these
where necessary for effective completion of this survey.
d. Provide assistance and coordination with private property owners if needed.
e. When necessary, provide one experienced individual knowledgeable of the water system to
be surveyed, for the purposes of valve and pipe location and access, to include access to
master meters, PRV vaults, customers' services, traffic control at major intersections, etc.
f. Maintain normal operating water pressure during the entire detection process. The
technology utilized is electro -acoustic in nature and inherently relies on the sensor
technology's ability to pick up leak noise in pressurized water mains. The maintenance of
normal system water pressure during the detection process is essential.
g. In exceptional cases, where it is necessary to verify leak location prior to final excavation for
repair, upon request by the Consultant, the City will provide excavation holes (test holes) for
sounding directly on the main.
h. Advise local public safety agencies (Police & Fire Depts., etc.) of the nature of this project
and provide assistance to Consultant where this may be necessary for safe completion of
the work.
JBS Water, Inc. 2016
JBS Water, Inc.
Exhibit B -
SCOPE OF SERVICES
Scope of Services to be provided:
Leak Detection Work Authorization
• This contract is to perform leak detection survey services on an "as needed" basis for immediate
tasks deemed necessary by the CORR Staff.
These tasks will be issued and accounted for via a "Work Order" system. Individual requests for
service will be proposed and fees agreed upon before issuance of the work order.
• These services may include, but are not limited to the following activities:
o Emergency or special leak detection assistance on leaks reported to City that are not
immediately detectable by Utilities Dept. personnel. Services include detailed written
report with schematic and photos of detected leak.
o Conduct sounding surveys in areas or subdivisions selected by City, to detect water
distribution system leaks by use of advanced electro -acoustic leak detection equipment.
o Further sounding activities may be conducted to detect and locate water distribution
system leaks by use of advanced electronic leak detection equipment and correlating
leak noise loggers on a section -by -section basis for the purpose of identifying suspected
locations.
o Utilizing experienced professional skills, experience and the necessary equipment to
complete the project, leak detection equipment will include sensitive electronic leak
sounding instruments and a microprocessor based correlator.
o Physical contact will be made with the system for sounding purposes at selected service
connections (meter), valves and hydrants.
o During the course of the survey, any incidental observations concerning the water
system will be recorded and included in the final report.
o Photographic evidence and summary details of the leaks detected and repaired will be
provided in a final report detailing the work undertaken, the results obtained,
observations concerning the water system surveyed and appropriate recommendations
for the further development of leak reduction practices.
o The technology utilized is electro -acoustic in nature and inherently relies on the sensor
technology's ability to pick up leak noise in pressurized water mains. The maintenance
of normal system water pressure during the detection process is essential. Certain very
small leaks may be undetectable, depending on local conditions (ambient noise,
pressure, pipe material, type of leak, etc.).
o After repair of leaks reported by the City, repeat soundings at those points to ensure no
further leak remains.
o Leak survey services include detailed written final report showing findings and
recommendations.
Each Services Task will be authorized by a separate written Notice to Proceed.
JBS Water, Inc. 2016
Leak Detection Work Authorization
JBS Water, Inc.
Exhibit C
Work Schedule
This contract is intended to terminate on September 30, 2018.
Any open Work Authorizations at the end of this contract will be completed at the rates quoted in this
contract.
JBS Water, Inc. 2016
Leak Detection Work Authorization
JBS Water, Inc.
Exhibit D
Fee Schedule
Fees will be determined individually for each specific task based on the requirements and complexities
of the task, except as outlined below for emergency or special leak detection jobs. All fees will be agreed
upon in advanced before the issuance of the work order and the commencing of any work.
Emergency or special leak detection:
(includes detailed leak report)
JBS Water, Inc. 2016
$150.00/hour portal to portal, with 2 hour
minimum*.
Evenings/Weekends: $225.00/hour portal to
portal, with 2 hour minimum*.
* Typical travel time from our location to most
CoRR locations is 20-30 minutes each way.
---ON JBSAS-1 OP ID: DL
,A ---- CERTIFICATE OF LIABILITY INSURANCE DATE
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject t0
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER Phone: 713-681-2500
KADnNte: Michele Moi _
Insurance Services Fax: 713.684-1600
1D777 Northwest Frwy., #700
10777
Houston, TX 77092-7313
o .Est), 713-681-2500 aC,No: 713-684-1600
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ADDRESS: mmoity@harco-ins.com
INSURER(S) AFFORDING COVERAGE NAIC At
INSURERA: Hartford Lloyds insurance 38253 _
INSURED JBS Water, Inc.
INSURER B: Trumbull Insurance Company
4715 Strack Rd Suite 114
Houston, TX 77069
INSURERC:
WSURERD:
WSURERE:
BISBAIH2170
03/08/2016
INSURER F,
vTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILS NSR
TYPE OF INSURANCE
POLICYNUMBER
MAOVOD
MUMD
LIMITS
GENERAL LIABILITY
EACH OCCURREIKE $ 1,000,00
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DESCRIPTPXH OF OPERATIONS
DESCRIPTION OF OPERATIONS ILOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule,if more space Is required)
Please see attached for Additional Coverage.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
W IJOo-LUIU MI Wmu-Mr---
ACORD
Mr-nv,+.ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Professional Consulting Services Agreement with
JBS Water, Inc. for as -needed waterline detection survey services.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/1/2016
Dept Director: Michael Thane, Director of Utilities and Environmental Services Department
Cost:
Indexes:
Attachments: Agmt_ JBS _ WaterLeakDetection_CM7.1.16.pdf,
LAF_J BS_WaterLeakDetection_CM7.1.16. pdf
Department: Utilities and Environmental Services
Text of Legislative File CM -2016-1142
Consider executing a Professional Consulting Services Agreement with JBS Water, Inc.
for as -needed waterline detection survey services.
In order to insure that the City is proactive in minimizing leaks and continues to reduce
the amount of water loss in the water distribution system, the Utility Staff would like to
enter into an agreement for water leak detection services with JBS Water, Inc.
This contract is to perform leak detection services in various areas throughout the water
distribution system as determined by Utility Staff. These tasks will be issued and
accounted for via a "Work Order" system. The term of this agreement is until
September 30, 2018.
Staff Recommends Approval.
City of Round Rock Page 1 Printed on 613012016