HomeMy WebLinkAboutAgenda CC 09.23.2003Laura Wilkins To:
09/18/2003 03:48 PM cc:
Subject:
OK - Here is what GUS is supposed to have
Sandra Lee/City of Georgetown@City of Georgetown, Shirley
Rinn/Management Services/City of Georgetown@City of Georgetown
Barbara Lake/City of Georgetown@City of Georgetown, Teri
Nalley/COU/City of Georgetown@City of Georgetown
Agenda for Sept 22 and 23
9/22 EXECUTIVE SESSION - I have already sent captions on these - but if you need them - let me
know
The Flowers Contract renewal
Electric Materials Bid
Power Supply Options for 2004/2005
9/23 EXECUTIVE SESSION
The Flowers Contract renewal
Electric Materials Bid
Power Supply Options for 2004/2005
They will take action on these from Executive Session - so they don't need to be listed on Regular
Session also
9/23 REGULAR SESSION - Items Referred by the GUS BOARD - I have previously sent captions but
they could have changed a little so - SEE CAPTIONS BELOW
Shell Road Realignment and Water Line
Manhole Rehabilitation Project
8th and Church and Golden Oaks WW Rehab
Consideration and possible action to award the bid and approve the project budget for
construction of Shell Road Realignment and Waterline Improvements to Chasco
Contracting of Round Rock, Texas in the amount of $832,500.00 Mark Miller -
Transportation Services Manager, Glenn Dishong - Water Services Manager, and Jim
Briggs - Assistant City Manager for Utility Operations
Review and possible action to award the bid for rehabilitation of manholes to F & L
Concrete Services of League City, Texas and to establish a project budget of
$140,000.00. Glenn Dishong - Water Services Manager, and Jim Briggs - Assistant City
Manager for Utility Operations
Review and possible action to award the bid for the Golden Oaks and the 8th and Church
Street Wastewater projects to Royal Vista, Inc. and to establish a project budget of
$200,000.00. Glenn Dishong - Water Services Manager, and Jim Briggs - Assistant City
Manager for Utility Operations
9/23 REGULAR SESSION - Other Items
OMI Contract for 2003/2004 SEE CAPTION BELOW
OMI - Out -of -Scope Services through October 17, 2003 (this is an extension of this year's contract until
they can nail down the BRA Contract for WW) SEE CAPTION BELOW
Consideration and possible action to enter into a contract with
Operations Management International, Inc. (OMI) to extend the current
operating agreement for the City's Wastewater plants to October 17,
2003 with an estimated cost of $54,742.00.
Consideration and possible action to enter into a contract with
Operations Management International, Inc. (OMI) for a five-year period
starting October 1, 2003 with the first year operating budget of
$775,000.00.
,kg".44�
Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
Tuesday, September 23, 2003
The Georgetown City Council will meet on Tuesday, September 23, 2003 at 06:00:00 PM at the San
Gabriel Breakroom at the Georgetown Municipal Complex, 300 Industrial Avenue, 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 OtricerJack Lacey, Matt Painter, Brian Grubbs, Cause No. 03-113-0368 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 Official 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 -01 4J N, In the United States District Court for the
Western District of Texas, Austin Division.
- Potential Litigation/Settlement Offers
- Legal Advice Regarding Agenda Items and other Matters
B Section 551.086 Economic Development
-Discussion regarding request from Gavumik Builders for Assistance with The River Place Development
C Sec.551.086 competitive matters
- City Council will go into Executive Session under Chapter 551 of the Texas Government Code to discuss matters or
take action on a "competitive matter" of the Energy Services Department as provided for under Section 551.086
- Consideration and possible action to award the annual bid for 2003-2004 to various vendors for the Electric System Materials — Marsha
Iwers, Purchasing Agent, Michael W. Mayben, Energy Services Manager, and Jim Briggs, Assistant City Manager for Utility Operations
- Consideration and possible action to renew the contact with Flowers Construction Comapny, L.P., for electric system maintenance and
construction services — Michael W. Mayben, Energy Services Manager and Jim Briggs. Assistant City Manager for Utility Operations
- Staff update related to Wholesale Power Supply options for the year 2004-2005 -- Michael W. Mayben, Energy Services Manager and
Jim Briggs, Assistant City Manager for Utility Operations
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).
Call to Order
Pledge of Allegiance
City Council Agenda/September 23, 2003
Page 1 of 4 Pages
c
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 Economic Development Commission
G Announcements and Comments from City Manager
H Citizens Wishing to Address Council
- Dr. Jo Ann Ford, 109 Crepe Myrtle Way, regarding the Mission of Mercy to be held November 7, 8 and 9
- Susan Firth, representing the Downtown Georgetown Association and Williamson County Art Guild
regarding the Art Walk to be held on the Downtown Square on October 4 and 5
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.
I Consideration and possible action to approve the minutes of the Council Workshop on Monday, September
8, and the Regular Council Meeting on Tuesday, September 9, 2003 — Sandra Lee, City Secretary
J Consideration and possible action to approve a contract with Lucas Wilson for Municipal Court
Prosecution — Patricia E. Carls, City Attorney
k Consideration and possible action to reschedule the second Council Meeting in December to Tuesday,
December 16, 2003 -- Paul Brandenburg, City Manager
L Consideration and possible action to approve the social service funding agreement between the City of
Georgetown and The Georgetown Project -- Paul E. Brandeburg, City Manager
M Consideration and possible action to authorize the City Manager to execute a contract with Matthew and
Company for the purpose of video taping City Council Meetings in an amount not to exceed $15,000, which
is the amount currently funded in the FY 2003-04 budget -- Paul Brandenburg, City Manager
N Consideration and possible action regarding contract renewal for Software Maintenance Agreement with
Queues Enforth Development, Inc. (Q.E.D.) for $27,535 effective 10/1/2003, one-year annual renewal —
Dennis Schoenborn, Director of Information Technology
O Consideration and possible action to authorize the purchase of network servers, software, and data
communications hardware and supplies from Networking Technologies Resource Center through the
State of Texas catalogue -- Dennis Schoenborn, Director of Information Technology
P Consideration and possible action regarding annual contract renewal for Invision Maintenance
Agreement with Incode, Inc. — Micki Rundell, Director of Finance and Administration and Dennis
Schoenborn, Director of Information Technology
Q Consideration and possible action regarding the purchase of Cisco Wireless Network Backup System
from Verizon Communications utilizing funds received from CWICS (County Wide Integrated
Communication System) in the amount of approximately $40,000. — Dennis Schoenborn, Director of
Information Technology and Micki Rundell, Director of Finance and Administration
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
R Status update of the Churchill Farms property tax issue by the County Tax Assessor Collector's Office --
City Council Agenda/September 23, 2003
Page 2 of 4 Pages
0S
Micki Rundell, Director of Finance & Administration
S Consideration of and possible action on a Public Review Final Plat of 15.62 acres in the Joseph Fish
Survey, to be known as Georgetown Village, Section Eight, located along Shell Road with a variance
requested from the Subdivision Regulations — Carla Benton, Development Planner and Amelia Sondgeroth,
Director for Planning and Development Services
T Consideration and possible action on a Reinstatement of a Public Review Final Plat of 57.14 acres in the
Joseph Puls fer Survey, to be known as River Chase II, located at the end of River Chase Blvd., with
reinstatement of the variance to the Subdivision Regulations -- Carla Benton, Development Planner and
Amelia Sondgeroth, Director for Planning and Development Services
U Consideration and possible action on a Preliminary Plat of 104.611 acres in the Clement Stubblefield
Survey to be known as Wolf Ranch Subdivision, located at State Highway 29 West and IH35 — Cada
Benton, Development Planner and Amelia Sondgeroth, Director for Planning and Development Services
V Second Readinas
1. Second Reading of an Ordinance amending Section 2.109.030 of the Code of Ordinances, entitled
"Purpose" to revise the duties of the Georgetown Utility Systems Advisory Board —
Councilmember Doug Smith
2. Second Reading of an Ordinance Rezoning 20.3 acres known as the Rivery, Phase 1, Block A,
Lot 1 from OF, Office district and C-3, General Commercial district to PUD, Planned Unit
Development, located west of Hacia Los Lobos Boulevard — Bobby Ray, Chief Development
Planner and Amelia Sondgeroth, Director of Planning and Development Services
3. Second Reading of an Ordinance Rezoning Part of Lots 3 and 4 of Block 10 of the Glasscock
Addition from RS, Residential Single Family to C-2, Downtown Commercial, or more restrictive
district, located at 712 Myrtle Street -- Bobby Ray, Chief Development Planner and Amelia
Sondgeroth, Director of Planning and Development Services
4. Second Reading of an Ordinance of a Century Plan Amendment to change from Intensity Level
3 to Intensity Level 4 for Glasscock Addition, Block 10, part of Lots 3 and 4 being 0.25 acres, to
be known as First Presbyterian Church, located at 712 Myrtle Street— David Munk,
Development Engineer and Amelia Sondgeroth, Director of Planning and Development Services
W Public Hearinas / First Readinas
1. Public Hearing for a Rezoning of .2634 acres out of Block 69 of the Lost Addition from RS,
Residential Single-family District to OF, Office District, located at 216 West University Avenue --
Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and
Development Services
2. First Reading of an Ordinance Rezoning .2634 acres out of Block 69 of the Lost Addition from
RS, Residential Single-family District to OF, Office District, located at 216 West University
Avenue -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning
and Development Services
Public Hearinas /Annexations
1. Second Public Hearing on 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
2. Second Public Hearing on an ordinance providing for the annexation into the City for 0.484 acres,
more or less, in the Clement Stubblefield Survey, located .49 miles southwest corner of the
Intersection of 11-135 and State Highway 29 and setting hearing dates — Ed Polasek, Chief Long
Range Planner and Amelia Sondgeroth, Director of Planning and Development Services
3. Second Public Hearing on an ordinance providing for the for the annexation into the City for 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
City Council Agenda/September 23, 2003
Page 3 of 4 Pages
Amelia Sondgeroth, Director of Planning and Development Services
4. Second Public Hearing on an ordinance providing for the annexation into the City for 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
5. Second Public Hearing on an ordinance providing for the annexation into the City for 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
Y Discussion and possible action to adopt the recommendations of the City of Georgetown Facility Plan —
Tom Yantis, Assistant City Manager of Operations
Discussion and possible action to authorize staff to negotiate a contract with GRW Willis, Inc. for
completion of an update to the Georgetown Municipal Airport Master Plan -- Tom Yantis, Assistant City
Manager of Operations
AA Discussion and possible action regarding a request from the Downtown Georgetown Association to
waive the special event fees with regard to the Art Walk which is to be held on October 4-5, 2003 --
Shannon J. Baldridge, Tourism Director and Main Street Manager and Paul Brandenburg, City Manager
BB Review and possible action to award the bid for the Golden Oaks and the 8th and Church Street
Wastewater Projects to Royal Vista, Inc. and to establish a project budget of $200,000.00 -- Glenn
Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
CC Review and possible action to award the bid for rehabilitation of manholes to F & L Concrete Services of
League City, Texas, and to establish a project budget of $140,000.00 — Glenn Dishong, Water Services
Manager and Jim Briggs, Assistant City Manger for Utility Operations
DD Consideration and possible action to enter into a contract with Operations Management International,
Inc. (OMI) for the operation of the City's water plants for a five-year period starting October 1, 2003, with
the first year operating budget of $775,000.00 -- Glenn Dishong, Water Services Manager and Jim Briggs,
Assistant City Manager for Utility Operations
EE Consideration and possible action to enter into a contract with Operations Management International,
Inc. (OMI) to extend the current operating agreement for the City's wastewater plants for October 2003
with an estimated cost of $90,706.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant
City Manager for Utility Operations
FF Consideration and possible action to award the bid and approve the project budget for construction of
Shell Road Realignment and Waterline Improvements to Chasco Contracting of Round Rock in the
amount of $832,500.00 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City
Manager for Utility Operations
Certificate of Posting"
I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of
Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all
times, on the day of , 2003, at , and remained so posted for at
least 72 continuous hours preceding the scheduled time of said meeting.
Sandra Lee, City Secretary
City Council Agenda/September 23, 2003
Page 4 of 4 Pages
r]
Council Meeting Date: September 16, 2003 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Review and possible action to award the bid for the Golden
Oaks and the 8th and Church Street Wastewater projects to Royal
Vista, Inc. and to establish a project budget of $200,000.00.
ITEM SUMMARY:
The Golden Oaks portion of this project is for the purpose of
taking the Golden Oaks Lift Station out of service and diverting
flow by gravity to the Pecan Branch Interceptor. The 8th and Church
Street portion of this project will include installation of a new
wastewater main down Church Street between 7th and 8th Streets. The
main will replace an aging, defective clay line that is not
functioning at capacity for the downtown area.
Bids were received from eight contractors on this project at
9:00 a.m., September 16, 2003. Royal Vista, Inc. was selected
because the low bidder, Tecom UST Systems, was unable to meet the
necessary qualifications for the project.
Staff recommends establishing a project budget of $200,000.00.
GUS BOARD RECOMMENDATION:
,= Board recommends to Council award of the bid to Royal Vista
At their meeting of September 16, 2003. Approved 6-0 (Brown
absent)
STAFF RECOMMENDATION:
Staff recommends award of the bid from Royal Vista, Inc. and
to establish a project budget in the amount of $200,000.00
FINANCIAL IMPACT:
Project is to be funded out of wastewater capital accounts
651-101-6613-00 and 651-101-6620-00.
COMMENTS:
None.
ATTACHMENTS:
RPK award recommendation letter and bid tab
tted by: Jim ri Glenn Dishong,
A s ty Manager Water Services Manager
For Utiliti
A
Council Meeting Date: September 16, 2003 Item No.
CC -
AGENDA ITEM COVER SHEET
SUBJECT:
Review and possible action to award the bid for rehabilitation
of manholes to F & L Concrete Services of League City, Texas and to
establish a project budget of $140,000.00.
ITEM SUMMARY:
The manhole rehabilitation project is necessary to repair
manholes located in the Airport Road area that have deteriorated to
the point of failure. These manholes are located on the Sun City
interceptor. Additional manhole work is required as a result of
the State mandated Edward's Aquifer Testing program. The repairs
will reestablish structural integrity and eliminate ground water
inflow and wastewater exfiltration.
Staff recommends establishing a project budget of $140,000.00.
GUS BOARD RECOMMENDATION:
Board recommends to Council the award of the bid from F&L
Concrete Services a their September 16, 2003 meeting.
Approved 6-0 (Brown absent)
STAFF RECOMMENDATION:
Staff recommends award of the bid from F&L Concrete Services
and to establish a project budget of $140,000.00
FINANCIAL IMPACT:
Project is to be funded out of the Wastewater Capital Fund and
the Wastewater Maintenance Fund. 650 -110 -5204 -MH and 651-101-6618-
00.
COMMENTS:
None.
ATTACHMENTS:
Bid tabulation.
tted by:
Utilities
Manager
Glenn Dishong, U
Water Services Manager
BID TABULATION
2003 Manhole Rehabilitation Project
BIDDER INFORMATION
F & L Concrete Services
P.O. Box 636
League City, TX 77574
CLS Service and Supply, Inc.
726 South Sherman Street
Richardson, TX 75081
Item
No.
Estimated
Quantity
I Unit
Bid Data Description
Unit Price
Unit Price
S.1
61
I VF
Interior Manhole Coating - Brick or Concrete, 48"
Dia. Condition 1 - Epox Linin Material - 100 its
$7,015.00
$9,272.00
S.2
276
VF
Intenor an o e oating - nck or 0 crete, 48"
Dia. Condition 2 - Epoxy Lining Material - 125mils
$33,120.00
$47,472.00
S.3
376
VF
Interior Manhole Coating - Brick or Concrete, 48"
Dia. Condition 3 - Calcium Aluminate Coatin
Material - 1 inch + epoxy Lining Material - 125 mils
$79,712.00
$77,080.00
S.4
100
VF
Interior Manhole Coating - Brick or Concrete, 48"
Dia. Condition 3 - Calcium Aluminate Coating
IMaterfal - additional 1/2 inch.
$2,500.00
$3,200.00
S.5
20
1 EA
lRecontour Manhole Bench/Invert (complete)
$3,000.00
$2,000.00
S.5
5
EA
Rebuild Mnahole Bench complete
$3,000.00
$1,250.00
TOTAL BASE BID AMOUNT $128,347.00 $140,274.00
FA
Council Meeting Date: September 23, 2003 Item No. 1'� –\)_
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to enter into a contract with
Operations Management International, Inc. (OMI) for a five-year period
starting October 1, 2003 with the first year operating budget of $775,000.00.
ITEM SUMMARY:
The City Council voted to award the contract for the operation
of the City's water plants to OMI in its August 12, 2003 meeting.
The staff has negotiated the terms of the contract included in the
OMI proposal. The term of the contract is 5 years starting on
October 1, 2003 and ending on September 30, 2008. The base price
for operations and maintenance for fiscal year 2003/2004 offered by
OMI in its proposal has remained the same. The City has requested an
increased in the repairs budget from $33,300.00 to $50,000.00 and an
increase in projected water treatment from 3,019 MG to 3,150 MG with
some contingency for additional water production. The price in
future years is subject to pre -established price indexes, scope
change, and increase in repairs budget.
The Staff recommends the Water Plant Operations Budget for
2003-2004 be set at $775,000.00.
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT:
Funding for this contract will be from the Water Fund 660 -109 -5302 -
1
STAFF RECOMMENDATION:
Staff recommends the approval of the contract with OMI and the
first year operating budget of $775,000.00.
GUS BOARD RECOMMENDATION:
NONE
COMMENTS:
NONE
ATTACHMENTS:
1. OMI Water P1 t
Submitted By:i Bri
eA?rista
Uti
Operation Contract.
t
ty Manager
--- — ... t_1
Water Services Manager
DRAFT 9.19.2003
AGREEMENT
for
MUNICIPAL WATER TREATMENT PLANT OPERATIONS, MAINTENANCE AND
MANAGEMENT SERVICES
for the
CITY OF GEORGETOWN, TEXAS
THIS AGREEMENT is made on this day of 2003 between the City of
Georgetown, Texas (hereinafter "City"), a Texas home rule municipality, and Operations
Management International, Inc., (hereinafter "OMI"), a Corporation.
City and OMI are collectively referred to herein as "the Parties."
WHEREAS, City is the owner and operator of a municipal water supply system that
presently consists of four water treatment plants and the associated appurtenances; and
WHEREAS, City desires to outsource the operations, management, maintenance and repair
of its water 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 water
treatment facilities to OMI.
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 "OMI" 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
Water Services. The Project Manager for OMI under this Agreement is Maribeth
Wintercom. Any changes in the Project Manager shall be provided to the other
XAMy Dacum ts\Projau\Gps RFP\OMI Contract\OMI Contract for Watcr Plant Ops 9.19.2003 - GLENN EDrr - dean.doc - I -
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DRAFT 9.19.2003
party in the manner required for notices under this Agreement, and consistent with
Section 2.23 of this Agreement.
2. OMI's DUTIES AND RESPONSIBIL=S:
Throughout the term of this Agreement, OMI shall:
2.1 Perform the Project scope (as that defined in Appendix B) for 24 -hours per day,
7 -days per week in accordance with the terms and conditions specified in this
Agreement and in Appendix C, and as required to be in full compliance with all
Applicable Laws. OMI 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 OMI 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 recommendation at intervals consistent with the manufacturer's
recommendations and as may be directed by the City. OMI shall provide the City
with a monthly report containing a description of all Maintenance performed and 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 OMI for a period of thirty (30) days, unless the City
has been informed of and has approved of such delay.
2.5 Provide the City with a monthly report containing a detailed description of all
Repairs made, associated cost, and the total Repairs B udget u tilized to date. In
addition, OMI shall notify City when eighty (80%) percent of the Repairs Budget
has been spent or encumbered.
2.6 OMI shall 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 plus any amounts in excess of the Repairs Budget that were pre -
approved by the City in writing.
XAMy Documents\Prcjects\Aps RFP\OMI Cmtmct\OMI Contract for Water Plant Ops 9.19.2003 - GLENN EDIT- clan.doe - 2 -
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DRAFT 9.19.2003
2.7 OMI and City shall reconcile the Repairs Budget as part of the final monthly
payment in the agreement year with remaining funds reducing the final monthly
payment and any approved expense in excess of the Repairs budget increasing the
final monthly payment as provided in Appendix G.
2.8 Maintain all manufacturer warranties on all Equipment purchased or owned by City
and assist City in enforcing Equipment warranties and guarantees.
2.9 Provide training for OMI personnel and agents in areas of Project and Facility
operation, maintenance, safety, supervisory skills, laboratory, and energy
management. OMI shall ensure that its employees, agents, sub -contractors, and
those acting under its management and supervision shall comply with all Applicable
Laws.
2.10 Pay all Costs necessary for Project and Facility operations and maintenance, except
for those described in Section 3 of this Agreement to be paid directly by the City.
2.11 At the request of the City, ONE shall provide detailed description and accounting of
all Costs expended in a form and manner acceptable to the City's internal Finance
Director and independent auditors.
2.12 In the event that an Abnormal Condition occurs, OMI shall immediately notify the
City and request a meeting to discuss a response to such Abnormal Condition.
When a course of action in response to the Abnormal Condition is decided upon,
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.
2.13 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 municipal
water treatment operations and maintenance and are capable and demonstrate
experience necessary to operate and maintain the facilities.
2.14 OMI shall provide a personnel contact list on the anniversary date of this
Agreement that includes the full name, home address, office phone, home phone,
cell phone, e-mail addresses, fax number, and any other contact information for all
employees, subcontractors, consultants, or others who will be utilized to perform all
or part of the requirements of this Agreement, including on-call personnel, for the
upcoming twelve (12) month period. As the information on the contact list
changes, OMI shall provide prompt updates to the office of the Water Services
Manager. The initial ONE personnel contact list is attached hereto as Appendix
2.15 ONE shall provide all personnel, tools, Equipment, materials, and supplies
XAMy DocumentsTrojects\ops RFPtOMI Contr=60MI Contract fm Water Plant Ops 9.191003 - GLENN EDI' - clan.doc - 3 -
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DRAFT 9.19.2003
necessary to perform the Project and required to comply with the performance
standards and Applicable Laws referenced in this Agreement.. Notwithstanding
the items owned and provided by City as listed on Appendices D, OMI shall be
responsible for providing Equipment necessary to perform the services and
activities required by this Agreement.
2.16 Prepare all documents and reports required by any Applicable Law related to the
Facilities, including but not limited to Monthly Operating Reports, and submit these
to the City in a timely fashion allowing the City 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. Upon review and approval the City
shall submit the report to the appropriate regulatory agency. At request of City,
OMI shall provide historical treatment performance data. OMI shall also provide
other special reports requested by City, including regulatory agency orders for
information, permit renewals, audits, and other reasonable City requests. OMI shall
maintain the records and reports pertaining to the Project on the site of the Lake
Georgetown W ater T reatment P lant, o r a s o therwise s pecified by City, or in the
manner required by any Applicable Laws.
2.17 Provide for the disposal of sludge to the existing disposal sites. Should the disposal
costs for sludge increase to an amount in excess of $14.50 per ton, or availability of
a disposal site change resulting in an increase in disposal fees in excess of $14.50
per ton, City and OMI agree to meet and negotiate an increase in the Volumetric
Fee for such sludge disposal services based on the actual cost increases only (with
no mark up). City agrees that it is the Generator of all sludge, biosolids or other
material produced at the Project that may be classified as solid or municipal wastes.
2.18 Perform all laboratory sampling and 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, City and OMI
agree to meet and negotiate an increase in the Base Fee for such testing and
analytical and reporting services based on the actual cost increases only (with no
mark up).
2.19 Provide an annual inventory of all non -reusable materials and supplies related to
the performance of OMI's obligations under this Agreement, which would be
returned to the City in the event that this Agreement is terminated, expires, or is not
renewed. This annual inventory shall be performed in accordance with the
procedures provided to OMI by the City's independent auditor. Further, the City's
auditor may, as the City determines necessary, verify the inventory counts provided
by OMI in the annual inventory. OMI shall submit a final report to the City
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detailing same, including pricing, calculating the extended prices, and totaling the
inventory counts on or before September 30 of each year this Agreement is in
effect. Upon termination or expiration of the Agreement, OMI will conduct a final
inventory and provide the City with a report detailing total inventory on hand at the
date of termination or expiration.
2.20 Provide for the Maintenance and Repair of the existing City owned Equipment
listed in Appendix D.
2.21 Provide twenty-four (24) hour per day access to Project and to the Facilities for
City's personnel. Visits may be made at any time by any of City's employees so
designated by City's Representative. Keys for Project shall be provided to City by
OMI. If visitors request access to or a tour of the Facilities, OMI shall promptly
inform the City and the City shall determine whether OMI is to accompany the
visitor, or whether a City employee is to accompany the visitor.
2.22 Operate all Facilities such that no nuisance conditions shall occur on-site or off-site.
2.23 Provide computerized maintenance, process control, and laboratory management
systems that are compatible with the City's computer systems.
2.24 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. Proposed schedule for construction of the improvement
OMI will not be relieved of its responsibility to perform if the improvements are not
implemented. City -approved improvements will be included in the City's Capital
Improvements Plan.
2.25 Finance Capital Expenditures i f requested and authorized by the City, subject to
mutually agreeable terms and conditions of repayment.
2.26 Comply with the policies of City regarding affirmative action provisions for
minority hiring.
2.27 Request C ity c oncurrence o n a ny r eplacement o f 0 MPs P roject M anager. City
shall not unreasonably withhold concurrence.
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2.28 Perform Additional Services as directed by City. Such services will be invoiced to
City at OMTs actual cost plus fifteen percent (15%). The City may also, in its sole
discretion, seek competitive bids or proposals for such Additional Services.
3. C1TY's DITTIES AND RESPONSIBILITIES:
Throughout the term of this Agreement, the City shall:
3.1 Consider all Capital Expenditures proposed by OMI.
3.2 Maintain all existing easements, permits, and licenses that have been granted to City
pertaining to the Facilities.
3.3 Pay all property, fianchise, permit fees or other taxes associated with the Project.
3.4 Provide OMI the temporary use of any piece of City's heavy Equipment that is
available so that OMI may discharge its obligations under this Agreement in the
most cost-effective manner.
Provide all licenses and inspections for City -owned vehicles used in connection with the Project.
Provide for OMPs use all vehicles and Equipment described in Appendix D.
3.7 Pay directly all electrical costs associated with the Project.
4. COMPENSATION AND PAYMENT
4.1 City shall pay to ONE as compensation for services performed under this
Agreement a Base Fee in equal monthly installments as provided in Appendix G.
The monthly fee shall be payable on the fifteenth (15th) of the month following the
month that services are provided.
4.2 Changes in the Base Fee shall be negotiated annually, four (4) months prior to the
anniversary of the effective date of this Agreement by using the process outlined in
Appendix F to amend Appendix G.
4.3 City shall pay to OMI a Volumetric Fee in equal monthly installments as provided
in Appendix G based upon an estimate of the number of gallons of finished water to
be produced during the Contract Year multiplied by a Volumetric Rate. The
monthly fee shall be payable on the fifteenth (15th) of the month following the
month that services are provided.
4.4 The Volumetric Rate and the number of gallons of finished water to be produced
shall be negotiated annually, four (4) months prior to the anniversary of the effective
date of this Agreement by using the process outlined in Appendix F to amend
Appendix G.
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4.5 Request by City for services outside the scope of services described in Appendix B
shall be invoiced to City at OMI's cost plus fifteen percent (15%).
4.6 In the event that a change in the scope of services described in Appendix B during
the contract year is desired by the City or required by a change in regulation, then
the City and O NH w ill n egotiate a c hange t o t he B ase F ee o r V olumetric fee a s
appropriate.
4.7 City shall pay OMI the Repairs Budget as outlined in Appendix G during the first
monthly billing.
5. INDEMNITY, LIABILITY AND INSURANCE
5.1 OMI hereby agrees to and shall hold City harmless from any liability or damages for
property d amage or bodily injury, including death, which may arise from OMPs
negligent operations under this Agreement, to the proportion such negligence
contributed to the damages, injury or loss, whether such negligent operation be by
OMI or by subcontractor of ONE
5.2 OMI 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 OWs negligent operation. City may, but is not
obligated to, assist OMI in contesting any such fines in administrative proceedings
and/or in court prior to any payment by ONE OMI shall pay the costs of contesting
any such fines.
5.3 OMPs liability to City under this Agreement specifically excludes any and all
indirect, special or consequential damages arising from the operation, maintenance,
and management o f Project o r the Facilities, unless c aused by the negligence of
OMI. Damages limited to the proportion that such negligence contributed to the
loss.
5.4 Each party shall obtain and maintain insurance coverage of a type and in the
amounts described in Appendix E. OMI affirms that the required insurance will be
maintained in full force throughout the term(s) of this Agreement and that the City
will be identified as an additional insured, except as otherwise stated in Appendix
E. Further, to the extent received by the City, the proceeds of insurance of OMI
shall be applied to reduce, but shall not eliminate, any other obligations of OMI
under this Agreement and OMI shall pay any and all deductibles or retentions under
all insurance carried by ONE
OMI 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.
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The cancellation either by the insured or the insurer of any portion of the
insurance required to be carried by OMI 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 OMI 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 right to prohibit ONE from subsequently entering the Facilities'
grounds and/or Project. In the alternative, if acceptable insurance is not acquired
by OMI, the City may, at its discretion, acquire the required insurance coverage
and charge the expense for such coverage to OMI, by reducing the Base Fee paid
hereunder as set forth in Appendix F.
OMI hereby waives any and every claim which arises or may arise in its favor
against the City for any an all loss of or damage to any of its property, which loss
or damage is covered by property or casualty insurance policies, to the extent that
such loss or damage is recoverable under said insurance policies regardless of
whether due to the negligence or intentional misconduct of the City or otherwise.
Said waivers shall be in addition to, and not in limitation or derogation of, any
other waiver or release contained in the Agreement with respect to any loss of or
damage t o p roperty o f t he p arties h ereto. I nasmuch a s t he above waivers will
preclude the assignment of any aforesaid claim by way of subrogation (or
otherwise) to an insurance company (or any other person), OMI hereby agrees
immediately to give to each insurance company which has issued to it policies of
property or casualty insurance written notice of the terms of said waivers, and to
have said insurance policies properly endorsed, if necessary, to prevent the
invalidation of said insurance coverage by reason of said waivers.
OMI shall cause its list of City approved sub -contractors to procure insurance
covering the liabilities noted above, under policies in form, and amounts the same
as OMI and with insurance companies acceptable to the City. OMI will obtain
such policies or certificates and deliver them to the City. If acceptable insurance
is not acquired by OMI or its subcontractors, the City may, at its discretion,
acquire the required insurance coverage and charge the expense for such coverage
to OMI, by reducing the Base Fee paid hereunder as set forth in Appendix F, or
hold OMI 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 E, shall be maintained without
a reduction in or narrowing of coverage during the course of the services and for
at least one (1) year following the termination of this Agreement. The required
insurance or self insurance shall be so maintained at OMI's expense. The
required insurance or self insurance shall provide coverage for the acts and
omissions of OMI, its agents, employees, contractors and sub -contractors. OMI
shall prevent any gap in coverage during the course of the services related to this
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Project and for one (1) year thereafter by either extending the present policy to
cover the time period before a new policy is obtained or purchasing a new policy
which relates back to cover the appropriate time period.
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
OMI may be required in resolving the claim. In this regard, OMI shall
immediately notify the City of any occurrence or situation that might give rise to a
claim due to accident, property damage or loss. .
5.6 Each party recognizes that OMI is an independent contractor and all employees at
the facilities are employees of ONE
5.7 OMI shall perform its services in accordance with all Applicable Laws.
5.8 A. OMI shall indemnify, defend and hold harmless the City, including its
officers, agents and representatives, from and against any and all lawsuits, claims,
liabilities, actions, causes of action of every kind whatsoever, demands, losses,
damages, forfeitures, penalties, fines, costs and expenses, including, but not
limited to, reasonable legal fees and expenses and costs of investigation, by
whomever asserted, including, but not limited to, any governmental agency or
branch or any third party to the extent the same arise from: (i) a breach by ONE
of any term or provision of this Agreement; (ii) any negligent or willful acts or
omissions of OMI or of its employees, agents or subcontractors in the
performance of the services related to the Project and/or covered by this
Agreement; or (iii) the failure of OMI or its employees, agents or subcontractors
to comply with any Applicable Law. The indemnities contained in this paragraph
shall survive the termination of this Agreement.
B. OMI shall indemnify, defend and hold harmless the City, including its officers,
agents and representatives, from and against any and all lawsuits, claims,
liabilities, actions, causes of action of every kind whatsoever, demands, losses,
damages, forfeitures, penalties, fines, costs and expenses, including, but not
limited to, reasonable legal fees and expenses and costs of investigation, arising
from any injury or death of an employee of OMI, contractor or sub -contractor
employed or retained by OMI, or employee of contractor employed or retained by
OMI; however, this paragraph shall not apply to the City to the extent that such
injury or death resulted in whole from the gross negligence or willful misconduct
of the City. The indemnities contained in this paragraph shall survive the
termination of this Agreement.
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C. OMI shall be liable without regard to any dollar limit for those fines or civil
penalties which may be imposed by any regulatory agency for any violations
related to the Facilities and/or the Project that are a result of failure to comply
with any Applicable Laws for reasons resulting from OMI's negligence or
misconduct, or the negligence or misconduct of OMI's officers, employees,
agents, subcontractors, or other persons. City will assist OMI to contest any such
fines in administrative proceedings and/or in court prior to any payment by OMI.
OMI shall pay all costs or contesting any such fines, including attorneys and
consultants' fees incurred by OMI and/or the City.
5.9 OMI is solely responsible for handling and use of hazardous materials and
informing employees of any such hazardous materials. OMI shall provide copies
of all hazardous materials data sheets to the Georgetown Fire Department marked
attention: Fire Marshall.
6. TERM AND TERMINATION; DEFAULT REMEDIES
6.1 The term of this Agreement shall be five (5) years commencing on October 1, 2003
and continuing until September 30, 2008. There shall be no automatic renewal of
this Agreement. However, the Agreement may be renewed on the mutual written
agreement of the Parties for different or additional terms. If the Parties desire to
discuss possible renewal of this Agreement, they shall arrange to meet to commence
discussions on or before February 1 of the final year of the Agreement. So long as
the City has outstanding any obligations with respect to the Project, the interest on
which is exempt from federal income taxation, any such renewal shall be on terms
that satisfy Revenue Procedure 93-19 and any additional modification or additions
thereto which may be in effect at the time such renewal is executed.
6.2 Either party may terminate this Agreement for a material breach of the Agreement
by the other party after giving written notice of breach and allowing the other party
thirty (30) days to correct the breach. In addition, the City may terminate this
Agreement if, in its sole discretion, it determines that the level of performance by
ONE under this Agreement is not satisfactory. Neither party shall terminate this
Agreement without giving the other party thirty (30) days written notice of the
alleged breach and of intent to terminate after failure of the other party to correct the
breach within thirty (30) days.
6.3 Upon notice of termination by City, OMI shall assist City in resuming operation of
the Project. In addition, City shall pay to OMI the unpaid balance of any approved
Capital Expenditure. If additional Cost is incurred by ONE at request of City, City
shall pay ONE such Cost in accordance with Section 2.23 of this Agreement.
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LABOR DISPUTES
7.1 In the event activities by City's employee groups or unions cause a disruption in
OMPs ability to perform at the Project, City, with OMPs assistance or OMI, at its
own option, may seek appropriate injunctive court orders. During any such
disruption, OMI shall operate the facilities on a best-efforts basis until any such
disruptions cease.
8. MISCELLANEOUS
8.1. Force Majeure. 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. Abnormal Conditions. Notwithstanding any other provision of this Agreement,
OMI will use its best efforts to maximize the Facilities' performance, but shall not
be responsible for associated water characteristics or damages, fines, penalties or
claims resulting therefrom. OMI shall 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 after influent returns to acceptable limits.
8.3. 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.
8.4. Modification. This Agreement shall be subject to change or modification only with
the mutual written consent of the City and OMI.
8.5. Addresses and Notices. Unless otherwise notified in writing by the other, the
addresses of ONE and the City are and shall remain as follows:
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The City of Georgetown OM1, Inc.
Attn: City Manager 6060 S. Willow Drive, Suite 2000
113 E. 8 Street Greenwood Village, Colorado 80111
Georgetown, Texas 78726
8.6. Time of the Essence. Time is of the essence with respect to all matters covered by
this Agreement.
8.7. 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.
8.8. Status of OMI. It is agreed by the Parties that OMI will be regarded as an
independent contractor on all matters pertaining to services provided under this
Agreement, and OMI 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.
8.9. CCa tions. 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.
8.10. Assignment. This Agreement may not be assigned by OMI 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 OMI shall be obligated by
contract with OMI and the City to honor OMI'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.
8.11. Successor Rights and Responsibilities. In the event of any occurrence which renders
OMI incapable of performing under this Agreement, any successor of OMI, whether
the result of legal process, assignment, or otherwise, shall succeed to the rights and
obligations of this Agreement. In the a vent o f a ny o ccurrence w hich r enders t he
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.
8.12. 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.
8.13. Scone of the Agreement. This is the entire Agreement between the Parties hereto.
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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.
8.14. 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.
8.15. 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 1 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.
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Both parties indicate their approval of this Amendment to the Agreement by their signatures below,
as of the date shown above.
Authorized signature:
OPERATIONS MANAGEMENT
INTERNATIONAL, INC.
Name: Edward F. Forbes
Title: Executive Vice -President/
Project Delivery
Date:
Attest: City of Georgetown, Texas 78626
Name: Sandra Lee
Title: City Secretary
STATE OF TEXAS
COUNTY OF WILLIAMSON
Authorized signature:
CITY OF GEORGETOWN, TEXAS
Name: Gary Nelon
Title: Mayor
Name: Patricia E. Carls, Brown & Carls, LLP
Title: City Attorney
§ ACKNOWLEDGMENT
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
6itof Georgetown, on behalf of the City of Georgetown.
Notary Public in and for the State of Texas
STATE OF COLORADO §
§ ACKNOWLEDGMENT
COUNTY OF ARAPAHOE §
This instrument was acknowledged before me on this the _ day of
2003, by , a person known to me in his
capacity as of Operations Management International, Inc..
Notary Public in and for the State of Colorado
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Appendix A
DEFINITIONS
"Applicable Laws" means each and every federal, State, and local law, statute, rule, regulation,
ordinance, permit, administrative order, judicial order, or settlement agreement that pertains to the
services required to be performed by OMI under this Agreement related to the Project and the
Facilities, including but not limited to those pertaining to water treatment, contaminant
monitoring, and reporting and those in the Texas Water Code, the Texas Health & Safety Code,
the Safe Drinking Water Act, and the Occupational Safety and Health Act.
"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 OMI under this
Agreement.
"Facilities" means those components of the Project described on Appendix B, and any additions
thereto made during the term of this Agreement.
"Equipment" means tools, machinery, and other Equipment necessary to perform the tasks required
by this Agreement.
"Contact Person" means the individual for each party who is responsible for the administration of
this Agreement.
"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.
"Costs" means reasonable and necessary Project expenditures required for the provision of services
under this Agreement, which shall be borne by OMI as part of its compensation under this
Agreement, as determined in accordance with generally accepted accounting principles on an
accrual basis including, but not limited to, the following:
• Salaries
• Budgeted Overtime
• Maintenance Supplies
• Equipment Rental
• Vehicle Expense
• Uniform Expense
• Safety Supplies
• Testing
• Consulting fees
• Tools
• Chemicals
• Benefits
• Postage
• Laboratory Supplies
• Laboratory Equipment
• Fuel
• Insurance
• Sub -contracting fees to
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• Training • Employee Bonuses perform contract services
• Operating Supplies • Labor • Telephone and Fax
The Costs under this Agreement are based on the Project characteristics described in Appendix B
and Appendix C.
"Maintenance" m eans t he c ost o f t hose r outine a nd/or r epetitive p roactive a ctivities r equired o r
recommended by the City, a manufacturer, or OMI to maximize the service life or operation of the
Equipment, vehicles, and Facilities or components thereof. In addition, the term means the
scheduled or unscheduled activities performed on a regular basis to keep Equipment and Facilities
operating safely and effectively and to minimize or overt unforeseen failures.
"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.
"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.
"Repairs Budget" means the amount, if any, of the cost of those materials and supplies used by
OMI to make Repairs or Replacement as described in Appendix A of this Agreement.
"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.
"Abnormal Conditions" Notwithstanding any other provision of this Agreement, any condition
where if through no fault of OMI, the Facilities' loading exceed Facilities' design parameters or
should influent contain abnormal, toxic, or other substances which cannot be removed or treated by
existing Facilities, or should the flow or conditions exceed the design parameters of the Facilities,
or should product water contain abnormal, toxic or other substances which violate the applicable
legal limits.
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Appendix B
PROJECT SCOPE
The Project shall consist of the management, operations, maintenance, repair and inspection of the
following Facilities, as well as related Equipment and components, as specified in this Agreement.
Such operations, Maintenance, Repairs, Replacements, shall include, but are not limited to: (1) all
activities that are necessary for uninterrupted operation of the Facilities or related Equipment; and
(2) those activities required to fully comply with all Applicable Laws. Facility shall generally
include all equipment and components within the site boundary except the wells or intake
structures that provide raw water to the treatment facility and any component that is encountered
after the plant clearwell (i.e. high service pumps, etc.)
Facilities:
San Gabriel Park Water Treatment Plant
1105 Wink Walden Drive
Georgetown, Texas 78626
Lake Georgetown Water Treatment Plant
330 Cedar Breaks Road
Georgetown, Texas 78628
Berry Creek Water Treatment Plant
30500 Berry Creek Drive
Georgetown, Texas 78628
Southside Water Treatment Plant
2706 South Austin Ave.
Georgetown, Texas 78628
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Appendix C
RAW WATER QUALITY AND FINISHED WATER REQUIREMENTS
C.1 The Facilities shall be operated and maintained in accordance with all Applicable Laws,
and the treated water shall meet the standards contained in any and all Applicable Laws.
All analytical methods used to demonstrate compliance shall be in accordance with
methods approved by the City and State Agencies, as applicable. In the event that a
parameter does not have a method approved by State Agencies, methods approved by
EPA as of the date hereof, as contained in the Disinfectants and Disinfection Byproducts
Rule (as promulgated in the Federal Register on December 16, 1998), shall be used.
C.2
OMI shall operate the Facilities to provide for an average demand for water of 8.63 MGD
and a peak daily demand of 20 MGD, at the commencement of this Agreement. OMI
acknowledges that the City has the right to demand up to 27 MGD on any day and OMI
shall undertake, as and when needed, the necessary arrangements to assure that sufficient
personnel are available to satisfy additional demand overtime.
C.3 OMI shall be responsible for meeting the water treatment performance standards
established in this Appendix C and any Applicable Laws, but shall not be responsible for
force majuere events outside the control of OMI, which include but are not limited to
those event described in Section 8.1 of the Agreement, and Toxic materials contained in
the raw water supply; raw water supply insufficient to meet demand; or demand for water
in excess of the design capacity of the Facilities.
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Appendix D
Vehicles and Equipment Owned by City
109-10
Ford F-150
109-13
Cushman Mower
109-17
Chevy C20
109-18
Chevy C20
109-19
Ford F-250
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1998
1990
1994
1994
1997
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Appendix E
INSURANCE COVERAGE AND PERFORMANCE BOND
E.1 OMI 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:
I.I. Statutory worker's compensation for all of OMI'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
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
1.3. Automobile Liability Insurance for bodily injury and property damage, combined
single limit in an amount not less than $2,000,000; and
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
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.
E.2. OMI 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.
E.3 Except for the insurance policy required by paragraph E .1.5, above (relating to fraudulent
or criminal acts of employees) the City of Georgetown, its officials, employees and
volunteers are to be added as additional insureds" to the insurance policies required under
this Agreement. The coverage shall contain no special limitations on the scope of
protection afforded to City, for officials, employees or volunteers.
EA City shall maintain:
4.1. Property damage insurance for all property including vehicles owned by City and
operated by OMI under this Agreement. Any property including vehicles not
properly or fully insured shall be the financial responsibility of City.
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4.2. Automobile liability insurance for all vehicles owned by City and operated by OMI
under this Agreement.
E.5 Both City and OMI shall maintain policies which meet the following general requirements:
5.1.2.4.
5.2.4 Gallon Price Adjustment Formula.
5.3. Certificate of Insurance shall be prepared and executed by the insurance company or
its authorized agent, and contain provisions and warranting the following:
Where
b. The insurance set forth by the insurance company are underwritten on forms
which have been provided by the Texas State Board of Insurance.
C. Sets forth all endorsement and insurance coverage according to the
requirements and instructions contained herein.
F.1.4 Requests by Owner that are Incidental Services shall be invoiced to Owner at
OMI's Cost plus twenty percent (20%).
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Appendix F
COMPENSATION, PAYMENT AND FEE ADJUSTMENT FORMULAS
F.1 Base Fee Adjustment Method
F.1.1 City and ONE agree that good faith negotiations resulting in mutual
agreement is the preferred methodology to be used to determine changes
in the Base Fee.
F.1.2 In the event that City and OMI fail to agree, the Base Fee may be
determined by the application of the Base Fee Adjustment Formula shown
below in Article F.1.1.3.
F.1.3 Base Fee Adjustment Formula
BF = BF,[ 1 +._(C- Co)/ Co) + _E]
Where
BF. = Base Fee specified in Article F.1.1.1
BF = Adjusted Base Fee
Co = Consumer Price Index C'CPI') for All Urban Consumers
(TEXAS, Base year 1982) as published by U.S.
Department of Labor, Bureau of Labor Statistics in the CPI
Detailed Report for the month fifteen (15) months prior to
the beginning of the period for which an adjusted base fee
is being calculated
C = CPI for All Urban Consumers ('TEXAS, Base year 1982) as
published by U.S. Department of Labor, Bureau of Labor
Statistics in the CPI Detailed Report for the month four (4)
months prior to the beginning of the period for which an
adjusted base fee is being calculated
E = Average Employment Cost Index (ECI) for Civilian
Workers, Compensation, 12 -month percent change, not
seasonally adjusted, as published by the U.S. D epartment
of Labor Detailed Report for the quarter prior to the quarter
that is four (4) months prior to the beginning of the period
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for which an adjusted base fee is being calculated
F.1.2 Volumetric Fee.
F.1.2.2 OMI shall provide City with an invoice of gallons treated, and the Actual
Volumetric Fee (determined by multiplying the Gallon Price by the actual number
of gallons to be treated). City shall pay OMI the amount that the Actual
Volumetric Fee exceeds the Estimated Volumetric Fee. OMI will rebate to City
the amount that the Estimated Volumetric Fee exceeds the Actual Volumetric
Fee.
F.1.2.3 Changes in the Gallon Price shall be negotiated annually, three (3) months
prior t o t he a nniversary o f t he a ffective d ate h ereof. C ity a nd O MI a gree that
good faith negotiations resulting in mutual agreement is the preferred
methodology to be used to determine changes in the Gallon Price. In the event
that City and OMI fail to agree, the Gallon Price may be determined by the
application of the Gallon Price Adjustment Formula shown below in Article
F.1.2.4.
F.1.2.4 Gallon Price Adjustment Formula.
GP = GP.[ 1 + ._(C- Cc)/ Co)]
VIU
GPo = Gallon Price specified in Article F.1.2.1
GP = Adjusted Base Fee
Co = Consumer Price Index ("CPr) for All Urban Consumers
Base year 1982) as published by U.S.
Department of Labor, Bureau of Labor Statistics in the CPI
Detailed Report for the month fifteen (15) months prior to
the beginning of the period for which an adjusted base fee
is being calculated
C = CPI for All Urban Consumers (LOCATION, Base year
1982) as published by U.S. Department of Labor, Bureau
of Labor Statistics in the CPl Detailed Report for the
month three (3) months prior to the beginning of the period
for which an adjusted base fee is being calculated
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F.1.2.5 Changes in the number of gallons to be treated, shall be negotiated
annually, three (3) months prior to the anniversary of the effective date hereof. If
the parties cannot agree on an estimated number of gallons to be treated, the
number shall be determined by multiplying the number of gallons treated in the
current year by a factor of
F.1.3 Repairs Budget
F.1.3.1 The total amount OMI shall be required to pay for Repairs Cost shall not
exceed the annual Repairs Budget of $ during the first year of this
Agreement. OMI shall provide City with a detailed invoice of Repairs cost
over the annual Repairs Budget, and City shall pay OMI for all Repairs
Cost in excess of such limit. OMI will rebate to City the entire amount
that actual Repairs Cost are less than the annual Repairs Budget in any
year of this Agreement.
F.1.3.2 The Repairs Budget shall be negotiated each year, four (4) months prior to
anniversary of the effective date hereof in accordance with Appendix
F.1.2 above; should City and OMI fail to agree, the Repairs Budget will be
determined by the prior year; actual direct Repairs .
FIA A Requests by City that are Incidental Services shall be invoiced to City at OMI's
Cost plus fifteen percent (15%).
F.1.5 In the event that a change in the scope of services provided by OMI occurs, City
and OMI will negotiate a commensurate adjustment in Base Bee.
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Appendix G
Cost and Payment Worksheet
Contract Year Oct 2003 - Sep 2004
a" Y„
culation�
c a.-:
Production Projection (MG)
3,150
ost Component
Cost Type $ per MG
Sub Total
Base Fee
Fixed $
594,919.00
Volumetric Fee
Variable $ 38.41 $
120,991.50
O&M Fee FY 03-04
$
715,910.50
Repairs Budget
$
50,000.00
Total Base Fee FY 03-04
765,910.50
duction Adjus
Actual Annual Production MG
Production Delta MG
Production Adjustment (2)
$
Budget Adjustment
°
Repairs Budget
`m$
50,000.00'
Actual Repairs Expense
Repairs Budget Adjustment (2)
Monthly Cost (October) (1)
$
109,659.21
Monthly Cost (November - August)
$
59,659.21
Monthly Cost (September) (3)
$
59,659.21
Notes:
1 October payment includes payment
of full Repairs Budget
2 End of Year adjustments will be based upon the Production Cost Adjustments
(per MG listed above.
3 September Payment will change
based upon Production Cost and Repairs
Budget
Adjustments at end -of -year.
Council Meeting Date: September 23, 2003
AGENDA ITEM COVER SHEET
Item No. L
SUBJECT:
Consideration and possible action to enter into a contract with
Operations Management International, Inc. (OMI) to extend the current
operating agreement for the City's Wastewater plants for October, 2003 with
an estimated cost of $90,706.00.
ITEM SUMMARY:
The City Council voted to award the contract for the operation
of the City's wastewater plants to the Brazos River Authority in its
August 12, 2003 meeting. The staff has not concluded its negotiation
of the terms of the contract included in the BRA proposal. OMI had
offered to operate the wastewater plants beyond the term of their
original contract if the City needed more time to finalize
negotiations with the BRA. This is a day to day contract for up to
30 days. At the exact cost per day of the current 2002-2003
contract price. This contract can be terminated once the Brazos
River Authority contract is executed.
OMI has agreed to operate the wastewater plants for $2,926.00
per day with all corrective maintenance during the time of extension
to be paid separately.
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT:
Funding for this contract will be from the Wastewater Fund 650-109-
5302-00.
STAFF RECOMMENDATION:
Staff recommends the approval of the out of scope contract with
OMI with an estimated cost of $90,706.00.
COMMENTS:
NONE
ATTACHMENTS:
1. Letter and attached agreement.
X �, r
m
Ut
ty Manager Water Services Me
GOfgLQE
September 16, 2003
Mr. Don Evans
Operations Management International, Inc.
P.O. Box 6607
Englewood Colorado 80155-6667
Re: Extending the Term of the "Agreement for Operations, Maintenance and
Management Services for the City of Georgetown" (the "Agreement"), as
amended.
Dear Mr. Evans
As you know, the above -referenced Agreement is scheduled to expire on
September 30, 2003. The City previously notified OMI by. letter d ated D ecember 18,
2002 that it did not desire to renew the Agreement for another five (5) year period. On
August 12, 2003, the Georgetown City Council voted to award the contract for the
operations of its water treatment plants to OMI and to award the operations of its
wastewater operations to the Brazos River Authority. However, the City Council has not
yet approved those new contracts, and therefore desires to extend the term of the
Agreement for wastewater service until a contract is fully executed by the parties.
In consideration of OMI's consent to extend the term of the Agreement, the City
agrees to pay OMI the rate of $2,926.00 per day for operations, maintenance and
management of its wastewater plants. The term for wastewater services would be
extended until the new wastewater services contract is fully executed.
Thank you for your favorable consideration of this important matter. If you have
any questions or need additional information, please do not hesitate to call Glenn
Dishong at (512) 930-2574.
Very truly yours,
Jim Briggs
Assistant City Manager for Utility Operations
City of Georgetown, Texas
cc: Jim Briggs, Assistant City Manager for Utility Operations
Glenn Dishong, Water Operations
Trish Carls, Brown & Carls, LLP
GEORGETOWN UTILITY SYSTEMS • 300 INDUSTRIAL AVENUE • GEORGETGWN, TEXAS 78626 • 512/930.3556 ' FAX: 512/930-3559
OMI STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is by and between Operations Management International, Inc. (OMI) and OWNER identified below.
OWNER and OMI are the sole PARTIES to this AGREEMENT.
OMI's Office Address: 9193 South Jamaica Street, Suite 400, Englewood, Colorado 80112
OWNER: City of Georgetown, Texas
OWNER's Office Address: 609 Main Street, Georgetown, Texas 76626
PROJECT Name: Georgetown Project
PROJECT Location: Georgetown, Texas
OWNER Project Number: GEORG 600 621
OWNER requests and authorizes OMI to perform the following services:
OMI shall, within the design capacity and capability of the Owner's facilities, manage, operate and maintain the facilities
described in Appendix B so that the effluent discharged from the facilities meet the requirements specified in Appendix C to this
Agreement. The scope of services is defined in detail in Appendix D.
• Compensation by OWNER to OMI will be on the basis of:
1.Owner shall pay to OMI as compensation for services performed under this Agreement a fee of Two thousand nine hundred
twenty-six dollars ($2,926) per day.
2. OMI shall invoice Owner following the expiration of the term of this agreement. Payment is due and payable within fifteen (15)
days.
3. All other compensation to OMI is due on receipt of OMI's invoice and payable within fifteen (15) days.
4. Owner shall pay interest at an annual rate equal to Wells Fargo Bank N.A.'s prime rate plus one and one half percent (1-
1/2%) (said amount of 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.
5. Owner will directly pay for all electricity costs at the Project.
1. All terms and conditions other than the Payment and Compensation terms and conditions of the Agreement for Operations,
Maintenance and Management Services between OMI and the Client, dated September 21, 1998, as further amended shall apply
to this Agreement.
2. The term of this Agreement shall be day to day for up to thirty (30) days commencing on October 1, 2003.
3. Owner shall pay all costs for Repairs and for Capital Expenditures.
Services covered by this AGREEMENT will be performed in accordance with the Provisions included herewith and any
attachments referenced above. This AGREEMENT supersedes all prior agreements and understandings and may only
be changed by written amendment executed by both PARTIES. Signatures below constitute execution of this
AGREEMENT.
Approved for CLIENT (Print and sign name) Approved for OMI (Print and sign name)
By I By
Title Title
Date Date
ATmendix A
DEFINITIONS
A.1 The "Project" means all equipment, vehicles, grounds and facilities described in Appendix B and where
appropriate, the management, operations and maintenance of such.
A.2 "Capital Expenditures" means any expenditures for (1) the purchase of new equipment or facility items
that cost more than Two Thousand Dollars ($2,000.00); or (2) major repairs which significantly extend
equipment or facility service life and cost more than Two Thousand Dollars ($2,000.00); or (3) expen-
ditures that are planned, nonroutine and budgeted by Owner.
A.3 "Cost" means the total of all costs determined on an accrual basis in accordance with generally accepted
accounting principles including but not limited to direct labor, labor overhead, chemicals, materials,
supplies, utilities, equipment, maintenance, repair, and outside services.
AA "Maintenance" means the cost of those routine and/or repetitive activities required or recommended by the
equipment or facility manufacturer or OMI to maximize the service life of the equipment, sewer, vehicles,
and facility.
A.5 "Repairs" means the cost of those nonroutine/nonrepetitive activities required for operational continuity,
safety, and performance generally due to failure or to avert a failure of the equipment, sewer, vehicle, or
facility or some component thereof.
A.6 "Biologically Toxic Substances" means any substance or combination of substances contained in the plant
influent in sufficiently high concentrations so as to interfere with the biological processes necessary for the
removal of the organic and chemical constituents of the wastewater required to meet the discharge
requirements of Owners NPDES permit. Biologically toxic substances include but are not limited to
heavy metals, phenols, cyanides, pesticides, and herbicides.
A.7 "Adequate Nutrients" means plant influent nitrogen, phosphorus and iron contents proportional to BODS in
the ratio of five (5) parts nitrogen, one (1) part phosphorus, and one h alf (0.5) p art iron for a ach one
hundred (100) parts BODS.
Appendix B
LOCATION OF PROJECT
OMI agrees to provide the services necessary for the management, operation and maintenance of the following all
equipment, vehicles, grounds and facilities now existing within the present property boundaries of or being used to
operate Owner's Treatment Plant, located at:
San Gabriel Wastewater Treatment Plant
1099 North College
Georgetown, Texas 78626
Dove Springs Wastewater Treatment Plant
400 Rock Dove Lane
Georgetown, Texas 78626
Berry Creek Wastewater Treatment Plant
30500 Berry Creek Drive
Georgetown, Texas 78628
Pecan Branch Wastewater Treatment Plant
4.2 Miles NE of the intersection of I-35 and FM 971
Williamson County, Texas
Cimarron Hills Wastewater Treatment Plant
5.8 miles west of the intersection of IH -35 and 1.05 miles north of Hwy 29
Williamson County, Texas
Appendix C
C.1 OMI will operate Project so that effluent will meet the requirement of TPDES permits No.:
Facility
TPDES Permit Number
San Gabriel W WTP
10489-002
Pecan Branch W WTP
10489-005
Doves Springs WWTP
10489-003
Cimmaron Hills WWTP
14232-001
Berry Creek W WTP
10489-006
OMI shall be responsible for meeting the effluent quality requirements of Owners TPDES permits unless
one or more of the following occurs; (1) the Project influent does not contain Adequate Nutrients to
support operation o f P roject b iological p rocesses and/or c ontains B iologically T oxic S ubstances w hich
cannot be removed by the existing process and facilities; (2) dischargers into Owners sewer system violate
any or all regulations as stated in the Water and Sewer Ordinance 92-31 and, (3) the flow, influent BODS,
and/or suspended solids exceeds the process design parameters.
C.2 In the event any one of the Project influent characteristics, suspended solids, BODS, or flow, exceeds the
design parameters, OMI shall return the plant effluent to the characteristics required by the TPDES permit
in a ccordanee w ith t he f ollowing s chedule a fter P roject i nfluent c haracteristics r etum t o w ithin d esign
parameters.
Characteristics Exceeding
Recovery Period
Design Parameters By
Maximum
10% or Less
5 days
Above l0a/o Less than 20%
10 days
20°/a and Above
30 days
Not withstanding the above schedule if the failure to meet effluent quality limitations is caused by the
presence of Biologically Toxic Substances or the lack of adequate in nutrients in the influent, then OMI
will have a thirty (30) day recovery period after the influent is free from said substances or contains
adequate nutrients.
C.3 OMI shall not be responsible for fines or legal action as a result of discharge violations within the period
that influent exceeds design parameters, does not contain adequate nutrients, contains biologically toxic
substances, and the subsequent recovery period.
C.4 The Costs for services under this Agreement are based upon average wastewater flows and loadings. The
average flow and loadings are based on the twelve (12) month average prior to the date services are
provided under this Agreement. A variance above five percent (5%) of the above listed values will result
in an operational adjustment and Change in the Scope of Services.
AMendix D
SCOPE OF SERVICES
FOR WASTEWATER TREATMENT PLANTS
D.1 For the San Gabriel, Dove Springs, Berry Creek and Pecan Branch Wastewater Treatment Plants,
OMI shall:
D.1.1 Within the design capacity and capability of the Project, manage, operate, and maintain the
Project so that effluent discharged from the Project meets the requirements specified in
Appendix C. OMI may alter the process and/or facilities to achieve the objectives of this
Agreement; provided, however, that no alteration shall be without Owner's written approval if
alteration shall cost in excess of Two Thousand Dollars ($2,000.00).
D.1.2 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 wastewater treatment operations and
maintenance and are capable and demonstrate experience necessary to operate and maintain
the facilities.
D.1.3 Prepare all TPDES permit reports currently required by the existing permits listed in
Appendix C, and directly related to services provided by OMI in this agreement and submit
these to Owner for transmittal to appropriate agencies. At request of Owner, provide
historical treatment performance data. Provide other special reports requested by Owner,
including regulatory agency orders for information, permit renewals, audits, and other
reasonable Owner requests.
D.1.4 Provide for the disposal of screenings, grit, and sludge to the existing disposal sites. Should
the above disposal fees, currently $12.61 per ton, or availability of a disposal site change,
Owner and OMI agree to adjust the base fee for services accordingly.
D.1.5 Perform all laboratory testing and sampling presently required by the TPDES permits.
Additional laboratory testing and sampling that may be required by future regulatory changes
and/or population growth will constitute a change in scope of services and require re-
negotiation of price.
D.1.6 Operate all facilities such that odor and noise shall be effectively controlled, within the design
capacity and capability of the plant, and that no disruption of adjacent residences shall result.
D.2 For the Cimarron Hills Wastewater Treatment Plant, OMI shall perform limited operational services
as follows:
D.2.1 Provide one (1) certified wastewater operator Monday through Sunday not to exceed fourteen
(14) hours per week.
D.2.2 Provide a daily inspection of the Cimarron Hills lift station and coordinate vacuum service to
remove wastewater as needed.
D.3.3 Operate plant equipment weekly and coordinate maintenance associated with equipment
warranty. Materials and services associated with warranty maintenance will be paid by Owner.
0
City Council Meeting Date: September 23, 2003
AGENDA ITEM COVER SHEET
Item No. F 15
SUBJECT:
Consideration and possible action to award the bid and approve the project budget
for construction of Shell Road Realignment and Waterline Improvements to Chasco
Contracting of Round Rock, Texas in the amount of $832,500.00
ITEM SUMMARY:
This project is to construct the relocation of Shell Road and the needed waterline
improvements. This project realigns Shell Road with Cedar Breaks Road at Williams Drive.
Engineering for the Road relocation and waterline improvements were approved by Council
on December 10, 2002 and January 28, 2003.
At the December loth Council meeting an interlocal agreement was approved between
Williamson County and the City of Georgetown regarding the realignment. According to the
agreement, funds in the amount of $832,500.00 would be transferred to the City of
Georgetown upon execution of a construction contract. Reimbursement of these funds to
Williamson County would be paid back through the existing Shell Road Public Improvement
District (PID). A Resolution was passed by Council July 10, 2001 to authorize
establishment of the PID.
Sealed bids were received and opened Tuesday, September 2, 2003 for the above
referenced project.
Project costs encumbered against the (PID) include:
Traffic signal $80,000.00
Road Realignment Engineering $102,000.00
Construction $605,226.50
Water Line Engineering $16,000.00
,Remaining funds on PID Total
to be applied toward contingency
and incidentals $29,273.50
Total PID Participation: $832,500.00
The engineering firm responsible for reviewing the bids, Roming, Parker, and
Kasberg, L.L.P. has recommended award to Chasco Contracting in the amount of $803,331.50.
Therefore, staff recommends approval of the award to Chasco Contracting in the amount of
$803,331.50 and to approve an additional 58 contingency project budget amount of
$843,498.08.
SPECIAL CONSIDERATIONS:
Any remaining funds after cost of construction of roadway will be applied toward
water line improvement costs.
FINANCIAL IMPACT:
$605,226.50 for road improvements to be funded out of account number 110-101-6918-
00 and $198,105.00 for water line -improvements to be funded out of water capital account
661-101-6628-00.
GUS BOARD RECOMMENDATION:
GUS Board recommended to Council for approval on September 16, 2003. Approved 5-1
(Brown absent; Young opposed)
STAFF RECOMMENDATION:
Staff recommends approval of award of contract to Chasco Constructing for the
construction of the Realignment of Shell Road and Waterline Improvement Project.
COMMENTS:
None.
ATTACHMENTS:
1. Roming, Parker & Kasberg recommendation of award letter and bid tabulation.
2. Exhibit "A" of Shell Road Public Improvement District Assessment/Service Plan -
Ordinance 2001-51.
3. Williamson County Interlocal agreement with City of Georgetown, December 18, 2002.
Submitted by:
Jim Briggs, Mark Miller,
Assistant City Manager Transportation Services Manager
For Utilities
ROMING, PARKER & KASBERG, L.L.P.
CONSULTING ENGINEERS
One South Main
Temple. Texu 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.
September 10, 2003
Mr. Joel Weaver
CIP Coordinator
City of Georgetown
300 Industrial Avenue
Georgetown, Texas 78626
Re: City of Georgetown
Shell Road Relocation and Waterline Improvements
Georgetown, Texas
Dear Mr. Weaver:
W. CLAY ROMING, P.E.
Partner Emeritus
Attached are the Bid Tabulation Sheets for the bids received at 2:00 PM on Tuesday, September 2,
2003 for the above referenced project.
There were twelve bids received for this project as shown on the attached tabulation sheets. After
tabulation of the bids, we have concluded that Chasco Contracting is the low bidder with a bid of
$803,331.50. The Engineer's Estimate for this project was $875,000.00.
The breakdown of the project costs by type of work is as follows:
Bid Amount Budget Amount
Streets and Drainage: $605,226.50 $742,313.59
Water: $198,105.00 $255,000.00
We have reviewed the submitted bids, and as a result of our findings and the fact that Chasco
Contracting has successfully worked on projects, both past and present, for the City of Georgetown,
we recommend that a contract be awarded to Chasco Contracting in the amount of $803,331.50.
If you have questions, please call.
Sincerely,
00e g"
R. David Patrick, P.E.
RDP/rdp
2002-135-40
ULATION
21X12 -135-4U
SHELL ROAD RELOCATION
AND WATER IMPROVEMENTS BIDDER INFORAIATION
,w.w qw-usul 450.23 400IODI 4111.- 460.00 460.
Page 1 of 6
SephmUer 2, 2003 2:00 Pm
Chasco Contracting
RGM Construclors, L.P.
CC Carlton IMusldcs, Lid
1. C. h..
hwm c°immnion Co,
Texas 70626
300 Industrial Avenue Georgetown,Lea
2801 Kiphen Rd
15603 N.
11135
6207 Bee Caves Road
P. Box 1216
Round Rock,
TX 711
PRugerville,
TX 78660
Suite 320
Mde r, TX 78646
96
Vern
Etlirrnled
UN!
Bid DaaAustin
TX
78746
Nu.
uounly
Desch ion
UN!
Erlended
UNI
Enended
Unit
Extended
Unit
Eaended
I
24
STA
Prc talion of RI I-of-Wa Ircludin Rdmval of Existin Barbed Wire Penta
Anwum
PriceAmoI
r
Amomu
p c
moms
2
IO1%
LS
Mwilizatim, Bads stet Insmancc
940.00 S
22 560. f
2,100.00 f
30400.
S 775.00 f
18600, f
3 201.0(1
00
S 76-824
3
1011%
LS
Pre tin & Submiuin NOI Iw TCE & mm 1 in w/all Slormwater Dischar Rea,
79 000.00
39 000.
35 000.00
33 000.
M 300.00
44 300.
20 147.00
.
20 147.
4
100%
I.S
a
Barricades ad Tragic Cmtrol Plan Im letrcnlatim
330.00
350.00
6000.00
6000.
1200.00
1200.00
2 938.00
2 958.00
S
100%
LS
Trerch Safet Plan
17 000.00
- 13 000.
6 100.00
6 200.
9 000 W
9 pOD W
1798
17 888. 001
6
2,7
LP
Trerch Safq Plan lm lememalion
1000.00
1 000.
600.00
600
500,00
5010,01
900.010
900.00
7
230
SP
Trerch Safd Plan Im lementati M
Manhole
0.60
1 662.
L00
2 770.
1.00
2 770.00
1.OD
2 TKI
8
100%
LS
Vidm Ta In Pro'ect sire heforc smrl ofcomirnctim
gas
2.30
329.
2.50
575.
2.00
460.00
1.00
270.
9
7300
CY
m the ro t.
Unclassified Excavation (Roadway)7.10
610.00
�.
.�
450
4511 �
23(1 W
230
1,401
CY
Com ted Fill Roadwa
SI 830.
3.00
21 900.
8.90
64 970.
9.99
72 927.
11
11
1,6101
SY
Runove & Dis se ExistingPatton of Skit Road (ran Verde Vista to Pr Tk-In
1.71
7 4810.00
3.51
IS 400.
5.00
22 000,00
3.75
23 700,
12
110
LP
Saw cullingPavemem at Williams Dc Verde Vista & Sequoia Spur
3.30
S 6W.
1311
2900.
8.30
17 280.00
1.10
1700.
14
8000
SY
14' CrUSINrushed l Limestarc Base
).50
385.
3.30
303.
4.50
495.
3.B0
418.00
14
7800
SY
6' Crushed L2mesmrc Base
7.33
58 800.00
7.00
56 001.
9.00
72 00000
7.50
60 010.00
13
SY
One Course Percuation Surface Tremment
3.50
27 300.
3.50
27 300.
1.00
31 200.
).70
28 B6O.
I6
IS 300
5,
SY
6' Crushed Limeaorc Base Fkxbau
1.30
11,630.00
L60
14360.
1.23
II 375.00
1.20
20,920.
17
I7 000
SY
4' IIMAC T 'D' Pavetnent w! rime &tack cogs
7.50
34 2w.00
).50
54 250,
4.00
62 00000
3.70
37 350.00
IB
70
IN
A&liiioul HMAC D- Pavemem w! rime & lack coat
8.70
107 900.00
8.50
I IO 300.
8.40
109 200.
7.70
100100.
19
140
LF
Gfool Wide Concrete Valk Gwter
I
73.00
3 250.
70.00
q 000,
47.00
3
40.010
2 8010.
20
125
LP
10.foa Wide Concrete Val Gullet
18.00
2,520.
20.00
2 B00.
19.25
2,695.
30.00
4200.
22
6 500
LP
IB-irch Concrete Ribbon Curb
29 .00
3 625.
40.00
S 000.
37.00
4 62 5.
10.00
5.000.
22
1200
LP
6lrch Co Curb and
3.00
323(10.00
5.50
35 .
130
30
5.30.
34 4
3.10
37 1 50
23
2
BA
1
20 -(tat Concrete Radius UNIS ta
H
7.25
10,875.(0
9.00
13 300.
8.01)
12 .0
OOO.
3.75
8 625 010
24
2
8A
25 -Ica Concrete Radius Units
430.00
860.00
830.00
1701.
790,00
1 580.
780.01
1 360.00
25
2
EA
Co
33 -fool rcrtic Radius Units
610.00
1 220ff.
1300.00
2600.00
1 190.00
2.3 80.00
1 100.00
2214.00
26
93
LF
IB-irch' Reinforced Concrete PI
11011.00
2 200.
2 100.00
1200.
'..'00
4 OBO.
10110
1000.M
27
LP
Trl le 4' x
x 6' Reinforced Concrete Box
ILOD
4,083.
43.00
4 273.
38.00
3 610.
.an
IBM
A 3 .
29
1
1
EA
ri le
ea wall with l
Corcrcle Headwall with Flared Wings for Tri le 4' x 6' RCIts
r Triple
490.00
79 200.
370.00
43 600.
876.00
70 OBO.
600.00
48 000.00
29
1
EA
Corcrcle Headwall with Piared W1285 ab Ercr Dissi nets for Tri le 4' x 6' RCBs
1800.00
20100.00
11900.
6,001.00
6100.
3800.010
3800.
6 100.00
6 100.00
b
2
BA
Concrete Headwall with Flared Win far 18-1rch Diamekr RCP's
350.11
2,0100.00
7000.00
7000.
6 375.00
6 375.
6700.00
6700.
31
2
EA
Concrete Headwall with Flared Win and Energy Dissi aters for 18 -inch RCP's
460.00
7010.
2100.00
4210.
t 951.00
3900.
2300.00
1600.
60D.Oo
32
451
SP
Ruck Ri a Avera cline diameter of I2 -laches
920.
2,200.00
4900.
2060.00
4 120
2 500.00
5
33
250
SP
Rack Rl ra Aven store amoveter of 8 -Inches
].00
1330.00
3.00
1 350.00
3.OD
1 350.
330
1 573.00
31
73
LP
Metal Beam Guar) Pence
6.00
1300 .
3.70
925.
3.30
875.
2. 70
675.00
35
BBO
LP
Double 4-irch Width Solid Yellow Slri In
J8.00
2 851.
38.00
29
36.00
2 700.
18.00
1 330.
36
351
LP
Sin k 41 -loch Width Dashed White Si In
2.75
2068.00
2.30
2 024.
2.50
2200.
2.20
1 9M.
37
370
LP
Sin k 4 -inch Width Solid White SnipingI.NI
I.40
490.
1.40
490.
1.50
325.
1.35
4R.
78
2 700
LF
4-irch Width Yellow Gorc Strl in
684.
1.13
655.
1.10
627.
LIO
627.00
39
IIO
LP
4-irch Width While Gore Strf in
0.70
1,890.
0.70
1990.
0.65
1 755.
0.65
1 753.0(1
40
101%
IS
White Pavement Markings Arrows & Text accordin 10 Si m & Std I Plan
0.70
77.00
0.70
77.
1.00
110
0.65
71.50
41
108
LP
24-irch Width Whik St Bars
1600.00
1600.
1600.00
1600.01
1 493.00
1 497.
1 992.04
1 492.00
42
1
PA
Furnish ab Install T III Barricade
1.30
486.
4.70
437.
4.00
432.
3.96
427.68
43
100%
IS
Adjusting ExistingTraffic Si Is at Williams Drive
173.00
175.
160.00
160.
200.00
200.
1511.00
151.6
44
100%
IS
Finnish and Iwall All Traffic Si na a SH In and Si Plan
1200.00
1200.00
3000.00
3 060.
3 000.00
3 0100.
1 000.00
1 000.00
43
2
EA
Raise E' ladeAccordingto rm a
Wats Valves m Pltui Cade
3 600.00
3,66W .
3600.00
3600.
3450.00
3,450.
3000.00
3 000.
46
77
LP
Imtall 2' - 8'
8' 6' Concrete Mow Strip
310.00
620.
300.00
600.
300.00
Epp.
285.00
570.01
17
2770
LP
i t
16 -Inch Diameter Ductile Iron waterline
it
9.00
693.
)1.00
2,387.
30.00
2 310.
31.00
2 387.
48
2
EA
16-Irch Diameter 90° Ductile Iron Bend
13.00
124 650.00
48.00
132 960.00
JJ.OD
91410,
50.23
139.192
49
1
EA
141rch Diameter 45° Dnc01e Iron BcwJ
360.00
720.01
900,00
1 800.00
300.00
1 000.
473.00
951.
,w.w qw-usul 450.23 400IODI 4111.- 460.00 460.
Page 1 of 6
SHELL ROAD RELOCATION
AND WATER IMPROVEMENTS
September 2, 2003 2:10 pm
300 Industrial AYmue Geocgetuwn, Thar 79626
1111A I'ION
11. Deck Cmutrucllon Rogers Gw,. b, Co Y. Lsl PT Woods Conslruclioc
1611 Oxford Blvd. P. O. Drawer 1136 1966 S. Austin Ave.
Round Rock, TX 78669 Georgetown, TX 78627-1136 Georgetown, TX 78626
2002-135-40
12112 RM 2769
Austin, TX 78726
Page 2 of 6
Blf ---IIATION
SIIEI L ROAD REI OCATION
702-13540
Page 3 of 6
'
AND WATER IMPROVEMENTS
September 2, 2003 2:00 pm
300 Industrial Avenue Georgetown, Texas 78626
M. B. Bender Co., hs.
P. O. Box 90
Kingsland. TX 78639
BIDDER 1NORMATfON
Capital Excavation All Slate Servku Ltd.
3901 S. Lamar 13201 PM 812
Auslin, TX 78704 Del Valle, TX 78617
Austin Engineering Co., 1rc.
P. O. Box 342349
Austin, TX 78734-2349
hem
No.
Estimmed
7umuir
Utit
Bid Oma
1/nit
Extended
Urdt
Evaded
Unit
Extended
Unit
Erinnded
Description
PriceAn
c
A
Pric
1
24
STA
Prc ration of Ri t-of-Wa Includin Removal of Existin Bathed Wire Fences
750.00 $
18,000. $
1,000.00 S
24 000. f
I.M.00 $
mourn
24 000.
S
2
100%
IS
Mobilintlon Bobs and Insurance
60000.00
60000.00
90000.00
901X10,
10000.00
10000.00
800.00 S
20000.00
19 200. 00
3
100.
IS
Pre in & Submklh! NOI to TCE & cum I in w/all Slormwaler Dischar R
2 Ban 00
2 ODD.
200 00
200
300000
20000. 00
4
100%
IS
Barricades and Traffic Control Plan Im kmetuatiun
12 000.00
12 000.
10 000.00
51100
)50000
3 SOD .001
S
100%
is
Trench Safety Plan
10000.
IS 678.45
IS 678.15
I2 100.00
12 100, 001
6
2,770
LP
Trench Salciv Plan hu kmematlon Pi
2000.00
2000.
900.0
900.
1300.00
1300.
900.00
900, 001
7
230
SP
Trcrch SafetyPlan Implementation Mandmle
2.00
3340.
1.00
2770.
2.00
3540.00
1.95
5.124.301
8
100%
IS
VWro Ta in Pro'== slit before start ofconsi nction on Ilte o I.
10.00
1000.00
2300.
1.00
2711.
3.00
690.
1.21
287.30
9
7W-
CY
Unclassified Excavation ondwa
1000.4
1000.00
1000.
430.00
150.
23,00
23.00
10
4,400
CY
Compacted Fill Rondwa
3.30
12.50
91 250.
9.30
69 350.00
9.00
61700,
11
1,600
SY
Remove & Dis Existin Portion of Shell Road from Verde Vista to Proposed Tk-lo
4.93
3.00
21 780.
10.00
44 000.
7.00
30 800.00
2.50
11 000.00
12
110
LP
Saw Cronin Pavement at Williams Dr. Verde Vista & unix S
5.00
4800.
4.00
6,400,001
8.00
12 800.
16.00
25 600. 0011
13
8000
SY
14' Crushed Limestone Base
550.
10.00
1 100.
3.00
350.
6.00j
0.00
14
7,50D
SY
6' Cnuhcd Limestone Baer
11.]0
00 400 ()a
7.70
61 600.
11.50
92 000.
19.35.
IS
9,100
SY
One Course Penetration Surface Treatment
6.3(1
50'an 00
4.30
35.100.01)l
3.50
27 31X1.
8.600.
16
15
SY
6• Cradled Limestone Base Piexbau
1.40
12 740.
1.75
IS 923.00
1.80
I6 780.
1.50.
17
,500
I] 000
SY
4• IIMAC T •D• Pavement w/ ime & Luk coo
3.85
8.33
90 675.
1.30
69 750.
7.30
54 250.
9.60.00
18
70
TN
idd111owlt HMAC T 'D• Pavement wl rime & tack neon
80.00
108,550.
5 600.
B.SO
110 500.
11.30
t19 300.
9.75.
19
140
LP
6 -find Wide Corcreic Valle Gutter
40.00
5,600.4
61.00
4.550.001
-2.940.001
115.00
8,050.001
95.00.
20
125
LP
10 -fret Witte Concrete Valle Gutter
60.00
7300.
21.00
30.00
3.750.001
18.00
2.520.001
23.05.
21
6500
LP
IB -Inch Corcrne Ribbon Curb
6.50
42 250.
4.75
30 973.
30.00
6250.
43.82.30
22
1300
LF
6 -inch Concrete Curb and Gutter
7.00
10 500.
6.50
9,730.001
3.00
9.00
32 500.
13 500.
7.75.00
23
2
EA
20 -fad Concrete Radius Unlit
900.00
1 800.
600.00
1.200.001
800.00
1600.
10.40
930.00
15 ,600,001
1 900.00
24
2
EA
25 -fax Concrete Radius Units
1.200.00
2.400.0111
1.000.00
2,000.24
1 000.00
2000.
1500.00
7 410.00
25
2
EA
)3 -fad Concrete Radio Units
2 000.00
4 000.
2,100.00
41.200.001
1.250.001
2.501001
2.400.001
4.800,001
26
93
LF
Minch Dlameler Reinforced Concrete Pi
79.00
3.7M03.001
38.00
3 610.
gam
8 075.
68.00
6.460001
27
80
LP
Tri le 4' x 6' Reinforced Concrete Box Culverts
400.00
32.000.
560.00
44 800.
965.00
69 200.
770.00
61 600.00
28
1
EA
Concrete Headwall with Flared Wines for Triple 4' x 6' RCBs
8300.00
8 300.
6 700.0
6 700.
1500.00
q 300.
6 930.00
29
1
EA
Concrete llndwall with Flared Wins and Ener Dina ers for Tri le 4' x 6' RCBt
9 500.00
9.50D.21
8000.00
8 000.
S 1X10.00
6 9311. 001
30
2
EA
arcrene 1lcadwall with Flared Win for 18 -inch Diameter RCP's
1500,
3,0000
600.00
1200.
1000.00
5.000.01)l
2,000.
7.615.001
2.350.001
7,613. 001
31
2
EA
Concrete Ilendwail with Flared Wings and Energy Dissipaters for IB-Irteh RCPT
2 000.00
4,000.
700.00
1400.
1200.00
2,400.00
2600.00
4.700.00
72
450
SP
Rock Ri ra Avert store diameter of 12 -inches
10.00
4500.
3.0
1350.
5.00
2 250.00
S 200.00
3)
250
SP
Rock Rl ra Avera hone diannetu of 8-irchu
7.00
1730.
3.30
873.
6.00
1300.
3.00
4.00
2 230. 24
1000, 001
34
73
LF
Metal Beam Guard Fence
15.00
1125.00
33.73
2 -.6B1 -25T ----4-4-94T- ..
7 367.
30.00
3.750M1
35
880
LP
Double 4 -Inch Width Solid Yellow Striping
2.65
2 332.
2.21
1 980.
2.7111
2,446.401
2.82
2.481.6011
36
350
LP
Smith: 4 Inch Width Dashed Whine Striping
1.60
560.
1.33
472.
1.69
391.
37
570
LP
Sink 4 -Inch Width Sold White Striping
1.60
912.
1.10
627.
1.71
398.50
38
2 700
LP
4 -inch Width Yellow Gue Striping
&801
2.160.01)l
0.63
1.755.001
1.38
0.82
786.601
2.214.001
1.40
798. 001
39
110
LF
4 Inch Width White Gore Striping
0.80
88.
0.63
71.
0.82
90.
0.82
2,114!91
40
100%
LS
While Pavement Markings Arrows & Text accordingto SI ase & Slri ler Plan
1 600.00
1 600.00
1 300.0
1 500.
1 8T2 28
1,972.281
0.78
1.783.00
85.80
1 783 00
41
108
LP
24 -Inch Width While Stop Bars
3.00
540.00J
4.00
432.24
4.97
536.761
5.05
345.4 01
42
1
EA
Purnish and Insult Type 111 Battles&
300.00
500.01011
162.00
162.001
198.14
188.141
200.00
200. 01)1
43
100%
IS
Adiuslinit Existing Traffic Signals at Williams Drive
3000.00
)000.
2000.00
2000.
1500.00
I
11 930.00
11 930.
44
100%
LS
Purnish and Install All Traffic St According to S I In and Signage Plan
5,0D0.
3000.
3.500.00
3 500.
4127
4,327.25
4,400.00A2000.
45
2
EA
Raise Existin Waley Valves m a Grade
300.00
600.
334.00
709.
330.0
700.
330.00
46
71
LP
Imtall 2' - 8' x 6' Concrete Mow Sri
w St
20.00
1_540
17.00
1309.
8.00
616.
75.00
47
2 770
LP
16 -inch Diameter Ductile Iron Waterline
48.63
134,M.30
12.00
MMA
18.011
U2 960.
53.00
48
2
EA
16 -inch Diameter 00° Ductile Iron Bend
400.00
800.00
460.00
920.
1058.61
2 117.22
1000.00
49
I
EA
16Irch ❑iantner 45° Ductile Iron Bend
400.00
400.00
400.00
400.00
968.75
%8.75
1,000.001
Page 3 of 6
SHELL ROAD RELOCATION
AND WATER IMPROVEMENTS
Seplember 2, 2003 2:00 pnv
3001nd,nd lal Avenue Geogci..ro,'I'exas 78626
Bln TAROLATION
c.naseo contracting RGM Consirmlor6, L.P. CC Callon Industries, Lid
2801 KiPI¢n Rd 15603 N. 11135 6207 Ree Caves Road
Rmnd Rock, TX 78W POugervilie, TX 78660 1 Suite 320
Unur
M02-135AO
J. C. Evrm Camiww Co. bn.
P. O. Box 1216
Leander. TX 78M6
Did Bidder AcAimwledge Addenda No. 17
--
Did Bidder AckmwleJgc Addenda No. 27
YES
YES
YES
YES_
Did Bidder AckmwlWge Addenda No. 37
YES
YES
YES
YES
DiJ Bidder Provide Securil 7
YES
YES
YES
YES
YES
YES
YES
YES
Page 4 of 6
SHELL ROAD RELOCATION
AND WATER IMPROVEMENTS
September 2, 2803 2:00 pns
300 lndusrrlal Avenue Georgetown, Texas 78626
u.0 Kcomuucuon Rogm CoosrwiWo Company. LW
1601 Oxford Blvd. P. O. Drawer 1136
Round Rock, TX 78660 1 Georgetown, TX 78627-1136
Extended
1966 S. Austin Ave.
Georgetown, TX 78626
IfW-135-40
12112 RM 2769
Austin, TX 78726
r Acknowledge Adde da No. I7
YES
YES
YES
r Acknowledge Addenda No. 27
r
YES
YES
YES
r Acknowledge Addenda No. 27
YESYES
r Provide Security?
YES
YES
Y£.S
YES _7
Page 5 of 6
SHELL ROAD RELOCATION
AND WATER IMPROVEMENTS
Sepemher 2, 2003 LOU put
300 Industrial Avenue Oewggown, Teuo 78626
llem
DIV—"'"I.AlnuN
N. B. Bcnkr Co., low.
P O. Box 00
KingslaW, TX 78639
3981 S. I.anur
Austin, TX 78704
111 State Services Lw.
13201 PM 812
Del Valk, TX 78617
1102133.10
rslin Engineering Co., Lr
P. O. Boa 342349
Austin, TX 78734-2349
No. I (hwuuv n... ....,.,.
I •••�•-•••• .. I UMI Ecleded I (lnil I Euerded I I7N/ 1 Euoukd i 11,41--I Eflbded
Dw Bider Acknowledge AdduWa No 17
YES
YES
YES
YES
Did Bokser Acknuwlcdgc AAdcWa No. 27
Y6'S
YeS
YES
Ow Bider AcknowlNgc AdknWa No. 3'1
YES
YES
Did Bidder Provide S¢urit 'I
Y85
YES
YES
YES
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Page 6 of 6
EXHIBIT "A"
SHELL ROAD PUBLIC IMPROVEMENT DISTRICT
ASSESSMENT/SERVICE PLAN
Chapter 372 of the Local Government Code of the State of Texas, (mown as the "Public
Improvement District Assessment Act" (the "Act"), authorizes and defines the formation of a Public
Improvement District within the State of Texas.
By action taken by the City Council on July 10, 2001, the City of Georgetown (the "City") passed
Resolution No. 071001-P authorizing the establishment of the Shell Road Public Improvement District (the
"District").
In compliance with requirements outlined in various sections of the Ac; the Assessment/Service
Plan for the District is set forth herein.
Section 1. Irrmrovements and Services to be Provided to the District.
After analyzing the improvements authorized by the Act, the City, acting through the District,
determined that the design, construction and acquisition of the improvements (the "Improvements")
comprising the Shell Road Realignment (as hereinafter defined), to -wit the engineering, traffic
signalization (including the traffic signalization at the Shell Road Realignment(Williams Drive intersection),
utility installation and/or relocation, and the design and construction of the realignment of Shell Road from
its intersection with Williams Drive to the southern boundary of Georgetown Village and a connection from
this realignment to Sequoia Spur Drive (collectively, the "Shell Road Realignment"), are allowed by the Act
should be provided within the District and will be of special benefit to the properties within the District.
Section 2. Assessment Plan.
After analyzing the assessment methods allowed by the Act, the City has determined that the
following method, which is based on the benefit of the Improvements to each property owner within the
District, is fair and equitable and represents the most reasonable means of allocating the cost of such
Improvements.
The total PID assessment for all property in the District shall equal the total cost of the
Improvements (the "PID Assessment"); provided, however, in no event shall the PID Assessment exceed
$832,500.00. The portion of the PID Assessment levied on each tract within the District shall be a pre-
determined, fixed amount representing such tract's pro -rata share of the total PID Assessment (each, an
"Individual Assessment"). Each tract's pro -rata share shall be calculated by multiplying'the PID
Assessment by a fraction, the numerator of which shall be the number of linear feet of Shell Road
Realignment (including the linear footage of the connection from the realigned Shell Road to Sequoia Spur
Drive) adjacent to or contained within such tract, and the denominator of which shall be the total linear
footage of the Shell Road Realignment (including the linear footage of the connection from the re -aligned
Shell Road to Sequoia Spur Drive). The Individual Assessment on each tract shall be due at the time the
such tract is platted, at the time of the sale of the tract, or within seven (7) years after the Shell Road
Realignment (including the installation of the Williams Drive traffic light and the construction of the
Sequoia Spur connection) is completed and open to the public (the "Completion Date"), whichever occurs
earlier, provided, however, in no event shall any Individual Assessment be due and owing until the
Completion Date.
Section 3. Assessment Roll.
The District consists of those properties and property owners described in Schedule "I" attached
hereto.
ORD. a2oo�-s/
Exl) b: t '`Ate lomat I of 3
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT (this "Agreement') is made and entered into
effective this Ze��day of December, 2002, by and between WII-LIAMSON COUNTY (the
"County") and the CITY OF GEORGETOWN, TEXAS (the "City"), political subdivisions of the
State of Texas.
WITNESSETH:
WHEREAS, V.T.C.A., Government Code, Chapter 791, the Texas Interlocal Cooperation
Act, provides that any one or more public agencies may contract with each other for the performance
of governmental functions and for the joint use of facilities or services for the promotion and
protection of the health and welfare of the inhabitants of this State and the mutual benefit of the
parties; and
WHEREAS. Shell Road and the proposed Shell Road re -alignment are an integai section
of the Inner Loop and thus serve a county and a city purpose; and
WHEREAS, on or about the 19'' day of June, 2001, the patties entered into an Interlocal
Agreement, as adopted by the City in Resolution No. 42eo4201-3-3 (the "Original Interlocal
Agreement"); and
WHEREAS, because of changed circumstances, the parties wish to replace the Original
Interlocal Agreement with this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the undersigned patties agree as follows:
I.
TERMS AND CONDITIONS
1. The City hereby agrees to perform all necessary and appropriate engineering, traffic
signalization (including traffic signalization at the Shell Re-alignment/Wi Ili ams Drive
intersection [the "Williams Drive Traffic Signal"]), design and construction of the
re -alignment of Shell Road at its intersection with Williams Drive to the southern boundary
of Georgetown Village and a connection from this re -alignment to Sequoia Spur Drive
(collectively, the "Shell Re -alignment"), as shown on Exhibit "A" attached hereto and
incorporated herein.
2. The Shell Re -alignment shall include two-lane roads constructed to city standards,
commenced within six (6) months after the amendment of the Original PID (as hereinafter
defined) pursuant to Section 4.a below, and completed within thirty-six (36) months after the
amendment of the Original PID.
3. As consideration for the expeditious construction of the Shell Re -alignment by the Citv, the
County agrees to remit to the City the sum of EIGHT HUNDRED THIRTY-TWO
THOUSAND FIVE HUNDRED AND N0/100 DOLLARS ($832,500.00), within fifteen
(15) days after the award by the City of a contract to construct the Shell Re -alignment.
4. As further consideration for the expeditious construction by the City of the Shell
Re -alignment•.
a. The Developers (as hereinafter defined) will submit a request to the City to amend
the Public Improvement District created on the l lm day of September, 2001 (the
"Original PID"), as soon as possible after the approval by the City of the Amended
Development Agreement(s) (as hereinafter defined). The Original PID, as amended
pursuant to the terms hereof, is sometimes referred to herein as the "Amended PID".
As used herein, the term "Developers" means the developers of the property within
the Original PID.
b. The City and the Developers will pursue the amendment of the Existing Development
Agreements (as hereinafter defined) to ensure that such Existing Development
Agreements contain the following terms and such other terms, conditions and
provisions as are reasonably necessary to reflect the construction by the City, rather
than the County, of the Shell Re -alignment:
(i) The PID assessment on each tract shall be a pre -determined, fixed
amount representing such tract's pro -rata share of the total PID assessment. Each
tract's pro -rata share shall be calculated by multiplying the total PID assessment by
a fraction, the numerator of which shall be the number of linear feet of Shell
Re -alignment (including the linear footage of the connection from the re -aligned
Shell Road to Sequoia Spur Drive) adjacent to or contained within such tract, and the
denominator of which shall be the total linear footage of the Shell Re -alignment
(including the linear footage of the connection from the re -aligned Shell Road to
Sequoia Spur Drive). Unless otherwise provided in the Existing Development
Agreements, the PID assessment on each tract shall be due at the time the property
is platted, at the time of the sale of the property, or seven (7) years after the Shell
Re -alignment is completed and open to the public, whichever occurs earlier.
Notwithstanding the foregoing, the PID assessment on the tract currently owned by
HEB Grocery Company, LP ("HEB") or an affiliated entity shall not be due and
owing until the Shell Re -alignment, including the installation of the Williams Drive
Traffic Signal and the construction of the Sequoia Spur connection, is completed and
open to the public. As used herein, the term "Existing Development Agreements"
shall mean those agreements entered into or amended by the City and the Developers
in conjunction with the creation of the Original PID.
(ii) The PID assessments shall accrue interest at the rate of 7%
compounded annually, commencing when the Shell Re -alignment is completed and
open to the public.
(iii) The Developers shall execute a Possession and Use Agreement at the
time of the signing of the amendments to the Existing Development Agreements, and
agree to dedicate all necessary right-of-way for Shell Re -alignment within sixty (60)
days after the signing of such amendments; provided, however, the parties hereto
acknowledge that all such necessary right-of-way may already have been dedicated
pursuant to the terms of the Original Interlocal Agreement, the Original PID and/or
the Existing Development Agreements. The Possession and Use Agreement and the
dedication instruments, if any, shall contain a reversionary clause that requires the
property dedicated to revert to the grantor if the Shell Re -alignment is not
substantially completed within thirty-six (36) months after the execution of the
Amended PID.
(iv) The parties agree that City shall have no liability whatsoever regarding
the administration of the Amended PID or the collection of revenues on behalf of the
Amended PID. Assessment liens shall be assigned to the County after assessments
are levied on the property that is the subject of the Amended PID.
(v) The total assessments for the Amended PID shall not exceed
$832,500.00 (the "Cap"), which Cap shall include the HEB Credit (as hereinafter
defined). By way of example only, if the HEB Credit is equal to $100,000.00, then
the remaining assessments permitted to be made hereunder shall• not exceed
$732,500.00).
(vi) In consideration of the construction and installation by HEB of the
Williams Drive Traffic Signal, the parties agree that HEB shall receive a credit in the
amount of $80,000.00 (the "HEB Credit") against NEB's pro rata share of the total
PID assessment.
II.
MISCELLANEOUS
1. The parties agree that in the event any provision of this Agreement is held by a court of
competent jurisdiction to be in contradiction of any laws of the State or the United States,
the parties will immediately rectify the offending portions of this Agreement. The remainder
of the Agreement shall be in full force and effect.
2. This Agreement constitutes the entire agreement between the parties hereto, and supersedes
all of their oral and written negotiations, agreements and understandings of every kind with
respect to the subject matter hereof, including the Original Interlocal Agreement. The parties
understand, agree and declare that no promise, warranty, statement or representation of any
kind whatsoever, which is not expressly stated in this Agreement, has been made by any
party hereto or its officers, employees or other agents to induce execution of this Agreement.
This Agreement shall be performable in Williamson Countv. Texas.
COUNTY:
t C
JI DOERF
ounry Judge
Williamson County, Texas
CITY:
ARY� O ,Mayor
A City of Georgetown, Texas
SANDRA LEE, City Secretary
E. -
NANCY FUSTER, County Clerk
,GETOWN vfl1ACE
(EAULKNM /
CAMPBELL
TRACT 7
CAMPBELL
TRACT 4
CAMPBELL
TRACT 2
CAMPBELL
TRACT 3
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HES
'ernvse 7L.MC
LJ INCLUDED IN PID
® NOT INCLUDED IN PID
GEORGETOWN, TEXAS
TO RO'W'
EXHIBIT A PROPOSED SHELL ROAD
THE INTERLOCAL AGREEMENT DoucetaAnomter.Im
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Page 2 of 2
DEC 4 '02 18:08 512 930 3622 PRGE.006