HomeMy WebLinkAboutAgenda CC 10.28.20031
Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
Tuesday, October 28, 2003
The Georgetown City Council will meet on Tuesday, October 28, 2003 at 04:00:00 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
- Thomas L. Suarez, Jr. vs. city of Georgetown, Texas, City of Georgetown Police Department, Georgetown Police Sgt.
Kelly Devoll, Georgetown Police Officer Jack Lacey, Matt Painter, Brian Grubbs, Cause No. 03-113-C368 in the 368th
Judicial District Court of Williamson County, Texas
- Matthew Painter and Brian Grubbs, Plaintiffs v. David Morgan, Individually and in his Official Capacity as Chief of
Police of the Georgetown Police Department; Robert Hernandez, Individually and in his Oficial Capacity as Captain of
the Georgetown Police Department; Gary Todd Terbush, Individually and in his Official Capacity as Lieutenant of the
Georgetown Police Department; Georgetown Police Department; and the City of Georgetown, Defendants, Cause No.
A03-CA-014JN, In the United States District Court for the Western District of Texas, Austin Division.
- Legal Advice Regarding Agenda Items and other Matters
B Sec.551.086 competitive matters
- Consideration and possible action related to future generation resource plans for portions of the City of
Georgetown electric load as requested by the Lower Colorado River Authority (LCRA) -- Michael W.
Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
C Sec. 551.072 deliberation on real property
- Discussion and possible action regarding acquisition of property for downtown parking
Regular 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 Housing Authority
- One alternate position on the Planning and Zoning Commission
G Announcements and Comments from City Manager
City Council Agenda/October 28, 2003
Page 1 of 4 Pages
Kmi
Public Wishing to Address Council
Wayne McKee of Pedernales Electric Cooperative (PEC) to update customers on recent PEC
activities.
Jack Hunnicutt regarding a favorable report on a state grant received by the Community Clinic.
Keith Peshak regarding taxes charged to renters of Airport hangars.
Larry W. Hathorn of Hathorn Realty Advisors, Inc. or Tony Sisk of Churchill Residential regarding a
request for letters of support for a Georgetown Seniors Apartment Community
Action from Executive Session
Statutory Consent Agenda
The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with
one single vote. A councilmember may pull any item from the Consent Agenda in order that the council
discuss and act upon it individually as part of the Regular Agenda.
J Consideration and possible action to approve the minutes of the Council Workshop on Monday, October
13, and the Regular Council Meeting on Tuesday, October 14, 2003 -- Sandra Lee, City Secretary
K Consideration and possible action to accept a grant of $3,600.00 from the Texas Commission on Fire
Protection — Anthony Lincoln, Fire Chief
L Consideration and possible action regarding the recommendation by the Convention and Visitors' Bureau
Board for the approval of an allocation of $500 to the Downtown Georgetown Association in Hotel
Occupancy Tax (HOT) funds — Kent Huntsman, Chair of the Convention and Visitors Bureau Board and
Shannon Baldridge, Tourism Director and Main Street Manager
M Consideration and possible action authorizing payment of the City's pro -rata portion of the cost of
operation of the Williamson County Appraisal District-- Mick! Rundell, Director of Finance and
Administration
N Consideration and possible action to cast the City of Georgetown's 60 votes to elect Harry Gibbs as a
Director of the Williamson County Appraisal District-- Paul Brandenburg, City Manager
0 Consideration and possible action regarding a resolution of support for the application from the
Georgetown Community Clinic for federal funding -- Mayor Gary Nelon
P Consideration and possible action to authorize the purchase of contract services for network servers,
storage, support, software, security, and data communications in the amount of $20,000 to the The Harding
Group — Dennis Schoenborn, Director of Information Technology
Q Consideration and possible action to authorize the purchase of Novell Support from Software House
International (SHI) through the State of Texas catalogue in the amount of $23,000 — Dennis Schoenborn,
Director of Information Technology
R Consideration and possible action to authorize vendor expenditure limit of not to exceed $40,000 for
network cabling services from CoCom -- Dennis Schoenborn, Director of Information Technology
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
S Consideration and possible action regarding approval for an increase for the IP telephone system
expenditure with Verizon Communications -- Dennis Schoenborn, Director of Information Technology
T Discussion and possible action to direct staff to apply for the CAPCO Regional Solid Waste Grant
City Council Agenda/October 28, 2003
Page 2 of 4 Pages
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Program to expand services, including recycling, at the Georgetown Collection Station — Micki Rundell,
Director Finance and Administration
Consideration and possible action regarding a resolution expressing support of Williamson County's
submission of a grant application with CAPCO for a regional recycling facility — Micki Rundell, Director
Finance and Administration and Tom Yantis, Assistant City Manager
V Consideration and possible action regarding a resolution expressing official Intent to reimburse costs of
fleet capital replacement not to exceed $500,000 with proceeds from bonds that will be issued at a later
time — Micki Rundell, Director of Finance and Administration
W Second Readings
1. Second Reading of an ordinance amending Chapter 12.24 of the Code of Ordinances, relating to
parades and processions, to be titled "Events and Celebrations" — Tom Leggitt, Fire Marshal and
Anthony Lincoln, Fire Chief
2. Second Reading of an ordinance for a Century Plan Amendment for 307.848 acres out of the
Isaac Donegan Survey and the Joseph Thompson Survey, from the existing Intensity Level 1 to
Intensity Level 3, located at 2951 SH 29 West, 2.5 miles West of IH35 — Ed Polasek, Chief Long
Range Planner and Amelia Sondgeroth, Director of Planning and Development Services
3. Second Reading of an ordinance providing for the annexation into the of City 9.88 acres, more or
less, in the Joseph Thompson Survey, located 100 feet north of and parallel to the
approximate center line of the South Fork of the San Gabriel River — Ed Polasek, Chief Long
Range Planner and Amelia Sondgeroth, Director of Planning and Development Services
4. Second Reading of an ordinance providing for the annexation into the of City 308.06 acres, more
or less, in the Joseph Thompson Survey, Abstract 608, located at 2951 SH 29 West, 2.5 miles
West of IH35 — Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of
Planning and Development Services
5. Second Reading of an ordinance providing for the annexation into the City of 0.484 acres, more
or less, in the Clement Stubblefield Survey, located .49 miles southwest corner of the
Intersection of IH 35 and State Highway 29 — Ed Polasek, Chief Long Range Planner and
Amelia Sondgeroth, Director of Planning and Development Services
6. Second Reading of an ordinance providing for the annexation into the City of 90.141 acres, more
or less, in the Burrell Eaves Survey, located .40 miles north of the intersection of Texas Avenue
and Sun City Boulevard, for Sun City Neighborhood 25 and 26— Ed Polasek, Chief Long Range
Planner and Amelia Sondgeroth, Director of Planning and Development Services
7. Second Reading of an ordinance providing for the for the annexation into the City of 50.381 acres,
more or less, in the Joseph Fish Survey, Abstract 232, located 0.6 miles east of the intersection
of Shell Road and Williams Drive — Ed Polasek, Chief Long Range Planner and Amelia
Sondgeroth, Director of Planning and Development Services
X Consideration and possible action on a Reinstatement of Public Review Final Plat of 31.31 acres in the
William Roberts, Joseph Fish and Leroy Lord Surveys, to be known as Georgetown Village Section Six,
located off Village Commons Blvd. — Cada Benton, Development Planner and Amelia Sondgeroth, Director
of Planning and Development Services
Y Consideration and possible action on a Preliminary Plat of 62.0048 acres in the Isaac Donegan Survey to
be known as Estancia Subdivision, located on SH 29 West -- Carla Benton, Development Planner and
Amelia Sondgeroth, Director of Planning and Development Services
Z Consideration and possible action on a Preliminary Plat of 100.00 acres in the William Addition Survey to
be known as Pinnacle Subdivision, located South of the Inner Loop and east of the Future extension of
Maple Street — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and
Development Services
AA Consideration and possible action on a Public Hearing for a Detailed Development Plan for Lot 3-A of
City Council Agenda/October 28, 2003
Page 3 of 4 Pages
F'-
Eckerd's at Cedar Breaks Amended Plat of Lots 3 and 6, located on the comer of Williams Drive and
Cedar Breaks Road, with variances to the Subdivision Regulations — Melissa McCollum, Development
Planner, and Amelia Sondgeroth, Director of Planning and Development Services
BB Consideration and possible action to allocate Council Contingency Funds not to exceed $10,000 to have
Mr. Randall Arendt, lead a design and demonstration workshop for landowners, developers, engineers,
Planning and Zoning and Council on the topic of Conservation Design for Subdivisions --
Councilmember Farley Snell
CC Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC)
1. Consideration and possible action to approve a contract with Steger and Bizzell Engineering, Inc.,
to provide engineering services to the City of Georgetown for design of a road connecting the
Georgetown Inner Loop NE with Industrial Park Circle — Mark Miller, Transportation Services
Manager and Jim Briggs, Assistant City Manager for Utility Operations
2. Consideration and possible action to award a contract to H. Deck Construction Company for the
installation of sidewalks identified as Phase One in the HDR Sidewalk Study, in the amount of
$376,128.00 and a project budget of $464,800.00 — Mark Miller, Transportation Services Manager
and Jim Briggs, Assistant City Manager for Utility Operations
DD Forwarded from the Georgetown Utility Systems Board (GUS)
1. Consideration and possible action to enter into a contract with the Brazos River Authority
(BRA) for a period starting October 31, 2003 through September 30, 2008 with the first year
operating budget of $910,000 — Glenn Dishong, Water Services Manager and Jim Briggs,
Assistant City Manager for Utility Operations
2. Consideration and possible action to approve continuation of the second phase of the GSW W
Edwards Aquifer Program testing and to approve the annual budget of $180,000.00 — Glenn
Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
3. Consideration and possible action to approve the purchase of BIoxIde chemicals from U.S.
Filter/Davis Process products, of Sarasota, Florida, in an amount not to exceed $75,000.00 —
Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility
Operations
4. Consideration and possible action to award the annual bid for water meters and accessories to
National Waterworks ($253,000.00) — Glenn Dishong, Water Services Manager and Jim Briggs,
Assistant City Manager for Utility Operations
5. Consideration and possible action to approve a contract amendment between the City of
Georgetown and Roming, Parker & Kasberg, L.L.P., for professional services related to the design
of Phase 1 EARZ remediation in the amount of $109,000.00 — Glenn Dishong, Water Services
Manager and Jim Briggs, Assistant City Manager for Utility Operations
6. Consideration and possible action to amend the General Services Agreement between the City of
Georgetown and Camp, Dresser & McKee (CDM) for engineering services related to the design of
the off-site wastewater improvements for the Wolf Ranch Project — Glenn Dishong, Water
Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
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.
Sandra Lee, City Secretary
City Council Agenda/October 28, 2003
Page 4 of 4 Pages
i
Council Meeting Date: October 28, 2003 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Discussion and possible action to approve a contract with Steger &
Bizzell Engineering, Inc. to provide engineering services to the City of
Georgetown for design of a road connecting the Georgetown Inner Loop NE
with Industrial Park Circle.
ITEM SUMMARY:
Williamson County Road and Bridge has hired Steger & Bizzell
Engineering Inc., to provide professional engineering services related
to the Georgetown Inner Loop road section between County Road 151 and
Business IH -35 at the Lakeway overpass.
As part of this project, the County has agreed to construct the roadway,
if the City of Georgetown purchases the right-of-way accessing IH -35.
Negotiations with TxDOT to access Business IH -35 required the service
road to become one-way starting at the intersection. This would have a
serious negative impact on the Industrial Park businesses. TxDOT agreed
to give the City additional time to build an alternate entrance into the
Industrial Park. The route was shown on the Area Study performed by CP&Y
Engineering in 2002. Staff considers it to bein the best interest of all
of the parties to coordinate the purchase of the right-of-way and
engineering and construction of the roads required for this project.
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT:
Compensation.
$20,000.
for these professional services will not exceed
GTEC BOARD RECOMMENDATION:
GTEC Board approved the contract with Steger and Bizzell at their
October 15, 2003 meeting. Approved 7-0.
STAFF RECOMMENDATION:
Staff recommends approval of the contract with Steger and Bizzell
for an amount not to exceed $20,000.00
COMMENTS:
NONE
ATTACHMENTS:
Proposed contrac
tted By:im Briggs, // Mark Miller, Tra
Assistant City Manager Services Manager
for Utility Operations
THE STATE OF TEXAS §
AGREEMENT BETWEEN CITY OF
§
GEORGETOWN AND
COUNTY OF WILLIAMSON §
STEGER & BIZZELL ENGINEERING
CITY OF GEORGETOWN §
FOR PROFESSIONAL SERVICES
This is an agreement by and between the CITY OF GEORGETOWN, a Texas
Home Rule Municipal Corporation, ("CITY"), and Steger & Bizzell Engineering, Inc.
("ENGINEER"), whereby ENGINEER agrees to perform professional services and CITY
agrees to pay for the services provided.
ARTICLE I -- PROJECT DEFINED
1.01 The PROJECT is generally described as the professional services required
by the CITY for the planning, development, design and construction of Street and Drainage
Improvements to connect proposed Inner Loop to Industrial Boulevard. ENGINEER will
provide engineering consultation and surveying services in connection with the PROJECT.
The scope of professional services required to be completed as a part of this agreement
are more fully detailed in the attached "Exhibit A".
ARTICLE II -- INITIATION OF WORK
2.01 CITY shall direct ENGINEER to commence work on the PROJECT by
sending to ENGINEER a "letter of authorization" to begin work on the implementation of
the agreement.
2.02 Upon receipt of authorization to commence planning ENGINEER shall meet
with CITY for the purpose of determining the nature of the PROJECT. CITY shall
designate a representative to act as the contact person on behalf of the CITY.
2.03 ENGINEER shall determine CITY'S needs with regard to the PROJECT
including, but not limited to, site evaluation, needs surveys, comparisons with other
municipal projects, review of budgetary constraints and other preliminary investigations
necessary for the PROJECT.
2.04. ENGINEER shall prepare a preliminary design which shall include schematic
layouts, surveys, sketches and exhibits demonstrating the considerations involved in the
PROJECT. Additionally ENGINEER shall prepare a report to CITY specifying his findings
and conclusions with regard to the PROJECT. ENGINEER shall upon CITY'S request
meet with the staff and City Council to make a presentation of his report. The preliminary
design report shall be delivered to the CITY not later than fifteen (15) calendar days after
the date of authorization to commence planning.
2.05 ENGINEER shall inquire in writing as to the information he believes CITY
may have in its possession that is necessary for ENGINEER'S performance. CITY shall
provide the information within its possession that it can make available to ENGINEER.
Steger & Bizzell Engineering Contract
Innedoop NE
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ARTICLE III -- PRELIMINARY ENGINEERING PHASE
3.01 CITY shall direct ENGINEER to commence work on the PROJECT design
by sending to ENGINEER a 'letter of authorization" to begin work on the PROJECT design
pursuant to this agreement.
3.02 Upon receipt of authorization to commence preliminary PROJECT design
ENGINEER shall meet with CITY for the purpose of determining the extent of the
PROJECT.
3.03 ENGINEER shall design the PROJECT providing the initial design of the
PROJECT including, but not limited to, the preliminary drawings and specifications.
ENGINEER shall make a cost determination with regard to the PROJECT and shall submit
it to CITY. ENGINEER shall submit preliminary design for CITY'S review within fifteen (15)
calendar days after receipt of the Letter of Authorization to commence preliminary
PROJECT design.
3.04 Upon completion of the preliminary design of the PROJECT, ENGINEER
shall so notify CITY. Upon request ENGINEER shall meet with the CITY staff and CITY
Council to make a presentation of his preliminary design of the PROJECT. ENGINEER
shall provide an explanation of the cost estimate.
ARTICLE IV -- FINAL DESIGN PHASE
4.01 CITY shall direct ENGINEER to commence work on the final design of the
PROJECT by sending to ENGINEER a 'letter of authorization " to begin work on the final
design phase of the agreement.
4.02 Upon receipt of authorization to proceed with final design of the PROJECT,
ENGINEER shall immediately prepare the final design including, but not limited to, the bid
documents, contract, drawings, and specifications. ENGINEER shall assemble the
agreement documents using CITY'S pre -approved form contract for the contract between
CITY and contractor. The agreement documents shall include the design and
specifications and other changes as required to fulfill the purpose of the PROJECT. CITY
shall designate a representative to act as the contact person on behalf of CITY.
4.03 ENGINEER shall provide CITY with complete agreement documents
sufficient to be advertised for bids by CITY. Upon completion of the final design of the
PROJECT with the submission of the complete agreement 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. ENGINEER shall submit the final design to CITY not later than ninety (90)
calendar days after the date of the Letter of Authorization to proceed with final design.
Steger & Bizzell Engineering Contract
Innerloop NE
Page 2 of 12
ARTICLE V -- BIDDING PHASE
5.01 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.
5.02 ENGINEER shall review the contractors' bids including subcontractors,
suppliers, and other persons required for the completion of the agreement and if requested
give his professional opinion of each.
5.03 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.
5.04 Where substitutions are requested by a contractor, ENGINEER shall review
the substitution required and make recommendations for approval of disapproval of such
substitutions.
ARTICLE VI -- CONSTRUCTION PHASE
6.01 ENGINEER shall consult with CITY and act as its representative.
6.02 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 his subcontractors, and to determine if such work is proceeding in general accordance
with the contract documents.
6.03 ENGINEER shall keep CITY informed of the progress of the work, shall
endeavor to guard CITY against defects and deficiencies in such work, and may
disapprove or reject work failing to conform with the agreement documents.
6.04 ENGINEER shall review and approve shop drawings and samples, the results
of tests and inspections, and other data which each contractor is required to provide.
6.05 E NGI NEER shall determine the acceptability of substitute materials and
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 agreement documents.
6.06 ENGINEER shall issue all instructions of CITY to contractor as well as
interpretations and clarifications of the agreement documents pertaining to the
performance of the work.
Steger & Bizzell Engineering Contract
Innerloop NE
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6.07 Based upon ENGINEER'S on-site observations and as an experienced and
qualified design professional, and upon his review of applications of payment and the
accompanying data and schedules, ENGINEER shall review the amounts owing to the
contractor and recommend in writing payments 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 the work and that
quality of such work is in accordance with the agreement documents as ENGINEER has
observed.
6.08 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 which shall be
completed prior to final acceptance.
6.09 Upon notification by contractor that the items designated for completion have
been completed, ENGINEER shall inspect the PROJECT to verify final completion.
6.10 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.
6.11 ENGINEER shall conduct at least one inspection during the warranty period
and shall report to CITY as to the continued acceptability of the work.
6.12 ENGINEER shall not execute change orders on behalf of CITY or otherwise
alter the financial scope of the PROJECT without the authorization of CITY.
ARTICLE VII -- COMPENSATION
7.01 CITY agrees to pay ENGINEER for all professional services rendered under
this agreement. ENGINEER shall be paid a fee not to exceed TWENTY -THOUSAND AND
NO/100 DOLLARS ($20,000.00) based on the rates of compensation as evidenced in the
attached "Exhibit B". On or before the 30th day of each month, the 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 the
ENGINEER'S estimate of the percentage of completion as approved by the CITY, up to
and including the last day of the preceding month. CITY shall then pay ENGINEER on or
before the 10th day of the following month the total amount of the statement as approved
by CITY. ENGINEER shall submit requests for payment based on work performed. In no
event shall CITY pay for services not yet performed. Total cost of consulting services shall
not exceed TWENTY -THOUSAND AND NO/100 DOLLARS ($20,000.00).
Steger & Bizzell Engineering Contract
Innedoop NE
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ARTICLE VIII — WARRANTY
8.01 ENGINEER warrants the information provided, 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.
ARTICLE IX -- INDEMNIFICATION
ENGINEER whose work product is the subject of this contract for engineering
services agrees to INDEMNIFY AND HOLD CITY, ITS ELECTED OFFICIALS,
OFFICERS 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 OF ENGINEER, ANY AGENT, 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 Contract. 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 FOUND JOINTLY
LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL 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.
ENGINEER shall promptly advise the CITY, in writing, of any claim or demand
against the CITY or ENGINEER known to ENGINEER related to or arising out of
ENGINEER's activities under this contract.
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.
Steger & Bizzell Engineering Contract
Innedoop NE
Page 5 of 12
ARTICLE X -- LIQUIDATED DAMAGES
10.01 It is hereby understood and mutually agreed by and between the ENGINEER
and the CITY that the dates of commencement and completion of the Work required herein
are essential conditions of this Agreement.
10.02 If ENGINEER should neglect, fail, or refuse to meet the deadlines set in
this Agreement, or cause the City to fail to meet any of those deadlines, then the
ENGINEER does hereby agree as part of the consideration for the awarding of this
contract, that the CITY may withhold permanently from ENGINEER's total compensation
the sum of Two Hundred Dollars ($200.00) for each and every calendar day that the
ENGINEER shall be in default after the time stipulated for reaching the deadlines
established in this Agreement, not as a penalty, but as liquidated damages for the breach
of the Agreement. The deadlines will be automatically extended due to delays in
completion of the work under this contract for any and all events that delay the completion
of contract tasks and are beyond the control of ENGINEER. Some examples of such
delays are:
- incomplete acquisition of property and easements
- weather-related delays
- approval of reports and permits from governmental entities
- requests, written or oral, from owner to delay the project for any reason
- design changes from original design concept
10.03 It is expressly understood and agreed by and between the ENGINEER and
CITY that the times for the completion of the Work described herein is a reasonable time
for the completion of the same.
10.04 The amount of liquidated damages is fixed and agreed on by and between
the ENGINEER and CITY because of the impracticability and extreme difficulty in fixing
and ascertaining actual damages the CITY would, in such an event, sustain, and the
amount is agreed to be damages the CITY would sustain and shall be retained by the CITY
from current periodic estimates for payment of from final payment.
ARTICLE XI -- INSURANCE
11.01 ENGINEER shall procure and maintain at his sole cost and expense for the
duration of the agreement insurance 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, his agents, representatives, volunteers, employees or subcontractors.
11.02 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.
Steger & Bizzell Engineering Contract
Innerloop NE
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11.03 The ENGINEER shall include all subcontractors as additional insured under
his 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.
11.04 Certificates of Insurance and endorsements shall be furnished to the CITY
and approved by the CITY before work commences. All Certificates of Insurance shall
meet the following requirements. 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.
2. The insurances set forth by the insurance company are underwritten
on forms which have been approved by the Texas State Board of
Insurance or ISO.
3. Sets forth all endorsements and insurance coverage according to
requirements and instructions contained herein.
4. Shall specifically set forth the notice of cancellation, termination, or
change in coverage provisions to the City of Georgetown.
In addition, the Certificates of Insurance shall state any original endorsements affecting
coverage required by this section.
11.05 The following standard insurance policies shall be required:
1. General Liability Policy
2. Automobile Liability Policy
3. Workers Compensation Policy
4. Professional Liability Policy
11.06 The following general requirements are applicable to all policies:
A. 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.
B. Only insurance carriers licensed and admitted to do business in the
State of Texas will be accepted.
C. Deductibles shall be listed on the Certificate of Insurance and are
acceptable only on a per occurrence basis for property damage only. A
Steger & Bizzell Engineering Contract
Innedoop NE
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deductible is acceptable for Professional Liability and the deductible limits
shall not exceed FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00).
D. Claims Made Policies will not be accepted, except for Professional
Liability Insurance.
E. The CITY of Georgetown, its officials, employees, and volunteers, are
to be added as "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.
F. A Waiver of Subrogation in favor of the CITY of Georgetown with
respect to Worker's Compensation insurance must be included.
G. 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 of Georgetown.
H. Upon request, certified copies of all insurance policies shall be
furnished to the CITY of Georgetown.
11.07 The following Commercial General Liability will be required:
A. Minimum combined Single Limit of $600,000.00 per occurrence for
Bodily Injury and Property Damage.
B. Coverage shall be at least as broad as Insurance Service's Office
form number CG 00 01.
C. No coverage shall be deleted from the standard policy without
notification of individual exclusions being attached for review and
acceptance.
11.08 The following Automobile Liability will be required:
A. Minimum Combined Single Limit of $600,000.00 per occurrence for
Bodily Injury and Property Damage.
B. The Business Auto Policy must show Symbol 1 in the Covered Autos
Portion of the liability section in Item 2 of the declarations page.
Steger & Bizzell Engineering Contract
Innerloop NE
Page 8 of 12
11.09 The following Professional Liability will be required:
A. Minimum of $1,000,000.00 per occurrence and $1,000,000.00
aggregate.
B. Coverage must be maintained for two (2) years after the termination
of this agreement.
11.10 The following Workers' Compensation will be required:
A. Employers Liability limits of $100,000.00 for each accident is required.
B. Texas Waiver of Our Right to Recover From Others Endorsements,
W 42 03 04 shall be included in this policy.
C. 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 XII -- NON -ASSIGNMENT CLAUSE
12.01 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
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.
12.02 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 XIII -- MISCELLANEOUS CLAUSES
13.01 Termination for convenience. CITY may at any time terminate the
PROJECT for convenience. At such time CITY shall notify ENGINEER who shall cease
work immediately. ENGINEER shall be compensated for the services performed.
13.02 Governing Law. This agreement has been made under and shall be
governed by the laws of the State of Texas. The parties agree that performance and all
matters related thereto shall be in Williamson County, Texas.
Steger & Bizzell Engineering Contract
Innerloop NE
Page 9 of 12
13.03 Notices. All notices, requests or other communications required or permitted
by this agreement shall be in writing and shall be sent by (i) telecopy, with the original
delivered by hand or overnight carrier, (ii) by overnight courier or hand delivery, or (iii)
certified mail, postage prepaid, return receipt requested, and addressed to the parties at
the following addresses:
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
Attn: City Manager
City Attorney
Fax: (512)930-3622
ENGINEER:
Steger & Bizzell Engineering, Inc.
1978 South Austin Avenue
Georgetown, Texas 78626
Attn: Perry Steger
Phone: (512)930-9412
email: perry.steger@stegerbizzell.com
Addresses and telecopy numbers for notices required under this agreement may be
modified as needed by giving notice as required in this paragraph.
13.04 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.
13.05 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.
13.06 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.
13.07 No Oral Modification/Complete Agreement. 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.
13.08 Waiver. No waiver by either party hereto of any term or condition of this
agreement shall be deemed or construed to be a waiver of any other term or condition or
subsequent waiver of the same term or condition.
Steger & Bizzell Engineering Contract
Innedoop NE
Page 10 of 12
13.09 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.
13.10 Exhibits. All exhibits attached to this agreement are incorporated by
reference and expressly made part of this agreement as if copied verbatim.
13.11 Severability. In case 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 inability to enforce shall not affect any provision
thereof, and this agreement shall be considered as if such invalid, illegal, or unenforceable
provision had never been contained in this agreement.
13.12 Heirs, successors and assigns bound. The CITY and ENGINEER and
their heirs, successors, executors, administrators, and assigns are hereby bound to the
terms and conditions of this agreement.
13.13 Signatures warranted. The signatories to this agreement represent and
warrant that they have the authority to execute this agreement on behalf of the CITY and
, respectively.
Executed this day of 12003.
CITY OF GEORGETOWN ENGINEER
By: By:
Gary Nelon, Mayor Perry C. Steger, V.P.
Attest: Attest:
Sandra D. Lee, City Secretary Name:
Corporate Secretary
Approved as to form: Approved as to form:
Patricia E. Carls, Brown & Carls, LLP Name:
City Attorney Corporate Counsel
Steger & Bizzell Engineering Contract
Innerloop NE
Page 11 of 12
STATE OF TEXAS
CORPORATE ACKNOWLEDGMENT
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this day of
, by Gary Nelon in his capacity as Mayor of the City of Georgetown, a Texas
home -rule municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
STATE OF TEXAS
CORPORATE ACKNOWLEDGMENT
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this day of
2003, by Perry C. Steger, in his capacity as Vice President of Steger & Bizzell Engineering,
Inc., a Texas corporation, on behalf said corporation.
Notary Public, State of Texas
Steger & Bizzell Engineering Contract
Innerloop NE
Page 12 of 12
-r
Council Meeting Date: October 28, 2003 Item No. c e -�
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to award a contract to H. Deck
Construction Company for the installation of sidewalks identified as
Phase One in the HDR Sidewalk Study, in the amount of $376,128.00 and a
project budget of $464,800.00
ITEM SUMMARY:
Bids were taken on Wednesday, October 15, 2003 for the Phase One
Sidewalk improvements. The low bid of $376,128.00 was from H. Deck
Construction Company. The project includes the construction of all
sidewalks shown on Phase One with the exception of a portion on Buffalo
Springs that was deleted because of driveway replacement costs and a
portion of Parkway Drive that was deleted to make funds available to meet
a Texas Parks and Wildlife Grant. $464,800.00 remains after Engineering
was taken out of the original $500.000.00 budgeted for Phase One
Sidewalks. A change order for approximately $70,000.00 will be necessary
to complete the sidewalk/Trail installation on Spring Valley Road and
North Cross drive that was agreed to be constructed as a fund match on
a Texas Parks and Wildlife grant. After the low bid is subtracted from
the budget $18,672.00 for contingencies.
Staff along with Roming,Parker & Kasberg,L.L.P Engineers recommend
the contract to be awarded to H.Deck Construction Company for the Bid
amount of $376,128.00. Staff also recommends approval of a total project
budget of 464,800.00 to cover the Parks Grant Match and Contingencies.
SPECIAL CONSIDERATIONS:
None
FINANCIAL IMPACT:
Funds in the amount of $464,800.00 are to be paid from GTEC account
number: 400-101-6000-P1
COMMENTS:
None.
ATTACHMENTS:
1. Award recommendation
2. Bid Tabulat' n
obthz nt'et�vo &tk-'
Submitted By Jim BAgg Mark Miller,
Assistant City Manager Transportation
for Utilities Services Manager
ROMING, PARKER & KASBERG, L.L.P.
CONSULTING ENGINEERS
one South Main
Temple, Texas 76501 (254) 773-3731 Fax (254) 773-6667 mail®rpkengineers.com
WM. MACK PARKER, P.E.
RICK N. KASBERG, P.E.
R. DAVID PATRICK, P.E.
October 15, 2003
Mr. Joel Weaver
CIP Coordinator
City of Georgetown
300 Industrial Avenue
Georgetown, Texas 78626
Re: City of Georgetown
Sidewalk Improvements Phase I
Georgetown, Texas
Dear Mr. Weaver:
W. CLAY ROMING, P.E.
Partner Emeritus
Attached are the Bid Tabulation Sheets for the bids received at 9:00 AM on Wednesday,
October 15, 2003 for the above referenced project.
There were eight (8) bids received for this project as shown on the attached tabulation sheets. After
tabulation of the bids, we have concluded that H. Deck Construction Company is the low
conforming bidder with a total bid of $ 376,128.00. Our construction estimate for this project was
$ 400,000 and the City of Georgetown's budget was $ 500,000.
We have reviewed the current workload and construction history of H. Deck Construction Company
as well as checked the references and received a statement of availability and bonding capacity.
H. Deck Construction Company has completed several projects for the City of Georgetown in the
recent past. They have demonstrated the ability to complete a project within the contract timeframe
while providing a quality product. As a result of our findings, we recommend that a contract be
awarded to H. Deck Construction Company for the total bid in the amount of $376,128.00. If you
have questions, please call.
Sincerely,
,-0010r44 /G0—
R. David Patrick, P.E.
RDP/rdp
2002-120-40
CITY OF GEORGETOWN
SIDF,WAI,R IMPROVEMENTS PHASE]
September 16, 21103 9:00 am
300 Industrial Arenoe Georeetown, Teva 78626
BID1 T10N
H. Dock Construction Co.I Chasco Contracting I Catcus Concrete
1601 Oxford Blvd. P.O. Bok 1057 1804 B Oak 11111 Ln.
RrmM Rwk T.xac 7X664 Rm,M Rah Lxm 79"0 a... n., T.... 721aa
)2-00-40 0-40 '
tyco Core Iuctlon Co.
12819 Dessau Road
f
Unit
Bid Dma
Descntion
Unit
Price
ErteMed
Amoum
Unit
Pri a
Enended
Atoust
Unit
Price
Errended
Amount
Unit Eu ded
Price AmountD
00%
LS
Mobilization, Bonds ant insurance f
20 000.00 S
20000. S
24,000.0 S
24,000. f
26,001).00 f
26.00000 S
71930.00f
71,93000
00%
LS
Pehstrian &Vehicular Tnlfc Coord Plan. Usilizin TnDOT $tandBrd Detils & TMUTCD
2000.00
2 000.
3 000.00
3 000.
500.00
50000
3 640.00
3 640,00
rEoitnm
00%
LS
Barricades & Traffic Caurol Plv I lementation
2 000.00
2,000.00
14 000.00
14 000.
IS 000.00
15.000. W
11 900.00
11 900.
9 800
LF
-inch Thick, 5 -fad Wide Concrete Sidewalk w/resaddin & rave eosin Disturbed Am
9.25
183,150.00
13.75
272 250.
17.10
338,58000
13.90
275,220.
60
LF
-inch Thick, 4 -foot Wide Corcrem Sidewalk w/m-soddin & rave eoti Disturbed Am
7.40
444.00
11.00
660.
17.50
1,050.101
13.00
780.0040
LF
w Currin Existin As t
3.00
120.0
4.00
160.
4.00
16000
111
424.00
50
LF
wCmin Existin Concrete
5.00
250.00
3.50
275.
4.00
200.00
12.30
615.ODI
a
70
SY
Removingand Re Iacin ExistingAsphalt Drivewa
25.00
1,750.00
100.00
7000.00
30.00
2,100.00
35.60d31360.00
.
9
400
SY
Removin and Replacing ExistingConcrete Drivewa
36.00
10 400.
75.00
30000.
65.00
26 000.
66.80.
10
2
EA
Adjust ExistingAsphalt Drivewayto 2% SI
500.00
1,000.00
650.00
1.300.
1,350.00
2,700.
630.00.00
11
11
SY
Remove Existin Gravel Drivewa & Replace with Concrete Driveway
29.00
319.00
50.00
550.00
45.00
495.
45.00.
12
20
SY
Remove Exist Asphalt Drivewa and Replace with Concrete Drivewa
36.00
720.00
72.01)
1,440.00
55.00
1,IW.00
73.00.
13
2
EA
10-rde Precast Curb Imes
3,000.00
6,000.00
3.400.00
6.800.00
21501D.00
5,000.00
4,390..
14
19
LF
24 -Inch Reinforced Concrete Pi
50.00
950.00
90.00
1,710.001
50.0D
950.00
56.60.
IS
IS
LF
Dual 30 -inch Reinforced Concrete Pi Extensions with SI End Treatment
100.00
1,500.00
430.00
6.450.001
125.0
1,875.00
280.00.00
16
60
CY
Furnish Install and Compact Select Backfill
50.00
3,000.00
30.00
1.110D.001
30.00
1,800.00
22.00.
17
56
EA
Furnish & Install 7 I HandicapR as Detailed on Sheets 2 & 5 or the Construction Plans
800.00
44,800.00
400.00
22.40D.001
450.00
25,200.00
560.000018
I
EA
Furnish & Install T 2 Hadlka R as Detailed on Sh ns 2 & 5 of 0e Cdutruction Plans
1,300.00
1 300.
$00.00
500.
750.00
75000
650.00
19
1
EA
Furnish & Install Tm 3 Handicap Ramp as Detailed on Sheet 3 & 5 of the Plans
650.001
650.00
575.00
575.ODI
1000.00
1,000. W
590.00
590.00
20
1
EA
Furnish & Install Tf,w 5 Handicap as Detailed on Sheet 3 or the Plans
1,150.
1.150.00
1000.00
1.000.001
1,500.00
1,500.00
1,500.00
4500.
21
SS
EA
Furnish & Install Type 7 Handicap Ramps u Detailed on Sheen 3 & 5 of the Plans
700.00
38 500.00
325.00
17,873.001
450.00
24,750.00
470.00
25,830.00
22
1
EA
Fumish & Install Type 21 Handicap Ramp as Detailed on Sheect 3 & 5 of the Plano
950.00
950.00
400.00
400.001
850.00
850.00
1.140.00
1,140.
23
30
LF
Remone AM Replace Concrete Curb and Gutter
30.00
900.
35.00
1.050.0001
28.50
8.55.00
30.00
90D.00
21 1
30 1
LF
Remove Existing Sidewalk
20.00
600.00
14.00
420.001
13.00
450.00
14.00
420.00
25
2
EA
Remove Existing Handicap Ramp
350.00
700.00
170.00
340.ODI
200.00
400.00
280.00
560.00
26
2
EA
Replace Sidewalk Step
230.01)
500.00
115.00
230,01DI
150.00
300.00
320.00
640.00
27
25
LF
Furnish & Install Handrail as Detailed on Shat 12 or the Plant
60.00
1 500.
115.00
2.875.001
65.00
1.625.001
76.00
1.900.00
28
100%
LS
Remove Existing Shrubs
1 000.00
I OW.
860.00
960.001
1.000.00
1 000.E15
1,500.00
29
3
EA
pennon Existin Tms
350.00
1050.
300.00
900.
500.00
] SOD.
1,260.
30
1
EA
Rctmvc and Dis or ExistingTree SN
350.00
330.00
115.00
115.00
350.00
350.00
630.01
31
100%
IS
Trim ExistingShrubs
500.00
500.
900.00
900.
1 000.00
1 ODD.
1,500.
32
12
EA
Raise Existin Manholes
350.00
4 200.
400.00
4800.
350.00
4,200.
1800.00
33
25
EA
Raise ExistingWater Valves
225.00
5.625
200.00t1.73001.
.
100.00
2 500.
7,375.
34
3
EA
Relocate Existing Mad Boxes
150.00
450.
170.00.
125.00
375.
162.
35
100%
IS
Furnish, Insall and Maintain told
1000.00
1 000.
575.00.
2 500.00
2 500.
730.01
36
100%
LS
Remove Existin Guard Fence
600.00
600.
230.00.
350.00
350.
940.011
37
100%
IS
Re rade Area Ad'acem to Pr Sidewalk
1,0011.01D
1000..
22 000.00.
250,00
250,0
8 200.
38
3
EA
Furnish & Install 5 -fad Curb Radius Unit
300.00
900.00
115.00.
350.00
1050.
75.00
225.
39
to
CY
Furnish Class'A- Concrete for Miscellaneous Construction
250.00
2500,00
230,00,
330,00
3,500,
7400
740
40
50
SY
Furnish & Instal Miscellaneous Concrete Ri a
36.00
1 IOD.. W
35.00
3.00
1 500
IW 00
5 ODD
41
100%
IS
Video Taping Project Site Before the Stan of Construction on the Project
250.00
250.00
800.00.
3,500.00
3,500.00
1,600.00
1600,
42
100%
IS
Items R sled b the Owner not shown on the Cmsssrnctian Plant
20,000.00
20 00D.W
20.000.00.
20,OOO.no
20,000.
20,000.00
20,000,
43
50
CY
Furnish, Install & Compact Cement Stbilixd Bax or Black Base at Intersection M Williams Drive
and River Bend
100.00
5.000.00
100.00.
75.00
3.750.00
50.00
2,500.
44
50
SY
Furnish & Install 2 -inch T C HMAC m Intersection of Williams; Drive and River Berl
15.00
750.
33. 00,
15.00 •
750.001
105.00
5.250.
TOTAL BID BASE BID (Items I - 44) S 376J28.0101 L-!! 6 195. L.529,265.00 f 537,773.40
Page 1 of 2
BID TION 2.12040
Wei i hereby certify dist this is a correct and tin tabulation of all bids recenN.
tO� R. David PaeP.E. Date
Roming, Parker &Kosberg. LLP Page Z Of 2
L -
CITY OF GEORGETOWN
SIDEWALK IMPROVEMENTS PHASE 1
September 16, 2003 9:00 am
300 Industrial Aeeaoe Geor etowo Teva 78626
Royal Vista Corporation
350 C.R. 260
Liberty Hill Texas 78642
BIDDER INFORMATION
Myers Construction, Inc. D. Shaffer Concrete Co., Inc.
P.O. Box 1327 1436 Grand Ave. Parkway
Wimberl Texas 78676 POu erville Texas 78660
Austin Filter Systems, Jim
13653 Rutledge Spur
Austin Tex 78717
Bear Earmar
No. 1
Unit
Bid Data
Descrition
Unit
..aLcL. .
Extended
Amount
Unit
Price
Extended
Amount
Unit
Price
Extended
Amaum
Unit
Price
Ertended
Amount
BASE BID
1
100%
IS
Mobilization, Bonds and Insurance
$ 17 500.00 $
17 S
20,01)11).00 8
20000.
S 2/ OOD.00 S
2d 000. W 5
34 .00 S
34,300.
2
100%
IS
Pedestrian &Vehicular Traffic Control Plan UtilizingTxDOT Standard Details & TMUTCD
3,304.
3.304.
9,000r
9 00D.
S 000.00
5,000.
5,000.00
500000
3
100%
LS
Barricades& Traffic Control PlanImplementation
14160.00
14160.
4,000.00
4,000.
20000.00
200DO.
2101)0.00
21000.00
4
19,80D
IF
4 -inch Thick 5 -foot Wide Concrete Sidewalk w/re-saddin & rave cutin Disturbed Am
16.48
326 304.00
17.00
336.600.
15.00
297000.
20.00
396000.00
S
60
LF
-inch Thick 4 -fad Wide Concrete Sidewalk w/re-sodding & revs etatin Disturbed Area
13.80
828.00
20,00
1,200.00
12.00
720.
16.30
990.10
6
40
LF
Saw CuttingExistingAsphalt
11.80
472.00
LOD
40.
5.00
200.00
6.00
240.00
7
50
LF
Saw CuttingExistingConcrete
14.16
708.00
3.00
150.00
10.00
500.00
8.00
400.00
8
70
SY
Removi aha Re acin Existin Asphalt Drivewa
23.60
1.632.00
20.00
1.400.
35.00
2,450.
57.00
3.990.
9
400
SY
Removi and Replacing ExistingCosa:rete Drisewa
70.80
28,320.
50.00
20 000.
55.00
2200000
76.00
30.400.00
10
2
EA
Atli=Existin AsphaltDrivewa to2%SI
1180.00
2360.
1,100.00
2,200.00
200.00
400.
1000.00
2,000.
11
11
SY
Remove Existin Gravel Drivewa & Replace with Concrete Drivewa
62.54
687.94
70.00
770.00
45.00
495.01)
74.00
SIC
12
20
SY
Remove ExistingAsphalt Drivewa and Replace with Concrete Drrvewa
84.96
1 699.20
75.00
45.00
900.
80.00
1.600.00
13
2
EA
10-ftot Precast Curb INct
5,310.00
10,620.
4,500.00
_I500
9,000.00
41,0101
8,000.
3,O00.
6,000.00
14
19
LF
24 -inch Reinforced Concrete Pi
76.70
1457.
160.00
3 040.
60.00
11140.
63.00
1,197.00
IS
IS
LF
Dual 30 -inch Reinforced Concrete Pi Exeroloro with SI End Treatment
200.00
3 ODD.
425.00
6,375.
200.00
3,00D.
162.00
2,430
16
60
CY
Furnish, ImWI and Compact Select Backfill
159.30
9,558.
60.00
3,600.
40.00
2 400.00
32.00
1,92000
17
56
EA
Furnish & Install T I HandicapR as Detailed on Sheets 2 & 5 of the Construction Plans
542.80
30,396.80
445.00
24 920.00
650,00
36 400.
800.00
".800.00
18
1
EA
Furnish & ]retail T 2 HandicapR as Detailed on Sheets 2 & 5 of the Construction Plain
542.80
542.80
560.01)V1.70000100.00
.
850.00
850.
1800.00
1,800.00
19
1
EA
Furnish & Imiall T 3 Handica R n Detailed on Sheets 3 & 5 of the Plans
542.80
542.80
510.00.
850.00
850.00
1,800.00
1,800.00
20
1
EA
Furnish & Immil T 5 HandicapR as Detailed on Shen 3 of the Plans
542.80
542.80
630.00.
1 000.00
1,000.00
3,700.0012550.OD
00
21
55
EA
Furnish & Install T 7 HandicapR as Detailed on Sheets 3 & 5 of the Plans
542.80
29,954.
400.00,
650,00
35,750,
700.00
22
1
EA
Furnish & Install T 21 HandicapRB u Detailed on Sheeets 3 & 5 of the Plans
542.80
542.
500.00.00
1000 .00
1000.
1,330700
23
30
IF
Remove and R lace Concrete Curb and Gutter
17.70
531.
10.00.00
40.00
1,200.
18.00
24
30
LF
Remove ExistingSidewalk
23.60
708.00
10.00.00
10.00
300.00
16.00
25
2
EA
Remove ExistingHandicap472.00
944.00
140.00.00
100.00
200.00
260.0000
26
2
EA
Replace Sidewalk St
334.00
708.
100.00.00
50.00
100.00
425.00
27
25
LF
Furnish & Install Handrail in Detailed on Sheet 12 of the Plsro
118.00
2,950.
60,00.00
60.00
1
110.00
28
100%
IS
Remove ExistingShrubs
590.00
590.00
1,00000.00
200.00
200.00
830.00
29
3
EA
Remove ExistingTrees
295.00
885.
280.00.00
100.00
300.00
850.000030
1
EA
Remove and Dis of Existin Tm Stu
590.00
590.
930.00.00
10D.00
100,00
400.0000
31
100%
LS
Trim Existin Shrubs
295.00
295.
1,700.000.00
100.00
10D.001
330.00
330.00
32
12
EA
Raise Existing Manholes
472.00
3.664.00
280.00
3.360.00
100.00
1.200.001
530.00M2D,000.00
.00
33
25
EA
Raise ExistingWater Vat
177.00
4.4
280.00
7,000.00
50.00
1.250.001
230.00.00
34
3
EA
Relocate ExistingMail Boxes
118700
354.00
86.00
258.00
50.00
150.
100.00.
35
100%
LS
Furnish, Install and Maintain INn
-Il
-Il
11800.00
1,800.00
290130,
2,000.
1,500.00
36
100%
IS
Renove ExistingGuard Fence
590700
590.
560.00
560.00
500.00
500.
1600.00.00
37
100%
LS
Re rade Area Adjacent to Sidewalk
1,416.00
141600
15 000.00
I5 000.
1000.00
20 500,00.00
38
3
EA
Furnish & Install 5 -foot Curb Radius Unit
885.00
2,655.00
280.00
840.00
500.00
_I000
1500.
70100.00
39
10
CY
Furnish Class 'A* Concrete for Miscellarcde Construction
59.00
590.00
560.00
5,600.
100.00
1000,
400,00.
40
50
SY
Furnish & lmtdl Miscellaneous C9tcrete Ri
53.10
2,655.
48.00
2,400.00
73.00
3,750w
42.00.
41
100%
IS
Video Ta in Pm' t Si¢ &fare the Start of Commotion on Ort Pro' t
3,301.00
3 304.
750.00
750.00
1,500.00
1,500.00
575.00.
42
100%
LS
Items Re sled the Owner not shown on the Construction Plans
20000.00
20,000.
20,01)0.00
20 000.00
20 0 110
20,000.00
20,000.000043
50
CY
Fumish, Install & Compact Certent Stabilised Base or Bleck Bae at Intersection of Williamt Drive
and River Bend
191.70
9,735.00
300.00
15,000.00
20.00
1,000.00
300.0000
N
30
SY
Fumtsh & Install 2 -inch T C HMAC at Intersection of W illiarm Drive and River &tad
17.70
885.
20.00
1,000.00
1,000.00 •
50,000.
17700
850.
TOTAL BID BASE BID (Items I - NJ
S
546,706.44
S
548,693.00
f
552 915 021
IS
690 316.
Wei i hereby certify dist this is a correct and tin tabulation of all bids recenN.
tO� R. David PaeP.E. Date
Roming, Parker &Kosberg. LLP Page Z Of 2
L -
Council Meeting Date: October 28, 2003
AGENDA ITEM COVER SHEET
Item No./
SUBJECT:
Consideration and possible action to enter into a contract with the
Brazos River Authority (BRA) for a period starting October 31, 2003 through
September 30, 2008 with the first year operating budget of $910,000.00.
ITEM SUMMARY
The City Council voted to award the contract for the operation of the
City's wastewater plants to BRA in its August 12, 2003 meeting. The staff has
negotiated the terms of the contract included in the BRA proposal. The term
of the contract is 4 years and 335 days starting on October 31, 2003 and
ending on September 30, 2008.
The volumetric rate ($799.11 per MG) for operations and maintenance will
remain fixed throughout the term of the contract, subject only to adjustment
as a result in a change in scope. The City has requested an increase in the
repair budget from $45,060.00 to $70,000.00 and a decrease in projected
wastewater treatment from 1,033 MG to 1,025 MG. The price in future years is
subject to treatment volume, scope change, and change in repair budget.
The Staff recommends the Wastewater Plant Operations Budget for 2003-
2004 be set at $910,000.00.
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT:
Funding will be from the Wastewater Fund 650-109-5302-00.
STAFF RECOMMENDATION:
Staff recommends the approval of the contract with BRA and the first year operating budget of
$910,000.00.
COMMENTS:
NONE
ATTACHMENTS:
1. BRA Wastewater Plant Operations Contract.
.. t1A ,-/i�
ed By:/"Jim Briggs Glenn W. DisPfong,
(/// Assistant Wt Manager Water Services Ma
for Utilities
I
AGREEMENT
for
MUNICIPAL WASTEWATER TREATMENT PLANT OPERATIONS,
MAINTENANCE AND
MANAGEMENT SERVICES
for the
CITY OF GEORGETOWN, TEXAS
THIS AGREEMENT is made to be effective on the 31" day of October, 2003, between the City of
Georgetown, Texas (hereinafter "City"), a Texas home rule municipality, the Brazos River
Authority, (hereinafter "BRA"), a river authority of the State of Texas. City and BRA are
collectively referred to herein as "the Parties."
WHEREAS, City is the owner and operator of a municipal wastewater treatment system
that presently consists of five wastewater treatment plants and the associated appurtenances; and
WHEREAS, City desires to outsource the operations, management, maintenance and repair
of its wastewater treatment facilities; and
WHEREAS, after soliciting competitive proposals, the City has determined that it is in the
public interest to award the contract for services related to the operation of the City's wastewater
treatment facilities to BRA.
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth
herein, the Parties agree as follows:
1. GENERAL
1.1 Throughout this Agreement, the words and phrases contained in Appendix A shall
have the meaning set forth in Appendix A.
1.2 All grounds, Facilities, Equipment, and vehicles now owned by the City or acquired
by City shall remain the property of City.
1.3 Wherever used, the terms "BRA" and "City" shall include the respective officers,
agents, directors, elected or appointed officials, and employees.
1.4 The Project Manager for the City under this Agreement is the City's Manager of
Page 1 of 21
Water Services. The Project Manager for BRA under this Agreement is Central
Region Facilities Superintendent. Any changes in the Project Manager shall be
provided to the other party in the manner required for notices under this Agreement.
2. BRA's DUTIES AND RESPONSIBILITIES:
Throughout the term of this Agreement, BRA shall:
2.1 Operate and maintain the Facilities within their design capacity for 24 -hours per
day, 7 -days per week in accordance with the terms and conditions specified in this
Agreement and in Appendix B, and as required to be in full compliance with all
Applicable Laws. BRA will provide appropriate staffing for the Facilities during
normal business hours, and will have personnel available for call -outs at other
times. BRA represents and warrants that it is familiar with all Applicable Laws,
and that it will stay informed of any changes therein for the term of this Agreement
and implement same consistent with the terms of this Agreement.
2.2 Alter the process and/or components of the Facilities if and as necessary to achieve
the objectives of this Agreement; except that, no alteration shall be without City's
written approval if such alteration shall cost in excess of Two Thousand Dollars
($2,000.00), or if any portion of the costs will be the financial responsibility of the
City outside the Compensation provisions of this Agreement. In such event(s), the
alterations shall not be undertaken by BRA until the City has given its written
approval. Any and all alterations shall also be consistent with Applicable Laws.
2.3 Perform Maintenance on all Facilities and Equipment in accordance with the
manufacturer's recommendations, industry standards, or as may be directed by the
City. BRA shall provide the City a monthly report containing a description of all
Maintenance performed. Upon the City's written request, BRA shall provide a
spare parts inventory.
2.4 Provide timely Repairs for the Project and the Facilities or components thereof
during the regular workday, unless otherwise directed by the City. In no event shall
any Repairs remain undone by BRA for a period of thirty (30) days, unless the City
has approved of such Repair schedule, or the City has failed to approve
expenditures pursuant to Section 2.5.
2.5 Provide the City with a monthly report containing a brief description of Repairs
made from the Repairs Budget, the associated Cost, and the total amount oft he
Repairs Budget utilized to date. No Repair shall be without City's written approval
if such Repair shall cost in excess of Two Thousand Dollars ($2,000.00), or if any
portion of the Costs will be the financial responsibility of the City outside the
Compensation provisions of this Agreement.
Page 2 of 21
2.6 Pay for all Repairs on the Facilities, so long as the cost does not exceed the annual
Repairs Budget agreed to as provided in Appendix F for each year of this
Agreement. Any increases in the Repairs Budget shall be accomplished in
accordance with Article 4.1.2 of this Agreement.
2.7 Maintain all Equipment purchased or owned by City consistent with manufacturer's
recommended standards and assist the City in enforcing Equipment warranties and
guarantees by providing information on routine maintenance performed on such
Equipment.
2.8 Provide training and oversight for BRA personnel, agents and subcontractors (as
appropriate for role and task to be performed) in areas of Project and Facility
operation, maintenance, safety, supervisory skills, laboratory, and energy
management.
2.9 Pay all Costs necessary for operations and maintenance consistent with Reasonable
Standards, except for those which are otherwise the responsibility of the City
pursuant to this Agreement.
2.10 In the event that an Abnormal Condition occurs, advise the City of the Abnormal
Condition and planned course of action and shall use its best efforts to return the
Facilities to legal limits. If subsequent action is required, the details of the response
and the responsibilities of the parties shall be set forth in writing and submitted to
the City for final review and approval. If subsequent action requires a Change in
Scope of Service, the BRA shall prepare and submit the appropriate contract
amendment to the City for final review and approval. Notwithstanding any other
provision of this Agreement, BRA will use its best efforts to maximize the
Facilities' performance, but shall not be responsible for associated effluent
characteristics or damages, fines, penalties or claims resulting from an Abnormal
Condition.
2.11 Provide a sufficient number of certified, qualified personnel, including
management, administrative, operational, technical, laboratory and clerical, who
meet relevant State of Texas requirements and certifications regarding m unicipal
water treatment operations and maintenance and are capable and demonstrate
experience necessary to operate and maintain the facilities.
2.12 Provide a personnel contact list as set forth in Appendix E for persons who will be
utilized to perform all or part of the requirements of this Agreement. As the
information on the contact list changes, BRA shall provide prompt updates to the
City's Project Manager.
2.13 Provide all normally required personnel, tools, equipment, materials, and supplies
necessary to perform the Project, and such Costs shall be bome by the appropriate
Party as provided in this Agreement.
Page 3 of 21
2.14 Prepare all documents and reports required by any Applicable Law related to the
Facilities, including but not limited to NPDES and Discharge Monitoring Reports,
and submit these to the appropriate agency. Any documents which must be signed
by t he C ity s hall b e s ubmitted t o t he C ity i n a t imely fashion allowing the City
sufficient time (at least three (3) business days) to review and comment on the
report prior to the date that it must be mailed to any state, federal or local agency or
other entity. At request of City, BRA shall provide historical treatment perfor-
mance data to the extent possible. BRA shall assist the City in preparation of other
special reports, including responses to regulatory agency requests or orders for
information, permit amendments or renewals, audits, and other reasonable City
requests. BRA shall maintain the records and reports pertaining to the Project on
the site of the Dove Springs Wastewater Treatment Plant, or as otherwise specified
by City, or in the manner required by any Applicable Laws.
2.15 Provide for the disposal of sludge to approved disposal sites. Should the disposal
costs for sludge increase to an amount in excess of the amount indicated on
Appendix F, City and BRA agree to meet and negotiate an increase in the
Volumetric Fee for such sludge disposal services. City agrees that it is the
Generator of all sludge, biosolids or other material produced at the Project.
2.16 Perform all sampling and laboratory analysis currently required by the Texas
Commission on Environmental Quality (TCEQ) or the United States Environmental
Protection Agency (or their successor agencies), or any other agency with
jurisdiction over the Facilities. If additional laboratory testing and sampling is
required by future regulatory changes and/or population growth and if such
additional laboratory testing and sampling constitutes a Change in Scope of
Services, the BRA shall prepare and submit a request for a Change in S cope o f
Services to the City for final review and approval. All analytical methods used to
demonstrate compliance shall be in accordance with methods approved by the
appropriate regulatory agencies, as applicable.
2.17 Provide an inventory of all non -reusable materials and supplies related to the
performance of BRA's obligations under this Agreement, which would be retained
by City in the event that this Agreement is terminated, expires, or is not renewed.
Upon termination or expiration of the Agreement, BRA will conduct a final
inventory and provide the City with a report detailing total inventory on hand at the
date of termination or expiration. BRA shall also provide a minimum chemical
inventory necessary to operate the Facilities for seven (7) days of continuous
operation, based on the prior Contract Year's average daily production. City shall
compensate BRA for the value of any non -reusable materials and supplies retained
by the City upon termination, expiration or non -renewal of this Agreement and for
any chemical inventory in excess of the minimum requirement contained herein for
up to a one month supply (30 days).
2.18 Provide for the Maintenance and Repairs of the City -owned Equipment listed in
Page 4 of 21
Appendix C consistent with Reasonable Standards.
2.19 Provide twenty-four (24) hour per d ay a ccess t o P roject a nd t o t he F acilities for
City's personnel as set forth in Appendix G. Visits may be made by any of City's
other employees, so designated by Citys Representative, subject to a no less than a
twenty-four (24) hour notice to the BRA Project Manager. If visitors request access
to or a tour of the Facilities, BRA shall promptly inform the City and the City shall
determine whether a City employee is to accompany the visitor. A BRA employee
shall accompany all visitors.
2.20 Operate all Facilities such that no nuisance conditions as defined by the appropriate
regulatory agency shall occur on-site or off-site, within the design parameters of the
Facilities. BRA shall be responsible for grounds maintenance only within the Site
Boundary of the Facilities.
2.21 Provide computerized maintenance, process control, and laboratory records
management systems that are compatible with Microsoft Windows compatible
computer operating systems.
2.22 Provide the City with proposed Capital Expenditures, furnishing a schedule of
improvements and expenditures including the following for each project by
February 1 of each calendar year for the term of this Agreement:
a. Improvement needed
b. Justification of improvements
C. Cost of improvements
d. Any projected increase/decrease in O&M created by the improvement
e. Recommended schedule for construction of the improvement
Any City -approved improvements will be included in the City's Capital
Improvements Plan, which shall be prepared by the City in the normal course of its
annual budget process.
2.23 Finance Capital Expenditures i f requested and authorized by the City, subject to
mutually agreeable terms and conditions of repayment.
2.24 Comply with the policies of City regarding affirmative action provisions for
minority hiring.
2.25 Request City concurrence on any replacement of BRA's Project Manager. City
shall not unreasonably withhold concurrence.
2.26 Be solely responsible for handling and use of hazardous materials and informing
employees of any such hazardous materials. BRA shall provide copies of all
hazardous materials data sheets to the Georgetown Fire Department marked
attention: Fire Marshall.
Page 5 of 21
3. CITY'S DUTIES AND RESPONSIBILITIES:
Throughout the term of this Agreement, the City shall:
3.1 Consider all Capital Expenditures proposed by BRA.
3.2 Maintain and pay for all existing easements, permits, and licenses that have been
granted to City pertaining to the Facilities.
3.3 Pay all property, franchise, permit fees or other taxes associated with the Project.
3.4 Provide BRA the temporary use of any piece of City's heavy Equipment that is
available so that BRA may discharge its obligations under this Agreement in the
most cost-effective manner.
3.5 Provide all licenses for City-owned vehicles used in connection with the Project.
3.6 Provide for BRA's continuous and exclusive use, all Equipment described in
Appendix C for the purpose of fulfilling its obligations under this Agreement.
3.7 Pay directly all electrical costs associated with the Project.
3.8 Pay directly for or conduct sludge transport from the Cimarron Hills and Berry
Creek Plants to the San Gabriel or Dove Springs plant for normal sludge wasting
operations, i ncluding, the cost o f"Pump and Haul" treatment for the Cimarron
Hills Plant.
3.9 Provide copies of all warranties and manufacturer's recommended maintenance
standards in City's possession to BRA upon execution of this Agreement.
3.10 Provide an inventory of all non-reusable materials, supplies, and chemicals related
to the performance of BRA's obligations under this Agreement, which have been
retained by the City upon the termination of the existing operating agreement for the
Facilities in force at the time of the execution of this Agreement.
3.11 Provide a personnel contact list as set forth in Appendix E for persons who will be
utilized to perform all or part of the requirements of this Agreement. As the
information on the contact list changes, the City shall provide prompt updates to
BRA's Project Manager.
3.12 Pursuant to Section 2.5 of this Agreement, consider Repair requests exceeding two
thousand dollars ($2,000) within five working (5) days of submittal of the BRA's
request to the City's Project Manager.
Page 6 of 21
4. COMPENSATION AND PAYMENT
4.1 COMPENSATION - Compensation to the BRA will be in three (3) components: A
Volumetric Fee, a Repairs Budget, and a Reconciliation Payment, as more fully set
forth inthis Article 4 and in Appendix F. It is the intent of this Agreement that
adjustments shall be made to the Volumetric Fee and the Repairs Budget prior to
each Contract Year, but that no adjustment shall me made to the Volumetric Rate.
4.1.1 Volumetric Fee. City shall pay to BRA as compensation for services
performed under this Agreement a Volumetric Fee equal to the Treatment
Projection for that Contract Year multiplied by the Volumetric Rate as
follows:
a. Treatment Projection.
L The Treatment Projection for the Contract Year shall be as
set forth in Appendix F.
ii. The Treatment Projection is the amount of wastewater that
the parties project will be treated during the Contract Year,
based on the amount treated the prior twelve (12) months
and the amount that is expected to change due to customer
changes and other factors. The Treatment Projection for
each Contract Year shall be adjusted annually, four (4)
months prior to the annual anniversary date of the effective
date of this Agreement. The adjusted Treatment Projection
shall be effective for the following Contract Year.
b. Volumetric Rate.
i. The Volumetric Rate for the Contract Year shall be Seven
Hundred Ninety -Nine Dollars and Eleven Cents ($799.11)
per One Million (1,000,000) gallons of treated volume of
wastewater.
ii. The Volumetric Rate shall be fixed throughout the term of
this agreement.
C. Volumetric Fee.
i. The Volumetric Fee for the Contract Year shall be as set
forth in Appendix F.
Page 7 of 21
ii. The Volumetric Fee shall be the product derived by
multiplying the Treatment Projection by the Volumetric
Rate. The Volumetric Fee shall be effective for the Contract
Year.
iii. Within sixty (60) days after the end of each Contract Year,
BRA shall determine the Actual Annual Treatment Volume
during the Contract Year (the volume reported pursuant to
Applicable Laws). The BRA shall calculate the Treatment
Delta, as an indication of either flows in excess of the
Treatment Projection for the Contract Year, or flows less
than the Treatment Projection for the Contract Year. A
Volumetric Fee Adjustment shall be calculated by
multiplying the Treatment Delta by either the Excess Flow
Adjustment (for flows in excess of the Treatment Projection
for the Contract Year), or the Under Flow Adjustment (for
flows less than the Treatment Projection for the Contract
Year. Any payments shall be made in accordance with
Section 4.2.4.
4.1.2 Repairs Budget. The City shall establish the amount of the Repairs Budget
annually, based on the performance and repair history of each Facility, and
on the projected Repair schedule for the next Contract Years. The City shall
pay to BRA annually an amount equal to the Repairs Budget for the benefit
of the City's Facilities. The total amount BRA shall be required to pay for
Repairs Costs shall not exceed the annual Repairs Budget.
a. The Repairs Budget for the Contract Year shall be as set forth in
Appendix F.
b. The Repairs Budget shall be adjusted annually, four (4) months prior
to the annual anniversary of the effective date of this Agreement. If
the parties cannot reach a resolution on an adjustment, the Repairs
Budget shall be the same as the previous Contract Year.
C. Within sixty (60) days of the end of each Contract Year, BRA shall
provide a report documenting the Actual Repairs Expense to City
and calculate a Repairs Budget Adjustment. If the Actual Repairs
Expense exceeds the Repairs Budget, the BRA shall reimburse to
City the Repairs Budget Adjustment, if the Actual Repairs Expense
is less than the Repairs Budget, the City shall reimburse BRA.
d. If during any Contract Year, the Cost of Repairs is projected by the
BRA t o e xceed t he R epairs B udget, t he parties shall negotiate an
Page 8 of 21
amendment to provide for that exceedance.
4.1.3 In the event that a Change in the Scope of Services during the Contract Year
is desired by the City or required by a change in Applicable Laws, then the
terms of this Agreement may be modified.
4.2 PAYMENT OF COMPENSATION
4.2.1 An equal monthly payment of the Projected Volumetric Fee for the current
Contract Year shall be due and payable to BRA on the first of the month
that services are to be provided.
4.2.2 An equal monthly payment of the Repairs Budget for the current Contract
Year shall be due and payable to BRA on the first of the month that services
are provided.
4.2.3 All other compensation to BRA is due and payable on receipt of B RA's
invoice and payable within fifteen (15) days.
4.2.4 Within sixty (60) days of the end of each Contract Year, BRA shall
calculate a Reconciliation Payment which shall be the sum of the
Volumetric Fee Adjustment and the Repairs Budget Adjustment for the
Contract Year as set forth in Appendix F for each Contract Year and submit
this calculation to the City. Within thirty (30) days of the submittal of the
Reconciliation Payment calculation, BRA shall reimburse the City or the
City shall reimburse BRA, depending upon the nature of the Reconciliation
Payment calculation.
4.2.5 City shall pay interest at an annual rate equal to Wells Fargo Bank, N.A.'s
prime rate plus one and one half percent (1 %2%) (such interest not to exceed
any limitation provided by law) on payments not paid and received within
fifteen (15) calendar days, such interest being calculated from the due date
of the payment.
4.3 PAYMENT CALCULATION
The Cost and Payment Summary for each Contract Year, attached hereto as Appendix F,
may be revised and amended prior to each Contract Year in accordance with the terms of
this Agreement.
5. INDEMNITY, LIABILITY AND INSURANCE
5.1 BRA hereby agrees to and shall hold City harmless from any liability or damages
Page 9 of 21
for property damage or bodily injury, including death, and from and against any and
all demands, losses, damages, forfeitures, penalties, fines, costs, lawsuits, claims,
liabilities, actions, causes of action of every kind whatsoever, and expenses,
including attorneys' fees and expenses and costs of investigation, which may arise
from BRA's breach of any provision of this Agreement, or from BRA's negligent
operations or willful acts, to the proportion such breach or negligence or willful act
contributed to the damages, injury or loss, whether such act be by BRA or by
subcontractor of BRA.
5.2 BRA shall be liable for those fines or civil penalties with no maximum aggregate,
which may be imposed by a regulatory agency for violations of the applicable legal
requirements that are a result of BRA's negligent operation or a willful act. City
may, but is not obligated to, assist BRA in contesting any such fines in administra-
tive proceedings and/or in court prior to any payment by BRA. BRA shall pay the
costs of contesting any such fines.
5.3 BRA's liability to City under this Agreement specifically excludes any and all
indirect, special or consequential damages arising from the operation, maintenance,
and m anagement o f P roject o r the F acilities, u nless c aused by the negligence or
willful act of BRA. These damages are limited to the proportion that such
negligence or willful act contributed to the loss.
5.4 Each party shall obtain and maintain insurance coverage of a type and in the
amounts described in Appendix D. BRA affirms that the required insurance will
be maintained in full force throughout the term of this Agreement and that the City
will be identified as an additional insured, except as otherwise stated in Appendix
D. Further, to the extent received by the City, the proceeds of insurance of BRA
shall be applied to reduce, but shall not eliminate, any other obligations of BRA
under this Agreement and BRA shall pay any and all deductibles or retentions under
all insurance carried by BRA.
BRA shall cause its insurance carrier(s) to execute and deliver to the City
certificate(s) of insurance stating the limits and coverage required by the City.
The cancellation either by the insured or the insurer of any portion of the
insurance required to be carried by BRA by this Agreement, or the lapse or
suspension of the required insurance for any reason shall be considered a material
breach of this Agreement by BRA and the City may exercise its termination rights
set forth in this Agreement, and any other right contained in this Agreement, and
shall have the r ight t o p rohibit B RA from s ubsequently a ntering t he F acilities'
grounds and/or Project.
BRA shall cause its sub -contractors to procure insurance covering the liabilities
noted above, as appropriate, and with insurance companies acceptable to the City.
BRA will obtain such policies or certificates and deliver them to the City. If
acceptable insurance is not acquired by BRA or its subcontractors, the City may,
Page 10 of 21
at its discretion, acquire the required insurance coverage and charge the expense
for such coverage to BRA, by reducing the Base Fee paid hereunder as set forth in
Appendix D, or hold BRA fully responsible for insurance not provided.
The required insurance, or self insurance of a sufficient magnitude to satisfy the
requirements under this Agreement and Appendix D shall be maintained without
a reduction in or narrowing of coverage during the course of the services.
Both City and BRA shall maintain policies with a Certificate of Insurance prepared
and executed by the insurance company or its authorized agent, and containing
provisions setting forth all endorsement and insurance coverage according to the
requirements contained herein.
5.5 The City will ensure that standard fire, property, and flood insurance policies are
maintained, including extended coverage to the full insurable value of the
Facilities and appurtenances thereto. In this regard, the City maintains various
types of insurance to protect against loss to property and is required to notify the
insurance agent of such claims. In the event of loss or damage, the cooperation of
BRA may be required in resolving the claim. In this regard, BRA shall
immediately notify the City of any occurrence or situation that might give rise to a
claim due to accident, property damage or loss.
6. TERM AND TERMINATION: DEFAULT REMEDIES
6.1 The term of this Agreement shall commence on October 31, 2003 and continue
until September 30, 2008. There shall be no automatic renewal of this Agreement.
6.2 TERMINATION
a. This Agreement may be terminated as follows:
1. by the BRA or the City if (i) any federal, state or local agency should
revoke the permit(s) required by Applicable Laws to operate the
Facilities; or (ii) any administrative or judicial order should be
promulgated or issued by any governmental agency having
jurisdiction over the Facilities, and the effect of such order makes it
illegal for the BRA to perform its obligations under this Agreement;
or (iii) some other event occurs, outside the control of the BRA,
which makes the continued operation of the Facilities by a qualified
operator wholly impossible. The Parties agree to notify each other
immediately upon receipt of notice of any action proposed by a
federal, state or local agency to revoke any of the permits required
by Applicable Laws to operate the Facilities which would make it
impossible or illegal for the BRA to perform its obligations under
Page 11 of 21
this Agreement.
2. by the BRA, upon giving not less than ninety (90) days written
notice to the City, in the event the City does not include those
Capital Expenditures in its Capital Improvements Plan that are
necessary to remain in compliance with Applicable Laws as
described in Section 2.22, or the City fails to duly observe, perform,
or comply with any material covenant, agreement, condition, or
provision of this Agreement, or if any representation or wan -ant
made by the City herein proves to have been false or incorrect in any
material respect when made and such failure, or breach of
representation or warranty is not remedied within ninety (90) days
after written notice specifying such default shall have been provided
to the City by the BRA.
3. by the City, upon giving not less than ninety (90) days written notice
to the BRA, in the event the BRA fails to duly observe, perform, or
comply with any material covenant, agreement, condition, or
provision of this Agreement; or, of any representation or warranty
made by the BRA herein proves to have been false or incorrect in
any material respect when made, and such failure, or breach of
representation or warranty is not remedied within ninety (90) days
after written notice specifying such default shall have been provided
to the BRA by the City.
b. Upon termination of this Agreement pursuant to subsection (a) of this
Section, all obligations of all of the parties under this Agreement shall
terminate and be of no further force and effect, except as otherwise provided
in Section 6.4.
6.3 Upon notice of termination by City, BRA shall assist City in resuming operation of
the Project. In addition, City shall pay to BRA the unpaid balance of any approved
Capital Expenditure or outstanding repair. If additional Cost is incurred by BRA at
request of City, City shall pay BRA such Cost in accordance with this Agreement.
6.4 The obligations of BRA under Section 5 of this Agreement shall survive
termination or expiration of this Agreement.
7. LABOR DISPUTES
7.1 In the event activities by City's employee groups or unions cause a disruption in
BRA's ability to perform at the Project, City, with BRA's assistance or BRA, at its
own option, may seek appropriate injunctive court orders. During any such
disntption, BRA shall operate the facilities on a best-efforts basis until any such
Page 12 of 21
Q
disruptions cease.
MISCELLANEOUS
8.1. Forc�eare. If either party is rendered unable, wholly or in part, by Force
Majeure to cant' out any of its obligations under this Agreement other than an
obligation to pay or provide money, then such obligations of that party to the extent
affected by such Force Majeure, shall be suspended during the continuance of any
inability so caused. Such cause, as far as possible, shall be remedied with all
reasonable diligence. The term "Force Majeure," as used herein, shall mean acts of
God, strikes, lockouts, acts of the public enemy, orders of any governmental
entity/military authority, acts, orders or delays thereof of any regulatory authorities
with jurisdiction over the parties, insurrections, riots, natural disasters, arrests, civil
disturbances, explosions, terrorism, or any other conditions which are not within the
control of such party.
8.2. Severability. The provisions of this Agreement are severable, and if any part of this
Agreement shall ever be held by any agency or court of competent jurisdiction to be
void, invalid or unconstitutional for any reason, the remainder of this Agreement
shall not be affected thereby.
M
go
E Sl
Modification. This Agreement shall be subject to change or modification only with
the mutual written consent of the City and BRA.
Addresses and Notices. Unless otherwise notified in writing by the other, the
addresses of BRA and the City are and shall remain as follows:
The City of Georgetown
Attn: Cit Manager
113E.8 Street
Georgetown, Texas 78726
Brazos River Authority
Attn: Chief Executive Officer
4600 Cobbs Drive
Waco, Texas 76714
Time of the Essence. Time is of the essence with respect to all matters covered by
this Agreement.
8.6. Authority of Parties Executing Agreement. By their execution hereof, each of the
undersigned parties represents and warrants to the Parties to this document that he
or she has the authority to execute the document in the capacity shown on this
document.
8.7. Status of BRA. It is agreed by the Parties that BRA will be regarded as an
independent contractor on all matters pertaining to services provided under this
Page 13 of 21
Agreement, and BRA shall not have the authority to assume, create or incur any
liabilities or any obligation of any kind (express or implied) against or on behalf of
City.
8.8. motions. The captions appearing at the first of each numbered section or paragraph
in this Agreement are included solely for convenience and shall never be considered
or given any effect in construing this Agreement.
8.9. Assignment. This Agreement may not be assigned by BRA to any other party
without the express written consent of the City, which consent may be withheld at
City's sole discretion. Any permitted assignee of BRA shall be obligated by
contract with BRA and the City to honor BRA's obligations to the City under this
Agreement. The City may, at its sole discretion, assign its rights under this
Agreement to any successor in interest to the City. BRA may, at its sole discretion,
terminate this Agreement upon assignment by the City.
8.10. Successor Rights and Responsibilities. In the event of any occurrence which renders
BRA incapable of performing under this Agreement, any successor of BRA,
whether the result of legal process, assignment, or otherwise, shall succeed to the
rights and obligations of this Agreement. In the event of any occurrence which
renders the City incapable of performing under this Agreement, any successor of the
City, whether the result of legal process, assignment or otherwise, shall succeed to
the rights and obligations to this Agreement.
8.11. Non -Waiver. Any waiver at any time by either Party to this Agreement of rights
under this Agreement shall not constitute and shall not be deemed to be a waiver of
any other rights held by either Party.
8.12. Scope of the Agreement. This is the entire Agreement between the Parties hereto.
There are no other conditions, agreements or representations between the Parties
except as expressed herein. This Agreement may not be amended except by written
instrument executed by both Parties.
8.13. Dispute Resolution. Any dispute arising from or related to this Agreement shall be
addressed through mediation, prior to the filing of any civil action. Only if such
alternative dispute resolution efforts fail shall the Parties seek redress of complaints
through civil suit.
8.14. Law. This Agreement shall be performable in Williamson County, Texas. The
terms and conditions of this Agreement, and the rights and obligations thereunder
shall be determined by the I aws o f t he S tate o f T exas. T he j urisdiction for a ny
disputes related to this Agreement shall be Williamson County, Texas.
Page 14 of 21
Both p arties indicate their approval of this Amendment to the Agreement by their signatures
below, to be effective on the 31st day of October, 2003.
Authorized signature: Authorized signature:
BRAZOS RIVER CITY OF GEORGETOWN, TEXAS
AUTHORITY
Name: Phillip J. Ford Name: Gary Nelon
Title: General Manager / CEO Title: Mayor
Attest: City of Georgetown, Texas 78626
Name: Sandra Lee
Title: City Secretary
Name: Patricia E. Carls, Brown & Carls, LLP
Title: City Attorney
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the _ day of
, 2003, by Gary Nelon, a person known to me in his capacity as Mayor of the
City of Georgetown, on behalf of the City of Georgetown.
Notary Public in and for the State of Texas
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF McLENNAN §
This instrument was acknowledged before me on this the _ day of
2003, by Phillip J. Ford, a person known to me in his capacity as General
Manager / CEO of the Brazos River Authority.
Notary Public in and for the State of Texas
Page 15 of 21
LIST OF APPENDICES
Appendix A Definitions
Appendix B Location of Project and Facility Design Capacity
Appendix C City -Owned Equipment
Appendix D Insurance Coverage and Performance Bond
Appendix E City and BRA Personnel Contact List
Appendix F Cost & Payment Summary for Contract Year
Appendix G City Personnel with 24 -Hour Access
Page 16 of 21
Appendix A
DEFINITIONS
A.1 "Abnormal Conditions" means any condition where, through no fault of BRA, the influent
does not contain adequate nutrients to support operation of the biological processes and/or
contains abnormal, toxic, or other substances which cannot be removed or treated by the
existing Facilities, or the flow or conditions exceed the design parameters of the Facilities,
such that the effluent contains abnormal, toxic or other substances which violate the
applicable legal limits.
A.2 "Additional Services" means those services requested by City incidental to or not
specifically identified or included in the Scope of this Agreement, but are related or
similar in nature to the services contemplated under this Agreement, including but not
limited to, services and/or cost for plant or facility upgrades, rate studies, short term
construction and the impacts thereof, engineering studies, and other short term incidental
projects.
A.3 "Applicable Laws" means all statutes specifically related to wastewater treatment and the
rules and regulations promulgated thereunder by the Texas Commission on Environmental
Quality (TCEQ) and/or the United States Environmental Protection Agency (EPA) (or their
successor agencies) related to the specific services to be provided under this Agreement,
and those administrative or judicial orders or agreements applicable to the Facilities that are
provided to BRA by the City.
AA "Capital Expenditures" means any expenditures for (1) the purchase of new Equipment or
Project or Facility components, or purchases of components to upgrade the Project or the
Facilities that cost more than Two Thousand Dollars ($2,000.00); or (2) expenditures that
are planned, non -routine and budgeted by City as part of its Capital Improvements Plan.
A.5 "Change i n S cope o f S ervices" in ears t hose a vents o r s ervices w hich a ither change the
basis of cost at no fault of BRA, or add additional scope to the services provided in this
Agreement which are anticipated as long term events (greater than one year). Such events
or services include but are not limited to services and/or costs currently the responsibility of
Owner, regulatory requirements or Applicable Laws mandated after this Agreement was
negotiated, construction and the impacts thereof, and changes in Project characteristics.
A.6 "Contact Person" means the individual for each party who is responsible for the
administration of this Agreement.
A.7 "Contract Year" means each annual period from October 1 through September 30 for the
duration of this Agreement, except that the first Contract Year shall be from October 31,
2003 to September 30, 2004.
Page 17 of 21
A.8 "Costs" means reasonable and necessary Project expenditures required for the provision of
services under this Agreement, which shall be borne by BRA as part of its compensation
under this Agreement, as determined in accordance with generally accepted accounting
principles on an accrual basis. The Costs under this Agreement are based on the Project
characteristics described in Appendix B.
A.9 "Equipment" means tools, machinery and other implements necessary to perform the tasks
required by this Agreement.
A.10 "Facilities" in ears those components o f the Project described on Appendix B, and any
additions thereto made during the term of this Agreement.
A.11 "Maintenance" means the cost of those routine and/or repetitive proactive activities
required or recommended by the City, a manufacturer, or BRA to maximize the service life
or operation of the Equipment, vehicles, and Facilities or components thereof. In addition,
the term means the scheduled o r u nscheduled a ctivities p erformed o n a r egular b asis t o
keep Equipment and Facilities operating safely and effectively and to minimize or overt
unforeseen failures.
A.12 "Project" means all grounds, Facilities and related Equipment and components, as well as
the management, operations, and maintenance services of same to be performed by BRA
under this Agreement.
A.13 "Reasonable Standards" means activities conducted in accordance with sound engineering
principles, manufacturer's recommended operating and maintenance criteria, Applicable
Laws (including regulations promulgated by any governmental or regulatory authority or
agency having jurisdiction).
A.14 "Repairs" means those non-routine/non-repetitive activities required for operational
continuity, safety, and performance generally due to failure of to avert a failure of the
Equipment, Facilities, vehicles, or some component thereof.
A.15 "Replacement" means work on the Project and/or Facility components that is required due
to repeated performance failure(s), and that is needed because the City has determined that
additional future Repair to such failed component(s) is either not cost effective for the City
or will not maintain the reliability of the project or Facility system and its operations.
A.16 "Site Boundary" means the controlled access secured area within a perimeter fence, plus a
reasonable buffer, as may be mutually agreed upon by the City and BRA.
Page 18 of 21
Appendix B
LOCATION OF PROJECT AND FACILITY DESIGN CAPACITY
BRA agrees to provide the Scope of Services for the Facilities with the design capacities listed
below. The term "Facility" shall include all equipment and components within the Site Boundary
except any component of the Irrigation Reuse System.
FACILITIES
CAPACITY
NPDES
TCEQ
Permit
Permit
San Gabriel Wastewater Treatment Plant
2.50 MGD
TX0022667
10489-002
1099 North College
Georgetown, Texas 78626
Dove Springs Wastewater Treatment Plant
1.24 MGD
TX0101281
10489-003
400 Rock Dove Lane
Georgetown, Texas 78626
Berry Creek Wastewater Treatment Plant
0.10 MGD
N/A
10489-006
30500 Berry Creek Drive
Georgetown, Texas 78628
Pecan Branch Wastewater Treatment Plant
1.50 MGD
TX0114006
10489-005
3502 FM 971
Georgetown, Texas 78628
Cimarron Hills Wastewater Treatment Plant
0.20 MGD
N/A
10232-001
Birdstone Lane
Georgetown, Texas 78628
Page 19 of 21
Appendix C*
Vehicles and Equipment Owned by City
109-06 John Deere Skid Steer 2002
109-09 John Deere Tractor 1993
109-20 Bobcat 2003
* City owns other minor equipment not listed here.
Page 20 of 21
Appendix D
INSURANCE COVERAGE AND PERFORMANCE BOND
D.1 BRA shall obtain and maintain, at its sole cost and expense, at all times during the term of
this Agreement, insurance coverage with insurers licensed to do business in Texas and
acceptable to the City under form of policies satisfactory to the City, naming the City as an
additional insured. Such insurance shall include, at a minimum:
D.1.1 Statutory worker's compensation for all of BRA's employees necessary to perform
the services r equired b y t his A greement i n t he a mounts r equired b y t he S tate o f
Texas, including Employer's Liability Insurance; and
D.1.2 Comprehensive general liability insurance in an amount not less than $5,000,000
combined single limits for bodily injury and/or property damage; and
D.1.3 Automobile liability Insurance for bodily injury and property damage, combined
single limit in an amount not less than $2,000,000; and
D.1.4 Pollution Liability Coverage, including coverage for environmental damages,
remediation, property damages, and personal injury, with a combined single
incident limit of not less than $2,000,000; and
D.1.5 Insurance for criminal or fraudulent acts of employees in an amount not less than
$2,000,000; however the City will not be an additional insured on this policy.
D.2 BRA shall, on or before the date of this Agreement, post a performance bond in a form
acceptable to the City and from a surety acceptable to the City in the amount of the full
value of each year's estimated compensation under the Agreement.
D.3 City shall maintain:
D.3.1. Property damage insurance for all property including vehicles owned by City and
operated by BRA under this Agreement. Any property including vehicles not
properly or fully insured shall be the financial responsibility of City.
D.3.2. Automobile liability insurance for all vehicles owned by City and operated by BRA
under this Agreement.
Page 21 of 21
Apv�odix E
City and BRA Personnel Contact List
CONTACT
TITLE
COMPANY TELEPHONE CELLPHONE
PAGER
EMAIL
Jim Briggs
Assistant City Manager - Utility Operations
GUS
512-930-3889 512-818 0090
N/A
hb eo etowntx.o
Glenn Dishong
Water Services Manager
GUS
512-930-2574 512-784-6662
N/A
dishon eo etownbr.o
Lonnie Reed
Wastewater/Reuse Supervisor
GUS
512-930-2581 512-818-1272
N/A
lareed eo .towno
Ken Taylor
Wastewater/Reuse Lead
GUS
512-930.8147 512-818-2477
N/A
ket eo etowntx.o
On Call Operator
Wastewater Dept On Call
GUS
WA 512-818-1612
512-896-6582
N/A
Randy Massie
Regional Manager
OMI
512-930-2520 512-748-1779
N/A
rmassie@omiinc.com
Wintercom
PecManager
512Marbeth -930-2520 512-748-1790
N/A
omigeo@omiinc.com
GUS Dispatch
GUS Dispatch - 7A -11 P Mon - Fri
GUS
512-930-3555 N/A
N/A
N/A
Georgetown Police Dispatch
Police Dispatch - 24/7
GUS
512-930-3510 N/A
N/A
N/A
SCADA
SCADA
GUS
512-930-1609 N/A
N/A
N/A
Berry Creek Lift
AutoDialer
GUS
512-819-0042 N/A
N/A
N/A
Smith Branch Lift
AutoDialer
GUS
512.819-9133 N/A
N/A
N/A
San Gabriel WWTP
AutoDialer
GUS
512-930-3591 N/A
N/A
N/A
Dove Springs WWTP
AutoDialer
GUS
512-930-3538 N/A
N/A
N/A
Curtis Smalley
Regional Superintendent
BRA
254-939-6471 512-560.8970
N/A
asmalley@brazos.org
Donald Malovets
Regional Maintenance Superintendent
BRA
254-662-1501 254-534-4973
N/AMtdickensbrazos.0
zos.o
Bob Shumate
Regional Operations Superintendent
BRA
254-939-6471 254-716-4622
N/Azos.o
KelseyFincher
Regional Analytical Services Superintendent
BRA
254-939-6471 254-534-4971
N/Aos.o
Georgetown Maintenance on Call
Georgetown Maintenance on Call
BRA
512-930-2520 WA
N/A
Georgetown O for on Call
Georgetown Operator on Call
BRA
512-930-2520 N/A
N/A
Tom Dickens
Georgetown Chief Operator
BRA
512-930-2520 N/A
N/Azos.oBCRWS
Maintenance on Call
BCRWS Maintenance onCall
BRA
512-246-2969 512-563-0417
N/A
BCRWS Operator on Call
BCRWS Operator on Call
BRA
512-246-2968 512-563-0419
N/A
N/A
Francisco Vicent
BCRWS Chief Operator
BRA
512-246-2968 512-563.0421
N/A
tvicent@brazos.org
SCRWTP Operator on Call
SCRWTP Operator on Call
BRA
512-563-4589 512-563.4589
N/A
N/A
Ted Kendig
SCRWTP Chief Operator
BRA
512-267-2434 512-563-0478
N/A
tkendi brazos.o
TBRSS Maintenance on Call
TBRSS Maintenance on Call
BRA
254-939.6471 254-534-5387
N/A
N/A
TBRSS O on Call
TBRO rator on Call
TBRSS Operator
BRA
254_939_64 71 254-534-5386
N/A
N/A
Randy Lock
TBRSS Chief Operator
BRA
254-939-64711254-534-5384
WA
nock brazos.o
BRA Emergency Dispatch
Emergency Calls - 24/7
I BRA
1888-571-29661888-571-2966
N/A
N/A
Appendix F
Cost and Payment Summary for Contract Year
Oct 31, 2003 - Sep 30, 2004
1
ITreatment Projection (MG)
1,025
2
JAverage Daily Treatment (MGD)
3.07
3
Sludge Disposal Cost Threshold
$
14.50
Cost Component
$ per MG
Cost
4
Volumetric Rate $
799.11
Projected Volumetric Fee (FY 03-04)
$
819,087.75
Repairs Budget
$
70,000.00
Total Annual Fee FY 03-04
$
889,087.75
6
Monthly Payment (Current Fiscal Year)
$
80,826.16
n of, ear\7o'�umetric'Fee Adju'� stment '-
r '.�
• "r` 4
7
Annual Treatment Volume (MG)
8
Treatment Delta (MG)
9
Excess Flow Adjustment (per MG)
$
365.85
10
Under Flow Adjustment (per MG)
$
214.83
11
Volumetric Fee Adjustment
$
-
�� ems.
12
Repairs Budget
$
70,000.00
13
Actual Repairs Expense
14
Repairs Budget Adjustment
$
15
Reconcilation Payment
$
Appendix G
City Personnel with
24-hour Access
Name
Paul Bra—n—denburg
Title
City Manager
Company
COG
In —Bdggs
Glenn Dishong
Asst City Manager - Utilities
Water Services Manager
GUS
GUS
Lonnie Reed
Wastewater/Reuse Su v
GUS
Gabriel Dominguez
Water Supervisor
GUS
Ken Taylor
Wastewater/Reuse Lead
GUS
Gary Bopp
Water Lead
GUS
Andy Hammack
Operations Specialist
GUS
Pete Ochoa
O erations S ecialist
GUS
Theo Armendariz
Technician
GUS
Bruce Miller
Operator
GUS
Luis Reyes
Apprentice
GUS
Daniel Hernandez
Apprentice
GUS
JJerry Riggs
Apprentice
GUS
Shane Hunn
Apprentice
GUS
6�
Ii
Council Meeting Date: October 28, 2003
AGENDA ITEM COVER SHEET
Item No.
SUBJECT:
Consideration and possible action to approve continuation of the second
phase of GSWW Edwards Aquifer Program testing and approve the annual budget of
$180,000.00
ITEM SUDffdARY:
Chapter 213 - Edwards Aquifer rules of the TAC requires communities to
test their wastewater collection system mains, 6" and larger in diameter, to
locate structural damage and defects that potentially pose a threat to the
Edwards Aquifer, once every five years. Georgetown Utility Systems has contracted
with Gutierrez, Smouse, Wilmut and Associates, Inc. (GSWW) to provide a multi-
year program approach to perform sewage collection system testing and evaluation.
GSWW completed the first phase of testing and the staff is pursuing
rehabilitation of the defects that were identified. This item provides for the
second year of testing. This phase of testing will result in the inspection of
110,000 feet of collection mains. The area to be tested will be the Dove Springs
Wastewater Treatment Plant collection system in the southwestern portion of the
city.
The project budget is $180,000.00.
GUS BOARD RECOMMENDATION:
GUS Board recommended approval of this project at their October 21, 2003
meeting. Approved 6-0 (Evans Absent)
STAFF RECOMMENDATION:
Staff recommends approval of the second phase of this testing program and
also recommends approval of the annual budget of $180,000.00
SPECIAL CONSIDERATIONS:
None.
FINANCIAL IMPACT:
Funds for this project will come from the Wastewater Capital Fund
Account Number: 651-101-6618-00.
COMMENTS:
None.
ATTACHMENTS :
Letter from GSWW with cost estimates
/-\ . h
By:
Assistant City Manager
for Utilities
Water S
Manager
J
el
September 16, 2003
City of Georgetown
Attn: Mr. Glenn Dishong
P.O. Box 409
Georgetown, TX 78627-0409
Dear Glenn:
GSWW, Inc.
Civil/Environmental Engineers. Planners
Dallas. Fort Worth. Midland. Austin
Predecessor Firms: Gutierrez, Smouse, Wilmot & Assoc., Inc.
Washington & Associates, Inc.
We have completed Phase 1 of the Edwards Aquifer Recharge Zone Protection
Program with a final report that details our findings in the field and provides
recommendations for rehabilitation of the collection system. We are now ready to
begin field investigations for Phase II. As you requested, I have provided a task
breakdown of the proposed costs for Phase ll. We are looking forward to another
successful project.
Sincerely,
GSWW, INC.
David Koberlein, P.E.
Associate/Project Manager
DK/jm
Enclosures
1016 Mopac Circle, Suite 201. Austin, Texas 78746 . 512.306.9266 . 512.306.9550 Fax . www.gsw-inc.com
Table 2-8 Estimated Compensation City of Georgetown, Texas Edwards Aquifer Protection �%
Page 13 Gutierrez, Smouse, Wilmut & Assoc., Inc.
City of Georgetown, Texas
Phase 2-8 Estimated Compensation
Task
Description
Unit
Unit Price
Total
100
Preparatory Work and Mobilization
LumpSum$6,030.00
$6,030.00
200
Review of Existin Information
Lum Sum$2,500.00
$2,500.00
300
Public Awareness and Involvement
Lum Sum$2,700.00
VQuantit
$2,700.00
400
Installation, Maintenance, and Removal of Flow Monitors and Rain Gau es
Each$70.00
$0.00
500
Flow Monitorin , Data Mana ement, and En ineerin Evaluation
Each$1,500.00
$0.00
600
Smoke Testin
LinearFoot
$0.33
$36,300.00
700
Manhole and Sewer Line Visual Inspections
Each
375
$70.00
$26,250.00
800
Dyed Water Flooding/Leak Quantification and Evaluation
Each
10
$185.00
$1,850.00
900
Night Flow Isolation
Each
20
$210.00
$4,200.00
1000
Preparatory Cleaning Total
Linear Foot
11,000
$16,060.00
1000.1
6"-12" Diameter
8,800
$1.25
$11,000.00
1000.2
15"-24" Diameter
1,100
$1.80
$1,980.00
1000.3
30" and Larger Diameter
1,100
$2.80
$3,080.00
1100
CCN Internal Inspection Total
Linear Foot
11,000
$15,675.00
1100.1
6"-12" Diameter
8,800
$1.25
$11,000.00
1100.2
15'-24" Diameter
1,100
$1.65
$1,815.00
1100.3
30" and Larger Diameter
1,100
$2.60
$2,860.00
1200
Air Testing
Each
10
$250.00
$2,500.00
1300
Deflection Testing
Each
10
$225.00
$2,250.00
1400
Project Administration, Management, Supervision, and QA/QC
Each
1
$19,000.00
$19,000.00
1500
Data Evaluation, Analysis and Report
Each
1
$16,000.00
$16,000.00
1700
Training
Day
3
$1,200.00
$3,600.00
Total w7o Optional Task for each of the Phases 2-8
$154,915.00
1600
Establish X, Y, and Z Coordinates
Each
375
$65.00
$24,375.00
Total w/ Optional Task for each of the Phases 2-8
$179,290.00
Note: The per linear foot" cost to perform this work without the flow monitoring and optional task is $1.39 per linear foot
Note: The costs presented for Phases 2-8 are for budget and planning purposes only.
Page 13 Gutierrez, Smouse, Wilmut & Assoc., Inc.
Council Meeting Date: October 28, 2003
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to approve
chemicals from U.S. Filter/Davis Process Products,
in an amount not to exceed $75,000.00.
Item No.
the purchase of Bioxide
of Sarasota, Florida,
ITEM SUMMARY:
In May 1998, Camp, Dresser and McKee, Inc performed a wastewater
odor control study. This study was performed as a result of Hydrogen
Sulfide (H2S) odor complaints in certain areas of the City. The study
evaluated different methods to mitigate the H2S problem with a
recommendation being made to use Bioxide, a product patented by U.S.
Filter. Since July 1999, the City has successfully used Bioxide to
control odor problems.
SPECIAL CONSIDERATIONS:
U.S. Filter is a sole source provider of Bioxide. The U.S.
Filter/Davis Process Products is the only location that bids will be
received and processed for Bioxide.
FINANCIAL IMPACT:
Funds in the amount of $75,000.00 are currently available and will
be paid from the Water Operations and Maintenance budget.
GUS BOARD RECOMMENDATION:
GUS Board recommended approval of the purchase of Bioxide at their
October 21, 2003 Board meeting. Approved 6-0 (Evans Absent)
STAFF RECOMMENDATION:
Staff recommends purchase of Bioxide from US Filter/Davis Process
in the amount of $75,000.
ATTACHMENTS:
Letter from U.S. Filter/Davis Process Products
Submitted By: Jim Briggs, Glenn Dishong
Assistant it Manager, Water Services
Utility Operations
Council Meeting Date: October 28, 2003 Item No.
AGENDA ITEM COVER SHEET
SUBJECT
Consideration and possible action to award the annual bid for Water Meters and
Accessories to National Waterworks.
ITEM SUMMARY
On September 15, 2003, sealed bids were received and opened for Water Meters and
Accessories for the next twelve (12) month period. City staff responsible for reviewing the bid
recommend that the bid be awarded to the only bidder responding, National Waterworks.
The City specified only Precision water meters and other Itron-compatible accessories to
maintain compatibility with the City's automatic meter reading system. Bids were solicited from
several national vendors. However, National Waterworks is the vendor responsible for the
Central Texas area, and the only vendor to respond. They have been the City's meter provider
since the staff decided to use only Precision Meters.
These meters and kits are used for new water service installation, meter replacement, and
meter automation.
SPECIAL CONSIDERATIONS
N/A
FINANCIAL IMPACT
Items will be funded by the Water Operations Fund (approximately $103,000.00
from 660 -108 -5204 -MT) and the Water Capital Fund (approximately $150,000.00 from
661-101-6629-00).
COMMENTS
none
ATTACHMENTS (list individually)
Bid Tabulation
Submitted By:
*Ienn Dishong, Water Services Manager
Jim Briggs, Assistant City Manager
CITY OF GEORGETOWN
Bid 23033
Water Meters and Accessories
October 1 2003 - September 30, 2004
Watermeters & Accessories
Item Stock #
National
Waterworks`
Unit Price
1
345503
Precision Meters3/4' with AMR register for Reed switches & Itron ERTs
$39.75
2
Precision Meters, 3/4' with AMR Encoder ICE register for Itron ERTs with Itron in-line connector
$95.15
3
345502
Precision Meters 3/4" Remote Capable Registers for Reed switches & Itron ERTs
$28.40
4
Precision Meters 3/4" Remote Capable Encoder ICEregister for Itron ERTs with Itron in-line connector
$77.10
5
345504
Precision Meters, 1' with AMR register for Reed switches & Itron ERTs
$96.20
6
Precision Meters1" with AMR Encoder ICE register for Itron ERTs with Itron in-line connector
$143.80
7
345501
Precision Meters 1" Remote Capable Registers for Reed switches & Itron ERTs
$40.80
8
Precision Meters 1" Remote Capable Encoder ICE register for Itron ERTs with in-line connector
$77.10
9
345490
Precision Meters, 1 1/2" with AMR register for Reed switches & Itron ERTs
$187.80
10
Precision Meters, 1 1/2" with AMR Encoder ICE register for Itron ERTs with in-line connector
$231.30
11
Precision Meters 1 1/2" Remote Capable Registers for Reed switches & Itron ERTs
$52.80
12
Precision Meters 1 1/2" Remote Capable Encoder ICEregister for Itron ERTs with in-line connector
$77.10
13
345491
Precision 1 1/2" Meter Accessory Kit
$23.50
14
345492
Precision Meters, 2" with AMR register for Reed switches & Itron ERTs
$395.00
15
Precision Meters, 2' with AMR Encoder ICE register for Itron ERTs with Itron in-line connector
$490.00
16
Precision Meters 2" Remote Capable Registers for Reed switches & Itron ERTs
$52.80
17
Precision Meters 2" Remote Capable Encoder ICEregister for Itron ERTs with Itron in-line connector
$77.10
18
1 345493
1 Precision 2" Meter Accessory Kit
$25.40
19
Sensus Compound Meter, 3" with ECR
$1,540.00
20
Sensus Compound Meter, 3' with Encoder ICE register for Itron ERTs with Itron in-line connector
$1,540.00
21
Sensus Compound Meter 3" Remote Capable Encoder ICEregister for Itron ERTs with Itron in-line oonnectoi
$100.25
22
Sensus Compound 3" Meter Accessory Kit
$18.35
23
Sensus Compound Meter, 4' with ECR
$2,570.00
24
Sensus Compound Meter, 4' with Encoder (ICE)register for Itron ERTs with Itron imine connector
$2,570.00
25
Sensus Compound Meter 4" Remote Capable Encoder ICEregister for Itron ERTs with Itron in-line connecto
$100.25
26
Sensus Compound 4" Meter Accessory Kit i
$26.50
AMR
to be furnished by the bidder
No response:
Water Works Sales
Mid South Supply
Wtr Meters 200310/16/2003
Of
s
Council Meeting Date: October 28, 2003 Item No. D �P
AGENDA ITEM COVER SHEET
SUBJECT=
Consideration and possible action to amend the General Services Agreement
between the City of Georgetown and Camp, Dresser, and McKee (CDM) for engineering
services related to the design of the off-site wastewater improvements for the
Wolf Ranch Project.
ITEM SUMMARYs
The off-site wastewater system improvements required for the Wolf Ranch project
are comprised of 1) South Fork Lift Station, 2) Smith Branch Interceptor, and 3)
South Fork Interceptor. Total costs for all the projects is $401,250.00.
The South Fork Lift Station amendment provides for the design of a new South fork
lift station that is capable of pumping wastewater from the new South San Gabriel
service area. The total cost for engineering services is $147,400.00.
The Smith Branch Interceptor improvements provide for a new force main running
from the South Fork Lift Station, gravity main to Leander Road, gravity main and
bore across IH 35, and upgraded interceptor from IH 35 to Austin Avenue. The
total costs for engineering services is $184,100.00
The South Fork Interceptor improvements provide for a 21" gravity main running
from the South Fork Lift Station to the western boundary of the Wolf Ranch
property. This gravity main establishes the collection system for the South San
Gabriel service area. The total costs for engineering services is $69,750.00.
GUS BOARD RECOMMENDATION:
GUS Board recommended approval for these improvements at their October 21,
2003 meeting. Approved 6-0 (Evans absent)
STAFF RECOMMENDATION:
Staff recommends approval for these improvements at a total cost of
$401,250.00.
SPECIAL CONSIDERATIONS:
None
FINANCIAL IMPACT:
Funds are available in the Wastewater Capital Fund (direct payment has been
made to the fund from Simon Group)
COMMENTS.
None
ATTACHMENTS:
CDM Proposal for engineering services - South Fork Lift Station.
CDM Proposal for engineering services - Smith Branch Interceptor.
CMD Proposal for engineering services - South Fork Interceptor.
Submitted By: Jim Briggs, Glenn W. Dishong
Assistant City Manager Water Services Manager
For Utilities
CD1
12357-A Riata Trace Parkway, Suite 210
Austin,Texas 78727
tel: S12346-1100
fax: 512 345-1483
June 10, 2003
Mr. Glenn Dishong
Water Services Manager
Georgetown Utility Systems
1101 N. College Street
Georgetown, TX 78626
Subject: Transmittal of Amendment to Agreement for Professional Services to
Design the South Fork Wastewater Lift Station Improvements and to
Design the Smith Branch/South Fork Wastewater Interceptor Improvements
Dear Mr. Dishong:
_ Transmitted with this letter are three partially executed copies of the Amendment to the
Agreement between the City of Georgetown and Camp Dresser & McKee Inc. (CDM) for
Professional Services to Design the South Fork Wastewater Lift Station Improvements; and
three partially executed copies of the Amendment to Design the Smith Branch/South Fork
Wastewater Interceptor Improvements. Please fully execute all agreements, and return one
copy of each to us for our files.
If you have any questions regarding this Amendment, please call me at (512) 346-1100.
Sincerely,
Allen D. Woelke, P.E.
Vice President
Camp Dresser & McKee Inc.
W aQty of GeorgetowoW roentlmenls\06-10-03_D ~g SB -SEED[
consulting • engineering -construction -operations
AMENDMENT
TO THE AGREEMENT BETWEEN OWNER AND ENGINEER
FOR PROFESSIONAL SERVICES
TO DESIGN THE SOUTH FORK
WASTEWATER LIFT STATION IMPROVEMENTS
The General Services Agreement between OWNER and ENGINEER last authorized on
November 26, 1991, is hereby amended as follows:
The scope and cost of the anticipated services are set forth it the attached Exhibit 1. The fee for
the work in this Amendment is to be paid on a lump sum basis.
Your signature below will constitute your acceptance of this Amendment.
EXECUTED in duplicate original this _ day of , 2003 at Georgetown, Texas, where
this contract is performable and enforceable.
Approved as to form: Party of the First Part:
CITY OF GEORGETOWN, TEXAS
City Attorney
Party of the Second Part:
CAM DRESSER & M E IN .
By: Allen D. Woelke, P.E.
Vice President
STATE OF TEXAS
COUNTY OF TRAVIS
Gary Nelon
Mayor
Attest:
Sandra D. Lee
City Secretary
This instrument was acknowledged before me on this the � day ofj4jd,&.200by Mr. Allen
D. Woelke in his capacity as Vice President of Camp Dresser & McKee Inc.
Printed name: ; �:;�, Rens
N tory Public, State of Texas Commission Expire 1*i N0 ryR°0o°"TQn'
SEPTEMBER 13.20D
A4272AMD_N98.dx
EXHIBIT 1
SCOPE OF WORK
Project Description: This project consists of the permitting and design of a lift station capable of
pumping wastewater from the South San Gabriel service area to the Smith Branch Interceptor
extension. The lift station will consist of a concrete wet well, submersible pumps, emergency
generator and SCADA system.
Project Need: The project is needed to provide wastewater service to the South San Gabriel
service area including the Simon property.
Preliminary Engineering Phase. This phase involves determination of project scope and
economic and technical evaluation of feasible alternatives. Services during this phase include:
1) Reviewing available data and consulting with the OWNER to clarify and define the
OWNER's requirements for the project.
2) Advising the OWNER as to the necessity of providing or obtaining from others additional
data or services. These additional services may include photogrammetry, reconnaissance
surveys, property surveys, topographic surveys, geotechnical investigations and
consultations, compilation of hydrological data, traffic studies, materials engineering,
assembly of zoning, deed, and other restrictive land use information, and environmental
assessments and impact statements.
The scope of work includes the following special services:
a. Environmental investigation of the site.
b. Archaeological investigation of the site
c. Geotechnical analysis.
d. Geologic assessment.
e. Preparation of SCS and submittal to TNRCC including applicable fees.
3) Identifying and analyzing requirements of governmental authorities having jurisdiction to
approve the design of the project, and participating in consultations with such authorities.
4) Providing analyses of the OWNER's needs, planning surveys, and comparative evaluations
of prospective sites and solutions.
5) Consulting with the OWNER, reviewing preliminary reports, clarifying and defining the
project requirements, reviewing available data, and discussing general scheduling.
Conferences may also be required with approving and regulatory governmental agencies
and affected utilities.
6) Advising the OWNER as to whether additional data or services are required, and assisting
the OWNER in obtaining such data and services.
A4272AMDN99.6oc
7) Preparing preliminary design documents consisting of final design criteria, preliminary
drawings, outline of specifications, and written descriptions of the project. A maximum of
five copies will be provided to the OWNER.
8) Preparing revised opinions of probable total project costs.
9) Preparing a Preliminary Engineering Report to be submitted to TCEQ in support of the SCS
application.
Final Design Phase. This phase of project development is undertaken only after the OWNER has
approved the preliminary engineering phase material. The basic services for the final design phase
includes:
1) Preparing construction drawings and specifications showing the character and extent of the
project based on the accepted preliminary engineering documents.
2) Preparing and furnishing to the OWNER a revised opinion of probable total project costs
based on the final drawings and specifications.
3) Furnishing the necessary engineering data required to apply for regulatory permits from
local, state, or federal authorities. This is distinguished from and does not include detailed
applications and supporting documents for government grant-in-aid or planning grants that
would be furnished as additional services.
4) Preparing basic documents related to construction contracts for review and approval by the
OWNER (and the OWNER's legal and other advisors). These may include contract
agreement forms, general conditions and supplementary conditions, invitations to bid,
instructions to bidders, insurance and bonding requirements, and preparation of other
contract -related documents.
5) Furnishing to the OWNER a maximum of five copies of drawings, specifications, and other
contract documents.
Bidding Phase. Services under this phase include:
1) Assisting the OWNER in advertising for and obtaining bids for each separate prime
construction contract, maintaining a record of prospective bidders to whom bidding
documents have been issued, attending pre-bid conferences, and receiving and processing
deposits for bidding documents.
2) Issuing addenda as appropriate to interpret, clarify, or expand the bidding documents.
3) Assisting the OWNER in determining the qualifications and acceptability of prospective
constructors, subcontractors, and suppliers.
4) When substitution prior to the award of contracts is allowed by the bidding documents,
consultation with and advising the OWNER as to the acceptability of alternate materials and
A4272AMD_N98.doc
equipment proposed by the prospective constructors.
5) Attending the bid openings, preparing bid tabulation sheets, and providing assistance to the
OWNER in evaluating bids or proposals and in assembling and awarding contracts for
construction, materials, equipment, and services.
Construction Phase. Services under this phase involve consulting with and advising the OWNER
during construction and are limited to those services associated with performing as the OWNEWs
representative. Such services comprise:
1) Preparing for and conducting a preconstruction conference and is--uing a Notice to Proceed
on behalf of the OWNER.
2) Reviewing shop and erection drawings submitted by the constructors for compliance with
design concepts.
3) Reviewing laboratory, shop, and mill test reports on materials and equipment.
4) Visiting the project site monthly as construction proceeds to observe and report on the
progress and the quality of the executed work.
5) Issuing necessary interpretations and clarifications of contract documents, preparing change
orders requiring special inspections and testing of the work, and making recommendations
as to the acceptability of the work.
6) Preparing sketches required to resolve problems due to actual field conditions encountered
7) Determining amounts of progress payments due, based on degree of completion of the
work, and recommending issuance of such payments by the OWNER.
8) Preparing record drawings from information submitted by the CONTRACTOR.
9) Making a final inspection and reporting on completion of the project, including
recommendations concerning final payments to constructors and release of retained
percentages.
A4272AMD_N98.dm
CITY OF GEORGETOWN
PROFESSIONAL SERVICES
TO DESIGN THE SOUTH FORK
WASTEWATER LIFT STATION IMPROVEMENTS
ENGINEERING FEE ESTIMATE
•
Preliminary Engineering Phase:
$32,000.00
•
Design Phase:
$51,000.00
•
Bid Phase:
$ 7,500.00
•
General Services During Construction Phase:
$38,500.00
•
Other Direct Costs, including:
$ 3,500.00
Travel
Telephone
Copying/bluelines
Postage/facsimile
Computer time
Total Basic Engineering Services
$132,500.00
•
Environmental
$ 1,000.00
•
Archaeological
$ 2,000.00
•
Geotechnical
$ 3,000.00
•
Construction Material Testing
$ 3,000.00
•
Geologic Assessment
$ 400.00
•
WPAP including Fee
$ 5,500.00
Total Special Services
$14,900.00
TOTAL
$147,400.00
A4272AMD_N98.dm