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HomeMy WebLinkAboutAgenda CC 12.16.2003Notice of Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, December 16, 2003 The Georgetown City Council will meet on Tuesday, December 16, 2003 at 06:00:00 PM at the City Council Chamber, 101 E. 7th Street, the northeast corner of Seventh and Main Streets, Georgetown, Texas. If you need accommodations for a disability, please notify the city in advance. An agenda packet, containing detailed information on the items listed below, is distributed to the Mayor, Councilmembers, and the Georgetown Public Library no later than the Saturday preceding the council meeting. The library's copy is available for public review. Please Note: This City Council Meeting will be video taped live and made available for broadcast by the local cable company. Regular Session to convene and continue Executive Session, if necessary Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows A Sec.551.071 consultation with attorney - Pending Litigation - Legal Advice Regarding Agenda Items and other Matters - Provision of electric service to City Owned facilities B Sec.551.072 deliberation on real property - Discussion and possible action regarding acquisition of property for downtown parking C Sec.551.074 personnel matters Special Session - To begin no earlier than 6:00 P.M. (The City Council for the City of Georgetown reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed below, as authorized by Texas Government Code Sections 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices) and 551.086 (Economic Development). D Call to Order E Pledge of Allegiance F Comments from the dais regarding the following items: - Welcome to Audience and Opening Comments -- Mayor Gary Nelon - Board/Commission Vacancies: - One position on the Library Board (expires February 2005) - One position on the Airport Board (expires February 2005) G Announcements and Comments from City Manager H Public Wishing to Address Council Keith Peshak regarding "bullies on the City Council" and police cars. I Action from Executive Session City Council Agenda/De�ember 16, 2003 Page 1 of 5 Pages i V Consideration and possible action revising the current City of Georgetown Investment Policy — Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration W Consideration and possible action to accept the City's Quarterly Financial Report, which includes the Investment Report for both the City of Georgetown and the Georgetown Transportation Enhancement Corporation (GTEC) for the quarter ended September 30, 2003 — Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Consideration and possible action to approve a resolution expressing official intent to reimburse costs of certain Georgetown Transportation Enhancement Corporation (GTEC) infrastructure projects not to exceed $8,700,000 with proceeds from bonds that will be issued at a later time — Micki Rundell, Director of Finance and Administration Second reading of an ordinance amending the 2002/03 Annual Operating Plan Element (budget) to offset variances in various fund budgets for increases in expenditures that are tied to service requests and revenue collection rates — Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Public Hearings/First Readings 1. First and only reading of an ordinance authorizing the issuance of the City of Georgetown, Texas Utility System Revenue Bonds, Series 2003, in an amount not to exceed $7,005,000, approving an official statement and other matters related to the issuance of the bonds — Micki rundell, Director of Finance and Administration 2. First and only reading of an ordinance authorizing the issuance of the City of Georgetown, Texas Combination Tax and Utility System Limited Revenue Certificates of Obligation, Series 2003, in an amount not to exceed $2,430,000, approving an official statement and other matters related thereto -- Micki Rundell, Director of Finance and Administration 3. First Reading of an Ordinance amending the 2003/04 Annual Operating Plan Element (budget) for adjustments relating to the timing of capital projects -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration 4. First Reading of an ordinance providing for the abandonment by quitclaim deed of a portion of the First Street right of way between Austin Avenue and Rock Street; providing for the terms and conditions of such abandonment; calling a public hearing; providing a conflict and severability clause and establishing an effective date — Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations 5. Public Hearing regarding an Amendment to the following Sections of the Unified Development Code (UDC): 1.03(C)8(D) "Applicability"; Table 4.01.010 "Zoning Districts"; 4.04.030(G) "Old Town Overlay"; 4.05.040(C)(4) "SP Standards for Williams Drive (F.M. 2338)"; Table 5.01.020 "Permitted Uses by Zoning District"; 5.03.040(B)(3) "Family Day Care"; 5.05.030(C)(2) "General Outdoor Storage"; 6.01.030(B) "Applicability with the Extraterritorial Jurisdiction"; Table 6.02.030 "Housing Type Dimensional Standards"; Table 6.03.020 "Non -Residential Lot and Dimensional Standards"; 6.03.040(B)(6)(a)&(b) "Features Allowed Within Required Yards" , 7.03.050(C) "Residential Fences"; 8.03.020(B) ""Tree Size and Species"; 9.03.020(A)(3) "Parking Space Dimensions"; 9.03.020(D) "Parking Surfacing and Maintenance"; 10.03.020(J) "Signs in the Public Right -of -Way" ; Table 10.06.010 "Sign Dimensions by District"; 10.06.040(G) "Subdivision Directional Signs"; 11.03.050 "Replacement of Protected Trees"; 11.05.050(C) "Regional Stomtwater Management Program"; Table 13.04.050 "Rural Street Geometric Standards"; 13.04.070(A)(3) "Wastewater Collection Systems"; 13.04.070(B)(4) "Water Distribution System"; AND 13.07.020(C) "Street Lights"- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services 6. First Reading of an Ordinance Amending the following Sections of the Unified Development Code (UDC): 1.03(C)8(D) "Applicability"; Table 4.01.010 "Zoning Districts"; 4.04.030(G) "Old Town Overlay"; 4.05.040(C)(4) "SP Standards for Williams Drive (F.M. 2338)"; Table 5.01.020 "Permitted Uses by Zoning District"; 5.03.040(8)(3) "Family Day Care"; 5.05.030(C)(2) "General Outdoor Storage"; 6.01.030(B) "Applicability with the Extraterritorial Jurisdiction"; Table 6.02.030 "Housing Type Dimensional Standards"; Table 6.03.020 "Non -Residential Lot and Dimensional Standards"; City Council Agenda/December 16, 2003 Page 3 of 5 Pages 6.03.040(B)(6)(a)&(b) "Features Allowed Within Required Yards"; 7.03.050(C) "Residential Fences"; 8.03.020(8) ""Tree Size and Species"; 9.03.020(A)(3) "Parking Space Dimensions"; 9.03.020(D) "Parking Surfacing and Maintenance"; 10.03.020(J) "Signs in the Public Right -of -Way" • Table 10.06.010 "Sign Dimensions by District"; 10.06.040(G) "Subdivision Directional Signs"; 11.03.050 "Replacement of Protected Trees"; 11.05.050(C) "Regional Stormwater Management Program", Table 13.04.050 "Rural Street Geometric Standards"; 13.04.070(A)(3) "Wastewater Collection Systems"; 13.04.070(B)(4) "Water Distribution System"; AND 13.07.020(C) "Street Lights" - Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services 7. Public Hearing regarding an Amendment to Sections 4.08 and 8.06 of the Unified Development Code (UDC) pertaining to the Gateway Overlay District— Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services 8. First Reading of an Ordinance Amending Sections 4.08 and 8.06 of the Unified Development Code (UDC) pertaining to the Gateway Overlay District— Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services 9. Public Hearing regarding an Amendment or Repeal of Section 4.09 of the Unified Development Code (UDC) pertaining to the Courthouse View Protection Overlay District — Cada Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services 10. First Reading of an Ordinance Amending Section 4.09 of the Unified Development Code (UDC) pertaining to the Courthouse View Protection Overlay District —Cada Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services 11. First Reading of an Ordinance Repealing Section 4.09 of the Unified Development Code (UDC) pertaining to the Courthouse View Protection Overlay District— Cada Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services 12. Public Hearing regarding an Amendment to Section 13.09.030 (B) of the Unified Development Code (UDC) pertaining to Oversized Facilities — Glenn Dishong, Water Services Manager and Amelia Sondgeroth, Director of Planning and Development Services 13. First Reading of an Ordinance Amending Section 13.09.030 (B) of the Unified Development Code (UDC) pertaining to Oversized Facilities — Glenn Dishong, Water Services Manager and Amelia Sondgeroth, Director of Planning and Development Services 14. First Reading of an Ordinance for a Century Plan Amendment for 2.42 acres out of the David Wright Survey from Multi Family and Residential Future Land Use designations to Office district located at 3606 and 3608 Rocky Hollow Trail — Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Services 15. Public Hearing to Consider Rezoning 1.28 acres out of the David Wright Survey from RS, Residential Single-family district to OF, Office district located at 3606 and 3608 Rocky Hollow Trail — Bobby Ray, Chief Current Planner and Amelia Sondgeroth, Director of Planning and Development Services 16. First Reading of an Ordinance Rezoning 1.28 acres out of the David Wright Survey from RS, Residential Single-family district to OF, Office district located at 3606 and 3608 Rocky Hollow Trail — Bobby Ray, Chief Current Planner and Amelia Sondgeroth, Director of Planning and Development Services 17. Public Hearing to consider Rezoning a total of 14.636 acres, out of the Frederick Foy Survey, to be known as Sun City Georgetown, Neighborhood Eighteen, from A, Agriculture to Planned Unit Development (PUD), or more restrictive district, located, west of Sun City Boulevard — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services 18. First Reading of an ordinance Rezoning a total of 14.636 acres, out of the Frederick Foy Survey, to be known as Sun City Georgetown, Neighborhood Eighteen, from A, Agriculture to Planned City Council Agenda/December 16, 2003 Page 4 of 5 Pages .I Unit Development (PUD), or more restrictive district, located, west of Sun City Boulevard — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services 19. Public Hearing to consider Rezoning a total of 121.843 acres, out of the Burrell Eaves Survey, to be known as Sun City Georgetown, Neighborhood Twenty Five & Twenty Six, from A, Agriculture to Planned Unit Development (PUD), or more restrictive district, located, south of Texas Drive and west of Sun City Boulevard — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services 20. First reading of an ordinance Rezoning a total of 121.843 acres, out of the Burrell Eaves Survey, to be known as Sun City Georgetown, Neighborhood Twenty Five & Twenty Six, from A, Agriculture to Planned Unit Development (PUD), or more restrictive district, located, south of Texas Drive and west of Sun City Boulevard — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services 21. First reading of an ordinance amending chapter 10.16 of the code of ordinances regarding parking to establish a Downtown Parking Zone — Tom Yantis, Assistant City Manager AA Consideration and possible action on a Variance to the Subdivision Regulations for San Gabriel Village, Section Two, Phase 2, also known as Waters Edge Apartments IV, located on San Gabriel Village Boulevard — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services BB Consideration and possible action related to possible City participation in the Regional Wastewater Study with the Lower Colorado River Authority (LCRA) and the Brazos River Authority (BRA), in the amount of $30,000.00 — Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations CC Items Fowarded to Council from the Georgetown Utility System (GUS) Board 1. Consideration and possible action to approve the renewal of the annual Electric Utility Services Agreement between LCRA and GUS Electric, in an amount not to exceed $50,000.00 -- Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations 2. Consideration and possible action to approve payment in the amount of $70,000.00 to LCRA for installation and wiring of substation breaker panels within the LCRA-owned substations to allow for integration with Georgetown Utility Systems Electric Distribution and SCADA System — Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations 3. Review and possible action on a recommendation to award contracts to McLean Construction and Gulf States Protective Coatings, Inc. and to approve the budget for the Rivery/Georgetown Country Club Irrigation Line and Park Tank Rehabilitation Project in the amount of $853,782.50, and project budget in the amount of $889,094.00 — Glenn W. Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the day of , 2003, at , and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. City Council Agenda/December 16, 2003 Page 5 of 5 Pages ,i Council Meeting Date: December 16, 2003 AGENDA ITEM COVER SHEET Item No. A/ SUBJECT: Consideration and possible action to approve the contract, between the City of Georgetown and Dunham Engineering, Inc., to provide professional services related to the rehabilitation of the Berry Creek Ground Storage Tank for $17,000.00. ITEM SUMMARY: The Berry Creek GST and the eight other storage tanks in the Georgetown water system were inspected by Dunham Engineering in 2001 to satisfy the TCEQ requirement for an annual inspection and to assess the need for rehabilitation. The majority of Georgetown's tanks have been in service for over fifteen years without any significant repairs. The Berry Creek tank is the second of five tanks identified as needing rehabilitation due to structural or coating problems. This contract provides for the necessary engineering design, bid specifications, contract documents, and project services to allow for the rehabilitation of the Berry Creek GST in an amount not to exceed $17,000.00. SPECIAL CONSIDERATIONS None. FINANCIAL IMPACT: Fiscal year 2003/2004 in the amount of $17,000.00 out of water operations and maintenance fund 660 -108 -5204 -TM. STAFF RECOMMENDATIONS: Staff recommends the approval of a contract between the City and Dunham Engineering, Inc. for engineering services relating to the rehabilitation of the Berry Creek GST. GUS BOARD RECOMMENDATION: None - Cost is below the threshold for GUS review. COMMENTS: None. ATTACHMENTS: Contract wi ing, Inc. By: Jim rig C A .tan ' Manager or Utilitie Glenn Dishong, Water Services Manager THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS AGREEMENT FOR ENGINEERING SERVICES ("Agreement') is made by and between the City of Georgetown, a Texas home rule municipal corporation (hereinafter called "City") and Dunham Engineering, Inc. (hereinafter called "Engineer") for the purpose of contracting for Engineering Services. WITNESSETH WHEREAS, Texas Government Code, Chapter 2254, Subchapter A, the "Professional Services Procurement Act" provides for the procurement by City of the professional services of engineers; and WHEREAS, Engineer represents to City that it has the expertise to perform professional engineering services in the design, preparation of bid documents, and construction inspection related to the rehabilitation of a 500 -thousand gallon welded steel water storage tank; and WHEREAS, the City desires to contract with Engineer for engineering services described as follows: The planning, development, design and construction related to the rehabilitation of an existing 500,000 gallon welded steel water storage tank known as the 'Berry Creek Ground Storage Tank" in Georgetown, Texas in accordance with the recommendations made in the Engineer's Report of Inspection dated February 6, 2001 (Attachment A) (the "Project or the Work"). AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: ARTICLE 1 - DESIGN PHASE a) Engineer represents and warrants to the City that it has read and understands the recommendations made in the Engineer's Report of Inspection for the "Berry Creek Ground Storage Tank" in Georgetown, Texas dated February 6, 2001 (Attachment A). b) Engineer shall commence work on the Project within fifteen (15) days of the receipt of a signed, executed copy of this contract. c) City shall designate a representative to act as the contact person on behalf of the City. Dunham Engineering Contract Page 1 of 15 d) Engineer shall complete a draft set of Project documents including, but not limited to, the bid documents, a construction contract prepared consistently with the City's forms for same; engineered design drawings, and technical specifications (collectively referred to herein as the "Contract Documents') for review and approval by City no later than thirty (30) days from the date of this Agreement. e) Engineer shall submit the final Contract Documents to City no later than thirty (30) calendar days after receipt of City's final comments on the draft Contract Documents. f) Engineer shall provide City with complete Contract Documents that are sufficient to be advertised for bids by City. g) Upon completion of the final design of the Project, and the submission of the complete Contract Documents, Engineer upon request of the City, shall meet with the City staff and City Council to make presentation of its final design of the Project. Engineer shall provide an explanation of the final cost estimate. ARTICLE 2 - BIDDING PHASE a) Should City elect to perform the Work or any portion thereof, Engineer shall assist City in advertising for and obtaining bids or negotiating proposals for the construction of the Project. Upon request, Engineer shall meet with City staff and City Council to make a presentation and recommendation with regard to the bids submitted for the construction of the Project. b) Engineer shall review the contractor's bids including subcontractors, suppliers, and other persons required for the completion of the agreement and, if requested, give its professional opinion of each. c) Engineer shall review the bids submitted with City, assist in the preparation of the bid tabulation sheet and make recommendations to City with regard to the contractors, bids or proposals submitted. d) If substitutions are requested by a contractor, Engineer shall review the substitution required and make recommendations for approval or disapproval of such substitutions. The Engineer agrees to prepare the design, produce engineering plans and specifications, prepare the Contract Documents, advertise for bids to selected contractors and recommend award of a construction contract to complete the work for the City. ARTICLE 3 - CONSTRUCTION PHASE a) Engineer shall consult with City and act as its representative. Dunham Engineering Contract Page 2 of 15 b) Engineer shall make visits to the site to observe as an experienced and qualified design professional, the progress and quality of the executed work of contractor and subcontractors, and to determine if such work is proceeding in general accordance with the Contract Documents. c) Engineer shall keep City informed of the progress of the work, shall endeavor to guard City against defects and deficiencies in such work, and shall disapprove or reject work that fails to conform with the Contract Documents. d) Engineer shall review and approve shop drawings and samples, the results of tests and inspections, and other data that each contractor is required to provide. e) Engineer shall determine the acceptability of substitute materials ad equipment proposed by contractor, and receive and review maintenance and operating instruction manuals, schedules, guarantees, and certificates of inspection, which are to be assembled by contractor in accordance with the Contract Documents. f) Engineer shall issue all instructions of City to contractor as well as interpretations and clarifications of the Contract Documents pertaining to the performance of the work. g) Based upon Engineer's on-site observations and as an experienced and qualified design professional, and upon review of applications of payment and the accompanying data and schedules, Engineer shall review the amounts owed to the contractor and recommend in writing payment to contractor in such amounts. The recommendation of payment by Engineer shall constitute a recommendation by Engineer to City based upon Engineer's review of the progress of work and that quality of such work is in accordance with the Contract Documents as Engineer has observed. h) Upon notification from contractor that the Project is substantially complete, Engineer shall conduct an inspection of the site to determine if the Project is substantially complete. Engineer shall prepare a checklist of items that shall be completed prior to final acceptance. i) Upon notification by contractor that the checklist items designated for completion have been completed, Engineer shall inspect the Project to verify final completion. j) Engineer shall not be responsible for the work of the contractor or any of his subcontractors, except this provision shall not alter the Engineer's duties to City arising from the performance of Engineer's obligations. k) Engineer shall conduct a one-year warranty inspection prior to the end of the warranty period and to coordinate the completion of any required warranty repairs. 1) Engineer shall prepare and process change orders as required during the course of the Project. However, Engineer shall not execute change orders on behalf of City or otherwise alter the financial scope of the Project without the authorization of the City. ARTICLE 4 -- COMPENSATION Dunham Engineering Contract Page 3 of 15 City agrees to pay Engineer for all professional services rendered under this agreement. Engineer shall be paid a fee based on the rates of compensation as evidenced in "Attachment B". Engineer shall prepare and submit to the City for approval or modification, a statement showing as completely as practicable, the total value of the work done by the Engineer based on completion of the milestones identified in "Attachment B." City shall then pay Engineer within 30 days of the statement date, provided that the total cost of engineering services to be provided under this Agreement shall not exceed SEVENTEEN -THOUSAND DOLLARS ($17,000). ARTICLE 5 — WARRANTY AND COMPLIANCE WITH LAWS A. Engineer warrants the Contract Documents and other information provided pursuant to the terms of this Agreement, as an experienced and qualified professional engineer, reflecting the current standard, procedures, and performances of the industry for this Project. Engineer warrants the design preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel and the performance of other services pursuant to the agreement, pursuant to the highest standard of performance in the profession. B. Engineer represents, promises, and warrants to City that it shall comply with all applicable Federal, State and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals which affect the performance of this Agreement, including all applicable Worker's Compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith. C. Engineer shall be responsible for the settlement and payment of all contractual and/or administrative disputes which may arise as a result of Engineer's non- compliance with any of the above applicable federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies, or tribunals, and, shall hold harmless and indemnify City from and against any and all claims and/or liabilities arising from such non-compliance by Engineer with the any and all applicable laws. D. Nothing in this Article 5 shall limit the indemnity obligations owed by Engineer to City pursuant to Article 6 of this Agreement. ARTICLE 6 INDEMNIFICATION AND INDEMNITY A. Engineer whose work product is the subject of this Agreement for engineering services agrees to INDEMNIFY AND HOLD CITY, ITS ELECTED OFFICIALS, OFFICERS, ATTORNEYS, AND EMPLOYEES, HARMLESS against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including attorney's fees and costs of defense), proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including but not limited to, personal injury (including death), property damage, or other harm for which recovery of damages is sought that, may ARISE OUT OF OR BE OCCASIONED OR CAUSED BY ENGINEER'S NEGLIGENT ACT, ERROR OR OMISSION, OR FOR THE NEGLIGENT, ACT, ERROR, OR OMISSION OF, ANY AGENT, Dunham Engineering Contract Page 4 of 15 OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE, CONSULTANT, OR SUBCONSULTANT OF ENGINEER, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, AND REPRESENTATIVES while in the exercise of performance of the rights or duties under this Agreement. The Indemnity provided for in this paragraph shall not apply to any liability resulting from the negligence of CITY, its officers or employees, in instances where such negligence causes personal injury, death, or property damage. IN THE EVENT ENGINEER AND CITY ARE HELD JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY WILL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. B. Pursuant to Chapter 271.904 of the Texas Local Government Code or its successor provision, Engineer whose work product is the subject of this Agreement for Engineering services, EXPRESSLY AGREES to INDEMNIFY AND HOLD CITY, ITS AGENTs AND EMPLOYEES HARMLESS against any and all claims, lawsuits, judgments, costs, I iens, I osses, a xpenses, f ees ( including a ttorney's f ees a nd costs of defense), proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, for the personal injury, death, or property injury to Engineer or the employee(s) of Engineer for which recovery of damages is sought that my arise while in the exercise or performance of the rights or duties under this Agreement. 1. It is the EXPRESS INTENT of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Engineer to INDEMNIFY, PROTECT, and HOLD HARMLESS, the CITY, ITS AGENTS OR EMPLOYEES from the consequences of the NEGLIGENCE of the CITY, ITS AGENTS OR EMPLOYEES in instances where such negligence causes personal injury, death, or property damage to Engineer or employees of Engineer; or any other expense that arises from personal injury, death, or property injury to Engineer or employees of Engineer. Engineer further AGREES TO DEFEND, AT ITS OWN EXPENSE and ON BEHALF OF THE CITY AND IN THE NAME OF THE CITY, any claim or litigation brought against the City in connection with any such injury, death, or property injury for which this indemnity shall apply, as set forth above. 2. Engineer shall promptly advise the City, in writing, of any daim or demand against the City or Engineer known to Engineer to be related to or which is out of Engineer's activities under this Agreement. 3. The provisions of this action are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual, or otherwise, to any other person or entity. ARTICLE 7 ENGINEER'S RESPONSIBILITY Dunham Engineering Contract Page 5 of 15 The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Engineer's responsibility for all questions arising from such errors and/or omissions will be determined by the City. ARTICLE 8 - ENGINEER'S SEAL The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and Rules of the State Board of Registration for Professional Engineers. ARTICLE 9 - NONCOLLUSION The Engineer warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement and that it has not paid or agreed to pay any company or Engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability o r, i n i is d iscretion, to deduct from the Agreement price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ARTICLE 10 - INSURANCE A. Engineer shall procure and maintain (at its sole cost and expense) insurance for the duration of the agreement against claims for injuries to person or damages to property which may arise from or in connection with the performance of the work hereunder by Engineer, its agents, representatives, volunteers, employees or subcontractors. B. The Engineer's insurance coverage shall be primary insurance with respect to the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by City, its officials, employees or volunteers, shall be considered in excess of the Engineer's insurance and shall not contribute to it. C. The Engineer shall include all subcontractors as "Additional Insured's" under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. D. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. All Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain provisions warranting the following: 1. The company is licensed and admitted to do business in the State of Texas. Dunham Engineering contract Page 6 of 15 2. The insurance policies have been underwritten on forms that have been approved by the Texas Department of Insurance. E. The following standard insurance policies shall be required: 1. General Liability Policy 2. Automobile Liability Policy 3. Workers Compensation Policy 4. Professional Liability Policy F. The following general requirements are applicable to all policies: 1. General Liability, Automobile Liability, and Professional Liability insurance shall be written by a carrier with an A:VIII or better rating in accordance with the current Best Key Rating Guide. 2. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. 3. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. A deductible is acceptable for Professional Liability insurance and the deductible limits shall not exceed TEN THOUSAND AND NO/100 DOLLARS ($10,000.00). 4. Claims Made Policies will not be accepted, except for Professional Liability Insurance. 5. The City of Georgetown, its officials, employees, and volunteers, are to be added as an "Additional Insured" to the General Liability and the Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, or volunteers. 6. A Waiver of Subrogation in favor of the City with respect to Workers Compensation insurance must be included. 7. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits except a fter t hirty (30) d ays' p rior w ritten n otice b y c ertified mail, return receipt requested, has been given to the City. 8. Upon request, certified copies of all insurance policies shall be furnished to the City. G. The following Commercial General Liability will be required: Dunham Engineering Contract Page 7 of 15 1. Minimum combined Single Limit of $1,000,000.00 per occurrence for Bodily Injury and Property Damage. 2. Coverage shall be at least as broad as Insurance Service's Office form number CG 00 01. 3. No coverage shall be deleted from the standard policy without notification to City of individual exclusions being attached for review and acceptance. H. The following Automobile Liability will be required: 1. Minimum Combined Single Limit of $1,000,000.00 per occurrence for Bodily Injury and Property Damage. 2. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. The following Professional Liability will be required: 1. Minimum of $1,000,000.00 per occurrence and $1,000,000.00 aggregate. 1. Coverage must be maintained for two (2) years after the termination of this agreement. J. The following Workers' Compensation will be required: 1. Employer's Liability limits of $100,000.00 for each accident is required. 2. Texas Waiver of Our Right to Recover From Others Endorsements, W 42 03 04 shall be included in this policy. 3. Texas must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: all States except those listed in Items A and the States of NV, ND, OH, WA, WV, WY. ARTICLE 11 - INSPECTION OF ENGINEER'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS The City shall have the exclusive right to examine the books and records of the Engineer for the purpose of checking the amount of work performed by the Engineer at the time of Agreement termination. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such Dunham Engineering Contract Page 8 of 15 materials available at its office during the Agreement period and for four (4) years from the date of final payment under this Agreement or until pending litigation has been completely and fully resolved, whichever occurs last. The City or any of its duly authorized representatives, shall have access to any and all books, documents, papers and records of the Engineer which are directly pertinent to this Agreement for the purpose of making audits, examinations, excepts and transcriptions. ARTICLE 12 - COPYRIGHTS The City shall have the royalty free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use any reports developed by the Engineer for governmental purposes. ARTICLE 13 - SUCCESSORS AND ASSIGNS The Engineer, and the City, hereby bind themselves, their successors, executors, administrators and assigns to each other party of this Agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Agreement. The Engineer shall not assign, subcontract or transfer its interest in this Agreement without the prior written consent of the City. ARTICLE 14 - SEVERABILITY In the event any one or more of the provisions contained in this Agreement shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE 15 -WRITTEN NOTICE A. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to any officer of the corporation for whom it is intended or if it is delivered or sent certified mail to the last business address as listed in Article 28.13 below. Each party will have the right to change its business address by at least thirty (30) calendar days written notice to the other parties in writing of such change. B. All notices to either party by the other required under this Agreement shall be personally delivered or mailed to such party at the following respective addresses: City of Georgetown Attn: Mr. Jim Briggs Assistant City Manager for Utility Operations P.O. Box 409 Georgetown, Texas 78627-0409 Dunham Engineering Contract Page 9 of 15 Dunham Engineering, 13141 Hill Road College Station, Texas Inc. 77845 ARTICLE 16 - PRIOR AGREEMENT SUPERSEDED This Agreement constitutes the entire Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreements between the parties respecting the subject matter defined herein. ARTICLE 17 - AMENDMENT No amendment to this Agreement shall be effective and binding, unless and until it is reduced to writing and signed by duly authorized representatives of both parties. ARTICLE 18 - LITIGATION COSTS In the event of litigation concerning the subject matter of this Agreement, the prevailing party shall be entitled to reimbursement for all of its attorney's fees, court costs, and other litigation costs. ARTICLE 19 - CHOICE OF LAW AND PLACE OF PERFORMANCE This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance of this Agreement and all matters related thereto shall be in Williamson County, Texas, United States of America. ARTICLE 20 - SIGNATORY WARRANTY The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory is an officer of the organization for which he or she has executed this Agreement and that he or she has full and complete authority to enter into this Agreement on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing the City to enter into this Agreement. ARTICLE 21 -WAIVER Failure of any party, at any time, to enforce a provision of this Agreement shall in no way constitute a waiver of that provision nor in any way a ffect t he v alidity of t his Agreement, any part hereof, or the right of the City thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. ARTICLE 22 - NON -ASSIGNMENT CLAUSE ENGINEER shall not assign, sublet or transfer any rights under or interest in this agreement without the written consent of the City, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be Dunham Engineering Contract Page 10 of 15 restricted by law. Unless specifically stated to the contrary, in any written consent to an assignment, no agreement will release or discharge the assignor from any duty or responsibility under this agreement. Nothing contained in this paragraph shall prevent the Engineer from employing such independent associates and consultants as the Engineer may deem appropriate to assist in the performance of services hereunder. Nothing under this agreement shall be construed to give any rights or benefits in this agreement to anyone other than the City and Engineer, and all duties and responsibilities undertaken pursuant to this agreement will be for the sole and exclusive benefit of the City and Engineer and not for the benefit of any other party. ARTICLE 23 — TERMINATION A. This Agreement shall remain in effect until the Agreement expires, completion and acceptance of services performed, or until terminated by the City for any cause or no cause with thirty (30) days written notice prior to any cancellation. B. City reserves the right to enforce the performance of this Agreement in any manner prescribed by law or deemed to be in the best interest of the City should there be a default or breach of this Agreement by Engineer. City reserves the right to terminate this Agreement immediately, and without thirty (30) days written notice in the event Engineer fails to: 1. meet delivery or completion of scheduled services; 2. otherwise perform in accordance with this Agreement. C. On expiration, termination, or cancellation of this Agreement for any cause, Engineer, without additional cost to the City, shall provide all reasonable assistance and devote Engineers best efforts to returning to the City, or the City's designees, in an orderly and expeditious manner, all data, records, and documentation belonging to the City. The City, by written notice to Engineer, may defer the actual termination date or cancellation of this Agreement for an additional sixty (60) days to enable the City to make appropriate provisions for the handling of the functions performed by Engineer without loss of performance time. Any extension will be on the terms and conditions contained in this Agreement. D. Upon termination of this Agreement by City, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at the time. Should the City terminate this Agreement under Section (B) Article 23, the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. E. If the Engineer defaults in the performance of this Agreement or if the City terminates this Agreement for fault on the part of the Engineer, the City will give consideration to the actual costs incurred by the Engineer in performing the work to the Dunham Engineering Contract Page 11 of 15 date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to the City, the cost to the City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the City of the work performed at the time of default. F. The termination of this Agreement and payment by City of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of the City and the Engineer under this Agreement, except the obligations of Engineer set forth in Article 5 of this Agreement, which shall remain in force, and survive the termination or completion of this Contract. If the termination of this Agreement is due to failure of the Engineer to fulfill its Agreement obligations, the City may take over the project and prosecute the work to completion. In such case, the Engineer shall be liable to the City and agrees to pay for any additional cost(s) occasioned by the City, including any additional costs to city in obtaining another Engineer to perform the services set forth in this Agreement. G. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurement made by the Engineer in support of the scope of services under this Agreement. ARTICLE 24 — INDEPENDENT CONSULTANT / ENGINEER The parties agree that Engineer shall be deemed to be an independent consultant/engineer and not an agent or employee of the City with respect to its acts or omissions hereunder. The parties agree that the services and activities performed under this agreement are not and shall not be construed as a joint venture between the parties. ARTICLE 25 — CONFIDENTIAL WORK Any reports, information, Project evaluation, Project designs, data, or other documentation developed by Engineer hereunder given to or prepared by or assembled by the Engineer will not be made available to any individual or organization by the Engineer without prior written approval of the City. ARTICLE 26 — OWNERSHIP OF DOCUMENTS City shall have title and ownership of all documents, publications, brochures, reports, data, in any form or media, produced by the Engineer pursuant to this Project. All such works shall be deemed works -for -hire. City shall have sole ownership of all copyright interest in any documents produced by Engineer pursuant to this agreement, to the extent that any such documents may be copyrighted. ARTICLE 27 — NO ORAL MODIFICATION / COMPLETE AGREEMENT Dunham Engineering Contract Page 12 of 15 This agreement and any exhibits thereto constitute the entire agreement between the City and Engineer and supersedes all prior written or oral understandings. This agreement may only be amended, supplemented, modified or cancelled by a duly executed written instrument. ARTICLE 28— REMEDIES The rights and remedies of the City provided in this agreement shall not be exclusive and are in addition to any other rights and remedies provided by law and under this agreement including the right of specific performance and offset. Payment made to Engineer by the City shall not denote acceptance of the work. ARTICLE 29 EXHIBITS All exhibits attached to this agreement are incorporated by reference and expressly made part of this agreement as if copied verbatim. Dunham Engineering contract Page 13 of 15 IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate: DUNHAM ENGINEERING, INC. THE ENGINEER A Signature Printed Name Title Date CITY OF GEORGETOWN am Gary Nelon, Mayor Date APPROVED AS TO FORM: Patricia E. Carts, Brown & Carls, LLP City Attorney Dunham Engineering Contract Page 14 of 15 LIST OF ATTACHMENTS Attachment A — Dunham Engineering Report of Inspection for Berry Creek GST Attachment B — Compensation and Milestones Dunham Engineering Contract Page 15 of 15 DUNHAM ENGINEERING Water Tank Consultants 13141 Hill Rd. • College Station, 7% 77845 • (979( 690-6555 • Mobile (979( 820-1648 • FAX (979( 690-7034 w .DunhamEngineeringxom Report of Inspection Ground Storage Tank @ Berry Creek Georgetown, Texas Conducted by Jimmy D. Dunham, P.E. February 6, 2001 i. CONSTRUCTION The welded steel ground storage tank appears to be at least 25 years old. It has a nominal capacity of 500,000 gallons. The tank has a radius of 30' and a wall height of 24'. The tank consists of three welded steel rings supported by a gravel berm foundation. 2. FOUNDATION The gravel berm foundation is held in place with a steel retaining ring. The walls of the tank in the lower ring of steel are plumb. The tank is 4" above grade. The steel ring is rusting. 3. LEVEL CONTROL The tank has a liquid level indicator that is no longer used. The float cable access holes are properly protected. A pressure gauge is also located on the drain line; however, the water level is controlled by a SCADA device at the control room. 4. OVERFLOW(DRAIN PIPE,/FILL The stub out overflow pipe exits the tank at the top of the wall and ends in a gravity hinged flap valve. The tank has a drain line directly below the overflow pipe. Two PVC fill pipes fill the tank from the top. MANWAY The tank has one 24" diameter bolted manway in the lower ring that is in good condition. The manway was opened for the inspection. No evidence of leaks was noted in the manway. The weld seam on the neck is in good condition with no cracks noted. 6. LADDERS The exterior ladder starts at ground level and stops at the roof. The ladder is in good condition. It has no safety climb device. 01 The tank has no interior ladder. 7. TOP HATCH The tank has a 20" square top hatch in fair condition. The curb and lid are corroded. The lock was not changed. 8. TOP VENT The tank has a 30" diameter top vent properly screened and in good condition. 9. ROOF The roof is properly sloped to prevent water from ponding. No cracks were noted in the weld seams. The roof is rusting in several places. The roof is supported by one 10" diameter steel pipe center column with 30 rafters. The rafters are each 8" deep channels. The rafters are welded to the wall and resting on the center column support plate. The channels are severely corroded on the top and bottom edges and on the center column. Two of the rafters are slightly buckled. Approx. 30% of the roof support system is corroded. 10. OBSTRUCTION LIGHTS The tank has no obstruction lights. 11. INTERIOR The tank was drained for the inspection and access was gained through the lower manway. No floating debris or evidence of insects was noted. The water quality was clear. Minor sediment was located on the floor. 12. PROTECTIVE COATINGS The 8 mils thick exterior epoxy coating system is in fair condition. A 3 mils thick primer is covered with a 5 mils thick epoxy coating. Approx. 1 % of the exterior surface area is rusting. An adhesion test was performed and the coating is not sufficiently adhered to the steel to allow top coating. The lead content of the exterior coating system is 150 ppm or less than 0.02% total lead. The 12 mils thick interior epoxy coating is in poor condition. Approx. 30% of the interior steel is rusting. The lead content of the interior coating system is 40 ppm or less than 0.01 % total lead. 13. CATHODIC PROTECTION The tank has no CP system. 14. CONCLUSION & RECOMMENDATIONS a. The tank is approx. 25 years old and in fair structural condition with the exception of the protective coating systems and the roof rafters. b. The rafters are corroded and need to be repaired within 1 year to prevent further corrosion damage. The coatings are aged beyond their expected life span and should be replaced within one year. c. Structural repairs are required as follows: (1) repair rafter ends (2) replace top hatch with 30" diameter hatch (TNRCC requirement) (3) add 30" diameter manway in lower ring of steel (TNRCC requirement) (4) add an interior ladder (5) run overflow pipe to ground (check capacity since two fill pipes) 3 =-1 i 36 =-1 i +qty H •moi �nYN IM t:- V 5a;,. x y + L .. FF `�? ►�.�`� a [. Rafters welded to wall and rusted Inberior walls rusted 10 Interior walls rusted Interior weld seams rusted 11 ! ' t I A!` I )� iso ♦� � 4 � R y 4 Interior weld seams rusting 13 Engineering Cost Estimate Scope of Work: Replace coating systems & perform structural repairs. Structural Repairs: Install top hatch = $1,500. Install manway = $3,500. Repair 30 rafter ends @ $100 each = $3,000. Add interior ladder = $1,000. Run overflow pipe to ground = $1,000. Add safety climb device = $1,000. Add ladder gate = $2,000. Total structural repairs = $13,000. Replace Interior Coating: 12,000 sf x $3/sf = $36,000. Dehumidification equip. rental = $10,000. Disposal of 60 tons of debris @ $50/ton = $ 3,000. Total interior coating = $49,000. Replace Exterior Coating: 8,000 gf x $3(sf. _ $24,000. Disposal of 32 bons of debris 0;$50/ton = $ x1,600. Total exterior coating $25,600. Total Diiect Cost $13,000 + $49,000 + $25,600 = $87,600. Add 25% for indirect cost = 22,000. Total Contractor Cost = $109,600. Add 10% contingency = + $10,000. Add 15% professional fee = + $16,400. Total Budget Figure = $109,600 + $10,000 + $16,400 = $136,000. 14 FPOM : SASI FH:: HIJ. leb. 1= _L001 03: 35FY1 F:� = SASI Soil Analytical Services, Inc. Company. Dunham Engmccring Submitted by: Jim Dunham, P.E. Date Receivcd: 718/01 Reference No.: 003010068 Report Date: 2/12101 Site: Georgetown Berry Creck GST Sample ID Lab M Total Lead mg/kg interior 068-1 39.5_ Exterior 068-2 150 n 4 Tech DSS Date 2/12101 Method 601 OB" 'Test Methods for Evaluating Solid Waste, EPA SW -846. (1986) Marianne R. R. Guzman V Assistant Lab Manager 415 Graham Rd. College Station, Texas 77845 Ph: (979)690-2200 Fax: (979)690-0261 Council Meeting Date: December 16, 2002 Item No. O AGENDA ITEM COVER SHEET SUBJECT: Council consideration and approval of an amendment to the contract between the City of Georgetown and Roming-Parker and Kasperg,L.L.P., for engineering services related to Railroad Street and loth Street alignment. ITEM SUDIIdARY: Railroad Street is an alternative North to South parallel route between IH35's frontage roads and Austin Avenue. The new segment connecting Leander Road and University Avenue is a straight convenient path. The remaining section between University Avenue and 10 Street does not meet current standards and is in need of reconstruction. A narrow "T" intersection with 10th Street along with old substandard drainage structures prevents this from being a desirable route to Facilities such as the Tax office, the Police station or the Library The proposed Engineering services would provide the information needed to determine the best solution for improving the roadway and intersection. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: Account # 110-101-6912-00 $44,000.00 COMMENTS: None. ATTACHMENTS: 1. Letter of proposal from Roming, Parker and Kasberg,L.L.P. 2. Map showing Railroad Street from University to 10th Street. By: Jim Brigg ,1 \ Mark Miller istant i Manager Transportation Services for Utili es Manager W- ATTACHMENT A SUMMARY OF CHARGES FOR SERVICES 2002 — 2003 CAPITAL IMPROVEMENTS PROJECT FOR RAILROAD AVENUE AND 10TH STREET REALIGNMENT GEORGETOWN, TEXAS TASK Railroad Avenue and 10th Street Realignment I. BASIC SERVICES A. Preliminary Engineering Design $ 28,000.00 B. Preliminary Engineering Report $ 10,000.00 TOTAL BASIC SERVICES $ 38,000.00 IL SPECIAL SERVICES A. Property and Rights-of-way Research $ 2,000.00 B. Design Surveys $ 4,000.00 TOTAL SPECIAL SERVICES $ 69000.00 * Establishment of existing rights -0f --way are included in these costs subject to discovery of adequate recoverable monuments. Additional funds may be requested if this is not found to be the case. AMENDMENT DATED NOVEMBER 11, 2002 TO THE AGREEMENT BETWEEN THE CITY OF GEORGETOWN AND ROMING, PARKER & KASBERG, L.L.P. FOR PROFESSIONAL SERVICES PRELIMINARY DESIGN FOR RAILROAD AVENUE AND 10th STREET REALIGNMENT The General Services Agreement between the CITY OF GEORGETOWN (City) and Routing, Parker & Kasberg, L.L.P., (Engineer) last authorized on March 14, 1995, is hereby amended as follows: The scope and cost of the anticipated services are set forth in the attached Exhibit A. The charges for the work in Amendment November 11, 2002 are to be paid on a lump sum basis unless additional work due to change in scope is authorized. Your signatures below will constitute your acceptance of Amendment Dated November 11, 2002. Executed in duplicate original this day of , 2002 at Georgetown, Texas, where this contract is performable and enforceable. Approved as to form: Party of the First Part: CITY OF GEORGETOWN, TEXAS Patricia E. Carls City Attorney Gary Nelon Mayor Attest: Sandra D. Lee Party of the Second Part: City Secretary ROMING, PARKER & KASBERG, L.L.P. By: R. David Patrick, P.E. Principal Engineer STATE OF TEXAS COUNTY OF BELL This instrument as acknowledged before me on this the ifih day of AV Vzrn6i-- 2002. 7-n. L IX A eLtha Printed name: TV RA--, On • LAA L -TE R-% Notary Public _ Commission Expires: 12- 27-05 ..*�: w, DORIS M. WALTERS Notary Pubk. State of Texas My Commisslon Expkes December 27, 2005 W S 1Oth_St - --- 10th St. and Railroad St. Improvements Council meeting date: December 16, 2003 Item No.: ;;;7 — AGENDA ITEM COVER SHEET SUBJECT: Consideration of an ordinance abandoning a portion of the First Street right-of-way between Rock Street and Austin Avenue (First Reading). ITEM SUMMARY: On November 5, 2003, the City received application from Gavurnik Group, Inc. ("Gavurnik") for the abandonment of a portion of the unopened First Street right-of-way between Rock Street and Austin Avenue along the south side of the South San Gabriel River. Gavurnik owns property south of and adjacent to the right-of-way that it plans to develop and, therefore, desires to acquire the right-of-way to enhance the usability and appearance of its property. Staff has determined that there are no utilities located within the area to be abandoned. However, the proposed transaction provides for the reservation of a 15 -foot -wide public utility easement along northern boundary of the property to be abandoned. The attached proposed ordinance abandons the subject right-of-way and authorizes the City Attorney to prepare the necessary documents to affect the transaction. FINANCIAL IMPACT/SPECIAL CONSIDERATIONS: The fair market value of the property as determined by Kokel-Oberrender-Wood Appraisal Associates is $15,400.00. As consideration for the City's abandonment of the property, Gavurnik has requested to construct certain public park improvements to be designated and approved by the City, as an in-kind payment of $15,400.00. The proposed ordinance gives the Applicant the option to either build or bond such improvements or pay cash for the right-of-way prior to the City's execution and recordation of a deed abandoning the right-of-way. ATTACHMENTS: Proposed ordinance and exhibits Submitted By: �t Ac-� �-� r - C'���1 L��� im Briggs, As ' nt Ci anager for Patricia E. Carls, Brown & Carls, LLP, Utility Operations City Attorney ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN PROVIDING FOR THE ABANDONMENT OF A PORTION OF THE 1ST STREET RIGHT-OF-WAY BETWEEN AUSTIN AVENUE AND ROCK STREET; PROVIDING FOR THE TERMS AND CONDITIONS OF SUCH ABANDONMENT; CALLING A PUBLIC HEARING; PROVIDING A CONFLICT AND SEVERABILITY CLAUSE AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown has received an Application from Gavurnik Group, Inc. ("Applicant") for the Abandonment of the street, alley, and/or public right-of-way described as 0.202 acres (8,788 square feet) out of the Nicholas Porter Survey, Abstract No. 497, in the City of Georgetown, County of Williamson, being a portion of 1St Street as shown on map or plat thereof recorded in Volume 5, Page 211, Deed Records, Williamson County, Texas; said 0.202 acres being more particularly described by metes and bounds and sketch attached hereto as Exhibits "A" and `B" (the "Property") , respectively; and WHEREAS, notice of the time and place, where and when this Ordinance would be given a public hearing and considered for final passage, was published in the Williamson County Sun, a newspaper of general circulation in the City of Georgetown, said publication being on the 19th day of November, 2003, the same being more than seventy-two (72) hours prior to the time designated for said hearing; and WHEREAS, upon considering the Application and additional information pertaining to the Application, the City Council now finds that (a) there are no existing utilities located within the property to be abandoned; OR (b) the utilities existing in the area of the street, alley, and/or public right-of-way will be sufficiently protected by being either relocated or placed into easements and that the utility companies serving the area including and surrounding the right-of-way have determined that their utilities, if existing, will also be sufficiently protected by the same means; and WHEREAS, the fair market value of the Property is $15,400.00 (see Exhibit "C" - value of entire right-of-way tract $20,000.00; value of part to be abandoned $15,400.00). Applicant may pay this amount in cash or in lieu of cash payment for the fair market value of the Property, Applicant may construct certain public park improvements adjacent to the Property and in Blue Hole Park, provided that such improvements are not otherwise required by the Unified Development Code or other City development regulation related to any future development of Lots 1 and 8, Block 3, in the City of Georgetown according to map or plat thereof in Volume 5, Page 211, of the Williamson County Deed Records as described in this Ordinance (the "Public Improvements") and the I" Street Abandonment Ordinance No. Page I of 4 City has agreed to accept the Public Improvements as an in-kind payment of $15,400.00. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN TEXAS: SECTION 1. 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 implements the following policy of the Century Plan - Policy Plan Element(s): Growth and Physical Development Focus End 3.00, which states: "Citizens, business owners and organizations enjoy the benefits of well-planned land usage in which conflicting needs are balanced"; and Economic Development Focus End 1.01, which states: "Existing undeveloped sites in Georgetown are put to beneficial use"; and The City Council further finds that the adoption of this resolution is not inconsistent o r i n conflict w ith a ny other C entury P Ian Policies, as required b y Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. That the following described portion of a street, alley, and/or public right-of-way, as described on Exhibits `A" and `B" attached hereto and made a part of this ordinance for all purposes, be, and the same is hereby abandoned, vacated and closed insofar as the right and title of the public is concerned. SECTION 3. That said portion of a street, alley, and/or public right-of-way is not needed for public purposes and it is in the public interest of the C ity o f Georgetown to abandon said described portion the street, alley, and/or a public right-of-way. SECTION 4. That the abandonment provided for herein shall extend only to the public right and title in and to the tracts of land described in SECTION 2 of this ordinance, and shall be construed only to that interest the governing body of the City of Georgetown may legally and lawfully abandon. SECTION 5. The City Attorney is hereby authorized to issue and the Mayor authorized to execute a Deed in the form attached hereto as Exhibit `D" and the City Secretary is authorized to attest thereto on behalf of the City of Georgetown, and to execute any other documentation necessary to affect the transaction. I" Street Abandonment Ordinance No. Pace 2 of 4 SECTION 6. Prior to the City's execution of the deed abandoning the Property and recordation thereof in the real property records of Williamson County, Applicant shall: 1. Pay to the City the sum of $15,400 cash; or 2. Provide fiscal surety acceptable to the City in the amount of $15,400 for construction of the Public Improvements; or 3. Complete the construction of the Public Improvements in accordance with all applicable City regulations. SECTION 7. Pursuant to Section 4.02.040.A. of the City of Georgetown Unified Development Code, the Property shall have the same zoning as the adjacent lots (being Lots 1 and 8, Block 3, in the City of Georgetown according to map or plat thereof in Volume 5, Page 211, of the Williamson County Deed Records). In addition, upon execution and recordation of the Deed, the Property will be deemed to be a part of the adjacent lots (being Lots 1 and 8, Block 3, in the City of Georgetown according to map or plat thereof in Volume 5, Page 211, of the Williamson County Deed Records). SECTION 8. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Georgetown, and this ordinance shall not operate to repeal or affect any of such other ordinances, except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any in such other ordinance or ordinances are hereby superseded. SECTION 9. If any provision of this ordinance or application thereof to any person o r circumstance, shall b e held invalid, s uch invalidity shall n of 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 10, The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in accordance with the provisions of the Charter of the City of Georgetown. I" Street Abandonment Ordinance No. Page 3 of 4 PASSED AND APPROVED on First Reading on the 16"' day of December, 2003. PASSED AND APPROVED on Second Reading on the 13th day of January, 2004. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee, City Secretary Gary Nelon, Mayor APPROVED AS TO FORM: Patricia E. Carts, Brown & Carls, LLP City Attorney I" Street Abandonment Ordinance No. Page 4 of 4 Office: 512-443-1724 w �1 �A aha Professional j-Na1I ssional Land Surveying, Inc. Fax: 512-441-6987 Surveying and Mapping 2807 Menchaca Road 1 Building One Austin, Texas 78704 0.202 ACRES 1st STREET (Right of Way) GEORGETOWN, TEXAS A DESCRIPTION OF 0.202 ACRES (8,788 S.F.) OUT OF THE NICHOLAS PORTER SURVEY, ABSTRACT NO. 497, IN THE CITY OF GEORGETOWN, COUNTY OF WILLIAMSON, BEING A PORTION OF 1st STREET AS SHOWN ON MAP OR PLAT THEREOF RECORDED IN VOLUME 5, PAGE 211, DEED RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 0.202 ACRES BEING MORE PARTICULLARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a Texas Department of Transportation (TxDOT) Type I highway monument found for the southwest comer of a 0.679 acre tract recorded in Volume 277, Page 572, in the Deed Records of Williamson County, Texas, being also the intersection of the west line of Austin Avenue (right-of-way width varies) with the south line of 1st Street, (60' right-of-way width) and in the north line of Block 3, City of Georgetown as recorded in Document No. 2002103714. of the Official Public Records of Williamson County, Texas. from which a 1112" rebar with cap set bears North 88°15'06" East. a distance of 35.00 feet; THENCE South 88037'49" West, along the north line of Block 3, and the south line of 1st Street, a distance of 167.34 feet to a calculated point in the north line of Block 3, being also in the south line of 1 st Street (60' right-of-way width) for the beginning of a non -tangent curve to the left, from which a 1/2" rebar with cap set bears South 88°37'49" West, a distance of 23.82 feet; THENCE leaving the north line of Block 3, over and across 1st Street, 69.43 feet along the arc of the curve to the left, having a radius of 55.00 feet, and through a central angle of 72°19'41 ", the chord of which bears North 21003'38" East, a distance of 64.91 feet to a calculated point in the north line of 1st Street, from which a calculated point for the intersection of the east line of Rock Street with the north line of 1st Street bears South 88°37'49" West, a distance of 49.34 feet; THENCE North 88037'49" East, with the north line of 1st Street, a distance of 141.22 feet to a calculated point for the intersection of the north line of 1 st Street with the west line of Austin Avenue, being also in the west line of the 0.679 acre tract; THENCE South 02039'21" East, along the west line of the 0.679 acre tract, being also the west line of Austin Avenue, and the east line of 1st Street, a distance of 60.02 feet to the POINT OF BEGINNING. containing an area of 0.202 acres of land, more or less. EXHIBIT a 3 Page 2 Surveyed on the ground, February, 2003. Bearing Basis: Grid azimuth for Texas central zone, 1983/93 HARN values from LCRA control network. Attachments: Survey Drawing 339 -004 -RW 1.dwg n MJ24)o--� David Klotz Registered Professio al Land Surveyor DAVID KL State of Texas No. 5428 •� 9 5428 SKLICH TO ACCOMPANY A DESCRIPTION OF 0.202 ACRES (8,788 S.F.) OUT OF THE — NICHOLAS PORTER SURVEY, ABSTRACT NO. 497, IN THE CITY OF GEORGETOWN, COUNTY OF WILLIAMSON, BEING A PORTION OF 1st STREET AS SHOWN ON MAP OR PLAT THEREOF RECORDED IN VOLUME 5, PAGE 211, DEED RECORDS, WILLIAMSON COUNTY, TEXAS. ...... .. .......... ■ 6] BLOCK 4—� tv CITY OF GEORGETOWN BEARING BASIS: GRID AZIMUTH FOR j TEXAS CENTRAL ZONE, 1983/93 HARN VALUES FROM LCRA CONTROL NETWORK. ATTACHMENTF. "rTES AND BOUNDS DESCRIPTION -004-RWi.DOC LEGEND TYPE I HWY MON. FOUND 1/2" REBAR FOUND 1/2" REBAR WITH CAP SET CALCULATED POINT N88'37'49"E 141.22 0.202 ACRES w (8.788 S.F. .� SHOWN ON PLAT V AS 1 ST. STREET CITY OF GEORGETOWN (5/211) 588'37'49"W 167.34' P.O.B. LOTS 1 THROUGH 8 BLOCK 3, CITY OF GEORGETOWN, TX (2002103714, 2003009716 & 2003074497) 5428 `P 75' STATE OF TEXAS BEARING / \ 0 N 1 "= 40' PROPOSED W Wd z ci TURN -AROUND \ Cl W�oz S88'37'49"W Q 3U / 40, �_v— 49.34' N21'0 3a I �\ 1 FZ N u. ri 1 oI a �u a -ato / 40' I of 0 / � o i ZI � m 3 ---� Ld3w 9-� I I ul. I I S88'37'49"W LOT 1 Y 0 rw I 23.82' W I U =I I BLOCK 4 1 CITY OF 1 O S2 0: Ira x l I GEORGETOWN 1 o 1 to a a 3'38"E I LOT 2 I t 30' w IN 1 30' BLOCK 4—� tv CITY OF GEORGETOWN BEARING BASIS: GRID AZIMUTH FOR j TEXAS CENTRAL ZONE, 1983/93 HARN VALUES FROM LCRA CONTROL NETWORK. ATTACHMENTF. "rTES AND BOUNDS DESCRIPTION -004-RWi.DOC LEGEND TYPE I HWY MON. FOUND 1/2" REBAR FOUND 1/2" REBAR WITH CAP SET CALCULATED POINT N88'37'49"E 141.22 0.202 ACRES w (8.788 S.F. .� SHOWN ON PLAT V AS 1 ST. STREET CITY OF GEORGETOWN (5/211) 588'37'49"W 167.34' P.O.B. LOTS 1 THROUGH 8 BLOCK 3, CITY OF GEORGETOWN, TX (2002103714, 2003009716 & 2003074497) 5428 `P 75' STATE OF TEXAS BEARING in 0.679 ACRES "' w o (277/572) W Wd z ci BE Cl W�oz 55.00' Q 3U 64.91' N21'0 3a N88'15'06"E¢- FZ N u. 35.00' Q oI a �u a 40' m 3 2 W 3'38"E I CURVE TABLE NO. DELTA RADIUS_ TAN ARC CHORD BE Cl 72'19'41" 55.00' 40.20' 69.43' 64.91' N21'0 DATE OF SURVEY: 02/18/03 PLOT DATE: 09/24/03 DRAWING NO.: 339-00, '1 PROJECT NO.: 339-00,. KOKEL-OBERRENDER-WOOD APPRAISAL, LTD. Belton.Texas 76513 September 5. 2003 Mr. John Gavurnik Gavurnik Group, Inc. 2004 Williams Drive Georgetown, Texas 78628 Mr. Gary Nelon, Mayor City of Georgetown P.O. Box 409 Georgetown, Texas 78627 Re: Complete Appraisal prepared as a Summary Reportof 0.263 acre out ofthe Nicholas Porter Survey, Abstract No. 497, Williamson County, Texas. The property is located along the east side of Rock Street approximately 240 feet north of West 2nd Street, south of the South San Gabriel River in the City of Georgetown in Williamson County, Texas. (KOW# 03-065) Dear Mr. Gavurnik: As requested. we nave conducted an appraisal of the above referenced property. Larry D. Kokel. ARA. MAI and Wendell C. Wood, MAI inspected the property on September 4. 2003, which Is the effective date of the appraisal. We have gathered and reviewed the available market data considered pertinent to the estimation of value of the property appraised. The purpose of this appraisal is to develop an opinion of the market value of the fee simple interest of the above referenced property. Market value is defined on Page 2 of this report. Based on our analysis of the data contained in the report and on the assumption that the subject property is free of environmental contamination, it is the opinion of these appraisers that the market value of the subject property, as, of September 4, 2003, is: TWENTY THOUSAND DOLLARS ($20,000) Respectfully submitted, Kokel-Oberrender-Wood Appraisal, Ltd. By Kokel-Oberrender-Wood 4ppraisal Management, L.C. Larry D. Koke , ARA, MAI Wendell C. Wood, MAI State Certified State Certified TX -1 321079-G TX -1 323296-G Real Estate Appraisers & Consultants Larry D. Kokel. ARA, MAI BeMord Square - Building B Georgetown (512) 863-6428 David W. Oberrender, MAI 706 Rock Street Austin (512) 930-3499 Wendell C. Wood, MAI Georgetown, Texas 78626 BeltonlTemple (254) 939-1508 Sam Williams Michael D. Mays 208 E. Central, Suite 108 FAX (512) 930.5348 Chad D. Simpson P.O. Box 687 e-mail: kokel@gtwn.net Belton.Texas 76513 September 5. 2003 Mr. John Gavurnik Gavurnik Group, Inc. 2004 Williams Drive Georgetown, Texas 78628 Mr. Gary Nelon, Mayor City of Georgetown P.O. Box 409 Georgetown, Texas 78627 Re: Complete Appraisal prepared as a Summary Reportof 0.263 acre out ofthe Nicholas Porter Survey, Abstract No. 497, Williamson County, Texas. The property is located along the east side of Rock Street approximately 240 feet north of West 2nd Street, south of the South San Gabriel River in the City of Georgetown in Williamson County, Texas. (KOW# 03-065) Dear Mr. Gavurnik: As requested. we nave conducted an appraisal of the above referenced property. Larry D. Kokel. ARA. MAI and Wendell C. Wood, MAI inspected the property on September 4. 2003, which Is the effective date of the appraisal. We have gathered and reviewed the available market data considered pertinent to the estimation of value of the property appraised. The purpose of this appraisal is to develop an opinion of the market value of the fee simple interest of the above referenced property. Market value is defined on Page 2 of this report. Based on our analysis of the data contained in the report and on the assumption that the subject property is free of environmental contamination, it is the opinion of these appraisers that the market value of the subject property, as, of September 4, 2003, is: TWENTY THOUSAND DOLLARS ($20,000) Respectfully submitted, Kokel-Oberrender-Wood Appraisal, Ltd. By Kokel-Oberrender-Wood 4ppraisal Management, L.C. Larry D. Koke , ARA, MAI Wendell C. Wood, MAI State Certified State Certified TX -1 321079-G TX -1 323296-G EXHIBIT "D" [FORM OF DEED WITHOUT WARRANTY] DATE: January 13, 2004 GRANTOR: City of Georgetown, a Texas home -rule municipal corporation GRANTOR'S Mailing Address (including County): P.O. Box 409, Georgetown, Williamson County, Texas 78627 GRANTEE: Gavumik Group, Inc., a Texas corporation GRANTEE'S Mailing Address (including County):2004 Williams Drive, Georgetown, Williamson County, Texas 78628 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration described i n O rdinance N o. _ adopted by the City Council of the City of Georgetown on January 13, 2004. PROPERTY: Being 0.202 acres (8,788 S.F.) out of the Nicholas Porter Survey, Abstract No. 497, in the City of Georgetown, County of Williamson, being a portion of 1" Street as shown on map or plat thereof recorded in Volume 5, Page 211, Deed Records, Williamson County, Texas; said 0.202 acres being in ore p articularly d escribed b y in etes a nd b ounds o n Exhibit "A " and by sketch on Exhibit "B" attached hereto. RESERVATION OF PUBLIC UTILITY EASEMENT: Grantor hereby reserves unto itself, its successors and assigns, for the use and benefit of the public, a 15 -foot -wide public utility easement along the northern boundary of the Property, as shown on Exhibit "C". Grantor, for the Consideration and subject to the Reservation of a Public Utility Easement, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever, without express or implied warranty. All warranties that might arise by common law as well as the warranties in section 5.023 of the Texas Property Code (or its successor) are excluded. t" Street Abandonment Deed — City of Georgetown to Gavurnik Page t of 2 This conveyance is intended to include any property interests obtained by after- acquired title. EXECUTED this the GRANTOR CITY OF GEORGETOWN M Gary Nelon, Mayor APPROVED AS TO FORM: day of January, 2004. ATTEST: Sandra D. Lee, City Secretary Patricia E. Carls, Brown & Carls, LLP City Attorney STATE OF TEXAS ) CORPORATE ACKNOWLEDGMENT COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned authority, on this date personally Gary Nelon, Mayor of the C ity o f G eorgetown, a T exas h ome-rule m unicipal corporation, k nown t o m e t o b e t he person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said municipality, and in the capacity therein stated. 2004. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _day of Notary Public, State of Texas 1" Street Abandonment Deed —City of Georgetown to Gavurnik Page 2 of 2 Office: 512-443-1724 arra . Professional Land Surveying, Inc. Fax: 512.441-6987 Surveying and Mapping 2807 Manchaca Road Building One Austin. Texas 78704 0.202 ACRES 1st STREET (Right of Way) GEORGETOWN, TEXAS A DESCRIPTION OF 0.202 ACRES (8,788 S.F.) OUT OF THE NICHOLAS PORTER SURVEY, ABSTRACT NO. 497, IN THE CITY OF GEORGETOWN, COUNTY OF WILLIAMSON, BEING A PORTION OF 1st STREET AS SHOWN ON MAP OR PLAT THEREOF RECORDED IN VOLUME 5, PAGE 211, DEED RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 0.202 ACRES BEING MORE PARTICULLARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a Texas Department of Transportation (TxDOT) Type I highway monument found for the southwest comer of a 0.679 acre tract recorded in Volume 277, Page 572, in the Deed Records of Williamson County, Texas, being also the intersection of the west line of Austin Avenue (right-of-way width varies) with the south line of 1st Street. (60' right-of-way width) and in the north line of Block 3. City of Gecrgetcwr as recordec it Cccument Nc. 200210371x. of the Official Public Records of `Nilliamscn County. Texas. rom ahic;, a 1;2" rebar with cac set bears North 88°15'06" East. a distance --f 3E.OC `eet: THENCE South 88037'49" West, along the north line of Block 3, and the south line of 1st Street, a distance of 167.34 feet to a calculated point in the north line of Block 3, being also in the south line of 1 st Street (60' right-of-way width) for the beginning of a non -tangent curve to the left, from which a 1/2" rebar with cap set bears South 88°37'49" West, a distance of 23.82 feet; THENCE leaving the north line of Block 3, over and across 1st Street, 69.43 feet along the arc of the curve to the left, having a radius of 55.00 feet and through a central angle of 72°19'41 ", the chord of which bears North 21003'38" East, a distance of 64.91 feet to a calculated point in the north line of 1st Street, from which a calculated point for the intersection of the east line of Rock Street with the north line of 1 st Street bears South 88037'49" West, a distance of 49.34 feet; THENCE North 88037'49" East, with the north line of 1st Street, a distance of 141.22 feet to a calculated point for the intersection of the north line of 1 st Street with the west line of Austin Avenue, being also in the west line of the 0.679 acre tract; THENCE South 02°39'21" East, along the west line of the 0.679 acre tract, being also the west line of Austin Avenue. and the east line of 1st Street, a distance of 60.02 feet to the POINT OF BEGINNING, containing an area of 0.202 acres of land, more or less. EXHIBIT � �1 Page 2 Surveyed on the ground, February, 2003 zone, 1983/93 HARN values from LCRA 339-004RW1.dwg n Y O-JJ24)0--5 David Klotz Registered Professio al Land Surveyo State of Texas No, 5428 Bearing Basis: Grid azimuth for Texas central control network. Attachments: Survey Drawing M7 5428 EssO SUFI JKtIL;H TO ACCOMPANY A DESCRIPTION OF 0.202 ACRES (8,788 S.F.) OUT OF THE NICHOLAS PORTER SURVEY, ABSTRACT NO. 497, IN THE CITY OF GEORGETOWN, COUNTY OF WILLIAMSON, BEING A PORTION OF 1st STREET AS SHOWN ON MAP OR PLAT THEREOF RECORDED IN VOLUME 5, PAGE 211, DEED RECORDS, WILLIAMSON COUNTY, TEXAS. 0 LEGEND TYPE I HWY MON.IOUND 1/2" REBAR FOUND 1/2" REBAR WHIT CAP SET CALCULATED POINT N88'37'49"E 141.22' 0.202 ACRES (H.788 S.F.) SHOWN ON PLAT U AS 1 ST. STREET CITY OF GEORGETOWN (5/211) S88'37'49"W 167.34 LOTS 1 THROUGH 8 BLOCK 3, CITY OF GEORGETOWN, TX (2002103714, 2003009716 k 2003074497) 5428 � \�\ N 1"= 40' ��/ PROPOSED TURN -AROUND \ W w 04 o 588'37'49"W w 40. �-9�z 49.34'C- IF N To Z o � 1 I -el o / _Z x N88'15'06"E ,n o / n00 alb P.O.B. I 0I t a I o i ZI oW I ? ----I I W az I 3w 588'37'49"W LOT 1 23.82'I Y I I �I� - I BLOCK 4V I 2 CITY OF ��0 I Io GEORGETOWN a o I �a Too I � w _ — LOT 2 t 30' I 30' N a LEGEND TYPE I HWY MON.IOUND 1/2" REBAR FOUND 1/2" REBAR WHIT CAP SET CALCULATED POINT N88'37'49"E 141.22' 0.202 ACRES (H.788 S.F.) SHOWN ON PLAT U AS 1 ST. STREET CITY OF GEORGETOWN (5/211) S88'37'49"W 167.34 LOTS 1 THROUGH 8 BLOCK 3, CITY OF GEORGETOWN, TX (2002103714, 2003009716 k 2003074497) 5428 � 75' w STATE OF TEXAS 0.679 ACRES W w 04 o (277/572) w IF N To Z o � Q 3v _Z x N88'15'06"E 35.00' n00 alb P.O.B. I a 40 m � BLOCK 4 �+ CURVE TABLE I X CITY TO I u�i N0. DELTA RADIIJS TAN ARC CHORD BEARING DJ w GEORGETOWN I _.. I Cl 72'19'41" 55.00' I40.20 I 69.43' 1 64.91' N21'03'38"E sa190e1 BEARING BASIS: GRID AZIMUTH FOR l TEXAS CENTRAL ZONE, 1983/93 HARN VALUES FROM LCRA CONTROL NETWORK. ATTACHMENTS ES AND BOUNDS DESCRIPTION 004-RWI.DOC DATE OF SURVEY: 02/1 PLOT DATE: 09/24/03 DRAWING NO.: 339-004 EXHIBIT C N W+ E S N.T.S.rj / I � L 123,82' I u �I I I LOT 1 BLOCK 4CITY i I0 a � OF al GEORGETOWN I I I I I I I I LOT 2 I I I BLOCK 4 t 30' , t 30' CITY OF I GEORGETOWN I I � 15' PUBLIC UTILITY EASEMENT ------- -------- 0.202 ACRES 167.34' LOT 1 THROUGH 8BLOCK 3 CITY OF GEORGETOWN I I I l _I` 75' I I I I STATE OF TEXAS 0.679 ACRES l oCD I WI W= QIW ZIW I cella I Ice I i I I I l I 40' I I I l I l I I I I Council Meeting Date: December 16, 2003 Item No. AGENDA ITEM COVER SHEET RLTEi JRrT e Consideration and possible action related to possible City participation in the Regional Wastewater Study with the Lower Colorado River Authority (LORA) and the Brazos River Authority (BRA) in the amount of $30,000.00. ITEM SUMMARY: Earlier this year, the LCRA and the BRA funded the first phase of a regional wastewater study for the San Gabriel River Basin conducted by Camp, Dresser, and Mckee, Inc. The goal of the first phase of the study was to identify the service area for a regional entity, develop population and wastewater flow projections, and provide alternatives for the structure and implementation of a regional entity. The second phase of the study will develop the Regional Master Plan with appropriate sizing of major piping, cost estimates, and treatment facility plans. The LCRA and BRA have proposed to fund the second phase of this regional wastewater study with cash or in-kind contributions from water providers in the study area, with an equal match to be provided by the Texas Water Development Board. The LCRA and BRA have proposed that Georgetown participate in the cost of the study at a total cost of $30,000.00. SPECIAL CONSIDERATIONS: NONE FINANCIAL IMPACT: Funds to be provided by the Wastewater Operations Fund in the amount of $30,000.00. STAFF RECOMMENDATION: Staff recommends participating with the San Gabriel Regional Wastewater Study at a cost of $30,000.00. GUS BOARD RECOMMENDATION: None - Cost does not meet the threshold for GUS review. COMMENTS: NONE ATTACHMENTS: 1. Regional Wast 2. Phase II cpio'F tted By: P5s st for Ut r Master Plan Overview. matte and participation ty Manager Glenn W. Disli6n_g, Water Services Ma 3 San Gabriel River Watershed Wastewater Master Plan Overview Williamson County, Texas, has one of the fastest growing populations in the United States. This population growth can be seen in the Cities of Round Rock, Georgetown, Cedar Park, and Leander, and in the. unincorporated areas surrounding these Cities. As the population growth continues, especially to the west of Georgetown, north of Leander, and around Liberty Hill, it is endangering the watershed of San Gabriel River due to developing neighborhoods which have large homes on lots with on-site sewage facilities. The most effective way to limit the degradation of the San Gabriel River and the Edwards Aquifer is to eliminate the large number of small wastewater treatment plants and on-site systems with a regional system. A regional system will collect wastewater in the San Gabriel River Watershed and safely pipe it to regional wastewater treatment plants for proper treatment. To this end, a meeting was held between the Brazos River Authority (BRA), Lower Colorado River Authority (LCRA), and the Cities. A planning effort was proposed by BRA and LCRA to evaluate the long-term necessity of regional wastewater. There was a great deal of interest by the Cities to conduct this plan. The following points detail the San Gabriel River Watershed Master Plan: • ' The BRA and LCRA will develop the scope of work, manage the initiative, and research the financial opportunities for the planning effort. • The study will take a phased approach, using population dynamics and water needs to predict future wastewater demands and the infrastructure needed to meet growth. • The Master Plan will identify regional options to meet wastewater demands, thus providing optimum protection to the environment and the sensitive Edwards Aquifer. • Stakeholders' input will provide local expertise and insight into the long-term regional planning process. • Long-term, cost effective solutions will be identified to promote regionalization and protect environmental resources. • Phase I will cost approximately $50,000 and is projected to be complete by summer 2003, while Phase II will likely be in excess of $300,000 and will likely take one year to complete. &Ism pbdd wwmp edwmds2 doc doe Phase II Cost estimate and Participation Breakdown Customer Phase II (In -Kind) Phase II (Cash) Total BRA 10,000 15,000 25,000 LCRA 10,000 15,000 25,000 City of Georgetown 10,000 30,000 40,000 Other 5,000 10,000 15,000 Total Local 35,000 70,000 105,000 TWDB 105,000 Phase 11 210,000 Phase I Alliance 51,400 Total Project 261,400 Council Meeting Date: December 16,2003 Item No. l — I AGENDA ITEM COVER SHEET SUBJECT: Council consideration and approval of renewal of the annual Electric Utility Services Agreement between LORA and GUS Electric. ITEM SUMMARY: Approval of this agreement allows GUS Electric to continue to use the services of the LORA Technical Services group for items ranging from Equipment Testing, Environmental Services, Engineering Services, Material Services, Technical Services, Operational Services, as well as Protective and Diagnostic Equipment Testing. SPECIAL CONSIDERATIONS: This agreement formerly known as the Technical Services Agreement has been in effect since 1979, and has served both utilities well. GUS BOARD RECOMMENDATION: GUS Board recommends approval to Council at its December 16, 2003 meeting. STAFF RECOMMENDATION: Staff recommends approval of the Electric Utility Services Agreement bewteen LCRA and GUS. FINANCIAL IMPACT: Funds not to exceed $50,000.00 are to be paid from the electric capital improvement project accounts only as required. COMMENTS GUS Electric will in the next 12-18 months be working on a SPCC plan, Substation integration plan, as well as Diagnostic and Protective Equipment Testing from their certified lab in addition to the current substation inspection and training programs currently in place. ATTACHMENTS: Electric Utility Services Agreement between LCRA and GUS. Submitted By: Jim Briggs, Michael W. Mayben Assistant City Manager Energy Services Manager Utility Operations EXHIBIT EUSA PROGRAM AGREEMENT ELECTRIC UTILITY SERVICES AGREEMENT The City of Georgetown ("Customer') and the Lower Colorado River Authority ("LCRA") have entered into an Agreement for Technical Services dated November 2, 1979. The Distribution Engineering Services Program Agreement ("Program Agreement") entered into this _ day of 20_, shall become a part of said Agreement for Technical Services as Program Agreement Exhibit DES The Customer and LCRA agree as follows: SERVICE AGREEMENT SCOPE This program agreement provides for the electric utility services offered by LCRA to be utilized as needed by City in accordance with the attached schedule of services. The City will notify LCRA of the services desired and the scope of the work. LCRA will provide an estimate of time and charges or other costs involved in accordance with the attached schedule or mutually agreed upon prior to commencement to work. A letter agreement signed by both parties referring to this program agreement and outlining the scope of work, the estimate of time and charges or other charges, and the scheduled start and completion dates will serve as the document binding both LCRA and the City. CONFIDENTIAL WORK PRODUCTS Any data, models, maps, graphical products or other materials provided by Customer to LCRA for purposes of this Agreement remain the property of the Customer. All software, data, computer models, maps, graphical products and other deliverables under this Agreement developed or utilized by LCRA in the performance of this Agreement have been developed or acquired by LCRA at considerable expense, and shall be considered competitive, proprietary information belonging to LCRA. Customer agrees not to disclose or release any of the above -listed deliverables to any third party without LCRA's consent. Not withstanding the foregoing, any hard copies of the Deliverables provided to Customer by the LCRA shall be the property of the Customer. CONTRACCTERM The contract term for this Program Agreement shall be for one year as agreed by the parties on the attached Pricing sheet. The Program Agreement shall be automatically renewed at the end of each year unless terminated by either ply. TERMINATION Either party may terminate this Program by giving a ninety- (90) day notice to the other party. Termination of this Program Agreement shall not affect the Agreement for Technical Services or any other 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. LOWER COLORAOO RIVER AUTHORITY "t-Mum,ma See attached price sheet "Pricing for Electric Utility Services Agreement" The parties below have caused this Program Agreement to be executed by their authorized officials as of ,20_ LOWER COLORADO RIVER AUTHORITY CITY OF GEORGETOWN M Title: LOWER COLORADO RIVER AUTHORITY M Pricing for EUSA Page I of 5 Pricing for Electric Utility Services Agreement cpaD esc riptjiggo QQA&te Bruce Diagnostic Mobile diagnostic fleet is available with its state -of- $60 an Hour Rushing Services the -art equipment and a variety of diagnostic tests ex.6361 are performed onsite, quickly pinpointing potential and existing problems. Other diagnostic services are available at LCRA's Austin facility. Walter May Distribution The LORA has a contract with an outside contractor Contract price to ex.4512 Line (via. a competitive bidding process) to perform contractor plus Construction distribution line construction and/or re- 4% building/maintenance services for overhead or underground work. We can aggregate the needs of customers and coordinate the construction work. Inspection services are also provided. For smaller jobs, the LCRA has personnel who can construct underground installations. Walter May Distribution The LCRA has staff ormanages consultants who Engineering ex.4512 Line Design can perform a variety of engineering services related Supervision - to distribution line design including preliminary $90/hr project investigation; cost estimates, analysis and Engineer-$75/hr justification; engineering design, project Technician - management, material acquisition, and construction $2525/hr supervision for distribution line projects. The rates Staking Crew - 9 cover the hourly labor charges. City will reimburse LCRA for expenses such as transportation and other $100/hr out -of pocketexpenses. Plus expenses Walter May Distribution This is a service that identifies deficiencies that Negotiated per ex.4512 Line could result in power outages or threaten public job. Inspections safety. The inspection identifies National Electric Safety Code infractions such as: deteriorating cross arms and poles, damaged bushings and insulators, defective hardware, leaking transformers, primary/secondary clearances, inspect pad mounted transformers (bolts, locks, damage), hazardous conditions, hot spots that indicate poor connections or overloaded equipment. Current, up-to-date system maps are required. Sergio Distribution This is an on-going engineering service that provides Existing Garza ex. System initial, five-year, and long term recommendations to Contracts 4149 Studies support the electric distribution system. Includes long range planning, budget preparation, voltage drop/loss, conductor sizing, equipment loading, relay settings, breaker settings/ratings, fault analysis and fusing, power factor analysis and capacitor location recommendations. LOWER COLORADO RIVER AUTHORITY Allan Kunze Distribution The LCRA has contracts with various tree trimming Contract price to ex. 4502 Tree contractors. We aggregate the needs of customers contractor plus % Trimming and select a contractor to perform the tree trimming (averages about Services work 'Work is typically done in weekly increments 8% but may and is coordinated with the utility. Customized differ based on brochures and door hangers are printed and crew size, etc.) distributed to inform property owners of the work to be done. Martyn Environmental Environmental Program development and Negotiated per Turner Services implementation, regulatory analysis and compliance, job ex.6281 stormwater inspection, site assessments and investigations, feasibility studies, engineering design, remediation oversight and implementation, health and safety plans and support, ambient air monitoring, computer modeling, laboratory analyses and sampling, training, community relations support, waste management. Glenn Fleet Services The LCRA's transportation shop maintains, repairs, $55 an Hour Kadura and services all types of equipment from cars, boats, ex.6235 bucket and digger trucks, bulldozers, heavy haul trucks to small machinery including hydraulic systems, electrical insulated fiberglass booms and safety inspections. New truck bodies can be added to existing motors and chassis. Accident repairs are available. Tools and specialized equipment beds can be custom made for each piece of equipment. Walter May GPS Mapping This is a service where we locate the distibution Negotiated per ex.4512 of Distribution poles with global positioning coordinates and job. System inventory the equipment on the poles. We can provide the electronic data for the customer to map themselves or we can provide autocad basemaps. Larry Line The LCRA has personnel and equipment and/or Negotiated per Schaefer Construction contractors that can build high voltage electrical job ex. 6390 Services transmission lines. Based upon approved designs and drawings the group can do right-of-way clearing, gate installation, foundation drilling and assembly, concrete pouring, steel and structure erection and assembly, and wire stringing. We have a full assortment of aerial buckets, diggers, bulldozers, heavy haul equipment to transport, lift, install, test and place into service transmission lines. Fiber optics can also be installed as a part of a new line or as standalone installations. Ken Barnard Line The LCRA patrols and inspects high voltage $55 an Hour ex.6278 Maintenance transmission lines (ground, climbing and aerial); Services Overhauls lines (change poles, cross arms, x - braces, insulators, etc); Maintains lines with wood, steel or concrete components. We also wash insulators; perform hot-line work (change poles, cross arms, insulators, etc.). LOWER COLORADO RIVER AUTHORITY Fred Materials The LCRA operates and maintains a storeroom that Per bid Lamoreaux Management can provide materials for support of electric utilities. ex.6226 Convenient shopping at the "Electrical Outlet", volume purchasing arrangements, warehousing and custom billing options are available upon request. § Electrical Outlet: A variety of day-to-day goods and materials from cleaning supplies to welding supplies are available in walk through aisles § Volume Purchasing Cooperative: Specialty items such as cables, breakers, substation relay equipment, can be purchased through LCRA's long term purchase agreements with a number of reputable and reliable vendors --resulting in timely product delivery and discount pricing § IndoorlOutdoor Storage Facilities: Vehicles, heavy machinery, hardware, tools, substation and line material, and other property can be safely and conveniently stored at the central warehouse § Custom billing services: Billing can be designed to meet customers needs. For example --services and materials can be paid at the time of delivery via a credit card or invoiced with an approved Purchase Order. Material is Itemized with detailed descriptions on all invoices. Fred Protective This service provides laboratory testing of live -line Negotiated per Lamoreaux Equipment protective gloves, hot sticks and tools. The services job ex.6226 Testing are offered to the LCRA's wholesale customers, other utilities and private independent users who need protective testing. Replacement products are also available. The LCRA's lab is nationally accredited through the North American Independent Laboratories (NAIL). Our technicians are trained to conduct testing to meet specific safety standards as set out by the American Society for Testing and Materials (ASTM). Ken Barnard Right of Way Repair concrete foundations; perform emergency $40 an Hour ex.6278 Services repairs; repairAnstall gates along right-of-way; mow, shred or clear (bulldoze) right-of-way; trim trees along right-of-way; assist/manage a vegetation program;application of herbicides. Marlyn Safety The LCRA provides the following services related to Negotiated per Turner Services safety: safety meeting services, safety training, job ex.6281 safety audits, accident investigations, consulting and field visits. Fred Steel The LCRA has personnel and equipment to fabricate Per bid Lamoreaux Fabrication steel structures for transmission/distribution ex.6226 Services substations and switching stations. Services include, fabricating, galvanizing, sorting, bundling of structures, and hot shot galvanizing services, based on approved engineering drawings. LOWER COLORADO RIVER AUTHORITY Kevin Hilbig Substation The LCRA has personnel and equipment to build Per bid ex.6316 Construction electrical substations. Based upon approved Services designs and drawings, the group can do site preparation work (grading and earth work), foundation drilling and concrete pouting, steel and structure erection and assembly, assembly of equipment (such as breakers, transformers, control houses, metering devices). We have equipment to dig, trench, grade, transport, lift; install, test and place into service all substation equipment. Bil Kahanek Substation The LCRA has staff or manages consultants who Negotiated per ex. 4164 Design can perform a variety of services related to job. Services substation design including preliminary project investigation; cost estimates, analysis and justification; engineering design, project management, material acquisition, and construction supervision for substation projects. We provide or perform conceptual design documents, including project scope and electrical one line, layouts, grounding studies and designs, bill of materials, detail and section drawings. We also develop standards, procure materials and hardware, perform structural steel and foundation detailing design, perform foundation and structure loading analysis, draft fabrication type drawings, and develop environmental designs. Gene Substation LCRA's field maintenance crews maintain substation $60 an Hour Patteson Maintenanace equipment at more than 250 substations in Central ex.6364 Services Texas. Staff has extensive knowledge and experience and can help lower your maintenance costs and extend the life span of expensive substation equipment. When equipment repairs are needed, crews can quickly and effectively repair substation equipment to minimize loss of power to retail customers. Equipment and staff are available to respond immediately to any substation emergency. This group also keeps substation equipment in optimal operating condition through scheduled inspections, equipment operational checks, alarm and outage response, line patrols, and various voltage class switching. Steve Beck System These services maintain the integrity and stability of $60 an Hour ex. 6214 Control substation system controls, preventing catastrophic Services failures that can cause injuries and costly damage to substation equipment. Inspections are made of substation billing meters annually to ensure collection of accurate billing and load information. Engineers and technicians can fabricate, install, and redesign substation control equipment. During substation construction, verification that new equipment is calibrated and operating correctly is performed. LOWERCOLORADO R I VER AUTHORITY Bill Hatfield System The System Operations Control Center (SOCC) Per bid ex. 6259 Operations offers customers a variety services to monitor, control, switch, and dispatch personnel to respond to substation and line events. In addition to these services, SOCC also provides transmission switch training. David Transmission The LCRA has staff or manages consultants who Negotiated per Turner ex. Line Design can perform a variety of services related to job. 4563 Services transmission line design including preliminary project investigation; cost estimates, analysis and justification; engineering design, project management, material acquisition, and construction supervision for transmission line projects. We also perform structural steel and foundation detailing design, perform foundation and structure loading analysis, draft fabrication type drawings, and develop environmental designs. Accepted: Customer Signature Printed Name Title Date LOWER COLORADO RIVER AUTHORITY EXHIBIT MAT PROGRAM AGREEMENT MATERIAL ACQUISITION SERVICES The ("Customer") and the Lower Colorado River Authority ("LCRA') have entered into an Agreement for Technical Services dated The purpose of this new Program Agreement is to allow the of the Material Alliance of LCRA. CONTRACT SCOPE: to receive the benefits 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 the program is beneficial to the participants. 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 inventory. 8. The Vendor agrees to maintain a stock of material for emergencies to be delivered to the customer within 48 hours. 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 Council Meeting Date: December 16,2003 AGENDA ITEM COVER SHEET Item No. i SUBJECT: Council consideration and approval of payment to LCRA for installation and wiring of substation breaker panels within the LORA owned substations to allow for integration with Georgetown Utility Systems Electric Distribution and SCADA System. ITEM SUMMARY: Georgetown Utility Systems Electric is in the last stage of the process as outlined in the 2000/2001 Capital Improvement Projects of replacing the Substation breakers originally installed in the Glasscock and Chief Brady Substations. This project is necessary due to the unavailability of spare parts for this equipment and the higher fault current limits than this equipment was designed to handle. The LCRA assists Georgetown Utility Systems with maintenance of this equipment and has informed Energy Services that as replacement parts are required it has become difficult to find suppliers for this vintage of equipment and that some parts have actually been fabricated in the LCRA shop. SPECIAL CONSIDERATIONS: NONE GUS BOARD RECOMMENDATION: GUS Board recommends approval to Council at its December 16, 2003 meeting. STAFF RECOMMENDATION: Staff recommends approval of the Transmission Services Agreement bewteen LCRA and GUS. FINANCIAL IMPACT: Funds in the amount of $70,000.00 are to be paid from the electric capital improvement project accounts. COMMENTS This will complete the Substation equipment upgrade project that started in the 2000/2001 CIP. ATTACHMENTS: Scope of work from LCRA for Breaker panels and associated wiring in Glasscock and Chief Brady Substations A . /i .I ty Manager Energy Services