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Home My WebLink AboutAgenda CC 05.27.2008 WorkshopNotice of Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, May 27, 2008 The Georgetown City Council will meet on Tuesday, May 27, 2008 at 04:30:00 PM at City Council Chambers, at the northeast corner of Seventh and Main Streets, Georgetown, Texas. If you need accommodations for a disability, please notify the city in advance. An agenda packet, containing detailed information on the items listed below, is distributed to the Mayor, Councilmembers, and the Georgetown Public Library no later than the Saturday preceding the council meeting. The library's copy is available for public review. Policy Development/Review Workshop - Call to order at 04:30 PM A Presentation and discussion on the City's proposed 2008109 Capital Improvement Program for both utilities and general capital improvements — Paul Brandenburg, City Manager Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. B Sec.551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items C Sec.551.086: Competitive Matters - Presentation and possible action to approve the 2008-09 Electric Capital Improvement Projects Plan — Ken Arnold, Energy Services Manager and Jim Briggs, Assistant City Manager for utility operations Regular Session to convene no earlier than 6:00 p.m. D Call to Order E Pledge of Allegiance F Comments from the dais G Announcements and Comments from City Manager H Action from Executive Session Public Wishing to Address Council On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. As of the deadline, there were no persons who requested to address the Council on items other than already posted on the Agenda. Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single City Council Agenda/May 27, 2008 Page 1 of 4 Pages vote. A councilmember may pull any item from the Consent Agenda in order that the Council discuss and act upon it individually as part of the Regular Agenda. J Consideration and possible action to approve the minutes of the Council Workshop held on Monday, May 12, the Council Meeting held on Tuesday, May 13, and the Special Meeting on Wednesday, May 14, 2008 — Sandra D. Lee, City Secretary K Consideration and possible action to approve a Resolution authorizing the Mayor to execute a Quit Claim Deed abandoning a portion of a 20' Public Utility Easement on Lot 3, Serenade Country Estates Unit One, as shown on the subdivision plat thereof recorded in Cabinet B, Slides 339-345, Plat Records of Williamson County, Texas, and located at the intersection of Williams Drive and Serenada Drive — Tem Glasby Calhoun, Paralegal, GUS and Jim Briggs, Assistant City Manager for Utility Operations L Consideration and possible action regarding a Master Services Agreement with KBR of Austin, Texas for Professional Engineering Services — Thomas R. Benz, P. E., System Engineering Manager, Jim Briggs, ACM for Utility Operations M Consideration and possible action authorizing the purchase of skate park equipment from American Ramp Company in Joplin, Missouri, through the Texas Local Government Purchasing Cooperative in the amount of $33,965.03 — Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: N Discussion and possible action rescinding the Resolution passed by the City Council for the Sierra Ridge Project, as well as discussion and possible action on the funding for the Sierra Ridge Project that was approved — Pat Berryman, Councilmember, District 6 O Consideration and possible action to pass a resolution supporting state legislation mandating specific energy conservation goals be adopted — Kathy Ragsdale, Utility Office Manager and Micki Rundell, Director of Finance & Administration P Consideration and possible action regarding next steps toward implementation of the City's Facilities Plan — Tom Yantis, Assistant City Manager Q Discussion and possible action to appoint two (2) councilmembers to a Committee, along with the City Manager, the Assistant City Manager, the Assistant City Manager of Utility Operations and the Director of Community Services, pursuant to the policy established by the City Council on November 14, 2006, regarding the Naming of City Facilities, Public Park lands and Public Streets — Paul E. Brandenburg, City Manager R Discussion and possible action regarding potential funding options for the installation of ribbon curbs on Berry Creek Drive between Oak Tree Drive and St. Andrews Drive — Paul E. Brandenburg, City Manager S Consideration and possible action to approve a resolution appointing the members of the Board of Directors of the Williams Drive Gateway Tax Increment Reinvestment Zone (TIRZ), the Wolf Ranch TIRZ, and the Downtown Georgetown TIRZ, and selecting a chair of each board to serve until January 1, 2009 — Tom Yantis, Assistant City Manager T Forwarded from the Georgetown Transportation Advisory Board (GTAB) 1. Consideration and possible action to approve a Master Services Agreement with Fugro Consultants, Inc., of Austin, Texas for professional engineering services -- Bill Dryden, Transportation Engineer, Jim Briggs, ACM for Utility Operations �qO 2. Consideration and possible action to approve Task Order No.1 with Fugro Consulting, Inc., pursuant to the `60 terms of the Master Services Agreement, for professional services related to the Pavement Management Data Collection and Evaluation, Capital Improvement Plan Development and Street Cut Permitting �• Policy Development Project for an amount of $149,560.00 — Bill Dryden, Transportation Engineer, Jim Briggs, ACM for Utility Operations 3. Consideration and possible action to approve removal of one 39 -inch heritage live oak tree with replacement of 40 caliper inches of disease resistant trees and shrubs as part of the College Street Bridge Project. — Bill Dryden, Transportation Engineer, Jim Briggs, ACM for Utility Operations U Forwarded from the Georgetown Utility Systems (GUS) Board City Council Agenda/May 27, 2008 Page 2 of 4 Pages Consideration and possible action for the bid award for the purchase of preassembled overhead line two capacitors and controls to KBS Electrical Distributors of Austin, Texas, in the estimated amount of �gQ $62, 044.00 -- Ken Arnold, Energy Services Director, Jim Briggs, ACM for Utility Operations 2. Consideration and possible action to award a contract to Landmark Structures LLP of Fort Worth, Texas for -b the construction of the 1.25 MG Escalera Elevated Storage Tank in the amount of $2,161,000.00 — RO, rya Glenn Dishong, Water Services Director, Jim Briggs, ACM for Utility Operations V Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC) Discussion and possible action to approve a Performance Agreement between the Georgetown Transportation Enhancement Corporation and Texas Outdoor Power Equipment Distributors, Inc. (TOPE) in an amount not to exceed $300,000. (413 Funds) —Mark Thomas, Economic Development Director and Paul E. Brandenburg, General Manager W Forwarded from the Georgetown Economic Development Corporation (GEDCO) Discussion and possible action to approve a Performance Agreement between the Georgetown Economic Development Corporation and Texas Outdoor Power Equipment Distributors, Inc. (TOPE) in an amount not to exceed $160,800. (4A Funds) — Mark Thomas, Economic Development Director and Paul E. Brandenburg, General Manager X Second Readings 1. Second Reading of an ordinance amending the franchise fees relating to ATMOS gas — Micki Rundell, Director of Finance and Administration and Jim Briggs, Assistant City Manager for Utility Operations 2. Second Reading of an Ordinance accepting approximately 2.74 (+/-) acres of land into the Extraterritorial Jurisdiction of the City of Georgetown, consisting of 1 tract of land identified as Gabriel's Overlook Section 1, Lot 5, with Williamson County parcel number R401879, located at 137 Park Place Drive — Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Y Public Hearings and First Readings 1. Public Hearing and First Reading of an Ordinance Rezoning for 0.191 acres in the Lost Addition, Block 66, to be known as The Gilmer Office Building, from TF, Two Family Residential to MU -0T, Mixed Use Downtown, located at 1102 Rock Street Robbie Wyler, Historic District Planner and Elizabeth Cook, Director of Planning and Development 2. Public Hearing and First Reading of an Ordinance Rezoning 72.89 acres in the J. Thompson Survey, to be known as Weir Ranch from AG, Agricultural and RS, Residential Single Family to C-1, Local Commercial and RS, Residential Single -Family, located on RM 2243 west of Riverview Ddve — Cada Benton, Planner II and Elizabeth Cook, Director of Planning and Development 3. Public Hearing and First Reading on an Ordinance of a Rezoning to amend the Development Plan for a PUD, Planning Unit Development District for 104.95 acres in the Clement Stubblefield Survey known as Wolf Ranch Subdivision, Amended Plat of Wolf Ranch Subdivision, Block A, Lots 2 & 8, Resubdivision of Wolf Ranch Subdivision, Block A, Lot 4, Resubdivision of Wolf Ranch Subdivision, Block A, Lot 46, Resubdivision of Wolf Ranch Subdivision, Block A, Lot 4C, Resubdivision of Wolf Ranch Subdivision, Block A, Lots 5, 6 and 9, located in the 1000 Block of W. University Ave. — Cada Benton, Planner II and Elizabeth Cook, Director of Planning and Development Z Appointments 1. Consideration and possible action to appoint a councilmember to replace former Councilmember Farley Snell on the Georgetown Economic Development Corporation (GEDCO) and the Georgetown Transportation Enhancement Corporation (GTEC) — Mayor George G. Garver 2. Consideration and possible action to appoint a replacement to the Zoning Board of Adjustment to replace Dale Ross due to his election as Councilmember -- Mayor George G. Garver Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the day of , 2008, at _ , and remained so posted for at City Council Agenda/May 27, 2008 least 72 continuous hours preceding the scheduled time of said meeting. Sandra Lee, City Secretary Council Meeting: May 27. 2008 Item No. do AGENDA ITEM COVER SHEET SUBJECT Consideration of a Resolution authorizing the Mayor to execute a Quit Claim Deed abandoning a portion of a 20' Public Utility Easement on Lot 3, Serenada Country Estates Unit One, as shown on the subdivision plat thereof recorded in Cabinet B, Slides 339-345, Plat Records of Williamson County, Texas, and located at the intersection of Williams Drive and Serenada Drive. ITEM SUMMARY: All utility providers, including the Assistant City Manager for Utility Operations, or his designee, have reviewed the application and agreed to abandon the subject Public Utility Easement (PUE), as illustrated in Exhibit A attached hereto. The PUE is not currently in use and future public need for the PUE no longer exists. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None fa COMMENTS: None RECOMMENDED MOTION: Staff recommends that the subject PUE be abandoned. If approved by the City Council, the Mayor will be authorized to execute a quitclaim deed and the recordation thereof in the Official Records of Williamson County, Texas, thereby vacating and abandoning the subject PUE. ATTACHMENTS: Proposed Resolution, Proposed Quitclaim Deed, supporting exhibits Submitted By: Terri Glasby Calhoun, Paralegal, GUS • RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED ABANDONING A PORTION OF A 20' PUBLIC UTILITY EASEMENT ON LOT 3, SERENADA COUNTRY ESTATES UNIT ONE, AS SHOWN ON THE SUBDIVISION PLAT THEREOF RECORDED IN CABINET B, SLIDES 339-345, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND LOCATED AT THE INTERSECTION OF WILLIAMS DRIVE AND SERENADA DRIVE. WHEREAS, the City of Georgetown has received a request for the Vacation and Abandonment of a 4,767 square foot portion of a 20' Public Utility Easement on Lot 3, Serenada Country Estates Unit One, as shown on the subdivision plat thereof recorded in Cabinet B, Slides 339-345, Plat Records of Williamson County, Texas, and located at the intersection of Williams Drive and Serenada Drive (the "Property"); said 4,757 square foot portion of the 20' PUE being more fully described by metes and bounds on Exhibit No.1 and by diagram on Exhibit No. 2 attached hereto; and WHEREAS, there are no utilities located or proposed to be located within the Property; WHEREAS, upon considering the request for Vacation and Abandonment and additional information pertaining to the request, the City Council now finds that a public need for the Property no longer exists. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution implements the following policies of the 2030 Comprehensive Plan: Lot 3, Serenada, 20' PUE Abandonment Resolution No. Page 1 of 2 %\ABANDONMENTS\FOES\ PUE ABANDONMENT RES -LOT 3, SERENADA.DOC 4. Effective Governance 4.1 Effective, Responsive Government B. We have created and enforced innovative, effective and fair regulatory codes and development standards to guide and improve development quality. The City Council further finds that the adoption of this resolution is not inconsistent or in conflict with any other 2030 Comprehensive Plan Policies. SECTION 2. The Mayor is hereby authorized to execute a Quit Claim Deed in the form attached hereto as Exhibit No. 3 abandoning the and the City Secretary is authorized to attest thereto on behalf of the City of Georgetown. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this CITY OF GEORGETOWN B7 George G. Garver, Mayor APPROVED AS TO FORM: Patricia E. Carls, City Attorney day of 2008. ATTEST: Sandra D. Lee, City Secretary Lot 3, Serenada, 20' PUE Abandonment Resolution No. X %ABANDONMENTS\PUES\PUE ABANDONMENT RES -LOT 3, SERENADA.DOC Page 2 of 2 EXHIBIT NO. 1 LEGAL DESCRIPTION FOR 4,767 S.F. EASEMENT ABANDONMENT TRACT DESCRIBING 4,767 SQUARE FEET (S.F.) OF LAND SITUATED IN THE DAVID WRIGHT SURVEY, ABSTRACT NO. 13, CITY OF GEORGETOWN, WILLIAMSON COUNTY, TEXAS; SAME BEING A PORTION OF LOT 3, SERENADA COUNTRY ESTATES UNIT ONE, A SUBDIVISION OF RECORD IN CABINET B, SLIDES 339- 345, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.); SAID 4,767 S.F. TRACT BEING A PORTION OF A PUBLIC UTILITY EASEMENT (P.U.E.) TWENTY FEET (20') IN WIDTH AS SHOWN GRAPHICALLY ON SAID PLAT OF SERENADA COUNTRY ESTATES UNIT ONE; SAID 20' P.U.E. HAVING BEEN RELEASED BY PEDERNALES ELECTRIC COOPERATIVE, INC. PER DOCUMENT NO. 2004068464, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), THE LOCATION OF SAID 20' P.U.E. BEING ASSUMED TO BE CENTERED ON THE EXISTING ELECTRIC LINE TO BE REMOVED; SAID 4,767 S.F. TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reference at a'/cinch iron rod found in the southeast line of a utility or road widening easement ten feet (10') in width, adjacent and parallel to the southeast street right-of-way (r.o.w.) line of Serenada Drive (30 feet in width) as shown on said plat of Serenada Country Estates Unit One, at the intersection with the northeast line of a right-of-way easement granted to the State of Texas by instrument of record in Volume 1695, Page 7, Official Records of Williamson County, Texas; thence, N 53°48'33" E, a distance of 99.42 feet to a point in the southwest line of said 20' wide public utility easement, for the POINT OF BEGINNING of the herein described easement abandonment tract; and from said beginning point run the following four (4) courses and distances: THENCE with the southeast line of said utility or road widening easement parallel to Serenada Drive street no.w., for the northwest line of the herein described easement abandonment tract, by course 1 as follows: 1) North 53°48'33" East, a distance of 21.52 feet to a point for corner; THENCE through the interior of said Lot 3 along the northeast line of said 20' public utility easement and the herein described tract by course 2 as follows: 2) South 57'50'16" East, a distance of 234.37 feet to a point for comer; THENCE continuing through the interior of said Lot 3 and crossing the said 20' public utility easement, for the southeast line of the herein described tract by course 3 as follows: 3) South 32°09'44" West, a distance of 20.00 feet to a point for comer; THENCE continuing through the interior of said Lot 3 with the southwest line of the herein described tract by course 4 as follows: 4) North 57'50'16" West, a distance of 242.31 feet to the POINT OF BEGINNING, delineating and encompassing within the metes recited, 4,767 square feet of land, more or less, as computed by The Wallace Group, Inc. in April, 2008. 4-21-08 Vana H. Proffitt, R.P.L.. o. 5779 The Wallace Group, Inc. 1 Chisholm Trail, Suite 130 Round Rock, Texas 78681 Ph. 512-248-0065 Fax 512-246-0359 Bearing Basis: Texas State Plane Grid Coordinates, NAD 83/93 HARK, Central Zone, which is based upon the published positions of the City of Georgetown Control Monuments No. 96-003 and 96-009. EXHIBIT 20' P.U.E. (4,767 S.F.) N0. 2 TO BE ABANDONED ADDITIONAL EASEMENT NO )/ ,' / OWNER: A BLANKET EASEMENT TO / E & J GATING. INC PEDERNALES ELECTRIC P.O. 6G% 871 COOPERATIVE, INC. WAS ) 2 a� / RYE. NH 0387G-0471 y' GRANTED ACROSS THE 300 .oy� 2 VOL. 2613. PG. 544, SLRVE ACRE BOBBY STANTON TRACT y y, n O R W^ 7 T 13 PER INSTRUMENT OP RECORD W + G GH 0 p y �� e r. , 2 p R1 Gq N IN VOL. 550, PG. 595, y A• D.R.W.C.TJAo2i LCT 3 OpV pB<TRA SERENADA COUNTRY ESTATES UNIT ONE CAB. B. SL. 339-345 SERENADA COUNTRY h�A1� =6Q°, e y ' L/ ^ 2/ 4 20' P,U.E. TO BE ABANDONE ESTATES ,�h+.T, '�yv roh h7 �a P.R.W.C.T. 4767 S0. FT. UNIT ONE f0�a,. `'0 o- �.y�^o� Q``" 20' PUE SHOWN ON PLAT LOT 4 Q'R'0 ^T ro OF RECORD IN CAB. B. SL. 339, P.R.W.C.T. . �4. y A�� ASSUMED LOCATION OWNER: ry`Ary' o + = j ' CENTERED ON ELECTRIC LINE) WALBURG STATE BANK,;'/ice p a RELEASED BY PEDERNALES DOC. #199986942, w' 7 / ELECTRIC COOPERATIVE. INC. O.R.W.C.T./�'/ [PER DOC. #2004068464, O.P.R.W.CT 53'48'33' E S 57'50'16" E - 234.37' 21.52' P1�1 �071- IltOO�,O?� N 57'5016 W - 242.31 1#�`" 000 / / WATER LINE EASEMENT J, ti� dy // TO CITY OF GEORGETOWN C'�° / a / FIELD NOTE VOL 695, PG 705, D. R. W. C. T. QO °� POINT OF APPROX. LOCATION RECIPROCAL ACCESS ESMT. / / / BEGINNING DOC 1_2007030049 D = 13-48 1969 W OF.R.W.O T. R = 1969. p 10' ELECTRIC & TELEPHONE L =-474. UTILITY EASEMENT CH - 75. ?o, ro CB= N 56'50'24" ,r TO PEDERNALES ELECTRIC h ((N 51-3845- Al", 1'3845" N 3 h 25' B.L. PE COOPERATIVE, IMG C= 75A _PLAT NOTE DOC #2004066464, O.P.R.W.CT. R_7969.BE N 57'5t04W- 2201.24' hln o 0 N p N 57'57'04" W - 9nq ?s'°i * R L 70.2 = 194! 2C' PVE PER CAD P. RIGHT OF WAY ESMT. o ^ I JE�H.: = 70 TO STATE OF TEXAS w VOL- 1695, PG. 7. moi`- ((N 51'4: FIELD NOTE 0R_W.cT '"-^ c=7D.7c PoINT OF WILLIAMS DRIVE ay 6 R=1949.1 COMMENCING (RM 2338) SMI' WAYNE WU R.O.N. INCLUD/NG AL -z STATE HI R 0 EASEMENTS) 0 COMMIS o RIGHT -OF -I VOL.O R W NOTES: 1.) EASEMENTS SHOWN ARE BASED ON TITLE COMMITMENT BY STEWART TITLE GUARANTY COMPANY FILE NO. 710053, EFFECTIVE DATE 11-21-07, ISSUED 12-3-07. 2.) THIS EXHIBIT DRAWING IS ACCOMPANIED BY A SEPARATE FIELD NOTE DESCRIPTION. 3.) HORIZONTAL DATUM AND BASIS OF BEARINGS ARE BASED ON TEXAS STATE PLANE GRID COORDINATES. NAD 83/93 HARN, CENTRAL ZONE, WHICH IS BASED UPON THE PUBLISHED POSITIONS OF THE CITY OF GEORGETOWN CONTROL MONUMENTS NO. 96-003 & 96-009. 4.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. / r H n � W h O I � Q O h a N h D m j ryn OWNER: 4 _I IKW1K INDUSTRIES INC ry i " v 4725 NALL RD. r rn DALLAS, TX 75244 ;. DOC, #2007030048, 1 /o OPR COU SERENADA COUNTRY o ESTATES 1 y UNIT ONE LOT 2 S 32' 44' W (COMMERCIAL) 20 000' — C-3 /I I /I IRON ROD FO. S 04'10'14" W - 0.22' FROM CALCULATED PT. /n RIGHT OF WA� MT. TOS N STATE OF TEXAS VOL. 1695, PC_ 13, OR W.0 T. m o IN ADDITION TO THE 80' R.O.W., 319" W n0 AN EASEMENT WAS GRANTED FOR W THE USE OF SUCH ADDITIONAL 0�y1 �. R.O.W. AS MAY BE DEEMED IS. El"' NECESSARY BY THE HIGHWAY ENGINEER TO CONSTRUCT AND VAY MAINTAIN ALL INLETS, OUTLETS. N 0 CHANNELS AND DITCHES FOR DEED o DRAINAGE. E LEGEND 0 - 1/2" IRON ROD FOUND (UNLESS OTHERVASE NOTED) Q = TxDOT TYPE II MONUMENT ® - CALCULATED POINT O.P.R.W.C.T. - OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. O.R.W.C.T. = OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. P.R.W.C.T. = PLAT RECORDS OF WILLIAMSON COUNTY. TEXAS The Wallace Group, Inc. 1 Chisholm Trail Suite 130, Round Rock Texas 78681 (512) 248-0065 Engineers ■ Architects ■ Planners ■ Surveyors Waco * Killeen * Dallas * Round Rock I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT YANAH. HHVFFI THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND : 5779 SURVEYS IN THE STATE OF TEXAS. THIS THE, -?SL- DAY OF --, 2008. SURVEYED: 2-18-08 VANA H. PROFFITT, R.P. , , N0, 5779 0 60 120 PLAT NO. RR -A-4277 DRAFT DATE 04-21-2008 DRAWN BY SCALE WORK ORDER NO. 21302 FIELDBOOK/PG, RR -101 TAB # A-4277 ® 2004 ALL RIGHTS RESERVED DIGITAL FILE 21302 -WI ESMT-ASND F/N g 21302-FNO1 EXHIBIT NO.3 [Form of Quitclaim Deed) QUITCLAIM DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DATE: 11: GRANTOR: City of Georgetown, a Texas home -rule municipal corporation GRANTOR'S Mailing Address (including County): P.O. Box 409, Georgetown, Williamson County, Texas 78627 GRANTEE: E & J Cating, Inc. GRANTEE'S Mailing Address (including County): P.O. Box 471, Rye, NH 03870-0471 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING 4,767 square feet of land situated in the David Wright Survey, Abstract No. 13, City of Georgetown, Williamson County, Texas; same being a portion of Lot 3, Serenada Country Estates Unit One, a subdivision of record in Cabinet B, Slides 339-345, Plat Records of Williamson County, Texas; said 4,767 square foot tract being a portion of a Public Utility Easement (PUE) twenty feet (20') in width as shown graphically on said plat of Serenada Country Estates Unit One; said 20' PUE having been released by Pedernales Electric Cooperative, Inc. per Document No. 2004068464, Official Public Records of Williamson County, Texas, the location of said 20' PUE being assumed to be centered on the existing electric line to be removed; said 4,767 square foot tract being more particularly described by metes and bounds on Exhibit No. 1 and by diagram on Exhibit No. 2 attached hereto. For the consideration, GRANTOR quitclaims to GRANTEE all of GRANTOR'S right, title, and interest in and to the above described property, to have and to hold it to GRANTEE, GRANTEE'S successors and assigns, forever. Neither GRANTOR, nor GRANTOR'S successors and assigns, shall have, claim or demand any right or title to the property or any part of it. EXECUTED this the GRANTOR CITY OF GEORGETOWN BY: Gary Nelon, Mayor STATE OF TEXAS COUNTY OF WILLIAMSON day of 2008. ATTEST: Sandra D. Lee, City Secretary ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this date personally Gary Nelon, Mayor of the City of Georgetown, a Texas home -rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said municipality, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _day of NI: Notary Public, State of Texas APPROVED AS TO FORM: Patricia E. Carls, City Attorney AFTER RECORDING, RETURN TO: City Secretary City of Georgetown P.O. Box 409 Georgetown, Texas 78627 EXHIBIT NO. 1 LEGAL DESCRIPTION FOR 4,767 S.F. EASEMENT ABANDONMENT TRACT DESCRIBING 4,767 SQUARE FEET (S.F.) OF LAND SITUATED IN THE DAVID WRIGHT SURVEY, ABSTRACT NO. 13, CITY OF GEORGETOWN, WILLIAMSON COUNTY, TEXAS; SAME BEING A PORTION OF LOT 3, SERENADA COUNTRY ESTATES UNIT ONE, A SUBDIVISION OF RECORD IN CABINET B, SLIDES 339- 345, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.); SAID 4,767 S.F. TRACT BEING A PORTION OF A PUBLIC UTILITY EASEMENT (P.U.E.) TWENTY FEET (20') IN WIDTH AS SHOWN GRAPHICALLY ON SAID PLAT OF SERENADA COUNTRY ESTATES UNIT ONE; SAID 20' P.U.E. HAVING BEEN RELEASED BY PEDERNALES ELECTRIC COOPERATIVE, INC. PER DOCUMENT NO. 2004068464, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), THE LOCATION OF SAID 20' P.U.E. BEING ASSUMED TO BE CENTERED ON THE EXISTING ELECTRIC LINE TO BE REMOVED; SAID 4,767 S.F. TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reference at a %2 -inch iron rod found in the southeast line of a utility or road widening easement ten feet (10') in width, adjacent and parallel to the southeast street right-of-way (r.o.w.) line of Serenada Drive (30 feet in width) as shown on said plat of Serenada Country Estates Unit One, at the intersection with the northeast line of a right-of-way easement granted to the State of Texas by instrument of record in Volume 1695, Page 7, Official Records of Williamson County, Texas; thence, N 53°48'33" E, a distance of 99.42 feet to a point in the southwest line of said 20' wide public utility easement, for the POINT OF BEGINNING of the herein described easement abandonment tract; and from said beginning point run the following four (4) courses and distances: THENCE with the southeast line of said utility or road widening easement parallel to Serenada Drive street no.w., for the northwest line of the herein described easement abandonment tract, by course 1 as follows: 1) North 53°48'33" East, a distance of 21.52 feet to a point for comer; THENCE through the interior of said Lot 3 along the northeast line of said 20' public utility easement and the herein described tract by course 2 as follows: 2) South 57°50' 16" East, a distance of 234.37 feet to a point for comer; THENCE continuing through the interior of said Lot 3 and crossing the said 20' public utility easement, for the southeast line of the herein described tract by course 3 as follows: 3) South 32°09'44" West, a distance of 20.00 feet to a point for corner; THENCE continuing through the interior of said Lot 3 with the southwest line of the herein described tract by course 4 as follows: 4) North 57'50'16" West, a distance of 242.31 feet to the POINT OF BEGINNING, delineating and encompassing within the metes recited, 4,767 square feet of land, more or less, as computed by The Wallace Group, Inc. in April, 2008. 0 F TF 4-21-08 '. ,srE`y Vana H. Proffitt, R.P.L.. o. 5779 !k* o f .:............I............... The Wallace Group, Inc. VANA H. PROFF.T 1 Chisholm Trail, Suite 130; 5779 r < Round Rock, Texas 78681 >,'1;•O..Esse%�C Ph. 512-248-0065 0 SUA`t� Fax 512-246-0359 Bearing Basis: Texas State Plane Grid Coordinates, NAD 83/93 HARN, Central Zone, which is based upon the published positions of the City of Georgetown Control Monuments No. 96-003 and 96-009. EXHIBIT 20' P.U.E. (4,767 S.F, N0. 2 TO BE ABANDONED / / OWNER. E & J GATING, INC. A, P.0 BOX471 038 � °oro p RYE. NH G0 54 Y A 2 VOL 2613.3. PG. PC. 544,, E SD EV N A $ ,� O. R.WC. i. T 13 /Apyy�•v�' c �W 4e wRIG T NO LCT 3 -TF L pu;ti SERENADA COUNTRY OpV B✓ p ESTATES UNIT ONE SERENADA COUNTRY ¢¢m 0 ON?7A� ��/7q` CAB. B, SL. 339-345 ESTATES%1¢4b¢�lyH h"'o��a�j a. P. R. W. C. T. 20' P.U.E. TO BE ABAN[ 4767 50. FT. UNIT ONE 4 i G7�o'A`¢ m oo u 20' PUE SHOWN ON PLAT LOT 4 �i„ YAQ ¢ h =¢ o OF RECORD IN CAB. 8. SL 339, P.R.W.C.T_ y`°! 0 (ASSUMED LOCATION OWNER: iV .o ! u ? am h CENTERED ON ELECTRIC LINE) WALBURG STATE BANK ,;'?y �e a �, RELEASED BY PEDERNALES DOG 8199986942, hg / ELECTRIC COOPERATIVE, INC. O.R.W_C. T. 2 �- PER DOC y2004068464, O. P.R.W.C.T 53'1.52'48'3 E S 57'50'16' E - 234.37' "o 21.52' �i Y1Pp�O�. y1G. � TY SO ,O(1� � N t,/-5015 W - 242.31 WATER LINE EASEMENT-! TO CITY OF GEORGETOWN— c•ye FIELD NOTE VOL 695. PC. 305. D.R.W.C.T o APPROX. LOCATION Q a° POINT OF RECIPROCAL ACCESS E7RR� -[ BEGINNING Doc �2007o3ooa9}'48'45" A, 0. .0070R.W.C.T.0969.86'10' ELECTRIC & TELEPHONE 475.52'UTLITYEASEMENTCB'24' W'TO PEOERN'LES ELECTRIC IN N h 25' B.L. PE COOPERATIVE, INC ((N 51C=75^92' 31\w / _PIAT NOTE DOC 82004068464, O.P. R. W. C. T. _ R_1969.86')) O ? — "1 -� N 57'52 TAI 2201.24— h h n o h L _ N 7'2'04 W - m /N FIELD NOTE POINT OF COMMENCING 0' RUE PER CAB. B. SL 339. P R. W T WILLIAMS DR/YE (RM. 2398) (120' ROW IAVLVDIR R O. W. EASEMENTS) RIGHT OF WAY ESMT, TO STATE OF TEXAS VOL. 1695. PG. 7. O.R. W.C.T - < oR 1949.86' L = 70.23' ^w� CH = 70.23' CB= N 5654 in^h ((N 41" c=700 70'.70' WAYNE ANE W.86')) L TO ! r� STATE HIGHW o COMMISSIOI, RIGHT-OF-WAY VOL. 416. PG. NOTES: 1.) EASEMENTS SHOWN ARE BASED ON TIRE COMMITMENT BY STEWART TITLE GUARANTY COMPANY FRE NO. 710053, EFFECTIVE DATE 11-21-07, ISSUED 12-3-07. 2.) THIS EXHIBIT DRAWING IS ACCOMPANIED BY A SEPARATE FIELD NOTE DESCRIPTION, 3.) HORIZONTAL DATUM AND BASIS OF BEARINGS ARE BASED ON TEXAS STATE PLANE GRID COORDINATES, NAD 83/93 HARN, CENTRAL ZONE. WHICH IS BASED UPON THE PUBUSHED POSITIONS OF THE CITY OF GEORGETOWN CONTROL MONUMENTS NO. 96-003 & 96-009. 4.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. The Wallace Group, Inc. 1 Chisholm Trail Suite 130, Round Rock Texas 78681 (512) 248-0065 Engineers ■ Architects ■ (Tanners It Surveyors Waco * Killeen * Dallas * Round Rock W F/ 0 2 2 3 c e/Q Q N a 2 y n Bryn OWNER: r KW1K INDUSTRIES INC r� o Zia 4725 NALL RD. rq DALLAS. TX 75244 DOC. X2007030048, 1 toOPR SERENUNN TRY EST COUNTRY V ESTATES I0 UNIT ONE LOT S 32'0 44" W (COMMERCIAL) 20 0' — C-3 I' 4 -} IRON ROD FD. S 04'10'14" W - 0.22' FROM CALCULATED PT. RIGHT O—ESMT. TO — STATE G. STA P OF TEXAS I. T. W; o IN ADDITION TO THE 80' R.O.W.. n AN EASEMENT WAS GRANTED FOR THE USE OF SUCH ADDITIONAL �- R.O.W. AS MAY BE DEEMED Xl a NECESSARY BY THE HIGHWAY ENGINEER TO CONSTRUCT AND MAINTAIN ALL INLETS. OUTLETS, o CHANNELS AND DITCHES FOR 1 DRAINAGE. - D 1/2" IRON ROD FOUND (UNLESS OTHERWISE NOTED) = TxDOT TYPE II MONUMENT = CALCULATED POINT O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. O.R.W.C. T. = OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. P.R.W.C.T. = PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS NOTES: 1.) EASEMENTS SHOWN ARE BASED ON TIRE COMMITMENT BY STEWART TITLE GUARANTY COMPANY FRE NO. 710053, EFFECTIVE DATE 11-21-07, ISSUED 12-3-07. 2.) THIS EXHIBIT DRAWING IS ACCOMPANIED BY A SEPARATE FIELD NOTE DESCRIPTION, 3.) HORIZONTAL DATUM AND BASIS OF BEARINGS ARE BASED ON TEXAS STATE PLANE GRID COORDINATES, NAD 83/93 HARN, CENTRAL ZONE. WHICH IS BASED UPON THE PUBUSHED POSITIONS OF THE CITY OF GEORGETOWN CONTROL MONUMENTS NO. 96-003 & 96-009. 4.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. The Wallace Group, Inc. 1 Chisholm Trail Suite 130, Round Rock Texas 78681 (512) 248-0065 Engineers ■ Architects ■ (Tanners It Surveyors Waco * Killeen * Dallas * Round Rock W F/ 0 2 2 3 c e/Q Q N a 2 y n Bryn OWNER: r KW1K INDUSTRIES INC r� o Zia 4725 NALL RD. rq DALLAS. TX 75244 DOC. X2007030048, 1 toOPR SERENUNN TRY EST COUNTRY V ESTATES I0 UNIT ONE LOT S 32'0 44" W (COMMERCIAL) 20 0' — C-3 I' 4 -} IRON ROD FD. S 04'10'14" W - 0.22' FROM CALCULATED PT. RIGHT O—ESMT. TO — STATE G. STA P OF TEXAS I. T. W; o IN ADDITION TO THE 80' R.O.W.. n AN EASEMENT WAS GRANTED FOR THE USE OF SUCH ADDITIONAL �- R.O.W. AS MAY BE DEEMED Xl a NECESSARY BY THE HIGHWAY ENGINEER TO CONSTRUCT AND MAINTAIN ALL INLETS. OUTLETS, o CHANNELS AND DITCHES FOR 1 DRAINAGE. - LEGEND 1/2" IRON ROD FOUND (UNLESS OTHERWISE NOTED) = TxDOT TYPE II MONUMENT = CALCULATED POINT O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. O.R.W.C. T. = OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. P.R.W.C.T. = PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND SURVEYS IN THE STATE OF TEXAS, THIS THEgS.T _ DAY OF19p�211,`2008. SURVEYED: 2-18-08 VANA H. PROFFITT, R.P.009. N0. 5779 0 60 120 PLAT NO.RRRR� DRAFT DATE 04-21-2008 SCALE WORK ORDER NO. 21302 FIELDBOOK/PG. RR -101 ® 2004 ALL RIGHTS RESERVED DIGITAL FILE 21302 -WL FSMT-ASND F/N N - DRAWN BY KH TAB # A-42771 QUITCLAIM DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DATE: wo GRANTOR: City of Georgetown, a Texas home -rule municipal corporation GRANTOR'S Mailing Address (including County): P.O. Box 409, Georgetown, Williamson County, Texas 78627 GRANTEE: E & J Cating, Inc. GRANTEE'S Mailing Address (including County): P.O. Box 471, Rye, NH 03870-0471 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING 4,767 square feet of land situated in the David Wright Survey, Abstract No. 13, City of Georgetown, Williamson County, Texas; same being a portion of Lot 3, Serenada Country Estates Unit One, a subdivision of record in Cabinet B, Slides 339-345, Plat Records of Williamson County, Texas; said 4,767 square foot tract being a portion of a Public Utility Easement (PUE) twenty feet (20') in width as shown graphically on said plat of Serenada Country Estates Unit One; said 20' PUE having been released by Pedernales Electric Cooperative, Inc. per Document No. 2004068464, Official Public Records of Williamson County, Texas, the location of said 20' PUE being assumed to be centered on the existing electric line to be removed; said 4,767 square foot tract being more particularly described by metes and bounds on Exhibit No. i and by diagram on Exhibit No. 2 attached hereto. For the consideration, GRANTOR quitclaims to GRANTEE all of GRANTOR'S right, title, and interest in and to the above described property, to have and to hold it to GRANTEE, GRANTEE'S successors and assigns, forever. Neither GRANTOR, nor GRANTOR'S successors and assigns, shall have, claim or demand any right or title to the property or any part of it. EXECUTED this the GRANTOR CITY OF GEORGETOWN BY: George G. Garver, Mayor STATE OF TEXAS COUNTY OF WILLIAMSON day of F ATTEST: Sandra D. Lee, City Secretary ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this date personally George G. Garver, Mayor of the City of Georgetown, a Texas home -rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said municipality, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _day of Notary Public, State of Texas APPROVED AS TO FORM: Patricia E. Carls, City Attorney AFTER RECORDING, RETURN TO: City Secretary City of Georgetown P.O. Box 409 Georgetown, Texas 78627 EXHIBIT NO. 1 LEGAL DESCRIPTION FOR 4,767 S.F. EASEMENT ABANDONMENT TRACT DESCRIBING 4,767 SQUARE FEET (S.F.) OF LAND SITUATED IN THE DAVID WRIGHT SURVEY, ABSTRACT NO. 13, CITY OF GEORGETOWN, WILLIAMSON COUNTY, TEXAS; SAME BEING A PORTION OF LOT 3, SERENADA COUNTRY ESTATES UNIT ONE, A SUBDIVISION OF RECORD IN CABINET B, SLIDES 339- 345, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.); SAID 4,767 S.F. TRACT BEING A PORTION OF A PUBLIC UTILITY EASEMENT (P.U.E.) TWENTY FEET (20') IN WIDTH AS SHOWN GRAPHICALLY ON SAID PLAT OF SERENADA COUNTRY ESTATES UNIT ONE; SAID 20' P.U.E. HAVING BEEN RELEASED BY PEDERNALES ELECTRIC COOPERATIVE, INC. PER DOCUMENT NO. 2004068464, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), THE LOCATION OF SAID 20' P.U.E. BEING ASSUMED TO BE CENTERED ON THE EXISTING ELECTRIC LINE TO BE REMOVED; SAID 4,767 S.F. TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reference at a %:-inch iron rod found in the southeast line of a utility or road widening easement ten feet (10') in width, adjacent and parallel to the southeast street right-of-way (r.o.w.) line of Serenada Drive (30 feet in width) as shown on said plat of Serenada Country Estates Unit One, at the intersection with the northeast line of a right-of-way easement granted to the State of Texas by instrument of record in Volume 1695, Page 7, Official Records of Williamson County, Texas; thence, N 53048'33" E, a distance of 99.42 feet to a point in the southwest line of said 20' wide public utility easement, for the POINT OF BEGINNING of the herein described easement abandonment tract; and from said beginning point run the following four (4) courses and distances: THENCE with the southeast line of said utility or road widening easement parallel to Serenada Drive street r.o.w., for the northwest line of the herein described easement abandonment tract, by course 1 as follows: 1) North 53°48'33" East, a distance of 21.52 feet to a point for corner; THENCE through the interior of said Lot 3 along the northeast line of said 20' public utility easement and the herein described tract by course 2 as follows: 2) South 57'50'16" East, a distance of 234.37 feet to a point for corner; THENCE continuing through the interior of said Lot 3 and crossing the said 20' public utility easement, for the southeast line of the herein described tract by course 3 as follows: 3) South 32°09'44" West, a distance of 20.00 feet to a point for comer; THENCE continuing through the interior of said Lot 3 with the southwest line of the herein described tract by course 4 as follows: 4) North 57'50'16" West, a distance of 242.31 feet to the POINT OF BEGINNING, delineating and encompassing within the metes recited, 4,767 square feet of land, more or less, as computed by The Wallace Group, Inc. in April, 2008. Whti ov U `""- t7llw 4-21-08 Vana H. Proffitt, R.P.L.. o. 5779 The Wallace Group, Inc. 1 Chisholm Trail, Suite 130 Round Rock, Texas 78681 Ph. 512-248-0065 Fax 512-246-0359 Bearing Basis: Texas State Plane Grid Coordinates, NAD 83/93 HARN, Central Zone, which is based upon the published positions of the City of Georgetown Control Monuments No. 96-003 and 96-009. EXHIBIT N0. 2 20' P. U. E. (4,767 S.F.) TO BE ABANDONED ADDITIONAL EASEMENT NOTE: / / / / OWNER' A BLANKET EASEMENT TO / E & J GATING. INC PEDERNALES ELECTRIC % P.O. BOX 471 COOPERATIVE. INC. WAS 4. Q6 / RYE, NH 03870-0471 gY GRANTED ACROSS THE 300 / a�� 2 VOL. 2613, PG. 544. ACRE BOBBY STANTON TRACT ry A 4, . 0 R 5V C T '( 13 PER INSTRUMENT OF RECORD /T 41 �� 4 c (GR �0 IN VOL. 550. PG. 595, A <SMJA` N<C. m .�SW a 10 W RACT D.R.W.0-T. Q�4,. 24 ,� �,� LCT 3 OpVpBcT Oa o °�"� z c`" SERENADA COUNTRY R O ESTATES UNIT ONE CAB. B, SL. 339-345 SERENADA COUNTRY TES .., yr�,/ Q 20' P.U.E. TC «,, ^� N J P. R. W. C. T. UNIT AONE , /� ��p 5 "] .o ti4 �Q. 4761 m o 20' PUE SHOWN ON PLAT LOT 4 "/c, �YAE"°N200 a a OF RECORD IN CAB. D. SL. 339, P.R.W.C.T. (ASSUMED LOCATION OWNER: 3= Dm - CENTERED ON ELECTRIC LINE) WALBURG STATE BANK;,`? m < a h RELEASED BY PEDERNALES DOC. #199986942, h2 / ELECTRIC COOPERATIVE. INC O.R.W,CT. Z PER DOC. #2004068464, O.P.R.W.C.T 1 53'48'33] E S 57'50'16" E - 234.37' 21.52'' 11P pti Off, �(, Aye A �I F/ELD NOTE PO/NT OF COMMENC/NC BEGINNING Doc #z7 049 c = 13.69' W 0. RW.GT .. T. R = 1969. 1 10' ELECTRIC & TELEPHONE L = 474- UTILITY EASEMENT SH = ]5 TO PEDERNALES ELECTRIC C6= N •,650'24" 25' B.L PER COOPERATIVE, WC ((N S'3E45" PLAT NOTE DOC #2004068464. 0 P R W C T 969 58E. - ft=1969.8E T N 57'52 5-4 w'- 2Ot.24- 7-1 JIT, 0' PUE PER CAB. B. SL. 339. P R.W.0 T WILUAMS DRIVE (R M. 2398) (120' RO.W INCLUDING RO.W. EASEMENTS) RIGHT OF WAY ESMT TO STATE OF TEXAS VOL. 1695. PG. 7, O R.W.C.T 0 + R = 0 o L = GH = Ce - ((N v'n n -7C a Flo R=19 WAYNE Fz STATE o RIGHT -C I VOL 4 NOTES: 1.) EASEMENTS SHOWN ARE BASED ON TITLE COMMITMENT BY STEWART TITLE GUARANTY COMPANY FILE NO. 710053, EFFECTIVE DATE 11-21-07, ISSUED 12-3-07. 2.) THIS EXHIBIT DRAWING IS ACCOMPANIED BY A SEPARATE FIELD NOTE DESCRIPTION. 3.) HORIZONTAL DATUM AND BASIS OF BEARINGS ARE BASED ON TEXAS STATE PLANE GRID COORDINATES, NAD 83/93 HARN, CENTRAL ZONE, WHICH IS BASED UPON THE PUBLISHED POSITIONS OF THE CITY OF GEORGETOWN CONTROL MONUMENTS NO. 96-003 & 96-009. 4.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. S JV 10 . - L9L.J1 DRAWN BY WATER LME EASEMENT— FIELDBOOK/PG. RR -101 TO CITY OF GEORGETOWN / FIELD NOTE POINT OF VOL. 695. PG. 306. D.R.W.CT. APPROX. LOCATION— RECIPROCAL ACCESS ESMT BEGINNING Doc #z7 049 c = 13.69' W 0. RW.GT .. T. R = 1969. 1 10' ELECTRIC & TELEPHONE L = 474- UTILITY EASEMENT SH = ]5 TO PEDERNALES ELECTRIC C6= N •,650'24" 25' B.L PER COOPERATIVE, WC ((N S'3E45" PLAT NOTE DOC #2004068464. 0 P R W C T 969 58E. - ft=1969.8E T N 57'52 5-4 w'- 2Ot.24- 7-1 JIT, 0' PUE PER CAB. B. SL. 339. P R.W.0 T WILUAMS DRIVE (R M. 2398) (120' RO.W INCLUDING RO.W. EASEMENTS) RIGHT OF WAY ESMT TO STATE OF TEXAS VOL. 1695. PG. 7, O R.W.C.T 0 + R = 0 o L = GH = Ce - ((N v'n n -7C a Flo R=19 WAYNE Fz STATE o RIGHT -C I VOL 4 NOTES: 1.) EASEMENTS SHOWN ARE BASED ON TITLE COMMITMENT BY STEWART TITLE GUARANTY COMPANY FILE NO. 710053, EFFECTIVE DATE 11-21-07, ISSUED 12-3-07. 2.) THIS EXHIBIT DRAWING IS ACCOMPANIED BY A SEPARATE FIELD NOTE DESCRIPTION. 3.) HORIZONTAL DATUM AND BASIS OF BEARINGS ARE BASED ON TEXAS STATE PLANE GRID COORDINATES, NAD 83/93 HARN, CENTRAL ZONE, WHICH IS BASED UPON THE PUBLISHED POSITIONS OF THE CITY OF GEORGETOWN CONTROL MONUMENTS NO. 96-003 & 96-009. 4.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. S l .F) 'RON ROD FD, S 341014" W - 0.22' FROM CALCULATED PT. RIGHT OF WAY ESMT. TO— VOSrATE OF TEXAS L_1695• PC 1_3�_T_ 4'T9" W o IN ADDITION TO THE 80' R.O.W., Wn AN EASEMENT WAS GRANTED FOR THE USE OF SUCH ADDITIONAL O �. R.0 W. AS MAY BE DEEMED w5. E{X7 o NECESSARY BY THE HIGHWAY ENGINEER TO CONSTRUCT AND NAY F MAINTAIN ALL INLETS, OUTLETS, UNI o CHANNELS AND DITCHES FOR )E x DRAINAGE. 57 LEGEND = 1/2" IRON ROD FOUND (UNLESS OTHERWISE NOTED) = TXDOT TYPE 11 MONUMENT ® CALCULATED POINT O.P.R.W.C.T. - OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. O.R.W.C.T. = OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. P.R.W.C.T. = PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS T The Wallace Group, Inc. of 1 Chisholm Trail Suite 130, Round Rock Texas 78681 (512) 248-0065 Engineers ■ Architects ■ Planners ■ Surveyors P .o1*e, 11Waco * Killeen * Dallas * Round Rock 4` I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT .NA H :PRI THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND ^ 5779 SURVEYS IN THE STATE OF TEXAS. THIS THE --2,-15L- - DAY OF APl2 -----, 2008. '1 .0" 1 ' . ew SURVEYED: 2-18-08 VANA H. PROFFITT, R.P.W. N0. 5779 0 60 120 PLAT NO. RR -A-4277 DRAFT DATE 04-21-200A DRAWN BY 2 FIELDBOOK/PG. RR -101 TAB # A-4277 a a 21302-FNOI J 4 OWNER: .: INDUSTRIES INCI ry/ <725 NALL RD. DALLAS, TX 75244 3 DOC. #2007030048, O.P R.W.C.T. SERENADA COUNTRY c 1 H ESTATES UNIT ONE LOT 2 32 44" W (COMMERCIAL) 420 0' C-3 l .F) 'RON ROD FD, S 341014" W - 0.22' FROM CALCULATED PT. RIGHT OF WAY ESMT. TO— VOSrATE OF TEXAS L_1695• PC 1_3�_T_ 4'T9" W o IN ADDITION TO THE 80' R.O.W., Wn AN EASEMENT WAS GRANTED FOR THE USE OF SUCH ADDITIONAL O �. R.0 W. AS MAY BE DEEMED w5. E{X7 o NECESSARY BY THE HIGHWAY ENGINEER TO CONSTRUCT AND NAY F MAINTAIN ALL INLETS, OUTLETS, UNI o CHANNELS AND DITCHES FOR )E x DRAINAGE. 57 LEGEND = 1/2" IRON ROD FOUND (UNLESS OTHERWISE NOTED) = TXDOT TYPE 11 MONUMENT ® CALCULATED POINT O.P.R.W.C.T. - OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. O.R.W.C.T. = OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. P.R.W.C.T. = PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS T The Wallace Group, Inc. of 1 Chisholm Trail Suite 130, Round Rock Texas 78681 (512) 248-0065 Engineers ■ Architects ■ Planners ■ Surveyors P .o1*e, 11Waco * Killeen * Dallas * Round Rock 4` I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT .NA H :PRI THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND ^ 5779 SURVEYS IN THE STATE OF TEXAS. THIS THE --2,-15L- - DAY OF APl2 -----, 2008. '1 .0" 1 ' . ew SURVEYED: 2-18-08 VANA H. PROFFITT, R.P.W. N0. 5779 0 60 120 PLAT NO. RR -A-4277 DRAFT DATE 04-21-200A DRAWN BY SCALE WORK ORDER NO. 11302 FIELDBOOK/PG. RR -101 TAB # A-4277 0 2004 ALL RIGHTS RESERVED DIGITAL FILE 21302 -WL ESMT-ASND F/N # 21302-FNOI 320 �\+E S Exhibit A o� QP Ease �B7 rr0 be,�d nao�e a S� R Serenada Country Estates, Unit 1, Lot 3 (Property and Boundary Lines are Approximate) 320 Feet Council meeting date: May 27, 2008 AGENDA ITEM COVER SHEET Item No. �1, SUBJECT: Consideration and possible action regarding a Master Services Agreement with Kellogg Brown & Root Services, Inc. (KBR) of Houston, Texas for professional engineering services. ITEM SUMMARY: Currently, KBR is doing the engineering work for Williamson County on FM 2338, they are capable of providing engineering services for many types of infrastructure improvements including transportation and utilities. The City staff received and reviewed qualifications of KBR and they are qualified to perform a variety of professional service to the City of Georgetown. Attached for your review and consideration is a Master Services Agreement (MSA) with KBR. The MSA contains the basic terms governing the relationship between the City and the engineer. The MSA would have a term of one year, renewable for up to four additional terms. During the contract term, the City could issue Task Orders to the engineering firm for specific projects. The Task Orders would contain all of the details that would be specific to a certain project — e.g., scope, schedule, cost, etc. Task Orders would be approved by the authorized City representative(s) in accordance with the City's purchasing policy — which currently requires that all professional services contracts for $15,000 or greater be approved by the City Council. Approval of the MSA is not a guarantee of work, but approval of the MSA allows for Task Orders to be issued in an expeditious way that will allow for efficient project management. STAFF RECOMMENDATION: Staff recommends approval of the Master Services Agreement with KBR of Houston, Texas ATTACHMENTS: Master Service Agreement with KBR. Submitted by: Thomas R. Benz, P.E. �i Jim Briggs, Systems Engineering Manager Assistant City Manager for Utility Operations PROFESSIONAL SERVICES CONTRACT • MASTER SERVICES AGREEMENT ENGINEERING SERVICES This is a Professional Services Contract ("Contract") between the City of Georgetown, Texas (the "CITY") and Kellogg Brown & Root Services, Inc., a Delaware Corporation, located at 4100 Clinton Dr., Houston, Texas 77020. ("Professional"), collectively referred to as the "Parties" or individually as a "Party", made for and in consideration of the payment terms and performance obligations herein described. WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Engineering Services Procurement Act" provides for procurement by municipalities of services of professional engineers; and WHEREAS, City and Professional desire to contract for such professional engineering services; and WHEREAS, City and Professional wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, for and in consideration of the mutual promises contained herein and other good and valuable consideration, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: ARTICLE 1. SERVICES TO BE PROVIDED 40 (a) Professional shall provide professional services (the "Services") to CITY under individual assignments ("Task Order(s)") in the general format shown in Attachment A to the Agreement. The Services that Professional may be requested to perform include professional engineering services such as civil engineering site services, utility line design, drainage calculations and design, street design, and related surveying, GIS mapping, investigations, studies, reports, reviews, designs, and consultations. CITY will provide a written Task Order, including a written scope of work ("Scope of Work") describing the particular tasks to be performed, to Professional for the particular task and a specific price or a formula by which the price can be determined. No Services are authorized unless authorized representatives of both Parties sign such a Task Order. This Contract does not guarantee a minimum amount Professional will be paid or a minimum number of Task Orders. (b) Notwithstanding anything to the contrary contained in this Contract, CITY and Professional agree and acknowledge that CITY is entering into this Contract in reliance on Professional's special and unique abilities with respect to performing the Services. Professional represents that there are no undisclosed obligations, commitments or impediments of any kind that will or could taint, limit or prevent performance of the Services. (c) Changes in Services. CITY may request additional Services or changes in the Services as the project progresses. If so, changes in the Scope of Work shall be initiated by a written change order ("Change Order") signed by an authorized representative of each Party. The Change Order shall describe the Services to be added, changed or deleted and shall state the additional cost or cost reduction and schedule changes, if any. Verbal Change Orders shall have no effect, except in cases of an emergency threatening personal injury or property damage. The terms and conditions of this Contract may be modified only by a written amendment signed by an authorized representative of each Party. 40 Master Services Agreement — Engineering Kellogg Brown & Root Services, Inc. Page 1 Version 5.19.2008 (d) Effect of Expiration on Task Orders. Upon expiration or earlier termination of this Contract, these terms and conditions shall continue in full force and effect with respect to any Task Order awarded under this Contract that has not been completed or otherwise terminated. ARTICLE 2. CONTRACT DOCUMENTS (a) General Definition. In order of precedence, this Contract shall consist of the following documents ("Contract Documents"): (1) All written Change Orders executed after the effective date of this Contract by an authorized representative of each Party; (2) Each Task Order executed pursuant to this Contract by an authorized representative of both Parties; (3) The Scope of Work attached to each Task Order; (4) This Contract; and (5) Any other documents specifically identified as Contract Documents. (b) Exclusion from Contract Documents. No terms and conditions submitted by Professional in connection with any proposal or proposed Task Order that conflict with the terms and conditions contained in this Contract will be considered part of the Contract Documents unless expressly accepted in writing by the CITY. ARTICLE 3. TERM This Contract is for a one (1) year period, with an option to extend for four (4) consecutive one (1) year periods, not to exceed a maximum of five (5) years. The primary term begins upon execution of this Contract by an authorized representative of the CITY. This Contract will be deemed to extend beyond its 40 expiration or termination date with respect to any Task Order being performed under it at that time, unless the Task Order is also terminated. ARTICLE 4. SCHEDULE Time shall be of the essence for performance under this Contract Professional agrees to perform all obligations and render the Services set forth in this Contract or any Task Order issued pursuant hereto in accordance with any timelines included in the Scope of Work, except as the Parties may otherwise mutually agree to in writing. If required by the Scope of Work, a specific Services progress schedule will be developed for each individual task in compliance with the Scope of Work. ARTICLE 5. PRICE The price to be paid for Services under any Task Order shall be a not to exceed price as agreed in a particular Task Order. ARTICLE 6. PAYMENT (a) Notwithstanding anything in this Contract to the contrary, all payments to be made by the CITY hereunder are subject to Ch. 2251 of the Texas Government Code, popularly known as the Prompt Payment Act. Payment in full for invoices shall be due within thirty (30) days from date the invoice is received by CITY. Invoices paid more than thirty (30) days after the invoice is received are subject to a late charge of 1% per month (12% APR) on the amount of the undisputed past due balance. (b) Invoices for payment under this Contract shall be sent to: 46 Master Services Agreement — Engineering Kellogg Brown & Root Services, Inc. Page 2 Version 5.19.2008 • City of Georgetown Attn: Accounts Payable P.O. Box 409 Georgetown, Texas 78626 CITY's purchase order numbers shall be included prominently on each invoice. Payments may be based on completion of the Services, fulfillment of milestones, progress payments or any other method that is established in the agreed Task Order. In no event shall Professional invoice CITY more than once a month. (c) No invoice shall be considered complete or payable unless all documentation is submitted with invoice supporting reimbursable and CITY approved expenses, such as time sheets, transportation, lodging and meal expenses. Alcohol and entertainment expenses are not reimbursable. ARTICLE 7. ACCEPTANCE OF THE SERVICES When Professional can demonstrate that the Services are complete in accordance with the acceptance criteria included in the Task Order and so notifies CITY, CITY shall review the Services for general compliance with the Contract. If the Services appear to comply with the Contract requirements, and Professional has finished any required documentation, CITY shall notify Professional in writing of CrfY's acceptance of the services ("Acceptance of the Services"). Acceptance of the Services shall not limit nor diminish Professional's warranties and standards with respect to the Services. ARTICLE 8. JOBSITE INSPECTION If applicable to the Services and required by the CITY, Professional's representatives shall inspect the jobsite and clearly understand the requirements and risks of the Services to be performed, the jobsite conditions, traffic conditions, the proximity of high-voltage power lines, buried utilities, biological hazards and other local conditions likely to affect Professional's performance before accepting any Task Order. Acceptance of a Task Order shall constitute the Professional's certification that it has by inspection satisfied itself with respect to all such local conditions and is willing to accept all risks they impose. ARTICLE 9. INDEPENDENT CONTRACTOR Professional shall perform in all respects as an independent contractor and not as an employee, partner, joint venturer or agent of the CITY. The Services to be performed by Professional shall be subject to the CITY's review, approval and acceptance as provided in the Contract Documents, but the detailed manner and method of performance shall be under the control of Professional. The accuracy, completeness and scheduling of the Services and the application of proper means and methods for performance of the Services are entirely the responsibility of Professional. Professional shall be solely responsible for hiring, supervising and paying its employees, subcontractors and suppliers. Professional shall be solely responsible for payment of all (i) compensation, including any employment benefits, to its employees, (ii) taxes, including withholding for federal income tax purposes, employment and unemployment taxes, and (iii) such other expenses as may be owed to Professional's employees. However, because Professional 's Services may be associated in the minds of the public with CITY, Professional shall ensure that all Services by its employees, subcontractors and agents are performed in an orderly, responsible and courteous manner. Upon prior notification to and written approval of CITY, Professional may hire subcontractors to perform Services hereunder. Professional shall be responsible to CITY for the performance of all such subcontractors. The CITY reserves the right, in its sole discretion, to reject the employment by Professional of any sosubcontractor to which CITY has a reasonable objection. Professional, however, shall not be required to Master Services Agreement — Engineering Kellogg Brown & Root Services, Inc. Page 3 Version 5.19.2008 contract with any subcontractor to which it has a reasonable objection. CITY shall require any and all such subcontractors to sign contracts with Professional that bind the subcontractors to perform their subcontracts in accordance with the applicable requirements of the Contract Documents. Upon the request of CITY, Professional shall famish CITY with copies of such subcontracts. In addition, Professional agrees that it is Professional's responsibility to ensure that such subcontractors make all appropriate tax payments or tax withholding in relation to subcontractor's employees providing Services to CITY through Professional under this Contract Professional represents that it and its subcontractors are fully trained to perform the tasks required by this Contract and that they need no training by the CITY. ARTICLE 10. DESIGNATED PROJECT REPRESENTATIVES (a) City's Designated Representative. The City's Designated Representative for purposes of this Contract shall be designated on each Task Order. The City's Designated Representative shall coordinate all meetings and be authorized to act on City's behalf with respect to the Task Order. City or City's Designated Representative shall participate in all meetings and render decisions in a timely manner pertaining to documents submitted by Professional in order to avoid unreasonable delay in the orderly and sequential progress of Services. (b) Professional's Designated Representative. The Professional's Designated Representative for purposes of this Contract shall be acceptable to the City and designated on each Task Order. The Professional's Designated Representative shall participate in all meetings and be authorized to act on Engineer's behalf with respect to the Task Order. Professional's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by City in order to avoid unreasonable delay in the orderly and sequential progress of Services. (c ) The Parties Designated Representatives shall serve as the primary contact person for issues related to 49 work under each Task Order. (d) Changes to a Designated Representative shall be provided in writing by one party to the other. The City retains the right at all times to approve or disapprove the Professional's Project Representative. ARTICLE 11. LICENSES AND PERMITS (a) Professional shall procure and maintain at its expense all licenses and permits necessary for it to perform the Services. (b) Professional shall ensure that its employees and subcontractors and their employees are all properly licensed to perform their respective portions of the Services. ARTICLE 12. GOVERNING LAWS. REGULATIONS & STANDARDS (a) This Contract shall be governed, interpreted and enforced under the laws of the State of Texas, without regard to its conflict of law principles. In the event of litigation between the Parties arising out of this Contract issued under it, venue for such litigation shall be in a court of competent jurisdiction in Williamson County, Texas. (b) Professional, its employees, subcontractor's and agents, shall be aware of and shall comply with the Charter of the City of Georgetown and all federal, state and local laws, ordinances, codes (including applicable professional codes) and regulations applicable to the Services, any equipment to be fabricated and delivered and for compliance with standards and codes of technical societies that have been adopted by law or regulation or compliance with which is required to perform the Services. . If any of the Services fails to socomply with such laws, ordinances, codes and regulations, Professional shall bear any expense arising from Master Services Agreement— Engineering Kellogg Brown & Root Services, Inc. Page 4 Version 5.19.2008 that failure, including the costs to bring the Services into compliance. Professional shall further obtain and maintain all permits and licenses required, if any, for the performance of any Services required hereunder. ARTICLE 13. INTOXICANTS & DRUGS: EMPLOYEE CONDUCT Professional shall not at any time allow personnel for whom it is responsible on the jobsite if they are under the influence of any substance that may impair their performance. Professional shall promptly remove from the jobsite any person who is or appears to be under the influence of any of these substances or is otherwise unsafe or disorderly. Professional shall ensure that its employees, subcontractors and their employees avoid excessive noise, exceeding speed limits or reckless driving, use of weapons or trespass on land not owned by or under easement to CITY. If private property must be entered or crossed to perform the Services, Professional shall obtain permission from the property owner before entering. ": 1140fa711aEM"Il1;(QaK93 (a) Professional shall bear the expense and risk of loss or damage to its work in progress, completed work, materials, equipment and all other incidents of its Services prior to Acceptance of the Services. Professional shall promptly replace or repair any loss or damage to its work at its own expense. In the event of substantial loss or damage due to Force Majeure (see Article 20 for definition), the schedules shall be equitably extended. Professional shall bear the expense of storage space for stored materials, whether on-site or off-site, and shall bear the risk of loss or damage to all such materials. Professional shall take reasonable precautions to protect its work from weather damage, burglary, pilferage, fire, theft and similar hazards. (b) Professional shall bear the risk of loss or damage to its own equipment, tools, supplies and property and those of its subcontractors and suppliers, regardless of the cause of loss or damage throughout the project. 40 ARTICLE 15. WARRANTIES AND STANDARDS (a) Warranty of Title. Professional warrants the title to any goods it delivers to CITY incidental to the performance of the Services and that said goods will be free and clear of all liens, mortgages, security interests or other encumbrances. (b) General Standard of Performance. Professional shall perform all Services in a professional manner consistent with the usual and customary industry standards and to any higher standard required in the Contract Documents. Professional shall correct, without delay and at its own expense, any portion of the Services that does not meet the foregoing standard and that is discovered within one (1) year after Acceptance of the Services by re -perforating the defective portion of the Services to the required standard of performance. Any repair, replacement or modification of the Services performed pursuant to the provisions of this paragraph shall be supplied or repaired on the same terns and conditions as provided for herein for the Services. In particular, a new correction period shall apply. Such new correction period shall expire twelve (12) months from the date of such replacement, repair or modification. (c) Intellectual Property Warranty. Professional warrants that the Services, including any deliverables associated therewith, and the processes used in performing them shall not infringe on any valid United States patent, United States copyright, trademark or trade secret. (d) Business Standing Warranty. Professional warrants, represents and agrees that if (i) it is a corporation or limited liability company, then it is a corporation duly organized, validly existing and in good standing under the laws of the State of Texas, or a foreign corporation or limited liability company duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary corporate Mpower and has received all necessary corporate approvals to execute and deliver the Contract, and the Master Services Agreement — Engineering Kellogg Brown & Root Services, Inc. Page 5 Version 5.19.2008 individual executing the Contract on behalf of Professional has been duly authorized to act for and bind Professional; or (ii) if it is a partnership, limited partnership or limited liability partnership, then it has all necessary partnership power and has secured all necessary approvals to execute and deliver this Contract and perform all its obligations hereunder; and the individual executing this Contract on behalf of Professional has been duly authorized to act for and bind Professional. ARTICLE 16. GENERAL INDEMNITY (a) PROFESSIONAL SHALL HOLD THE CITY, ITS AFFILIATES, ITS BOARDS OF DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES (JOINTLY "CLAIMS"), INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF, OR RESULTING FROM OR ARISING UNDER THIS CONTRACT, OR ANY CLAIMED DEFECT IN THE SERVICES, PROVIDED THAT ANY SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT OR GROSSLY NEGLIGENT ACT OR WILLFUL MISCONDUCT OF PROFESSIONAL, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY IT, OR ANYONE FOR WHOSE ACTS IT MAY BE LIABLE. (b) IF THE PARTIES ARE CONCURRENTLY NEGLIGENT, EACH PARTY'S LIABILITY SHALL BE LIMITED TO THAT PORTION OF NEGLIGENCE ATTRIBUTABLE TO IT AS DETERMINED UNDER THE APPLICABLE PROPORTIONATE RESPONSIBILITY RULES OF THE STATE OF TEXAS. (c) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NEITHER PARTY SHALL BE LIABLE TO INDEMNIFY THE OTHER FOR THE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE OTHER. (d) THE FOREGOING INDEMNITY PROVISIONS SHALL BE DEEMED INDEPENDENT COVENANTS AND SHALL SURVIVE COMPLETION OF OR ANY TERMINATION OF THE CONTRACT OR ANY CLAIMED BREACH THEREOF. PROFESSIONAL'S INDEMNITY RESPONSIBILITY AS SPECIFIED IN THIS ARTICLE SHALL NOT INCLUDE SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. ARTICLE 17. INTELLECTUAL PROPERTY INDEMNITY (a) PROFESSIONAL SHALL, AT ITS OWN EXPENSE, DEFEND ALL SUITS OR PROCEEDINGS INSTITUTED AGAINST CITY, ITS AFFILIATES, ITS BOARDS OF DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES BASED UPON ANY CLAIM THAT THE SERVICES, OR ANY PART THEREOF, OR THE PROCESS PERFORMED THEREBY CONSTITUTES AN INFRINGEMENT OF EITHER ANY PATENT OR COPYRIGHT OF THE UNITED STATES OR OF ANY TRADEMARK OR TRADE SECRET PROTECTED BY EITHER FEDERAL OR STATE LAW. PROFESSIONAL SHALL PAY ALL AWARDS OF DAMAGES ASSESSED WHICH RESULT FROM ANY SUCH CLAIM, SUIT OR PROCEEDING AND SHALL INDEMNIFY AND SAVE CITY HARMLESS AGAINST LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), AND DAMAGES RESULTING FROM ANY SUCH CLAIM, SUIT OR PROCEEDING, INCLUDING OBEDIENCE TO RESULTING DECREES AND TO RESULTING COMPROMISES. (b) IF, IN ANY SUCH SUIT, A RESTRAINING ORDER OR TEMPORARY INJUNCTION IS GRANTED, PROFESSIONAL SHALL MAKE EVERY REASONABLE EFFORT, BY GIVING A SATISFACTORY BOND OR OTHERWISE, TO SECURE THE SUSPENSION OF ANY SUCH RESTRAINING ORDER OR TEMPORARY INJUNCTION. IF, IN ANY SUCH Master Services Agreement — Engineering Kellogg Brown & Root Services, Inc. Page 6 Version 5.19.2008 SUIT, THE SERVICES OR ANY PART THEREOF OR THE PROCESS PERFORMED THEREBY IS HELD TO CONSTITUTE AN INFRINGEMENT AND ITS USE BE PERMANENTLY ENJOINED, PROFESSIONAL SHALL AT ONCE MAKE EVERY REASONABLE EFFORT TO SECURE FOR CITY A LICENSE AT PROFESSIONAL'S EXPENSE AUTHORIZING THE CONTINUED USE OF THE ALLEGED INFRINGING PORTION OF THE SERVICES. IF PROFESSIONAL IS UNABLE TO SECURE SUCH LICENSE WITHIN A REASONABLE TIME, PROFESSIONAL SHALL, AT ITS OWN EXPENSE AND WITHOUT IMPAIRING PERFORMANCE REQUIREMENTS, EITHER PROVIDE NON -INFRINGING REPLACEMENTS OR MODIFY THE SERVICES TO ELIMINATE THE INFRINGEMENT. IN ADDITION TO INDEMNIFYING AND SAVING CITY HARMLESS, PROFESSIONAL SHALL REIMBURSE CITY FOR ANY COSTS INCURRED AS A RESULT OF THE UNAVAILABILITY OF THE INFRINGING ITEM OR ITS NON - INFRINGING REPLACEMENT. ARTICLE 18. INDEMNITY PROCEDURES Promptly after receipt by any entity entitled to indemnification of notice of the commencement or threatened commencement of any civil, administrative or investigative action or proceeding involving a claim for which the indemnitee seeks indemnification, it shall notify the indemnitor of such claim in writing. No failure to so notify an indemnitor shall relieve the indemnitor of its obligations under this Contract except to the extent that the indemnitor can demonstrate damages attributable to such failure. Within fifteen (15) days following receipt of written notice from the indemnitee relating to any claim, but no later than ten (10) days before the date on which any response to a complaint or summons is due, the indemnitor shall assume control of the defense and settlement of that claim. ARTICLE 19. INSURANCE Professional shall obtain and maintain the insurance coverage specified below on an occurrence -basis and shall provide to CITY a copy of the insurance policies listing the coverage before starting Services. THE COVERAGE SHALL NOT BE CONSTRUED AS ESTABLISHING OR LIMITING PROFESSIONAL'S LIABILITY UNDER THE INDEMNITY PROVISION. Professional for itself and its insurers hereby waives subrogation against CITY, its affiliates, their Boards of Directors, directors, officers, employees and agents with respect to General Liability, Auto and Workers Compensation insurance. Professional's failure to maintain the required insurance coverage at any time during the Contract period may be grounds for CITY to suspend the Contract and withhold payment until insurance coverage is satisfactory. In addition to any other required information, all insurance policies must contain the applicable purchase order number and project title. Failure to furnish or update (as applicable) insurance policies that comply with CITY requirements may result in retraction of a contract award, or suspension or termination for breach of contract. The Professional's insurance coverage shall be primary insurance with respect to the City, its affiliates, their boards of directors, officers, agents, employees and volunteers. Any insurance or self-insurance maintained by the City, its affiliates, their boards of directors, officers, agents, employees and volunteers, shall be considered in excess of the Professional's insurance and shall not contribute to it. The Professional shall include all subcontractors as additional insureds under his policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. General Liability, Automobile Liability, and Professional Liability insurance shall be written by a carrier with an A: VIII or better rating in accordance with the current Best Key Rating Guide. Master Services Agreement — Engineering Kellogg Brown & Root Services, Inc. Page 7 Version 5.19.2008 Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. The City, its affiliates, their boards of directors, officers, agents and employees are to be added as "Additional Insured" on all policies other than the Workers' Compensation. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, or volunteers. A Waiver of Subrogation in favor of the City of Georgetown with respect to Workers' Compensation insurance must be included. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Georgetown. Type ofInsurance (a) Workers' Compensation Coverage A - Coverage B - (b) General Liability Bodily Injury Bodily Injury Property Damage (c) Automobile Liability Minimum Coveraee statutory $ 250,000 employer's liability $ 500,000 per person $1,000,000 per occurrence $1,000,000 per occurrence (including owned or leased vehicles) Bodily Injury $1,000,000 per occurrence Property Damage $ 500,000 per occurrence The automobile liability coverage shall apply to owned, non -owned, hired and leased vehicles. (d) Professional Liability $1,000,000 per occurrence. With approval of the City's Risk Manager, a Claims Made Policy may be accepted for Professional Liability Insurance, provided that the deductible limit shall not exceed Twenty Five Thousand Dollars ($25,000). (e) Copies of Policies. Before Services begin, a copy of the policies for all required insurance shall be filed with the CITY Purchasing Agent. (f) Other Insurance. Other or different insurance requirements shall be specified in a Task Order. Master Services Agreement — Engineering Kellogg Brown & Root Services, Inc. Page 8 Version 5. 19.2008 ARTICLE 20. FORCE MAJEURE (a) The nonperformance or delayed performance by Professional or CITY of any obligation under the Contract shall be excused if such nonperformance or delay is caused by an event beyond the control of the affected Party ("Force Majeure"), except to the extent that Professional knew of or should reasonably have been able to foresee such an event and failed to take reasonable measures to avoid the event. Items beyond the control of the Parties include, but are not limited to: acts of war, acts of a public enemy, acts of domestic or foreign terrorism, natural disasters, strikes, epidemics or quarantine restrictions, riot, or sabotage and acts of civil or military authority having jurisdiction. (b) Upon occurrence of a Force Majeure event, the date for performance of the Services shall be extended for a period equal to the time lost by reason of the delay, provided Professional or CITY has taken reasonable steps to proceed with the performance of the Contract and has made written notification of such delay and of any corrective action taken. Professional shall not be entitled to any increase in compensation by reason of Force Majuere. (c) The following delays shall not constitute excusable delays in performance by Professional and shall not constitute a reason for extending the date for performance of the Services: (1) Delays by subcontractors or by suppliers for reasons other than Force Majeure; (2) Delays in approval of documentation because of inadequate performance or to unrealistic approval schedules; or (3) Delays caused by Professional's lack of sufficient personnel with the necessary skills. ARTICLE 21. GENERAL SAFETY, ENVIRONMENTAL AND SITE OPERATIONS (a) General. Professional, its employees and subcontractors shall perform all work required by this Contract in a safe and healthy manner. During the course of the work, the Professional shall comply with and enforce all laws, rules, regulations and industry practices applicable to worker safety and health. (b) Scope of Health and Safety Requirements. Professional will manage all of Professional's employees and subcontractors on site and will be accountable for their employees' and subcontractors' performance with respect to health and safety. (c) Mandatory Health and Safety Conditions. (1) Training/Qualification - Professional, its employees and subcontractors performing work on site shall be properly trained and qualified to perform the work they are expected to perform, and have received the necessary certifications and other credentials necessary to perform the work, as required. (2) Safety Orientation — Professional shall ensure all of its employees and subcontractors on site shall attend a safety orientation prior to the start of work. If any workers fail to attend the initial safety orientation, Professional shall designate an employee (e.g., site superintendent) to provide the orientation before those workers shall be allowed to start work. All safety orientations shall be documented and maintained for inspection. Safety orientation is only required once unless otherwise needed, or the Scope of Work changes. (d) Warnings & Barricades. Professional shall furnish, erect and maintain wanting notices, signs, signals, lights, protective guards, enclosures, platforms and other devices as necessary to adequately protect all personnel on site; including but not limited to employees, subcontractors, other professionals, CITY Master Services Agreement — Engineering Kellogg Brown & Root Services, Inc. Page 9 Version 5.19.2008 workers and the public (e) Personal Protective Equipment (PPE) & Safety EquipmenL Professional shall ensure all contract employees and subcontractors are trained on and equipped with appropriate PPE and safety equipment (i.e. lanyards, harnesses, monitoring equipment, rescue equipment, fire extinguishers, etc.). (f) Periodic Inspections. Professional shall conduct regular health and safety inspections of the work area(s) and work being performed. CITY, or its agent, reserves the right to inspect the work site(s) at any time and without prior notice to Professional. (g) Safety Communications (1) Safety meetings — Professional shall ensure that all hazards and protective measures associated with the work being performed on site are properly communicated to all personnel on site. Professional shall conduct regular health and safety meetings. A copy of the minutes of such meetings shall be submitted to CITY, upon request. Professional is responsible for providing an interpreter if necessary to ensure its communications are understood by all workers. (2) Communications with CITY — The City's Designated Representative shall be the point of communication for all safety and health issues arising under this Contract. Professional shall communicate with the City's Designated Representative in the event of any of the following conditions: • Professional shall inform City's Designated Representative twenty-four (24) hours prior to any activity that could adversely affect a business organization. Examples of these "activities" include but are not limited to welding, painting, fire protection, system maintenance/repair and any activity impacting emergency systems/egress routes. City's Designated Representative will make all reasonable efforts to inform any parties potentially impacted by the activities. • Professional shall immediately inform the City's Designated Representative of all federal, state and local safety inspections, citations and penalties associated with the work. • Professional shall immediately notify the City's Designated Representative by verbal, person to person communication, in the event of any incident that results in a death, serious bodily injury or serious property damage related to any aspect of the project. Minor incidents and near -misses must be promptly communicated to the Project Contact. • Professional shall investigate all incidents resulting in personal injury or illness, property damage, or near -misses to determine the root causes and shall take appropriate action to eliminate such causes. A copy of the final investigation report shall be promptly submitted to the Project Contact. (3) Coordination with Other Officials — Professional is fully responsible for coordinating with the proper authorities for moving heavy equipment, location of underground utilities, erecting barricades, traffic control and other safety measures, unless otherwise specified. (4) Communications with Media Restricted - In the event of an accident or other condition on site, Professional shall not communicate with the media or any other entity without the expressed consent of the CITY. (h) SUSPENSION OF WORK AND LIMITATION OF LIABILITY. CITY RESERVES THE RIGHT THROUGH THE CITY'S DESIGNATED REPRESENTATIVE TO SUSPEND ALL OR ANY PORTION OF THE WORK BEING PERFORMED IN VIOLATION OF THESE PROVISIONS. CITY SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) WARRANTY OR UNDER ANY OTHER LEGAL THEORY) FOR JUDGMENTS, DAMAGES, COSTS OR EXPENSES RELATED Master Services Agreement — Engineering Kellogg Brown & Root Services, Inc. Page 10 Version 5.19.2008 TO ANY SUSPENSION OR STOPPAGE OF WORK, LOSS OF BUSINESS, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH ANY FAILURE ON THE PROFESSIONAL'S PART TO ESTABLISH, ENFORCE OR ADEQUATELY MONITOR ITS HEALTH AND SAFETY PROGRAM. (i) Preliminary Submittals. Within ten (10) days after the effective date of the Contract and no later than the preconstmction conference, Professional shall submit to City's Designated Representative for review: (1) A letter designating onsite safety representative for general safety and specific activities; and (2) If applicable, a site safety plan to include plans for specific activities. 6) Other Requirements. Professional shall promptly settle rightful claims from counties, municipalities or private parties for road damage caused by trucks or heavy equipment driven to and from the job sites by third -party property by Professional, subcontractors or suppliers, or employees of any of them. If Professional fails to settle such claims promptly, CITY shall have the right to settle the claims and withhold the amount paid plus CITY's costs and expenses from Professional's payments under the Contract (k) Environmental. Professional is solely responsible for all costs incurred by CITY for any spills or leaks caused by Professional or its subcontractors or consultants during performance of, or in connection with the Services. Without limiting the foregoing sentence, Professional shall be responsible for all costs incurred to contain, remediate and restore the site of the spill according to applicable state and federal laws and regulations, and if on CITY s property, according to CITY's requirements. CITY shall be responsible for all notifications required by federal, state or local law or regulation. The CITY shall identify to Professional the site supervisor (if applicable) and facility environmental manager (if applicable). Professional shall immediately notify the site supervisor, City's Designated Representative and the facility environmental manager with the nature and location of the spill. Professional shall provide a written report to CITY whose representative shall identify the substance, quantity released, location of the spill and perform clean up and remediation activities. If the spill occurs off the CrI Y's property, then the Professional shall also notify the CITY of any agencies notified and the representatives of the agencies contacted. The report shall be a narrative that summarizes on -scene activity and remediation efforts. If long-term remediation will be required, it shall be noted in the report. The initial report shall be provided to CITY within 24 hours after the incident. Follow-up reports shall be provided to CITY weekly until remediation efforts have been completed and the spill has been properly remediated. PROFESSIONAL SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY AND ALL LIABILITIES, INCLUDING, BUT NOT LIMITED TO, REMEDIATION COSTS, FINES, PENALTIES, COURT COSTS AND ATTORNEYS' FEES RESULTING FROM SPILLS, RELEASES, IMPROPER HANDLING AND/OR DISPOSAL OF WASTES BY PROFESSIONAL, ITS SUBCONTRACTORS AND/OR CONSULTANTS. (1) Confined Space Entry. Professional will perform confined space entries in strict accordance with OSHA 1910.146 Confined Space Standard. All Professional entries will be performed under the guidelines of the contractor's confined space program, which should include but not be limited to, all required personnel training, confined space monitoring and evaluation, entry tag system or any personnel protective equipment required by confined space conditions. All entries will be coordinated with the City's Designated Representative or System Operations Dispatcher to assure proper isolation and/or de -energizing of the confined space is performed. Master Services Agreement — Engineering Kellogg Brown & Root Services, Inc. Page 11 Version 5.19.2008 (m) Surplus Material. Unless otherwise directed through written instructions issued by CITY, Professional shall promptly remove all excess surplus material from the job site. Final payment for performance of the work shall not be due and payable until such materials are removed from the job site. If surplus materials are not removed from the job site within thirty (30) days of completion of the work, CITY may dispose of the materials and offset the cost associated with disposal against the unpaid balance of the Contract price. (n) Cleaning Jobsite. Professional shall clean the job site daily. (o) Facility Equipment Clearance and Lock Out Procedures. Facility Equipment Clearance and Lock Out Procedures shall be followed. Clearances shall be acquired by Professional and CITY personnel when required prior to performing work on any equipment. Professional shall be responsible for providing company locks. Professional's locks shall be clearly identified and shall have a tag for employee to print name. ARTICLE 22. ASSIGNMENT This Contract is to be considered a personal Services Contract. Professional may not assign this Contract without the consent of CITY. Any permitted assignee must notify the CITY in writing that it accepts the assignment on the same terms and conditions contained in this Contract. No permitted assignment shall limit Professional's responsibility for performance of this Contract. Attempted assignment or delegation of this Contract, including obligations under it, without the written consent of CITY shall be void, and not merely voidable. ARTICLE 23. OWNERSHIP OF DELIVERABLES (a) The Parties agree that such items as plans, drawings, photographs, designs, studies, specifications, data, computer programs, schedules, technical reports or other work products which are developed and specified to be delivered under this Contract and which are paid for by CITY are considered instruments of services in respect of the Contract, but are subject to the rights of the CITY under this Contract. These rights include, but are not limited to the right to use, duplicate and disclose such items, in whole or in part, for the purpose of completing, maintaining and operating any building, structure, plant, equipment or system that may result from the performance of this Contract. If an item produced by Professional is copyrightable, Professional may copyright it, subject however to the rights of the CITY under this Contract. CITY is hereby granted and assigned a royalty fine, non-exclusive, and irrevocable license to reproduce, publish, modify and use such items and to authorize others to do so solely for CITY's business purposes. Professional shall include in its subcontractor and consultant contracts, appropriate provisions to achieve the purposes set out here. (b) Intellectual property and rights to intellectual property owned by any Party on the date of this Contract shall remain the property of that Party. (c) PROFESSIONAL DOES NOT REPRESENT OR WARRANT THAT ANY DELIVERABLES WILL BE SUITABLE FOR REUSE ON ANY OTHER PROJECT. PROFESSIONAL DISCLAIMS LIABILITY FOR ANY REUSE OF THE DELIVERABLES ON ANY OTHER PROJECT THAT IS DONE WITHOUT THE EXPLICIT, WRITTEN APPROVAL OF THE PROFESSIONAL. ARTICLE 24. TERMINATION FOR CONVENIENCE Master Services Agreement — Engineering Kellogg Brown & Root Services, Inc. Page 12 Version 5.19.2008 (a) CITY shall have the right to terminate this Contract for its convenience at any time. After receipt of the notice of termination, the Professional shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due at that point in the Contract: (1) Stop all ongoing Services; (2) Place no further subcontracts or orders for materials or Services; (3) Terminate all subcontracts; (4) Cancel all materials and equipment orders, as applicable; and (5) Take any action that is necessary to protect and preserve all property related to this Contract that is in the possession of the Professional. (b) In the event of a termination under paragraph (a) of this Article, CITY shall pay equitable termination charges, including payment for portions of Services completed and materials purchased, profit on completed portions, and out-of-pocket costs that have been reasonably incurred by Professional as a result of terminating this Contract. CITY shall not be liable in connection with any termination under this Article for special, incidental, consequential or punitive damages, or for loss of anticipated future Services, anticipated profits, administrative costs or overhead on anticipated Services, or other indirect costs. ARTICLE 25. TERMINATION FOR CAUSE (a) The occurrence of any one or more of the following events will constitute an event of default: (1) Professional's persistent failure to perform the Services in accordance with the Contract Documents (including, but not limited to, failure to supply sufficiently skilled workers, suitable materials or equipment, or to adhere to project schedules as adjusted from time to time pursuant by the Parties); (2) Professional's disregard of applicable laws or regulations; (3) Professional's disregard of the authority of CITY's Designated Representative; (4) Professional's violation in any material way of any provisions of the Contract Documents; (5) Failure of Professional to pay subcontractors and/or material suppliers; or (6) Professional's violation of CITY's Ethics Ordinance (City Code of Ordinances Chapter 2.26) or any ethics policies that are applicable to City employees). (b) If one or more of the events identified in paragraph (a) occur, CITY may terminate this Contract if after giving Professional (and the surety, if any) seven (7) calendar days prior written notice, unless such event of default shall have been cured. (c) If this Contract has been so terminated by CITY, the termination will not affect any rights or remedies of CITY against Professional or any surety then existing or which may thereafter accrue. No retention or payment of moneys due Professional by CITY will release Professional from liability. (d) In such a circumstance, CITY shall notify Professional in writing of the termination, with copies of the notice to CITY's jobsite personnel. ARTICLE 26. SUSPENSION (a) CITY may, at any time and at its sole option, suspend all or any portions of the Services to be performed under this Contract by providing ten (10) calendar days written notice to the Professional. Upon receipt of any such notice, Professional shall: Master Services Agreement — Engineering Kellogg Brown & Root Services, Inc. Page 13 Version 5.19.2008 (1) Immediately discontinue the Services on the date and to the extent specified in the notice; (2) Place no further orders or subcontracts for materials, Services or facilities with respect to the suspended portion of the Services, other than to the extent necessary to protect any portion of the Services already performed; (3) Promptly make every reasonable effort to obtain suspension, upon terms satisfactory to CITY, of all orders, subcontracts and rental agreements to the extent that they relate to performance of the portion of Services suspended by the notice; (4) Continue to protect and maintain the portion of the Services already completed, including the portion of the Services suspended hereunder, unless otherwise specifically stated in the notice; and (5) Continue to perform Professional's obligations for the portions of the Services not suspended. (b) As full compensation for such suspension, Professional will be reimbursed for the following costs, reasonably incurred, without duplication of any item, to the extent that such costs actually result from such suspension of Services. (1) A reasonable standby charge to be negotiated between CITY and the Professional sufficient to compensate Professional for keeping (to the extent required in the notice) its organization and equipment committed to the Services in a standby status; (2) All reasonable costs associated with demobilization of Professional's facility, forces and equipment; and (3) A reasonable amount to be negotiated between CITY and the Professional to reimburse the Professional for the cost of maintaining and protecting that portion of the Services upon which activities have been suspended. (c) Upon receipt of notice to restart the suspended portion of the Services, Professional shall immediately resume performance on the suspended portion of the Services to the extent required in the notice. Within fourteen (14) calendar days after receipt of notice to restart the suspended portion of the Services, the Professional shall submit a revised schedule for approval by CITY. If, as a result of any suspension, the cost to Professional of subsequently performing the Services or the time required to do so is changed, a claim for an adjustment in the Contract price may be made. Any claim on the part of Professional for change in price or extension of time shall be made in accordance with this Contract. ARTICLE 27. DISPUTE RESOLUTION The Parties agree that in the event of a dispute concerning the performance or non-performance of any obligations flowing from or as a result of this Contract and prior to the initiation of any litigation, the Parties will voluntarily submit the dispute to an agreed mediation center or mediator for mediation as though it were referred through the operation of the Texas Alternative Dispute Resolution Procedures Act, Title 7, Chapter 154, TEX. CIV. PRAC. & REM. ANN., (Vernon's 1986). No record, evidence, statement or declaration resulting from or in connection with such alternate dispute resolution procedure may be used in evidence in subsequent litigation except to demonstrate that this Article has been complied with in good faith by a Party. Professional shall proceed diligently with performance of the Contract, pending final resolution of any request for relief, claim, appeal, or action arising under the Contract. ARTICLE 28. NOTICES All notices or other communications required under this Contract must be made in writing and sent either by personal delivery, registered or certified mail (in each case with return receipt requested and postage prepaid), nationally recognized overnight courier (with all fees prepaid), facsimile, or e-mail the other Party. Changes Master Services Agreement— Engineering Kellogg Brown & Root Services, Inc. Page 14 Version 5.19.2008 to name or address for notice are not effective unless they are in writing and provided to the other party in the same manner as other notices under this Contract. Notice is effective only sent using one of the methods specified above and if actually received CITY. PROFESSIONAL: City of Georgetown Kellogg Brown & Root Services, Inc. Attn: Thomas R. Benz, P.E., Systems Engineering Manager Attn: Juan D. Villarreal P.O. Box 409 505 East Huntland Dr., Ste. 100 Georgetown, TX 78626 Austin, TX 78752 Fax No.: 512-930-3559 Fax No.: 512-419-1432 E-Mail:dmiz@georgetowntx.org E -Mail: ivan.villarrealnkbrcom with a copy to: Marsha Iwers P.O. Box 409 Georgetown, TX 78626 Fax No. 512-930-9027 E-Mail:mei@georgetowntx.org ARTICLE 29. TITLES AND SECTION HEADINGS The titles and section headings of this Contract are included for convenience only and shall not be deemed to constitute a part of this Contract. ARTICLE 30. INTERPRETATION AND RELIANCE While this Contract form was initiated by CITY, Professional had the opportunity to take exception to and seek clarification of it. Thus, this Contract is the product of negotiations between the Parties. No presumption will apply in favor of any Party in the interpretation of this Contract or in resolution of any ambiguity of any provision. ARTICLE 31. FAILURE TO ACT No action or failure to act by either Party shall be a waiver of a right or duty afforded under the Contract, nor shall such action or failure to act constitute a breach of this Contract, except as specifically agreed to in writing. ARTICLE 32. CONTRACT NON-EXCLUSIVE The Contract is not exclusive. Professional has the right to perform Services for others during the term of the Contract, and CITY has the right to hire others to perform the same or similar tasks. ARTICLE 33. THIRD PARTY BENEFICIARIES There are no third party beneficiaries to this Contract and the provisions of this Contract shall not create any legal or equitable right, remedy or claim enforceable by any person, firm or organization other than the Parties and their pemritted successors and permitted assigns. Master Services Agreement — Engineering Kellogg Brown & Root Services, Inc. Page 15 Version 5.19.2008 ARTICLE 34. MITIGATION OF DAMAGES In all cases the Party establishing or alleging a breach of contract or a right to be indemnified in accordance with this Contract shall be under a duty to take all necessary measures to mitigate the loss which has occurred, provided that it can do so without unreasonable inconvenience or cost. ARTICLE 35. SEVERABILITY This Contract is severable and if any one or more parts of it are found to be invalid, such invalidity shall not affect the remainder of this Contract if it can be given effect without the invalid parts. Professional warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Professional, to solicit or secure this Contract, and that the/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduce from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Professional covenants and represents that Professional, his/her/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 for the construction of the project. Professional hereby represents and warrants to City, with the intention that City rely on this representation in entering this Contract, that no portion of any payment to Professional by City pursuant to this Contract shall be: (i) used as a bribe, kickback, rebate, or illegal political contribution of the purpose of obtaining political influence; or (ii) in violation of applicable regulations, tax laws or regulations or other laws of any jurisdiction. Professional hereby represents and warrants to City that Professional shall not perform any work or services for a third party that is potentially or actually related to, connected to, a part of, or integral to the work or services that it has perforated is or is performing for the City under a Task Order. Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to the attention of the City, and Professional agrees that the City shall be the sole judge as to whether a conflict or potential conflict of interest with work for private parties or Developer work exists. If in the judgment of the City such a conflict or potential conflict between City work and Developer work exists, then Professional agrees to terminate all work under the affected Task Order(s) immediately and that it shall not be eligible for payment for such services. Master Services Agreement — Engineering Page 16 Kellogg Brown & Root Services, Inc. Version 5.19.2008 ARTICLE 37. INTEGRATION & CONTRACT MODIFICATION This Contract, including its exhibits and Task Orders issued pursuant to it, contains the entire and integrated agreement between Professional and CITY as to their subject matter and supersedes all prior negotiations, correspondence, understandings, representations and agreements, written or oral, related to it. In case of conflict between the terms and conditions of this Contract and those of any standard sales forms presented by Professional or such forms appearing in or referenced by Professional's bid or proposal, the terms and conditions of this Contract shall prevail. The terns and conditions of this Contract can be modified only by a writing signed by an authorized representative of both Professional and CITY. ARTICLE 38. APPROVAL Task Orders that exceed $15,000 (either initially or through a change order) must be approved by the City Council before they become effective. Change orders to Task Orders or contracts must be approved by the City Council if they exceed $15,000, either separately or in the aggregate. Change orders and Task Orders must be executed by an authorized representative of each Party. The City may unilaterally adjust the dollar amounts in this Article based on changes in state law or in Council approved purchasing and contracting policies; notice of any such adjustments shall be provided to Professional. ARTICLE 39. SECURITY AT CITY JOB SITE Professional shall provide a list of names of its and its subcontractor's employees to the CITY project manager prior to commencing work at any CITY facility. The employee will only be allowed on any CITY job site, if the employee is able to show photo identification and their name is on the list. Any addition or deletion must be provided to the CITY project manager. Master Services Agreement — Engineering Kellogg Brown & Root Services, Inc. Page 17 Version 5.19.2008 THE CITY OF GEORGETOWN, TEXAS: By: Name: George Garver Title: Mayor Date: ATTEST: Sandra D. Lee, City Secretary APPROVED AS TO FORM: Patricia E. Carls, City Attorney Attachment A — Task Order Master Services Agreement — Engineering Kellogg Brown & Root Services, Inc. Version 5.19.2008 PROFESSIONAL: Company Name M Name: William M. Hall Title: Vice President Date: Page 18 ATTACHMENT A TASK ORDER City's Designated Representative City of Georgetown P.O. Box 409 Georgetown, Texas 78627 General Description of Services or Project: City Provided Information or Work: The City shall provide the following services or perform the following work (describe): Any documents or information related to the Work/Services provided by the City to the Professional, including, without limitation, engineering studies, maps, reports, filed data, notes, plans, diagrams, sketches, or maps (the "Information") is and shall remain the property of the City, and Professional shall have no ownership or other interest in same. The Professional shall deliver to the City, if requested, a written itemized receipt for the Information, and shall be responsible for its safe keeping and shall return it to the City, upon request, in as good condition as when received, normal wear and tear excepted. Scope of Work: (describe in detail using additional or separate sheets if necessary): Master Services Agreement - Engineering Attachment A Version 1.31.2008 Page 1 Statement Regarding Non -Collusion; Prohibited Financial Interests; Prohibited Political Influences: (Per Article 36 in the Master Service Agreement): Professional hereby represents and warrants to City that Professional shall not perform any work or services for a third party that is potentially or actually related to, connected to, a part of, or integral to the work or services that it has performed is or is performing for the City under this Task Order. Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to the attention of the City, and Professional agrees that the City shall be the sole judge as to whether a conflict or potential conflict of interest with work for private parties or Developer work exists. If in the judgment of the City such a conflict or potential conflict between City work and Developer work exists, then Professional agrees to terminate all work under the affected Task Order(s) immediately and that it shall not be eligible for payment for such services. Compensation: (Pick one) ❑ Time and Materials with Amount Not to Exceed: -Services to be provided at rates shown on Exhibit B in an amount not to exceed $ DOLLARS and CENTS. ❑ Lump Sum: Services to be provided at rates shown on Exhibit B in an amount not to exceed $ DOLLARS and ZERO CENTS. APPROVED: CITY OF GEORGETOWN Title: City Designated Representative E-mail: Master Services Agreement - Engineering Version 1.31.2008 PROFESSIONAL M Name: William M. Hall Title: Professional Designated Representative Address: 4100 Clinton Dr. Phone: 713-753-3320 Fax: 713-753-3802 E -Mail: bill.halll@kbr.com Attachment A Page 2 Council meeting date: May 27, 2008 Item No. _ AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to approve a Master Services Agreement with Fugro Consultants, Inc., of Austin, Texas for professional engineering services. ITEM SUMMARY: The City issued a Request for Proposals from qualified firms for Professional Engineering Services for Pavement Management Data Collection and Evaluation, Capital Improvement Plan Development and Street Cut Permitting Policy Development with the due date of April 21, 2008. Two firms submitted Proposals and Statements of Qualifications — Fugro Consultants, Inc., and Stantec Consulting, Inc. Staff completed its review of the two proposals and considered either firm to be qualified to perform the work required. Staff requested follow-up interviews with each firm. During conversations with Stantec Consulting, Inc., staff was informed by Stantec that since its submittal, Stantec had acquired new work commitments, which precluded Stantec from being able to meet the City's time requirements as specified in the RFQ. They have submitted a letter stating, "By means of this letter, Stantec will respectfully and officially remove itself from the procurement process related to RFQ 28040 with the City of Georgetown." Staff has negotiated an MSA with Fugro Consultants, Inc. Attached for your review and consideration is a Master Services Agreement (MSA) with Fugro Consultants, Inc. The MSA contains the basic terms governing the relationship between the City and the engineer. The MSA would have a term of one year, renewable for up to four additional terns. During the contract term, the City could issue Task Orders to the engineering firm for specific projects. The Task Orders would contain all of the details that would be specific to a certain project — e.g., scope, schedule, cost, etc. Task Orders would be approved by the authorized City representative(s) in accordance with the City's purchasing policy — which currently requires that all professional services contracts for $15,000 or greater be approved by the City Council. Approval of the MSA is not a guarantee of work, but approval of the MSA allows Task Orders to be issued in an expeditious way that will allow for efficient project management. SPECIAL CONSIDERATIONS: None BOARD RECOMMENDATION: GTAB recommends approval of the Master Services Agreement with Fugro Consultants, Inc. STAFF RECOMMENDATION: Staff recommends approval of the Master Services Agreement with Fugro Consultants, Inc. None. ATTACHMENTS: Master Service Agreement with Fugro Consultants, Inc. Submitted By: Transportation 0 Jim Briggs Assistant City Manager for Utility Operations PROFESSIONAL SERVICES CONTRACT MASTER SERVICES AGREEMENT ENGINEERING SERVICES This is a Professional Services Contract ("Contract") between the City of Georgetown, Texas (the "CITY") and Fuero Consultants. Inc. , ("Professional"), collectively referred to as the "Parties" or individually as a "Party", made for and in consideration of the payment terms and performance obligations herein described. WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Engineering Services Procurement Act" provides for procurement by municipalities of services of professional engineers; and WHEREAS, City and Professional desire to contract for such professional engineering services: and WHEREAS, City and Professional wish to document their agreement concerning the requirements and respective obligations of the parries; NOW, THEREFORE, for and in consideration of the mutual promises contained herein and other good and valuable consideration, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: ARTICLE 1. SERVICES TO BE PROVIDED (a) Professional shall provide professional services (the "Services") to CITY under individual assignments ("Task Order(s)') in the general format shown in Attachment A to the Agreement. The Services that Professional may be requested to perform include professional engineering services such as civil engineering site services, utility line design, drainage calculations and design, street design, and related surveying, GIS mapping, investigations, studies, reports, reviews, designs, and consultations. CITY will provide a written Task Order. including a written scope of work ("Scope of Work") describing the particular tasks to be performed, to Professional for the particular task and a specific price or a formula by which the price can be determined. No Services are authorized unless authorized representatives of both Parties sign such a Task Order. This Contract does not guarantee a minimum amount Professional will be paid or a minimum number of Task Orders. (b) Notwithstanding anything to the contrary contained in this Contract, CITY and Professional agree and acknowledge that CITY is entering into this Contract in reliance on Professional's special and unique abilities with respect to performing the Services. Professional represents that there are no undisclosed obligations, commitments or impediments of any kind that will or could taint, limit or prevent performance of the Services. (c) Changes in Services. CITY may request additional Services or changes in the Services as the project progresses. If so, changes in the Scope of Work shall be initiated by a written change order ("Change Order') signed by an authorized representative of each Party. The Change Order shall describe the Services to be added, changed or deleted and shall state the additional cost or cost reduction and schedule changes, if any. Verbal Change Orders shall have no effect, except in cases of an emergency threatening personal injury or property damage. The terms and conditions of this Contract may be modified only by a written amendment signed by an authorized representative of each Party. Master Services Agreement - Engineering Page 1 Version 3.5.2008 (d) Effect of Expiration on Task Orders. Upon expiration or earlier termination of this Contract, these terms and conditions shall continue in full force and effect with respect to any Task Order awarded under this Contract that has not been completed or otherwise terminated. ARTICLE 2. CONTRACT DOCUMENTS (a) General Definition. In order of precedence, this Contract shall consist of the following documents ("Contract Documents"): (1) All written Change Orders executed after the effective date of this Contract by an authorized representative of each Party; (2) Each Task Order executed pursuant to this Contract by an authorized representative of both Parties; (3) The Scope of Work attached to each Task Order; (4) This Contract; and (5) Any other documents specifically identified as Contract Documents. (b) Exclusion from Contract Documents. No terms and conditions submitted by Professional in connection with any proposal or proposed Task Order that conflict with the terns and conditions contained in this Contract will be considered par of the Contract Documents unless expressly accepted in writing by the CITY. ARTICLE 3. TERM This Contract is for a one (1) year period, with an option to extend for four (4) consecutive one (1) year periods, not to exceed a maximum of five (5) years. The primary term begins upon execution of this Contract by an authorized representative of the CITY. This Contract will be deemed to extend beyond its expiration or termination date with respect to any Task Order being performed under it at that time, unless the Task Order is also terminated. ARTICLE 4. SCHEDULE Time shall be of the essence for performance under this Contract. Professional agrees to perform all obligations and render the Services set forth in this Contract or any Task Order issued pursuant hereto in accordance with any timelines included in the Scope of Work, except as the Parties may otherwise mutually agree to in writing. If required by the Scope of Work, a specific Services progress schedule will be developed for each individual task in compliance with the Scope of Work. ARTICLE 5. PRICE The price to be paid for Services under any Task Order shall be a not to exceed price as agreed in a particular Task Order. ARTICLE 6. PAYMENT (a) Notwithstanding anything in this Contract to the contrary, all payments to be made by the CITY hereunder are subject to Ch. 2251 of the Texas Government Code, popularly known as the Prompt Payment Act. Payment in full for invoices shall be due within thirty (30) days from date the invoice is received by CITY. Invoices paid more than thirty (30) days after the invoice is received are subject to a late charge of 1% per month (12% APR) on the amount of the undisputed past due balance. (b) Invoices for payment under this Contract shall be sent to: Master Services Agreement - Engineering Page 2 Version 3.5.2008 City of Georgetown Attn: Accounts Payable P.O. Box 409 Georgetown, Texas 78626 CITY's purchase order numbers shall be included prominently on each invoice. Payments may be based on completion of the Services, fulfillment of milestones, progress payments or any other method that is established in the agreed Task Order. In no event shall Professional invoice CITY more than once a month. (c) No invoice shall be considered complete or payable unless all documentation is submitted with invoice supporting reimbursable and CITY approved expenses, such as time sheets, transportation, lodging and meal expenses. Alcohol and entertainment expenses are not reimbursable. ARTICLE 7. ACCEPTANCE OF THE SERVICES When Professional can demonstrate that the Services are complete in accordance with the acceptance criteria included in the Task Order and so notifies CITY, CffY shall review the Services for general compliance with the Contract If the Services appear to comply with the Contract requirements, and Professional has furnished any required documentation, CITY shalt notify Professional in writing of CITY's acceptance of the services ("Acceptance of the Services'l. Acceptance of the Services shall not limit nor diminish Professional's warranties and standards with respect to the Services. ARTICLE 8. JOBSPI'E INSPECTION If applicable to the Services and required by the CITY, Professional's representatives shall inspect the jobsite and clearly understand the requirements and risks of the Services to be performed, the jobsite conditions, traffic conditions, the proximity of high-voltage power lines, buried utilities, biological hazards and other local conditions likely to affect Professional's performance before accepting any Task Order. Acceptance of a Task Order shall constitute the Professional's certification that it has by inspection satisfied itself with respect to all such local conditions and is willing to accept all risks they impose. ARTICLE 9. INDEPENDENT CONTRACTOR Professional shall perform in all respects as an independent contractor and not as an employee, partner, point venturer or agent of the CITY. The Services to be performed by Professional shall be subject to the Crf Y's review, approval and acceptance as provided in the Contract Documents, but the detailed manner and method of performance shall be under the control of Professional. The accuracy, completeness and scheduling of the Services and the application of proper means and methods for performance of the Services are entirely the responsibility of Professional. Professional shall be solely responsible for hiring, supervising and paying its employees, subcontractors and suppliers. Professional shall be solely responsible for payment of all (i) compensation, including any employment benefits, to its employees, (ii) taxes, including withholding for federal income tax purposes, employment and unemployment taxes, and (iii) such other expenses as may be owed to Professional's employees. However, because Professional 's Services may be associated in the minds of the public with CITY, Professional shall ensure that all Services by its employees, subcontractors and agents are performed in an orderly, responsible and courteous manner. Upon prior notification to and written approval of CITY. Professional may hire subcontractors to perform Services hereunder. Professional shall be responsible to CITY for the performance of all such subcontractors. The CITY reserves the tight, in its sole discretion, to reject the employment by Professional of any subcontractor to which CITY has a reasonable objection. Professional, however, shall not be required to contract with any subcontractor to which it has a reasonable objection. CITY shall require any and all such subcontractors to sign contracts with Professional that bind the subcontractors to perform their subcontracts in Master Seniors Agreement - Engineering Page 3 Version 3.5.2008 accordance with the applicable requirements of the Contract Documents. Upon the request of CITY, Professional shall fumish CITY with copies of such subcontracts. In addition, Professional agrees that it is Professional's responsibility to ensure that such subcontractors make all appropriate tax payments or tax withholding in relation to subcontractors employees providing Services to CITY through Professional under this Contract. Professional represents that it and its subcontractors are fully trained to perform the tasks required by this Contract and that they need no training by the CITY. ARTICLE 10. DESIGNATED PROJECT REPRESENTATIVES (a) City's Designated Representative. The City's Designated Representative for purposes of this Contract shall be designated on each Task Order. The City's Designated Representative shall coordinate all meetings and be authorized to act on City's behalf with respect to the Task Order. City or City's Designated Representative shall participate in all meetings and render decisions in a timely manner pertaining to documents submitted by Professional in order to avoid unreasonable delay in the orderly and sequential progress of Services. (b) Professional's Designated Representative. The Professional's Designated Representative for purposes of this Contract shall be acceptable to the City and designated on each Task Order. The Professional's Designated Representative shall participate in all meetings and be authorized to act on Engineer's behalf with respect to the Task Order. Professional's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by City in order to avoid unreasonable delay in the orderly and sequential progress of Services. (c) The Parties Designated Representatives shall serve as the primary contact person for issues related to work under each Task Order. (d) Changes to a Designated Representative shall be provided in writing by one party to the other. The City retains the right at all times to approve or disapprove the Professional's Project Representative. ARTICLE 11. LICENSES AND PERMITS (a) Professional shall procure and maintain at its expense all licenses and permits necessary for it to perform the Services. (b) Professional shall ensure that its employees and subcontractors and their employees are all properly licensed to perform their respective portions of the Services. ARTICLE 12. GOVERNING LAWS REGULATIONS & STANDARDS (a) This Contract shall be governed, interpreted and enforced under the laws of the State of Texas, without regard to its conflict of law principles. In the event of litigation between the Parties arising out of this Contract issued under it, venue for such litigation shall be in a court of competent jurisdiction in Williamson County, Texas. (b) Professional, its employees, subcontractor's and agents, shall be aware of and shall comply with the Charter of the City of Georgetown and all federal, state and local laws, ordinances, codes (including applicable professional codes) and regulations applicable to the Services, any equipment to be fabricated and delivered and for compliance with standards and codes of technical societies that have been adopted by law or regulation or compliance with which is required to perform the Services.. If any of the Services fails to comply with such laws, ordinances, codes and regulations, Professional shall bear any expense arising from that failure, including the costs to bring the Services into compliance. Professional shall further obtain and maintain all permits and licenses required. if any, for the performance of any Services required hereunder. Master Services Agreement - Engineering Page 4 Version 3.5.2008 ARTICLE 13. INTOXICANTS & DRUGS: EMPLOYEE CONDUCT Professional shall not at any time allow personnel for whom it is responsible on the jobsite if they are under the influence of any substance that may impair their performance. Professional shall promptly remove from the jobsite any person who is or appears to be under the influence of any of these substances or is otherwise unsafe or disorderly. Professional shall ensure that its employees, subcontractors and their employees avoid excessive noise, exceeding speed limits or reckless driving, use of weapons or trespass on land not owned by or under easement to CITY. If private property must be entered or crossed to perform the Services, Professional shall obtain permission from the property owner before entering. ARTICLE 14. RISK OF LOSS (a) Professional shall bear the expense and risk of loss or damage to its work in progress, completed work, materials, equipment and all other incidents of its Services prior to Acceptance of the Services. Professional shall promptly replace or repair any loss or damage to its work at its own expense. In the event of substantial loss or damage due to Force Majeure (see Article 20 for definition), the schedules shall be equitably extended. Professional shall bear the expense of storage space for stored materials, whether on-site or off-site, and shall bear the risk of loss or damage to all such materials. Professional shall take reasonable precautions to protect its work from weather damage. burglary, pilferage, fire, theft and similar hazards. (b) Professional shall bear the risk of loss or damage to its own equipment, tools, supplies and property and those of its subcontractors and suppliers, regardless of the cause of loss or damage throughout the project. ARTICLE 15. WARRANTIES AND STANDARDS (a) Warranty of Title. Professional warrants the title to any goods it delivers to CITY incidental to the performance of the Services and that said goods will be free and clear of all liens, mortgages, security interests or other encumbrances. (b) General Standard of Performance. Professional shall perform all Services in a professional manner consistent with the usual and customary industry standards and to any higher standard required in the Contract Documents. Professional shall correct, without delay and at its own expense, any portion of the Services that does not meet the foregoing standard and that is discovered within one (1) year after Acceptance of the Services by re -performing the defective portion of the Services to the required standard of performance. Any repair, replacement or modification of the Services performed pursuant to the provisions of this paragraph shall be supplied or repaired on the same temps and conditions as provided for herein for the Services. In particular, a new correction period shall apply. Such new correction period shall expire twelve (12) months from the date of such replacement, repair or modification. (c) Intellectual Property Warranty. Professional warrants that the Services, including any deliverables associated therewith, and the processes used in performing them shall not infringe on any valid United States patent, United States copyright, trademark or trade secret. (d) Business Standing Warranty. Professional warrants, represents and agrees that if (i) it is a corporation or limited liability company, then it is a corporation duly organized, validly existing and in good standing under the laws of the State of Texas, or a foreign corporation or limited liability company duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary corporate power and has received all necessary corporate approvals to execute and deliver the Contract, and the individual executing the Contract on behalf of Professional has been duly authorized to act for and bind Professional; or (ii) if it is a partnership, limited partnership or limited liability partnership, then it has all necessary partnership power and has secured all necessary approvals to execute and deliver this Contract and Master Services Agreement - Engineering Page 5 Version 3.5.2008 perform all its obligations hereunder: and the individual executing this Contract on behalf of Professional has been duly authorized to act for and bind Professional. ARTICLE 16. GENERAL INDEMNITY (a) PROFESSIONAL SHALL HOLD THE CITY, ITS AFFILIATES, ITS BOARDS OF DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES (JOINTLY "CLAIMS-), INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF, OR RESULTING FROM OR ARISING UNDER THIS CONTRACT, OR ANY CLAIMED DEFECT IN THE SERVICES, PROVIDED THAT ANY SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT OR GROSSLY NEGLIGENT ACT OR WILLFUL MISCONDUCT OF PROFESSIONAL, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY IT, OR ANYONE FOR WHOSE ACTS IT MAY BE LIABLE. (b) IF THE PARTIES ARE CONCURRENTLY NEGLIGENT, EACH PARTY'S LIABILITY SHALL BE LIMITED TO THAT PORTION OF NEGLIGENCE ATTRIBUTABLE TO IT AS DETERMINED UNDER THE APPLICABLE PROPORTIONATE RESPONSIBILITY RULES OF THE STATE OF TEXAS. (c) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NEITHER PARTY SHALL BE LIABLE TO INDEMNIFY THE OTHER FOR THE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE OTHER. (d) THE FOREGOING INDEMNITY PROVISIONS SHALL BE DEEMED INDEPENDENT COVENANTS AND SHALL SURVIVE COMPLETION OF OR ANY TERMINATION OF THE CONTRACT OR ANY CLAIMED BREACH THEREOF. PROFESSIONAL'S INDEMNITY RESPONSIBILITY AS SPECIFIED IN THIS ARTICLE SHALL NOT INCLUDE SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. ARTICLE 17. INTELLECTUAL PROPERTY INDEMNITY (a) PROFESSIONAL SHALL, AT ITS OWN EXPENSE, DEFEND ALL SUITS OR PROCEEDINGS INSTITUTED AGAINST CITY, ITS AFFILIATES, ITS BOARDS OF DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES BASED UPON ANY CLAIM THAT THE SERVICES, OR ANY PART THEREOF, OR THE PROCESS PERFORMED THEREBY CONSTITUTES AN INFRINGEMENT OF EITHER ANY PATENT OR COPYRIGHT OF THE UNITED STATES OR OF ANY TRADEMARK OR TRADE SECRET PROTECTED BY EITHER FEDERAL OR STATE LAW. PROFESSIONAL SHAII PAY ALL AWARDS OF DAMAGES ASSESSED WHICH RESULT FROM ANY SUCH CLAIM, SUIT OR PROCEEDING AND SHALL INDEMNIFY AND SAVE CITY HARMLESS AGAINST LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), AND DAMAGES RESULTING FROM ANY SUCH CLAIM, SUIT OR PROCEEDING, INCLUDING OBEDIENCE TO RESULTING DECREES AND TO RESULTING COMPROMISES. (b) IF, IN ANY SUCH SUIT, A RESTRAINING ORDER OR TEMPORARY INJUNCTION IS GRANTED, PROFESSIONAL SHALL MAKE. EVERY REASONABLE EFFORT, BY GIVING A SATISFACTORY BOND OR OTHERWISE, TO SECURE THE SUSPENSION OF ANY SUCH RESTRAINING ORDER OR TEMPORARY INJUNCTION. IF, IN ANY SUCH SUIT, THE SERVICES OR ANY PART THEREOF OR THE PROCESS PERFORMED THEREBY IS HELD TO CONSTITUTE AN INFRINGEMENT AND ITS USE BE PERMANENTLY ENJOINED, PROFESSIONAL SHALL AT ONCE MAKE EVERY REASONABLE EFFORT TO SECURE FOR CITY A LICENSE AT PROFESSIONAL'S Master Services Agreement - Engineering Page 6 Version 3.5 2008 EXPENSE AUTHORIZING THE CONTINUED USE OF THE ALLEGED INFRINGING PORTION OF THE SERVICES. IF PROFESSIONAL IS UNABLE TO SECURE SUCH LICENSE WITHIN A REASONABLE TIME, PROFESSIONAL SHALL, AT ITS OWN EXPENSE AND WITHOUT 1MPAIRING PERFORMANCE REQUIREMENTS, EITHER PROVIDE NON -INFRINGING REPLACEMENTS OR MODIFY THE SERVICES TO ELIMINATE THE INFRINGEMENT. IN ADDITION TO INDEMNIFYING AND SAVING CITY HARMLESS, PROFESSIONAL SHALL REIMBURSE CITY FOR ANY COSTS INCURRED AS A RESULT OF THE UNAVAILABILITY OF THE INFRINGING ITEM OR ITS NON - INFRINGING REPLACEMENT. ARTICLE 18. INDEMNITY PROCEDURES Promptly after receipt by any entity entitled to indemnification of notice of the commencement or threatened commencement of any civil, administrative or investigative action or proceeding involving a claim for which the indemnitee seeks indemnification, it shall notify the indemnitor of such claim in writing. No failure to so notify an indemnitor shall relieve the indemnitor of its obligations under this Contract except to the extent that the indemnitor can demonstrate damages attributable to such future. Within fifteen (15) days following receipt of written notice from the indemnitee relating to any claim, but no later than ten (10) days before the date on which any response to a complaint or summons is due, the indemnitor shall assume control of the defense and settlement of that claim. TICLE 19. INSURANCE Professional shall obtain and maintain the insurance coverage specified below on an occurrence -basis and shall provide to CITY a copy of the insurance policies listing the coverage before starting Services. THE COVERAGE SHALL NOT BE CONSTRUED AS ESTABLISHING OR LIMITING PROFESSIONAL'S LIABILITY UNDER THE INDEMNITY PROVISION. Professional for itself and its insurers hereby waives subrogation against CITY, its affiliates, their Boards of Directors, directors, officers, employees and agents with respect to General Liability, Auto and Workers Compensation insurance. Professional's failure to maintain the required insurance coverage at any time during the Contract period may be grounds for CITY to suspend the Contract and withhold payment until insurance coverage is satisfactory. In addition to any other required information, all insurance policies must contain the applicable purchase order number and project title. Failure to famish or update (as applicable) insurance policies that comply with CITY requirements may result in retraction of a contract award, or suspension or termination for breach of contract. The Professional's insurance coverage shall be primary insurance with respect to the City, its affiliates, their boards of directors, officers, agents, employees and volunteers. Any insurance or self-insurance maintained by the City, its affiliates, their boards of directors, officers, agents, employees and volunteers, shall be considered in excess of the Professional's insurance and shall not contribute to it. The Professional shall include all subcontractors as additional insureds under his policies or shall fimtish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. General Liability, Automobile Liability, and Professional Liability insurance shall be written by a carrier with an A: VIII or better rating in accordance with the current Best Key Rating Guide. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. Master Services Agreement - Engineering Page 7 Version 3.5.2008 The City, its affiliates, their boards of directors, officers, agents and employees are to be added as "Additional Insured" on all policies other than the Workers' Compensation. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, or volunteers. A Waiver of Subrogation in favor of the City of Georgetown with respect to Workers' Compensation insurance must be included. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Georgetown. Type of Insurance (a) Workers' Compensation Coverage A - Coverage B - (b) General Liability Bodily Injury Bodily Injury Property Damage (c) Automobile Liability Minimum Coveraee statutory $ 250,000 employer's liability $ 500,000 per person $1,000,000 per occurrence $1,000,000 per occurrence (including owned or leased vehicles) Bodily Injury $1,000,000 per occurrence Property Damage $ 500,000 per occurrence The automobile liability coverage shall apply to owned, non -owned, hired and leased vehicles. (d) Professional Liability $1,000,000 per occurrence. With approval of the City's Risk Manager, a Claims Made Policy may be accepted for Professional Liability Insurance, provided that the deductible limit shall not exceed Twenty Five Thousand Dollars ($25,000). (e) Copies of Policies. Before Services begin, a copy of the policies for all required insurance shall be filed with the CITY Purchasing Agent. (f) Other Insurance. Other or different insurance requirements shall be specified in a Task Order. ARTICLE 20. FORCE MAJEURE (a) The nonperformance or delayed performance by Professional or CITY of any obligation under the Contract shall be excused if such nonperformance or delay is caused by an event beyond the control of the affected Party ("Force Majeure"), except to the extent that Professional knew of or should reasonably have been able to foresee such an event and failed to take reasonable measures to avoid the event. Items beyond the control of the Parties include, but are not limited to: acts of war, acts of a public enemy, acts of domestic or foreign terrorism, natural disasters, strikes, epidemics or quarantine restrictions, riot, or sabotage and acts of civil or military authority having jurisdiction. Muter Services Agreeureat - Engineering Page 8 Version 3.5.2008 (b) Upon occurrence of a Force Majeure event, the date for performance of the Services shall be extended for a period equal to the time lost by reason of the delay, provided Professional or CITY has taken reasonable steps to proceed with the performance of the Contract and has made written notification of such delay and of any corrective action taken. Professional shall not be entitled to any increase in compensation by reason of Force Majuere. (c) The following delays shall not constitute excusable delays in performance by Professional and shall not constitute a reason for extending the date for performance of the Services: (1) Delays by subcontractors or by suppliers for reasons other than Force Majeure: (2) Delays in approval of documentation because of inadequate performance or to unrealistic approval schedules; or (3) Delays caused by Professional's lack of sufficient personnel with the necessary skills. ARTICLE 21. GENERAL_ SAFETY, ENVIRONMENTAL AND SITE OPERATIONS REQUIREMENTS (a) General. Professional, its employees and subcontractors shall perform all work required by this Contract in a safe and healthy manner. During the course of the work, the Professional shall comply with and enforce all laws, rules, regulations and industry practices applicable to worker safety and health. (b) Scope of Health and Safety Requirements. Professional will manage all of Professional's employees and subcontractors on site and will be accountable for their employees' and subcontractors' performance with respect to health and safety. (c) Mandatory Health and Safety Conditions. (1) Training/Qualification - Professional, its employees and subcontractors performing work on site shall be properly trained and qualified to perform the work they are expected to perform, and have received the necessary certifications and other credentials necessary to perform the work, as required. (2) Safety Orientation — Professional shall ensure all of its employees and subcontractors on site shall attend a safety orientation prior to the start of work. If any workers fail to attend the initial safety orientation, Professional shall designate an employee (e.g., site superintendent) to provide the orientation before those workers shall be allowed to start work All safety orientations shall be documented and maintained for inspection. Safety orientation is only required once unless otherwise needed, or the Scope of Work changes. (d) Warnings & Barricades. Professional shall furnish, erect and maintain warning notices, signs, signals, lights, protective guards, enclosures, platforms and other devices as necessary to adequately protect all personnel on site; including but not limited to employees, subcontractors, other professionals, CITY workers and the public. (e) Personal Protective Equipment (PPE) & Safety Equipment. Professional shall ensure all contract employees and subcontractors are trained on and equipped with appropriate PPE and safety equipment (Le. lanyards, harnesses, monitoring equipment, rescue equipment fire extinguishers, etc.). (f) Periodic Inspections. Professional shall conduct regular health and safety inspections of the work area(s) and work being performed. CTrY, or its agent, reserves the right to inspect the work site(s) at any time and without prior notice to Professional. (g) Safety Communications Master Services Agreement - Engineering Page 9 Version 3.52008 (1) Safety meetings — Professional shall ensure that all hazards and protective measures associated with the work being performed on site are properly communicated to all personnel on site. Professional shall conduct regular health and safety meetings. A copy of the minutes of such meetings shall be submitted to CnY, upon request. Professional is responsible for providing an interpreter if necessary to ensure its commmnications are understood by all workers. (2) Communications with CITY - The City's Designated Representative shall be the point of communication for all safety and health issues arising under this Contract. Professional shall communicate with the City's Designated Representative in the event of any of the following conditions: • Professional shall inform City's Designated Representative twenty-four (24) hours prior to any activity that could adversely affect a business organization. Examples of these "activities" include but are not limited to welding, painting, fire protection, system maintenance/mTAur and any activity impacting emergency systems/egress routes. City's Designated Representative will make all reasonable efforts to inform any parties potentially impacted by the activities. • Professional shall immediately inform the City's Designated Representative of all federal, state and local safety inspections, citations and penalties associated with the work. • Professional shall immediately notify the City's Designated Representative by verbal, person to person communication, in the event of any incident that results in a death, serious bodily injury or serious property damage related to any aspect of the project. Minor incidents and near -misses must be promptly communicated to the Project Contact • Professional shall investigate all incidents resulting in personal injury or illness, property damage, or near -misses to determine the root causes and shall take appropriate action to eliminate such causes. A copy of the final investigation report shall be promptly submitted to the Project Contact (3) Coordination with Other Officials — Professional is fully responsible for coordinating with the proper authorities for moving heavy equipment, location of underground utilities, erecting barricades. traffic control and other safety measures, unless otherwise specified. (4) Communications %ith Media Restricted - In the event of an accident or other condition on site, Professional shall not communicate with the media or any other entity without the expressed consent of the CITY. (h) SUSPENSION OF WORK AND LIMITATION OF LIABILITY. CITY RESERVES THE RIGHT THROUGH THE CITY'S DESIGNATED REPRESENTATIVE TO SUSPEND ALL OR ANY PORTION OF THE WORK BEING PERFORMED IN VIOLATION OF THESE PROVISIONS. CITY SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) WARRANTY OR UNDER ANY OTHER LEGAL THEORY) FOR JUDGMENTS, DAMAGES, COSTS OR EXPENSES RELATED TO ANY SUSPENSION OR STOPPAGE OF WORK, LOSS OF BUSINESS, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH ANY FAILURE ON THE PROFESSIONAL'S PART TO ESTABLISH, ENFORCE OR ADEQUATELY MONITOR ITS HEALTH AND SAFETY PROGRAM. (i) Preliminary Submittals. Within ten (10) days after the effective date of the Contract and no later than the preconstruction conference, Professional shall submit to City's Designated Representative for review: (1) A letter designating onsite safety representative for general safety and specific activities; and (2) If applicable, a site safety plan to include plans for specific activities. Master Services Agreement - Engineering Page 10 Version 3.5.2008 0) Other Requirements. Professional shall promptly settle rightful claims from counties, municipalities or private parties for road damage caused by trucks or heavy equipment driven to and from the job sites by third party property by Professional, subcontractors or suppliers, or employees of any of them. If Professional fails to settle such claims promptly, CITY shall have the right to settle the claims and withhold the amount paid plus CITY's costs and expenses from Professional's payments under the Contract. (k) Environmental. Professional is solely responsible for all costs incurred by CITY for any spills or leaks caused by Professional or its subcontractors or consultants during performance of, or in connection with the Services. Without limiting the foregoing sentence, Professional shall be responsible for all costs incurred to contain, remediate and restore the site of the spill according to applicable state and federal laws and regulations, and if on CITY's property, according to CITY s requirements. CITY shall be responsible for all notifications required by federal, state or local law or regulation. The CITY shall identify to Professional the site supervisor (if applicable) and facility environmental manager (if applicable). Professional shall immediately notify the site supervisor, City's Designated Representative and the facility environmental manager with the nature and location of the spill. Professional shall provide a written report to CITY whose representative shall identify the substance, quantity released, location of the spill and perform clean up and remediation activities. If the spill occurs off the CITY's property, then the Professional shall also notify the CITY of any agencies notified and the representatives of the agencies contacted. The report shall be a narrative that summarizes on -scene activity and remediation efforts. If long-term remediation will be required, it shall be noted in the report. The initial report shall be provided to CITY within 24 hours after the incident. Follow-up reports shall be provided to CITY weekly until remediation efforts have been completed and the spill has been properly remediated. PROFESSIONAL SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY AND ALL LIABILITIES, INCLUDING, BUT NOT LIMITED TO, REMEDIATION COSTS, FINES, PENALTIES, COURT COSTS AND ATTORNEYS' FEES RESULTING FROM SPELLS, RELEASES, IMPROPER HANDLING AND/OR DISPOSAL OF WASTES BY PROFESSIONAL, ITS SUBCONTRACTORS AND/OR CONSULTANTS. ()) Confined Space Entry. Professional will perform confined space entries in strict accordance with OSHA 1910.146 Confined Space Standard. All Professional entries will be performed under the guidelines of the contractor's confined space program, which should include but not be limited to, all required personnel training, confined space monitoring and evaluation, entry tag system or any personnel protective equipment required by confined space conditions. All entries will be coordinated with the City's Designated Representative or System Operations Dispatcher to assure proper isolation and/or de -energizing of the confined space is performed. (m) Surplus Material. Unless otherwise directed through written instructions issued by CITY, Professional shall promptly remove all excess surplus material from the job site. Final payment for performance of the work shall not be due and payable until such materials are removed from the job site. If surplus materials are not removed from the job site within thirty (30) days of completion of the work, CITY may dispose of the materials and offset the cost associated with disposal against the unpaid balance of the Contract price. (n) Cleaning Jobsite. Professional shall clean the job site daily. (o) Facility Equipment Clearance and Lock Out Procedures. Facility Equipment Clearance and Lock Out Procedures shall be followed. Clearances shall be acquired by Professional and CITY personnel when required prior to performing work on any equipment. Professional shall be responsible for providing company locks. Professional's locks shall be clearly identified and shall have a tag for employee to print name. Master Services Agreement - Engineering Page 1 l Version 3.5.2008 ARTICLE 22. ASSIGNMENT This Contract is to be considered a personal Services Contract. Professional may not assign this Contract without the consent of CrrY. Any permitted assignee must notify the CITY in writing that it accepts the assignment on the same terms and conditions contained in this Contract. No permitted assignment shall limit Professional's responsibility for performance of this Contract. Attempted assignment or delegation of this Contract, including obligations under it, without the written consent of CITY shall be void, and not merely voidable. ARTICLE 23. OWNERSHIP OF DELIVERABLES (a) The Parties agree that such items as plans, drawings, photographs, designs, studies, specifications, data, computer programs, schedules, technical reports or other work products which are developed and specified to be delivered under this Contract and which are paid for by CITY are considered instruments of services in respect of the Contract, but are subject to the rights of the CITY under this Contract. These rights include, but are not limited to the right to use, duplicate and disclose such items, in whole or in part, for the purpose of completing, maintaining and operating any building, structure, plant equipment or system that may result from the performance of this Contract. If an item produced by Professional is copyrightable, Professional may copyright it, subject however to the rights of the CITY under this Contract. CITY is hereby granted and assigned a royalty free, non-exclusive, and irrevocable license to reproduce, publish, modify and use such items and to authorize others to do so solely for CITY's business purposes. Professional shall include in its subcontractor and consultant contracts, appropriate provisions to achieve the purposes set out here. (b) Intellectual property and rights to intellectual property owned by any Party on the date of this Contract shall remain the property of that Parry. (c) PROFESSIONAL DOES NOT REPRESENT OR WARRANT THAT ANY DELIVERABLES WILL BE SUITABLE FOR REUSE ON ANY OTHER PROJECT. PROFESSIONAL DISCLAIMS LIABILITY FOR ANY REUSE OF THE DELIVERABLES ON ANY OTHER PROJECT THAT IS DONE WITHOUT THE EXPLICIT, WRITTEN APPROVAL OF THE PROFESSIONAL. ARTICLE 24. TERMINATION FOR CONVENIENCE (a) CrrY shall have the right to terminate this Contract for its convenience at any time. After receipt of the notice of termination, the Professional shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due at that point in the Contract: (1) Stop all ongoing Services; (2) Place no further subcontracts or orders for materials or Services; (3) Terminate all subcontracts; (4) Cancel all materials and equipment orders, as applicable; and (5) Take any action that is necessary to protect and preserve all property related to this Contract that is in the possession of the Professional. (b) In the event of a termination under paragraph (a) of this Article, CITY shall pay equitable termination charges, including payment for portions of Services completed and materials purchased, profit on completed portions, and out-of-pocket costs that have been reasonably incurred by Professional as a result of terminating this Contract. CrrY shall not be liable in connection with any termination under this Article for special, incidental, consequential or punitive damages, or for loss of anticipated future Master Services Agreement - Engineering Page 12 Version 3.5.2008 Services, anticipated profits, administrative costs or overhead on anticipated Services, or other indirect costs. ARTICLE 25. TERMINATION FOR CAUSE (a) The occurrence of any one or more of the following events will constitute an event of default: (I) Professional's persistent failure to perform the Services in accordance with the Contract Documents (including, but not limited to, failure to supply sufficiently skilled workers, suitable materials or equipment, or to adhere to project schedules as adjusted from time to time pursuant by the Parties); (2) Professional's disregard of applicable laws or regulations; (3) Professional's disregard of the authority of CITY's Designated Representative; (4) Professional's violation in any material way of any provisions of the Contract Documents; (5) Failure of Professional to pay subcontractors and/or material suppliers; or (6) Professional's violation of CITY's Ethics Ordinance (City Code of Ordinances Chapter 2.26) or any ethics policies that are applicable to City employees). (b) If one or more of the events identified in paragraph (a) occur, CITY may terminate this Contract if after giving Professional (and the surety, if any) seven (7) calendar days prior written notice, unless such event of default shall have been cured. (c) If this Contract has been so terminated by CITY, the termination will not affect any rights or remedies of CITY against Professional or any surety then existing or which may thereafter accrue. No retention or payment of moneys due Professional by CITY will release Professional from liability. (d) In such a circumstance, CITY shall notify Professional in writing of the termination, with copies of the notice to CITY'sjobsite personnel. ARTICLE 26. SUSPENSION (a) CITY may, at any time and at its sole option, suspend all or any portions of the Services to be performed under this Contract by providing ten (10) calendar days written notice to the Professional. Upon receipt of any such notice, Professional shall: (1) Immediately discontinue the Services on the date and to the extent specified in the notice; (2) Place no further orders or subcontracts for materials, Services or facilities with respect to the suspended portion of the Services, other than to the extent necessary to protect any portion of the Services already performed; (3) Promptly make every reasonable effort to obtain suspension, upon terms satisfactory to CITY, of all orders, subcontracts and rental agreements to the extent that they relate to performance of the portion of Services suspended by the notice: (4) Continue to protect and maintain the portion of the Services already completed, including the portion of the Services suspended hereunder, unless otherwise specifically stated in the notice; and (5) Continue to perform Professional's obligations for the portions of the Services not suspended. (b) As full compensation for such suspension, Professional will be reimbursed for the following costs, reasonably incurred, without duplication of any item, to the extent that such costs actually result from such suspension of Services. Master Services Agreement - Engineering Page 13 Version 3.5.2008 (1) A reasonable standby charge to be negotiated between CITY and the Professional sufficient to compensate Professional for keeping (to the extent required in the notice) its organization and equipment committed to the Services in a standby status; (2) All reasonable costs associated with demobilization of Professional's facility, forces and equipment; and (3) A reasonable amount to be negotiated between CITY and the Professional to reimburse the Professional for the cost of maintaining and protecting that portion of the Services upon which activities have been suspended. (c) Upon receipt of notice to restart the suspended portion of the Services, Professional shall immediately resume performance on the suspended portion of the Services to the extent required in the notice. Within fourteen (14) calendar days after receipt of notice to restart the suspended portion of the Services, the Professional shall submit a revised schedule for approval by CITY. If, as a result of any suspension, the cost to Professional of subsequently performing the Services or the time required to do so is changed, a claim for an adjustment in the Contract price may be trade. Any claim on the part of Professional for change in price or extension of time shall be made in accordance with this Contract. ARTICLE 27. DISPUTE RESOLUTION The Parties agree that in the event of a dispute concerning the performance or non-performance of any obligations flowing from or as a result of this Contract and prior to the initiation of any litigation, the Parties will voluntarily submit the dispute to an agreed mediation center or mediator for mediation as though it were referred through the operation of the Texas Alternative Dispute Resolution Procedures Act, Title 7, Chapter 154, TEX. CIV. PRAC. & REM. ANN., (Vernon's 1986). No record, evidence, statement or declaration resulting from or in connection with such alternate dispute resolution procedure may be used in evidence in subsequent litigation except to demonstrate that this Article has been complied with in good faith by a Party. Professional shall proceed diligently with performance of the Contract, pending final resolution of any request for relief, claim, appeal, or action arising under the Contract. ARTICLE 28. NOTICES All notices or other communications required under this Contract must be made in writing and sent either by personal delivery, registered or certified mail (in each case with return receipt requested and postage prepaid), nationally recognized overnight courier (with all fees prepaid), facsimile, or e-mail the other Party. Changes to name or address for notice are not effective unless they are in writing and provided to the other party in the same manner as other notices under this Contract. Notice -is effective only sent using one of the methods specified above and if actually received. CITY: City of Georgetown Attn: Thomas R. Benz, P.E., Systems Engineering Manager P.O. Box 409 Georgetown, TX 78626 Fax No.: 512-930-3559 E-Mail:tbenz@.georgeto%ntx.org Master Services Agreement - Engineering Version 3.5.2008 PROFESSIONAL: Fugro Consultants, Inc Attn: Tim Martin 8613 Cross Park Drive Austin Texas 78754 Fax No.: 512-973-9565 E -Mail: tmartin(aMirgro.com Page 14 with a copy to: Marsha Iwers P.O. Box 409 Georgetown, TX 78626 Fax No. 512-930-9027 E-Mail:mei@georgetowntx.org ARTICLE 29. TITLES AND SECTION HEADINGS The titles and section headings of this Contract are included for convenience only and shall not be deemed to constitute a part of this Contract. ARTICLE 30. INTERPRETATION AND RELIANCE While this Contract form was initiated by CITY, Professional had the opportunity to take exception to and seek clarification of it. Thus, this Contract is the product of negotiations between the Parties. No presumption will apply in favor of any Party in the interpretation of this Contract or in resolution of any ambiguity of any provision. ARTICLE 31. FAILURE TO ACT No action or failure to act by either Party shall be a waiver of a right or duty afforded under the Contract, nor shall such action or failure to act constitute a breach of this Contract, except as specifically agreed to in writing. ARTICLE 32. CONTRACT NON-EXCLUSIVE The Contract is not exclusive. Professional has the right to perform Services for others during the term of the Contract, and CIIY has the right to hire others to perform the same or similar tasks. ARTICLE 33. TEURD PARTY BENEFICIARIES There are no third party beneficiaries to this Contract and the provisions of this Contract shall not create any legal or equitable right, remedy or claim enforceable by any person, firm or organization other than the Parties and their permitted successors and permitted assigns. ARTICLE 34. MITIGATION OF DAMAGES In all cases the Party establishing or alleging a breach of contract or a right to be indemnified in accordance with this Contract shall be under a duty to take all necessary measures to mitigate the loss which has occurred, provided that it can do so without unreasonable inconvenience or cost. ARTICLE 35. SEVERABHJW This Contract is severable and if any one or more parts of it are found to be invalid, such invalidity shall not affect the remainder of this Contract if it can be given effect without the invalid parts. Master Services Agreement - Engineering Page 15 Version 3.5.2008 ARTICLE 36. NON -COLLUSION• PROHIBITED FINANCIAL INTERESTS; PROHIBITED POLITICAL INFLUENCES Professional warrants that he/she/it has not cmploved or retained any company or persons, other than a bona fide employee working solely for Professional, to solicit or secure this Contract, and that the/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduce from the contract price or compensation, or to otherwise recover, the fiill amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Professional covenants and represents that Professional, his/her/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 for the construction of the project. Professional hereby represents and warrants to City, with the intention that City rely on this representation in entering this Contract, that no portion of any payment to Professional by City pursuant to this Contract shall be: (i) used as a bribe, kickback, rebate, or illegal political contribution of the purpose of obtaining political influence; or (ii) in violation of applicable regulations, tax laws or regulations or other laws of any jurisdiction. Professional hereby represents and warrants to City that Professional shall not perform any work or services for a third party that is potentially or actually related to, connected to, a part of, or integral to the work or services that it has performed is or is performing for the City under a Task Order. Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to the attention of the City, and Professional agrees that the City shall be the sole judge as to whether a conflict or potential conflict of interest with work for private parties or Developer work exists. If in the judgment of the City such a conflict or potential conflict between City work and Developer work exists, then Professional agrees to terminate all work under the affected Task Order(s) immediately and that it shall not be eligible for payment for such services. ARTICLE 37. INTEGRATION & CONTRACT MODIFICATION This Contract, including its exhibits and Task Orders issued pursuant to it, contains the entire and integrated agreement between Professional and CITY as to their subject matter and supersedes all prior negotiations, correspondence, understandings, representations and agreements, written or oral, related to it. In case of conflict between the terms and conditions of this Contract and those of any standard sales forms presented by Professional or such forms appearing in or referenced by Professional's bid or proposal, the terms and conditions of this Contract shall prevail. The terms and conditions of this Contract can be modified only by a writing signed by an authorized representative of both Professional and CITY. ARTICLE 38. APPROVAL Task Orders that exceed $15,000 (either initially or through a change order) must be approved by the City Council before they become effective. Change orders to Task Orders or contracts must be approved by the City Council if they exceed $15,000, either separately or in the aggregate. Change orders and Task Orders must be executed by an authorized representative of each Party. The City may unilaterally adjust the dollar amounts in this Article based on changes in state law or in Council approved purchasing and contracting policies; notice of any such adjustments shall be provided to Professional. M aster Services Agreement - Engineering Page lb Version 3.5.2008 ARTICLE 39. SECURITY AT CITY JOB SITE Professional shall provide a list of names of its and its subcontractor's employees to the CITY project manager prior to commencing work at any CITY facility. The employee will only be allowed on any CITY job site, if the employee is able to show photo identification and their name is on the list. Any addition or deletion must be provided to the CITY project manager. THE CITY OF GEORGETOWN, TEXAS: By: Name: Gary Nelon Title: Mayor Date: ATTEST: Sandra D. Lee, City Secretary APPROVED AS TO FORM: Patricia E. Carls, City Attorney Attachment A — Task Order PROFESSIONAL: Furgro Consultants. Inc. Name: Tim Martin Title: Senior Project Manger Date: .5�/�� Master Services Agreement - Engineering Page 17 Version 3.5.2008 ATTACHMENT A TASK ORDER City's Designated Representative City of Georgetown P.O. Box 409 Georgetown, Texas 78627 General Description of Services or Project: City Provided Information or Work: The City shall provide the following services or perform the following work (describe): Any documents or information related to the Work/Services provided by the City to the Professional, including, without limitation, engineering studies, maps, reports, filed data, notes, plans, diagrams, sketches, or maps (the 'Information") is and shall remain the property of the City, and Professional shall have no ownership or other interest in same. The Professional shall deliver to the City, if requested, a written itemized receipt for the Information, and shall be responsible for its safe keeping and shall return it to the City, upon request, in as good condition as when received, normal wear and tear excepted. Scope of Work: (describe in detail using additional or separate sheets if necessary): Muter Services Agreement - Engineering Attachment A Version 1.31.2008 Page 1 Statement Regarding Non -Collusion; Prohibited Financial Interests; Prohibited Political Influences: (Per Article 36 in the Master Service Agreement): Professional hereby represents and warrants to City that Professional shall not perform any work or services for a third party that is potentially or actually related to, connected to, a part of, or integral to the work or services that it has performed is or is performing for the City under this Task Order. Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to the attention of the City, and Professional agrees that the City shall be the sole judge as to whether a conflict or potential conflict of interest with work for private parties or Developer work exists. If in the judgment of the City such a conflict or potential conflict between City work and Developer work exists, then Professional agrees to terminate all work under the affected Task Order(s) immediately and that it shall not be eligible for payment for such services. Compensation: (Pick one) tl Time and Materials urith Amount Not to Exceed: - Services to be provided at rates shown on Exhibit B in an amount not to exceed $ DOLLARS and CENTS. Lump Sum: Services to be provided at rates shown on Exhibit B in an amount not to exceed $ DOLLARS and ZERO CENTS. APPROVED: CITY OF GEORGETOWN By: Title: City Designated Representative Address: Master Senices Agreement - Engineering Version 1.31.2008 PROFESSIONAL 0 Name: Title: Professional Designated Representative Address: Phone: Fax: Attachment A Page 2 Council meeting date: May 27, 2008 Item No. — p� AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to approve Task Order No.1 with Fugro Consulting, Inc., pursuant to the terms of the Master Services Agreement, for professional services related to the Pavement Management Data Collection and Evaluation, Capital Improvement Plan Development and Street Cut Permitting Policy Development Project for an amount of $149,560.00. ITEM SUMMARY: The City has contracted with Fugro Consultants, Inc., the for Pavement Management Data Collection and Evaluation, Capital Improvement Plan Development and Street Cut Permitting Policy Development Project. Under this task order, the Engineer will perform pavement condition surveys and acquisition of pavement imagery and analysis on the city's roadway network consisting of approximately 264 centerline miles of street segments; input data and analyses into the CarteGraph PAVEMENTview Plus Pavement Management System; update the overall pavement condition index score for the City; train key staff members to be able to evaluate and input future pavement condition data into the PAVEMENTview module; develop a five year annual roadway maintenance plan; and develop a Policy for Street Cut Permitting and Management. SPECIAL CONSIDERATIONS: None FINANCIAL IMPACT: Funds for this expenditure are budgeted in the Street CIP: Fund Cost Budget 203-9-0880-90-048 Pavement Mgmt. System $149,560.00 $150,000.00 BOARD RECOMMENDATION: GTAB recommends approval of Task Order No.1 with Fugro Consultants, Inc., in the amount of $149,560.00. STAFF RECOMMENDATION: Staff recommends approval of Task Order No.1 with Fugro Consultants, Inc., in the amount of $149,560.00. COMMENTS: None. ATTACHMENTS: Task Order No.1 Submitted By: Bill Dryden, P.E. Transportation E Jim Briggs Assistant City Manager for Utility Operations Pavement Management Data Collection & Evaluation Capital Improvement Plan Development and Street Cut Permitting Policy Development Task Order No. l May 7, 2008 Mr. Tom Benz City of Georgetown P.O. Box 409 Georgetown, Texas 78626 Description of Services: The services include the data collection of 280 miles with one pass using automated data collection equipment. Data collection includes distress and profile data. Data will be uploaded into the CarteGraph PavementView Plus software for calculation of PCI scores. Maintenance and Rehabilitation policies will be updated and a 5 -year analysis with 3 different budget types will be conducted. The scores and repair recommendations will be tied to the City GIS and provided to the City. The City will overlay the utility services planned and the resulting list of sections for rehabilitation and reconstruction will be provided for the CIP development which will include site visits to confirm the type of work required and costs developed for those services. A Street Cut Permit Policy will be developed and will provide the procedures, referred specifications and assessed fee. Results of which will be provided for Cities review and approval. Project Overview: The City has requested an updated condition survey in accordance with GASB 34 requirements. This will allow the City to assess the adequacy of their funding and optimize the allocation of existing funds. The project will result in maintenance and rehabilitation recommendations as well as a development of a CIP considering upcoming utility work. To address the impact of utilities on the condition of the roadway network, the City has requested that a Street Cut Permitting Policy be developed. This will be done to assess an appropriate fee for utility cuts as well as a procedure for applying for permission for street cut and utility repair. Scope of Services: The services under this Contract include the following phases of work: Phase I Coordination and Inventory Data Gathering (GIS and existing PMS) Phase H Data Collection, QC and Upload (Distress, Profile) Phase III Develop Initial Strategies (5 -Year Plan, M&R Strategies, Budget Analysis) Phase IV Capital Improvement Plan Development Phase V Cut Permit Policy Development Phase VI GIS and Final Report City Provided Information or Services: City shall provide the following information or services: GIS with the updated inventory information (street name, length, widths, construction dates) CarteGraph Database Maintenance and Rehabilitation History List of desire thaintenance and rehabilitation options Services: Professional shall perform or provide the services described in the attached proposal. Master Services Agreement — Pngineering Pagel Version 10.17.07 Proposed Project Team: Fugro Consultants, Inc Halff & Associate, Inc., w/ assistance from Sledge Engineering Work Schedule: The schedule for the Services to be performed by the Professional is as follows: The July 1, 2008, deadline for pavement condition scores is dependant on the approval and notice to proceed by May 16, 2008. Project Schedule is provided in the attached proposal on page 13. Other Insurance: Insurance Certificates available upon request. Compensation: Fugro Consultants, Inc., proposes to perform these services in the amount of $149.560 (One Hundred Forty Nine Thousand, Five Hundred Sixty and No Cents) based on its fees provided in the attached proposal. The attached proposal includes the 2008 Fee Schedule, with standard hourly rates. The City will reimburse subcontractor fees and other reimbursable expenses at actual cost (pass through). Phase I Coordination and Inventory Data Gathering (GIS and existing PMS) $17,500 Phase II Data Collection, QC and Upload (Distress, Profile) $37,500 Phase III Develop Initial Strategies (5 -Year Plan, M&R Strategies, Budget Analysis) $12,700 Phase IV Capital Improvement Plan Development $46,000 Phase V Cut Permit Policy Development $20,000 Phase VI GIS and Final Report $15,860 APPROVED: CITY OF GEORGETOWN IM Name: Title: Mayor Address: P.O. Box 409 Master Services Agreement — Engineering Version 10.17.07 Page 2 Total: $149,560 PROFESSIONAL Fugro Consultants, Inc. Name: Timothy J. Martin Title: Senior Project Manager Address: 8613 Cross Park Drive Austin, TX 78754 Phone: (512) 977-1800 Fax: (512)973-9565 E -Mail: TMartin@fu rg o.com Date: 5/7/2008 Georgetown, TX 78627-0409 Phone: (512) 930-3651 Fax: (512)930-3659 E -Mail: Slee@georeetowntx.org Date: Master Services Agreement — Engineering Version 10.17.07 Page 2 Total: $149,560 PROFESSIONAL Fugro Consultants, Inc. Name: Timothy J. Martin Title: Senior Project Manager Address: 8613 Cross Park Drive Austin, TX 78754 Phone: (512) 977-1800 Fax: (512)973-9565 E -Mail: TMartin@fu rg o.com Date: 5/7/2008 Mr. Bill Dryden, P.E. City of Georgetown Transportation Engineer 300-1 Industrial Ave. Georgetown, TX 78626 Proposal No. 3208-0030 May 7, 2008 Proposal for Conducting Pavement Management Data Collection and Evaluation, Capital Improvement Plan Development and Permitting Policy Development For City of Georgetown, Texas Submitted here is our proposal to provide the City of Georgetown's with the services requested in the Request for Qualifications. We propose to provide the following services in six phases: Phase I — Coordination and Inventory Data Gathering (GIS and existing PMS) Phase II — Data Collection, QC and Upload (Distress, Profile) by July 1 Phase III — Develop Initial Strategies (5 -Year Plan, M&R Strategies, Budget Analysis) Phase IV — Capital Improvement Plan Development Phase V — Cut Permit Policy Development Phase VI — GIS and Final Report The following sections of this proposal describe the scope of our services, an estimated schedule of completion and a cost estimate for the engineering services to be provided. Phase I — Coordination and Inventory Data Gathering Phase I consists of several tasks. Each one is crucial to the data collection process. In this phase we plan on conducting the following tasks: Task 1 - Gather Inventory Information and Assess Adequacy Task 2 - Conduct Monthly Progress Meetings Task 1 In an effort to minimize the costs of the data collection effort, Fugro will assist the City of Georgetown to identify discrepancies between data sets of their inventory. These data sets include those from the existing CarteGraph PavementView Database of inventory information for the City streets and GIS data files. Prior identification of discrepancies reduces difficulties in identifying roadways and their section limits during the data collection effort and also reduces the amount of time post -processing the data collected. Once the data sets are consistent, Fugro will begin the data collection effort. Fugro will also update the inventory information from records provided by the City. This will include annexed sections and new construction since the 2005 survey. Maintenance and Rehabilitation records will also be updated into the CarteGraph PavementView Plus software. Task 2 During the project, conference calls will be made as necessary through the course of the contract. One meeting with the City in Georgetown will be conducted for the final deliverables. It is important to have full participation from the different personnel affected by the data collection, processing and use of the PMS and GIS. The coordination with the City of Georgetown and project team are included in this task. Phase II — Data Collection, QC and Upload Phase II covers the collection of distress data and profile data. Automated Distress data will be collected on approximately 280 lane miles of pavement in the cities road network. Digital images will be collected of the pavement surface. Four distresses will be extracted from the images: 1.) Alligator Cracking, 2.) Block Cracking 3.) Longitudinal Cracking and 4.) Transverse Cracking in accordance with the "PAVER" distress definitions developed by the Corps of Engineers (COE). Standard Definitions for these distresses are included in ASTM E 1778 — Standard Terminology Relating to Pavement Distress. If additional distresses are requested, manual review of the images will be required. These may include raveling, bleeding, potholes and patching for paved roadways. No provision has been provided for the collection of this additional information. Digital images will be stored and transferred to the City on portable Universal Serial Bus (USB) Drive(s). The images can be used for subsequent evaluations and comparisons as deemed appropriate by the City. The purpose of the automated distress data collection is to determine the general distress characteristics of each of the roadway segments in this project. The automated distress data collection will be performed in accordance with ASTM Standard E-1656 (Standard Guide for Classification of Automated Pavement Condition Survey Equipment), utilizing a Class 1 device as defined by the specifications. Transverse Profile data is collected using a five -sensor profiler to locate the presence of ruts or other irregularities in the cross slope of the city roads. The purpose of the transverse profile testing is to determine the rutting characteristics of each of the roadway segments profiled. The transverse profile data collection will be performed in accordance with ASTM Standard E-1656 (Standard Guide for Classification of Automated Pavement Condition Survey Equipment and ASTM Test Standard E950 (Standard Test Method for Measuring Longitudinal Profile of Traveled Surfaces with an Accelerometer Established Inertial Profiling Reference). Transverse profile is collected every 50 feet and summarized as an average "rut depth" for each wheel path over the roadway segment. Longitudinal Profile data can be collected simultaneously with the Transverse Profile of the network at 0.5 -foot intervals throughout the length of each section selected in each direction and summarized at 0.10 -mile intervals to provide International Roughness Indices (IRI) throughout the network. The collected IRI values will be reported as an average IRI value for each roadway segment. The purpose of the longitudinal profile -testing program is to determine the general ride characteristics of each of the roadway segments profiled. The longitudinal profile -testing program will be performed in accordance with ASTM Test Standard E950 (Standard Test Method for Measuring Longitudinal Profile of Traveled Surfaces with an Accelerometer Established Inertial Profiling Reference), utilizing a Class 1 device as defined by the specifications. Fugro conducts quality control measures in the field, which have been beneficial to meet the project objectives. These procedures are standard practice for our automated data collection services. Software for viewing the pavement images will be provided free to the City for their subsequent review. The automated procedure is repeatable and consistent. It also provides images that can be used for quality assurance and archival purposes. Fugro can reprocess the images at any time. The capability of reprocessing the images allows the City great flexibility to obtain distress data from the images using different distress protocols, should the City ever wish to switch pavement management systems or severity definitions now or in the future. The automated approach also provides a standard methodology to determine the rutting and roughness of the pavement. Once all of the data is collected, the distress and profile information will be uploaded into the chosen pavement management system. This will be conducted prior to July 1 to provide condition scores for each of the pavement sections in Georgetown's roadway network. Phase III — Develop Strategies Phase III covers the following: Task 1 — Development of maintenance and rehabilitation strategies Task 2 — 5 -year work plan Task 1 The City of Georgetown has several effective maintenance and rehabilitation strategies it currently uses. Fugro offers a wealth of experience and current research in pavement preservation strategies that will be provided to improve existing maintenance and rehabilitation alternatives and provide additional alternatives found to be beneficial. Analysis of the performance of existing maintenance and rehabilitation alternatives will provide information required to determine the proper selection, optimal timing of treatments and application. Recommended improvements to the maintenance and rehabilitation alternatives will be provided for approval of the City. While no time has been budgeted in our estimate, the performance of previous treatments can be determined through the tracking of the condition scores over time. This project is the second round of data collection for the City of Georgetown. While this is a limited set of condition data, the initial performance trends for different treatments could be determined with sufficient records of past maintenance and rehabilitation. Task 2 A five-year work plan will be developed based on the current and projected City budget and the pavement condition and types of distress present. The CarteGraph PavementView software will be utilized for this purpose. Phase IV — Capital Improvement Plan Development Phase IV covers the development of a five year capital improvement plan, which involves the following tasks: Task 1 — Conduct a site visit of each street identified by the Pavement Management System for rehabilitation or reconstruction to assess items necessary for the CIP Task 2 — Develop costs for each Capital Improvement Project Task 1 The site visit will be required to obtain information on the condition of drainage, curb & gutter, sidewalks, driveways, and other topographical features within the right of way that will be considered in the development of the capital improvement plan. This visit will include capturing photos of damaged assets, and all infrastructure within the right of way that could be included in the Capital Improvement Plan. The budget is only for 10 streets of 1 -mile length. The City will provide a listing of the roadways selected for rehabilitation that also have planned utility work. This will be conducted by the City using the GIS provided by Fugro with a treatment layer and their own records on the planned utility activities. The result will be a listing of streets for review for CIP development and costing. Task 2 Based upon the information of the site visit, recommended pavement treatment, condition of the existing assets along the roadway, a capital improvement plan will be developed and submitted to the City of Georgetown for their review and approval. The CIP will prioritize the projects and include estimated project costs. Phase V — Cut Permit Policy Development Phase five will begin immediately following the notice to proceed. Fugro will review all existing records and past reports developed for cut permit and impacts of utility patches on roadway conditions. Fugro already has sufficient information to develop a cut permit policy. The final product will include a summary of existing policies as well as the one recommended by Fugro. It is recommended that the findings be submitted to the City for review. The final recommendations will be based on an approved policy by the City of Georgetown. The final product will include the development of cut permit forms and procedures as well as an assessed fee developed using the impact of the utility cut on the condition of the roadway. The procedures for utility cuts will be included that refer to existing patching specifications. This does not include the development of any utility cut repair details or traffic control details. Phase VI — GIS and Final Report The final phase of this project will focus on the report of the information collected and analyzed. This includes the following tasks: Task 1 — Preparation of GIS maps indicating the condition and ride scores Task 2 — Final report including the data collection procedures, listing and scores of the pavement network, and all tasks under phase III Task 1 Fugro will utilize the current GIS base map provided by the City of Georgetown during its data collection. Fugro will correct discrepancies between the base map and the pavement management system. Currently the City has a desire to use the GIS as the ground truth for this exercise. It is recommended, from a pavement management perspective, to maintain the existing sectioning of the system unless rehabilitation activities have warranted partitioning existing sections. This should be reflected in the final GIS files. The final GIS files and maps will be provided to the City upon completion for their use. Task 2 A data collection report will be prepared that will document all fieldwork, ride statistics and the distress data summaries. All data, test results, and pertinent information will be provided in the report. This will include the following, as a minimum: 1. A general summary of the designated roadways, and field notes about any anomalies that might have influenced the results of the collected data; results of all field investigations, including all automated distress and profile test results. 2. Summary statistics (PCI, IRI and roadway features) for each section of roadway. We will provide a 5 -year and 10 -year plan and effects of various budgets on the network condition. A description of the capabilities of the chosen pavement management system will also be included in the report. Schedule We will complete the data collection within 15 working days (following receipt of a written authorization to proceed) and completion of the database QC. Due to limitations of the automated data collection and analysis process, days where there is visible moisture on the pavement in the City of Georgetown due to rain will not be counted as working days. Within 25 working days a database of pavement distresses and pavement condition indices by roadway segment will be provided (prior to July 1). The inventory and inspection information will be transferred into the Pavement Management Database for the roadways analyzed. The analyses, reporting, capital improvement plan, and cut permit policy will be completed by August 30, 2008. Cost Estimate Based on the scope of work outlined above an estimated cost for these services are provided below. FUGRO CONSULTANTS, INC. COST ESTIMATE City of Georgetown Pavement Condition Survey Project Date: May 5, 2008 Phase I — Coordination and Inventory Data Gathering Task 1 - Gather Inventory Information and Assess Adequacy Task 2 - Conduct Monthly Progress Meetings and Coordination Phase II — Data Collection, QC and Upload Task 1 — Collect Pavement Distress and Profile Data Phase III — Develop Strategies Task 1 — Development of maintenance and rehabilitation strategies Task 2 — 5 -year work plan Phase IV — Capital Improvement Plan Task 1 — Conduct site visits (assuming 10 roadway segments 1 mile in length) Task 2 — Develop costs for each Capital Improvement Project Phase V — Cut Permit Policy Development Task 1 — Development of Cut Permit Policy Phase VI — GIS and Final Report Task 1 — Preparation of GIS maps indicating the condition and ride scores with quality assurance of same Task 2 — Final report including the data collection procedures, listing and scores of the pavement network, and all tasks under phase III Total $9,500.00 ',: $37,500.00 $5,950.00 $6,750.00 $7,000.00 $39,000.00 $20,000.00 $5,900.00 $9,960.00 $149,560.00 The estimated fee is based on our understanding of the pavement consulting services anticipated. This estimation may be exceeded if changes in work are required or requested. The estimated maximum fee will not be exceeded however, without the client's prior authorization. Terms and Conditions Schedule 40.01 describes general contractual conditions including identification of client, on-site responsibilities and risks, warranty, invoicing procedures and record maintenance. Fee Schedule 2004 and 40.01 are attached to this proposal. Fees for additional services not presented in this proposal will be invoiced in accordance with Fee Schedule 2004. To indicate acceptance of this proposal, please have the signature block below signed by a duly authorized representative of the Client, and return one copy to us for our files. Whoever signs below is identified as our Client as used throughout the Master Service Agreement. We appreciate the opportunity to submit this proposed scope and look forward to working with you on this project. Please call if we may be of any additional assistance. CLIENT: Sincerely, Fugro Consultants, Inc. Timothy J. Martin, P.E. Senior Project Manager ........................................................................ Firm Name ........................................................................ Authorizing Signature ........................................................................ Typed Name and Title ................................................... Date FUGRO FEE SCHEDULE FOR PAVEMENT ENGINEERING SERVICES January 2008 1. Field Investigation 1.1. Mobilization and Demobilization, Per Mobilization $ 3.50 / Mile 1.2. Automated Pavement Distress Data Collection $325.00 / Hour 1.3. Pavement Profile Testing (Longitudinal and Transverse) $275.00 / Hour 1.4. NonDestructive Pavement Testing $120.00 / Hour 2.5. 1.4.1 Falling Weight Deflectometer (Daytime) $250.00 / Hour 2.6. 1.4.2 Falling Weight Deflectometer (Nighttime) $275.00 / Hour 2.7. 1.4.3 Heavy Weight Deflectometer (Daytime) $275.00 / Hour 2.8. 1.4.4 Heavy Weight Deflectometer (Nighttime) $300.00 / Hour 1.4.5 Ground Penetrating Radar $250.00 / Hour 1.5. Video Edge Drain Inspection $200.00 / Hour 1.6. Hourly Charges: Field Coordination, Layout, and Other Reasons Beyond Fugro Control $200.00 / Hour 1.7. Traffic Control $350.00 / Hour 1.8. Per Diem: Out -of -Town Assignments, Per Person $125.00 / Night 1.9. Transportation for Personnel $ 0.505 /Mile 2. Engineering, Technical, and Support Personnel 2.1. Senior Consultant $240.00 / Hour 2.2. Senior Project Manager $220.00 / Hour 2.3. Project Manager $160.00 / Hour 2.4. Project Engineer $120.00 / Hour 2.5. Graduate Engineer $100.00 / Hour 2.6. Senior Engineering Technician $100.00 / Hour 2.7. Technician and Draftsperson $ 70.00 /Hour 2.8. Administrative Support $ 65.00 /Hour 3. Outside Services (Special Printing, etc.) 3.1. Outside Services and Subconsultants Cost + 15% Notes: (1) Minimum call -out cbarge for technician and equipment is 2 hours. Charges are accrued portal to portal. (2) Transportation charges are applicable for all field testing assignments including sample pick-up. (3) Overtime charge for Field Technician for hours in excess of 40/week or 8/day will be billed at the rate shown plus $10.00/hour. Rates for other tests and services quoted upon request. Agenda Item Check List Elamm Financial Impact Agenda Item: Pavement Mamagement Evaluation Program Agenda Item Subject: Consideration and possible action to approve Task Order No. 1 with Fugro Consulting, Inc., pursuant to the terms of the Master Services Agreement, for professional services related to the Pavement Management Data Collection and Evaluation, Capital Improvement Plan Development and Street Cut Permitting Policy Development Project for an amount of $149,560.00. Is this a Capital Improvement 0 Yes O No Project: Council Date: 05/27/2008 link to Agenda database => Need Help? Was it budgeted? 0 Yes O No Is it within the approved budgeted amount? 0 Yes O No If not, where is the money coming from? GIL Account Number 203-9-0880-90-048 Amount Going to Council $ 149,560.00 Is there something (budgeted) that won't get O Yes 0 No done because you are spending these funds? If so, please explain. Will this have an impact on the next year's O Yes • No budget? If so, please explain. Does this project have future revenue O Yes 0 No impact? Year: Department: If so, how? Identify all on-going costs (i.e., insurance, annual maintenance fees, licenses, operational costs, etc...). Estimated staff hours: Cross -divisional impact: O Yes 0 No If so, what division(s)? Prepared by: Bill Dryden Date: 05/22/2008 Igenda Item Checklist: In Process Lara Approval Cycle Settings Council meeting date: May 27, 2008 Item No7l 3 AGENDA ITEM COVER SHEET SUBtECT: Consideration and possible action to approve removal of one 39 -inch heritage live oak tree with replacement of 40 caliper inches of disease resistant trees and shrubs as part of the College Street Bridge Project. ITEM SUMMARY: The City has contracted with Aguirre -Fields, LP, for the design of the CollegeStreet Bridge. During the design of the project, it became apparent that one 39 -inch heritage live oak tree needed removal as part of construction. Backugund: This project had been on the TxDOT Off -System Bridge Replacement Program for design and construction, but with the rescinding of TxDOT engineering funding, the City agreed to provide the engineering to keep the project on the August 2008 TxDOT Letting Schedule. The construction plans and documents are at the 95% level and have been submittal to TxDOT for final review in advance of the August bid opening. Along the realignment of East Morrow Street, there is a 39 -inch heritage live oak tree. Both City staff and the design engineers have evaluated various alternatives to avoid removal of the tree, but the most economically feasible design alternative alignment would require removal. The proposal for removal has been presented to both the Parks Board and GTAB including a commitment of "good faith replacement of disease resistant trees and shrubs" during project construction. Each board has recommended the removal of the tree with the good faith replacement as part of their motions— Parks by unanimous vote, GTAB, by a vote of 3 to 1. SPECIAL CONSIDERATIONS: None FINANCIAL IMPACT: Any costs will be included in the project construction costs. BOARD RECOMMENDATIONS: The Parks Board recommends that the City construction project of the College Street Bridge be permitted to remove the tree with good faith replacement of disease resistant trees and shrubs. (Recommendation approved unanimously May 8, 2008). GTAB Board recommends that the tree be removed in accordance with the Parks Board recommendation. (Approved three in favor and one opposed, two absent, May 12, 2008). STAFF RECOMMENDATION: Staff recommends removal of the tree as part of the College Street Bridge Project with installation of 40 caliper inches of trees and shrubbery as part of the construction of the project. COMMENTS: None. ATTACHMENTS: Presentation Submitted By: P. )im Briggs, :mngineering Assistant City Manager for Utility Operations I PRO EW OW I PRO ♦ ��+ :� lsi 4NM GEORG[TOWN .y'.ty„ 5. wp „ Act TEXAS 0 80 160 i.. xt. t. . .. 39• HERITAGE IJVE ry Lpa' 'raj+� Proposed Bridge Alignment Emu IMFMO Ik E, MOP11OW STI IN IN -%� NATURAL GROUND __"_Fl BRIDGE SECnON,, 011 ' ♦ < 01 51 10, 20' Ol TEXAS 0 30 60 .. _ t FF—'----� 'CSO r o 'P o .C� R K f Proposed East a Morrow Street na Alignment WU �.. '�� J� iri 'n4 t ' J +. •0.;^n Wv'.'�'4'y�"� a SfI ! irii I 4 FAll t •pR d,1'�I SY•� ,S�f, y�YYy �v7��. �,_p'yy1 �tT 4M,aL �r�1i •. 4• �• "nl�i •.•y '!Ir ..N>� 1`. .. n0{c'n 7�� 1�•. D„{ ��. I(r�r�il'•' k`' �,�.g Yyk •m'4"'� •_ .{• ° ,�: . 7. '. 6 -.� -c��Y.�i,F$- k $j xAl. � s 6"�� ' .Y"��f \r �� t �sp •�L yf� ! . •� • '}lam . '4 •c �!• • • • . • ' �d .. rl°K a $y'�yT, + r �'n � kyr /!.:' I - ?��` tJ°� yy�', �lv Y - .a, Y,ra+, �. •. r..f,* .t Y i� 4 •J' IN / f< + w � Ailv ') �' F ti u �R ry "Al Ilk 16, , Ti Y t�. , ` 14 1 FA. Atilt a - C jly f} up 9 � O P XT + w � Ailv ') �' F ti u �R ry "Al Ilk 16, , Ti Y t�. , ` 14 1 FA. Atilt a - C jly f} up 9 � O P Agenda Item: Agenda Item Check List Financial Impact Heritage Tree Removal Agenda Item Subject: Consideration and possible recommendation to approve removal of one 39 -inch heritage live oak tree with replacement of 40 caliper inches of disease resistant trees and shrubs as part of the College Street Bridge Project Is this a Capital Improvement Yes No Project: Council Date: Was it budgeted? 05/27/2008 link to Agenda database => Need Help? Is it within the approved budgeted amount? If not, where is the money coming from? G/L Account Number Amount Going to Council Is there something (budgeted) that won't get done because you are spending these funds? If so, please explain. Will this have an impact on the next year's budget? If so, please explain. Does this project have future revenue impact? Yes 0 No Yes 0 No Cost will be contained within the Project Construction Cos Yes 0 No Yes • No Yes • No Year: Department: If so, how? Identify all on-going costs (i.e., insurance, annual maintenance fees, licenses, operational costs, etc...). Estimated staff hours: Cross -divisional impact: Yes 0 No If so, what division(s)? Prepared by: Bill Dryden Date: 05/21/2008 A nda Item Checklist. In Process pprovers itle ssigned[Notified eceived talus Changer Jim Briggs Assistant City Manager 05/21/2008 10:49:14 AM 05121/2006 10:49:14 AM 5/21/2008 12:09:34 PM 05/21/2008 12:1 Micki Rundell Director of Finance and A 05/21/2008 12:10:36 PM 05/21/2008 12:10:36 PM - Approval Cycle Settings Council Meeting Date: May 27, 2008 Item No. �- AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action for the award bid for the purchase of pre -assembled overhead line capacitors and controls to KBS Electrical Distributors of Austin, Texas in the estimated amount of $62,044.00. ITEM SUMMARY: Bids were received for the capacitor units and controls as specified in bid package #28041. Irby was the low bidder but they did not meet the required specifications, so staff is recommending the award of this bid to the seconded lowest bidder meeting specifications, KBS Electrical Distributors of Austin, Texas, as designated on the attached bid tabulation. These capacitors and controls on this bid will be installed on the overhead electric system as a planned project for system power factor correction and voltage adjustments. Material will be ordered as a one-time order. SPECIAL CONSIDERATIONS: None FINANCIAL IMPACT: Funds for this expenditure are budgeted in the Electric Capital Improvement Project Funds. Fund Cost Budeet 610-9-0580-90-113 $62,044.00 $79,000.00 Capacitor Additions GUS BOARD RECOMMENDATION: This item was recommended by the GUS Board for Council approval at the May 20, 2008, GUS Board meeting. COMMENTS: NONE ATTACHMENTS: 1. Bid Tabulation Submitted By: Ken Arnold, Energy Services Director Jim Briggs, ACM for Utility Operations CITY OF GEORGETOWN CAPACITOR EQUIPMENT BID NO. 28041 POWER POWER EST. TECHLINE TECHLINE WESCO WESCO IRBY IRBY SUPPLY SUPPLY KBS KBS DESCRIPTION QTY Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Brand Bid Maysteel ABB Cooper Maysteel Cooper Capacitor Rack, 6 $ 6,577.00 $ 39,462.00 $ 6,944.00 $ 41,664.00 $ 5,305.00 $ 31,830.00 $ 7,200.00 $ 43,200.00 $ 5,415.75 $ 32,494.50 600 KVAR, 24.94KV Capacitor Rack, 4 $ 5,875.00 $ 23,500.00 $ 6,900.00 $ 27,600.00 $ 4,851.00 $ 19,404.00 $ 6,550.00 $ 26,200.00 $ 4,952.25 $ 19,809.00 600 KVAR, 12.47 KV Cooper/Cannon Capacitor 11 $ 883.00 $ 9,713.00 $ 1,194.00 $ 13,134.00 $ 850.00 $ 9,350.00 $ 975.00 $ 10,725.00 $ 885.50 $ 9,740.50 TOTAL 'Did not meet specifications - incomplete bid. 2Low bid meeting specifications No Bid: Elliott TEC $72,675.00 $82,398.00 $60,584.00' $80,125.00 $62,044.00' Agenda Item: Agenda Item Check List i[I N�I Financial Impact Capacitor Additions Agenda Item Subject: Consideration and possible action for the award bid for the purchase of pre -assembled overhead line capacitors and controls to KBS Electrical Distributors of Austin, Texas in the estimated amount of $62,044,00. Is this a Capital Improvement Project: Council Date: Was it budgeted? 0 Yes No 05/27/2008 link to Agenda database => Need Help? Is it within the approved budgeted amount? If not, where is the money coming from? GIL Account Number Amount Going to Council Is there something (budgeted) that won't get done because you are spending these funds? If so, please explain. Will this have an impact on the next year's budget? If so, please explain. Does this project have future revenue impact? Year: 2008 • Yes i No • Yes '1 No 610-9-0580-90-113 $ 62,044.00 Yes • No Yes ID No • Yes No Department: Georgetown Utility Systems If so, how? It improves system power factor and efficiency thereby reducing power purchases. Identity all on-going costs (i.e., insurance, annual maintenance fees, licenses, operational costs, etc...). Estimated staff hours: 186 Cross -divisional impact: Yes • No If so, what division(s)? Prepared by: Kenneth Arnold Date: 05/22/2008 Approval Cycle Settings Council Meeting Date: May 27, 2008 Item No. 11 -el AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to award a contract to Landmark Structures LLP of Fort Worth, Texas for the construction of the 1.25 MG Escalera Elevated Storage Tank in the amount of $2,161,000.00. ITEM SUMMARY: The proposed project includes construction of a 1.00 million gallon elevated storage tank in the Escalera subdivision. The storage tank will serve the 1178' pressure plane covering the southwestern portion of the water service area. Once completed, Parkside MUD and Mayfield MUD will reimburse the City for their proportional cost of elevated storage. The bid was structured such that the cost of an additional .25 million gallons of elevated storage could be added to the base bid. The per gallon cost of the additional storage tank volume is such that the tank should be constructed at the 1.25 MG size. The low bidder, Landmark Structures, LLP is one of two nationwide tank construction companies. They have recently completed tank projects in the central Texas area, and constructed the City's Jennings Branch EST in 2004. Therefore, staff believes Landmark Structures, LLP is qualified to construct this project. SPECIAL CONSIDERATIONS: NONE FINANCIAL IMPACT: Funds for this project are budgeted in the Water CIP. Developer participation of 40% of the total cost of the project is outlined in the Water Utility Services Agreements with Parkside at Mayfield MUD and Highlands at Mayfield MUD. Payment by the MUDs is to be made no later than June 30, 2009. Fund cost Bud¢et 660-9-0580-90-119 Escalera EST $ 1,393,200.00 $1,725,000.00 Less previously approved Engineering ($ 161,000.00) Developer Participation (FY 08/09) $ 928.800.00 $ 928.800.00 $2,161,000.00 $2,653,800.00 G°rc- GUS BOARD RECOMMENDATION: This item was recommended by the GUS Board for Council approval at the May 20, 2008, GUS Board meeting. STAFF RECOMMENDATION, The staff recommends awarding the contract for the construction of the Escalera EST to Landmark Structures LLP of Fort Worth, Texas for $2,161,000.00. ATTACHMENTS: Engineer Recommendation Letter Bid Tab Submitted By: Glenn Dishong, Water Services I Jim Briggs, ACM for Utility Operations May 13, 2008 Mr. Michael Hallmark CITY OF GEORGETOWN 300-1 Industrial Avenue Georgetown, Texas 78627 Re: Recommendation of Award Escalera Ranch Elevated Water Storage Tank Dear Mr. Hallmark: After review of the bids, statement of bidders experience, qualifications and references, we recommend awarding the construction contract on this project to the low bidder, Landmark Structures I, L.P. Their low base bid for this project was $1,978,000.00 for a 1 million gallon (MG) storage tank, and their alternate bid for a 1.25 MG storage tank was $2,156,000.00. Each of these bids was lower than the next low bidder, CB&I. Landmark Structures statement of experience indicates an excellent history of constructing composite elevated storage tanks, including the City of Georgetovtm's Jennings Branch 1.25 MG storage tank completed in 2004. In the past five (5) years, Landmark has completed over 15 storage tanks per year in this size range. In addition to accepting the low base bid, the City of Georgetown should consider accepting Landmark's alternate bid for the additional 0.25 MG of storage capacity. If you have any questions, please feel free to call me. Sincerely, V Fred Ramirez, RE FR:nb cc: o:10686-5-0081051208 amard remmmendalionRiAm Engineers • Surveyors • GIS 9 Planning Project: Escalera _Ranch Description: Elevated Water Storage Tank Owner. City of Georgetown .lob Number: 0686-5-008 Bid Date: May 08, 2008 laid been BID TABULATION _-....nch — --— landnurk Smrctmee 1, I_P. CB&L 101- Fort ocFat Worth, TX The Woodlands, TX Bid Bond? Yes Bid Bood? Yes . Addendum#1_ Y. _ I_ Addendum#1 Yu 1 Insurance, Bonds and Move -In Related I LS $95,000 595,000 SI001000.00 2 Trench Safety Plan Implementation 988 LF $1.00 $988 $2.50 3 Supply, Installation, disinfection and testing of 16 -Inch ductile Iron 988 LF 5150.00 $148,200.00 SI50.00 pipe 51,797.112.00 52,007,430.00 4 Gate Valves 5 EA $5,000.00 5251000.00 $4,500.00 5 Furnish, CplstmCt, and install a 1MG Elevated storage tank, 1 LS 51,555,812.00 $1355,812.00 $1,662,430.00 Including coatings 6 Concrete driveway, asphalt driveway and two course treatmer 1 LS 130,000.00 5301000.00 $52,0110.00 7 Fire Hydrant 3 EA $5,000.00 $15,000.00 54,100.00 8 Furnish, Install, and Maintain Temporary Tree Protection I LS S5.000.00 55,000.00 $7,500.00 9 Furnish, Install, and Maintain Sift Fence l00o LF $2.00 $2,000.00 5230 10 Furnish, Install, and Maintain Stabilized COnstNdion Entrance I EA $1,000.00 51,000.00 $1,100.00 11 Furnish and Install, Electrical system, including conduit, wiring, I LS 5601000.00 $60.000.00 563,000.00 and lighting 12 Furnish and Install a Control Panel Completely assembled with 1 LS 340,000.00 340,000.00 $25,000.00 radio control, backup power, and communication TOTAL AMOUNT BASE BID $197$000.110 ALTERNATE BID 13-ALI Furnish, construct, and install a 1.25 MG Elevated storage tank I IS 51,733,612.00 $1,733,81290 31,962,430.00 $1962,430.00 14 -AL 30 -inch diameter bore and steel encasement too LF $585.00 35$500.00 5425.00 $42,500.00 15-ALI Furnish, and install flinch Caliper trees for replacement S EA $1.000.00 $5,000.00 $500.00 $2,500.00 TOTAL ALTERNATE BID 51,797.112.00 52,007,430.00 ICB&1 Bid Error 52,001,930.00 a: 10686-5-00818IOTAB-Fsra1era Srorage Torik.XLS Bakes.Airklen d Anociaru, lnc. Agenda Item Check List M4 Financial Impact Agenda Item: Leander EST Bid Award Agenda Item Subject: Consideration and possible recommendation to award a contract to Landmark Structures LLP of Fort Worth, Texas for the construction of the 1.25 MG Escalera Elevated Storage Tank in the amount of $2,161,000.00. Is this a Capital Improvement Yes No Project: Council Date: 05/27/2008 link to Agenda database => lc� Need Hein"� Was it budgeted? • Yes No Is it within the approved budgeted amount? 0 Yes No If not, where is the money coming from? G/L Account Number 660-9-0580-90-119 Amount Going to Council $ 2,161,000,00 Is there something (budgeted) that won't get Yes 0 No done because you are spending these funds? If so, please explain. Will this have an impact on the next year's Yes 0 No budget? If so, please explain. Does this project have future revenue Yes No impact? Year: Department: If so, how? Identify all on-going costs (i.e., insurance, annual maintenance fees, licenses, operational costs, etc...). Estimated staff hours: Cross -divisional impact: If so, what division(s)9 Will increase annual O&M budget starting in 09110 for tank inspections, electricity, and fuel for station checks by crews. Cost will be offset at least in part by reduction in electrical cost to operate the Leander Pump Station. Yes • No Prepared by: Glenn DishongDate: 05/19/2008 4 enda hem Checklist: Approved on 05/20/2008 %pprovers itle ssignecl lNotified eceived tatus Changec Jim Briggs Assistant City Manager 05/19/2008 09:54:51 AM 05/19/2008 09:54:51 AM 5/20/2008 09:35:59 AM 05/20/2008 09:3 Jose Lara Utility Financial Analyst 05/20/2008 09:36:44 AM 05/20/2008 09:36:44 AM 5/20/2008 09:59:22 AM 0520/2008 09:5 Approval Cycle Settings