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Council Meeting Date: November 10, 2009 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to approve an Interlocal Agreement with Williamson
County to reimburse the County for utility adjustment work as part of the project to reconstruct
the intersection of Southeast Inner Loop and FM 1460 in the amount of $10,963.56. - Thomas R.
Benz, P.E., Systems Engineering Director, Jim Briggs, ACM for Utility Operations
ITEM SUMMARY:
Williamson County (County) is constructing improvements to the intersection of
Southeast Inner Loop and FM 1460. As part of the construction project, a City of Georgetown
(City)18-inch water line requires a 30 " encasement. The cost for this encasement is $10,963.56.
The attached signed Interlocal Agreement (ILA) has been presented by the County for
execution by the City. The ILA describes the details of the terms and funding of the work to be
accomplished.
BOARD RECOMMENDATION:
Under $50,000 - does not require Board approval.
STAFF RECOMMENDATION:
Staff recommends approval of the Interlocal Agreement with Williamson County for
utility adjustment work as part of the project to reconstruct the intersection of Southeast Inner
Loop and FM 1460 in the amount of $10,963.56.
FINANCIAL IMPACT:
Funds for this additional expenditure are available in the Water Mains Budget.
See attached CII' - Budget & Financial Analysis sheet.
ATTACHMENTS:
CIP - Budget and Financial Analysis sheet
Proposed Interlocal Agreement with Williamson County.
�vy�1J
Submitted By: Thomas R. Benz, P.E. Jim Bri s,
Systems Engineering or �ssis t 'ty ger for
CIP- Budgetary and Financial Analysis Worksheet
Consulting
0.00
0%
DATE:
PROJECT NAME:
ILA with Williamson County
Construction
10,963.56 10,963.56
0%
Utility Adjustments
0.00
0%
SDentlEncumbered
(SE Inner Loop & FM 1460)
2BQ
10/29/2009
Division/Department:
Systems Engineering
Director Approval
0.00%
Prepared By:
Bill Dryden
Finance Approval
LAKE 10!29/09
TOTAL ANNUAL BUDGET
—9,012,889.00
(Current year only)
Actual Cost Agenda
Total Spent
Encumbrance Item
& Encumbered
% Annual
(A) before agenda item (B)
(A + B)
Budget
Consulting
0.00
0%
Right of Way
0.00
0%
Construction
10,963.56 10,963.56
0%
Other Costs
0.00
0%
Total Current Year Costs 0.00 10,963.56
Approved
V C19Cr[HL LCVVCR AIi VUN1 PUMOCR 1 T out
660-9-0580-90-200 Water Mains 9,012,
Total Budget
9,012,889.00
TOTAL PROJECT BUDGET 9,012,889.00
0.00
(includes all previous yrs)
Right of Way
Prior Years
Year
Current Year
Total Project
% Total
SDentlEncumbered
Costs
Costs
Other Costs
Consulting
0.00
0.00
0.00%
Right of Way
0.00
0.00
0.00%
Construction
10,963.56
10,963.56
0.12%
Other Costs
0.00
0.00
0.00%
Total Project Costs 0.00 10,963.56 10,963.56
Comments:
INTERLOCAL AGREEMENT BETWEEN
WILLIAMSON COUNTY, TEXAS AND THE
CITY OF GEORGETOWN, TEXAS
FOR THE RELOCATION OF CITY WATER LINES IN FM 1460
This Interlocal Agreement ("Agreement") is made and entered into and effective the day
of . 2009, by and between the City of Georgetown, Texas (hereinafter referred to as
"Georgetown"), and Williamson County, Texas, (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, V.T.C.A., Government Code, Chapter 791, the Texas Interlocal Cooperation
Act, provides that any one or more public agencies may contract with each other for the performance
of governmental functions and for the joint use of facilities or services for the promotion and
protection of the health and welfare of the inhabitants of this State and the mutual benefit of the
parties;
WHEREAS, Georgetown is the owner of certain water lines and appurtenances, (herein
called Facilities) along SE Inner Loop crossing FM 1460 ROW from Sta. 29+50 to Sta. 30+70.
These facilities are located within existing ROW
WHEREAS, County desires to widen FM 1460, also known as SE Inner Loop & FM 1460
(hereinafter called "Project") and make improvements to Project as shown on plans submitted to
Georgetown;
WHEREAS, to accommodate the Project, County will perform certain facility
modification/relocation work herein referred to as the "Work" and described as follows and attached
in the relocation plan set (Exhibit `A'):,
• Install approximately 16LF of 30" steel casing as an extension of the existing 30" steel
casing in order to remain outside of proposed pavement and continue to fulfill TxDOT
UAR.
WHEREAS, Georgetown, under the terms hereinafter stated, has evaluated the Project and is
willing to allow the County to perform Work to its Facilities to accommodate the Project and agrees
to reimburse the County 1001/6 of its actual costs, both direct and indirect, of doing the Work.
Georgetown will maintain full inspection and authority of the Wojk.
NOW, THEREFORE, in consideration of the promises and mutual covenants herein
contained, Georgetown agrees to allow the County to perform the Work subject to the following
terms and provisions:
I. OBLIGATIONS AND AGREEMENTS OF CITY
I. Georgetown agrees that the description of the Work and attached Exhibit `A' contain a
complete representation of the Work requested of Georgetown to accommodate the Project.
2. Georgetown shall, at its own expense, inspect the Work by the County hereunder, to assure
itself that the Work is being performed in compliance with the standards of the County.
3. Georgetown agrees to bear 100% of all direct and indirect costs incurred by the County to do
the Work, including, but not limited to, labor, materials, and engineering relating to the
modification of the Facilities to accommodate the Project. Georgetown recognizes that the
County may use one or more contractors to perform the Work.
4. The "Good Faith Estimate" herein refereed to as the "Estimate" of the Work is based upon
JOB Site's (the roadway contractor) and LAN's (roadway designer) estimates and is
estimated to be ten thousand nine hundred sixty three dollars and fifty six cents ($10,963.56),
JOB Site's portion is $7,558.56 (estimated) and LANs portion is $3,405.00 (actual). Final
actual costs may be more or less than the Estimate, which shall not be construed as a
limitation of costs for such Work.
5. The final cost may be greater or less than the Estimate and Georgetown shall be liable to the
County for 100% of the final cost, regardless of whether that amount exceeds the Estimate.
Georgetown shall pay the full amount of such invoice within 30 days after receipt.
II. OBLIGATIONS AND AGREEMENTS OF COUNTY
1. The County hereby agrees to perform all necessary and appropriate engineering, design
and construction of the Project referred to herein. The Project II shall be constructed in
accordance with both the design plans developed for the Project and the County's
Subdivision Regulations, as amended (hereinafter the "County's Regulations'.
2. The County shall be responsible for management of the Project, including oversight of
the actual construction of the Project. In the event County hires contractors to perform
any of the necessary construction services, County shall be responsible for management
of any of its construction contractors, payment to its contractors and assuring that the
contractor complies with all requirements relating to the construction of the Project,
including the obtaining of any necessary permits for the Project.
Unless otherwise specified by the County, the County's Engineer or his designee shall act
as the County's single point of contact (hereinafter "County's SPDC'), with the City.
The County's SPOC shall be knowledgeable in the planning, content, subject matter and
construction of the Project. The County's SPOC shall possess decision making ability
and authority; provided, however, such decision making ability and authority shall be
subject to any limitations in which the Williamson County Commissioners Court wishes
to assert.
4. The County will inspect construction of the Project at reasonable times and intervals and
the City's staff may accompany the County's staff during such inspections. The County
will provide the City's SPOC with seventy two (72) hours telephone notice of
preconstruction conferences, periodic inspections and regular meetings regarding the
construction of the Project. The County will also provide the City with seventy two (72)
hours telephone notice of the final inspection. The City may elect to have its employees
or staff inspect or observe construction of the Project from time to time. The City's
representatives shall have a reasonable right to access and is encouraged to inspect the
Project as construction progresses, and the County shall not interfere with such access or
inspection by the City or its designated representative(s).
5. Upon completion of construction in accordance with the Project's design plans and the
County's Regulations, the Project will be deemed to have complied with applicable City
development regulations and the final construction summary and a set of record drawings
shall be provided to the City.
6. After a period of twelve (12) months from the Date of Completion, the County and the
City shall jointly inspect the Project and the County shall, within four (4) weeks of the
joint inspection, correct or cause to be corrected any deficiencies that are found in the
construction of the Project. For purposes of this Agreement, the "Date of Completion"
of the Project shall be the date that the County verifies, in writing, that the Project has
been completed in accordance with the design plans and County's Regulations.
7. The County shall obtain all warranties, guarantees and bonds with the City of
Georgetown, Texas, named as co -beneficiary, and will assist the City in enforcing such
guaranties, warranties and bonds to the extent practicable.
8. County shall perform all operations and construction activities above or adjacent to the
Facilities in a workmanlike and safe manner and in conformance with all applicable
industry and governmental standards and conditions that may be imposed by Georgetown
from time to time.
M. TERM AND TERMINATION
1. This Agreement shall be effective from and after the date of the last party to sign (`Effective
Date"), shall automatically renew for successive one-year periods, and shall expire one year
after the Date of Completion, unless previously terminated pursuant to Section III. B.
2. If either party defaults in the performance of any of the terms or conditions of this
Agreement, the non -defaulting party shall deliver written notice of such default to the
defaulting party. Such notice shall specify the nature of the default and inform the defaulting
party that unless the default is cured within thirty (30) days of receipt ofthe notice, additional
steps may be taken to terminate this Agreement. If the defaulting party begins a good faith
attempt to cure the default within thirty (30) days, then and in that instance, the thirty (30)
day period may be extended by the non -defaulting party, so long as the defaulting party
continues to prosecute a cure diligently to completion and continues to make a good faith
attempt to cure the default. If, in the opinion of the non -defaulting party, the defaulting party
does not cure the breach within thirty (30) days or otherwise fails to make any diligent
attempt to correct the default, the defaulting party shall be deemed to be in default and the
non -defaulting party may, in addition to seeking any other remedies available at law or in
equity, terminate this Agreement.
IV. MISCELLANEOUS
Severability. If any section, subsection, sentence, clause or phrase of this Agreement is for
any reason held to be unconstitutional, void or invalid, the validity of the remaining portions
of the Agreement shall not be affected thereby. It is the intent of the parties sighing this
Agreement that no portion of it, or provision or regulations contained in it shall become
inoperative or fail by reason of unconstitutionality or invalidity of any other section,
subsection, sentence, clause, phrase, provision or regulation of this Agreement.
2. Law and Venue. This Agreement shall be governed by the laws of the State of Texas. The
obligations under this Agreement are performable in Williamson County, Texas. It is
expressly understood that any lawsuit or litigation arising out of or relating to this contract
will take place in Williamson County, Texas.
3. Alteration, Amendment, or Modification. This Agreement may not be altered, amended or
modified except in writing, approved by the County Judge of Williamson County and either
the City Manager or Mayor of the City of Georgetown.
4. Notice. Notices to either party shall be in writing, and may be either hand delivered or sent
by certified or registered mail, postage paid, return receipt requested. If sent to the parties at
the addresses designated herein, notice shall be deemed effective upon receipt in the case of
hand delivery and three days after deposit in the U.S. Mail in case of mailing. The address of
City for all purposes shall be:
To County:
County of Williamson
c/o Williamson County Judge
710 Main Street, Suite 101
Georgetown, Texas 78626
with a copy to:
Williamson County Attorney
405 M.L.K. Street, Box #7
Georgetown, Texas 78626
To City:
City of Georgetown
ATTN: City Manager
P.O. Box 409
Georgetown, Texas 78627-0409
5. Independent Relationship. Both parties hereto, in the performance of this Agreement, shall
act in an individual capacity and not as agents, employees, partners, joint ventures or
associates of one another. The employees or agents of one party shall not be deemed or
construed to be the employees or agents of the other party for any purposes whatsoever.
6. No Waiver of Immunities. Nothing in this Agreement shall be deemed to waive, modify or
amend any legal defense available at law or in equity to the parties hereto, their past or
present officers, employees, or agents or employees, nor to create any legal rights or claim on
behalf of any third party. Neither party waives, modifies or alters to any extent whatsoever
the availability of the defense of governmental immunity under the laws of the State of Texas
and of the United States.
7. Compliance with Laws. The parties hereto shall comply with all federal, state and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any matter affecting the performance of this Agreement,
including, without limitation, Worker's Compensation laws, minimum and maximum salary
and wage statutes and regulations, licensing laws and regulations.
8. Force Majeure. If the party obligated to perform is prevented from performance by an act of
war, order of legal authority, act of God or other unavoidable cause not attributable to the
fault or negligence of said party, the other party shall grant such. party relief from the
performance of this Agreement. The burden of proof for the need of such relief shall rest
upon the party obligated to perform. To obtain release based on force majeure, the party
obligated to perform shall file a written request with the other party.
9. No Third Party Beneficiaries. This Agreement is for the sole and exclusive benefit of the
parties hereto, and nothing in this Agreement, express or implied, is intended to confer or
shall be construed as conferring upon any other person any rights, remedies or any other type
or types of benefits.
10. Incorporation of Exhibits and Attachments. All of the Exhibits referred to in this Agreement
are incorporated by reference as if set forth verbatim herein.
11. Execution in Counterparts. This Agreement may be executed in counterparts, each of which,
when executed and delivered, shall be deemed to be an original and all of which together
shall constitute one and the same document.
12. Entire Agreement. This Agreement constitutes the entire agreement between the parties
hereto, and supersedes all their oral and written negotiations, agreements and understandings
of every kind. The parties hereto understand, agree and declare that no promise, warranty,
statement or representation of any kind whatsoever, which is not expressly stated in this
Agreement, has been made by any party hereto or its officer, employees or other agents to
induce execution of this Agreement.
WHEREFORE, premises considered, in this Interlocal Agreement is executed to be effective the date
of the last party to sign.
COUNTY
By: t/
Dan A. Ga i , County Judge
Date: /o -- e %
11 il�_
41a
IIfflR&rXV".-.
George G. Garver, Mayor
Date:
ATTEST:
Jessica Hamilton, City Secretary
INTERLOCAL AGREEMENT BETWEEN
WILLIAMSON COUNTY, TEXAS AND THE
CITY OF GEORGETOWN, TEXAS
FOR THE RELOCATION OF CITY WATER LINES IN FM 1460
APPROVED AS TO FORM:
Mark Sokolow, City Attomey
Date: Pry^n&Ar 31 200 `j
ian
March 11, 2009
Judge Dan A. Gattis
c/o Mr. Mike Weaver
Prime Strategies, Inc.
1508 S. Lamar Blvd.
Austin, TX 78704
Reference: Work Authorization No. 4
Inner Loop @ FM 1460
Limits: At Intersection
Invoice No. 1
LAN Invoice No. 0000001
LAN Project No. 140-10385-004
Dear Mr. Weaver:
Lockwood, Andrews
& Newnam, Inc.
A LEO A DALY COMPANY
This report summarizes the activities performed on the referenced project from 01/29/09 thm 02/28/09.
Also included with this report is invoice statement no. 01 for the sum total of $12,283.56.
Work completed during invoice period:
I. Bid Phase Services
a. LAN prepared Construction Manuals
i. Draft Construction Manual delivered January 5, 2009.
ii. Addressed comments and delivered the revised Manual on February 23, 2009.
iii. Inserted updated sheets in Manual and updated bid tab electronic file for distribution.
b. LAN revised the construction plans to provide a 30" split casing on City of Georgetown's 18"
water main.
I. Provided plan/profile sheet
H. Updated title page, revised estimate, construction details
C. LAN provided new title sheet with updated sealing requirements.
d. LAN provided copies, interested bidders list, and prepared Plans and manual, then delivered to
Document Engine in advance of advertisement phase service
H. Construction Phase Services
a. No activity at this time.
Schedule:
The project is on schedule.
If you have any questions regarding this invoice period, please do not hesitate to call me at (817) 820-0420
or Liz Rubio in Accounting at (210) 499-5082.
Sincerely,
se h W. Atwood, P.E.
Project Manager
Enclosures
2825 Bdwl v Delve • doae . Teaae 77"2J7H � 713.268b900 - Fu 719286.2088 - v1wW.lentiew.can
Project 140-10385.004
Williamson Inner Loop WA64
twoice 1
Total this Task $8,67$,56
Task 402 — —
— City of Georgetown Water
— — —
— — — — _ —
Professional Personnel
Hours
Rate
Amount
Senior Project Manager
Widaclu, Steven
7.50
170.00
1,275.00
Graduate Engineer II
Arredondo, Roberto
16.00
90.00
1,440.00
Senior Designer
Rodriguez, Jose
3.00
90.00
270.00
Clerical
Long, Katherine
7.00
60.00
420.00
Totals
33.50
3,405.00
Total Labor
3,405.00
Total this Task $3,40.5.00
UnPald balances war 30 days are suNed to e 1% per month Finance Charge.
Page 2
J
CONSTRUCTION ESTIMATE
W I LAMSON COUNTY ROAD i BROW - 3161 S.E. INNER LOOP • GEORGETOWN, TEMS 7S
SE NRN Loop • PY 1860
711om RIO66RCIO
J17e Srte CONfMDCTKK LLC
A WAM• ROI11D BOCK TR ]6i
T.aRD It 16H) T.pTpI. /AI{ Dl]I TSTA
MATERIAL ON RAND 6000
JOB TO DATE AMOUNT $114.MAO
TOTAL $114X70."
JOB TO DATE IM AETANIIDE 611,477.06
JOB TO DATE TOTAL $107.86141
MATERIAL ON NAND (PERIOD AD00EDUCT) WAD
PERIOD AMOUNT 6114X78."
TOTAL 6114X70."
1^RETANAOE 6110177.115
PERIOD TOTAL 610746141
ORIGINAL CONTRACT AMOUNT
$11INA ."
APPROVED CHANGE ORDERS
60-00
APPROVED TOTAL CONIAACT AMOUNT
6016,487_"
LIM,
MATERIAL ON RAND 6000
JOB TO DATE AMOUNT $114.MAO
TOTAL $114X70."
JOB TO DATE IM AETANIIDE 611,477.06
JOB TO DATE TOTAL $107.86141
MATERIAL ON NAND (PERIOD AD00EDUCT) WAD
PERIOD AMOUNT 6114X78."
TOTAL 6114X70."
1^RETANAOE 6110177.115
PERIOD TOTAL 610746141
ORIGINAL CONTRACT AMOUNT
$11INA ."
APPROVED CHANGE ORDERS
60-00
APPROVED TOTAL CONIAACT AMOUNT
6016,487_"
Council Meeting Date: November 10, 2009 Item No.
AGENDA ITEM COVER SHEET
SUBiECT;
A RESOLUTION BY THE CITY OF GEORGETOWN, TEXAS
("CITY") AUTHORIZING THE MAYOR TO SIGN ALL
NECESSARY DOCUMENTS FOR THE SUBMITTAL OF THE
SAFE ROUTES TO SCHOOL PROJECT GRANT
APPLICATION TO THE TEXAS DEPARTMENT OF
TRANSPORTATION; AND DECLARING AN EFFECTIVE
DATE.
ITEM SUMMARY:
Huitt-Zollars Engineering has assisted the City of Georgetown in the preparation of a Safe
Route to School Application. Following several meetings and coordination between the City of
Georgetown, Georgetown Independent School District (GISD) officials and Huitt-Zollars,
several projects were identified for possible consideration. Due to time constraints, only one
project was submitted for eligibility. The City of Georgetown was notified on October 20th that
our project was approved as an eligible project and could be submitted for possible Safe Route
to School funding. The project is expected to cost approximately $490,000.00. If the project is
selected, the City will pay for the project up front and then receive 100% reimbursement.
The deadline for the submitting the project to the State is November 30th, 2009.
The Project consists of the installation of sidewalk within the Church Hill Farms Subdivision,
along the East side of Inner Loop to the Williamson County property; and across the County
property to Mitchell Elementary School. The concept was found to be favorable by the School
Principal, and PTA at Mitchell School.
SPECIAL CONSIDERATIONS:
Huitt-Zollars engineer, Richard L. Wilkison, is scheduled to speak to County
representatives about allowing the sidewalk to go across the county 'radio tower' property
instead of around, for distance purposes. GISD will provide similar approvals for this project.
FINANCIAL IMPACT:
No funding is required at this time. If the project is selected for funding, an additional
agenda item would be presented with financing options.
STAFF RECOMMENDATION:
Approval of Resolution supporting the proposed project.
ATTACHMENTS:
1. Proposed Resolution
2. Map of proposed improvements
Submitted By: Thomas R Benz P.E.,
Systems Engineer Director
RESOLUTION NO.
A RESOLUTION BY THE CITY OF GEORGETOWN, TEXAS
("CITY") AUTHORIZING THE MAYOR TO SIGN ALL
NECESSARY DOCUMENTS FOR THE SUBMITTAL OF THE
SAFE ROUTES TO SCHOOL PROJECT GRANT APPLICATION
TO THE TEXAS DEPARTMENT OF TRANSPORTATION; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, THE City of Georgetown, by and through its City Council, seeks always to protect the
health, safety and welfare of the citizens of the City of Georgetown and adjoining areas; and
WHEREAS, the City of Georgetown, is committed to ensuring that all students who attend school in
the City of Georgetown, can utilize physically active transportation, such as walking and bicycling, for
safe and enjoyable trip to school; and
WHEREAS, the City of Georgetown, and the Georgetown Independent School District have
undertaken to obtain a grant from the Texas Safe Route to School program, to provide infrastructure
to the city and to school campuses to ensure and encourage students to walk or bicycle to school;
and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS THAT:
Section 1. That the statements set out in the preamble to this resolution are hereby in all
things approved and adopted.
Section 2. The Mayor is herein authorized to submit a grant application to the Texas
Department of Transportation for a Safe Routes to School Project.
Section 3.
approval.
RESOLVED this
ATTEST:
If the grant is approved, the documents will be submitted to the City Council for
Jessica Hamilton,
Assistant City Secretary
day of , 2009.
APPROVED AS TO FORM:
MARK SOKOLOW, City Attorney
THE CITY OF GEORGETOWN:
George G. Garver, Mayor
� yam, �, n� � �'
"I
Council Meeting Date: November 10, 2009 Item No.
AGENDA ITEM COVER SHEET
SUBJECT: Forwarded from the GUS Board:
Consideration and possible action to approve the purchase of Bioxide from Siemens
Water Technologies of Sarasota, Florida, in an amount not to exceed $70,000.00 for Fiscal Year
2009/2010. — Glenn Dishong, Water Services Director, Jim Briggs, ACM for Utility Operations
ITEM SUMMARY:
In May 1998, Camp, Dresser and McKee, Inc performed a wastewater odor control study.
This study was performed as a result of Hydrogen Sulfide (1-12S) odor complaints in certain areas of
the City. The study evaluated different methods to mitigate the H2S problem with a
recommendation being made to use Bioxide, a product patented by Siemens Water Technologies.
Since July 1999, the City has successfully used Bioxide to control odor problems. In September 200%
the case study was reviewed and Bioxide continues to be the most effective method to mitigate the
H2S problem.
GUS BOARD RECOMMENDATION:
This item was unanimously recommended by the GUS Board for Council approval at the
October 19, 2009, GUS Board meeting.
STAFF RECOMMENDATION:
Staff recommends the purchase of Bioxide from Siemens Water Technologies in an
amount not to exceed $70,000.00.
SPECIAL CONSIDERATIONS:
Siemens Water Technologies is a sole source provider of Bioxide and is the only location
that bids will be received and processed for Bioxide.
FINANCIAL IMPACT:
Funds for this additional expenditure are available in the Water Services Budget.
660-5-0530-51-336
ATTACHMENTS:
Fund Actual Budget
Services — Odor Control $70,000.00 $80,000.00
Siemens Water Technologies SoleSourceLetter
r111 . (f. ,'
Submitted By: Glenn Dishong, Jim Briggs,
Water Services Direct)ACM for Utility Operation
SIEMENS
Mr. David Thomison
Operations Manager
City of Georgetown
Ph: 512-930-4811
Fax: 512-930-0232
Email: dthomison@georgetownbLorg
October 5, 2009
RE: CITY OF GEORGETOWN, TX SOLE SOURCE FOR BIOXIDE® PRODUCTS
Dear Mr. Thomison:
As requested, the cost for Bioxide* will be S2.02/gallon (based on 4,000 -gallon loads delivered). This
pricing is good from October 1, 2009 thru September 30, 2010.
Siemens Water Technologies is the sole source provider of Bioxide® products (Bioxide®, Bioxide-AQ®,
Bioxide® AE, and AQUIT9 solutions). Related services that we offer to our customers are provided
under the Full Service Odor Controlsm program.
A license to use Bioxide® products is included with the product sale. Patents that cover aspects of the
use of Bioxide® products include, but are not necessarily limited to, United States Patent Nos.
6,309,597, 7,087,172 and 7,553,420.
Bioxide, Bioxide-AQ, Bioxide AE, AQUIT and Full Service Odor Control are trademarks of Siemens
Water Technologies.
Should you have any questions or require additional information please feel free to contact me at 800-
345-3982.
Sincerely,
SIEMENS WATER TECHNOLOGIES
Joe Wp6eruon
Joe Robertson
Technical Sales Representative
Siemens Water Technologies Corp. 2650 Tallevast Road Tel: (941) 355-2971
Sarasota, FL 34243 Fax (941) 361-4756
www.siemens.com/water
Page 1 of 1
September 28, 2009
Mr. David Thomison
Operations Manager
City of Georgetown
Ph: 512-9304811
Fax: 512-930-0232
Email: dthomison@georgetowntx.org
RE: SOLE SOURCE BIOXIDE® PLUS
Dear Mr. Thomison:
Siemens Water Technologies is the sole source provider of Bioxide® Plus.
The purchase of Bioxide® Plus products from Siemens constitutes an implied license to practice the
processes described in United States Patents #6,309,597, #7,087,172 and 7,553,420 B2. Bioxide® is a
registered trademark of Siemens Water Technologies.
Should you have any questions or require additional information please feel free to contact me at 1-
800-345-3982.
Sincerely,
SIEMENS WATER TECHNOLOGIES
Doug Davis
Director of FSOC Sales
Siemens Water Technologies Corp. 2650 Tallevast Road Tel: (941) 355-2971
Sarasota, FL 34243 Fax: (941) 3514756
www.stemens. comAvater
Page 1 of 1
Council Meeting Date: November 10, 2009 Item No.
AGENDA ITEM COVER SHEET
SUB : Forwarded from the GUS Board:
Consideration and possible action to renew the contract between the City of Georgetown and
National Tree Expert Company, Inc. of Burnet, Texas, to provide electric system right-of-way clearing
services in an amount not to exceed $150,000.00. — Ken Arnold, Energy Services Director, Jim Briggs,
ACM for Utility Operations
ITEM SUMMARY:
The contract was originally enacted in November of 2004, allowed for annual renewals each
year for a five year period with no increase in unit cost. This renewal will be the fifth and final renewal
of this contract. National Tree Expert has three (3) staff members who hold National Arborist
Certifications to ensure proper tree -trimming procedures will be followed. While the contract will be
with National Tree Expert the supervision of their work will be performed by the Cities Energy Services
Department. National Tree Expert has been working in Georgetown since 1997 Ice Storm Event. Their
work, in conjunction with system upgrades has proven that proper tree maintenance can provide
reduced outages during ice events such as the events experienced in December, 1997 & 2000 and
February 2005.
Therefore, staff recommends that the City Exercise their option to continue the contract from
October 2009 to September 2010 at which time the contract's term will expire and staff will re -bid for
support services.
GUS BOARD RECOMMENDATIONS:
This item was unanimously recommended by the GUS Board for Council approval at the
October 19, 2009, GUS Board meeting.
STAFF RECOMMENDATIONS:
Staff recommends approval of the contract renewal with National Tree Expert Company, Inc. of
Burnet, Texas to provide electric system right-of-way clearing services.
FINANCIAL IMPACT:
Funds for this additional expenditure are available in the Electric Operations Budget.
Fund Actual Budget Budget Balance
Available
610-5-052351-511 ROW Maintenance 150,000.00 150,000.00 150,000.00
ATTACHMENTS:
Letter from National Tree Expert requesting contract renewal.
Submitted By: Kenneth Arnold
Energy Services Director
NATIONAL
TREE EXPERT CO.JNC.
Est. 1963
Mr. Paul Elkins
City of Georgetown
Dear Mr. Elkins,
The purpose of this correspondence is to express our intentions to extend our
contract with the City of Georgetown. The extension will be carried out under the
current terms for the next fiscal year.
The City of Georgetown has been a valued customer to National Tree Expert
Co., Inc. and we appreciate the opportunity to continue this business relationship
in the upcoming years.
Brian Dalland, Vice President
NATIONAL TREE EXPERT CO., INC.
512-715-0464
EXTENSION
TO THE AGREEMENT BETWEEN THE CITY OF GEORGETOWN
AND NATIONAL TREE EXPERT CO., INC. FOR THE
ELECTRIC SYSTEM RIGHT-OF-WAY CLEARING PROJECT
The Agreement between The City of Georgetown and National Tree Expert Co., Inc.
authorized on November 23, 2004, ("Agreement') is hereby extended as follows:
The parties agree that the Agreement, authorized on November 23, 2004 for a one (1)
year period with an option to extend for a maximum of five (5) additional one year
periods is extended for one (1) additional and final year. The scope and cost of the
anticipated services are to remain the same.
The invoices will be paid by the 20`h of each month.
All other terms of the Agreement shall remain in full force and effect.
EXECUTED in duplicate original this day of
Georgetown, Texas, where this contract is performable and enforceable.
Approved as to form:
Mark Sokolow
City Attorney
Party of the Second Part:
NATIONAL TREE EXPERT CO., INC.
By: Brian Dalland, Vice President
STATE OF TEXAS
COUNTY OF
4111$joni
Party of the First Part:
CITY OF GEORGETOWN, TEXAS
George G. Garver
Mayor
Attest:
Jessica Hamilton
City Secretary
This instrument was acknowledged before me on this the day of
.2009.
Notary Public
Printed Name:
Commission Expires:
McCORD ENGINEERING, INC.
916 Southwest Parkway East, P.O. Box 1(X147
College Station, Texas 77842 (979) 764-8356
Fax(979)764-9644
November 9, 2004
Mr. Mike Mayben
Energy Services Manager
City of Georgetown
P.O. Box 409
Georgetown, Texas 78628
RE. Bid No. 25001 (201ig Electric Svs`em Rik.t-Df-Way, Clearing)
Dear Mike:
On October 28, 2004, sealed proposals received were opened and read for an Electric
System Right -0f --Way Clearing bid designated as Bid No. 25001. The purpose of this bid is to
acquire the services of right -0f -way clearing and equipment to supplement your City's current
Electric Department work crews in the performance of right-of-way clearing.
This bid addressed the furnishing of labor and equipment to assist your City on an "as
needed" basis for a one (1) year time period and tris Contract may be extended for additional one
(1) year terms up to a maximum of five (5) years at the City's option and with the consent of the
Contractor.
Bid prices were requested from prospective Contractors on both an assembly unit bid basis
and an hourly basis, and no quantities of construction units were specified. Henceforth, no total
bid price results for this bid solicitation and for tabulation herewith. We anticipate that the majority
of construction work to be performed under this contract will be specified on a unit basis; the
hourly prices were requested simply to provide for billing rates for any special construction work
requested which does not lend itself to billing under a standard construction unit billing basis. All
work can be specified on an "as requested" basis, and the contract can be terminated at the City's
directive.
The City received one bid proposal from National Tree Expert Company of Brunet, Texas
and has enclosed the tabulation. McCoy Tree Surgery of Norman, Oklahoma elected not to submit
a bid at this time.
National Tree Expert Company has been under contract with your City from January, 1998
to March, 2004 and has performed right-of-way clearing work with very high acceptance from the
City and its customers.
City of Georgetown
November 9, 2004
Page Two
Based on the receipt of a satisfactory and complying bid, and the past experience the City
has with National Tree Expert Company, we recommend your City award Bid No. 25001 to
National Tree Expert Company of Burnet, Texas, whom we have deemed to be the satisfactorily
qualified firm to provide the proposed supplemental labor and equipment for right -0f --way clearing,
for your City's Electric Division for the subject award period.
We appreciate very much the opportunity to assist your City in the preparation of
Specifications for this bid project and the solicitation and evaluation of bid proposals. If you have
any questions, or need further information concerning this project, please do not hesitate to let me
know.
DW/jk
Enclosure
cc: Mr. Jim Briggs (w/enol.)
Mr. John Thomas (w/enol.)
Mr. Ricky Jackson (w/encl.)
Ms. Marsha Iwers (w/encl.)
Yours very truly,
MXORD ENGINEERING, INC.
Do,, a t4l-
David Witte
Underground Line Design Division Manager
McCORD ENGINEERING, INC.
P.O. Box 10047
College Station, Texas 77840
Asplundh Tree Expert Company
Attn: Allen LeBlanc
6733 Leopard Rd.
Corpus Christi, Texas 78409
(361) 289-0052
Atm: Mr. Lance Vining
711 S. Fourth Street
Mansfield, Texas 76063
(817)296-7546
Blackwell Eng., Inc.
516 East Main St.
Hamilton, Texas 76531
(254)386-9091
Blume Tree Services, Inc.
Ann: Greg Perry
Area Manager/Staff Forester
P.O. Box 3043
2020 Plantation Drive. #407 (77301)
Conroe, Texas 77305
(409) 856-5565
(409) 7604013 Home
C.M. Joslin Company, Inc.
Atm: Lois Joslin
P.O. Box 647 (77305)
6100 Old Montgomery Road
Conroe, Texas 77301-0220
(409) 756-1155
Harris Line Service Co., Inc.
Attn: Gilbert D. Harris, Sr.
President
P.O. Box 7165 (75607)
1047 Gardener Mitchell Parkway
Longview, Texas 75603
(903)643-7712
(903)643-7942 Fax
JM] Maintenance, Inc.
Attn: Mr. Jason Mayfield
IS^s Prig qn Rajd 33.18
Greenville, TX 75402
(903)450-4677
(903) 4544319 Fax
' Sent books
BIDDERS LIST
CITY OF GEORGETOWN
2005 Right -Of -Way Clearing
Bid No. 25001
Bid Date: October 28, 2004
McCoy Tree Surgery
Atm: Mr. Sam Batty
P.O. Box 24
25603 Penguin
Pinehurst, Texas 77362
(800) 654-3625
(281) 259-7173
(800)462-8073 Fax
The National Tree Expert Co., Inc.
Attn: Michael Dalland
311 Industrial Drive
Burnet, Texas 78750
(512) 219-7888
Ponderosa Construction
Aun: Mr. David Ponder
P.O. Box 780
Spurger, Texas 77660
(409) 429-5840
(409) 429-7235 Fax
Trees, Inc.
Atm: Linda Benge
P.O. Box 38038(77238.8038)
7020 Stuebner Airline
Housttm, Ttxas 77091
(800) 676.7712
(713) 692.6371
(713) 692-5204 Fax
Wayne's Digger Service
Atm: Mr. Wayne Blackwell
P.O. Box 1726
Belton, Texas 76513-1726
(254) 933-8219
(254) 933-9876 Fax
awdigl@eartlllink.net
Whitmire Line Clearing
Atm: Larry Elkins
8171 Highway 377
Pilot Point, Texas 76258
(800) 576-7521
October 11, 2004
McCord Engineering, Inc.
P.O. Box 10046
College Station, Texas 77842
November 1, 2004
CITY OF GEORGETOWN
ELECTRIC SYSTEM RIGHT-OF-WAY CLEARING
BID NO. 25001
NATIONAL TREE EXPERT CO., INC.
Right -of -Way Clearing Units
r-- Unit
Unit Price ($)
R 1.6
1,350.00
R1 -6A
1 250.00
R1 -6S
1,150.00
R1-10
1,500.00
R1 -10A
1,400.00
Payroll Charges
Description -
Hourly Rate ($)
Class I Trimmer
20.20
Class 11 Trimmer
,Working Foreman
18.75
26.65
!Hydraulic Dum Truck and Tools
8.50
iPovver Saw
0.65
I Bucket Truck of Aerial lift
13.50
Brush Chipper
3.50
Tractor/Mower
26.50
Council Meeting Date: November 10, 2009 Item No. 6
AGENDA ITEM COVER SHEET
SUBJECT: Forwarded from the GUS Board:
Consideration and possible action for approval of the contract with Lower Colorado River Authority
(LORA) for the purchase of electric distribution and transmission materials for FY 2009/2010 from vendor award
contract for the LCRA Electric Material Acquisition Program in the estimated amount of $500,000.00. — Ken
Arnold, Energy Services Director, Jim Briggs, ACM for Utility Operations
ITEM SUMMARY:
Approval of this agreement will allow the City of Georgetown to continue the periodic purchases of electric
distribution and electric transmission material directly from the vendor awarded the Electric Material Acquisition
Services Contract by LCRA. LCRA has awarded a new material contract with Techline. By using this agreement, the
City will be able to take advantage of lower prices and stock availability to do volume purchasing.
Materials purchased through this agreement are items not included on any bids formally issued and awarded by
the City. Items are purchased on an as needed basis and are stocked in the City warehouse to be used by the Electric
Department for new electric service installations and maintenance of the electric system. The total of this bid was
based on an estimated quantity from the previous year.
According to Texas Local Government Code 271.102 (c), the City satisfies any state laws requiring the local
government to seek competitive bids for the purchase of the goods and services when purchasing under Subchapter F.
Cooperative Purchasing Program. The Texas Local Government Code 271.101 states that a municipality may
participate in a local agreement with a special district.
This is a continuation of the previous agreement for FY 2009-2010.
GUS BOARD RECOMMENDATIONS:
This item was unanimously recommended by the GUS Board for Council approval at the October 19,
2009, GUS Board meeting.
STAFF RECOMMENDATIONS:
Staff recommends the approval of this agreement with LCRA for the periodic purchase of electric T&D
material from the vendor awarded the Electric Material Acquisition Services Contract by LORA.
FINANCIAL IMPACT:
Funds for this additional expenditure are available in the Electric Operations Budget.
Fund
610-9-0580-90-011 Overhead Conductors
610-9-0580-90-012 Underground Conductors
Actual Budget Budget Balance
Available
250,000.00 2,131,000.00 2,131,000.00
250,000.00 2,650,000.00 2,647,764.86
STAFF RECOMMENDATIONS:
Staff recommends the approval of this agreement with LCRA for the periodic purchase of electric T&D
material from the vendor awarded the Electric Material Acquisition Services Contract by LCRA.
ATTACHMENTS:
2003 Material Acquisition Services Agreement between City and LCRA./
I
Submitted By:
Energy Services Director
EX�IIBIT MAT
PROGRAM AGREEMENT
MATERIAL ACQUISITION SERVICES
Ttt�'r? �1d��"Customer") and a Lower Colorado River Authority
an Agre e¢t for Technical Services dated /� d.�- tJ ("LCRA") have entered into
The purpose of this new Program Agreement is to allow thejry pF�� y ��
of the Material Alliance of LORA. to receive the benefits
CONT_ RACT SCOPE:
LCRA shall provide the following services to Customer:
1. LCRA has received and evaluated bid proposals for an annual material acquisition program.
2. The selected vendor meets or exceeds the criteria required and desired for furnishing materials to LCRA
and its Wholesale Customers.
3. The selected Vendor will be monitored by LCRA at regular intervals to assure that
to the participants. the program is beneficial
4. The selected Vendor may furnish materials for up to five (5) years with at least an annual review of
Performance of the Vendor.
5. LCRA Distribution Engineering will make recommendations and evaluations of material suitable for
electric facilities.
CUSTOMER BENEFITS
1. Customer will not need to go through the bid process for materials covered under this Program.
2. The Vendor will be providing the following products: electrical, natural gas, water/sewer, CATV/telephone,
sport lighting, fiber optic, and telecommunication.
3. The Customer will deal directly with the Vendor in the ordering, shipping, and payment of invoices. Vendor
will provide customer with a customer -specific electronic procurement WEB page. Fax or telephone
ordering also is available.
4. The Vendor will not charge shipping charges for the routine route delivery to the Customer from Vendor's
warehouse.
5. Vendor will be available to deliver material at least weekly to Customer.
6. The Vendor may deliver materials directly to the jobsite when prior arrangements have been made between
the Customer and the Vendor.
7. The Vendor may purchase excess materials from the Customer to reduce Customers inve
48 hours. ntory.
8. The Vendor agrees to maintain a stock of material for emergencies to be delivered to the customer within
9. The Vendor will be available 24 hours per day 7 days per week for Customer to contact,
10. Vendor will self unload Customer's purchases at customers warehouse or directly to the jobsite.
11. Vendor can provide training on use of new material.
12. Vendor will provide improved communication concerning product availability and pricing movement.
13. Vendor can provide "kiting" assembling and packaging material by unit designation.
14. Vendor will provide an emergency backup stock.
15. Vendor will not charge a restocking charge for return of unused material if Customer meets Vendor's
criteria for such actions.
16. Vendor will provide new transformers on consignment at customer's location if customer purchases all
transformers and most other distribution materials from vendor.
17. The vendor will provide and maintain emergency stock of larger pad -mounted transformers or other agreed
upon items so that each utility will not have to maintain expensive inventory or backup units for reliability
purposes if customer purchases all transformers and most other distribution materials from vendor -
11/10/03
Material Agreement
CON_ TRA_ CT TERM
(page 2 of 2)
The contract term for this Program Agreement shall be for one year. The Program Agreement shall be automatically
renewed each year unless terminated by either party.
TERKNAT10N
Either
party may terminate this Program Agreement, by giving a nine
Termination of this Program Agreement shall not affect the -Agreement for Technical Serviy notice to ces oranyoer ther Program
Agreement, but termination of the Agreement for Technical Services automatically terminates all Program
Agreements. If this Program Agreement is terminated, any overpayment of the retainer shall be reimbursed to the
Customer after the costs of services have been paid.
CONTRACTFEES
Fees for work under this Agreement
See attachedprice sheet "PricingforMATERLILACQWSITIONProgram,.
The LCRA will notify the customer of the new fee for continuing the service for another year in a new "Pricing for
Material Acquisition Program" which will become a part of this Agreement
All other terms and conditions of the Program Agreement remain in full force and effect. The parties below have
caused this Program Agreement to be executed by their authorized officials as of yyAv
2010
LOWER COLORAD AUTHORITY
L�1..
LL
" t)
Pricing for
Electric Material Acquisition Program
For the City ofyew„tj
Dated:
The program fee is $35/month plus 2.5% of the previous month's purchases, but not to exceed '
$250/month.
Monthly fee will be updated to be effective January 1St of each year and will be constant for one
complete year.
Accepted:
ower _ !
0 Q IjZti
Signature
6 61- f �=j MA, p r�
Printed Name
ov� Ic
Title
\Z-I� o
Date
11/10/03
EXTENSION
TO THE AGREEMENT BETWEEN THE CITY OF GEORGETOWN
AND THE LOWER COLORADO RIVER AUTHORITY (LCRA) FOR THE
PURCHASE OF ELECTRIC DISTRIBUTION AND TRANSMISSION MATERIALS
THROUGH THE LCRA ELECTRIC MATERIALS ACQUISITION PROGRAM
The Agreement between The City of Georgetown and LCRA authorized on November 2, 2003,
("Agreement') is hereby extended as follows:
The parties agree that the Agreement, authorized on November 2, 2003 for a one (1) year
period with an option to extend for a maximum of five (5) additional one year periods is
extended for one (1) additional and final year. The scope and cost of the anticipated services
are to remain the same.
The invoices will be paid by the 20`" of each month.
All other terms of the Agreement shall remain in full force and effect.
EXECUTED in duplicate original this day of 2009, at Georgetown,
Texas, where this contract is performable and enforceable.
Approved as to form: Party of the First Part:
CITY OF GEORGETOWN, TEXAS
Mark Sokolow
City Attorney
Party of the Second Part:
LOWER COLORADO RIVER AUTHORITY
By: Allen Kunze,
Manager, Customer Service
STATE OF TEXAS
COUNTY OF
George G. Garver
Mayor
Attest:
Jessica Hamilton
City Secretary
This instrument was acknowledged before me on this the day of
2009.
Notary Public
Printed Name:
Commission Expires:
Council Meeting Date: November 10, 2009 Item No.
AGENDA ITEM COVER SHEET
SUBTECT: Forwarded from the GUS Board:
Consideration and possible recommendation to approve Task Order No. AUE-10-001 with Alexander Utility
Engineering, Inc. (AUE), of San Antonio, Texas, for professional services related to the Fiber Optic Network CII' Plan
in an amount not to exceed $92,750.00. — Kenneth Arnold, Energy Services Director, Jim Briggs, ACM for Utility
Operations
ITEM SUMMARY:
This will be the third of the seven phases outlined in the 2008 Fiber Optic Network Long Range Master Plan. To
date approximately 60,000 feet of an estimated 250,000 feet of fiber has been installed. This phase will add another
70,000 feet of fiber. Alexander will provide detailed engineering and construction drawings. This phase will extend
fiber:
1. From University and Austin to James St Elevated Storage tank and Smith Branch Lift Station
2. From Georgetown Sub to Rivery Substation
3. From Rivery Substation to North Lake Water Treatment Plant
4. From North Lake Water Treatment Plant to Fire Station 4
5. From Fire Station 4 to Gabriel Substation.
All of the utility facilities along these routes will be included. Alexander also provides field quality review and
monitors test data for design conformance and overall quality.
GUS BOARD RECOMMENDATIONS:
This item was unanimously recommended by the GUS Board for Council approval at the October 19, 2009,
GUS Board meeting.
STAFF RECOMMENDATIONS:
Recommend approval for Task Order AUE-10-001 in the amount not to exceed $ 92,750.00
FINANCIAL IMPACT:
Funds for this additional expenditure are available in the Communications Equipment CII' Budget.
See the attached Budgetary and Financial Analysis sheet.
ATTACHMENTS:
CIP Budgetary & Financial Analysis
Georgetown Fiber Network Overview
AUE-10-001 Task Order
Submitted By:
Kenneth Arnold,
Energy Services Director
CIP- Budgetary and Financial Analysis Worksheet
Consulting
92,750.00 92,750.00
20%
DATE:
PROJECT NAME:
Fiber Master Plan Project 3
40E
10114/2009
0%
Other Costs
Division/Department:
GUS/Electric
Director Approval
^�
Prepared By:
Jimmy Sikes
Finance Approval
LA'KE10/15/09
TOTAL ANNUAL BUDGET
[— 474,000.00
(Current year only)
Actual Cost Agenda
Total Spent
Encumbrance Item
&Encumbered
%Annual
(A) before agenda item B
A + B
Bud et
Consulting
92,750.00 92,750.00
20%
Right of Way
0.00
0%
Construction
0.00
0%
Other Costs
0.00
0%
Total Current Year Costs 0.00 92,750.00
Approved
GENERAL LEDGER ACCOUNT NUMBER CY Budget
610-9-0580-90-021 474,000.00
Total Budget 1 474,000.00
TOTAL PROJECT BUDGET 634,900.32
(includes all previous yrs)
Prior Years Current Year Total
Spent/Encumbered Costs C
Consulting 12,900.32 92,750.00 1
Right of Way 0.00
Construction 0.00
Other Costs 0.00
Total Project Costs 1 12.900.32 1 92.750.00 1 1
Comments:
32
16.64%
0
0
0
I I �
^a
N \
LEGEND
+ PHASE THREE
EXISTING
- 1 I
FUTURE
GEORGETOWN FIBER OPTIC NETWORK OVERVIEW ®�
Project Name: Fiber Optic Network Engineering
2009/2010 CIP
Engineering Firm Name: Alexander Utility Engineering, Inc.
Task Order No. AUE-10-001
Date: 10/2/09
City's Designated Representative - Jimmy Sikes
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
General Description of Services or Project:
Provide detailed engineering and construction drawings for Phase III of the Georgetown Utility
Services (GUS) fiber optic communications network.
City Provided Information or Work: The City shall provide the following services or perform
the following work (describe): The City will provide copies of records of all existing facilities along
the routes, as necessary to determine any and all in place facilities that might be considered for use
in the construction plan. The City shall also provide field assistance as necessary to access and
evaluate the routes and associated in place facilities.
City of Georgetown Project No: 40E
General Ledger Account Number: 610-9-0580-90-021
Any documents or information related to the Work/Services provided by the City to the
Professional, including, without limitation, engineering studies, maps, reports, filed data, notes,
plans, diagrams, sketches, or maps (the "Information') is and shall remain the property of the City,
and Professional shall have no ownership or other interest in same. The Professional shall deliver
to the City, if requested, a written itemized receipt for the Information, and shall be responsible for
its safe keeping and shall return it to the City, upon request, in as good condition as when received,
normal wear and tear excepted.
Scope of Work: (describe in detail using additional or separate sheets if necessary):
1. Provide detailed engineering and construction drawings for fiber optic cable extending east on
University Ave from Austin St. to the James St. water tower and Smith Branch lift station.
A. The cable route will follow existing GUS poles and electric service for the entire
distance.
B. Design underground entrance and exit facilities at the James St. Water Tower.
C. Design underground entrance facilities at the Smith Branch lift station
Master Services Agreement - Task Order #AUE-10-001
Version 8.28.2009 Page 1
D. Design the splicing arrangement at the intersection of Austin and University, where
the new cable will connect to existing cable.
2. Provide detailed engineering and construction drawings for fiber optic cable extending from the
Georgetown Substation to Rivery Substation.
A. The cable route will leave the Georgetown substation in a southerly direction using
existing distribution facilities, and will follow this route as it crosses Interstate 35.
B. Design the crossing of Interstate 35 and prepare the highway permit for submittal
by GUS for the facility added to the existing highway crossing. The construction
contractor will be responsible for the arrangements through TXDOT for necessary
lane or road closures.
C. Design a single threaded branch and entrance facility to the Wolf Ranch lift station.
D. Design a buried cable route and prepare the highway permit for submittal by GUS
for the plant extending from the end of the existing aerial crossing north along the
southbound access road of Interstate 35 to Highway 29, crossing Highway 29.
E. Design the crossing in such a manner to connect to the existing traffic light at a later
date, and to connect a cable that will extend north along the Interstate 35
southbound access road.
F. The cable route will then extend west along the north right of way of. Highway 29 on
existing GUS electric facilities to Wolf Ranch Parkway, where it will turn north to
Rivery Drive and extend to the Rivery Substation. Design the route in such a manner
that a future cable extending west along Highway 29 can be attached at a later date.
The route will follow existing GUS electric facilities to the Rivery substation. The
route to the Rivery substation will be a single threaded branch of the network.
3. Provide detailed engineering and construction drawings for fiber optic cable extending from the
branch to the Rivery Substation to the water facilities located at Georgetown Lake.
A. Design anew cable route from the junction point described in item #21) above
north along the southbound access road of Interstate 35 to the access road bridge
crossing of the San Gabriel River.
B. Design an aerial to underground transition and bridge attachment for conduit to
attach to the Interstate 35 access road bridge. The bridge attachment design will be
reviewed and approved by a qualified structural engineer. Gather technical data for
the material used for the bridge attachment. Prepare TXDOT permit for submittal
by GUS for the bridge attachment.
C. Design an underground to aerial transition at the north end of the bridge and
continue northerly attaching to existing GUS owned electric facilities to Williams
Drive and west on Williams to Rivery Drive and Fire Station #2.
D. Design underground entrance and exit facilities at Fire Station #2.
E. Design underground entrance facilities at the Central Water Tank.
F. Design fiber optic cable route on GUS poles extending westerly along Williams to a
junction at D. R. Wood Drive, then southwesterly along D.R. Wood to Lake Overlook
Rd and on to the Georgetown Lake water treatment facilities. Create a design such
that existing traffic signals along the route can be attached to the network at a later
date.
Master Services Agreement —Task Order #AUE-10-001
Version 8.282009 Page 2
G. Design an entrance facility for the north water treatment plant at the dam.
H. Design a fiber optic cable extending from the dam facility to the second water
location.
4. Provide detailed engineering and construction drawings for fiber optic cable extending from
the Georgetown Lake junction splice to Fire Station #4
A. This route segment generally follows existing GUS poles that currently are in place. The
route follows Sequoia and other public streets to Fire Station #4. A portion of this route
leaves GUS serving territory and enters Pedernales Electric COOP (PEC) territory. GUS is to
negotiate a pole attachment agreement with PEC.
B. Design a single threaded branch and entrance facility to Sequoia ground storage tank.
C. Design a single threaded branch and entrance facility to Serenada Lift Station.
D. Design a single threaded branch and entrance facility to the Tennis Center.
E. Design a single threaded branch and entrance facility to Well #8.
F. Design three way redundant conduit entrance facilities at Fire Station #4.
5. Provide detailed engineering and construction drawings for fiber optic cable extending from
the Fire Station #4 to Gabriel Substation.
A. A portion of this route leaves GUS serving territory and enters Pedernales Electric COOP
(PEC) territory. GUS is to negotiate a pole attachment agreement with PEC. The route
generally follows PEC and GUS owned pole lines along Airport Rd to an existing power line
crossing of Interstate 35. The new facility will replace an existing fiber optic cable currently
in place in this route. A separate project will be prepared at a later date to remove the old
facility.
B. Design a single threaded branch and entrance facility to the airport.
C. Design a single threaded branch and entrance facility to the airport ground storage tank.
D. Design a crossing of Interstate 35 and prepare a highway permit for the crossing.
E. Create a splicing sheet to show details of the cable junction with existing cable facilities on
Austin Ave.
6. Perform field quality review of each segment of the project as it is completed.
7. Review all test measurements on completed cables for design conformance and overall quality
of performance.
8. The estimated cost to provide the above described services will not exceed $85,000 for labor
and materials, and $7,750 for expenses. Labor and materials include field work, drafting,
computer and all miscellaneous office supplies and materials. Expenses include lodging
expense, meals, and vehicle mileage.
Master Services Agreement —Task Order AAUE-10-001
Version 8.28.2009 Page 3
Statement Regarding Non -Collusion; Prohibited Financial Interests; Prohibited Political
Influences: (Per Article 36 in the Master Service Agreement): Professional hereby represents
and warrants to City that Professional shall not perform any work or services for a third party
that is potentially or actually related to, connected to, a part of, or integral to the work or
services that it has performed is or is performing for the City under this Task Order.
Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to
the attention of the City, and Professional agrees that the City shall be the sole judge as to
whether a conflict or potential conflict of interest with work for private parties or Developer
work exists. If in the judgment of the City such a conflict or potential conflict between City
work and Developer work exists, then Professional agrees to terminate all work under the
affected Task Order(s) immediately and that it shall not be eligible for payment for such
services.
Compensation: (Pick one)
X Time and Materials with Amount Not to Exceed: - Services to be provided at rates shown on
Exhibit B in an amount not to exceed $92,750 DOLLARS and 00 CENTS.
Lump Sum Contract: Services to be provided at rates shown on Exhibit B in an amount not
to exceed $ DOLLARS and CENTS.
APPROVED:
CITY OF GEORGETOWN PROFESSIONAL
Firm Name:
By:
By:
Name:
Name:
Title:
Title:
Address:
Address:
Phone:
Phone:
Fax:
Fax:
E -Mail:
E -Mail:
Date:
Date:
Master Services Agreement — Task Order #AUE-10-001
Version 8.28.2009
Page 4
Georgetown Utility Services
Task Order No. AUE-10-001
Optical Network- Phase III
Exhibit B
Task #1
Senior Project Manager II
10 Hours
@$100/hr
$1,000
Senior Systems Integrator IV
10 Hours
@$100/hr
$1,000
Senior Systems Integrator II
20 Hours
@$75/hr
$1,500
Task #2
Senior Project Manager II
10 Hours
@$100/hr
$1,000
Senior Systems Integrator IV
80 Hours
@$100/hr
$8,000
Senior Systems Integrator 11
100 Hours
@$75/hr
$7,500
Task #3
Senior Project Manager II
10 Hours
@$100/hr
$1,000
Senior Systems Integrator IV
60 Hours
@$100/hr
$6,000
Senior Systems Integrator II
100 Hours
@$75/hr
$7,500
Task #4
Senior Project Manager II
10 Hours
@$100/hr
$1,000
Senior Systems Integrator IV
60 Hours
@$100/hr
$6,000
Senior Systems Integrator 11
100 Hours
@$75/hr
$7,500
Task #5
Senior Project Manager 11
10 Hours
@$100/hr
$1,000
Senior Systems Integrator IV
60 Hours
@$100/hr
$6,000
Senior Systems Integrator 11
100 Hours
@$75/hr
$7,500
Task #6
Senior Project Manager II 180 Hours @$100/hr $18,000
Task #7
Senior Project Manager II 35 Hours @$100/hr $3,500
Total Estimated Labor Costs
Senior Project Manager II 265 Hours
@$100/hr $26,500
Senior Systems integrator IV 270 Hours
@$100/hr $27,000
Senior Systems Integrator II 420 Hours
@$75/hr $31,500
Total
$85,000
Estimated Expenses
Hotel plus Per Diem 36 Days
@$150/Day $5,400.00
Vehicle mileage 3,000 Miles
@$.63/mile $1,890.00
Document reproductions 613Sgft
@.75/SgFt $459.75
Rounded Total Expenses
$7,750.00
Grand Total $92,750
Council Meeting Date: November 10, 2009 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Second Reading of an Ordinance as it pertains to Section 10.16.030, and Section 10.16.082 of the Code of Ordinances parking
on all streets within the downtown overlay; making such other findings and provisions related to the subject; providing for
penalties; and declaring an effective date.
ITEM SUMMARY:
Georgetown City Council discussed suspending enforcement of the Downtown Parking Zone at the
October 27th meeting. At both the October 131h meeting and the October 271h meeting, speakers shared
thoughts and concerns about the existing 2 -hour parking zone. Merchants favoring a timed parking
presented pictures showing most of the spaces around the square being used by merchants and employees
following the discussions of lifting the timed parking. The general consensus of those attending the
October 27th" meeting was that a time limit on parking is needed. The immediate concern was having
adequate parking for the upcoming shopping season. Council discussed the need to lengthen the limited
parking time from two to three hours within the downtown overlay and approved the first reading as such.
The fine or penalty being excessive was a second concern brought to Council about the existing
parking zone. After discussions, Council approved the first reading with the new penalties or fines to be:
First Offense-
Warning
Second Offense-
Up to $20.00
Third Offense-
Up to $75.00
After the second reading of the proposed Ordinance, the signs and markings within the Downtown
Parking Zone will be replaced or modified to reflect the new extended parking time. The new parking time
will go into effect on November 25, 2009 (10 days after the approved Ordinance is published in the
newspaper).
SPECIAL CONSIDERATIONS:
To cut down on expenses, markings will be modified instead of replaced when possible.
COMMENTS:
Redraft of the Ordinance was prepared by the City Attorney.
FINANCIAL IMPACT:
Funds for this expenditure are budgeted in the Unscheduled Street Maintenance
Fund Actual Budget Available
Budget Balance
100-5-0846-52-911 Unscheduled Street $5,500 180,000 180,000
Maintenance
ATTACHMENTS:
Ordinance
Submitted By: Ji(n Briggs
Operations
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS ("CITY") AS IT PERTAINS TO
SECTION 10.16.030, AND SECTION 10.16.082 OF THE CODE
OF ORDINANCES PARKING ON ALL STREETS WITHIN THE
DOWNTOWN OVERLAY; MAKING SUCH OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING
FOR PENALTIES; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, The Georgetown City Council deemed it necessary to establish a "Downtown
Parking Zone" with a two-hour time limit in May of 2004, and
WHEREAS, The Council also encouraged visitors to Georgetown by providing unrestricted
parking passes to visitors, and
WHEREAS, Williamson County has relocated several offices from the Court House that
previously added to the traffic congestion and parking problem on the square; and
WHEREAS, Local businesses and citizens have expressed displeasure of the current two-
hour zone; and
WHEREAS, Local businesses have questioned the need for the continuation of a two-hour
"Downtown Parking Zone"; and
WHEREAS, The Council now finds it necessary to amend the "Downtown Parking" to three
(3) hours, and to modify the penalties.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS THAT:
Section 1. The meeting at which this ordinance was approved was in all things
conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
Section 2. The facts and recitations contained in the preamble of this ordinance 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
ordinance complies with the Vision Statement of the City of Georgetown 2030 Comprehensive
Plan.
Section 3. Section 10. 16.030 is hereby amended as follows:
Sec. 10.16.030. Three Hour Zones.
Three Hour Zones. When signs are in place giving notice thereof, during the hours of 9:00 a.m. to 5:00
p.m., Monday through Friday, inclusive, it is unlawful for any person to leave standing or parked, any
vehicle for a period of more than three hours in the following three-hour parking zones and each
successive three hours that a vehicle is left continuously parked in such zones constitutes a separate
offense:
1. Austin Avenue from the south curbline of Sixth Street to the north curbline of Seventh Street and the
south curbline of Eighth Street to the north curbline of Ninth Street,
2. Main Street from the south curbline of Sixth Street to the north curbline of Seventh Street and the
south curbline of Eighth Street to the north curbline of Ninth Street,
3. Seventh Street from the east curbline of Rock Street to the west curbline of Austin Avenue and the
east curbline of Main Street to the west curbline of Church Street,
4. Eighth Street from the east curbline of Rock Street to the west curbline of Austin Avenue and the east
curbline of Main Street to the west curbline of Church Street.
5. Church Street, west side between Seventh and Eighth Streets.
6. Ninth Street, both sides, between Main Street and Austin Avenue.
7. Eighth Street, south side, starting at the east curb line of Church Street to a point approximately 75
feet to the west.
Section 4. Section 10. 16.082 is hereby amended as follows:
Sec. 10.16.082. Downtown Parking Zone.
A. Definitions. The following terms, as used in this Section, have the following definitions.
(1) "Chief of Police" shall mean the Chief of Police of the City of Georgetown, Texas or his designee.
(2) "Downtown Parking Zone" shall mean the area comprised of the following public streets:
(i) Austin Avenue between 6th Street and 9th Street;
(ii) Main Street between 6th Street and 9th Street;
(iii) 7th Street between Church Street and Rock Street;
(iv) 8th Street between Church Street and Rock Street;
(v) Church Street, west side between Seventh and Eighth Streets.
(vi) Ninth street, both sides, between Main Street and Austin Avenue.
(vii) Eighth Street, south side, starting at the east curb line of Church Street to a point approximately 75
feet to the west
(3) "Motor vehicle" shall mean every vehicle which is self-propelled.
B. Offenses.
(1) Except as provided in Subsection (D), below, no person shall park any motor vehicle on any public
street in the Downtown Parking Zone for more than three consecutive hours between the hours of 9:00
a.m. and 5:00 p.m. on weekdays, Monday through Friday, without displaying a valid hospitality permit.
(2) An individual commits an offense if he displays a permit issued pursuant to this Section on a motor
vehicle other than the motor vehicle for which the permit was issued.
(3) An individual commits an offense if he displays a permit issued pursuant to this Section on a motor
vehicle on a day other than the day issued.
(4) A person commits an offense if he falsely represents himself as being eligible for a hospitality permit,
submits false documents, or otherwise makes a false statement of material fact on an application for a
permit.
C. Penalties.
(1) Any vehicle parked for more than three consecutive hours in the Downtown Parking Zone, during
times when parking is restricted and without displaying a valid permit issued under this Section, may be
issued:
(i) A warning for the first offense;
(ii) A fine not to exceed $20.00 for the second offense;
(iii) A fine not to exceed $75.00 for the third offense; and
(iv) Impoundment of vehicle with a fine not to exceed $500.00 for the fourth and any subsequent
offenses.
(2) A person who commits any other violation against the provisions of this Section is subject to the
penalties provided for in the Code of Ordinances, City of Georgetown, Texas.
(3) For purposes of this subsection, counting of repeat offenses shall commence on January 1st and
end on December 31st of each calendar year. Offenses committed in prior calendar years shall not be
counted in determining the level of penalty applied for offenses committed in subsequent calendar years.
D. Exceptions. The terms of this Section shall not apply in the following instances:
(1) Motor vehicles that are used in transporting individuals, equipment, and goods necessary for making
improvements and repairs, providing labor, and performing other services at any location within the
Downtown Parking Zone.
(2) The provisions of this Section shall not apply to parking spaces designated as "Handicapped" or
"Disabled" parking spaces.
(3) The provisions of this Section shall not apply to parking places designated as "Reserved" parking
places for Williamson County officials and employees.
(4) If the provisions of this Section are in conflict with a permit issued under the City's special event
ordinance (Chapter 12.24 of this Code), the terms of the special event permit shall control.
(5) The provisions of this Section shall not apply to vehicles that display a valid Hospitality Downtown
Parking Zone Permit or a valid Residential Downtown Parking Zone Permit.
E. Hospitality Downtown Parking Zone Permits.
(1) All visitors to the City who register with the Chief of Police, or his designee, shall be issued, free of
charge, one permit for each motor vehicle driven that exempts the holder from fines or penalties for
exceeding the time limits in the Downtown Parking Zone. The Hospitality Parking permit must be hung
from the rear view mirror of the motor vehicle.
(2) Each permit issued to a visitor will be assigned to a specific vehicle, and will only be valid for the day
it is issued. No permit may be transferred to any other individual or used for a different vehicle other than
the one to which the permit is assigned.
(3) All visitors to the City applying for a permit or permits must use the application developed by the
Chief of Police.
(4) The Chief shall, upon receiving a completed application, issue a Hospitality Parking permit to any
individual that is eligible for the permit. An individual is eligible to obtain a permit if:
(i) The individual is a visitor to the City; and
(ii) Intends to parka motor vehicle within the Downtown Parking Zone.
F. Residential Parking Zone Permits.
(1) Each residential dwelling unit in the area designated as the Downtown Parking Zone whose
occupants register with the Chief of Police, or his designee, shall be issued, free of charge, no more than
two permits for motor vehicles owned and kept by the resident at the premises located within the
Downtown Parking Zone. If there are multiple residential dwelling units within a single building, no more
than four permits shall be issued for the entire building. The Residential Parking permits must be placed
in the lower, left-hand corner of the rear window of the motor vehicle, hung from the rear view mirror of
the motor vehicle, or otherwise displayed on the dashboard of the vehicle.
(2) Each permit issued to a resident will be assigned to a specific vehicle, and will only be valid for the
particular vehicle to which it is assigned. No permit may be transferred to any other individual or used for
a different vehicle other than the one to which the permit is assigned.
(3) All residents applying for a permit or permits must use the application developed by the Chief of
Police.
(4) The Chief of Police shall, upon receiving a completed application, issue a Residential Parking Zone
permit to any individual that is eligible for the permit. An individual is eligible to obtain a permit if:
(i) The individual owns a motor vehicle; and
(ii) Resides within the Downtown Parking Zone.
(5) The individual's application for a Residential Parking Zone Permit must contain the following
information:
(i) The name, address, and Texas Driver's License number of the owner of the motor vehicle to be
parked in the Downtown Parking Zone; and
(ii) The make, model, registration, and license plate number of the motor vehicle to be parked in the
Downtown Parking Zone.
(6) The applicant for a permit must submit the following information at the time application is made for a
Downtown Parking Zone permit:
(i) A valid Texas motor vehicle registration for the motor vehicle which is the subject of the permit
application; and
(ii) A valid Texas driver's license of the applicant showing the applicant's current home address, or a
residential utility bill acceptable to the Chief of Police showing the applicant's home address.
G. Temporary Visitor Parking Zone Permits.
(1) Temporary Visitor permits shall be issued, free of charge, for persons visiting in the area, at the
written request of any person residing within the Downtown Parking Zone or any owner/operator of a
"hotel" located within the Downtown Parking zone. (For the purposes of this section, the term "hotel" shall
have the same meaning as set forth in Section 156.001 of the Texas Tax Code.) These Temporary Visitor
permits shall be valid only on the date(s) noted on the permit.
H. Miscellaneous.
(1) A permit issued pursuant to this Section, and properly displayed, authorizes the visitor's motor
vehicle to be parked in the Downtown Parking Zone for more than three consecutive hours when
otherwise prohibited by this Section. A permit does not authorize the visitor's motor vehicle to be parked
in a manner or location that is prohibited or otherwise governed by regulations, ordinances, statutes, or
laws other than provided for in this Section.
(2) A permit is not transferable from one motor vehicle to another.
(3) A lost or stolen permit may be replaced. The visitor must submit a signed affidavit stating that the
permit was lost or stolen and not transferred to another vehicle, nor given or conveyed to another
individual.
Section 5. If any provision of this ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
Section 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary
to attest. This ordinance shall become effective on November 25, 2009 in accordance with the
provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED ON FIRST READING on the day of October, 2009.
PASSED AND APPROVED ON SECOND READING on the day of November, 2009.
ATTEST:
THE CITY OF GEORGETOWN:
Jessica Hamilton, George G. Garver, Mayor
Assistant City Secretary
APPROVED AS TO FORM:
Mark Sokolow, City Attorney
Council Meeting Date: November 2, 2009 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to award a construction management agreement to CDM Constructors, Inc. (CCI)
of Houston, Texas for Lake Water Treatment Plant (LWTP) Filter # 10 and Sun City Pump No. 4 and 5 for an amount
not to exceed $2,033,200.00 utilizing the procurement for health and safety reason as provided under Section
552.022(a)(2) Local Government Code and authorizing independent construction observation services from CH2M
HILL OMI under the terms of their existing agreement. — Mark Sokolow — City Attorney
ITEM SUMMARY:
The LWTP expansion is in progress with the first phase of the project being the addition of a second 3 MG GST
to provide additional storage to meet peak demand. The second phase of expansion involves the addition of 11
MG of treatment capacity. The second phase of the project will begin within the next few months with a
completion date of December 2011. The recent drought conditions, summer peak demands, system growth, and
the degradation of the City's groundwater availability during the drought require that someadditional treatment
and pumping capacity in the current expansion project be available by the summer of 2010.
Due to the current situation, a situation exists affecting the health and safety of the public under peak
demands created by either drought conditions or fire fighting and loss of groundwater supply that the
acceleration of a portion of the project can alleviate. Therefore, staff recommends the completion of this
project using the exception from competitive bidding for procurements necessary to preserve or protect public
health and safety of the citizens as allow by Local Government Code Section 252.022(ax2). The City has
selected CCI of Houston, Texas and Cunningham Constructors & Associates, Inc. of Georgetown, Texas due to
their previous work on the LWTP.
The total Base Bid is $1,875,200. The base bid includes the construction of Filter 10 and the installation of
Sun City Pump No.4 and the cans for Sun City Pump No.4 and 5. The engineering estimate for the base bid
was $1,800,000. Additive Alternate No.1 is for furnishing and installing Sun City Pump No.5 and totals
$158,000. If the project is award by November 2009 it should be substantially complete by June 2010. Staff
recommend that CCI is awarded the Base Bid and Additive Alternate No.1 for a total contract amount of not
to exceed $2,033,200. The cost of the project will be shared between CTSUD and the City with CTSUD
reimbursing the City for 50% of the cost of Filter #10.
GUS BOARD RECOMMENDATION:
This item was recommended by the GUS Board by a 5-1-1 (Page, Nett, Quinn, Beach & Eason for, Sattler
opposed, Lenning absent) for Council approval at the October 19, 2009, GUS Board meeting.
STAFF RECOMMENDATION:
Staff recommends that the Council find that this procurement is necessary to protect the health and safety
of the public as allowed by Local Government Code Section 252.022(a)(2).
Staff recommends awarding a contract to CDM Constructors Inc. (CCI), of Houston, Texas, for Lake Water
Treatment Plant (LWTP) Filter 910 and Sun City Pump No. 4 and 5 for $2,033,200.00.
FINANCIAL IMPACT:
See attached CIP Budgetary & Financial Analysis Sheet.
ATTACHMENTS:
1. CIP Budget & Financial Analysis Sheet
2. Engineer's Letter of Recommendation
3. GUS Board and Council Minutes
4. CCI CMAR Agreement
Submitted By: Mark Sokolow
City Attorney
ATTACHMENT #1
CIP- Budgetary and Financial Analysis Worksheet.
Consulting
0.00
0%
Right of Way
DATE:
PROJECT NAME:
LWTP Filter #10 & Sun City
Pump 4 & 5
2MB
1011512009
0.00
0%
2,033,200.00
Division/Department:
GUS I Water
Other Costs
Director Approval
0.00
0.00
0%
Prepared By:
Michael Hallmark
Finance Approval
LAKE 10/15/09
TOTAL ANNUAL BUDGET
4,000,000.00
(Current year only)
Actual Cost
Agenda
Total Spent
Encumbrance
Item
& Encumbered
% Annual
(A) before agenda item
(B)
(A+ B)
Budget
Consulting
0.00
0%
Right of Way
0.00
0%
Construction
2,033,200.00 2,033,200.00
51%
Other Costs
0.00
0%
Total Current Year Costs 0.00 2,033,200.00
Approved
3ENERAL LEDGER ACCOUNT NUMBER CY Budget
60-9-0580-90-210 4, 000, 000.00
Total Budget 1 4,000,000 00
"Chisholm Trail Special Utility district- is reimbursing the City for a portion
of the cost for the expansion of the Lake Water Treatment Plant —($1,500,000)
TOTAL PROJECT BUDGET r 4,000,000.00
(includes all previous yrs)
Prior Years Current Year Total Project % Total
Soent/Encumbered I Cos I Cos I Budoet
Consulting CDM
183,000.00
0.00
183,000.00
5%
Right of Way
0.00
0.00
0%
Construction
2,033,200.00
2,033,200.00
51%
Other Costs
0.00
0.00
0%
Total Project Costs
Comments:
1
2
►wAtcWzeilxrIol
ATTACHMENT #2
12357-A 8iata Trace Parkway, Suite 210
Austin, Texas 78727
teL 512346-1100
faX 512 345-1483
October 12, 2009
Mr. Tom Benz, P.E.
System Engineering Director
Georgetown Utility Systems
300 Industrial Ave.
Georgetown, TX 78626.
RE: Lake Water Treatment Plant
Filter 10 and Sun City Pump Station Improvements
Construction Manager at Risk Bid
Recommendation of Award
Dear Mr. Benz:
Transmitted with this letter is one original of Section 00300, Bid Form, for the Lake Water
Treatment Plant, Filter 10 and Sun City Pump Station Improvements Project As you are
aware, this project is proposed to be constructed under the Construction Manager at Risk
(CMAR) delivery method to speed the installation of this critically needed infrastructure. If
the improvements included in this project are not completed and ready for use during the
summer of 2010, there is the potential for a threat to the health and safety to the citizens in the
City of Georgetown The Bid Form has been completed by CCI in conjunction with
Cunningham Constructors & Associates, Inc. If the City finds the Bid acceptable, CCI will
complete the CMAR Agreement that has been forwarded to them previously and include the
necessary bonds and insurance certificates. The total Base Bid is $1,875,200. The base bid
includes the construction of Filter 10 and the installation of Sun City Pump No. 4 and the cans
for Sun City Pump No. 4 and 5. Additive Alternate No.1 is for furnishing and installing Sun
City Pump No. 5 and totals $158,000. We recommend that the City award the Base Bid and
Additive Alternate No.1 for a total contract amount of $2,033,200.
000nse a k,
consulting . engineering • construction - operations
204&72607
City of Georgetown
Lake Water Treatment Plant
Filter 10 and Sun City Pumps
SECTION 00300
1,31030)41
= OF GEORGETOWN
LAKE WATER TREATMENT PLANT
FILTER 10 AND SUN CITY PUMP STATION IMPROVEMENTS
CONTRACT IDENTIFICATION AND NUMBER:
BID:
TMS BID IS SUBMITTED TO:
The City of Georgetown
Georgetown Municipal Complex
ATTN: Purchasing
300-1 Industrial Avenue
Georgetown, Texas 78626
RECD OCT 12 20M
1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement
with OWNER in the form included in the Bidding Documents to perform all Work as specified or
indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in
accordance with the other terms and conditions of the Bidding Documents.
1.02 BIDDER understands and agrees that the OWNER has the right to reject any or all Bids and to
waive any informalities.
2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to Bidders, including without limitation those dealing with the disposition of Bid
security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such
longer period of time that Bidder may agree to in writing upon request of OWNER
3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that:
A. Bidder has examined and carefully studied the Bidding Documents, the other related data
identified in the Bidding Documents, and the following Addenda, receipt of all which is
hereby acknowledged.
Addendum No. Addendum Date
B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local
and Site conditions that may affect cost, progress, and performance of the Work.
GEORGETOWN FILTERIBSUNCT'PS BID FORM TT EDITS.DOC 003MI 10MUM
204&72607
City of Georgetown
Lake Water Treatment Plant
Filter 10 and Sun City Pumps
C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress and performance of the Work.
D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the Site (except
Underground Facilities) which have been identified in the Supplementary Conditions as
provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a
Hazardous Environmental Condition, if any, which has been identified in the
Supplementary Conditions as provided in paragraph 4.06 of the General Conditions.
E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies and
data concerning conditions (surface, subsurface and Underground Facilities) at or
contiguous to the Site which may affect cost, progress, or performance of the Work or
which relate to any aspect of the means, methods, techniques, sequences, and procedures of
construction to be employed by Bidder, including applying the specific means, methods,
techniques, sequences, and procedures of construction expressly required by the Bidding
Documents to be employed by Bidder, and safety precautions and programs incident
thereto.
F. Bidder does not consider that any further examinations, investigations, explorations, tests,
studies, or data are necessary for the determination of this Bid for performance of the Work
at the price(s) bid and within the times and in accordance with the other terms and
conditions of the Bidding Documents.
G. Bidder is aware of the general nature of work to be performed by OWNER and others at
the Site that relates to the Work as indicated in the Bidding Documents.
H. Bidder has correlated the information known to Bidder, information and observations
obtained from visits to the Site, reports and drawings identified in the Bidding Documents,
and all additional examinations, investigations, explorations, tests, studies, and data with
the Bidding Documents.
Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the Bidding Documents, and the written
resolution thereof by ENGINEER is acceptable to Bidder.
J. The Bidding Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for the performance of the Work for which this Bid is submitted
4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any
undisclosed individual or entity and is not submitted in conformity with any agreement or Hiles of
any group, association, organization or corporation; Bidder has not directly or indirectly induced or
solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any
individual or entity to refrain from bidding, and Bidder has not sought by collusion to obtain for
itself any advantage over any other Bidder or over OWNER-
GEORGETOWN
WNER
GEORGETOWN FILTER10SUNCITYPS BID FORM TT EDITS.DOC 00300-2 10/&21109
2048-72607
City of Georgetown
Lake Water Treatment Plant
Filter 10 and Sun City Pumps
5.01 Bidder will complete the Work in accordance with the Contract Documents for the following
price(s):
SCHEDULE OF PRICES
CITY OF GEORGETOWN
LAKE WATER TREATMENT PLANT
FILTER 10 AND SUN CITY PUMP STATION IMPROVEMENTS
BASE BID ITEM NO. 1: For design, installation, maintenance and removal of Trench Excavation
Safety Systems as shown or as alternatively proposed and approved as required in all trenches deeper
than five (5) feet.
100 L.F. @ $ 2.00 /L.F. $ 200.00
(FMS)
Two Hundred Dollars
(wRnTSN)
BASE BID ITEM NO. 2: For installation, including backwash troughs, filter underdrains, filter media,
piping, motor operated valves, flow meter, reinforced concrete structure and appurtenances, excavation,
and backfill required; for the Filter 10, complete in place, as detailed and specified, including cleaning
and disinfection, and all related necessary items. This item includes all related insurance, bonds, general
and administrative costs and other miscellaneous costs, overhead and profit associated with this item.
LUMP SUM $ 1,290,000.00
(FIGURES)
One Million Two Hundred Ninety Thousands Dollars
(WRY TEN)'
BASE BID ITEM NO. 3: For installation of Sun City Pump No. 4, two pump cans (for Sun City Pump
No. 4 and No. 5), piping and valves, electrical, including all appurtenances, excavation and backfill as
detailed and specified, including testing, disinfection and all related necessary items.. This item includes
all related insurance, bonds, general and administrative costs and other miscellaneous costs, overhead
and profit associated with this item.
LUMP SUM $ 585.000.00
(FIGURES)
Five Hundred Eighty Five Thousand Dollars
(WRQ)
TOTAL BASE BID (TOTAL OF ITEMS 1-3) $ 1.875.200.00
(FIGURES)
One Million Eight Hundred Seventy Five Thousand Two Hundred Dollars
(w'RTITEN)
The above Prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance,
etc., to cover the finished work of the several kinds called for. The Bidder understands that the Owner
reserves the right to reject any or all bids and to waive any informalities in the bidding.
GEORGETOWN FILTER10SUNCITYPS BID FORM TT EDITS.DOC 00300-3 1032009
2048.72607
City of Georgetown
Lake Water Treatment Plant
Filter 10 and Sun City Pumps
ADDITIVE AND DEDUCTIVE ALTERNATES
After reviewing the Total Base Bid Amount, at the OWNER's discretion, OWNER may elect one or
more of the following additive and deductive alternates in any order as determined by the OWNER to be
in their best interest. Alternates will be accepted based on availability of funds and will be considered in
the selection of the low bidder.
ADDITIVE BID ITEM NO. 1— For installation of Sun City Pump No. 5, piping and valves, electrical,
including all appurtenances, excavation and backfill as detailed and specified, including testing,
disinfection and all related necessary items.. This item includes all related insurance, bonds, general and
administrative costs and other miscellaneous costs, overhead and profit associated with this item.
LUMP SUM
One Hundred Fifty Ei¢ht Thousand Dollars
(WRMEN)
$ 158.000.00
(FIGURES)
6.01 Bidder agrees that the Work will be substantially complete within 220 calendar days after the date
of the written Notice-to-Procced and to fully complete project and ready for final payment within
270 calendar days after the date of the written Notice -to -Proceed.
6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to
complete the Work within the times specified above, which shall be stated in the Agreement.
7.01 The following documents are attached to and made a condition of this Bid:
A. Required Bid security in the form of not required for CMAR delivery
7.02 BIDDER must answer the following questions using the following definitions:
RESIDENT BIDDER - A bidder whose principal place of business is in Georgetown, Texas and
includes a contractor whose ultimate parent company or majority owner has its principal place of
business in Georgetown, Texas.
NON RESIDENT BIDDER - A bidder whose principal place of business is not in Georgetown,
Texas, but excludes a contractor whose ultimate parent company or majority owner has its principal
place of business in Georgetown, Texas.
a. Is the BIDDER that is making and submitting this Bid a "RESIDENT BIDDER"?
carr, 77;
b. Is the BIDDER that is making and submitting this bid a "NONRESIDENT BIDDER"?
Answer-
GEORGETOWN
nswer
GEORGETOWN FILTER10SUNCITYPS BID FORM TT EDITS.DOC 003004 MUM
2048-72607
City of Georgetown
Lake Water Treatment Plant
Filter 10 and Sun City Pumps
c. If the answer to Question A above is "yes", then in purchasing real property, personal
property not affixed to real property, or services, if the OWNER receives one or more
competitive sealed Bids from a RESIDENT BIDDER whose Bid is within five (5%) of
the lowest bid price received by the OWNER who is a NONRESIDENT BIDDER, the
OWNER may enter into a contract with:
1) the lowest bidder, or
2) the RESIDENT BIDDER, if the City Council determines, in writing, that the
RESIDENT BIDDER offers the OWNER the best combination of contract price
and additional economic development opportunities for the OWNER created by
the contract award, including the employment of residents of the City of
Georgetown and increased tax revenues to the City of Georgetown.
d. Notwithstanding the foregoing, this section does not prohibit the OWNER from
rejecting all bids.
e. This section is authorized by Section 271.9051 of the Texas Local Government Code.
8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions
to Bidders, the General Conditions, and the Supplementary Conditions.
SUBMITTED on . 20.
GEORGETOWN FILTERIOSLINCITWS BID FORM TT EDITS.DOC 00300-5 - 1018@009
2048-72607
City of Georgetown
Lake Water Treatment Plant
Filter 10 and Sun City Pumps
xA CORPORATION
Corporate Name: CDM Constructors Inc.
State of Incorporation: Massachusetts
Date of Incorporation: 6/16/1992
Type: General Business
(GENERAL BuswEss,PRoFEssiowu.Smvx:E;LimnED Umam,src.)
Name: ,Em a l
PRunFn/IVEm NAME OF CORPORATE
Lo
To SIGN
P
CORPORATE
SEAL
Sfpat bh of Corporate Secretary
Business address: 3050 Post Oak Blvd Ste 300
Houston. TX 77056
Phone No.: 713-423-7300
FAX No.: 713-840-0173
e -Mail: BaileyPT@cdm.com
O A JOINT VENTURE
Joint Venture
Name:
Un
PRwTEogYPEDNAMEoF Jowr VEMn/RE PARTNER
SmmATLiREoF JOurr VenuRE PARTm -ATTACH Evmm4cE oFAunaRnwTioN To Sm
l: 73SL"Pd�R'�F.tR�A
SEAL:
Phone No.:
FAX No.:
e -Mail:
GEORGETOWN FILTER10SUNCITYPS BID FORM TT EDITS. DOC 00300-7 10182009
20asazs07
City of Georgetown
Lake Water Treatment Plant
Filter 10 and Sun City Pumps
Number and Address for receipt of official communications:
Phone No.:
FAX No.:
e -Mail:
Note: Each Joint Venture partner must sign. Each Sole Proprietor, Partnership &/or Corporation that is
a party to the Joint Venture should sign and complete the information as indicated above.
END OF SECITON
GEORGETOWN FILTER10SUNCnYPS BID FORM TT EDITS DOC 00300-8 10OW09
ATTACHMENT #3
Minutes from the August 18, 2009 GUS Board Meeting:
C. Consideration and possible recommendation to approve Task Order No. CDM -09-007 with Camp Dresser & McKee,
Inc. (CDM), of Austin, Texas, for professional services related to the design and construction of a Lake Water Treatment
Plant Expansion (LWTP) Filter #10 and Sun City Pump No. 4 for $183,000.00. -- Tom Benz
Discussion: Benz explained that the utility needs to expedite the expansion of the LWTP Filter #10 and Sun City
Pump #4 for emergency health and safety reasons in order to provide sustainable potable water supply, maintain
fire protection and provide some back up for the ground water supply by the summer of 2010.
This task order provides for the regulatory, design, bidding and construction phase of the LWTP expansion. CDM is the
best qualified firm to perform this work due to their knowledge of the LWTP.
Action: Motion by Nett, seconded by Lenning to approve Task Order No. CDM -09-007 with Camp Dresser & McKee, Inc.
for an amount of $183,000.00.
Approved 6-0-1 (Beach absent)
Minutes from the September 8, 2009 COUNCIL Meeting:
O Forwarded from the Georgetown Utility System (GUS) Advisory Board:
Consideration and possible action to approve Task Order No. CDM -09-007 with Camp Dresser & McKee, Inc. (CDM),
of Austin, Texas, for professional services related to the design and construction of a Lake Water Treatment Plant
Expansion (LWTP) Filter #10 and Sun City Pump No. 4 for $183,000.00 — Glenn Dishong, Water Services Director
and Jim Briggs, Assistant City Manager for Utility Operations
Dishong reviewed the item and said this project accelerates what would be a larger project and pulls out aspects of
the larger project, which will add treatment capacity on the ground. He siad the item was recommended unanimously
by the GUS Board. Motion by Sensing, second by Berryman to approve the task order.
Berryman asked and Dishong said the current issue is not only the Citys treatment capacity, but also the fact that the
aquifer level is so low that there is a lack of water to treat. Sansing said this will help eliminate issues for next year
and Dishong said this will provide backup for the current vulnerabilities in the system. He said the plants could treat
Much more if the City could get more water to them. There was much discussion. Approved 7-0
AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER AT RISK WHERE
CONSTRUCTION MANAGER AT RISK
IS ALSO THE CONSTRUCTOR
CITY OF GEORGETOWN
KNOW ALL BY THESE PRESENTS:
THE STATE OF TEXAS
THIS AGREEMENT is made and entered into on this 2nd day of the month of November, 2009,
by and between the City of Georgetown. Texas, a home -rule city and municipal corporation with principal
offices located at 113 East 8r" Street, Georgetown, Williamson County, Texas, 78626 (hereinafter referred
to as the "Owner"). and CDM Constructors, Inc., with principal offices located at 3050 Post Oak Blvd. Ste
300, Houston, TX. 77056 (hereinafter referred to as the *Construction Manager").
For and in consideration of the mutual terms, conditions and covenants of this Agreement, and
accompanying documents between the Owner and the Construction Manager and in consideration of
payments as set forth therein, the Construction Manager hereby agrees to commence and complete the
requirements set forth in this Agreement for the following Project:
City of Georgetown Lakewater Treatment Plant Filter 10 and Sun City Pump Station
Improvements (collectively "The Project"),
Together with any and all extra work reasonably inferable from and in accordance with the Project
Manual, Drawings and Addenda, as prepared by the Engineer, CDM, 12357-A Riata Trace Parkway, Suite
210, Austin, Texas 78727, and approved by the Owner.
The Construction Manager hereby agrees to substantially complete within 220 calendar days
after the date of the written Notice -to -Proceed and to fully complete project and ready for final payment
within 270 calendar days after the date of the written Notice -to -Proceed.
Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach.
The Owner agrees to pay the Construction Manager from appropriated funds for satisfactory
performance of this Agreement in accordance with the bid or proposal submitted therefor, subject to
proper additions and deductions, all as provided in the General Conditions, Supplemental Conditions, and
Special Conditions of this Agreement, and the Owner agrees to make payments on account thereof as
provided therein. The Owner warrants and represents that it has appropriated the sum of $2,033,200 from
which to pay the Construction Manager for the Construction Manager's Work under this Agreement.
Both Owner and Construction Manager expressly agree and assert that in the event of any
dispute over the meaning or application of this Agreement, this Agreement shall be interpreted reasonably
and fairly, and neither more strongly for nor against either party.
IN WITNESS WHEREOF, both parties have caused this Agreement to be signed in their
respective corporate names by duly authorized representatives, and the parties hereby bind themselves,
their successors and assigns for the faithful and full performance of the terms and provisions hereof
ARTICLE 1
GENERAL PROVISIONS
1.1 RELATIONSHIP OF PARTIES
The Construction Manager accepts the relationship of trust and confidence established with the Owner by
this Agreement, and covenants with the Owner to furnish the Construction Manager's reasonable skill and
judgment and to cooperate with the Engineer in furthering the interests of the Owner. The Construction
Manager shall furnish construction administration and management services and use the Construction
Managers best efforts to perform the Project in an expeditious and economical manner consistent with the interests
of the Owner.
1.2 GENERAL CONDITIONS
All references in this Agreement to any General Conditions shall mean only the City of Georgetown's General
Conditions, which are attached hereto and made a part hereof. The term "Contractor" as used in General Conditions
shall mean the Construction Manager.
ARTICLE 2
CONSTRUCTION MANAGER'S RESPONSIBILITIES
The Construction Manager shall perform the services described in this Article. The services to be provided under
Sections 2.1 and 2.2 constitute the Preconstruction Phase services.
2.1 CONSTRUCTION MANAGER'S DESIGNATED REPRESENTATIVE
The Construction Manager hereby designates in writing the following representative:
Peter T. Bailey
CDM Contructors, Inc.
3050 Post Oak Blvd., Ste. 300
Houston, Texas 77056
Telephone: (713)423-7300
Fax: (713) 840-0173
Email address: BaileyPT@rdm.com
2.2 PRECONSTRUCTION PHASE
2.2.1 PRELIMINARY EVALUATION
The Construction Manager shall provide a preliminary evaluation of the Owner's program and Project budget
requirements, each in terms of the other.
2.2.2 CONSULTATION The Construction Manager with the Engineer shall jointly schedule and attend regular meetings with the
Owner. The Construction Manager shall consult with the Owner and Engineer regarding site use and improvements and the selection
of materials, building systems and equipment. The Construction Manager shall provide recommendations on construction feasibility;
actions designed to minimize adverse effects of labor or material shortages; time requirements for procurement, installation and
construction completion; and factors related to construction cost, including estimates of alternative designs or materials,
preliminary budgets and possible economies.
2.2.3 PRELIMINARY PROJECT SCHEDULE
When Project requirements described in Section 3.1.1 have been sufficiently identified, the Construction Manager
shall prepare, and pedodirally update, a preliminary Project schedule for review and approval by Owner and
Engineer. The Construction Manager shall obtain the Owner's approval of the portion of the preliminary Project
schedule relating to the performance of the Owner's services. The Construction Manager shall coordinate and
integrate the preliminary Project schedule with the services and activities of the Owner, Engineer and Construction
Manager. As design proceeds, the preliminary Project schedule shall be updated to indicate proposed activity
sequences and durations, milestone dates for receipt and approval of pertinent information, submittal of a
Guaranteed Maximum Price proposal, preparation and processing of shop drawings and samples, delivery of
materials or equipment requiring long -lead-time procurement, Owner's occupancy requirements shovnng portions of
the Project having occupancy priority, and proposed date of Substantial Completion. If preliminary Project schedule
updates indicate that previously approved schedules may not be met, the Construction Manager shall make
appropriate recommendations to the Owner and Engineer.
2.2.4 PHASED CONSTRUCTION
The Construction Manager shall make recommendations to the Owner and Engineer regarding the phased issuance
of Draw ngs and Specifications to facilitate phased construction of the Work, if such phased construction is
appropriate for the Project, taking into consideration such factors as economies. lime of performance, availability of
labor and materials, and provisions for temporary facilities.
2.2.5 PRELIMINARY COST ESTIMATES
2.2.5.1 When the Owner has sufficiently identified the Project requirements and the Engineer has prepared other
basic design criteria, the Construction Manager shall prepare, for the review of the Engineer and approval of the
Owner, a preliminary cost estimate utilizing area, volume or similar conceptual estimating techniques.
2.2.5.2 When Schematic Design Documents have been prepared by the Engineer and approved by the Owner, the
Construction Manager shall prepare, for the review of the Engineer and approval of the Owner, a more detailed
estimate with supporting data. During the preparation of the Design Development Documents, the Construction
Manager shall update and refine this estimate at appropriate intervals agreed to by the Owner, Engineer and
Construction Manager.
2.2.5.3 When Design Development Documents have been prepared by the Engineer and approved by the Owner, the
Construction Manager shall prepare a detailed estimate with supporting data for review by the Engineer and approval
by the Owner. During the preparation of the Construction Documents, the Construction Manager shall update and
refine this estimate at appropriate intervals agreed to by the Owner. Engineer and Construction Manager.
2.2.5.4 If any estimate submitted to the Owner exceeds previously approved estimates or the Owner's budget, the
Construction Manager shall make appropriate recommendations to the Owner and Engineer.
2.3 SUBCONTRACTORS AND SUPPLIERS
In addition to complying with statutory requirements of Local Government Code, Section 271.118 et. seq. regarding
advertising, the Construction Manager shall also seek to develop subcontractor interest in the Project, and may at
any time provide documentation to potential bidders. The Construction Manager may furnish to the Owner and
Engineer for their information a list of possible subcontractors, including suppliers who are to furnish materials or
equipment fabricated to a special design, from whom proposals may be requested for each principal portion of the
Work. The Engineer shall promptly reply in writing to the Construction Manager if the Engineer or the Owner know of
any objection to such subcontractor or supplier. The receipt of any such list from the Construction Manager shall not
require the Owner or Engineer to investigate the qualifications of proposed subcontractors or suppliers, nor shall it
waive the right of the Owner or Engineer later to object to or refect any proposed subcontractor or supplier.
Notwithstanding, due to the existing condition of the filters, the City has an immediate urgency to complete this
Project under Section 552.022(a)(2) Local Government Code for public health and safety. Therefore, the
subcontractor, Cunningham Constructors and Associates, Inc. (CCA) is herein approved to construct the fitter unit
with other subcontractors and suppliers to be mutually agreed by both parties.
2.3.1 Subcontractors and suppliers shall be selected in accordance with Sections 2.6.2.1 and 2.6.2.2 herein.
2.3.2 LONG -LEAD-TIME ITEMS
The Construction Manager shall recommend to the Owner and Engineer a schedule for procurement of long -lead-
time items which will constitute part of the Work as required to meet the Project schedule. The Construction Manager
shall expedite the delivery of long -lead-time items.
2.4 EXTENT OF RESPONSIBILITY
The Construction Manager does not warrant or guarantee estimates and schedules except as may be included as
part of the Guaranteed Maximum Price established in this Agreement. The recommendations and advice of the
Construction Manager concerning design alternatives shall be subject to the review and approval of the Owner and
the Owners professional consultants. It is not the Construction Manager's responsibility to ascertain that the
Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, building codes, rules and
regulations. However, if the Construction Manager recognizes that portions of the Drawings and Specifications are at
variance therewith, the Construction Manager shall promptly notify the Engineer and Owner in writing.
2.5 GUARANTEED MAXIMUM PRICE PROPOSAL AND CONTRACT TIME
2.5.1 When the Drawings and Specifications are sufficiently complete, the Construction Manager shall propose a
Guaranteed Maximum Price, which shall be the sum of the estimated Cost of the Work. Notwithstanding, in this case,
the Construction Manager has reviewed the preliminary drawings and the Guaranteed Maximum price is $2,033,000.
2.5.2 As the Drawings and Specifications may not be finished at the time the Guaranteed Maximum Price proposal is
prepared, the Construction Manager shall provide in the Guaranteed Maximum Price for further development of the
Drawings and Specifications by the Engineer that is consistent with the Contract Documents and reasonably inferable
therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of
materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order.
2.5.3 The estimated Cost of the Work shall include the Construction Manager's contingency, a sum established by
the Construction Manager for the Construction Manager's exclusive use to cover costs arising under Section 2.2.2
and other costs which are properly reimbursable as Cost of the Work but not the basis for a Change Order.
2.5.4 BASIS OF GUARANTEED MAXIMUM PRICE
The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its
basis, which shall include:
.1 A list of the Drawings and Specifications, including all addenda thereto and the Conditions of the
Contract, which were used in preparation of the Guaranteed Maximum Price proposal.
.2 A list of allowances and a statement of their basis.
.3 A list of the clarifications and assumptions made by the Construction Manager in the preparation of
the Guaranteed Maximum Price proposal to supplement the information contained in the Drawings
and Specifications.
.4 The proposed Guaranteed Maximum Price, including a statement of the estimated cost organized
by trade categories, allowances, contingency, and other items and the Fee that comprise the
Guaranteed Maximum Price.
.5 The Date of Substantial Completion upon which the proposed Guaranteed Maximum Price is
based, and a schedule of the Construction Documents issuance dates upon which the date of
Substantial Completion is based.
2.5.5 The Construction Manager shall meet with the Owner and Engineer to review the Guaranteed Maximum Price
proposal and the written statement of its basis. In the event that the Owner or Engineer discover any inconsistencies
or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make
appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both.
2.5.6 Unless the Owner accepts the Guaranteed Maximum Price proposal in writing on or before the date specified in
the proposal for such acceptance and so notifies the Construction Manager, the Guaranteed Maximum Price
proposal shall not be effective without written acceptance by the Construction Manager.
2.5.7 Prior to the (hvner's acceptance of the Construction Managers Guaranteed Maximum Price proposal and
issuance of a Notice to Proceed, the Construction Manager shall not incur any cost to be reimbursed as part of the
Cost of the Work, except as the Owner may specifically authorize in writing.
2.5.8 Upon acceptance by the Owner of the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price
and its basis shall be set forth in Amendment No. 1. The Guaranteed Maximum Price shall be subject to additions
and deductions by a change in the Work as provided in the Contract Documents, and the Date of Substantial
Completion shall be subject to adjustment as provided in the Contract Documents.
2.5.9 The Guaranteed Maximum Price shall include in the Cost of the Work only those sales tax which are for
unincorporated materials.
2.5.10 Due to the urgent need to complete the work and the fad that the Construction Manager has reviewed the
preliminary drawings and the City has reviewed the proposed Guaranteed Maximum Price, the City does accept the
Guaranteed Maximum Price of $2,033,200.
2.6 CONSTRUCTION PHASE
2.6.1 Commencement
The Construction Phase shall commence on the earlier of:
(1) The Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, and
the Owner's issuance of a Notice to Proceed; or
(2) The Owner's first authorization to the Construction Manager to:
(a) award a subcontract, or
(b) undertake construction Work with the Construction Managers own forces, or
(c) issue a purchase order for materials or equipment required for the Work.
2.6.2 Administration
2.6.2.1 The Construction Manager may publicly advertise (in accordance with Texas Local Government Code,
Section 271.025 and receive bids or proposals from trade contractors or subcontractors for the performance of all
major elements of the Work other than the minor work that may be Included in the General Conditions, all in
accordance with Texas Local Government Code, Section 271.118(h). The Construction Manager may seek to
perform portions of the Work itself if it submits its bid or proposal for those portions of the Work in the same manner
as all other trade contractors or subcontractors and if the Owner determines that the Construction Managers bid or
proposal provides the best value for the Owner. In accordance with Texas Local Government Code, Section
271.118(1), the Construction Manager and the Owner or its representative should, if applicable, review all trade
contractor or subcontractor bids or proposals in a manner that does not disclose the contents of the bid or proposal
during the selection process to a person not employed by the Construction Manager, Engineer, Engineer, or Owner.
All bids or proposals shall be made public after the award of the contract or not later than the seventh (7th) day after
the date of final selection of bids or proposals, whichever is later. Nevertheless, as previously noted, the City has an
Immediate urgency to complete this project under Section 552.022(a)(2) Local Government Code. Therefore, the
subcontractor. Cunningham Constructors Associates, Inc. is herein approved as to construct the filter unit with other
subcontractors to be mutually agreed to by the parties.
2.6.2.2. If the Construction Manager reviews, evaluates, and recommends to the Owner a bid or proposal from a
trade contractor or subcontractor but the Owner requires another bid or proposal to be accepted, the Owner shall
compensate the Construction Manager by a change In price, time, and/or Guaranteed Maximum Price for any
additional cost and risk that the Construction Manager may incur as a result of the Owners requirement that another
bid or proposal be accepted.
2.6.2.3 Subcontracts and agreements with suppliers furnishing materials or equipment fabricated to a special design
shall conform to the payment provisions of Sections 7.1.8 and 7.1.9 and shall not be awarded on the basis of cost
plus a fee without the prior written consent of the Owner.
2.6.2.4 The Construction Manager shall schedule and conduct meetings at which the Owner, Engineer,
Construction Manager and appropriate Subcontractors can discuss the status of the Work. The Construction
Manager shall prepare and promptly distribute meeting minutes.
2.6.2.5 Promptly after the Owner's acceptance of the Guaranteed Maximum Price proposal, the Construction
Manager shall prepare a schedule in accordance with the General Conditions, including the Owners occupancy
requirements.
2.6.2.6 The Construction Manager shall provide monthly written reports to the Owner and Engineer on the progress
of the entire Work. The Construction Manager shall maintain a daily log containing a record of weather,
Subcontractors working on the site, number of workers, Work accomplished, problems encountered and other similar
relevant data as the Owner may reasonably require. The log shall be available to the Owner and Engineer.
2.6.2.7 The Construction Manager shall develop a system of cost control for the Work, including regular monitoring
of actual costs for activities In progress and estimates for uncompleted tasks and proposed Changes. The
Construction Manager shall identify variances between actual and estimated costs and report the variances to the
Owner and Engineer at regular Intervals.
2.7 PROFESSIONAL SERVICES
The Construction Manager shall not be required to provide professional services that constitute the practice of
engineering, unless such services are specifically required by the Contract Documents or unless the Construction
Manager has specifically agreed in writing to provide such services. In such event, the Construction Manager shall
cause services to be performed by appropriately licensed professionals.
2.6 HAZARDOUS MATERIALS
Section 4.4 of the General Conditions shall apply to both the Preconstruction and Construction Phases.
ARTICLE 3
OWNER'S RESPONSIBILITIES
3.1 INFORMATION AND SERVICES
3.1.1 The Owner shall provide full information in a timely manner regarding the requirements of the Project,
including a program which sets forth the Owners objectives, constraints and criteria, including space requirements
and relationships, flexibility and expandability requirements, special equipment and systems, and site requirements,
3.1.2 STRUCTURAL AND ENVIRONMENTAL TESTS, SURVEYS AND REPORTS
In the Preconstruction Phase, the Owner shall furnish the following with reasonable promptness and at the Owner's
expense:
3.1.2.1 Reports, surveys, drawings and tests concerning the conditions of the site which are required by law.
3.1.2.2 Surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and
a written legal description of the site.
3.1.2.3 The services of a geotechnical engineer when such services are reasonably requested by the Construction
Manager. Such services may include but are not limited to test borings, test pits, determinations of soil bearing
values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including
necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations.
3.1.2.4 Structural, mechanical, chemist, air and water pollution tests, tests for hazardous materials, and other
laboratory and environmental tests, inspections and reports which are required by law.
3.1.2.5 The services of other consultants when such services are reasonably required by the scope of the Project
and are requested by the Construction Manager.
3.2 OWNER'S DESIGNATED REPRESENTATIVE
The Owner hereby designates in writing the following representative, in accordance with the General Conditions:
Mr. Thomas Benz
Systems Engineering Director
City of Georgetown
300-1 Industrial Ave
Georgetown, Texas 78626
Telephone: (512) 930-2572
Facsimile: (512) 930-3559
Email address: then@georgetownb(.org
ARTICLE 4
TIME OF PAYMENT TO CONSTRUCTION MANAGER AT RISK
§ 4.1 Payments shall be made monthly following presentation of the Construction Managers invoice and, where
applicable, shall be in proportion to services performed.
ARTICLE 5
COMPENSATION
The Owner shall compensate the Construction Manager as follows:
5.1 COMPENSATION
5.1.1 For the Construction Managers performance of the Work described in Section 2.6, the Owner shall pay the
Construction Manager in progress payments based on work completed less 5% retainage, in a maximum amount of
$2,033,200 in accordance with a Schedule of Values to be approved by the Parties consistent with CDM dated
October 12, 2009 attached hereto . Included in the Guaranteed Maximum Price, there is a contingency of five (5) %
which will not be expended except with the approval of the parties which will not be unreasonably withheld. Any
portion of the contingency not expended shall remain the property of the City.
5.1.2 The amount which shall be paid to the Constriction Manager for all insurance and bonding, including but not
limited to Builders Risk Insurance for the Cost of the Work, General Liability and Umbrella Insurance for the Cost of
the Work, and Bond Premium for the Cost of the Work (100% Payment, Performance and Warranty Bonds) based
upon an estimated initial Guaranteed Maximum Price of $2, 033, 200.00 (Two Million Thirty Three Thousand Two
Hundred & No/100 Dollars).
5.2 GUARANTEED MAXIMUM PRICE
5.2.1 The sum of the Cost of the Work and the Construction Managers Fee are guaranteed by the Construction
Manager not to exceed the amount provided in Agreement, subject to additions and deductions by changes in the
Work as provided in the Contract Documents. Such maximum sum as adjusted by approved changes in the Work is
referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed
Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner.
5.3 CHANGES IN THE WORK
5.3.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work may be determined by any
of the methods listed in Article 10 of the General Conditions
ARTICLE 6
COST OF THE WORK
6.1 COSTS TO BE REIMBURSED
6.1.1 The term "Cost of the Work" shall mean costs necessarily incurred by the Construction Manager in the
proper performance of the Work. Such costs shall be at rates not higher than those customarily paid at the place of
the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in this
ARTICLE 6.
6.1.3 Subcontract Costs
Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the
subcontracts.
6.1.4 Costs of Materials and Equipment Incorporated in the Completed Construction
.1 Costs, including transportation, of materials and equipment incorporated or to be incorporated in
the completed construction, but specifically excluding any such items outside the scope of this
Agreement.
.2 Costs of materials described in the preceding Section 6.1.4.1 in excess of those actually installed
but required to provide reasonable allowance for waste and for spoilage. Unused excess materials,
if any, shall be handed over to the Owner at the completion of the Work or, at the Owners option,
shall be sold by the Construction Manager; amounts realized, if any, from such sales shall be
credited to the Owner as a deduction from the Cost of the Work.
6.1.5 Other Costs
.1 All other costs incurred in the pertormance of the Work If and to the extent approved in advance in
writing by the Owner, including costs of Work performed by the Construction Manager rather than a
subcontractor.
6.2 COSTS NOT TO BE REIMBURSED
6.2.1 The Cost of the Work shall not include:
.1 Expenses of the Construction Manager's principal office and offices other than the site office,
except as specifically provided in Section 6.1.
.2 Overhead and general expenses, except as may be expressly included in Section 6.1.
.3 The Construction Manager's capital expenses, including interest on the Construction Manager's
capital employed for the Work.
.4 Rental costs of machinery and equipment, except as specifically provided elsewhere in the
Contract Documents.
.5 Costs due to the negligence of the Construction Manager or to the failure of the Construction
Manager to fulfill a specific responsibility to the Owner set forth in this Agreement.
.6 Costs incurred in the performance of Preconstruction Phase Services.
.7 Any cost not specifically and expressly described elsewhere in the Contract Documents.
.8 Costs which would cause the Guaranteed Maximum Price to be exceeded.
6.3 DISCOUNTS, REBATES AND REFUNDS
6.3.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1)
before making the payment, the Construction Manager included them in an Application for Payment and received
payment therefor from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to
make payments; otherwise, such cash discounts shall accrue to the Construction Manager. Trade discounts,
rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and
the Construction Manager shall make provisions so that they can be secured.
6.3.2 Amounts which accrue to the Owner in accordance with the provisions of Section 6.3.1 shall be credited to
the Owner as a deduction from the Cost of the Work.
6.4 ACCOUNTING RECORDS
6.4.1 The Construction Manager shall keep full and detailed accounts and exercise such controls as may be
necessary for proper financial management under this Agreement; and the accounting and control systems shall be
satisfactory to the Owner. The Owner and the Owner's accountants shall be afforded access to the Construction
Manager's records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders,
vouchers, memoranda and other data relating to this Project, and the Construction Manager shalt preserve these for
a period of three (3) years after final payment, or for such longer period as may be required by law.
ARTICLE 7
CONSTRUCTION PHASE
7.1 PROGRESS PAYMENTS
7.1.1 Based upon Applications for Payment submitted to the Engineer by the Construction Manager and
Certificates for Payment issued by the Engineer, the Owner shall have the obligation to make progress payments on
account of the Contract Sum to the Construction Manager as provided below and elsewhere in the Contract
Documents.
7.1.2 The period covered by each Application for Payment shall be one (1) calendar month ending on the last day
of the month.
7.1.3 Provided an Application for Payment is received by the Engineer not later than the thirtieth (30") day of a
month, the Owner shall make payment to the Construction Manager not later than the thirtieth (30") day of the
following month. If an Application for Payment is received by the Engineer after the application date fixed herein,
payment shall be made by the Owner not later than thirty (30) days after the Engineer receives the Application for
Payment.
7.1.4 Following each Application for Payment, the Owner shall have the right to inspect the Construction
Manager's payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other
evidence required by the Owner or Engineer to demonstrate that cash disbursements made by the Construction
Manager on account of the Cost of the Work equal or exceed (1) progress payments already received by the
Construction Manager; less (2) that portion of those payments attributable to the Construction Managers Fee; plus
(3) payrolls for the period covered by the present Application for Payment.
7.1.5 Each Application for Payment shall be based upon the most recent schedule of values submitted by the
Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire
Guaranteed Maximum Price among the various portions of the Work, except that the Construction Managers Fee
shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by
such data to substantiate its accuracy as the Owner may require. This schedule shall be used as a basis for
reviewing the Construction Manager's Application for Payment.
7.1.6 Applications for Payment shall show the percentage completion of each portion of the Work as of the end of
the period covered by the Application for Payment. The percentage completion shall be the lesser of (1) the
percentage of that portion of the Work which has actually been completed or (2) the percentage obtained by dividing
(a) the expense which has actually been incurred by the Construction Manager on account of that portion of the Work
for which the Construction Manager has made or intends to make actual payment prior to the next Application for
Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of
values.
7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
.1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by the share of
the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values.
Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute
may be included as provided, even though the Guaranteed Maximum Price has not yet been
adjusted by Change Order;
.2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the Work or, if approved in
advance by the Owner, suitably stored off the site at a location agreed upon in writing.
.3 Add the Construction Manager's Fee, less retainage of five percent (5%). The Construction
Manager's Fee shall be computed upon the Cost of the Work described in the two preceding
clauses at the rate stated in Section 5.1.1.
.4 Subtract the aggregate of previous payments made by the Owner.
.5 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required
by Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors
subsequently discovered by the Owners accountants in such documentation.
.6 Subtract amounts, if any, for which the Engineer has withheld or nullified a Certificate for Payment.
7.1.8 Except with the Owner's prior written approval, payments to Subcontractors shall be subject to retention of
not less than five percent (5%). The Owner and the Construction Manager shall agree upon a mutually acceptable
procedure for review and approval of payments and retention for subcontracts.
7.1.9 Except with the Owner's prior written approval, the Construction Manager shall not make advance payments
to suppliers for materials or equipment which have not been delivered and stored at the site.
7.1.10 In taking action on the Construction Manager's Applications for Payment, the Engineer shall be entitled to
rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be
deemed to represent that the Engineer has made a detailed examination, audit or arithmetic verification of the
documentation submitted in accordance with Section 7.1.4 or other supporting data; that the Engineer has made
exhaustive or continuous on-site inspections or that the Engineer has made examinations to ascertain how or for
what purposes the Construction Manager has used amounts previously paid on account of this Agreement. Such
examinations, audits and verifications, if required by the Owner, will be performed by the Owner's accountants acting
in the sole interest of the Owner.
7.2 FINAL PAYMENT
7.2.1 Final payment shall be made by the Owner to the Construction Manager when (1) this Agreement has been
fully performed by the Construction Manager except for the Construction Managers responsibility to correct
nonconforming Work, as provided in the General Conditions, and to satisfy other requirements, if any, which
necessarily survive final payment; (2) a final Application for Payment and a final accounting for the Cost of the Work
have been submitted by the Construction Manager and reviewed by the Owners accountants; and (3) a final
Certificate for Payment has then been issued by the Engineer; such final payment shall be made by the Owner not
more than thirty (30) days after the issuance of the Engineers final Certificate for Payment and receipt of all as-builts.
7.2.2 The amount of the final payment shall be calculated as follows:
Take the sum of the Cost of the Work substantiated by the Construction Managers final accounting
and the Construction Managers Fee, but not more than the Guaranteed Maximum Price from
Section 5.2.
.2 Subtract amounts, if any, for which the Engineer withholds, in whole or in part, a final Certificate for
Payment as provided in the Contract Documents.
.3 Subtract the aggregate of previous payments made by the Owner.
If the aggregate of previous payments made by the Owner exceeds the amount due the Construction Manager, the
Construction Manager shall reimburse the difference to the Owner.
7.2.3 The Owners accountants will review and report in writing on the Construction Managers final accounting
within thirty (30) days after delivery of the final accounting to the Engineer by the Construction Manager. Based upon
such Cost of the Work as the Owner's accountants report to be substantiated by the Construction Managers final
accounting, and provided the other conditions of Section 7.2.1 have been met, the Engineer will, within seven (7)
days after receipt of the written report of the Owners accountants, either issue to the Owner a final Certificate for
Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the
Engineers reasons for withholding a cer ificate. The time periods stated in this Section 7.2 shall supersede any
others contained in Contract Documents.
7.2.4 If the Owners accountants report the Cost of the Work as substantiated by the Construction Manager's final
accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to
proceed in accordance with Section 9.1 herein dealing with dispute resolution without a further decision of the
Engineer. Unless agreed to otherwise, a demand for mediation of the disputed amount shall be made by the
Construction Manager within sixty (60) days after the Construction Manager's receipt of a copy of the Engineers final
Certificate for Payment. Failure to make such demand within this sixty-day period shall result in the substantiated
amount reported by the Owners accountants becoming binding on the Construction Manager. Pending a final
resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the
Engineers final Certificate for Payment.
7.2.5 If, subsequent to final payment and at the Owner's request, the Construction Manager incurs costs
described in Section 6.1, and not excluded by Section 6.2, (1) to correct nonconfomning Work, or (2) arising from the
resolution of disputes, the Owner shall reimburse the Construction Manager such costs and the Construction
Managers Fee, if any, related thereto on the same basis as 0 such costs had been incurred prior to final payment,
but not in excess of the Guaranteed Maximum Price. If the Construction Manager has participated in savings, the
amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net
amount to be paid by the Owner to the Construction Manager.
ARTICLE 8
INSURANCE AND BONDS
8.1 INSURANCE REQUIRED OF THE CONSTRUCTION MANAGER
During both phases of the Project, the Construction Manager shall purchase and maintain insurance as set forth in
the General Conditions. Such insurance shall be written for not less than the following limits, or greater if required by
law:
i[9
8.1.1 Workers' Compensation and Employers' Liability meeting statutory limits mandated by in the Texas Workers'
Compensation Act (Section 401). The Construction Manager shall assure compliance with this statute by submitting
two (2) copies of a standard certificate of coverage (e.g. ACCORD form) to the Owner's Representative for every
person providing services on the Project as acceptable proof of coverage. The required Certificate of Insurance must
be presented as evidence of coverage for the Construction Manager. Workers' Compensation Insurance coverage
written by the Texas Workers Compensation Fund is acceptable to the Owner. The Construction Manager's policy
shall apply to the State of Texas and include the following endorsements in favor of the Owner:
.1 Waiver of Subrogation, form WC 420304; and
.2 30 day Notice of Cancellation, forth WC 420601.
The minimum policy limits for Employers' Liability Insurance coverage shall be as follows: $100,000 bodily injury per
accident, $500,000 bodily injury by disease policy limit and $100,000 bodily injury by disease each employee.
8.1.2 Commercial General Liability including coverage for Premises -Operations, Independent Contractors' Protective,
Products -Completed Operations, Contractual Liability, Personal Injury and Broad Form Property Damage (including
coverage for Explosion, Collapse and Underground hazards):
$1,000.000.00 Each Occurrence
$2,000.000.00 General Aggregate
$1,000,000.00 Personal and Advertising Injury
$1,000,000.00 Products -Completed Operations Aggregate
.1 The policy shall be endorsed to have the General Aggregate apply to this Project only.
.2 Products and Completed Operations insurance shall be maintained for the duration of the warranty
period.
.3 The Contractual Liability insurance shall include coverage for liability assumed under the Contract
and all contracts relative to the Project.
.4 Explosion, Collapse and Underground (X, C 8 U) coverage.
.5 Independent Contractors coverage.
.6 Aggregate limits of insurance per project, endorsement CG 2503.
.7 The Owner listed as additional insured, endorsement CG 2010.
.8 30 -day notice of cancellation in favor of Owner, endorsement CG 0205.
.9 Waiver of transfer of Recovery Against Others in favor of Owner, endorsement CG 2404.
8.1.3 Automobile Liability (owned, non -owned and hired vehicles) for bodily injury and property damage:
.1 A minimum combined single limit of $500,000 per occurrence for bodily injury and property
damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury
per occurrence and at least $100,000 property damage liability each accident.
.2 Automobile Liability policy shall contain the following endorsements in favor of the Owner:
(a) Waiver of Subrogation endorsement TE 2046A;
(b) 30 -day Notice of Cancellation endorsement TE 0202A; and
(c) Additional Insured endorsement TE 9901 B.
8.1.4 Builder's Risk Insurance: The Construction Manager shall purchase and maintain Builders' Risk Insurance or
Installation Insurance on an all risk physical loss form in the full amount of the Guaranteed Maximum Price
established in this Agreement. Coverage shall continue unfit the Work is accepted by the Owner. The Owner shall
be a loss payee on the policy. If off site storage is permitted, coverage shall include transit and storage in an amount
sufficient to protect property being transported or stored.
8.3 BONDS
8.3.1 General
The Construction Manager, shall obtain a Performance Bond, Payment Bond and a Warranty Bond
in the full amount of the contract.
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.2 Bonds, when required, shall be executed on forms furnished by or acceptable to the Owner. All
bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act.
.3 If the surety on any bond furnished by the Construction Manager is declared bankrupt or becomes
insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the
requirements of the preceding paragraph, the Construction Manager shall within ten (10) days
thereafter substitute another bond and surety, both of which must be acceptable to the Owner.
.4 When Performance Bonds and/or Payment Bonds are required, each shall be issued in an amount
of one hundred percent (100%) of the Guaranteed Maximum Price established in Amendment No.
I as security for the faithful performance and/or payment of all the Construction Manager's
obligations under the Contract Documents. Performance Bonds and Payment Bonds shall be
issued by a solvent surely company au0wriced to du business in Bre Stale of Texas, and shall
meet any other requirements established by law or by the Owner pursuant to applicable law. Any
surety duly aulhutiued to do business in Texas may write Performance and Payment Bunts on a
project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must
reinsure any obligations over 10 percent.
8.3.4 Delivery of Required Bonds
.1 The Construction Manager shall deliver the required bonds to the Owner at least three (3) days
before the commencement of any Work at the Project site.
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 DISPUTE RESOLUTION
The Parties agree to first mediate dispute with a mediator to be mutually agreed upon. If that is not successful in
ninety (90) days, then, an arbitrator will be selected from a panel submitted from the American Arbitration Association
so that the dispute can be promptly resolved therein.
9.2 OTHER PROVISIONS
9.2.1 Unless otherwise noted, the terms used in this Agreement shall have the same meaning as those in the
General Conditions.
9.2.1 Extent of Agreement
This Agreement, which includes this Construction Manager At -Risk Agreement, the General Conditions, and the other
documents incorporated herein by reference, represents the entire and integrated agreement between the Owner and
the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral.
This Agreement may be amended only by written instrument signed by both the Owner and Construction Manager. If
anything in any document incorporated into this Agreement is inconsistent with this Agreement, this Agreement shall
govern.
9.2.2 Priority Order
The intent of the Contract Documents is to include all information necessary for the proper execution and completion
of the Work by the Construction Manager. The Contract Documents are complementary and what is required by one
shall be as binding as if required by all. In cases of disagreement, the following order of precedence shall govern (top
item receiving priority of interpretation):
Signed Construction Manager At -Risk Agreement
Addenda to the Contract Documents, if any
General Conditions
Other Bidding or Proposal Requirements and Contract Forms
Special Provisions to the Standard Technical Specifications
Special Specifications
Standard Technical Specifications
Drawings (figured dimensions shall govern over scaled dimensions)
Project Safety Manual, if applicable.
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9.2.3 Ownership and Use of Documents
The Drawings. Specifications and other documents prepared by the Engineer, and copies thereof furnished to the
Construction Manager, are for use solely with respect to this Project. They are not to be used by the Construction
Manager. Subcontractors, Sub -subcontractors or suppliers on other projects, or for additions to this Project outside
the scope of the Work, without the specific written consent of the Owner and Engineer. The Construction Manager,
Subcontractors, Sub -subcontractors and suppliers are granted a limited license to use and reproduce applicable
portions of the Drawings, Specifications and other documents prepared by the Engineer appropriate to and for use in
the execution of their Work under the Contract Documents.
9.2.4 Governing Law
This Agreement shall be governed by the law of the state where the Project is located, that being Texas, and venue
shall lie in Williamson County, Texas,
9.2.5 Assignment
The Owner and the Construction Manager respectively bind themselves, their partners, successors, assigns and
legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such
other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party
to this Agreement shall assign the contract as a whole without written consent of the other. If either party attempts to
make such an assignment without such consent, that party shall nevertheless remain legally responsible for all
obligations under this Agreement.
ARTICLE 10
TERMINATION OR SUSPENSION
10.1 TERMINATION PRIOR TO ESTABLISHING GUARANTEED MAXIMUM PRICE
10.1.1 Prior to execution by both parties of the Agreement establishing the Guaranteed Maximum Price, the Owner
may terminate this Agreement at any time and without cause, and the Construction Manager may terminate this
Agreement for any of the reasons described in Article 15 of the General Conditions.
10.1.2 If the Owner or Construction Manager terminates this Agreement pursuant to this section 10.1 prior to the
commencement of the Construction Phase, the Construction Manager shall be paid for Preconstruction Phase
Services performed prior to the receipt of notice of termination; provided, however, that the compensation for such
services shall not exceed the compensation set forth in Section 4.1.1.
10.1.3 If the Owner or Construction Manager terminates this Contract pursuant to this Section 10.1 after
commencement of the Construction Phase, the Construction Manager shall, in addition to the compensation provided
in Section 10.1.2, be paid in accordance with Section 15.2 of the General Conditions.
10.2 TERMINATION SUBSEQUENT TO ESTABLISHING GUARANTEED MAXIMUM PRICE
Subsequent to execution by both parties, this Agreement may be terminated as follows:
10.2.1 In the event of such termination by the Owner, the amount payable to the Construction Manager shall not
exceed the amount the Construction Manager would have been entitled to receive pursuant to Section 15.2 of the
General Conditions.
10.2.2 In the event of such termination by the Construction Manager, the amount to be paid to the Construction
Manager shall not exceed the amount the Construction Manager would be entitled to receive under Section 15.2 of
the General Conditions.
10.3 SUSPENSION
10.3.1 The Owner may, without cause, order the Construction Manager in writing to suspend, delay, or interrupt the
Work in whole or in part for such period of time as the Owner may determine.
10.3.2 The Guaranteed Maximum Price established in the Agreement shall be adjusted for increases in the cost
caused by suspension, delay or interruption as described in Section 10.3.1. No adjustment shall be made to the
extent:
13
that performance is, was, or would have been so suspended, delayed, or interrupted by another
rause for which the Construction Manager is responsible; or
.2 that an equitable adjustment is made or denied under another provision of this Agreement.
ARTICLE 11
LIQUIDATED DAMAGES
11.1 CONSTRUCTION MANAGER SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF $500 PER
DAY FOR EACH DAY BEYOND THE DATE ESTABLISHED IN THIS AGREEMENT TO ACHIEVE SUBSTANTIAL
COMPLETION.
11.2 Time is of the essence in this Agreement. Therefore, if the Construction Manager fails to achieve
Substantial Completion of the Work (or any portion of the Work) within 220 Calendar days from the Notice to
Proceed, then and in that event the Construction Manager shall pay to the Owner, as liquidated damages, the sums
specified herein, per day, for each calendar day or portion of a day that Substantial Completion is delayed after the
date specified for Substantial Completion, due to failure of the Construction Manager to have achieved Substantial
Completion in accordance with the Contract Documents. It is hereby agreed by the parties that the liquidated
damages to which the Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that
would be caused by the Construction Manager's failure to achieve Substantial Completion of the Wui k (or any portion
of the Work) on or before Substantial Completion Date. It is hereby agreed by the parties that the harm that would be
caused by such failure, which includes loss of expected use of the Project areas, provision of alternative storage
facilities and rescheduling of moving and occupancy dates. is one that is incapable or very difficult of accurate
estimation.
ARTICLE 12
WARRANTIES
12.1 The warranty provided herein shall be in addition to and not in limitation of any other warranty or remedy
required by law or by the Contract Do uments, and such warranty shall be interpreted to require the Construction
Manager to replace defective materials and equipment and re -execute defective Work which is disclosed to the
Construction Manager by the Owner within a period of one (1) year after final Acceptance of the entire Work or within
a longer warranty time if such is specifically called for in the Specifications or as otherwise provided by law. In each
instance where the Construction Manager becomes obligated to correct defective Work the one (1) year warranty
period specified shall automatically be renewed and recommenced, beginning when such correction is completed as
to the Work corrected, so that the Construction Manager's warranty obligations remain in effect as to each portion of
the Work until each portion of the Work has functioned properly for an entire year.
12.1.1 The Construction Manager shall issue in writing to the Owner, as a condition pmuedent to final payment, a
"General Warranty" reflecting the terms and conditions for all Work under the Contract Documents. This "General
Warranty` shall be assignable only with the approval of the Construction Manager, which approval shall not be
unreasonably withheld.
14
12.1.2 Except when a longer warranty time is specifically called for elsewhere in the Contract Documents or as
otherwise provided by law, the Construction Manager shall warrant for a period of twelve (12) months from Final
Acceptance that the buildings shall be watertight and leakproof at every point and in every area, except where leaks
can be attributed to damage to the buildings by external forces beyond the Construction Manager's control. The
Construction Manager shall, immediately upon notification by the Owner of water penetration, determine the source
of water penetration and, at Its own expense, do any work necessary to make the buildings watertight. The
Construction Manager shall also, at its own expense, repair or replace any other damaged materials, finishes, and
furnishings damaged as a result of this water penetration, to return the buildings to their original condition.
12.1.3 Except when a longer warranty time is specifically called for elsewhere in the Contract Documents or as
otherwise provided by law, the "General Warranty" shall be for twelve (12) months from Final Acceptance and shall
be in form and content otherwise satisfactory to the Owner.
12.1.4 Warranties shall become effective on a date established by the Owner and the Engineer in accordance with
the Contract Documents. This date shall be the date of Final Acceptance of the entire Work.
ARTICLE 13
OTHER CONDITIONS
13.1 Upon Substantial Completion of the Work, the Owner, Engineer and Construction Manager shall walk the
Project and prepare a "punch list" which will describe all of the items to be performed by the Construction Manager to
bring the Project to full completion. When the Construction Manager performs these to the Owner's satisfaction, the
Project shall be deemed to be one hundred percent (100%) completed.
13.1.1 For all items which appear on the "punch list," the cost of remedying or repairing same shall be considered a
Cost of the Work as defined in the Contract Documents, unless repairs are due to the negligence of the Construction
Manager.
13.2 If the Construction Manager's work has been completed, but a Certificate of Occupancy is not issued
because of administrative delay on the part of the appropriate building authority, or because of the work of separate
Contractors at the Project site in the employ of the Owner, or for any reason beyond the Control of the Construction
Manager, then the final payment will be made to the Construction Manager, provided that other requirements herein
for final payment have been met.
13.3 The Construction Manager will protect the Work, materials and equipment on the Project site and will not
damage or unduly interfere with the work, materials or equipment of others. The Construction Manager will not repair
or replace, except for reasonable compensation, any of its work or installations damaged directly or indirectly through,
by, or as a result of items listed in warranty provisions of the General Conditions and any of the following:
Defective design or material supplied by the Owner, or the Owner's separate contractor or supplier.
.2 Any defect in materials or work, or defects caused by materials or work supplied by anyone other
than the Construction Manager, its subcontractors, or its agents.
13.4 Notwithstanding any other term as listed in the General Conditions, the following shall apply;
.1 Retainage is five (5) %
.2 Construction Manager will notify the City of claims promptly as received and in accordance with
stale law
.3 City may only suspend work without cause and for convenience for up to fourteen (14) days.
15
.4 Any and all City permits will be waived. Nevertheless, the Construction Manager will obtain the
permits as needed.
.5 Construction Manager is to only keep records for three (3) years
.6 The Parties agree to first mediate dispute with a mediator to be mutually agreed upon. If that is not
successful in ninety (90) days, then, an arbitrator will be selected from a panel submitted from the
American Arbitration Association so that the dispute can be promptly resolved therein.
.7 Construction Manager shall also cooperate with OMI CH2M HILL who has been authorized by the
City Council to provide independent construction observation services for this project under
Sections 3.8 and Appendix B 3.2 of their existing management and operation agreement which will
facilitate the coordination of this project with the management and operation of the plant and with
other construction at the plant.
.8 The parties believe and agree that it is an urgent necessity to have an additional filter as to provide
treatment capacity for groundwater and to address the potential failure of the existing nine filters
which have experienced failures in the past and are of such a nature that failure is difficult to predict
and that this fitter system is a key component of safety for fire suppression and potable water
supply. The parties also agree that it is an urgent necessity to have two additional pumps as to
provide necessary water for peak demands including fire fighting. The parties agree that the
existing plant is not presently capable during peak demands as to provide for adequate fire flow
and that these two pumps are urgently needed as to avoid any safety concerns and that this project
is being authorized by the City Council for health and safety reasons under Section 552.022(a)(2)
of the Local Government Code.
THIS AGREEMENT is entered into as of the latest dale of the signatories indicated at the conclusion of this
document and all attachments.
OWNER
CITY OF GEORGETOWN, TEXAS
By.
George G. Garver, Mayor
Date
ATTEST:
By:
Jessica Hamilton, City Secretary
CONSTRUCTION MANAGER:
CDM CONSTRUCTORS, INC.
By
Title
Date.
APPROVED AS TO FORM:
Mark Sokolow, City Attorney
12357-A Wata Trace Parkway, SOite 210
AusfiN Texas 78727
cel: 5123161700
(= 512 345-1483
October 12, 2009
Mr. Tom Benz, P.E.
System Engineering Director
Georgetown I TtilitySystems
300 Industrial Ave.
Georgetown, TX 78626
RE: Lake Water Treatment Plant
Filler 10 and Sun City Pump Station Improvements
Construction Manager at Risk Bid
Recommendation of Award
Dear Mr. Benz:
Transmitted with this letter is one original of Section 0lli110, Bid form, for the lake Water
Treatment Plant, Filter 10 and Sun City Pump Station Improvements Project. As you are
aware, this project is proposed to be constructed under the Construction Manager at Risk
(CMAR) delivery method to speed the installation of this critically needed infrastructure. If
the improvements included in this project are not completed and ready for use during the
summer of 2010, there is the potential for a threat to the health and safety to the citizens in the
City of Georgetown. The Bid Form has been completed by CCI in conjunction with
Cunningham Constructors & Associates, Inc. If the City finds the Bid acceptable, CO will
complete the CMAR Agreement that has been forwarded to them previously and include the
necessary bonds and insurance certificates. The total Base Bid is $1,875,200. The base bid
includes the construction of Filter 10 and the installation of Sun City Pump No. 4 and the cans
for Sun City Pump No. 4 and 5. Additive Alternate No. l is for furnishing and installing Sun
City Pump No. 5 and totals $158,000. We recommend that the City award the Base Bid and
Additive Alternate No. l for a total contract amount of $2,033,200.
0ooxrre mae
consW8n9• en9lnmIne• cO rr=tlon. oWatiOn4
Mr. Tom Benz.
October 12, 2009
Page 2
If you have any questions reprding the attached Bid Form or the recommendation of award,
please contact me. At,e-�
S/i/n�cerely,
/ /',� LEN Q�WUE
/V(/ Z6
5s86
Allen D. Woelke, P.E., BCEE
Vice President
Camp Dresser & McKee Inc.
Attachment
cc: Glenn Dishong
2048-72607
City of Georgetown
Lake Water Treatment Plant
Fitter 10 and Sun City Pumps
SECTION 00304
1't1a7:M111T1
CITY OF GEORGETOWN
LAKE WATER TREATMENT PLANT
FILTER 10 AND SUN Cr1Y PUMP STATION 1MPRO V hMENfS
CONTRACT IDENTIFICATTON AND NUMBER
BID:
TMS BID IS SUBMITTED TO:
The City of Georgetown
Georgetown Municipal Complex
ATTN: Purchasing
300-1 Industrial Avenue
Georgetown, Texas 78626
REC'D OCT 1 2 2009
1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement
with OWNER iu the form included in the Bidding Documents to perform all Work as specified or
indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in
accordance with the other terms and conditions of the Bidding Documents.
1.02 BIDDER understands and agrees that the OWNER has the right to reject any or all Bids and to
waive any informilitics.
2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to Bidders, including without limitation those dealing with the disposition of Bid
security. The Bid will remain subject to acceptance for 60 days after the Bid opmin& or for such
longer period of time that Bidder may agree to in writing upon request of OWNER.
3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that:
A. Bidder has examined and carefully studied the Bidding Documents, the other related data
identified in the Bidding Documents, and the following Addenda, receipt of all which is
hereby acknowledged.
Addendum No. AdderAum Date
B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local
and Site conditions that may affect cost, progress, and performance of the Work.
GEORGETOWN FILTERIOSUNCITYPS BID FORM TT EDITS DOG 00300-1 10111112001)
204&72607
City of Georgetown
Lake Water Treabnent Plant
Filter 10 and Sun City Pumps
C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress and performance of the Work
D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the Site (except
Underground Facilities) which have been identified in the Supplementary Conditions as
provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a
Hazardous Environmental Condition, if any, which has been identified in the
Supplementary Conditions as providod in paragraph 4.06 of the Genal Conditions.
E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies and
data concerning conditions (surface, subsurface and Underground Facilities) at or
contiguous to the Site which may affect cost, progress, or performance of the Work or
which relate to any aspect of the means, methods, techniques, sequences, and procedures of
construction to be employed by Bidder, including applying the specific means, methods,
techniques, sequences, and procedures of construction expressly required by the Bidding
Documents to be employed by Bidder, and safety precautions and programs incident
thereto.
F. Bidder does not consider that any further examinations, investigations, explorations, tests,
studies, or data are necessary for the determination of this Bid for performance of the Work
at the price(s) bid and within the times and in accordance with the other tents and
conditions of the Bidding Documents.
G. Bidder is aware of the general nature of work to be performed by OWNER and others at
the Site that relates to the Work as indicated in the Bidding Documents.
H. Bidder has correlated the information known to Bidder, information and observations
obtained from visits to the Site, reports and drawings identified in the Bidding Documents,
and all additional examination, investigations, explorations, tests, studies, and data with
the Bidding Documents.
Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the Bidding Documents, and the written
resolution thereof by ENGINEER is acceptable to Bidder.
The Bidding Documents arc geuerdlly sufficient to indicate and convey mderstandiug of
all terms and conditions for the performance of the Work for which this Bid is submitted
4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any
undisclosed individual or entity and is not submitted in conformity with any agreement or rules of
any group, association, organization or corporation; Bidder has not directly or indirectly induced or
solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any
individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for
itself any advantage over any other Bidder or over OWNER.
GEORGETOWN FILTERIOSUNCRVPS BID FORM TT EDITS.DOC 00300-2 101&JM
20as-72607
City of Georgetown
Lake Water Treatment Plant
Filter 10 and Sun City Pumps
ADDITIVE AND DEDUCTIVE ALTERNATES
After reviewing the Total Base Bid Amount, at the OWNER'S discretion, OWNER may elect one or
more of the following additive and deductive alteniates in any order as determined by the OWNER to be
in their best interest. Alternates will be accepted based on availability of funds and will be considered in
the selection of the low bidder.
ADDITIVE BID ITEM NO. I — For installation of Sun City Pump No. 5, piping and valves, electrical,
including all appurtenances, excavation and backfill as detailed and specified, including testing,
disinfection and all related necessary items.. This item includes all related insurance, bonds, general and
administrative costs and other miscellaneous costs, overhead and profit associated with this item.
LUMP SUM
One Hundred Fifty Eight Thousand Dollars
(WRITTEN)
$ 158.000.00
(FIGURES)
6.01 Bidder agrees that the Work will be substantially corpletc within 220 calendar days after the date
of the written Notice -to -Proceed and to fully complete project and ready for final payment within
270 calendar days after the date of the written Notice -to -Proceed.
6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to
complete the Work within the times specified above, which shall be stated in the Agreement.
7.01 The following documents are attached to and made a condition of this Bid:
A. Required Bid security in the form of not required for CMAR delivay
7.02 BIDDER must answer the following questions using the following definitions:
RESIDENT BIDDER - A bidder whose principal place of business is in Georgetown, Texas and
includes a contractor whose ultimate parent company or majority owner has its principal place of
business in Georgetown, Texas.
NON RESIDENT BIDDER - A bidder whose principal place of business is not in Georgetown,
Texas, but excludes a contractor whose ultimate parent company or majority owner has its principal
place of business in Georgetown, Texas.
a. Is the BIDDER that is malting and submitting this Bid a "RESIDENT BIDDER"?
Answer. NO
b. Is the BIDDER that is making and submitting this bid a "NONRESIDENT BIDDER"?
Answer. YES
GEORGETOWN FILTER10SLMITYPS 810 FORM Tr EDIT5.000 00300-4 10a2009
204a-72607
City of Georgetown
Lake Water Treatment Plant
Fitter 10 and Sun City Pumps
c. If the answer to Question A above is "yes", then in purchasing real property, personal
property not affixed to real property, or services, if the OWNER receives one or more
competitive sealed Bids from a RESIDENT BIDDER whose Bid is within five (5019) of
the lowest bid price received by the OWNER who is a NONRESIDENT BIDDER, the
OWNER may enter into a contract with:
I ) the lowest bidder; or
2) the RESIDENT BIDDER, if the City Council determines, in writing, that the
RESIDENT BIDDER offers the OWNER the best combination of contract price
and additional economic development opportunities for the OWNER created by
the contract award, including the employment of residents of the City of
Georgetown and increased tax revenues to the City of Georgetown-
d.
eorgetown
d. Notwithstanding the foregoing, this section docs not prohibit the OWNER from
rejecting all bids.
e. This section is authorized by Section 271.9051 of the Texas Local Government Code.
8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions
to Bidders, the General Conditions, and the Supplementary Conditions.
SUBMITTED on 120=
GEORGETOWN FILTERIOSUNCITPS BID FORM R EDITSDOC 00300-5 1062009
2048-72607
City of Georgetown
Lake Water Treatment Plant
Filter 10 and Sun City Pumps
Ar A CORPORATION
Corporate Name: CDM Constructors Inc.
State of Incorporation: Massachusetts
Date of Incorporation: 6/16/1992
Type: General Business
(GENERAl.Busamsss. PxomsvoHALSERviCE. LarnmLamvn. m)
By:
- CORPORATE
_
SEAL
5��atT� of Corporate Secretary
Houston. TX 77056
Phone No.: 713-423-7300
FAX No.: 713-840-0173
e -Mail: BaileyPT@cdm.com
❑ AJOM VENTURE
Joint Venture Name:
I
PRarrEnrlYEEoNAME OFJoerr VENTURHPARTNFR
By:
SEAL
SIGNATURE OF JOINT VENTURE PARTNER- ATTACH MDENCE OF AUTHORIZATION TO SIGN
Business address:
Phone No.:
FAX No.:
e Mail:
GEORGETOWN FRTERIOSUNCnYPS &D FORM Tr EDns.DOC 00300-7 lamrmre
204872607
City of Georgetown
Lake Water Treatment Plant
Filter 10 and Sun City Pumps
Number and Address for receipt of official communications:
Phone No.:
FAX No.:
e-mail!
Note: Each Joint Venture partner must sign. Each Sole Proprietor, Partnership &/or Corporation that is
a party to the Joint Venture should sign and complete the information as indicated above.
END OF SECTION
DID FORM Tr EDrrS. DOC 00300.8 iftmoa