HomeMy WebLinkAboutAgenda CC 07.28.2009Council Meeting Date: July 28, 2009 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action for an approval to issue payment to Flowers Construction, Inc.
for labor on the City owned electric distribution system in the amount of $28,934.05. - Paul Elkins,
Electric Operations Manger, Jim Briggs, ACM for Utility Operations
ITEM SUMMARY:
On January 25, 2005, Flowers Construction Inc. of Hillsboro, Texas was awarded the bid for labor on
the electric distribution system for a period of one year with the option to renew for five additional
one-year periods. In January 2009, Flowers opted not to renew the contract with the City. At that
time, Flowers was final phase of several projects and was asked to complete projects and invoice by
contract end date. In order to get one of the projects to a stage where Flowers could relinquish their
work and tum it safely over to City staff, it was necessary for Flowers to exceed the $25,000.00
Council approval limit.
Flowers has completed all assigned work and is requesting this final payment in the amount of
$28,934.05. Staff is requesting approval to issue payment to Flowers Construction for work
completed.
STAFF RECOMMENDATION:
Staff recommends the approval of this item for payment to Flowers for work performed.
FINANCIAL IMPACT:
Funds for this expenditure will be budgeted in the Electric Operations Departments Capital
Improvement account:
Fund Actual Budget Available Budget
Balance
610-9-0580-90-011 $28,934.05 $1,423,000.00 $578,161.99
Overhead Conductors
ATTACHMENTS:
1. Invoice from Flowers Construction, Inc.
Submitted By: Paul Elkins,
Electric Operations Manager
INVOICE
Customer Address:
Invoice Number:
472782
CITY OF GEORGETOWN
Invoice Date :3/182009
300 INDUSTRIAL AVENUE
P.O. BOX 409
Work Order #
GEORGETOWN, TX 78627
Job # :
900040
Terms:
Net 30 Days
Job Name or Description
OUR FOREMAN: KERNEY PIPKIN
SHELL ROAD PART TWO
WO# 4XG - PART TWO
Description AmoOnt
Stre6 Road Pan 2 28,934.05
Subtotal 28,934.05
Less: Retainage
Grand Total 28.934.05
THANK YOU FOR YOUR BUSINESSI
Council Meeting Date: July 28, 2009 Item No. r—
AGENDA ITEM COVER SHEET
SUBIE :
Consideration and possible action to approve Task Order No. MEI -09-001 with McCord
Engineering, Inc. (MED, of College Station, Texas, for professional engineering services related to
the review and setting of the electric relays at the various substations on the GUS for an amount
not to exceed $18,600.00. — Steve Glenn, P. E., Transmission and Distribution Engineer, Jim Briggs,
ACM for Utility Operations
ITEM SUMMARY:
This Task Order will ensure that current distribution feeder relay settings are reviewed and
adjusted as appropriate because of changes to the electrical distribution system configuration and
because of new relays being added with new feeders. New TCC Curves will be developed and
coordination will be verified so that the minimum number of customers will be interrupted with
each feeder operation. The Task Order will be for an amount not -to -exceed $18,600.00. The
expected duration of this Task Order is from May 1, 2009 through August 30, 2009.
STAFF RECOMMENDATION:
Staff recommends approval of Task Order No. MEI -09-001 with MEI to verify and adjust
as required all distribution feeder relays at an amount not to exceed $18, 600.00. which will be
used from May 1, 2009 through August 30, 2009.
FINANCIAL IMPACT:
Attached is the project CII' -Budget and Financial Analysis sheet.
ATTACHMENTS:
Capital Improvement Project -Budget and Financial Analysis
Task Order No. MEI -09-001
Submitted By: Steve Glenn, P.E.
Transmission and Distribution
Engineer
City Manager
Capital Improvement Project - Budgetary and Financial Analysis
DATE
716/2009
PROJECT NAME: Relaying Engineering Assistance 40D
Division/Department: Systems Engineering Director Approval
Prepared By: Steve Glenn Finance Approval LL - 07/08
TOTAL ANNUAL BUDGET
210,000
(Current year only)
Actual Cost
Agenda
Total Spent
Encumbrance
Item
& Encumbered
% Annual
(A) before agenda item
(B)
(A + B)
Budget
Consulting
89,796.00
18,600.00
108,396.00
52%
Right of Way
0.00
0%
Construction
0.00
0%
Other Costs'
0.00
0%
Total Current Year Costs (1) 108,396.00
GENERALLEDGER
Approved
CY Budae
210,000.00
Total Budget 210,000.00
TOTAL PROJECT BUDGET 18,600.00
(includes all previous yrs)
Prior Years Current Year Total Project % Total
Consulting
Right of Way
Construction
Other Costs'
Total
Comments:
Costs
osts Costs Budget
18, 600.00 18.600.00 100%
0.00 0.00 0
0.00 0.00 0
0.00 0.00 0%
0.00 1 18,600.00 1 16,600.
Project Name: Optimization of all 12.5 kV and 24.9 kV Relaying
Engineering Firm Name: McCord Engineering, Inc.
Task Order No. MEI -09-001
Date: July 7,2009
City's Designated Representative - Steve Glenn, P.E.
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
General Description of Services or Project:
Evaluate all 12.5 kV and 24.9 kV protective relay settings to optimize the selective coordination.
Review all protective relay logic configurations with the intent of standardization.
City Provided Information or Work: The City shall provide the following services or perform
the following work:
Current electric distribution system design standards, estimates of specific line spacing distances
between conductors, scheduling and facilities for necessary meetings, general documents and
information to review as requested by MEI staff, and historical electric system loading information
for each substation and feeder.
Any documents or information related to the Work/Services provided by the City to the
Professional, including, without limitation, engineering studies, maps, reports, filed data, notes,
plans, diagrams, sketches, or maps (the "Information') is and shall remain the property of the City,
and Professional shall have no ownership or other interest in same. The Professional shall deliver
to the City, if requested, a written itemized receipt for the Information, and shall be responsible for
its safe keeping and shall return it to the City, upon request, in as good condition as when received,
normal wear and tear excepted.
Proposed Project Team:
McCord Engineers, Inc.
Criswell Engineering
Prime Consultant
Relaying Services
MEI will provide Project Management services consisting of billing, project accounting, project
meetings, progress reports and sub -consultant coordination. Criswell Engineering will submit its
fees and reimbursable expenses at actual cost (LOX multiplier) to MEI.
Scope of Work:
Review four types of relay applications found on the GUS distribution system.
These will consist of typical 351 and 3515 relays and two special customer -type 351 relays.
Model all 12.5 kV and 24.9 kV feeder settings using industry approved software.
Master Services Agreement - Task Order
Version 2.26.2009 Page 1
• Develop TCC Curves of all breakers and demonstrate coordination.
• Compare existing and new relay settings and recommend changes where appropriate.
• Complete Task Order within 30 days of notice to proceed.
Statement Regarding Non -Collusion, Prohibited Financial Interests, Prohibited Political
Influences: (Per Article 36 in the Master Service Agreement): Professional hereby represents
and warrants to City that Professional shall not perform any work or services for a third party
that is potentially or actually related to, connected to, a part of, or integral to the work or
services that it has performed is or is performing for the City under this Task Order.
Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to
the attention of the City, and Professional agrees that the City shall be the sole judge as to
whether a conflict or potential conflict of interest with work for private parties or Developer
work exists. If in the judgment of the City such a conflict or potential conflict between City
work and Developer work exists, then Professional agrees to terminate all work under the
affected Task Order(s) immediately and that it shall not be eligible for payment for such
services.
Compensation:
Services will be performed by MEI and Criswell Engineering in amounts not to exceed as follows:
McCord Engineering $ 715.00
Criswell Engineering $17,885.00
$18,600.00
McCord Engineering will provide Project Management fees in the amount not to exceed $ 715.00.
Criswell Engineering will provide engineering assistance in the amount not to exceed $17,885.00.
APPROVED:
CITY OF GEORGETOWN
PROFESSIONAL
Firm Name:McCord Engineering, Inc.
By:
By:
Name:
George George G. Garver
Name:
Rex Wood, P.E.
Title:
Mayor
Title:
Overhead Power Line
Division Manager
Address:
P. O. Box 409
Address:
916 Southwest Pkwy East
Georgetown, Tx 78627
College Station, Tx 77842
Phone:
512.930.3651
Phone:
979.764.8356
Fax:
512.930.3659
Fax:
979.764.9644
E -Mail:
ms@georgetowntx.org
E -Mail:
rwoods@mccordeng.com
Date:
Date:
J a(I qf Z0M
Master Services Agreement — Task Order
Version 2.26.2009 Page 2
Council meeting date: Tuly 28, 2009
AGENDA ITEM COVER SHEET
Item No.:(�7
Ste:
Consideration and possible action to authorize the Mayor to enter into a Purchase
Agreement with MPE Enterprises, LLC for the purchase of a 0.0276 -acre Permanent
Slope Easement in connection with the Rock Street Extension Project. — Terri Glasby
Calhoun, GUS Paralegal, Jim Briggs, Assistant City Manager for Utility Operations
ITEM SUMMARY:
Staff has reached agreement with the landowner for the acquisition a 0.0276 -acre
Permanent Slope Easement to effectuate public utility improvements in connection with
the Rock Street Extension Project. The proposed agreement is based on staffs offer of
fair market value in the amount of $1,600.00, as determined by Chris P. Griesbach, MAI,
a State Certified General Real Estate Appraiser, of Lone Star Appraisals & Realty, Inc.
Excerpts from Mr. Griesbach's March 31, 2009 report are attached for reference. The
attached Purchase Agreement sets out the proposed terms of the real estate transaction,
subject to Council approval.
FINANCIAL IMPACT/SPECIAL CONSIDERATIONS:
$1,600.00, plus related closing costs
STAFF RECOMMENDATION:
Recommend approval.
ATTACHMENTS:
Excerpts from Lone Star Appraisals & Realty, Inc. March 31, 2009 appraisal report
Proposed Purchase Agreement
Submitted By:
Terri Glasby Calhou , GUS Paralegal
— ->6�7
Ji gs, i i ant City Manager
for Utility Operations
It
I
I
i
REAL ESTATE SUMMARY APPRAISAL REPORT
FOR THE CITY OF GEORGETOWN
PARCEL #1
PROJECT DESCRIPTION - EASEMENT— ROCK STREET IMPROVMENTS
PROPERTY AND OWNER: 0.96 Acres owned by MPE Enterprises, LLC.
TYPE ACQUISITION: Ten Foot (10') Wide Permanent Slope Easement
SLOPE EASEMENT ACQUISITION FOR
THE ROCK STREET IMPROVEMENTS PROJECT, IN GEORGETOWN,
WILLIAMSON COUNTY, TEXAS
Appraisal Prepared For:
Ms. Terri Glasby Calhoun, Paralegal
Georgetown Utility Systems
300 Industrial Drive
Georgetown, Texas 78626
As Of:
March 31, 2009
Prepared By:
Lone Star Appraisals & Realty, Inc.
Chris P. Griesbach, MAI
Donnie L. Smith
State Certified General Real Estate Appraiser(s)
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40
LONE STAR APPRAISALS & REALTY
April 15, 2009
Ms. Terri Glasby Calhoun, Paralegal
Georgetown Utility Systems
300 Industrial Drive
Georgetown, Texas 78626
City of Georgetown Utility Systems
Permanent Slope Easement
Project: Rock Street Extension
Parcel #11;
INC.
RE: Parcel #1 — MPE Enterprises, LLC. Analysis and valuation of the ten foot wide permanent
slope easement. LSAR File Number 3074c.cpg/dls.
Dear Ms. Calhoun:
At your instructions, we have prepared an appraisal report of the ten foot wide permanent slope
easement (1,202 Square Feet) on the subject property referenced above. The appraiser has been
requested to estimate the just compensation for the acquisition of the proposed easement on the subject
property. This letter is to convey the conclusions of the appraiser's valuation. Within the following report
which is attached with this letter is the analysis and supporting data utilized in making these conclusions.
The appraisal has been presented herein in a summary format at your request. We have conducted an
inspection of the subject from the public right of way, aerial maps, and a drive by inspection of the
comparable sales.
Market Value is defined within the body of this report. Based upon an investigation and analysis of the
data, the following represents our estimate of just compensation for the proposed easement as of March
31, 2009.
SLOPE EASEMENT
ONE THOUSAND SIX HUNDRED DOLLARS
($1,600)
City of Georgetown Utility Systems
Permanent Slope Easement
Project: Rock Street Extension
Parcel #11;
IThe appraiser will retain all of the supporting analysis and valuation estimations within the appraiser's file.
If requested the appraiser can and will produce all supporting information to the client.
If you have any questions regarding the analysis of the subject property, the data utilized, and/or the
analysis of the appraiser in formulating the conclusions reported herein please feel free to contact us.
It should be noted that the appraiser has not been supplied with a title commitment, norfinal construction
plans. The appraisal was completed based on the field notes of the proposed easement dimensions and
areas provided to the appraiser by the client. Should the final designs be altered, the valuation estimates
herein would be subject to change. The appraiser has reviewed any recorded easements on the subject
property; therefore, it was assumed that no adverse easements existed on the subject property other
than the typical Slope Easements along the property boundaries.
II Respectfully submitted,
LONE STAR APPRAISALS & REALTY, INC.
Valuation Co sultants
Chris P. Griesbach, MAI
Principal
State Certified (Texas)
TX -1321135-G
0 'W�
Donnie L. Smith
Senior Appraiser
State Certified (Texas)
TX -1 338244-G
City of Georgetown Utility Systems
Permanent Slope Easement
Project: Rock Street Extension
Parcel #7;
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
WCAD Parcel Number: R040315
Chisholm Trail SLID Reference: Parcel # 1
Whole Property: 0.96 acres — N. Porter Survey, Abstract 497, Williamson
County, Tx.
Property Owner: MPE Enterprises, LLC.
Whole Property Size: 0.96 Acres / 41,818 SF
Slope Easement: 0.0276 Acres / 1,202 SF
Remainder Property Size: 0.96 Acres / 41,818 SF
Location/Address: 300 W. Morrow Street, Georgetown, Williamson County,
Texas
Effective Date of Appraisal: March 31, 2009
n
Property Rights Appraised
jWhole Property: Fee Simple
Current Zoning: C-3, Commercial
Improvements: Car Wash Facility
Highest and Best Use: As Vacant: Commercial Office
As Improved: Continued Car Wash Use
a
I
City of Georgetown Utility Systems
Permanent Slope Easement
Project: Rock Street Extension
Parcel #1;
SUMMARY OF VALUES
Value of Whole Property (As vacant)...............................................................................$219,542
Value of Improvements...............................................................................................$ 15,000
Whole Property Value As Improved..............................................................................$234,542
ESTIMATION OF DAMAGES OR ENHANCEMENTS TO THE REMAINDER:
Value of the Remainder Before the Acquisition...................................................................$232,964
Value of the Remainder After the Acquisition...................................................................$ 232,967
Indicated Enhancements or Damages......................................................................$ -0- *
. * The $3.00 difference is simply due to rounding.
SUMMARY OF TOTAL COMPENSATION:
Estimated Compensation for Slope Easement...................................................................$ 1,578
. , Rounded To: ............................................................................................................ $ 1,600
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PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (this "Agreement") is made and entered into by and
between MPE ENTERPRISES, LLC, a Texas limited liability company, of Williamson County,
Texas ("Seller"), and the CITY OF GEORGETOWN, a Texas home -rule municipal corporation,
situated in Williamson County, Texas ("Purchaser").
WITNESSETH:
ARTICLE 1.
Pro e
1.1 For the purchase price and upon the terms and conditions hereinafter set forth, Seller
does hereby agree to sell to Purchaser, and Purchaser does hereby agree to purchase from Seller:
(a) All that certain property consisting of approximately, a 0.0276 -acre
Permanent Slope Easement out of the NICHOLAS PORTER SURVEY, A-497,
situated in Williamson County, Texas, and being a portion of a called 0.96 acre tract
conveyed to Pluchea Property, LP as per Clerk's File No. 2004082140,Official Public
Records of Williamson County, Texas, and being more fully described by metes and
bounds in Exhibit A hereto and made a part hereof (the "Land"), together with all
improvements thereon, if any (the "Improvements"), the Land and Improvements, if
any, hereinafter collectively referred to as the "Property"; and
(b) All appurtenances ("Appurtenances"), including all the rights, ways,
waters, privileges and alleys serving the Land or the Improvements or in anywise
appertaining; all right, title and interest of Seller in any land lying in the bed of any
street, alley, road, avenue, creek, river or stream, existing or proposed, in front of or
adjoining the Land; and any letters of credit, permits, water or wastewater living unit
equivalent allocations, contracts, utility taps or connections, and other development
rights and benefits associated with the Property.
ARTICLE 2.
Purchase Price
2.1 The purchase price for the Property (the "Purchase Price") shall be One Thousand
Sixteen Hundred and No/100 Dollars ($1,600.00). The Purchase Price shall be paid in cash at
closing. Closing shall be handled by Georgetown Title Company, Inc., 702 Rock Street,
Georgetown, Texas, 78626, ATTN: Laura Wolf.
ARTICLE 3.
Survey
3.1 Purchaser shall obtain and deliver to the Title Company a metes and bounds survey
and an accompanying sketch of the Property to be conveyed.
ARTICLE 4.
Title Matters and Conveyancing Documents
4.1 Within ten (10) days after the date hereof, Purchaser shall obtain from the Title
Company and deliver to Seller a Commitment for Owner's Policy of Title Insurance (the
"Commitment") in Purchaser's favor in the amount of the purchase price for the Property Interests
and reflecting the ownership of and encumbrances upon the Property, together with copies of all
items reflected thereon. If either the Commitment or the Survey reveals defects in title or other
conditions not permitted hereunder which Purchaser finds unacceptable, in Purchaser's sole
discretion, Purchaser shall give notice to Seller of such unacceptable conditions within ten (10) days
after receipt by Purchaser of the Commitment. Any liens or security interests securing indebtedness,
or title defects described on Schedule "C" of the Commitment, shall be deemed unacceptable
regardless of Purchaser's failure to object to all such matters as aforesaid. If Seller fails to remove all
such unacceptable conditions within twenty (20) days after the date Purchaser delivers such notice,
Purchaser may, at Purchaser's sole election, either (i) cancel this Agreement, (ii) extend up to thirty
(30) additional days the time allowed for Seller to remove such unacceptable objections, or
(iii) accept such title as Seller can deliver. All matters permitted or approved or accepted by
Purchaser hereunder shall be "Permitted Exceptions." The Commitment shall be updated to the time
of closing and shall reveal no other exceptions to title than appeared in the Commitment previously
approved by Purchaser as aforesaid.
4.2 Seller shall furnish Purchaser prior to closing an executed Permanent Slope Easement
to the Property in the form attached hereto as Exhibit B, the Permanent Slope Easement shall, except
only to matters affecting the Property which are approved by Purchaser in accordance with Section
4.1 above.
4.3 If the Land is situated within a utility district subject to the provisions of Section
50.301, Texas Water Code, then at or prior to closing Seller shall give Purchaser the written notice
required by said Section 50.301 and Purchaser agrees to sign and acknowledge the notice to evidence
receipt thereof.
ARTICLE 5.
Inspections and Contingencies
5.1 Seller agrees to deliver to Purchaser within five (5) days after the date hereof, copies
of all surveys (including but not limited to, maps, studies, appraisals, site plans, reports,
environmental assessments, wetlands studies, and other documents or written information relating to
the Property which Seller has in Seller's possession or control, and will instruct Seller's engineers to
provide Purchaser with access to any of such items in Seller's engineers' control (collectively, the
"Property Information'). For a period of forty-five (45) days (the "Inspection Period") after the date
hereof, Purchaser shall have reasonable access to (and the right to inspect) the Property. hi this
connection, Purchaser and Purchaser's agents may enter upon and have access to the Property for the
purpose of conducting engineering and other studies, surveys, site analyses, soil borings and such
other tests which Purchaser may deem desirable, during all normal business hours. Seller agrees to
cooperate with and assist Purchaser in the inspection of the Property. Purchaser must employ only
trained and qualified inspectors and assessors; notify Seller, in advance, of when the inspectors or
assessors will be on the Property; abide by any reasonable entry rules or requirements that Sellermay
require; not interfere with existing operations or occupants of the Property; and restore the Property
to its original condition if altered due to inspections, studies, or assessments that Purchaser
completes or causes to be completed. Except for those matters that arise from the negligence of
Seller or Seller's agents, Purchaser is responsible for any claim, liability, encumbrance, cause of
action, and expense resulting from Purchaser's inspection, studies, assessments, including any
property damage or personal injury. Furthermore, Purchaser agrees to release Seller and Seller's
agents from any liens or claims which may arise by or through Purchaser in connection with such
activities. If Purchaser finds the Property unacceptable for any reason and so notifies Seller within
the Inspection Period, this Agreement shall terminate and thereafter no party shall have any further
rights or obligations hereunder. This Section 6.1 survives any termination of this contract and/or any
closing hereunder.
5.2 To the extent that Purchaser requires Seller's cooperation in pursuing approval of the
Property by all appropriate governmental agencies, boards and departments for Purchaser's proposed
development and use of the Property, Seller agrees that Seller shall cooperate fully with and assist
Purchaser in processing approvals for Purchaser's development of and use of the Property, which
cooperation and assistance shall not be unreasonably withheld, conditioned or delayed. Seller shall
not be required to incur any cost in connection with such cooperation.
5.3 Seller shall not take any action nor permit any occurrence which will affect the
Property after closing. Without limitation, Seller shall not execute or deliver any easement,
restriction, lien, or other encumbrance affecting the Property. Seller shall not withdraw or allow to
lapse any application, permit or approval affecting the Property.
ARTICLE 6.
Representations
6.1 Seller represents to Purchaser that as of the date hereof and as of the date of closing:
(a) Seller has full and complete title to the Property, subject to no liens or
encumbrances other than as reflected in the Commitment.
(b) To the best of Seller's knowledge, there are no lawsuits pending or
threatened against or involving Seller or the Property.
(c) To the best of Seller's knowledge, there are no pending or threatened
claims, condemnations, planned public improvements, annexation, special
assessments, zoning or subdivision changes, or other adverse claims affecting the
Property.
(d) To the best of Seller's knowledge, the Property is in compliance with
all applicable ordinances of any municipality or other governmental entity having
jurisdiction over the Property.
(e) To the best of Seller's knowledge, the Property has not been used as a
land fill or for the storage or disposal of any hazardous or toxic materials, and has not
been designated by any governmental authority as being in a "flood plain" or other
flood -prone area.
(f) Other than the current owner of the Property, to the best of Seller's
knowledge, there are no third parties in possession of any portion of the Property as
lessees, tenants at sufferance, or trespassers; there are no leases, licenses or other
agreements relating to the use, occupancy or possession of the Property, or any part
thereof; and no third parties are entitled to, or are claiming or entitled to claim,
possession of the Property, or any part thereof.
6.2 All of the above representations shall be true and correct as of closing, and shall
survive closing.
ARTICLE 7.
Closing Matters
7.1 The transaction contemplated hereby shall be closed on or before thirty (30) days after
expiration of the Inspection Period on a date set by Purchaser.
7.2 Closing shall be at the main office of the Title Company or at such other location
acceptable to both Seller and Purchaser. The Title Company shall issue the Owner's Title Policy to
Purchaser at closing, subject only to the Permitted Exceptions and, at the election and expense of
Purchaser, with the rights of parties in possession exception deleted and the survey exception
deleted, to the extent pemritted by applicable rules. Seller shall deliver sole possession of the
Property to Purchaser at closing, subject to the Permitted Exceptions.
7.3 Purchaser agrees to pay at or prior to the time of closing the cost of the Owner's
Policy of Title Insurance and the cost of preparing the easement and any lien releases. Purchaser shall
pay for the cost of recording the easement and all other closing costs, except for the cost of
obtaining and recording any release of liens on the Property which shall be Seller's responsibility,
shall be allocated as is customary in Williamson County, Texas.
7.4 At closing, real estate and personal property taxes shall be prorated based upon the
most recent tax information available. However, as soon as the tax bill for the period which includes
the date of closing is received, an adjustment shall be made in prorated taxes, if necessary, between
Seller and Purchaser based on the actual tax bill. In that event, the party owing the adjusted amount
shall pay to the other party hereto upon demand the additional amount to correct the proration made
at closing. If Seller changes the use of the Property before closing or if a denial of a special
valuation on the Property claimed by Seller results in the assessment of additional taxes, penalties, or
interest (assessments) for periods before closing, the assessments will be the obligation of the Seller.
If this sale or Purchaser's use of the Property after closing results in additional assessments for
periods before closing, the assessments will become the obligation of Seller. This Section 7.4
survives closing.
ARTICLE 8.
Default
8.1 If Seller is in default hereunder, Purchaser, as Purchaser's sole remedies, may enforce
specific performance of this Agreement against Seller, or cancel this Agreement. Failure to cure title
or survey objections shall not be treated as a default by Seller and, in such cases, Purchaser's only
remedy shall be to terminate this Agreement.
8.2 If Purchaser is in default hereunder, Seller, as Seller's sole remedies, may cancel this
Agreement and retain all Earnest Money, if any, such amount constituting liquidated damages and
not a penalty, it being agreed that such sum is reasonable in view of the difficulty of ascertaining
actual damages.
ARTICLE 9.
Condemnation
9.1 During the period from the date hereof to closing, all risk of loss from condemnation
or eminent domain shall be borne by Seller. If any condemnation proceedings are instituted or
threatened between the date hereof and closing, Purchaser may elect to close and receive an
assignment of all condemnation awards, or cancel this Agreement and receive a refund of all earnest
money, if any.
ARTICLE 10.
Attome s Fees
10.1 If either party brings suit for the breach of any covenant, condition or agreement
contained herein, the prevailing party shall be entitled to recover all reasonable attorney's fees and
expenses in connection therewith.
ARTICLE 11.
Notices
11.1 All of the requirements and provisions herein for notice shall have been met when
such notice has been placed in writing and personally delivered, delivered by facsimile transmission,
with proof of receipt (with a copy of such notice concurrently delivered by either hand delivery or
certified mail), or sent certified United States mail, postage prepaid, return receipt requested to the
respective parties hereto at the following addresses:
to Seller at: MPE Enterprises, LLC
Del E. Eckert, Managing Member
10604 Medinah Greens Drive
Austin, Texas 78717
and to Purchaser at: City -of Georgetown
113 E. 8' Street
Georgetown, Texas 78627
Attn: Jim Briggs, Assistant City Manager for Utility Operations
with copy to: Patricia E. Carls
Carls, McDonald and Dalrymple, LLP
901 S. Mo Pac Expressway, Suite 500
Austin, Texas 78746
The date of receipt shall be the date of actual receipt of such notice if the notice is personally
delivered or sent by facsimile transmission (provided that any facsimile transmission not sent on a
business day, or sent after 5:00 p.m. on a business day, shall be deemed received on the next business
day), or two (2) days after the postmark date, whichever is sooner. Addresses given herein for notice
may be changed by either Seller or Purchaser by notification in writing in accordance with the
provisions of this Agreement.
ARTICLE 12.
Time is of the Essence
12.1 The obligations and undertakings of the parties hereto shall be performed within the
time specified therefor, time being of the essence, and failure to perform within such time shall
constitute a breach of this Agreement on the part of the party who fails to perform.
ARTICLE 13.
Binding Effect: Assianruent
13.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto,
their respective heirs, successors and assigns. Purchaser may assign this Agreement upon written
notice to Seller.
ARTICLE 14.
Other Provisions
14.1 This writing and the exhibits hereto set forth the entire agreement between the parties,
and no other statement, agreement or understanding, oral or written, will be recognized or enforced
unless the same shall be in writing and signed by both parties subsequent to the date hereof.
14.2 Purchaser may, at Purchaser's option, waive any condition or contingency of this
Agreement and proceed to close despite the condition or contingency.
14.3 This Agreement may be executed simultaneously in two (2) or more counterparts,
each of which shall be deemed an original, but all of which shall constitute one and the same
instrument.
14.4 This Agreement shall be governed by Texas law and all causes of action in connection
herewith shall be maintained in proceedings filed in Williamson County, Texas.
14.5 If any of the deadlines set forth herein end on a Saturday, Sunday or legal holiday,
such deadline shall automatically be extended to the next day which is not a Saturday, Sunday or
legal holiday. The term "business days" as used herein shall mean all days which are not a Saturday,
Sunday or legal holiday.
14.6 Seller and Purchaser each represent and warrant to the other that they have full
authority to execute this Agreement and fulfill all of the terms and conditions hereof. Seller and
Purchaser shall present to each other and the Title Company all reasonable evidence of authority
which may be requested in connection with this Agreement.
14.7 Seller agrees to furnish to Purchaser prior to closing either (i) an affidavit stating,
under penalties of perjury that Seller is not a "foreign person" (as defined in the Tax Reform Act of
1984) and giving Seller's taxpayer identification number or (ii) a Qualifying Statement from the
Internal Revenue Service stating that Seller has arranged to pay any tax due by Seller in connection
with this transaction. In the event that Seller fails to provide the documentation required by either (i)
or (ii) above prior to closing, Purchaser may withhold from the cash due at closing such amounts as
Purchaser may be required to withhold from a purchase from a "foreign person" under the Tax
Reform Act of 1984.
ARTICLE 15.
Offer; Effective Date
15.1 The offer implied by presentation of this Agreement by Purchaser shall be accepted by
Seller by delivering a fully executed copy of this Agreement to Purchaser and the Title Company no
later than 5:00 p.m., June 12, 2009, failing in which this offer shall automatically terminate. Such
offer may be withdrawn by Purchaser at any time prior to acceptance.
15.2 The parties agree to deposit with the Title Company a fully executed copy of this
Agreement with all attachments and exhibits hereto. The date of the Title Company's receipt of such
fully executed copy of this Agreement as set forth below shall be deemed to be the date of this
Agreement and shall be referred to as "the date hereof."
15.3 Notwithstanding anything herein contained to the contrary, this offer (and this
Agreement if executed by Seller and Purchaser) is expressly contingent upon approval hereofby the
City Council of the City of Georgetown within thirty (30) days from the date hereof In the event
such approval is not granted within the said thirty -day period, then this Agreement shall be null and
void and of no further force or effect.
IN WITNESS WHEREOF, this Agreement has been duly executed on the dates set forth below.
Date: /0 P
Date:
APPROVED AS TO FORM:
SELLER:
MPE Enterprise, LLC, a Texas limited
liability company
By:
Del E. Ecke , Managing Member
PURCHASER:
CITY OF GEORGETOWN
IM
George G. Garver, Mayor
ATTEST:
Jessica Hamilton, City Secretary
Patricia E. Carls, Carls, McDonald and Dalrymple, LLP
City Attorney
Receipt of executed copy of this Agreement is hereby acknowledged this day of
, 2009
M
Escrow Officer
EXHIBIT "A"
FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC.
November 5, 2008
Surveyor's Field Notes for:
0.0276 ACRE, situated in the NICHOLAS PORTER SURVEY, ABSTRACT 497,
Williamson County, Texas, and being a portion of a called 0.96 Acre tract conveyed
to Pluchea Property, LP as per Clerk's File No. 2004082140, Official Public Records
of Williamson County, Texas, and being more particularly described as follows:
BEGINNING at a calculated point on the north line of said 0.96 Acre tract, which
bears N 87° 35' 42" E — 221.53' from a '/i' iron rod found at the northwest corner of
said 0.96 Acre tract, being on the south line of a public roadway known as Morrow
Street, for the northwest corner of the herein described tract;
THENCE, in an easterly direction, with the south line of said Morrow Street, N 87° 35'
42" E — 10.00', to a calculated point at the northeast corner of said 0.96 Acre tract,
being on the west line of a public roadway known as Rock Street, which bears S 87°
35' 42" W — 47.75' from a steel spindle found on the east line of said Rock Street,
also being the northwest corner of a called 0.273 Acre tract conveyed to David M.
Jabour and Margaret Jabour as per Clerk's File No. 2005074444, Official Public
Records of Williamson County, Texas, for the northeast corner of the herein
described tract;
THENCE, in a southerly direction, with the west line of said Rock Street, same being
the east line of said 0.96 Acre tract, S 01° 59' 51" E — 75.37', to a ''/2" iron rod found,
being the southwest corner of said Rock Street, and the northwest corner of a called
0.05 Acre tract conveyed to Ray F. Thomas in Document No. 9923758, Official Public
Records of Williamson County, Texas;
THENCE, continuing in said southerly direction, with the west line of said 0.05 Acre
tract, same being the east line of said 0.96 Acre tract, S 02° 37' 15" E — 44.73', to a
'/Z" iron rod found, being the southwest corner of said 0.05 Acre tract, the southeast
corner of said 0.96 Acre tract, and being the north line of a called 8.6962 Acre tract
conveyed to Duke's Smokehouse, Ltd. as per Clerk's File No. 2002069811, Official
Public Records of Williamson County, Texas, for the southeast corner of the herein
described tract;
THENCE, in a westerly direction, with the north line of said 8.6962 Acre tract, same
being the south line of said 0.96 Acre tract„ S 87° 10' 30" W — 10.00', to a calculated
point, for the southwest corner of the herein described tract;
EXHIBIT
Page Of 3
2
Surveyor's Field Notes for 0.0276 ACRE (continued):
THENCE, in a northerly direction, N 02° 37' 15" W — 44.77', a calculated point, and
N 010 59' 53" W — 75.41', to the POINT OF BEGINNING and containing 0.0276 Acre
of Land.
This project is referenced to the City of Georgetown Coordinate System, an
extension of the Texas Coordinate System of 1983, Central Zone. All distances are
horizontal surface distances unless noted and all bearings are grid bearings. All
coordinates are referenced to City Monument No. GT04. The theta angle at City
Monument No. GT04 is 01'21'47". The combined correction factor (CCF) is
0.99990229. Grid distance = Surface distance X CCF. Geodetic north = Grid north +
theta angle. Reference tie from City monument No. GT04 to the northwest corner of
this 0.0276 acre tract is N 24043'40" E 5452.56 feet. Published City coordinates for
project reference point GT04 are N. = 10,203,828.6635 E. = 3,128,836.4536.
This document is not valid for any purpose unless signed and sealed by a Registered
Professional Land Surveyor.
This metes and bounds description to accompany a Surveyor's Sketch showing the
herein described 0.0276 Acre tract.
Surveyed October 5, 2007
ALL COUNTY SURVEYING, INC.
1 -800 -749 -PLAT
server/projects/pro8000/998000/998087/99808702-1. doc
G OF
CHARLES C. Wn,c)
'. 4636
t'� •'i'�FcS-`�10;� JC , I
Charles C. Lucko v &I 71d
Registered Professional Land Surveyor
Registration No. 4636
EXHIBIT
If
A t 1
Page - = —of
5urveyor's 5ketch�wirig 0.02-16 ACRE OF LAND, situated in the NICHOLAS
PORTER VVEEYY, ABSTRACT 441, Williamson County, Texas.
V2' Iron
Wfod Founct
N 81035'42" E
This sketch to accompany a metes and bounds
description of the hereon shown 0.0216 Acre tract.
221.53'
N 81035'42" E
y10.00'
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EXHIBI
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S 81"10130" W
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DUKE'S SMOKEHOUSE, LTD.
Clerk's File No. 2002069811
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Food
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Rad Found
This project is referenced to the City of Georgetown Coordinate System, an extension of the Texas Coordinate
System OF 1983, Central Zone. All dlstonces are horizontal surface distonces unless noted and oil bearings ore
grid bearings. All coordinates ore referenced to Clty Monument No. 6T04. The theto angle at City Monument No.
GTO4 Is 0I°21'41". The combined correction Factor (CCF) is 0.99990229. Grid distance = Surface distance X
CCF. Geodetic north = Grid north - theta angle. Reference tie From City monument No. 6T04 to the northwest
�orner of this 0.030 acre tract is N 24'43'40" E 5452.56 feet. Published City coordinates for project
eference point 6T04 are N. = 10 03028.6635 E. = 3,128036.4536.
ALL COUNTY SMVEYINU, INC.
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1303 South 21st Street
CHARLESC LUCP:O i
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Job No.:
998081.2
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DW NO.:
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All Gmnty 5u eyny. Inc.
EXHIBIT "B"
PERMANENT SLOPE EASEMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
KNOW ALL MEN BY THESE PRESENTS:
This Agreement (this "Agreement") is made on the day of
2009, at Georgetown, Texas, between MPE ENTERPRISES, LLC, a Texas limited liability
company, whose address is 10604 Medinah Greens Drive Austin, Texas 78717 (hereinafter
referred to as "Grantor"), and the City of Georgetown, a Texas home -rule municipal
corporation, whose address is P.O. Box 409 Georgetown, Texas 78627, Attn: Georgetown
City Secretary (herein referred to as "Grantee").
1. For the good and valuable consideration described in Paragraph 2 below, Grantor
hereby GRANTS, SELLS and CONVEYS to Grantee, its successors and assigns,
an exclusive easement and right-of-way (the "Easement") to construct and maintain
an earth cut/fill slope supporting the adjacent public road improvements and for the
unrestricted right of ingress and egress to such slope area and related
appurtenances (collectively, the "Facilities"), on, over, under, and across the
following described property of the Grantor, to wit:
Being all that certain tract, piece or parcel of land lying and being
situated in the County of Williamson, State of Texas, being more
particularly described by metes and bounds in Exhibit A and by
diagram in Exhibit B attached hereto and made a part hereof for
all purposes (herein sometimes referred to as the "Easement
Area" or the "Property").
2. The Easement and the rights and privileges herein conveyed, are granted for and in
consideration of the sum of One Thousand Sixteen Hundred and No/100 Dollars
($1,600.00) and other good and valuable consideration to Grantor in hand paid by
Grantee, the receipt and sufficiency of which is hereby acknowledged and
confessed.
3. The Easement, with its rights and privileges, shall be used only for the purpose
ofconstructing and maintaining the Facilities.
4. The duration of the Easement is perpetual.
5. Grantor and Grantor' s heirs, personal representatives, successors, and assigns are
and shall be bound to WARRANT and FOREVER DEFEND the Easement and the
rights conveyed in this Agreement to Grantee and Grantee's successors and
assigns, against every person lawfully claiming or to claim all or any part thereof.
6. The Easement, and the rights and privileges granted by this Agreement, are
EXCLUSIVE to Grantee, and Grantee's successors and assigns, and Grantor
covenants that Grantor shall not convey any other easement, license, or conflicting
right to use in any manner, the area (or any portion thereof) covered by this grant.
7. This Agreement contains the entire agreement between the parties relating to its
subject matter. Any oral representations or modifications concerning this
• Agreement shall be of no force and effect. Any subsequent amendment or
modification must be in writing and agreed to by all parties.
8. The terms of this Agreement shall be binding upon Grantor, and Grantor's heirs,
personal representatives, successors, and assigns; shall bind and inure to the benefit
of the Grantee and any successors or assigns of Grantee; and shall be deemed to be
a covenant running with the land.
EXHIBIT
PERMANENT SLOPE EASEMENT Dage I Of_ --LL__ Page 1 of 2
EXHIBIT "A"
FIELD NOTES PREPARED BY ALL COUNTY SURVEYING, INC.
November 5, 2008
Surveyor's Field Notes for
0.0276 ACRE, situated in the NICHOLAS PORTER SURVEY, ABSTRACT 497,
Williamson County, Texas, and being a portion of a called 0.96 Acre tract conveyed
to Pluchea Property, LP as per Clerk's File No. 2004082140, Official Public Records
of Williamson County, Texas, and being more particularly described as follows:
BEGINNING at a calculated point on the north line of said 0.96 Acre tract, which
bears N 870 35' 42" E — 221.53' from a ''/i' iron rod found at the northwest corner of
said 0.96 Acre tract, being on the south line of a public roadway known as Morrow
Street, for the northwest corner of the herein described tract;
THENCE, in an easterly direction, with the south line of said Morrow Street, N 87° 35'
42" E — 10.00', to a calculated point at the northeast corner of said 0.96 Acre tract,
being on the west line of a public roadway known as Rock Street, which bears S 870
35' 42" W — 47.75' from a steel spindle found on the east line of said Rock Street,
also being the northwest corner of a called 0.273 Acre tract conveyed to David M.
Jabour and Margaret Jabour as per Clerk's File No. 2005074444, Official Public
Records of Williamson County, Texas, for the northeast corner of the herein
described tract;
THENCE, in a southerly direction, with the west line of said Rock Street, same being
the east line of said 0.96 Acre tract, S 01° 59' 51" E — 75.37', to aY2" iron rod found,
being the southwest corner of said Rock Street, and the northwest corner of a called
0.05 Acre tract conveyed to Ray F. Thomas in Document No. 9923758, Official Public
Records of Williamson County, Texas;
THENCE, continuing in said southerly direction, with the west line of said 0.05 Acre
tract, same being the east line of said 0.96 Acre tract, S 02° 37' 15" E — 44.73', to a
Y2" iron rod found, being the southwest corner of said 0.05 Acre tract, the southeast
corner of said 0.96 Acre tract, and being the north line of a called 8.6962 Acre tract
conveyed to Duke's Smokehouse, Ltd. as per Clerk's File No. 2002069811, Official
Public Records of Williamson County, Texas, for the southeast corner of the herein
described tract;
THENCE, in a westerly direction, with the north line of said 8.6962 Acre tract, same
being the south line of said 0.96 Acre tract„ S 87° 10' 30" W —10.00', to a calculated
point, for the southwest corner of the herein described tract;
tL
EXHIBIT 1
,age
9
2
Surveyor's Field Notes for 0.0276 ACRE (continued):
THENCE, in a northerly direction, N 02° 37' 15" W — 44.77', a calculated point, and
N 010 59' 53" W — 75.41', to the POINT OF BEGINNING and containing 0.0276 Acre
of Land.
This project is referenced to the City of Georgetown Coordinate System, an
extension of the Texas Coordinate System of 1983, Central Zone. All distances are
horizontal surface distances unless noted and all bearings are grid bearings. All
coordinates are referenced to City Monument No. GT04. The theta angle at City
Monument No. GT04 is 01021'47". The combined correction factor (CCF) is
0.99990229. Grid distance = Surface distance X CCF. Geodetic north = Grid north +
theta angle. Reference tie from City monument No. GT04 to the northwest corner of
this 0.0276 acre tract is N 24°43'40" E 5452.56 feet. Published City coordinates for
project reference point GT04 are N. = 10,203,828.6635 E. = 3,128,836.4536.
This document is not valid for any purpose unless signed and sealed by a Registered
Professional Land Surveyor.
This metes and bounds description to accompany a Surveyor's Sketch showing the
herein described 0.0276 Acre tract.
Surveyed October 5, 2007
ALL COUNTY SURVEYING, INC.
1 -800 -749 -PLAT
serve r/projects/pro8000/998000/998087/99808702-1. doc
CHARLES C. Li'< •;0 ;
'asz+ a;
Charles C. Lucko
Registered Professional Land Surveyor
Registration No. 4636
it
EXHIBIT
lqe 3 of ---L-
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Surveyor's Sketch showing 0.0276 ACRE OF LAND, situated In the NICHOLAS
PORTER SURVEY, ABSTRACT 497, Williamson County, Taxers.
This sketch to accompany a metes and bounds
description of the hereon shown 0.0216 Acre tract.
This project Is referenced to the City of Georgetown Goordinote System, on extension of the Texas Coordinate
System of 1983, Central Zone. All distances are horizontal surface distances unless noted and all bearings are
grid bearings. All coordinates are referenced to City Monument No. GT04. The theto angle at City Monument No.
6T04 is 01.21'41'. The combined correction factor ((XF) Is 0.99990229. Grld distance = Surface distance X
Cr -F. Geodetic north = Grld north + theta angle. Reference tie from City monument No. aT04 to the northwest
corner of this 0.030 ogre tract is N 24'43'40" E 5452.56 feet. Published City coordinates for project
reference point 6T04 are N. = 10,203,828.6635 E. = 3,128436.4536.
aw j --I ALL COUNTY SURVEYING, INC.
Surveying
•Mapping
•
1303 South 21St Street Construction Layout
Temple, Texas 16504
254-118-2212 Killeen 254-634-4636
Fox 254-114-1608
5urvey
Ed
(60' ROYO (Aeptlolt 5uAae)
10-05-2001
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This project Is referenced to the City of Georgetown Goordinote System, on extension of the Texas Coordinate
System of 1983, Central Zone. All distances are horizontal surface distances unless noted and all bearings are
grid bearings. All coordinates are referenced to City Monument No. GT04. The theto angle at City Monument No.
6T04 is 01.21'41'. The combined correction factor ((XF) Is 0.99990229. Grld distance = Surface distance X
Cr -F. Geodetic north = Grld north + theta angle. Reference tie from City monument No. aT04 to the northwest
corner of this 0.030 ogre tract is N 24'43'40" E 5452.56 feet. Published City coordinates for project
reference point 6T04 are N. = 10,203,828.6635 E. = 3,128436.4536.
aw j --I ALL COUNTY SURVEYING, INC.
Surveying
•Mapping
•
1303 South 21St Street Construction Layout
Temple, Texas 16504
254-118-2212 Killeen 254-634-4636
Fox 254-114-1608
5urvey
Ed
completed:
10-05-2001
g
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Scale:
I• = 20'
Job No.:
998081.2
8
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99808102-1
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/ � " copyr1ot 2008 All county 5u eylny, Inc. 2
Council meeting date: Jul, 28� 2009 Item No.:
AGENDA ITEM COVER SHEET
SUB E T:
Consideration and possible action to approve a Resolution finding public convenience and necessity and
authorizing eminent domain proceedings, if necessary, for the acquisition of a permanent utility easement and a
temporary construction easement from Thomas D. Stipanovic, Paul D. Stipanovic and Steve Pena, as custodian on
behalf of Karsen Stipanovic and Karli Stipanovic, to effectuate certain public utility infrastructure improvements
in connection with the 2006 Annexation Utility Improvement Project — Terri Glasby Calhoun, GUS Paralegal, and
Jim Briggs, Assistant City Manager for Utility Operations
ITEM SUMMARY:
As part of the 2006 Annexation Utility Improvements Project, staff has begun the process of acquiring
approximately sixty (60) easements that will be required to provide the landowners within the annexed areas
with utility improvements the City is obligated to provide in accordance with the annexation service plans.
A resolution finding public convenience and necessity ("PCN Resolution') authorizing the acquisition of the
easements by either negotiation or condemnation is necessary to insure that the acquisition process complies with
eminent domain law and to avoid delays in acquiring the easement(s), if the parties are unable to reach
agreement on compensation through negotiation. The attached resolution is the first of many related to the 2006
annexations that will presented to Council over the next few months and, if approved, will authorize the
acquisition of a 20 -foot -wide (1.478 acres/64,403 square feet) permanent utility easement and a 50 -foot -wide (3.63
acres/158,331 square feet), from Thomas D. Stipanovic, Paul D. Stipanovic and Steve Pena, as custodian on behalf
of Karsen Stipanovic and Karli Stipanovic, for the construction of a wastewater line. A map showing the general
location of the easement is attached for reference.
FINANCIAL IMPACT/SPECIAL CONSIDERATIONS:
n/a
ATTACHMENTS:
Proposed Resolution
Map showing location of Stipanovic easement
Submitted by:
ak'UAAO�
Terri Glasby Calhoun, G Paralegal
Jim Brig , Aksistty Manager
i
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GEORGETOWN FINDING PUBLIC CONVENIENCE
AND NECESSITY AND AUTHORIZING EMINENT
DOMAIN PROCEEDINGS, IF NECESSARY, FOR
ACQUISITION OF REAL PROPERTY TO EFFECTUATE
CERTAIN PUBLIC UTILITY INFRASTRUCTURE
IMPROVEMENTS; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, in order to promote public health, safety, and welfare, the City of
Georgetown (the "City") hereby finds that public convenience and necessity requires acquisition
of a permanent utility easement on, over, under and across that certain tract of real property in
Williamson County totaling 1.478 acres, more or less, and described by metes and bounds in the
attached Exhibit "A." which exhibit is incorporated herein by reference as if fully set out and
which is subsequently referred to as the "Property," for construction, reconstruction,
improvement, operation, use, maintenance and extension of a public utility infiastructure
improvements and appurtenances thereto (the "Project"); and
WHEREAS, in order to promote public health, safety, and welfare, the City of
Georgetown (the "City") hereby finds that public convenience and necessity requires acquisition
of a temporary construction easement on, over, under and across that certain tract of real
property in Williamson County totaling 3.63 acres, more or less, and described graphically as
"PROPOSED 50' WIDE TEMPORARY CONSTRUCTION EASEMENT" on page 5 of the
attached Exhibit "A." which 3.63 acre tract abuts the western and northern boundaries of the
Property and is subsequently referred to as the "Temporary Construction Easement," for
construction, reconstruction, construction excavation, temporary access, spoil storage, equipment
storage, and any and all other uses necessary or desirable to effectuate the Project; and
WHEREAS, in order to effectuate the Project, it will be necessary and convenient that
agents, representatives, or employees of the City, lay out the Project and acquire the necessary
easements upon, over, under and across the Property and Temporary Construction Easement for
the purpose of construction, reconstruction, operation, and maintenance of the public utility
infrastructure improvements and appurtenances thereto; and,
WHEREAS, it may be necessary to hire engineers, surveyors, appraisers, attorneys, title
companies, architects, or other persons or companies to effect the laying out, establishment, and
acquisition of the Property, Temporary Construction Easement, and the Project; and
WHEREAS, in order to acquire the Property, it will be or has been necessary for the
City's agents, representatives, or employees to enter upon the Property and Temporary
Construction Easement for the purposes of surveying and establishing said land titles and to
determine adequate compensation for said land, to conduct tests, and to negotiate with the
owners thereof for the purchase of the land titles; and,
Resolution No.
Declaring Public Convenience & Necessity — Stipanovic property (2006 Annexation Utility
Improvements Project)
Page I of 3
WHEREAS, it was necessary to set out procedures for the establishment and approval of
just compensation for each of the parcels to be acquired for the Project;
Now, THEREFORE, be it RESOLVED by the City Council of the City of
Georgetown:
That public convenience and necessity requires acquisition of a permanent utility
easement on, over, under and across the real property described by metes and bounds
in the attached Exhibit "A" for construction, reconstruction, improvement, operation,
use, maintenance and extension of public utility infrastructure improvements and
appurtenances thereto.
2. That public convenience and necessity requires acquisition of a temporary
construction easement on, over, under and across that certain tract of real property in
Williamson County totaling 3.63 acres, more or less, and described graphically as
"PROPOSED 50' WIDE TEMPORARY CONSTRUCTION EASEMENT" on page
5 of the attached Exhibit "A" for construction, reconstruction, construction
excavation, temporary access, spoil storage, equipment storage, and any and all other
uses necessary or desirable to effectuate the Project.
3. That the City's agents, representatives, or employees are hereby authorized to:
a. Lay out the exact location of the land area needed from the Property,
Temporary Construction Easement, or other properties;
b. Hire such engineers, surveyors, appraisers, title companies, architects, and
other persons or companies needed to effect the laying out of the facilities,
the establishment and acquisition of the required property rights and the
construction of the Project;
C. Enter upon any property necessary for the purpose of surveying and
establishing the title, to determine adequate compensation for the property
rights and to conduct tests;
d. Negotiate with the owners of any such property rights for the purchase
thereof;
e. To purchase any necessary property rights on, over, under and across the
Property, and execute all documents necessary to acquire such rights, all
subject to express approval of the specific, negotiated terms by the City
Council;
f. Initiate eminent domain proceedings against the owner(s) of the Property
and Temporary Construction Easement for the necessary land title(s) for
Resolution No.
Declaring Public Convenience & Necessity — Stipanovic property (2006 Annexation Utility
Improvements Project)
Page 2of3
each in the event the owner(s) fail to accept a bona fide offer to purchase
the Property and/or Temporary Construction Easement; and
g. Take whatever further actions deemed appropriate to economically effect
the establishment of the Project and appurtenances thereto.
That all previous acts and proceedings done or initiated by the City's agents,
representatives, or employees for the establishment of the Project, including the
negotiation for and/or acquisition of any necessary property rights in the Property and
Temporary Construction Easement are hereby authorized, ratified, approved, confirmed,
and validated. This resolution shall take effect immediately from and after its passage.
6. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest
thereto on behalf of the City of Georgetown.
7. This resolution shall be effective immediately upon adoption.
RESOLVED by the City Council of the City of Georgetown this _ day of July, 2009.
ATTEST: THE CITY OF GEORGETOWN:
Jessica E. Hamilton, City Secretary George G. Garver, Mayor
APPROVED AS TO FORM:
Patricia E. Carls, City Attorney
Carls, McDonald & Dalrymple, LLP
Resolution No.
Declaring Public Convenience & Necessity — Stipanovic property (2006 Annexation Utility
Improvements Project)
Page 3 of 3
PARCEL B42
Page 1 of 5
'i
EXHIBIT A
PROPERTY DESCRIPTION
DESCRIPTION OF A 1.478 ACRE (64,403 SQUARE FOOT),
TRACT OF LAND SITUATED IN THE JOHN BERRY SURVEY,
ABSTRACT NO. 51, IN WILLIAMSON COUNTY, TEXAS, BEING
A PORTION OF THE REMNANT OF THAT 57.169 ACRE TRACT
OF LAND DESCRIBED IN A WARRANTY DEED, TO BARBARA
MCMURRAY, AN UNDIVIDED 25% INTEREST AS CUSTODIAN
FOR KARSEN B. STIPANOVIC, BY INSTRUMENT RECORDED
IN DOCUMENT NO. 9868194, OF THE OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND REFERENCED IN A
SPECIAL WARRANTY DEED, TO THOMAS D. STIPANOVIC
AND PAUL D. STIPANOVIC, RECORDED IN VOLUME 2135,
PAGE 552, OF THE OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID 1.478 ACRE (64,403 SQUARE FOOT)
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found with TXDOT aluminum cap in the existing westerly right-of-
way of State Highway 130 (right-of-way width varies), same being the southerly boundary line of
the remainder of that 102-1/2 acre tract of land conveyed to Amelia Wittera and husband,
Bohous Wittera, recorded in Volume 472, Page 133, of the Deed Records of Williamson County,
Texas, same being the northeasterly corner of said remnant of 57.169 acre tract and being the
northeast comer of the herein described tract;
THENCE, departing the southerly boundary line of said 102-1/2 acre tract, with the common
easterly boundary line of said remnant of 57.169 acre tract, same being the existing westerly
right-of-way line of said State Highway 130, the following (6) six courses;
1) S 36°09'28" E for a distance of 152.30 feet to an iron rod found with TXDOT aluminum
cap, being an angle point of the herein described tract;
2) S 32°46'42" E for a distance of 181.09 feet to an iron rod found with TXDOT
aluminum cap, being the northeast corner of a 0.230 acre tract of land conveyed as
a Right -Of -Way Easement recorded in Document No. 2004076752, of the Official
Public Records of Williamson County, Texas, being a point on line of the herein
described tract;
3) S 32°46'42" E for a distance of 102.30 feet to a calculated point, being the
southeast corner of said 0.230 acre tract, same being a point on line of the herein
described tract;
4) S 32°46'42" E for a distance of 1839.09 feet to a calculated point, being an angle
point of the herein described tract;
5) S 26°40'54" E for a distance of 98.51 feet to a calculated point, being the cutback
for said State Highway 130 and said County Road 152 (right-of-way width varies),
same point being the most easterly southeast corner of the herein described tract;
t% ,n N
EXHIBIT 1l
Page ___I_of S
PARCEL B42
Page 2 of 5
6) With said cutback S 23040'24" W for a distance of 95.98 feet to a iron rod found
with TXDOT aluminum cap, being the most southerly southeast corner of the herein
described tract;
THENCE, with the southerly boundary line of said remnant of that 57.169 acre tract, same
being the north right-of-way line of said County Road 152, the following (3) three courses;
7) S 68°17'13" W for a distance of 643.96 feet to a iron rod found with TXDOT
aluminum cap, being an interior ell corner of the herein described tract;
8) S 21°34'42" E for a distance of 48.40 feet to a iron rod found with TXDOT aluminum
cap, being an exterior ell corner of the herein described tract;
9) S 68°53'07" W for a distance of 75.71 feet to a calculated point, being the southeast
corner of Lot 13, Block 'A'; Crystal Knoll Terrace Unit 3, as described in Cab. S, Sid.
131-133, of the Plat Records of Williamson County, Texas, same being the
southwest corner of the herein described tract;
10)THENCE, departing the northerly right-of-way of said County Road 152, with the
westerly boundary of said remnant of that 57.169 acre tract, same being the easterly
boundary line of said Lot 13, N 21°10' 25" W for a distance of 20.00 feet;
THENCE, departing said easterly boundary line of said Lot 13, through the interior of said
remnant of that 57.169 acre tract, the following nine (9) courses;
11) N 68°53'07" E for a distance of 55.57 feet to a calculated point, being an angle
point of the herein described tract;
12)N 21°34'42" W for a distance of 48.19 feet to a calculated point, being an angle
point of the herein described tract;
13)N 68°17'13" E for a distance of 655.71 feet to a calculated point, being an angle
point of the herein described tract;
14) N 23°40'24" E for a distance of 78.37 feet to a calculated point, being an angle
point of the herein described tract;
15) N 26°40'54" W for a distance of 88.04 feet to a calculated point, being an angle
point of the herein described tract;
16) N 32°46'42" W for a distance of 1838.02 feet to a calculated point, being the
southerly boundary line of said 0.230 acre tract, same being a point on line of the
herein described tract;
17) N 32°46'42" W for a distance of 102.30 feet to a calculated point, being the
northerly boundary line of said 0.230 acre tract, same being a point on line of the
herein described tract;
18) N 32°46'42" W for a distance of 180.50 feet to a calculated point, being an angle
point of the herein described tract;
EXHIBIT
Page
PARCEL 642
Page 3 of 5
19) N 36°09'28" W for a distance of 157.07 feet to a calculated point, being the
southerly boundary line of the remainder of said 102-1/2 acre tract, same being the
most northwest comer of the herein described tract;
20) THENCE, with the southerly boundary line of the remainder of said 102-1/2 acre
tract, same being the northerly boundary of said remnant of that 57.169 acre
tract, N 68049'54" E for a distance of 20.70 feet to the POINT OF BEGINNING.
containing 1.478 acres (64,403 square feet) of land, more or less.
NOTE: There is also a 50.00 foot wide Temporary Construction Easement beginning in the
common boundary line of said Lot 13 and said remnant of that 57.169 acre tract, being 97.61
feet northerly of the exterior ell corner hereof, thence being west and north of, adjacent to and
parallel with Courses (13) through (19) of the above description and as shown on the
accompanying Parcel Plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central
Zone No. 4203, NAD 83.
This property description is accompanied by a separate plat.
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that
the above description is true and correct to the best of my knowledge and belief and that the
property described herein was determined by a survey made on the ground under my direction
and supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor �an�
Inland Geodetics, L.P., •"""
�� e�ertq`:+9
1504 Chisholm Trail Road �� �o•,
Suite 103 M. STEPHEN TRUESDALE
Round Rock, TX 78681`x493!
512-238-1200
Sufkl
EXHIBIT
Page > of
thrn[71 I
PLAT TO ACCOMPANY DESCRIPTION
LEGEND
Qe
.y
46"
AMELIA WITTERA. AND Oy,
HUSBAND, 80HOUS WITTERA LI7 a9. P.D.B.
(102 1/2 AC.)
VOL. 472 PG. 133
DA W.C.T. Hp
iNTcwj6t 100 0 100 200
\ \� SCALE 1" = 200'
THOMAS D. STMANOVIC.
o PAUL D. STIPANOVIC (PA
m VOL. 2133 PO. 552
G', z OA.W..C.T.
\9 AND BARBARA MCMURRAY
m
5l, AS CUSTODIAN FOR
\ KARSEN B. STIPANOVIC
GpG UNDIVIDED 23S INTEREST �f. �C•C.
�a\ (37.169 AC)
DOC. NO. 9868194 L
t� O.R.W..CT. Z
R.O.W.0 AC..) �9
0.23�
DOC N0. 2004076732 O O
y,]} O.P.R.W.C.T. /y
042 a ate,
1.478 ACRES
64,403 S0. FT. \ av\
a a5o: i
PROPOSED 50 WIDE ��\ �`=•
TEMPORARY CONSTRUCTION\ �.
\9� EASEMENT
�1rp (150,331 S0. FT.)
NOTES:
U ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE \
DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS
STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE. USING A \ Q
COMBINED SURFACE ADJUSTMENT OF 1.00011
2) THIS SURVEY PLAT WAS PREPARED FROM THE PLANS FOR RIGHT OF WAY
PROJECT FOR STATE HIGHWAY 195 IN WILLIAMSON COUNTY PHASE 11, ROW CSJ r
NO. 0440-02-012, PREPARED BY ARCADIS, INC.
3) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE REPORT.
THERE MAY BE EASEMENTS OR OTHER ENCUMBRANCES UPON THIS TRACT THAT
ARE NOT SHOWN OR ADDRESSED HEREON.
STATE OF TEXAS
COUNTY OF WILLIAMSON
The undersigned does hereby certify that this plat is true and correct to
the best of my knovledge and belief.
WITNESS MY HAND AND SEAL of Round Roc , Williamson County, Te= OF
lf P� 1St
M. STE H N T UEsSDvA_L'E D/ate M�STEPHEN:
Registered Professional Land Surveyor No. 4933
Inland Geodetics, LP
1504 Chisholm Trail Rd. Suite 103
INLAN
GEODETIC
PROFESSIONAL LAND SUR"
1504 CHISHOLM TRAIL RD.
ROUND ROCK, TX. 78681
8(. (512) 238-1200, FAX IS 12) 238-12SI
INLAND
1 GEODETICS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
87.(512)238-1200, FAX(512) 238-1251
U
U
\
I LINE TABLE I
L9
IN IRON PIPE FND
20.00'
1/2" IRON ROD FND
O
IRON ROD FND W/ TXDOT
°09'28" E
ALUMINUM CAP
48.19'
CALCULATED POINT
181.09'
PROPERTY LINE
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
102.30'
WILLIAMSON COUNTY, TEXAS
D.R.W.C.T.
DEED RECORDS
WILLIAMSON COUNTY, TEXAS
O.R.W.C.T.
OFFICIAL RECORDS
8"17'13" W
WILLIAMSON COUNTY., TEXAS
P.R.W.C.T.
PLAT RECORDS
48.40'
WILLIAMSON COUNTY, TEXAS
.y
46"
AMELIA WITTERA. AND Oy,
HUSBAND, 80HOUS WITTERA LI7 a9. P.D.B.
(102 1/2 AC.)
VOL. 472 PG. 133
DA W.C.T. Hp
iNTcwj6t 100 0 100 200
\ \� SCALE 1" = 200'
THOMAS D. STMANOVIC.
o PAUL D. STIPANOVIC (PA
m VOL. 2133 PO. 552
G', z OA.W..C.T.
\9 AND BARBARA MCMURRAY
m
5l, AS CUSTODIAN FOR
\ KARSEN B. STIPANOVIC
GpG UNDIVIDED 23S INTEREST �f. �C•C.
�a\ (37.169 AC)
DOC. NO. 9868194 L
t� O.R.W..CT. Z
R.O.W.0 AC..) �9
0.23�
DOC N0. 2004076732 O O
y,]} O.P.R.W.C.T. /y
042 a ate,
1.478 ACRES
64,403 S0. FT. \ av\
a a5o: i
PROPOSED 50 WIDE ��\ �`=•
TEMPORARY CONSTRUCTION\ �.
\9� EASEMENT
�1rp (150,331 S0. FT.)
NOTES:
U ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE \
DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS
STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE. USING A \ Q
COMBINED SURFACE ADJUSTMENT OF 1.00011
2) THIS SURVEY PLAT WAS PREPARED FROM THE PLANS FOR RIGHT OF WAY
PROJECT FOR STATE HIGHWAY 195 IN WILLIAMSON COUNTY PHASE 11, ROW CSJ r
NO. 0440-02-012, PREPARED BY ARCADIS, INC.
3) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE REPORT.
THERE MAY BE EASEMENTS OR OTHER ENCUMBRANCES UPON THIS TRACT THAT
ARE NOT SHOWN OR ADDRESSED HEREON.
STATE OF TEXAS
COUNTY OF WILLIAMSON
The undersigned does hereby certify that this plat is true and correct to
the best of my knovledge and belief.
WITNESS MY HAND AND SEAL of Round Roc , Williamson County, Te= OF
lf P� 1St
M. STE H N T UEsSDvA_L'E D/ate M�STEPHEN:
Registered Professional Land Surveyor No. 4933
Inland Geodetics, LP
1504 Chisholm Trail Rd. Suite 103
INLAN
GEODETIC
PROFESSIONAL LAND SUR"
1504 CHISHOLM TRAIL RD.
ROUND ROCK, TX. 78681
8(. (512) 238-1200, FAX IS 12) 238-12SI
INLAND
1 GEODETICS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
87.(512)238-1200, FAX(512) 238-1251
U
U
\
I LINE TABLE I
L9
LINE TABLE
20.00'
ARING
DISTANCE
55.57'
°09'28" E
152.30'
48.19'
°46'42" E
181.09'
78.37'
°46'42° E
102.30'
°40'54" E
U
98.51'
°40'24' W
95.98'
8"17'13" W
643.96'
°34'42" E
48.40'
°34'43" E)
(48.40')
L8
I S 68°53'07° W
75.71'
.y
46"
AMELIA WITTERA. AND Oy,
HUSBAND, 80HOUS WITTERA LI7 a9. P.D.B.
(102 1/2 AC.)
VOL. 472 PG. 133
DA W.C.T. Hp
iNTcwj6t 100 0 100 200
\ \� SCALE 1" = 200'
THOMAS D. STMANOVIC.
o PAUL D. STIPANOVIC (PA
m VOL. 2133 PO. 552
G', z OA.W..C.T.
\9 AND BARBARA MCMURRAY
m
5l, AS CUSTODIAN FOR
\ KARSEN B. STIPANOVIC
GpG UNDIVIDED 23S INTEREST �f. �C•C.
�a\ (37.169 AC)
DOC. NO. 9868194 L
t� O.R.W..CT. Z
R.O.W.0 AC..) �9
0.23�
DOC N0. 2004076732 O O
y,]} O.P.R.W.C.T. /y
042 a ate,
1.478 ACRES
64,403 S0. FT. \ av\
a a5o: i
PROPOSED 50 WIDE ��\ �`=•
TEMPORARY CONSTRUCTION\ �.
\9� EASEMENT
�1rp (150,331 S0. FT.)
NOTES:
U ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE \
DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS
STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE. USING A \ Q
COMBINED SURFACE ADJUSTMENT OF 1.00011
2) THIS SURVEY PLAT WAS PREPARED FROM THE PLANS FOR RIGHT OF WAY
PROJECT FOR STATE HIGHWAY 195 IN WILLIAMSON COUNTY PHASE 11, ROW CSJ r
NO. 0440-02-012, PREPARED BY ARCADIS, INC.
3) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE REPORT.
THERE MAY BE EASEMENTS OR OTHER ENCUMBRANCES UPON THIS TRACT THAT
ARE NOT SHOWN OR ADDRESSED HEREON.
STATE OF TEXAS
COUNTY OF WILLIAMSON
The undersigned does hereby certify that this plat is true and correct to
the best of my knovledge and belief.
WITNESS MY HAND AND SEAL of Round Roc , Williamson County, Te= OF
lf P� 1St
M. STE H N T UEsSDvA_L'E D/ate M�STEPHEN:
Registered Professional Land Surveyor No. 4933
Inland Geodetics, LP
1504 Chisholm Trail Rd. Suite 103
INLAN
GEODETIC
PROFESSIONAL LAND SUR"
1504 CHISHOLM TRAIL RD.
ROUND ROCK, TX. 78681
8(. (512) 238-1200, FAX IS 12) 238-12SI
INLAND
1 GEODETICS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
87.(512)238-1200, FAX(512) 238-1251
U
U
\
I LINE TABLE I
L9
N 21010'25" W
20.00'
LIO
N 68°53'07" E
55.57'
LII
N 21°34'42" W
48.19'
LI2
N 23°40'24" E
78.37'
PARCEL B42
Of JC 1.478 ACRES
—x,,73 SQUARE FEET
w ". .c. G/V I~..
page 5 Of
PARCEL B42
1.478 ACRES
64,403 SQUARE FEET
PAGE 4 OF 51
PAGE 5 OF 5
Council Meeting Date: July 28, 2009 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and Possible action to authorize the Mayor to sign an agreement clarifying the
responsibilities between parties related to the construction of roadway connections into The Northlands
Fire Station, located within the boundaries of Sun City and Somerset Developments. Jim Briggs, Assistant
City Manager for Utility Operations
ITEM SUMMARY:
The developers of Sun City and Somerset Developments have been working for several months to finalize
coordination issues related to each developer's responsibilities as to the separation of the developable tracts.
In conducting this effort, the clarification of each others responsibilities related to the construction of ingress
and egress from The Northlands Fire Station has been at issue. We received a request in late April to consider
executing a letter agreement between parties to assist in putting this issue to rest. Attached is that agreement
and staff has reviewed the contents and is comfortable with its execution. Legal staff (Kerry Russell) has
considered the validity of executing such a document and has verified that such an execution is appropriate. I
also asked Trish Carts to review the document for accuracy as to form. Staff is recommending that Council
authorize the Mayor to execute the document so that this issue can be resolved and the Developers can close
other real estate matters while waiting for the City to complete this action.
FINANCIAL IMPACT:
All capital construction work related to this approval will be at costs bom by the developer at the
time required per Georgetown Construction, Development Standards and as stipulated in standing
Development Agreements already in force.
ATTACHMENTS:
Agreement Document
Exhibit A
Exhibit B
Submitted By:
Assistant City Man3g4
for Utility Operations
FIRE STATION ACCESS ROAD CONSTRUCTION AGREEMENT
TENTH AMENDMENT TO DEL WEBB DEVELOPMENT AGREEMEN
SECOND AMENDMENT TO SOMERSET HILLS DEVELOPMENT AGREEMENT
The parties to this Fire Station Access Road Construction Agreement (this "Agreement")
are the City of Georgetown, Texas, a home -rule city located in Williamson County, Texas (the
"City"); Del Webb Texas Limited Partnership, an Arizona limited partnership ("Del Webb");
and Somerset Hills, Ltd., a Texas limited partnership ("Somerset').
RECITALS
WHEREAS, Del Webb Texas Limited Partnership, as successor in interest to Del E. Webb
Development Co., L.P., and the City are parties to that certain Development Agreement
Concerning Proposed Subdivision and Construction of Master Planned Community by Del E.
Webb Development Co., LLP dated February 14, 1995, and amended by the First Amendment to
Development Agreement dated December 12, 1995, Second Amendment to Development
Agreement dated September 23, 1997, Third Amendment to Development Agreement dated
November 10, 1998, Fourth Amendment to Development Agreement dated September 28, 1999,
Fifth Amendment to Development Agreement dated May 24, 2000, Sixth Amendment to
Development Agreement dated February 27, 2001, Seventh Amendment to Development
Agreement dated June 1, 2003; the Eighth Amendment to Development Agreement dated May
30, 2006, and the Ninth Amendment to Development Agreement dated
(collectively, the "Del Webb Development Agreement');
WHEREAS, Section 9 of the Eighth Amendment to the Del Webb Development Agreement
provides as follows (emphasis added):
9. Second Fire Station Site. Del Webb agrees to donate to the City approximately
two (2) acres of land for a second fire station within the Del Webb Sun City Lands in the
approximate location shown on the 8th Amended Concept Plan and having driveway
access to a public street. Del Webb further agrees to construct an emergency access road
connecting the fire station to the Northern Lands in a manner that meets the City's
construction standards, and to dedicate the emergency access road to the City upon
completion of construction and acceptance of the emergency access road by the City.
The land for the fire station site shall be conveyed to the City by Special Warranty Deed
no later than the date that the 6,000th residential unit receives a building permit, and Del
Webb shall complete construction of the emergency access road to the Northern Lands on
or before the date that the developer of the Northern Lands completes the construction of
the public street to which such emergency access road will have access. The emergency
access road connecting the fire station site to the Northern Lands shall be limited to use
only by emergency service vehicles and shall be designed and constructed so as to
physically discourage use by non - emergency vehicles.
FIRE STATION ACCESS ROAD CONSTRUCTION AGREEMENT
Del Webb Development Agreement—amendment
Somerset Hills Development Agreement —amendment
Page 1 of 8
WHEREAS, Somerset and the City have previously entered into that certain Development
Agreement Regarding Annexation and Development of Cowan Springs, dated May 31, 2006, as
amended by the First Amendment dated March 18, 2008 (collectively, the "Somerset Hills
Development Agreement"); and
WHEREAS, Section 9 of the original Somerset Hills Development Agreement provides as
follows (emphasis added):
9.0 Fire Services. Developer agrees to pay the sum of $630 per residential unit at the
time of building permit application as a contribution in aid of construction of a fire
station to serve the Property. In addition, upon request of the City, the Developer shall
also donate two (2) acres of land to the City for the location of one (1) fire station with
driveway access to a public street to serve all or a part of the Property. In addition,
Developer agrees that it will construct or cause to be constructed the following: (a) an
emergency service vehicle driveway emerging from the parcel and development known
as Del Webb Sun City located adiacent to and south of the Property and more particularly
described in the Eighth Amended Concept Plan for Del Webb Sun City approved by the
City Council on March 28, 2006: and (b) a public street to intersect with said emergency
service vehicle driveway so as to provide access to the Pronerty from the fire station
located in Sun City. Developer understands and agrees that said fire station(s) may also
serve areas other than the Property. If either the fire station on the Property or the new
fire station on the Del Webb Sun City parcel (including the construction of the public
street and driveway described in the preceding sentence) is not in operation at the time
that certificates of occupancy are requested for any portion of the Property, the
annexation service plan will provide for an alternative level of fire service from other
locations.
WHEREAS, Somerset and Del Webb have executed a private agreement (the "Private
Agreement") relating to the construction of the fire station access road whereby Del Webb
assigned to Somerset, and Somerset assumed, a portion of Del Webb's obligation to complete the
construction of the fire station access road as described in Section 9 of the Eighth Amendment of
the Del Webb Development Agreement; and
WHEREAS, the Private Agreement provides that Somerset, and not Del Webb, shall be
obligated to construct that portion of the fire station emergency access road extending from a
point which is twenty feet (20') out of the 100 year flood plain on the south side of Cowan Creek
to the closest public road in the Northern Lands (as that term is defined in the Eighth
Amendment of the Del Webb Development Agreement), as generally depicted on Exhibit A
attached hereto; and
WHEREAS, the Private Agreement further provides that Del Webb remains obligated to
construct the fire station access road from the fire station to a point which is twenty feet (20') out
of the 100 year flood plain on the south side of Cowan Creek; and
WHEREAS, Del Webb and Somerset each desire to modify the provisions in their respective
development agreements relating to the fire station access road to modify their respective
FIRE STATION ACCESS ROAD CONSTRUCTION AGREEMENT
Del Webb Development Agreement — amendment
Somerset Hills Development Agreement —amendment
Page 2 of 8
obligations to the City with regard to said fire station access road pursuant to the Private
Agreement, and to have the City look only to one party for performance of the respective
obligations relating to the construction of the fire station access road.
NOW THEREFORE, for and in consideration of the mutual agreements, covenants, conditions
and promises contained herein, the City, Del Webb and Somerset hereby agree as follows:
I. Effect of Recitals. The foregoing Recitals are incorporated herein by reference and are
true and correct.
2. Amendment of Del Webb Development Agreement. Section 9 of the Eighth Amendment
of the Del Webb Development Agreement is hereby amended to provide as follows:
[Del Webb Development Agreement]
9. Second Fire Station Site. Del Webb agrees to donate to the City approximately
two (2) acres of land for a second fire station within the Del Webb Sun City Lands in the
approximate location shown on the 8th Amended Concept Plan and having driveway
access to a public street. Del Webb further agrees to construct that portion of an
emergency access road connecting the fire station to the Northern Lands described as
follows: that portion of the fire station emergency access road extending from the fire
station to a point which is twenty feet (20') out of the 100 year flood plain on the south
side of Cowan Creek and continuing to connect with the closest public road in the
Northern Lands; as generally depicted by sketch on Exhibit A to the Fire Station Access
Road Construction Agreement by and between the City, Del Webb, and Somerset Hills,
Ltd.. Said portion of the fire station access road shall meet the City's construction
standards. Del Webb further agrees to dedicate the emergency access road to the City
upon completion of construction and acceptance of the emergency access road by the
City. The land for the fire station site shall be conveyed to the City by Special Warranty
Deed no later than the date that the 6,000th residential unit receives a building permit,
and Del Webb shall complete construction of the emergency access road to the Northern
Lands on or before the date that the developer of the Northern Lands completes the
construction of the public street to which such emergency access road will have access.
The emergency access road connecting the fire station site to the Northern Lands shall be
limited to use only by emergency service vehicles and shall be designed and constructed
so as to physically discourage use by non - emergency vehicles.
3. Amendment to Somerset Hills Development Agreement. Section 9.0 of the original
Somerset Hills Development Agreement is hereby amended to provide as follows:
[Somerset Hills Development Agreement]
9.0 Fire Services. Developer agrees to pay the sum of $630 per residential unit at the
time of building permit application as a contribution in aid of construction of a fire
station to serve the Property. In addition, upon request of the City, the Developer shall
also donate two (2) acres of land to the City for the location of one (1) fire station with
driveway access to a public street to serve all or a part of the Property. In addition,
Developer agrees that it will construct or cause to be constructed the following: (a) a
FIRE STATION ACCESS ROAD CONSTRUCTION AGREEMENT
Del Webb Development Agreement — amendment
Somerset Hills Development Agreement —amendment
Page 3 of 8
portion of the fire station access road beginning at the point which is twenty feet (20') out
of the one -hundred year flood plain on the south side of Cowan Creek and continuing to
the to the closest public road, as generally depicted as generally depicted by sketch on
Exhibit A to the Fire Station Access Road Construction Agreement by and between the
City, Del Webb, and Somerset Hills, Ltd.; and (b) a public street to intersect with said fire
station access road so as to provide access to the Property from the fire station located in
Sun City. The road portion of the fire station access road shall meet the City's
construction standards. The bridge portion of the fire station access road shall be
constructed in a manner that meets the City's construction standards, except that the
bridge over Cowan Creek shall be a bridge that will provide for a 20 foot (20') wide clear
roadway section; and will be elevated to applicable City standards for bridge construction
over a one -hundred year flood plain. Developer understands and agrees that said fire
station(s) may also serve areas other than the Property. Developer complete construction
of the emergency access road and bridge on or before the date that the it completes
construction of the public street to which such emergency access road will have access.
4. Miscellaneous. Except as expressly modified by this FIRE STATION ACCESS ROAD
CONSTRUCTION AGREEMENT, the Del Webb Development Agreement, as amended, and
the Somerset Hills Development Agreement, as amended, each remain unchanged and in full
force and effect. All capitalized terms used herein and not otherwise defined shall have the same
meaning ascribed to them in the respective development agreements.
5. Multiple Countemarts. This FIRE STATION ACCESS ROAD CONSTRUCTION
AGREEMENT may be executed in multiple counterparts, each of which shall be deemed an
original.
6. Effective Date. This FIRE STATION ACCESS ROAD CONSTRUCTION
AGREEMENT and its execution by the Mayor was approved and authorized by the City Council
of Georgetown on be effective on that date (the "Effective Date")
[The remainder of this page is intentionally left blank.]
FIRE STATION ACCESS ROAD CONSTRUCTION AGREEMENT
Del Webb Development Agreement — amendment
Somerset Hills Development Agreement—amendment
Page 4 of 8
EXECUTED this day of
ATTEST:
By:
Jessica Hamilton, City Secretary
Approved as to form:
By:
City Attorney
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
2009.
THE CITY OF GEORGETOWN:
George G. Garver, Mayor
This instrument was acknowledged before me the day of ,
2009, by George G. Garver, Mayor of the City of Georgetown, Texas, a home -rule city, on
behalf of the City.
Notary Public, State of Texas
FIRE STATION ACCESS ROAD CONSTRUCTION AGREEMENT
Del Webb Development Agreement — amendment
Somerset Hills Development Agreement—amendment
Page 5 of 8
5
C
EXECUTED this day of 2009.
DEL WEBB LIMITED PARTNERSHIP,
an Arizona limited partnership
By:
Printed Name/Office:
STATE OF
,a
Ca1a1i1UIE"S
ACKNOWLEDGED BEFORE ME by the
Webb Limited Partnership, an Arizona limited partnership, on this
, 2009, on behalf of said partnership.
Notary Public, State
FIRE STATION ACCESS ROAD CONSTRUCTION AGREEMENT
Del Webb Development Agreement— amendment
Somerset Hills Development Agreement—amendment
Page 6 of 8
said
of Del
day of
6
EXECUTED this day of 2009.
SOMERSET HILLS, LTD.,
a Texas limited partnership
By: Somerset Hills Management, L.L.C.,
a Texas limited liability company,
its General Partner
0
STATE OF TEXAS
COUNTY OF TRAVIS
Robert D. Wunsch, President
ACKNOWLEDGED BEFORE ME by the said Robert D. Wunsch, President of Somerset
Hills Management, L.L.C., a Texas limited liability company, General Partner of SOMERSET
HILLS, LTD., a Texas limited partnership, on this day of
, 2009, on behalf of said company and partnership.
Notary Public, State of Texas
FIRE STATION ACCESS ROAD CONSTRUCTION AGREEMENT
Del Webb Development Agreement — amendment
Somerset Hills Development Agreement —amendment
Page 7 of 8
EXHIBIT A
GENERAL SKETCH OF FIRE STATION ACCESS ROAD CONSTRUCTION RESPONSIBILITIES
FIRE STATION ACCESS ROAD CONSTRUCTION AGREEMENT
Del Webb Development Agreement—amendment
Somerset Hills Development Agreement —amendment
Page 8 of 8
20' DER% FLOOD
EXHIBIT fA
PRIVATE 20' WIDE
DRIVE TO PROVIDE
FIRE ACCESS TO
DEVELOPEMENT NORTH
OF COWAN CREEK. —
OWAN
OPTION TRACT
(SUN CITY)
A
EEK
NOT TO SCALE
LEGEND
Q SUAIERSE ILLS OBLIGATION
® PULTE/DEL WEBB OBLIGATION
—Fire
Station
SURVCON INC.
930-9173
C:\Su gtn Data\PRO3ECTSVD2Na—wing2.dwg, 111512 0 0 9 11:39:08 AM, 1:200
S Om vse+
Council Meeting Date: July 28, 2009 Item No.
AGENDA ITEM COVER SHEET
SUBJECT: Forwarded from GTAB Board:
Consideration and possible action for the award of the 2009 Street Rehabilitation -Micro
Surface Project to Viking Construction Inc. of Georgetown, TX in the amount of $290,011.15. —
Mark Miller, Transportation Services Manager, Jim Briggs, ACM for Utility Operations
ITEM SUMMARY:
This project is to install a Micro -Surface treatment, which is a remedial method
recommended in the Pavement Management Services Plan for roadways with a PCI rating
between 75 and 90.
This project publicly advertised on June 171h and June 21^x. Numerous contractors that
perform this type of work were contacted to bid the project and two contractors were holding
plans to bid the project. The day of the bid only one contractor submitted a bid for the project.
The low qualified bidder for the project is Viking Construction Inc. with a total bid of
$290,011.15. Engineers estimate for the project was $350,000.00.
GTAB BOARD RECOMMENDATION:
This item was recommended by the GTAB Board for Council approval at the July 10,
2009, GTAB Board meeting.
STAFF RECOMMENDATION:
Staff recommends the award of the 2009 Street Rehabilitation- Micro Surface Project to
Viking construction Inc. of Georgetown, TX in the amount of $290,011.15.
FINANCIAL IMPACT:
Attached is the project CII'- Budget and Financial Analysis work sheet.
ATTACHMENTS:
1. CIP — Budgetary & Financial Analysis
2. Bid Tabulation, with Recommendation letter.
Submitted By: Mark Miller,
Transportation Services Manager
Council Meeting Date: July 28, 2009 Item No.
AGENDA ITEM COVER SHEET
SUBJECT Forwarded from GTAB Board:
Consideration and possibl recommen aho or the award of the 2009 Street
Rehabilitation -Micro Surface Project to Viking Construction Inc. of Georgetown, TX in the
amount of $290,011.15. - Mark Miller, Transportation Services Manager, Jim Briggs, ACM for
Utility Operations
ITEM SUMMARY:
This project is to install a Micro -Surface treatment, which is a remedial method
recommended in the Pavement Management Services Plan for roadways with a PCI rating
between 75 and 90.
This project publicly advertised on June 170, and June 210. Numerous contractors that
perform this type of work were contacted to bid the project and two contractors were holding
plans to bid the project. The day of the bid only one contractor submitted a bid for the project.
The low qualified bidder for the project is Viking Construction Inc. with a total bid of
$290,011.15. Engineers estimate for the project was $350,000.00.
GTAB BOARD RECOMMENDATION:
This item was recommended by the GTAB Board for Council approval at the July 10,
2009, GTAB Board meeting.
STAFF RECOMMENDATION:
Staff recommends the award of the 2009 Street Rehabilitation- Micro Surface Project to
Viking construction Inc. of Georgetown, TX in the amount of $290,011.15.
FINANCIAL IMPACT:
Attached is the project CII'- Budget and Financial Analysis work sheet.
ATTACHMENTS:
1. CIP - Budgetary & Financial Analysis
2. Bid Tabulation, with Recommendation letter.
Submitted By: Mark Miller,
Transportation Services Manager
CIP- Budgetary and Financial Analysis Worksheet
Consulting
0.00
0%
DATE:
PROJECT NAME:
2009 Street Rehab Micro -Surface
IBJ
7/212009
Division/Department:
Transportation
Director Approval
0%
Prepared By:
Joel Weaver
Finance Approval
ILL -7/06/09
TOTAL ANNUAL BUDGET
1 3,149,91
Approved
0%
(Current year only)
Actual Cost Agenda
Total Spent
Encumbrance Item
& Encumbered
% Annual
(A) before agenda item (B)
(A+ B)
Budget
Consulting
0.00
0%
Right of Way
0.00
0%
Construction 2,681,022.70 290,011.15
2,971,033.85
94%
Other Costs
0.00
0%
Total Current Year Costs 2,681,022.70
2,971,033.85
94%
also bringing forward 2009 surface treatment
0.00
Approved
0%
ts"r-KAL UWULK AUUUUN 1 NUrdt3t:K
3,149, 914.00
Total Budget 3,149,914.00
TOTAL PROJECT BUDGET 3,149,914.00
(includes all previous yrs)
Costs I Costs
Consulting
0.00
0.00
0%
Right of Way
0.00
0.00
0%
Construction
2,971,033.85
2,971,033.85
94%
Other Costs
0.00
0.00
0%
Total Project Costs I 0.00
Comments:
KAKASBERG, PATRICK & ASSOCIATES, LP
CONSULTING ENGINEERS
matl®kpaengi neers.com
RICK N. KASBERG, P.E. R. DAVID PATRICK, P.E., C.F.M. THOMAS D. VALLE, P.E.
Temple
One South Main Street
Temple, Texas 76501
(254) 773-3731
July 2, 2009
Mr. Joel Weaver
CIP Project Manager
City of Georgetown
300 Industrial Avenue
Georgetown, Texas 78626
Re: City of Georgetown
2009 Street Rehabilitation Projects Micro -Surface
Georgetown, Texas
Dear Mr. Weaver:
Georgetown
3613 Williams Drive, Suite 406
Georgetown, Texas 78628
(512) 819-9478
Attached are the Bid Tabulation Sheets for the bids received at 3:00 PM on Wednesday, July 1, 2009
for the above referenced project.
This project publicly advertised on June 17' and June 21". Numerous contractors that perform this
type of work were contacted to bid the project and two contractors were holding plans to bid the
project. The day of the bid only one contractor submitted a bid for the project. The low qualified
bidder for the project is Viking Construction Inc. with a total bid of $290,011.15. Our total estimate
for the project was $350,000.
We have reviewed the current workload and construction history of Viking Construction Inc. and
their submitted subcontractors as well as contacted several references. As a result of our findings,
we recommend that a contract be awarded to Viking Construction Inc. in the amount of
$290,011.15. If you have questions, please call.
Sincerely,
R. David Patrick, P.E., C.F.M.
RDP/crc
xc:Peggy Leatherman, City of Georgetown; 2009-107-40
BID TA ATION 2009-1 dcrSfcg
GEORGETvwld, CITY OF
2009 STREET REHABILITATION - MICRO SURFACING
July 1, 2009; 3:00 PM
300-1 Industrial Ave; Georgetown, "I X 78626
Did Bidder Acknowled a Addenda No. 1?
YES
No Bid
Did Bidder Ackm wled a Addenda No. 2?
BIDDER INFORMATION
BIDDER INFORMATION
Viking Construction Inc. Ballon
2592 Shell Road
Geon etowv, TX. 78628
No.
Estimated
uanti
Unit
Bid Dma
Descri tion
Unit
Price
Extended
Amoum
Unit
Price
Extended
Amount
1
100%
LS
Insurance, Bonds and Move -In Related Expenses not to exceed 5% of Total Bid
g 12,000,00 $
12,000,00 $
No Bid $
No Bid
F/tem
2
100%
LS
Traffic Control Plan
0,00
0,00
No Bid
No Bid
3
100%
LS
Trac Control Implememation
11,000.00
11,000.00
No Bid
No Bid
4
75,400
SY
For Microsurfacing
2.99
225,446.00
No Bid
No Bid
5
5,020
LF
4 -inch White Thermo Plastic Skip Striping with reflective buttons
0.79
3,965.80
No Bid
No Bid
6
1830
LF
4 -inch White Solid Thermo Plastic Striping
0,74
1,354.20
No Bid
No Bid
7
560
LF
4-irtch Double Yellow Solid Thermo Plastic Striping
1.47
823.20
No Bid
No Bid
g
65
LF
Stop But Thermo Plastic Striping
7.88
512.20
No Bid
No Bid
9
35
LF
School Zone Thermo Plastic Striping
13.13
459.55
No Bid
No Bid
10
335
IF
Cross Walk Thermo Plastic Striping
7,88
2,639.80
No Bid
No Bid
11
1
EA
Turn Arrow with "ONLY" Thermo Plastic Striping
262.50
262.50
No Bid
No Bid
12
745
EA
Reflective Parking Buttons
3,42
2,547.90
No Bid
No Bid
13
100%
LS
For providing a video DVD of the project site prior to construction
1 O00.00
1,000.00
No Bid
No Bid
14
100%
LS
For furnishing and installing crack sealer for all phases of the project
18,000.00
18,000.00
No Bid
No Bid
IS
100%
LS
For providing Tree Pruning according to the specification for Del Webb Blvd
4,200.00
4,200.00
No Bid
No Bid
I6
100%
LS
For rovid Tree Pruning according to the specification for 151° Street
5,800.00
5,800.00
No Bid
No Bid
TOTAL BID AMOUNT (ITEMS 1 - 16)
$
290,011.15
No Bid
Did Bidder Acknowled a Addenda No. 1?
YES
No Bid
Did Bidder Ackm wled a Addenda No. 2?
YES
No Bid
Did Bidder Include Section X00350?
YES
No Bid
Did Bidder Include Section X00400?
YES
No Bid
Did Bidder Include Section X00410?
YES
No Bid
I hereby certify that this is a correct & we tabulation of all bids received
R. David Patrick, PE, CFM
Kasberg, Patrick & Associates, LP
Date
Page l of 1
Council Meeting Date: July 28, 2009 Item No. _a
AGENDA ITEM COVER SHEET
SUBJECT: Forwarded from GTAB Board:
Consideration and possible action for the award of the 2009 Street Rehabilitation- Surface
Treatment Project to J. D. Ramming Paving Co. Ltd of Austin, Texas in the amount of
$205,731.00. — Mark Miller, Transportation Services Manager, Jim Briggs, ACM for Utility
Operations
ITEM SUMMARY:
This project is inclusive of single and double course surface treatment, which are remedial
methods recommended in the Pavement Management Services Plan for roadways with a PCI
rating between 75 and 90.
This project publicly advertised on June 171h and June 2151. Numerous contractors that
perform this type of work were contacted to bid the project and four contractors were holding
plans to bid the project. The day of the bid only one contractor submitted a bid for the project.
The low qualified bidder for the project is J.D. Ramming Paving, Company Ltd. with a total bid
of $205,731.00. Engineers estimate for the project was $275,000.
GTAB BOARD RECOMMENDATION:
This item was recommended by the GTAB Board for Council approval at the July 10,
2009, GTAB Board meeting.
STAFF RECOMMENDATION:
Staff recommends the award of the 2009 Street Rehabilitation- Surface Treatment Project to
D. Ramming Paving Co. Ltd of Austin, Texas in the amount of $205,731.00.
FINANCIAL IMPACT:
Attached is the project CII'- Budget and Financial Analysis work sheet.
ATTACHMENTS:
1. CIP — Budgetary & Financial Analysis
2. Bid Tabulation, with Recommendation letter
Submitted By: Mark Miller,
Transportation Services Manager
CIP- Budgetary and Financial Analysis Worksheet
DATE:
PROJECT NAME: 2009 Street Rehab- Surface Treatment IBJ 71212009
Division/Department: Transportation Director Approval
Prepared By: Joel Weaver Finance Approval LL - 7/06/09
TOTAL ANNUAL BUDGET 1 3,149,914.00
(Current year only)
Actual Cost Agenda Total Spent
Encumbrance item 8 Encumbered % Annual
(A) before agenda item (B) (A+ B) Budget
of Way
2,681,022.70
Costs
0.00 0%
0.00 0%
205,731.00 2,886,753.70 92%
0.00 0%
Total Current Year Costs 2,681,022.70 2,886,753.70
also bringing forward 2009 Micro -Surface
Approved
3,149,
Total Budget 3,149,914.00
TOTAL PROJECT BUDGET 3,149,914.00
(includes all previous yrs)
Prior Years Current Year Total Project 0'Total
SpentlEncumbered Costs Costs Budaet
Consulting
0.00
0.00
0%
Right of Way
0.00
0.00
0%
Construction
2,886,753.70
2,886,753.70
92%
Other Costs
0.00
0.00
0%
Costs
Comments:
0.00 1 2.886.753.70
KAKASBERG, PATRICK & ASSOCIATES, LP
CONSULTING ENGINEERS
mail@kpaengineers.com
RICK N. KASBERG, P.E. R. DAVID PATRICK, P.E., C.F.M. THOMAS D. VALLE, P.E.
Temple
One South Main Street
Temple, Texas 76501
(254) 773-3731
July 2, 2009
Mr. Joel Weaver
CIP Project Manager
City of Georgetown
300 Industrial Avenue
Georgetown, Texas 78626
Re: City of Georgetown
2009 Street Rehabilitation Projects Surface Treatment
Georgetown, Texas
Dear Mr. Weaver:
Georgetown
3613 Williams Drive, Suite 406
Georgetown, Texas 78628
(512) 819-9478
Attached are the Bid Tabulation Sheets for the bids received at 2:00 PM on Wednesday, July 1, 2009
for the above referenced project.
This project publicly advertised on June 17' and June 21u. Numerous contractors that perform this
type of work were contacted to bid the project and four contractors were holding plans to bid the
project. The day of the bid only one contractor submitted a bid for the project. The low qualified
bidder for the project is J.D. Ramming Paving Company Ltd. with a total bid of $205,731.00. Our
total estimate for the project was $275,000.
We have reviewed the current workload and construction history of J.D. Ramming Paving Company
Ltd. and their submitted subcontractors as well as contacted several references. As a result of our
findings, we recommend that a contract be awarded to J.D. Ramming Paving Company Ltd in the
amount of $205,731.00. If you have questions, please call.
Sincerely,
R. David Patrick, P.E., C.F.M.
RDP/crc
xc:Peggy Leatherman, City of Georgetown; 2009-107-40
BID TABULATION 2009-107-40 Sfc.Tnmt
GEORGETOWN, CM OF
2009 STREET REHABUHATION - SURFACE TREATMENT
July 1, 2009; 2:00 PM
300-1 Industrial Ave; Georgetown, TX 78626
Did Bidder Acknowledge Addenda No. I?
YES
Did Bidder Acknowledge Addenda No. 2?
YES
BIDDER INFORMATION
JD Ramming Paving Company, Ltd
16409 Bretton Ln.
Austin, TX 78728
Item
No.
Estimated
rtami
Unit
Bid Data
Description
Unit
Price
Extended
Amount
1
100%
LS
Insurance, Bonds and Move -In Related Expenses not to exceed 5% of Total Bid 5
2,500.00 $
2,500,00
2
100%
LS
For Providing a Video DVD of the Project Area Prior to and After Construction
1,500.OD
1,500,00
3
100%
IS
Traffic Control Plan
500.00
500,00
4
100%
IS
Traffic Control Implementation
7,500.00
7,500.00
5
44,200
SY
Two Course Surface Treatment
3.10
137,020.00
6
1 25,600 1
SY
ISingle Course Surface Treatment
1.65
42,240.00
7
8,500
LF
4 -inch White Solid Thermo Plastic Striping
0.30
2,550.00
8
9,900
LF
4 -inch Double Yellow Solid Thermo Plastic Striping
0.60
5,940.00
9
300
LF
4 -inch Yellow Gore Thermo Plastic Striping
0,30
90,01)
10
150
LF
Stop Bar Thermo Plastic Striping
6.00
900.00
11
40
LF
School Zone Thermo Plastic Striping
5.50
220.00
12
220
LF
Cross Walk Thermo Plastic Striping
6.50
1,430.00
13
18
EA
Tum Arrow Thermo Plastic Striping
105.00
1890.00
]/
1 2
EA
*ONLY' Thermo Plastic Striping
155.00
310.00
151,620
LF
4 -inch White Skip Thermo Plastic Striping with reflective bumms,
0.55
891.00
16
100% 1
IS
For providing Tree Pruning according to the specification
250,01)
250,00
TOTAL BID AMOUNT (ITEMS 1 -16)
$
205,731.00
Did Bidder Acknowledge Addenda No. I?
YES
Did Bidder Acknowledge Addenda No. 2?
YES
Did Bidder Include Section #00350?
YES
Did Bidder Include Section #00400?
YES
Did Bidder Include Section #00410?
YES
I hereby certify that this is a correct &true tabulation of all bids received
R. David Patrick, PE, CFM
Kasberg, Patrick & Associates, LP
Plan Holders: Austin Bridge & Road
Big Tex Paving
Wheeler Coatings
JD Ramming Paving Company Ltd
7/
Date
Page 1 of 1
Council Meeting Date: July 28, 2009 Item No.
AGENDA ITEM COVER SHEET
SUBIE : Forwarded from the GUS Board:
Consideration and possible action to award the bid for the purchase of Skylift Mini Derrick from
Nesco Sales and Rentals of Bluffton, IL, in the amount of $126,900.00. — Paul Elkins, Electric Operations
Manager, Jim Briggs, ACM for Utility Operations
ITEM SUMMARY:
Bids were received from S.D.P. Manufacturing, Nesco Sales and Rentals and H&E Equipment
Services to provide the City a Skylift Mini -Derrick Super 5000 or equal with general and additional
specifications. The low bid was $119,304.70 from S.D.P. Manufacturing but the machine did not meet
the required specifications. The next bid was $126,900.00 from Nesco Sales and Rentals which met the
specifications. H&E Equipment Services turned in a no -bid. The low bidder S.D.P. Manufacturing was
notified that their bid did not meet specifications.
The equipment will be utilized by the Electric Operations Department for installation and
maintenance of overhead and underground electric facilities along rear lot or areas not easily accessible
by normal equipment. Funds for purchase were approved by Council in a Service Level Request FY 08-
09.
GUS BOARD RECOMMENDATION:
This item was unanimously recommended by the GUS Board for Council approval at the July 21,
2009, GUS Board meeting.
STAFF RECOMMENDATION:
The staff recommendation is to award this bid to the second low bidder responding, Nesco
Sales and Rentals of Bluffton, rL as designated on the attached bid tabulation.
FINANCIAL IMPACT:
Funds for this expenditure will be budgeted in the Vehicle Services Fund account:
Fund
520-5-0351-52-710 Other Equipment
COMMENTS:
None
ATTACHMENTS:
1. Bid Tabulation
Actual Bu et Available
Budget Balance
$126,900.00 $130,000.00 $130,000.00
Submitted By: Paul Elkins
Electric Operations Manager
DESCRIPTION
New or Demo Skylift Mini -Derrick
Super 5000 or equal
Make and Model
Low Bid
MINI -DERRICK
BID NO. 29057
BID TABULATION SHEET
NESCO
QTY UNIT PRICE
1 $ 126,900.00
Skylift Mini -Derrick
S.D.P. MANUFACTURING
UNIT PRICE
$ 119,304.70 `
SDP EZ Hauler
Does not meet specifications and is not equivalent to Skylift Mini -Derrick.
1) EZ Hauler has a 4100 # lift capactiy whereas the Skfylift has 5000# lift.
2) EZ Hauler has a 2500 ft. -Ib. auger drive whereas the Skylift has 5800 ft. -Ib.
3) Skylift pole carrier able to go through narrower openings
4) EZ Hauler does not have material handling jib. Skylift does.
5) EZ Hauler has standard dirt bit whereas Skylift has bullet tooth bit which allows drilling through rock.
6) EZ Hauler does not include a can handler (for handling transformers). Skylift does.
7) EZ Haulder has fixed destination outriggers. Skylift operates with swing out, allowing for tighter work areas.
No Bid: H&E Equipment services
No Response:
Almighty Rentals
Austin Equipment
Central Texas Equipment
Equipment Depot
Freightliner of Austin
Hertz Equipment
Longhorn International
Niece Equipment
UTEC
Council Meeting Date: 7/28/2009
AGENDA ITEM COVER SHEET
Item No. S
SUBJECT: Forwared from the GUS Board:
Consideration and possible action to approve Task Order KPA-09-005 with Kasberg, Patrick & Associates,
LP of Georgetown, Texas, for professional services related to Edwards Aquifer Recharge Zone
Rehabilitation Phase V in the amount of $62,514.00. —Glenn Dishong, Water Services Director, Jim Briggs,
ACM for Utility Operations
ITEM SUMMARY:
The Texas Commission Environmental Quality (TCEQ) regulation requires that wastewater systems over
the Edward Aquifer Recharge Zone (EARZ) be tested and defects be corrected, 95% of the City of
Georgetown wastewater system is over the Edward Aquifer Recharge Zone. The City of Georgetown
Water Services Department performs all testing of the wastewater system and our consultant Kasberg,
Patrick and Associates (KPA) reviews the city testing data and recommends remedial action that is needed
to be perform, to prevent infiltration and exfiltration into aquifer.
KPA is qualified because of their experience with reviewing City of Georgetown EARZ testing data and
numerous projects they have done for the city and other wastewater rehabilitation. Pursuant to the Master
Services Agreement, Task Order KPA-09-M (attached) defines the scope of work, costs, and schedule. In
general, the scope of work consists of the following: final design, TCEQ permitting, bidding phase, and
construction administration.
GUS BOARD RECOMMENDATION:
This item was unanimously recommended by the GUS Board for Council approval at the July 21,
2009, GUS Board meeting.
STAFF RECOMMENDATIONS:
Staff recommends going into agreement for Professional Services with Kasberg, Patrick, & Associates, LP of
Georgetown, Texas, in the amount of $62,514.00.
FINANCIAL IMPACT:
Funds for this expenditure are budgeted in the Wastewater CIP. See attached CIP Budgetary & Financial
Analysis Sheet.
ATTACHMENTS:
CIP Budgetary & Financial Analysis Sheet
Task Order No. KPA-"5
Submitted By: Glenn Dishon&
Water Services Dirtector
Capital Improvement Project - Budgetary and Financial Analysis
Consulting 62,514.00 62,514.00 8%
Right of Way 0.00 0%
Construction 0.00 0%
Other Costs 8,250.78 In 8,250.78 1%
Total Current Year Costs 8,250.78 70,764.78
Approved
GENERAL LEDGER ACCOUNT NUMBER CY Budget
660-9-0581-90-071 Engineering 62,514.00
Total Budget 62,514.00
TOTAL PROJECT BUDGET 750,000.00
(includes all previous yrs)
Consulting
Right of Way
Construction
Other Costs
Total
Comments:
Prior Years Current Year Total Project % Total
Spent/Encumbered I Costs I Costs I Budaet
62, 514.00 1 62, 514.001 8%
0.00 0.00 0%
0.00 1 0.001 0%
8,250.78 1 8,250.781 1%
0.00 1 70.764.78 1 70.764.
DATE:
PROJECT NAME:
EARZ V
3AZ
7113/2009
Division/Department:
GUS/Wastewater
Director Approval
0
Prepared By:
Michael Hallmark
Finance Approval
LL - 07118
TOTAL ANNUAL BUDGET
OR
750,000.00
(Current year only)
Actual Cost Agenda
Total Spent
Encumbrance Item
&Encumbered
%Annual
(A) before agenda item IB►
(A + Bl
Budaet
Consulting 62,514.00 62,514.00 8%
Right of Way 0.00 0%
Construction 0.00 0%
Other Costs 8,250.78 In 8,250.78 1%
Total Current Year Costs 8,250.78 70,764.78
Approved
GENERAL LEDGER ACCOUNT NUMBER CY Budget
660-9-0581-90-071 Engineering 62,514.00
Total Budget 62,514.00
TOTAL PROJECT BUDGET 750,000.00
(includes all previous yrs)
Consulting
Right of Way
Construction
Other Costs
Total
Comments:
Prior Years Current Year Total Project % Total
Spent/Encumbered I Costs I Costs I Budaet
62, 514.00 1 62, 514.001 8%
0.00 0.00 0%
0.00 1 0.001 0%
8,250.78 1 8,250.781 1%
0.00 1 70.764.78 1 70.764.
Project Name: Project Name: Edwards Aquifer Recharge Zone Rehabilitation Phase V
Engineering Firm Name: Kasber& Patrick & Associates, LP
Task Order No. KPA-09-005
Date: 5/28/09
City's Designated Representative - Mr. Michael Hallmark
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
General Description of Services or Project:
Final design of rehabilitation of brick and concrete manholes identified with defects during the
previous year's wastewater testing. Additionally, approximately 1,380 LF of existing clay
wastewater line will be replaced through San Gabriel Park. This project will include Final Design,
TCEQ Permitting. Bidding and Construction Administration services.
City Provided Information or Work: The City shall provide the following services or perform
the following work (describe):
The project scope was determined based on the testing performed by the City of Georgetown and
the subsequent reports that were provided to and summarized by KPA Engineers. During the
design phase, we may require assistance from the City of Georgetown in field locating manholes
described in the testing reports.
Any documents or information related to the Work/Services provided by the City to the
Professional, including, without limitation, engineering studies, maps, reports, filed data, notes,
plans, diagrams, sketches, or maps (the "Information") is and shall remain the property of the City,
and Professional shall have no ownership or other interest in same. The Professional shall deliver
to the City, if requested, a written itemized receipt for the Information, and shall be responsible for
its safe keeping and shall return it to the City, upon request, in as good condition as when received,
normal wear and tear excepted.
Scope of Work: (describe in detail using additional or separate sheets if necessary):
Task 1 - Final Design Phase:
1. Meet with City to discuss acceptable rehabilitation methods for different manhole types
and conditions.
2. Site reconaissance to confirm location, condition and depth of manholes to be rehabilitated.
3. Meet with contractors and manufacturers to discuss the proposed rehabilitation methods.
4. Prepare plan and profile sheets showing pipe and manhole rehabilitations.
5. Prepare technical specifications for the proposed rehabilitation methods.
6. Meet with City Staff to update progress and report on the project.
7. Develop quantities for the project.
8. Prepare Opinion of Probable Cost
Master Services Agreement - Task Order
Version 2.26.2009 Page 1
9. Submit review sets of plans and specifications to the City of Georgetown Staff for review
and comment.
10. Incorporate all City Staff comments into the plans and specifications.
Note: Due to the nature of the construction work related to this proposal; ie, rehabilitation of
existing wastewater lines and manholes, no geotechnical, archeological or environmental services
have been included.
Task 2 — TCEQ Permitting
1. Prepare SCS (Sewage Collection System) submittal.
2. Hand deliver submittal to TCEQ office and review with their representative.
3. Provide additional information/ revisions in order to obtain TCEQ approval.
Task 3 -Bidding Phase:
1. Advertise the project for public bidding.
2. Solicit bidders for the project.
3. Prepare and hold the Pre-bid Conference.
4. Answer questions from contractors and suppliers and issue Addenda
5. Receive bids and tabulate.
6. Recommend award of the project.
7. Prepare contract documents for execution.
Task 4 - Construction Administration Phase:
1. Review submittals from the contractor and suppliers.
2. Prepare, facilitate and hold construction meetings.
3. Conduct site reviews and meet with the contractor on site to answer questions.
4. Adjust design as needed for changing conditions, additions or deletions as required and
incorporate into the plans.
5. Conduct the final walk through and produce and distribute the punch list.
6. Prepare Record Drawings.
Master Services Agreement - Task Order
Version 2.26.2009
Page 2
Statement Regarding Non -Collusion; Prohibited Financial Interests, Prohibited Political
Influences: (Per Article 36 in the Master Service Agreement): Professional hereby represents
and warrants to City that Professional shall not perform any work or services for a third party
that is potentially or actually related to, connected to, a part of, or integral to the work or
services that it has performed is or is performing for the City under this Task Order.
Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to
the attention of the City, and Professional agrees that the City shall be the sole judge as to
whether a conflict or potential conflict of interest with work for private parties or Developer
work exists. If in the judgment of the City such a conflict or potential conflict between City
work and Developer work exists, then Professional agrees to terminate all work under the
affected Task Order(s) immediately and that it shall not be eligible for payment for such
services.
Compensation: (Pick one)
Time and Materials with Amount Not to Exceed: - Services to be provided at rates shown on
Exhibit B in an amount not to exceed $ DOLLARS and CENTS.
® Lump Sum: Services to be provided at rates shown on Exhibit B in an amount not to exceed
$ SIXTY-TWO THOUSAND FIVE HUNDRED FOURTEEN ($62,514.00) DOLLARS and ZERO
CENTS.
APPROVED:
CITY OF GEORGETOWN
By:
Firm Name:Kasberg, Patrick &
Name:
George Garver
Title:
Mayor
Address:
P.O. Box 409 Georgetown,
Principal
TX 78627
Phone:
930-3651
Fax:
Phone:
E -Mail:
ms@georgetowntx.org
Date:
E -Mail:
Master Services Agreement — Task Order
Version 2.26.2009
PROFESSIONAL
Firm Name:Kasberg, Patrick &
Associates, LP
By:
Name:
R. David Patrick, P.E.
Title:
Principal
Address:
3613 Williams Dr Ste 406
Georgetown, TX
Phone:
819-9478
Fax:
E -Mail:
dpatrick@kpaengineers.com
Date:
6/8/09
Page 3
ID
Tae ne
DureGon
Start
Finish
Ju
Augat Se tember October gem
B
M E 8 M E B IM E B M E M
1
EARZ Project
EARZ Phase V — Design
Receive Notice to Proceed
Meet with City to discuss rehabilitation
Site Reconaissance
Meet with Contractors and Mfrs.
Prepare Plan & Profile Sheets
Prepare Technical Specifications
Meet with City Staff
Develop Quantities for the Project
Prepare Opinion of Probable Cost
Submit Review Plans
Incorporate Review Comments — Final Plans
EARZ Phase V — TCEQ Permitting
Meet with City Staff (Item 9 above)
Prepare SCS Submittal
Deliver to, and review with TCEQ
TCEQ Review
Incorporate TCEQ Review Comments
TCEQ Review & Approval Letter
EARZ Phase V — Bidding & Award
Plan Sets Available to Contractors
Pre -Bid Conference
Answer Questions from Contractors
Open Bids -
Recommend Award
Award by GUS & Council
Prepare Contract Documents
200 days
40 days
1 day
1 day
3 days
7 days
21 days
5 days
1 day
2 days
2 days
5 days
10 days
68 days
1 day
5 days
1 day
30 days
3 days
21 days
37 days
1 day
1 day
4 days
1 day
1 day
1 day
3 days
Tue 7/28/09
Tue 7/28/09
Tue 7/28/09
Wed 7/29/09
Tue 7/28/09
Thu 7/30/09
Thu 7/30/09
Wed 8/5/09
Wed 8/19/09
Fri 8/28/09
Fri 8/28/09
Tue 9/1/09
Tue 9/8/09
Wed 8/19/09
Wed 8/19/09
Thu 8/20/09
Mon 9/7/09
Tue 9/8/09
Tue 10/20/09
Fri 10/23/09
Mon 9/28/09
Mon 9/28/09
Tue 9/29/09
Wed 9/30/09
Tue 10/6/09
Wed 10/7/09
Tue 10/27/09
Wed 10/28/09
Mon 5/3/10
Mon 9/21/09
Tue7/28/09
Wed 7/29/09
Thu 7/30/09
Fd 8/7/09
Thu 8/27/09
Tue 8/11/09
Wed 8/19/09
Mon 8/31/09
Mon 8/31/09
Mon 9/7/09
Mon 9/21/09
Fri 11/20/09
Wed 8/19/09
Wed 8/26/09
Mon 9/7/09
Mon 10/19/09
Thu 10/22/09
Fri 11/20/09
Tue 11/17/09
Mon 9/28/09
Tue 9/29/09
Mon 10/5/09
Tue 10/6/09
Wed 10/7/09
Tue 10/27/09
Fd 10/30/09
L 1
-
-
-
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Project: EARZ V
Date: Wed 6/10/09
Task
Split
Progress
Milestone
Summary
Project Summary
♦
^
^
External Tasks
External Milestone
Deadline
Page 1
me
Execute Contract Documents
EARZ Phase V -- Construction Administration
Construction
Duration
120 days Toe 11/17/09 Mon 513/10
120 days Tue 11/17/09 Mon 513110
Task Milestone External Tasks
Project: EARZ V Split Summary ^ External Milestone
Date: Wed 6/10109
Progress Project Summary ^ Deadline
Page 2
Start
Janua Februa March 1
ID
Ta .:We—
Duration
December
B M Ir B M
E I B I M I E
1 B 1 M I E B 1 M I E I B I M I E I
1
EARZ Project
200 days
Tue 7/28/09
2
EARZ Phase V — Design
40 days
Tue 7128/09
3
Receive Notice to Proceed
1 day
Tue 7/28/09
4
Meet with City to discuss rehabilitation
1 day
Wed 7/29/09
5
Site Reconaissance
3 days
Tue 7/28/09
6
Meet with Contractors and Mfrs.
7 days
Thu 7130/09
7
Prepare Plan & Profile Sheets
21 days
Thu 7/30/09
8
Prepare Technical Specifications
5 days
Wed 8/5/09
9
Meet with City Staff
1 day
Wed 8/19/09
10
Develop Quantities for the Project
2 days
Fd 8128/09
11
Prepare Opinion of Probable Cost
2 days
Fri 8128/09
12
Submit Review Plans
5 days
Tue 9/1/09
13
Incorporate Review Comments — Final Plans
10 days
Tue 9/8/09
14
15
16
EARZ Phase V — TCEQ Permitting
68 days
Wed 8119109
17
Meet with City Staff (Item 9 above)
1 day
Wed 8/19/09
18
Prepare SCS Submittal
5 days
Thu 8/20/09
19
Deliver to, and review with TCEQ
1 day
Mon 9/7/09
20
TCEQ Review
30 days
Tue 9/8/09
21
Incorporate TCEQ Review Comments
3 days
Tue 10/20/09
22
TCEQ Review & Approval Letter
21 days
Fri 10/23/09
23
24
25
EARZ Phase V — Bidding & Award
37 days
Mon 9120109
26
Plan Sets Available to Contractors
1 day
Mon 9/28/09
27
Pre -Bid Conference
1 day
Tue 9/29/09
28
Answer Questions from Contractors
4 days
Wed 9/30/09
29
Open Bids
1 day
Tue 10/6/09
30
Recommend Award
1 day
Wed 10/7/09
31
Award by GUS & Council
1 day
Tue 10/27/09
.
32
Prepare Contract Documents
3 days
Wed 10/28/09
Task
Milestone ♦
External Tasks
Project: EARZ V
Split
Summary ^
External Milestone
Date: Wed 6/10/09
^
Deadline
Progress
Project Summary
Page 3
me
34
35 EARZ Phase V -- Construction Administration 120 days Tue 11/17109
36 Construction 120 days Tue 11/17/09
Project: EARZ V
Date: Wed 6110/09
Task Milestone
Split Summary
Progress Project Summary
Page 4
External Tasks
External Milestone
Deadline
Edwards Aquifer Recharge Zone --
Phase V
Clerical
CAD
EIT
PE
PM
Principal
Total
Final Design
$36,632
Meet with Contractors and Manufacturers on rehab. methods.
8
2
4
$ 1,820
Site Reconaissance
12
12
8
$ 3,460
Meet with City concerning rehabilitation methods
31
1
4
$ 1,070
Prepare plan and profile sheets.
72
42
241
16
8
$15,340
Develop technicalspecifications for rehabilitation methods.
12
8
8
$ 3,640
Meet with City Staff to update progress on the project.
4
4
$ 1,160
Develop quantities for the project.
3
2
$ 670
Prepare Opinion of Probable Cost
4
2
$ 760
Submit review sets of plans andspecs to the City Staff
36
12
8
8
$ 4,648
Incorporate City Staff comments into the plans and specs.
8
16
12
8
$ 4,064
TCEQ Permitting
$ 5,005
Prepare SCS (Sewage Collection System) submittal.
4
241
1 2
2
$ 3,120
Deliver to TCEQ office and review with their rep.
4
2
2
$ 1,060
Provide add. information/ revisions to obtain TCEQ approval.
1
4
2
$ 825
r �n
$ 6,023
ro are Bid Documents/Advertise
6
1
$ 690
Solicit Bidders
61
2
$ 558
Pre -Bid Conference
31
1 21
2
$ 769
Answer Questions from Contractors
4
2
1
$ 980
Prepare Addenda
6
4
1
$ 1,220
Receive Bids
2
$ 300
Tabulate Bids
2
1
1
$ 326
Recommend Award
2
1
$ 236
Prepare Contract Documents
8
4
$ 944
Construction Administration
$14,854
Review Submittals
1
161
41
2
1
$ 2,420
Construction Meetings/minutes/etc.
24
16
4
4
$ 4,352
Site Review
24
4
4
$ 4,280
Final Walkthrough
4
4
4
$ 1,252
Record Drawings
10
24
4
1
$ 2,550
Project Total
$ 62,514
Edwards Aquifer Recharge Zone
Phase V Rehabilitation
Preliminary Opinion of Probable Cost
May 2009
Construction Item
Qty
Cost
Unit
Extended
Mobilization, Bonds and Insurance
100%
LS
$20,000.00
$20,000
Trench Safety Plan
100%
LS
1
1,000.00
$1,000
Trench Safety Implementation (structures over 5 feet deep)
100%
LS
6,000.00
$6,000
Remove and Replace Existing Manhole
2
EA
12,500.00
$25,000
Install Manhole
1
EA
6,500.00
$6,500
Seal Entire Manhole
55
VF
225.00
$12,375
Quadex
25
VF
300.00
$7,500
CIP Manhole Rehab
211
VF
600.00
$126,600
Pressure Wash Existing Manhole
2
EA
1,000.00
$2,000
Remove and Replace Exisitng MH Frame & Cover
1
EA
1,500.00
$1,500
8" Pipe Bursting
1,380
LF
115.00
$158,700
Reconnect Sewer Service
EA
2,000.00
$10,000
Remove & Replace Concrete Cap at creek
LS
10,000.00
$10,000
Bypass Pumping
LS
10,000.00
$10,000
Vacuum Testing Manholes
4.500SY
EA
1,000.00
$3,000
Temporary Fencing
LS
2,500.00
$2,500
Miscellaneous Surface Restoration
LS
7,500.00
$7,500
Furnish & Install St. Augustine or Bermuda Grass Sodding
15.00
$7,500Video
Taping Project Sites)
00%
LS
1,000.00
$1,000
Subtotal Construction
$418,675
Contingencies (15%)
$62,801
Engineering & Special Services (15%)
$72,221
Total
$553,698
USE
$560,000
P�
Page 1 of 1
REMOVE AND RTP(A T
F 4' -O MANII(p I
Y ni
FRAME
RAMf A ANO COVIn {
fNli-010 '� q � �i � ,• '••
NCMJ9M Rrver H� n Dre
Iv
FURNISH AND INSTALL
NEW CONCRETE AWNHOLf
.K•. (CONTRACTOR TO INSTALL TEMPORARY VR f
FENCM'G TO SECURE BORE
PIT DURING CONSTRtwC .
.. ter.
N
,REMOVE AND REPLACE
CONCRETE ENCASEMENT _
AT CREEK CROSSING -
San Gabric l Y
Park s. Ag
y ,
•H�
REMOVE AND REPLACE
,b,. EXISRNG 4'-0- MANHOLE
1 i �
- - i � hkq Kn� 3• h -�
REMOVE AND REPLACE
EXISTING 4'-0- MANHOLE
toe ` '<
w "Y
NOTE •
NUMBER AND LOGIRON OF SERVICES
UNKNOWN. BIO OOCUMfN7S WILL
CONTAIN 5 SERNCE CONNECTIONS i0
TO BE M40E.
CI!AIR
OF GEORGETOWN, TEXAS
Z V WASTEWATER IMPROVEMENTS
SAN GABRIEL PARK
°""o. E
MAY 2009 EXHIBIT
Council Meeting Date: July 28, 2009 Item No. —
AGENDA ITEM COVER SHEET
SUBJECT: Forwarded from the GUS Board:
Consideration and possible action for the award of the annual bid for flexible base
material, sand, rock, and sandy loam to vendors Georgetown Transportation & Superior
Crushed Stone, of Jarrell, Texas, and Jag Trucking of Georgetown, Texas 'by lot' in the
estimated total amount of $71,750.00. — Mark Miller, Transportation Services Manager, Jim
Briggs, ACM for Utility Operations
ITEM SUMMARY,
Bids were received to provide the City with standard flex base, washed manufactured
sand, 3/8" rock, and sandy loam to be used in the construction and maintenance of the City
streets, water, and electric distribution systems. The base is used primarily for repairing street
cuts and new construction, and the sand and rock are used for bedding pipe before burying. The
staff recommendation is to award this bid to the low bidders responding, Georgetown
Transportation, Superior Crushed Stone, and Jag Trucking as designated on the attached bid
tabulation. Georgetown Transportation will be the vendor for flex base, Superior Crushed Stone
for sand and rock, and Jag Trucking will supply the sandy loam.
The unit prices bid includes delivery and stock piling of the material at our facility. The
using departments will order materials on as needed basis.
GUS BOARD RECOMMENDATION:
This item was unanimously recommended by the GUS Board for Council approval at
the July 21, 2009, GUS Board meeting.
FINANCIAL IMPACT:
Funds for this expenditure are budgeted in the maintenance accounts for Streets, Water &
Electric:
Fund
100-5-0846-52-911 Street Maintenance
660-5-0528-51-530 Water Maintenance
610-9-0580-90-011 Overhead Conductors
610-9-0580-90-012 Underground Conductors
COMMENTS:
None
ATTACHMENTS:
1. Bid Tabulation
Cost
$14,350.00
$21,525.00
$17,93750 $1,423,000.00
$17,937.50 $2,727,000.00
Submitted By: Mark Miller, Jim
Transportation Services
Manager
Remainine Budeet
$97,783.66
$9,626.24
$578,162.00
$1,094,548.00
29049
Flex Base, Sand, Rock & Sandy Loam
for City of Georgetown
August 1, 2009 - July 31, 2010
Lot
Description
CITY
UOM
AGH2O Holdings
Round Rock TX
Unit Price
BPI
Lakewa , TX
Unit Price
'Georgetown Transp 'JAG TRUCKING
Jarrell, TX Geo etown, TX
Unit Price Unit Price
Klepzig
Hutto, TX
Unit Price
'RTI
Geor own, TX
Unit Price
`Superior
Jarrett, TX
Unit Price
1
FLEX BASE, TYPE A, GRADE 1
5000
TONS
9.00
8.75
6.75
7.50
$ 7.90
$
7.90
6.95
2
SAND,WASHED & MANUFACTURED
3000
TONS
11.90
9.28
6.00
10.50
$ 10.00
$
8.10
5.95
3
318- ROCK, TYPE 'F'
2000
TONS
11.90
12.46
9.25
10.50
$ 10.00
$
10.40
7.95
4
SANDY LOAM 1
500
ITONS1
12.00 1
8.50
NO BID
8.50
9.951
NO BID 1
10.95
'Recommended Vendors.
Lot 1 - Georgetown Transportation
$
33,750.00
Lot 2 - Superior Crushed Stone
$
17,850.00
Lot 3 - Superior Crushed Stone
$
15,900.00
Lot 4 - JAG Trucking
$
4,260.00
Estimated Annual Total $71,750.00
No Response
Atex Commerical Contractor, Austin Filter, CDC News, Construction Data Co., Ella Construction, GT Erosion & Environmental, H. Deck Construction
Hertz Equipment Rental, Jewell Concrete Products, KC Construction, Maldonado Nursery, MBA Maintenance, McLean Construction, Miller Contracting, Mine Service, LTB
RGM Constructors, Rogers Construction, Sendero Land Services, SI Precast, Stillwater Landscapes, Texas Rock Hounds, W. W. Grainger, Weirs Remodeling & Construction
29049bidtabcouncil
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Item # P
Item # Q
Item # Q
Item # Q
Item # Q
Item # R
Item # R
Item # S
Item # S
Item # S
Item # S
Item # S
Item # S
Item # S
Item # S
Item # S
Item # S
Item # S
Item # S
Item # T
Item # T
Item # U
Item # U
Item # U
Item # U
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # V
Item # W
Item # X