R-06-08-24-14C1 - 8/24/2006RESOLUTION NO. R -06-08-24-14C1
WHEREAS, the City of Round Rock desires to retain personal
services for Project Administration and Inspection for 2006-2008 Tank
Rehabilitation Project, and
WHEREAS, John H. Konzen has submitted an Agreement for Personal
Services for Project Administration and Inspection for 2006-2008 Tank
Rehabilitation Project to provide said services, and
WHEREAS, the City Council desires to enter into said agreement
with John H. Konzen, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Agreement for Personal Services for Project
Administration and Inspection for 2006-2008 Tank Rehabilitation Project
with John H. Konzen, a copy of said agreement being attached hereto as
Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended
RESOLVED this 24th day of August,
T ST:,
WELL, ayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secretary
@PFDesktop\::ODMA/WORLDOx/0:/wdox/RESOLUTI/R60824C1.WPD/rmc
AGREEMENT made as of the
(In words, indicate day, month and year.)
Agreement for Personal Services for
Project Administration and Inspection
for 2006-2008 Tank Rehabilitation Project
with John H. Konzen
( ) day of the month of in the year Two Thousand Six.
BETWEEN the City of Round Rock, Texas, identified as the Owner:
(Name, address and other information)
City of Round Rock
221 East Main Street
Round Rock, Williamson County, Texas 78664
and John H. Konzen:
(Name, address and other information)
John H. Konzen
Post Office Box 1208
Round Rock, Williamson County, Texas 78680
For the following Project:
(Include detailed description of Project.)
Personal services including consulting, construction administration and management, and inspection for the City of Round Rock 2006-2008 Tank
Rehabilitation Project, including one (1) 500MG Bowman Road GST and one (1) 1MMG Vista Heights Standpipe Rehabilitation Project; and
personal services including preparing 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.
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.
(Note the disposition for the following items by inserting the requested information or a statement such as "not applicable, "'unknown at time of execution" or
"to be determined later by mutual agreement.')
1.1.2 PROJECT PARAMETERS
1.1.2.1 The objective or use is:
(Ident fy or describe, if appropriate, proposed use or goals.)
Objectives include but are not limited to obtaining personal services from John H. Konzen including consulting, construction administration
and management, and inspection of the 500MG Bowman Road GST and 1MMG Vista Heights Standpipe Rehabilitation Project; and personal
services including preparing 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.
1.1.2.2 The physical parameters are:
Konzen HOT contract 2006-2008 Tank Rehab (00100521).DOC
EXHIBIT
"An
(Idents or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site)
The sites of the 500MG Bowman Road GST and 1MMG Vista Heights Standpipe Rehabilitation Project
1.1.2.3 City's Program is:
(Idents documentation or state the manner in which the program will be developed.)
1.1.2.4 The legal parameters are:
(Ident ( pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site.)
1.1.2.5 The financial parameters are as follows:
Compensation to Konzen for Konzen's personal services is estimated as follows:
Bowman Road Tank
Preliminary Phase
Pre -Construction Phase
Construction Phase
Vista Heights Tank
Preliminary Phase
Pre -Construction Phase
Construction Phase
$ 1,500.00
$ 6,500.00
$17,000.00
$ 1,500.00
$ 8,500.00
$25,000.00
Total Fee $60,000.00
1.1.2.6 The time parameters are:
(Idents, tf appropriate, milestone dates, durations or fast track scheduling.)
Twelve (12) months from Konzen's receipt of City's written Notice to Proceed.
Time of Performance: All inspection visits shall be scheduled with Owner and Konzen, if required, for performing the necessary inspection and
testing.
1.1.2.7 The proposed procurement or delivery method for the Project is:
(Idents method such as competitive bid, negotiated contract, or construction management.)
Personal services herein are engaged by this negotiated Agreement
1.1.2.8 Other parameters are:
(Idents special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.)
Unknown at this time.
1.1.3 PROJECT TEAM
1.1.3.1 The Owner's Designated Representative is:
(List name, address and other information)
Don Rundell, Project Manager
City of Round Rock Public Works
2008 Enterprise Drive
Round Rock, Texas 78664
1.1.3.2 The persons or entity, in addition to the Owner's Designated Representative, who is required to review Konzen's submittals to the
Owner are:
(List name, address and other information.)
City Manager
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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 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 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.
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
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 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
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
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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.
13.4.2 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.
13.4.3 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 Owner and Konzen hereby expressly agree that no claims or disputes between 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 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
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 govemed 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 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
13.7.5 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 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 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. City is qualified
for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
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1.3.7.9 Konzen covenants and represents that he will have no financial interest, direct or indirect, in the purchase or sale of any product,
materials or equipment that will be recommended or required for the Project.
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 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, with the understanding that immediately upon receipt of said notice all work and labor being performed under
this Agreement shall cease. Konzen 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 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 which is unsatisfactory as determined by Owner's
representative or which is not submitted in compliance with the terms of this Agreement. 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
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 Owner and Konzen
1.4.1.1 Other documents as follows:
(List other documents, ?luny, forming part of the Agreement)
Exhibit "B" entitled "Konzen's Scope of Services"
Exhibit "C" entitled "Work Schedule for the 2006-2008 Tank Rehab Project"
Exhibit "D" entitled "Fee Schedule for 2006-2008 Tank Rehab Project"
1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows:
ARTICLE 1.5 COMPENSATION
1.5.1 For Konzen's services as described herein, compensation shall be computed as follows:
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In accordance with Section 1.1.2.5 herein.
1.5.2 If the services of Konzen are changed as described in Section 1.3.3.1, the compensation may be adjusted. Such adjustment shall be
calculated in an equitable manner.
(Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and idents Principals and class yy
employees, if required. Idents specific services to which particular methods of compensation apply)
1.5.3 Payments are due and payable thirty (30) days from the date of Konzen's invoice, or not later than the time period required under the
Texas Prompt Payment Act, whichever is later. Non -disputed amounts unpaid sixty (60) days after the invoice date shall bear interest at the rate
entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of Konzen.
(Insert rate of interest agreed upon.)
One and one-half percent (11/2%) per month
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and
Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be
obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.)
ARTICLE 1.6 INDEMNIFICATION
1.6.1 Indemnification (Damage Claims). Konzen agrees to defend, indemnify and hold City, its officers, agents and employees, harmless
against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for
which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by Konzen's breach of any of
the terms or provisions of this Agreement, or by any negligent act or omission of Konzen in the performance of this Agreement; except that the
indemnity provided for in this section shall not apply to any liability resulting from the sole negligence of City, its officers, agents, employees
or separate contractors, and in the event of joint and concurrent negligence of both Konzen and City, responsibility and indemnity, if any, shall
be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity
available to City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this section are solely for
the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
ARTICLE 1.7 INSURANCE
1.7.1 Insurance. Konzen, at his sole cost, shall purchase and maintain during the term and entire duration of this Agreement minimum
insurance coverages in the types and amounts as follow:
A.. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence including like coverage
for acts and omissions of subcontractors and contractual liability coverage;
B. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of
subcontractors and contractual liability coverage.
C. Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum limits for Bodily Injury of $100,000 for each
person and $300,000 for each occurrence, and Property Damage minimum limits of $50,000 for each occurrence. Konzen shall require
subcontractors to provide Automobile Liability Insurance with the same minimum limits.
1.7.2 Insurance Requirements.
to City.
(1) All insurance shall be obtained by Konzen from a company authorized to do insurance business in Texas and otherwise acceptable
(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:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
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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.
1.7.3 Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Konzen shall be bome 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, duly
authorized to execute the same in its behalf by Resolution No. approved by the City Council on , and
by John H. Konzen, with both parties binding themselves, their successors and assigns and legal representatives for the faithful and full
performance of the terms and provisions of this Agreement.
OWNER:
PROVIDER OF PER SER / ES:
CITY OF ROUND ROCK, TEXAS JOHN H. KO
By:
Nyle Maxwell, Mayor
ATTEST:
Christine R. Martinez, City Secretary
APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
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EXHIBIT "B"
KONZEN'S SCOPE OF SERVICES
2006-2008 Tank Rehabilitation Project
A. PRELIMINARY PHASE
1. Attend preliminary conference with the Owner/Engineer regarding the project.
2. Prepare a preliminary report on the project indicating the problem involved and
alternate solutions available, including probable cost.
3. Furnish Owner with copy of preliminary report and discuss which plan of action
to take based on the projected outcome of each alternate.
B. PRE CONSTRUCTION PHASE
1. Establish the scope of work and specifications based on the site surveys and
research conducted. Prepare contract documents authorized by the Owner.
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 welding, sandblasting, and painting during the rehabilitation of the water tanks. Inspection and
testing visits will be strategic and at the discretion of the Owner/Engineer. The services to be
rendered will include the following:
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Welding and Repair Inspection
o Review tank project drawings to provide comments and recommendations.
o Review welder qualification records, welding procedures.
o Verify proper welding electrodes and electrode storage to be used on project.
o Conduct inspections on shop fabricated components.
o Conduct inspections of field welding and repairs.
The inspection methods to be implemented for the above inspection will consist of Visual Testing. All
inspections shall verify compliance with the Contract Specifications. Konzen as an AWS Certified
Welding Inspector and NACE Certified Coating Inspector, shall conduct all welding inspections.
Shop fabricated items will be inspected on site as they arrive unless the owner requests a shop visit. The
fabrication and weld quality will be inspected for compliance to AWWA D100-96. If the owner
requires a shop inspection, it shall consist of a visual inspection of the fabricating practices and
operations to determine compliance with the AWWA Standard. All travel and labor expenses will be
charged as additional expenses.
Sandblasting and Coating Inspection
o Pre -surface preparation inspection.
o Measurement of ambient conditions.
o Evaluation of compressor and surface preparation equipment.
o Determination of surface preparation cleanliness and profile.
o Inspection of application equipment.
o Witnessing coating mixing.
o Inspecting coating application.
o Determination of wet film thickness.
o Determination of dry film thickness.
o Evaluating cleanliness between coats.
o Witnessing holiday testing conducted by the contractor
o Evaluating cure.
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The inspection methods to be implemented for the sandblasting and coating inspections will consist of
visual inspections, mil gauging, holiday testing, profile gauging and atmospheric measuring. All
inspections will verify compliance with the AWWA D102-97 and contract specifications. The
measurement of air temperature, surface temperature, humidity, dew point, coating thickness and
holiday detection will be recorded in an inspector's 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.
E. 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.
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EXHIBIT "C"
WORK SCHEDULE FOR THE 2006-2008 TANK REHAB PROJECT
Bowman Road Tank
Preliminary Phase
Pre -Construction Phase
Construction Phase
Vista Heights Tank
Preliminary Phase
Pre -Construction Phase
Construction Phase
August 28, 2006 — September 1, 2006
September 4, 2006 — November 3, 2006
February 15, 2006 — May 15, 2007
August 28, 2006 — September 1, 2006
September 4, 2006 — November 3, 2006
November 6, 2006 — March 15, 2007
Project bids will be scheduled for opening during the last week in October. Notice to
proceed for construction is estimated for November 6, 2006. The actual construction
schedule may vary depending on tank availability and shutdown schedule by City.
EXHIBIT "D"
FEE SCHEDULE
FOR
2006-2008 TANK REHAB PROJECT
Providing personal services to the City of Round Rock for consulting, construction
administration and management, and inspection of One (1) 500MG Bowman Road GST
and One (1) 1MMG Vista Heights Standpipe Rehabilitation Project, and to 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.
The estimated cost for providing the above services will be based on the total estimated
construction cost of $427,394.00 whereas the cost is divided between the Preliminary
Phase, Pre -Construction Phase and the Construction Phase for each tank. Actual costs
will be based on $75.00/hr for services and materials provided.
Bowman Road Tank ($189,984.00)
Preliminary Phase
Pre -Construction Phase
Construction Phase
Vista Heights Tank ($237,410.00)
Preliminary Phase
Pre -Construction Phase
Construction Phase
Total Estimated Fee
$ 1,500.00
$ 6,500.00
$17,000.00
$ 1,500.00
$ 8,500.00
$25,000.00
$60,000.00
EXHIBIT "E"
INSURANCE CERTIFICATE
2006-2008 Tank Rehabilitation Project
(behind this page)
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06/12/2006 08:17 5122440607
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
HOT INSPECTION - PAGE 02
Watkins Insurance Group -Austin
3834 Spicewood Springs, Ste .100
Austin, Tx 78759 A
Hot Inspection:Services, Inc.. B
1NSURED John Konzen.
P.O. Box:1208
Round Rock, Tx 78680
Date: 6-12-06
COMPANIES AFFORDING COVERAGE
Hartford Lloyds Insurance Company
Hartford Underwrif'ets Insurance Company
THIS IS TO CERTIFY 711AT the Insured named above is insured by the Companies listed above with respect to
the business operations hereinafter described, for the•types of insurance and in accordance with the provisions of
the standard policies used by the companies, and further hereinafter desen'bed. Exceptions to the policies ar noted
below.
CO
LTR
TYPE OF POLdCY
INSURANCE NUMBER
EFFEC IVE
DATE
ICXPIRATION
DATE •
GENERAL LIABILITY
A
65SBAPV1060
3-21-06
3-2107
AUTOMOBILE LIABILITY
A
65SBAPV1060 3-21-06 •
TDA LIABILITY
3-21,-07
OBNBRAL AGOREGATB
FR AUG.
PERSONAL Pe ADV. DUURY
EACH OCCURRENCE
ENCE
1,000,000
•.1, 000 , 000.
$ 500,000
8 500,000.
FLEE DAMAGE (Any area Geo) S 300,000
urEn. EXPENSE (Amy nae pennoel) $ 10 , 000
COMBINED SINGLE LIMIT $
BODILY *BAY (Per wpm) 3 500,000
BODILY INJURY (Par aceidcat) 3
• PROPERTY DAMAGE
EACfi O$ffi�IL$ 3
AGGREGATE • t
WORKERS' Cc 4PENSATION
B ANo F.MpLOYURS' uton.T v
65WECPK4-151 12-18-05
STATUTORY LIMITS
EACH ACCIDENT
12-18-06 xaSu SIa-P0t,lar war
DISEASE- EACHEMPLOYEE
$
$1100,000.
3 500,000-
s 100,000
PROFESSIONAL LIABILITY
DBSCRI DON OF OPEkAnoteJ ACATIONS/VEHICLEa/PCIAL ITEMSlEXCEP71ONS
The City of Round Rock is waned as additional insured with respect to all policies except `Workers' Codon and Employers'
Liability' pod 'Professional Liability'. Should any aft above described policies bo ta~neellod or ciged beibne the c%pitadlon dale
Ihereo$ the issuing company will Mail thirty (30) days written notice to the certificate holder naouod below.
CERTIFICATE HOLDER: City Manager
City ofRoemd Rock
221 8. Mail! Street
Round Rock, Team 78664
00650 —7/2003
Page 1
SIGNAr OF AUIHO
(j') /
dike k
REPRESENTATIVE
TypedNome: Patrick L. Watkins
President
Title:
C.ejtil'icate of Liability biannanet
DATE: August 17, 2006
SUBJECT: City Council Meeting - August 24, 2006
ITEM: *14.C.1. Consider a resolution authorizing the Mayor to execute a
Professional Service Contract with John H. Konzen for Project
Administration and Inspection for the 2006-2008 Tank
Rehabilitation Project.
Department: Water and Wastewater Utilities
Staff Person: Tom Word, Chief of Public Works Operations
Justification:
This professional service contract is for project administration, construction management
and project inspection of the rehabilitation of the Bowman and Vista Heights Tanks to be
rehabilitated between September 2006 and February 2007. Estimated rehabilitation cost for
both tanks is $427,394.00, in addition to the not to exceed $60,000.00 for this professional
service contract.
Funding:
Cost:
Source of funds:
$60,000.00
Self Financed Construction -Utility
Outside Resources: John H. Konzen
Background Information:
The TCEQ requires annual inspections of all water storage tanks within our distribution
system. With the information from these inspections we schedule each water tank in the
city's system for repairs and painting, based on its present condition. In general, steel tanks
need re -painting every 10 to 15 years.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
Agreement for Personal Services for
Project Administration and Inspection
for 2006-2008 Tank Rehabilitation Project
with John H. Konzen
AGREEMENT made as of the am our (itli) day of the month of 4u 4U s"f in the year Two Thousand Six.
(In words, indicate day, month and year.)
BETWEEN the City of Round Rock, Texas, identified as the Owner:
(Name, address and other information)
City of Round Rock
221 East Main Street
Round Rock, Williamson County, Texas 78664
and John H. Konzen:
(Name, address and other information)
John H. Konzen
Post Office Box 1208
Round Rock, Williamson County, Texas 78680
For the following Project:
(Include detailed description of Project)
Personal services including consulting, construction administration and management, and inspection for the City of Round Rock 2006-2008 Tank
Rehabilitation Project, including one (1) 500MG Bowman Road GST and one (1) 1MMG Vista Heights Standpipe Rehabilitation Project; and
personal services including preparing 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.
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.
(Note the disposition for the following items by inserting the requested information or a statement such as "not applicable, " "unknown at time of execution" or
"to be determined later by mutual agreement.')
1.1.2 PROJECT PARAMETERS
1.1.2.1 The objective or use is:
(Iden! f or describe, if appropriate, proposed use or goals.)
Objectives include but are not limited to obtaining personal services from John H. Konzen including consulting, construction administration
and management, and inspection of the 500MG Bowman Road GST and 1MMG Vista Heights Standpipe Rehabilitation Project; and personal
services including preparing 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.
1.1.2.2 The physical parameters are:
Konzen HOT contract 2006-2008 Tank Rehab (00100521).DOC
R45164)8" 24. /IOC
(Idents or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.)
The sites of the 500MG Bowman Road GST and 1MMG Vista Heights Standpipe Rehabilitation Project
1.1.2.3 City's Program is:
(Idents documentation or state the manner in which the program will be developed)
1.1.2.4 The legal parameters are:
(Idents pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site.)
1.1.2.5 The financial parameters are as follows:
Compensation to Konzen for Konzen's personal services is estimated as follows:
Bowman Road Tank
Preliminary Phase
Pre -Construction Phase
Construction Phase
Vista Heights Tank
Preliminary Phase
Pre -Construction Phase
Construction Phase
$ 1,500.00
$ 6,500.00
$17,000.00
$ 1,500.00
$ 8,500.00
$25,000.00
Total Fee $60,000,00
1.1.2.6 The time parameters are:
(Idents, if appropriate, milestone dates, durations or fast track scheduling.)
Twelve (12) months from Konzen's receipt of City's written Notice to Proceed.
Time of Performance: All inspection visits shall be scheduled with Owner and Konzen, if required, for performing the necessary inspection and
testing.
1.1.2.7 The proposed procurement or delivery method for the Project is:
(ldenti method such as competitive bid, negotiated contract, or construction management.)
Personal services herein are engaged by this negotiated Agreement
1.1.2.8 Other parameters are:
(Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.)
Unknown at this time.
1.1.3 PROJECT TEAM
1.1.3.1 The Owner's Designated Representative is:
(List name, address and other information)
Don Rundell, Project Manager
City of Round Rock Public Works
2008 Enterprise Drive
Round Rock, Texas 78664
1.1.3.2 The persons or entity, in addition to the Owner's Designated Representative, who is required to review Konzen's submittals to the
Owner are:
(List name, address and other information.)
City Manager
2
221 East Main Street
Round Rock, Texas 78664
1.1.3.3 The Owner's other consultants and contractors are:
(List discipline and, if known, idents them by name and address.)
1.1.3.4 Konzen's Designated Representative is:
(List name, address and other information)
John H. Konzen
Post Office Box 1208
Round Rock, Texas 78680
1.1.3.5 The consultants retained at Konzen's expense are:
(List discipline and, if known, idents them by name and address)
None. This is a personal services Agreement with John H. Konzen.
1.1.4 Other important initial information is:
It is expressly understood and agreed by and between the parties hereto that any alteration in schedule, compensation and Change in Services
shall be effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to this Agreement must be duly authorized by
City Council 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.
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
3
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 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 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.
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
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 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
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
4
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.
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 Owner and Konzen hereby expressly agree that no claims or disputes between 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 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
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 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 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 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. City is qualified
for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
5
1.3.7.9 Konzen covenants and represents that he will have no financial interest, direct or indirect, in the purchase or sale of any product,
materials or equipment that will be recommended or required for the Project.
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 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, with the understanding that immediately upon receipt of said notice all work and labor being performed under
this Agreement shall cease. Konzen 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 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 which is unsatisfactory as determined by Owner's
representative or which is not submitted in compliance with the terms of this Agreement. 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
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 Owner and Konzen
1.4.1.1 Other documents as follows:
(List other documents, tf any, forming part of the Agreement.)
Exhibit "B" entitled "Konzen's Scope of Services"
Exhibit "C" entitled "Work Schedule for the 2006-2008 Tank Rehab Project"
Exhibit "D" entitled "Fee Schedule for 2006-2008 Tank Rehab Project"
1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows:
ARTICLE 1.5 COMPENSATION
1.5.1 For Konzen's services as described herein, compensation shall be computed as follows:
6
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 mariner.
(Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and ident fy Principals and classify
employees, if required. Idents specific services to which particular methods of compensation apply)
1.5.3 Payments are due and payable thirty (30) days from the date of Konzen's invoice, or not later than the time period required under the
Texas Prompt Payment Act, whichever is later. Non -disputed amounts unpaid sixty (60) days after the invoice date shall bear interest at the rate
entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of Konzen.
(Insert rate of interest agreed upon.)
One and one-half percent (1 '/2%) per month
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and
Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be
obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.)
ARTICLE 1.6 INDEMNIFICATION
1.6.1 Indemnification (Damage Claims). Konzen agrees to defend, indemnify and hold City, its officers, agents and employees, harmless
against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for
which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by Konzen's breach of any of
the terms or provisions of this Agreement, or by any negligent act or omission of Konzen in the performance of this Agreement; except that the
indemnity provided for in this section shall not apply to any liability resulting from the sole negligence of City, its officers, agents, employees
or separate contractors, and in the event of joint and concurrent negligence of both Konzen and City, responsibility and indemnity, if any, shall
be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity
available to City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this section are solely for
the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
ARTICLE 1.7 INSURANCE
1.7.1 Insurance. Konzen, at his sole cost, shall purchase and maintain during the term and entire duration of this Agreement minimum
insurance coverages in the types and amounts as follow:
A.. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence including like coverage
for acts and omissions of subcontractors and contractual liability coverage;
B. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of
subcontractors and contractual liability coverage.
C. Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum limits for Bodily Injury of $100,000 for each
person and $300,000 for each occurrence, and Property Damage minimum limits of $50,000 for each occurrence. Konzen shall require
subcontractors to provide Automobile Liability Insurance with the same minimum limits.
1.7.2 Insurance Requirements.
to City.
(1) All insurance shall be obtained by Konzen from a company authorized to do insurance business in Texas and otherwise acceptable
(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:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
7
Konen 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.
1.7.3 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.
authorized to execute the same in its behalf by Resolution No. if-ok of aq-n441 approved by the City Council on
IN WITNESS WHEREOF, the City of Round Rock has caused this Aement to be signed in its corporate name by its Ma or, duly
Q and
by John H. Konzen, with both parties binding themselves, their successors and assigns and legal representatives for the faithf and full
performance of the terms and provisions of this Agreement.
OWNER: PROVIDER OF PERSONAL : RVICES:
CITY OF ROUND ROCK, TEXAS JOHN H. 1 . EN
ATTEST:
Atatuyto t rrcotimo,
Christine R. Martinez, City Secretary
APP'O DASTOFORM:
L.
•
Step an . S eets, City Attorney
8
EXHIBIT "B"
KONZEN'S SCOPE OF SERVICES
2006-2008 Tank Rehabilitation Project
A. PRELIMINARY PHASE
1. Attend preliminary conference with the Owner/Engineer regarding the project.
2. Prepare a preliminary report on the project indicating the problem involved and
alternate solutions available, including probable cost.
3. Furnish Owner with copy of preliminary report and discuss which plan of action
to take based on the projected outcome of each alternate.
B. PRE CONSTRUCTION PHASE
1. Establish the scope of work and specifications based on the site surveys and
research conducted. Prepare contract documents authorized by the Owner.
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 welding, sandblasting, and painting during the rehabilitation of the water tanks. Inspection and
testing visits will be strategic and at the discretion of the Owner/Engineer. The services to be
rendered will include the following:
9
Welding and Repair Inspection
o Review tank project drawings to provide comments and recommendations.
o Review welder qualification records, welding procedures.
o Verify proper welding electrodes and electrode storage to be used on project.
o Conduct inspections on shop fabricated components.
o Conduct inspections of field welding and repairs.
The inspection methods to be implemented for the above inspection will consist of Visual Testing. All
inspections shall verify compliance with the Contract Specifications. Konzen as an AWS Certified
Welding Inspector and NACE Certified Coating Inspector, shall conduct all welding inspections.
Shop fabricated items will be inspected on site as they arrive unless the owner requests a shop visit. The
fabrication and weld quality will be inspected for compliance to AWWA D100-96. If the owner
requires a shop inspection, it shall consist of a visual inspection of the fabricating practices and
operations to determine compliance with the AWWA Standard. All travel and labor expenses will be
charged as additional expenses.
Sandblasting and Coating Inspection
o Pre -surface preparation inspection.
o Measurement of ambient conditions.
o Evaluation of compressor and surface preparation equipment.
o Determination of surface preparation cleanliness and profile.
o Inspection of application equipment.
o Witnessing coating mixing.
o Inspecting coating application.
o Determination of wet film thickness.
o Determination of dry film thickness.
o Evaluating cleanliness between coats.
o Witnessing holiday testing conducted by the contractor
o Evaluating cure.
10
The inspection methods to be implemented for the sandblasting and coating inspections will consist of
visual inspections, mil gauging, holiday testing, profile gauging and atmospheric measuring. All
inspections will verify compliance with the AWWA D102-97 and contract specifications. The
measurement of air temperature, surface temperature, humidity, dew point, coating thickness and
holiday detection will be recorded in an inspector's 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.
E. 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.
11
EXHIBIT "C"
WORK SCHEDULE FOR THE 2006-2008 TANK REHAB PROJECT
Bowman Road Tank
Preliminary Phase
Pre -Construction Phase
Construction Phase
Vista Heights Tank
Preliminary Phase
Pre -Construction Phase
Construction Phase
August 28, 2006 — September 1, 2006
September 4, 2006 — November 3, 2006
February 15, 2006 — May 15, 2007
August 28, 2006 — September 1, 2006
September 4, 2006 — November 3, 2006
November 6, 2006 — March 15, 2007
Project bids will be scheduled for opening during the last week in October. Notice to
proceed for construction is estimated for November 6, 2006. The actual construction
schedule may vary depending on tank availability and shutdown schedule by City.
EXHIBIT "D"
FEE SCHEDULE
FOR
2006-2008 TANK REHAB PROJECT
Providing personal services to the City of Round Rock for consulting, construction
administration and management, and inspection of One (1) 500MG Bowman Road GST
and One (1) 1MMG Vista Heights Standpipe Rehabilitation Project, and to 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.
The estimated cost for providing the above services will be based on the total estimated
construction cost of $427,394.00 whereas the cost is divided between the Preliminary
Phase, Pre -Construction Phase and the Construction Phase for each tank. Actual costs
will be based on $75.00/hr for services and materials provided.
Bowman Road Tank ($189,984.00)
Preliminary Phase
Pre -Construction Phase
Construction Phase
Vista Heights Tank ($237,410.00)
Preliminary Phase
Pre -Construction Phase
Construction Phase
Total Estimated Fee
$ 1,500.00
$ 6,500.00
$17,000.00
$ 1,500.00
$ 8,500.00
$25,000.00
$60,000.00
EXHIBIT "E"
INSURANCE CERTIFICATE
2006-2008 Tank Rehabilitation Project
(behind this page)
14
06/1272006 B8:17 5122440687
CERTIFICATE OF UABILITY INSURANCE
PRODUCER
INSURED
HOT INSPECTION PAGE 02
Watkins Insurance Group -Austin
3834 Spicewwood Springs, Ste 100
Austin, Tx 78759 A
Hot InspectiotL5ervices, Inc.. B
John 1 onzen
P.O. Box:71208
Round Rock, Tx 78680
Data_ - 6-12-06
COMPANIES AFFORDING COVERAGE
Hartford Lloyds Insurance Company
Hartford Underwritets Insurance Company
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to
the business operations hereinafter described, for the types of insurance and in accordance with the provisions of
the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted
below.
CO TYPE OF POLICY EFFECTIVE EXPIRATION LIM1f5
LTR
INSURANCE NUMBER
LATE DATE
GENERAL LIABILITY
65SBAPV1060 3-21-06 3-21-07
GENBPM. AGGBIUGATll S
.:7,000,000
6.1,000,000.
3 500,000
500,000.
300,000
10,000
PR AUG.
PERSONAL k ADV. INJURY
EACH OCCURRENCE S
PIRG DAMAGE (Any one far) 5
mED. EXPENSE (Amy ®e prion) 5
AUTOMOBILE JLE LIAIIILrrY
A 65SBAPV1060 3-21-06 . 3-21,07
COMBINED SINGLE LIMIT 3
BODILY INJURY OWon) " 3 500,000
Arm
BODILY INJURY (Per midwt) S
. PROPERTY DAMAGE $
EXCESS LIABILITY
EACH ocQ les
AGGREGATE
$
3
WOES' COMPENSATION
B AND E IWLO'$FS' LIABILITY
65WECP10151 12-18-05 12-18-06
STATUTORY LIMITS
EACH ACCIDENT
mums— fot:Y LUAIT
DISEASE- EACH EMPLOYEE
$
srlo ,000.
3 500,000
s 100,000
PROFESSIONAL LIABILITY
DESCRIPTION OF OPERATIONS/ LOCATIONSNEH1CLi E IAL Me/EXCEPTIONS
Tba City of Round Rock is named as additional insured with respect to all policies except 'Workers' Cdr and Employers'
Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed beano tlhe pcpirafon date
thereog the issuing company will mail thirty (30) days written notice to the certificate holder namdd below. -
CERTIFICATE HOLDER: City Manager
City of Round Rock
221 E. Main Street
Round Roc Texas 78664
Page 1
00650 — 7/2003
SIGNAOF AUTHO ' res M REPRESENTATIVE REboatioa)
Abiii.k
Typed None. Patrick L. Watkins
Title:
President
Cartirocana of LiabiTty Insuranes