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Home My WebLink AboutAgenda CC 10.13.2009MeetingAgenda Notice of Meeting of the Governing Body of the City of Georgetown, Texas OCTOBER 13, 2009 The Georgetown City Council will meet on OCTOBER 13, 2009 at 6:00 P.M. at The Council Chamber at 101 E. 7th Street. If you need accommodations for a disability, please notify the city in advance. Regular Session (This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) A Call to Order Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures - Friends of the Library Proclamation City Manager Comments - Art Festival - A Chocolate Affair - Haunted Hayride and Carnival Action from Executive Session Public Wishing to Address Council Page] of 4 On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. B - Nancy Neve of Pedernales Electric Cooperative (PEC) regarding update of PEC activities in Georgetown - Edward Dollase regarding additional signage in school zones - Jim Dillon and Nancy Dillon regarding Merrill Lynch - Keith Peshak regarding wild dogs at the Georgetown Airport - Sydney Reese and Robin Klaus regarding 4H and FFA http://agendas.gcorgctown.org/MectingAgcnda.aspx?meetingid=104 10/8/2009 MeetingAgenda Page 2 of 4 Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that may be acted upon with one single vote. An item may be pulled from the Consent Agenda in order that it be discussed and acted upon individually as part of the Regular Agenda. C Consideration and possible action to approve the minutes of the Council Workshop held on Tuesday, September 22 and the Council Meeting on Tuesday, September 22nd, 2009 -- Jessica Hamilton, City Secretary D Consideration and possible action to authorize Paul Brandenburg, Georgetown City Manager, to sign a contract permitting the Georgetown Public Library to receive direct financial aid in the amount of $18,228.00 from the Texas State Library and Archives Commission -- Eric Lashley, Library Director and Randy Morrow, Director of Community Services E Consideration and possible action to authorize Environmental Services staff to apply for Capital Area Council of Governments (CAPCOG) FY2010 Regional Solid Waste Management Grant program for funds to continue the collection of recyclables at select City facilities; the purchase of a refrigerant recovery system, EPA -required training, and associated ancillary parts; the means to promote a REDUCE — REUSE — RECYCLE philosophy through public outreach and education — Jim Briggs, Assistant City Manager and Rachel Osgood, Environmental Services F Consideration and possible action to approve a Resolution authorizing the abandonment and vacation by quitclaim deed of a triangular-shaped Permanent Utility Easement described in Document No. 199972921, Official Records of Williamson County, Texas — Kenneth Amold, Energy Services Director and Jim Briggs, Assistant City Manager for Utility Operations G Consideration and possible action to authorize staff to negotiate and execute a contract for online auctioning services with Gaston and Sheehan Auctioneers, Inc. of Pflugerville, Texas for the sale of abandoned vehicles — Marsha Iwers, Purchasing Manager and Micki Rundell, Chief Financial Officer H Consideration and possible action to award the annual bid for Concrete and Grout to Lone Star Ready Mix of Leander, Texas the estimated amount of $34,750.00 -- Marsha Iwers, Purchasing Manager and Micki Rundell, Chief Financial Officer I Consideration and possible action to approve the purchase of advertising for personnel services in the Austin American Statesman up to an estimated annual amount of $25,000 which includes a contract for set advertising space and also includes dollar volume discounts for services above contracted amount -- Kevin Russell, Director of Human Resources and Civil Service J Consideration and possible action to appoint Mike Burton to the Main Street Advisory Board to fill a vacancy -- Mayor George Garver Legislative Regular Agenda K Consideration and possible action to approve the annual support services and contract renewals for fiscal year 2009/10 for Information Technology vendors providing services and support to the City of Georgetown -- Leticia Zavala, Project Manager and Micki Rundell, Chief Financial Officer L Consideration and possible action to approve the annual contract for fire protection and rescue services between the City and Williamson County Emergency Services District # 8 -- Laurie Brewer, Assistant Director of Finance and Micki Rundell, Chief Financial Officer M Discussion and possible action regarding a request for a Temporary Special Use Permit for the second floor of the building located at 701 Main Street — Paul E. Brandenburg, City Manager and Robbie Wyler, Historic District Planner N Consideration and possible action authorizing library staff to purchase books from Ingram, Inc. in an amount not to exceed $130,000 for fiscal year 2009-10 -- Eric Lashley, Library Director and Randy Morrow, Director of Community Services O Consideration and possible action to approve payment for professional services provided by Labor Finders up to an estimated annual amount of $75,000 -- Kevin Russell, Director of Human Resources and Civil Service P Consideration and possible action to authorize the City to enter into a benefits contracts for the 2010 Plan year -- Kevin Russell, Director of Human Resources and Civil Service http://agendas.georgetown.org/MeetingAgenda.aspx?meetingid=104 10/8/2009 MeetingAgenda Page 3 of 4 Q Consideration and possible action to approve the 2010 City of Georgetown employee benefit incentives -- Kevin Russell, Director of Human Resources and Civil Service R Discussion and possible action regarding a four (4) month moratorium on the Downtown Two (2) hour parking restrictions -- Pat Berryman, Councilmember District 5 S Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to execute an iaterlocal agreement between Chisholm Trail Special Utility District and the City of Georgetown regarding regional water system improvements -- Glenn Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations T Forwarded from the Georgetown Utility System (GUS) Advisory Board: Discussion and possible action regarding the Williamson County Regional Raw Water Line intake structure pumping upgrades planted by the Brazos River Authority — Glenn Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations U Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action for the award of the annual bid for electric wire to various bidders in the estimated amount of $612,080.00 — Kenneth Arnold, Energy Services Director and Jim Briggs, Assistant City Manager for Utility Operations V Public Hearing and First Reading of an Ordinance to amend the Unified Development Code (UDC) Section 3.13.010 "Applicability'; Section 3.15 "Variance (Zoning); repealing Chapter 4 Zoning Districts, Chapter 6 Lot Standards, and Chapter 7 Site Design Standards and adding new Chapter 4 Zoning Districts, Chapter 6 Residential and Agriculture Zoning Districts: Lot, Dimensional and Design Standards, and Chapter 7 Non -Residential Zoning Districts: Lot, Dimensional and Design Standards — Elizabeth A. Cooky Community Development Director W Second Reading of an Ordinance adopting the Utility Master Plan Executive Summary as an Element of the 2030 Comprehensive Plan — Jordan J. Maddox, AICP, Planner III and Thomas R. Benz, PE, Systems Engineering Director X Consideration of a resolution placing names in nomination for the election of Directors for the Williamson County Appraisal District (WCAD) — Paul E. Brandenburg, City Manager Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session. Y Sec. 551.071: Consultation with Attorney 1. Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including this week's agenda items 2. Mark Shelton v. City of Georgetown, et al; Cause No. A07CA063; in the United States District Court for the Western District of Texas, Austin Division 3. First Citizens Bank & Trust Company v. City of Georgetown; Cause No. D -1 -GN -08-02325, 53rd Judicial District, Travis County, Texas Z Sec. 551.074: Personnel Matters - Discussion regarding the goal setting criteria for the City Manager AA Sec.551.086: Competitive Matters - Discussion and possible action concerning a MOU with CPS -- Jim Briggs, Assistant City Manager for Utility Operations Adjournment Certificate of Posting I, Jessica Hamilton, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the day of 2009, at , and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. http://agendas.georgetown.org/MectingAgenda.aspx?meetingid=104 10/8/2009 Council Meeting Date: October 13, 2009 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to authorize Environmental Services staff to apply for Capital Area Council of Governments (CAPCOG) FY2010 Regional Solid Waste Management Grant program for funds to continue the collection of recyclables at select City facilities; the purchase of a refrigerant recovery system, EPA -required training, and associated ancillary parts; the means to promote a REDUCE - REUSE - RECYCLE philosophy through public outreach and education. - Rachel Osgood, Coordinator for Environmental Services, Jim Briggs, ACM for Utility Operations. ITEM SUMMARY: Major department goals for FY2010 continue to focus on the delivery of consistent, reliable, and safe collection of solid wastes and recyclable while promoting the importance of a REDUCE - REUSE - RECYCLE philosophy, and the benefits of such practices. Grant monies, if awarded, would go towards paying recycling collection costs at the GMC, library, and recreation center; allow for the purchase of a refrigerant recovery system and EPA -required technical certifications, and public outreach efforts using local media and direct mail. Should the City of Georgetown be awarded a grant, staff will then present to Council all program implementation documents and request authorization to receive the grant at that time. Although matching funds are not required to receive funding, they are strongly considered when determining an applicant's commitment to the program. (Board) RECOMMENDATION: Under $50,000 - does not go to GUS Board: All grants must go directly to City Council for authorization per Council Policy. STAFF RECOMMENDATION: Staff recommends that City Council authorize staff to proceed with the application process for CAPCOG funds. FINANCIAL IMPACT: Only upon execution of any grant monies being awarded. City Council will have the ability to eitherapprove or deny the grant, as awarded, by execution of the grant documents or refusal to do so. Funds to be used as matching funds are budgeted in the General Fund: Fund Actual Budget 100-5-0635-51-340 COMMENTS: None ATTACHMENTS: Resolution General Government Contracts/Legal 11,000.00 11,000.00 Submitted By: Rachel Osgood, Jim Coordinator for Environmental Services for Available Budget Balance 11,000.00 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE CAPITAL AREA COUNCIL OF GOVERNMENTS (CAPCOG) FOR A REGIONAL SOLID WASTE GRANT PROGRAM GRANT; AND PLEDGING THAT IF A GRANT IS RECEIVED, THE CITY OF GEORGETOWN WILL COMPLY WITH THE GRANT REQUIREMENTS OF CAPCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) AND THE STATE OF TEXAS. WHEREAS, CAPCOG is directed by the Texas Commission on Environmental Quality (TCEQ) to administer solid waste grant funds for implementation of CAPCOG's adopted Regional Solid Waste Management Plan; and WHEREAS, the City of Georgetown, in the State of Texas, is qualified to apply for grant funds under the Request for Applications; and WHEREAS, Jim Briggs, Assistant City Manager for Utility Operations, is authorized to request grant funding under CAPCOG, and act on behalf of the City in all matters related to the grant application and any subsequent grant contract and grant project that may result; and WHEREAS, it is the intent of the City to use the grant funds to expand and / or implement recycling opportunities at City -owned facilities and City -sponsored events; and the funds to announce and promote these programs on a regular basis; and WHEREAS, if this project is funded, City will comply with the grant requirements of CAPCOG, TCEQ, and the State of Texas; grant funds and grant -funded equipment will be used only for the purposes for which they are intended under the grant; and all activities will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are performed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution implements the following policy of the 2030 Comprehensive Plan: Vision Statement 4.4, which states: "Georgetown has taken a leadership role in the use of advanced technology to incorporate sustainable "green infrastructure" including initiatives to: D. Promote maximum re -cycling." Resolution No. Application for CAPCOG Grant For Regional Solid Waste Page I of 2 and further finds that the enactment of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Chapter 2 of the 2030 Comprehensive Plan. SECTION 2. Jim Briggs, Assistant City Manager for Utility Operations, or his designee, is authorized to request grant funding under CAPCOG, and to act on behalf of the City in all matters related to the grant application and any subsequent grant contract and grant project that may result. SECTION 3: If the City receives the CAPCOG grant funding, the City will comply with the grant requirements of CAPCOG, TCEQ, and the State of Texas; grant funds and grant - funded equipment will be used only for the purposes for which they are intended under the grant; and all activities will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are performed. SECTION 4: The Mayor is authorized to sign this Resolution and the City Secretary to attest. This Resolution shall be effective immediately upon adoption. RESOLVED this the day of October, 2009. ATTEST: Jessica] Hamilton City Secretary APPROVED AS TO FORM: Patricia E. Carts City Attorney Resolution No. Application for CAPCOG Grant For Regional Solid Waste Page 2 of 2 THE CITY OF GEORGETOWN: By: George G. Garver Mayor Council Meeting: October 13, 2009 Item No. I"— AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to approve a Resolution authorizing the abandonment and vacation by quitclaim deed of a triangular-shaped Permanent Utility Easement described in Document No. 199972921, Official Records of Williamson County, Texas — Kenneth Arnold, Energy Services Director, and Jim Briggs, Assistant City Manager for Utility Operations ITEM SUMMARY: In early September 2009, staff received an inquiry from Patricia A. Katt, CPA, concerning the abandonment and vacation of the subject easement on her property located at 601 S. Austin Avenue. Upon researching the property file, it was discovered that this easement was intended to be vacated and abandoned back in 2000 to correct an error made in the location of the easement. The original easement was obtained as part of an underground electric improvement project in the alley behind the old Gold's Department Store (referred to as the 7w Street Alley Project). The purpose of the easement was for the location of an electric transformer that ended up being constructed approximately six feet (6') to the east of the original easement location. Consequently, a new survey was obtained describing the correct boundaries of the electric transformer site after construction was complete and a new easement with the correct description was mailed to the landowner for signature. (See attached March 24, 2000 transmittal letter.) The correct easement was never returned to the City and abandonment of the incorrect one never occurred. Accordingly, at staff's suggestion, on September 8, 2009, Ms. Katt submitted an application for the abandonment and vacation of the incorrect easement and has since returned the signed correct easement which, upon Council approval hereof, will be recorded concurrently with the quitclaim deed abandoning the incorrect easement. The Assistant City Manager for Utility Operations, or his designee, has reviewed the request and recommends that the subject easement recorded in Document No. 199972921 of the County real property records be vacated and abandoned. ATTACHMENTS: 1) March 24, 2000 transmittal letter 2) "triangle" easement proposed for abandonment 3) Proposed Resolution authorizing abandonment with Quitclaim Deed attached as Exhibit "A" 4) Signed easement correctly depicting location of electric transformer site Submitted By: Kenneth Arnold Jim Briggs, Assistant City Manager Energy Services Director for Utility Operations ecQ.Yg gLQ March 24, 2000 Pat Katt & Wayne Reynolds Katt & Reynolds, CPA 601 S. Austin Ave. Georgetown, TX 78626 RE: Easement granted to the City of Georgetown in Document 199972921 on October 15, 1999 Dear Ms. Katt & Mr. Reynolds: This is to express the City's intent to vacate the easement granted in the above document upon approval by the City Council. The enclosed document contains the correct legal description of the location of the transformer. Please sign this document before a notary public and return it to me for recording. If you have any questions, please contact me at 930-3635. Thank you for your assistance. Sincerely yours, i; /Judi Hunter ',/ Paralegal Enc. CITY ATTORNEY'S OFFICE -POST OFFICE BOX 409 • GEORGETOWN, TEXAS 78627-0409 - 512/930.3653 • FAX: 512/930.3622 PERMANENT UTILITY EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That KATT & REYNOLDS, a Texas general partnership, GRANTOR, of the County of Williamson, State of Texas, for and in consideration of the payment of TEN and NO/100 DOLLARS, and other good and valuable consideration, in hand paid to GRANTOR by the CITY OF GEORGETOWN, TEXAS, the receipt of which is hereby acknowledged, have GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the said CITY OF GEORGETOWN, a Texas Municipal Corporation, certain rights and interests in the nature of a perpetual easement on and through the following described property: BEING part of Lot 6, Block 38 of the ORIGINAL TOWN OF GEORGETOWN, an addition in Georgetown, Williamson County, Texas, as it appears upon the map recorded in Volume 5, Page 211 of the Williamson County Deed Records, and embracing a portion of the tract described in the deed to Katt & Reynolds recorded as document number 9849360 in the Official Records of Williamson County, and being more particularly described by metes and bounds on Exhibit "A" attached hereto provided, however, that this conveyance shall grant the rights herein specified only as to that portion of the above described property more particularly described by course, width, and centerline on the attached Exhibit "A", known as the "Easement Area". To erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and remove the following: Underground electric distribution lines and transformer box; upon, over, and across said property as herein described and any ways, streets, roads, or alleys abutting same; and to cut, trim and control the growth of trees and other vegetation on and in the easement area or on adjoining property of GRANTOR, which might interfere with or threaten the operation and maintenance of any public utility equipment, accessories, or operations. It is understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of GRANTEE. GRANTOR expressly subordinates all rights of surface use incident to the mineral estate to the above described uses of said surface by GRANTEE, and agrees to lender's subordinations on behalf of GRANTEE upon request. It is expressly understood that the GRANTOR or future Owners of this property reserve the right to use this easement for all purposes which do not interfere with or prevent its use by the GRANTEE. TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OF GEORGETOWN, TEXAS, and its successors and assigns, forever, and GRANTOR does hereby bind itself, its successors and assigns, to warrant and forever defend, all and singular, these rights and interests unto the CITY OF GEORGETOWN, TEXAS, and its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. EXECUTED this day of GRANTOR: KATT & REYNOLDS a Texas general partnership By: By: PATRICIA A. KATT, Partner TRAVIS WAYNE REYNOLDS, Partner APPROVED AS TO FORM: Marianne Landers Banks City Attorney STATE OF TEXAS K- 13K010IP010iiiL�2Y COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of , 2000, by PATRICIA A. KATT, Partner of Katt & Reynolds, a Texas general partnership, on behalf of said general partnership. Notary Public, State of T E X A S STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of , 2000, by TRAVIS WAYNE REYNOLDS, Partner of Katt & Reynolds, a Texas general partnership, on behalf of said general partnership. Notary Public, State of T E X A S RCS RONALD CARROLL SURVEYORS 7� 5302 S. 3I" Street Temple (254) 773-1447 Temple,'I9t 76502 Waco (254) 412-1447 Fax (254)773-1728 January 14, 2000 Page 1 oft Field notes for the City of Georgetown for: UTILITY EASEMENT (KATT & REYNOLDS TRACT) Part of Lot 6, Block 38 of the ORIGINAL TOWN OF GEORGETOWN, an addition in Georgetown, in Williamson County, Texas as it appears upon the map recorded in volume 5, page 211 of the Williamson County Deed Records, and embracing a portion of the tract described in the deed to Katt & Reynolds recorded in document number 9849360 of the Official Records of Williamson County. Commencing at a'Y' cut in the brick walk at the southwest corner of Lot 1, Block 38 and a tract described in the deed to Marvin Waley, et ux recorded in volume 2376, page 359 of the Williamson County Deed Records, for the intersection of the east line of Austin Avenue and the north line of 7" Street, then run north no degrees -02 minutes west along said east line of Austin Avenue and Lot 1, Block 38 for the west line of said Waley tract and to and along the west face of the stone building, at 113-88/100 feet pass the northwest corner of said building, and continue in all, 119-23/100 feet to a 5/8 inch iron rod set for the northwest comer of said Lot 1 and Waley tract, being the southwest corner of Lot 8 and said Katt & Reynolds tract, then run north 89 degrees -49 minutes -15 seconds east (deed call is east) along the common line of said Lots 1 and 8, and said Waley and Katt tracts, at 3 0-1 011 00 feet pass a point for the northeast comer of said Waley tract, being the northwest corner of a tract described in the deed to Pensco Pension Services, Inc., Custodian FBO Roth IRA document number 199935720 of said Official Records, at 4 9-4 011 00 feet pass a point for the northeast comer of said Pensco tract, being the northwest corner of a tract described in the deed to Harry Gold, et ux recorded in volume 579, page 517 of said Official Records, and continue in all, 136.101100 feet to a point, from said point a 3/8 inch iron rod found for the northeast corner of a tract described in the deed to Harry Gold recorded in volume 435, page 200 of said Deed Records, being the southeast corner of said Katt tract, also being the northwest comer of a tract described in the deed to the City of Georgetown recorded in volume 508, page 41 of said Official Records, for the southwest comer of a tract described in the deed to Thomas Murphey, et al recorded in volume 2501, page 402 of said Deed Records, being document number 94026549 of said Official Records bears north 89 degrees -49 minutes -15 seconds east 45.11/100 feet, and theft run north no degrees -11 minutes west 8-85/100 feet to a point at the southwest comer of a concrete pad for electric transformer pad and the southwest and beginning comer of the tract being described. Thence north no degrees -I 1 minutes west along the west side of the concrete pad 5 feet to the northwest comer of said concrete pad. Thence north 89 degrees49 minutes east along the north side of said concrete pad 7 feet to the northeast comer of said concrete pad. Thence south no degrees -11 minutes east along the east line of said concrete pad 5 feet to the southeast corner of said concrete pad. January 14, 2000 Field notes for the City of Georgetown for: (continued) Page 2 of 2 Thence south 89 degrees -1 l minutes west along the south side of said concrete pad 7 feet to the Place of beginning. See attached 1 ! inch by 17 inch sketch that accompanies these field notes. Basis of bearings taken from the west line of Block 39 Original Town of Georgetown as north. Surveyed January 11, 2000. f:." _Fa ;_1 . it fn_nb WillkmmnC.o_Gwrptmn-plk36 CityEw_aari_99304 011400 Pores, 6 t h STREET •_ Baa, al Basn9 Sp�em m,un.a P°M woo gg Vi. —T - — L.v °I a J9, .10 p . Te.a .' Cv .a. 7*)_ ) pauu9, ve o.� a,eE °I P.nvC. J6 Nr . Ym PeE found yfWC al! bi Aevaa N W,IaMT �antY. T..m _ C ' b Pott k RgnWas I Docommt j: 9849360 (ORWC) _ A� L 0 7 8 I LOT r '$ Lancrete oa0 -- - Electric 'Mity Easement NB9'6B$:'' 1cr Trans!crmer 3 T0' ry .� n n� I 2-=W sulM.G tiolCancdete�p� _—_--____—l'7.04- —. T'... oA-oti� •b " I,8PPaa 8 1I �S "-._....12-5 /w0' Ri nt waY _ro9Eas_met � t'a • .�+ xre• e.r I wv�rst t.9 h - I ry .� n n� I 2-=W sulM.G 1 -STORY BV&7wG f n , rapo,5e s,-• (d1Wtt • .�+ Oeom.n {+ I.-M)M (ORWI $ L O -T L 0 T _ k• smcC a, 7 t STREET P,�P Twrwt Yuroney. et Y Yaome i_ i. Pagr Ia2 _a mat i`y?.02f51a LAWt -sraW- Baaniq 1 m C[ty r »o.gatsv m. Soe. =aq. •, .RK sTaA- Buunwc _ HPn. :wa raWme PJ`.. Gage 100 MWC; �-$IeT jtY4DiMC v 3 3 Sketch showing a Proposed Utility Easement over Part of Block 36, of the DRIGINIL TOWN OF GEORGETOWN ea addition in Georgetown, IrMamson CountF Texas as it appears upon the map recorded in Volume 5, Page 211 of the Irillfameon County Deed Records, Surveyed 7anuar7 U, �2000.20�,�C/,�Q e : E RONALD CAItROLL 5��" ` `•.� � ��+e s ARRO 2 4 h res%�•1�, PIA f 'Q„ Skvhk sAevmq v PWm 15 V" " 12-$/10' M0I ? MwB [aaeewd over port of Bock 3e, or t ORIGI T OF GEDRGCMMYY an addi0on in Ce r9atown, in M95arnson Caanw7, Tues RONALD CARROLL SURVEYORS S S ov, 31st SbeN - T.mp1.. Tufa 78302 DRw'd Arm Birmin .ae 9 �wJ.B/ HP. 1-17-2C 999-1- B - C "W"a_ s BIk39Q.dW9 99704 199972921 5 I=ss PERMANENT UTILITY EASEMENT TE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: Ol TY OF WILLIAMSON KATT d REYNOLDS, a Texas general partnership, GRANTOR, of the County of State of Texas, for and in consideration of the payment of TEN and NOl100 DOLLARS, and valuable consideration, in hand paitl to GRANTOR by the CITY OF N, TEXAS, the receipt of which is hereby acknowledged, have GRANTED, SOLD D and by these presents does GRANT, SELL, and CONVEY unto the said CITY OF D N, xes Municipal Corporation, certain rights and Interests in the nature of a nt on nd through the following described property LFIOGNA addbf fglhe tract described in the deed to Katt 8 Reynoltls recorded asdy described by metes end bounds on Exhibit "A' attached provided, howdv€r,�Ifmet nveyance shall grant the rights herein specified only as to that portion ofthe aboEvx� de p attachere partcularty described by course, width, and centerline on the d tubi "A", th "Easement Area" To erect, consib fn -1 II, thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and remove the f Undergrou i tri tion lines and transformer box: upon, over, and across said no" as e n d and any ways, streets, roads, or alleys abutting same; and to cut, tri d a of trees and other vegetation on and in the easement area or on adjoining of NTOR, which might interfere with or threaten the operation and maintenance of pubutility aqui rent, accessories, or operations It Is understood and agreed that any a d equipment d cilities placed upon said property shall remain the property of GRANTEE GRANTOR expressly subordlnatas gh s a use Incident to the mineral estate to the above described uses of said surface G E , an agrees to lenders subordmnations on behalf of GRANTEE upon request It is expressly understood that the G O ers of this property reserve the right to use this easement for all purposes which d not igte re with or prevent its use by the GRANTEE. / (`r4rd `�} ' TO HAVE AND TO HOLD the rights and I interests described unto the CITY OF GEORGETOWN, TEXAS, and its successors and aaver, GRANTOR does hereby bind Itself, its successors and assigns, to warrant and forea and singular, these rights and interests unto the CITY OF GEORGETOWN, TEXASss ors and assigns, against every person whomsoever lawfully claiming, or to claima thereof. EXECUTED this /� day of � GRANTOR: / KATT & REYNOLDS, a Te pa P By: � Title: 'ROVED AS TO FORM: Marianne Lan rs Banks vO City Attorney ST OF TEXAS § �� § ACKNOWLEDGMENT / C OF WILLIAMSON § instrument was admowled ed before me on the 15 day of , 1999, by Wt. j A PrAwof Katt & was general partnership, on behalf of sai gene , partnership. f+' JANET WELCH �� wax, snadTw N ary Public, State of T E X A S N _ dlCT. 15, 2002 RONALD CARROLL SURVEYORS 7� 6.3112 S. 31' street Temple (204) 773-1447 Tcmplc,'rX 76602 Waco (264)412-1,'17 1999 EXHIBIT —N—. Fax (264) 773-1728 own for: UTUM EASEMENT- KATT & REYNOLDS TRACT Part of LP" , Bloco#4he ORIGINAL TOWN OF GEORGETOWN, an addition in Georgetown, in Williamson Cofmy. 4'64sia9 kj, pears upon the map recorded in volume 5, page 211 of the Williamson County Deed Recorda,,AM embiac�S'a portion of the tract described in the deed to Katt & Reynolds recorded in document numbq 449360-oftha Official Records of Williamson County. Commencing at a "x"fcut th ri deed to Marvin Waled ; the east line of Austin A4=uc4i01 said cast fine of Austin Avenue aro west face of the stone buildittg, af.1 pass a 5/8 inch iron rod set for Slie i said of Lot 8 and Katt tract, in e{! 1 seconds east along a line 9 -65/106 - Katt and Wiley tracts, 116-65/100 transformer utility easement being Thence north 47 degrees -31 minutes east l ; the southwest corner of Lot 1, Block 38 end a tract described in the slue 2376, page 359 of said Official Records, for the intersection of line of 7i6 Street, then run north no degras-02 minutes west along Dick 38 for the west line of said Waley tract and to and along the T eet pass the northwest corner of said building, at 119-23/100 fat : Omer of -said Lot I and Waley tract, being the southwest comer 10 fgea o at t, and then run north 89 degrecs-49 minutes -15 orfy a Ojparaflel to the common line of said Lots t and 8, and said 6Qd it for the southwest and beginning corner of the electric Thence south no degrees -10 minutes -45 seconds, v northerly and parallel to the common line of said`E north line of a tract described in the deed to Harry Thence south 89 degrees -49 minutes -15 seconds west south line of said Kett tract, for the north line of said set. /100'feet to a 60d nail set in said line 9-65/100 feet south line of said Katt tract, being the lume 435, page 200 of said Deed Records. See attached I I inch by 17 inch sketch that accompanies these line of Block 39 as north. Surveyed September 2, 1999. fed northerly and parallel to the t to the place of beginning. bearings taken from the west eelr srRaar _ fn✓t M Mr•f sp.—\ � xsq nMnO M. e�lT --- t,r N ... x I BLOCK JB 01 Electnc UMity Eeeernent r �.� L 0 T 8 I e.•..t ,�{c tn•rawnnt. w net anawi 3 Th u ry. Al a dp L 0 T 8 L 0 T 7'�' F iii Dec R iw»�Sa9 (Ortrrt KPtt k R•P,dM y �M. A , ' �I '{ Ooam.nt 1 Y61i360 (OR —Y� — —� — — — — — i,f u' — J—I' ll_aa� MV40'15'T— 1 Ilal.11' l;yfmn etan•c I� 12-5/10' RIM a WW 1 UehE • 1 1o.y 10 lax M 82.91' ✓' — -F—✓`— — kk — saa u a"w xarea ra T «� Z Rwne of w•y Eenrt,•nt F i °jb I I I I I Myor c.vwte.n AA sig 1 -$MR,' AIa-a1at. W p_ vas 504 Pep a (WwD 9 y{ I n n J! I///��I n� I I Hary raa I , r aortae �I Whim Pry. a,t Vd.. 4x Pep. oee.n.n qDp (p(WC) 1 O 01 —' t-Sftln'apl➢af N ,•••ane (at L O T 3 fitly L 0 T 1 x- LOT , 4,we r h srRasr o a Proposed 15' Utlllty and 12-6/10' Right of Way aasemeat o Part of Block W. of the ORIGINAL 7VWN OF GaORGMVWN an addition In Georgetown, WMamson Coamty, T _ 7REOMALD u• uw .r ta-a/ro• "M rW, as It • upon the ma recorded In Volume v ° l`39.d m. c�rolrB OF SAVRCE70W PPS Po P .G•argaee� er w1larne•n C•wy. rates Vase 211 al the ililllamson Couaty Deed Regio ,,jp,f*re+a ortlw C of Ge sto" Surveyed September 2. ISBB NAL spa I � A CARROLL SURVEYORS RONALD CARROLL SMWORSe ' 25 .JIM 3"At- r..^ r fa.x, a D t0 cui. L) ap��ngl,om �WJB/ MP Tz 70-e-99 SCALE 1 InM 10 Fwt Sneet 1 a1 ? " 999 -1- B - C 99J0+ ..•r _ B/iJ9ElOw I _,i owvoml Primp lom Tum 78W f ILB A RECORDED OFFICIAL PUBLIC RECORDS 10-27-1c9999 11:54 AM 199972921 MILLER 117.00 NAMCY E. RISTER ,COUNTY CLERK WILLIAMSOM COINTY, TEXAS torus mat trus resorunon unpiements me ronowmg poncies or Plan: 4. Effective Governance 4.1 Effective, Responsive Government LWU %.omprenensive B. We have created and enforced innovative, effective and fair regulatory codes and development standards to guide and improve development quality. • Resolution No. Page 1 of 2 Permanent Utility Easement Abandonment EXECUTED this the GRANTOR CITY OF GEORGETOWN IN George G. Garver, Mayor APPROVED AS TO FORM: City Attorney STATE OF TEXAS COUNTY OF WILLIAMSON day of October, 2009. ATTEST: Jessica E. Hamilton, City Secretary ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this date personally George G. Garver, Mayor of the City of Georgetown, a Texas home -rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said municipality, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _day of October, 2009. Notary Public, State of Texas AFTER RECORDING, RETURN TO: Quitclaim Deed Abandoning Permanent Utility Easement Page 2 of 2 PERMANENT UTILITY EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That KATT & REYNOLDS, a Texas general partnership, GRANTOR, of the County of Williamson, State of Texas, for and in consideration of the payment of TEN and NO/100 DOLLARS, and other good and valuable consideration, in hand paid to GRANTOR by the CITY OF GEORGETOWN, TEXAS, the receipt of which is hereby acknowledged, have GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the said CITY OF GEORGETOWN, a Texas Municipal Corporation, certain rights and interests in the nature of a perpetual easement on and through the following described property: BEING partof Lot 6, Block 38 of the ORIGI NAL TOWN OF GEORGETOWN, an addition in Georgetown, Williamson County, Texas, as it appears upon the map recorded in Volume 5, Page 211 of the Williamson County Deed Records, and embracing a portion of the tract described in the deed to Katt & Reynolds recorded as document number 9849360 in the Official Records of Williamson County, and being more particularly described by metes and bounds on Exhibit "A" attached hereto provided, however, that this conveyance shall grant the rights herein specified only as to that portion of the above described property more particularly described by course, width, and centedine on the attached Exhibit "A", known as the "Easement Area". To erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and remove the following: Underground electric distribution lines and transformer box; upon, over, and across said property as herein described and any ways, streets, roads, or alleys abutting same; and to cut, trim and control the growth of trees and other vegetation on and in the easement area or on adjoining property of GRANTOR, which might interfere with or threaten the operation and maintenance of any public utility equipment, accessories, or operations. It is understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of GRANTEE. GRANTOR expressly subordinates all rights of surface use incident to the mineral estate to the above described uses of said surface by GRANTEE, and agrees to lender's subordinations on behalf of GRANTEE upon request. It is expressly understood that the GRANTOR or future Owners of this property reserve the right to use this easement for all purposes which do not interfere with or prevent its use by the GRANTEE. TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OF GEORGETOWN, TEXAS, and its successors and assigns, forever, and GRANTOR does hereby bind itself, its successors and assigns, to warrant and forever defend, all and singular, these rights and interests unto the CITY OF GEORGETOWN, TEXAS, and its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. EXECUTED this - -day of . �7�rn.b GRANTOR:y h _,20607 —T�� KATT & REYNOLDS a T eneral partnneerrship�, {-- / Bl�/[, ecrn�l� By: GJ PATRICIA A. KATT, Partner TRAVIIS WAYNE REYNOLDS, Partner APPROVED AS TO FORM: City Attorney STATE OF TEXAS COUNTY OF WILLIAMSON Xpo9 This *strument was acknowledged before me on the day of b , by PATRICIA A. KATT, Partner of Katt & Reynolds, a Texas gei eral partnership, on behalf of said general partnership. e". CAREV 1. THOMASSON �'f - Notary PuGIQ Smto of Tens ` - Not Public, State of T E X A S ay'.sp My Commission Expires �„ December 27, 2011 STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF WILLIAMSON § X2009 This instrument was acknowledged before me on the /5M day of by TRAVIS WAYNE REYNOLDS, Partner of Katt & Reynolds, a 74xas general partnership, on behalf of said general partnership. FCAREy L. THOMASSON Not& Public, State of T E X A S s Notary Public, $ate of Teas My Commission Expires �^ December 27, 2011 u. v„ ,v, IU. 41 rAA 4U0 104 0044 XCI;UKU hNb,INU 1QJ 002 RCS RONALD CARROLL SURVEYORS 7� 5302 S. 3 In Street Temple (254) 773-1447 Temple,'Cx 76502 Wnco (254) 412-1447 Fax (254)773-1728 January 14, 2000 Paget oft Field notes for the City of Georgetown for: UTILITY EASEMENT (KATT & REYNOLDS TRACT) Part of Lot 6, Block 38 of the ORIGINAL TOWN OF GEORGETOWN, an addition in Georgetown, in Williamson County, Texas as it appears upon the map recorded in volume 5, page 211 of the Williamson County Deed Records, and embracing a portion of the tract described in the deed to Katt & Reynolds recorded in document number 9849360 of the Official Records of Williamson County. Commencing at a 'X' cut in the brick walk at the southwest corner of Lot 1, Block 38 and a tract described in the deed to Marvin Waley, et ux recorded in volume 2376, page 359 of the Williamson County Deed Records, for the intersection of the east line of Austin Avenue and the north line of 7'b Street, then run north no degrees -02 minutes west along said east line of Austin Avenue and Lot 1, Block 38 for the west line of said Waley tract and to and along the west face of the stone building, at 113-88/100 feet pass the northwest corner of said building, and continue in all, 119-23/100 feet to a 5/8 inch iron rod set for the northwest comer of said Lot 1 and Waley tract, being the southwest comer of Lot 8 and said Katt & Reynolds tract, then run north 89 degrees -49 minutes -15 seconds east (deed call is east) along the common line of said Lots I and 8, and said Waley and Katt tracts, at 30-10/100 feet pass a point for the northeast comer of said Waley tract, being the northwest comer of a tract described in the deed to Pensco Pension Services, Inc., Custodian FBO Roth IRA document number 199935720 of said Official Records, at 49-40/100 feet pass a point for the northeast comer of said Pensco tract, being the northwest comer of a tract described in the deed to Harry Gold, et ux recorded in volume 579, page 517 of said Official Records, and continue in all, 136.10/100 feet to a point, from said point a 3/8 inch iron rod found for the northeast corner of a tract described in the deed to Harry Gold recorded in volume 435, page 200 of said Deed Records, being the southeast comer of said Katt tract, also being the northwest comer of a tract described in the deed to the City of Georgetown recorded in volume 508, page 41 of said Oficial Records, for the southwest corner of a tract described in the deed to Thomas Murphey, et al recorded in volume 2501, page 402 of said Deed Records, being document number 94026549 of said Official Records bears north 89 degrees -49 minutes -15 seconds east 45.11/100 feet, and then run north no degrees -t l minutes west 8-85/100 feet to a point at the southwest corner of a concrete pad for electric transformer pad and the southwest and beginning comer of the tract being described. Thence north no degrees -11 minutes west along the west side of the concrete pad 5 feet to the northwest corner of said concrete pad. Thence north 89 degrees -49 minutes east along the north side of said concrete pad 7 feet to the northeast corner of said concrete pad. Thence south no degrees -11 minutes east along the east line of said concrete pad 5 feet to the southeast comer of said concrete pad. UI/j1/VU MUN 10:43 HAA 409 7a4 9644 McCORD F.NG.INC 1&003 January 14, 2000 Field notes for the City of Georgetown for: (continued) Page 2 of 2 Thence south 89 degrees -11 minutes west along the south side of said concrete pad 7 feet to the Place of beginning. See attached 11 inch by 17 inch sketch that accompanies these field notes. Basis of bearings taken from the west line of Block 39 Original Town of Georgetown as north. Surveyed January 11, 2000. .a W.'a MA ti<_e06 Walf4ononCa_�eorgelown_BIk76 CiryEve_Ran_997o4_011400 6 t h S T R E E T Rarzs. _ _ _ 9sp tm o� Bbc, JB. 1 0.0..Te- I Gw+9 _ — _ _ "j ,vy11w. _ — _ _ q '� ( ) _ 3ewm9N pe uer DQE of R W— a.oir M cw,w.,.. u�OCK J'c h IB[+ �W1fI JPxC �o01Rw� Recwoa of .ebm.ou Cantl. T. _ C _ 6 - - Z rwpoammmu oe nod anoan. Katt hReroias Ouummt 4: 9tH9360 (ORWC) 'a IR TmY".,.Y".,.epe . el a +M„o _ " L 0 i ! Eiectric Wity r g' Easement vewm; Z`Ct. Re act y 3e02E5eE caro[ T 8 I IMg.48�..^' Z ar 7rasTc^mr: 7.0' z W I D�ioncre s Pod y .� A—_I -SiOR' 3VIIDW -7:r e' y' -� se9'4Bw s p -........12-5/10' Right of Way ... Cib - -5' utlOtr Easement ey1 NB'PolST,t �( ' F C CCC � :.etge(aw M1 N I I I lCume,�Q. �C9e a. .`Rwc suunRc 2 -sloe+ Busawc - - Sroxe sutnmc = .s T ' - -i I aro.., . xomy i I I s y vwue. 9, lop 917 i0RMC1 mWme 435, Fog. zw ICawp vxmee I PMFe so N Swxw, ate, GtlINT NO RaM N/. ,-SIOA"MP,M I u=om.a ri wssss>m tancf I I _ 0 3 E LO'T L0 T — _ _ _ — sc`"'�e. 7 th STREET �c1 Ja k Wa4 sketch snowing a Proposed Utility Easement 1p fI'A aver Pert of Block W, of the ORIGINAL TOWN OF GEORGETOWN so addition im Ge towm. rUbm nsaa Coon Texas m8a ah ` port o ' P1 k 35 fo Ohe and o-s/ro� gyne d VR E70M part of eroot Je, at the rmev o� rlorW m it appears upon the map recorded in Yalume 5, i9 Wilb tv. T an oddi0on M Caor9doxn, ;n MiM,onisan Coanb. r.:m Page 211 of the P U munsom County Deed Recordss, ror the Cr of town Surveyed January 11, 2000. < OF RONALD CARROLL SURVEYORS RONALD C:AJiROLL RS t� o sof �? �� * J.101 SavM Jp< Serol - iwnpb. T. 76501 ARO y7 ••,�s:Do.,tl �wJ.B/ 2 Bimr✓rgham MP. -f7-7000 t e 'fie G�� — ` MJ? C. f Inch - 10 eF % Feet 999 -7- 8 - C & J9Q-d99304 Council Meeting Date: October 13, 2009 Item No. AGENDA ITEM COVER SHEET SUBJ j : Forwarded from the GUS Board: Consideration and possible action of an interlocal agreement between MUD and the City of Georgetown regarding regional water system improvements. - Glenn Dishong, Water Services Director, Jim Briggs, ACM for Utility Operations ITEM SUMMARY: The Agreement provides for the specific actions and terms initially discussed in the CTSUD/Georgetown Memorandum of Understanding executed on February 25, 2009. Specifically, the Agreement provides for: 1) Conversion of existing 4.36 MGD CTSUD off-peak capacity at the North Lake WTP to 4.09 MGD of firm capacity. 2) Joint expansion of the North Lake Water Treatment Plant from the current 17.5 MGD to 28.5 MGD with cost sharing as follows: a) Plant Capacity: GT - 50% CTSUD - 50% b) Clearwell: GT - 78.2% MUD - 21.8% c) Sludge Belt Press: GT - 78.2% CTSUD - 21.8% 3) Joint acquisition of the South Lake Water Treatment Plant site with cost sharing as follows: a) Site acquisition GT - 64% MUD - 36% b) Site regulatory GT - 64% MUD - 36% 3) GT acquisition of approximately 116 acres of service territory to provide water service to expanded areas of the Sun City development. 4) MUD acquisition of approximately 10.5 acres of service territory to provide water service to the 29 Oaks Subdivision. 5) GT option to acquire approximately 1049 acres of service territory to provide water service to the Avant tract in exchange for a credit of $1,265,787 toward the CTSUD share of North Lake WTP costs. 6) CTSUD payment to GT of $316,374.00 for Sludge Handling Improvements made prior to the expansion. 7) GT payment to CTSUD of $227,939.28 for engineering and regulatory costs related to South Lake WTP Intake and plant site expended to date. GUS BOARD RECOMMENDATION: This item was unanimously recommended by the GUS Board for Council approval at the September 23, 2009, GUS Board meeting. STAFF RECOMMENDATION: Staff recommends approval of the Interlocal Agreement Regarding Regional Water System Improvements. FINANCIAL IMPACT: Actual costs related to this agreement are handled as credits to the actual costs to be incurred as part of the North Lake WTP expansion contracts which are not yet executed. ATTACHMENTS: MUD/Georgetown MOU Interlocal Agreement Submitted By: Glenn Dishong Water Services 1127/2009 Memorandum of Understanding Between Chisholm Trail Special Utility District and City of Georgetown regarding Construction of Water Treatment Plant Facilities 1. Background and Purpose: a. Chisholm Trail Special Utility District (the "District") and the City of Georgetown (the "City") currently own undivided interests in that certain water treatment plant and related facilities located on the north side of Lake Georgetown (the "North Lake WTP') with a current treatment capacity of 17.5 million gallons per day (MGD). b. The District has water rights in Brazos River Authority (BRA) system water, the treatment of which will require 18 MGD of additional water treatment capacity, with the first addition needed by the summer of 2009. c. The City has water rights in Brazos River Authority (BRA) system water, the treatment of which will require 52 MGD of additional water treatment capacity, with 46 MGD of capacity to be located on or near Lake Georgetown, with the first addition needed by the summer of 2012. d. There is sufficient land available at the North Lake WTP site (17.49 acres) to allow for expansion of that facility to approximately 40.0 MGD, which is anticipated to be sufficient to meet the parties' projected demands in the near future, but not sufficient to meet the long term needs of the parties. e. The District has commenced initial engineering studies, environmental assessments, and site acquisition efforts regarding the design and construction of a new intake and water treatment plant facility to be located on the south side of Lake Georgetown (the "South Lake WTP'). f The parties propose to jointly participate in all future studies, site acquisition, and construction such that the North Lake WTP and the South Lake WTP will be expanded, owned, and operated as a single facility (collectively, the "Lake Georgetown Facilities', thereby allowing the parties to realize economies of scale and other efficiencies. g. The purpose of this Memorandum of Understanding ("MOU") is to set forth the current intentions of the Parties with respect to the expansion and operation of the North Lake WTP; regarding construction, expansion, and operation of the South Lake WTP; and regarding operation of the North Lake WTP and the South Lake WTP as one facility. 2. Definitive Agreement a. The parties agree that they will negotiate in good faith and prepare with prompt I f/r;MIQ diligence one or more written definitive agreements (the "Definitive Agreement") setting forth the contractual obligations of the Parties with respect to the matters addressed herein. Although the terms of this MOU do not constitute a binding contractual commitment by either party, it is the intention of the parties that the Definitive Agreement(s) will be generally consistent with the terms of this MOU. The term of the Definitive Agreement(s) shall be not less than 40 years, and shall allow for renewal upon the mutual agreement of both Parties. 3. Sharing of Data and Information The Parties will cooperate in good faith with respect to the sharing of data and exchange of information relating to the construction and operation of the North Lake WTP, South Lake WTP, and the Lake Georgetown Facilities. 4. Conversion of North Lake WTP Off-peak Capacity The off-peak capacity (4.36 MGD) owned by the District in the existing North Lake Water Treatment Plant shall be converted to 4.09 MGD of firm capacity. 5. South Lake Water Treatment Plant Site a. Site Acquisition- The District and City will jointly, through a fee simple purchase or by condemnation acquire a minimum 30 -acre site for the South Lake WTP located to meet the City's and District's collective long-term needs (50 MGD). The City and District shall agree upon the terms of the land purchase agreement/contract and the site selection prior to its joint acquisition by the parties. It is contemplated that the City and District will jointly secure a 30 -acre tract located on the Jim Avant property along Cedar Breaks Road, as specifically shown in Exhibit "A" to this document. b. Permits and Approvals- The District shall obtain all permits and approvals required to proceed with the construction and operation of the South Lake WTP, including without limitation the Environmental Information Document ("EID") and associated preliminary engineering currently in progress and being prepared by the Wallace -Group Engineering Company on behalf of the District, as well as all other permits and approvals needed to construct and operate the South Lake WTP, including but not limited to the U.S. Army Corps of Engineers approvals required for the construction of the a new raw water intake structure on the south shore of Lake Georgetown and on property owned by the U.S. Government. c. The site acquisition costs, including but not limited to realty, engineering, survey, legal, condemnation, and purchase price, shall be allocated between the City and the District based upon each party's agreed percentage share of the land acquisition cost associated with the South Lake WTP site. The City's share of site acquisition costs will be 57% and the District's share will be 43%. One week prior to the anticipated closing on the South Lake WTP property each party will 2 L12712009 prepare to wire transfer their respective share of the purchase price to the title company handing the closing. In the event of a land condemnation action, each party will post their respective share of the land purchase cost in the registry of the court of law having jurisdiction in the said condemnation hearing. d. The EID cost and associated preliminary engineering costs shall also be allocated between the City and the District based on each party's agreed percentage share of the cost for this activity. For purposes of the EID, the parties agreed that the City's share will be 57% and the District's share will be 43% for this activity. The District will be the lead party on preparing the EID and obtaining necessary U.S. Army Corps of Engineers permits for the South WTP raw water intake structure on Lake Georgetown. The District will invoice the City on a monthly basis for its share of the EID costs as incurred by the District. The EID and Corps of Engineers permits/licenses will be in the joint name of the District and the City. 6. CCN Amendment a. The District agrees to dual certification of its water CCN for the Avant Tracts service area (1049 acres more or less, identified on Exhibit V", attached) and to allow the City to be the exclusive retail water service provider to the entire Avant Tracts. The City shall be responsible for preparation, filing and prosecution of an application for dual certification. The District will prepare a resolution consenting to dual certification of the lands. The District further agrees to cooperate with the City on all regulatory approvals necessary to effectuate such CCN dual certification by September 30, 2009. In consideration, the City will credit the District's share of the costs related to the Expansion Project in the amount of $1,265,787. b. The District agrees to transfer to the City the water distribution piping constructed on the northeast side of Williams Drive, running from Penny Lane in the southeasterly direction as part of the Williams Drive widening project. Such water distribution piping shall be connected to the City's system by the City and all District customers within the City's water CCN shall be transferred upon completion of the Williams Drive Widening project by Williamson County. c. The District agrees to cooperate for the City to provide retail service to those existing District customers currently located within the City's CCN territory identified on Exhibit "C'; attached hereto upon request by the City, but by no later than December 31, 2010. The City shall pay all costs associated with disconnection of the customers from the District's water system, and connection to the City's water system. The City shall also provide notice to the customers of the proposed transfer. The transfer shall be accomplished so as to ensure that the District receives all revenues from the customers associated with service furnished by the District. 7. Expansion Project for the North Lake WTP. 3 1/27/2009 A. Scone of Expansion Proiect The parties currently contemplate that the North Lake WTP will be expanded to add 8.8 million gallons per day ("MGD") of treatment capacity (the `Expansion Project"). In addition to treatment capacity expansion, the Expansion Project will include the addition of a 3 million gallon ground storage tank, and the replacement of the drying beds with a belt press. The addition of the 3 million gallon ground storage tank and replacement of the drying beds with a belt press can proceed separately or together with the addition of treatment capacity. B. Design & Construction of Expansion Project a. The design and construction of the Expansion Project will be initiated and completed by the City upon execution of the Definitive Agreement. b. The design and construction contracts will be furnished by the City to the District for review, comment and approval prior to execution. c. The design of the Expansion Project is subject to the prior review and approval of both parties prior to commencement of construction. d. The City will use its best efforts to design and construct the Expansion Project such that the substantial completion of the Expansion Project, including the new 3 million gallon clearwell, and sludge handling improvements is achieved within 18 months from execution of the Definitive Agreement. The City intends to proceed with the new 3 million gallon clearwell prior to the execution of the Definitive Agreement. It is the goal of both parties to complete the Expansion Project by June 2010. C. Ownership of the Exnansion Proiect a. The treatment portion of the Expansion Project and the resultant firm capacity will be owned by both the City and the District upon completion of construction, with the share of the treatment portion of the Expansion Project being divided equally between the City (50%) and the District (50%). b. The ground storage tank and sludge dewatering portion of the Expansion Project will be owned by both the City and the District upon completion of construction, with the share of the ground storage tank and sludge dewatering portion of the Expansion Project being owned by the City (79%) and the District (21%). D. Water Transmission Services relating to the Expansion Proiect a. Upon completion of construction of the Expansion Project, the City will provide water transmission (i.e., wheeling) services to the District in a quantity equal to the District's existing (i.e., pre -expansion) firm capacity in the North Lake Georgetown Water Treatment Plant (4.09 MGD) plus its share of the capacity of the Expansion Project until such time as the District constructs the new water 4 1/27/2009 transmission main referenced in paragraph 5.D.c. b. The City and the District shall commence the necessary engineering evaluations to determine the most efficient method of delivering the District's existing firm capacity in the North Lake Georgetown Water Treatment Plant and its share of the Expansion Project capacity to the District's system through up to three delivery points. The District shall pay the cost of such evaluations. c. The District shall construct a new Williams Drive transmission line to allow the delivery of its existing firm capacity in the North Lake Georgetown Water Treatment Plant to the Woods Pump Station. The delivery point for such transmission line shall be determined as part of the engineering evaluations referenced in paragraph 7.D.b. The District will use its best efforts to have the new transmission line and delivery point in operation by June 2012. d. Upon completion of the necessary engineering evaluations, the District shall either construct the necessary infrastructure to allow the transmission of the District's share of the Expansion Project capacity to up to three delivery points, and/or shall cost participate with the City to oversize the City's infrastructure to allow the delivery of such capacity. The delivery of the District's capacity in the North Lake Georgetown Water Treatment Plant shall be limited to 4,375 gpm (2,900 gpm to the Woods Pump Station and 1,475 gpm to the Pastor Pump Station), until such time as the necessary improvements are constructed to allow the delivery of the District's capacity in the Expansion Project. e. The District will compensate the City for transmission services according to the same methodology as currently set forth in the "Joint Operating Agreement" ("JOA") to which the District and the City are parties. E Payment of Costs for the Expansion Project and Other Related Costs a. The City will pay 500/o of all costs related to the design and construction of the treatment and intake structure portion of the Expansion Project, and 79% of all costs related to the design and construction of the 3.0 MG Clearwell and sludge handling modifications of the Expansion Project. b. The District will pay 50% of all costs related to the design and construction of the treatment and intake structure portion of the Expansion Project, and 21% of all costs related to the design and construction of the 3.0 MG Clearwell and sludge handling modifications of the Expansion Project. c. The District shall reimburse the City for its portion (21%) of the sludge handling modifications completed to date, having a total cost of $1,451,261 (One million, four hundred fifty one thousand, two hundred sixty one dollars). The District shall pay its one -tune total cost share of $304,764 (Three hundred and four thousand, seven hundred and sixty-four dollars) upon execution of the Definitive Agreement for the design and construction of the Expansion Project. 5 112712009 d. The District shall reimburse the City for its portion of the NWTP Expansion Project (50% for treatment plant/intake structure and 21% for 3.0 MG Clearwell and sludge handling) when invoiced by the City. The City shall invoice the District no more often than every thirty days and shall provide the District with proof of payment for the NWTP Expansion Project completed to date. If the City begins the design and construction of the 3.0 MG Clearwell prior to execution of the Definitve Agreement, the City shall not invoice the District for it's share of the 3.0 MG Clearwell until after the Definitive Agreement is executed. The City's invoices shall also include a proportional credit based upon percentage completion for the total credit in Paragraph 6.a. e. District will pay to the City an acceleration fee of $350,000 (Three hundred and fifty thousand dollars) upon execution of a Definitive Agreement for the design and construction of the Expansion Project as reimbursement to the City for the City's increased debt service costs for its portion of North Lake WTP and the Expansion Project, as well as for the City's reduction in CIP scheduling flexibility. F. Future Expansion of the Lake Georgetown Facilities a. The City and the District shall provide for the future expansion of the Lake Georgetown Facilities (beyond the Expansion Project described herein) in the Definitive Agreement. b. The City and the District will develop a combined site master plan for the North Lake WTP and the South Lake WTP in the design contract or request for qualifications relating to the Expansion Project, or as a separate bid, proposal or request for qualifications. The costs for such master plan shall be divided such that the City pays 67% and the District pay 33%. c. Upon the agreement of both parties, the City or the District will commence the design and construction of each subsequent phase of the treatment plant and associated intake structure improvements such that the capacity is available when needed and both parties have the opportunity to participate in the expansion. If the parties are unable to agree upon an expansion, then either party may proceed with the expansion at its sole cost and expense. d. Capacity The capacity of the intake and related facilities for the Lake Georgetown Facilities shall be 82 MGD. Of this amount, 22 MGD shall be allocated to the District, and 60 MGD shall be allocated to City. The Definitive Agreement shall specify the projected capacity interest in the remaining treatment plant facilities. e. Costs i. The parties shall pay pro rata shares of all costs relating to the design, permitting and construction of each phase of a Lake Georgetown Facilities 3 112712009 expansion. The pro rata share of costs shall be determined in the definitive agreement for the specific expansion. ii. The Definitive Agreement shall specify the source and share of funding for all design and construction costs required therein. iii. The Definitive Agreement shall specify the manner and responsibility for payment of operational costs of the North Lake WTP and South Lake WTP. f. Ownership The parties shall each own an undivided interest in the North Lake WTP and the South Lake WTP according to their respective capacities in the facilities. g. Overation The Definitive Agreement shall include a protocol for operation of the Lake Georgetown Facilities. The City, the City and the District collectively, or the City's operations contractor shall be the operator of the Lake Georgetown Facilities. The parties shall each pay for their portion of operating costs based upon the percentage of treatment capacity owned in each of the facilities. The Parties hereby approve the terms of this Memorandum of Understanding. City of Georgetown, Texas Name: Title: Date: Chisholm Trail Special Utility District LO N Title: 7 R2 EXHIBIT "A" 30.00 ACRE TRACT OF LAND OUT OF THE JOSEPH FISH SURVEY, ABSTRACT NO. 232, WILLIAMSON COUNTY, TEXAS NORM WORUMEIT M. A GRASS DWX iTAW01 FODNO CALLED 1.07 ACRES PARCEL NO. 2 80 WOE EASEMENT FOR RICN7-Di-w4r SECRETARY OF THE ARMY TO W LUAMSON CO.. TEXAS DAM63-2-76-0631 L VOL 715, PC. 110 AA�F\ W.C.D.R. FILED: ANE 9. 1976 1 !,\ H 5074'42-E -CALLED 11.89 ACHES PARCEL 90. B BO' WOE PERPETUAL ROAD EASEMENT TO WILLIAMSON CO.. TEXAS VOL 715. PAGE 121. W.CDJUNE ME 9. 1978 CALLED 205112 ACRES TRACT I JUNES ROSS AVANT, ET UX. TO AM FORREST AVANT, ET ALI. VOLUME 2334, PAGE 548 O.R.W.C.T. EXECUTED: JULY 6, 1993 :AIITCLAW AND CLARIECAOCN DEED DOCUMENT /9630114 O.R.W.C-T. EXECUTED: MAY 13. 1998 - ROAD EASEMENT DAOW63-2-64-0671 CALLED 12.23 ACRES EASEMENT FOR RIOHT-OF-WAY SECRETARY OF THE ARMY TO WILLIAMSON CO., TEXAS 0ACW63-2-64-0671 a DATED: JULY 3, 1984 7 �'R E � V \ � P T}3 A p N VO 7z$ CALUO 12.23 ACRES EASEMENT FOR RIGHT-OF-WAY SECRETARY OF THE ARMY TO WILLIAMSON CO.. TEXAS OACW63-2-64-0671 DATED: JIILY 3, 1984 2279'37• E — 277,84' 2277'57" E — 528.3!' SCALE: I "-500' ROAD EASEMENT DACW83-2-84-0671 CALLED 249.00 ACRES TRACT NO. 105-1 O.B. WOOD. ET AL m UNITED STATES OF AMERICA BY DECLARATION OF TAKING VOLUME 550, PAGE 553. W.C.O.R. FEED: MAY 19, 1972 v� �\5 ��J03 2\2 G ps S � P 5 2277107' E - 683.46' . OFFICIAL PUBLIC RECORDS OF (1.3067800 SD. FT.) WILLIAMSON COUNTY, TEXAS. O.R.W.C,T. - OFFICIAL RECORDS OF 6• snz'3r WILLIAMSON COUNTY, TEXAS. W.C.O.R. fl- 1,37269' L• 1,226.65' \ CH• 1,146.43' C6. 5 46V3'34' E • 120.0' A• 511271* m R• 1,492.69' v L. 1,334.10' CH- 1,290.15' CO- N 44.03'34• W FF S 73439'50- E 81501' M 73Op3o O 196.70' — 45155* CH• 442.78' J ' W - „- oo CB• 445]']2' E LEGEND 0 - 1/2" IRON ROD FOUND (UNLESS OTHERWISE NOTED) 0 . 1/2' IRON ROD WITH PLASTIC CAP STAMPED "WALLACE GROUP' FOUND GP.R.W.C.T. . OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. O.R.W.C,T. - OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. W.C.O.R. - WILLIAMSON COUNTY DEED RECORDS ieiil"i BRA55 Omi x >3•p SGNPFO "105-h E" TgMO yap- W, S 8281.17 • E 1.647 - 281.1]' p3 42 N T 98.0 W .97� IN ],LONGE E f M ti N 73-39150*IN S fiT 31 DS W 733.01'.01' CALLED 10.21 ACRES\ - RIGHT -CF -WAY EASEMExI EXHIBIT •A• JOAN WOOD AVANT h JAMES ROSS AVANT ` 70 MUTAMSON CO., TEXAS VOLUME 901, PACE 552 W.CU.R. EXECUTED: JANUARY 3, 1983 593.11 AC. 138.6 AC. vcvi 5CLU VY i i M/40/7 289.95 AC. nESL IaN 2 88 �C GEORGETOWN �\ \ TEXAS '\ j:.—.)Georgetown Water CCN al 0 Amt Properties ^rl 0 650 7,300 J:\GIS-CADUtea\Avant\AvantPropenyPxhlblt.mzd Jan®ry IS, 2009 •T.,, n 4 asp 1TAUl NJ &V ATM t ,GrfJIV N Ilk r r _ EXHIBIT C LOCATION OF EXISTING DISTRICT WATER CUSTOMERS «' WITHIN GEORGETOWN'S CCN ". ON HIGHWAY 29 v t A� • h ,. v , i. y, • Al INTERLOCAL AGREEMENT REGARDING REGIONAL WATER SYSTEM IMPROVEMENTS THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: THIS INTERLOCAL AGREEMENT REGARDING REGIONAL WATER SYSTEM IMPROVEMENTS ("Agreement") is entered into between the City of Georgetown, Texas, a Texas home -rule city (the "City") and Chisholm Trail Special Utility District, a conservation and reclamation district of the State of Texas (the "District"). In this Agreement, the City and the District are sometimes individually referred to as "a Party" and collectively referred to as "the Parties". WHEREAS, the City and the District currently own undivided interests in that certain water treatment plant and related improvements located on the north side of Lake Georgetown with a current treatment capacity of approximately 17.5 million gallons per day ("MGD"); WHEREAS, the population growth within the City and the District necessitates the development of additional water supplies for each Party; and WHEREAS, the District has entered into one or more contracts with the Brazos River Authority (`BRA") that authorizes the diversion and use of additional water supplies from Lake Georgetown, the treatment of which will require additional water treatment capacity; WHEREAS, the City has entered into one or more contracts with BRA that authorizes the diversion and use of additional water supplies from Lake Georgetown, the treatment of which will require additional water treatment capacity; WHEREAS, there is sufficient land available at the existing water treatment plant located on the north side of Lake Georgetown to allow for expansion of the facility to approximately 44.0 MGD, which is anticipated to be sufficient to meet the Parties' projected demands in the near future, but not sufficient to meet the long term needs of either Party; WHEREAS, the District has commenced initial engineering studies, environmental assessments, and site acquisition efforts regarding the design and construction of a new intake and water treatment plant facility to be located on the south side of Lake Georgetown; WHEREAS, the Parties mutually acknowledge the economies of scale and significant cost benefits associated with the development of a regional water system and have agreed to jointly pursue and implement a regional water supply system (the "Project"), which will consist of multiple expansions of the existing water treatment facility located on the north side of Lake 1 Interlocal Agreement Regarding Regional Water System Improvements Georgetown and the construction of a new water intake structure, treatment facility and related improvements to be located south of Lake Georgetown; and WHEREAS the Parties desire to enter into this Agreement in order to provide for the design, acquisition, construction, ownership and operation of the Project. NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements of the Parties contained in this Agreement, the Parties agree as follows: I. DEFINITIONS When used in this Agreement, capitalized terms not otherwise defined shall have the meanings set forth below: 1.01 "Agreement" means this Interlocal Agreement Regarding Regional Water System Improvements. 1.02 "Avant CCN Territory" means that certain real property identified on Exhibit "A" attached hereto that is currently located within the District's certificated water service territory, and for which the City may obtain dual certification and be the exclusive retail water service provider in accordance with Article IV of this Agreement. 1.03 "Bid Documents" means the plans and specifications, together with all contract documents and bid instructions, relating to construction of each component of the Project. 1.04 "Brushy Creek Intake Engineering Costs" means the costs paid by the District to Brushy Creek MUD as compensation for engineering services being undertaken by Brushy Creek MUD relating to potential modifications to its raw water diversion and intake facilities that would allow the District and the City to utilize all or a portion of such facilities as part of the South WTP Facility on either an interim or permanent basis. 1.05 "Brushy Creek MUD" means Brushy Creek Municipal Utility District. 1.06 "CCN Transfer Credit" means the credit in the amount of $1,265,787 to be granted by the City to the District against the District's obligation to pay a pro rata share of the costs of the Initial North WTP Facility Expansion as consideration for the dual certification of the Avant CCN Territory by the District to the City. 1.07 "City" means the City of Georgetown, Texas. 1.08 "Clearwell Component" means a portion of the Initial North WTP Facility Expansion consisting of a 3 million gallon clearwell and related improvements to be constructed by Georgetown at the North Plant Site. Interlocal Agreement Regarding Regional Water System Improvements 1.09 "Contracts" means the contracts, permits, approvals, and licenses relating to or arising out of the acquisition, construction, and operation of the Project. 1.10 "Conveyance" means the execution and delivery of all documents transferring and assigning an undivided interest in the Project and associated Contracts and Real Property from the City to the District, and the performance of all acts necessary to complete such execution and delivery. 1.11 "Cost Allocation Percentage" means the percentage of Project Costs to be paid by each Party for each Project Component, which percentage shall be based on each Party's Reserved Capacity in each component of the Project. The Cost Allocation Percentages for each Project Component are set forth on Exhibit "B" attached hereto. The Cost Allocation Percentages shall be updated in connection with future Expansions. 1.12 "District" means Chisholm Trail Special Utility District. 1.13 "District Pump Station Project" means the pump station to be constructed by the District at the North WTP Facility in accordance with the terms and conditions of Section 13.05. 1.14 "Effective Date" means the last date of execution of this Agreement by the Parties; provided all of the Parties must execute this Agreement for it to be effective. 1.15 "Existing Points of Delivery" means the locations at which the City currently delivers a supply of Water to the District under the Prior Agreement, said Existing Point of Delivery being the Woods Pump Station and the Pastor Pump Station. 1.16 "Expansion" means each expansion of the North WTP Facility after the Initial North WTP Facility Expansion, and the construction of each phase of the South WTP Facility. 1.17 "Firm Capacity" means the 4.09 MGD of capacity in the existing North WTP Facility to be acquired by the District upon conversion of its existing off-peak capacity interest, as more particularly described in Section 3.01 of this Agreement. 1.18 "Highway 29 CCN Territory" means that certain real property identified on Exhibit "H" attached hereto that is currently located within the City's certificated water service territory, and for which the District shall obtain dual certification and be the exclusive retail water service provider in accordance with Article IV of this Agreement. 1.19 "Initial North WTP Facility Expansion" means, collectively, the following improvements to be constructed at the North WTP Facility: (i) the construction of 11 MGD of additional treatment capacity (to be equally divided between the Parties); (ii) the Clearwell Component; and (iii) the Sludge Belt Press Component. 1.20 "JOA" means that certain "Joint Operating Agreement" dated May 25, 2004 entered into by the District and the City, as amended from time to time, providing for (among 3 Interlocal Agreement Regarding Regional Water System Improvements other terms) the calculation of costs for production of delivery of Water under the Prior Agreement. 1.21 Deleted. 1.22 "Master Plan" means the engineering planning report to be prepared by the Parties relating to the construction and operation of future phases of the Project, as more particularly described in Article X of this Agreement. 1.23 "MGD" means million gallons per day. 1.24 "North Plant Site" means the 17.49 -acre tract of land leased by the City from the United States Army Corps of Engineers at which the North WTP Facility is located. 1.25 "North WTP Facility" means the intake structure, water treatment plant, and related facilities, equipment and appurtenances jointly owned by the District and the City at the North Plant Site, including future additions and expansions thereof. 1.26 "Party" or "Parties" means the City and the District, individually or collectively, as applicable. 1.27 "Pastor Delivery Limitation" shall refer to the maximum rate at which the City shall be obligated to deliver Water to the District at the Pastor Pump Station, which rate shall be 1,475 gallons per minute. 1.28 "Point of Delivery" means each point of delivery at which the City shall furnish a supply of Water to the District in accordance with Section 13.04 of this Agreement. 1.29 "Prior Agreement" means that certain "Water Service, Water Rights, and Facility Ownership Contract Between the City of Georgetown and Chisholm Trail Special Utility District" dated February 23, 1999. 1.30 "Prior Sludge Improvements" means the sludge thickening and pumping improvements previously completed by the City at the North WTP Facility. 1.31 "Project" means, collectively, the design and construction of the Initial North WTP Facility Expansion; the acquisition of the South WTP Facility Site; the design and construction of the South WTP Facility, and each Expansion to the North WTP Facility and the South WTP Facility. 1.32 "Project Committee" means the representative(s) selected by each Party for purposes of reviewing and approving certain technical, planning and cost elements associated with the construction and operation of the Project, as provided in Article V of this Agreement. 4 Interlocal Agreement Regarding Regional Water System Improvements 1.33 "Project Component" means each separate component of the Project, to be identified by the Project Committee. 1.34 "Project Contractor" means the contractor that enters into a contract with the District or the City for construction of a Project Component. 1.35 "Project Costs" means the engineering, construction, inspection and other costs relating to the Project that will be shared by the Parties under this Agreement. 1.36 "Raw Water Contracts" means the raw water supply contracts entered into by each of the Parties with the Brazos River Authority, as amended from time to time, authorizing each such Party to divert and utilize a supply of water from the Brazos River Basin and/or Lake Georgetown. 1.37 "Required Improvements" means each Expansion, improvement or modification of the Project or a Project Component as may be necessary for compliance with applicable regulatory requirements, as more particularly set forth in Section 11.03 of this Agreement. 1.38 "Reserved Capacity" means the total quantity of Water or raw water that a Party is entitled to deliver into and transport through any portion of the Project pursuant to this Agreement. The Reserved Capacity of each Party in the North WTP Facility and the Initial North WTP Facility Expansion is more fully identified on Exhibit "D" attached hereto. The Reserved Capacity of each Party in future Expansions shall be identified by the Parties in writing. 1.39 "Real Property" means the fee or easement interests for any portion of the Project that is not constructed within public rights of way. 1.40 "Sludge Belt Press Component" means a portion of the Initial North WTP Facility Expansion consisting of the replacement of the sludge drying beds at the North WTP Facility with a belt press for purposes of dewatering and disposing of sludge. 1.41 "South Plant Site" means the approximate 30-acre tract of land to be acquired by the parties on the south side of Lake Georgetown for construction of the South WTP Facility, said land being more particularly identified on Exhibit "E" attached hereto. 1.42 "South WTP Facility" means the raw water intake, pumping, treatment and transmission improvements, together with related facilities, equipment and appurtenances to be constructed by the Parties at the South Plant Site to meet future potable water demands. 1.43 "Sun City CCN Territory" means that certain real property identified on Exhibit "I" attached hereto that is currently located within the District's certificated water service territory, and for which the City shall obtain dual certification and be the exclusive retail water service provider in accordance with Article IV of this Agreement. Interlowl Agreement Regarding Regional Water System Improvements 1.44 "Water" means potable water meeting those requirements for human consumption and other domestic uses promulgated by the Texas Department of Health and/or the Texas Commission on Environmental Quality, the source of which shall be the raw water supply made available under the Raw Water Contracts prior to treatment in the Project. 1.45 "Williams Drive Transmission Line" means the water transmission line and related improvements to be constructed by, or on behalf of, the District for transmission of a supply of Water from the North WTP Facility along Williams Drive to the Woods Pump Station, as more particularly described in Section 13.05 of this Agreement. 1.46 "Woods Delivery Limitation" shall refer to the maximum rate at which the City shall be obligated to delivery Water to the District at the Woods Pump Station prior to completion of the Williams Drive Transmission Line, which rate shall be 2,900 gallons per minute. II. STATEMENT OF INTENT; CONDITION PRECEDENT 2.01 General. The purpose of this Agreement is to provide for the design, construction, ownership and operation of the Project by the Parties. Specifically, the Agreement sets forth the terms and conditions pursuant to which the Parties will undertake the Initial North WTP Facility Expansion; acquire the South Plant Site; and acquire all permits and approvals required for construction of the South WTP Facility. The Agreement also sets forth a planning process for purposes of future Expansions of the North WTP Facility and South WTP Facility. Finally, the Agreement provides for the conversion of the District's "off-peak" capacity in the North WTP Facility to firm capacity and further provides for the transfer of the CCN Territory from the District to the City. III. CONVERSION OF OFF-PEAK CAPACITY TO FIRM CAPACITY 3.01 Conversion of Capacity. (a) The Parties agree that as of the Effective Date, the District's undivided ownership interest in 4.36 MGD of off-peak capacity in the North WTP Facility is hereby converted to 4.09 MGD of Firm Capacity in the North WTP Facility for all purposes. The District's right to receive Water utilizing its capacity in the North WTP Facility shall be equal to the City's right to utilize the City's capacity in the North WTP Facility for all purposes. The District acknowledges and agrees that until such time as the District Pump Station Project and associated transmission line improvements are completed, the City's ability to deliver a supply of water to the District from the North WTP Facility will be limited in accordance with the Pastor Delivery Limitation, the Woods Delivery Limitation, and due to normal operational fluctuations; provided, however, the City will not operate its system in a way that decreases the relative availability of water for the District as compared to the City. Interlocal Agreement Regarding Regional (Yater System Improvements (b) The Parties agree to execute such documents or instruments as may be necessary to evidence the District's Firm Capacity in the North WTP Facility. (c) All provisions of the Prior Agreement and the JOA that limit the District's right to a supply of Water based upon an off-peak interest in the North WTP Facility are hereby null and void, and superseded, for all purposes. (d) The City agrees to update the rates paid by the District under the JOA for wheeling services and plant operation costs as necessary to reflect the District's Firm Capacity in the North WTP Facility. IV. SERVICE TERRITORY MATTERS 4.01 Avant CCN Territory. The Parties hereby agree that it is their mutual intent for the City to have the right and option to obtain dual certification with the District for the Avant CCN Territory, and for the City to be the exclusive retail water service provider to the Avant CCN Territory, but only if the City exercises its option to obtain dual certification of the Avant CCN Territory within 30 days after the closing of the conveyance of the South Plant Site to the Parties. 4.02 Sun City CCN Territory. The Parties hereby agree that it is their mutual intent for the City to obtain dual certification with the District for the Sun City CCN Territory, and for the City to be the exclusive retail water service provider to the Sun City CCN Territory. 4.03 Highway 29 CCN Territory. The Parties hereby agree that it is their mutual intent for the District to obtain dual certification with the City for the Highway 29 CCN Territory, and for the District to be the exclusive retail water service provider to the Highway 29 CCN Territory. 4.04 Preparation and Prosecution of City CCN Application. The City may, prepare and prosecute, at its option and at its sole cost and expense, an application (the "City CCN Application") for dual certification of the Avant CCN Territory and the Sun City CCN Territory (collectively, the "City CCN Territory"). The City shall provide a copy of the application to the District for review and comment not less than 30 days prior to filing the application at the Texas Commission on Environmental Quality ("TCEQ"). The City shall also provide to the District a copy of the final form of the City CCN Application that is filed with TCEQ within 10 days of filing the application. It is specifically agreed by the Parties that the District has no obligation to participate as a party in any contested case hearing, or incur any costs or expenses whatsoever, related to the City CCN Application, and such matters shall be the sole responsibility of the City. Upon approval of the City CCN Application by TCEQ, the City shall be the exclusive retail water service provider to the City CCN Territory. 4.05 Preparation and Prosecution of District CCN Application. The District may prepare and prosecute, at its option and sole cost and expense, an application for dual 7 Interlocal Agreement Regarding Regional Water System Improvements certification of the Highway 29 CCN Territory (the "District CCN Application'j. The District shall provide a copy of the application to the City for review and comment not less than 30 days prior to filing the application at the Texas Commission on Environmental Quality ("TCEQ"). The District shall also provide to the City a copy of the final form of the District CCN Application that is filed with TCEQ within 10 days of filing the application. It is specifically agreed by the Parties that the City has no obligation to participate as a party in any contested case hearing, or incur any costs or expenses whatsoever, related to the District CCN Application, and such matters shall be the sole responsibility of the District. Upon approval of the District CCN Application by TCEQ, the District shall be the exclusive retail water service provider to the Highway 29 CCN Territory. 4.06 USDA -RD Consent. The District hereby agrees to seek any consent of USDA - RD that may be required for dual certification of the CCN Territory. 4.07 Reciprocal Consent to CCN Applications. (a) Provided the City CCN Application is in accordance with the terms of this Agreement and seeks dual certification of the City CCN Territory only, and does not seek certification (single or dual) or decertification for any other lands, then the District agrees to submit a resolution or letter to TCEQ consenting to the dual certification of the City CCN Territory. The District shall submit such letter or resolution within 10 days of receipt of a written request by the City. (b) Provided the District CCN Application is in accordance with the terms of this Agreement and seeks dual certification of the Highway 29 CCN Territory only, and does not seek certification (single or dual) or decertification for any other lands, then the City agrees to submit a resolution or letter to TCEQ consenting to the dual certification of the Highway 29 CCN Territory. The City shall submit such letter or resolution within 10 days of receipt of a written request by the District. (c) This Agreement shall not preclude or prohibit the rights of either the District or the City to file any application for certification or decertification in addition to the City CCN Territory or the Highway 29 CCN Territory, nor shall this Agreement be construed to limit the rights of either Party to file a protest or seek a contested case hearing with respect to any such application. 4.08 CCN Transfer Credit. (a) Within 60 days after the closing of the conveyance of the South Plant Site to the Parties, the City will provide written notice to the District regarding whether the City will exercise its option under Section 4.01 to obtain dual certification of the Avant CCN Territory. If the City does not provide such written notice, the City will be deemed to have not exercised its option. Effective upon the City's providing notice that the City will exercise the option to obtain dual certification of the Avant CCN Territory, and as consideration for the District's consent to the transfer of the Avant CCN Service Territory, the City agrees to credit the District's obligation 8 Interlocal Agreement Regarding Regional Water System Improvements to pay a pro rata share of the Initial North WTP Facility Expansion costs in an amount equal to the CCN Transfer Credit. The City shall provide to the District a written accounting in reasonable detail identifying the Initial North WTP Facility Expansion costs, and the amount thereof credited, prior to seeking payment of any costs by the District (but only if the City has exercised its option to obtain dual certification of the Avant CCN Territory prior to the date it seeks such payment). In the event that the CCN Transfer Credit is not exhausted by applying the credit to the District's obligation to pay a pro rata share of the Initial North WTP Facility Expansion costs, or the CCN Transfer Credit becomes effective after the Initial North WTP Facility Expansion is completed, the City agrees to make a cash payment to the District in the amount of any unused portion of the CCN Transfer Credit within sixty (60) days of either such circumstance. In the event that the City does not exercise its option under Section 4.01 to obtain dual certification of the Avant CCN Territory, then no such credit shall be available to the District, and the District shall be responsible for payment of the Initial North WTP Facility Expansion Costs in accordance with the terms and conditions of this Agreement. (b) As consideration for the District's consent to the transfer of the Sun City CCN Service Territory, the Parties mutually acknowledge that the City has agreed to accelerate its timing for construction of the Initial North WTP Expansion. No other consideration will be made by the City to the District for transfer of service rights associated with the Sun City CCN Service Territory. V. PROJECT COMMITEE 5.01 Composition of Project Committee. There is hereby created a Project Committee to be composed of one representative (and one alternate representative) appointed by each Party. The following persons are hereby designated as the initial members of the Project Committee: General Manager and Bob Wallace (alternate representative) on behalf of the District, and Water Services Director and Systems Engineering Director (alternate representative) on behalf of the City. Each representative (and alternate representative) of a Party shall serve at the will of the governing body that the person represents. Upon the death, resignation, or revocation of the power of such representative (or alternate representative), the governing body of the appropriate Party shall promptly appoint a new representative (or alternate representative) to the Project Committee, and shall immediately notify the other Party of such appointment. 5.02 Responsibility of Project Committee. The Project Committee shall represent the individual and collective interests of the Parties with respect to the following matters: (i) The review and approval of the Bid Documents; (ii) The review of the bid tabulation and qualification of prospective contractors for the Project; z Interlocal Agreement Regarding Regional Water System Improvements (iii) The periodic review of the status of construction of each Project Component; (iv) The review and approval of change orders relating to the construction of each Project Component; (v) The review and approval of invoices for payment related to each Project Component; (vi) The confirmation of final completion of construction of each Project Component; (vii) Development of the Master Plan; (viii) Identification of future Project Components and the Reserved Capacity of the Parties therein; and (ix) Any other pertinent matters relating to the construction or operation of the Project. The Project Committee shall meet at regular intervals to review the matters over which it has authority. The Project Committee shall be diligent, prompt and timely in reviewing and acting on matters submitted to it. VI. DESIGN OF INITIAL NORTH WTP FACILITY EXPANSION 6.01 Preparation of Design. Within sixty days of the Effective Date, the City will enter into an engineering services agreement for the design of the Initial North WTP Facility Expansion to the extent that the design has not yet commenced as of the Effective Date. 6.02 Cost of Design. The City will advance and pay the cost of the design services relating to the Initial North WTP Facility Expansion, subject to its right to reimbursement from the District for a portion of such costs based on the cost allocation percentages set forth on the attached Exhibit "B", which are based on the Parties' Reserved Capacity in each Project Component constituting the Initial North WTP Facility Expansion (the "Cost Allocation Percentages"). 6.03 Reimbursement of Costs. Upon the City's approval of each invoice for the design services related to the Initial North WTP Facility Expansion, the City will transmit a copy of the invoice to the District. The District agrees to pay its prorata portion of each invoice, which will be determined by multiplying its respective Cost Allocation Percentage by the total amount of the approved invoice to the City within 30 days after delivery of the invoice (the "Due Date"). In the event there is a CCN Transfer Credit, the District may apply the credit against its obligation to pay a pro rata share of design costs until the credit is exhausted. Each invoice IN Interlocal Agreement Regarding Regional Water System Improvements submitted by the City for reimbursement will clearly describe the work done in connection with the Initial North WTP Facility Expansion, and will not seek reimbursement or payment for any work other than the Initial North WTP Facility Expansion. 6.04 Work Product. Upon receipt of a request from the District, the City agrees to promptly make available to the District copies of any work product produced by the design engineer in connection with the Initial North WTP Facility Expansion. VII. CONSTRUCTION OF INITIAL NORTH WTP FACILITY EXPANSION 7.01 General. (a) All physical facilities to be constructed or acquired as part of the Initial North WTP Facility Expansion shall be constructed by the City. (b) The Parties agree that it is their mutual intent that the construction of the Initial North WTP Facility Expansion proceed and be completed as expeditiously as possible. Accordingly, the City agrees to pursue "Construction Manager At Risk" and other alternative project construction methodologies for purposes of expediting completion of the Initial North WTP Facility Expansion. (c) The Parties acknowledge that the Prior Sludge Improvements have been completed by the City as of the Effective Date. The Sludge Belt Press Component modifications will be completed as an element of the Initial North WTP Facility Expansion. (d) The District agrees that the City may proceed with construction of the Clearwell Component of the Initial North WTP Facility Expansion on an accelerated basis in order to increase the capacity of the North WTP Facility available to the Parties on an interim basis until the remaining components of the Initial North WTP Facility Expansion are completed. 7.02 Approval of Bid Documents. (a) The City agrees to provide a copy of all Bid Documents relating to each Project Component of the Initial North WTP Facility Expansion to the Project Committee for review, comment, and approval prior to execution and/or solicitation of bids. The Project Committee shall have not less than 20 days to review the Bid Documents for each Project Component. (b) Without limitation, the Bid Documents relating to the Initial North WTP Facility Expansion must include the following requirements relating to the construction of the Initial North WTP Facility Expansion: (i) Each contractor bidding on the Project must segregate all bid costs related to each Project Component of the Initial North WTP Facility Expansion for 11 Interlocal Agreement Regarding Regional Water System Improvements which the Cost Allocation Percentages vary, so that the City's and the District's respective shares of the costs for each Project Component maybe calculated; (ii) The District shall be named as an additional insured on the contractors' insurance policies; (iii) The District shall be named as an additional beneficiary under the contractor's performance and payment bonds. In the event that a surety will not agree to this condition, then the Parties acknowledge that the City may secure performance and payment bonds under which the City is the only designated beneficiary; and (iv) The District shall be named as third party beneficiaries under the contract for construction of the Initial North WTP Facility Expansion. (c) In the event the Project Committee does not agree upon the Bid Documents for the Initial North WTP Facility Expansion, the City agrees that it will not proceed with the project until the Parties resolve the matter through the dispute resolution process set forth in this Agreement. 7.03 Bid Award. (a) Except as otherwise specified in this Agreement or agreed upon by the Project Committee, all construction contracts for the Project will be competitively bid and awarded by the City in the manner provided by State laws and in accordance with this Section. (b) The bid tabulation and related information for the construction of the Project will be submitted to the Project Committee for review and consideration. In considering whether or not to accept any bid, the City shall consider the advice and recommendations of the Project Committee, but the decision as to the acceptance of any bid shall be within the sole discretion of the City. 7.04 Construction of Initial North WTP Facility Expansion. (a) General. The City shall be responsible for constructing, or causing to be constructed, the Initial North WTP Facility Expansion, and acquiring all related easements, regulatory approvals, leasehold interests, equipment, materials and supplies. In connection with the construction of the Initial North WTP Facility Expansion, the City agrees to use good faith and reasonable efforts to ensure that the Project Contractor completes construction of the Initial North WTP Facility Expansion in accordance with the plans and specifications and other requirements set forth in the Bid Documents. (b) Inspection. (i) The City shall retain a full-time construction inspector to inspect construction of the Initial North WTP Facility Expansion. The City will notify the 12 Interlocal Agreement Regarding Regional Water System Improvements Project Committee of any construction defects coming to its attention as soon as practicable and in no event later than five calendar days (excluding City holidays) after obtaining knowledge of the defect. (ii) The District shall have a reasonable right to access and inspect the Initial North WTP Facility Expansion as construction progresses, and the City shall not interfere with such access or inspection by the District or its designated representative(s). In the event that the District discovers any construction defect during an inspection of the Initial North WTP Facility Expansion, the District shall promptly report any such defect to the City and the Project Committee. (c) Change Orders. During construction, any change orders related to the Initial North WTP Facility Expansion or impacting the Project Costs will be subject to review and approval by the Project Committee. The Project Committee will review any change orders and either approve the change order or provide written comments specifically identifying the changes required within 10 working days of submittal. If the Project Committee fails to either approve the submittal or provide written comments specifically identifying the required changes within 10 working days, the change order in question will be deemed approved. Additionally, if a change order involves a decrease or an increase of $25,000.00 or more, the change order must be reviewed and approved by the City Council of the City. The original contract price may not be increased by more than 25 percent, as provided by Section 271.060 (b), Texas Local Government Code. (d) Insurance. The City shall require that all workers involved with the construction of the Initial North WTP Facility Expansion are covered by workers' compensation insurance as required by the laws of the State of Texas. The City shall also require that the contractors procure and maintain comprehensive general liability insurance insuring against the risk of bodily injury, property damage, and personal injury liability occurring from, or arising out of, construction of the Initial North WTP Facility Expansion, with such insurance in the amount of a combined single limit of liability of at least $1,000,000 and a general aggregate limit of at least $5,000,000. Such insurance coverage shall be maintained in force at least until the completion, inspection and acceptance of the Initial North WTP Facility Expansion by the City. The District shall be named as an additional insured on all such insurance coverages. 7.05 Payment of Costs for Prior Sludge Improvements. Within 30 days of the Effective Date, the District agrees to provide payment to the City in the amount of three hundred sixteen thousand three hundred seventy four dollars ($316,374.00), which represents the District's pro rata share of costs for the Prior Sludge Improvements based on the District's Cost Allocation Percentage for such Project Component. The City agrees that it is entitled to no additional compensation from the District for the Prior Sludge Improvements. At the District's election, the CCN Transfer Credit (if any) may be applied against the District's obligation to make this payment, in which event the remaining CCN Transfer Credit shall be applied against the District's obligation to pay other Project Costs accordingly.. 13 Interlocal Agreement Regarding Regional Water System Improvements 7.06 Payment of Costs For Remaining Components of Initial North WTP Facility Expansion. (a) All construction contracts and other agreements relating to the construction of the Initial North WTP Facility Expansion, including the Sludge Belt Press Component, will contain provisions to the effect that the Project Contractor will look solely to the City for payment of all sums coming due thereunder. (b) The District and the City shall each pay for a portion of the costs relating to the construction of the Initial North WTP Facility Expansion in accordance with the following terms and methodology: (i) All payments to be made to the Project Contractor for construction of the Initial North WTP Facility Expansion shall be shared by the Parties according to the Cost Allocation Percentages set forth in Exhibit "B" attached hereto; and (ii) All costs to be paid to the Project Contractor for any change orders relating to the Initial North WTP Facility Expansion that are approved by the Project Committee in accordance with this Agreement shall be shared by the Parties according to the Cost Allocation Percentages set forth in Exhibit `B" attached hereto. (c) The City shall ensure that each invoice for payment from the Project Contractor and other Project consultants shall segregate costs and services related to each component of the Initial North WTP Facility Expansion for proper allocation of costs between the Parties according to the Cost Allocation Percentages. (d) Upon the City's approval of each invoice for payment, the City will transmit a copy of the invoice to the Project Committee. All Project Contractor pay requests related to the Initial North WTP Facility Expansion shall include the engineer's approval and shall specify the percentage of construction completed for the Project Component(s) for which payment is requested. The members of the Project Committee shall have ten (10) calendar days to furnish comments or objections regarding the proposed invoice(s) for payment. Failure to timely dispute or object to the invoice shall be deemed approval by the Project Committee. Thereafter, the City will promptly pay each invoice as they become due. (e) In the event that any member of the Project Committee disputes an invoice for payment, then the Parties agree that the payment and dispute shall be addressed as follows: (i) If the dispute relates to the performance of work or services by a Project Contractor or consultant, or a contractor's or consultant's entitlement to payment for work or services, then the City shall exercise all rights to which it is entitled under the construction or consulting contract to resolve the dispute, require correction of the defective work, and otherwise address the concern. The Parties acknowledge and agree that the City may pay an invoice notwithstanding such dispute, but the disputing Party shall have the right to seek a determination regarding the matter Interlocal Agreement Regarding Regional Water System Improvements through the dispute resolution process set forth in this Agreement, and the Parties shall be bound by and act in accordance with such determination. (ii) In the event that any Party disputes an invoice for reasons not related to the performance of work or services or a contractor's or consultant's entitlement to payment, including by way of example whether services or costs included on the invoice are proper Project Costs, then the Project Committee shall endeavor in good faith to resolve the matter by unanimous agreement. If the Project Committee cannot unanimously agree to the proper resolution within 10 calendar days, then the invoice shall be paid as received; provided, however, that any Party may subsequently seek a determination of the proper allocation of such costs through the dispute resolution process set forth in this Agreement, and the allocation of costs between the Parties shall be adjusted in accordance with such determination. (f) Upon the City's payment of each invoice for construction of the Initial North WTP Facility Expansion, the City will transmit a copy of the invoice to the District. The District agrees to pay its pro -rata portion of each invoice, which will be determined by multiplying its respective Cost Allocation Percentage by the total amount of the approved invoice to the City within 30 days after delivery of the invoice (the "Due Date"). In the event there is a CCN Transfer Credit, the District may apply the credit against the District's obligation to pay for costs until the credit is exhausted. Each invoice submitted by City for reimbursement will clearly describe the work done in connection with the Initial North WTP Facility Expansion, and will not seek reimbursement or payment for any work other than the Initial North WTP Facility Expansion. 7.07 Acceptance. (a) Upon final completion of construction of the Initial North WTP Facility Expansion, the City shall obtain the approval of the Project Committee prior to acceptance and final payment of retainage to the Project Contractor. For the purposes of this Section 7.07, "final completion" means the date determined and certified by the Project engineers certifying that the construction of the Initial North WTP Facility Expansion has been fully completed in accordance with the approved plans, specifications and change orders, and that the facilities have been tested and approved for use in accordance with the approved contract documents. (b) Within 30 days after final completion of construction and prior to final payment to the engineers for the Initial North WTP Facility Expansion, the City will cause the Project engineers to provide to each Party a concurrence letter from the Project engineers certifying that the construction of the Initial North WTP Facility Expansion has been fully completed in accordance with the approved plans, specifications and change orders, that the facilities have been tested and approved for use in accordance with the approved contract documents. (c) Within 60 days after substantial completion of construction of the Initial North WTP Facility Expansion, the City will cause the Project engineers to provide to each Party a copy of the final "record" drawings of the completed facilities in an electronic format requested 15 Interlocal Agreement Regarding Regional Water System Improvements by such Party. For the purposes of this Section 7.07, "substantial completion" means the date determined and certified by the Project engineers certifying that the construction of the Initial North WTP Facility Expansion is sufficiently complete, in accordance with the approved contract documents, so as to be operational and fit for the use intended. 7.08 Warranties. The City agrees to cause the Project Contractor to repair all defects in materials, equipment or workmanship appearing within one year from the date of acceptance of the Initial North WTP Facility Expansion. Upon receipt of written notice from any of the Parties of the discovery of any defects during this period, the City shall promptly cause the Project Contractor to remedy the defects and repair or replace any property damaged as a result thereof. 7.09 Dispute or Litigation. In the event of any dispute between the Project Contractor and the City relating to any Project Component of the Initial North WTP Facility Expansion, or in the event of any claim by or against any third person arising out of or relating to construction of the Initial North WTP Facility Expansion, the Parties agree as follows: (i) The City will provide written notice of the details of such dispute or litigation to the District as soon as reasonably practicable, and shall continue to provide timely status reports to the District as such dispute or litigation progresses. The Parties agree that the foregoing shall not be construed to require the City to notify the District of claims or notices from subcontractors or others that would not impact the Project Costs for which the District is responsible; (ii) The City will not initiate litigation against the Project Contractor for any matter that pertains to the Initial North WTP Facility Expansion or that may impact the Project Costs for which the District is responsible without first seeking the written consent of the District. If the District withholds its consent and does not participate in the litigation or dispute, then the City shall be entitled to any award or settlement that results from such litigation or dispute; (iii) The District may seek to join any litigation or dispute resolution process related to the Initial North WTP Facility Expansion. hi the event the District joins the proceeding, the District shall pay its costs and expenses, and the City shall pay its costs and expenses. In the event the District does not join the proceeding, then the City shall pay for its costs and expenses, but the District shall reimburse a pro rata share of such costs and expenses in the same way that other Project Costs are reimbursed by the District. The District's pro rata share of such costs shall be an amount equal to the product obtained by multiplying the District's applicable Cost Allocation Percentage by the amount of the litigation costs or expenses incurred by the City, unless the proceeding arises directly out of the gross negligence or willful misconduct of either Party, in which event that Party shall be responsible for paying all costs and expenses arising in connection with the litigation, subject to any governmental immunity defenses available to that Party; 16 Interlocal Agreement Regarding Regional Water System Improvements (iv) The City and the District (if it intervenes) shall use their respective reasonable efforts to resolve the dispute or litigation in a manner that mutually benefits the Parties equally and is mutually beneficial to the common interests of the Parties; (v) The City will not agree to any resolution of the dispute that would increase the Project Costs for which the District is responsible without the written consent of the District; and (vi) Any monetary awards, judgments, or settlements received by the City in litigation that relates to the Project shall be applied against the Project Costs. Each Party shall receive credit in an amount equal to the product obtained by multiplying the Party's applicable Cost Allocation Percentage by the amount of the award, judgment or settlement. VIII. CONVEYANCE OF INITIAL NORTH WTP FACIIdTY EXPANSION IMPROVEMENTS 8.01 Conveyance of Ownership Interest in Remaining Initial North WTP Facility Expansion. Within thirty (30) days after receipt of the engineer's concurrence letter after completion of construction of each Project Component of the Initial North WTP Facility Expansion, the Parties will conduct a Conveyance, at which the City will convey an undivided ownership interest in the Project Component to the District equal to the District's Reserved Capacity in the Project Component. 8.02 Manner of Transfer. (a) Transfer by the City to the District of all Real Property that constitutes the Initial North WTP Facility Expansion, if any, will be in the form of a deed with special warranty (with respect to fee property) and an assignment of easement rights (with respect to easements) and shall be in a form reasonably agreed upon by the Parties to such transfer. (b) Transfer by the City to the District all personal property and Contracts that constitute the Initial North WTP Facility Expansion will be by Bill of Sale and Assignment in the form attached hereto as Exhibit "F". 8.03 Costs and Expenses. Each Party will be responsible for all costs and expenses that it incurs in connection with the Conveyance. 8.04 Risks Pending Conveyance. The City agrees that, until Conveyance, it will maintain, or cause to be maintained, insurance in such amounts as are reasonable and prudent on the Initial North WTP Facility Expansion improvements. If, between the Effective Date and Conveyance, any part, whether substantial or minor, of the Initial North WTP Facility Expansion are destroyed or rendered useless by fire, flood, wind, or otht 17 Interlocal Agreement Regarding Regional Water System Improvements repairs and replacements to restore the Initial North WTP Facility Expansion improvements to their prior condition. IX. SOUTH WTP FACILITY 9.01 Site Acquisition. (a) The Parties agree to acquire the South Plant Site for purposes of the constructing, owning and operating the South WTP Facility. Any change to the South Plant Site identified in Exhibit E must be mutually agreed upon in writing by the Parties. (b) The District agrees to negotiate the purchase of the South Plant Site from the current landowner. The Parties hereby agree to the form of the purchase contract set forth in Exhibit G attached hereto. Any change to the form of the purchase contract, including any change to the purchase price, must be approved by the Project Committee. (c) In the event the District is unable to acquire the South Plant Site by negotiation, it agrees to initiate condemnation proceedings for acquisition of the lands. The City agrees to fully cooperate in connection with such proceedings, including joining the proceedings as a joint condemnor as may be determined necessary or appropriate for acquisition of the site. (d) Upon acquisition of the South Plant Site, the Parties shall each own an undivided interest therein according to their respective Cost Allocation Percentages for the site. The Parties agree to cooperate and execute any instruments as may be required to evidence such undivided ownership interests. 9.02 Payment of Site Acquisition Costs. (a) The purchase price (whether negotiated by contract or awarded by condemnation) for the South Plant Site shall be paid by the Parties according to the Cost Allocation Percentages set forth on Exhibit B. In the event that consideration other than payment is made by either Party to the landowner, the Parties shall allocate the value thereof between the Parties prior to consummation of the site acquisition for purposes of adjusting the pro rata share of costs to be paid by the Parties. (b) In the event the South Plant Site is acquired by purchase agreement, then each of the Parties shall wire transfer their respective shares of the purchase price to a title company as may be required for closing the transaction in accordance with the purchase agreement. (c) In the event the South Plant Site is acquired by condemnation, then each Party shall transfer their respective shares of the condemnation award into the court's registry as necessary to secure the property. The condemnation award may be appealed only by mutual agreement of the Parties. M Interlocal Agreement Regarding Regional Water System Improvements (d) The costs of condemnation, including appraisals, surveying, legal fees and court costs shall be shared by the Parties according to the Cost Allocation Percentages for the South Plant Site set forth on Exhibit B. The District shall advance and pay such costs, subject to its right to reimbursement from the City for a portion of such costs according to the City's Cost Allocation Percentage. Notwithstanding the foregoing, in the event that both the District and the City jointly participate in the condemnation proceeding, each Party shall pay its legal fees without reimbursement by the other Party. Upon the District's approval of each invoice for any condemnation -related costs, the District will transmit a copy of the invoice to the City. The City agrees to pay its prorata portion of each invoice within 30 days after delivery of the invoice. Each invoice submitted by the District for reimbursement will clearly describe the work done in connection with the acquisition of the South Plant Site. (e) In the event the owner of the South Plant Site appeals the condemnation award or otherwise files suit against the District and/or the City, the costs associated with the defense of such suit shall be shared by the Parties according to the Cost Allocation Percentages for the South Plant Site. Notwithstanding the foregoing, in the event that both the District and the City jointly participate in such lawsuit, each Party shall pay its legal fees without reimbursement by the other Party. 9.03 Permits and Approvals for South WTP Facility. (a) Upon execution of this Agreement by the Parties, the District shall diligently proceed with securing all permits and regulatory approvals required for construction and operation of the South WTP Facility. Without limitation, the District shall prepare the "Environmental Information Document" required to secure all necessary approvals from the U.S. Army Corps of Engineers, and will perform all preliminary engineering work required to secure such permits and approvals. (b) The Project Committee shall agree upon the scope of engineering services and regulatory approvals applicable to the South WTP Facility. 9.04 Payment for Preliminary Engineering Costs and Brushy Creek Intake Engineering Costs. (a) The engineering costs incurred by the District in connection with securing all regulatory approvals, together with the Brushy Creek Intake Engineering Costs, shall be paid by the Parties according to the Cost Allocation Percentages set forth on Exhibit B. (b) Within thirty (30) days of the Effective Date, the City agrees to provide payment to the District in the amount of Two Hundred Twenty Seven Thousand, Nine Hundred Thirty Nine and 28/100 Dollars ($227,939.28) for its pro rata share of engineering costs and Brushy Creek Intake Engineering Costs previously incurred by the District as of August 20, 2009 relating to the South WTP Facility and acquisition of the South Plant Site. 19 Interlocal Agreement Regarding Regional Water System Improvements (c) The District shall ensure that each future invoice for payment from its engineering consultants relating to the South WTP Facility shall provide a description in reasonable detail of all engineering services performed relating to the project. Similarly, the District shall request that Brushy Creek MUD provide reasonable detail for each invoice of the Brushy Creek Intake Engineering Costs for which it seeks payment from the District, and for which the District shall seek payment from the City. Upon the District's approval of each invoice for payment, the District will transmit a copy of the invoice to the Project Committee. The members of the Project Committee shall have 10 calendar days to furnish comments or objections regarding the proposed invoice(s) for payment. Failure to timely dispute or object to the invoice shall be deemed approval by the Project Committee. Thereafter, the District will promptly pay each invoice as they become due. (d) In the event that any member of the Project Committee disputes an invoice for payment, then the Parties agree that the payment and dispute shall be addressed as follows: (i) If the dispute relates to the performance of work or services by the consultant, or the consultant's entitlement to payment for services, then the District shall exercise all rights to which it is entitled under the consulting contract to resolve the dispute, and otherwise address the concern. The Parties acknowledge and agree that the District may pay an invoice notwithstanding such dispute, but the disputing Party shall have the right to seek a determination regarding the matter through the dispute resolution process set forth in this Agreement, and the Parties shall be bound by and act in accordance with such determination. (ii) In the event that any Party disputes an invoice for reasons not related to the performance of services or consultant's entitlement to payment, including by way of example whether services are proper costs, then the Project Committee shall endeavor in good faith to resolve the matter by unanimous agreement. If the Project Committee cannot unanimously agree to the proper resolution within 10 calendar days, then the invoice shall be paid as received; provided, however, that any Party may subsequently seek a determination of the proper allocation of such costs through the dispute resolution process set forth in this Agreement, and the allocation of costs between the Parties shall be adjusted in accordance with such determination. (e) Upon the District's payment of each invoice for engineering services paid after August 20, 2009, the District will transmit a copy of the invoice to the City. The City agrees to pay its pro -rata portion of each invoice, which will be determined by multiplying its Cost Allocation Percentage by the total amount of the approved invoice, to the District within 30 days after delivery of the invoice (the "Due Date'. Each invoice submitted by District for reimbursement will clearly describe the work done for which payment is requested. X. MASTER PLAN 10.01 Master Plan. 20 Interlocal Agreement Regarding Regional Water 5)vstem Improvements (a) Based on future water demands and as necessary to ensure the timely construction of improvements to the North WTP Facility and/or the South WTP Facility, the Project Committee shall meet to identify a scope of services for preparation of one or more "Master Plans" that will address the future expansions of the North WTP Facility (beyond the Initial North WTP Facility Expansion), construction of the South WTP Facility, the potential utilization of the Brushy Creek MUD raw water diversion and intake facilities, and future expansion of the South WTP Facility. The Parties acknowledge that the City has commenced a study evaluating the potential expansion of the North WTP Facility beyond the Initial North WTP Facility Expansion. (b) The Project Committee shall solicit proposals from qualified engineering firms for preparation of the Master Plan and shall mutually agree upon the firm that is most qualified to prepare the plan, and the form of the engineering services agreement relating to preparation of the Master Plan. (c) Upon selection of the most qualified consultant, the City will enter into an engineering services agreement with the consultant for preparation of the Master Plan. Thereafter, the Project Committee shall work with the engineering consultant for purposes of preparing a Master Plan to be in a form approved by the Project Committee. 10.02 Cost of Master Plan. The City will advance and pay the cost of the engineering services relating to preparation of the Master Plan, subject to its right to reimbursement from the District. The Project Committee shall determine the Cost Allocation Percentages for which each Party shall be responsible for payment of costs of each Master Plan, or update thereto, in good faith based upon the relative benefit of the study (and proposed facilities that are the subject thereof) to each Party. 10.03 Reimbursement of Costs. Upon the City's approval of each invoice for the engineering services relating to the Master Plan, the City will transmit a copy of the invoice to the District. The District agrees to pay its prorata portion of each invoice, which will be determined by multiplying its respective Cost Allocation Percentage by the total amount of the approved invoice, to the City within 30 days after delivery of the invoice (the "Due Date"). Each invoice submitted by the City for reimbursement will clearly describe the work done in connection with the preparation of the Master Plan, and will not seek reimbursement or payment for any other work. 10.04 Work Product. Upon receipt of a request from the District, the City agrees to promptly make available to the District copies of any work product produced by the design engineer in connection with the preparation of the Master Plan. XI, FUTURE PLANT EXPANSIONS 21 Interfocal Agreement Regarding Regional Water System Improvements 11.01 General. The Parties agree to cooperate in good faith regarding future expansions of the North WTP Facility and South WTP Facility as necessary to ensure an adequate potable water supply for their respective needs. 11.02 Planning, Design and Construction of Expansions. (a) General. After construction of Initial North WTP Facility Expansion, the Parties shall expand the capacity of the North WTP Facility, and thereafter construct and expand the South WTP Facility, from time to time in accordance with the Master Plan and as otherwise required to meet their respective water demands. The Parties acknowledge that the total capacity of the North WTP Facility and the South WTP Facility is currently projected to be 94 MGD, of which amount 22 MGD would be allocated to the District, and 72 MGD to the City. Notwithstanding the foregoing, the actual capacity of the facilities and the allocation of the facility capacity between the Parties may change by agreement of the Parties as a result of the acquisition of additional water rights by one or both of the Parties, and due to other circumstances. (b) Requests for Expansions. (i) Either Party may request an expansion of the North WTP Facility or the construction or expansion of the South WTP Facility. Any request shall be in writing to the other Party and the Project Committee, and shall describe the requested expansion and the Reserved Capacity in the expansion sought by the Party. The other Party shall have a period of thirty (30) days after receipt of said notice to inform the requesting Party in writing as to whether it desires to participate in the construction or expansion project, and the amount of Reserved Capacity sought by the Party in the Proposed Project Component. (ii) Except as otherwise agreed upon by the Parties, the City shall be responsible for design and construction of any Expansions in which both the District and the City participate. The design, construction, and payment of such expansions shall proceed in accordance with the terms and conditions set forth in this Agreement under Articles VI and VII. (iii) Notwithstanding Section 11.02(b) above, in the event that only one Party desires to proceed with an Expansion, then that Party shall be responsible for design and construction of the Expansion; provided, however, no such Expansion may impair or alter the other Party's existing Reserved Capacity in any Project Component. 11.03 Design and Construction of Required Improvements. In the event the construction of Required Improvements is necessary in order for the North WTP Facility and/or South WTP Facility to be able to treat and furnish Water to the Parties in order to avoid violation(s) of any regulatory requirements related to the Project, the Parties will design the Required Improvements in accordance with the procedures and terms of Sections 6.01 through 6.04 of this Agreement; provided, however, the Parties' Cost Allocation Percentage shall be 22 Interlocal Agreement Regarding Regional Water System Improvements based on each Parties' Reserved Capacity in the proposed improvements, as agreed upon by the Parties. Thereafter, the Parties shall construct the Required Improvements in accordance with the general procedures and terms of Sections 7.01 through 7.04 of this Agreement, to the extent applicable. XII. OPERATION OF IMPROVEMENTS 12.01 General. Except as otherwise agreed upon by the Parties, the City shall operate the Project in accordance with accepted good business and engineering practices and in accordance with requirements of the. Clean Water Act, the Texas Water Code, and any other applicable laws, as all such laws may be amended in the future, and any rules and regulations issued and to be issued by appropriate agencies in the administration of said laws. Specific operational details regarding the Project shall be set forth in the JOA, as amended from time to time. 12.02 Competitive Bids. If the City seeks competitive bids or proposals from others to provide day-to-day operation of the Project or any Project Component thereof, the City agrees that the District may submit a proposal or bid to perform such operations. The Project Committee shall have a period not less than thirty (30) days to review said proposals and bids and shall make a recommendation to the City as to which proposer or bidder shall operate the Project or Component thereof. The final decision as to operation of the Project shall be made by the City. 12.03 Cooperation During Maintenance or Emergency. The Parties will cooperate during periods of an emergency or required maintenance of the Project and, if necessary, will discontinue, cycle, test, inspect, or otherwise operate and maintain their waterworks systems at their expense in a manner necessary to the safe and efficient completion of repairs or the replacement of the Project's facilities, the restoration of service, and the protection of the public health, safety, and welfare of each of the Party's customers. The City will use its best efforts to provide the District reasonable notice under the circumstance of the actions to be undertaken by City and cooperate to try to minimize inconvenience to the District. XIII. DIVERSION, TREATMENT AND TRANSMISSION OF WATER 13.01 Provision of Service. Subject to the terms, limitations and conditions set forth in this Agreement and the Raw Water Contracts, the City agrees to divert, treat, and deliver Water as needed and required by each of the Parties in an amount up to, but not to exceed, each Party's Reserved Capacity. 13.02 Reserved Capacity. (a) General. Except as set forth in Section 13.03 below, each Party shall have the exclusive right to receive potable Water from the Project to the extent of, and by utilizing, its 23 Interlocal Agreement Regarding Regional Water System Improvements Reserved Capacity in each Project Component as described in Exhibit D, and as hereafter requested by the Parties in connection with any Expansion. No Reserved Capacity may be allocated to or used by anyone other than the Party on whose behalf that capacity has been reserved, unless the affected Party specifically agrees in writing to the allocation or use. (b) Transfer of Reserved Capacity. Either Party may transfer any portion of its Reserved Capacity to the other Party in exchange for such consideration as the Parties shall deem appropriate. (c) Notice of Use of Reserved Capacity. At least once each year, the City shall notify the District of the level of usage by each Party of its Reserved Capacity in each Project Component to the extent available to the City. Either Party may, but shall not be obligated to, enforce or restrict the use of any Project Component by the other Party to its Reserved Capacity. 13.03 Wheeling Operations. (a) Prior to completion of the Initial North WTP Facility Expansion, the City shall continue to wheel Water through its waterworks system to the Existing Points Of Delivery in accordance with the terms and conditions of the Prior Agreement; provided, however, that the quantity of Water to which the District is entitled shall be equal to the Firm Capacity. The combined rate of delivery of Water to the Points of Delivery shall not exceed 2840 gallons per minute, except as otherwise agreed by the Parties' representatives. (b) From and after completion of the Initial North WTP Facility Expansion but prior to completion of the Williams Drive Transmission Line, the City shall wheel Water through its transmission system for delivery to the District at the Existing Points of Delivery in the quantities requested by the District from time to time; provided, however, the City shall have no obligation to deliver Water in excess of 6.3 MGD. Further, the rate of delivery of Water shall not exceed the Woods Delivery Limitation at the Woods Pump Station, and shall not exceed the Pastor Delivery Limitation at the Pastor Pump Station, except as otherwise agreed by the Parties' representatives. (c) Upon completion of the Williams Drive Transmission Line, the City's obligation to wheel Water through its transmission line improvements to the Woods Pump Station shall terminate. The City shall thereafter deliver Water to the Williams Drive Transmission Line in the quantities requested by the District from time to time; provided, however, the City shall have no obligation to deliver Water in excess of the District's capacity in the North WTP Facility, as expanded (9.59 MGD). (d) In connection with future Expansions, the Parties shall mutually agree upon the Reserved Capacity of each Expansion. (e) The City's obligation to wheel Water through its transmission lines to the Pastor Pump Station shall remain in effect until such time as the South WTP Facility is constructed and operational, at which time the Parties shall evaluate the necessity and benefit of further wheeling 24 Interlocal Agreement Regarding Regional Water Sysi m Improvements operations by the City. The City acknowledges that the District may terminate wheeling operations by the City at any time by providing written notice thereof to the City. (f) The Parties agree that the methodology set forth in the JOA shall be utilized for purposes of calculating the costs to be paid by the District to the City for wheeling the District's water supply through the City water system. A methodology for allocating losses that occur during wheeling of the District's water supply through the City s waterworks system shall be stated in the JOA. (g) The City's obligation to wheel Water shall be subject to the provisions of Section 3.01(a), and it shall not be considered a violation of the City's obligation to wheel Water through its waterworks system if, from time to time, physical conditions within the City's system prevent delivery of the full daily amount of the District's Firm Capacity. 13.04 Design and Construction of Williams Drive Transmission Line. (a) Upon the execution of this Agreement by the Parties, the District agrees to proceed with design and construction of the Williams Drive Transmission Line. The District will utilize its best efforts to cause the Williams Drive Transmission Line to be completed on or prior to June 30, 2012; provided, however, the City acknowledges that Williamson County is constructing a significant portion of the line improvements in connection with its widening of FM 2338 and controls the timing for completion of the project. (b) From and after completion of the Williams Drive Transmission Line, the City's obligation to wheel water through its transmission line system to the Woods Pump Station shall terminate. (c) After completion of construction of the Williams Drive Transmission Line, the District shall hold an undivided 100% ownership interest in the Williams Drive Transmission Line and shall be responsible for operation, maintenance, and repair thereof. 13.05 Design and Construction of District Pump Station Project. (a) Trigger for Design and Construction. In the event the City determines that it may not pump a supply of Water to the Woods Pump Station in the full amount of the District's Reserved Capacity in the North WTP Facility as expanded (9.59 MGD), or as may be subsequently expanded thereafter in connection with an Expansion, the City agrees to provide not less than three years prior written notice thereof to the District. Thereafter, the District shall be responsible for designing and constructing the District Pump Station Project in accordance with the terms of this Agreement. (b) Design. The District shall pay 100% of the costs of the design services relating to the District Pump Station Project. The District agrees to provide a copy of the design and other Bid Documents relating to the District Pump Station Project to the Project Committee for review and comment prior to execution and/or solicitation of bids for the project. The Project 25 Interlocal Agreement Regarding Regional Water System Improvements Committee shall have not less than 20 days to review the Bid Documents for each Project Component. (c) General. The District shall be responsible for constructing, or causing to be constructed, the District Pump Station Project, and acquiring all related easements, regulatory approvals, leasehold interests, equipment, materials and supplies; provided, however, the City agrees to make available lands at the North WTP Facility for the pump station improvements. In connection with the construction of the District Pump Station Project, the District agrees to use good faith and reasonable efforts to ensure that the Project Contractor completes construction of the District Pump Station Project in accordance with the plans and specifications and other requirements set forth in the Bid Documents. (d) Change Orders. During construction, any change orders related to the District Pump Station Project will be subject to review and approval by the Project Committee. The Project Committee will review any change orders and either approve the change order or provide written comments specifically identifying the changes required within 10 working days of submittal. If the Project Committee fails to either approve the submittal or provide written comments specifically identifying the required changes within 10 working days, the change order in question will be deemed approved. (e) Insurance. The District shall require that all workers involved with the construction of the District Pump Station Project are covered by workers' compensation insurance as required by the laws of the State of Texas. The District shall also require that the contractors procure and maintain comprehensive general liability insurance insuring against the risk of bodily injury, property damage, and personal injury liability occurring from, or arising out of, construction of the District Pump Station Project, with such insurance in the amount of a combined single limit of liability of at least $1,000,000 and a general aggregate limit of at least $5,000,000. Such insurance coverage shall be maintained in force at least until the completion, inspection and acceptance of the District Pump Station Project by the District. 13.06 Delivery Points Analysis. The District and the City agree to cooperate in good faith with respect to performing any engineering analyses requested by the District to identify the most efficient methods of delivering Water to the District from the North WTP Facility in lieu of, or in addition to, the Existing Points of Delivery. The District shall pay the costs of such engineering evaluations. The City shall furnish a supply of Water to the District at any such additional points of delivery provided the District pays all costs associated therewith, and the supply does not adversely impact the City's water system or operations. 13.07 Ownership of Facilities. All improvements and facilities located on the District's side of each Point of Delivery shall be owned, operated and maintained by the District and shall not constitute part of the Project. 13.08 Regulatory Requirements. The provision of Water by the City under this Agreement is subject to all applicable federal, state, and local laws and any applicable ordinances, rules, orders, and regulations of any local, state, or federal governmental authority 26 Interlocal Agreement Regarding Regional Water System Improvements having jurisdiction. This Agreement is specifically subject to all applicable sections of the Texas Water Code and the rules of the TCEQ, or any successor agency. 13.09 Quality. The Water to be delivered by the City to the District shall be potable water meeting applicable state and federal standards for drinking water. 13.10 Title to and Responsibility for Water. Responsibility for all Water supplied under this agreement shall be in the City from the North WTP Facility to the Point of Delivery, at which point responsibility for the Water shall pass to the District. Subject to the provisions and limitations of the Texas Tort Claims Act, the City and the District hereby agree to save and hold each other harmless from all claims, demands and causes of action which may be asserted by anyone on account of the diversion, transportation, treatment, and distribution of said Water while responsibility for the Water remains in the other Party. XIV. NEGOTIATION AND MEDIATION OF DISPUTES 14.01 Agreement Regarding Remedies. The Parties agree that their respective obligations under this Agreement are unique and the failure by any Party to perform its obligations under this Agreement would not be capable of being appropriately remedied by award of damages to any other affected Party to this Agreement and in any event, such damages would be difficult, if not impossible, to determine because of the unique nature of the Parties' obligations to each other hereunder. Further, the Parties agree that the remedy of termination of this Agreement by any Party is inappropriate and not in the public interest. Therefore, the Parties agree that they shall be entitled, and limited, to the remedies of specific performance, mandamus and injunction in the event of any breach of any obligation by any Party under this Agreement. Notwithstanding the foregoing, any failure to provide payment due under this Agreement shall be actionable by a remedy at law to enforce such payment obligation. The Parties hereby waive any requirement that they be required to provide any bond or other surety in order to obtain any of the agreed upon remedies. 14.02 Agreement to Negotiate First to Resolve Issues. The Parties agree to attempt first to resolve disputes concerning this Agreement amicably by promptly entering into negotiations in good faith. The Parties agree that they will not refer any dispute to another dispute resolution procedure including mediation or litigation until they have first made reasonable and good faith efforts to settle their differences by joint negotiations conducted in a timely manner. 14.03 Agreement to Mediate. If any dispute cannot be resolved through good faith negotiation, then the Parties shall endeavor to resolve the dispute by mediation as provided herein. 14.04 Presentation of Written Claim Regarding Disputes Not Resolved by Negotiation. In the event that a dispute is not resolved as a result of such negotiations, either Party may at any time give formal written notice to the other of a "claim." A "claim" as used 27 Interlocal Agreement Regarding Regional Water System Improvements herein means a demand or assertion by one of the Parties (the "claimant") seeking, as a matter or right, adjustment or interpretation of contract terms, the payment of money, an extension of time for performance or other relief with respect to the terms of this Agreement or any other dispute or matter in question among the Parties arising out of or related to this Agreement. Such notice shall be in writing. After such notice is given, the dispute resolution procedure provided for below shall immediately enter into effect. 14.05 Performance During Mediation. The claimant shall continue with performance under this Agreement pending mediation of the dispute. 14.06 Appointment of Mediator. Promptly following the making of a written claim by any Party, the Parties will consult with one another to agree on the appointment of a mediator acceptable to the Parties. The mediator shall have experience in matters of the kind giving rise to the claim. If within five (5) business days the Parties are unable to agree on the appointment of a mediator, then either Party may request the appointment of a mediator by the Center for Public Policy Dispute Resolution at the University of Texas at Austin School of Law. The Parties shall endeavor to secure such appointment from the Center for Public Policy Dispute Resolution within ten (10) business days after the request for same is made. The Parties agree to utilize the mediator appointed by the Center unless they ultimately reach agreement on an alternative selection and give notice to the Center that another selection has been made by agreement. 14.07 Rules for Mediation. The Parties agree to the following stipulations concerning the conduct of the mediation: (a) The mediator shall be impartial among the Parties and shall have no conflict of interest. (b) The mediator shall not have any past, present or anticipated financial interest in the Agreement except for the payment for services as mediator nor shall the mediator have been previously employed or acted as a consultant, attorney, employee, engineer, architect, contractor or subcontractor of any Party nor have any present or anticipated future engagement of the kind described. Before the engagement of the mediator is finalized, the mediator shall provide to the Parties a disclosure statement containing a resume of experience, a description of past, present or anticipated future relationships to the Parties, their engineers, contractors, subcontractors, attorneys, architects, or consultants. (c) The mediation shall be held at a time and location mutually agreeable to the Parties and the mediator provided, however, that the mediation shall commence no later than fifteen (15) business days following the confirmation of appointment. (d) At least five (5) business days prior to the mediation, the claimant shall submit to the Parties and the mediator a statement of the claimant's position, the issues that need to be resolved and a summary of the arguments supporting the claimant's position. At least two (2) business days prior to the mediation, the responding Parties shall submit their written response to the claimant's statement and provide a summary of their arguments in response. 28 Interlocal Agreement Regarding Regional Water System Improvements (e) If the Parties agree that independent expert or technical advice would be helpful in facilitating a negotiated resolution of the dispute, the mediator may make arrangements to obtain such advice, and may, with the agreement of the Parties, make arrangements for an independent expert to render a non-binding advisory opinion with respect to any technical matters in dispute after hearing the contentions of the Parties with respect thereto. The expenses of obtaining such independent advice or advisory opinion shall be borne equally by the Parties. (f) No Party shall engage in any private interview, discussion or argument with the mediator concerning the subject matter of the mediation. (g) The fees of the mediator and any other costs of administering the mediation shall be borne equally by the Parties unless otherwise agreed among them in writing. (h) The mediator may promote settlement in any manner the mediator believes appropriate at one or several mediation sessions as agreed to by the Parties. The mediation shall continue only so long as desired by the Parties and with the consent of all of them. (i) Mediation sessions shall be private unless otherwise required by law. Persons other than the representatives of the parties may attend mediation sessions only with the permission of all Parties and the consent of the mediator. 6) All communications made in the course of the mediation process including any advice or advisory opinions rendered shall be confidential in accordance with V.T.C.A. Civil Practice and Remedies Code, Section 154.073. XV. GENERAL PROVISIONS 15.01 Authority. This Agreement is made in part under the authority conferred in Chapter 791, Texas Government Code and Chapter 552, Teras Local Government Code. 15.02 Severability. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the remainder of this Agreement will not be affected and this Agreement will be construed as if the invalid portion had never been contained herein. 15.03 Assignment. Except as otherwise provided herein, the assignment of this Agreement by any Party is prohibited without the prior written consent of the other Parties. All of the respective covenants, undertakings, and obligations of each of the Parties will bind that Party and will apply to and bind any successors or assigns of that Party. 15.04 Payments from Current Revenues. Any payments required to be made by a Party under this Agreement will be paid from current revenues or other funds lawfully available to the Party for such purpose. 29 Interlocal Agreement Regarding Regional Water System Improvements 15.05 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. 15.06 Entire Agreement. This Agreement contains the entire agreement of the Parties regarding the subject matter hereof and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter. The Parties confirm that further agreements regarding the Regional Project are contemplated and will not be affected or limited by this Agreement. 15.07 Amendments. Any amendment of this Agreement must be in writing and will be effective if signed by the authorized representatives of the Parties. 15.08 Applicable Law; Venue. This Agreement will be construed in accordance with Texas law. Venue for any action arising hereunder will be in Williamson County, Texas. 15.09 Notices. Any notices given under this Agreement will be effective if (i) forwarded to a Party by hand -delivery; (ii) transmitted to a Party by confirmed telecopy; or (iii) deposited with the U.S. Postal Service, postage prepaid, certified, to the address of the Party indicated below: CITY: Water Services Director Georgetown Utility Systems 300 Industrial Avenue Georgetown, Texas 78626 Fax: 512-930-3559 with copy to: Assistant City Manager of Utility Operations City of Georgetown PO Box 409 Georgetown, Texas 78627 Fax: 512-930-3622 DISTRICT: Attn: General Manager Chisholm Trail Special Utility District 851 FM 970 Florence, Texas 76527 Fax: 254-793-3100 with copy to: Anthony S. Corbett Freeman & Corbett 8500 Bluffstone Cove, Suite B-104 Austin, Texas 78759 Fax: (512)453-0865 30 Interlocal Agreement Regarding Regional Water System Improvements 15.10 Exhibits. The following exhibits are attached to this Agreement and incorporated herein by reference: Exhibit A - Avant CCN Territory Exhibit B - Cost Allocation Percentages Exhibit C - Liability Allocation Percentages Exhibit D - Reserved Capacity Exhibit E - South Plant Site Exhibit F - Bill of Sale Exhibit G - Purchase Agreement Exhibit H - Highway 29 CCN Territory Exhibit I - Sun City CCN Territory 15.11 Counterparts; Effect of Partial Execution. This Agreement may be executed simultaneously in multiple counterparts, each of which will be deemed an original, but all of which will constitute the same instrument. 15.12 Authority. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement. [The remainder of this page intentionally left blank.] 31 Interlocal Agreement Regarding Regional Water System Improvements ATTEST: City Secretary Secretary Interlocal Agreement Regarding Regional Water System Improvements CITY OF GEORGETOWN: Printed Name: Title: Mayor Date: CHISHOLM TRAIL SPECIAL UTILITY DISTRICT: By: Printed Name: Title: Date: 32 EXHIBIT "A" AVANT CCN TERRITORY EXHIBIT "B" COST ALLOCATION PERCENTAGES Clearwell* City: 78.2% District: 21.8% Sludge Belt Press Project* City: 78.2% District: 21.8% Initial North WTP Facility Expansion (other than Clearwell and Sludge Beltyress) City: 50% District: 50% South Plant Site Acquisition Costs** City: 64.0% District: 36.0% South Plant Site Permits and Regulatory Approval Costs** City: 64.0% District: 36.0% Notes: * Based on full buildout of the North WTP Facility (44 MGD) and no additional capacity for the District (CCSUD 9.59 MGD and GT 34.41 MGD) ** Based on anticipated shares at full buildout of the South WTP Facility (CfSUD 12.5 MGD and GT 37.5 MGD) with an adjustment for the District's share of the Initial North WTP Facility Expansion (5.5 MGD). EXHIBIT "C" NOT USED EXHIBIT "D" RESERVED CAPACITY The Reserved Capacity of each Party in the North WTP Facility and the Initial North WTP Facility Expansion shall be as follows: North WTP Facility (as of the Effective Date) MGD Percent Share City: 13.41 76.629% District: 4.09 23.371% Totals 17.5 1000/0 Initial North WTP Facilitv Expansion MGD Percent Share City: 5.5 50% District: 5.5 50% Totals 11.0 100% North WTP Facilitv after the Initial North WTP Facility Expansion Project Is Completed MGD Percent Share City: 18.91 66.35% District: 9.59 33.65% Totals 28.5 100% EXHIBIT E SOUTH PLANT SITE EXHIBIT EEE' 30.00 ACRE TRACT OF LAND OUT OF THE JOSEPH FISH SURVEY, ABSTRACT NO. 232, WILLIAMSON COUNTY, TEXAS 9AWLiE MmMMM1 NM A PASS 9Px f0YN0 ' / I CALLED 1.07 ACRES PARCEL NO. 2 80' WOE EASEMENT FOR RIGHT-OF-WAY SECRETARY OF INC ARMY TO MUUAMspx CO., TEXAS VOL OVOL 715, , K 1160 p TA 110 WCD RLED: .NNE 9. 1978 N 5024'12' E - ROAD EASEMENT OACW6]-2-e1-0mt T MAR un ) ` [A.lCO 122] ACRES 1 E4SEMENi FOR RIGHT -Of -WAY ' I SECRETARY OF UNE_ ARMY 0 ' NOAM3 N CO., TEXAS i ``� I ] OACYfE]-2-On-0671 W0, X1 0 RAM .NLY 3. 195x \\] 10.0' m P �CALFE0 1t,9 R1 PARRM 9 CEL 8 N6 d • ` 00 WOE PERPENAI ROAD EASEMENT o. x CAI 1223 ACRES EASEMENT FOR W@ 7 -01F -WAY TO tJ1 MONETARY OF TRE ARMY MWAMSON CO_ TEXAS TO VOL A_. PAGE 121,�O WWAMSON C4 TEXAS W LO.R. .a 1260 OAMW 2-34-0611 PLED: .NNE 9. 1978 0At . JAY 3, 1984 CALLED 206112ACRES A MACY I MMES RD55 AVANT. E1 M 71 TO JM FURREST AVANT. 0 W1. u VOLUME 2}74. PACE 513 u O..W LT. EXECUhD: JULY 8. 1997 ORt¢ ANO [LVImCAIiOM DEED DOCUMENT IRM3u ORYLLT, EXECUTED: MAY 13. 1993 LEGEND E • - 1/2• IRON ROD FOUND S (UNLESS OTHERMSE NOTED) 0 - 1/2- IRON ROD VAIN PLASTIC CAP STAMPED 'WALLACE CROUP' FOUND D.P.R.W,C.T. - OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. O.R.W.C.T. - OPFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. W.CD.R. - WILLIAMSON COUNTY DEED RECORDS 2229:77" E - 271.84' 222757• E — 82&JJ1. CAMEO 149.00 ACRES TRACT NO. 105-1 J.B. WOOD. EY AL TO UNTE0 STATES OF AMERICA BY DECLARATION OF TAXWC VOLUME 550, PAGE 553. WLO.R. FRED: MAY 19, 1972 -( EP�RP� �0 251- SCALE: 32 SCALE: 1"=500' FT.) S 2227'Or E — 68.7.46• � 51'12'31' \ R. T,31i69 L• 1,228$5' CH• 1,18113' C9• 5 ABTM']ti E 12Bc F snY3P R• 1,<3269' CN• 5 \ 0. N A 41FU89SSn' W 9 ]]99'90' F fl• 1,970.0' = 14115 62 4617B 6633']7 E ' >I3. i1•DymxoMlE pxwul J5� NMA Ons CRY N 7]994 . nnm[o'los-I-f ,oln9 -0 5 907226' E R _ 3'39'S 2• 261,17' }AZ N7N•W 6j�0Y ]/<'pcaNcnfirtON RW fy0 19920' M 7399'50' W ` Ix rWw W ' 7M.01' 6T.y1 p3 ` $ CA= 10.21 AMES�\ RART-0F-WAY GSEMENT EKOWT 'A' JUAN *BOB AVANT OAWES ROSS AVANT ` WLLIAMSON CU. TEXAS VOLUME 901, PAGE 552 W.D.D.R EYEC'JTED: JANIIAWY 3, 1955 EXHIIBIT F FORM BILL OF SALE AND ASSIGNMENT BILL OF SALE AND ASSIGNMENT Date: Grantor: Grantor's Mailing Address (including county): Grantee: Grantee's Mailing Address (including county): Consideration: Ten Dollars ($10.00) and other good and valuable consideration in hand paid by Grantee. Facilities: See Exhibit "A" attached hereto. Intangible Assets: See Exhibit `B" attached hereto. Grantor, for the consideration herein expressed, sells, assigns, and transfers to Grantee: a) the Facilities as described on Exhibit "I"; and, b) the Intangible Assets described on Exhibit "2." Reference is hereby made to that certain "Interlocal Agreement Regarding Regional Water System Improvement" dated . 2009, between Grantor and Grantee ("Agreement"). The covenants and representations set forth in the Agreement are hereby incorporated herein by reference as if such covenants and representations were fully set out herein. Grantor agrees to hereafter cooperate with Grantee, take such actions and execute such other specific documents as may be necessary or appropriate to accomplish the transfers contemplated in the Agreement and this document. When the context requires, singular nouns and pronouns include the plural. References to defined terms shall refer to those terms as defined in the Agreement. Executed effective GRANTOR: By: Printed Name: Title: Date: GRANTEE: By: Printed Name: Title: Date: 1Wrn:30a Description of Facilities An undivided percentage C_2%) ownership interest in and all associated equipment, facilities and appurtenances thereto, as more particularly described in the Agreement. 2. An undivided percentage (_%o) ownership interest in and all associated equipment, facilities and appurtenances thereto, as more particularly described in the Agreement. EXHIBIT 2 Description of Intangible Assets All rights, including but not limited to those rights arising under bonds, warranties or other guarantees, held by Grantor pertaining to the Facilities described in Exhibit "A" attached hereto. `A !c.l-• _ J PURCHASE AGREEMENT BRASBEAR PROPERTIES June 30, 2009 Jim Avant 2200 Post Oak Blvd. Suite 700 Houston, TX 77056 RE: Offer to Purchase 30 Acres of Land Submitted by Chisholm Trail Special Utility District Dear Jim, Enclosed is the offer submitted by Chisholm Trail Special Utility District ("CTSUD") for a 30 acre parcel of land located on Cedar Breaks Road. The site is the location determined by both CTSUD and the City of Georgetown as the ideal location for the construction of a water treatmen t plant to be built and operated by the two entities. The offering price reflects the current appraisal of the property. The offer does include the provision that as a condition of the sale of the property, CTSUD will amend the existing Certificate of Convenience and Necessity ("CCN") transferring retail service rights for the balance of the Avant property to the City of Georgetown. The offer to purchase the property is being made under the threat of condemnation. The parties studied the alternate site that you had submitted for the location of the water treatment plant facilities. The final cost analysis indicated an increased cost to the parties for relocating the site in excess of $1 million. That is not a cost that the parties are willing to incur, especially in this economic environment. Please call me and let me know if you have questions or comments regarding the offer. Thank you for your attention to this matter. Sincerely, FILE COPY Ercel Brashear Enclosures cc: CTSUD (Letter only) BRASHEAR PROPERTIES, LTD. 2955 Dawn Drive, Unit B • Georgetown, Texas 78628 512/930-5796 (Phone) • 512/863-6818 (FAX) 4111♦I TEXAS f1SSOCIATION OF REALTORS® COMMERCIAL CONTRACT - UNIMPROVED PROPERTY IISE OF THIS FORM By PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTOR591S NOT AUTHORIZED. OTemii ASSOCIalinn of REALTORS& In. 2505 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: Jamie A. Devhle, Jim F. Avant Jeff W Avant Address:As set forth on Exhibit B attached, , Phone: Fax: Buyer: Chisholm Trail Special Utility District or Assigns Address: F.C. Box 249, Florence, TX 76527 Phone: (254)793-3103 Fax: (254)793-3100 E-mail: iohnhatchel@ctsud ora 2. PROPERTY: A. "Property" means that real property situated in Williamson County, Texas at Cedar Breaks Road Georaetovra Tx (address) and that is legally described on the attached Exhibit or as follows: 30 acres of land, more or less, out of the Joseph Fish Survey, Abstract No. 232, Williamson County, Texas and as further identified on Exhibit "All attached hereto. B. Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest in any minerals, utilities, adjacent streets, alleys, strips, gores, and rights-of-way; (2) Sellers interest in all leases, rents, and security deposits for all or part of the Property; and (3) Seller's Interest in all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) 3. SALES PRICE: A. At or before closing, Buyer will pay the following sales price for the Property: (1) Cash portion payable by Buyer at closing ......................... $ 719, 000.00 (2) Sum of all financing described in Paragraph 4 ...................... $ (3) Sales price (sum of 3A(1) and 3A(2)) ............................. $ 719, 000.00 (TAR -1802) 10-18-05 Initialed for Identification by Buyegf and Seller_, Page 1 of 12 13mbear Pmpenim, Ltd 2955 Dawn Dr., BB, Georgetown TX 78628 Phone: 5129305796 F= (5 12) 863.6818 Emel Brashear CTSUD-Avant 12 Pmdlxed mth ZipFonn'" by RE FormsNel. LLC 18025 Fifteen Mie Road. Clinton Township, Michigan 48036 www.zloloml cwn Commercial Contract- Unimproved Property Conceming Cedar Breaks Road, Georgetown, TX B. Adlustment to Sales Price: (Check (1) or (2) only.) ❑ (1) The sales price will not be adjusted based on a survey. ® (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B. (a) The sales price is calculated on the basis of $ 23.567.00 per: ❑ (i) square foot of ❑ total area ❑ net area. IM (ii) acre of ® total area ❑ net area. (b) "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area less any area of the Property within: ❑ (i) public roadways; ❑ (ii) rights-of-way and easements other than those that directly provide utility services to the Property; and ❑ (iii) (c) If the sales price is adjusted by more than 30-000 % of the stated sales price, either party may terminate this contract by providing written notice to the other party within 5 days after the terminating party receives the survey. If neither party terminates this contract or if the variance is less than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: ❑ A. Third Party Financing: One or more third party loans in the total amount of $ This contract: A� ❑ (1) is not contingent upon Buyer obtaining third party financing. ❑ (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum. Assumption: assume the In accordance with the attached Commercial Contract Financing Addendum, Buyer will existing promissory note secured by the Property, which balance at closing will be ❑ C. Seller Financing: The delivery of a promissory note and deed of trust from Buyer to Seller under the terms of the attached Commercial Contract Financing Addendum in the amount of $ 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ 20, 000. oo as earnest money with Georgetown Title Company Mike Cumberland (escrow agent) at 702 Rock Street Georgetown TX 78626 (address). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract by providing written notice to Buyer before Buyer deposits the earnest money and may exercise Seller's remedies under Paragraph 15. B. Buyer will deposit an additional amount of $ with the escrow agent to be made part of the earnest money on or before: ❑ (i) days after Buyer's right to terminate under Paragraph 7B expires; or ❑ (fi) Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. C. Buyer may instruct the escrow agent to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any Interest to Buyer. (TAR -1802) 10-18-05 Initialed for Identification by Buyy and Seller _,_ Page 2 of 12 Produced with Ziprorm^' by RE FmmsNet, LLC 18025 Fifteen Mile Road. Clinton Township, Michigan 48035 www.zlp/prtn.com CTSUD-Avant 12 Commercial Contract - Unimproved Property Conceming Cedar Breaks Road, Georgetown, TX 6. TITLE POLICY AND SURVEY: A. Title Policy: (1) Seiler, at Seller's expense, will fumish Buyer an Owner's Policy of Title Insurance (the title policy) issued by Georgetown Title company (title company) in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: ❑ (a) will not be amended or deleted from the title policy. ® (b) will be amended to read "shortages in areas" at the expense of ❑ Buyer M Seller. (3) Buyer may object to any restrictive covenants on the Property within the time required under Paragraph 6C. (4) Within 21 days after the effective date, Seller will fumish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. B. Survey: Within 10 days after the effective date: M (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. ❑ (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. ❑ (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's existing survey of the Property dated along with an affidavit required by the title company for approval of the survey. If the survey is not acceptable to the title company, Seller, at Seller's expense, will obtain a survey acceptable to the title company and deliver the acceptable survey to the Buyer and the title company within 15 days after Seller receives notice that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 15 days if necessary for Seller to deliver an acceptable survey within the time required. C. Buyer's Obiections to the Commitment and Survey: (1) Within to days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, and any required survey, Buyer may object in writing to matters disclosed in the items if: (a) the matters disclosed constitute a defect or encumbrance to title other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an "A" or "V" zone as defined by FEMA). If Paragraph 66(1) applies, Buyer is deemed to receive the survey on the earlier of: (i) the date of Buyer's actual receipt of the survey; or (ii) of the deadline specified in Paragraph 6B. (TAR -1802)10-18-05 Initialed for Identification by Buy and Seller Page 3 of 12 Produced Mth ZiprDmm by RE FonnsNel. LLC 18025 Fifteen Mlle Road, Clinton Township. Michigan 48035 mm.ziofnr .corn CTSUD-Avant 12 Commercial Contract- Unimproved Property Concerning Cedar Breaks Road, Georgetown, TX (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 713(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyers right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: N/A B. Feasibility Period: Buyer may terminate this contract for any reason within 50 days after the effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.) ❑ (1) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer less $ that Seller will retain as independent consideration for Buyers unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the escrow agent. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this ® (2) Not later than 3 days after the effective date, Buyer must pay Seller $ 100. oo as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. if Buyer terminates under this Paragraph 713, the eamest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this C. Inspections. Studies or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (3) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from (TAR -1802) 10-18-05 Initialed for Identification by Bu, _and Seller—.— Page 4 of 12 Produced wish ZlpFomw by RE FonnsNel, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 v 2iororm.com CrSUD-Avant 12 Commercial Contract- Unimproved Property Concerning Cedar Breaks Road Georgetown, TX Buyer's Inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property Information: Within 5 days after the effective date, Seller will deliver to Buyer: ® (a) copies of all current leases pertaining to the Property, including any modifications, supplements, or amendments to the leases; ❑ .\ n��otes-an, d„�ed v�,a€d^ y Dhe_mp �/ will net pay in full RR ep hefes-AIGGiAT. ® (c) copies of all previous environmental assessments, geotechnical reports, studies, or analyses made on or relating to the Property; ❑ (d) sepie�PFeViGus 2 GalendaFff C1 (E) pWs-44IRe-42WeAyL ❑ (f) copies of G_..e':t Utility GaPaiil. Intle FS fFGFR the Dm Ft ter ;;RFI qL FeVidefi ..rc^'7T^v`Q'z'r' and ❑ (g) (2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer and all copies that Buyer made of those items; and (b) deliver copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 71)(2) survives termination of this contract. E. Contracts Affecting Operations: Until closing, Seller. (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose Of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any advance sums paid by a tenant under any lease; (4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (5) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. B. Estoppel Certificates'. Within days after the effective date, Seller will deliver to Buyer estoppel certificates signed not earlier than by each tenant that leases space in the Property. The estoppel certificates must state: (TAR -1802) 10-18-05 Initialed for Identification by B and Seller_,_ Page 5 of 12 Produced with ZipFonn- by RE Fum,sNeL LLC 18025 Fifteen Mile Road. Clinton Township. Michigan 48035 www.vnf nnxom MUD -Avant 12 Commercial Contract - Unimproved Property Concerning Cedar Breaks Road, Georgetown, TX (1) that no default exists under the lease by the landlord or tenant as of the date the estoppel certificate is signed; (2) the amount of the scheduled rents to be paid through the end of the lease and any rental payments that have been paid in advance; (3) the amount of any security deposit; (4) the amount of any offsets tenant is entitled against rent; (5) the expiration date of the lease; (6) a description of any renewal options; and (7) N/A 9. BROKERS: A. The brokers to this sale are: Cooperating Broker License No. E-mail: Cooperating Broker represents buyer. Ercel Brashear Principal Broker 0229867 License No. 2955 Davin Drive. Unit B Address Georgetown, TX 78628 (512)930-5796 (512)863-6818 Phone Fax E-mail: ercel@brashearproperties.com Principal Broker: (Check only one box.) ❑ represents Seller only. ® represents Buyer only. ❑ is an intermediary between Seller and Buyer. B. Fees. (Check only one box.) ❑ (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. ®(2) At the closing of this sale, Ir ed ill pay: Cooperating Broker a total cash fee of: ❑ % of the sales price. r Principal Broker a total cash fee ofj 0 3.000 % of the sales price. The cash fees will be paid in Williamson County, Texas. Seller authorizes escrow agent to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an eamed commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. 10, CLOSING: A. The closing of the sale will be on or before see Paragraph 12 or within 7 days after objections made under Paragraph 6C have been cured or waived, whichever date is later (the closing date). B. If either party fails to close by the closing date, the on -defaulting party may exercise the remedies in Paragraph 15. (TAR -1802) 10-16-05 Initialed for Identification by Bu and Seller_,_ Page 6 of 12 Pro0uced with ZlpForrn ' by RE FonnsNal, LLC 18025 Fifteen Mlle Road, Clinton Township, Michigan 48035 www.ziofonnxom CTSUD-Avant 12 Commercial Contract- Unimproved Property Concerning Cedar Breaks Road Georgetown TR C. At closing, Seller will execute and deliver, at Sellers expense, a ® general ❑ special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seiler; (5) an affidavit acceptable to the escrow agent stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the escrow agent to: (i) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (ii) deliver the amount to the Internal Revenue Service (IRS) together with appropriate tax forms; and (6) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the escrow agent; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in a lease for any part of the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. 12. SPECIAL PROVISIONS: (Identify exhibit if special provisions are contained in an attachment.) A. Exhibit B is attached hereto and specifically made a part hereof. B. The closing of the sale of the property shall be on or before thirty (30) days after the termination of the Feasibility Period as set forth in Paragraph 7. (TAR -1802) 10-18-05 Initialed for Identification by Bodr— and Seller—,—Page 7 of 12 lcmduced with 2ipFonrt ' by RE FannsNet, LLC 18025 Filleen Mlle Road. Clinton Township, Michigan 48035 w .zlalonn corn CTSUD-Avmtl 12 Commercial Contract- Unimproved Property Concerning Cedar Breaks Road Georgetown TX 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed; (5) one-half of any escrow fee: (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood insurance as may be required by Buyer's lender; (5) one-half of any escrow fee; (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (2) If the amount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. Rollback Taxes: 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 Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party to whom it was prorated within 5 days after the rent is received. This Paragraph 14C survives closing. 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller may: (1) terminate this contract and receive the earnest money as liquidated damages, thereby releasing the parties from this contract; or (2) enforce specific performance, (TAR -1802) 10-18-05 Initialed for Identification by Buye and Seller_,_ Page 8 of 12 Pmduced with ZipFcrm"' by RE FwMSWI, LLC ia025 Fifteen Mile Raad, Cllnbn Tow isHp, Michigan 48035 w .Nofomwm CTSUD-Avant 12 Commercial Contract- Unimproved Property Concerning Cedar Breaks Road Georgetown TX B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey, or commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 713(1), as the sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(i), as liquidated damages, thereby releasing the parties from this contract, or (2) enforce specific performance, 16. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the eamest money, less any independent consideration paid under Paragraph 7B(1), will be refunded to Buyer, or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: (1) Seller and the sales price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: if Buyer, Seller, any broker, or any escrow agent is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. B. If both parties make written demand for the earnest money, escrow agent may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of escrow agent from all parties. C. if one party makes written demand for the earnest money, escrow agent will give notice of the demand by providing to the other party a copy of the demand. If escrow agent does not receive written objection to the demand from the other party within 15 days after the date escrow agent sent the demand to the other party, escrow agent may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and escrow agent may pay the same to the creditors. D. Escrow agent will deduct any independent consideration under Paragraph 7B(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. E. if escrow agent complies with this Paragraph 18, each party hereby releases escrow agent from all claims related to the disbursal of the earnest money. F. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to escrow agent are effective upon receipt by escrow agent. 19. MATERIAL FACTS: To the best of Seller's knowledge and belief: (Check only one box.) ❑ A. Seller is not aware of any material defects to the Property except as stated in the attached Property Condition Statement. (TAR-1802)113-118-05Initialed for Identification by Bux and Seller_,_ Page 9 of 12 Praduced with ZlpFom- by RE FormsNel, LLC 16025 Fdleen Mile Road. Cllnlw Township, Mkhlgan 48035 w .vlolorm cpm CTSUD-Avant 12 Commercial Contract- Unimproved Property Concerning Cedar Breaks Road Georgetown, TX IM B. Except as otherwise provided in this contract, Seller is not aware of. (1) any subsurface: structures, pits, waste, springs, or improvements; (2) any pending or threatened litigation, condemnation, or assessment affecting the Property; (3) any environmental hazards or conditions that materially affect the Property; (4) whether the Property is or has been used for the storage or disposal of hazardous materials or toxic waste, a dump site or landfill, or any underground tanks or containers; (5) whether radon, asbestos containing materials, urea -formaldehyde foam insulation, lead-based paint, toxic mold (to the extent that it adversely affects the health of ordinary occupants), or other pollutants or contaminants of any nature now exist or ever existed on the Property; (6) any wetlands, as defined by federal or state law or regulation, on the Property; (7) any threatened or endangered species or their habitat on the Property; (9) any present or past infestation of wood -destroying insects in the Property's improvements; (9) any contemplated material changes to the Property or surrounding area that would materially and detrimentally affect the ordinary use of the Property; (10)any condition on the Property that violates any law or ordinance. (Describe any exceptions to (1)-(10) in Paragraph 12 or an addendum.) 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand -delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. ® A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated In Paragraph 1. ® B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. B. This contract is to be construed in accordance with the laws of the State of Texas. C. This contract contains the entire agreement of the parties and may not be changed except in writing. D. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. E. Addenda which are part of this contract are: (Check all that apply.) ® (1) Property Description Exhibit identified in Paragraph 2; ❑ (2) Commercial Contract Financing Addendum; ❑ (3) Commercial Property Condition Statement; ❑ (4) Notice to Purchaser of Real Property in a Water District (MUD); ❑ (5) Addendum for Coastal Area Property; ❑ (6) Addendum for Property Located Seaward of the Gulf Intracoastal Waterway; and ® (7) Exhibit B (Note: Counsel for the Texas Association of REALTORS® (TAR) has determined that any of the foregoing addenda which are promulgated by The Texas Real Estate Commission (TREC) or published by TAR are appropriate for use with this form.) (TAR -1802) 10-18-05 Initialed for Identification by Bw and Seller_,_ Page 10 of 12 Praduced with ZpFomo by RE FonnsNet, LLC 18025 Fifteen Mile Road, Clinton Tovmship, Michigan 48035 www iptorm.com CTSLID-Avant 12 Commercial Contract- Unimproved Property Concerning Cedar Breaks Road Georvetown TX F. Buyer ® may ❑ may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the escrow agent receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is described in Paragraph 2 of this contract. D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be included as part of this contract. E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, govemmental regulations, or laws. Buyer should seek experts to perform such services. Selection of inspectors and repairmen is the responsibility of Buyer and not the brokers. 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on 12u L �� j 0 9 , the offer will lapse and become null and void. (TAR -1802) 10-18-05 Initialed for Identification by But and Seller_,_ Page 11 of 12 Produced with ZJpFonm by RE FannsNel. LLC 18026 Fifteen Mile Road, Clinton Townshlp, Michigan 48035 wvvw.ziolorm.com CTSUD-Avant 12 Commercial Contract - Unimproved Property Concerning Cedar R"aka Road Georgetown, T% READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Buyer: hi lm Trail SUD or Assicing Seller. By' By: _ Printed Name: Gordon Eurom Printed Name: Title: President Title: Buyer: By: Printed Name: Title: Seller: By: _ Printed Title: AGREEMENT BETWEEN BROKERS Principal Broker agrees to pay (Cooperating Broker) a fee of $ or % of the sales price when the Principal Broker's fee is received. Escrow agent is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Cooperating Broker PnnGpal Broker By: By: Buyer's attorney is: ATTORNEYS Sellers attorney is: Name:Anthony S. Corbett Name: Address: 8500 Bluffatone Cove, Suite B-104 Address: Phone&Fax: (512)451-6689 (512)453-0865 Phone&Fax: E-mail: tcorbett@f reemanandcorbett.com E-mail: Buyer's attorney requests copies of documents, Sellers attorney requests copies of documents, notices, and other information: notices, and other information: W the title company sends to Buyer. ❑ the title company sends to Seller. ❑ Seller sends to Buyer. ❑ Buyer sends to Seller. Escrow agent acknowledges receipt of: ❑ A. the contract on this day ❑ B. earnest money in the amount of'. on ESCROW RECEIPT (effective date); in the form of Escrow Agent: Georvetowa Title Company Address: 702 Rock street Georgetown, TX 78626 By: Phone & Fax: _(512)930-9200 (512)869-0999 Mike Cumberland E-mail:mike@qeorgetowntitle.net Page 12 of 12 Produced with ZIPFomw by RE FonnsNeL LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 vm Zlofann corn CTSUD-Avant 12 gi EXHIBIT E EA 99 30.00 ACRE TRACT OF LAND OUT OF THE JOSEPH FISH SURVEY, ABSTRACT NO. 232, WILLIAMSON COUNTY, TEXAS u:xL1E u9M1u)x) / ' / s. 9.465 e6A rwm tm-I-r / fGIA10 N 50'24-42- {ACTED 11.99 ACRES PARCEL NLL R 80 YAR PERPETUAL ROAR EASEMENT TO WWAMSW CO_ RIAS VG. 715. PAX 121, W.CDA nub: JANE 9. 1978 CALLED 1.07 ACRES PARCEL NO, 2 WOE EASEMENT FOR RIGHT -CF -WAY SECRETARY OF THE ARMY TO W AM56V CO.. RMS OACW63-2-78-0031 VOL. 215. PD. 110 W.C.OA. DIED: JUNE 9. 1970 - ROAD EASEMENT DACW63-2-94-0611 — CALLED 1223 ACRES EASEMENT TO RIGHT -Li -WAY SECRETARY OF THE ARMY TO W LIAMSON CO., TEXAS C3 L DACN63-2-04-06)1 M, DATED: VLY 1 1984 'A n, j MID n J � i m n '10O O CALLED 205112 ACRES , MCT I JAMES ROSS AVANT, ET M 71 TO J m M FOREST AVANT. ET W. 4 VCEWE 2334. PAGE 540 2'\_ OA.KC.L MCUD3Y. JULY 5. 1993 OWTCLAAI ANO CLMUNCAI.01 DEED CU DOMENT 099303. OR AC.T. EXECUTED: MAY 13. 1999 LEGEND S • 1/2'IRON ROD FOUND (UNLESS OTHERWISE NOTED) 0 - I1r R2ON ROO MTN PLASTIC CAP STAMPED 'WALLACE GROUP' FOUND O.P.RW.C.T. - OFFICIAL PUBUC RECORDS OF WIWAMSON COUNTY, TEXAS. O.R.W.C.T. - OFFICIAL RECORDS OF WTLLIAMSON COUNTY, TEXAS. W.C.D.R. - WILLIAMSON COUNTY DEED RECORDS .200• YMLAMS'JN CD, TEPA$ OACW63-2-94-0071 DARD JOLT 3, 1934 2229'Jr E - 177.64' 1222'57' E - 628.JJ' CALLID 249.00 ANTS TRACT NO. 105-1 D.B. WOW. ET 't- 70 LTO WIRD STATES CT AMERICA BY DIDWRACK4, OF tAMNC VOLUME 550. PAGE 553, WC.DR FILED: MAY IB, 1972 •' 4-5 0�� 2 J05 gP5 RP6 P 2277'or E - 68146• A2 13� W' 6Tg1� 5 SCALE. 1"=500' 5112,31- 4372.69, 1,228-05' 1 5 19TLT'404 • ]4' E W OM SMI -31- N 4.93'34' W Y .37524" S )]99'30' E 9' 1.9)0.06' 1LNL)O L- 46305' I - CN+ 46274 715,J6.. CO- 5 663397' E N 7j0950• A, - 5 9012'26' E 781.IT N 73955r W 3ry,OT 3/f NDN Roo 198.79'.N cuVCATrt FgnP M )7M.0',' N I ]1].01' � \ CALLED 16.21 ACRES NTN) -OF -WAY EASEMENT E*HRT 'A' JOAN WOOD AVANT S JAMS$ ROSS AVANT )0 MMIAMSON CD. TEXAS VOLUME 901, PADS 552 W.C.OA. E.DCUTEL: JMIJARY J. 1983 EXHIBIT "B" ADDENDUM TO THE COMMERCIAL CONTRACT— UNIMPROVED PROPERTY A. Section 1 of the Commercial Contract — Unimproved Property is hereby modified by adding the following: SELLERS. As that term is used in the Contract, Sellers shall consist of. Name Jamie A. De hle Jim F. Avant Jeff W. Avant Address 1 2200 Post Oak Blvd, #700 P. O. Drawer 9 City/State/ZipCity/State(Zip Houston, TX 77056 Dilley, TX 78017 Phone 713) 840-9414830) 965-1775 Fax (830)965-4338 email JFA@DAPLaw.com ip avantranchsales.com B. SALE UNDER THREAT OF CONDEMNATION: The parties agree that the sale of the Property is being made under the threat of condemnation. C. CONDITION OF SALE: 1. The Texas Commission on Environmental Quality ("TCEQ") has previously issued a Certificate of Convenience and Necessity ("CCN") granting Buyer the exclusive right to provide retail water service to a certain geographic area in Williamson County that includes a significant portion of the remaining lands owned by Seller adjacent to the Property ("Seller's Remaining Lands", as more particularly depicted on the attached exhibit). 2. Seller has requested, as a condition of the sale of the Property, that Buyer transfer the retail water service rights for Seller's Remaining Lands to the City of Georgetown. 3. Not later than the day of the closing of the sale of the Property, Buyer will enter into a formal written agreement with the City of Georgetown approving the transfer of retail water service rights for Seller's Remaining Lands to the City of Georgetown. 4. In the event that the sale of the Property does not close for any reason, Buyer shall have no obligation to transfer the retail water service rights for Seller's Remaining Lands to the City of Georgetown. D. CONFLICTS: In the event of a conflict between the provisions of this Addendum and the provisions of the Contract to which this Addendum is attached; the provisions of this Addendum shall prevail. IThe remainder of this page is blank] FRF BUYER: Chisholm Trail Special Utility District, or Assigns By: Gordon Eurom, President SELLER: By: Jamie A. Deyhle SELLER: By: Jim F. Avant SELLER: By: Jeff W. Avant EXHIBIT "B-1" Seller's Remaining Lands CCN CCN boundary graphic obtained from the City of Georgetown's GIS mapping system as of 06-24-09 Approved by the Texas Real Estate Commission for Voluntary Use Texas law requires all real estate licensees to give the following information about brokerage services to prospective buyers, tenants, sellers and landlords. Information About Brokerage Services Before working with a real estate broker, you should know that the duties of a broker depend on whom the broker represents. If you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who lists the property for sale or lease is the owners agent. A broker who acts as a subagent represents the owner in cooperation with the listing broker. A broker who acts as a buyer's agent represents the buyer. A broker may act as an intermediary between the parties if the parties consent in writing. A broker can assist you in locating a property, preparing a contract or lease, or obtaining financing without representing you. A broker is obligated by law to treat you honestly. IF THE BROKER REPRESENTS THE OWNER: The broker becomes the owners agent by entering into an agreement with the owner, usually through a written - listing agreement, or by agreeing to act as a subagent by accepting an offer of subagency from the listing broker. A subagent may work in a different real estate office. A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The buyer should not tell the owners agent anything the buyer would not want the owner to know because an owner's agent must disclose to the owner any material information known to the agent. IF THE BROKER REPRESENTS THE BUYER: The broker becomes the buyers agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyers agent can assist the owner but does not represent the owner and must place the Interests of the buyer first The owner should not tell a buyers agent anything the owner would not want the buyer to know because a buyer's agent must disclose to the buyer any material information known to the agent. IF THE BROKER ACTS AS AN INTERMEDIARY: A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an intermediary. The written consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the brokers obligations as an intermediary. The broker is required to treat each party honestly and fairly and to comply with The Texas Real Estate License Act. A broker who acts as an Intermediary in a transaction: (1) shall treat all parties honestty; (2) may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner, (3) may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer, and (A) may not disclose any confidential information or any information that a party specifically instructs the broker in writing not to disclose unless authorized in writing to disclose the information or required to do so by The Texas Real Estate License Act or a court order or if the information materially relates to the condition of the property. With the parties' consent, a broker acting as an Intermediary between the parties may appoint a person who is licensed under The Texas Real Estate License Act and associated with the broker to communicate with and tarty out instructions of one party and another person who is licensed under that Act and associated with the broker to communicate with and carry out instructions of the other party. If you choose to have a broker represent you, you should enter into a written agreement with the broker that clearly establishes the brokers obligations and your obligations. The agreement should state how and by whom the broker will be paid. You have the right to choose the type of representation, if any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. If you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before proceeding. Real estate licensee asks that you acknowledge receipt of this information about brokerage services for the licensee's records. Buyer, Seller, Landlord or Tenant Dale Texas Real Estate Brokers and Salespersons are licensed and regulated by the Texas Real Estate Commission (TREC). If you have a question or complaint regarding areal estate licensee. you should contact TREC at P.O. Box 12188. Austin, Texas 78711-2188 or 512485-3981). 01A (TAR -2501) 1/1/96 Brashear Propertics, Ltd. 2955 Dawn Dr., 4B, Georgetawa TX 78626 Phone. 5129305796 Fax: (512) 863-6818 Eicel Brashew Produced with ZlpFomt^ by RE Formstlet. LLC 18025 Fifteen Mlle Road. Clinton Tm,mship, Michigan 48035 w ,Zkform.cam n raxnaaer W"'Uxtr TREC No. OP -K Page 1 of 1 CTSUD-Avant 12 Council Meeting Date: October 13, 2009 Item No. AGENDA ITEM COVER SHEET SUBJI �: Forwarded from the GUS Board: Discussion and possible action regarding the Williamson County Regional Raw Water Line intake structure pumping upgrades planned by the Brazos River Authority. —Glenn Dishong. Water Services Director, Jim Briggs, ACM for Utility Operations. ITEM SUMMARY: The Williamson County Regional Raw Water Line (WCRRWL) is operated by the Brazos River Authority with ownership of the pipeline divided among five public water systems based upon their percentage of water rights in Lake Stillhouse Hollow and Lake Belton. The ownership percentages are as follows: Water Purveyer Water Rights Percentage Georgetown 25,448 acre -ft 41.64% Round Rock 18,134 acre -ft 29.67% Chisholm Trail SUD 11,100 acre -ft 18.16% Brushy Creek MUD 4,000 acre -ft 6.54% Jonah SUD 2,439 acre -ft 3.99% The current utilization of the existing pumps with a capacity of approximately 26 MGD, the potential for a continuation of the current drought conditions, and the long lead times associated with expanding the intake structure at Lake Stillhouse Hollow has led the BRA to pursue expansion of the intake structure to increase the firm pumping capacity to 40 MGD. The cost of adding two 2,500 HP pumps to the existing structure is expected to cost $5,000,000.00 or more with an installation date of June 2010. The BRA will fund the project through the use of excess construction funds from pipeline construction and addition funds to be supplied from the owners of the pipeline via an amendment to the existing WCRRWL contract by amortizing the cost of the pump additions over the remaining term of the pipeline debt. The impact to Georgetown would be debt service on approximately $2,000,000.00. The long lead times to acquire the additional pumps has also led to consideration of purchasing a spare 1,250 HP pump. The approximate cost of the spare pump (not including installation) is $800,000.00 with a delivery date of April 2010. GUS BOARD RECOMMENDATION: This item was unanimously recommended by the GUS Board for Council approval at the September 23, 2009, GUS Board meeting. STAFF RECOMMENDATION: Staff recommends that the BRA pursue the addition of two 2,500 HP pumps by June 2010 and that the BRA purchase spare parts for the existing pumps at a cost of approximately $60,000 instead of purchasing the additional 1,250 hp pump. FINANCIAL IMPACT: Debt service on approximately $2,000,000.00 (Approximately$160,000 per year to 2030) COMMENTS: Actual costs related to this agreement will be handled in a future amendment to the WCRRWL Pipeline agreement with the BRA. ATTACHMENTS: BRA Pump failure analysis, hase II p g estimate, 1,250 estimate Submitted By: Glenn Dishong Jim iCM for Water Services Directo itv a 'ons uguwu WCRRWL au[norl WCitRWL ry WL WCRRWL Phase 11 Pumping Project - as presented at 5/21/09 customer meeting Proposed FY 2010 Expenditures Round Rock Georgetown Jonah Chisholm Brushy Creek Total Pipeline Capacity 29.67% 41.64% 3.99% 18.16% 6.54% 100.00% FY 2007 Phase 11 Pumping Exyenses 890,070.52 145,765.96 1,249,063.33 204,557.85 119,713.36 544,820.93 196,331.87 3,000,000.00 BRA Staff Time 809.42 1,135.89 108.87 495.45 178.54 2,728.17 Advertising 10727 150.53 14.43 65.66 23.66 361.54 - Total FY 2007 Expenses 916.69 1,286.41 123.29 561.11 202.20 3,089.71 FY 2008 Phase It Pumping Exoenses 1,316,425.18 1,847,379.95 177,057.52 805,796.82 290,377.23 4,437,036.71 BRA Staff Time 3,886.64 5,454.24 S22.75 2,379.05 85732 13,100.00 EY 2009 Estimated Expenditures 337,461.91 S 473,570.67 $ 45,388.20 S 206,563.76 $ 74,437.39 S 1,137,421.92 Model Update Phase 74,975.98 105,216.10 10,084.17 45,893.54 16,538.21 252,708.00 Preliminary Engineering Services 67,644.17 94,927.15 9,098.06 41,405.66 14,920.96 227,996.00 Design Engineering Services 95,298.66 133,735.55 12,817.55 58,333.25 21,020.99 321,206.00 BRA Staff Time Total FY 2009 Est. Expenses 5.933.80 8,327.09 798.09 3,632.14 1 308 88 20 000.00 243,852.62 342,205.88 32,797.87 149,264.59 53,789.04 821,910.00 Proposed FY 2010 Expenditures Round Rock Georgetown Jonah Chisholm Brushy Creek Total Bidding & Award Pump/Motor/MCC manufacture 15,207.15 21,340.66 2,045.34 9,308.45 3,354.40 51,256.00 Pump & MCC installation/testing/start-up 890,070.52 145,765.96 1,249,063.33 204,557.85 119,713.36 544,820.93 196,331.87 3,000,000.00 BRA Staff time 809.42 1,135.89 19,605.34 89,224.78 32,153.07 491,307.00 Total FY 2010 Proposed Expenses 16 725.61 1,067,769.24 2347157 1,498,433.42 2,249.57 143,613.61 10 237.91 653,592.07 3,689.34 56 374.00 916.69 1,286.41 123.29 561.11 235,528.67 3,598,937.00 Grand Total Estimated Project Expenses 1,316,425.18 1,847,379.95 177,057.52 805,796.82 290,377.23 4,437,036.71 Protect Funding 3,886.64 5,454.24 522.75 2,379.05 85732 13,100.00 Excess Construction Funds (pg 13) $ 337,461.91 S 473,570.67 $ 45,388.20 S 206,563.76 $ 74,437.39 S 1,137,421.92 Carryover Funds Applied to Construction (pg 10) 4,803.49 6,741.40 645.97 2,940.05 1,058.81 16,189.72 Additional Amounts Contributed in FY 2009 67,644.17 94,927.15 9,098.06 34 261.32 14,920.96 34 261.32 Total Funding Provided $ 342,265.40 S 480,312.07 S 46,034.17 S 243,765.13 S 75,496.20 S 1,187,872.96 Additional Funding needed in FY 2010 $ 974,159.79 $ 1,367,067.88 $ 131,02335 S 562,031.70 $ 214,881.03 $ 32249,163.75 1 WCRRWL Phase 11 Pumping Project - Alternative Scenario Al (total project cost $5 million) Proposed FY 2010 Expenditures Bidding & Award Pump/Motor/MCC manufacture Pump & MCC installation/testing/start-up BRA Staff time Total FY 2010 Proposed Expenses Grand Total Estimated Project Expenses Proieet Fundine Excess Construction Fund& (pg 13) Carryover Funds Applied to Construction (pg 10) Additional Amounts Contributed in FY 2009 Total Funding Provided Additional Funding needed in FY 2010 15,207.15 Round Rock Georgetown Jonah Chisholm Brushy Creek Total Pipeline Capacity 29.67% 41.64% 3.99% 18.16% 6.54% 100.00% FY 2007 Phase 11 Pumping Expenses 233,174.41 3,562,963.29 34 261.32 145,765.96 480,312.07 204,557.85 BRA Staff Time 809.42 1,135.89 108.87 495.45 178.54 2,728.17 Advertising Total FY 2007 Expenses 107.27 150.53 14.43 65.66 23.66 361.54 916.69 1,286.41 123.29 561.11 202.20 3,089.71 EY 2008 Phase 11 Pumping Expenses 1,483,450.86 2,081,772.22 199,522.26 BRA Staff Time 3,886.64 5,454.24 522.75 2,379.05 85732 13,100.00 FY 2009 Estimated Expenditures Model Update Phase 74,975.98 105,216.10 10,084.17 45,893.54 16,53821 252,708.00 Preliminary Engineering Services 67,644.17 94,927.15 9,098.06 41,405.66 14,920.96 227,996.00 Design Engineering Services BRA Staff Time 95,298.66 133,735.55 12,817.55 58,333.25 21,020.99 321,206.00 Total FY 2009 Est. Expenses 5,933.80 8327 09 798.09 3,632.14 1308 88 20,000.00 243,852.62 342,205.88 32,797.87 149,264.59 53,789.04 821,910.00 Proposed FY 2010 Expenditures Bidding & Award Pump/Motor/MCC manufacture Pump & MCC installation/testing/start-up BRA Staff time Total FY 2010 Proposed Expenses Grand Total Estimated Project Expenses Proieet Fundine Excess Construction Fund& (pg 13) Carryover Funds Applied to Construction (pg 10) Additional Amounts Contributed in FY 2009 Total Funding Provided Additional Funding needed in FY 2010 15,207.15 473,570.67 21,340.66 2,045.34 $ 74,437.39 9,308.45 3,354.40 51,256.00 645.97 1,057,096.19 1,058.81 1,483,455.60 142,178.10 647,058.99 233,174.41 3,562,963.29 34 261.32 145,765.96 480,312.07 204,557.85 19,605.34 S 75,496.20 89,224.78 32,153.07 491,307.00 S 153,488.09 $ 16.725.61 S 251.723.58 23 471.57 2,249.57 10,237.91 3 689 34 56,374.00 1,234,794.91 1,732,825.68 166,078.35 755,830.13 272,371.22 4,161,900.29 1,483,450.86 2,081,772.22 199,522.26 908 034 88 327,219 78 5,000,000.00 S 337,461.91 S 473,570.67 S 45,388.20 S 206,563.76 $ 74,437.39 S 1,137,421.92 4,803.49 6,741.40 645.97 2,940.05 1,058.81 16,189.72 ' 34 261.32 - 34 261.32 S 342,265.40 S 480,312.07 S 46,034.17 S 243,765.13 S 75,496.20 S 1,187,872.96 S 1,141,185.46 5 1,601,460.15 S 153,488.09 $ 664 269.76 S 251.723.58 S 3 812 127.04 WCRRWL Phase 11 Pumping Project - Alternative Scenario #2 (total project cost S6 million) Round Rock Georgetown Jonah Chisholm Brushy Creek Total Pipeline Capacity 29.67% 41.64% 3.99% 18.16% 6.54% 100.00% FY 1007 Phase II Pumoine Expenses 29.67% 41.64% 3.99% 18.16% 6.54% 100.000/6 BRA Staff Time 809.42 1,135.89 108.87 495.45 178.54 2,728.17 Advertising 107.27 150.53 14.43 65.66 23.66 361.54 Total FY 2007 Expenses 916.69 1,286.41 123.29 561.11 202.20 3,089.71 FY 2008 Phase 11 Pumping Expenses 916.69 1,286.41 123.29 561.11 20220 3,089.71 BRA Staff Time 3,886.64 5,454.24 522.75 2,379.05 857.32 13,100.00 FY 2009 Estimated Expenditures 1,119,044.08 403,259.13 6,161,900.29 2,076,831.20 2,914,481.11 Model Update Phase 74,975.98 105,216.10 10,084.17 45,893.54 16,538.21 252,708.00 Preliminary Engineering Services 67,644.17 94,927.15 9,098.06 41,405.66 14,920.96 227,996.00 Design Engineering Services 95,298.66 133,735.55 12,817.55 58,333.25 21,020.99 321,206.00 BRA Staff Time 5,933.80 8,327.09 798.09 3.632.14 1.308 88 20,000.00 Total FY 2009 Est. Expenses 243,852.62 342,205.88 32,797.87 149,264.59 53,789.04 821,910.00 Proposed FY 2010 Expenditures Bidding & Award 15,207.15 21,340.66 2,045.34 9,308.45 3,354.40 51,256.00 Pump/Motor/MCC manufacture 1,353,786.36 1,899,810.05 182,082.55 828,665.97 298,618.37 4,562,963.29 Pump & MCC installation/testing/start-up 145,765.96 204,557.85 19,605.34 89,224.78 32,153.07 491,307.00 BRA Staff time 16 725.61 23,471.57 2,249.57 10,237 91 3,689.34 56 37400 Total FY 2010 Proposed Expenses 1,531,485.08 2,149,180.13 205,982.80 937,437.10 337,815.17 5,161,900.29 Grand Total Estimated Project Expenses 1,780,141.03 2.498,126.67 239,426.71 1,089,641.86 392,663.73 6,000,000.00 Protect Funding Excess Construction Funds (pg 13) S 337,461.91 $ 473,570.67 $ 45,388.20 $ 206,563.76 $ 74,437.39 S 1,137,421.92 Carry-over Funds Applied to Construction (pg 10) 4,803.49 6,741.40 645.97 2,940.05 1,058.81 16,189.72 Additional Amounts Contributed in FY 2009 - - 34,261.32 34 261.32 Total Funding Provided S 342,265.40 S 480,312.07 S 46,034.17 S 243,765.13 S 75,49610 S 1,187,872.96 Additional Funding needed in FY 2010 S 1,437,875,64 S 2,017,814.60 S 193,392.54 S 845,876,73 S 317 167.53 S 4,812,127.04 WCRRWL Phase 11 Pumping Project - Alternative Scenario 42 (total project cost $7 million) Round Rock Georgetown Jonah Chisholm Brushy Creek Total Pipeline Capacity 29.67% 41.64% 3.99% 18.16% 6.54% 100.000/6 EY 2007 Phase 11 Pumoine Expenses 10,084.17 45,893.54 16,538.21 252,708.00 67,644.17 94,927.15 BRA Staff Time 809.42 1,135.89 108.87 495.45 178.54 2,728.17 Advertising 107.27 150.53 14.43 65.66 23.66 36154 Total FY 2007 Expenses 916.69 1,286.41 123.29 561.11 20220 3,089.71 FY 2008 Phase II Pumping Expenses BRA Staff Time FY 2009 Estimated Expenditures Model Update Phase Preliminary Engineering Services Design Engineering Services BRA Staff Time Total FY 2009 Est. Expenses Proposed FY 2010 Expenditures Bidding & Award Pump/Motor/MCC manufacture Pump & MCC installation/testing/start-up BRA Staff time Total FY 2010 Proposed Expenses Grand Total Estimated Project Expenses Protect Funding Excess Construction Funds (pg 13) Carty -over Funds Applied to Construction (pg 10) Additional Amounts Contributed in FY 2009 Total Funding Provided Additional Funding needed in FY 2010 3,886.64 5,454.24 522.75 2,379.05 $57.32 13,100.00 74,975.98 105,216.10 10,084.17 45,893.54 16,538.21 252,708.00 67,644.17 94,927.15 9,098.06 41,405.66 14,920.96 227,996.00 95,298.66 133,735.55 12,817.55 58,333.25 21,020.99 321,206.00 5,933.80 8,327.09 798.09 3,632 14 1,308.88 20 000 00 243,852.62 342,205.88 32,797.87 149,264.59 53,789.04 821,910.00 15,207.15 21,340.66 $ 45,388.20 2,045.34 9,308.45 1,137,421.92 3,354.40 6,741.40 51,256.00 2,940.05 1,650,476.54 2,316,164.49 221,987.00 1,010,272.94 74,261.32 364,062.32 34,261.32 5,562,963.29 S 480,312.07 145,765.96 204,557.85 S 75,496.20 S 19,605.34 89,224.78 S 2,434,169.04 32,153.07 S 1,027,483.71 491,307.00 5,812 127 04 _ 16,725.61 23,471.57 2,249.57 10,237 91 3,689.34 56 374 00 1,828,175.26 2,565,534.57 245,887.25 1,119,044.08 403,259.13 6,161,900.29 2,076,831.20 2,914,481.11 279,331.16 1,271,248.83 458,107.69 7,000,000.00 $ 337,461.91 S 473,570.67 $ 45,388.20 $ 206,563.76 S 74,437.39 S 1,137,421.92 4,803.49 6,741.40 645.97 2,940.05 1,058.81 16,189.72 74,261.32 34,261.32 S 342,265.40 S 480,312.07 S 46,034.17 S 243,765.13 S 75,496.20 S 1,187,872.96 S 1,734,565.81 S 2,434,169.04 S 233,296.99 S 1,027,483.71 $ 382,611.49 S 5,812 127 04 WCRRWL Vulnerabilities, Prevention and Remediation Replace Repair Possibility of Criticality of failure 1 -low fallure 14ow Delivery Time Delivery Time. Item 10 -high 10-h1 h Precaution weeke/source Cost Action weekslsource Cost De very line to projects to is Maintain open the largest available. Grid communications capacitors are switched on to Power Delivery with Oncor prevent low voltage surge Failure 1 10 1-10 delivery. NIA during start up. variable shut down during Austin Armature can provide major storm 26/CDM 430- quick turn around, bearings Motor Failure 7 10 events 09 report are In spare parts Inventory. 0,61staff shut down during Parts available with 1 to 2 day _ major storm 261CDM 4-30- delivery through Reynolds and MCC Failure 7 10 events 09 report Summers Fleclric. D.Slstaff Pump bottom end M&0 to (bowls, impellers, manufacturer 8-121 maintain spare parts, see bels) 5 5 secs manufacturer attached quote 2/astimate $58,068.00 machining available locally, parts available on a regional basis, column and shaft could Pump midsection - M&0 to be shortened to maintain (bearings, column, manufacturer 4-6/ operations, there would be shaft) 5 5 specs Imanufacturer some capacity loss. Vestimate M&O to Pump top end - manufacturer 14/ (head casting) 1 5 specs manufacturer replace NIA Insert spool and continue operations in manual until 1 M&0 to repairs are completed, some Control valve manufacturer exposure to pump damage in Failure 4 1 5 Ispecs I Itheeventafa ower outage. WCRRWL Vulnerabilities, Prevention and Remediation BRA has verbally solicited and obtained a commitment of equipment and expertise support from the original constructor, MW Builders of Temple, should the pump need to be pulled and repaired. Have also contacted Smith Pump for standby support status. G DRAFT Replace Repair Possibllitycf Crlticali[yof failure 1 -low failure 1 -low Delivery Time- Delivery Time. Item 10-h1 h 10 -high Precaution weekslsource Cost Action weekelsource Coat out and continue operations in manual until repalrs are Moto completed, some exposure to Surge valve & manufacturer pipeline damage In the event rupture disc failure 7 4 specs of a power outage. Contract repair using Chasoo regular Constructlon 512-848-4051 or 1/CDM 4-30-09 Pi ellne 9 5 ins eclions 21mo nla Bell Contractors 254-534-1472 report M&0 to Air Release manufacturer Standard Operating Procedure Valves 7 2 secs to rebuild in place 0.17staff BRA has verbally solicited and obtained a commitment of equipment and expertise support from the original constructor, MW Builders of Temple, should the pump need to be pulled and repaired. Have also contacted Smith Pump for standby support status. G DRAFT Quantity Description pieces of packing # 549146-1137 ring packing 0.375 $Q x 11.938 35 LG JC100-M Lantern rings # A 547295-1023 Lantern ring size 3.438 x 4.250 x 8 0.875 932 brass 4 4 0 -rings 7.500 x 8.000 x 0.250 # 305443-1014 BUNA N O -rings 21.000 x 21.250 x 0-125 # 303287-1014 Pacific Rubber and 54 Packing Phone # 1 650-595-5888 Part # 21000-139 N70 Marine bearings bushing type 3.438 x 4.250 x 7.500 these are 24 brass with rubber splines in the inside # 762522-16264 8 Bowl wear rings 28MK # 546309-1037 CA 955 8PASS 8 Impeller wear rings 28MK # 54308-1033 964 BRASS 1 SKF Bearing # 6228 - 2840500 This part is the lower motor bearing 1 NSK Bearing and race # 29434 Rupture Disc, 16" X 3115" SS, type SFAZ, rupture rating 275 psi at 2 72 degrees F, Zook enterprises, LLP (TO) CDM Attn: David Briggs SULZER Ron Derrick Sulzer Pumps (US) Inc. Water Resources 800 Koomey Road BrcOluNre, Texas 77423 Phone 281-934-6312 Fax 281-934-8334 Ron. DerrickQsulzer.com September 1, 2009 Your Reference: Williamson County Regional Raw Water System Phase 2 Pump Expansion 1250Hp Optional Pump Sulzer Project ID: USA.9885-WWR.09.0387-F0, Optional 1250hp Unit David, We appreciate the opportunity to quote the additional 1250hp unit for the Williamson Co. Regional Raw Water System. We have reviewed our production schedules and the schedules provided by the motor manufacture and are pleased to offer you the below options. Delivery Option # 1 Price $ 634,750.00 Pump supplied with GE Motor Performance Testing with Lab Motor @ reduced speed Equipment Delivery 16 —18 Weeks After Approval Delivery Option # 2 Add to Above Price $ 3,900.00 Pump supplied with GE Motor Performance Testing with Job Motor Witness Travel Not Included Equipment Delivery 21 - 23 Weeks After Approval Allen Bradley Starter Price $ 113,429.00 Factory Witnessed Testing Adder $ 5,625.00 The above quoted deliveries are very aggressive and due to this our quote is based no NO Liquidated Damages being accepted. If LD's have to be accepted, please add a 4 weeks Grace Period before LD's Will begin. If you need any additional information or have any questions, please give us a call. Sincerely, Ron Derrick Attachments: Commercial Conditions Scope of Supply Sulzer Pumps Standard Terms and Conditions of Sale Performance Curves Page 1 of 9 SULZER COMMERCIAL CONDITIONS Scope of Supply The extent of our scope of supply is strictly limited to what is described in the section Scope of Supply / Schedule of Prices and Data Sheets. Any additional requirements of equipment, components, accessories, tests, services or documentation will be subject to our previous evaluation and price adders / Lead time increments. Our subsupplier's exceptions and clarifications as noted in the subsupplier's quotation attached hereto will apply. Basis of Price The prices stated in the section Scope of Supply / Schedule of Prices are in USD and are EXW - Factory. Prices are fixed for the duration of the contract for purchase orders placed during the tender validity period and upon Sulzer's written confirmation, considering that the payment will be executed strictly in accordance with the conditions agreed and that contract duration will not exceed 12 months. Prices are quoted on the basis that the order would not be subdivided, but should this become unavoidable we would reserve the right to re-evaluate our offer. In the case of modifications in the current applicable Laws that may carry out any influence in this present negotiation, we reserve the right to redefine, upon mutual agreement, the terms of this offer. Packing and Coating Unless otherwise stated in the section Scope of Supply / Schedule of Prices, the equipment will be packed in the plant for domestic transportation and loaded onto qualified transport vehicles. Unloading at the point of destination is excluded. Unless otherwise stated in the section Scope of Supply / Schedule of Prices, the equipment will be provided with our standard Sulzer coating suitable for the pump material. Lead Time Lead Time is indicated in the section Scope of Supply / Schedule of Prices and represents our current manufacturing load capability and stock availability. Detailed project schedules shall be provided by Project Management upon acceptance of a Purchase Order contract. Partial deliveries shall be allowable. Terms of Payment Our proposal is based on the following payment terms: For Purchase orders less than $250,000: 100% Net 30 days from date of shipment. For Purchase orders greater than $250,000, the following progress payments will apply: 15% upon delivery of Submittal Drawings 35% after notice to Buyer of delivery to Seller major castings 20% upon notice that Seller has completed the machining 30% upon notice that Seller is ready to ship Alternative payment terms may be discussed during the proposal stage. Page 2 of 9 SULZER Billing Address If a Purchase Order should result from this proposal, please issue the Purchase Order to Sulzer Pumps Houston Inc. and address as follows: Sulzer Pumps Houston, Inc. 800 Koomey Rd. Brookshire, TX 77423 Validity This proposal will remain valid for 60 days from its date. Liquidated Damages For Purchase orders requiring Liquidated Damages, the term and amount must be agreed upon by Sulzer prior to order acceptance. Terms and Conditions of Sale Sulzer Pumps Houston Inc. Standard Terms and Conditions of Sale, Rev. 5, 11 November 2004, enclosed, are fully applicable except for the points differently disposed in this proposal. Available Specifications and Documentation This offer was prepared based on the following data: Document Description 11212 Vertical Turbine Pumps 16206 Medium Voltage Induction Motors 16485 Medium Voltage Solid State Starter 16380 5 kv Load Interrupter Switchgear Addendae # 1 & 2 If any additional documents are applicable to this project, please provide to Sulzer during the bid stage so that we may confirm the terms of this Proposal. No other documents can be invoked as a part of a contract arising from this proposal if not listed above. Page 3 of 9 SULZER Sulzer Pumps Houston Inc. Standard Terms and Conditions of Sale SECTION 1; THE CONTRACT The Contract shall be comprised of the following terms, together with such terns and conditions as are set forth in Sellers written proposal or quotation (the "Quotation'), including any documents, drawings or specifications incorporated therein by reference, and any additional or different terms proposed in Buyers purchase order (the "Purchase Order") that are accepted by Seller in writing, which together shall constitute the entire agreement between the parties, provided, however, that preprinted terms on Buyers purchase order or invoice shall not apply and Seller gives notice of objection to such terms. An offer by Seller in its Quotation that does not stipulate an acceptance date is not binding. This Contract shall be deemed to have been entered into upon written acknowledgment of the Purchase Order by an officer or authorized representative of Seller, which may not be modified, supplemented, or waived except in a writing executed by an authorized representative of the party to be bound. SECTION 2: PRICE The price quoted in the Quotation shall be the Purchase Price unless otherwise agreed in the Purchase Order. The Purchase Price for equipment shall include packing for shipment Field Services shall be provided at Seller's standard rates. All other costs, including packing for storage, freight, insurance, taxes, customs duties and import/export fees, or any other item not specified in the Contract, shall be paid by Buyer unless separately stated in the Quotation and included in the price quoted. Any sales, use, or other taxes and duties imposed on the transaction or the equipment supplied shall be paid or reimbursed by Buyer. SECTION 3: PAYMENT TERMS Payment shall be due within 30 days of the date of Sellers invoice in U.S. funds unless otherwise agreed. If Buyer does not observe the agreed dates of payment, Buyer shall pay interest to Seller on overdue amounts at a rate that is the higher of 9% per annum or a rate 5% in excess of the rate bome from time to time by new issues of six-month United States Treasury bills. Seller shall be entitled to issue its invoice for the Purchase Price for equipment upon the earlier of shipment, or notice to Buyer that Seller is ready to ship, and for services, upon completion. If the Purchase Price exceeds $250,000 USD, Buyer shall pay the Purchase Price in Progress payments as follows: Fifteen percent (15%) upon submittal of general arrangement drawings, thirty five percent (35%) after receipt of first Bowl Casting, twenty percent (20%) after first case/bowl hydro test or bowl machining and thirty percent (30%) after notification of ready to ship. SECTION 4: ACCEPTANCE AND INSPECTION All equipment shall be finally inspected and accepted by Buyer within 14 days after delivery or such other period of time as is agreed in the Purchase Order. Buyer shall make all claims (including claims for shortages), excepting only those provided for under the warranty clause contained herein, in writing within such 14 -day period or they are waived. Services shall be accepted upon completion. Buyer shall not revoke its acceptance. Buyer may reject the equipment only for defects that substantially impair its value, and Buyers remedy for lesser defects shall be in accordance with Section 10, Warranty. If tests are made by Buyer to demonstrate the ability of the equipment to operate under the contract conditions and to fulfill the warranties in Section 10, Buyer is to make all preparations and incur all expenses incidental to such tests. Seller will have the right of representation at such tests at its expense, and the right to technically direct the operation of the equipment during such tests, including requiring a preliminary run for adjustments. SECTION 5: TITLE AND RISK OF LOSS Full risk of loss (including transportation delays and losses) shall pass to Buyer upon delivery, regardless of whether title has passed to Buyer, transport is arranged or supervised by Seller, or start-up is carried out under the direction or supervision of Seller. Delivery shall be ex works, INCOTERMS 2000. Loss or destruction of the equipment or injury or damage to the equipment that occurs while the risk of such loss or damage is bome by Buyer does not relieve Buyer of its obligation to pay Seller for the equipment. SECTION 5: PATENT OR TRADEMARK INFORMATION If the equipment solo hereunder is to be prepared or manufactured according to Buyers specifications, Buyer shall indemnify Seller and hold it harmless from any claims or liability for patent or trademark infringement on account of the sale of such goods. SECTION 7: CHANGES Buyer may request, in writing, changes in the design, drawings, specifications, shipping instructions, and shipment schedules of the equipment. As promptly as practicable after receipt of such request, Seller will advise Buyer what amendments to the Contract, if any, may be necessitated by such requested changes, including but not limited to amendment of the Purchase Price, specifications, shipment schedule, or date of delivery. Any changes agreed upon by the parties shall be evidenced by a Change Order signed by both parties. Page 4 of 9 SULZER SECTION 8: CANCELLATION OR TERMINATION Buyer shall have the right to cancel the Contract upon 15 days' prior written notice to Seller, and Seller shall stop its performance upon the receipt of such notice except as otherwise agreed with Buyer. If Buyer cancels the Contract, it shall pay: (a) the agreed unit price for equipment or components completed and delivered, (b) additional material and labor costs incurred, and for engineering services supplied by Seller with respect to the canceled items, which shall be charged to Buyer at Seller's rates in effect at the time of cancellation, but which shall not exceed the contract price for such items, and (c) such other costs and expenses, including cancellation charges under subcontracts, as Seller may incur in connection with such cancellation or termination. SECTION 9: DELIVERY AND DELAYS Seller shall use its best efforts to meet quoted delivery dates, which are estimated based on conditions known at the time of quotation. Seller shall not be liable for any nonperformance, loss, damage, or delay due to war, riots, fire, flood, strikes or other labor difficulty, governmental actions, acts of God, acts of the Buyer or its customer, delays in transportation, inability to obtain necessary labor or materials from usual sources, or other causes beyond the reasonable control of Seller. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended to reflect the length of time lost by reason of such delay. Seller shall not be liable for any loss or damage to Buyer resulting from any delay in delivery. SECTION 10: WARRANTY Seller warrants that the equipment or services supplied will be free from defects in material, and workmanship for a period of 12 months from the date of initial operation of the equipment, or 18 months from the date of shipment, whichever shall first occur. In the case of spare or replacement parts manufactured by Seller, the warranty period shall be for a period of six months from shipment. Repairs shall be warranted for 12 months or, if the repair is performed under this warranty, for the remainder of the original warranty period, whichever is less. Buyer shall report any claimed defect in writing to Seller immediately upon discovery and in any event, within the warranty period. Seller shall, at its sole option, repair the equipment or furnish replacement equipment or parts thereof, at the original delivery point. Seller shall not be liable for costs of removal, reinstallation, or gaining access. If Buyer or others repair, replace, or adjust equipment or parts without Seller's prior written approval, Seller is relieved of any further obligation to Buyer under this section with respect to such equipment or parts. The repair or replacement of the equipment or spare or replacement parts by Seller under this section shall constitute Seller's sole obligation and Buyer's sole and exclusive remedy for all claims of defects. SELLER MAKES NO OTHER WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE EQUIPMENT OR SERVICES OTHER THAN AS SPECIFIED IN THIS SECTION 10. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. For purposes of this Section, the equipment warranted shall not include equipment, parts, and work not manufactured or performed by Seller. With respect to such equipment, parts, or work, Seller's only obligation shall be to assign to Buyer any warranty provided to Seller by the manufacturer or supplier providing such equipment, parts or work. No equipment furnished by Seller shall be deemed to be defective by reason of normal wear and tear, failure to resist erosive or corrosive action of any fluid or gas, Buyers failure to property store, install, operate or maintain the equipment in accordance with good industry practices or specific recommendations of Seller, or Buyers failure to provide complete and accurate information to Seller concerning the operational application of the equipment. SECTION 11: TECHNICAL DOCUMENTS Technical documents fumished by Seller to Buyer, such as drawings, descriptions, designs and the like, shall be deemed provided to Buyer on a confidential basis, shall remain Sellers exclusive property, shall not be provided in any way to third parties, and shall only be used by Buyer for purposes of installation, operation and maintenance. Technical documents submitted in connection with a Quotation that does not result in a Purchase Order shall be returned to Seller upon request. SECTION 12: LIMITATION OF LIABILITY Seller shall in no event be liable for any consequential, incidental, indirect, special or punitive damages arising out of the Contract, or out of any breach of any of its obligations hereunder, or out of any defect in, or failure of, or malfunction of the equipment, Including but not limited to, claims based upon loss of use, lost profits or revenue, interest, lost goodwill, work stoppage, impairment of other equipment, environmental damage, nuclear incident, loss by reason of shutdown or nonoperation, increased expenses of operation, cost of purchase of replacement power or claims of Buyer or customers of Buyer for service Interruption whether or not such loss or damage is based on contract, tort (including negligence and strict liability) or otherwise. Sellers maximum liability under this Contract shall not exceed the Purchase Order amount of the equipment or portion thereof upon which such liability is based. All such liability shall terminate upon the expiration of the warranty period, if not sooner terminated. Page 5 of 9 5ULZER SECTION 13: THIS COMPANY IS AN EQUAL OPPORTUNITY EMPLOYER This agreement incorporates by reference applicable provisions and requirements of Executive Order 11246 and FAR Section 52.222-26 (covering race, color, religion, sex and national origin); the Vietnam Era Veterans Readjustment Assistance Act of 1974 and FAR Section 52.222-35 (covering special disabled and Vietnam era veterans); and the Rehabilitation Act of 1973 and FAR Section 52.222-36 (covering handicapped individuals). By acceptance of this agreement Buyer certifies that it does not and will not maintain any facilities in a segregated manner, or permit its employees to perform their services at any location under its control where segregated facilities are maintained, and further that appropriate physical facilities are maintained for both sexes. Buyer agrees that it will obtain a similar certificate prior to award of any nonexempt lower -tier subcontracts. SECTION 14: LAW AND ARBITRATION The Contract shall be•governed by the law of the State of Texas. Any disputes arising out of this Contract shall be resolved by informal mediation in any manner that the parties may agree within 45 days of written request for mediation by one party to the other. Any dispute that cannot be resolved through mediation shall be resolved by binding arbitration conducted in English in Portland, Oregon under the Commercial Rules of the American Arbitration Association except as otherwise provided in this Section. The arbitration shall be conducted by three arbitrators chosen in accordance with said Rules. The arbitrators are not entitled to award damages in excess of compensatory damages. Judgment upon the award may be entered in any court having jurisdiction. Page 6 of 9 SULZER PUMP Item I RWP-103 9 RWP-104 Qty. Description and Scope of Supply Total Price USD 1 Model: 27CC-3 Stage product lube bowl assembly designed for 10,000 GPM at 380 ft TDH at 1200 RPM. Pump EFF is 83.8%. Total pump length is approximately 122' 9"'. Bowl Assembly: • Bowl, Ductile iron • Suction Bell,Ductile Iron • Sand Collar, Bronze • Impeller, AI-Brz • Impeller Ring, AI-Brz • Bearings, Brz • Shaft, 416SS • Keys, 416SS • Bolting, 316SS • Coating, Carboline 891 ( See attached Data Sheet) Discharge Head: • Type JTAF Fabricated Steel discharge head with a 20" 300# discharge flange. • Cast Iron Packing Box with Packing • Shaft Sleeve, 304SS • FB Adjustable Spacer Coupling, Steel — Zinc plated • Hinged Coupling Guard, Aluminum • Coating, Carboline 891 ( See attached Data Sheet) Column Assembly: • Approximately 108' of 20"product lubricated flanged steel column assembly with 3.1875" 416SS line shaft and keyed couplings. • Bearing Retainers, Steel • Rubber bearings • Pre -lube piping to bearings above minimum water level to lubricate the bearings before startup. • Bolting, 316SS with O-ring gaskets • Coating, Carboline 891 ( See attached Data Sheet) Page 7 of 9 SULZER 1 Can: Description and Scope of Supply Total Price USD • 54" diameter approximately 83' long with two 48" AWWA 1250 HP, 1200 RPM, 3/60/4160 Volt, VSS, NNR, WP -11 Class 'D" suction flanges. Can sections shall be a motor. See attached motor proposal for Clarifications and maximum of 18' long with AWWA Class "D" flanges, Exceptions. 316SS bolting and O-ring gaskets. • Can to have lifting lugs, Straightening vanes and a splitter at bottom of can to prevent vortexing. • Coating, Carboline 891 ( See attached Data Sheet) Testing: • Non -witnessed performance test with job motor • Non -witnessed hydrostatic test of bowl assembly. • Vibration Test for record only due to test lab setup i.e. piping & foundation), Other: • Lateral and critical speed analysis • Torsional Analysis • Finite Element Analysis • Heat treatment certificates for Discharge head, & Column, • Mill certification on impellers • Impellers balanced to ISO Grade G2.5 with balance certificates provided. Driver Item Qty. Description and Scope of Supply Total Price USD 1 1250 HP, 1200 RPM, 3/60/4160 Volt, VSS, NNR, WP -11 motor. See attached motor proposal for Clarifications and Exceptions. Switchgear & Item I Qty I Description and Scope of Supply I Total Price USD I See Rockwell Automation Quotation No: BRAZOS_AK attached starter proposal for Clarifications and Exceptions. Page 8 of 9 SULZER Clarifications and Exceptions Please note that Vendor supplied exceptions and clarifications may be provided on their letterhead as an attachment to this tender. Specification Pg. / Para. Description 11212 1/1.01A Equipment required for field testing is to be provided by the successful contractor. 11212 6/1.05G2 Pumps will meet "Vibration Limits" as defined by the Hydraulic Institute Standards for centrifugal pumps in the field only. 11212 10/1.09A Special tools are not required. 11212 11/1.09C By installing contractor. 11212 11/1.10A Sulzer Pumps standard warranty against defects in materials and workmanship shall apply for a period of two years after shipment with Push/Pull expenses limited to 5% of the contract price. 11212 12/1.10C4 Applies only to design GPM and TDH. 11212 16/2.058 Per 10 foot section of shafting. 11212 23/2.14 All wetted ductile iron and steel parts will be painted with Carboline 891 an NSF 61 approved paint for potable water (see attached data sheet). 11212 24/2.14C2 Factory vibration test will be for record only due to test lab setup ( i.e. piping & foundation). 11212 25/3.01 Installation is the responsibility of the successful contractor. 16206 Motor See attached Motor proposal for Clarifications and Exceptions. 16485 Starter See attached Starter proposal for Clarifications and Exceptions. 16380 Interrupter See attached Switchgear proposal for Clarifications and Switchgear Exceptions. Page 9 of 9 Inquiry NumberAD Item number : 1250hp Unit Service : Raw Water Quantity of pumps : 1 rated (requested) rated (actual) 1 pressure, rated / max available, rated Impeller diameter, rated Impeller diameter, maximum Impeller diameter, minimum Efficiency (bowl / pump) NPSH required / margin required Ns (imp. eye flow) I Nss (imp. eye flow) MCSF Head, maximum, rated diameter Head rise to shutoff Flow, best eff. point (BEP) Flow mOo (rated I BEP) Diameter ratio (rated I max) Head ratio (rated dia I max dia) Cc/Ch/Ce (ANSUHI 9.6.7.20041 Selection status 120 640 see 480 e 400 320 240 180 80 0 1,000 g 1,200 $ 900 400 / size Based on curve number Date of Last Update : lu,uuu.0 USgpmLgUId type 380.0 It Additional liquid descdption :382.0 It Solids diameter, max 0.00 10.00 psi.g Temperature, max Ample Fluid density, rated / max :60 Hz Viscosity, rated U5A.9805-VVWR.09.U301-FU SJT-27CC 3 SJT-860.001-83.11-00 Rev 27CC 01 Seo 2009 4:00 AM 0.00 In 68.00 deg F 0.998 10.998 SG 1.00 cP 1,1911 rpm �IPrliilill11111 21.22 In Material requested : Auto 21.25 In Material selected : 1-1 Cast Iron Bowl, AL. Bronze :19.50 In IIIII Impeller :84.92/83.80 % '1• (' • % 30.91 ! 3.00 It Maximum working pressure :183.5 psl.g :3.02619,260 US Units Maximum allowable working pressure : 285.0 psl.g :2.543.5 USgpm Maximum allowable suction pressure : 150.0 psi.g : 616.3 k H rostatic lest pressure : 275.0 psi.g 59.87 % I 9,773.3 USgpm Driver sizing spedflcation Maximum power :102.32 % Margin over specification : 0.00 % :99.86 % Service factor :1.15 : 99.01 % Power, hydraulic : 972 hp :1.0011.0011.00 Power (bowl /pump) :1,144/1,147 hp Acceptable Power, maximum, rated diameter : 1,163 hp Minimum recommended motor rating : 1,250 hp 1932 k Borg perfa ww. Correcwd for wnmxtim eM vl•coalty. lRUNINN IIIII RR99IN � RSI' �5�95919d�35A:a4fm�aemaeaemeeeRR:��••■■■■��•na IN,Big I inumMlinuffiniall UK man lRUNINN IIIII RR99IN � RSI' �5�95919d�35A:a4fm�aemaeaemeeeRR:��••■■■■��•na illuminilim ion 912imum m.rr�rr4Yirii�ii mmiimmmulmiuulml II31N�9lulli�IN too 90 so 70 80 s0 40 w 30 20 10 _ 0 1,OOD 2,008 3,000 4.008 8,008 8,000 7,000 8,000 9,088 10,000 11,000 17,080 13.000 14,000 16,008 plow -Hamm illkA#-J Pump Performance - Additional Data Customer : Brazos River Authority Sulzer Reference ID : USA.9885-W WR.09.0387-FO Inquiry Number/ID Pump type I size : SJT-27CC Item number : 1250hp Unit Stages : 3 Service : Raw Water Pump speed, rated : 1,190 rpm Quantity of pumps : 1 Inlellicode Date of Last Update : 01 Sep 2009 4:00 AM Head, maximum diameter, rated flow :389.4 R Stages, maximum .10 Head, minimum diameter, rated flow : 285.311 Stages, minimum : 1 Head, maximum, rated diameter :616.3 If Pump speed limit, maximum : 1,200 rpm Efficiency adjustment factor, total :0.99 Pump speed limit, minimum : 350 rpm Equivalent power loss :11.71 hp Curve speed limit, maximum : 1,200 rpm Head adjustment factor, total :1.00 Curve speed limit, minimum : 350 rpm Flux adjustment factor, total :1.00 Solids diameter limit :1.881n NPSH required adjustment factor, total :1.00 Driver speed, full load : 1,180 rpm NPSH margin dictated by pump supplier : 3.008 NPSH margin dictated by user : 0.00 ft Driver speed, rated lead : 1,182 rpm NPSH margin used (added lo'required'velues) 3.00 it Driver efficiency, 100% load : N/A • Driver efficiency, 75% load : WA Torque, rated power : 96.39 hp/100 rpm Driver efficiency, 50% load : N/A Torque, maximum power : 97.75 hp/100 rpm Torque, driver power :105 hp/100 rpm Torque, pump shaft limit : 128 hp/1 DO rpm Radial load, rated , Radial bad limit - Various r Performance • • , Shutoff, rated diameter 0.00 618.3 - - 885 Shutoff, maximum diameter 0.00 620.6 - 892 MCSF 2,543.5 558.5 37.90 - 945 Rated ffow. minimum diameter 10,000.0 285.3 80.29 - 896 Rated flow, maximum diameter 10,000.0 389.4 85.07 - 1,154 BEP now, rated diameter 9,773.3 392.9 86.00 29.54 1,139 120% rated flow, rated diameter 12,000.0 298.8 78.59 54.15 1,150 Maximum flow, rated diameter 12,944.0239.8 jl 71.55 72.55 1,093 Maximum flow, minimum diameter 11,4220 216A 73.62 45.26 842 Maximum gow, maximum diameter 13,002.8 1 240.8 1 71.47 1 73.85 1 1,103 Maximum value, rated diameter - 818.3 85.00 - 1,163 Maximum value. maximum diameter - - 85.13 - 1,171 Differential Pressure @ Density, Differential pressure, rated flow, rated diameter (psi) 166.8 166.8 Differential pressure, shutoff, rated diameter (psi) 266.7 266.7 Differential pressure, shutoff, maximum diameter (psi) 268.6 268.6 Discharge Pressure @ Suction Pressure, @ Suction pressure; Suction pressure, Suction pres,sum, rated Discharge pressure, rated flow, rated diameter (psi.g) 186.8 max 166.8 rated 168.8 max 166.8 Discharge pressure, shutoff, rated diameter (psi.g) 266.7 266.7 266.7 266.7 Discharge pressure, shutoff, maximum diameter (psi.g) 268.6 268.6 268.6 268.6 Maximum flow / rated lbw, rated diameter 129.44% 1 Head rated diameter/ head minimum diameter, rated Mw 135.14%-1 Page 2 of 5 liustomer : tlrazos Kwer Aumonty Sulzer Keterence IU : USA.9885- Inquiry NumberllD Discharge Nozzle Pump type I size : SJT-27CC Item number : 1250hp Unit Stages : 3 Service : Raw Water Pump speed, rated : 1,190 rpm Quantity of pumps - 1 Intellicode NPSHA measured at : Suction Nozzle Date of Last Update : 01 Sep 201 Friction loss rate, column : 1.64 % Minimum clearance below suction bell Friction loss, column Friction loss, discharge head Friction loss, caNbamel Friction loss, bowl/column adaptor Fnolion loss, total Power loss, Ilneshaft bearings Power loss, thrust bearing Power loss, total (bowl / pump) ncy (bowl / pump) (bowl / pump) required at fast a Ilneshaft bowl assembly rotating element factor hydraulic (rated I max) bowl shaft and (rated / max) shaft step (rated / max) stuffing box sleeve (rated I max) total (rated / max) Maximum column pressure Column pressure limit Maximum discharge head pressure Discharge head pressure limit Maximum can I barrel pressure Can I barrel pressure limit Torque, Ilneshaft limit 1.90 8 2.00 ft 0.11 ft 0.17 it 4.18 It 0.00 hp 2.67 hp 2.67 ho :84.92 %183.80 % 1,144 hp 11,147 hp 30.91 It 3,609.2 Ib 783.0 It, 67.00 Ib/ft 25,763.0141,220.1 Ibf -0.00 / -0.00 IV 0.00 1 0.00 Ibf :-501.94 1-501.94 ibl' 183.5 psLg 450.0 psi.g 183.5 psi.g 275.0 psi.g 53.76 psl.g :150.0 pal.g : 128 hp/100 rpm Minimum well diameter Suction nozzle cenledine height Bowl assembly length, first stage Bowl assembly length, upper stage Bowl assembly length, total Suction bearing hub length Strainer length Bowl to column adaptor length Discharge head stick -down Submersible motor adaptor length Submersible motor length Column length Total pump length Can / barrel length Stuffing box sleeve diameter Suction bell diameter Minimum submergence to prevent vortexing Discharge head height Discharge nozzle centerline height Lineshaft length Bowl shaft diameter Bowl diameter, outside Bawl diameter, exit Column diameter, inside Column Internal obstruction diameter Canlbarrel diameter, inside 4:00 AY 15.00 in 0.00 in 0.00 in 38.50 in 19.501n 77.50 In 0.00 In 0.00 in 0.00 in 0.00 in 1116.311 122.7 8 124.0 ft 3.751n 30.00 in 65.00 in 60.00 In 16.00 in 121.3 ft 3.19 in 26.50 in 17.25 in 19.25 in 3.19 in 47.251n at bowl (available / required) : Ample / 30.91 ft at low liquid level (available I required) :-I- at -I- al suction flange (available / required) : Ample / -90.40 it mn liquid velocity 11,33 fUs liquid velocity : 2.67 ft/s Ion nozzle liquid velocity : 4.77 ftls Pump type : Can/Barrel Can liquid velocity limit 5.00 Ns Head measured at Discharge Nozzle Suction elevation Auto in Cenledine Pressure strategy : Pressure at Rated Can pressure strategy Suction Pressure Conditions + 10.0% NPSHA measured at : Suction Nozzle Suction location Below Ground Centerline Length strategy Pump length Discharge location Above Ground Length 122.7 It Hydrotest pressure strategy 1.5 x Max Waking Pressure Column liquid velocity limit 12.00 fila Construction Discharge Head Design JTBF Lineshaft Lubrkallon : Product lube Discharge Nozzle Size : 20 Inch Lineshaft Diameter : 3.19 Inch Suction Nozzle Size : 30 Inch Lineshaft Matenal LSM -416A Suction Strainer None Pumpshaft Matenal PSM -416A Column Construction Flanged Pumpshaft Diameter Standard Page 3 of 5 60 y 40 g 0 600 720 640 560 460 $ 400 x 320 240 160 60 0 1,600 1,200 800 a 400 0 Bowl parformarce. CmreoleE far cavinidian a v6w6y. nrrn.-- ® 100 B0 60 70 60 A 50 y� W 40 30 20 10 ]00 Page 5 of 5 Flow -uso. Customer : Brazos River Authority Pump type / size : SJT-27CC Flow, rated : 10.000.0 USgpm Inquiry Number/ID Stages : 3 Head. rated :380.0 ft Item number : 1250hp Unit Pump speed, rated :1,190 rpm Fluid densly, rated / max : 0.998 / 0.998 SG Service : Raw Water Based on curve number : SJT-860.001-63-11-00 Rev Viscosity : 1.00 OP 27CC Cuantity of pumps : 1 Efficiency (bowl / pump) : 84.92 / 83.80 % Cq/Ch/Ce [ANSI/HI 9.6.7-2004] :1.00 / 1.00 / 1.00 Sulzer Reference ID : USA.9885-W W R.09.0387 -FO Power (bowl / pump) : 1,144 / 1.147 hp - Date of Last Update : 01 Sep 2009 4:00 AM NPSH required : 30.91 It - Page 5 of 5 0 - DATA SHEET - GE Energy Customer: Sulzer Pumps (US), Inc. Proposal # 34138 Revision: 8 Item # 2 Output Power 1250 HP Type KV Number of Poles 8 Mounting Vertical Voltage 4000 V Frame (estimated) 8446 Frequency 60 Hz Enclosure WPII Number of Phases 3 Service Factor 1,15 Synchronous Speed 1200 Insulation Class F Rated Speed 1188 Altitude (ft) 3300 Ambient Temperature (°C) -18/40 Method of Temperature Measurement RTD Guaranteed Efficiency I%) - Rated Load 94.3 Temperature Rise S.F. 1.00 (°C) 90 Eff iciency (%) - 3/4 Load 94.3 Noise (sound) Levell (dBA) 85 @ 1m, no-load Efficiency (%) - 1/2 Load 93,8 Starting Method Across the line Minimum Starting Voltage (%V) 90 Power Factor (%) - Rated Load 87 Maximum Consecutive Starts (Cold/Hot) 2N Power Factor (%) - 3/4 Load 85Power Rated Current (Amps) 184 Factor (%) - 1/2 Load 78 Locked Rotor Current (% Rated Current) 860 Locked Rotor Torque (% Rated Torque) 60 Safe Stall Time (100% Voltage) - Cold 20 Breakdown Torque (% Rated Torque) 175 Safe Stall Time (100°h Voltage) -Hot 16 Thrust Bearing Type Antifriction Rotation View from ODE Unidirectional Guide Bearing Type Antifriction Maximum Load WK2 (Ib -W) 11379 Rotor Bar Construction Copper Rated Torque (Ib -ft) 6524 Continuous External Down Thrust (Ib) 50000 Thrust Bearing Water-cooled oil bath (Copper Coil in Momentary External Down Thrust (Ib) 87500 Lubrication reservoir) Momentary External Up Thrust (lb) 3000 Guide Bearing Self -cooled oil bath Lubrication Thrust Bearing L10 Life (hours) >5.0 - ACCESSORIES AND SPECIAL FEATURES — Applicable for both items • Stator Temperature Detector - Platinum RTD (100 Ohm) — Qty: 2 per phase • Bearing Temperature Detector - Platinum RTD (100 Ohm) - Qty: 1 per bearing • Space Heater- Standard temperature -120V • Stainless steel air filters • Air Pressure Differential Switch - Air pressure differential switch with alarm contacts This document contains GE Confidential Information. The receipt of this proposal shall not shore this document or its contents with any third party without GPs wdtten consent Dote: 8/27/2009 Rwision:8 Prepared by: Paulo vicentin Page 4 or 16 • Spherical roller thrust bearing 29444 to achieve L10 life > 5 years • Copper coils for water cooling of thrust bearing • Non Reverse ratchet - sized for reverse torque not higher than motor full load torque • Stainless Steel Hardware • Surge Prof. lightning arrestors & surge capacitors • Current transformer - 60:5 ratio, diff protection, set of 3 • Main Terminal Box - Sized for up to 3 types of protective equipment • Vibration Transmitter (Metrix Model 5484E) - City: 2 at upper bearing • Class B rise at 1.0SF; class F rise at 1.158F • NEMA 4X accessory box • Suitable for operation in non -hazardous area - TESTS - Applicable for both items Routine Tests - Non -Witnessed GE Energy - COMMENTS AND EXCEPTIONS - Applicable for both items I Motor quoted with consideration of the referenced specifications only with the following comments and exceptions. Please note, only specifications expressly stated in this proposal have been considered and cross-referenced documents contained within these specifications have not been considered. This quotation does not include any installation, start-up or field-testing. Please refer to GE Engineering Services if required. Liquidated Damages: GE Is able to accept the following LD's for this project: - Submittals: $ 200 per day capped to 5% of motor selling price. - Delivery: 1% per week capped to 10% of selling price of delayed item. - Efficiency: 1% of motor Selling price for each 0.1% less to the guaranteed efficiency capped to 5% of motor selling price. - Total LD's applicable for this order: 10% of total amount of PO. Delivery Requirements: • For Submittals Oct. 1, 2009. - For Delivery Equipment July 23, 2010 - The motors shall be released for production no longer than December 2009. Section 16206: 1. Item 1.02.C: Installation and field tests are not in our scope. 2. Item 1.04: Offered motor conforms to NEMA Ml IEEE -112, 43, 85,112 & AFBMA standard -9111. The motor is not UL listed or UL - certified. 3. Item 1.06: Site storage & handling is others responslbilily. 4. Item 2.O11A.6: Offered motors are suitable for overspeed of 125% rated speed for un -excited condition, 5. Item 2.02.B.f,g: Nominal Power factor will be more than 85% and nominal FL efficiency wilt be 95%. B. Item 2.03.3: We will use GE approved vendor (Norl equivalent) for slot wrapper. 7. Item 2.03.C.f (Page -8): We use metric size bearings (SKF make) for vertical motors. 8. Item 2.03.E.3: We are offering Metrix vibration accelerometer equivalent 5484E. The reset push button & extended cables is others responsibility. 9. Item 2.03.E.8: Accessory boxes are not rotatable. 10. Item 2.04.8.2: We do not apply any coaling for shafts. 11. Item 2.05.A: Air -gap measurement Is an in -process test. The reports are NOT Included in final lest reports. 12. item 2.05.8: These tests are shown as optional adders. 13. Item 2.05.8.1: Efficiency tests will be as per IEEE -112 method -F. 14. Iftem 3.0: Other's responsibility. This document contains GE Confidendol Information. The receipt of this proposal sholl not share this document or its contents with any third party without GFS written consent Date: 8127/2009 11411 c8 Prepared by: Paulo Vicendn Page 5 of 16 0 - OUTLINES AND DIMENSIONS - GE Energy Customer: Sulzer Pumps (US), Inc. Proposal # 34138 Revision: 8 Item # 2 For F.olmaling Only Weather Proltti<dType 11(W PH) - Solid Shaft Frame 8100 OL 9W &tC Ot G.M..v:+ \ I CO. 94gCD .nam t3Dn�� ll0D r'A 0 em L4tL0 ��'t"'J 1, °��.__��--•. + Ai:.i A arc 1 '� rLJ SOV�1f Jdrf-4a G.l � a I _ -\MPiniP �_. JAISPY�(u wzi CNC! 5}dZMtJJI. ami, frrw en : Sn sn nt,q 'Y® Int I �� \ Iw 1 /1 v» 2•]W1u_A 41 r 10, rm aU(eA LIAM W Y I y-39,10 4C C+ , 11 r' lnl nP J "I VG6 . /l I runx:».o q i • .m 10 <ISS0113 ]run rqn LOnmwgl DL1eN3-09M An Inch" N.{ 31, This document contains GE Confidential Information. The receipt of this proposal shall not shore this document or its contents with any third party without GE's written consent Dote: 8127/2009 R4v1i8 Pn"red by: PoulciVicentln Page 6 of 16 i r,z.+et C /L C/ xa 56 Nt M19 Bllr %EA? 1 5.N +33f r %r.W 33.On 9Pfi. :: utp_, s.tn Faw r .9rTe-Mt.olic_u � a.r o3 it L eij m.nn i3,t ii ter' Yioo 'l.fin. T3�u6-_. 6+.J F -eT.,i 9i T1 rJ.aP Inn+ r6ar •• z�w 6{fl hP li 3$ 1r F N.w .�3%1 __ f]ro Tf((p' . Nt]_'I6.,1] M.tr rilA{ 9x.51'_fr.OJ 3>])-__IfIA G48 iJ31} 99.61 I,fdH E55� U. 3 4]P) DL1eN3-09M An Inch" N.{ 31, This document contains GE Confidential Information. The receipt of this proposal shall not shore this document or its contents with any third party without GE's written consent Dote: 8127/2009 R4v1i8 Pn"red by: PoulciVicentln Page 6 of 16 Council Meeting Date: October 13, 2009 Item No. _� AGENDA ITEM COVER SHEET SST: Forwarded from the GUS Board: Consideration and possible action for the award of the annual bid for electric wire to various bidders in the estimated amount of $612,080.00. — Kenneth Arnold, Energy Services Director, Jim Briggs, ACM for Utility Operations rrEM SUNUM ARY: Bids were received for the purchase of electric wire for a one-year period beginning October 1, 2009. The staff recommendation is to award this bid to the low bidder for each item, as designated on the attached bid tabulation This material is stocked in the City warehouse and is used primarily for the new installation and for replacement of existing electric wire. Material will be ordered by the Electric Department on an as needed basis. GUS BOARD RECOMMENDATION: This item was unanimously recommended by the GUS Board for Council approval at the September 23, 2009, GUS Board meeting. STAFF RECOMENDATIONS: Staff recommendation is to award bids as detailed on bid tab respectively. FINANCIAL IWACT: Funds for this expenditure are budgeted in the Electric Capital Improvement. Breakdown is approximate cost per fund account ATTACHMENTS: Bid Tab Submitted By: Kenneth Arnold, J4 Brigg Electric Services Director A for Available Funds Actual Budget Budget Balance 610-9-0580-90-011 CIP Overhead Conductors $183,624.00 $2,131,000.00 $2,131,000.00 610-9-0580-90-012 CII' Underground Conductors $306,040.00 $2,650,000.00 $2,650,000.00 610-5-0523-51-530 Maintenance Distribution System $122,416.00 $327,075.00 $327,075.00 ATTACHMENTS: Bid Tab Submitted By: Kenneth Arnold, J4 Brigg Electric Services Director A for BID TABULATION SHEET BID NO. 29056 - 6/10/09 GROUP 10 MATERIAL 25KV UNDERGROUND DISTRIBUTION CONDUCTORS OCC! C n11AMTITV Item city Stock I Number Prev usage I (Reels DESCRIPTION Am. Wire Group KBS KBS TEC Techline TEC Techline 360016 Irby 10- 1 1360016 120 #1/0 AI UD Cable, 25 kV, 2500 ft.reels $ 2.25 $ 2.15 $ 1.86 $ 1.85 $ 1.99 10- 2 360017 10 #4/0 Al UD Cable, 25 kV, 3000 ft.reels $ 2.78 $ 4.60 $ 2.06 $ 2.40 $ 2.37 10- 3 360052 124 #500 MCM Cu UD Cable, 25 kV, 1500 ft reels NB' $ 6.50 $ 9.60 $ 11.30 NB' 10- 4 361500 13 1000 MCM Al UD Cable, 25 kV, 1500 ft reels $ 8,54 $ 7.06 1 $ 6.53 $ 7.00 1 $ 7.50 rU IT TO FIT Item City Stock Number rev usage (Reels ) -- DESCRIPTION Am. Wire Group KBS TEC Techline Irby 10- 1 360016 20 #1/0 AI UD Cable, 25 kV, 2500 ft. reels $ 2.25 NB NB $ 2.00 NB 10- 2 360017 10 #4/0 AI UD Cable, 25 kV, 3000 ft.reels $ 2.78 NB NB $ 2.55 NB 10- 3 360052 24 #500 MCM Cu UD Cable, 25 kV, 1500 ft reels NB' NB NB $ 11.90 NB 10- 4 361500 3 11000 MCM Al UD Cable, 25 kV, 1500 ft reels 1 $ 8.541 NB NB $ 7.75 NB Low Bid Pulled Bid Z'C*MsfGwgelw Cv 23.16129x56 EDctric Wire Bid Tab BID TABULATION SHEET BID NO. 29066 GROUP 20 MATERIALS 600 V SERVICE CONDUCTORS Item city Stock I Number Prev usage Raele Description Am. Wire Group KBS TEC Techline Irby 20- 1 1360294 19 #6 At DPLX Service Drop "Shepherd". 500' hand wit. $ 0.21 $ 0.24 S 0.14 $ 0.20 $ 0.21 20.2 0 08 Al DPLX Service Drop "Vizale", 500' hand wit. S 0.23 NB $ 0.16 $ 0.23 $ 0.29 20- 3 360417 17 #4 At TPLX Service Drop "Periwinkle", 500' hand cot. $ 0.41 $ 0.43 S 0.27 S 0.38 $ 0.38 20-4 84 At TPLX Service Drop "Barnacles", 500' hand coil. $ 0.44 $ 0.48 $ 0.28 $ 0.39 $ 0.49 20- 5 360414 2 #2 AI TPLX Service Drop, "Conch",500' hand wit. S 0.51 $ 0.55 $ 0.40 $ 0.49 $ 0.57 20- 6 0 #2 At TPLX Service Drop, "Shrimp",500' hand wit $ 0.57 $ 0.63 $ 0.52 S 0.52 S 0.63 20- 7 360422 20 8110 AL TPLX Service Drop, "Neritlna", 500' hand coil $ 0.73 $ 0.81 $ 0.56 S 0.60 $ 0.71 20- 8 0 #1/0 AL TPLX Service Drop, "Gammarus", 500' hand coil $ 0.83 $ 0.83 $ 0.64 $ 0.75 $ 1.47 2D- 9 0 82 AL QPLX Service Drop, "Palomino", 500' hand coil $ 0.71 $ 0.72 $ 0.58 $ 0.68 $ 1.17 20- 10 0 #2 AL QPLX Service Drop, "Belgian", 500' hand wit S 0.80 $ 0.86 $ 0.50 $ 0.65 $ 0.98 20- 11 20- 12 360421 1 0 8110 AL QPLX Service Drop, "Coatena , 500' hand coil #110 AL QPLX Service Drop, "Shetland", 500' hand coil $ $ 1.18 1.16 $ $ 1.10 1.27 $ $ 0.80 0.81 S $ 1.08 1.05 $ $ 1.75 1.69 20- 13 0 #210 At TPLX Service Drop, "Cents" nontetumable wood reels S 0.78 S 0.88 S 0.67 S 0.77 $ 1.24 20- 14 0 #2J0 At TPLX Service Drop, "Cyclops'. non -returnable wood reels $ 0.87 NB $ 0.86 S 0.94 $ 1.57 20-15 360296 1 8410 At TPLX Service Drop, "2uzam", non -returnable wood reels $ 1.29 S 1.45 $ 1.24 $ 1.29 $ 1.26 20. 16 0 #410 At TPLX Service Drop, "Portunus", non -returnable wood reels $ 1.38 $ 1.45 S 1.16 $ 1.28 1 S 1.35 20- 17 360535 0 #336 AI TPLX Service Drop, "Limpet" $ 2.54 $ 2.62 1 $ 1.92 S 2.00 NB 20- 18 0 8336 At TPLX Service Drop, "Narmynose" $ 2.48 $ 2.38 IS 1.80 $ 2.00 NB 20- 19 0 #210 At QPLX Service Drop "Grullo" $ 1.37 $ 1.56 S 1.08 $ 1.22 $ 2.17 20-20 0 #?JO At QPLX Service Drop "Thoroughbred" $ 1.35 NB S 0.23 $ 1.22 NB 20. 21 360295 2 #410 At QPLX Service Drop "Appaloosa", $ 1.92 S 1.80 S 1.60 $ 1.78 $ 1.61 20-22 0 #4/0 At QPLX Service Drop "Oldenburg" $ 1.86 NS S 1.58 $ 1.67 NB - 13 0 9336 At QPLX Service Drop, "Bronco" $ 3.45 $ 3.73 $ 2.55 $ 2.88 S 4.95 !4 360529 0 #336 At QPLX Service Drop, "Lipptraner" $ 3.38 $ 3.20 $ 2.45 $ 2.63 $ 4.25 zur 4 360014 0 #4 AL DPLX URD Service Drop "Delgado" $ 0.39 $ 0.36 $ 0.29 S 0.45 NB 20-26 0 $4 AL DPLX URD Service Drop 2kv $ 1.16 Na I NB N13 I N8 20-27 360055 36 #110 At TPLX Service Drop, "Brenau" S 0.78 $ 0.86 S 0.68 $ 0.72 $ 0.74 20-28 360056 32 "0 At TPLX URD Service Cable "SweetbrlarNes", 600 v. -IOW NB" S 1.35 S 1.12 $ 1.10 S 1.17 20- 29 360633 5 #350 MCM At TPLX UD Service Cable, "Wesleyan/Yes", 600 v. S 2.14 S 2.20 S 1.68 $ 1.92 $ 1.86 20- 30 360634 0 #500 MCM AL TPLX URD Service Cabb; Rider' 600 v. S 3.02 S 3.15 $ 2.49 S 2.80 $ 2.76 20. 31 360053 1 #110 AL QPLX URD Service Cable, "Notre Dame" $ 1.11 S 1.32 S 0.95 $ 1.12 S 1.17 20- 32 360054 2 #410 At QPLX UD Service Cable, "Wake ForeatfYes", 600 v. $ 1.75 S 1.90 S 1.64 $ 1.70 $ 1.64 20- 33 360424 3 0350 MCM At QPLX URD Service Cable "Slippery Rock", 600 volt; $ 3.27 S 3.25 S 2.50 5 2.70 $ 2.79 24 34 0 #500 MCM AI QPLX URD Service Cable "More House", 600 volt: $ 4.81 NB It 3.39 NB NB 2D- 35 1 360401 10 $12 THHN Cu Conductor, 19 Strand $ 0.08 NB S 0.16 $ 0.10 $ 0.11 20- 36 362150 3 0110 THHN Cu Conductor, 19 strand $ 1.22 Na $ 1.07 $ 1.35 S 1.29 20- 37 362155 2 #410 THHN Cu Conductor, 19 strand $ 2.42 NB $ 2.27 $ 2.60 S 2.54 20- 38 362180 1 #360 MCM THHN Cu Conductor, 19 strand $ 4.00 NB NB S 4.45 S 4.23 Low bid 'Pulled Bid z CMMYGewpe�w,uCaoz] t6Z9056 Emruc Wve ed tab BID TABULATION SHEET BID NO. 29066 GROUP 30 MATERIALS Bare Conductor Low Bid No bid: Dealers Electric, Accu -Tech, Anixter, Inc. Baytech Supply, Elliott Electric Supply, Graybar, Power Supply, PM&N, Rexel, Summit, Trillium Wire & Cable, US Utility Contractors, Utilicor, Wesco 10 Z:CtidnWGwrpetaw,*e 23.181I9M Eb cWUe Bid Tab Stock usage Wire Item Number (Reels Description Group KBS TEC Techline Irb 31 #3B„ High Strength Steel Strand, galvanized, on 1 30- 1 360314 standard reels. $ 0.26 NB $ 0.32 $ 0.27 $ 0.37 0 #7116" High Strength Steel Strand, galvanized, on 30-2 360315 standard reels. $ 0.44 NB $ 0.46 $ 0.39 $ 0.49 2 , re Conductor, (Coe Name ' wanate") on 30- 3 360184 standard reels. $ 0.10 1 $ 1.20 $ 0.08 $ 0.09 $ 0.11 0 WDUUM-,gare Conductor, a Name Ames") on 30-4 standard reels. $ 0.15 $ 0.20 $ 0.15 S 0.14 $ 0.15 3 #110 ACSR Bare Conductor, (Code Name "Raven") on 30- 5 360361 standard reels. $ 0.20 $ 0.25 $ 0.17 $ 0.19 $ 0.20 18 #336 AAC, Bare Conductor, (Code Name "Tulip") on 30-6 360185 standard reels. $ 0.55 $ 0.52 $ 0.40 $ 0.45 $ 0.45 8 #786 AAC, Bare Conductor, (Code Name "Arbutus") on 30-7 360363 standard reels. $ 1.21 $ 1.22 $ 0.94 $ 1.00 $ 1.05 0 #6 Cu Hard -drawn, Bare Conductor, on standard 25 lbs. 30-8 360507 coils. $ 0.32 $ 4.90 $ 0.33 $ 0.31 $ 0.30 0 #6 Cu Soft -drawn, Bare Conductor, on standard 25 lbs. 30- 9 360215 coils. $ 0.31 $ 4.90 $ 0.30 $ 0.29 $ 0.29 185 #4 Cu Soft -drawn, Bare Conductor, on standard 25 lbs. 30- 10 360737 coils. $ 0.50 $ 4.90 $ 0.48 $ 0.47 $ 0.47 30-11 360386 64 #2 Cu Soft -drawn, Bare Conductor, 7 strand; $ 0.81 $ 4.90 $ 0.78 $ 0.73 $ 0.75 12 360603 0 #410 Cu Soft -drawn, Bare Conductor, 19 strand; $ 2.58 NB $ 2.45 $ 2.48 $ 2.39 30- 13 360338 4 #6 At Tie Wire, Bare Conductor, on standard 25 Ib coils. S 51.65 NB $ 82.64 $ 55.95 $ 58.00 30- 14 360337 12 #4 Al Tie Wire, Bare Conductor, on standard 25 Ib coils. S 52.32 NB $ 58.86 $ 55.65 $ 58.00 Low Bid No bid: Dealers Electric, Accu -Tech, Anixter, Inc. Baytech Supply, Elliott Electric Supply, Graybar, Power Supply, PM&N, Rexel, Summit, Trillium Wire & Cable, US Utility Contractors, Utilicor, Wesco 10 Z:CtidnWGwrpetaw,*e 23.181I9M Eb cWUe Bid Tab Item # A Item # B Item # C Item # C Item # C Item # C Item # C Item # C Item # C Item # C Item # C Item # C Item # C Item # C Item # C Item # C Item # D Item # D Item # D Item # D Item # E Item # E Item # E Item # F Item # F Item # F Item # F Item # F Item # F Item # F Item # F Item # F Item # F Item # F Item # F Item # F Item # F Item # F Item # F Item # F Item # F Item # F Item # F Item # F Item # G Item # G Item # G Item # G Item # G Item # H Item # H Item # H Item # H Item # I Item # I Item # J Item # K Item # K Item # K Item # L Item # L Item # L Item # L Item # L Item # L Item # L Item # L Item # L Item # L Item # L Item # L Item # L Item # L Item # L Item # L Item # L Item # L Item # L Item # L Item # L Item # L Item # M Item # M Item # M Item # N Item # N Item # N Item # N Item # O Item # 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