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Agenda_GUS_04.13.2018
Notice of Meeting for the Georgetown Utility System Adv isory Board and the Gov erning Body of the City of Georgetown April 13, 2018 at 2:00 PM at Georgetown Municipal Complex, 300-1 Industrial Av enue, Georgetown TX The City o f G eo rgeto wn is committed to comp lianc e with the Americans with Dis abilities Ac t (ADA). If yo u req uire as s is tanc e in participating at a p ublic meeting d ue to a disability, as d efined und er the ADA, reas onab le as s is tance, ad ap tatio ns , or acc o mmo d ations will b e provid ed up o n req uest. P leas e c o ntact the City Sec retary's Office, at leas t three (3) days prior to the sc hed uled meeting d ate, at (512) 930-3652 o r City Hall at 113 Eas t 8th Street fo r add itional info rmation; TTY us ers ro ute through Relay Texas at 711. Regular Session (This Regular S es s io n may, at any time, b e rec es s ed to convene an Exec utive S es s io n fo r any p urpose authorized b y the Op en Meetings Act, Texas Go vernment Co d e 551.) A Call to Ord er The Board may, at any time, rec es s the R egular S es s io n to convene in Exec utive S es s io n at the reques t of the Chair, a Board Memb er, the City Manager, As s is tant City Manager, G eneral Manager of Utilities, City Co uncil Member, o r legal c o uns el for any p urpos e authorized b y the Op en Meetings Act, Texas Government C o d e Chapter 551, and are s ubjec t to actio n in the Regular Ses s ion that follows . B Introduction of Vis itors Emp lo yee R ec ognitio n -- None submitted at time o f posting C Ap ril 2018 GUS Bo ard Up d ates and Marc h Counc il Ac tion Wesley Wright, P.E., Sys tems Engineering Direc tor/Michael Hallmark, CIP Manager. D Ind ustry Up d ates Legislativ e Regular Agenda E Review and p o s s ib le ac tion to approve the minutes from the regular GUS Bo ard meeting held on Marc h 9, 2018. - Sheila K. Mitchell, GUS Board Liais o n F Co nsideration and possible recommendatio n to ap p ro ve Task Order KPA-18-008 with Kasberg, Patric k & As s o ciates , LP of Geo rgeto wn, Texas , for p ro fes s io nal s ervic es related to the 2018 EARZ Wastewater Rehabilitatio n Area 1 in the amo unt o f $375,395.00 - Wesley Wright, P.E., Sys tems Engineering Directo r/Mic hael Hallmark, CIP Manager. G Co nsideration and possible recommendatio n to ap p ro ve a c o ntract amendment with Archer Western Co nstruc tio n, LLC . o f Irving, Texas for Domel Pump S tatio n Imp ro vements in the amo unt o f $100,000.00 – Wes ley Wright, P.E., Systems Engineering Directo r/Mic hael Hallmark, CIP Manager. H Co nsideration and possible recommendatio n o n an Elec tric S ervic e Agreement with Waypoint Austin Page 1 of 65 Georgetown Owner, LLC fo r the p ro p os ed Es traya Ap artments -- Wesley Wright, P.E., Sys tems Engineering Directo r Adjournment CERTIFICATE OF POSTING I, Shelley No wling, C ity S ecretary fo r the C ity of Geo rgeto wn, Texas , d o hereby c ertify that this Notice of Meeting was p o s ted at City Hall, 113 E. 8th Street, a p lace read ily acc es s ible to the general p ublic at all times , on the ______ d ay o f __________________, 2018, at __________, and remained so p o s ted fo r at leas t 72 c o ntinuo us ho urs p receding the sc heduled time o f s aid meeting. ____________________________________ S helley No wling, City Sec retary Page 2 of 65 City of Georgetown, Texas Utility System Advisory Board April 13, 2018 SUBJECT: Call to Ord er The Bo ard may, at any time, recess the Regular Ses s ion to c o nvene in Exec utive Ses s ion at the req uest of the Chair, a Bo ard Member, the City Manager, As s is tant City Manager, General Manager o f Utilities , City Counc il Memb er, or legal counsel fo r any purp o s e autho rized by the Op en Meetings Ac t, Texas Go vernment Code Chap ter 551, and are s ub jec t to ac tion in the Regular Ses s io n that fo llo ws. ITEM SUMMARY: FINANCIAL IMPACT: N/A SUBMITTED BY: Page 3 of 65 City of Georgetown, Texas Utility System Advisory Board April 13, 2018 SUBJECT: April 2018 GUS Board Updates and Marc h C o uncil Actio n Wes ley Wright, P.E., S ystems Engineering Direc to r/Mic hael Hallmark, CIP Manager. ITEM SUMMARY: GUS Item Update C o versheet Ap ril 2018 Airport GST Rehab. Pre-co n was held o n 11/16/17. Rehab has begun, interio r weld ing c omplete, s and b las ting 90% c o mplete Berry Creek Wastewater Interceptor Engineering approved by GUS Bo ard 5/15 & City Co uncil 5/15. Final Des ign P lans are 90% c o mplete & eas ements are 30% comp lete. Boring Samples b eing taken Braun Elevated Storage Tank (EST) Engineering Tas k Ord er approved by GUS Board 12/8/17 & City C o unc il o n 12/12/17 Bid in Fall of 2018 CR 255 Recommended b y GUS 10/09/15, ap p ro ved b y CC on 10/27/15. Preliminary Cons tructio n Plans are near 80% complete & Eas ements 50% c o mp lete Domel Pump Station NTP is s ued to Archer Western 7/17/17 DI pipe header installed /tes ted & being b ackfilled , crews forming up pump station slab EARZ 2017 Crews c o mp leted p ip e burs ting & currently rehab b ing manholes in the Sun City area off Dove Ho llow. S un C ity P IO offic e up d ated weekly on sc hedule/loc ations EARZ 2018 – Area 1 Tas k Order goes to GUS Board fo r ap p ro val 4/3/18 & City Co uncil 4/24/18 Lake WTP Chemical Storage Improvements Tas k Order ap p ro ved b y GUS Board 12/8/17 & City Co uncil 12/12/17. Tentatively o ut for Bid Summer 2018 Lake WTP Raw Water Intake & Pump Station Improvements Bid Opening 4/17/18 & Bid No. 201814 Mission Oaks Offsite Water Line In Des ign Phas e estimated to Bid late Summer 2018 Park Lift Station Tas k Order recommend ed by GUS 2/10/17& ap p ro ved b y City Co unc il 2/18/17. 90% Design Plans being reviewed by S taff, Bids S ummer o f 2018 Pastor Pump Station GUS Board ap p ro ved Contrac t with Arc her Wes tern 3/9/18 and Co unc il ap p ro ved 3/27/18, NOA issued 3/28/18 Pecan Branch WWTP NTP 7/17/17, Aeratio n Bas in & Clarifier s labs completed , walls b eing ins talled on Clarifier 3 & 4 San Gabriel Wastewater Treatment Plant – Belt Press Page 4 of 65 Tas k Order ap p ro ved b y GUS Board 3/9/18 & b y City Counc il 3/27/18. Bids February 2019 Shell Road Water line Final Des ign P lans are 90% complete & Eas ements are 60% complete Sun City 2.0 MG Elevated Storage Tank Pre-co n held. NT P issued for 12/18/17. S ubmittals b eing reviewed & c rews mo b ilized in Marc h 2018 Water Tank Rehab- 2018 CDM Tas k Ord er rec o mmended b y GUS Bo ard 12/8/17 & approved b y Counc il 12/12/17 Tentatively Out fo r Bid Summer 2018 Westinghouse Regional Lift Station NTP – 1/3/17. Co ntro l Valve b eing ins talled at S tonehedge Lift & Wes tinghous e Lift MCC & generator tes ted with P unchList c reated , final p ainting & startup Ap ril 2018 March Council Action -- attached FINANCIAL IMPACT: N/A SUBMITTED BY: Wes ley Wright, P.E., S ystems Engineering Direc to r/Mic hael Hallmark, CIP Manager. ATTACHMENTS: Description Type April 2018 GUS Board Updates Cover Memo March Council Action Backup Material Page 5 of 65 GUS Item Update Coversheet April 2018 Airport GST Rehab. Pre-con was held on 11/16/17. Rehab has begun, interior welding complete, sand blasting 90% complete Berry Creek Wastewater Interceptor Engineering approved by GUS Board 5/15 & City Council 5/15. Final Design Plans are 90% complete & easements are 30% complete. Boring Samples being taken Braun Elevated Storage Tank (EST) Engineering Task Order approved by GUS Board 12/8/17 & City Council on 12/12/17 Bid in Fall of 2018 CR 255 Recommended by GUS 10/09/15, approved by CC on 10/27/15. Preliminary Construction Plans are near 80% complete & Easements 50% complete Domel Pump Station NTP issued to Archer Western 7/17/17 DI pipe header installed/tested & being backfilled, crews forming up pump station slab EARZ 2017 Crews completed pipe bursting & currently rehabbing manholes in the Sun City area off Dove Hollow. Sun City PIO office updated weekly on schedule/locations EARZ 2018 – Area 1 Task Order goes to GUS Board for approval 4/3/18 & City Council 4/24/18 Lake WTP Chemical Storage Improvements Task Order approved by GUS Board 12/8/17 & City Council 12/12/17. Tentatively out for Bid Summer 2018 Lake WTP Raw Water Intake & Pump Station Improvements Bid Opening 4/17/18 & Bid No. 201814 Mission Oaks Offsite Water Line In Design Phase estimated to Bid late Summer 2018 Page 6 of 65 Park Lift Station Task Order recommended by GUS 2/10/17& approved by City Council 2/18/17. 90% Design Plans being reviewed by Staff, Bids Summer of 2018 Pastor Pump Station GUS Board approved Contract with Archer Western 3/9/18 and Council approved 3/27/18, NOA issued 3/28/18 Pecan Branch WWTP NTP 7/17/17, Aeration Basin & Clarifier slabs completed, walls being installed on Clarifier 3 & 4 San Gabriel Wastewater Treatment Plant – Belt Press Task Order approved by GUS Board 3/9/18 & by City Council 3/27/18. Bids February 2019 Shell Road Water line Final Design Plans are 90% complete & Easements are 60% complete Sun City 2.0 MG Elevated Storage Tank Pre-con held. NTP issued for 12/18/17. Submittals being reviewed & crews mobilized in March 2018 Water Tank Rehab- 2018 CDM Task Order recommended by GUS Board 12/8/17 & approved by Council 12/12/17 Tentatively Out for Bid Summer 2018 Westinghouse Regional Lift Station NTP – 1/3/17. Control Valve being installed at Stonehedge Lift & Westinghouse Lift MCC & generator tested with PunchList created, final painting & startup April 2018 Page 7 of 65 Project: Airport GST Rehab Project# 2CQ Update – April 2018 Project Description: This project will consist of the rehabilitation of the ground storage tank used to provide reclaim water to Sun City Golf Courses. Purpose: The purpose of this project is includes repairing tank, removal of existing coating on interior and exterior of tank and applying a new coating system. Also will include other various repairs. Manager: Michael Hallmark Engineer: Dunham Engineering, Inc. Contractor: E.J. Chris Contracting Phase Start Finish Status / Comments Preliminary Engineering December 2016 June 2017 ROI complete. Final Design June 2017 August 2017 100% complete ROW / Easements N/A N/A N/A Bid / Award Bid # August 2017 October 2017 GUS Board approved 10/13/17 – City Council approved on 10/24/17 Construction December 2017 Rehab has begun. Sludge removal and welding complete, sandblasting interior 60% complete Post Construction Page 8 of 65 Project: Berry Creek Wastewater Interceptor Project# 3CJ Update – April 2018 Project Description: This project will consist of approximately 15,000 linear feet of wastewater interceptor ranging in diameter from 36-inch to 30-inch from the existing Berry Creek lift station to the existing Sun City lift station. The alignment of the interceptor will generally follow Berry Creek. Purpose: The purpose of this project is to add wastewater capacity in Sun City, provide wastewater service to the Shell road area, and will allow Sun City Lift Station to come off line when the future phases are complete. Manager: Michael Hallmark Engineer: CDM Smith Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering May 2015 February 2016 Recommended by GUS 5/8/15 approved by CC 5/26/15. Final Design February 2016 March 2018 90% complete ROW / Easements June 2015 30% complete Bid / Award Bid # Construction Post Construction Page 9 of 65 Project: Berry Creek Wastewater Interceptor Phase 1,2, &3 Project# Update – April 2018 Project Description: This project will consist of approximately 21,500 linear feet of wastewater interceptor ranging in diameter from 36-inch to 48-inch from the existing Berry Creek lift station to the existing Pecan Branch Wastewater Plant. The alignment of the interceptor will generally follow Berry Creek. Purpose: The purpose of this project is to add wastewater capacity in Sun City, provide wastewater service to the Shell road area, and will allow Sun City Lift Station to come off line. Manager: Michael Hallmark Engineer: Walker partners, LLC Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering November 2017 November2018 Recommended by GUS 10/13/17 Approved by City Council 10/23/17. Boring samples after 1/2/18 Final Design November 2018 January 2019 ROW / Easements Bid / Award Bid # Construction January 2019 April 2020 Post Construction Page 10 of 65 Project: Braun EST Project# 2JG Update – April 2018 Project Description: This project involves - Design, bidding and general services during construction for a 3 MG elevated storage tank (EST) at the Braun EST site Purpose: The purpose of this project is to add additional elevated water storage capacity and meet the demands of the water system in the 1178 pressure plane. Manager: Michael Hallmark Engineer: CDM Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering January 2018 March 2018 Task Order approved by GUS Board 12/8/17 & by City Council 12/12/17 Final Design April 2018 July 2018 ROW / Easements Bid / Award Bid # September 2018 October 2018 Tentatively out for Bid October 2018. Construction Post Construction Page 11 of 65 Project: County Road 255 Waterline Improvements Project# 2JE Update – April 2018 Project Description: This project involves upgrading the existing 15-inch water main with 16-inch C-905 or DI pipe. This project will consist of approximately 44,500 LF of 16-inch water main replacement. Purpose: The purpose of this project is to upgrade the class pipe water mains to C-905 or DI pipe, and replace this existing main that has a large amount of water leaks. Manager: Michael Hallmark Engineer: KPA Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering October 2015 March 2016 Recommended by GUS 10/09/15, approved by CC on 10/27/15. Final Design March 2016 February2018 80% Complete ROW / Easements October 2015 50% complete Bid / Award Bid # Construction Post Construction Page 12 of 65 Project: Domel Pump Station Improvements Project# 2JF Update – April 2018 Project Description: This project will consist of construction 3 submersible pumps to bring capacity to a firm 3 MGD, construct a new UV reactor and UV system. Purpose: The purpose of this project is to adequately keep up with water demands by supplying a firm 3 MGD. Manager: Michael Hallmark Engineer: CDM Contractor: Archer Western Phase Start Finish Status / Comments Preliminary Engineering December 2015 April 2016 Task Order Recommended by GUS 2/10/17 Approved by CC 2/28/17 Final Design May 2016 March 2017 Complete ROW / Easements N/A N/A N/A Bid / Award Bid # Bid opening Bid Opening 5/23/17 Bid# 201727 Archer Western Approved by Council 6/27/17 Construction TBD NTP issued 7/17/17 DI pipe header installed/tested & being backfilled, crews forming up pump station slab Post Construction Page 13 of 65 Project: EARZ 2017 Project# 3CM Update – April 2018 Project Description: This project will consist of pipe bursting, cured-in-place, open trench, & rehabbing manholes. Purpose: The purpose of this project is to make repairs on the wastewater collection system to be in compliance with TCEQ rules and regulations. Manager: Michael Hallmark Engineer: KPA Contractor: PM Construction Phase Start Finish Status / Comments Preliminary Engineering March 2017 June 2017 Task Order Recommended by GUS 2/10/17 Approved by CC 2/28/17 Final Design June 2017 August 2017 Complete ROW / Easements N/A N/A N/A Bid / Award Bid # Bid opening Approved by GUS Board & City Council on 10/24/17. NTP issued 12 Construction Crews completed pipe burst, currently rehabbing manholes in the Sun City area off Dove Hollow Post Construction Page 14 of 65 Project: EARZ 2018 – Area 1 Project# 3CQ Update – April 2018 Project Description: This project will consist of pipe bursting, cured-in-place, open trench, & rehabbing manholes. Purpose: The purpose of this project is to make repairs on the wastewater collection system to be in compliance with TCEQ rules and regulations. Manager: Michael Hallmark Engineer: KPA Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering March 2017 June 2017 Task Order Recommended by GUS 2/10/17 Approved by CC 2/28/17 Final Design June 2017 August 2017 August 2018 ROW / Easements N/A N/A N/A Bid / Award Bid # Bid opening Task Order goes to GUS Board 4/3/18 & City Council 4/24/18 Construction Fall of 2018 Post Construction Page 15 of 65 Project: Lake WTP – Chemical Storage Improvements Project# 2CW Update – April 2018 Project Description: This project involves - Design, bidding and general services during construction for the design of sodium permanganate storage and feed system improvements at the Lake WTP. Purpose: The purpose of this project is the sodium permanganate storage and feed system improvements will be bid so that small specialized, qualified chemical feed contractors can bid the project. Manager: Michael Hallmark Engineer: CDM Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering January 2018 March 2018 Task Order approved by GUS Board 12/8/17 & City Council 12/12/17 Final Design April 2018 June 2018 ROW / Easements Bid / Award Bid # July 2018 September 2018 Tentatively out for Bid Summer 2018. Construction Post Construction Page 16 of 65 Project: Lake Water Treatment Plant Raw Water Intake & Pump Station Maintenance Improvements Project# 2CU Update – April 2018 Project Description: This project involves - Design bidding and general services during construction for the maintenance improvements consist of replacing the intake gates and other general maintenance on the 40-year-old intake. The maintenance improvements also consist of replacing some discharge piping at the Raw Water Pump Station Purpose: The purpose of this project is the replacing the intake gates and other general maintenance on the 40-year-old intake. There will also be revisions to the discharge piping that will reduce the pump headloss at the existing pump Manager: Michael Hallmark Engineer: CDM Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering October 2017 November 2017 Approved by GUS Board 9/17 & City Council September 17 Final Design November 2017 February 2018 ROW / Easements Bid / Award Bid # April 2018 May 2018 Bid Opening 4/17/18 Bid No. 201814 Construction Post Construction Page 17 of 65 Project: Mission Oaks Offsite Water Line Project# 2JK Update – April 2018 Project Description: This project involves the construction of approximately 4,650 LF of 12-inch water line located in the northwest portion of the City. Purpose: The purpose of this project is to fulfill a former Chisholm Trail SUD Utility Agreement with Mission Oaks Subdivision Manager: Michael Hallmark Engineer: KPA Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering March 2018 May 2018 Final Design May 2018 August 2018 ROW / Easements April 2018 June 2018 60% complete Bid / Award Bid # Tentatively Bids late Summer 2018 Construction Post Construction Page 18 of 65 Project: San Gabriel Park Lift Station Improvements Project# 3CN Update – April 2018 Project Description: This project will consist of the construction a new wastewater lift station with appurtenant electrical and instrumentation improvements. Purpose: The purpose of this project is to provide wastewater service for growth and development in the San Gabriel Wastewater Basin. Manager: Michael Hallmark Engineer: KPA Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering March 2017 June 2017 Recommended by GUS 2/10/17& City Council 2/18/17 Final Design July 2017 December 2017 90% Plans under review by Staff ROW / Easements N/A N/A Bid / Award Bid # Bid Summer of 2018 Construction Post Construction Page 19 of 65 Project: Pastor Pump Station Project# 2BZ Update – April 2018 Project Description: This project involves upgrading the existing pump station with two new motors, pumps, electrical, instrumentation & HVAC. Design of pipeline improvements to provide more water to the Pastor Pump Station and to complete the West Loop Water Line near SH 29 and DB Wood Road. Purpose: The purpose of this project is to upgrade pipeline improvements and to provide more water to the Pastor Pump Station and to complete the West Loop Water Line near SH 29 and DB Wood Road. Manager: Michael Hallmark Engineer: CDM Contractor: Archer Western Phase Start Finish Status / Comments Preliminary Engineering May 2017 October 2017 Task Order recommended by GUS 4/14/17 and goes to Council 4/25/17. Final Design October 2017 February 2018 ROW / Easements Bid / Award Bid # GUS Board approved Contract with Archer Western 3/9/18 and Council approved 3/27/18 Construction NOA issued 3/28/18 Post Construction Page 20 of 65 Project: Pecan Branch Wastewater Treatment Plant Expansion Project# 3CA Update – April 2018 Project Description: The project includes expanding the existing Pecan Branch WWTP from 1.5 to 3.0 MGD including the construction of an influent pump station, screening and grit removal facilities, aeration basins, secondary clarifiers, cloth disk filters, UV disinfection facility, sludge holding tanks facilities, site grading and paving, electrical improvements, and instrumentation improvements. Purpose: The purpose of this project is to provide wastewater treatment for future growth and development. Manager: Michael Hallmark Engineer: CDM Smith Contractor: CSA Construction Phase Start Finish Status / Comments Preliminary Engineering November 2012 March 2013 Complete Final Design December 2015 January 2017 100% Set of Plans ROW / Easements Complete Bid / Award Bid # 201717 March 2017 May 2017 Bid Opening 3/28/17 GUS Board approved 4/14/17 City Council 4/25/17 NOA 4/26/17 Construction NTP 7/17/17, Aeration Basin & Clarifier slabs completed. concrete walls being installed on Clarifier 3 & 4 Post Construction Page 21 of 65 Project: San Gabriel Wastewater Treatment Plant – Belt Press Project# 3CP Update – April 2018 Project Description: This project involves - Design, bidding and general services during construction for a new sludge dewatering building and the installation of dewatering equipment, a polymer system and a conveyor for the San Gabriel Wastewater Treatment Plant (WWTP) Purpose: The purpose of this project is to replace the existing drying beds with a new sludge dewatering building and the installation of dewatering equipment, a polymer system and a conveyor to load a roll-off dumpster. Manager: Michael Hallmark Engineer: CDM Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering April 2018 August 2018 Task Order approved by GUS Board 3/9/18 & by City Council 3/27/18 Final Design August 2018 December 2018 ROW / Easements N/A Bid / Award Bid # February 2019 March 2019 Tentatively out for Bid March 2019 Construction Post Construction Page 22 of 65 Project: Shell Road Waterline Improvements Project# 3CI Update – April 2018 Project Description: This project will consist of approximately 13,500 LF of 16-inch water line and approximately 2300 LF of 12-inch waterline. Purpose: The purpose of this project is to provide secondary feed of water to Sun City. Manager: Michael Hallmark Engineer: KPA Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering April 2015 August 2015 Task Order Recommended by GUS 3/13/15 Approved by CC 3/24/15. Final Design August 2015 March 2018 90% complete ROW / Easements June 2015 October 2017 60% complete Bid / Award Bid Construction Post Construction Page 23 of 65 Project: Sun City Elevated Water Storage Tank Project# 2CP Update – April 2018 Project Description: This project will consist of the replacement of the existing .4 million gallon Elevated Water Storage Tank with a 2 million gallon Elevated Water Storage Tank. Purpose: The purpose of this project is to increase elevated water storage in the Sun City 1015 pressure plan from .4 MG to 2MG to meet the demands of the water system in the 1015 pressure plane. Manager: Michael Hallmark Engineer: Dunham Engineering, Inc. Contractor: CB&I Phase Start Finish Status / Comments Preliminary Engineering November 2016 May 2017 Task Order recommended by GUS 11/11/16, Approved by CC 11/22/16. Final Design May 2017 June 2017 100% complete ROW / Easements N/A N/A N/A Bid / Award Bid # July 2017 September 2017 GUS Board and Council Approved Construction December 2017 Pre-con held. NTP issued for 12/18/17. Submittals being reviewed & crews mobilized in March 2018 Post Construction Page 24 of 65 Project: Water Tank Rehab - 2018 Project# 2CX Update – April 2018 Project Description: This project involves - Design bidding and general services during construction for the demolition of the steel ground storage tank (GST) and steel lime silo at the Park Water Treatment Plant (WTP), demolition of the Woods GST, and rehabilitation of the 1 MG GST at the Southside WTP; and design Purpose: The purpose of this project is the demolition of the steel structures at the Park WTP and the Woods sites and rehabilitation of the 1 MG GST at the Southside WTP site will be bid so that qualified demolition and tank rehab contractors can bid the project. Manager: Michael Hallmark Engineer: CDM Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering January 2018 March 2018 Task Order recommended by GUS Board 12/8/17 & approved by Council 12/1/2/17 Final Design April 2018 June 2018 ROW / Easements Bid / Award Bid # July 2018 September 2018 Tentatively out for Bid Summer 2018. Construction Post Construction Page 25 of 65 Project: Westinghouse Regional Lift Station Project# 3CE Update – April 2018 Project Description: This project will consist of a new wastewater lift station with appurtenant electrical and instrumentation improvements including an emergency generator. Also included will be Stonehedge Lift Station improvements this project will provide electrical improvements at the Stonehedge Lift Station that will allow the use of a portable emergency generator, and the addition of piping improvements including a flow control valve and vault and a new 8-inch force main. Purpose: The purpose of this project is to provide wastewater service for growth and development in the Westinghouse area. Manager: Michael Hallmark Engineer: CDM Smith Contractor: CC Carlton Phase Start Finish Status / Comments Preliminary Engineering August 2014 October 2014 Complete Final Design October 2014 July 2016 100% complete ROW / Easements August 2014 August 2016 Complete Bid / Award Bid # 201646 September 2016 October 2016 Bid Opening 9/29/16 GUS Board 11/11/16 City Council approved 11/22/16 NOA sent 11/23/16 Construction November 2016 March 2018 Control Valve being installed at Stonehedge Lift & Westinghouse Lift MCC & generator tested with PunchList created, final painting & startup April 2018 Post Construction March 2018 October 2018 Page 26 of 65 GUS BOARD ITEMS FORWARDED TO COUNCIL March 27, 2018 I Forwarded from Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to approve issuance of a Purchase Order for utility bill printing and mailing services through 2/21/19 to Dataprose LLC pursuant to a piggyback clause in an agreement with the City of Plano in an annual cost of $240,240.00 -- Leticia Zavala, CGFO Customer Care Director J Forwarded from the Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to authorize payment to Tyler Technologies for online web account management and web portal fees in the amount of $75,825.00 -- Leticia Zavala, CGFO Customer Care Director K Forwarded from the Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to approve a contract with Archer Western Construction, LLC. of Irvin, Texas for Pastor Pump Station Improvements in the amount of $1,094,700.00 – Wesley Wright, P.E., Systems Engineering Director L Forwarded from Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to approve Task Order CDM-18-003 with CDM Smith Inc. of Austin, Texas for professional services related to the San Gabriel Wastewater Treatment Plant Belt Press in the amount of $306,068.00 - Wesley Wright, P.E. Systems Engineering Director ALL ITEMS PASSED Page 27 of 65 City of Georgetown, Texas Utility System Advisory Board April 13, 2018 SUBJECT: Review and pos s ible actio n to ap p ro ve the minutes fro m the regular GUS Board meeting held o n March 9, 2018. - Sheila K. Mitc hell, GUS Bo ard Liais on ITEM SUMMARY: Bo ard to review, revis e and /or ap p ro ve the minutes fro m the regular GUS Board meeting held o n March 9, 2018. FINANCIAL IMPACT: N/A SUBMITTED BY: Sheila K. Mitc hell/GUS Bo ard Liais o n ATTACHMENTS: Description Type GUS Mar 09 2018 DRAFT Minutes Backup Material Page 28 of 65 Minutes of the Meeting of the Georgetown Utility Systems Advisory Board and the Governing Body of the City of Georgetown, Texas March 9, 2018 at 2:00PM at Georgetown Municipal Complex, 300-1 Industrial Avenue, Georgetown, TX The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participation at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary’s Office, at least three (3) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8th Street for additional information: TTY users route through Relay Texas at 711. Board Members Present: Mike Cunningham – Chair, John Copelan, Steve Fought, David Maserang, Ed Pastor, Edward Wiley, Arthur Yaeger Board Members Absent: None Staff Members Present: Jim Briggs, Mike Babin, Glenn Dishong, Wesley Wright, Leticia Zavala, Chris Foster, Michael Hallmark, Sheila Mitchell, Deborah Knudson (joined at 2:04pm), Chelsea Soloman (joined at 2:40pm) Others Present: Gary Newman/Trio Development, Steve Ashlock/Pulte (joined at 2:06pm), Angie Flores/Raftelis (joined at 2:14pm), Regular Session (This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551 .) A. Call to Order – Called to order by Chair at 2:00p.m. The Board may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair, a Board Member, the City Manager, Assistant City Manager, General Manager of Utilities, City Council Member, or legal counsel for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551, and are subject to action in the Regular Session that follows. B. Introduction of Visitors – Gary Newman, Trio Development Employee Recognition -- None submitted at time of posting C. Review Board/Meeting Procedures – Sheila K. Mitchell, GUS Board Liaison Mitchell provided documents for board review and reference. Reviewed Attendance policy, Quorum requirements, reminded board to sign in at each meeting, reserved parking for each meeting, and reminder of Attorney General online trainings. D. March 2018 GUS CIP Project Updates and Jan/Feb Council Actions – Wesley Wright, P.E., Systems Engineering Director/Michael Hallmark, CIP Manager Wright noted reports in packets and gave brief updates on each. Some discussion on Sun City Tank process and timelines. No further discussion. E. Industry Updates Briggs spoke on Senate Business and Commerce Committee to have a hearing on May 1st on open market status and conditions. They’ll hear testimony from ERCOT, wholesale generators, status of market conditions going into the summer, in addition to testimony and discussion from non-opt-in electric utilities that have not opted into the open market. Some discussion on deregulation. Spoke about a recent meeting held at the Clearwater Groundwater Conservation District, which Briggs and Dishong attended in Belton. The Texas Water Development Board is updating groundwater availability models; last update was in 1980’s. Williamson and Bell Counties will be looked at in updating the model; a draft of the study will be available by July 2019. Briggs provided further Page 29 of 65 details. Briggs commented on City being recipient of Bloomberg Philanthropies Grant on rooftop solar. He mentioned the previous work done by an intern in the last year, which was presented to board during that process. This information was the basis for submittal for the grant. Foster then further spoke on project, noting data collected by intern was then expanded upon by our GIS staff and compared to panels installed on the city’s West Side Service Center during that time. Foster spoke on grant requirements and timeline. Some discussion continued. Legislative Regular Agenda. The Board will individually consider and possibly take action on any or all of the following items: F. Nominations and election of Vice-Chair of the GUS Board. – Mike Cunningham, GUS Board Chair Cunningham nominated Copelan. No other nominations. Copelan accepted nomination. Motion by Wiley seconded by Maserang to elect John Copelan as Vice-Chair of the GUS Board. Approved 7-0-0 G. Nominations and election of Secretary of the GUS Board. – Mike Cunningham, GUS Board Chair No nominations made. Wiley volunteered for position. Motion by Yaeger seconded by Copelan to elect Ed Wiley as Secretary of the GUS Board. Approved 7-0-0 H. Review and possible action related to the Day and Time of the GUS Board Meetings. – Mike Cunningham, GUS Board Chair Board stated they were in agreement on current Day and Time of meeting as presented; second Friday of each month, with the exception of December. Motion by Cunningham seconded by Wiley to approved the Day and Time of the GUS Board meetings as presented. Approved 7-0-0 I. Review and possible action to approve the minutes from the Regular GUS Board meeting held on January 12, 2018 and the regular GUS Board meeting scheduled for February 9, 2018. – Sheila K. Mitchell, GUS Board Liaison Minutes were considered for approval. No questions or changes. Motion by Yaeger, seconded by Copelan to approve the minutes from the Regular GUS Board meeting held on January 12, 2018 and the regular GUS Board meeting scheduled for February 9, 2018. Approved 7-0-0 J. Consideration and possible recommendation to approve issuance of a Purchase Order for utility bill printing and mailing services through 2/21/19 to Dataprose LLC pursuant to a piggyback clause in an agreement with the City of Plano in an annual cost of $240,240.00 . – Leticia Zavala, CGFO Customer Care Director Zavala explained services provided through Dataprose , stating this is an annual renewal of their contract. Cunningham asked and Zavala noted we approved the same agreement last year. Motion by Wiley seconded by Copelan to approve issuance of a Purchase Order for utility bill printing and mailing services through 2/21/19 to Dataprose LLC pursuant to a piggyback clause in an agreement with the City of Plano in an annual cost of $240,240.00. Approved 7-0-0 K. Consideration and possible recommendation to authorize payment to Tyler Technologies for online web account management and web portal fee in the amount of $75,825.00 . – Leticia Zavala, CGFO Customer Care Director Zavala explained web services provided through vendor for current online customer service portal. Noting those services will no longer be needed after end of this fiscal year, with the new CIS system coming on board. Motion by Yaeger, seconded by Copelan to authorize payment to Tyler Technologies for online web account management and web portal fee in t he amount of $75,825.00. Approved 7-0-0 L. Consideration and possible recommendation to approve a contract with Archer Western Construction, LLC of Irving, Texas for Pastor Pump Station Improvements in the amount of $1,094,700.00. – Wesley Wright, P.E., Systems Engineering Director/Michael Hallmark, CIP Manager Wright gave location and background of Pastor Pump Station, serving western district. It is the primary feed for western district. Wright explained there are currently two pumps with need to add additional pumps. This improvement has been needed for several years. Nine bids were received. Archer Western has done work for the ci ty and has done a good job. Cunningham commented on number of bids received; felt this is a good bid from Archer Western. No further discussion. Motion Page 30 of 65 by Pastor, seconded by Copelan to approve a contract with Archer Western Construction, LLC of Irvin, Texas for Pastor Pump Station Improvements in the amount of $1,094,700.00. Approved 7-0-0 M. Consideration and possible recommendation to approve Task Order CDM-18-003 with CDM Smith Inc. of Austin, Texas for professional services related to the San Gabriel Wastewater Treatment Plant Belt Press in the amount of $306,068.00. – Wesley Wright, P.E., Systems Engineering Director/Michael Hallmark, CIP Manager Wright gave location and background of San Gabriel Wastewater Treatment Plant; near the animal shelter. Wright discussed process currently used for treatment. Wright explained the belt press and process it performs. This will help with operations, assist with aesthetics, clean up the site, etc. Cunningham discussed location (will be inside a building), specifications to be determined with CDM and operations staff of preference. Wright clarified this request is for design only. Some question and discussion continued. Briggs further commented about haul off and how it’s handled . No further discussion. Cunningham asked and Wright gave update on funds avail able in budget and timeline. Motion by Yaeger, seconded by Copelan to approve Task Order CDM-18-003 with CDM Smith Inc. of Austin, Texas for professional services related to the San Gabriel Wastewater Treatment Plant Belt Press in the amount of $306,068.00. Approved 7-0-0 Adjournment Motion by Copelan, seconded by Wiley to adjourn. Meeting adjourned at 3:05PM __________________________ _____________________________ Mike Cunningham – Chair Edward Wiley – Secretary _________________________________ Sheila K. Mitchell, GUS Board Liaison Page 31 of 65 City of Georgetown, Texas Utility System Advisory Board April 13, 2018 SUBJECT: Cons id eration and p o s s ib le rec o mmendation to approve Tas k Ord er KPA-18-008 with Kas b erg, Patric k & Assoc iates, LP o f Georgetown, Texas, for profes s ional services related to the 2018 EARZ Was tewater Rehab ilitatio n Area 1 in the amount of $375,395.00 - Wes ley Wright, P.E., S ys tems Engineering Direc tor/Michael Hallmark, CIP Manager. ITEM SUMMARY: The Texas Commis s ion Enviro nmental Quality (TC EQ) regulations require that was tewater c o llectio n s ystems over the Ed ward Aq uifer Rec harge Zone (EARZ) b e tes ted and defec ts b e c o rrected . GUS Water/Was tewater S ervic es Dep artment p erforms all tes ting o f the wastewater s ys tem and Kas b erg, Patric k and As s o ciates (KPA) reviews the city testing d ata and recommend s remed ial ac tion need ed to prevent exfiltration into aquifer. This item will evaluate the testing info rmation p ro vided b y the was tewater department and takes the remed iation rec ommend ation and engages the s ervices o f KPA to p erfo rm the neces s ary design, bidding, and cons truction management to enac t the rec ommend ed repairs. KPA is q ualified bec aus e o f their experience with reviewing City o f Georgeto wn EARZ testing data and numero us p rojec ts they have done for the c ity. Purs uant to the Master Servic es Agreement, Tas k Ord er KPA-18-008 (attac hed ) defines the s cope of work as : Testing evaluatio n, surveying, s c hematic d es ign, final d es ign, b id d ing, and c o nstruc tion adminis tration for the rehab ilitatio n o f defec ts in the existing was tewater s ystem identified in the EARZ Wastewater Rehab – Area 1 tes ting. Imp rovements will replac e by open c ut and/o r rehabilitate thro ugh trenchles s or cured-in-p lace tec hno lo gies, the exis ting vitrified c lay p ip ing s ystem, o ffs et pipe jo ints and bric k manho les which are failing with a s o und was tewater sys tem that will ad here to current T CEQ regulatio ns. STAFF RECOMMENDATIONS: Staff rec o mmend s executing Task Order KPA-18-008 fo r professional servic es for the 2018 EARZ Was tewater R ehabilitation – Area 1 with Kas berg, Patrick & Assoc iates, LP o f Georgetown, Texas, in the amo unt o f $375,395.00 FINANCIAL IMPACT: Funds fo r this exp enditure are availab le in the Was tewater CIP Bud get. See attac hed CIP Bud getary & Financ ial Analys is S heet. SUBMITTED BY: Wes ley Wright, P.E., S ystems Engineering Direc to r/Mic hael Hallmark, CIP Manager. ATTACHMENTS: Description Type Budgetary Works heet Backup Material KPA-18-008-TO Backup Material Page 32 of 65 DATE: PROJECT NAME:Project# 3CQ 2/28/2018 Division/Department:Director Approval Prepared By:Ken Taylor Finance Approval TW 3/1/2018 TOTAL ANNUAL BUDGET 1,000,000.00 (Current year only) Actual Cost Agenda Total Spent Encumbrance Item & Encumbered % Annual (A) before agenda item (B)(A + B)Budget Consulting 375,395.00 375,395.00 38% Right of Way 0.00 0% Construction 588,920.00 588,920.00 59% Other Costs 0.00 0% Total Current Year Costs 588,920.00 964,315.00 Approved GENERAL LEDGER ACCOUNT NUMBER CY Budget 660-9-0581-90-166 1,000,000.00 Total Budget 1,000,000.00 TOTAL PROJECT BUDGET 1,000,000.00 (includes all previous yrs) Prior Years Current Year Total Project % Total Spent/Encumbered Costs Costs Budget Consulting 375,395.00 375,395.00 38% Right of Way 0.00 0.00 0% Construction 588,920.00 588,920.00 59% Other Costs 0.00 0.00 0% Total Project Costs 0.00 964,315.00 964,315.00 Comments: GUS/Wastewater EARZ WW Rehabilitation Area 1 - 2018 CIP- Budgetary and Financial Analysis Worksheet Page 33 of 65 TASK ORDER Georgetown – Revised 3.11 EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Attachment 1 – Task Order Form Page 1 of 4 Task Order In accordance with paragraph 1.01 of the Master Services Agreement between Owner and Kasberg, Patrick & Associates, LP (“Engineer”) for Professional Services – Task Order Edition, dated March 23, 2016 ("Agreement"), Owner and Engineer agree as follows: 1.Specific Project Data A. Title: EARZ Wastewater Rehabilitation Area 1 - 2018 B. Description: Engineering Services for City of Georgetown’s Wastewater System related to EARZ Wastewater Rehabilitation Area 1 -2018. Engineering services include system review, report, schematic design, final design, bidding and construction administration for identifying applicable rehabilitation methods and detailed opinions of probable cost. C. City of Georgetown Project Number: _3CQ_ D. City of Georgetown General Ledger Account No.: __660-9-0581-90-166_ E. City of Georgetown Purchase Order No. __________________ F. Master Services Agreement, Contract Number: 2016-730-MSA 2.Services of Engineer See Exhibit A, Scope of Services, attached. 3.Owner's Responsibilities Owner shall have those responsibilities set forth in the Agreement subject to the following: Consultant will require coordination from the City to convert image and video files into a format that Consultant can open. Additionally, Consultant may require assistance from City Staff to field locate manholes during the compilation period. 4.Times for Rendering Services Phase Completion Date System Review & Report June 15, 2018 Report Preparation June 29, 2018 90% Construction Plan Preparation July 31, 2018 Bid Documents August 31, 2018 Task Order No. KPA-18-008-TO, consisting of _10_ pages 3802834 Page 34 of 65 TASK ORDER Georgetown – Revised 3.11 EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Attachment 1 – Task Order Form Page 2 of 4 5.Payments to Engineer A. Owner shall pay Engineer for services rendered as follows: Category of Services Compensation Method Lump Sum or Not to Exceed Amount of Compensation for Services Basic Services System Review & Report, Schematic Design, Final Design, Bidding, and Construction Administration for EARZ WW Rehabilitation Area 1 - 2018 A. Lump Sum $375,395.00 B. The terms of payment are set forth in Article 4 of the Agreement unless modified in this Task Order. 6.Sub-Consultants: 7.Other Modifications to Agreement: 8.Attachments: Exhibit A – Scope of Services Exhibit B – Fee Schedule 9.Documents Incorporated By Reference: The Agreement effective March 23, 2016. Page 35 of 65 TASK ORDER Georgetown – Revised 3.11 EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Attachment 1 – Task Order Form Page 3 of 4 Terms and Conditions: Execution of this Task Order by Owner and Engineer shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. The Effective Date of this Task Order is ____________________, 2018. OWNER: ENGINEER: By: By: Name: Dale Ross Name: Brenton L. Burney, PE, CFM Title: Mayor Title: Project Engineer Engineer License or Firm’s Certificate No. F-510 State of: Texas Date: Date: APPROVED AS TO FORM ONLY BY CITY ATTORNEY AND BY CITY COUNCIL MARCH 8, 2011, AGENDA ITEM “P” APPROVED AS TO FORM VERIFIED: ________________________________________ Nicole Abrego, CTP Buyer Page 36 of 65 TASK ORDER Georgetown – Revised 3.11 EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Attachment 1 – Task Order Form Page 4 of 4 Owner: Engineer: Designated Representative for Task Order: Designated Representative for Task Order: Name: Michael Hallmark Name: Brenton Burney, P.E., CFM Title: CIP Manager Title: Project Engineer Address: 300-1 Industrial Ave Address: 1008 South Main Street Georgetown, TX 78626 Georgetown, TX 78626 Phone: (512) 930-3569 Phone: (512) 819-9478 Fax: (512) 930-3559 Fax: (254) 773-6667 E-Mail: Michael.hallmark@georgetown.org E-Mail: BBurney@kpaengineers.com Page 37 of 65 EXHIBIT A – DETAILED PROJECT SCOPE EDWARDS AQUIFER RECHARGE ZONE WASTEWATER REHABILITATION AREA 1 - 2018 SERVICES PROVIDED BY ENGINEER KASBERG, PATRICK & ASSOCIATES, LP GEORGETOWN, TEXAS Project Description: This project involves compiling and summarizing the testing results performed by City of Georgetown personnel in conjunction with Edwards Aquifer Recharge Zone (EARZ) Wastewater Rehabilitation Area 1 - 2018 program. Once the data has been compiled, a determination will be made of the applicable rehabilitation methods and detailed opinions of probable cost will be generated. A final report will be prepared detailing this information. In addition, the project involves schematic design, final design, bidding and construction administration for the rehabilitation and/or replacement of wastewater system defects identified in the EARZ Wastewater Rehabilitation Area 1 - 2018 Preliminary Report. Improvements will include construction of wastewater infrastructure improvements and/or rehabilitation of existing infrastructure to remove infiltration and exfiltration of wastewater and assure proper sizing of the wastewater infrastructure. Typical system modifications include reconstruction of manholes and their benches/inverts, pipe lining or pipe replacement to facilitate proper flow through the system. Scope of Services: The scope of services associated with the preliminary design phase and report preparation for the EARZ Wastewater Rehabilitation Area 1 - 2018 includes: I. System Review and Report A. Compilation and Review of Field Data i.Manhole Inspections 1.The ENGINEER will compile all existing manhole inspection data from the City of Georgetown into electronic form. This includes both the inspector’s reports and manhole photos. 2.The ENGINEER will review the existing information and generate individual manhole inspection reports including photographs and line connection details for each manhole. 3.The ENGINEER will generate a Manhole Inspection Summary which identifies all manholes inspected as part of this project. 4.The ENGINEER will produce an overall map to be included in the report that shows the location and condition of all inspected manholes. ii.Video Inspections 1.The ENGINEER will review the Wastewater Line Inspection Videos while noting areas with potential defects for further inspections. 2.The ENGINEER will generate a Video Inspection Summary, which will include label, length, and material of all videoed lines. 3.The ENGINEER will produce an overall map to be included in the report that shows the location and condition of all videoed wastewater line. Page 38 of 65 B. Defect Identification and Rehabilitation Method Recommendation i. Manhole Inspections 1. The ENGINEER will identify all exfiltration and/or infiltration defects based on the information supplied by the City. 2. The ENGINEER will generate individual defect sheets for each defective manhole, which will include defect photos and the preliminary recommendation for a rehabilitation method. ii. Video Inspections 1. The ENGINEER will identify all exfiltration and/or infiltration defects based on the videos supplied by the City. 2. The ENGINEER will generate individual defect sheets for each defective wastewater line, which will include screen captures of defects and the preliminary recommendation for a rehabilitation method. C. Cost Estimation i. The ENGINEER shall generate a detailed Preliminary Opinion of Probable Construction Cost for the rehabilitation of each defect identified in this report. ii. The ENGINEER will produce a summary that will show the breakdown of construction costs for manhole rehabilitation, trenchless rehabilitation, and open cut rehabilitation. The ENGINEER will use this to make a recommendation of how to assemble the defects into the most efficient construction projects. II. Report Preparation A. All testing, summaries, recommendations and Opinions of Probable Costs will be presented in a final report. B. The ENGINEER will present two copies of the 90% Review Set to the City for review. C. The ENGINEER will incorporate all comments into the Final Report. D. The ENGINEER will present electronic copy sets of the Final Report to the City. Scope of Services: The scope of services associated with final design, bidding and construction administration for this project to be provided by the ENGINEER includes design surveys, schematic design, wastewater construction and rehabilitation design, traffic control design, coordination with the City of Georgetown, bidding and construction administration. The engineering services will include the following: III. Site Surveys A. Obtain and review existing data i. The design team will collect existing data from the City of Georgetown and other utility providers to incorporate into the design surveys. This will include existing water, wastewater, telephone, gas and other utilities that can be identified. The design team will work with the City to collect information on their systems and utilize one calls and direct contact with other utility providers to establish locations of existing utilities. Page 39 of 65 IV. Schematic Design A. The ENGINEER will incorporate all site surveys into computer aided drafting and develop topographies and surfaces. All existing utilities will be incorporated from data gathered. This will include topographic working drawings to prepare the schematic design. B. The ENGINEER will develop design schematics to illustrate the proposed improvements and sequence of construction. Exhibits of the schematic design will be produced and reviewed with City Staff. These shall include proposed construction techniques based on data discovered and received during the Design Surveys Phase. All comments from City Staff will be incorporated into the Schematic Design. Preliminary costs will be developed based on the schematic design and reviewed with City Staff. V. Final Design C. The ENGINEER will incorporate the decisions and concepts from the schematic design meetings into the final design. D. The ENGINEER will develop plan and profile drawings for the proposed improvements and include existing utilities to show any conflict. If conflict does occur, the ENGINEER will design the project to avoid or relocate any conflicts. E. The ENGINEER will design wastewater rehabilitation and construction methods. F. The ENGINEER will incorporate the construction method for wastewater improvements into the final design. Plan sheets will be created for these sections and include details. G. The ENGINEER will prepare final details for the project and incorporate these into the final design sheets. H. The ENGINEER will prepare bid set documents that require the Contractor to provide, submit, and receive applicable SWPPP permits, implement erosion control measures and submit applicable Notice of Intent with the TCEQ. I. The ENGINEER will prepare final contract documents and specifications for the project. Five copies of these documents will be submitted to City Staff for review. All comments will be incorporated into the contract documents and specifications for final bidding documents. J. The ENGINEER will deliver review sets of the design sheet sets at 90% stage. Five sets will be delivered to the City for review. All comments will be incorporated in the design sets. K. The ENGINEER will prepare final design bidding documents to include plans, specifications and contract documents. The plan sheets will be on 11x17 sheets. Bid items will require the Contractor to include traffic control plans signed by a Texas registered Professional Engineer for work within roadways. L. The ENGINEER will prepare and submit a Sewage Collection System submittal to the Page 40 of 65 TCEQ, where applicable for extending wastewater system. M. Rehabilitation work for this project involves existing public utility wastewater system lines and structures. Researching and obtaining additional easements is not included in the scope of this task order. VI. Bidding N. The ENGINEER will develop the invitation to bid and deliver to City Staff for advertising the project for public bidding. The ENGINEER will also solicit bids from past contractors to acquire as competitive a bidding process as possible. O. The ENGINEER will manage and distribute bidding documents. P. The ENGINEER will prepare for the Pre-Bid Conference, develop an agenda and sign in sheet, conduct the Pre-Bid Conference, take notes at the conference, prepare minutes and incorporate into the addenda. Q. The ENGINEER will receive all questions from bidders, log the questions and answer in the form of an addenda. R. The ENGINEER will conduct the bid letting, receive all bids, tabulate the bids and certify them. S. The ENGINEER will research the low bidder(s) qualifications and recommend award to the City of Georgetown. VII. Construction Administration T. The ENGINEER will prepare contract documents; forward them to the contractor awarded the project by the Georgetown City Council. Once the contractor has executed the contract documents, they will be checked for proper documentation and forwarded to the City of Georgetown for execution. U. The ENGINEER will schedule and conduct the Pre-Construction Conference. Minutes from the conference will be taken and distributed. V. The ENGINEER will receive and review all submittals and material samples for the project. Documentation for the submittals will be generated and distributed to the City of Georgetown and the contractor. W. The ENGINEER will hold regularly scheduled construction progress meetings. These meetings will include meeting agendas covering project specifics and schedules. Notes will be taken by the ENGINEER at the meetings. Minutes will then be developed and distributed to the City of Georgetown Staff and the contractor. X. The ENGINEER will make periodic visits the project site. These site visits are utilized to perform a general overview of the project and answer any questions the contractor may have. The City of Georgetown will provide daily on-site representation for the project. Y. The ENGINEER will develop pay estimate forms for the project. These will be distributed to City Staff and the contractor. The ENGINEER will review the pay requests with City Staff. Page 41 of 65 Z. The ENGINEER will conduct a final walk through of the project. Punch list items will be generated during this review. A letter addressed to City Staff will be generated discussing the findings of the walk through. The contractor will be copied on this letter as well. AA. The ENGINEER will develop final record drawings for the City of Georgetown Staff. The record drawings will be presented in electronic form with pdf of each plan sheet and provided via thumb drive or DVD. A full 11”x17” hard copy can also be made available upon request. Page 42 of 65 System Review and Report Clerical CAD EIT PE PM Principal Total Hrs.Total Fee Compile Manhole Data 8 65 30 15 7 125 15,115.00$ Review Videos and Compile Raw Data 8 200 45 32 24 309 37,435.00$ Summarize Defects 55 50 30 20 8 163 18,225.00$ Recommend Rehabilitation Method 45 28 20 8 101 13,305.00$ Prepare Detailed OPCs 28 8 4 4 44 5,460.00$ Format Data into Report Sheets 20 120 30 6 4 180 19,510.00$ Prepare Summary Maps 120 18 4 4 4 150 12,870.00$ Draft Report Preparation 25 35 5 2 2 69 6,445.00$ Incorporate Review Comments 4 2 2 2 10 1,410.00$ Final Report Preparation 45 55 20 10 10 140 14,550.00$ Subtotal System Review & Report 106 175 620 202 115 73 1291 144,325.00$ Schematic Design Clerical CAD EIT PE PM Principal Total Hrs.Total Fee Incorporate existing utilities data - 40 18 - 4 8 70 7,130.00$ Site Reconnaissance - 8 37 25 - 8 78 9,460.00$ Identification of Construction / Rehab Method - - 30 22 10 17 79 11,120.00$ Design / Prepare Schematic Layout - 48 48 16 13 12 137 15,280.00$ Prepare Preliminary Cost Estimates - - 8 - 4 - 12 1,480.00$ Meet with City Staff to Review - - - - 4 4 8 1,440.00$ Subtotal Schematic Design - 96 141 63 35 49 384 45,910.00$ Final Design Clerical CAD EIT PE PM Principal Total Hrs.Total Fee Incorporate schematics into Final Design - 26 26 26 5 2 85 9,390.00$ Prepare plan and profile sheets.- 200 120 105 60 25 510 56,375.00$ Illustrate Existing Utilities and Design to avoid conflicts - 85 72 31 15 10 213 22,520.00$ Design Roadway Repair / Surface Restoration - 6 30 14 8 - 58 6,770.00$ Design Erosion Control - 6 6 4 2 2 20 2,340.00$ Prepare Contract Documents and Specifications for Review 30 24 24 16 14 8 116 11,970.00$ Review Final Design with City Staff & incorporate comments - 15 27 15 7 7 71 8,505.00$ Prepare Final Bid Documents 28 16 14 14 2 4 78 7,220.00$ Subtotal Final Design 58 378 319 225 113 58 1,151 125,090.00$ Bidding Clerical CAD EIT PE PM Principal Total Hrs.Total Fee Advertise / Solicit Bidders 4 - 2 - 2 2 10 1,150.00$ Distribute plans and specifications 8 - 4 2 - - 14 1,130.00$ Pre-Bid Conference 2 - 4 - - 4 10 1,330.00$ Answer Questions and Prepare Addenda - 4 8 2 2 2 18 2,130.00$ Receive & Tabulate Bids 4 - 4 2 2 - 12 1,230.00$ Recommend Award 4 - - - 2 - 6 540.00$ Subtotal Bidding 22 4 22 6 8 8 70 7,510.00$ Construction Administration Clerical CAD EIT PE PM Principal Total Hrs.Total Fee Prepare Contract Documents & distribute to Contractor 6 4 4 - - 2 16 1,450.00$ Review Submittals 6 - 24 10 5 2 47 5,400.00$ Construction Meetings/minutes/etc.10 - 28 30 30 12 110 14,740.00$ Site Review - - 40 50 50 28 168 24,550.00$ Final Walkthrough - - - - 10 10 20 3,600.00$ Record Drawings 8 12 4 4 2 1 31 2,820.00$ Subtotal Construction Administration 30 16 100 94 97 55 392 52,560.00$ Summary of Labor & Cost Clerical CAD Tech EIT PE PM Principal Total Hrs.Total Fee 1. System Review and Report 106 175 620 202 115 73 1,291 144,325.00$ 2. Schematic Design - 96 141 63 35 49 384 45,910.00$ 3. Final Design 58 378 319 225 113 58 1,151 125,090.00$ 4. Bidding 22 4 22 6 8 8 70 7,510.00$ 5. Construction Administration 30 16 100 94 97 55 392 52,560.00$ Project Total 216 669 1,202 590 368 243 3,288 375,395.00$ Exhibit B Fee Schedule Edwards Aquifer Recharge Zone (EARZ) Phase 1 Wastewater Rehabilitation 2017-18 Page 43 of 65 City of Georgetown, Texas Utility System Advisory Board April 13, 2018 SUBJECT: Cons id eration and p o s s ib le rec o mmendation to approve a contrac t amendment with Arc her Wes tern Cons tructio n, LLC. of Irving, Texas fo r Do mel P ump Station Improvements in the amount of $100,000.00 – Wesley Wright, P.E., Sys tems Engineering Direc tor/Michael Hallmark, CIP Manager. ITEM SUMMARY: This p ro p o s ed c ontrac t amendment to the Domel Pump S tatio n Imp ro vements in the amo unt o f $100,000.00. The additio nal fund s are needed for o ns ite yard piping relo cation, ad d itional road b as e for acc es s road, and a new entranc e gate fo r the fac ility. Bas ed on Contrac tor ’s field inves tigation of the exis ting buried yard piping, it was id entified that the existing yard p ip ing was no t installed as s hown on rec o rd drawings no r in ac c o rd anc e with standards fo r p ip e materials and fo r yard piping installation (inc luding b ed d ing and c o mpac tion requirements ). Additio nally, b as ed on c o nstruc tion ac tivity o b s ervatio ns, the ingres s /egres s at the fac ility for chemical d eliveries, for routine s ite vis its, and for future equip ment repairs would be greatly improved by increasing the entrance gate s ize and wid ening the ac ces s road at the roadway curves. STAFF RECOMMENDATION: Staff rec o mmend s autho rization of up to an additio nal $100,000 to fund the afo rementio ned imp ro vements . The final amount will be d etermined b y the ac tual labor nec es s ary to c o mp lete the no ted imp ro vements . FINANCIAL IMPACT: The $100,000 is availab le in the p ro ject's budget (Water Capital Improvement Fund). SUBMITTED BY: Wes ley Wright ATTACHMENTS: Description Type Recommendation letter Backup Material Plans Backup Material Pic 1 Backup Material Pic 2 Backup Material Page 44 of 65 9430 Research Blvd Building 1, Suite 200 Austin, Texas 78759 Tel: (512) 346-1100 Fax: (512) 345-1483 April 6, 2018 Michael Hallmark City of Georgetown 300-1 Industrial Ave. Georgetown, TX 78627 RE: City of Georgetown Domel Pump Station Improvements Project Contract Amendment – Letter of Recommendation Dear Mr. Hallmark: The Domel Pump Station is a facility that the City of Georgetown inherited from Chisholm Trail. Based on the Contractor’s field investigation of the existing buried yard piping, it was identified that the existing yard piping was not installed as shown on record drawings nor in accordance with the City’s standards for pipe materials and yard piping installation (including bedding and compaction requirements). Moreover, based on the construction activity observations, the ingress/egress at the facility for chemical deliveries, for routine site visits, and for future equipment repairs would be greatly improved by increasing the entrance gate size and widening the access road at the roadway curves. For these reasons, we recommend the approval of a change order amount up to $100k for the following additional improvements: • Onsite yard piping relocation • Additional road base for access road • Entrance gate with associated pipe, posts & bracing Please note that for the onsite yard piping improvements, Archer Western Construction, LLC (Archer Western) initially proposed an amount of $178,040.77 on December 6, 2017 to perform the work. After receiving CDM Smith comments, Archer Western revised this amount to $112,856.47 on January 31, 2018. Then, after further negotiation with Archer Western and discussions with the City of Georgetown, CDM Smith recommends that Archer Western perform the work on a time and materials basis, in lieu of a lump sum. It is estimated that the time and materials cost for these yard piping improvements, plus the cost of improvements for the access road and entrance, will not exceed $100k. Please let us know if you have any questions. Page 45 of 65 Mr. Michael Hallmark April 6, 2018 Page 2 Sincerely, Ana Marie Karamalegos, P.E. CDM Smith Inc. TBPE Firm Registration No. F-3043 cc: Allen Woelke, P.E., CDM Smith Ken Taylor, City of Georgetown Page 46 of 65 Page 47 of 65 Page 48 of 65 Page 49 of 65 Page 50 of 65 City of Georgetown, Texas Utility System Advisory Board April 13, 2018 SUBJECT: Cons id eration and p o s s ib le rec o mmendation on an Electric Service Agreement with Wayp o int Aus tin Geo rgeto wn O wner, LLC for the proposed Es traya Apartments -- Wes ley Wright, P.E., S ystems Engineering Direc tor ITEM SUMMARY: The Estraya Apartments are p ro p o s ed to be loc ated at the no rtheas t corner o f S H29 and Inner Lo o p and contain appro ximately 270 units, along with other acc es s o ry s tructures. The projec t is loc ated within the City's d ual certific ated electric s ervic e area, where the City competes with O nc o r for cus tomers. This p ro p o s ed agreement d etails the terms b y which the City will p ro vide s ervic e to the apartment complex. The d eveloper has req uested to utilize their general site c o ntractor to ins tall the civil engineering facilities (c o nd uit and transformer p ad s ) to b etter fac ilitate site c o nstruc tion. T he d eveloper has agreed to complete this wo rk at the City's c o ntracted amo unts fo r labor and materials - $118,191.28. STAFF RECOMMENDATION: Staff rec o mmend s approval of the proposed Elec tric Service Agreement. FINANCIAL IMPACT: The net c o s t to the city fo r services to b e pro vided b y the develo p er is $118,191.28. Funds are availab le in the Electric Fund C IP Bud get. SUBMITTED BY: Wes ley Wright ATTACHMENTS: Description Type Es traya Electric Service Agreement Cover Memo Page 51 of 65 {00009803 / v / EMAREK / GUS / 0023 / 4/6/2018} 1 ELECTRIC SERVICE AGREEMENT THE STATE OF TEXAS § § COUNTY OF WILLIAMSON § This Electric Service Agreement (“Agreement”) is entered into as of the Effective Date, by and among the City of Georgetown, a Texas Home Rule Municipal Corporation (“City”); and Waypoint Austin Georgetown Owner, LLC, a Delaware limited liability company (“Developer”). Each of which are sometimes referred to as a “Party” or collectively as the “Parties.” RECITALS A. WHEREAS, City is a political subdivision of the State of Texas and the owner of certain electric facilities that it utilizes to provide retail electric services to its customers; B. WHEREAS, Developer is the owner of that approximately 36.54 acres of real property known as Estraya Georgetown(the “Property”), more fully described in Exhibit “A” attached hereto, that Developer desires to develop for multi-family residential purposes; C. WHEREAS, the Property is located inside the City’s corporate limits; D. WHEREAS, the City desires to install facilities for electric service to the Property; E. WHEREAS, the City desires to have Developer install these facilities as part of the development process. F. WHEREAS the City desires to provide electric service for future residents and customers within the Property; G. WHEREAS, Developer desires to obtain from the City retail electric service for future residents and customers within the Property; H. WHEREAS, this Agreement is authorized by and consistent with state law and the City’s other ordinances, regulations, and other requirements governing development of subdivisions and provision of utility services by the City. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereafter set forth, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: Page 52 of 65 {00009803 / v / EMAREK / GUS / 0023 / 4/6/2018} 2 I. DEFINITIONS When used in this Agreement, the following terms will have the meanings set forth below: 1.1. “Agreement” means this Electric Service Agreement. 1.2. “Effective Date” means the last day of execution of this Agreement by all Parties hereto. 1.3. “Electric Facilities” means the primary and secondary systems necessary for the provision electrical service from the Electrical System to the Property up to and including the point of delivery (meter) to the Project, sufficient for the operation and occupancy of the Project, all in accordance and compliance with applicable laws and building codes, including without limitation service distribution, conduit, pads, trenching, conduit, and fill material. 1.4. “Electric System” means the electric system now owned or to be acquired by City to serve City’s electric service territory and any expansions, improvements, enlargements, additions and replacements thereto, subject to the terms of this Agreement. 1.5. “Notice and Opportunity to Cure” means that, before any right of termination or other remedy authorized hereunder may be exercised (i) the Party who intends to exercise such right or remedy must deliver to the other Party a written notice which specifies the reason(s) for the intended exercise and the action(s) necessary to avoid it, and (ii) the other Party fails to cure, within thirty (30) days after receipt of such written notice, the specified problem(s) that would justify the intended exercise. 1.6. “Project” means a certain apartment complex which will include approximately 270 residential units, 2 cabanas, a clubhouse, and a trash compactor, each to be separately metered, all to be constructed on the Property, as more specifically described on Exhibit “B” attached hereto. 1.7. “Property” means that certain real property consisting of approximately 36.54 acres known as Estraya Georgetown, and located in Williamson County being more particularly described on Exhibit “A” attached hereto. 1.8. “Service Commitment” means the agreed voltage that City agrees to make available to the Property in accordance with the terms and conditions of this Agreement and that the Developer agrees to purchase. II. PROVISION OF ELECTRIC SERVICES 2.1. Construction of Electric Facilities. (a) Developer shall be responsible for the installation of Electric Facilities for which the City shall reimburse Developer its actual costs related thereto (the “Installation Costs”) up Page 53 of 65 {00009803 / v / EMAREK / GUS / 0023 / 4/6/2018} 3 to $118,191.28, which does not exceed thirty (30) percent of the project cost(the “Installation Cost Cap”). Developer reserves the right to use any trenching containing the Electric Facilities for (i) Suddenlink and any other cable or internet provider’s conduits, and (ii) other utilities, provided that any additional costs associated with such trench sharing shall not be an Installation Cost or reimbursable by the City, and will be in accordance with approved design drawings. (b) City shall not charge Developer, and shall be solely responsible for, any tap fees, connection fees, or meter fees. (c) Promptly upon completion of construction and installation of the Electric Facilities, Developer shall submit to City a reasonably detailed schedule of costs and disbursements related to the construction and installation of the Electric Facilities (the “Installation Invoice”). City shall, within 30 days of its receipt of the Installation Invoice, reimburse Developer for the Installation Costs up to but not exceeding the Installation Cost Cap. 2.2. Service Commitment. (a) Subject to the terms and conditions of this Agreement, including the payment of all applicable fees and charges as set forth below, following the completion of the Project, Developer agrees to purchase, and City agrees to provide, electric service for customers within the Property. The quantity of electric service made available to any connection within the Property will be determined according to meter size in accordance with the City’s rules, regulations, and policies. (b) City’s obligation to serve the Property is expressly contingent on Developer’s compliance with its obligations under this Agreement and with City’s rules, regulations, and policies. (c) City shall have no obligation to provide electric service to any portion of the Property until all of the following condition precedents have been satisfied: (i) the Property shall have received final subdivision plat approval for the Property by all governmental entities with jurisdiction, and such plat is recorded as to the Property to be furnished with electrical service, and all necessary easements to necessary for the City’s maintenance of the Electric Facilities have been granted by Developer and recorded; and (ii) City has received all necessary governmental approvals for the provision of services to the Property; and (iii) all required fees and charges related to subsections (i) and (ii) above have been paid to City. Nothing in this Section 2.2(c) shall relieve or delay the obligation of the City to reimburse Developer for the installation of the Electric Facilities as set forth in Section 2.1 above. Page 54 of 65 {00009803 / v / EMAREK / GUS / 0023 / 4/6/2018} 4 2.3. Service. City shall provide electric service to customers within the Property in accordance with its standard rules and policies and the applicable laws and regulations of the State of Texas. 2.4. Minimum Voltage. City will deliver electric service to customers within the Property at a minimum voltage within the parameters set forth by Public Utility Commission of Texas (PUCT) and in compliance with Energy Reliability Council of Texas (ERCOT) protocols, at each retail customer meter, or as may otherwise be required by the applicable rules of the National Electric Code or of the City. 2.5. Electric System Operations. Subject to the terms of this Agreement, City will be responsible for operating and maintaining the Electric System in good working order; for making all needed replacements, additions, and improvements as required for the operation of the Electric Facilities; for reading meters, billing, and collecting from all customers; and for performing all other usual and customary services and administrative functions associated with retail electric utility systems. 2.6. Source of Electric Supply. City shall have sole discretion in determining the source of electric supply to be used for the provision of retail electric service to the Property. 2.7. Service Subject to State and Local Approvals. Notwithstanding other provisions in this Agreement, City will not provide electric service in the manner described in this Agreement unless Developer obtains at its sole cost and expense all necessary permits, certificates, and approvals for the construction, use, and occupancy of the Property, as applicable, from Williamson County and other applicable local, state, or federal government bodies to which it is subject. 2.8. Continuity and Quality of Electric Service. (a) City uses reasonable diligence to provide continuous electric service, but it does not guarantee against irregularities or interruptions, it being understood that occasional irregularities and interruptions are inevitable. Developer is responsible for installing and maintaining protective devices as recommended or required by the current edition of the National Electrical Code and other such devices as are necessary to protect City’s equipment or process during irregular or interrupted service including, but not limited to voltage and wave form irregularities, or the failure of part or all of the electrical service. (b) Provided City uses reasonable diligence in attempts to restore electric service after City is notified of such interruption, City may, without notice and without liability to Developer, interrupt electric service to Developer when, in City’s reasonable judgment, such interruption: (i) will prevent or alleviate an emergency threatening to disrupt the operation of City’s electrical system, or (ii) will lessen or remove possible danger to life or property, or (iii) will aid in the restoration of electric service, or Page 55 of 65 {00009803 / v / EMAREK / GUS / 0023 / 4/6/2018} 5 (iv) is required to make necessary repairs to, tests of, or changes in City’s electrical facilities, or (v) is authorized elsewhere in this Agreement, or (vi) is required by ERCOT protocols to maintain electrical system stability. (c) Should the Developer have special needs, which render it especially important that they receive advance notice of any intentional interruption of service, the Developer shall give written notice to City of such need specifically identifying therein such need and requesting that City provide advance notice where practical of any intentional interruption. Said notice and request from the Developer shall in no way relieve the Developer of any of Developer’s obligations pursuant to the specifications for Electric Services nor shall said request and notice impose any additional duty or liability upon City. 2.9. Liability and Responsibility for Damage, Injury and Disclaimer of Warranties. (a) City shall be responsible for the design, operation, and maintenance of Electric Facilities. Developer is responsible for the operation, and maintenance of electric facilities beyond the point of delivery (meters). (b) It is particularly understood that the Developer assures full responsibility for electric energy furnished to Developer past the point of delivery and will indemnify City against and hold City harmless from all claims for damages including, but not limited to, injuries to any persons, including death resulting there from, and damages to property occurring upon the premises of City arising from electric power and energy delivered by City whether or not caused by the negligence of City except when the negligence of City was the proximate cause of such injuries, death of persons or damages to property. (c) Without limiting the foregoing, City is not and shall not be liable to Developer for damages occasioned by: (i) governmental or municipal action or authority, litigation, public enemies, strikes, acts of God (including weather and its resulting consequences, (ii) an order from a Court of Judge granted in any bona fide adverse legal proceeding or action or any commission or tribunal having jurisdiction on the premises, (iii) the absence, inadequacy of failure of protective devices which are the responsibility of the Developer, (iv) inadequacy or failure of generation or transmission facilities (excluding the Electrical Facilities), or (v) any other act or thing reasonably beyond the control of City or as may be authorized elsewhere in this specification for Electric Service; or Page 56 of 65 {00009803 / v / EMAREK / GUS / 0023 / 4/6/2018} 6 (d) City is not and shall not be liable to Developer for any interruption of service not occasioned by situations or conditions described in (c) above that has not existed continuously for beyond a reasonable period of time after notice to City, which reasonable period shall under no circumstances be less than twenty-four (24) hours or any interruption of service of greater than a reasonable duration if City has used reasonable diligence in attempts to restore electric service after City is notified of such interruption. (e) City may perform voluntary or emergency acts to Electric Facilities which are the responsibility of the Developer but shall not be liable for damages or injuries resulting from said acts except to the extent that said damages or injuries are proximately caused by acts or omissions of City which are found to be wanton or willful with the intent to cause injury. (f) In any claim or cause of action relating to the provision of electric service asserted by Developer or any other person against City, City shall not be liable for any consequential, special, or non-direct damages, including but not limited to loss of use of equipment, extra expense due to the use of temporary or replacement equipment, loss of electronic data or program, loss of business revenue, costs of capital or any cost not part of necessary repair to or reasonable replacement of electric equipment whether the claim or cause of action is based upon contract, tort, negligence, products liability, or any other theory of recovery. EXCEPT AS SPECIFIED HEREIN, CITY MAKES NO WARRANTIES WHATSOEVER WITH REGARD TO THE PROVISION OF ELECTRIC SERVICE AND DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. III. RATES, FEES, CHARGES, AND OTHER PAYMENT OBLIGATIONS 3.1 Rates. Except as otherwise provided in this Agreement, all retail electric customers within the Property will pay the applicable standard rates, fees, and charges for retail electric service, as established and amended by the governing body of the electric certificate of convenience and necessity holder from time to time. IV. REAL PROPERTY 4.1 Easements. (a) All Electric Facilities located within Property shall be constructed within public rights-of-way or within exclusive perpetual, nonexclusive easements dedicated or conveyed as the City may determine to be reasonably necessary for the ownership, operation, and maintenance of, and including access to, the Electric Facilities. City shall approve the physical location of electric lines within public rights-of-way or easements relative to other utility infrastructure, when such facilities are authorized by City to be located therein, to prevent conflicts with other utilities, road improvements, or drainage improvements. Developer shall provide permanent access easements, if required by the City. (b) All easements must have a minimum width of five (5) feet. All such easements Page 57 of 65 {00009803 / v / EMAREK / GUS / 0023 / 4/6/2018} 7 shall be non-exclusive and the trenches used for the placement of the Electric Facilities may be used for the placement of other utilities serving the Property (subject to applicable laws) as directed by Developer. (c) All easements shall be dedicated or conveyed to the City at no cost to the City. (d) All easements shall be at locations approved by City and substantially in the form attached as Exhibit “C” hereto. (e) Executed easements shall be furnished to, and recorded by, City prior to the provision of electric service to the Property, but the commencement of electric service by City to Property shall not waive or relinquish Developer’s obligation to provide any and all such easement(s). V. CONDITIONS, REPRESENTATIONS, AND WARRANTIES 5.1 Indemnification. TO THE FULLEST EXTENT AUTHORIZED BY LAW, DEVELOPER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DEBTS, SUITS, CAUSES OF ACTION, LOSSES, DAMAGES, JUDGMENTS, FINES, PENALTIES, LIABILITIES, AND COSTS, INCLUDING REASONABLE ATTORNEY FEES AND DEFENSE COSTS INCURRED BY CITY ARISING OUT OF OR RELATING TO THE BREACH OF ANY WARRANTY, OR REPRESENTATION OR OTHER OBLIGATION OF DEVELOPER UNDER THIS AGREEMENT. DEVELOPER FURTHER AGREES TO THE FULLEST EXTENT PERMITTED BY LAW, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DEBTS, SUITS, CAUSES OF ACTION, LOSSES, DAMAGES, JUDGMENTS, FINES, PENALTIES, LIABILITIES, AND COSTS, INCLUDING REASONABLE ATTORNEY FEES AND DEFENSE COSTS ARISING OUT OF OR RELATING IN ANY WAY TO DEVELOPER’S NONCOMPLIANCE WITH APPLICABLE LAWS, ORDINANCES, AND REGULATIONS AND/OR FAILURE TO OBTAIN REQUIRED PERMIT(S) AND APPROVAL(S) GOVERNING DEVELOPMENT OF THE PROPERTY OR PERTAINING TO THIS AGREEMENT, EXCEPTING ONLY THOSE DAMAGES, LIABILITIES, OR COSTS ATTRIBUTABLE TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY OR ITS ASSIGNS, OFFICERS, DIRECTORS, AND EMPLOYEES. This indemnity shall survive the termination of this Agreement and shall be binding upon and inure to the benefit of the Parties and their respective successors, representatives, and assigns. 5.2 Representations of Developer. Developer acknowledges, represents, and agrees that: (a) It is qualified in all respects to conduct business within the State of Texas; 5.3 Representations of City. City represents and warrants to Developer that: Page 58 of 65 {00009803 / v / EMAREK / GUS / 0023 / 4/6/2018} 8 (a) City is a Home Rule Municipal Corporation of the State of Texas and has the requisite power and authority to take all necessary action to execute and deliver this Agreement and to perform all obligations hereunder; (b) The execution, delivery, and performance of this Agreement have been duly authorized by all necessary action on the part of City and the person executing this Agreement on behalf of City has been fully authorized and empowered to bind City to the terms and provisions of this Agreement; (c) This Agreement does not contravene any law or any governmental rule, regulation, or order applicable to City; and (d) The execution and delivery of this Agreement and the performance by City of its obligations hereunder do not contravene the provisions of, or constitute a default under, the terms of any contract, resolution, or other instrument to which City is a party or by which City is bound. VI. REMEDIES 6.1 City Remedies. (a) If Developer fails or refuses to timely comply with any of their obligations hereunder, or if Developer’s representations, warranties, or covenants contained herein are not true or have been breached, City will have the right to enforce this Agreement by any remedy at law or in equity or under this Agreement to which it may be entitled; to terminate this Agreement; or to waive the applicable objection or condition and to proceed in accordance with the remaining terms. (b) If Developer’s representations, warranties, or covenants are not true, then City may avail itself of any remedy at law or in equity or under this Agreement to which it may be entitled. 6.2 Default in Payments. (a) All amounts due and owing by Developer to City shall, if not paid when due, bear interest at the Texas post-judgment interest rate as set out in Texas Civil Practice & Remedies Code, or any successor statute, from the date when due until paid, provided that such rate shall never be usurious or exceed the maximum rate as permitted by law. If any amount due and owing by Developer to City is placed with an attorney for collection, and the City prevails in any litigation or arbitration involving the collection, Developer shall bay the City’s costs and attorneys’ fees, and such payments shall be in addition to all other payments provided for by this Agreement, including interest. (b) In the event of any failure to provide a required payment hereunder by Developer, Developer agrees that City may, in its sole discretion, decline to sign any additional final plats for subdivisions within the Property until payment in full is made to City. Page 59 of 65 {00009803 / v / EMAREK / GUS / 0023 / 4/6/2018} 9 6.3 Disputed Payment. If Developer at any time disputes the amount to be paid by it to City, Developer shall nevertheless promptly make or cause to be made the disputed payment or payments, but Developer shall thereafter have the right to seek a determination whether the amount charged by City is in accordance with the terms of this Agreement. 6.4 Default. Unless otherwise provided in this Agreement, if either Party (referred to herein as the “Defaulting Party”) fails to comply with its obligations under this Agreement or is otherwise in breach or default under this Agreement (collectively, a “Default”) other than Default for non-payment of money, then the other Party (referred to herein as the “Non- Defaulting Party”) may not invoke any rights or remedies with respect to the Default until and unless the Non-Defaulting Party delivers to the Defaulting Party a Notice and Opportunity to Cure and the Defaulting Party fails to cure as required. VII. NOTICES 7.1 Addresses. All notices hereunder from Developer to City will be sufficient if sent by certified mail, addressed to City to the attention of City Manager, City of Georgetown, P.O. Box 409, Georgetown, TX 78627. All notices hereunder to Developer will be sufficiently given if sent by certified mail or overnight delivery with confirmation of delivery to Developer at Waypoint Austin Georgetown Owner, LLC, c/o: Waypoint Residential Services, LLC, 13355 Noel Road, Suite 1310, Dallas, Texas 75240, Attention: Chris Harness, with a copy to Waypoint Residential Services, LLC, 150 E. Palmetto Park Rd. Suite 700, Boca Raton, FL 33432, Attention: General Counsel, The address for delivery of notice may be changed by any Party by providing not less than five (5) days prior written notice thereof to the other Parties. VIII. TERM 8.1 Term. This Agreement shall be effective for a period of five (5) years from the Effective Date unless otherwise terminated according to its terms. Any outstanding payment obligation of either Party, and City’s obligations to provide electric service to the Property pursuant to Section 2.5 of this Agreement shall survive termination. IX. MISCELLANEOUS 9.1 Execution. This Agreement may be simultaneously executed in any number of counterparts, each of which will serve as an original and will constitute one and the same instrument. 9.2 Costs and Expenses. Except as otherwise expressly provided herein, each Party will be responsible for all costs and expenses and attorney’s fees incurred by such Party in connection with the transaction contemplated by this Agreement. 9.3 Governing Law. This Agreement will be governed by the Constitution and laws of the State of Texas, except as to matters exclusively controlled by the Constitution and Statutes of the United States of America. Page 60 of 65 {00009803 / v / EMAREK / GUS / 0023 / 4/6/2018} 10 (a) Except as provided below or to Developer’s successors or assigns, Developer shall not assign its rights or obligations hereunder without the prior written consent of City and any purported assignments or delegations in violation of this Agreement, other than to Developer’s successors or assigns, are void and shall have no force or effect. Notwithstanding the foregoing, the Developer may assign all of its rights, duties and obligations under this Agreement to a municipal utility district (“MUD”) that includes all or a portion of the Property provided: (i) the MUD agrees to assume all of Developer’s rights, duties and obligations under this Agreement;(ii) Developer are not then in default under this Agreement and (ii) a fully executed copy of such assignment is furnished to the City after execution. Until assigned as provided herein, the Developer shall remain the obligated party to the City. Upon such assignment to the MUD, the Developer shall be released from all obligations hereunder. (b) City has the right to assign its rights or obligations hereunder without the prior written consent of the Developer. (c) This Agreement shall be binding upon the permitted successors and assigns of Developer and City and shall inure to the benefit of the successors and assigns of Developer and City. 9.4 Headings. The captions and headings appearing in this Agreement are inserted merely to facilitate reference and will have no bearing upon its interpretation. 9.5 Partial Invalidity. If any of the terms, covenants or conditions of this Agreement, or the application of any term, covenant, or condition, is held invalid as to any person or circumstance by any court with jurisdiction, the remainder of this Agreement, and the application of its terms, covenants, or conditions to other persons or circumstances, will not be affected. 9.6 Waiver. Any waiver by any Party of its rights with respect to a default or requirement under this Agreement will not be deemed a waiver of any subsequent default or other matter. 9.7 Amendments. This Agreement may be amended or modified only by written agreement duly authorized by the governing body of City and Developer and executed by the duly authorized representatives of all Parties. 9.8 Cooperation. Each Party agrees to reasonably execute and deliver all such other and further instruments and undertake such actions as are or may become reasonably necessary or convenient to effectuate the purposes and intent of this Agreement. 9.9 Venue. All obligations of the Parties are performable in Williamson County, Texas and venue for any action arising hereunder will be in Williamson County. 9.10 Third Party Beneficiaries. Except as otherwise expressly provided herein and except with respect to the assignment of this Agreement by Developer or City pursuant to Section 9.3 nothing in this Agreement, express or implied, is intended to confer upon any person, other than the Parties, any rights, benefits, or remedies under or by reason of this Agreement. Page 61 of 65 {00009803 / v / EMAREK / GUS / 0023 / 4/6/2018} 11 9.11 Representations. Unless otherwise expressly provided, the representations, warranties, covenants, indemnities, and other agreements will be deemed to be material and continuing and will not be merged. 9.12 Exhibits. All exhibits attached to this Agreement are hereby incorporated in this Agreement as if the same were set forth in full in the body of this Agreement. 9.13 Entire Agreement. This Agreement, including the attached exhibits, contains the entire agreement between the Parties with respect to the Interests to be Acquired and supersedes all previous communications, representations, or agreements, either verbal or written, between the Parties with respect to such matters. 9.14 Approvals. All approvals of any party hereunder shall be in writing. IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be signed, sealed and attested in duplicate by their duly authorized officers, as of the Effective Date. Page 62 of 65 {00009803 / v / EMAREK / GUS / 0023 / 4/6/2018} 12 CITY OF GEORGETOWN By: Dale Ross, Mayor ATTEST: __________________________________________ Shelley Nowling, City Secretary APPROVED AS TO FORM: __________________________________________ Charlie McNabb, City Attorney THE STATE OF TEXAS § § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the _____ day of ________________, 2018, by Dale Ross, Mayor for the City of Georgetown, on behalf of the City. _______________________________________ Notary Public, State of Texas (Seal) Page 63 of 65 {00009803 / v / EMAREK / GUS / 0023 / 4/6/2018} 13 DEVELOPER: WAYPOINT AUSTIN GEORGETOWN OWNER, LLC a Delaware limited liability company By: Name: Chris Harness Title: Authorized Signatory THE STATE OF TEXAS § § COUNTY OF ____________ _____ § This instrument was acknowledged before me on the _____ day of ________________, 2018, by _____________________, as ______________ of Waypoint Austin Georgetown Owner, LLC, a Delaware limited liability company. ________________________________ Notary Public, State of Texas (Seal) Page 64 of 65 {00009803 / v / EMAREK / GUS / 0023 / 4/6/2018} 14 Exhibit “A” Description of Property Page 65 of 65