HomeMy WebLinkAboutAgenda CC 07.25.2006Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
Tuesday, July 25, 2006
The Georgetown City Council will meet on Tuesday, July 25, 2006 at 06:00:00 PM at the City Council
Chambers, 101 E. 7th Street, at the northeast corner of Seventh and Main Streets, Georgetown, Texas
If you need accommodations for a disability, please notify the city in advance.
An agenda packet, containing detailed information on the items listed below, is distributed to the Mayor,
Councilmembers, and the Georgetown Public Library no later than the Saturday preceding the council
meeting. The library's copy is available for public review.
Please Note: This City Council Meeting will be video taped live without editing and shown on the
local cable channel.
Executive Session
Regular Session to convene and continue Executive Session, if necessary
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
- Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to
advise the City Council, including agenda items
B Competitive Matters Sec.551.086
- Consideration and possible action related to the City of Georgetown power supply options for LCRA Price Select 2006
and 2007. Mike Mayben, Energy Service Manager, Jim Briggs, ACM for Utility Operations
- Consideration and possible action of approval for an Electric Services Agreement(s) to provide Electric Service for
Commercial customer(s) located within the City of Georgetown Electric CCN. Mike Mayben, Energy Services Manager,
Jim Briggs, ACM for Utility Operations.
C Sec.551.087: Deliberations Regarding Economic Development Negotiations
- Discussions or deliberations regarding commercial or financial information that the governmental body has received
from a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City
and with which the City Council is conducting economic development negotiations; or to deliberate the offer of a
financial or other incentive to a business prospect that the City Council seeks to have locate, stay or expand in or near
the territory of the City and with which the City Council is conducting economic development negotiations.
D Sec 551.072 - Deliberations about Real Property
- Consideration and possible action concerning land for the Main Street Water Quality Pond
Regular Session - To begin no earlier than 06:00 PM
(Council may, at any time, recess the Regular Session to convene an Executive Session at the request of
the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act,
Texas Government Code Chapter 551.)
Call to Order
Pledge of Allegiance
G Comments from the dais
- Welcome to Audience and Opening Comments -- Mayor Gary Nelon
- Review of procedure for addressing the City Council
Announcement of vacancies on Convention and Visitors Bureau Board and Animal Shelter Advisory
Board
City Council Agenda/July 25, 2006
Page 1 of 4 Pages
Announcements and Comments from City Manager
Public Wishing to Address Council
- Sandra Taylor from Pedernales Elecric regarding an update on the Cooperative's activities in the Georgetown area.
J 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.
K Consideration and possible action to approve the minutes of the Council Workshop on Monday, July 10,
and the Council Meeting on Tuesday, July 11, 2006 — Sandra D. Lee, City Secretary
L Consideration and possible action on a Preliminary Plat for 17.28 acres in the Joseph Fish Survey,
Abstract 232 to be known as the Oaks at Wildwood, located on Wildwood Drive — Carla J. Benton,
Planner II and Bobby Ray, AICP, Director of Planning and Development Services
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
M Consideration and possible action to encourage retail and restaurants around the courthouse square by
rebating a portion of the sales tax to business or property owners — Doug Smith, Councilmember District
3
N Discussion and possible direction to staff regarding Council's preferred method for funding public art for
Georgetown — Eric Lashley, Library Director and Randy Morrow, Director of Community Services
O Consideration and possible action on a request from the Main Street Advisory Board that the City Council
allocate $4000 to match the funding by the Georgetown Area Community Foundation to contract with
Artspace to corny out an initial feasibility study of the Hill Country Art Space Project in January of 2007
— Gordon Baker, Main Street Advisory board Chair; Shelly Hargrove, Tourism Director and Main Street
Manager and Randy Morrow, Director of Community Services
P Public Hearing to consider use of a portion of public park land, consisting of 0.72 acre, in Lot 4, Block A. of
the Madison Oaks Subdivision, Phase II, for railroad spur crossing purposes — Patricia E. Carts, City
Attorney
Q Consideration and possible action on a Resolution of the City Council of the City of Georgetown, Texas
relating to use of a portion of public park land as railroad spur track, said land being 0.72 acres out of
Lot 4, Block "A" Madison Oaks Phase Two Subdivision (as Recorded in Cabinet X, Slides 301-302 of the
Property Records of Williamson County), for railroad spur crossing purposes; approving a Lease
Agreement for such use of the park land; and making determinations regarding same — Patricia E. Carls,
City Attorney
R Consideration and possible action to approve a Spur Track Permit Agreement with Hardy Management
Company, LLC for construction of a rail spur across Madison Oaks Avenue — Patricia E. Carts, City
Attorney
S Consideration and possible action to authorize the Mayor to execute a City Standard Agreement with L3
Communications ILEX Systems, Inc. to furnish and install the complete Control Tower equipment
package in the amount of $123,871.00 — Travis McLain, Airport Manager and Tom Yantis, Assistant City
Manager
T Discussion related to recent planning and safety initiatives for the Georgetown Municipal Airport — Farley
Snell, Councilmember District 6 and Ben Oliver, Councilmember District 7
U Consideration and possible action on a Preliminary Plat for 86.168 acres in the David Wright Survey,
Abstract 13 to be known as Estrella Subdivision, located on Williams Drive — David Munk, Development
City Council Agenda/July 25, 2006
Page 2 of 4 Pages
Engineer and Bobby Ray, AICP, Director of Planning and Development Services
V Consideration and possible action to approve the purchase of pumps, repair services, and parts from
Smith Pump Company, Inc. of Waco, Texas, in an amount not to exceed $90,000.00 — Glenn Dishong,
Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
W Items Forwarded from the Georgetown Utility System (GUS) Board
1. Consideration and possible action to enter into an agreement between the City and Operations
Management International for the replacement of the Park Water Treatment Plant Filter Effluent
Valves for $34,835.80 — Glenn Dishong, Water Services Manager, Jim Briggs, ACM for Utility
Operations
2. Consideration and possible action to approve an agreement between the City and Operations
Management International for the Lake Water Treatment Plant Filter #4 repairs for $89,757.50 —
Glenn Dishong, Water Services Manager, Jim Briggs, ACM for Utility Operations
3. Consideration and possible action to approve an agreement between the City and Operations
Management International for the Lake Water Treatment Plant Raw Water Pump #1 repairs for
$63,192.50 — Glenn Dishong, Water Services Manager, Jim Briggs, ACM for Utility Operations
4. Consideration and possible action for the award of a bid for transformers to various vendors in the
estimated amount of $1,143,280 — Mike Mayben, Energy Services Manager, Jim Briggs, ACM for Utility
Operations
X Second Reading of an Ordinance Rezoning 24.74 acres in the Antonio Flores Survey, Abstract No. 235,
from AG, Agriculture to C-1, Local Commercial located at the northeast corner of North Austin Avenue
and County Road 151 — Bobby Ray, AICP, Director of Planning and Development Services
Y Public Hearings/First Readings
1. First Reading of an ordinance amending Chapter 12.20 of the Code of Ordinances regarding rental fee
rates, deposits and use of the Georgetown Community Center — Kimberly Garrett, Parks and
Recreation Director and Randy Morrow, Director of Community Services
2. First Reading of an ordinance amending Chapter 12.20 of the Code of Ordinances regarding
prohibiting horses from hike and bike trails in city parks — Kimberly Garrett, Parks and Recreation
Director and Randy Morrow, Director of Community Services
3. First Reading of an ordinance revising Title 7 "Animals" of the Code of Ordinances as recommended
by the Animal Shelter Advisory Board to add the following provisions: requirements for enforcement,
requirements for keeping a dangerous dog, destruction of dog and excessive noise; to add, delete and
replace several definitions; to amend the following requirements: vaccinations, pet licenses,
quarantines, proper care, cruel treatment, determination of a dangerous dog, notification process,
appeal process, status of dog pending appeal, hearing appeal, and violation of requirements for
keeping a dangerous dog; and to delete provisions related to: the revocation of license, abandonment,
nonregisterable dangerous dogs, disposition of a nonregisterable dangerous dog, registerable
dangerous dog, notification of declaration of a registered dangerous dog and attack by registered
dangerous dog — Ken Finn, Animal Services Manager and David Morgan, Chief of Police
4. Public Hearing and First Reading on a Rezoning from AG, Agricultural district to PUD, Planned Unit
Development district for 17.29 acres in the Frederick Foy Survey, Abstract 229 to known as the
Planned Unit Development of Sun City Georgetown, Neighborhood Forty -Six B, located west of
Neighborhood 46 and off Independence Creek Lane — Melissa McCollum, AICP, Planner II and Bobby
Ray, AICP, Director of Planning and Development Services
5. Public Hearing and First Reading on a Rezoning from AG, Agricultural district to PUD, Planned Unit
Development district for 27.73 acres in the Frederick Foy Survey, Abstract 229, to known as the
Planned Unit Development of Sun City Georgetown Neighborhood Forty -Seven, located west of
Neighborhood 26B and off Cool Springs Way and Independence Creek Lane — Melissa McCollum,
AICP, Planner II and Bobby Ray, AICP, Director of Planning and Development Services
6. First Reading of an ordinance for a Comprehensive Plan Amendment to change the Future Land Use
Map from Residential and Office/Retail/Commercial to Office/Retail/Commercial and the Intensity Level
City Council Agenda/July 25, 2006
Page 3 of 4 Pages
from Levels 3 and 5 to Level 5 for 80.3 acres in the William Addison Survey, Abstract 21, located on
the Northwest Corner of State Highway 29 and Georgetown Inner Loop — Edward G. Polasek,
AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development
7. First reading of an ordinance to rename a portion of Ranch Road 2243 to Leander Road and a portion
of East State Highway 29 to East University Avenue, in recently annexed areas — Edward G.
Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development
8. Public Hearing and First Reading of an Ordinance Rezoning approximately 80 acres in the William
Addison Survey, Abstract 21, from RS, Residential Single-family District and AG, Agriculture District to
G3, General Commercial District for the property located at the Northwest Corner of S.H. 29 and
Inner Loop — Bobby Ray, AICP, Director of Planning and Development Services
9. Public Hearing and Possible Action on a Special Use Permit related to the expansion of the school
buildings on Lot 1, Hartman Acres also known as Community Montessori School, located at 500
Pleasant Valley Road, SUP -2006-001 — Bobby Ray, AICP, Director of Planning and Development
Services
Consideration and possible action on funding allocations for contracted Community/Social Services
and Children's and Youth Program Funding contingent upon final approval of the 2006/2007
budget — Councilmembers Doug Smith, Patty Eason, and Pat Berryman
AA Consideration and possible action to appoint a member to the Housing Advisory Board to represent
District 7 — Tom Yantis, Assistant City Manager
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 , 2006, 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/July 25, 2006
Page 4 of 4 Pages
Council Meeting Date: July 24, 2006
AGENDA ITEM COVER SHEET
EXECUTIVE SESSION
Item No.
SUBJECT:
Consideration and recommendation to authorize related to the City of Georgetown power
supply options for LCRA Price Select 2006 and 2007.
ITEM SDNNARY:
Georgetown Utility Systems along with other LCRA customers have been working with
LCRA to develop and offer a renewable energy product to our customers. LCRA has for the last
few years experimented with various types of offerings and rate structures for the renewable
energy option ranging from distributed generation to wind energy.
In Price Select 2006 LCRA has developed an option so that it may now is advantageous for
Georgetown Utility Systems to take advantage of this option on behalf of our retail customers.
A PowerPoint presentation was presented to the GUS Board outlining the LCRA Choose
to Renew Program and comparisons to other utilities across the state. Attached to this item you
will find a copy of that presentation, and the Choose to Renew enrollment form.
Georgetown Utility Systems has received numerous requests for a renewable product
within the last six months. Participation in this program will allow us to offer this product later
this fall to our retail customers as a renewable energy product.
SPECIAL CONSIDERATIONS:
For participation to begin with the August power bill from LORA, they (LCRA) must be
notified via fax by midnight July 24, 2006 of our intention to participate.
FINANCIAL IMPACT:
This renewable product is priced very competitively to our standard product that is
received from LCRA but is also shielded from fuel price fluctuations.
GUS BOARD RECOMMENDATION:
This item was recommended by the GUS Board for Council approval at the July 18, 2006
GUS Board meeting.
STAFF RECOMMENDATION:
Staff recommends that the City Council authorize participation in the LCRA Choose to
Renew Program for a renewable energy product for our customers beginning in August 2006
and open to our customers for the January 2007 billing cycle.
COMMENTS:
NONE
ATTACHMENTS:
PowerPoint Presentation
Choose to Renew Forms.
Submitted By: Y Mike Mayben,
Energy Service
CONflDINT1AL
Manager
Renewable Energy Options Under
LCRA Price Select
GUS Advisory Board
July 18, 2006
Evolution of LCRA's "Choose to
Renew" Program
"Choose to Renew"t' v is a renewable energy pricing product designed
for LCRA wholesale customers. This option is designed to provide a
program that may be implemented for the retail consumer.
A five-year commitment is required between LCRA and the wholesale
customer to retain the 2006 fixed fuel option price through 2010.
To participate, the Georgetown Utility Systema (GUS) may designate
any specified number of renewable energy units, in 10,000 kWh
increments, up to its load ratio share of wind gaegakon.
1
Coal
LCRA's 2005 Capacity & Generation
Mix
Net Capacity Mix
Gas Steam
Plam
Combined
Cycle PIa t
15%
Mrid yiydm
3% 9%
4;.i — .
Generation Mix
Gas Steam
Coal Plams Planta
52% "%
Combined
Cycle Platy
24%
\_
Renewable Energy Credits
RECs 101
Texas REC Basics
newable Generators
Eam a REC for every
MWh produced
Retailers
Must have RECs
to market and sell
the energy as
ble t-..
Hydro
3%
2
LCRA Renewable Portfolio
• The following LCRA facilities earn RECs:
• Estimated 2006 RECs
Facilities
RECs
Indian Mesa Wind Farm
123,354
75 % Delaware Mountain Wind Farm (LCRA Portion)
49,539
25 % Delaware Mountain Wind Farm (Customer Portion)
16.513
Total RECs
189,406 Mwh's
Z�
LCRA Renewable Portfolio
The following LCRA facilities earn annual REC Offsets:
Facilities
REC Offsets
Texas Wind Power Project
58,972
Austin Plant (Tom Miller Dam)
37,727
Buchanan Plant (Buchanan Dam)
48,518
Inks Plant (Inks Dam)
18,071
Granite Shoals Plant (Wirtz Dam)
54,963
Marble Falls Plant (Starke Dam)
31,641
Marshall Ford Plant (Mansfield Dam)
166,663
Total Offsets
416,555 Mwh's
Per PUCAhere wac a ane time
LCRA "Choose To Renew®"
• Original "Choose to Renew"
• The "Choose to Renew" (C2R) program began as a component of Price
$elect 2003 to assist wholesale customers in offering an option to support
renewable or "green " power for their retail consumers
Sold in I OOkWh blocks for a premium price of $0.005/kWh ($0.50 /
100kWh)
edesign for Price $elect 2005
• Offered as a pilot program limited to six wholesale customers
• 5 year participation agreement required
• Energy limited to wholesale customer's load ratio share of forecasted
output from Delaware Mountain Wind Farm and In4ian 4esa Wind Farm
t
Fixed fuel nrice of $0.0298/kWh aw ,13v
4
LCRA "Choose To RenewO"
• C2R for Price $elect 2006
• Offered to all wholesale customers
• Same requirements as P$ 2005 for length of agreement and energy limit
• Fixed fuel price of $0.0305/kWh
;etown's monthly load ratio share for 2006 of Indian
and Delaware Mountain
_ (2.77% • 189,406,000 kWhs)/12 = 430,000 kWhs
(Maximum C211 allocation, rounded down to the ten thousand place)
Georgetown's allocation based on P$ 2006 agreement
— Georgetown currently has a 100% energy contract for P$ 2006 w/LCRA
— Georgetown's load ratio share availability is at_ high based on
the current 100% energy supply by LCRA. 007 l�on
MPO m$trecLwitllQ ...._ � AN"10.
Choose To Renew®
• Strengths
Fuel costs currently allow for
a `renewable" discount. High
fuel costs and variability will
continue to drive customers to
the program.
• Fixed fuel stability may be
attractive in the future.
• A neighboring municipal
utility, Austin Energy, has a
strong, popular and robust
"green power" program that
fuels pAhc intere_ fit.
\rlt<i
• Weaknesses
• RECs are not being retired
(REC Offsets are used to
support the program)
• The program is not Green -e
certifiable.
• Five year commitment
provides too much
uncertainty for some
customers.
• Customer allocation too
small for some participants
with gro . urograms
ate"`
5
Comparison of
Retail Electric Providers Renewable
Programs
TXU Energy Services TXU Energy EarthWiseSM
$O.15/kWh
TXU Energy Services TXU Energy 100% EarthWiseSM
$O.16/kWh
TXU Energy Services TXU Energy Earth Wise 18SM
$O.148/kWh
Reliant Energy Renewable Plan
$O.16/kWh
Gexa nergy Gexa Green - 100% Pollution Free
$O.148/kWh
Gree ountain Energy Company Pollution Free - Reliable Rate $O.147/kWh
Gree ountain Energy Company 100% Wind
$O.16491kWh
Gree ountain Energy Company Pollution Free
$0.15/kWh
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Public
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Austin Energy
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Public Power Renewable Programs
—Sanders -Electric Cooperative
Retail Choose - to - Renew
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7
GUS Electric Options
1. Begin participation in LCRA "Choose to Renew"cm program in August
2006 and offer to our customers as a renewable option with the first
billing January 2007.
Begin participation in LCRA "Choose to Renew"rm) program in
December 2006 and offer to customers effective with the first billing in
January 2007.
Stay with P$ 2006 in its current form and our MPO with CPS for 10% of
our energy in 2007.
0
Staff Recommendations
Begin participation in LCRA's program in August 2006.
— Requires GUS Board and Council Approval in July 2006 with LCRA
notification by midnight July 24, 2006 for August participation.
Wows GUS to lower kwh cost from current .0370/kwh' to .0305/kwh for
he energy purchased under this program.
Begin customer participation on January 1, 2007 in kwh blocks at
0305/kwh for the renewable energy component of their monthly electric
bill.
�tr..¢�dfao�ozxwe � � r
Staff Recommendations
;ipation limited to non -demand customers such as small general
;e and residential customers. (available kwh limits are too small to
up to other classes)
We currently have 1,517 small general service accounts and 15,726
residential accounts.
Due to the size of our allocation being limited at 430,000 kwh's,
participation will be limited by a kwh block methodology and a first
come, first served basis.
s-
0
Reference
ORGANIZATIONS
Public Utility Commission of Texas www.ouc.state.tx.us
(PUC) Consumer Assistance Hotline
(512)936.7120 or(888)782-8477
Web sites for Texas programs:
— --MCRA —
http://www.lcra org
Austin
http://www.austinenergy com
City Publi ervice
http:/hvww.windtricity.com
Bandera tric Cooperative
www.banderaec.com/choose to renew.htm
Renews Choice Energy
www.renewablechoice.com
An ERCOT s maty of the Renewable Energy Credit Program can be found at the
following : http:/twww.texasrenewables.com/recamram.htrr►
10
Choose to Renew"m
ENERGY CWATER•C,.UN.SER- Renewable Energy Pricing Program
Participation Form
Choose to RenewTm is a renewable energy pricing product designed for LCRA wholesale
customers. This option is designed to provide a program that may be implemented for the
retail consumer.
Wholesale customer participants may increase the amount of desired energy from renewable
sources for the following month with notification prior to the 24th day of each billing month.
A five-year commitment is required between LCRA and the wholesale customer to retain the
2006 fixed fuel option price through 2010 (see Price $electT' 2006 Guidelines).
Choose to RenewTm program may be suspended due to force majeure circumstances that are
beyond the reasonable control of LCRA. LCRA will provide notice of any such suspensions
for the time period that it is unable to meet the requirements of the program. The
performance affected by the force majeure shall be resumed after the event or cause of
force majeure ends.
To participate, the Georgetown Utility Systems (GUS) may designate any specified number of
renewable energy units in 10,000 kWh increments up to its load ratio share of wind
generation. The table below specifies the load ratio share for the Georgetown Utility
Systems (GUS)
Annual Choose To RenewT Load Ratio Share (based on 2006 Program
2006 Choose To
5,250,000 kWh
Guidelines)
Monthly Allocation of Choose To RenewT (Full amount rounded to nearest
RenewT
430,000 kWh
10,000 kWh)
Georgetown Utility Systems (GUS) hereby designates the following amount of renewable
energy through Choose to RenewTm,
The Choose To Renew' allocation will take effect
2006 Choose To
Monthly Allocation of
RenewT
Choose To Renevv"
Fixed Fuel Factor
Georgetown Utility Systems (GUS) -
430,000 kWh
$.0305 per kWh
Choose To RenewT° Selection (Monthly)
Please sign and date.
Georgetown Utility Systems (GUS)
Signature
Title
Lower Colorado River Authority
Tom Foreman
Customer & Energy Services, Manager
Date Date
Return by Fax:
Attn: Ned Brown or Barbara Baird at (512) 469-6821
Council Meeting Date: July 24, 2006
AGENDA ITEM COVER SHEET
EXECUTIVE SESSION
SUBJECT:
Item No.
CONFIDENTIAL
Consideration and possible action of approval for an Electric Services Agreement to
provide Electric Services for a Commercial customer located within the City of Georgetown
Electric CCN.
ITEM SUMMARY:
Georgetown Utility Systems Electric Department within the last year has seen a very
large increase in commercial and industrial type of loads built within the dually certificated
area with TXU Energy Delivery. This new load in certain instances has requested contracts
from Georgetown Utility Systems for electric service related to their development. Due to
the nature of the load and service requirements for each type of load a different type of
Electric Service Agreement will be required for the type of electric load served.
SPECIAL CONSIDERATIONS:
Each of the Electric Service Agreements as written and agreed to will still retain the
right of the utility to recover stranded cost as related to any potential switchover in future
years.
FINANCIAL IMPACT:
None
GUS BOARD RECOMMENDATION:
This item was recommended by the GUS Board for Council approval at the July 18,
2006 GUS Board meeting.
STAFF RECOMMENDATION:
Staff recommends that the City Council authorize approval of the Electric Services
Agreement.
COMMENTS:
None CONFIDEWTIAL
ATTACHMENTS:
Electric Services gr� me
Al
re `�
Submitted By: � OvMe Maybe3r Jim rigs
`Energy Services Manager A tans
for Utility
ELECTRIC SERVICE AGREEMENT
This Agreement, made as of the _ day of 2006, between City of
Georgetown, a Texas home rule Municipal Corporation ("City") whose address is P.O.
Box 409, Georgetown, Texas 78726, and CPG ROUND ROCK, LP, a Delaware limited
partnership, by and through its general partner, CPG Texas Finance I, LLC, a Delaware
limited liability company, whose address is c/o Chelsea Property Group, 105 Eisenhower
Parkway, Roseland, New Jersey 07068 ("Customer").
WHEREAS, the City purchases wholesale power and energy, and transmission
capacity; and owns and operates its own transmission, and distribution facilities to
furnish retail electric service to the geographic area identified as the City's Certified
Electric Service Area pursuant to Certificate of Convenience and Necessity No. 30065
(the "City's Electric Service Area"); and
WHEREAS, the City and Customer are parties to that certain Development
Agreement dated September 11, 2003 (the "Development Agreement") which includes
the following provision:
2.6 Electric Utility Services for the Simon Round Rock Texas Project. Simon
shall obtain electric service from the City at competitive rates and City
rates substantially similar to those applicable to others in the City's
electric service area for its proposed project located in Round Rock, Texas
generally located on the East side of IH 35 S. between Chandler Road and
Westinghouse Road, which is located in the City's electric service area.
;and
WHEREAS, Customer owns certain real estate, described as follows, to wit:
Lot 1, Block A, being a 90.492 acre tract of land in the Ephraim Evans Survey, A-212, in
Williamson County, Texas, described as THE FINAL PLAT OF CPG PARTNERS
COMMERCIAL TRACT SECTION 1, recorded as Document Number 2005090108 in
Cabinet BB, Slides 11-12, Plat Records, Williamson County, Texas; and
Lot 1, Block B, being a 46.394 acre tract of land in the Ephraim Evans Survey, A-212, in
Williamson County, Texas, described as THE FINAL PLAT OF CPG PARTNERS
Electric Service Agreement
City and Simon for Round Rock Project
Page 1 of 33
COMMERCIAL TRACT SECTION 4, recorded as Document Number 2005095398 in
Cabinet BB, Slides 58-59, Plat Records, Williamson County, Texas; and
Lot 1, Block C, being a 4.276 acre tract of land in the Ephraim Evans Survey, A-212, in
Williamson County, Texas, described as THE FINAL PLAT OF CPG PARTNERS
COMMERCIAL TRACT SECTION 5, recorded as Document Number 2005095432 in
Cabinet BB, Slides 60-61, Plat Records, Williamson County, Texas; and
Customer has constructed or will construct and own a building or group of buildings
(the "Improvements") on the Property, within the City's Electric Service Area; and
WHEREAS, pursuant to the Development Agreement, Customer agrees that the
Property will be served with retail electric service by the City; and
WHEREAS, the City and Customer have agreed that Chapter 13.04 of the City of
Georgetown Code of Ordinances (as the same may be amended from time to time by the
City in its sole discretion) and this Agreement shall govern the supplying by the City
and taking by the Customer at the Property of the City's municipal electric service for
the Property; and
NOW, THEREFORE, for and in consideration of the promises and the mutual covenants
contained herein, the parties agree as follows:
ARTICLE I.
Customer shall, at its sole cost and expense, construct and install all of the necessary pull
boxes, vaults, pads, manholes, handholes, duct lines or other fireproof raceways, tunnels
or enclosures required by the City (the "Customer Installed Equipment"), in accordance
with the City's Construction Specifications and Standards Manual, City Engineer
approved construction plans, and all applicable city ordinances, rules, and regulations.
Prior to construction or installation of such Customer Installed Equipment, Customer
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shall prepare and submit Plans and Specifications for same to the City for the City's
review and approval. After such Customer Installed Equipment is constructed,
installed, inspected and accepted by the City, title to all such Customer Installed
Equipment shall be transferred to the City for the City's exclusive use for the sole
purpose of furnishing electrical service to Customer or its tenants or other occupants
with no further action of any party required to effectuate such transfer.
ARTICLE IL
Customer shall, at its sole cost and expense, provide, own and maintain, at locations
mutually agreed upon by the Developer and by the City of Georgetown, suitable space
on a wall or on the ground necessary for a City owned electric meter to measure the
electric service provided to each delivery point of the Property. The location of said
meter shall be designated by the City and be consistent with the City's Construction
Specifications and Standards Manual and the City -approved Plans and Specifications.
Further, Customer shall, at its sole cost and expense, provide, own, and maintain cables,
conduits, switches and all other appurtenances and devices as required by the City to
the extent necessary for the provision of electrical service to the Property. Other than
City owned delivery points, all other electrical appurtenances described in this Article II
are referred to collectively herein as the "Customer Owned Equipment." "Sub Meters'
for metering of individual tenant and common area electric usage and all secondary
facilities and equipment from each pad -mounted transformer to the tenant buildings
shall be furnished, installed, owned, operated and maintained by Customer at its own
cost.
The City shall give Customer written notice of any needed repairs, additions, changes or
alterations to the Customer Owned Equipment necessary to provide electric service to
the Property. Customer shall within fifteen (15) days of receipt of such notice provide
the City with a written response to the City acknowledging receipt of the request and
describing the actions taken or to be taken in response as well as a schedule for the
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work. If within thirty (30) days after such receipt of notice from the City arrangements
satisfactory to the City regarding the repairs, changes, alterations or additions to the
Customer Owned Equipment have not been made, then the City shall have the right to
have said repairs, changes, alterations or additions made at the Customer's expense.
Notwithstanding the foregoing, the City shall have the right, at the expense of
Customer, to make emergency repairs to or replacement of the Customer Owned
Equipment as the City deems necessary.
Customer shall give City written notice of any repairs as may be required under the
terms of this Agreement, and City shall proceed forthwith to effect the same with
reasonable diligence, but in no event later than thirty (30) days after receiving such
notice, except as hereinafter provided. If the City determines that the repairs will take
longer than thirty (30) days to complete, then City so advise Customer and shall have
such additional time as may be reasonably needed, provided that the City commences to
effect the repair promptly and diligently and pursues the same to completion.
I,>!y[ II
The City will furnish, install at its own cost, own, and maintain, the necessary standard
overhead and underground conductors, such primary facilities as may be necessary to
provide electrical service to the Property up to the secondary bushings of the pad -mounted
transformers and shall include cables, conduits, vaults and manholes, pad -mounted
sectionalizing enclosures and pad -mounted transformers, transformers, and metering
equipment required to provide electric service to each electric meter located on the
Property (the "City Owned Equipment"). All such equipment, facilities, and
appurtenances furnished or installed by the City shall be the property of the City.
The infrastructure will be installed by City according to a schedule mutually acceptable to
both parties. Each party agrees to negotiate in good faith to establish a commercially
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reasonable schedule for installation of the infrastructure within the Property. City agrees to
use good faith efforts to meet deadlines and construction schedules set forth by Customer.
ARTICLE IV.
Authorized employees of the City shall have reasonable access to the Property at all
reasonable times to inspect, repair, replace, or remove City Owned Equipment.
ARTICLE V.
Customer hereby grants the City the right of ingress and egress along, over, under, and
across the Property to place, construct, operate, repair, maintain, inspect, replace or
remove the City Owned Equipment necessary to provide electrical service to the
Property, to cut or trim trees and shrubbery and to remove obstructions as necessary to
keep them clear of the facilities and permit the City unimpeded access to the City
Owned Equipment, and City will make every effort to perform such work so as not to
cause interruption to customer's business or service. Customer may not place, erect or
maintain any permanent structures, including, but not limited to habitable structures
such as businesses, homes or offices, or any structure of any kind in such proximity to
the City Owned Equipment as would constitute a violation of the National Electric
Safety Code or of the Georgetown Utilities Specification Manual in effect at the time the
structures are erected. In the event Customer desires to install buildings or other
improvements on its Property that would conflict with the City Owned Equipment, the
City shall relocate, at Customer's cost. Customer shall leave an area extending ten (10)
feet in front of all transformer vaults or boxes free and clear of all obstructions of every
nature.
When requested by the City, Customer shall provide to the City, at no cost to the City
and in a form acceptable to the City, necessary rights-of-way, easements, warranty
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deeds, or licenses on or across the Property and any other Customer owned real estate,
at reasonable locations thereon, for the proper location upon such tracts City owned
electric facilities, including the City Owned Equipment as well as any Transmission
Facilities that are reasonably utilized by the City for the delivery of power and energy at
the meters on the Property. The City shall not be required to start construction
necessary to provide electric service to any part of the Property until all such permits
and rights-of-way are obtained, and the City shall be allowed a reasonable time, after all
such permits are secured, in which to complete all construction necessary before being
required to provide electric service. The City will make or cause to be made application
for any necessary street permits in dedicated streets, alleys or other public
thoroughfares. In the event that the City is unable to secure and/or maintain adequate
rights, easements, or other necessary authorizations, the City shall not be obligated to
render service. The easements required hereunder shall also obligate the City to relocate
its facilities on the Property at Customer's expense when necessary for the construction
of improvements by Customer. All easements granted herein shall be exclusive to the
City, and the City shall have the right, subject to the terms of this paragraph, at its sole
discretion to grant easements, licenses or other rights to other utility providers allowing
placement of other utilities in the Citys easement areas. With regard to requests from
other electric utility providers for an easement, license or other right to use the easement
area, City and Customer agree that the City may deny other such electric service
providers rights to use the easement area without the prior consent of Customer. With
regard to requests from non -electric utility service providers to use the easement area,
City agrees to notify Customer in writing of such requests and of subsequent action at
address provided. City and Customer agree that any rights the City may be permitted
to grant to an entity to use the easement area will be governed by the terms and
conditions of this agreement, including but not limited to the term hereof. In the event
the easement is terminated or otherwise extinguished, any rights of any licensee or any
entity claiming rights under the easement shall be terminated or otherwise extinguished.
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ARTICLE VI.
All of the electrical wiring and apparatus connected or to be connected to the City's
electric service shall be at Customer's (or its tenants) expense and shall be installed and
maintained by Customer (or its tenants) in accordance with the National Electrical Code
and the National Electrical Safety Code. In the event of a conflict between the National
Codes and an applicable municipal code, the latter shall govern. The City reserves the
right to refuse to connect to any wiring or apparatus which does not meet these Code
requirements and the City may, without advance notice, discontinue service to the
applicable meter(s) on the Property when a defective condition of wiring or equipment
is discovered.
ARTICLE VII.
The City of Georgetown will provide electric service hereunder, at the rate specified in
Chapter 13.04 of the City Code of Ordinances, to each electrical meter located on the
Property. Metering of electric usage for tenant buildings shall be by means of a "Master
Meter" located at each delivery point, furnished and installed by City at its own cost and
owned, operated, repaired, replaced, and maintained by City.
Each meter will be separately read and billed for the rates set forth in Chapter 13.04 of
the City Code of Ordinances, which rates are subject to change from time to time as the
City Council of the City of Georgetown, in its sole discretion, may decide. A copy of the
version of Chapter 13.04 in effect as of the Effective Date is attached hereto as "Exhibit
A." The electric tap fees due under Section 13.04.100 'Electrical tap fees" (based on
actual costs), and the costs of installing concrete poles at Customer's request, that are
due and owing as of March 3, 2006 are attached hereto as "Exhibit B." The fees, costs
and charges shown on "Exhibit B" are either actual costs or estimates (as denoted
thereon) as of March 3, 2006, and Customer expressly acknowledges that additional or
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different fees, costs and charges may be incurred in accordance with Chapter 13.04, and
Customer expressly agrees to pay such fees, costs and charges within thirty (30) days of
receipt of an invoice therefor from the City. All electric service shall be underground
except as otherwise agreed by the parties.
ARTICLE VIII.
Prior to delivery to Customer through the electric meter(s), Customer shall not be liable
for any damages of any type whatsoever related to the power and energy
sold/purchased under this Agreement, unless such damages are the result of the
negligence or willful misconduct of Customer.
Subsequent to the delivery through the meter(s), Customer shall be deemed to be in
exclusive control of, and liable for any damages of any type whatsoever related to the
power and energy sold/purchased under thus Agreement, unless such damages are the
result of the negligence or willful misconduct of the City.
If there is a breach of this Agreement by either the City or Customer, the non -breaching
party shall have available to it all remedies available for breach of contract under the
laws of the State of Texas. However, neither the City nor Customer shall claim, nor shall
the City or Customer be permitted to recover punitive damages from the other, as a
result of the breach of this Agreement by either the City or Customer.
In arriving at the determination of whether negligence was involved, accidents, acts of
God, and other failures beyond the City's control, including but not limited to, Force
Majeure events, shall not be considered negligence. Further, negligence may be
determined against the City only if the City had prior actual notice of a system
deficiency, and failed to initiate corrective measures within a reasonable time after
receipt of such actual notice.
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Neither party shall be liable to the other for any special, indirect, consequential or
punitive damages, including but not limited to loss of power, loss of product or loss of
revenues, however caused.
Notwithstanding anything herein to the contrary, it is expressly agreed between the
parties that the City has not waived any rights it may be entitled to under the Texas Tort
Claims Act, Tex. Civ. Pract & Rem. Code Ch. 101, as amended, and any agreements
made by the City found to be inconsistent with the provisions of such Act are hereby
declared to be null and void.
ARTICLE DC
This Agreement shall become effective as of the date first above written and shall
continue thereafter as long as the City of Georgetown provides electric service to any
delivery point on the Project, except as otherwise provided in this Article. Customer
shall have the right to terminate this Agreement if (a) the City assigns this Agreement to
another electric service provider and Customer does not consent to such assignment; or
(b) the City ceases to provide electrical service to the Property; or (c) the City ceases to
charge Customer competitive rates substantially similar to those applicable to other
customers having comparable volumes and service types in the City's electric service
area.
The City shall have the right to terminate this Agreement if (a) a petition seeking relief
under the bankruptcy laws of the United States is filed by or against Customer, or (b) the
Customer fails to fully, faithfully and timely perform each of its material obligations or
covenants under this Contract, including, without limitation, its obligations to timely
pay for electric service.
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Prior to termination by either Customer or the City for the reasons set forth in this
Article, the terminating party shall provide the non -terminating party with thirty (30)
days prior written notice, unless within such thirty (30) day period, the non -terminating
party shall have either cured the alleged breach, or demonstrated to the other party's
reasonable satisfaction that the non -terminating party is not or is no longer in breach of
this Agreement, provided, however such thirty (30) day period shall be extended if the
nature of the alleged breach is such that it cannot be cured within thirty days, and
breaching party promptly commences to cure upon receipt of notice, and pursues its
curative efforts with due diligence and in good faith to completion.
Upon assignment, the City agrees that it shall not unreasonably withhold consent to
transfer ownership of City easements to the new electric service provider for good and
valuable consideration; with said consideration being the responsibility of the new
successor electric utility provider and not the Customer. Upon Customer initiated
switchover, Customer agrees to pay all applicable switchover costs and stranded costs as
are allowed by law.
ARTICLE X.
The provision of Electric Service under this agreement shall be subject to Chapter 13.04
of the City's Code of Ordinances and to the City's Construction Specifications and
Standards Manual The provisions of this Agreement, the provisions of Chapter 13.04 of
the City's Code of Ordinances, and the City's Construction Specifications and Standards
Manual are subject to modifications at any time in the manner prescribed. When the
Agreement is so modified, it shall supersede the provisions hereof. This Agreement,
together with the provisions of Chapter 13.04 of the City's Code of Ordinances, and the
City's Construction Specifications and Standards Manual embody the entire agreement
between the parties hereto and supersede all prior agreements and understandings, if
any, relating to the subject matter and thereof.
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ARTICLE XI
The provisions of this Agreement are hereby declared covenants running with the
Property and are fully binding upon Customer, its successors and assigns and each and
every subsequent owner, tenant, subtenant, licensee, manager or occupant of all or any
portion of the Property, but only during the term of such party's ownership, tenancy,
subtenancy, licensee, management or occupancy of the Property (except with respect to
defaults that occur during the term of such party's ownership, tenancy, subtenancy,
license, management or occupancy of the Property for which party shall remain liable)
who acquire any right, title, or interest in or to the Property or any part thereof. Any
person who acquires any right, title or interest in or to the Property, or any part hereof,
thereby agrees and covenants to abide by and fully perform the provisions of this
Agreement with respect to right, title or interest in such Property.
ARTICLE XII.
This Agreement shall be governed by and constructed in accordance with the laws of the
State of Texas and venue shall be proper in Williamson County, Texas, without regard to
conflict of laws provisions.
ARTICLE M.
This Agreement shall be binding upon the City of Georgetown only when accepted by it
and approved in writing by its proper official, and shall not be modified by any promise,
agreement, or representation, of any agent, or employee of City of Georgetown unless
such promise, agreement or representation is incorporated in written amendment
executed in writing by both the City and Customer. The City reserves to itself all of its
governmental and proprietary powers not specifically limited by the provisions of this
Agreement.
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ARTICLE)CF 1
The Customer warrants that it is a legal business entity duly organized and existing
under the laws of the State of Texas, and the individual executing this agreement on
behalf of the Customer has been duly authorized to execute this agreement on the
Customer's behalf.
W tcomt M
In the event any provision, or any part or portion of any provision, of this agreement
shall be declared by a court of competent jurisdiction to be unlawful, invalid void or
otherwise unenforceable, the remainder of this agreement shall be severable and remain
enforceable. Only the provision (or part of provision thereof) so declared shall be
considered unlawful, invalid, or otherwise unenforceable.
ARTICLE XVI.
No waiver by either party of any one or more defaults in the performance of this
Agreement by the other shall operate as, or be deemed to be, a permanent waiver of any
rights or obligations, or an express or implied acceptance of any other existing or future
default, whether of a similar or of a different character; nor shall such waiver constitute
either an amendment of the terms of this Agreement, or a practice or course of dealing
between City and Customer hereunder contrary to the express terms of this Agreement.
All rights and remedies under this Agreement are cumulative and shall not be deemed
exclusive of any other rights or remedies provided by law.
ARTICLE XVII.
This Contract will be binding upon and enure to the benefit of the parties and their
respective successors and assigns subject to the following conditions:
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a. Any party which shall succeed by purchase, merger or consolidation to
title to the relevant properties of either the City or Customer substantially as an
entirety, shall become thereby entitled to the rights and shall be subject to the
obligations of its predecessor in title under this Contract.
b. Customer may upon written notice to the City assign this Contract in
whole or in part to a company controlled by Customer, or under common control
with Customer (an "Affiliate'
C. If in the future, the City functionally unbundles its electric utility into one
or more separate entities such as a generation company, transmission company
or a distribution company, the City may upon written notice to Customer assign
this Contract in whole or in part to one or more of such successor entities as
necessary to fulfill the purposes of this Contract.
d. Except as provided in paragraphs 17.a -c above, no assignment of this
Contract or any of the rights or obligations hereunder may be made in whole or
in part without the prior written consent of the other party, such consent not to
be unreasonably withheld.
e. No assignment or succession to the interest of either party shall bind the
non -assigning party until the non -assigning party receives written notice thereof
together with true copies of the documents evidencing such succession or
assignment, and such corporate or other documents as may be required to
reasonably satisfy the non -assigning party that the proposed assignment or
transfer is permitted under this section 17.
f. There are no third party beneficiaries to this Contract, and the provisions
of this Contract shall not impart any rights enforceable by any person, firm,
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corporation or organization not a party hereto or a successor or assign of a party
hereto.
(The remainder of this page is intentionally left blank.)
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EXECUTED TO BE EFFECTIVE ON THE day of 2006.
City of Georgetown, a Texas home rule
municipal corporation
By:
Gary Nelon, Mayor
ATTEST:
Sandra D. Lee, City Secretary
APPROVED AS TO FORM:
By:
Patricia E. Carls, City Attorney
STATE OF TEXAS
ACKNOWLEDGEMENT
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the _ day of
2006, by Gary Nelon, a person known to me, in his/her capacity as
Mayor of the City of Georgetown, a Texas home -rule municipal corporation, on behalf of
said corporation.
Notary Public, State of Texas
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Customer:
CPG ROUND ROCK, LP, a Texas
limited partnership
By: CPG Texas Finance I LLC, General
Partner
STATE OF
ACKNOWLEDGMENT
COUNTY OF
This instrument was acknowledged before me on this the _ day of
. 2006, by a person known to me, in his/her capacity as
. of
behalf of said
Notary Public, State of Texas
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on
EXHIBIT A
RATE ORDINANCE*
(*This is the Rate Ordinance in effect as of the Effective Date of the Agreement. The
Rate Ordinance may change from time to time at the sole discretion of the City, and if
revised, the revisions shall become automatically applicable to Customer without the
consent of Customer or the necessity of amending this Agreement.)
CITY OF GEORGETOWN
CODE OF ORDINANCES
CHAPTER 13.04.
UTILITY SERVICE RATES AND CHARGES
ARTICLE I. ELECTRIC RATES
Sec. 13.04.010. Rates and charges--Electricity—Schedule.
The monthly rates and charges for the sales made of services rendered by the electric
system of the City are established, levied, fixed and prescribed as set forth in Sections
13.04.020 through 13.04.150. Service rendered under this article is subject to the City's
rules and regulations.
(Ord. No. 2004-68, § 2, Ord. No. 2003-28, § 2; Ord. 91-27 § 2, Exh. B (part))
Editor's note: Ord. No. 200468, § 2, adopted October 26, 2004, changed the title of §
13.04.010 from "Rates and charges--Electricity--Established" to " Rates and charges--
Electricity—Schedule."
Sec. 13.04.015. Residential service.
A. Availability. This schedule is available to residential customers for all domestic uses
in residences, individual family apartments, and private rooming houses. This schedule
is not available to single metered multi -family dwellings.
Where a portion of a residential unit is used for non-residential purposes, the
appropriate non-residential service schedule is applicable to all uses of electric service.
However, this rate schedule maybe applied to the residential portion of such use
provided the customer's wiring is so arranged that use of the electric service for
residential purposes can be metered separately from the non-residential use. Service
rendered under this rate is subject to the City's rules and regulations.
B. Net Monthly Rate.
1. Customer Charge: $6.00 per month
2. Energy Charge: $0.0889 per kWh
3. Minimum Bill: $6.00 per month
4. Multiple Dwelling Units: Where served under one meter shall be billed under the
applicable commercial rate.
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C. Power Cost Adjustment. The PCA charge under the above rate schedule shall be
increased or decreased to reflect the application of a Power Cost Adjustment per kWh of
energy used, calculated in accordance with Section 13.04.075.
D. Transmission Delivery Cost Adjustment. The TDCA charge under the above rate
schedule shall be increased or decreased to reflect the application of a Transmission
Delivery Cost Adjustment per kWh of energy used, calculated in accordance with
Section 13.04.080.
E. Sales Taxes. Sales taxes, where applicable, will be charged to the consumer in
addition to the above rates.
(Ord. No. 2004-68, § 2; Ord. No. 2003-28, § 2)
Sec. 13.04.020. Small general service.
A. Availability. Applicable to all commercial and general service consumers whose
demands for all uses are less than 50 kW and whose uses are not covered by a specific
rate schedule. Service rendered under this rate is subject to the City's rules and
regulations.
B. Net Monthly Rate.
1. Customer Charge: $12.00 per month
2. Energy Charge: $0.0865 per kWh
3. Minimum Bill: $12.00 per month
C. Power Cost Adjustment. The PCA charge under the above rate schedule shall be
increased or decreased to reflect the application of a Power Cost Adjustment per kWh of
energy used, calculated in accordance with Section 13.04.075.
D. Transmission Delivery Cost Adjustment. The TDCA charge under the above rate
schedule shall be increased or decreased to reflect the application of a Transmission
Delivery Cost Adjustment per kWh of energy used, calculated in accordance with
Section 13.04.080.
E. Sales Taxes. Sales taxes, where applicable, will be charged to the consumer in
addition to the above rates.
(Ord. No. 2004-68, § 2; Ord. No. 2003-28, § 2)
Editor's note: Ord. No. 2003-28, § 2, adopted May 13, 2003, repealed and reenacted §
13.04.020 to read as herein set out. Formerly, § 13.04.020 pertained to residential rates
and derived from Ord. No. 91-27, § 2, Exh. B (part).
Sec. 13.04.025. School services.
A. Availability. Available to electric services required by those customers designated as
a school by the City. Service rendered under this rate is subject to the City's rules and
regulations.
B. Net Monthly Rate.
1. Customer Charge: $12.00 per month
2. Energy Charge: $.0976 per kWh
3. Minimum Bill: $12.00 per month
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C. Power Cost Adjustment. The PCA charge under the above rate schedule shall be
increased or decreased to reflect the application of a Power Cost Adjustment per kWh of
energy used, calculated in accordance with Section 13.04.075.
D. Transmission Delivery Cost Adjustment. The TDCA charge under the above rate
schedule shall be increased or decreased to reflect the application of a Transmission
Delivery Cost Adjustment per kWh of energy used, calculated in accordance with
Section 13.04.080.
E. Sales Taxes. Sales taxes, where applicable, will be charged to the consumer in
addition to the above rates.
(Ord. No. 2004-68, § 2; Ord. No. 2003-28, § 2)
Sec. 13.04.030. Municipal water and wastewater pumping service.
A. Availability. Applicable to City -owned facilities with electric service furnished for
water and wastewater pumping. Service rendered under this rate is subject to the City's
rules and regulations.
B. Net Monthly Rate.
1. Customer Charge: $12.00 per month
2. Energy Charge: $0.0776 per kWh
3. Minimum Bill: $12.00 per month
C. Power Cost Adjustment. The PCA charge under the above rate schedule shall be
increased or decreased to reflect the application of a Power Cost Adjustment per kWh of
energy used, calculated in accordance with Section 13.04.075.
D. Transmission Delivery Cost Adjustment. The TDCA charge under the above rate
schedule shall be increased or decreased to reflect the application of a Transmission
Delivery Cost Adjustment per kWh of energy used, calculated in accordance with
Section 13.04.080.
E. Sales Taxes. Sales taxes, where applicable, will be charged to the consumer in
addition to the above rates.
(Ord. No. 2004-68, § 2; Ord. No. 2003-28, § 2)
Editor's note: Ord. No. 2003-28, § 2, adopted May 13, 2003, amended § 13.04.030 in its
entirety to read as herein set out. Formerly, § 13.04.030 pertained to small general service
and derived from Ord. No. 91-27, § 2, Exh. B (part).
Sec. 13.04.035. Large general service.
A. Availability. Applicable to customers whose load reaches or exceeds 50 kW of peak
demand, but does not exceed 500 kW of peak demand, and whose uses are not covered
by a specific rate schedule. Service rendered under this rate is subject to the City's rules
and regulations.
B. Net Monthly Rate.
1. Customer Charge: $20.00 per month
2. Energy Charge: $0.0574
3. Demand Charge: $7.30 per kW per month but not less than $365.00 per month.
4. Minimum Bill: $385.00 per month.
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C. Power Cost Adjustment. The PCA charge under the above rate schedule shall be
increased or decreased to reflect the application of a Power Cost Adjustment per kWh of
energy used, calculated in accordance with Section 13.04.075.
D. Transmission Delivery Cost Adjustment. The TDCA charge under the above rate
schedule shall be increased or decreased to reflect the application of a Transmission
Delivery Cost Adjustment per kWh of energy used, calculated in accordance with
Section 13.04.080.
E. Sales Taxes. Sales taxes, where applicable, will be charged to the consumer in
addition to the above rates.
(Ord. No. 2004-68, § 2; Ord. No. 2003-28, § 2)
Sec. 13.04.040. Industrial.
A. Availability. Applicable to customers whose load reaches or exceeds 500 kW of peak
demand, but does not exceed 2,000 kW of peak demand, and whose uses are not covered
by a specific rate schedule. Service rendered under this rate is subject to the City's rules
and regulations.
B. Net Monthly Rate.
1. Customer Charge: $50.00 per month
2. Energy Charge: $0.0570 per kWh
3. Demand Charge: $6.15 per kW per month, but not less than $3,075.00 per month.
4. Minimum Bill: $3,125.00 per month.
C. Power Cost Adjustment. The PCA charge under the above rate schedule shall be
increased or decreased to reflect the application of a Power Cost Adjustment per kWh of
energy used, calculated in accordance with Section 13.04.075.
D. Transmission Delivery Cost Adjustment. The TDCA charge under the above rate
schedule shall be increased or decreased to reflect the application of a Transmission
Delivery Cost Adjustment per kWh of energy used, calculated in accordance with
Section 13.04.080.
E. Sales Taxes. Sales taxes, where applicable, will be charged to the consumer in
addition to the above rates.
(Ord. No. 2004-68, § 2; Ord. No. 2003-28, § 2)
Sec. 13.04.045. Large industrial.
A. Availability. Applicable to customers whose load reaches or exceeds 2,000 kW of
peak demand and whose uses are not covered by a specific rate schedule. Service
rendered under this rate is subject to the City's rules and regulations.
B. Net Monthly Rate.
1. Customer Charge: $100.00 per month
2. Energy Charge: $0.0560 per kWh
3. Demand Charge: $5.20 per kW per month but not less than $10,400.00 per month.
4. Minimum Bill: $10,500.00 per month.
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C. Povfer Cost Adjustment. The PCA charge under the above rate schedule shall be
increased or decreased to reflect the application of a Power Cost Adjustment per kWh of
energy used, calculated in accordance with Section 13.04.075.
D. Transmission Delivery Cost Adjustment. The TDCA charge under the above rate
schedule shall be increased or decreased to reflect the application of a Transmission
Delivery Cost Adjustment per kWh of energy used, calculated in accordance with
Section 13.04.080.
E. Sales Taxes. Sales taxes, where applicable, will be charged to the consumer in
addition to the above rates.
(Ord. No. 2004-68, § 2; Ord. No. 2003-28, § 2)
Sec. 13.04.050. Large institutional.
A. Availability. Applicable to customers whose load is in excess of 2,000 kW and who
maintain a 55 percent load factor. Service rendered under this rate is subject to the City's
rules and regulations.
B. Net Monthly Rate.
1. Customer Charge: $20.00 per month
2. Energy Charge: $0.0795 per kWh
3. Minimum Bill: $20.00 per month
C. Power Cost Adjustment. The PCA charge under the above rate schedule shall be
increased or decreased to reflect the application of a Power Cost Adjustment per kWh of
energy used, calculated in accordance with Section 13.04.075.
D. Transmission Delivery Cost Adjustment. The TDCA charge under the above rate
schedule shall be increased or decreased to reflect the application of a Transmission
Delivery Cost Adjustment per kWh of energy used, calculated in accordance with
Section 13.04.080.
E. Sales Taxes. Sales taxes, where applicable, will be charged to the consumer in
addition to the above rates.
(Ord. No. 2004-68, § 2; Ord. No. 2003-28, § 2)
Editor's note: Ord. No. 2003-28, § 2, adopted May 13, 2003, amended § 13.04.050 in its
entirety to read as herein set out. Formerly, § 13.04.050 pertained to water and
wastewater pumping service and derived from Ord. No. 91-27, § 2, Exh. B (part).
Sec. 13.04.055. Municipal.
A. Availability. Applicable to City owned and operated facilities whose uses are not
covered by a specific rate schedule. Service rendered under this rate is subject to the
City's rules and regulations.
B. Net Monthly Rate.
1. Customer Charge: $12.00 per month
2. Energy Charge: $0.0790 per kWh
3. Minimum Bill: $12.00 per month
Electric Service Agreement
City and Simon for Round Rock Project
Page 21 of 33
C. Power Cost Adjustment. The PCA charge under the above rate schedule shall be
increased or decreased to reflect the application of a Power Cost Adjustment per kWh of
energy used, calculated in accordance with Section 13.04.075.
D. Transmission Delivery Cost Adjustment. The TDCA charge under the above rate
schedule shall be increased or decreased to reflect the application of a Transmission
Delivery Cost Adjustment per kWh of energy used, calculated in accordance with
Section 13.04.080.
E. Sales Taxes. Sales taxes, where applicable, will be charged to the consumer in
addition to the above rates.
(Ord. No. 2004-68, § 2; Ord. No. 2003-28, § 2)
Sec. 13.04.060. Economic development rate.
A. Availability. Applicable to entities considering location of facilities in the City's
service territory. Service rendered under this rate is subject to the City's rules and
regulations.
B. Net Monthly Rate.
1. Determined by contractual agreement with the City of Georgetown.
C. Power Cost Adjustment. The PCA charge under the above rate schedule shall be
increased or decreased to reflect the application of a Power Cost Adjustment per kWh of
energy used, calculated in accordance with Section 13.04.075.
D. Transmission Delivery Cost Adjustment. The TDCA charge under the above rate
schedule shall be increased or decreased to reflect the application of a Transmission
Delivery Cost Adjustment per kWh of energy used, calculated in accordance with
Section 13.04.080.
E. Sales Taxes. Sales taxes, where applicable, will be charged to the consumer in
addition to the above rates.
(Ord. No. 2004-68, § 2; Ord. No. 2003-28, § 2)
Editor's note: Ord. No. 2003-28, § 2, adopted May 13, 2003, amended § 13.04.060 in its
entirety to read as herein set out. Formerly, § 13.04.060 pertained to large general service
and derived from Ord. No. 91-27, § 2, Exh. B (part).
Sec. 13.04.065. Guard light service.
A. Availability. This rate is applicable to electric services that require a Guard Light of
one or more outdoor lamps operating automatically from dusk to dawn or determined
by the City. Service rendered under this rate is subject to the City's rules and
regulations.
B. Net Monthly Rate.
1. Customer Charge: $7.50 per month, per lamp.
For new installations, a customer must agree to a term of service not less than one year.
The City reserves the right to refuse or discontinue service at locations where excessive
maintenance and/or lamp replacements occur.
The City will maintain all facilities incidental to providing this service, including
replacement of burned -out lamps.
Electric Service Agreement
City and Simon for Round Rock Project
Page 22 of 33
C. Sales Taxes. Sales taxes, where applicable, will be charged to the consumer in
addition to the above rates.
(Ord. No. 2004-68, § 2; Ord. No. 2003-28, § 2)
Sec. 13.04.070. Municipal streetlight service.
A. Availability. This rate is applicable to City owned and operated facilities' electric
services that require a streetlight of one or more outdoor lamps operating automatically
on all dedicated public streets, highways, expressways, and thoroughfares within the
City, from dusk to dawn or as determined by the City. This rate is also applicable for the
illumination of any property owned, operated and/or maintained by the City. Service
rendered under this rate is subject to the City's rules and regulations.
B. Net Monthly Rate.
1. Customer Charge (100 Watt Lamp): $5.40 per month, per lamp.
2. Customer Charge (200 Watt Lamp): $7.85 per month, per lamp.
3. Customer Charge (400 Watt Lamp): $12.80 per month, per lamp.
The City will maintain all facilities incidental to providing this service, including
replacement of burned -out lamps.
C. Sales Taxes. Sales taxes, where applicable, will be charged to the consumer in
addition to the above rates.
(Ord. No. 2004-68, § 2; Ord. No. 2003-28, § 2)
Editor's note: Ord. No. 2003-28, § 2, adopted May 13, 2003, amended § 13.04.070 in its
entirety to read as herein set out. Formerly, § 13.04.070 pertained to guard light service
and derived from Ord. No. 91-27, § 2, Exh. B (part).
Sec. 13.04.075. Power cost adjustment factor.
A. Availability. The Power Cost Adjustment Factor (PCAF) shall be applied uniformly
to the sales to all customers of the City, except sales made to Guard Light or Municipal
Streetlight Services.
B. Calculation Method. The purpose of this schedule is to accurately recover from City
customers the cost of wholesale power purchases in excess of the base amount included
in the City's electric retail rate schedules. Wholesale power purchases shall not include
transmission charges, ERCOT Fees, delivery charges, and any other delivery fees
necessary. Wholesale power purchases shall include but are not limited to fuel charges
and substation charges. All wholesale power cost realized above the base amount shall
be billed by the City on its monthly bills as a power cost adjustment, determined in
accordance with the provisions set forth below. Each month the City will compare the
total amount of power cost adjustment which should be recovered to the actual power
cost adjustment revenues received in the immediately previous City billing period. Any
difference realized will be added or subtracted from the amount of power cost
adjustment to be recovered in the current City billing period.
The formula for calculation of the power cost adjustment factor is as follows:
PCAF =WC - (P)(K) - CF
Electric Service Agreement
City and Simon for Round Rock Project
Page 23 of 33
C. Definitions.
PCAF = Power cost adjustment ($ per kWh) rounded to the nearest $0.0001/kWh.
WC = Total cost of power, not including transmission charges, ERCOT Fees, and
delivery charges purchased by the City from its supplier for the immediately preceding
wholesale billing period ($).
(P) = Total energy (kWh) purchased by the City from its supplier for the immediately
preceding wholesale billing period (kWh).
(S) = Total estimated sales (kWh) to City customers for the current City billing period
(kWh).
(K) = Base wholesale power cost included in the City's retail electric rate schedules.
CF = Correction factor adjustment to be applied in the current City billing period to
provide for correction of the variance between power cost adjustment expenses which
should have been recovered and actual power cost adjustment revenues received for the
immediately preceding City billing period prior to the current City billing period ($).
The formula for calculation of the correction factor (CF) is as follows:
CF = (A) - (B)
Where:
(A) = The actual power cost adjustment revenues in dollars received from power cost
adjustment for the immediately preceding City billing period.
(B) = The actual wholesale power cost not including transmission, ERCOT, congestion
charges and other fees associated with delivery in dollars paid by the City in excess of
the base amount of wholesale power cost included in the City's electric retail rate
schedules for the second preceding wholesale billing record.
(Ord. No. 2004-68, § 2, Ord. No. 2003-28, § 2)
Sec. 13.04.080. Transmission delivery cost adjustment factor.
A. Availability. The Transmission Delivery Cost Adjustment Factor (TDCAF) shall be
applied uniformly to the sales to all customers of the City, except sales made to Guard
Light or Municipal Streetlight Services.
B. Calculation Method. The purpose of this schedule is to accurately recover from City
customers the cost of the transmission and delivery of wholesale power purchases in
excess of the base amount included in the City's electric retail rate schedules.
Transmission and delivery shall include but is not limited to transmission charges,
ERCOT Fees, delivery charges, and any other delivery fees necessary. All transmission
delivery cost realized above the base amount shall be billed by the City on its monthly
bills as a transmissiondelivery adjustment, determined in accordance with the
provisions set forth below. Each month the City will compare the total amount of
transmission delivery adjustment which should be recovered to the actual transmission
delivery adjustment revenues received in the immediately previous City billing period.
Any difference realized will be added or subtracted from the amount of transmission
delivery adjustment to be recovered in the current City billing period.
The formula for calculation of the transmission delivery adjustment factor is as follows:
TDCAF =TC - (P) (K) - CF
Electric Service Agreement
City and Simon for Round Rock Project
Page 24 of 33
C. Definitions.
TDCAF = Transmission delivery cost adjustment ($ per kWh) rounded to the nearest $
0.0001/kWh.
TC = Total estimated transmission delivery cost including but not limited to
transmission charges, ERCOT Fees, congestion fees, ancillary costs, QSE fees and any
other costs associated with delivery of wholesale power purchased by the City from its
supplier for the immediately preceding wholesale billing period ($).
(P) = Total energy (kWh) purchased by the City from its suppliers for the immediately
preceding wholesale billing period (kWh).
(S) = Total estimated sales (kWh) to City customers for the current City billing period
(kWh).
(K) = Base transmission delivery cost included in the City's retail electric rate schedules
($0.0048 per kWh).
CF = Correction factor adjustment to be applied in the current City billing period to
provide for correction of the variance between transmission delivery adjustment
expenses which should have been recovered and actual transmission delivery
adjustment revenues received for the immediately preceding City billing period prior to
the current City billing period ($).
The formula for calculation of the correction factor (CF) is as follows:
CF = (A) - (B)
Where:
(A) = The actual transmission delivery adjustment revenues in dollars received from
Transmission Delivery Cost Adjustment for the immediately preceding City billing
period.
(B) = The actual transmission delivery costs in dollars paid by the City in excess of the
base amount of transmission delivery cost included in the City's electric retail rate
schedules for the second preceding wholesale billing record.
(Ord. No. 2004-68, § 2; Ord. No. 2003-28, § 2)
Editor's note: Ord. No. 2003-28, § 2, adopted May 13, 2003, amended § 13.04.080 in its
entirety to read as herein set out. Formerly, § 13.04.080 pertained to experimental
interruptible power service and derived from Ord. No. 91-27, § 2, Exh. B (part).
Sec. 13.04.085. Curtailable power service rider.
A. Availability. This rider is available at the sole discretion of the City of Georgetown.
Except for customers to whom experimental interruptible power service and economic
development service applies, this rider may be made available to customers under long-
term contract and having firm load requirements of 50 kilowatts of demand or greater.
The curtailable power service credit as defined below is available for kilowatts of
demand which are reduced or eliminated at the request of the City. Customer's load will
be monitored by the City and all service will be rendered through one meter. Customers
receiving service under this rider shall utilize metering facilities capable of recording
demand and energy by time of use as required by the City and the costs of such
Electric Service Agreement
City and Simon for Round Rock Project
Page 25 of 33
metering facilities shall be reimbursed to the City by the customer prior to the
commencement of curtailable power service. The City shall make reasonable efforts to
make the curtailable power available to customer at the requested point of delivery.
Service rendered under this rate is subject to the City's rules and regulations.
B. Monthly Credit. Monthly credits based upon curtailed kilowatts of demand will be
provided as a reduction from the rate applicable for firm service. Credits will be
provided only when the City notifies the customer of a pending curtailment and the
customer complies. The credit shall be calculated by multiplying the curtailed kilowatts
of demand times a credit per kW calculated using the following formula:
CREDIT = KW* (PW* LF* .85* PR)
Where,
TABLE INSET:
KW
= Curtailed kW of demand
PC
= Currently effective monthly wholesale purchased power capacity charge;
LF
= Secondary line loss factor (currently equal to 0.9450)
= Percent of monthly wholesale system peak demands for which the City actually
PR
issued notices of curtailment. Initially, the percentage shall be equal to 75 percent
and shall be adjusted annually based upon the actual experience of the City in
predicting the hour of the wholesale system's monthly peak demand.
C. Kilowatts of Curtailed Demand.
1. Definition of Curtailed kW of Demand. The kilowatts of curtailed demand shall be
an amount of load in excess of the customer's firm load requirements which shall be
removed from the system within 30 minutes of notification of curtailment by the City.
During months in which the City's curtailment period coincides with and encompasses
the hour in which the wholesale supplier's system peak demand occurs, the kilowatts of
curtailed demand shall be the difference between the average of the four 15 minute
demand intervals immediately preceding the provision of notice by the City and the
average of the four 15 minute demand intervals occurring during the hour of the
wholesale supplier's monthly system peak demand. During months in which the City
provides notice of curtailment, but when such curtailment periods fail to coincide with
or encompass the hour in which the wholesale supplier's system peak demand occurs,
the kilowatts of curtailed demand shall be the difference between the average of the four
15 minute demand intervals immediately preceding each and every provision of notice
by the City during the month and the average of the four highest 15 -minute demand
intervals occurring each and every period beginning 30 minutes after provision of notice
and concluding at the time the City declares that the curtailed power is again available.
In no instance shall the reduction in demand resulting from the use of curtailable power
service reduce the firm demand billed to the customer under the otherwise applicable
firm service rate to less than 50 kilowatts.
Electric Service Agreement
City and Simon for Round Rock Project
Page 26 of 33
2. Notification of Curtailment. The City may, at any time, request that the customer
reduce all or any part of the curtailable power upon 30 minutes notice to the customer.
The City shall provide notice verbally or by any otherwise agreed upon means of
communication including but not limited to electronic or mechanical signals. The City
agrees, after the withdrawal of curtailable power, to notify the customer and furnish
available information as to the withdrawal of such power. By notice to the customer, the
City will declare when curtailable power is again available.
3. Limitations of Curtailment. The City shall attempt to limit curtailments to periods in
which the wholesale supplier's system peak will occur. In no event shall the total
number of curtailments requested by the City exceed eight per month or 96 per year, nor
shall any single curtailment exceed four hours in duration per occurrence, or 32 hours in
duration per month, or 384 hours in duration per year.
(Ord. 91-34 § 2; Ord. 91-27 § 2, Exh. B (part))
Sec. 13.04.090. Economic development service rider.
A. Availability. This rider is available to new customers with firm loads greater than 50
kW and to existing customers for increases in firm loads of more than 50 kW. Eligibility
for this rider is limited to customers who increase permanent, full -rime employment.
Service rendered under this rate is subject to the City's rules and regulations. To be
eligible for this rider, the customer must meet the following conditions:
1. A contract must be executed between the City, the customer and the Lower Colorado
River Authority establishing the availability of the wholesale supplier's rider to Schedule
WP -1 economic development service.
2. The customer must provide at least ten new permanent, full-time jobs in order to
qualify for this rider. Transfers of jobs within or between the City and other LCRA
wholesale customers will not be considered new jobs in determining the availability of
the rider.
3. This rider will not be applicable to a customer which is in direct competition with an
existing business or industry within the City.
4. The customer shall be metered separately by LCRA for billing purposes as an
additional point of wholesale delivery unless some other mutually agreeable method
can be established to reliably isolate the new load for billing purposes.
5. Wholesale economic development service shall be made available during periods
when LCRA forecasts available capacity. The economic development rider shall be
discontinued in the event that LCRA's projected annual reserve margin falls below 15
percent prior to January 1995. Applicability of this rider shall be at the sole discretion of
the LCRA and the City.
6. The maximum additional combined load within the LCRA service area available for
application of this rider shall not exceed 50 megawatts.
7. This rider is not available for temporary service and cannot be resold by the
customer.
Electric Service Agreement
City and Simon for Round Rock Project
Page 27 of 33
8. The customer shall provide to the City an affidavit establishing that the economic
development service was an important factor in the decision to locate in the City's
service area.
B. Net Monthly Rate. The monthly bill shall be the greater of (1) the delivery point
charge, adjusted capacity charge, delivery system charge, energy charge and fuel charge
or (2) the minimum monthly bill.
1. Delivery point charge, each: $1,100.00;
2. Capacity charge (see special condition 4)
(a.) Summer: $9.60 per kilowatt of billing demand as defined in special condition 4.
(b.) Off-peak: $6.85 per kilowatt of billing demand as defined in special condition 4.
Capacity charges shall be reduced to reflect the creation of new permanent, full-time
jobs. The capacity charge shall be multiplied by the factors set forth below:
TABLEINSET:
3. Delivery system charge (see special condition 3):$1.97 per kilowatt of billing demand
as defined in special condition 3.
4. Energy charge: $0.00753 per kilowatt hour.
5. Fuel charge: As established on LCRA's schedule fuel charge times the City's loss
factor of 1.041.
C. Special Conditions.
1. The minimum charge for service for each point of delivery under this rider shall be
the sum of the delivery point, capacity and delivery system charges.
2. The above rate is based upon the supply of service to each delivery point at the
primary voltage specified in applicable contracts. In case the service is metered at a
location other than the point of delivery, suitable loss factors shall be used for billing
purposes to account for losses between the meter location and the point of delivery.
3. The delivery system billing demand shall be the higher of (1) highest average sum of
kilowatt demands at all of the customer's delivery points established in any one hour
period during the current month or (2)100 percent of the highest sum of average
kilowatt demand at all of the customer's delivery points established in any one-hour
period during the preceding 11 months. In the case where a customer has also
contracted for interruptible power service (IPS) or economic development service (EDS),
the delivery points included in the calculation of items (1) and (2) in this subdivision
Electric Service Agreement
City and Simon for Round Rock Project
Page 28 of 33
Number of New Jobs Created
11-26
27-51
52-101
101-200
over 200
Nov. 1990—Dec. 1991
73%
61%
53%
48%
46%
Jan. 1992 --Dec. 1992
79%
69%
62%
58%
55%
Jan. 1993—Dec. 1993
85%
78%
73%
69%
68%
Jan. 1994 --Dec. 1994
92%
88%
85%
83%
82%
Jan. 1995--
100%
100%
100%
100%
100%
3. Delivery system charge (see special condition 3):$1.97 per kilowatt of billing demand
as defined in special condition 3.
4. Energy charge: $0.00753 per kilowatt hour.
5. Fuel charge: As established on LCRA's schedule fuel charge times the City's loss
factor of 1.041.
C. Special Conditions.
1. The minimum charge for service for each point of delivery under this rider shall be
the sum of the delivery point, capacity and delivery system charges.
2. The above rate is based upon the supply of service to each delivery point at the
primary voltage specified in applicable contracts. In case the service is metered at a
location other than the point of delivery, suitable loss factors shall be used for billing
purposes to account for losses between the meter location and the point of delivery.
3. The delivery system billing demand shall be the higher of (1) highest average sum of
kilowatt demands at all of the customer's delivery points established in any one hour
period during the current month or (2)100 percent of the highest sum of average
kilowatt demand at all of the customer's delivery points established in any one-hour
period during the preceding 11 months. In the case where a customer has also
contracted for interruptible power service (IPS) or economic development service (EDS),
the delivery points included in the calculation of items (1) and (2) in this subdivision
Electric Service Agreement
City and Simon for Round Rock Project
Page 28 of 33
shall not include the kilowatt demands for the delivery points receiving service under
the EDS or IPS riders.
4. The capacity billing demand shall be the kilowatt demand established during the
LCRA system peak hour (coincident peak) in every month. For the months of June, July,
August and September, the capacity billing demand will be applied to the summer
capacity charge. For all other months, the capacity billing demand will be applied to the
off-peak capacity charge. The minimum capacity billing demand in any month for each
customer delivery point will be equal to 50 percent of the highest average kilowatt
demand at the delivery point established in any one hour period during the current
month.
5. A power agreement in the form used by the City and LCRA m14st be executed by the
customer in order to receive service under this rate schedule.
6. The monthly delivery system demand shall be adjusted to an equivalent 90 percent
power factor for billing at any point of delivery below 90 percent. This adjustment will
not be used in the ratchet provisions in subdivision 3 of this section. This condition will
not apply during the first year of any newly established delivery point.
7. The monthly delivery system demand established by a prearranged or emergency
load transfer will not be used in the ratchet provision in subdivision 3 of this subsection.
(Ord. 91-27 § 2, Exh. B (part))
Sec. 13.04.095. Power cost adjustment factor.
A. Availability. The power cost adjustment factor shall be applied uniformly to the
sales to all customers of the City, except sales made to guard light service.
B. Calculation method. All kilowatt-hours sold, except sales made to guard light
service, shall be adjusted to reflect the cost of purchased power. Service rendered under
this rate is subject to the City's rules and regulations. Monthly billings shall include an
amount per kilowatt-hour to be calculated according to the following formula:
PCAF = PC + PCCF/S — B
C. Definitions.
TABLE INSET:
PCAF
= Monthly power cost adjustment factor
= Monthly cost of wholesale power, including fuel expense, estimated to be
PC
incurred by the City during the month in which the factor is to be applied, plus the
total monthly credits provided under Schedule CPS.
= Power cost correction factor applied to compensate for prior month's over or
PCCF
under collection of power costs due to variance between actual power costs
including fuel and revenues received from application of the power cost
adjustment factor.
S
= Estimated energy sales (kWh), excluding sales made to guard light service,
Electric Service Agreement
City and Simon for Round Rock Project
Page 29 of 33
D. Sales tax. Sales tax, where applicable, will be charged to the consumer in addition to
the above rates.
(Ord. 91-27 § 2, Exh. B (part))
Sec. 13.04.100. Electrical tap fees.
TABLE INSET:
Electrical Connections
during the month in which the factor is to be applied.
Outside City (ETJ)
= Wholesale purchased power cost included in base rates. For purposes of
B
computing the PCAF, B shall equal $0.0466 per kWh during the revenue months of
0--200 amps
May through October and $0.0439 per kWh during the revenue months of
$400.00
November through April.
D. Sales tax. Sales tax, where applicable, will be charged to the consumer in addition to
the above rates.
(Ord. 91-27 § 2, Exh. B (part))
Sec. 13.04.100. Electrical tap fees.
TABLE INSET:
Electrical Connections
Inside City
Outside City (ETJ)
Single phase power
0--200 amps
$400.00
$400.00
201-400 amps
$600.00
$600.00
Greater than 400 amps
Cost of materials and labor
Cost of materials and labor
Three Phase Power
0--200 amps
$1,550.00
$1,550.00
201--400 amps
$2,500.00
$2,500.00
Greater than 400 amps*
Cost of materials and labor
Cost of materials and labor8
(Ord. No. 2001-58, § 5(Exh. C); Prior code § 23-1(A)(10))
* These are actual costs. See Exhibit B for more details.
Electric Service Agreement
City and Simon for Round Rock Project
Page 30 of 33
EXHIBIT B
As of March 3, 2006, Customer owes the following amounts for Electrical Tap Fees pursuant to
Section 13.04.100 "Electrical tap fees," of the Rate Ordinance:
McCord Engineering, Inc.
GEO-42-S.4
City of Georgetown
Round Rock Premium Outlet Mall
Project No. 4AQ-04020
CONNECT FEE SUMMARY
(as of March 3, 2006)
by Transformer Location Number
March 3, 2006
Location
Number
kva
Transformer
Meter
Engineering
Overhead ($)
Connect
Fee
2645
25
$
$
$400.00
2648
500
$ 9,630.95
$1,034.25
$1,066.52
$11,731.72
2649
2000
$21,923.58
$1,034.25
$2,295.78
$25,253.61
2651
2000
$21,923.58
$1,034.25
$2,295.78
$25,253.61
2652
750
$13,825.69
$1,034.25
$1,485.99
$16,345.93
2654
2000
$21,923.58
$1,034.25
$2,295.78
$25,253.61
2655
1000
$15,161.48
$1,034.25
$1,619.57
$17,815.30
2656
500
$ 9,630.95
$1,034.25
$1,066.52
$11,731.72
2660
300
$ 7,276.21
$ 803.35
$ 807.96
$8,887.52
2661
300
$ 9,622.82
$ 974.41
$1,051.72
$11656.95
2664
750
$13,825.69
$1,034.25
$1,485.99
$16,345.93
2665
225
$ 6,325.69
$1,030.41
$ 735.61
$8,091.71
2686
300
$ 6,817.27
$1,034.25
$ 785.15
$8,636.67
Total
I
1
1 $187,404.30
Electric Service Agreement
City and Simon for Round Rock Project
Page 31 of 33
Council Meeting Date: July 25, 2006 Item No. V
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to approve the purchase of pumps, repair services, and
parts from Smith Pump Company, Inc. of Waco, Texas, in an amount not to exceed $90,000.00.
ITEM SUMMARY:
Many of the pumps used in the Georgetowr wastewater system were manufactured by
Hydromatic, Inc. Maintenance and repair of these pumps require parts and services from an
authorized Hydromatic dealer. Smith Pump Company, Inc. is the authorized service center for
Hydromatic pumps in the Central Texas area.
City Council previously approved purchase of pumps, repair services, and parts in an
amount not to exceed $40,000. Recent pump failures will require additional purchase of pumps and
parts for this fiscal year.
Replacement pumps and repairs will be purchased on an as -needed basis.
SPECIAL CONSIDERATIONS:
Smith Pump Company, Inc. is a single source provider of Hydromatic pump parts and
services in the Central Texas area. The Smith Pump Company is the only location that bids will be
received and processed for repairs on Hydromatic pumps.
FINANCIAL IMPACT:
Funds in the amount of $90,000.00 willbe paid from the Wastewater Operations Fund (650-
110 -5204 -PP) and the Irrigation Fund (621-101-5201-00).
GUS BOARD RECOMMENDATION:
The item will be presented to a special GUS Board session just prior to Council meeting.
STAFF RECOMMENDATION:
Staff recommends purchase of pumps, repair services, and parts from Smith Pump
Company, Inc. in an amount not to exceed $90,000.
ATTACHMENTS:
Letter from Smith Pump Company, Inc.
Submitted By: Glenn Dishong / Jim n�sf}�
Water Services Manager✓/ ssistalit Ci� Manager
For Utility Operations
Council Meeting Date: July 25, 2006 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to enter into an agreement between the City and
Operations Management International for the replacement of the Park Water Treatment Plant Filter
Effluent Valves for $34,835.80.
ITEM SUMMARY:
The current OMI contract includes a total of $65,000 for the repair and replacement of
equipment at the water treatment plants. The Park Water Treatment Plant Filter Effluent Valves
need repairs for leakage and electro -mechanical malfunction. Complete replacement of the valves
and actuators will be more cost efficient and will result in equipment uniformity with the Lake
Water Treatment Plant. The repair cost for Park Plant Effluent Valves will exceed the current
contract amount for repairs. This item provides the funds necessary to replace the valves and
actuators to ensure the Park Water Treatment Plant continues to operate at full capacity.
The maximum cost for the repair and OMI overhead is estimated at $34,835.80.
SPECIAL CONSIDERATIONS:
None
FINANCIAL IMPACT:
Funds in the amount of $34,835.80 are currently available and will be paid from the Water
Operations and Maintenance Fund (660-108-5806-00.)
GUS BOARD RECOMMENDATION:
GUS Approved at the regular meeting held on July 18, 2006.
STAFF RECOMMENDATION:
ATTACHMENTS:
OMI agreement for Park Plant Valve Repair.
Submitted By: Glenn Dishong,
Water Services ]
Operations
rig � AGREEMENT FOR PROFESSIONALSERVICES
its Agreement is by and between Operations Management International, Inc. (OMI) and the Client identified below
(collectively, the "Parties").
OMI's Office Address: 9193 S. Jamaica Street, Englewood, CO 80112
Client: City of Georgetown
Client's Office Address: 113 E. 8" Street, Georgetown, TX 78626
Project Name: 12 "Valve and Actuator Replacement at Park Plant
Project Location: Georgetown, TX
Client Project Number. OMI Project Number.
1 SCOPE OF SERVICES
OMI will perform the following Scope of Services:
Labor and Material to purchase and replace 4- 12' Valves and
actuators at the San Gabriel Water Treatment Plant.
2 COMPENSATION
Compensation by Client to OMI shall be paid at OMI's direct
costs plus fifteen percent (15%).
Estimated cost for depolition and replacement: total of
$30,292.00 + 15%= $$.g/"83580 estimated total cost.
rk performed under miss AGREEMENT may be performed
ng labor from affiliated companies of OMI. Such labor will be
:d to Client under the same billing terms applicable to OMI's
employees.
3 INVOICES AND TERMS OF PAYMENT
3.1 Unless otherwise agreed to by the Parties, monthly invoices
will be issued by OMI for all Work performed under this
Agreement.
3.2 Invoices are due and payable on receipt. Interest at a rate of
1-1/2 percent per month, or that permitted by law if lesser,
will be charged on all past -due amounts starting 30 days
after date of invoice. Payments will first be credited to
interest and then to principal. In the event of a disputed or
contested billing, only that portion so contested shall be
withheld from payment, and the undisputed portion shall be
paid. Interest shall accrue on any contested portion of the
billing and shall be payable immediately if the contested
billing is resolved in favor of OMI.
3.3 In the event of a disputed billing, only the disputed portion
will be withheld from payment, and Client shall pay the
undisputed portion. Client will exercise reasonableness in
disputing any bill or portion thereof. No interest will accrue
on any disputed portion of the billing until mutually resolved.
3.4 If Client fails to make payment in full within 30 days of the
date due for any undisputed billing, OMI may, after giving 7
days' written notice to Client, suspend services under this
AGREEMENT until paid in full, including interest. In the
event of suspension of services, OMI will have no liability to
Client for delays or damages caused by Client because of
such suspension.
4 OBLIGATIONS OF OMI
4.1 Standard of Care
The standard of care applicable to OMI's services will be the
degree of skill and diligence normally employed by
professionals performing the same or similar services at the
time OMI's services are performed.
4.2 Opinions of Cost, Financial Considerations, and
Schedules
In providing opinions of cost, financial analyses, economic
feasibility projections, and schedules for the PROJECT, OMI
has no control over cost or price of labor and materials;
unknown or latent conditions of existing equipment or
structures that may affect operation or maintenance costs;
competitive bidding procedures and market conditions; time
or quality of performance by operating personnel or third
parties; and other economic and operational factors that
may materially affect the ultimate PROJECT cost or
schedule. Therefore, OMI makes no warranty that Client's
actual PROJECT costs, financial aspects, economic
feasibility, or schedules will not vary from OMI's opinions,
analyses, projections, or estimates.
If Client wishes greater assurance as to any element of
PROJECT cost, feasibility, or schedule, Client will employ
an independent cost estimator, contractor, or other
appropriate advisor.
4.3 OMI's Insurance
OMI will maintain throughout this AGREEMENT the
following insurance:
Worker's compensation and employer's liability insurance as
required by the state where the work is performed.
Comprehensive automobile and vehicle liability insurance
covering claims for injuries to members of the public and/or
damages to property of others arising from use of motor
vehicles, including onsite and offsite operations, and owned,
non -owned, or hired vehicles, with $1,000,000 combined
single limits.
Commercial general liability insurance covering claims for
injuries to members of the public or damage to property of
others arising out of any covered negligent act or omission
of OMI or of any of its employees, agents, or subcontractors,
with $1,000,000 per occurrence and in the aggregate.
Client will be named as an additional insured with respect to
OMI's liabilities hereunder in insurance coverages identified
Professional Services Agreement - Rev. 04/2005 Page 1 of 4
above (except with respect to worker's compensation and
employer's liability insurance) and OMI waives subrogation
against Client as to said policies.
4.4 Warranties and Completion
4.4.1 OMI warrants that all materials and equipment
furnished under this Agreement will be new, unless
otherwise specified, of good quality and free from
defective workmanship and materials. Warranties
shall commence on the date of Completion as
determined by OMI.
4.4.2 OMI will pass through to Client the warranty extended
by the manufacturer for all products, equipment,
systems or materials. There are no warranties that
extend beyond the description on the face thereof.
4.4.3 All other warranties, express or implied, including
any warranty of merchantability and any warranty
of fitness for a particular purpose are expressly
disclaimed.
5 OBLIGATIONS OF Client
5.1 Client -Furnished Data
Client will provide to OMI all data in Client's possession
relating to OMI's services on the PROJECT. OMI will
reasonably rely upon the accuracy, timeliness, and
completeness of the information provided by Client.
5.2 Access to Facilities and Property
Client will make its facilities accessible to OMI as required
for OMI's performance of its services and will provide labor
and safety equipment as required by OMI for such access.
Client will perform, at no cost to OMI, such tests of
equipment, machinery, pipelines, and other components of
Client's facilities as may be required in connection with
OMI's services.
Operations Assistance and Services
Client authorizes OMI to operate, modify, inspect and
otherwise physically manipulate equipment, furnishings,
property and other elements associated with the Work.
Client authorizes OMI to take such actions in these respects
as OMI considers necessary to meet the objectives of the
Work.
5.4 Advertisements, Permits, and Access
Unless otherwise agreed to In the Scope of Services, Client
will obtain, arrange, and pay for all advertisements for bids;
permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access
necessary for OMI's services or PROJECT construction.
5.5 Timely Review
Client will examine OMI's studies, reports, sketches,
drawings, specifications, proposals, and other documents;
obtain advice of an attorney, insurance counselor,
accountant, auditor, bond and financial advisors, and other
consultants as Client deems appropriate; and render in
writing decisions required by Client in a timely manner.
5.6 Prompt Notice
Client will give prompt written notice to OMI whenever Client
observes or becomes aware of any development that affects
the scope or timing of OMI's Services, or of any defect in the
work of OMI.
Asbestos or Hazardous Substances
5.7.1 If asbestos or hazardous substances in any form are
encountered or suspected, OMI will stop its own work
in the affected portions of the PROJECT to permit
testing and evaluation.
5.7.2 If asbestos is suspected, OMI will, if requested,
manage the asbestos remediation activities using a
qualified subcontractor at an additional fee and
contract terms to be negotiated.
5.7.3 If hazardous substances other than asbestos are
suspected, OMI will, If requested, conduct tests to
determine the extent of the problem and will perform
the necessary studies and recommend the necessary
remedial measures at an additional fee and contract
terms to be negotiated.
5.7.4 Client recognizes that OMI assumes no risk and/or
liability for a waste or hazardous waste site originated
by other than OMI.
5.8 Client's Insurance
5.8.1 Client will maintain property insurance on all pre-
existing physical facilities associated in any way with
the PROJECT.
5.8.2 Client will provide for a waiver of subrogation as to all
Client -carded property damage insurance, in favor of
OMI, OMI's officers, employees, affiliates, and
subcontractors.
5.9 Litigation Assistance
The Scope of Services does not include costs of OMI for
required or requested assistance to support, prepare,
document, bring, defend, or assist in litigation undertaken or
defended by Client. All such Services required or requested
of OMI by Client, except for suits or claims between the
parties to this AGREEMENT, will be reimbursed as mutually
agreed.
5.10 Changes
Client may request changes within the general Scope of
Services in this AGREEMENT. If such changes affect OMI's
cost of or time required for performance of the services, an
equitable adjustment will be made through an amendment to
this AGREEMENT. All requested changes will be made an
in writing and are subject to acceptance by OMI.
6 GENERAL LEGAL PROVISIONS
6.1 Authorization to Proceed
Execution of this Agreement by Client will be authorization
for OMI to proceed with the work, unless otherwise provided
for in this Agreement.
6.2 Force Majeure
OMI is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other
events beyond the control of OMI. In any such event, OMI'S
contract price and schedule shall be equitably adjusted.
6.3 Limitation of Liability
OMI's liability for Client's damages, in the aggregate, shall
not exceed the total compensation received by OMI from
Client for services provided under this Agreement. OMI's
liability to Client under this Agreement specifically excludes
any and all indirect or consequential damages arising from
the Work contemplated under this Agreement. OMI shall
not be liable for fines or civil penalties, which may be
imposed by a regulatory agency, which are occasioned by
the provision of services under this Agreement. The
limitations of liability shall apply whether OMI's liability arises
under breach of contract or warranty; tort, including
negligence; strict liability; statutory liability; or any other
cause, except the limitations shall not apply to willful
misconduct or gross negligence. Said limitations shall apply
to OMI's officers, affiliated corporations, employees, and
subcontractors.
Professional Services Agreement — Rev. 04/2005 Page 2 of 4
6.4 Indemnification
OMI shall indemnify and hold Client harmless from any and
all claims, damages, losses, and expenses, including
litigation costs and attorney's fees, to the extent that such
are due to the negligent actions of OMI directly related to
this Work. Similarly, Client shall indemnify and hold OMI
harmless from any and all claims, damages, losses, and
expenses, including litigation costs and attorney's fees, to
the extent that such are due to actions or inactions of Client
directly related to this Work. Client's indemnification of OMI
specifically extends to, but is not limited to, the presence,
discharge, release, or escape of contaminants of any kind,
excepting only such liability as may arise out of the sole
negligence of OMI, and limited to the extent that OMI is
negligent in the performance of services under this
Agreement.
6.5 Consequential Damages
To the maximum extent permitted by law, OMI and OMI's
affiliated corporations, officers, employees, and
subcontractors shall not be liable for Client's special,
indirect, or consequential damages, whether such damages
arise out of breach of contract or warranty, tort including
negligence, strict or statutory liability, or any other cause of
action. In order to protect OMI against Indirect liability or
third -party proceedings, Client will indemnify OMI for any
such damages.
6.6 Termination
This Agreement may be terminated by OMI for its
convenience on 30 days' written notice; or by either party for
cause upon 30 days' written notice to the other party, if
either party fails to substantially perform through no fault of
the other and does not commence correction of such
nonperformance within 5 days of written notice and diligently
complete the correction thereafter.
On termination, OMI shall be paid for all authorized Work
performed up to the termination date. If termination is for
convenience, OMI shall be paid termination expenses, such
as, but not limited to, reassignment of personnel,
subcontract termination costs, and related closeout costs. If
no notice of termination is given, relationships and
obligations created by this Agreement will be terminated
upon completion of all applicable requirements of this
Agreement, except as provided under Paragraph 6.7
'Severability and Survival).
6.7 Severability and Survival
If any of the provisions contained in this Agreement are held
illegal, invalid or unenforceable, the enforceability of the
remaining provisions shall not be impaired thereby.
Limitations of liability indemnities and other express
representations shall survive termination of this Agreement.
6.8 No Conflict of Interest for Future Work
The Work performed by OMI under this Agreement does not
preclude OMI from proposing on or providing such services
to Client in the future. Information and knowledge gained by
OMI in providing services under this contract shall not
constitute a conflict of interest in proposing on or providing
full contract operations, full contract maintenance, or full
contract utility management.
6.9 Jurisdiction
The law of the State where the Scope of Services is being
performed shall govern the validity of this Agreement, its
interpretation and performance, and any other claims related
to it.
6.10 Third Party Beneficiaries and Scope of Services
This Agreement gives no rights or benefits to anyone other
than Client and OMI and has no third party beneficiaries.
The Work to be performed for Client by OMI is defined
solely by this Agreement, and not by any other contract or
agreement that may be associated with the Work.
6.11 Materials and Samples
Any items, substances, materials, or samples removed from
the project site for testing, analysis, or other evaluation will
be returned to the project site within 60 days of close-out
unless agreed to otherwise. Exceptions to this clause are
items subjected to destructive testing or samples with
nominal intrinsic value, such as samples of liquid, solid or
gaseous materials that are non -hazardous. Client
recognizes and agrees that OMI is acting as a bailee and at
no time assumes title to said items, substances, materials,
or samples.
6.12 Assignments
This is a bilateral personal services Agreement. Neither
party shall have the power to or will assign any of the duties
or rights or any claim arising out of or related to this
Agreement, whether arising in tort, contract or otherwise,
without the written consent of the other party. Any
unauthorized assignment is void and unenforceable. These
conditions and the entire Agreement are binding on the
heirs, successors, and assigns of the parties hereto.
6.13 Dispute Resolution
The parties will use their best efforts to resolve amicably any
dispute, including use of alternative dispute resolution
options.
6.14 Confidentiality and Nondisclosure
To enable OMI and Client to conduct activities related to the
Scope of this Agreement, it may be necessary for OMI to
disclose proprietary or confidential information of Client. In
that regard, OMI and Client agrees, for a period of five (5)
years from the date of disclosure of Information identified as
proprietary or confidential, that OMI will treat the information
in strictest confidence and will not disclose it to third parties
unless the information:
(a) Was part of the public domain when received or
becomes a part of the public domain through no action or
lack of action by OMI or Client.
(b) Prior to disclosure, was already in OMI or Client's
possession and not subject to an obligation of confidence
imposed in another relationship.
(c) Subsequent to disclosure, is obtained from a third party
who is lawfully in possession of the information and not
subject to a contractual relationship with OMI or Client with
respect to the information.
6.15 Ownership of Work Products and Intellectual Property
All of the Work products of OMI In executing this Project
(including all the rights related to such Work Products) shall
be the sole property of OMI, subject to the rights of the
Client, as the case may be. All reports, data, information,
documents, specifications, flow -charts, discoveries, know-
how, inventions, processes, firmware, computer software,
source and object code, and software documentation as well
as any resulting intellectual property, including but not
limited to, invention disclosures, provisional patent
applications, regular patent applications, patents, trade
secrets, proprietary information, copyrights, trademarks,
service marks, domain names, trade dress, and moral rights
developed during the course of, or as a result of, the Project
Professional Services Agreement - Rev. 04/2005 Page 3 of 4
shall be the sole property of OMI, subject to the rights of the all prior written or oral understandings, and may only be
Client, as the case may be. changed by a written amendment executed by both parties.
7 ATTACHMENTS, SCHEDULES, AND SIGNATURES
This AGREEMENT, including its attachments and
schedules, constitutes the entire AGREEMENT, supersedes
IN WITNESS WHEREOF, the parties execute below:
Approved for Client (Print and sign name) I Approved for OMI (Print aryl-iyr7 name)
By
Name Glenn Dishong
Title Water Services
Date
L09
Name
Title Sr.
Date
Professional Services Agreement — Rev. 04/2005 Page 4 of 4
Council Meeting Date: July 25, 2006 Item No. Loa
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to enter into an agreement between the City and
Operations Management International for the repair of the Lake Water Treatment Plant Filter #4 for
$89,757.50.
ITEM SUMMARY:
The current OMI contract includes a total of $65,000 for the repair and replacement of
equipment at the water treatment plants. The #4 Filter has experienced a failure similar to the
failure of the #3 filter earlier this year. The repair cost for the #4 Lake Plant Filter will exceed the
current contract amount for repairs. This item provides the funds necessary to conduct the
necessary repairs on the filter to ensure the Lake Water Treatment Plant can operate at full capacity
with a backup filter as required by TCEQ design rules.
The maximum cost for the repair and OMI overhead is estimated at $89,757.50.
SPECIAL CONSIDERATIONS:
None
FINANCIAL IMPACT:
Funds in the amount of $89,757.50 are currently available and will be paid from the
Water Operations and Maintenance Fund (660-109-5302-00.)
GUS BOARD RECOMMENDATION:
GUS Board approved at the regular meeting held on July 18, 2006.
STAFF RECOMMENDATION:
ATTACHMENTS:
OMI agreement for LWTP #4 Filter Repair.
Submitted By: Glenn Dishong,
Water Services
for Utility Operations
i AGREEMENT FOR PRO�ESSIONALSERVICES
r
is Agreement is by and between Operations Management International, Inc. (OM1) and the Client identified below
(collectively, the "Parties").
OMI's Office Address: 9193 S. Jamaica Street, Englewood, CO 80112
Client: City of Georgetown
Client's Office Address: 113 E. 8" Street, Georgetown, TX 78626
Project Name: Filter Four Refurbishment at the Lake Plant
Project Location: Georgetown, TX
Client Project Number. OMI Project Number:
1 SCOPE OF SERVICES
OMI will perform the following Scope of Services:
Labor and Materials to replace under drain in Filter #4
Georgetown Lake Water Treatment Plant and return to service.
2. COMPENSATION
Compensation by Client to OMI shall be paid at OMI's direct
costs plus fifteen percent (15%).
Estimated cost for demolition and replacement: $78,050.00+
15%= $89,757.50 estimated total cost
'"'--k performed under this AGREEMENT may be performed
g labor from affiliated companies of OMI. Such labor will be
d to Client under the same billing terns applicable to OMI's
employees.
3 INVOICES AND TERMS OF PAYMENT
3.1 Unless otherwise agreed to by the Parties, monthly invoices
will be issued by OMI for all Work performed under this
Agreement.
3.2 Invoices are due and payable on receipt. Interest at a rate of
1-1/2 percent per month, or that permitted by law if lesser,
will be charged on all past -due amounts starting 30 days
after date of invoice. Payments will first be credited to
interest and then to principal. In the event of a disputed or
contested billing, only that portion so contested shall be
withheld from payment, and the undisputed portion shall be
paid. Interest shall accrue on any contested portion of the
billing and shall be payable immediately if the contested
billing is resolved in favor of OMI.
3.3 In the event of a disputed billing, only the disputed portion
will be withheld from payment, and Client shall pay the
undisputed portion. Client will exercise reasonableness in
disputing any bill or portion thereof. No interest will accrue
on any disputed portion of the billing until mutually resolved.
3.4 If Client fails to make payment in full within 30 days of the
date due for any undisputed billing, OMI may, after giving 7
days' written notice to Client, suspend services under this
AGREEMENT until paid in full, including interest. In the
event of suspension of services, OMI will have no liability to
;Ilent for delays or damages caused by Client because of
ruch suspension.
4 OBLIGATIONS OF OMI
Professional Services Agreement — Rev. 04/2005
4.1 Standard of Care
The standard of care applicable to OMI's services will be the
degree of skill and diligence normally employed by
professionals performing the same or similar services at the
time OMI's services are performed.
4.2 Opinions of Cost, Financial Considerations, and
Schedules
In providing opinions of cost, financial analyses, economic
feasibility projections, and schedules for the PROJECT, OMI
has no control over cost or price of labor and materials;
unknown or latent conditions of existing equipment or
structures that may affect operation or maintenance costs;
competitive bidding procedures and market conditions; time
or quality of performance by operating personnel or third
parties; and other economic and operational factors that
may materially affect the ultimate PROJECT cost or
schedule. Therefore, OMI makes no warranty that Client's
actual PROJECT costs, financial aspects, economic
feasibility, or schedules will not vary from OMI's opinions,
analyses, projections, or estimates.
If Client wishes greater assurance as to any element of
PROJECT cost, feasibility, or schedule, Client will employ
an Independent cost estimator, contractor, or other
appropriate advisor.
4.3 OMI's Insurance
OMI will maintain throughout this AGREEMENT the
following insurance:
Worker's compensation and employer's liability insurance as
required by the state where the work is performed.
Comprehensive automobile and vehicle liability insurance
covering claims for injuries to members of the public and/or
damages to property of others arising from use of motor
vehicles, including onsite and offsite operations, and owned,
non -owned, or hired vehicles, with $1,000,000 combined
single limits.
Commercial general liability insurance covering claims for
injuries to members of the public or damage to property of
others arising out of any covered negligent act or omission
of OMI or of any of its employees, agents, or subcontractors,
with $1,000,000 per occurrence and in the aggregate.
Client will be named as an additional insured with respect to
OMI's liabilities hereunder in insurance coverages identified
Page 1 of 4
above (except with respect to worker's compensation and
employer's liability insurance) and OMI waives subrogation
against Client as to said policies.
4.4 Warranties and Completion
4.4.1 OMI warrants that all materials and equipment
fumished under this Agreement will be new, unless
otherwise specified, of good quality and free from
defective workmanship and materials. Warranties
shall commence on the date of Completion as
determined by OMI.
4.4.2 OMI will pass through to Client the warranty extended
by the manufacturer for all products, equipment,
systems or materials. There are no warranties that
extend beyond the description on the face thereof.
4.4.3 All other warranties, express or Implied, Including
any warranty of merchantability and any warranty
of fitness for a particular purpose are expressly
disclaimed.
5 OBLIGATIONS OF Client
5.1 Client -Furnished Data
Client will provide to OMI all data in Client's possession
relating to OMI's services on the PROJECT. OMI will
reasonably rely upon the accuracy, timeliness, and
completeness of the information provided by Client.
5.2 Access to Facilities and Property
Client will make its facilities accessible to OMI as required
for OMI's performance of its services and will provide labor
and safety equipment as required by OMI for such access.
Client will perform, at no cost to OMI, such tests of
equipment, machinery, pipelines, and other components of
Client's facilities as may be required in connection with
OMI's services.
Operations Assistance and Services
Client authorizes OMI to operate, modify, inspect and
otherwise physically manipulate equipment, furnishings,
property and other elements associated with the Work.
Client authorizes OMI to take such actions in these respects
as OMI considers necessary to meet the objectives of the
Work.
5.4 Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, Client
will obtain, arrange, and pay for all advertisements for bids;
permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access
necessary for OMI's services or PROJECT construction.
5.5 Timely Review
Client will examine OMI's studies, reports, sketches,
drawings, specifications, proposals, and other documents;
obtain advice of an attorney, insurance counselor,
accountant, auditor, bond and financial advisors, and other
consultants as Client deems appropriate; and render in
writing decisions required by Client in a timely manner.
5.6 Prompt Notice
Client will give prompt written notice to OMI whenever Client
observes or becomes aware of any development that affects
the scope or timing of OMI's Services, or of any defect in the
work of OM1.
Asbestos or Hazardous Substances
5.7.1 If asbestos or hazardous substances in any form are
encountered or suspected, OM1 will stop its own work
in the affected portions of the PROJECT to permit
testing and evaluation.
Professional Services Agreement — Rev. 04/2005
5.7.2 If asbestos is suspected, OMI will, if requested,
manage the asbestos remediation activities using a
qualified subcontractor at an additional fee and
contract terms to be negotiated.
5.7.3 If hazardous substances other than asbestos are
suspected, OMI will, if requested, conduct tests to
determine the extent of the problem and will perform
the necessary studies and recommend the necessary
remedial measures at an additional fee and contract
terms to be negotiated.
5.7.4 Client recognizes that OMI assumes no risk and/or
liability for a waste or hazardous waste site originated
by other than OMI.
5.8 Client's Insurance
5.8.1 Client will maintain property insurance on all pre-
existing physical facilities associated in any way with
the PROJECT.
5.8.2 Client will provide for a waiver of subrogation as to all
Client -carried property damage insurance, in favor of
OMI. OMI's officers, employees, affiliates, and
subcontractors.
5.9 Litigation Assistance
The Scope of Services does not include costs of OMI for
required or requested assistance to support, prepare,
document, bring, defend, or assist in litigation undertaken or
defended by Client. All such Services required or requested
of OMI by Client, except for suits or claims between the
parties to this AGREEMENT, will be reimbursed as mutually
agreed.
5.10 Changes
Client may request changes within the general Scope of
Services in this AGREEMENT. If such changes affect OMI's
cost of or time required for performance of the services, an
equitable adjustment will be made through an amendment to
this AGREEMENT. All requested changes will be made an
in writing and are subject to acceptance by OMI.
6 GENERAL LEGAL PROVISIONS
6.1 Authorization to Proceed
Execution of this Agreement by Client will be authorization
for OMI to proceed with the work, unless otherwise provided
for in this Agreement.
6.2 Force Majeure
OMI is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other
events beyond the control of OM1. In any such event, OMI'S
contract price and schedule shall be equitably adjusted.
6.3 Limitation of Liability
OMI's liability for Client's damages, in the aggregate, shall
not exceed the total compensation received by OMI from
Client for services provided under this Agreement. OMI's
liability to Client under this Agreement specifically excludes
any and all indirect or consequential damages arising from
the Work contemplated under this Agreement. OMI shall
not be liable for fines or civil penalties, which may be
imposed by a regulatory agency, which are occasioned by
the provision of services under this Agreement. The
limitations of liability shall apply whether OMI's liability arises
under breach of contract or warranty; tort, including
negligence; strict liability; statutory liability; or any other
cause, except the limitations shall not apply to willful
misconduct or gross negligence. Said limitations shall apply
to OMI's officers, affiliated corporations, employees, and
subcontractors.
Page 2 of 4
6.4 Indemnification
OMI shall indemnify and hold Client harmless from any and
all claims, damages, losses, and expenses, Including
litigation costs and attorney's fees, to the extent that such
are due to the negligent actions of OMI directly related to
this Work. Similarly, Client shall indemnify and hold OMI
harmless from any and all claims, damages, losses, and
expenses, including litigation costs and attorney's fees, to
the extent that such are due to actions or inactions of Client
directly related to this Work. Client's indemnification of OMI
specifically extends to, but is not limited to, the presence,
discharge, release, or escape of contaminants of any kind,
excepting only such liability as may arise out of the sole
negligence of OMI, and limited to the extent that OMI is
negligent in the performance of services under this
Agreement.
6.5 Consequential Damages
To the maximum extent permitted by law, OMI and OMI's
affiliated corporations, officers, employees, and
subcontractors shall not be liable for Client's special,
indirect, or consequential damages, whether such damages
arise out of breach of contract or warranty, tort including
negligence, strict or statutory liability, or any other cause of
action. In order to protect OMI against indirect liability or
third -party proceedings, Client will indemnify OMI for any
such damages.
6.6 Termination
This Agreement may be terminated by OMI for its
convenience on 30 days' written notice; or by either party for
cause upon 30 days' written notice to the other party, if
either party fails to substantially perform through no fault of
the other and does not commence correction of such
nonperformance within 5 days of written notice and diligently
complete the correction thereafter.
On termination, OMI shall be paid for all authorized Work
performed up to the termination date. If termination is for
convenience, OMI shall be paid termination expenses, such
as, but not limited to, reassignment of personnel,
subcontract termination costs, and related closeout costs. If
no notice of termination is given, relationships and
obligations created by this Agreement will be terminated
upon completion of all applicable requirements of this
Agreement, except as provided under Paragraph 6.7
'Severability and Survival).
6.7 Severability and Survival
If any of the provisions contained in this Agreement are held
illegal, invalid or unenforceable, the enforceability of the
remaining provisions shall not be impaired thereby.
Limitations of liability indemnities and other express
representations shall survive termination of this Agreement.
6.8 No Conflict of Interest for Future Work
The Work performed by OMI under this Agreement does not
preclude OMI from proposing on or providing such services
to Client in the future. Information and knowledge gained by
OMI in providing services under this contract shall not
constitute a conflict of interest In proposing on or providing
full contract operations, full contract maintenance, or full
contract utility management.
6.9 Jurisdiction
The law of the State where the Scope of Services Is being
performed shall govern the validity of this Agreement, its
interpretation and performance, and any other claims related
to it.
6.10 Third Party Beneficiaries and Scope of Services
This Agreement gives no rights or benefits to anyone other
than Client and OMI and has no third party beneficiaries.
The Work to be performed for Client by OMI is defined
solely by this Agreement, and not by any other contract or
agreement that may be associated with the Work.
6.11 Materials and Samples
Any items, substances, materials, or samples removed from
the project site for testing, analysis, or other evaluation will
be returned to the project site within 60 days of closeout
unless agreed to otherwise. Exceptions to this clause are
items subjected to destructive testing or samples with
nominal intrinsic value, such as samples of liquid, solid or
gaseous materials that are non -hazardous. Client
recognizes and agrees that OMI is acting as a bailee and at
no time assumes title to said items, substances, materials,
or samples.
6.12 Assignments
This is a bilateral personal services Agreement. Neither
party shall have the power to or will assign any of the duties
or rights or any claim arising out of or related to this
Agreement, whether arising in tort, contract or otherwise,
without the written consent of the other party. Any
unauthorized assignment is void and unenforceable. These
conditions and the entire Agreement are binding on the
heirs, successors, and assigns of the parties hereto.
6.13 Dispute Resolution
The parties will use their best efforts to resolve amicably any
dispute, including use of alternative dispute resolution
options.
6.14 Confidentiality and Nondisclosure
To enable OMI and Client to conduct activities related to the
Scope of this Agreement, it may be necessary for OMI to
disclose proprietary or confidential information of Client. In
that regard, OMI and Client agrees, for a period of five (5)
years from the date of disclosure of information identified as
proprietary or confidential, that OMI will treat the information
in strictest confidence and will not disclose it to third parties
unless the information:
(a) Was part of the public domain when received or
becomes a part of the public domain through no action or
lack of action by OMI or Client.
(b) Prior to disclosure, was already in OMI or Client's
possession and not subject to an obligation of confidence
imposed in another relationship.
(c) Subsequent to disclosure, is obtained from a third party
who is lawfully in possession of the information and not
subject to a contractual relationship with OMI or Client with
respect to the information.
6.15 Ownership of Work Products and Intellectual Property
All of the Work products of OMI in executing this Project
(Including all the rights related to such Work Products) shall
be the sole property of OMI, subject to the rights of the
Client, as the case may be. All reports, data, information,
documents, specifications, flow -charts, discoveries, know-
how, Inventions, processes, firmware, computer software,
source and object code, and software documentation as well
as any resulting intellectual property, including but not
limited to, invention disclosures, provisional patent
applications, regular patent applications, patents, trade
secrets, proprietary information, copyrights, trademarks,
service marks, domain names, trade dress, and moral rights
developed during the course of, or as a result of, the Project
Professional Services Agreement — Rev. 04/2005 Page 3 of 4
shall be the sole property of OMI, subject to the rights of the
Client, as the case may be.
7 ATTACHMENTS, SCHEDULES, AND SIGNATURES
This AGREEMENT, including its attachments and
schedules, constitutes the entire AGREEMENT, supersedes
IN WITNESS WHEREOF, the parties execute below:
Approved for Client
By
Name Glenn Dishong
Title Water Services
Date
(Print and sign name)
all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties.
Approved for OMI (Print and si ame)
By
Name oger B.
Title Sr. Vic resident
Date —45)�p
ral
Professional Services Agreement — Rev. 04/2005 Page 4 of 4
Council Meeting Date: July 25, 2006 Item No. bl3
AGENDA ITEM COVER SHEET
SUBIECT:,
Consideration and possible action to enter into an agreement between the City and
Operations Management International for the repair of the Lake Water Treatment Plant Raw
Water Pump #1 for $63,192.50.
ITEM SUMMARY:
The current OMI contract includes a total of $65,000 for the repair and replacement of
equipment at the water treatment plants. The repair cost for the #1 raw water will exceed the
current contract amount for repairs. This item provides the funds necessary to conduct the
necessary repairs on the pump to ensure the Lake Water Treatment Plant can operate at full
capacity with a backup pump as required by TCEQ design rules.
The maximum cost for the repair and OMI overhead is estimated at $63,192.50.
SPECIAL CONSIDERATIONS:
None
FINANCIAL IMPACT:
Funds in the amount of $63,192.50 are currently available and will be paid from the
Water Operations and Maintenance Fund (660-109-5302-00.)
GUS BOARD RECOMMENDATION:
GUS Board approved at the regular meeting held on July 18, 2006.
STAFF RECOMMENDATION:
ATTACHMENTS:
OMI agreement for LWTP Raw Pp #1 Repair.
Submitted By: Glenn Dishong,
Water Services Manager
for Utility Operations
0 OMI AGREEMENT FOR PROFESSIONALSERVICES
'1111W
its Agreement is by and between Operations Management International, Inc. (OMI) and the Client identified below
(collectively, the "Parties").
OMI's Office Address: 9193 S. Jamaica Street, Englewood, CO 80112
Client:
City of Georgetown
Client's Office Address:
113 E. 8m Street, Georgetown, TX 78626
Project Name:
Raw Pump #1 Repair — Lake Plant
Project Location:
Georgetown, TX
Client Project Number. OMI Project Number.
1 SCOPE OF SERVICES
OMI will perform the following Scope of Services:
Remove, repair and re -install Raw Pump #1 at the Lake Plant.
2 COMPENSATION
Compensation by Client to OMI shall be paid at OMI's direct
costs plus fifteen percent (15%).
Estimated cost for Removal, inspection, repair and re -installation
$54,950.00 + 15% = $63,192.50. This is an estimate of cost
only. Client will be responsible for payment of actual costs
in --red.
ual cost for this OOS will be determined after the factory tears
motor down to determine the cause of failure and the extent
of the necessary repairs to the motor. Pump bowl will be tom
down and evaluated by Smith Pump Company before
reassembly and installation.
Work performed under this AGREEMENT may be performed
using labor from affiliated companies of OMI. Such labor will be
billed to Client under the same billing terms applicable to OMI's
employees.
3 INVOICES AND TERMS OF PAYMENT
3.1 Unless otherwise agreed to by the Parties, monthly invoices
will be issued by OMI for all Work performed under this
Agreement.
3.2 Invoices are due and payable on receipt. Interest at a rate of
1-1/2 percent per month, or that permitted by law if lesser,
will be charged on all past -due amounts starting 30 days
after date of invoice. Payments will first be credited to
interest and then to principal. In the event of a disputed or
contested billing, only that portion so contested shall be
withheld from payment, and the undisputed portion shall be
paid. Interest shall accrue on any contested portion of the
billing and shall be payable immediately if the contested
billing is resolved in favor of OMI.
3.3 In the event of a disputed billing, only the disputed portion
will be withheld from payment, and Client shall pay the
undisputed portion. Client will exercise reasonableness in
disputing any bill or portion thereof. No interest will accrue
on any disputed portion of the billing until mutually resolved.
If Client fails to make payment in full within 30 days of the
date due for any undisputed billing, OMI may, after giving 7
days' written notice to Client, suspend services under this
AGREEMENT until paid in full, including interest. In the
event of suspension of services, OMI will have no liability to
Client for delays or damages caused by Client because of
such suspension.
4 OBLIGATIONS OF OMI
4.1 Standard of Care
The standard of care applicable to OMI's services will be the
degree of skill and diligence normally employed by
professionals performing the same or similar services at the
time OMI's services are performed.
4.2 Opinions of Cost, Financial Considerations, and
Schedules
In providing opinions of cost, financial analyses, economic
feasibility projections, and schedules for the PROJECT, OMI
has no control over cost or price of labor and materials;
unknown or latent conditions of existing equipment or
structures that may affect operation or maintenance costs;
competitive bidding procedures and market conditions; time
or quality of performance by operating personnel or third
parties; and other economic and operational factors that
may materially affect the ultimate PROJECT cost or
schedule. Therefore, OMI makes no warranty that Client's
actual PROJECT costs, financial aspects, economic
feasibility, or schedules will not vary from OMI's opinions,
analyses, projections, or estimates.
If Client wishes greater assurance as to any element of
PROJECT cost, feasibility, or schedule, Client will employ
an independent cost estimator, contractor, or other
appropriate advisor.
4.3 OMI's Insurance
OMI will maintain throughout this AGREEMENT the
following insurance:
Worker's compensation and employer's liability insurance as
required by the state where the work is performed.
Comprehensive automobile and vehicle liability insurance
covering claims for injuries to members of the public and/or
damages to property of others arising from use of motor
vehicles, including onsite and offsite operations, and owned,
non -owned, or hired vehicles, with $1,000,000 combined
single limits.
Commercial general liability insurance covering claims for
injuries to members of the public or damage to property of
others arising out of any covered negligent act or omission
Professional Services Agreement — Rev. 04/2005 Page 1 of 4
of OMI or of any of its employees, agents, or subcontractors,
with $1,000,000 per occurrence and in the aggregate.
Client will be named as an additional insured with respect to
OMI's liabilities hereunder in insurance coverages identified
above (except with respect to worker's compensation and
employer's liability insurance) and OMI waives subrogation
against Client as to said policies.
4.4 Warranties and Completion
4.4.1 OMI warrants that all materials and equipment
furnished under this Agreement will be new, unless
otherwise specified, of good quality and free from
defective workmanship and materials. Warranties
shall commence on the date of Completion as
determined by OMI.
4.4.2 OMI will pass through to Client the warranty extended
by the manufacturer for all products, equipment,
systems or materials. There are no warranties that
extend beyond the description on the face thereof.
4.4.3 All other warranties, express or implied, Including
any warranty of merchantability and any warranty
of fitness for a particular purpose are expressly
disclaimed.
5 OBLIGATIONS OF Client
5.1 Client -Furnished Data
Client will provide to OMI all data in Client's possession
relating to OMI's services on the PROJECT. OMI will
reasonably rely upon the accuracy, timeliness, and
completeness of the information provided by Client.
5.2 Access to Facilities and Property
Client will make its facilities accessible to OMI as required
for OMI's performance of its services and will provide labor
and safety equipment as required by OMI for such access.
Client will perform, at no cost to OMI, such tests of
equipment, machinery, pipelines, and other components of
Client's facilities as may be required in connection with
OMI's services.
5.3 Operations Assistance and Services
Client authorizes OMI to operate, modify, inspect and
otherwise physically manipulate equipment, furnishings,
property and other elements associated with the Work.
Client authorizes OMI to take such actions in these respects
as OMI considers necessary to meet the objectives of the
Work.
5.4 Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, Client
will obtain, arrange, and pay for all advertisements for bids;
permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access
necessary for OMI's services or PROJECT construction.
5.5 Timely Review
Client will examine OMI's studies, reports, sketches,
drawings, specifications, proposals, and other documents;
obtain advice of an attorney, insurance counselor,
accountant, auditor, bond and financial advisors, and other
consultants as Client deems appropriate; and render in
writing decisions required by Client in a timely manner.
5.6 Prompt Notice
Client will give prompt written notice to OMI whenever Client
observes or becomes aware of any development that affects
the scope or timing of OMI's Services, or of any defect in the
work of OMI.
5.7 Asbestos or Hazardous Substances
5.7.1 If asbestos or hazardous substances in any form are
encountered or suspected, OMI will stop its own work
in the affected portions of the PROJECT to permit
testing and evaluation.
5.7.2 If asbestos is suspected, OMI will, if requested,
manage the asbestos remediation activities using a
qualified subcontractor at an additional fee and
contract terms to be negotiated.
5.7.3 If hazardous substances other than asbestos are
suspected, OMI will, if requested, conduct tests to
determine the extent of the problem and will perform
the necessary studies and recommend the necessary
remedial measures at an additional fee and contract
terms to be negotiated.
5.7.4 Client recognizes that OMI assumes no risk and/or
liability for a waste or hazardous waste site originated
by other than OMI.
5.8 Client's Insurance
5.8.1 Client will maintain property insurance on all pre-
existing physical facilities associated in any way with
the PROJECT.
5.8.2 Client will provide for a waiver of subrogation as to all
Client -carried property damage insurance, in favor of
OMI, OMI's officers, employees, affiliates, and
subcontractors.
5.9 Litigation Assistance
The Scope of Services does not include costs of OMI for
required or requested assistance to support, prepare,
document, bring, defend, or assist in litigation undertaken or
defended by Client. All such Services required or requested
of OMI by Client, except for suits or claims between the
parties to this AGREEMENT, will be reimbursed as mutually
agreed.
5.10 Changes
Client may request changes within the general Scope of
Services in this AGREEMENT. If such changes affect OMI's
cost of or time required for performance of the services, an
equitable adjustment will be made through an amendment to
this AGREEMENT. All requested changes will be made an
in writing and are subject to acceptance by OM1.
6 GENERAL LEGAL PROVISIONS
6.1 Authorization to Proceed
Execution of this Agreement by Client will be authorization
for OMI to proceed with the work, unless otherwise provided
for in this Agreement.
6.2 Force Majeure
OMI is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other
events beyond the control of OMI. In any such event, OMI'S
contract price and schedule shall be equitably adjusted.
6.3 Limitation of Liability
OMI's liability for Client's damages, in the aggregate, shall
not exceed the total compensation received by OMI from
Client for services provided under this Agreement. OMI's
liability to Client under this Agreement specifically excludes
any and all indirect or consequential damages arising from
the Work contemplated under this Agreement. OMI shall
not be liable for fines or civil penalties, which may be
imposed by a regulatory agency, which are occasioned by
the provision of services under this Agreement. The
limitations of liability shall apply whether OMI's liability arises
Professional Services Agreement — Rev. 04/2005 Page 2 of 4
under breach of contract or warranty; tort, including
negligence; strict liability; statutory liability; or any other
cause, except the limitations shall not apply to willful
misconduct or gross negligence. Said limitations shall apply
to OMI's officers, affiliated corporations, employees, and
subcontractors.
...1 Indemnification
OMI shall indemnify and hold Client harmless from any and
all claims, damages, losses, and expenses, including
litigation costs and attorney's fees, to the extent that such
are due to the negligent actions of OMI directly related to
this Work. Similarly, Client shall indemnify and hold OMI
harmless from any and all claims, damages, losses, and
expenses, including litigation costs and attorney's fees, to
the extent that such are due to actions or inactions of Client
directly related to this Work. Client's indemnification of OMI
specifically extends to, but is not limited to, the presence,
discharge, release, or escape of contaminants of any kind,
excepting only such liability as may arise out of the sole
negligence of OMI, and limited to the extent that OMI is
negligent in the performance of services under this
Agreement.
6.5 Consequential Damages
To the maximum extent permitted by law, OMI and OMI's
affiliated corporations, officers, employees, and
subcontractors shall not be liable for Client's special,
indirect, or consequential damages, whether such damages
arise out of breach of contract or warranty, tort including
negligence, strict or statutory liability, or any other cause of
action. In order to protect OMI against indirect liability or
third -party proceedings, Client will indemnity OMI for any
such damages.
Termination
This Agreement may be terminated by OMI for its
convenience on 30 days' written notice; or by either party for
cause upon 30 days' written notice to the other party, if
either party fails to substantially perform through no fault of
the other and does not commence correction of such
nonperformance within 5 days of written notice and diligently
complete the correction thereafter.
On termination, OMI shall be paid for all authorized Work
performed up to the termination date. If termination is for
convenience, OMI shall be paid termination expenses, such
as, but not limited to, reassignment of personnel,
subcontract termination costs, and related closeout costs. If
no notice of terminafion is given, relationships and
obligations created by this Agreement will be terminated
upon completion of all applicable requirements of this
Agreement, except as provided under Paragraph 6.7
"Severability and Survival).
6.7 Severability and Survival
If any of the provisions contained in this Agreement are held
illegal, invalid or unenforceable, the enforceability of the
remaining provisions shall not be impaired thereby.
Limitations of liability indemnities and other express
representations shall survive termination of this Agreement.
6.8 No Conflict of Interest for Future Work
The Work performed by OMI under this Agreement does not
preclude OMI from proposing on or providing such services
to Client in the future. Information and knowledge gained by
OMI in providing services under this contract shall not
constitute a conflict of interest in proposing on or providing
full contract operations, full contract maintenance, or full
contract utility management.
6.9 Jurisdiction
The law of the State where the Scope of Services is being
performed shall govern the validity of this Agreement, its
interpretation and performance, and any other claims related
to it.
6.10 Third Party Beneficiaries and Scope of Services
This Agreement gives no rights or benefits to anyone other
than Client and OMI and has no third party beneficiaries.
The Work to be performed for Client by OMI is defined
solely by this Agreement, and not by any other contract or
agreement that may be associated with the Work.
6.11 Materials and Samples
Any items, substances, materials, or samples removed from
the project site for testing, analysis, or other evaluation will
be returned to the project site within 60 days of close-out
unless agreed to otherwise. Exceptions to this clause are
items subjected to destructive testing or samples with
nominal intrinsic value, such as samples of liquid, solid or
gaseous materials that are non -hazardous. Client
recognizes and agrees that OMI is acting as a bailee and at
no time assumes title to said items, substances, materials,
or samples.
6.12 Assignments
This is a bilateral personal services Agreement. Neither
party shall have the power to or will assign any of the duties
or rights or any claim arising out of or related to this
Agreement, whether arising in -tort, contract or otherwise,
without the written consent of the other party. Any
unauthorized assignment is void and unenforceable. These
conditions and the entire Agreement are binding on the
heirs, successors, and assigns of the parties hereto.
6.13 Dispute Resolution
The parties will use their best efforts to resolve amicably any
dispute, including use of alternative dispute resolution
options.
6.14 Confidentiality and Nondisclosure
To enable OMI and Client to conduct activities related to the
Scope of this Agreement, it may be necessary for OMI to
disclose proprietary or confidential information of Client. In
that regard, OMI and Client agrees, for a period of five (5)
years from the date of disclosure of information identified as
proprietary or confidential, that OMI will treat the information
in strictest confidence and will not disclose it to third parties
unless the information:
(a) Was part of the public domain when received or
becomes a part of the public domain through no action or
lack of action by OMI or Client.
(b) Prior to disclosure, was already in OMI or Client's
possession and not subject to an obligation of confidence
imposed in another relationship.
(c) Subsequent to disclosure, is obtained from a third party
who is lawfully in possession of the information and not
subject to a contractual relationship with OMI or Client with
respect to the information.
6.15 Ownership of Work Products and Intellectual Property
All of the Work products of OMI in executing this Project
(including all the rights related to such Work Products) shall
be the sole property of OMI, subject to the rights of the
Client, as the case may be. All reports, data, information,
documents, specifications, flow -charts, discoveries, know-
how, inventions, processes, firmware, computer software,
source and object code, and software documentation as well
as any resulting intellectual property, including but not
Professional Services Agreement — Rev. 04/2005 Page 3 of 4
limited to, invention disclosures, provisional patent
applications, regular patent applications, patents, trade
secrets, proprietary information, copyrights, trademarks,
service marks, domain names, trade dress, and moral rights
developed during the course of, or as a result of, the Project
shall be the sole property of OMI, subject to the rights of the
Client, as the case may be.
IN WITNESS WHEREOF, the parties execute below:
Approved for Client
By
Name Glenn Dishong
Title Water Services
Date
(Print and sign name)
7 ATTACHMENTS, SCHEDULES, AND SIGNATURES
This AGREEMENT, including its attachments and
schedules, constitutes the entire AGREEMENT, supersedes
all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties.
Approved for OMI p(Print and sign name)
By /� �%✓ /7
Name Roger B. Quayle
Title
Date
.Sr. Vice President
06 Y zoo u?l
Professional Services Agreement — Rev. 04/2005 Page 4 of 4
uncil Meeting Date: July 25, 2006 Item No. W I
AGENDA ITEM COVER SHEET
SUBJECT
Consideration and possible action for approval and award of bid for electrical transformers
to various vendors in the estimated amount of $1,143,280.00.
ITEM SUMMARY
Bids were received for the purchase of transformers for a one-year period with the option to
renew for five (5) additional one year periods. The staff recommendation is to award this bid to the
low bidders submitting a satisfactory and conforming bid, Texas Electric Cooperative of
Georgetown, Texas, and Irby and Techline of Austin, Texas, as designated on the attached bid
tabulation.
These transformers will be used on an as needed basis by Electric crews as well as the City's
contractors on new projects and maintenance. This is a unit based bid with the estimated number of
transformers purchased on an as needed basis. When staff completed the evaluation of the bids it
showed a saving of $242,950.00 based on a comparison of unit prices from last year, and a
$578,785.00 savings when compared to actual purchases made last year.
SPECIAL CONSIDERATIONS
Texas Local Government Code 271.9051 authorizes municipalities with a population of less
than 250,000 to extend a five percent preference to bidders whose principle place of business is in
the municipality. Staff is recommending the five percent local preference be extended to Texas
Electric Cooperative where applicable.
GUS BOARD RECOMMENDATION:
This item was recommended by the GUS Board for Council approval at the July 18, 2006
GUS Board meeting.
STAFF RECOMMENDATIONS
Staff recommends award of this unit based bid for purchases on an as needed basis.
FINANCIAL IMPACT
Funds will be paid from the Electric Capital Improvement Accounts..
COMMENTS
None
ATTACHMENTS
Bid Tab
Submitted By(; Michael W. Ma
Energy Services
Util
SECTION
VOLTAGE
NO
Stock No. I
Kva
Prev Yr
IRBY'
TOC
KBS"
TOC
TEC
TOC
DIFF
IRBYITEC
ITECHLINE
TOC
WESCO
TOC
200 -Single -Phase
240Y/120
1
360454
25
154
$2,264.74
$2,419
$2,292
-1.20%
$2,571
NB
Single Volt. Pad
2
360455
37.5
44
$2,817.03
$2,999
$2,791
$3,179
NB
3 360456 50 63 $3,113.23 $4,649 $3,228 -3.547/6 $3,625
NB
4 360457 75 5 $4,222.08 $4,474 $4,362 -3.20% $4,795
NB
5 360458 100 0 $4,991.82 $5,268 $5,235 -4.65% $6,126
NB
6 360459 167 0 $7,093.52 $7,352 $7,857 -9.71% $7,922
NB
7 1 3604601 250 0 1 NB $15,6701 NB $10,846
NB
210 -Single -Phase
240Y/120
1
360060
25
25
$4,615.03
$2,664
$2,393
$2,7591
NB
Dual Volt. Pad
2
360061
37.5
11
$3,152.26
$3,128
$2,877
$3,393
NB
3 360062 50 4 $3,612.05 $3,577 $3,358 $3,930
NB
4 360063 75 2 $4,431.29 $4,649 $4,474 -0.95% $5,178
NB
5 360064 100 1 $5,267.21 $5,461 $5,359 -1.71% $6,472
NB
6 360065 167 0 $7,311.50 $7,566 $7,971 -8.27% $9,400
NB
7 1 3600661 2501 0 1 $16,553.17 $16,6691 NB $11,173
NB
220 -Three -Phase
208YI120
1
360461
751
1
$9,852.19
$9,700
$8,7131
$10,1911
NB
Single Volt. Pad
2
360462
112.5
1
$11,067.36
$10,955
$10,151
$11,7261
NB
3 360463 150 2 $12,349.52 $12,211 $12,075 $13,311
NB
4 360464 225 3 $15,101.64 $14,906 $14,566 $16,144
NB
5 360465 300 0 $17,483.17 $17,159 $17,252 $19,177
NB
6 360466 500 0 $24,528.28 $23,814 $22,696 $24,768
NB
7 3604671 750 0 $36,528.19 $35,831 $33,966 $36,240
NB
8 360468 1000 0 $46,919.27 $45,5531 $42,070 $46,492
NB
9 360469 1500 0 $65,639.64 $63,728 NB $65,757
NB
10 360470 2000 0 NB NB NB $80,415
NB
11 360631 2500 0 NB NB NB $97,332
NB
' Added 3% for 3 year warranty as per bid Accepted bid
" Disqualified as only offered 12 month warranty Low bid without 5% local preference
SECTION
VOLTAGE
NO.
Stock No. I
Kva
Prev Yr
IRBY*
TOC
KBS-
TOC
TEC
TOC
DIFF TECHLIN
IRBY/TEC TOC
WESCO
TOC
230 -Three -Phase
480Y/277
1
360471
75
0
$9,831.28
$9,7001
$8,643
$10,3891
NB
Single Volt. Pad
2
360472
112.5
1
$10,943.52
$10,869
$9,899
$12,1711
NB
3 360473 150 0 $13,150.43 $11,875 $11,708 $13,349
NB
4 360474 225 1 $16,067.89 $14,492 $13,954 $15,863
NB
5 360475 300 0 $17,259.66 $16,549 $16,075 $19,666
NB
6 360476 500 0 $23,483.95 $22,520 $21,846 $27,196
NB
7 3604771 750 2 $36,748.52 $33,425 $33,429 $36,279
NB
8 3604781 1000 0 1 $41,046.11 $39,3661 $39,414 $39,894
NB
9 3W4791 1500 0 1 $57,282.51 $55,614 $52,606 $54,851
NB
10 360480 2000 0 1 $70,465.54 $69,195 $70,245 $70,975
NB
Ti- 3605021 0 $94,260.91 $86,037 $82,229 $85,376
NB
240 -Three -Phase
208Y/120
1 1
360067
75
1
$10,627.191
$10,467
$9,3121
$10,320
NB
Dual Volt. Pad
2
360068
112.5
1
$12,009.31
$11,816
$10,5431
$12,561
NB
3 360069 150 1 $13,346.62 $13,120 $12,320 $13,740
NB
4 360070 225 3 $16,307.10 $16,015 $15,040 $16,650
NB
5 360071 300 7 $18,562.11 $18,219 $17,692 $20,0451
NB
6 360072 500 0 $25,350.34 $24,866 $25,285
NB
7 360073 750 0 $37,580.96 $36,869 $37,579
NB
a$44,1
8 360074 1000 0 $51,099.20 $46,834 $45,038
NB
9 360075 1500 1 $65,626.00 $64,306 NB
NB
10 360432 2000 0 NB NB NB
NB
250 -Three -Phase
1
360803
75
0
$10,694.27
$10,532
$5,6421
$9,649
NB
Dual Volt. Pad 1
2
360804
112.5
0
$11,971.54
$11,781
$9,904
$11,241
NB
3 360805 150 0 $13,253.81 $13,032 $11,535 $12,739
NB
4 360806 225 0 $16,179.59 $15,891 $15,069 $17,536
NB
5 360807 300 0 $18,287.76 $17,954 $17,680 $20,548
NB
6 360808 500 0 $24,668.97 $24,204 $24,990 -1.29% $29,662
NB
* Added 3% for 3 year warranty as per bid Accepted bid
Disqualified as only offered 12 month warranty Low bid without 5% local preference
SECTION
VOLTAGE
NO.
Stock No. I
Kva
Prev Yr
IRBY*
TOC
KBS**
TOC
TEC
TOC
DIFF
IRBY/TEC
TECHLINg
TOC I
WESCO
TOC
260 -Three -Phase
480Y/277
1
360076
75
0
$10,917.17
$10,5081
$9,041
$10,9791
NB
Dual Volt. Pad
2
360077
112.5
1
$11,558.39
$11,717
$10,273
$12,2511
NB
3 360078 150 0 $12,743.64 $12,890 $11,979
NB
4 360079 225 1 $15,515.81 $15,633 $14,462
NB
5 360080 300 7 $17,592.44 $17,701 $16,632
NB
6 360081 500 5 $23,572.51 $23,679 $22,959
N$48,312
NB
7 360082 750 6 $34,188.10 $34,339 $33,642
NB
8 360083 1000 3 $41,592.09 $41,760 $41,202
NB9
360084 1500 3 $57,376.39 $57,487 $54,150
NB
10 360085 2000 4 $71,218.34 $71,403 $72,591 -1.89%1 $85,735
NB
11 360086 2500 4 $87,819.49 $87,897 $86,216 $103,677
NB
270 -Single -Phase
120/240
1
360605
1.5
0
NB
$794
$700
$7651
NB
Single Volt. Pole
2
360606
3
0
NB
$837
$757
$864
NB
3 360607 5 0 NB $1,141 $868 $988 $
1,744.10
4 360640 10 0 $1,212.68 $1,276 $1,111 $1,410 $
2,539.10
5 360481 25 1 $1,953.94 $2,030 $1,876 $2,256 $
3,122.50
6 360482 37.5 5 $2,431.82 $2,523 $2,368 $2,791 $
4,174.50
7 360483 50 5 $2,968.27 $3,0681 $2,824 $3,302 $
3,780.80
8 360484 75 0 $3,945.30 $4,060 $4,030 -2.11%1 $4,867 $
5,615.30
9 360485 100 0 NB NB $4,841 $5,2891 $
6,132.30
10 360486 167 0 NS NB $6,938 $7,8601 $
8,812.30
280 -Single -Phase 1277
1 1
360614
10
0
$1,207.75
$1,264
$1;064
$1,330
$
1,953.00
Single Volt. Pole
2
360621
15
0
$1,432.97
$1,497
$1,278
$1,486
$
2,324.00
3 360487 25 0 $1,915.88 $1,993 $1,717 $2,009 $
3,013.75
4 360488 37.5 0 $2,388.99 $2,484 $2;187 $2,506 $
3,653.35
5 360489 50 0 $2,966.60 $3,065 $2,664 $2,999 $
4,277.85
6 360490 75 0 $3,964.63 $4,072 $3,795 $4,110 $
5,731.65
7 360491 100 0 NB 1 $4,8161 $4,498 $5,0281 $
6,571.65
8 1 3604921 167 0 NB 1 $7,0591 $6,6661 $7,4941 $
8,419.65
* Added 3% for 3 year warranty as per bid Accepted bid
" Disqualified as only offered 12 month warranty Low bid without 5% local preference
SECTION
VOLTAGE
NO. Stock No. I
Kva
Prev Yr
IRBY'
TOC
KBS"
TOC
TEC
TOC
DIFF
IRBYITEC
TECHLINq
TOC
WESCO
TOC
290 -Single -Phase
Single Volt. Pole
480/240
1
2
3
4
360493
360494
360495
360496
25
37.5
50
75
0
0
0
0
$2,094.34
$2,462.78
$2,908.05
$3,884.69
$2,009
$2,513
$2,971
$3,953
$1,751
$2,219
$2,702
$3,806
$2,019
$2,547
$3,015
$4,171
$
$
$
$
3,111.75
3,765.65
4,392.45
5,666.70
5 360497 100 0 NB $4,898 $4,572 $5,036 $
6,031.65
6 360498 167 0 NB $6,680 $6,341 $7,461 $
8,46LBOJI
300 -Single -Phase
120/240
1
361600
1.51
0
NB
$789
$687
NB
NB
Dual Volt. Pole
2
361601
3
0
NB
$933
$912
NB
NB
3 360602 5 3 $1,023.83 $1,071 $1,017 $1,357
NB
4 360604 10 7 $1,271.45 $1,315 $1,274 -0.19% $1,740
NB
5 360087 25 83 $1,974.60 $2,041 $1,927 $2,751
NB
6 360088 37.5 27 $2,480.43 $2,563 $2,436 $3,496
NB
7 360089 50 28 $3,019.32 $3,109 $2,897 $4,127
NB
8 3600901 751 6 $3,976.99 $4,0811 $4,097 -2.93% $5,7221
NB
9 3600911 1001 8 1 NB NB $4,969 1 $6,6991
NB
10 3600921 1671 2 1 NB NB $7,400 1 $10, 031
NB
310 -Single -Phase
1277
1
360568
10
0
$1,266.90
$1,311
$1,1571
$1,589
NB
Dual Volt. Pole
2
360536
15
0
$1,463.15
$1,476
$1,378
$1,920
NB
3 360093 25 3 $1,964.60 $2,038 $1,889 $2,704
NB
4 360094 37.5 2 $2,423.53 $2,512 $2,374 $3,569
NB
5 360095 50 3 $3,002.16 $3,104 $2,813 $4,252
NB
6 360096 75 4 $4,028.79 $4,138 $3,981 $5,481
NB
7 1 360097 100 0 1 NB $4,854 $4,583 $6,063
NB
8 1 3600981 1671 0 1 NB 1 $7,2011 $6,810 $8,746
NB
320 -Single -Phase
480/240
1
360099
25
4
$1,982.36
$2,042
$1,886
$2,875
NB
Dual Volt. Pole
2
360100
37.5
0
$2,485.09
$2,554
$2,269
$3,119
NB
3 360101 50 0 $2,924.66 $3,009 $2,717 $3,723
NB
4 360102 75 0 $3,897.36 $3,994 $4,002 -2.61% $4,994
NB
5 360103 100 4 NB $4,820 $4,754 $6,611
NB
6 360104 167 0 NB $6,879 $6,546 $8,842
NB
330 -Single -Phase 17200/124711
1
3601051
1671
0 1
NB 1
$7,4291
$7,0291
1
$9,6781
$
8,894.30
Pole -Step Volt. 1
12
1
3601061
5001
0 1
NB I
NB I
NB 1
1
$20,2121
$ 22,508.85
' Added 3% for 3 year warranty as per bid Accepted bid
" Disqualified as only offered 12 month warranty Low bid without 5% local preference
SECTION
VOLTAGE
NO.
Stock No. I
Kva
Prev Yr
IRBY•
TOC
KBS—
TOC
TEC
TOC
DIFF
IRBY/TEC
TECHLIN
TOC
WESCO
TOC
340 -Single -Phase
120/240
1
360505
25
0
$6,577.63
6,3061
NB
NB
NB
Single Pad -Vac Sw
2
3605061
37.5
0
$7,071.77
$6,866
NB
NB
NB
3 360508 50 0 $7,441.80 $7,225 NB NB
NB
4 360533 100 0 $9,330.56 $9,059 NS NB
NB
5 360534 167 1 $10,938.09 $10,620 NB NB
NB
350 -Single -Phase
1120/240
1 1
3604251
25
0 1
$6,679.401
$6,4851
NB
NBI
NB
Dual Pad -Vac Sw
2
3604271
37.5
0
$7,137.75
$6,930
NB
NB
NB
3360428 50 0 $7,572.71 $7,352 NB NB
NB
4 360503 100 0 $9,506.39 $9,230 NB NB
NB
5 360504 167 0 $11,309.45 $10,9801 NB NB
NB
360 -Three -Phase
4160Y/2401
360406
500
0
$27,147.23
$271397
NB
-13.51%
$31,387
NB
Single Volt. Pad
2
360407
750
0
$37,152.37
$37,472
NB
-2.64%
$38,160
NB
3 360408 1000 0 $42,609.02 $42,944 NB -2.96% $43,911
NB
4 360415 1500 0 $55,142.57 $55,433 NB12.70% $63,162
NB
5 360423 2000 0 $66,523.96 $33,877 NB 5.68% $70,527
NB
Estimated cost based on previous years usage and initial cost is $2,655,422.00
` Added 3% for 3 year warranty as per bid Accepted bid
" Disqualified as only offered 12 month warranty Low bid without 5% local preference