HomeMy WebLinkAboutAgenda CC 07.22.2008Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
Tuesday, July 22, 2008
The Georgetown City Council will meet on Tuesday, July 22, 2008 at 06.00:00 PM at City Council
Chambers, 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.
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
- City of Georgetown. Texas v. Georgetown Railroad Company, Inc, at al.; Civil Action No. A08CA 453 SS', In the United
States District Court for the Western District of Texas, Austin Division
- Mark Shelton v City of Georgetown, et al; Cause No. A07CA063; in the United States District Court for the Western
District of Texas. Austin Division
- Pending, threatened, and contemplated litigation arising from incident in October 2007 involving former police officer Fennell
- First Citizens Bank & Trust Company v. City of Georgetown, Cause No. 0 -1 -GN -08-02325, 53rd Judicial District, Travis
County, Texas.
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.)
B Call to Order
C Pledge of Allegiance
D Comments from the Mayor
- Welcome and Meeting Procedures
- Possible letter to TXDOT
E Announcements and Comments from City Manager
F 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.
G Consideration and possible action to approve the minutes of the City Council Workshop on Monday, July 7, and
the City Council Meeting on Tuesday, July 8, 2008 -- Sandra D. Lee, City Secretary
City Council Agenda/July 22, 2008
Page 1 of 4 Pages
H Consideration and possible action to approve a Master Services Agreement with Schneider Engineering, Ltd.
of Boeme, Texas, for professional engineering services — Thomas R. Benz, P.E., System Engineering Manager
and Jim Briggs, Assistant City Manager for Utility Operations
I Consideration and possible action to approve Amendment No. 1 to the Advance Funding Agreement with Texas
Department of Transportation for the City's portion of the funding for the IH 35 at Lakeway Project -- Bill
Dryden, Transportation Engineer and Jim Briggs, Assistant City Manager for Utility Operations
J Consideration and possible action on a Preliminary Plat for 5.182 acres out of the J. Fish Survey, to be known
as Woodlake, Phase 6 located on Williams Dr. at Woodlake Drive — Carla Benton, Planner II and Elizabeth
Cook, Director of Planning and Development
K Consideration and possible action on a Preliminary Plat for 37.512 acres in the L. Dyches Survey to be known
as Georgetown South Industrial Park, located at 100 Snead Drive -- Carla Benton, Planner II and Elizabeth
Cook, Director of Planning and Development
L Consideration and possible action on a Preliminary Plat for 36.956 acres in the B.C. Low Survey to be known
as Teravista, Section 313, located near the intersection of Westinghouse Road and FM 1460 — Carla Benton,
Planner It and Elizabeth Cook, Director of Planning and Development
M Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC) Board
1. Consideration and possible action to approve a Master Services Agreement with Klotz Associates, Inc.,
of Austin, for professional engineering services -- Bill Dryden, Transportation Engineer and Jim Briggs,
Assistant City Manager for Utility Operations
2. Consideration and possible action to approve Task Order No.1 with Klotz Associates, Inc., of Austin, to
develop the Preliminary Route Alignment for the connection over IH 35 from Northwest Boulevard in an
amount of $21,000.00 -- Bill Dryden, Transportation Engineer and Jim Briggs, Assistant City Manager ford
Utility Operations
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
N Consideration and possible action to approve a lease agreement and utility cost reimbursement agreement with
CARTS for the development of an inter -nodal transit facility at S. Austin Avenue and IH -35 -- Ed Polasek,
Principal Planner and Tom Yantis, Assistant City Manager
O Discussion and possible direction to staff regarding the proposed November 2008 Road Bond and Parks and
Recreation Bond Projects, as well as, allocation of $7,500 from legal contingency for McCall Parkhurst and
Horton, the City's bond counsel, to proceed with legal requirements for the bond election — Paul E.
Brandenburg, City Manager and Micki Rundell, Director of Finance and Administration
P Consideration and possible action to approve a development agreement with Golden Royal Hospitality for
the development of an approximately 6 acre site within the Williams Drive Gateway Redevelopment area at the
southwest comer of the IH -35 frontage road and Northwest Blvd. — Tom Yantis, Assistant City Manager
Q Discussion and possible action to approve the naming of a proposed public street "Aviation Drive" — Paul E.
Brandenburg, City Manager
R Discussion and possible action regarding the research and evaluation of cost effective options for legal
services — Paul E. Brandenburg, City Manager
S Forwarded from Georgetown Economic Development Corporation
1. Discussion and possible action to approve a Performance Agreement between the Georgetown Economic
Development Corporation and Airbom, Inc. — Mark Thomas, Economic Development Director and Paul E.
Brandenburg, General Manager
2. Discussion and possible action to approve a Performance Agreement between the Georgetown Economic
Development Corporation and Enflite, Inc. — Paul E. Brandenburg, General Manager and Mark Thomas,
Economic Development Director
T Forwarded from the Georgetown Utility Systems (GUS) Advisory Board
1. Discussion and possible action to renew the existing brush -grinding contract between the City of
Georgetown and Austin Wood Recycling (AWR) of Cedar Park, Texas for routine brush grinding services at
City Council Agenda/July 22, 2008
Page 2 of 4 Pages
the Collection Station — Rachel Osgood, Environmental Services and Jim Briggs, Assistant City Manager
for Utility Operations 16,
2. Consideration and possible action to award a contract to Keystone Construction, Inc, of Austin Texas, for (.05
the construction of Leander Pump Station Expansion in the amount of $271,000.00 -- Glenn Dishong,„P
Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
U Forwarded from the Georgetown Transportation Advisory Board (GTAB)
1. Consideration and possible action to approve a Master Services Agreement with Kimley-Horn and
Associates, Inc., of Austin, Texas, for professional engineering services — Bill Dryden, Transportation
Engineer and Jim Briggs, Assistant City Manager for Utility Operations �0 �\0O
2. Consideration and possible action to approve a Task Order No. 1 with Kimley-Horn and Associates, a,
Inc., for the Road Impact Fee Study in an amount of $ 114,500.00 -- Bill Dryden, Transportation Engineer
and Jim Briggs, Assistant City Manager for Utility Operations
3. Consideration and possible action to award a construction contract to EBG Construction, LLC, of Manor,
Texas, for the construction of Leander Street (18th street to 22nd street) and 22nd Street (from 452 ft. west ly
of Leander Street to Austin Avenue) in an amount of $ 382,359.00 -- Bill Dryden, Transportation Engineer ��
and Jim Briggs, Assistant City Manager for Utility Operations
�bo
4. Consideration and possible action to award a construction contract to Aaron Concrete Contractors, LP, of rn��/1
Austin, Texas, for the construction of Blue Hole Restoration Project in an amount of $98,752.50 — Bill d av
Dryden, Transportation Engineer and Jim Briggs, Assistant City Manager for Utility Operations
V Public Hearing and possible action on a Special Use Permit for potential uses within the Tamiro Plaza Phase
1 building for City of Georgetown, Block 27, Lot 1-8, also known as Tamiro Plaza, located at 501 S. Austin Ave.
-- Robbie Wyler, Historic District Planner and Elizabeth Cook, Director of Planning and Development
W Consideration and possible action on a Final Plat for the Resubdivision of 2nd Revised Map of Eubank
Addition, Block 4, Lot 9, located at 1813 S. Main St. -- Carla Benton, Planner II and Elizabeth Cook, Director of
Planning and Development
X Second Reading
1. Second Reading of an Ordinance to revise Chapter 12.32 of the Code of Ordinances pertaining to the
Georgetown Municipal Airport Use Regulations due to the activation of the Georgetown Air Traffic Control
Tower — Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager
2. Second Reading on an Ordinance approving a Comprehensive Plan Amendment to modify the 2030 Plan
Overall Transportation Plan related to the removal of a future Major Collector between Cooperative Way
and South Austin Avenue — Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of
Planning and Development
Y Public HearinglFirst Readings
1. First and only reading of an emergency ordinance denying the proposed change in rates for ONCOR
Electric Delivery Company — Jim Briggs, Assistant City Manager of Utility Operations and Patricia E. Cads,
City Attorney
2. First Reading of an Ordinance Amending and Correcting Section 6.50.040(A)(12) of the Code of
Ordinances Pertaining to the Regulation of Itinerant Merchants — Paul E. Brandenburg, City Manager and
Tom Yantis, Assistant City Manager
3. First Reading of an Ordinance adding a new Chapter 9.13 to the Code of Ordinances relating to "Juvenile
Curfew” -- Paul E. Brandenburg, City Manager and Patricia E. Carls, City Attorney
4. Public Hearing for the voluntary annexation into the City for 5.016 acres, more or less, in the Antonio
Flores Survey, Abstract No. 235, for Georgetown High School Stadium, east of Austin Avenue and
northwest of Meda Street — Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of
Planning and Development
Z Appointments
1. Consideration and possible action to approve the appointment of Councilmember Keith Brainard to replace
Councilmember Pat Berryman on the Social Service and Children's and Youth Progam Funding
Subcommittee -- Mayor George Garver
City Council Agenda/July 22, 2008
Page 3 of 4 Pages
2. Consideration and possible action to re -appoint Councilmember Pat Berryman to the CAPCOG General
Assembly to represent the City of Georgetown -- Mayor George Garver
AA Consideration and possible action to approve a letter request to Chair Deirdre Delisi of the Texas
Transportation Commission regarding support for a cooperative effort with Williamson County to construct
necessary roads on the east side of IH35 near the Inner Loop -- Mayor George Garver
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 , 2008, 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 22, 2108
Page 4 of 4 Pages
Council Meeting Date: July 22, 2008 Item No. tt
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action regarding a Master Services Agreement with Schneider
Engineering, LTD, Boerne, Texas.
ITEM SUMMARY:
The City Council has expressed the desire to expand the pool of firms that perform
engineering services work for the City of Georgetown.
The City staff received and reviewed qualifications from two local engineering firms,
McCord Engineering, College Station, Texas and Schneider Engineering, Boerne Texas. The City has
also updated its Master Services Agreement for engineering services.
Attached for your review and consideration is a Master Services Agreement (MSA) with
Schneider Engineering, LTD. The MSA contains the basic terms governing the relationship between
the City and the engineer. The MSA would have a term of one year, renewable for up to four
additional terms. During the contract term, the City could issue Task Orden; to the engineering firm
for specific projects. The Task Orders would contain all of the details that would be specific to a
certain project — e.g, scope, schedule, cost, etc. Task Orders would be approved by the authorized
City representative(s) in accordance with the City's purchasing policy — which currently requires
that all professional services contracts for $15,000 or greater be approved by the City Council.
Approval of the MSA is not a guarantee of work, but approval of the MSA allows Task
Orders to be issued in an expeditious way that will allow for efficient project management.
SPECIAL CONSIDERATIONS:
None
GUS BOARD RECOMMENDATION:
N/A
STAFF RECOMMENDATION:
Staff recommends entering into an MSA with Schneider Engineering, LTD.
ATTACHMENTS:
Master Services Agreement with Schneider Engineering, LTD.
TJ (��b Q,
Submitted By: Thomas R. Benz P.E., Jim
System Engineering Am
Manager
Operations
PROFESSIONAL SERVICES CONTRACT
MASTER SERVICES AGREEMENT
ENGINEERING SERVICES
This is a Professional Services Contract ("Contract") between the City of Georgetown, Texas (the
"CITY") and Schneider Engineering Ltd, ("Professional"), collectively referred to as the "Parties" or
individually as a "Patty", made for and in consideration of the payment terms and performance
obligations herein described.
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Engineering Services Procurement Act" provides for procurement by municipalities of
services of professional engineers; and
WHEREAS, City and Professional desire to contract for such professional engineering services; and
WHEREAS, City and Professional wish to document their agreement concerning the requirements and
respective obligations of the parties;
NOW, THEREFORE, for and in consideration of the mutual promises contained herein and other
good and valuable consideration, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
ARTICLE 1. SERVICES TO BE PROVIDED
(a) Professional shall provide professional services (the "Services") to CITY under individual
assignments ("Task Order(s)") in the general format shown in Attachment A to the Agreement. The
Services that Professional may be requested to perform include professional engineering services such as
civil, electrical and Mechanical engineering site services, utility line design, drainage calculations and
design, street design, and related surveying, GIS mapping, investigations, studies, reports, reviews,
designs, and consultations. CITY will provide a written Task Order, including a written scope of work
("Scope of Work") describing the particular tasks to be performed, to Professional for the particular task
and a specific price or a formula by which the price can be determined. No Services are authorized unless
authorized representatives of both Parties sign such a Task Order. This Contract does not guarantee a
minimum amount Professional will be paid or a minimum number of Task Orders.
(b) Notwithstanding anything to the contrary contained in this Contract, CITY and Professional agree
and acknowledge that CITY is entering into this Contract in reliance on Professional's special and unique
abilities with respect to performing the Services. Professional represents that there are no undisclosed
obligations, commitments or impediments of any kind that will or could taint, limit or prevent performance of
the Services.
(c) Changes in Services. CITY may request additional Services or changes in the Services as the
project progresses. If so, changes in the Scope of Work shall be initiated by a written change order
("Change Order") signed by an authorized representative of each Party. The Change Order shall describe
the Services to be added, changed or deleted and shall state the additional cost or cost reduction and
schedule changes, if any. Verbal Change Orders shall have no effect, except in cases of an emergency
threatening personal injury or property damage. The terms and conditions of this Contract may be
modified only by a written amendment signed by an authorized representative of each Party.
Master Services Agreement — Schneider Engineering Ltd. Page 1
Version 6.4.2008
(d) Effect of Expiration on Task Orders. Upon expiration or earlier termination of this Contract,
these terms and conditions shall continue in full force and effect with respect to any Task Order awarded
under this Contract that has not been completed or otherwise terminated.
ARTICLE 2. CONTRACT DOCUMENTS
(a) General Definition. In order of precedence, this Contract shall consist of the following
documents ("Contract Documents'):
(1) All written Change Orders executed after the effective date of this Contract by an
authorized representative of each Party;
(2) Each Task Order executed pursuant to this Contract by an authorized representative of
both Parties;
(3) The Scope of Work attached to each Task Order,
(4) This Contract; and
(5) Any other documents specifically identified as Contract Documents.
(b) Exclusion from Contract Documents. No terms and conditions submitted by Professional in
connection with any proposal or proposed Task Order that conflict with the terms and conditions
contained in this Contract will be considered part of the Contract Documents unless expressly accepted in
writing by the CITY.
ARTICLE 3. TERM
This Contract is for a one (1) year period, with an option to extend for four (4) consecutive one (1) year
periods, not to exceed a maximum of five (5) years. The primary term begins upon execution of this
Contract by an authorized representative of the CITY. This Contract will be deemed to extend beyond its
expiration or termination date with respect to any Task Order being performed under it at that time, unless
the Task Order is also terminated.
ARTICLE 4. SCHEDULE
Time shall be of the essence for performance under this Contract. Professional agrees to perform all
obligations and render the Services set forth in this Contract or any Task Order issued pursuant hereto in
accordance with any timelines included in the Scope of Work, except as the Parties may otherwise
mutually agree to in writing. If required by the Scope of Work, a specific Services progress schedule will
be developed for each individual task in compliance with the Scope of Work.
ARTICLE 5. PRICE
The price to be paid for Services under any Task Order shall be a not to exceed price as agreed in a particular
Task Order.
ARTICLE 6. PAYMENT
(a) Notwithstanding anything in this Contract to the contrary, all payments to be made by the CITY
hereunder are subject to Ch. 2251 of the Texas Government Code, popularly known as the Prompt
Payment Act. Payment in full for invoices shall be due within thirty (30) days from date the invoice is
received by CITY. Invoices paid more than thirty (30) days after the invoice is received are subject to a
late charge of 1% per month (12% APR) on the amount of the undisputed past due balance.
(b) Invoices for payment under this Contract shall be sent to:
Master Services Agreement—Schneider Engineering Ltd. Page 2
Version 6.4.2008
City of Georgetown
Atm: Accounts Payable
P.O. Box 409
Georgetown, Texas 78626
CITY's purchase order numbers shall be included prominently on each invoice. Payments may be based
on completion of the Services, fulfillment of milestones, progress payments or any other method that is
established in the agreed Task Order. In no event shall Professional invoice CITY more than once a
month.
(c) No invoice shall be considered complete or payable unless all documentation is submitted with
invoice supporting reimbursable and CITY approved expenses, such as time sheets, transportation,
lodging and meal expenses. Alcohol and entertainment expenses are not reimbursable.
ARTICLE 7. ACCEPTANCE OF THE SERVICES
When Professional can demonstrate that the Services are complete in accordance with the acceptance criteria
included in the Task Order and so notifies CITY, CITY shall review the Services for general compliance with
the Contract. If the Services appear to comply with the Contract requirements, and Professional has furnished
any required documentation, CITY shall notify Professional in writing of CTI Y's acceptance of the services
("Acceptance of the Services"). Acceptance of the Services shall not limit nor diminish Professional's
warranties and standards with respect to the Services.
ARTICLE S. JOBSITE INSPECTION
If applicable to the Services and required by the CITY, Professional's representatives shall inspect the jobsite
and clearly understand the requirements and risks of the Services to be performed, the jobsite conditions,
traffic conditions, the proximity of high-voltage power lines, buried utilities, biological hazards and other
local conditions likely to affect Professional's performance before accepting any Task Order. Acceptance of
a Task Order shall constitute the Professional's certification that it has by inspection satisfied itself with
respect to all such local conditions and is willing to accept all risks they impose.
ARTICLE 9. INDEPENDENT CONTRACTOR
Professional shall perform in all respects as an independent contractor and not as an employee, partner, joint
venturer or agent of the CITY. The Services to be performed by Professional shall be subject to the
CITY's review, approval and acceptance as provided in the Contract Documents, but the detailed manner
and method of performance shall be under the control of Professional. The accuracy, completeness and
scheduling of the Services and the application of proper means and methods for performance of the
Services are entirely the responsibility of Professional. Professional shall be solely responsible for hiring,
supervising and paying its employees, subcontractors and suppliers. Professional shall be solely
responsible for payment of all (i) compensation, including any employment benefits, to its employees, (ii)
taxes, including withholding for federal income tax purposes, employment and unemployment taxes, and
(iii) such other expenses as may be owed to Professional's employees. However, because Professional 's
Services may be associated in the minds of the public with CITY, Professional shall ensure that all Services
by its employees, subcontractors and agents are performed in an orderly, responsible and courteous manner.
Upon prior notification to and written approval of CITY, Professional may hire subcontractors to perform
Services hereunder. Professional shall be responsible to CITY for the performance of all such subcontractors.
The CITY reserves the right, in its sole discretion, to reject the employment by Professional of any
subcontractor to which CITY has a reasonable objection. Professional, however, shall not be required to
contract with any subcontractor to which it has a reasonable objection. CITY shall require any and all such
subcontractors to sign contracts with Professional that bind the subcontractors to perform their subcontracts in
Master Services Agreement — Schneider Engineering Ltd. Page 3
Version 6.4.2008
accordance with the applicable requirements of the Contract Documents. Upon the request of CITY,
Professional shall furnish CITY with copies of such subcontracts. In addition, Professional agrees that it is
Professional's responsibility to ensure that such subcontractors make all appropriate tax payments or tax
withholding in relation to subcontractor's employees providing Services to CITY through Professional under
this Contract. Professional represents that it and its subcontractors are fully trained to perform the tasks
required by this Contract and that they need no training by the CITY.
ARTICLE 10. DESIGNATED PROJECT REPRESENTATIVES
(a) City's Designated Representative. The City's Designated Representative for purposes of this
Contract shall be designated on each Task Order. The City's Designated Representative shall coordinate all
meetings and be authorized to act on City's behalf with respect to the Task Order. City or City's Designated
Representative shall participate in all meetings and render decisions in a timely manner pertaining to
documents submitted by Professional in order to avoid unreasonable delay in the orderly and sequential
progress of Services.
(b) Professional's Designated Representative. The Professional's Designated Representative for
purposes of this Contract shall be acceptable to the City and designated on each Task Order. The
Professional's Designated Representative shall participate in all meetings and be authorized to act on
Engineer's behalf with respect to the Task Order. Professional's Designated Representative shall render
decisions in a timely manner pertaining to documents submitted by City in order to avoid unreasonable delay
in the orderly and sequential progress of Services.
(c) The Parties Designated Representatives shall serve as the primary contact person for issues related to
work under each Task Order.
(d) Changes to a Designated Representative shall be provided in writing by one party to the other. The
City retains the right at all times to approve or disapprove the Professional's Project Representative.
ARTICLE 11. LICENSES AND PERMITS
(a) Professional shall procure and maintain at its expense all licenses and permits necessary for it to
perform the Services.
(b) Professional shall ensure that its employees and subcontractors and their employees are all
properly licensed to perform their respective portions of the Services.
ARTICLE 12. GOVERNING LAWS. REGULATIONS & STANDARDS
(a) This Contract shall be governed, interpreted and enforced under the laws of the State of Texas,
without regard to its conflict of law principles. In the event of litigation between the Parties arising out of
this Contract issued under it, venue for such litigation shall be in a court of competent jurisdiction in
Williamson County, Texas.
(b) Professional, its employees, subcontractor's and agents, shall be aware of and shall comply with the
Charter of the City of Georgetown and all federal, state and local laws, ordinances, codes (including
applicable professional codes) and regulations applicable to the Services, any equipment to be fabricated and
delivered and for compliance with standards and codes of technical societies that have been adopted by law
or regulation or compliance with which is required to perform the Services. . If any of the Services fails to
comply with such laws, ordinances, codes and regulations, Professional shall bear any expense arising from
that failure, including the costs to bring the Services into compliance. Professional shall further obtain and
maintain all permits and licenses required, if any, for the performance of any Services required hereunder.
Master Services Agreement —Schneider Engineering Ltd. Page 4
Version 6.4.2008
ARTICLE 13. INTOXICANTS & DRUGS: EMPLOYEE CONDUCT
Professional shall not at any time allow personnel for whom it is responsible on the jobsite if they are under
the influence of any substance that may impair their performance. Professional shall promptly remove from
the jobsite any person who is or appears to be under the influence of any of these substances or is otherwise
unsafe or disorderly. Professional shall ensure that its employees, subcontractors and their employees avoid
excessive noise, exceeding speed limits or reckless driving, use of weapons or trespass on land not owned by
or under easement to CITY. If private property must be entered or crossed to perform the Services,
Professional shall obtain permission from the property owner before entering.
ARTICLE 14. RISK OF LOSS
(a) Professional shall bear the expense and risk of loss or damage to its work in progress, completed
work, materials, equipment and all other incidents of its Services prior to Acceptance of the Services.
Professional shall promptly replace or repair any loss or damage to its work at its own expense. In the event
of substantial loss or damage due to Force Majeure (see Article 20 for definition), the schedules shall be
equitably extended. Professional shall bear the expense of storage space for stored materials, whether on-site
or off-site, and shall bear the risk of loss or damage to all such materials. Professional shall take reasonable
precautions to protect its work from weather damage, burglary, pilferage, fire, theft and similar hazards.
(b) Professional shall bear the risk of loss or damage to its own equipment, tools, supplies and property
and those of its subcontractors and suppliers, regardless of the cause of loss or damage throughout the project.
ARTICLE 15. WARRANTIES AND STANDARDS
(a) Warranty of Title. Professional warrants the title to any goods it delivers to CITY incidental to the
performance of the Services and that said goods will be free and clear of all liens, mortgages, security
interests or other encumbrances.
(b) General Standard of Performance. Professional shall perform all Services in a professional
manner consistent with the usual and customary industry standards and to any higher standard required in the
Contract Documents. Professional shall correct, without delay and at its own expense, any portion of the
Services that does not meet the foregoing standard and that is discovered within one (1) year after Acceptance
of the Services by re -performing the defective portion of the Services to the required standard of
performance. Any repair, replacement or modification of the Services performed pursuant to the provisions of
this paragraph shall be supplied or repaired on the same terms and conditions as provided for herein for the
Services. In particular, a new correction period shall apply. Such new correction period shall expire twelve
(12) months from the date of such replacement, repair or modification.
(c) Intellectual Property Warranty. Professional warrants that the Services, including any
deliverables associated therewith, and the processes used in performing them shall not infringe on any valid
United States patent, United States copyright, trademark or trade secret.
(d) Business Standing Warranty. Professional warrants, represents and agrees that if (i) it is a
corporation or limited liability company, then it is a corporation duly organized, validly existing and in good
standing under the laws of the State of Texas, or a foreign corporation or limited liability company duly
authorized and in good standing to conduct business in the State of Texas, that it has all necessary corporate
power and has received all necessary corporate approvals to execute and deliver the Contract, and the
individual executing the Contract on behalf of Professional has been duly authorized to act for and bind
Professional; or (ii) if it is a partnership, limited partnership or limited liability partnership, then it has all
necessary partnership power and has secured all necessary approvals to execute and deliver this Contract and
Master Services Agreement — Schneider Engineering Ltd. Page 5
Version 6.4.2008
perform all its obligations hereunder; and the individual executing this Contract on behalf of Professional has
been duly authorized to act for and bind Professional.
ARTICLE 16. GENERAL INDEMNITY
(a) PROFESSIONAL SHALL HOLD THE CITY, ITS AFFILIATES, ITS BOARDS OF
DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM ALL CLAIMS,
DAMAGES, LOSSES AND EXPENSES (JOINTLY -CLAIMS-), INCLUDING REASONABLE
ATTORNEYS' FEES, ARISING OUT OF, OR RESULTING FROM OR ARISING UNDER THIS
CONTRACT, OR ANY CLAIMED DEFECT IN THE SERVICES, PROVIDED THAT ANY
SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS CAUSED, IN WHOLE OR IN PART, BY
THE NEGLIGENT OR GROSSLY NEGLIGENT ACT OR WILLFUL MISCONDUCT OF
PROFESSIONAL, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY IT, OR ANYONE
FOR WHOSE ACTS IT MAY BE LIABLE.
(b) IF THE PARTIES ARE CONCURRENTLY NEGLIGENT, EACH PARTY'S LIABILITY
SHALL BE LIMITED TO THAT PORTION OF NEGLIGENCE ATTRIBUTABLE TO IT AS
DETERMINED UNDER THE APPLICABLE PROPORTIONATE RESPONSIBILITY RULES
OF THE STATE OF TEXAS.
(c) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NEITHER PARTY
SHALL BE LIABLE TO INDEMNIFY THE OTHER FOR THE NEGLIGENCE, GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT OF THE OTHER.
(d) THE FOREGOING INDEMNITY PROVISIONS SHALL BE DEEMED INDEPENDENT
COVENANTS AND SHALL SURVIVE COMPLETION OF OR ANY TERMINATION OF THE
CONTRACT OR ANY CLAIMED BREACH THEREOF. PROFESSIONAL'S INDEMNITY
RESPONSIBILITY AS SPECIFIED IN THIS ARTICLE SHALL NOT INCLUDE SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
ARTICLE 17. INTELLECTUAL PROPERTY INDEMNITY
(a) PROFESSIONAL SHALL, AT ITS OWN EXPENSE, DEFEND ALL SUITS OR
PROCEEDINGS INSTITUTED AGAINST CITY, ITS AFFILIATES, ITS BOARDS OF
DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES BASED UPON ANY CLAIM THAT
THE SERVICES, OR ANY PART THEREOF, OR THE PROCESS PERFORMED THEREBY
CONSTITUTES AN INFRINGEMENT OF EITHER ANY PATENT OR COPYRIGHT OF THE
UNITED STATES OR OF ANY TRADEMARK OR TRADE SECRET PROTECTED BY
EITHER FEDERAL OR STATE LAW. PROFESSIONAL SHALL PAY ALL AWARDS OF
DAMAGES ASSESSED WHICH RESULT FROM ANY SUCH CLAIM, SUIT OR
PROCEEDING AND SHALL INDEMNIFY AND SAVE CITY HARMLESS AGAINST LOSSES,
EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), AND DAMAGES
RESULTING FROM ANY SUCH CLAIM, SUIT OR PROCEEDING, INCLUDING OBEDIENCE
TO RESULTING DECREES AND TO RESULTING COMPROMISES.
(b) IF, IN ANY SUCH SUIT, A RESTRAINING ORDER OR TEMPORARY INJUNCTION
IS GRANTED, PROFESSIONAL SHALL MAKE EVERY REASONABLE EFFORT, BY
GIVING A SATISFACTORY BOND OR OTHERWISE, TO SECURE THE SUSPENSION OF
ANY SUCH RESTRAINING ORDER OR TEMPORARY INJUNCTION. IF, IN ANY SUCH
SUIT, THE SERVICES OR ANY PART THEREOF OR THE PROCESS PERFORMED
THEREBY IS HELD TO CONSTITUTE AN INFRINGEMENT AND ITS USE BE
PERMANENTLY ENJOINED, PROFESSIONAL SHALL AT ONCE MAKE EVERY
REASONABLE EFFORT TO SECURE FOR CITY A LICENSE AT PROFESSIONAL'S
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EXPENSE AUTHORIZING THE CONTINUED USE OF THE ALLEGED INFRINGING
PORTION OF THE SERVICES. IF PROFESSIONAL IS UNABLE TO SECURE SUCH
LICENSE WITHIN A REASONABLE TIME, PROFESSIONAL SHALL, AT ITS OWN
EXPENSE AND WITHOUT IMPAIRING PERFORMANCE REQUIREMENTS, EITHER
PROVIDE NON -INFRINGING REPLACEMENTS OR MODIFY THE SERVICES TO
ELIMINATE THE INFRINGEMENT. IN ADDITION TO INDEMNIFYING AND SAVING CITY
HARMLESS, PROFESSIONAL SHALL REIMBURSE CITY FOR ANY COSTS INCURRED AS
A RESULT OF THE UNAVAILABILITY OF THE INFRINGING ITEM OR ITS NON -
INFRINGING REPLACEMENT.
ARTICLE 18. INDEMNITY PROCEDURES
Promptly after receipt by any entity entitled to indemnification of notice of the commencement or threatened
commencement of any civil, administrative or investigative action or proceeding involving a claim for which
the indemnitee seeks indemnification, it shall notify the indemnitor of such claim in writing. No failure to so
notify an indemnitor shall relieve the indemnitor of its obligations under this Contract except to the extent
that the indemnitor can demonstrate damages attributable to such failure. Within fifteen (15) days following
receipt of written notice from the indemnitee relating to any claim, but no later than ten (10) days before the
date on which any response to a complaint or summons is due, the indemnitor shall assume control of the
defense and settlement of that claim.
ARTICLE 19. INSURANCE
Professional shall obtain and maintain the insurance coverage specified below on an occurrence -basis and
shall provide to CITY a copy of the insurance policies listing the coverage before starting Services. THE
COVERAGE SHALL NOT BE CONSTRUED AS ESTABLISHING OR LIMITING
PROFESSIONAL'S LIABILITY UNDER THE INDEMNITY PROVISION. Professional for itself
and its insurers hereby waives subrogation against CITY, its affiliates, their Boards of Directors, directors,
officers, employees and agents with respect to General Liability, Auto and Workers Compensation
insurance. Professional's failure to maintain the required insurance coverage at any time during the
Contract period may be grounds for CITY to suspend the Contract and withhold payment until insurance
coverage is satisfactory. In addition to any other required information, all insurance policies must contain
the applicable purchase order number and project title. Failure to furnish or update (as applicable) insurance
policies that comply with CITY requirements may result in retraction of a contract award, or suspension or
termination for breach of contract.
The Professional's insurance coverage shall be primary insurance with respect to the City, its affiliates,
their boards of directors, officers, agents, employees and volunteers. Any insurance or self-insurance
maintained by the City, its affiliates, their boards of directors, officers, agents, employees and volunteers,
shall be considered in excess of the Professional's insurance and shall not contribute to it.
The Professional shall include all subcontractors as additional insureds under his policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
General Liability, Automobile Liability, and Professional Liability insurance shall be written by a carrier
with an A: VIII or better rating in accordance with the current Best Key Rating Guide.
Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted.
Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis
for property damage only.
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The City, its affiliates, their boards of directors, officers, agents and employees are to be added as
"Additional Insured" on all policies other than the Workers' Compensation. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its officials, employees, or volunteers.
A Waiver of Subrogation in favor of the City of Georgetown with respect to Workers' Compensation
insurance must be included.
Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or
reduced in coverage or in limits except after thirty (30) days' prior written notice by certified [nail, return
receipt requested, has been given to the City of Georgetown.
Tvpe of Insurance
(a) Workers' Compensation
Coverage A -
Coverage B -
(b) General Liability
Bodily Injury
Bodily Injury
Property Damage
(c) Automobile Liability
Minimum Coverage
statutory
$ 250,000 employer's liability
$ 500,000 per person
$1,000,000 per occurrence
$1,000,000 per occurrence
(including owned or leased vehicles)
Bodily Injury $1,000,000 per occurrence
Property Damage $ 500,000 per occurrence
The automobile liability coverage shall apply to owned, non -owned, hired and leased vehicles.
(d) Professional Liability $2,000,000 per occurrence.
With approval of the City's Risk Manager, a Claims Made Policy may be accepted for Professional Liability
Insurance, provided that the deductible limit shall not exceed Twenty Five Thousand Dollars ($25,000).
(e) Copies of Policies. Before Services begin, a copy of the policies for all required insurance shall be
filed with the CITY Purchasing Agent.
(f) Other Insurance. Other or different insurance requirements shall be specified in a Task Order.
ARTICLE 20. FORCE MAJEURE
(a) The nonperformance or delayed performance by Professional or CITY of any obligation under
the Contract shall be excused if such nonperformance or delay is caused by an event beyond the control of
the affected Party ("Force Majeure"), except to the extent that Professional knew of or should reasonably
have been able to foresee such an event and failed to take reasonable measures to avoid the event. Items
beyond the control of the Parties include, but are not limited to: acts of war, acts of a public enemy, acts
of domestic or foreign terrorism, natural disasters, strikes, epidemics or quarantine restrictions, riot, or
sabotage and acts of civil or military authority having jurisdiction.
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(b) Upon occurrence of a Force Majeure event, the date for performance of the Services shall be
extended for a period equal to the time lost by reason of the delay, provided Professional or CITY has
taken reasonable steps to proceed with the performance of the Contract and has made written notification
of such delay and of any corrective action taken. Professional shall not be entitled to any increase in
compensation by reason of Force Majuere.
(c) The following delays shall not constitute excusable delays in performance by Professional and
shall not constitute a reason for extending the date for performance of the Services:
(1) Delays by subcontractors or by suppliers for reasons other than Force Majeure;
(2) Delays in approval of documentation because of inadequate performance or to unrealistic
approval schedules; or
(3) Delays caused by Professional's lack of sufficient personnel with the necessary skills.
ARTICLE 21. GENERAL SAFETY, ENVIRONMENTAL AND SITE OPERATIONS
REQUIREMENTS
(a) General. Professional, its employees and subcontractors shall perform all work required by this
Contract in a safe and healthy [[tanner. During the course of the work, the Professional shall comply with and
enforce all laws, rules, regulations and industry practices applicable to worker safety and health.
(b) Scope of Health and Safety Requirements. Professional will manage all of Professional's
employees and subcontractors on site and will be accountable for their employees' and subcontractors'
performance with respect to health and safety.
(c) Mandatory Health and Safety Conditions.
(1) Training/Qualification - Professional, its employees and subcontractors performing work
on site shall be properly trained and qualified to perform the work they are expected to perform, and
have received the necessary certifications and other credentials necessary to perform the work, as
required.
(2) Safety Orientation — Professional shall ensure all of its employees and subcontractors on
site shall attend a safety orientation prior to the start of work If any workers fail to attend the initial
safety orientation, Professional shall designate an employee (e.g., site superintendent) to provide the
orientation before those workers shall be allowed to start work. All safety orientations shall be
documented and maintained for inspection. Safety orientation is only required once unless otherwise
needed, or the Scope of Work changes.
(d) Warnings & Barricades. Professional shall famish, erect and maintain warning notices, signs,
signals, lights, protective guards, enclosures, platforms and other devices as necessary to adequately protect
all personnel on site; including but not limited to employees, subcontractors, other professionals, CITY
workers and the public.
(e) Personal Protective Equipment (PPE) & Safety Equipment. Professional shall ensure all
contract employees and subcontractors are trained on and equipped with appropriate PPE and safety
equipment (i.e. lanyards, harnesses, monitoring equipment, rescue equipment, fire extinguishers, etc.).
(f) Periodic Inspections. Professional shall conduct regular health and safety inspections of the work
area(s) and work being performed. CITY, or its agent, reserves the right to inspect the work site(s) at any
time and without prior notice to Professional.
(g) Safety Communications
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(1) Safety meetings — Professional shall ensure that all hazards and protective measures
associated with the work being performed on site are properly communicated to all personnel on site.
Professional shall conduct regular health and safety meetings. A copy of the minutes of such
meetings shall be submitted to CITY, upon request. Professional is responsible for providing an
interpreter if necessary to ensure its communications are understood by all workers.
(2) Communications with CITY — The City's Designated Representative shall be the point of
communication for all safety and health issues arising under this Contract. Professional shall
communicate with the City's Designated Representative in the event of any of the following
conditions:
• Professional shall inform City's Designated Representative twenty-four (24) hours
prior to any activity that could adversely affect a business organization. Examples of these
"activities" include but are not limited to welding, painting, fire protection, system
maintenance/repair and any activity impacting emergency systems/egress routes. City's
Designated Representative will make all reasonable efforts to inform any parties potentially
impacted by the activities.
• Professional shall immediately inform the City's Designated Representative of all
federal, state and local safety inspections, citations and penalties associated with the work.
• Professional shall immediately notify the City's Designated Representative by
verbal, person to person communication, in the event of any incident that results in a death,
serious bodily injury or serious property damage related to any aspect of the project. Minor
incidents and near -misses must be promptly communicated to the Project Contact.
• Professional shall investigate all incidents resulting in personal injury or illness,
property damage, or near -misses to determine the root causes and shall take appropriate
action to eliminate such causes. A copy of the final investigation report shall be promptly
submitted to the Project Contact.
(3) Coordination with Other Officials — Professional is fully responsible for coordinating with
the proper authorities for moving heavy equipment, location of underground utilities, erecting
barricades, traffic control and other safety measures, unless otherwise specified.
(4) Communications with Media Restricted - In the event of an accident or other condition on
site, Professional shall not communicate with the media or any other entity without the expressed
consent of the CITY.
(h) SUSPENSION OF WORK AND LIMITATION OF LIABILITY. CITY RESERVES THE
RIGHT THROUGH THE CITY'S DESIGNATED REPRESENTATIVE TO SUSPEND ALL OR
ANY PORTION OF THE WORK BEING PERFORMED IN VIOLATION OF THESE
PROVISIONS. CITY SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING WITHOUT
LIMITATION NEGLIGENCE AND STRICT LIABILITY) WARRANTY OR UNDER ANY
OTHER LEGAL THEORY) FOR JUDGMENTS, DAMAGES, COSTS OR EXPENSES RELATED
TO ANY SUSPENSION OR STOPPAGE OF WORK, LOSS OF BUSINESS, OR OTHER SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH ANY
FAILURE ON THE PROFESSIONAL'S PART TO ESTABLISH, ENFORCE OR ADEQUATELY
MONITOR ITS HEALTH AND SAFETY PROGRAM.
(i) Preliminary Submittals. Within ten (10) days after the effective date of the Contract and no later
than the preconstruction conference, Professional shall submit to City's Designated Representative for
review:
(1) A letter designating onsite safety representative for general safety and specific activities;
and
(2) If applicable, a site safety plan to include plans for specific activities.
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0) Other Requirements. Professional shall promptly settle rightful claims from counties,
municipalities or private parties for road damage caused by trucks or heavy equipment driven to and from the
job sites by third -party property by Professional, subcontractors or suppliers, or employees of any of them If
Professional fails to settle such claims promptly, CITY shall have the right to settle the claims and withhold
the amount paid plus CITY's costs and expenses from Professional's payments under the Contract.
(k) Environmental. Professional is solely responsible for all costs incurred by CITY for any spills
or leaks caused by Professional or its subcontractors or consultants during performance of, or in
connection with the Services. Without limiting the foregoing sentence, Professional shall be responsible
for all costs incurred to contain, remediate and restore the site of the spill according to applicable state
and federal laws and regulations, and if on CITY's property, according to CITY's requirements.
CITY shall be responsible for all notifications required by federal, state or local law or regulation. The
CITY shall identify to Professional the site supervisor (if applicable) and facility environmental manager
(if applicable). Professional shall immediately notify the site supervisor, City's Designated
Representative and the facility environmental manager with the nature and location of the spill.
Professional shall provide a written report to CITY whose representative shall identify the substance,
quantity released, location of the spill and perform clean up and remediation activities. If the spill occurs
off the CITY's property, then the Professional shall also notify the CITY of any agencies notified and the
representatives of the agencies contacted. The report shall be a narrative that summarizes on -scene
activity and remediation efforts. If long-term remediation will be required, it shall be noted in the report.
The initial report shall be provided to CITY within 24 hours after the incident. Follow-up reports shall be
provided to CITY weekly until remediation efforts have been completed and the spill has been properly
remediated.
PROFESSIONAL SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY AND ALL
LIABILITIES, INCLUDING, BUT NOT LIMITED TO, REMEDIATION COSTS, FINES,
PENALTIES, COURT COSTS AND ATTORNEYS' FEES RESULTING FROM SPILLS,
RELEASES, IMPROPER HANDLING AND/OR DISPOSAL OF WASTES BY PROFESSIONAL,
ITS SUBCONTRACTORS AND/OR CONSULTANTS.
(1) Confined Space Entry. Professional will perform confined space entries in strict accordance with
OSHA 1910.146 Confined Space Standard. All Professional entries will be performed under the guidelines of
the contractor's confined space program, which should include but not be limited to, all required personnel
training, confined space monitoring and evaluation, entry tag system or any personnel protective equipment
required by confined space conditions. All entries will be coordinated with the City's Designated
Representative or System Operations Dispatcher to assure proper isolation and/or de -energizing of the
confined space is performed.
(m) Surplus Material. Unless otherwise directed through written instructions issued by CITY,
Professional shall promptly remove all excess surplus material from the job site. Final payment for
performance of the work shall not be due and payable until such materials are removed from the job site.
If surplus materials are not removed from the job site within thirty (30) days of completion of the work,
CITY may dispose of the materials and offset the cost associated with disposal against the unpaid balance
of the Contract price.
(n) Cleaning Jobsite. Professional shall clean the job site daily.
(o) Facility Equipment Clearance and Lock Out Procedures. Facility Equipment Clearance and
Lock Out Procedures shall be followed. Clearances shall be acquired by Professional and CITY personnel
when required prior to performing work on any equipment. Professional shall be responsible for
providing company locks. Professional's locks shall be clearly identified and shall have a tag for
employee to print name.
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ARTICLE 22. ASSIGNMENT
This Contract is to be considered a personal Services Contract. Professional may not assign this Contract
without the consent of CITY. Any permitted assignee must notify the CITY in writing that it accepts the
assignment on the same terms and conditions contained in this Contract. No permitted assignment shall limit
Professional's responsibility for performance of this Contract. Attempted assignment or delegation of this
Contract, including obligations under it, without the written consent of CITY shall be void, and not merely
voidable.
ARTICLE 23. OWNERSHIP OF DELIVERABLES
(a) The Parties agree that such items as plans, drawings, photographs, designs, studies, specifications,
data, computer programs, schedules, technical reports or other work products which are developed and
specified to be delivered under this Contract and which are paid for by CITY are considered instruments of
services in respect of the Contract, but are subject to the rights of the CITY under this Contract. These rights
include, but are not limited to the right to use, duplicate and disclose such items, in whole or in part, for the
purpose of completing, maintaining and operating any building, structure, plant, equipment or system that
may result from the performance of this Contract. If an item produced by Professional is copyrightable,
Professional may copyright it, subject however to the rights of the CITY under this Contract. CITY is
hereby granted and assigned a royalty free, non-exclusive, and irrevocable license to reproduce, publish,
modify and use such items and to authorize others to do so solely for CITY's business purposes.
Professional shall include in its subcontractor and consultant contracts, appropriate provisions to achieve the
purposes set out here.
(b) Intellectual property and rights to intellectual property owned by any Party on the date of this
Contract shall remain the property of that Party.
(c) PROFESSIONAL DOES NOT REPRESENT OR WARRANT THAT ANY
DELIVERABLES WILL BE SUITABLE FOR REUSE ON ANY OTHER PROJECT.
PROFESSIONAL DISCLAIMS LIABILITY FOR ANY REUSE OF THE DELIVERABLES ON
ANY OTHER PROJECT THAT IS DONE WITHOUT THE EXPLICIT, WRITTEN APPROVAL
OF THE PROFESSIONAL.
ARTICLE 24. TERMINATION FOR CONVENIENCE
(a) CITY shall have the right to terminate this Contract for its convenience at any time. After receipt
of the notice of termination, the Professional shall immediately proceed with the following obligations,
regardless of any delay in determining or adjusting any amounts due at that point in the Contract:
(1) Stop all ongoing Services;
(2) Place no further subcontracts or orders for materials or Services;
(3) Terminate all subcontracts;
(4) Cancel all materials and equipment orders, as applicable; and
(5) Take any action that is necessary to protect and preserve all property related to this
Contract that is in the possession of the Professional.
(b) In the event of a termination under paragraph (a) of this Article, CITY shall pay equitable
termination charges, including payment for portions of Services completed and materials purchased,
profit on completed portions, and out-of-pocket costs that have been reasonably incurred by Professional
as a result of terminating this Contract. CITY shall not be liable in connection with any termination under
this Article for special, incidental, consequential or punitive damages, or for loss of anticipated future
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Services, anticipated profits, administrative costs or overhead on anticipated Services, or other indirect
costs.
ARTICLE 25. TERMINATION FOR CAUSE
(a) The occurrence of any one or more of the following events will constitute an event of default:
(1) Professional's persistent failure to perform the Services in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficiently skilled workers,
suitable materials or equipment, or to adhere to project schedules as adjusted from time to
time pursuant by the Parties);
(2) Professional's disregard of applicable laws or regulations;
(3) Professional's disregard of the authority of CITY's Designated Representative;
(4) Professional's violation in any material way of any provisions of the Contract Documents;
(5) Failure of Professional to pay subcontractors and/or material suppliers; or
(6) Professional's violation of CITY's Ethics Ordinance (City Code of Ordinances Chapter
2.26) or any ethics policies that are applicable to City employees).
(b) If one or more of the events identified in paragraph (a) occur, CITY may terminate this Contract if
after giving Professional (and the surety, if any) seven (7) calendar days prior written notice, unless such
event of default shall have been cured.
(c) If this Contract has been so terminated by CITY, the termination will not affect any rights or
remedies of CITY against Professional or any surety then existing or which may thereafter accrue. No
retention or payment of moneys due Professional by CITY will release Professional from liability.
(d) In such a circumstance, CITY shall notify Professional in writing of the termination, with copies
of the notice to CITY's jobsite personnel.
ARTICLE 26. SUSPENSION
(a) CITY may, at any time and at its sole option, suspend all or any portions of the Services to be
performed under this Contract by providing ten (10) calendar days written notice to the Professional.
Upon receipt of any such notice, Professional shall:
(1) Immediately discontinue the Services on the date and to the extent specified in the notice;
(2) Place no further orders or subcontracts for materials, Services or facilities with respect to
the suspended portion of the Services, other than to the extent necessary to protect any
portion of the Services already performed;
(3) Promptly make every reasonable effort to obtain suspension, upon terms satisfactory to
CITY, of all orders, subcontracts and rental agreements to the extent that they relate to
performance of the portion of Services suspended by the notice;
(4) Continue to protect and maintain the portion of the Services already completed, including
the portion of the Services suspended hereunder, unless otherwise specifically stated in
the notice; and
(5) Continue to perform Professional's obligations for the portions of the Services not
suspended.
(b) As full compensation for such suspension, Professional will be reimbursed for the following
costs, reasonably incurred, without duplication of any item, to the extent that such costs actually result
from such suspension of Services.
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(1) A reasonable standby charge to be negotiated between CITY and the Professional
sufficient to compensate Professional for keeping (to the extent required in the notice) its
organization and equipment committed to the Services in a standby status;
(2) All reasonable costs associated with demobilization of Professional's facility, forces and
equipment; and
(3) A reasonable amount to be negotiated between CITY and the Professional to reimburse
the Professional for the cost of maintaining and protecting that portion of the Services
upon which activities have been suspended.
(c) Upon receipt of notice to restart the suspended portion of the Services, Professional shall
immediately resume performance on the suspended portion of the Services to the extent required in the
notice. Within fourteen (14) calendar days after receipt of notice to restart the suspended portion of the
Services, the Professional shall submit a revised schedule for approval by CITY. If, as a result of any
suspension, the cost to Professional of subsequently performing the Services or the time required to do so
is changed, a claim for an adjustment in the Contract price may be made. Any claim on the part of
Professional for change in price or extension of time shall be made in accordance with this Contract.
ARTICLE 27. DISPUTE RESOLUTION
The Parties agree that in the event of a dispute concerning the performance or non-performance of any
obligations flowing from or as a result of this Contract and prior to the initiation of any litigation, the
Parties will voluntarily submit the dispute to an agreed mediation center or mediator for mediation as
though it were referred through the operation of the Texas Alternative Dispute Resolution Procedures
Act, Title 7, Chapter 154, TEX. CIV. PRAC. & REM. ANN., (Vernon's 1986). No record, evidence,
statement or declaration resulting from or in connection with such alternate dispute resolution procedure
may be used in evidence in subsequent litigation except to demonstrate that this Article has been
complied with in good faith by a Party. Professional shall proceed diligently with performance of the
Contract, pending final resolution of any request for relief, claim, appeal, or action arising under
the Contract.
ARTICLE 28. NOTICES
All notices or other communications required under this Contract must be made in writing and sent either by
personal delivery, registered or certified mail (in each case with return receipt requested and postage prepaid),
nationally recognized overnight courier (with all fees prepaid), facsimile, or e-mail the other Party. Changes
to name or address for notice are not effective unless they are in writing and provided to the other party in the
same manner as other notices under this Contract. Notice is effective only sent using one of the methods
specified above and if actually received.
CITY:
City of Georgetown
Attn: Thomas R. Benz, P.E., Systems Engineering Manager
P.O. Box 409
Georgetown, TX 78626
Fax No.: 512-930-3559
E-Mail:tbenz@georgetowntx.org
Master Services Agreement — Schneider Engineering Ltd.
Version 6.4.2008
PROFESSIONAL:
Schneider Engineering Ltd.
Attn: Lance Pettigrew
191 Menger Springs Pkwy
Boeme, Texas, 78006
Fax No.:(830) 249-5434
E -Mail: 1pettigrew@se-texas.com
Page 14
with a copy to:
Marsha Iwers
P.O. Box 409
Georgetown, TX 78626
Fax No. 512-930-9027
E-Mail:mei@georgetowntx.org
ARTICLE 29. TITLES AND SECTION HEADINGS
The titles and section headings of this Contract are included for convenience only and shall not be deemed to
constitute a part of this Contract.
ARTICLE 30. INTERPRETATION AND RELIANCE
While this Contract form was initiated by CITY, Professional had the opportunity to take exception to and
seek clarification of it. Thus, this Contract is the product of negotiations between the Parties. No presumption
will apply in favor of any Party in the interpretation of this Contract or in resolution of any ambiguity of any
provision.
ARTICLE 31. FAILURE TO ACT
No action or failure to act by either Party shall be a waiver of a right or duty afforded under the Contract, nor
shall such action or failure to act constitute a breach of this Contract, except as specifically agreed to in
writing.
ARTICLE 32. CONTRACT NON-EXCLUSIVE
The Contract is not exclusive. Professional has the right to perform Services for others during the term of the
Contract, and CITY has the right to hire others to perform the same or similar tasks.
ARTICLE 33. THIRD PARTY BENEFICIARIES
There are no third party beneficiaries to this Contract and the provisions of this Contract shall not create any
legal or equitable right, remedy or claim enforceable by any person, firm or organization other than the
Parties and their permitted successors and permitted assigns.
ARTICLE 34. MITIGATION OF DAMAGES
In all cases the Party establishing or alleging a breach of contract or a right to be indemnified in accordance
with this Contract shall be under a duty to take all necessary measures to mitigate the loss which has
occurred, provided that it can do so without unreasonable inconvenience or cost.
ARTICLE 35. SEVERABILITY
This Contract is severable and if any one or more parts of it are found to be invalid, such invalidity shall
not affect the remainder of this Contract if it can be given effect without the invalid parts.
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Professional warrants that he/she/it has not employed or retained any company or persons, other than a
bona fide employee working solely for Professional, to solicit or secure this Contract, and that the/she/it
has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee,
gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract.
For breach or violation of this warranty, City reserves and shall have the right to annul this Contract
without liability or, in its discretion and at its sole election, to deduce from the contract price or
compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage
fee, gift or contingent fee.
Professional covenants and represents that Professional, his/her/its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of
any product, materials or equipment that will be recommended or required for the construction of the
project.
Professional hereby represents and warrants to City, with the intention that City rely on this
representation in entering this Contract, that no portion of any payment to Professional by City pursuant
to this Contract shall be: (i) used as a bribe, kickback, rebate, or illegal political contribution of the
purpose of obtaining political influence; or (ii) in violation of applicable regulations, tax laws or
regulations or other laws of any jurisdiction.
Professional hereby represents and wan -ants to City that Professional shall not perform any work or
services for a third parry that is potentially or actually related to, connected to, a part of, or integral to the
work or services that it has performed is or is performing for the City under a Task Order. Professional
shall have the affirmative duty to bring all such conflicts or potential conflicts to the attention of the City,
and Professional agrees that the City shall be the sole judge as to whether a conflict or potential conflict
of interest with work for private parties or Developer work exists. If in the judgment of the City such a
conflict or potential conflict between City work and Developer work exists, then Professional agrees to
terminate all work under the affected Task Order(s) immediately and that it shall not be eligible for
payment for such services.
ARTICLE 37. INTEGRATION & CONTRACT MODIFICATION
This Contract, including its exhibits and Task Orders issued pursuant to it, contains the entire and
integrated agreement between Professional and CITY as to their subject matter and supersedes all prior
negotiations, correspondence, understandings, representations and agreements, written or oral, related to
it. In case of conflict between the terms and conditions of this Contract and those of any standard sales
forms presented by Professional or such forms appearing in or referenced by Professional's bid or
proposal, the terms and conditions of this Contract shall prevail. The terms and conditions of this
Contract can be modified only by a writing signed by an authorized representative of both Professional
and CITY.
ARTICLE 38. APPROVAL
Task Orders that exceed $15,000 (either initially or through a change order) must be approved by the City
Council before they become effective. Change orders to Task Orders or contracts must be approved by
the City Council if they exceed $15,000, either separately or in the aggregate. Change orders and Task
Orders must be executed by an authorized representative of each Party. The City may unilaterally adjust
the dollar amounts in this Article based on changes in state law or in Council approved purchasing and
contracting policies; notice of any such adjustments shall be provided to Professional.
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ARTICLE 39. SECURITY AT CITY JOB SITE
Professional shall provide a list of names of its and its subcontractor's employees to the CITY project
manager prior to commencing work at any CITY facility. The employee will only be allowed on any
CITY job site, if the employee is able to show photo identification and their name is on the list. Any
addition or deletion must be provided to the CITY project manager.
THE CITY OF GEORGETOWN, TEXAS:
By:
Name: George G. Garver
Title: Mayor
Date:
ATTEST:
Sandra D. Lee, City Secretary
APPROVED AS TO FORM:
Patricia E. Carls, City Attorney
Attachment A — Task Order
PROF SION eider Engineering Ltd.
B
N Lance Pettigrew
Title: Vic -e \ 4esr
Date: 5oL t 3, 3006
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ATTACHMENT A
TASK ORDER
City's Designated Representative
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
General Description of Services or Project:
City Provided Information or Work: The City shall provide the following services or perform
the following work (describe):
Any documents or information related to the Work/Services provided by the City to the
Professional, including, without limitation, engineering studies, maps, reports, filed data, notes,
plans, diagrams, sketches, or maps (the "Information") is and shall remain the property of the City,
and Professional shall have no ownership or other interest in same. The Professional shall deliver
to the City, if requested, a written itemized receipt for the Information, and shall be responsible for
its safe keeping and shall return it to the City, upon request, in as good condition as when received,
normal wear and tear excepted.
Scope of Work. (describe in detail using additional or separate sheets if necessary):
Master Services Agreement - Engineering Attachment A
Version 1.31.2008 Page 1
Statement Regarding Non -Collusion; Prohibited Financial Interests; Prohibited Political
Influences: (Per Article 36 in the Master Service Agreement): Professional hereby represents
and warrants to City that Professional shall not perforin any work or services for a third party
that is potentially or actually related to, connected to, a part of, or integral to the work or
services that it has performed is or is performing for the City under this Task Order.
Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to
the attention of the City, and Professional agrees that the City shall be the sole judge as to
whether a conflict or potential conflict of interest with work for private parties or Developer
work exists. If in the judgment of the City such a conflict or potential conflict between City
work and Developer work exists, then Professional agrees to terminate all work under the
affected Task Order(s) immediately and that it shall not be eligible for payment for such
services.
Compensation: (Pick one)
Time and Materials with Amount Not to Exceed: - Services to be provided at rates shown on
Exhibit B in an amount not to exceed $ DOLLARS and
CENTS.
Lump Sum: Services to be provided at rates shown on Exhibit B in an amount not to exceed
$ DOLLARS and ZERO CENTS.
APPROVED:
CITY OF GEORGETOWN
Title: City Designated Representative
Master Services Agreement - Engineering
Version 1.31.2008
PROFESSIONAL
By:
Name:
Title: Professional Designated Representative
Address:
Fax:
E -Mail:
Date:
Attachment A
Page 2
Council Meeting Date: July 22, 2008 Item No.
AGENDA ITEM COVER SHEET
SUB :Consideration and possible action to approve Amendment No. 1 to the Advance
Funding Agreement with Texas Department of Transportation for the City's portion of the
funding for the IH 35 at Lakeway Project.
ITEM SUMMARY: The City entered into an agreement dated April 25, 2007, with the Texas
Department of Transportation (TxDOT) for local share funding in an estimated amount of
$2,500,000 to replace the existing bridge over IH 35 at Lakeway Drive, including realignment of
Lakeway Drive, the northbound exit ramp and the frontage roads. The participating amount
was originally committed towards the costs of construction of the Project at ten percent (101/6) of
construction costs, the City's share having been estimated at $2.5M, actual City costs to be
determined when the project was bid by TxDOT. With the rescission of funds by TxDOT in
2007 the project became inactive. In order to avoid arbitrage issues and to expedite the project,
the City requested its share be re -directed to the purchase of rights-of-way (ROW) and utility
relocations. By this request, the City's share also would become a fixed amount, not dependent
upon a percentage of construction costs.
TxDOT is in agreement with the City's request and has drafted Amendment No. 1 to the
Advance Funding Agreement which would commit the City's participation share at a fixed
$2,500,000 towards ROW acquisition and utility adjustment costs.
SPECIAL CONSIDERATIONS:
None
FINANCIAL IMPACT:
Funds for this expenditure are budgeted in the GTEC Fund:
Fund Cost Budeet
400-9-0980-90-029 GTEC Fund $2,500.000 $2,500.0001
1$1,750,000 from 2005 CO issuance and $750,000 from 2007 CO issuance.
STAFF RECOMMENDATION: Staff recommends approving Amendment No. 1 to the
Advance Funding Agreement with TxDOT.
COMMENTS:
None
ATTACHMENTS:
Amendment No. 1 to the Advance Funding Agreement
Submitted By: Bill Dryden 4E,.,
Transportation Engineer
i��_ *
Texas Department of Transportation
P.O. DRAWER 15426 • AUSTIN. TEXAS 78761-5426 • (512) 832-7000
April 2, 2007
County:
Williamson
Highway:
1-35 at Lakeway
CSJ:
0015-08-116
Honorable George Garver
Mayor
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
Dear Mayor Garver:
RECEIVE®
JUL 0 7 2008
CITY SE17=ARY
Enclosed are two originals of Amendment No. 1 to the Advance Funding
Agreement executed April 25, 2007, for the above referenced project. The project
consists of the replacement of an existing bridge structure and the realignment of
the frontage road on 1-35 at Lakeway Drive.
At the request of city staff, the fixed participation amount of $2,500,000 to originally
be committed towards the cost of construction of the Project will now be devoted to
right of way acquisition and utility adjustments.
Please return the two signed and dated documents to my attention for final
execution. A fully executed agreement will be returned for your records.
If you have any questions, please contact me at (512) 832-7050. Your assistance
is appreciated.
Sincerely,
Patricia L. Crews- eight, P.E.
Director of Design - AUS
Attachments
cc: John Wagner, P.E.
Shelly Easley
THE TEXAS PLAN
REDUCE CONGESTION • ENHANCE SAFETY • EXPAND ECONOMIC OPPORTUNITY • IMPROVE AIR QUALITY
INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS
An Equal Opportunity Employer
CSJ 0015-08-116
District # 14 - AUS
Code Chart 64 # 16000
1-35 at Bt 35M and Lakeway Drive
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT ORIGINAL
AMENDMENT #1
THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of
Transportation, hereinafter called the State, and the City of Georgetown, acting by and through their duly authorized
officials, hereinafter called the Local Government.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on 25th day of April, 2007, to effectuate their
agreement to contribute funding towards construction of a bridge replacement, approaches and frontage road
improvements on 1-35 at BI 35 M and Lakeway Drive in Georgetown; and,
WHEREAS, it has become necessary to amend that contract,
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto,
the State and the Local Government do agree as follows:
AGREEMENT
Article 1. Description of Amended Items
The Local Government would like to divert the fixed amount of $2,500,000 they committed towards the cost of construction
of the Project toward the cost of right of way acquisition and utility adjustments on the Project. Due to the revised
description where the fixed costs provided by the Local Government will be dedicated, it has become necessary to update
the Project Budget and Description to more accurately reflect the Description and Work Responsibilities.
Therefore, Article 4 is void in its entirety and replaced with: The State will coordinate the right of way acquisition and utility
adjustments. The Local Government shall participate in the cost of the right of way acquisition and utility adjustment as
stated in Attachment A-1.
Attachment A is void in its entirety and replaced with Attachment A-1 contained herein.
All other provisions of the original contract are unchanged and remain in full force and effect.
Article 2. Signatory Warranty
The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the
organization they represent.
AFA—AFA_Amend Page 1 of 3 Revised 11/09/05
IN W114NESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to
effectuate this agreement.
THE LOCAL GOVERNMENT
Name of Local Government
Signature
Printed Name
Title
Date
THE STATE OF TEXAS
Executed for the Executive Director and
approved for the Texas Transportation
Commission for the purpose and effect of
activating and/or carrying out the orders,
established policies or work programs
heretofore approved and authorized by the
Texas Transportation Commission.
By:
Name
Date
AFA—AFA_Amend Page 2 of 3 Revised 11/09/05
ATTACHMENT A-1
Project Budget and Description
The Local Government will contribute a fixed amount towards the cost of right of way acquisition and utility adjustments to
replace the Lakeway Drive bridge and approaches and associated frontage road improvements. The Local Government's
participation is fixed at $2,500,000 toward the cost of these activities. The State has estimated the project to be as follows:
Description
Total
FederalS
tate
Local
Estimate
Participation
Participation
Participation
Cost
_
COSI
°/a COSI
% Cost
RIGHT
OF WAY and UTILITY COSTS
Right of Way Acquisition
$3,000,000
0%
$0.00
$500,000
Fixed
$2,500,000
and Utility Adjustments
for Construction of
Bridge, approaches and
frontage road
improvements
TOTAL
$3,000,000
$0.00
$500,000
$2,500,000
Local Government's Participation (Fixed) = IZfipp�M
Work Responsibilities
Engineering Services
A. The State shall prepare or cause to be prepared the engineering plans, specifications, and estimates (P.S. &
E.) necessary for the development of the Project. The P.S. & E. shall be prepared in accordance with all
applicable laws, policies and regulations, deemed necessary by the State.
B. The engineering plans shall conform to the design criteria in the State's Roadway Design Manual, the current
Standard Specifications for Construction and Maintenance of Highways Streets and Bridges and the Texas
Accessibility Standards,
2. Environmental
A. The State shall prepare the appropriate environmental documentation required for clearance of the Project.
B. To the extent required to complete the Project, the State will be responsible for the mitigation and remediation
of any environmental problems associated with the development of the Project.
3. Right of Way and Utility Adjustments
The State shall include this work to the current project under State identifier CSJ 0015-08-126 (ROW).
4. Construction Responsibilities
A. The State shall advertise for construction bids, issue bid proposals, receives and tabulate the bids and award
and administer the contract for construction of the Project. Administration of the contract includes the
responsibility for construction engineering and for issuance of any change orders, supplemental agreements,
amendments, or additional work orders, which may become necessary subsequent to the award of the
construction contract.
B. The State will use its approved contract letting and award procedures to let and award the construction
contract.
AFA—AFA—Amend Page 3 of 3 Revised 11/09/05
Council Meeting Date: July 22, 2008 Item No. (i\•1 -
AGENDA ITEM COVER SHEET
SUB) CT:
Consideration and possible action to approve a Master Services Agreement with Klotz
Associates, of Austin, Texas, for professional engineering services.
ITEM SUMMARY: As part of the overall transportation enhancement needs for development of
the area north of the City's Williams Drive Gateway Project of the City of Georgetown, the City is
determining the best potential route for a bridge connecting Northwest Boulevard and the
intersection of FM 971 and Austin Avenue.
Attached for your review and consideration is a Master Services Agreement (MSA) with Klotz
Associates, Inc., of Austin, Texas The MSA contains the basic terms governing the relationship
between the City and the engineer. The MSA would have a term of one year, renewable for up to
four additional terms. During the contract term, the City could issue Task Orders to the
engineering firm for specific projects. The Task Orders would contain all of the details that would
be specific to a certain project — e.g., scope, schedule, cost, etc. Task Orders would be approved by
the authorized City representative(s) in accordance with the City's purchasing policy — which
currently requires that all professional services contracts for $15,000 or greater be approved by the
City Council.
Approval of the MSA is not a guarantee of work, but approval of the MSA allows for Task
Orders to be issued in an expeditious way that will allow for efficient project management.
SPECIAL CONSIDERATIONS:
None
GTEC BOARD RECOMMENDATION:
GTEC recommended approval of the Master Services Agreement with Klotz Associates, Inc
unanimously.
STAFF RECOMMENDATION:
Staff recommends entering into an MSA with Klotz Associates, Inc.
None
ATTACHMENTS:
Master Services Agreement with Klotz Associates, Inc.
Submitted By: Bill Dryden IVE.,
Transportation Engineer
Utility
PROFESSIONAL SERVICES CONTRACT
MASTER SERVICES AGREEMENT
ENGINEERING SERVICES
This is a Professional Services Contract ("Contract") between the City of Georgetown, Texas (the
"CITY") and Klotz Associates, Inc., ("Professional"), collectively referred to as the "Parties" or
individually as a "Party", made for and in consideration of the payment terms and performance
obligations herein described.
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Engineering Services Procurement Act" provides for procurement by municipalities of
services of professional engineers; and
WHEREAS, City and Professional desire to contract for such professional engineering services; and
WHEREAS, City and Professional wish to document their agreement concerning the requirements and
respective obligations of the parties;
NOW, THEREFORE, for and in consideration of the mutual promises contained herein and other
good and valuable consideration, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
ARTICLE 1. SERVICES TO BE PROVIDED
(a) Professional shall provide professional services (the "Services") to CITY under individual
assignments ("Task Order(s)") in the general format shown in Attachment A to the Agreement. The
Services that Professional may be requested to perform include professional engineering services such as
civil engineering site services, utility line design, drainage calculations and design, street design, and
related surveying, GIS mapping, investigations, studies, reports, reviews, designs, and consultations.
CITY will provide a written Task Order, including a written scope of work ("Scope of Work") describing
the particular tasks to be performed, to Professional for the particular task and a specific price or a
formula by which the price can be determined. No Services are authorized unless authorized
representatives of both Parties sign such a Task Order. This Contract does not guarantee a minimum
amount Professional will be paid or a minimum number of Task Orders.
(b) Notwithstanding anything to the contrary contained in this Contract, CITY and Professional agree
and acknowledge that CITY is entering into this Contract in reliance on Professional's special and unique
abilities with respect to performing the Services. Professional represents that there are no undisclosed
obligations, commitments or impediments of any kind that will or could taint, limit or prevent performance of
the Services.
(c) Changes in Services. CITY may request additional Services or changes in the Services as the
project progresses. If so, changes in the Scope of Work shall be initiated by a written change order
("Change Order") signed by an authorized representative of each Party. The Change Order shall describe
the Services to be added, changed or deleted and shall state the additional cost or cost reduction and
schedule changes, if any. Verbal Change Orders shall have no effect, except in cases of an emergency
threatening personal injury or property damage. The terms and conditions of this Contract may be
modified only by a written amendment signed by an authorized representative of each Party.
Master Services Agreement - Engineering Page I
Version 5.19.2008
(d) Effect of Expiration on Task Orders. Upon expiration or earlier termination of this Contract,
these terms and conditions shall continue in full force and effect with respect to any Task Order awarded
under this Contract that has not been completed or otherwise terminated.
ARTICLE 2. CONTRACT DOCUMENTS
(a) General Definition. In order of precedence, this Contract shall consist of the following
documents ("Contract Documents"):
(1) All written Change Orders executed after the effective date of this Contract by an
authorized representative of each Party;
(2) Each Task Order executed pursuant to this Contract by an authorized representative of
both Parties;
(3) The Scope of Work attached to each Task Order;
(4) This Contract; and
(5) Any other documents specifically identified as Contract Documents.
(b) Exclusion from Contract Documents. No terms and conditions submitted by Professional in
connection with any proposal or proposed Task Order that conflict with the terms and conditions
contained in this Contract will be considered part of the Contract Documents unless expressly accepted in
writing by the CITY.
ARTICLE 3. TERM
This Contract is for a one (1) year period, with an option to extend for four (4) consecutive one (1) year
periods, not to exceed a maximum of five (5) years. The primary term begins upon execution of this
Contract by an authorized representative of the CITY. This Contract will be deemed to extend beyond its
expiration or termination date with respect to any Task Order being performed under it at that time, unless
the Task Order is also terminated.
ARTICLE 4. SCHEDULE
Time shall be of the essence for performance under this Contract. Professional agrees to perform all
obligations and render the Services set forth in this Contract or any Task Order issued pursuant hereto in
accordance with any timelines included in the Scope of Work, except as the Parties may otherwise
mutually agree to in writing. If required by the Scope of Work, a specific Services progress schedule will
be developed for each individual task in compliance with the Scope of Work.
ARTICLE 5. PRICE
The price to be paid for Services under any Task Order shall be a not to exceed price as agreed in a particular
Task Order.
ARTICLE 6. PAYMENT
(a) Notwithstanding anything in this Contract to the contrary, all payments to be made by the CITY
hereunder are subject to Ch. 2251 of the Texas Government Code, popularly known as the Prompt
Payment Act. Payment in full for invoices shall be due within thirty (30) days from date the invoice is
received by CITY. Invoices paid more than thirty (30) days after the invoice is received are subject to a
late charge of I% per month (12% APR) on the amount of the undisputed past due balance.
(b) Invoices for payment under this Contract shall be sent to:
Master Services Agreement - Engineering Page 2
Version 5.19.2008
City of Georgetown
Attn: Accounts Payable
P.O. Box 409
Georgetown, Texas 78626
CITY's purchase order numbers shall be included prominently on each invoice. Payments may be based
on completion of the Services, fulfillment of milestones, progress payments or any other method that is
established in the agreed Task Order. In no event shall Professional invoice CITY more than once a
month.
(c) No invoice shall be considered complete or payable unless all documentation is submitted with
invoice supporting reimbursable and CITY approved expenses, such as time sheets, transportation,
lodging and meal expenses. Alcohol and entertainment expenses are not reimbursable.
ARTICLE 7. ACCEPTANCE OF THE SERVICES
When Professional can demonstrate that the Services are complete in accordance with the acceptance criteria
included in the Task Order and so notifies CITY, CITY shall review the Services for general compliance with
the Contract. If the Services appear to comply with the Contract requirements, and Professional has furnished
any required documentation, CITY shall notify Professional in writing of CrI Y's acceptance of the services
("Acceptance of the Services"). Acceptance of the Services shall not limit nor diminish Professional's
warranties and standards with respect to the Services.
ARTICLE 8. JOBSITE INSPECTION
If applicable to the Services and required by the CITY, Professional's representatives shall inspect the jobsite
and clearly understand the requirements and risks of the Services to be perforated, the jobsite conditions,
traffic conditions, the proximity of high-voltage power lines, buried utilities, biological hazards and other
local conditions likely to affect Professional's performance before accepting any Task Order. Acceptance of
a Task Order shall constitute the Professional's certification that it has by inspection satisfied itself with
respect to all such local conditions and is willing to accept all risks they impose.
ARTICLE 9. INDEPENDENT CONTRACTOR
Professional shall perform in all respects as an independent contractor and not as an employee, partner, joint
venturer or agent of the CITY. The Services to be performed by Professional shall be subject to the
CITY's review, approval and acceptance as provided in the Contract Documents, but the detailed manner
and method of performance shall be under the control of Professional. The accuracy, completeness and
scheduling of the Services and the application of proper means and methods for performance of the
Services are entirely the responsibility of Professional. Professional shall be solely responsible for hiring,
supervising and paying its employees, subcontractors and suppliers. Professional shall be solely
responsible for payment of all (i) compensation, including any employment benefits, to its employees, (ii)
taxes, including withholding for federal income tax purposes, employment and unemployment taxes, and
(iii) such other expenses as may be owed to Professional's employees. However, because Professional's
Services may be associated in the minds of the public with CITY, Professional shall ensure that all Services
by its employees, subcontractors and agents are performed in an orderly, responsible and courteous manner.
Upon prior notification to and written approval of CITY, Professional may hire subcontractors to perform
Services hereunder. Professional shall be responsible to CITY for the performance of all such subcontractors.
The CITY reserves the right, in its sole discretion, to reject the employment by Professional of any
subcontractor to which CITY has a reasonable objection. Professional, however, shall not be required to
contract with any subcontractor to which it has a reasonable objection. CITY shall require any and all such
subcontractors to sign contracts with Professional that bind the subcontractors to perform their subcontracts in
Master Services Agreement - Engineering Page 3
Version 5.19.2008
accordance with the applicable requirements of the Contract Documents. Upon the request of CITY,
Professional shall furnish CITY with copies of such subcontracts. In addition, Professional agrees that it is
Professional's responsibility to ensure that such subcontractors make all appropriate tax payments or tax
withholding in relation to subcontractor's employees providing Services to CITY through Professional under
this Contract. Professional represents that it and its subcontractors are fully trained to perform the tasks
required by this Contract and that they need no training by the CITY.
ARTICLE 10. DESIGNATED PROJECT REPRESENTATIVES
(a) City's Designated Representative. The City's Designated Representative for purposes of this
Contract shall be designated on each Task Order. The City's Designated Representative shall coordinate all
meetings and be authorized to act on City's behalf with respect to the Task Order. City or City's Designated
Representative shall participate in all meetings and render decisions in a timely manner pertaining to
documents submitted by Professional in order to avoid unreasonable delay in the orderly and sequential
progress of Services.
(b) Professional's Designated Representative. The Professional's Designated Representative for
purposes of this Contract shall be acceptable to the City and designated on each Task Order. The
Professional's Designated Representative shall participate in all meetings and be authorized to act on
Engineer's behalf with respect to the Task Order. Professional's Designated Representative shall render
decisions in a timely manner pertaining to documents submitted by City in order to avoid unreasonable delay
in the orderly and sequential progress of Services.
(c) The Parties Designated Representatives shall serve as the primary contact person for issues related to
work under each Task Order.
(d) Changes to a Designated Representative shall be provided in writing by one party to the other. The
City retains the right at all times to approve or disapprove the Professional's Project Representative.
ARTICLE 11. LICENSES AND PERMITS
(a) Professional shall procure and maintain at its expense all licenses and permits necessary for it to
perform the Services.
(b) Professional shall ensure that its employees and subcontractors and their employees are all
properly licensed to perform their respective portions of the Services.
ARTICLE 12. GOVERNING LAWS. REGULATIONS & STANDARDS
(a) This Contract shall be governed, interpreted and enforced under the laws of the State of Texas,
without regard to its conflict of law principles. In the event of litigation between the Parties arising out of
this Contract issued under it, venue for such litigation shall be in a court of competent jurisdiction in
Williamson County, Texas.
(b) Professional, its employees, subcontractor's and agents, shall be aware of and shall comply with the
Charter of the City of Georgetown and all federal, state and local laws, ordinances, codes (including
applicable professional codes) and regulations applicable to the Services, any equipment to be fabricated and
delivered and for compliance with standards and codes of technical societies that have been adopted by law
or regulation or compliance with which is required to perform the Services.. If any of the Services fails to
comply with such laws, ordinances, codes and regulations, Professional shall bear any expense arising from
that failure, including the costs to bring the Services into compliance. Professional shall further obtain and
maintain all permits and licenses required, if any, for the performance of any Services required hereunder.
Master Services Agreement - Engineering Page 4
Version 5.19.2008
ARTICLE 13. INTOXICANTS & DRUGS: EMPLOYEE CONDUCT
Professional shall not at any time allow personnel for whom it is responsible on the jobsite if they are under
the influence of any substance that may impair their performance. Professional shall promptly remove from
the jobsite any person who is or appears to be under the influence of any of these substances or is otherwise
unsafe or disorderly. Professional shall ensure that its employees, subcontractors and their employees avoid
excessive noise, exceeding speed limits or reckless driving, use of weapons or trespass on land not owned by
or under easement to CITY. If private property must be entered or crossed to perform the Services,
Professional shall obtain permission from the property owner before entering.
ARTICLE 14. RISK OF LOSS
(a) Professional shall bear the expense and risk of loss or damage to its work in progress, completed
work, materials, equipment and all other incidents of its Services prior to Acceptance of the Services.
Professional shall promptly replace or repair any loss or damage to its work at its own expense. In the event
of substantial loss or damage due to Force Majeure (see Article 20 for definition), the schedules shall be
equitably extended. Professional shall bear the expense of storage space for stored materials, whether on-site
or off-site, and shall bear the risk of loss or damage to all such materials. Professional shall take reasonable
precautions to protect its work from weather damage, burglary, pilferage, fire, theft and similar hazards.
(b) Professional shall bear the risk of loss or damage to its own equipment, tools, supplies and property
and those of its subcontractors and suppliers, regardless of the cause of loss or damage throughout the project.
ARTICLE 15. WARRANTIES AND STANDARDS
(a) Warranty of Title. Professional warrants the title to any goods it delivers to CITY incidental to the
performance of the Services and that said goods will be free and clear of all liens, mortgages, security
interests or other encumbrances.
(b) General Standard of Performance. Professional shall perform all Services in a professional
manner consistent with the usual and customary industry standards and to any higher standard required in the
Contract Documents. Professional shall correct, without delay and at its own expense, any portion of the
Services that does not meet the foregoing standard and that is discovered within one (1) year after Acceptance
of the Services by re -performing the defective portion of the Services to the required standard of
performance. Any repair, replacement or modification of the Services performed pursuant to the provisions of
this paragraph shall be supplied or repaired on the same terms and conditions as provided for herein for the
Services. In particular, a new correction period shall apply. Such new correction period shall expire twelve
(12) months from the date of such replacement, repair or modification.
(c) Intellectual Property Warranty. Professional warrants that the Services, including any
deliverables associated therewith, and the processes used in performing them shall not infringe on any valid
United States patent, United States copyright, trademark or trade secret.
(d) Business Standing Warranty. Professional warrants, represents and agrees that if (i) it is a
corporation or limited liability company, then it is a corporation duly organized, validly existing and in good
standing under the laws of the State of Texas, or a foreign corporation or limited liability company duly
authorized and in good standing to conduct business in the State of Texas, that it has all necessary corporate
power and has received all necessary corporate approvals to execute and deliver the Contract, and the
individual executing the Contract on behalf of Professional has been duly authorized to act for and bind
Professional; or (ii) if it is a partnership, limited partnership or limited liability partnership, then it has all
necessary partnership power and has secured all necessary approvals to execute and deliver this Contract and
Master Services Agreement - Engineering Page 5
Version 5.19.2008
perform all its obligations hereunder; and the individual executing this Contract on behalf of Professional has
been duly authorized to act for and bind Professional.
ARTICLE 16. GENERAL INDEMNITY
(a) PROFESSIONAL SHALL HOLD THE CITY, ITS AFFILIATES, ITS BOARDS OF
DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM ALL CLAIMS,
DAMAGES, LOSSES AND EXPENSES (JOINTLY "CLAIMS"), INCLUDING REASONABLE
ATTORNEYS' FEES, ARISING OUT OF, OR RESULTING FROM OR ARISING UNDER THIS
CONTRACT, OR ANY CLAIMED DEFECT IN THE SERVICES, PROVIDED THAT ANY
SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS CAUSED, IN WHOLE OR IN PART, BY
THE NEGLIGENT OR GROSSLY NEGLIGENT ACT OR WILLFUL MISCONDUCT OF
PROFESSIONAL, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY IT, OR ANYONE
FOR WHOSE ACTS IT MAY BE LIABLE.
(b) IF THE PARTIES ARE CONCURRENTLY NEGLIGENT, EACH PARTY'S LIABILITY
SHALL BE LIMITED TO THAT PORTION OF NEGLIGENCE ATTRIBUTABLE TO IT AS
DETERMINED UNDER THE APPLICABLE PROPORTIONATE RESPONSIBILITY RULES
OF THE STATE OF TEXAS.
(e) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NEITHER PARTY
SHALL BE LIABLE TO INDEMNIFY THE OTHER FOR THE NEGLIGENCE, GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT OF THE OTHER.
(d) THE FOREGOING INDEMNITY PROVISIONS SHALL BE DEEMED INDEPENDENT
COVENANTS AND SHALL SURVIVE COMPLETION OF OR ANY TERMINATION OF THE
CONTRACT OR ANY CLAIMED BREACH THEREOF. PROFESSIONAL'S INDEMNITY
RESPONSIBILITY AS SPECIFIED IN THIS ARTICLE SHALL NOT INCLUDE SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
ARTICLE 17. INTELLECTUAL PROPERTY INDEMNITY
(a) PROFESSIONAL SHALL, AT ITS OWN EXPENSE, DEFEND ALL SUITS OR
PROCEEDINGS INSTITUTED AGAINST CITY, ITS AFFILIATES, ITS BOARDS OF
DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES BASED UPON ANY CLAIM THAT
THE SERVICES, OR ANY PART THEREOF, OR THE PROCESS PERFORMED THEREBY
CONSTITUTES AN INFRINGEMENT OF EITHER ANY PATENT OR COPYRIGHT OF THE
UNITED STATES OR OF ANY TRADEMARK OR TRADE SECRET PROTECTED BY
EITHER FEDERAL OR STATE LAW. PROFESSIONAL SHALL PAY ALL AWARDS OF
DAMAGES ASSESSED WHICH RESULT FROM ANY SUCH CLAIM, SUIT OR
PROCEEDING AND SHALL INDEMNIFY AND SAVE CITY HARMLESS AGAINST LOSSES,
EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), AND DAMAGES
RESULTING FROM ANY SUCH CLAIM, SUIT OR PROCEEDING, INCLUDING OBEDIENCE
TO RESULTING DECREES AND TO RESULTING COMPROMISES.
(b) IF, IN ANY SUCH SUIT, A RESTRAINING ORDER OR TEMPORARY INJUNCTION
IS GRANTED, PROFESSIONAL SHALL MAKE EVERY REASONABLE EFFORT, BY
GIVING A SATISFACTORY BOND OR OTHERWISE, TO SECURE THE SUSPENSION OF
ANY SUCH RESTRAINING ORDER OR TEMPORARY INJUNCTION. IF, IN ANY SUCH
SUIT, THE SERVICES OR ANY PART THEREOF OR THE PROCESS PERFORMED
THEREBY IS HELD TO CONSTITUTE AN INFRINGEMENT AND ITS USE BE
PERMANENTLY ENJOINED, PROFESSIONAL SHALL AT ONCE MAKE EVERY
REASONABLE EFFORT TO SECURE FOR CITY A LICENSE AT PROFESSIONAL'S
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EXPENSE AUTHORIZING THE CONTINUED USE OF THE ALLEGED INFRINGING
PORTION OF THE SERVICES. IF PROFESSIONAL IS UNABLE TO SECURE SUCH
LICENSE WITHIN A REASONABLE TIME, PROFESSIONAL SHALL, AT ITS OWN
EXPENSE AND WITHOUT IMPAIRING PERFORMANCE REQUIREMENTS, EITHER
PROVIDE NON -INFRINGING REPLACEMENTS OR MODIFY THE SERVICES TO
ELIMINATE THE INFRINGEMENT. IN ADDITION TO INDEMNIFYING AND SAVING CITY
HARMLESS, PROFESSIONAL SHALL REIMBURSE CITY FOR ANY COSTS INCURRED AS
A RESULT OF THE UNAVAILABILITY OF THE INFRINGING ITEM OR ITS NON -
INFRINGING REPLACEMENT.
ARTICLE 18. INDEMNITY PROCEDURES
Promptly after receipt by any entity entitled to indemnification of notice of the commencement or threatened
commencement of any civil, administrative or investigative action or proceeding involving a claim for which
the indemnitee seeks indemnification, it shall notify the indemnitor of such claim in writing. No failure to so
notify an indemnitor shall relieve the indemnitor of its obligations under this Contract except to the extent
that the indemnitor can demonstrate damages attributable to such failure. Within fifteen (15) days following
receipt of written notice from the indemnitee relating to any claim, but no later than ten (10) days before the
date on which any response to a complaint or summons is due, the indemnitor shall assume control of the
defense and settlement of that claim.
ARTICLE 19. INSURANCE
Professional shall obtain and maintain the insurance coverage specified below on an occurrence -basis and
shall provide to CITY a copy of the insurance policies listing the coverage before starting Services. THE
COVERAGE SHALL NOT BE CONSTRUED AS ESTABLISHING OR LIMITING
PROFESSIONAL'S LIABILITY UNDER THE INDEMNITY PROVISION. Professional for itself
and its insurers hereby waives subrogation against CITY, its affiliates, their Boards of Directors, directors,
officers, employees and agents with respect to General Liability, Auto and Workers Compensation
insurance. Professional's failure to maintain the required insurance coverage at any time during the
Contract period may be grounds for CITY to suspend the Contract and withhold payment until insurance
coverage is satisfactory. In addition to any other required information, all insurance policies must contain
the applicable purchase order number and project title. Failure to furnish or update (as applicable) insurance
policies that comply with CITY requirements may result in retraction of a contract award, or suspension or
termination for breach of contract.
The Professional's insurance coverage shall be primary insurance with respect to the City, its affiliates,
their boards of directors, officers, agents, employees and volunteers. Any insurance or self-insurance
maintained by the City, its affiliates, their boards of directors, officers, agents, employees and volunteers,
shall be considered in excess of the Professional's insurance and shall not contribute to it.
The Professional shall include all subcontractors as additional insureds under his policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
General Liability, Automobile Liability, and Professional Liability insurance shall be written by a carrier
with an A:VUI or better rating in accordance with the current Best Key Rating Guide.
Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted.
Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis
for property damage only.
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The City, its affiliates, their boards of directors, officers, agents and employees are to be added as
"Additional Insured" on all policies other than the Workers' Compensation. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its officials, employees, or volunteers.
A Waiver of Subrogation in favor of the City of Georgetown with respect to Workers' Compensation
insurance must be included.
Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or
reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return
receipt requested, has been given to the City of Georgetown.
Type of Insurance
(a) Workers' Compensation
Coverage A -
Coverage B -
(b) General Liability
Bodily Injury
Bodily Injury
Property Damage
(c) Automobile Liability
Minimum Coverage
statutory
$ 250,000 employer's liability
$ 500,000 per person
$1,000,000 per occurrence
$1,000,000 per occurrence
(including owned or leased vehicles)
Bodily Injury $1,000,000 per occurrence
Property Damage $ 500,000 per occurrence
The automobile liability coverage shall apply to owned, non -owned, hired and leased vehicles.
(d) Professional Liability $2,000,000 per occurrence.
With approval of the City's Risk Manager, a Claims Made Policy may be accepted for Professional Liability
Insurance, provided that the deductible limit shall not exceed Twenty Five Thousand Dollars ($25,000).
(e) Copies of Policies. Before Services begin, a copy of the policies for all required insurance shall be
filed with the CITY Purchasing Agent.
(f) Other Insurance. Other or different insurance requirements shall be specified in a Task Order.
ARTICLE 20. FORCE MAJEURE
(a) The nonperformance or delayed performance by Professional or CITY of any obligation under
the Contract shall be excused if such nonperformance or delay is caused by an event beyond the control of
the affected Parry ("Force Majeure"), except to the extent that Professional knew of or should reasonably
have been able to foresee such an event and failed to take reasonable measures to avoid the event. Items
beyond the control of the Parties include, but are not limited to: acts of war, acts of a public enemy, acts
of domestic or foreign terrorism, natural disasters, strikes, epidemics or quarantine restrictions, riot, or
sabotage and acts of civil or military authority having jurisdiction.
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(b) Upon occurrence of a Force Majeure event, the date for performance of the Services shall be
extended for a period equal to the time lost by reason of the delay, provided Professional or CrfY has
taken reasonable steps to proceed with the performance of the Contract and has made written notification
of such delay and of any corrective action taken. Professional shall not be entitled to any increase in
compensation by reason of Force Majuere.
(c) The following delays shall not constitute excusable delays in performance by Professional and
shall not constitute a reason for extending the date for performance of the Services:
(1) Delays by subcontractors or by suppliers for reasons other than Force Majeure;
(2) Delays in approval of documentation because of inadequate performance or to unrealistic
approval schedules; or
(3) Delays caused by Professional's lack of sufficient personnel with the necessary skills.
ARTICLE 21. GENERAL SAFETY, ENVIRONMENTAL AND SITE OPERATIONS
(a) General. Professional, its employees and subcontractors shall perform all work required by this
Contract in a safe and healthy manner. During the course of the work, the Professional shall comply with and
enforce all laws, rules, regulations and industry practices applicable to worker safety and health.
(b) Scope of Health and Safety Requirements. Professional will manage all of Professional's
employees and subcontractors on site and will be accountable for their employees' and subcontractors'
performance with respect to health and safety.
(c) Mandatory Health and Safety Conditions.
(1) Training/Qualification - Professional, its employees and subcontractors performing work
on site shall be properly trained and qualified to perform the work they are expected to perform, and
have received the necessary certifications and other credentials necessary to perform the work, as
required.
(2) Safety Orientation — Professional shall ensure all of its employees and subcontractors on
site shall attend a safety orientation prior to the start of work. If any workers fail to attend the initial
safety orientation, Professional shall designate an employee (e.g., site superintendent) to provide the
orientation before those workers shall be allowed to start work. All safety orientations shall be
documented and maintained for inspection. Safety orientation is only required once unless otherwise
needed, or the Scope of Work changes.
(d) Warnings & Barricades. Professional shall furnish, erect and maintain warning notices, signs,
signals, lights, protective guards, enclosures, platforms and other devices as necessary to adequately protect
all personnel on site; including but not limited to employees, subcontractors, other professionals, CITY
workers and the public.
(e) Personal Protective Equipment (PPE) & Safety Equipment. Professional shall ensure all
contract employees and subcontractors are trained on and equipped with appropriate PPE and safety
equipment (i.e. lanyards, harnesses, monitoring equipment, rescue equipment, fire extinguishers, etc.).
(t) Periodic Inspections. Professional shall conduct regular health and safety inspections of the work
area(s) and work being performed. CITY, or its agent, reserves the right to inspect the work site(s) at any
time and without prior notice to Professional.
(g) Safety Communications
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(1) Safety meetings — Professional shall ensure that all hazards and protective measures
associated with the work being performed on site are properly communicated to all personnel on site.
Professional shall conduct regular health and safety meetings. A copy of the minutes of such
meetings shall be submitted to CITY, upon request. Professional is responsible for providing an
interpreter if necessary to ensure its communications are understood by all workers.
(2) Communications with CITY — The City's Designated Representative shall be the point of
communication for all safety and health issues arising under this Contract. Professional shall
communicate with the City's Designated Representative in the event of any of the following
conditions:
• Professional shall inform City's Designated Representative twenty-four (24) hours
prior to any activity that could adversely affect a business organization. Examples of these
"activities" include but are not limited to welding, painting, fire protection, system
maintenance/repair and any activity impacting emergency systems/egress routes. City's
Designated Representative will make all reasonable efforts to inform any parties potentially
impacted by the activities.
• Professional shall immediately inform the City's Designated Representative of all
federal, state and local safety inspections, citations and penalties associated with the work.
• Professional shall immediately notify the City's Designated Representative by
verbal, person to person communication, in the event of any incident that results in a death,
serious bodily injury or serious property damage related to any aspect of the project. Minor
incidents and near -misses must be promptly communicated to the Project Contact.
• Professional shall investigate all incidents resulting in personal injury or illness,
property damage, or near -misses to determine the root causes and shall take appropriate
action to eliminate such causes. A copy of the final investigation report shall be promptly
submitted to the Project Contact.
(3) Coordination with Other Officials — Professional is fully responsible for coordinating with
the proper authorities for moving heavy equipment, location of underground utilities, erecting
barricades, traffic control and other safety measures, unless otherwise specified.
(4) Communications with Media Restricted - In the event of an accident or other condition on
site, Professional shall not communicate with the media or any other entity without the expressed
consent of the CITY.
(h) SUSPENSION OF WORK AND LIMITATION OF LIABILITY. CITY RESERVES THE
RIGHT THROUGH THE CITY'S DESIGNATED REPRESENTATIVE TO SUSPEND ALL OR
ANY PORTION OF THE WORK BEING PERFORMED IN VIOLATION OF THESE
PROVISIONS. CITY SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING WITHOUT
LIMITATION NEGLIGENCE AND STRICT LIABILITY) WARRANTY OR UNDER ANY
OTHER LEGAL THEORY) FOR JUDGMENTS, DAMAGES, COSTS OR EXPENSES RELATED
TO ANY SUSPENSION OR STOPPAGE OF WORK, LOSS OF BUSINESS, OR OTHER SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH ANY
FAILURE ON THE PROFESSIONAL'S PART TO ESTABLISH, ENFORCE OR ADEQUATELY
MONITOR ITS HEALTH AND SAFETY PROGRAM.
(i) Preliminary Submittals. Within ten (10) days after the effective date of the Contract and no later
than the preconstruction conference, Professional shall submit to City's Designated Representative for
review:
(1) A letter designating onsite safety representative for general safety and specific activities;
and
(2) If applicable, a site safety plan to include plans for specific activities.
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(j) Other Requirements. Professional shall promptly settle rightful claims from counties,
municipalities or private parties for road damage caused by trucks or heavy equipment driven to and from the
job sites by third -party property by Professional, subcontractors or suppliers, or employees of any of them. If
Professional fails to settle such claims promptly, CITY shall have the right to settle the claims and withhold
the amount paid plus CITY's costs and expenses from Professional's payments under the Contract.
(k) Environmental. Professional is solely responsible for all costs incurred by CITY for any spills
or leaks caused by Professional or its subcontractors or consultants during performance of, or in
connection with the Services. Without limiting the foregoing sentence, Professional shall be responsible
for all costs incurred to contain, remediate and restore the site of the spill according to applicable state
and federal laws and regulations, and if on CITY s property, according to CITY's requirements.
CITY shall be responsible for all notifications required by federal, state or local law or regulation. The
CITY shall identify to Professional the site supervisor (if applicable) and facility environmental manager
(if applicable). Professional shall immediately notify the site supervisor, City's Designated
Representative and the facility environmental manager with the nature and location of the spill.
Professional shall provide a written report to CITY whose representative shall identify the substance,
quantity released, location of the spill and perform clean up and remediation activities. If the spill occurs
off the CITY's property, then the Professional shall also notify the CITY of any agencies notified and the
representatives of the agencies contacted. The report shall be a narrative that summarizes on -scene
activity and remediation efforts. If long-term remediation will be required, it shall be noted in the report.
The initial report shall be provided to CITY within 24 hours after the incident. Follow-up reports shall be
provided to CITY weekly until remediation efforts have been completed and the spill has been properly
remediated.
PROFESSIONAL SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY AND ALL
LIABILITIES, INCLUDING, BUT NOT LIMITED TO, REMEDIATION COSTS, FINES,
PENALTIES; COURT COSTS AND ATTORNEYS' FEES RESULTING FROM SPILLS,
RELEASES, IMPROPER HANDLING AND/OR DISPOSAL OF WASTES BY PROFESSIONAL,
ITS SUBCONTRACTORS AND/OR CONSULTANTS.
(1) Confined Space Entry. Professional will perform confined space entries in strict accordance with
OSHA 1910.146 Confined Space Standard. All Professional entries will be performed under the guidelines of
the contractor's confined space program, which should include but not be limited to, all required personnel
training, confined space monitoring and evaluation, entry tag system or any personnel protective equipment
required by confined space conditions. All entries will be coordinated with the City's Designated
Representative or System Operations Dispatcher to assure proper isolation and/or de -energizing of the
confined space is performed.
(m) Surplus Material. Unless otherwise directed through written instructions issued by CITY,
Professional shall promptly remove all excess surplus material from the job site. Final payment for
performance of the work shall not be due and payable until such materials are removed from the job site.
If surplus materials are not removed from the job site within thirty (30) days of completion of the work,
CITY may dispose of the materials and offset the cost associated with disposal against the unpaid balance
of the Contract price.
(n) Cleaning Jobsite. Professional shall clean the job site daily.
(o) Facility Equipment Clearance and Lock Out Procedures. Facility Equipment Clearance and
Lock Out Procedures shall be followed. Clearances shall be acquired by Professional and CITY personnel
when required prior to performing work on any equipment. Professional shall be responsible for
providing company locks. Professional's locks shall be clearly identified and shall have a tag for
employee to print name.
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ARTICLE 22. ASSIGNMENT
This Contract is to be considered a personal Services Contract. Professional may not assign this Contract
without the consent of CITY. Any permitted assignee must notify the CITY in writing that it accepts the
assignment on the same terms and conditions contained in this Contract. No permitted assignment shall limit
Professional's responsibility for performance of this Contract. Attempted assignment or delegation of this
Contract, including obligations under it, without the written consent of CITY shall be void, and not merely
voidable.
ARTICLE 23. OWNERSHIP OF DELIVERABLES
(a) The Parties agree that such items as plans, drawings, photographs, designs, studies, specifications,
data, computer programs, schedules, technical reports or other work products which are developed and
specified to be delivered under this Contract and which are paid for by CITY are considered instruments of
services in respect of the Contract, but are subject to the rights of the CITY under this Contract. These rights
include, but are not limited to the right to use, duplicate and disclose such items, in whole or in part, for the
purpose of completing, maintaining and operating any building, structure, plant, equipment or system that
may result from the performance of this Contract. If an item produced by Professional is copyrightable,
Professional may copyright it, subject however to the rights of the CITY under this Contract. CITY is
hereby granted and assigned a royalty free, non-exclusive, and irrevocable license to reproduce, publish,
modify and use such items and to authorize others to do so solely for CITY's business purposes.
Professional shall include in its subcontractor and consultant contracts, appropriate provisions to achieve the
purposes set out here.
(b) Intellectual property and rights to intellectual property owned by any Party on the date of this
Contract shall remain the property of that Party.
(c) PROFESSIONAL DOES NOT REPRESENT OR WARRANT THAT ANY
DELIVERABLES WILL BE SUITABLE FOR REUSE ON ANY OTHER PROJECT.
PROFESSIONAL DISCLAIMS LIABILITY FOR ANY REUSE OF THE DELIVERABLES ON
ANY OTHER PROJECT THAT IS DONE WITHOUT THE EXPLICIT, WRITTEN APPROVAL
OF THE PROFESSIONAL.
ARTICLE 24. TERMINATION FOR CONVENIENCE
(a) CITY shall have the right to terminate this Contract for its convenience at any time. After receipt
of the notice of termination, the Professional shall immediately proceed with the following obligations,
regardless of any delay in determining or adjusting any amounts due at that point in the Contract:
(1) Stop all ongoing Services;
(2) Place no further subcontracts or orders for materials or Services;
(3) Terminate all subcontracts;
(4) Cancel all materials and equipment orders, as applicable; and
(5) Take any action that is necessary to protect and preserve all property related to this
Contract that is in the possession of the Professional.
(b) In the event of a termination under paragraph (a) of this Article, CITY shall pay equitable
termination charges, including payment for portions of Services completed and materials purchased,
profit on completed portions, and out -of --pocket costs that have been reasonably incurred by Professional
as a result of terminating this Contract. CITY shall not be liable in connection with any termination under
this Article for special, incidental, consequential or punitive damages, or for loss of anticipated future
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Services, anticipated profits, administrative costs or overhead on anticipated Services, or other indirect
costs.
ARTICLE 25. TERMINATION FOR CAUSE
(a) The occurrence of any one or more of the following events will constitute an event of default:
(1) Professional's persistent failure to perform the Services in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficiently skilled workers,
suitable materials or equipment, or to adhere to project schedules as adjusted from time to
time pursuant by the Parties);
(2) Professional's disregard of applicable laws or regulations;
(3) Professional's disregard of the authority of CITY's Designated Representative;
(4) Professional's violation in any material way of any provisions of the Contract Documents;
(5) Failure of Professional to pay subcontractors and/or material suppliers; or
(6) Professional's violation of CITY's Ethics Ordinance (City Code of Ordinances Chapter
2.26) or any ethics policies that are applicable to City employees).
(b) If one or more of the events identified in paragraph (a) occur, CITY may terminate this Contract if
after giving Professional (and the surety, if any) seven (7) calendar days prior written notice, unless such
event of default shall have been cured.
(c) If this Contract has been so terminated by CITY, the termination will not affect any rights or
remedies of CITY against Professional or any surety then existing or which may thereafter accrue. No
retention or payment of moneys due Professional by CITY will release Professional from liability.
(d) In such a circumstance, CITY shall notify Professional in writing of the termination, with copies
of the notice to CrfY's jobsite personnel.
ARTICLE 26. SUSPENSION
(a) CITY may, at any time and at its sole option, suspend all or any portions of the Services to be
performed under this Contract by providing ten (10) calendar days written notice to the Professional.
Upon receipt of any such notice, Professional shall:
(1) Immediately discontinue the Services on the date and to the extent specified in the notice;
(2) Place no further orders or subcontracts for materials, Services or facilities with respect to
the suspended portion of the Services, other than to the extent necessary to protect any
portion of the Services already performed;
(3) Promptly make every reasonable effort to obtain suspension, upon terms satisfactory to
CITY, of all orders, subcontracts and rental agreements to the extent that they relate to
performance of the portion of Services suspended by the notice;
(4) Continue to protect and maintain the portion of the Services already completed, including
the portion of the Services suspended hereunder, unless otherwise specifically stated in
the notice; and
(5) Continue to perform Professional's obligations for the portions of the Services not
suspended.
(b) As full compensation for such suspension, Professional will be reimbursed for the following
costs, reasonably incurred, without duplication of any item, to the extent that such costs actually result
from such suspension of Services.
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(1) A reasonable standby charge to be negotiated between CITY and the Professional
sufficient to compensate Professional for keeping (to the extent required in the notice) its
organization and equipment committed to the Services in a standby status;
(2) All reasonable costs associated with demobilization of Professional's facility, forces and
equipment; and
(3) A reasonable amount to be negotiated between CITY and the Professional to reimburse
the Professional for the cost of maintaining and protecting that portion of the Services
upon which activities have been suspended.
(c) Upon receipt of notice to restart the suspended portion of the Services, Professional shall
immediately resume performance on the suspended portion of the Services to the extent required in the
notice. Within fourteen (14) calendar days after receipt of notice to restart the suspended portion of the
Services, the Professional shall submit a revised schedule for approval by CITY. If, as a result of any
suspension, the cost to Professional of subsequently performing the Services or the time required to do so
is changed, a claim for an adjustment in the Contract price may be made. Any claim on the part of
Professional for change in price or extension of time shall be made in accordance with this Contract.
ARTICLE 27. DISPUTE RESOLUTION
The Parties agree that in the event of a dispute concerning the perfonnance or non-performance of any
obligations flowing from or as a result of this Contract and prior to the initiation of any litigation, the
Parties will voluntarily submit the dispute to an agreed mediation center or mediator for mediation as
though it were referred through the operation of the Texas Alternative Dispute Resolution Procedures
Act, Title 7, Chapter 154, TEX. CIV. PRAC. & REM. ANN., (Vernon's 1986). No record, evidence,
statement or declaration resulting from or in connection with such alternate dispute resolution procedure
may be used in evidence in subsequent litigation except to demonstrate that this Article has been
complied with in good faith by a Party. Professional shall proceed diligently with performance of the
Contract, pending final resolution of any request for relief, claim, appeal, or action arising under
the Contract.
ARTICLE 28. NOTICES
All notices or other communications required under this Contract must be made in writing and sent either by
personal delivery, registered or certified mail (in each case with return receipt requested and postage prepaid),
nationally recognized overnight courier (with all fees prepaid), facsimile, or e-mail the other Party. Changes
to name or address for notice are not effective unless they are in writing and provided to the other party in the
same manner as other notices under this Contract. Notice is effective only sent using one of the methods
specified above and if actually received.
CITY:
City of Georgetown
Attn: Thomas R. Benz, P.E., Systems Engineering Manager
P.O. Box 409
Georgetown, TX 78626
Fax No.: 512-930-3559
E-Mail:tbenz@georgetowntx.org
Master Services Agreement - Engineering
Version 5.19.2008
PROFESSIONAL:
Klotz Associates, Inc.
Attn: Scott Dukette, P.E.
901 S MoPac Expressway, B -V, Ste 220
Austin, TX 78746
Fax No.: (512) 328-5774
E -Mail: scott.dukette@klotz.com
Page 14
with a copy to:
Marsha Iwers
P.O. Box 409
Georgetown, TX 78626
Fax No. 512-930-9027
E -Mail: mei@georgetowntx.org
ARTICLE 29. TITLES AND SECTION HEADINGS
The titles and section headings of this Contract are included for convenience only and shall not be deemed to
constitute a part of this Contract.
ARTICLE 30. INTERPRETATION AND RELIANCE
While this Contract form was initiated by CITY, Professional had the opportunity to take exception to and
seek clarification of it. Thus, this Contract is the product of negotiations between the Parties. No presumption
will apply in favor of any Party in the interpretation of this Contract or in resolution of any ambiguity of any
provision.
ARTICLE 31. FAILURE TO ACT
No action or failure to act by either Party shall be a waiver of a right or duty afforded under the Contract, nor
shall such action or failure to act constitute a breach of this Contract, except as specifically agreed to in
writing.
ARTICLE 32. CONTRACT NON-EXCLUSIVE
The Contract is not exclusive. Professional has the right to perform Services for others during the term of the
Contract, and CITY has the right to hire others to perform the same or similar tasks.
ARTICLE 33. THIRD PARTY BENEFICIARIES
There are no third party beneficiaries to this Contract and the provisions of this Contract shall not create any
legal or equitable right, remedy or claim enforceable by any person, firm or organization other than the
Parties and their permitted successors and permitted assigns.
ARTICLE 34. MITIGATION OF DAMAGES
In.0 cases the Party establishing or alleging a breach of contract or a right to be indemnified in accordance
with this Contract shall be under a duty to take all necessary measures to mitigate the loss which has
occurred, provided that it can do so without unreasonable inconvenience or cost.
ARTICLE 35. SEVERABILITY
This Contract is severable and if any one or more parts of it are found to be invalid, such invalidity shall
not affect the remainder of this Contract if it can be given effect without the invalid parts.
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ARTICLE 36. NON -COLLUSION: PROHIBITED FINANCIAL INTERESTS• PROHIBITED
POLITICAL INFLUENCES
Professional warrants that he/she/it has not employed or retained any company or persons, other than a
bona fide employee working solely for Professional, to solicit or secure this Contract, and that the/she/it
has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee,
gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract.
For breach or violation of this warranty, City reserves and shall have the right to annul this Contract
without liability or, in its discretion and at its sole election, to deduce from the contract price or
compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage
fee, gift or contingent fee.
Professional covenants and represents that Professional, his/her/its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of
any product, materials or equipment that will be recommended or required for the construction of the
project.
Professional hereby represents and warrants to City, with the intention that City rely on this
representation in entering this Contract, that no portion of any payment to Professional by City pursuant
to this Contract shall be: (i) used as a bribe, kickback, rebate, or illegal political contribution of the
purpose of obtaining political influence; or (ii) in violation of applicable regulations, tax laws or
regulations or other laws of any jurisdiction.
Professional hereby represents and warrants to City that Professional shall not perform any work or
services for a third party that is potentially or actually related to, connected to, a part of, or integral to the
work or services that it has performed is or is performing for the City under a Task Order. Professional
shall have the affirmative duty to bring all such conflicts or potential conflicts to the attention of the City,
and Professional agrees that the City shall be the sole judge as to whether a conflict or potential conflict
of interest with work for private parties or Developer work exists. If in the judgment of the City such a
conflict or potential conflict between City work and Developer work exists, then Professional agrees to
terminate all work under the affected Task Order(s) immediately and that it shall not be eligible for
payment for such services.
ARTICLE 37. INTEGRATION & CONTRACT MODIFICATION
This Contract, including its exhibits and Task Orders issued pursuant to it, contains the entire and
integrated agreement between Professional and CITY as to their subject matter and supersedes all prior
negotiations, correspondence, understandings, representations and agreements, written or oral, related to
it. In case of conflict between the terms and conditions of this Contract and those of any standard sales
forms presented by Professional or such forms appearing in or referenced by Professional's bid or
proposal, the terms and conditions of this Contract shall prevail. The terms and conditions of this
Contract can be modified only by a writing signed by an authorized representative of both Professional
and CITY.
ARTICLE 38. APPROVAL
Task Orders that exceed $15,000 (either initially or through a change order) must be approved by the City
Council before they become effective. Change orders to Task Orders or contracts must be approved by
the City Council if they exceed $15,000, either separately or in the aggregate. Change orders and Task
Orders must be executed by an authorized representative of each Party. The City may unilaterally adjust
the dollar amounts in this Article based on changes in state law or in Council approved purchasing and
contracting policies; notice of any such adjustments shall be provided to Professional.
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ARTICLE 39. SECURITY AT CITY JOB SITE
Professional shall provide a list of names of its and its subcontractor's employees to the CITY project
manager prior to commencing work at any CITY facility. The employee will only be allowed on any
CITY job site, if the employee is able to show photo identification and their name is on the list. Any
addition or deletion must be provided to the CITY project manager.
THE CITY OF GEORGETOWN, TEXAS:
By:
Name: George G. Garver
Title: Mayor
Date:
ATTEST:
Sandra D. Lee, City Secretary
APPROVED AS TO FORM:
Patricia E. Carls, City Attorney
Attachment A — Task Order
PROFESSIONAL: Klotz Associates, Inc.
01WA)II FA
Name: Scott Dukette
Title: Vice President
Date: 1p/a.7 0
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Council Meeting Date: July 22, 2008 Item No. M-C'�
AGENDA ITEM COVER SHEET
SUBJECT: Consideration and possible recommendation to approve Task Order No. 1 with
Klotz Associates, Inc., of Austin, to develop the Preliminary Route Alignment for the connection
over IH 35 from Northwest Boulevard in an amount of $ 21,000.00.
ITEM SUMMARY: The City has contracted with Klotz Associates, Inc., for professional
engineering services. Pursuant to the Master Services Agreement (MSA), Task Order No. 1
(attached) defines the scope of work, schedule, etc., for developing a Preliminary Route
Alignment for the bridge over IH 35 connecting Northwest Boulevard with the intersection of
FM 971 and Austin Avenue.
SPECIAL CONSIDERATIONS:
None
GTEC
PROJECT
FINANCIAL IMPACT:
Funds for this expenditure are budgeted in the Economic Development Projects Pool in FY
2007/2008 and FY 2008/2009:
Fund Cost Budget
400-9-0980-90-044 NW Blvd Bridge $ 21,000.00 $ 21,000.00
GTEC BOARD RECOMMENDATION:
GTEC recommended approval of Task Order No. 1 with Klotz Associates, Inc
unanimously.
STAFF RECOMMENDATION:
Staff recommends approval of Task Order No. 1 with Klotz Associates, Inc., of Austin, in
an amount of $ 21,000.00.
None.
ATTACHMENTS:
Task Order No. 1
Submitted By: Bill Dryden P. 9,
Transportation Engineer
Utility
E. T C
FEE SCHEDULE
PROJECT NAME: Northwest BNd. Extension from Washam Drive to FM 971
CONTRACT NUMBER: TASK ORDER # 1
PROFESSIONAL PROVIDER NAME: KLOTZ ASSOCIATES, INC
TASK DESCRIPTION
PRINCIPAL
PROJECT
MANAGER
SENIOR
ENGINEER
PROJECT
ENGINEER
GRADUATE
ENGINEER
CML
DESIGNER
CADD
TECH
CLERICAL
TOTAL
LABOR COSTS
NO OF
DWGS
MILEAGE (420 MI. Q $0.505 per mile)
420
$212.10
PLOTTING 90 @ $5.00 per plot toot)
90
$45000
PHOTO COPIES (81/2' x 11': 200 Q $0.15 pW copy)
200
$3000
DELIVERIES (2 Q 525.00 per delivery)
ROUTE i DESIGN STUDIES FC 110)
$50,00
Misc. - Phone, fax. PDF. elc.
1
$2290
SUBTOTAL DIRECT EXPENSES
$766.00
GRAND TOTAL I I I 1
$21,000.00
COLLECT AND REVIEW EXISTING INFORMATION
0
1
0
2
5
0
0
0
$1,025.00
WA
DOCUMENT EXISTING AND PROPOSED DEVELOPMENT
0
2
0
4
0
0
0
0
$950.00
WA
CONDUCT FIELD RECONNAISSANCE
0
4
0
4
0
0
0
0
$7,400.00
N/A
PREPARE PRELIMINARY COST ESTIMATES
0
2
0
2
4
0
0
0
$1.140.00
WA
CONCEPTUAL LAYOUTS FOR NW BLVD., IH -W FTG RD 8 FM 971
0
4
0
4
6
0
8
0
$2,820.00
N/A
FINALIZE PRELIMINARY LAYOUT AND TYPICAL SECTIONS
0
8
0
B
12
0
20
0
$5,520.00
N/A
DIRECT LABOR COSTS
1 $940.00
$3.375.00
1 $0.00
$1,350.00
$0.00
$0.00 1
5000
$350.00 1
36,015.00
HOUR SUBTOTALS
0
21
0
24
27
0
28
0
100
LABOR RATE PER HOUR
$235.00
$22500
$175.00
$150.00
$125.00
$110.00
$9000
$70.00
$6,015.00
DIRECT LABOR COSTS$0.00
N,72500
$0.00
$3,600.00
$3,375.00
$0.00
$2,52000
$0.00
$14,220.00
SUBTOTAL IFC 110)
$14,120.00
TASK DESCRIPTION
PRINCIPAL
PROJECT
MANAGER
SENIOR
ENGINEER
PROJECT
ENGINEER
GRADUATE
ENGINEER
CML 1
DESIGNER
CPDD
TECH
CLERICAL
TOTAL
LABOR HRS.
8 COSTS
NO OF
DWGS
MILEAGE (420 MI. Q $0.505 per mile)
420
$212.10
PLOTTING 90 @ $5.00 per plot toot)
90
$45000
PHOTO COPIES (81/2' x 11': 200 Q $0.15 pW copy)
200
$3000
DELIVERIES (2 Q 525.00 per delivery)
COORDINATION AND MEETINGS FC 164
$50,00
Misc. - Phone, fax. PDF. elc.
1
$2290
SUBTOTAL DIRECT EXPENSES
$766.00
GRAND TOTAL I I I 1
$21,000.00
COORDINATIONWEETINGS WITH GEORGETOWN (4 MEETINGS)
0
12
0
9
0
0
D
4
$2,960.00
N/A
COORDINATION/MEETINGS WITH T%DOT (1 MEETINGS)
0
3
0
0
0
0
0
1
$745.00
WA
PROJECT MANAGEMENT
4
12
0
0
0
0
0
6
$4,06000
WA
HOUR SUBTOTALS
4
15
0
9
0
0
0
5
33
LABOR RA TE PER HOUR
$23500
$22500
$175.00
$150.00
$125.00
$11000
$90.00
$70.00
DIRECT LABOR COSTS
1 $940.00
$3.375.00
1 $0.00
$1,350.00
$0.00
$0.00 1
5000
$350.00 1
36,015.00
SUBTOTAL (FC 164)
I
1
$6,015.00
PAGE 1 OF 1
DIRECT EXPENSES
MILEAGE (420 MI. Q $0.505 per mile)
420
$212.10
PLOTTING 90 @ $5.00 per plot toot)
90
$45000
PHOTO COPIES (81/2' x 11': 200 Q $0.15 pW copy)
200
$3000
DELIVERIES (2 Q 525.00 per delivery)
2
$50,00
Misc. - Phone, fax. PDF. elc.
1
$2290
SUBTOTAL DIRECT EXPENSES
$766.00
GRAND TOTAL I I I 1
$21,000.00
PAGE 1 OF 1
ATTACHMENT A
TASK ORDER 1
Mr. Tom Benz, P.E.
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
General Description of Services or Project: Conceptual schematic(s) for Northwest Boulevard
extension from west of IH -35 to Austin Avenue. Realignment of FM 971 to connect to NW Blvd. at
Austin Avenue. Extension of northbound IH 35 frontage road from Williams Drive to NW Blvd.
extension on east side of IH -35. NW Blvd. Project will be coordinated with the proposed Williams
Drive Gateway Plan.
City Provided Information or Work: The City shall provide the following services or perform
the following work (describe):
Provide aerial photogrammetry with one foot contours/dtm in electronic format.
Provide existing city information for known city utilities, proposed development/driveways or
streets, tax maps/lot information and existing/proposed Right -of -Way data.
Timely (15 business days) reviews and comments.
Provide (if available) City of Georgetown design Standards and specifications.
Any documents or information related to the Work/Services provided by the City to the
Professional, including, without limitation, engineering studies, maps, reports, filed data, notes,
plans, diagrams, sketches, or maps (the "Information") is and shall remain the property of the City,
and Professional shall have no ownership or other interest in same. The Professional shall deliver
to the City, if requested, a written itemized receipt for the Information, and shall be responsible for
its safe keeping and shall return it to the City, upon request, in as good condition as when received,
normal wear and tear excepted.
Master Services Agreement - Engineering Attachment A
Version 1.31.2008 Page 1
Scope of Work: (describe in detail using additional or separate sheets if necessary):
Collect and review existing information from City, including the Williams Drive Gateway Plan.
Document existing and proposed (provided by city) development.
Conduct field reconnaissance, including visible utilities.
Prepare 2 alternative alignments for NW Blvd. extension to cross Austin Avenue and connect to
FM 971.
Prepare a conceptual layout for the extension of northbound IH -35 frontage road from Williams
Drive to NW Blvd.
Finalize one conceptual schematic for NW Blvd., FM 971 and IH -35 frontage road.
Coordinate with TxDOT for conceptual schematics.
Attend up to five meetings total with City, TxDOT, GTEC or GTAB for coordination.
Project management and weekly (or less if requested) progress reports.
Deliverables:
Conceptual schematic for up to two alignment alternatives for City selection.
One final conceptual schematic, which will show visible utilities, aerial background, proposed
typical sections and ROW requirements.
Utilizing one foot contours, produce proposed cross sections, proposed retaining walls and
earthwork quantities for use in cost estimates below.
Probable cost of construction estimates for final conceptual schematic.
Attend up to five total meetings.
Provide weekly progress reports and monthly invoices estimated on percent complete.
Statement Regarding Non -Collusion; Prohibited Financial Interests; Prohibited Political
Influences: (Per Article 36 in the Master Service Agreement): Professional hereby represents
and warrants to City that Professional shall not perform any work or services for a third party
that is potentially or actually related to, connected to, a part of, or integral to the work or
services that it has performed is or is performing for the City under this Task Order.
Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to
the attention of the City, and Professional agrees that the City shall be the sole judge as to
whether a conflict or potential conflict of interest with work for private parties or Developer
work exists. If in the judgment of the City such a conflict or potential conflict between City
work and Developer work exists, then Professional agrees to terminate all work under the
affected Task Order(s) immediately and that it shall not be eligible for payment for such
services.
Master Services Agreement - Engineering Attachment A
Version 1.31.2008 Page 2
Compensation: (Pick one)
❑ Time and Materials with Amount Not to Exceed: -Services to be provided at rates shown on
Exhibit B in an amount not to exceed $ DOLLARS and
CENTS.
X Lump Sum: Services to be provided at rates shown on Exhibit B in an amount not to exceed
$ Twenty One Thousand ($21,000.00) DOLLARS and ZERO CENTS.
APPROVED:
CITY OF GEORGETOWN
0
Title: City Designated Representative
Phone:
Date:
Master Services Agreement - Engineering
Version 1.31.2008
PROFESSIONAL: KLOTZ ASSOCIATES, INC.
Name: Scott Dukette
Title: Professional Designated Representative
Address: 901 S MoPac Exprwy B V, Ste 220
Austin TX 78746
Phone: (512) 328-5771
Fax:—(512) 328-5774
E-Mail:scott.dukette@klotz.com
Attachment A
Page 3
Agenda Item Check List
&MUM
Financial Impact
Agenda Item: Proposed Northwest Boulevard Alignment Study
Agenda Item Subject: Consideration and possible recommendation to approve Task Order
No. 1 with Klotz Associates, Inc., of Austin, to develop the Preliminary
Route Alignment for the connection over IH 35 from Northwest
Boulevard in an amount of $ 21,000.00.
Is this a Capital Improvement O Yes 0 No
Project:
Council Date: 07/22/2008
link to Agenda database => p
Need Help?
Was it budgeted?
Is it within the approved budgeted amount?
If not, where is the money coming from?
G/L Account Number
Amount Going to Council
• Yes 0No
• Yes 0No
Economic Development Projects Pool in FY
2007/2008 and FY 2008/2009
$ 21,000.00
Is there something (budgeted) that won't get O Yes 0 No
done because you are spending these funds?
If so, please explain.
Will this have an impact on the next year's
budget?
If so, please explain.
Does this project have future revenue
impact?
0 Yes 0 No
Ther will be additional costs associated with Final
design and construction of this project
Yes 0 No
Year: Department:
If so, how?
Identify all on-going costs (i.e., insurance,
annual maintenance fees, licenses,
operational costs, etc...).
Estimated staff hours:
Cross -divisional impact: O Yes 0 No
If so, what division(s)?
Prepared by: Bill Dryden Date: 07/15/2008
You are an Administrator of the approval process
Approval Cycle Settings
Council Meeting Date: July 22, 2008
AGENDA ITEM COVER SHEET
Item No. -T- I
SUBJECT:
Discussion and possible action to renew the existing brush -grinding contract between
the City of Georgetown and Austin Wood Recycling (AWR) of Cedar Park, Texas, for routine
brush grinding services at the Collection Station.
ITEM SUMMARY:
At the June 27, 2007 Council meeting, Council approved a one-year contract with Austin
Wood Recycling. The bid and the contract with Austin Wood Recycling included an option to
renew for two (2) one-year extensions upon mutual agreement of both the vendor and the City.
The first year of this contract expired June 30, 2008 and staff is requesting approval to renew the
contract for the first additional one-year period with an option to renew for the last additional
one-year period. Austin Wood Recycling has been a satisfactory vendor and has agreed to
renew at the same cost. The terms and conditions of the contract remain the same.
The contract is for $1.57/cyd and any 08/09 expenses based on this agreement will be
approved per budget in the future.
SPECIAL CONSIDERATIONS:
None
GUS BOARD RECOMMENDATION:
This item was recommended by the GUS Board for Council approval at the July 15, 2008,
GUS Board meeting.
COMMENTS:
Staff recommends the extension of the existing contract.
ATTACHMENTS:
1. Letter of Agreement
Submitted By:
Environmental Services
0
AUSTIN -s 0
WOOD ;ZEC=YC-ING ®0
GKIN BU DIR PROGRAM
3875 E. WHITESTONE BLVD. CEDAR PARK,'IN 78613 PH: 512-259-7430 PAX: 512-259-6482
June 24, 2008
Rachel Osgood
Georgetown Utility Systems
Coordinator/Environmental Services
P.O. Box 409
Georgetown, TX 78627
512-930-8131 office
512-677-0748 cell
512-931-7713 fax
Ms. Osgood:
Please accept this letter as our intent to renew our current contract with the City of Georgetown for the period of one
additional year. Austin Wood Recycling / Austin Land Service agree to the same terms and conditions set forth in
the original contract.
At this time, I would like to thank you and the City of Georgetown for the opportunity to be a part of the City's
recycling program. We enjoy working with you and all of the city employees involved in this process.
Thank you,
Jerome Alder
Vice President
Austin Wood Recycling/Austin Land Service
Agenda Item Check List
rrt
Financial Impact
Agenda Item:
Agenda Item Subject: Discussion and possible recommendation to extend the existing
brush -grinding contract between the City of Georgetown and Austin
Wood Recycling (AWR) of Cedar Park, Texas for routine brush
grinding services at the Collection Station.
Is this a Capital Improvement O Yes 0 No
Project:
Council Date:
07/22/2008
link to Agenda database => Gil
Need Help?
Was it budgeted? 0 Yes O No
Is it within the approved budgeted amount? 0 Yes O No
If not, where is the money coming from?
G/L Account Number 630-5-0533-51-344
Amount Going to Council
Is there something (budgeted) that won't get O Yes 40 No
done because you are spending these funds?
If so, please explain.
Will this have an impact on the next year's O Yes 0 No
budget?
If so, please explain.
Does this project have future revenue O Yes 0 No
impact?
Year: Department:
If so, how?
Identify all on-going costs (i.e., insurance,
annual maintenance fees, licenses,
operational costs, etc...).
Estimated staff hours:
Cross -divisional impact: C' Yes 0 No
If so, what division(s)?
Prepared by: Rachel Osgood Date: 07/14/2008
Agenda Item Checklist. In Process
(Jim Lori Briggs
gkford (Chief an silty Manager ant 107/15/2008 12:46:55 PM 107/15/2008 12:46:55 PMI I -
Approval Cycle Settings
Council Meeting Date: July 22, 2008 Item No. (' d
AGENDA ITEM COVER SHEET
UB T:
Consideration and possible action to award a contract to Keystone Construction, Inc. of Austin, Texas for the
construction of the Leander Pump Station Expansion in the amount of $271,000.00.
ITEM SUMMARY:
The proposed project includes the addition of one 800 gpm pump and the replacement of the existing 150
gpm pump with an 800 gpm pump and related motor control changes. The improvements will provide additional
pumping capacity and improved fire flows to developments served by the 1178' pressure plane (increase from 1,350
gpm to 2,800 gpm.) This project is required as part of agreements with Parkside and Mayfield MUDS and Water Oak
development. Water Oak will be reimbursing the City for the cost of one of the 800 gpm pumps (approximately
$46k).
The cost for this project is higher than originally budgeted due to equipment cost increases and expansion of
scope to include the replacement of the 150 gpm pump with a 800 gpm pump to maximize fire flows and set up the
station for operation with an elevated storage tank.
The low bidder, Keystone Construction, Inc. is one of 6 bidders out of 7 plan holders. They have recently
completed plant construction projects in the central Texas area. Therefore, staff believes Keystone is qualified to
construct this project.
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT:
Funds for this expenditure are budgeted in the Water Capital Fund. The additional cost will be funded by
shifting some 2006 annexation related water projects from 2007/08 into 2008/09 where originally scheduled. The
resultant cash balance from current year appropriations will provide the necessary funds for the project:
Fund cost Budget
660-9-0580-90-112 Leander Pump Station Upgrade $271,000.00 $115,000.00
660-9-0580-90-120 2006 Annexation $172,000.00
GUS BOARD RECOMMENDATION:
This item was recommended by the GUS Board for Council approval at the July 15, 2008, GUS Board meeting.
The staff recommends awarding the contract for the construction of the Leander Pump Station Upgrade to
Keystone Construction, Inc. for $271,000.00.
ATTACHMENTS:
Engineers letter
Site Plan
Submitted By: Glenn W. Dishong, C tim Rigs
Water Services. Director Assistant
for Utility
12357-A 8iata Trace Parkway, Suit _
Austin, Texas 78727
tel: 512 3461100
tax: 512 345-1483
July 7, 2008
Mr. Tom Benz, P.E.
System Engineering Manager
Georgetown Utility System
City of Georgetown
300 Industrial Ave.
Georgetown, TX 78626
RECEIVED
JUL 0 92008
GEORGETOWN UTILITY
SYSTEMS
Subject: Leander Road Booster Pump Station Expansion
Project No. 2BD
Recommendation of Award
Dear Mr. Benz:
On July 3, 2008 at 10:00 am, bids were received for the Leander Road Booster Pump Station
Expansion project. Six bids were received. The Total Base Bid amounts for the bids are listed
below:
Keystone Construction, Inc. $271,000.00
Excel Construction Services, LLC $277,000.00
Hoover Construction Co., Inc. $280,702.00
Cunningham Constructor; & Associates, Inc. $306,800.00
Austin Engineering Co., Inc. $308,500.00
Electro Mechanical Services $309,429.00
The low bidder for the project is Keystone Construction, Inc. at $271,000.00.
Keystone has successfully completed CDM designed projects in the past and has recently
completed a CDM designed pump station expansion for the City of Round Rock. We believe
that Keystone has the experience and the capacity to complete the Leander Road Booster
Pump Station Expansion project within the time frame described in the contract. We
therefore recommend that the Leander Road Booster Pump Station Expansion contract be
awarded to Keystone in the amount of $271,000.00.
File: Rewmmenoatiw of Award to Keystone (07 07 2008)
consulting • engineering • construction • operations
Mr. Tom Benz, P.E.
July 7, 2008
Page 2
If you have any questions regarding this recommendation of award or the project in general,
please contact me.
Sincerely,
Allen D. Woelke P.E.
Vice President
Camp Dresser & McKee Inc.
xc: Glenn Dishong, City of Georgetown
Michael Hallmark, City of Georgetown
YACity of Georgetown\Leander Road Pump StationlComespondence\Recommendation of Award to Keystone (07 07 2008).doc
LEAN ER ROAD
BOOSTER PUMP STATION EXPANSION
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Agenda Item Check List
Agenda Item:
Agenda Item Subject:
Is this a Capital Improvement
Project:
Council Date:
Was it budgeted?
rr'
Financial Impact
Leander Pump Station Upgrade
Consideration and possible recommendation to award a contract to
Keystone Construction, Inc. of Austin, Texas for the construction of the
Leander Pump Station Expansion in the amount of $271,000.00.
• Yes No
07/22/2008
link to Agenda database => 46
Need Help?
Is it within the approved budgeted amount?
If not, where is the money coming from?
G/L Account Number
• Yes No
Yes • No
Additional funds will come from deferral of some
2006 annexation -related projects into 08/09
where originally scheduled. (Projects were
scheduled for 07/08 to levelize capital spending)
660-9-0580-90-112
Amount Going to Council $ 271,000.00
Is there something (budgeted) that won't get • Yes No
done because you are spending these funds?
If so, please explain.
Will this have an impact on the next year's
budget?
If so, please explain.
Does this project have future revenue
impact?
2006 Annexation -related projects will be moved
to 08/09 where originally scheduled
Yes • No
Yes • No
Year:
If so, how?
Identify all on-going costs (i.e., insurance,
annual maintenance fees, licenses,
operational costs, etc...).
Estimated staff hours:
Cross -divisional impact:
If so, what division(s)?
Department:
Increased electrical costs until Escalera Elevated
Storage tank is complete, resulting in reduced
electrical costs.
Yes • No
Prepared by: Glenn DishongDate: 07/10/2008
Item Checklist: In Process
pprovers itlessignetl lNotified eceivetl tatus Change;
Jim Briggs Assistant City Manager 07/10/2008 09:51:32 AM 07/10/2008 09:51:32 AM P711012008 11:24:34 AM 07/10/2008 11:2
Micki Rundell I Director of Finance and A 07/10/2008 11:24:56 AM 07/10/2008 11:24:56 AM
Approval Cycle Settings
Council Meeting Date: July 22, 2005 Item No. LL —�
AGENDA ITEM COVER SHEET
SUBIEc r:
Consideration and possible action to approve a Master Services Agreement with Kimley-Horn
and Associates, Inc., of Austin, Texas, for professional engineering services.
ITEM SUMMARY:
Council directed Staff to pursue developing a Road Impact Fee Program. Pursuant to that
direction, Staff developed and published a Request for Proposals and received Statements of
Qualifications (SOQ) from two firms, Duncan Associates, Inc., and Kinley-Horn and Associates,
Inc., both with offices in Austin. The SOQs were evaluated by a team consisting of representatives
from Finance, Planning, Purchasing, Transportation and Systems Engineering. After the reviewing
the qualifications statements and interviewing each firms, staff selected Kimley Hom and
Associates, Inc., as the best qualified firm.
Attached for your review and consideration is a Master Services Agreement (MSA) (attached)
with Kimley-Horn and Associates, Inc. The MSA contains the basic terms governing the
relationship between the City and the engineer. The MSA would have a term of one year,
renewable for up to four additional terms. During the contract term, the City could issue Task
Orders to the engineering firm for specific projects. The Task Orders would contain all of the
details that would be specific to a certain project – e.g., scope, schedule, cost, etc. Task Orders
would be approved by the authorized City representative(s) in accordance with the City's
purchasing policy – which currently requires that all professional services contracts for $15,000 or
greater be approved by the City Council.
Approval of the MSA is not a guarantee of work, but approval of the MSA allows for Task
Orders to be issued in an expeditious way that will allow for efficient project management.
SPECIAL CONSIDERATIONS:
None
GTAB BOARD RECOMMENDATION:
GTAB recommendation will be presented during the Council Meeting.
STAFF RECOMMENDATION:
Staff recommends entering into an MSA with Kinley-Horn and Associates, Inc.
IR.7T
ATTACHMENTS:
Master Services Agreement with Kimley-Horn and Associates, Inc.
Submitted By:
Bill Dryden P. l�/., — Jim
Transportation Engineer <
for Utility
PROFESSIONAL SERVICES CONTRACT
MASTER SERVICES AGREEMENT
ENGINEERING SERVICES
This is a Professional Services Contract ("Contract") between the City of Georgetown, Texas (the
"CITY") and Kimley-Horn and Associates. Inc.. ("Professional"), collectively referred to as the "Parties"
or individually as a "Party", made for and in consideration of the payment terms and performance
obligations herein described.
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Engineering Services Procurement Act" provides for procurement by municipalities of
services of professional engineers; and
WHEREAS, City and Professional desire to contract for such professional engineering services; and
WHEREAS, City and Professional wish to document their agreement concerning the requirements and
respective obligations of the parties;
NOW, THEREFORE, for and in consideration of the mutual promises contained herein and other
good and valuable consideration, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
ARTICLE 1. SERVICES TO BE PROVIDED
(a) Professional shall provide professional services (the "Services") to CITY under individual
assignments ("Task Order(s)") in the general format shown in Attachment A to the Agreement. The
Services that Professional may be requested to perform include professional engineering services such as
civil engineering site services, utility line design, drainage calculations and design, street design, and
related surveying, GIS mapping, investigations, studies, reports, reviews, designs, and consultations.
CITY will provide a written Task Order, including a written scope of work ("Scope of Work") describing
the particular tasks to be performed, to Professional for the particular task and a specific price or a
formula by which the price can be determined. No Services are authorized unless authorized
representatives of both Parties sign such a Task Order. This Contract does not guarantee a minimum
amount Professional will be paid or a minimum number of Task Orders.
(b) Notwithstanding anything to the contrary contained in this Contract, CITY and Professional agree
and acknowledge that CITY is entering into this Contract in reliance on Professional's special and unique
abilities with respect to performing the Services. Professional represents that there are no undisclosed
obligations, commitments or impediments of any kind that will or could taint, limit or prevent performance of
the Services.
(c) Changes in Services. CITY may request additional Services or changes in the Services as the
project progresses. If so, changes in the Scope of Work shall be initiated by a written change order
("Change Order") signed by an authorized representative of each Party. The Change Order shall describe
the Services to be added, changed or deleted and shall state the additional cost or cost reduction and
schedule changes, if any. Verbal Change Orders shall have no effect, except in cases of an emergency
threatening personal injury or property damage. The terms and conditions of this Contract may be
modified only by a written amendment signed by an authorized representative of each Party.
Master Services Agreement - Engineering
Version 1.31.2008 Page 1
(d) Effect of Expiration on Task Orders. Upon expiration or earlier termination of this Contract,
these terms and conditions shall continue in full force and effect with respect to any Task Order awarded
under this Contract that has not been completed or otherwise terminated.
ARTICLE 2. CONTRACT DOCUMENTS
(a) General Definition. In order of precedence, this Contract shall consist of the following
documents ("Contract Documents"):
(1) All written Change Orders executed after the effective date of this Contract by an
authorized representative of each Party;
(2) Each Task Order executed pursuant to this Contract by an authorized representative of
both Parties;
(3) The Scope of Work attached to each Task Order;
(4) This Contract; and
(5) Any other documents specifically identified as Contract Documents.
(b) Exclusion from Contract Documents. No terms and conditions submitted by Professional in
connection with any proposal or proposed Task Order that conflict with the terns and conditions
contained in this Contract will be considered part of the Contract Documents unless expressly accepted in
writing by the CITY.
ARTICLE 3. TERM
This Contract is for a one (1) year period, with an option to extend for four (4) consecutive one (1) year
periods, not to exceed a maximum of five (5) years. The primary term begins upon execution of this
Contract by an authorized representative of the CITY. This Contract will be deemed to extend beyond its
expiration or termination date with respect to any Task Order being performed under it at that time, unless
the Task Order is also terminated.
ARTICLE 4. SCHEDULE
Time shall be of the essence for performance under this Contract. Professional agrees to perform all
obligations and render the Services set forth in this Contract or any Task Order issued pursuant hereto in
accordance with any timelines included in the Scope of Work, except as the Parties may otherwise
mutually agree to in writing. If required by the Scope of Work, a specific Services progress schedule will
be developed for each individual task in compliance with the Scope of Work.
ARTICLE 5. PRICE
The price to be paid for Services under any Task Order shall be a not to exceed price as agreed in a particular
Task Order.
ARTICLE 6. PAYMENT
(a) Notwithstanding anything in this Contract to the contrary, all payments to be made by the CITY
hereunder are subject to Ch. 2251 of the Texas Government Code, popularly known as the Prompt
Payment Act. Payment in full for invoices shall be due within thirty (30) days from date the invoice is
received by CITY. Invoices paid more than thirty (30) days after the invoice is received are subject to a
late charge of 1% per month (12% APR) on the amount of the undisputed past due balance.
(b) Invoices for payment under this Contract shall be sent to:
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City of Georgetown
Attn: Accounts Payable
P.O. Box 409
Georgetown, Texas 78626
CITY's purchase order numbers shall be included prominently on each invoice. Payments may be based
on completion of the Services, fulfillment of milestones, progress payments or any other method that is
established in the agreed Task Order. In no event shall Professional invoice CITY more than once a
month.
(c) No invoice shall be considered complete or payable unless all documentation is submitted with
invoice supporting reimbursable and CITY approved expenses, such as time sheets, transportation,
lodging and meal expenses. Alcohol and entertainment expenses are not reimbursable.
ARTICLE 7. ACCEPTANCE OF THE SERVICES
When Professional can demonstrate that the Services are complete in accordance with the acceptance criteria
included in the Task Order and so notifies CITY, CITY shall review the Services for general compliance with
the Contract. If the Services appear to comply with the Contract requirements, and Professional has furnished
any required documentation, CITY shall notify Professional in writing of CITY's acceptance of the services
("Acceptance of the Services"). Acceptance of the Services shall not limit nor diminish Professional's
warranties and standards with respect to the Services.
ARTICLE 8. JOBSITE INSPECTION
If applicable to the Services and required by the CITY, Professional's representatives shall inspect the jobsite
and clearly understand the requirements and risks of the Services to be performed, the jobsite conditions,
traffic conditions, the proximity of high-voltage power lines, buried utilities, biological hazards and other
local conditions likely to affect Professional's performance before accepting any Task Order. Acceptance of
a Task Order shall constitute the Professional's certification that it has by inspection satisfied itself with
respect to all such local conditions and is willing to accept all risks they impose.
ARTICLE 9. INDEPENDENT CONTRACTOR
Professional shall perform in all respects as an independent contractor and not as an employee, partner, joint
venturer or agent of the CITY. The Services to be performed by Professional shall be subject to the
CITY's review, approval and acceptance as provided in the Contract Documents, but the detailed manner
and method of performance shall be under the control of Professional. The accuracy, completeness and
scheduling of the Services and the application of proper means and methods for performance of the
Services are entirely the responsibility of Professional. Professional shall be solely responsible for hiring,
supervising and paying its employees, subcontractors and suppliers. Professional shall be solely
responsible for payment of all (i) compensation, including any employment benefits, to its employees, (ii)
taxes, including withholding for federal income tax purposes, employment and unemployment taxes, and
(iii) such other expenses as may be owed to Professional's employees. However, because Professional's
Services may be associated in the minds of the public with CITY, Professional shall ensure that all Services
by its employees, subcontractors and agents are performed in an orderly, responsible and courteous manner.
Upon prior notification to and written approval of CITY, Professional may hire subcontractors to perform
Services hereunder. Professional shall be responsible to CITY for the performance of all such subcontractors.
The CITY reserves the right, in its sole discretion, to reject the employment by Professional of any
subcontractor to which CITY has a reasonable objection. Professional, however, shall not be required to
contract with any subcontractor to which it has a reasonable objection. CITY shall require any and all such
subcontractors to sign contracts with Professional that bind the subcontractors to perform their subcontracts in
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accordance with the applicable requirements of the Contract Documents. Upon the request of CITY,
Professional shall furnish CITY with copies of such subcontracts. In addition, Professional agrees that it is
Professional's responsibility to ensure that such subcontractors make all appropriate tax payments or tax
withholding in relation to subcontractor's employees providing Services to CITY through Professional under
this Contract. Professional represents that it and its subcontractors are fully trained to perform the tasks
required by this Contract and that they need no training by the CITY.
ARTICLE 10. DESIGNATED PROJECT REPRESENTATIVES
(a) City's Designated Representative. The City's Designated Representative for purposes of this
Contract shall be designated on each Task Order. The City's Designated Representative shall coordinate all
meetings and be authorized to act on City's behalf with respect to the Task Order. City or City's Designated
Representative shall participate in all meetings and render decisions in a timely manner pertaining to
documents submitted by Professional in order to avoid unreasonable delay in the orderly and sequential
progress of Services.
(b) Professional's Designated Representative. The Professional's Designated Representative for
purposes of this Contract shall be acceptable to the City and designated on each Task Order. The
Professional's Designated Representative shall participate in all meetings and be authorized to act on
Engineer's behalf with respect to the Task Order. Professional's Designated Representative shall render
decisions in a timely manner pertaining to documents submitted by City in order to avoid unreasonable delay
in the orderly and sequential progress of Services.
(c ) The Parties Designated Representatives shall serve as the primary contact person for issues related to
work under each Task Order.
(d) Changes to a Designated Representative shall be provided in writing by one party to the other. The
City retains the right at all times to approve or disapprove the Professional's Project Representative.
ARTICLE 11. LICENSES AND PERMITS
(a) Professional shall procure and maintain at its expense all licenses and permits necessary for it to
perform the Services.
(b) Professional shall ensure that its employees and subcontractors and their employees are all
properly licensed to perform their respective portions of the Services.
ARTICLE 12. GOVERNING LAWS. REGULATIONS & STANDARDS
(a) This Contract shall be governed, interpreted and enforced under the laws of the State of Texas,
without regard to its conflict of law principles. In the event of litigation between the Parties arising out of
this Contract issued under it, venue for such litigation shall be in a court of competent jurisdiction in
Williamson County, Texas.
(b) Professional, its employees, subcontractor's and agents, shall be aware of and shall comply with the
Charter of the City of Georgetown and all federal, state and local laws, ordinances, codes (including
applicable professional codes) and regulations applicable to the Services, any equipment to be fabricated and
delivered and for compliance with standards and codes of technical societies that have been adopted by law
or regulation or compliance with which is required to perform the Services. . If any of the Services fails to
comply with such laws, ordinances, codes and regulations, Professional shall bear any expense arising from
that failure, including the costs to bring the Services into compliance. Professional shall further obtain and
maintain all permits and licenses required, if any, for the performance of any Services required hereunder.
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ARTICLE 13. INTOXICANTS & DRUGS: EMPLOYEE CONDUCT
Professional shall not at any time allow personnel for whom it is responsible on the jobsite if they are under
the influence of any substance that may impair their performance. Professional shall promptly remove from
the jobsite any person who is or appears to be under the influence of any of these substances or is otherwise
unsafe or disorderly. Professional shall ensure that its employees, subcontractors and their employees avoid
excessive noise, exceeding speed limits or reckless driving, use of weapons or trespass on land not owned by
or under easement to CITY. If private property must be entered or crossed to perform the Services,
Professional shall obtain permission from the property owner before entering.
ARTICLE 14. RISK OF LOSS
(a) Professional shall bear the expense and risk of loss or damage to its work in progress, completed
work, materials, equipment and all other incidents of its Services prior to Acceptance of the Services.
Professional shall promptly replace or repair any loss or damage to its work at its own expense. In the event
of substantial loss or damage due to Force Majeure (see Article 20 for definition), the schedules shall be
equitably extended. Professional shall bear the expense of storage space for stored materials, whether on-site
or off-site, and shall bear the risk of loss or damage to all such materials. Professional shall take reasonable
precautions to protect its work from weather damage, burglary, pilferage, fire, theft and similar hazards.
(b) Professional shall bear the risk of loss or damage to its own equipment, tools, supplies and property
and those of its subcontractors and suppliers, regardless of the cause of loss or damage throughout the project.
ARTICLE 15. WARRANTIES AND STANDARDS
(a) Warranty of Title. Professional warrants the title to any goods it delivers to CITY incidental to the
performance of the Services and that said goods will be free and clear of all liens, mortgages, security
interests or other encumbrances.
(b) General Standard of Performance. Professional shall perform all Services in a professional
manner consistent with the usual and customary industry standards and to any higher standard required in the
Contract Documents. Professional shall correct, without delay and at its own expense, any portion of the
Services that does not meet the foregoing standard and that is discovered within one (1) year after Acceptance
of the Services by re -performing the defective portion of the Services to the required standard of
performance. Any repair, replacement or modification of the Services performed pursuant to the provisions of
this paragraph shall be supplied or repaired on the same terms and conditions as provided for herein for the
Services. In particular, a new correction period shall apply. Such new correction period shall expire twelve
(12) months from the date of such replacement, repair or modification.
(c) Intellectual Property Warranty. Professional warrants that the Services, including any
deliverables associated therewith, and the processes used in performing them shall not infringe on any valid
United States patent, United States copyright, trademark or trade secret.
(d) Business Standing Warranty. Professional warrants, represents and agrees that if (i) it is a
corporation or limited liability company, then it is a corporation duly organized, validly existing and in good
standing under the laws of the State of Texas, or a foreign corporation or limited liability company duly
authorized and in good standing to conduct business in the State of Texas, that it has all necessary corporate
power and has received all necessary corporate approvals to execute and deliver the Contract, and the
individual executing the Contract on behalf of Professional has been duly authorized to act for and bind
Professional; or (ii) if it is a partnership, limited partnership or limited liability partnership, then it has all
necessary partnership power and has secured all necessary approvals to execute and deliver this Contract and
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perform all its obligations hereunder; and the individual executing this Contract on behalf of Professional has
been duly authorized to act for and bind Professional.
ARTICLE 16. GENERAL INDEMNITY
(a) PROFESSIONAL SHALL HOLD THE CITY, ITS AFFILIATES, ITS BOARDS OF
DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM ALL CLAIMS,
DAMAGES, LOSSES AND EXPENSES (JOINTLY "CLAIMS'), INCLUDING REASONABLE
ATTORNEYS' FEES, ARISING OUT OF, OR RESULTING FROM OR ARISING UNDER THIS
CONTRACT, OR ANY CLAIMED DEFECT IN THE SERVICES, PROVIDED THAT ANY
SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS CAUSED, IN WHOLE OR IN PART, BY
THE NEGLIGENT OR GROSSLY NEGLIGENT ACT OR WILLFUL MISCONDUCT OF
PROFESSIONAL, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY IT, OR ANYONE
FOR WHOSE ACTS IT MAY BE LIABLE.
(b) IF THE PARTIES ARE CONCURRENTLY NEGLIGENT, EACH PARTY'S LIABILITY
SHALL BE LIMITED TO THAT PORTION OF NEGLIGENCE ATTRIBUTABLE TO IT AS
DETERMINED UNDER THE APPLICABLE PROPORTIONATE RESPONSIBILITY RULES
OF THE STATE OF TEXAS.
(c) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NEITHER PARTY
SHALL BE LIABLE TO INDEMNIFY THE OTHER FOR THE NEGLIGENCE, GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT OF THE OTHER.
(d) THE FOREGOING INDEMNITY PROVISIONS SHALL BE DEEMED INDEPENDENT
COVENANTS AND SHALL SURVIVE COMPLETION OF OR ANY TERMINATION OF THE
CONTRACT OR ANY CLAIMED BREACH THEREOF. PROFESSIONAL'S INDEMNITY
RESPONSIBILITY AS SPECIFIED IN THIS ARTICLE SHALL NOT INCLUDE SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
ARTICLE 17. INTELLECTUAL PROPERTY INDEMNITY
(a) PROFESSIONAL SHALL, AT ITS OWN EXPENSE, DEFEND ALL SUITS OR
PROCEEDINGS INSTITUTED AGAINST CITY, ITS AFFILIATES, ITS BOARDS OF
DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES BASED UPON ANY CLAIM THAT
THE SERVICES, OR ANY PART THEREOF, OR THE PROCESS PERFORMED THEREBY
CONSTITUTES AN INFRINGEMENT OF EITHER ANY PATENT OR COPYRIGHT OF THE
UNITED STATES OR OF ANY TRADEMARK OR TRADE SECRET PROTECTED BY
EITHER FEDERAL OR STATE LAW. PROFESSIONAL SHALL PAY ALL AWARDS OF
DAMAGES ASSESSED WHICH RESULT FROM ANY SUCH CLAIM, SUIT OR
PROCEEDING AND SHALL INDEMNIFY AND SAVE CITY HARMLESS AGAINST LOSSES,
EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), AND DAMAGES
RESULTING FROM ANY SUCH CLAIM, SUIT OR PROCEEDING, INCLUDING OBEDIENCE
TO RESULTING DECREES AND TO RESULTING COMPROMISES.
(b) IF, IN ANY SUCH SUIT, A RESTRAINING ORDER OR TEMPORARY INJUNCTION
IS GRANTED, PROFESSIONAL SHALL MAKE EVERY REASONABLE EFFORT, BY
GIVING A SATISFACTORY BOND OR OTHERWISE, TO SECURE THE SUSPENSION OF
ANY SUCH RESTRAINING ORDER OR TEMPORARY INJUNCTION. IF, IN ANY SUCH
SUIT, THE SERVICES OR ANY PART THEREOF OR THE PROCESS PERFORMED
THEREBY IS HELD TO CONSTITUTE AN INFRINGEMENT AND ITS USE BE
PERMANENTLY ENJOINED, PROFESSIONAL SHALL AT ONCE MAKE EVERY
REASONABLE EFFORT TO SECURE FOR CITY A LICENSE AT PROFESSIONAL'S
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EXPENSE AUTHORIZING THE CONTINUED USE OF THE ALLEGED INFRINGING
PORTION OF THE SERVICES. IF PROFESSIONAL IS UNABLE TO SECURE SUCH
LICENSE WITHIN A REASONABLE TIME, PROFESSIONAL SHALL, AT ITS OWN
EXPENSE AND WITHOUT IMPAIRING PERFORMANCE REQUIREMENTS, EITHER
PROVIDE NON -INFRINGING REPLACEMENTS OR MODIFY THE SERVICES TO
ELIMINATE THE INFRINGEMENT. IN ADDITION TO INDEMNIFYING AND SAVING CITY
HARMLESS, PROFESSIONAL SHALL REIMBURSE CITY FOR ANY COSTS INCURRED AS
A RESULT OF THE UNAVAILABILITY OF THE INFRINGING ITEM OR ITS NON -
INFRINGING REPLACEMENT.
ARTICLE 18. INDEMNITY PROCEDURES
Promptly after receipt by any entity entitled to indemnification of notice of the commencement or threatened
commencement of any civil, administrative or investigative action or proceeding involving a claim for which
the indemnitee seeks indemnification, it shall notify the indemnitor of such claim in writing. No failure to so
notify an indemnitor shall relieve the indemnitor of its obligations under this Contract except to the extent
that the indemnitor can demonstrate damages attributable to such failure. Within fifteen (15) days following
receipt of written notice from the indemnitee relating to any claim, but no later than ten (10) days before the
date on which any response to a complaint or summons is due, the indemnitor shall assume control of the
defense and settlement of that claim.
ARTICLE 19. INSURANCE
Professional shall obtain and maintain the insurance coverage specified below on an occurrence -basis and
shall provide to CITY a copy of the insurance policies listing the coverage before starting Services. THE
COVERAGE SHALL NOT BE CONSTRUED AS ESTABLISHING OR LIMITING
PROFESSIONAL'S LIABILITY UNDER THE INDEMNITY PROVISION. Professional for itself
and its insurers hereby waives subrogation against CITY, its affiliates, their Boards of Directors, directors,
officers, employees and agents. Professional's failure to maintain the required insurance coverage at any
time during the Contract period may be grounds for CITY to suspend the Contract and withhold payment
until insurance coverage is satisfactory. In addition to any other required information, all insurance policies
must contain the applicable purchase order number and project title. Failure to furnish or update (as
applicable) insurance policies that comply with CITY requirements may result in retraction of a contract
award, or suspension or termination for breach of contract.
The Professional's insurance coverage shall be primary insurance with respect to the City, its affiliates,
their boards of directors, officers, agents, employees and volunteers. Any insurance or self-insurance
maintained by the City, its affiliates, their boards of directors, officers, agents, employees and volunteers,
shall be considered in excess of the Professional's insurance and shall not contribute to it.
The Professional shall include all subcontractors as additional insureds under his policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
General Liability, Automobile Liability, and Professional Liability insurance shall be written by a carrier
with an A:VIII or better rating in accordance with the current Best Key Rating Guide.
Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted.
Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis
for property damage only.
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The City, its affiliates, their boards of directors, officers, agents and employees are to be added as
"Additional Insured" on all policies other than the Workers' Compensation and Professional Liability
policies. The coverage shall contain no special limitations on the scope of protection afforded to the City,
its officials, employees, or volunteers.
A Waiver of Subrogation in favor of the City of Georgetown with respect to Workers' Compensation
insurance must be included.
Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or
reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return
receipt requested, has been given to the City of Georgetown.
Type of Insurance
(a) Workers' Compensation
Coverage A -
Coverage B -
(b) General Liability
Bodily Injury
Bodily Injury
Property Damage
(c) Automobile Liability
Minimum Coverage
statutory
$ 250,000 employer's liability
$ 500,000 per person
$1,000,000 per occurrence
$1,000,000 per occurrence
(including owned or leased vehicles)
Bodily Injury $1,000,000 per occurrence
Property Damage $ 500,000 per occurrence
The automobile liability coverage shall apply to owned, non -owned, hired and leased vehicles.
(d) Professional Liability $2,000,000 per occurrence.
With approval of the City's Risk Manager, a Claims Made Policy may be accepted for Professional Liability
Insurance, provided that the deductible limit shall not exceed Twenty Five Thousand Dollars ($25,000).
(e) Copies of Policies. Before Services begin, a copy of the policies for all required insurance shall be
filed with the CITY Purchasing Agent.
(f) Other Insurance. Other or different insurance requirements shall be specified in a Task Order.
ARTICLE 20. FORCE MAJEURE
(a) The nonperformance or delayed performance by Professional or CITY of any obligation under
the Contract shall be excused if such nonperformance or delay is caused by an event beyond the control of
the affected Party ("Force Majeure"), except to the extent that Professional knew of or should reasonably
have been able to foresee such an event and failed to take reasonable measures to avoid the event. Items
beyond the control of the Parties include, but are not limited to: acts of war, acts of a public enemy, acts
of domestic or foreign terrorism, natural disasters, strikes, epidemics or quarantine restrictions, riot, or
sabotage and acts of civil or military authority having jurisdiction.
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(b) Upon occurrence of a Force Majeure event, the date for performance of the Services shall be
extended for a period equal to the time lost by reason of the delay, provided Professional or CITY has
taken reasonable steps to proceed with the performance of the Contract and has made written notification
of such delay and of any corrective action taken. Professional shall not be entitled to any increase in
compensation by reason of Force Majuere.
(c) The following delays shall not constitute excusable delays in performance by Professional and
shall not constitute a reason for extending the date for performance of the Services:
(1) Delays by subcontractors or by suppliers for reasons other than Force Majeure;
(2) Delays in approval of documentation because of inadequate performance or to unrealistic
approval schedules; or
(3) Delays caused by Professional's lack of sufficient personnel with the necessary skills.
ARTICLE 21. GENERAL SAFETY, ENVIRONMENTAL AND SITE OPERATIONS
(a) General. Professional, its employees and subcontractors shall perform all work required by this
Contract in a safe and healthy manner. During the course of the work, the Professional shall comply with and
enforce all laws, rules, regulations and industry practices applicable to worker safety and health.
(b) Scope of Health and Safety Requirements. Professional will manage all of Professional's
employees and subcontractors on site and will be accountable for their employees' and subcontractors'
performance with respect to health and safety.
(c) Mandatory Health and Safety Conditions.
(1) Training/Qualification - Professional, its employees and subcontractors performing work
on site shall be properly trained and qualified to perform the work they are expected to perform, and
have received the necessary certifications and other credentials necessary to perform the work, as
required.
(2) Safety Orientation — Professional shall ensure all of its employees and subcontractors on
site shall attend a safety orientation prior to the start of work. If any workers fail to attend the initial
safety orientation, Professional shall designate an employee (e.g., site superintendent) to provide the
orientation before those workers shall be allowed to start work. All safety orientations shall be
documented and maintained for inspection. Safety orientation is only required once unless otherwise
needed, or the Scope of Work changes.
(d) Warnings & Barricades. Professional shall furnish, erect and maintain warning notices, signs,
signals, lights, protective guards, enclosures, platforms and other devices as necessary to adequately protect
all personnel on site; including but not limited to employees, subcontractors, other professionals, CITY
workers and the public.
(e) Personal Protective Equipment (PPE) & Safety Equipment. Professional shall ensure all
contract employees and subcontractors are trained on and equipped with appropriate PPE and safety
equipment (i.e. lanyards, harnesses, monitoring equipment, rescue equipment, fire extinguishers, etc.).
(f) Periodic Inspections. Professional shall conduct regular health and safety inspections of the work
area(s) and work being performed. CITY, or its agent, reserves the right to inspect the work site(s) at any
time and without prior notice to Professional.
(g) Safety Communications
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(1) Safety meetings — Professional shall ensure that all hazards and protective measures
associated with the work being performed on site are properly communicated to all personnel on site.
Professional shall conduct regular health and safety meetings. A copy of the minutes of such
meetings shall be submitted to CITY, upon request. Professional is responsible for providing an
interpreter if necessary to ensure its communications are understood by all workers.
(2) Communications with CITY — The City's Designated Representative shall be the point of
communication for all safety and health issues arising under this Contract. Professional shall
communicate with the City's Designated Representative in the event of any of the following
conditions:
• Professional shall inform City's Designated Representative twenty-four (24) hours
prior to any activity that could adversely affect a business organization. Examples of these
"activities" include but are not limited to welding, painting, fire protection, system
maintenance/repair and any activity impacting emergency systems/egress routes. City's
Designated Representative will make all reasonable efforts to inform any parties potentially
impacted by the activities.
• Professional shall immediately inform the City's Designated Representative of all
federal, state and local safety inspections, citations and penalties associated with the work.
• Professional shall immediately notify the City's Designated Representative by
verbal, person to person communication, in the event of any incident that results in a death,
serious bodily injury or serious property damage related to any aspect of the project. Minor
incidents and near -misses must be promptly communicated to the Project Contact.
• Professional shall investigate all incidents resulting in personal injury or illness,
property damage, or near -misses to determine the root causes and shall take appropriate
action to eliminate such causes. A copy of the final investigation report shall be promptly
submitted to the Project Contact.
(3) Coordination with Other Officials — Professional is fully responsible for coordinating with
the proper authorities for moving heavy equipment, location of underground utilities, erecting
barricades, traffic control and other safety measures, unless otherwise specified.
(4) Communications with Media Restricted - In the event of an accident or other condition on
site, Professional shall not communicate with the media or any other entity without the expressed
consent of the CITY.
(h) SUSPENSION OF WORK AND LIMITATION OF LIABILITY. CITY RESERVES THE
RIGHT THROUGH THE CITY'S DESIGNATED REPRESENTATIVE TO SUSPEND ALL OR
ANY PORTION OF THE WORK BEING PERFORMED IN VIOLATION OF THESE
PROVISIONS. CITY SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING WITHOUT
LIMITATION NEGLIGENCE AND STRICT LIABILITY) WARRANTY OR UNDER ANY
OTHER LEGAL THEORY) FOR JUDGMENTS, DAMAGES, COSTS OR EXPENSES RELATED
TO ANY SUSPENSION OR STOPPAGE OF WORK, LOSS OF BUSINESS, OR OTHER SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH ANY
FAILURE ON THE PROFESSIONAL'S PART TO ESTABLISH, ENFORCE OR ADEQUATELY
MONITOR ITS HEALTH AND SAFETY PROGRAM.
(i) Preliminary Submittals. Within ten (10) days after the effective date of the Contract and no later
than the preconstruction conference, Professional shall submit to City's Designated Representative for
review:
(1) A letter designating onsite safety representative for general safety and specific activities;
and
(2) If applicable, a site safety plan to include plans for specific activities.
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Q) Other Requirements. Professional shall promptly settle rightful claims from counties,
municipalities or private parties for road damage caused by trucks or heavy equipment driven to and from the
job sites by third -party property by Professional, subcontractors or suppliers, or employees of any of them. If
Professional fails to settle such claims promptly, CITY shall have the right to settle the claims and withhold
the amount paid plus CITY's costs and expenses from Professional's payments under the Contract.
(k) Environmental. Professional is solely responsible for all costs incurred by CITY for any spills
or leaks caused by Professional or its subcontractors or consultants during performance of, or in
connection with the Services. Without limiting the foregoing sentence, Professional shall be responsible
for all costs incurred to contain, remediate and restore the site of the spill according to applicable state
and federal laws and regulations, and if on CITY's property, according to CITY's requirements.
CITY shall be responsible for all notifications required by federal, state or local law or regulation. The
CITY shall identify to Professional the site supervisor (if applicable) and facility environmental manager
(if applicable). Professional shall immediately notify the site supervisor, City's Designated
Representative and the facility environmental manager with the nature and location of the spill.
Professional shall provide a written report to CITY whose representative shall identify the substance,
quantity released, location of the spill and perform clean up and remediation activities. If the spill occurs
off the CITY's property, then the Professional shall also notify the CITY of any agencies notified and the
representatives of the agencies contacted. The report shall be a narrative that summarizes on -scene
activity and remediation efforts. If long -tern remediation will be required, it shall be noted in the report.
The initial report shall be provided to CITY within 24 hours after the incident. Follow-up reports shall be
provided to CITY weekly until remediation efforts have been completed and the spill has been properly
remediated.
PROFESSIONAL SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY AND ALL
LIABILITIES, INCLUDING, BUT NOT LIMITED TO, REMEDIATION COSTS, FINES,
PENALTIES, COURT COSTS AND ATTORNEYS' FEES RESULTING FROM SPILLS,
RELEASES, IMPROPER HANDLING AND/OR DISPOSAL OF WASTES BY PROFESSIONAL,
ITS SUBCONTRACTORS AND/OR CONSULTANTS.
(1) Confined Space Entry. Professional will perform confined space entries in strict accordance with
OSHA 1910.146 Confined Space Standard. All Professional entries will be performed under the guidelines of
the contractor's confined space program, which should include but not be limited to, all required personnel
training, confined space monitoring and evaluation, entry tag system or any personnel protective equipment
required by confined space conditions. All entries will be coordinated with the City's Designated
Representative or System Operations Dispatcher to assure proper isolation and/or de -energizing of the
confined space is performed.
(m) Surplus Material. Unless otherwise directed through written instructions issued by CITY,
Professional shall promptly remove all excess surplus material from the job site. Final payment for
performance of the work shall not be due and payable until such materials are removed from the job site.
If surplus materials are not removed from the job site within thirty (30) days of completion of the work,
CITY may dispose of the materials and offset the cost associated with disposal against the unpaid balance
of the Contract price.
(n) Cleaning Jobsite. Professional shall clean the job site daily.
(o) Facility Equipment Clearance and Lock Out Procedures. Facility Equipment Clearance and
Lock Out Procedures shall be followed. Clearances shall be acquired by Professional and CITY personnel
when required prior to performing work on any equipment. Professional shall be responsible for
providing company locks. Professional's locks shall be clearly identified and shall have a tag for
employee to print name.
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ARTICLE 22. ASSIGNMENT
This Contract is to be considered a personal Services Contract. Professional may not assign this Contract
without the consent of CITY. Any permitted assignee must notify the CITY in writing that it accepts the
assignment on the same terms and conditions contained in this Contract. No permitted assignment shall limit
Professional's responsibility for performance of this Contract. Attempted assignment or delegation of this
Contract, including obligations under it, without the written consent of CITY shall be void, and not merely
voidable.
ARTICLE 23. OWNERSHIP OF DELIVERABLES
(a) The Parties agree that such items as plans, drawings, photographs, designs, studies, specifications,
data, computer programs, schedules, technical reports or other work products which are developed and
specified to be delivered under this Contract and which are paid for by CITY are considered instruments of
services in respect of the Contract, but are subject to the rights of the CITY under this Contract. These rights
include, but are not limited to the right to use, duplicate and disclose such items, in whole or in part, for the
purpose of completing, maintaining and operating any building, structure, plant, equipment or system that
may result from the performance of this Contract. If an item produced by Professional is copyrightable,
Professional may copyright it, subject however to the rights of the CITY under this Contract. CITY is
hereby granted and assigned a royalty free, non-exclusive, and irrevocable license to reproduce, publish,
modify and use such items and to authorize others to do so solely for CITY's business purposes.
Professional shall include in its subcontractor and consultant contracts, appropriate provisions to achieve the
purposes set out here.
(b) Intellectual property and rights to intellectual property owned by any Party on the date of this
Contract shall remain the property of that Party.
(c) PROFESSIONAL DOES NOT REPRESENT OR WARRANT THAT ANY
DELIVERABLES WILL BE SUITABLE FOR REUSE ON ANY OTHER PROJECT.
PROFESSIONAL DISCLAIMS LIABILITY FOR ANY REUSE OF THE DELIVERABLES ON
ANY OTHER PROJECT THAT IS DONE WITHOUT THE EXPLICIT, WRITTEN APPROVAL
OF THE PROFESSIONAL.
ARTICLE 24. TERMINATION FOR CONVENIENCE
(a) CITY shall have the right to terminate this Contract for its convenience at any time. After receipt
of the notice of termination, the Professional shall immediately proceed with the following obligations,
regardless of any delay in determining or adjusting any amounts due at that point in the Contract:
(1) Stop all ongoing Services;
(2) Place no further subcontracts or orders for materials or Services;
(3) Terminate all subcontracts;
(4) Cancel all materials and equipment orders, as applicable; and
(5) Take any action that is necessary to protect and preserve all property related to this
Contract that is in the possession of the Professional.
(b) In the event of a termination under paragraph (a) of this Article, CITY shall pay equitable
termination charges, including payment for portions of Services completed and materials purchased,
profit on completed portions, and out-of-pocket costs that have been reasonably incurred by Professional
Master Services Agreement - Engineering
Version 1.31.2008 Page 12
as a result of terminating this Contract. CITY shall not be liable in connection with any termination under
this Article for special, incidental, consequential or punitive damages, or for loss of anticipated future
Services, anticipated profits, administrative costs or overhead on anticipated Services, or other indirect
costs.
ARTICLE 25. TERMINATION FOR CAUSE
(a) The occurrence of any one or more of the following events will constitute an event of default:
(1) Professional's persistent failure to perform the Services in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficiently skilled workers,
suitable materials or equipment, or to adhere to project schedules as adjusted from time to
time pursuant by the Parties);
(2) Professional's disregard of applicable laws or regulations;
(3) Professional's disregard of the authority of CITY's Designated Representative;
(4) Professional's violation in any material way of any provisions of the Contract Documents;
(5) Failure of Professional to pay subcontractors and/or material suppliers; or
(6) Professional's violation of CITY's Ethics Ordinance (City Code of Ordinances Chapter
2.26) or any ethics policies that are applicable to City employees).
(b) If one or more of the events identified in paragraph (a) occur, CITY may terminate this Contract if
after giving Professional (and the surety, if any) seven (7) calendar days prior written notice, unless such
event of default shall have been cured.
(c) If this Contract has been so terminated by CITY, the termination will not affect any rights or
remedies of CITY against Professional or any surety then existing or which may thereafter accrue. No
retention or payment of moneys due Professional by CITY will release Professional from liability.
(d) In such a circumstance, CITY shall notify Professional in writing of the termination, with copies
of the notice to CITY's jobsite personnel.
ARTICLE 26. SUSPENSION
(a) CITY may, at any time and at its sole option, suspend all or any portions of the Services to be
performed under this Contract by providing ten (10) calendar days written notice to the Professional.
Upon receipt of any such notice, Professional shall:
(1) Immediately discontinue the Services on the date and to the extent specified in the notice;
(2) Place no further orders or subcontracts for materials, Services or facilities with respect to
the suspended portion of the Services, other than to the extent necessary to protect any
portion of the Services already performed;
(3) Promptly make every reasonable effort to obtain suspension, upon terms satisfactory to
CITY, of all orders, subcontracts and rental agreements to the extent that they relate to
performance of the portion of Services suspended by the notice;
(4) Continue to protect and maintain the portion of the Services already completed, including
the portion of the Services suspended hereunder, unless otherwise specifically stated in
the notice; and
(5) Continue to perform Professional's obligations for the portions of the Services not
suspended.
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Version 1.31.2008 Page 13
(b) As full compensation for such suspension, Professional will be reimbursed for the following
costs, reasonably incurred, without duplication of any item, to the extent that such costs actually result
from such suspension of Services.
(1) A reasonable standby charge to be negotiated between CITY and the Professional
sufficient to compensate Professional for keeping (to the extent required in the notice) its
organization and equipment committed to the Services in a standby status;
(2) All reasonable costs associated with demobilization of Professional's facility, forces and
equipment; and
(3) A reasonable amount to be negotiated between CITY and the Professional to reimburse
the Professional for the cost of maintaining and protecting that portion of the Services
upon which activities have been suspended.
(c) Upon receipt of notice to restart the suspended portion of the Services, Professional shall
immediately resume performance on the suspended portion of the Services to the extent required in the
notice. Within fourteen (14) calendar days after receipt of notice to restart the suspended portion of the
Services, the Professional shall submit a revised schedule for approval by CITY. If, as a result of any
suspension, the cost to Professional of subsequently performing the Services or the time required to do so
is changed, a claim for an adjustment in the Contract price may be made. Any claim on the part of
Professional for change in price or extension of time shall he made in accordance with this Contract.
ARTICLE 27. DISPUTE RESOLUTION
The Parties agree that in the event of a dispute concerning the performance or non-performance of any
obligations flowing from or as a result of this Contract and prior to the initiation of any litigation, the
Parties will voluntarily submit the dispute to an agreed mediation center or mediator for mediation as
though it were referred through the operation of the Texas Alternative Dispute Resolution Procedures
Act, Title 7, Chapter 154, TEX. CIV. PRAC. & REM. ANN., (Vernon's 1986). No record, evidence,
statement or declaration resulting from or in connection with such alternate dispute resolution procedure
may be used in evidence in subsequent litigation except to demonstrate that this Article has been
complied with in good faith by a Party. Professional shall proceed diligently with performance of the
Contract, pending final resolution of any request for relief, claim, appeal, or action arising under
the Contract.
ARTICLE 28. NOTICES
All notices or other communications required under this Contract must be made in writing and sent either by
personal delivery, registered or certified mail (in each case with return receipt requested and postage prepaid),
nationally recognized overnight courier (with all fees prepaid), facsimile, or e-mail the other Party. Changes
to name or address for notice are not effective unless they are in writing and provided to the other party in the
same manner as other notices under this Contract. Notice is effective only sent using one of the method
specified above and if actually received
Master Services Agreement - Engineering
Version 1.31.2008 Page 14
CITY:
City of Georgetown
Attn: Thomas R. Benz, P.E., Systems Engineering Manager
P.O. Box 409
Georgetown, TX 78626
Fax No.: 512-930-3559
E-Mail:tbenz@georgetowntx.org
with a copy to:
Marsha Iwers
P.O. Box 409
Georgetown, TX 78626
Fax No. 512-930-9027
E -Mail:
ARTICLE 29. TITLES AND SECTION HEADINGS
E -Mail:
PROFESSIONAL:
Kimley-Horn and Associates, Inc.
Attn: Brian Van De Walle, P.E, PTOE
10415 Morado Circle, Bldg. I, Suite 300
Austin, TX 78759-5696
Fax No.: 512418-1791
brian.vandewalle@kimley-hom.com
The titles and section headings of this Contract are included for convenience only and shall not be deemed to
constitute a part of this Contract.
ARTICLE 30. INTERPRETATION AND RELIANCE
While this Contract form was initiated by CITY, Professional had the opportunity to take exception to and
seek clarification of it. Thus, this Contract is the product of negotiations between the Parties. No presumption
will apply in favor of any Party in the interpretation of this Contract or in resolution of any ambiguity of any
provision.
ARTICLE 31. FAILURE TO ACT
No action or failure to act by either Party shall be a waiver of a right or duty afforded under the Contract, nor
shall such action or failure to act constitute a breach of this Contract, except as specifically agreed to in
writing.
ARTICLE 32. CONTRACT NON-EXCLUSIVE
The Contract is not exclusive. Professional has the right to perform Services for others during the term of the
Contract, and CITY has the right to hire others to perform the same or similar tasks.
ARTICLE 33. THIRD PARTY BENEFICIARIES
There are no third party beneficiaries to this Contract and the provisions of this Contract shall not create any
legal or equitable right, remedy or claim enforceable by any person, firm or organization other than the
Parties and their permitted successors and permitted assigns.
ARTICLE 34. MITIGATION OF DAMAGES
In all cases the Party establishing or alleging a breach of contract or a right to be indemnified in accordance
with this Contract shall be under a duty to take all necessary measures to mitigate the loss which has
occurred, provided that it can do so without unreasonable inconvenience or cost.
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ARTICLE 35. SEVERABILITY
This Contract is severable and if any one or more parts of it are found to be invalid, such invalidity shall
not affect the remainder of this Contract if it can be given effect without the invalid parts.
ARTICLE 36. NON -COLLUSION; PROHIBITED FINANCIAL INTERESTS; PROHIBITED
POLITICAL INFLUENCES
Professional warrants that he/she/it has not employed or retained any company or persons, other than a
bona fide employee working solely for Professional, to solicit or secure this Contract, and that the/she/it
has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee,
gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract.
For breach or violation of this warranty, City reserves and shall have the right to annul this Contract
without liability or, in its discretion and at its sole election, to deduce from the contract price or
compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage
fee, gift or contingent fee.
Professional covenants and represents that Professional, his/her/its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of
any product, materials or equipment that will be recommended or required for the construction of the
project.
Professional hereby represents and warrants to City, with the intention that City rely on this
representation in entering this Contract, that no portion of any payment to Professional by City pursuant
to this Contract shall be: (i) used as a bribe, kickback, rebate, or illegal political contribution of the
purpose of obtaining political influence; or (ii) in violation of applicable regulations, tax laws or
regulations or other laws of any jurisdiction.
Professional hereby represents and warrants to City that Professional shall not perform any work or
services for a third party that is potentially or actually related to, connected to, a part of, or integral to the
work or services that it has performed is or is performing for the City under a Task Order. Professional
shall have the affirmative duty to bring all such conflicts or potential conflicts to the attention of the City,
and Professional agrees that the City shall be the sole judge as to whether a conflict or potential conflict
of interest with work for private parties or Developer work exists. If in the judgment of the City such a
conflict or potential conflict between City work and Developer work exists, then Professional agrees to
terminate all work under the affected Task Order(s) immediately and that it shall not be eligible for
payment for such services.
ARTICLE 37. INTEGRATION & CONTRACT MODIFICATION
This Contract, including its exhibits and Task Orders issued pursuant to it, contains the entire and
integrated agreement between Professional and CITY as to their subject matter and supersedes all prior
negotiations, correspondence, understandings, representations and agreements, written or oral, related to
it. In case of conflict between the terms and conditions of this Contract and those of any standard sales
forms presented by Professional or such forms appearing in or referenced by Professional's bid or
proposal, the terms and conditions of this Contract shall prevail. The terns and conditions of this
Contract can be modified only by a writing signed by an authorized representative of both Professional
and CITY.
ARTICLE 38. APPROVAL
Task Orders that exceed $15,000 (either initially or through a change order) must be approved by the City
Council before they become effective. Change orders to Task Orders or contracts must be approved by
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Version 1.31.2008 Page 16
the City Council if they exceed $15,000, either separately or in the aggregate. Change orders and Task
Orders must be executed by an authorized representative of each Party. The City may unilaterally adjust
the dollar amounts in this Article based on changes in state law or in Council approved purchasing and
contracting policies; notice of any such adjustments shall be provided to Professional.
ARTICLE 39. SECURITY AT CITY JOB SITE
Professional shall provide a list of names of its and its subcontractor's employees to the CITY project
manager prior to commencing work at any CITY facility. The employee will only be allowed on any
CITY job site, if the employee is able to show photo identification and their name is on the list. Any
addition or deletion must be provided to the CITY project manager.
THE CITY OF GEORGETOWN, TEXAS:
By:
Name: Gary Nelon
Title: Mayor
Date:
ATTEST:
Sandra D. Lee, City Secretary
APPROVED AS TO FORM:
Patricia E. Carls, City Attorney
HIMLEY-HORN AND ASSOCIATES, INC.:
Name: Thomas L. Whalen
Title: Vice President
Date: --7- 7- 09
Master Services Agreement - Engineering
Version 1.31.2008 Page 17
Council Meeting Date: July 22, 2008 Item No. U - ` —
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to approve of Task Order No. 1 with Kimley-Horn and
Associates, Inc. (KHA), of Austin, Texas, pursuant to the terms of the Master Services
Agreement, for professional services related to the development of a Road Impact Fee Program
for an amount of $114,500.00.
ITEM SUMMARY:
The City has contracted with KHA for professional engineering services. Pursuant to the
Master Services Agreement (MSA), Task Order No. 1 (attached) defines the scope of work,
schedule, etc., for developing the Road Impact Fee Program. The four defined tasks for this
Project are as follows: Task 1 — Land Use Assumptions, Task 2 — Roadway Impact Fee Analysis,
Task 3 — Public Hearings and Approval and Task 4 — Rough Proportionality Policy
Development.
SPECIAL CONSIDERATIONS:
None
FINANCIAL IMPACT:
Funds for this expenditure are budgeted in the Street CII':
Fund Cost Budget
100-5-0846-52-808 Road Impact Fee Program $114,500.00 $150,000.00
BOARD RECOMMENDATION:
GTAB recommendation will be distributed during the Council Meeting.
STAFF RECOMMENDATION:
Staff recommends approval of Task Order No. 1 with Kimley-Horn and Associates, Inc.,
in the amount of $114,500.00.
None.
ATTACHMENTS:
Task Order No. 1
Project Schedule
Submitted By:
bill Dryden P. H.,
Transportation Engineer
for Utility Operations
ROAD IMPACT FEE PROGRAM
TASK ORDER No. 1
July 22, 2008
Mr. Bill Dryden, P.E.
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
Description of Services: Professional shall develop a Roadway Impact Fee Program for the City of
Georgetown.
City Provided Information or Work: The CITY shall provide the following services or perform the
following work:
The information provided by the CITY is summarized in the scope of work listed below. This includes
assisting with data collection, the development of the Land Use Assumptions, identification of
historical costs for the development of the Capital Improvements Plan for Roadway Impact Fees, and
assistance with calculating the roadway impact fee credit, as required by Chapter 395.014a(7) of the
Texas Local Government Code.
Any documents or information related to the Work/Services provided by the CITY to the Professional,
including, without limitation, engineering studies, maps, reports, filed data, notes, plans, diagrams,
sketches, or maps (the "Information') is and shall remain the property of the CITY, and Professional
shall have no ownership or other interest in same. The Professional shall deliver to the CITY, if
requested, a written itemized receipt for the Information, and shall be responsible for its safe keeping
and shall return it to the CITY, upon request, in as good condition as when received, normal wear and
tear excepted. The Professional will be entitled to rely on the completeness and accuracy of the
Information provided by the CITY.
Scope of Work -
Project Understanding
The Professional understands the goal of this project is to lead in the development and implementation
of a Roadway Impact Fee policy for the CITY. This scope of services will provide the CITY with the
technical analysis required by Chapter 395 of the Texas Local Government Code to determine the
maximum assessable roadway impact fee that may be assessed. In addition, the professional will
provide the CITY with assistance with the various presentations required during the public hearing
and adoption process. To conduct the analysis, the professional will utilize the Future Land Use Plan
and Master Thoroughfare Plan as currently adopted by the CITY.
Any analysis related to amending the CITY's Future Land Use Plan, Master Thoroughfare Plan or a
change to the roadway impact fee study resulting from an amendment to the Future Land Use Plan or
July 22, 2008 Page I of 14 RIF - Task Order No I (07-22-2008).doc
Master Thoroughfare Plan following a notice from the CITY to use one or both of these documents, will
be considered additional services.
Scope of Services: The Professional's undertaking to perform professional services extends only to the
services specifically described in this Task Order. In performing its services, the Professional will use
that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members
of its profession in the same locality at the time the services are provided.
Task 1— Land Use Assumptions
The Professional will prepare the Land Use Assumptions for Roadway Impact Fees in conformance
with Chapter 395 of the Local Government Code and shall include the following:
A. Data Collection. The Professional will coordinate with the CITY to obtain the following data:
• CITY Contacts — The CITY shall provide the organization structure and contact information
for the applicable CITY staff involved with the land use assumptions.
• Comprehensive Master Plans — The CITY shall identify and provide the CITY's most recent
comprehensive master plans.
• Building Permit History — The CITY shall provide the Professional with available building
permit history (both residential and non-residential) for the previous ten (10) years.
• Currently adopted Land Use Assumptions for Water and Wastewater Impact Fees assessed
by the CITY.
• Maps — The CITY shall provide the Professional with available AutoCAD v2004 or GIS
shapefiles, associated databases, and layer files in ESRI ArcGIS 9.x format. All data shall be
projected in NAD 83 State Plane, Central Texas Zone coordinates. Data should include:
• Current Zoning Map;
• Future Land Use Plan Map;
• CITY Limits and ETJ Map; and
• Most recent digital orthophotograph (DOQ) of the CITY.
B. Service Area Boundaries. The Professional will meet with the CITY to develop the roadway
impact fee service area boundaries within the existing CITY limits consistent with the six (6) mile
limit required by law. The Professional anticipates five (5) or six (6) service areas will be required
for roadway impact fees.
C. Existing Land Use Assumptions. The Professional will prepare the existing land use information
in a format suitable for use in the roadway impact fee policy development. The information will
be presented in tabular form by roadway service area. For each service area, population (persons
and number of dwelling units) and employment (amount of square footage of basic, service, and
retail land uses) will be summarized. The existing land use assumptions will be completed for
the year 2008 (or 2009, if applicable).
D. Build out Land Use Assumptions. The Professional will develop the build out demographics
(population and employment) within the existing CITY limits in tabular format for each roadway
service area. The development of these demographics will be an interactive process between The
July 22, 2008 Page 2 of 14 RIF - Task Order No 1 (07.22-2008).doe
Professional and the CITY. Two (2) meetings will be held with the CITY during this task. The
first meeting will be to review anticipated densities of development throughout the CITY, while
the second will be to review the demographics developed by the Professional. The Professional
will use the future land use data collected in Task 1.A. to determine future land uses in
undeveloped areas within the existing CITY limits.
E. Ten -Year Land Use Assumptions. Chapter 395 of the Texas Local Government Code states that
impact fees may only be used to pay for items included in the Impact Fee capital improvements
plan and attributable to new service units projected over a period of time not to exceed ten (10)
years. Based on guidance from the CITY regarding projected development patterns and growth
rates, the Professional will develop the Ten -Year Land Use Assumptions for the 2008 — 2018 (or
2009-2019, as appropriate) planning window.
The Professional will conduct one (1) meeting with the CITY to receive the projections for
anticipated percentage of residential and non-residential land uses within each service area to be
developed within the next ten years. Based upon the data collected in Task 1.D, the percentage of
the projected build out can be utilized to assist in this task. Using the information collected
during this meeting, the Professional will complete the demographic table for each roadway
service area.
F. Documentation. The Professional will incorporate the service area boundaries and Land Use
Assumptions information into the Roadway Impact Fee report. No additional documentation
will be produced by the Professional summarizing the land use assumptions.
G. Meetings. The Professional will prepare for and attend up to two (2) meetings (in addition to
those identified in the scope above) with CITY staff to discuss and review the proposed Service
Area boundaries and Land Use Assumptions.
Task 2 — Roadway Impact Fee Analysis
The Professional will prepare the roadway impact fee analysis in conformance with Chapter 395 of the
Local Government Code and shall include the following:
A. Data Collection. The Professional will coordinate with the CITY to obtain the following data:
• CITY contacts — CITY shall provide the organization structure and contact information for
the applicable CITY staff involved with the completion of the roadway capacity analysis and
roadway impact fee Capital Improvements Plan (CII').
• Master Thoroughfare Plan — The CITY shall provide the Professional the most recent
thoroughfare plan adopted by the CITY in AutoCAD or GIS format. The Professional will
utilize the master thoroughfare plan as is currently adopted.
• Traffic Counts — The CITY shall provide any available data (current and historical) for all
roadway segments on the current Master Thoroughfare Plan. The Professional will obtain
recently completed traffic counts for state highway facilities from TxDOT. The Professional
will collect new PM peak hour traffic count data at up to twenty (20) locations within the
CITY for use in the roadway impact fee analysis.
July 22, 2008 Page 3 of 14 RIF - Task Order No I (07.22-2008).doc
• Historical Project Costing Information - The CITY shall provide the Professional with
available data on the actual CITY costs for previously completed arterial roadway
improvement projects to assist in the development of planning level project costs for future
projects and to include any project costs for previously completed projects with excess
capacity available to serve future growth.
B. Ten -Year Growth Projections and CapacityAnalysis.
• In consultation with CITY staff, the Professional will determine land use categories to be
included in the land use vehicle -mile equivalency table.
• The Professional will identify the service units for new development and the average trip
length. Using the 78, Edition of the Institute of Transportation Engineer's (ITE) Trip
Generation Manual. the Professional will incorporate trip generation and pass -by trip rates.
• The Professional will perform an analysis of existing conditions. This will include a
determination of roadway capacities, volumes, vehicle -miles of supply, vehicle -miles of
demand, existing excess capacity, and existing deficiencies.
• The Professional will project traffic conditions for the ten-year planning period, the target
year for the impact fee growth projections. This will include growth and new demand by
service area. The Professional will determine the capacity available for new growth.
C. Roadway Impact Fee Capital Improvements Plan. The Professional will assist the CITY in
developing a Roadway Impact Fee Capital Improvements Plan (CII') which will include cost
projections for anticipated projects to be included in the study. The Roadway Impact Fee Capital
Improvements Plan will include existing oversized facilities and proposed facilities designed to
serve future development. The Roadway Impact Fee Capital Improvements Plan shall include a
general description of the project and a project cost projection. Planning level cost projections for
future projects will be prepared based on discussion with local roadway construction contractors,
CITY staff and the professional's previous experience with roadway construction costs. The CITY
shall provide the professional with actual CITY cost information for previously completed
projects with excess capacity and any cost contribution to County, State, Federal or developer
constructed projects.
Due to the variety of unknowns associated with roadway project costs projections (ROW
acquisition, utility relocations, etc.), the planning level project cost projections utilized in the
roadway impact fee analysis should not be used for any future capital improvement planning
within the CITY.
The professional will identify the portion of projected improvements required to serve existing
demand and the portion of project improvements required to serve new development within the
10 -year planning period.
D. Maximum Assessable Roadway Impact Fee Calculation. Using the newly developed ten-year
growth projections, roadway impact fee Capital Improvements Plan, and capacity available for
new growth, the professional will determine the cost of roadway improvements by service area,
the maximum costs per service unit, and the resulting maximum assessable roadway impact fees
July 22, 2008 Page 4 of 14 RIF - Task Order No 1 (07-22-2008).doc
by service area. The professional will incorporate the financial analysis performed by HDR
Engineering, Inc., in Task 2.E. to determine the maximum assessable impact fee per service unit.
E. Financial Analysis. Using the impact fee eligible capital improvement costs and projected service
units, the financial subconsultant, HDR Engineering, Inc. (HDR), will develop a rate credit
calculation for a municipal roadway impact fee under the general provisions of Chapter
395.014(a)(7) of the Texas Local Government Code. In order to perform this analysis, HDR will
obtain the following information from the professional:
• Existing and projected roadway demand (vehicle -mile) for various identified roadways for
the base year and 10 -year planning horizons;
• Pro -ration of that demand by identified facility into roadway impact fee zones; and
• Future (eligible) roadway improvement projects (as described in Task 2.C) and their
anticipated project cost to be borne by the CITY (considering other sources of funding).
HDR will obtain the following information from the CITY:
• Life -cycle debt service payments schedules for existing outstanding General Obligation or
Certificate of Obligation Debt associated with roadway funding by bond series;
• Prospective financing terms for new roadway debt, and
• Any significant anticipated cash -funding of eligible future roadway improvements.
From this information, HDR will identify the present value of outstanding existing debt per
vehicle -mile associated with each identified existing roadway. HDR will also calculate the
present value of future debt per vehicle -mile associated with debt -funding future eligible
roadway projects. The present value of existing and future roadway debt per vehicle -mile will
then be summed by impact fee zone to derive the rate credit for that zone.
F. Roadway Documentation. The professional will provide both a draft and final Roadway Impact
Fee Report. The report will include:
• Roadway service areas;
• Narrative of the impact fee methodology;
• Impact fee calculations;
• Roadway CII'; and
• Supporting Exhibits.
At the request of the CITY, the professional will review the proposed Roadway Impact Fee
Ordinance as prepared by the CITY Attorney. It is anticipated the CITY Attorney will require
exhibits from the Roadway Impact Fee Report to be included in the ordinance. The professional
recommends the CITY coordinate with its Attorney to ensure they will be able to prepare the
ordinance during Task 3.
G. Meetings. The professional will prepare for and attend the following meetings:
• Three (3) meetings with CITY staff to discuss and review the Roadway Impact Fee CII';
July 22, 2008 Page 5 of 14 RIF - Task Order No I (07.22-2008).doc
One (1) meeting with CITY staff to review the proposed Maximum Assessable Roadway
Impact Fees; and
One (1) meeting with CITY staff to discuss the public hearings and approval process.
H. Deliverables
• Twenty (20) copies of the Draft Roadway Impact Fee Report;
• Electronic (pdf) copy of the Draft Roadway Impact Fee Report; and
• Upon final approval of the Roadway Impact Fee Analysis and new ordinance by the City
Council, the professional will provide twenty (20) originals and one (1) electronic (.pdf) copy
of the Final Roadway Impact Fee Report.
Task 3 — Public Hearings and Approval
It is anticipated that a representative from the professional will prepare for and attend each of the
following meetings:
• Prepare for and attend up to six (6) stakeholder, Georgetown Transportation Advisory Board
(GTAB), City Council, or other committees;
• Prepare for and attend one (1) Capital Improvements Advisory Committee (CIRC) workshop
to present fundamentals of Roadway Impact Fees, a summary of the Roadway Impact Fee
methodology, Land Use Assumptions and the CIP and Maximum Assessable Roadway
Impact Fees;
• Prepare for and attend two (2) CIAC public hearings to present the Land Use Assumptions,
CIP and Maximum Assessable Roadway Impact Fees;
• Prepare for and attend one (1) City Council workshop to present fundamentals of Roadway
Impact Fees, a summary of the Roadway Impact Fee methodology, Land Use Assumptions
and the CII' and Maximum Assessable Roadway Impact Fees;
• Prepare for and attend two (2) City Council public hearings to present the Roadway Impact
Fee, including the Land Use Assumptions, Roadway Impact Fee CII' and Maximum
Assessable Impact Roadway Fees; and
• Prepare for and attend two (2) City Council meeting where it adopts the ordinance and
establishes the actual Roadway Impact Fees.
Task 4 — Rough Proportionality Policy Development
Chapter 395 of the Local Government Code prohibits cities from assessing a roadway impact fee within
its extraterritorial jurisdiction (ETJ). The CITY may, however, require dedication and construction of
road improvements under its subdivision powers in the ETI, and may charge fees equivalent to road
impact fees through development agreements. The 2005 Legislature enacted HB 1835, now in effect,
which mandates cities that require developers to dedicate land, pay fees, or pay construction costs as a
condition of development approval to certify that such contributions are roughly proportionate to the
impacts of the proposed development. The apportionment of the municipal infrastructure costs are to
be calculated by a professional engineer who is retained by the municipality. While the CITY may use
impact fees to determine proportionality of development exactions inside city limits, it is necessary to
establish a methodology for doing so in the ETI.
July 22, 2008 Page 6 of 14 RIF - Task Order No 1 (07-22-2008).doe
A. Rough Proportionality Areas Determination. The professional, in coordination with the CITY,
will determine the specific areas of the CITY under which to develop a rough proportionality
policy. It is anticipated that the professional will develop a land -use vehicle mile equivalency
table for the entire ETJ of the CITY. The land use table will provide the number of development
units (i.e. dwelling units, square footage, etc.), trip rate (derived from the 70, Edition of the
Institute of Transportation Engineer's (ITE) Trip Generation Manual) and local trip length (from
available motorist surveys).
B. Rough Proportionality Methodology Development. The professional will prepare a
proportionality methodology to allow future development to compare the vehicle -miles of
demand created by the new development versus the vehicle -miles of supply being exacted by the
CITY for each of the areas identified in this task. When the vehicle -miles of demand exceed the
vehicle -miles of supply provided by the new development, the exactions meet the rough
proportionality requirements.
C. Rough Proportionality Documentation. The professional will prepare and submit a draft Rough
Proportionality worksheet that documents the methodology and results of the analysis. The
worksheet will include the following information:
• Methodology;
• Proportionality Area exhibits;
• Land -use vehicle mile equivalency tables;
• Sample Calculations; and
• Summary Appendices.
D. Deliverables. The professional will develop an electronic (.xls) version of the draft Rough
Proportionality worksheet for CITY review. Upon review by the CITY, a final version of the
Rough Proportionality worksheet will be delivered to the CITY.
E. Meetings. The professional will prepare for and attend the following meetings:
• Two (2) meetings with CITY staff to discuss and review the Rough Proportionality
Methodology; and
• One (1) meeting with CITY staff to discuss the public hearings and approval process.
Additional Services
The professional's preparation for and attendance at any additional meetings per CITY direction, as
well as any additional analyses, will be considered Additional Services. Compensation for additional
services will be agreed to prior to their performance. Such services shall include, but are not limited to,
the following:
Preparation for and attendance at additional public meetings not specifically identified in
the Scope of Services.
Furnish additional copies of documents in excess of the number of the same identified in the
Scope of Services.
July 22, 2009 Page 7 of 14 RIF - Task Order No 1 (07.22-2008).doe
• Re -analysis or recalculation to reflect project scope changes or policy changes requested by
the CITY, addressing changes in direction previously approved by the CITY or mandated by
a change in governmental laws.
Information Provided By CITY
All base mapping data, historical building permit information and CII' project cost information for
completed projects used in the analysis shall be provided by the CITY. The professional shall be
entitled to rely on the completeness and accuracy of all information provided by the CITY.
Schedule
Tasks 1, 2 and 4 will be completed within six (6) months following receipt of a notice to proceed from
the CITY exclusive of CITY review time. Task 3 shall proceed in accordance with the requirements of
Chapter 395 of the Texas Local Government Code. Additional services, if desired, will be performed in
a timely manner upon written authorization by the CITY. Times for performance shall be extended as
necessary for delays or suspensions due to circumstances that the Professional does not control.
Statement Regarding Non -Collusion; Prohibited Financial Interests; Prohibited Political Influences:
(Per Article 36 in the Master Service Agreement): Professional hereby represents and warrants to CITY
that Professional shall not perform any work or services for a third party that is potentially or actually
related to, connected to, a part of, or integral to the work or services that it has performed is or is
performing for the CITY under this Task Order. Professional shall have the affirmative duty to bring
all such conflicts or potential conflicts to the attention of the CITY, and Professional agrees that the
CITY shall be the sole judge as to whether a conflict or potential conflict of interest with work for
private parties or Developer work exists. If in the judgment of the CITY such a conflict or potential
conflict between CITY work and Developer work exists, then Professional agrees to terminate all work
under the affected Task Order(s) immediately and that it shall not be eligible for payment for such
services.
Other Insurance:
No additional insurance is required beyond that provided as per the Master Services Agreement.
Compensation:
Lump Sum — Services shall be provided at as shown in Attachment B in an amount not to exceed
One Hundred Fourteen Thousand Five Hundred Dollars and Zero Cents ($114,500.00).
Kimley Horn and Associates, Inc.
HDR Engineering, Inc.
GRAM Traffic Counting, Inc.
100,000.00
12,000.00
2,500.00
$114,500.00
July 22, 2008 Page 8 of 14 RIF - Task Order No 1 (07-22-2008).doc
Attachments:
Attachment A Summary of Man Hours
Attachment B Project Schedule
APPROVED:
CITY OF GEORGETOWN IQMLEY-HORN AND ASSOCIATES, INC.
By: By: waw��
Name: George G. Garver Name: Thomas L. Whalen
Title: Mayor Title: Vice President
Address: P.O. Box 409 Address: 10415 Morado Cir., Bldg. I, Ste. 300
Georgetown, TX 78627-0409 Austin, TX 78759-5696
Phone: (512) 930-3651 Phone: (512) 418-1771
Fax: (512)930-3659 Fax: (512)418-1791
E -Mail: Slee fteorgetownE-Mail: tom.whalen@kimley-hom.com
Date: Date: 7- 7_ pg
July 22, 2008 Page 9 of 14 RIF - Task Order No 1 (07-22-2008).doc
��Kimley Hom
aco Associates. liu:.
Project Workplan Budget
Client: City of Georgetown
Project Roadway Impact Fees
KHA No.
PM: Aaron Nathan
Attachment A — Summary of Man Hours (Page 1 of 4)
DaleJuly 2. 2008
MIMI
Number: 7
Name: Land Use Assumptions
Task Mgr: AWN
Page 2 of 6
K:1FfW _PAakeung�Geage1wm12008 Roadway_Impacf_Fee�pppfGe _ _ nnmBudgel_lmGryds PnnW 7/22008.450PM
July 22, 2008 Page 10 of 14 RIF - Task Order No I (07-22-2008).doc
OEM
C. F�shng Land use
D. Build 0.11 -and Uw
....F,
........I�
Dixu�tab.
G. Meetings
Adamstraem
Page 2 of 6
K:1FfW _PAakeung�Geage1wm12008 Roadway_Impacf_Fee�pppfGe _ _ nnmBudgel_lmGryds PnnW 7/22008.450PM
July 22, 2008 Page 10 of 14 RIF - Task Order No I (07-22-2008).doc
M^ K,rntay H+xr
�L 1 aid Associates Inc
Project Workplan Budget
HOR-TiF1 Ill I ON
Client: City of Georgetown
Project: Roadway Impact Fees
KHA No:
PM: Aaron Nathan
Attachment A — Summary of Man Hours (Page 2 of 4)
Dale- July 2, 2008
Number 2
Name. Roadway Impact Fee
Task Mgr AWN
Page 3 n15
K:':FTVy_IdakHing\Georgelo:vm2008 Roadrvay_ImPxl_Fee,PpP`Ge .,v +laneudgel laGnv sls Pnnled 712/2008.4.50 PKI
July 22, 2008 Page 1 I of 14 RIF - Task Order No 1 (07-22-2008).doc
D Mamma, Assessable RIF Calculaum
Page 3 n15
K:':FTVy_IdakHing\Georgelo:vm2008 Roadrvay_ImPxl_Fee,PpP`Ge .,v +laneudgel laGnv sls Pnnled 712/2008.4.50 PKI
July 22, 2008 Page 1 I of 14 RIF - Task Order No 1 (07-22-2008).doc
��� dCtIA30Ci3;P.i 6 [
Project Workplan Budget
Client: City of Georgetown
Project: Roadway Impact Fees
KHA No.
PM: Aaron Nathan
Attachment A — Summary of Man Hours (Page 3 of 4)
Dale. July 2, 2008
Task Information
Name: Public Hearings
Task Mgr. AWN
M=KOEM
MMMEmJmm.�
Public Hearings
MAC
I City Council Adol
Admin
K'.PTYJ Mxk0irg1G.ge1.n�2008 F.Wd ay_Mpacl Fax\Mp\Ge _. ;+n- IanBud el r"Cie Js Pega4.f6
9 ) Prinlea 7.2/2008. a 50 Pfd
July 22, 2008 Page 12 of 14 RIF - Task Order No 1 (07-22-2008).doc
Attachment A — Summary of Man Hours (Page4 of 4)
IM. Krrliny horn
\:= aro Associates. Irc.
Project Workplan Budget
Dale. July 2. 2008
Client: City of Georgetown
Number.• 4
Project: Roadway Impact Fees
Name: Rough Proportionality
KHA No.
Task Mgr: AWN
PM. Aaron Nathan
K:I.FTW AakM tinglG.9gd m2008_Roadway_Impact_Fealppp\Ga•get.n _P'F_'NatPlwBudgel_/nCilyxls Printed. 702008. 4-W PM
July 22, 2008 Page 13 of 14 RIF - Task Order No I (07-22-2008).doe
...........
=11W
...........
Documentation
....���i
D. Delimables
............C.
Adftn
K:I.FTW AakM tinglG.9gd m2008_Roadway_Impact_Fealppp\Ga•get.n _P'F_'NatPlwBudgel_/nCilyxls Printed. 702008. 4-W PM
July 22, 2008 Page 13 of 14 RIF - Task Order No I (07-22-2008).doe
K mley-Horn
dntl ASSmates. Inc.
Project Workplan Budget
Task Budget Summary
Attachment A — Summary
Budget Summary
:a!e ;W 22009
1 ask Name
Client.
City of Georgetown
Project
Roadway Impact Fees
KHA No
---_ -.
__ - - -
-- __
=M.
Aaron Nathan
Task Budget Summary
Attachment A — Summary
Budget Summary
:a!e ;W 22009
S 100,000
�'.. „aiemq'i++ror9axH.T.`C�� Fcacwa. imps! Fx,ppp;Geage!awn RIF WukRlanB�xkje�'a:: �:.:
R 1.45
- -.r.2 08. 5 46 M.!
July 22, 2008 Page 13A of 14 RIP - Task Order No 1 (07-22-
2008)_Pagel3A_m.doc
1 ask Name
--T
Subtotal
I
2
3
_-_4
Land Use Assumptions _ _
Roadway Pact Im Fee
Public Hearings
Rough Proportionality _
---_ -.
__ - - -
-- __
S
15.300
50.200
S
S
21 500
13.000
S
S 100,000
�'.. „aiemq'i++ror9axH.T.`C�� Fcacwa. imps! Fx,ppp;Geage!awn RIF WukRlanB�xkje�'a:: �:.:
R 1.45
- -.r.2 08. 5 46 M.!
July 22, 2008 Page 13A of 14 RIP - Task Order No 1 (07-22-
2008)_Pagel3A_m.doc
Attachment A — Summary
Kimley-Horn and Associates, Inc (the Professional)
Company Wide Rates
(Hourly Rate)
The following rate schedule lists the individuals that the professional anticipates will work on the
pro ect; however the additional categories have been provided in the case that additional
tnd'ividuals work on the prgect
Principal
S240- $280
Senior Professional
S165 -S245
Brian Van De Walle, P.E., PTOE
Professional
S90- $170
Aaron W. Natltaq AICP, RE
Eric Bollich, RE
Jeff Whitacre, EXT
Senior Technical Support
$105-$170
Technical Support
S70 -S125
Support Staff
S55 -S85
Orlencia Johnson (Administrative Assistant)
Sarah Underwood (Project Accountant)
Effective January J, 2008
July 22, 2008 Page 138 of 14 RIF - Task Order No 1 (07-22-
2008)_Pagel3A_rev.doc
Agenda Item:
Agenda Item Check List
rpt
Financial Impact
Road Impact Fee Study
Agenda Item Subject: Consideration and possible action to approve of Task Order No. 1
with Kimley-Horn and Associates, Inc. (KHA), of Austin, Texas,
pursuant to the terms of the Master Services Agreement, for
professional services related to the development of a Road Impact
Fee Program for an amount of $114,500.00.
Is this a Capital Improvement O Yes 0 No
Project:
Council Date:
Was it budgeted?
07/22/2008
link to Agenda database => p
Need Help?
Is it within the approved budgeted amount?
If not, where is the money coming from?
G/L Account Number
Amount Going to Council
Is there something (budgeted) that won't get
done because you are spending these funds?
If so, please explain.
Will this have an impact on the next year's
budget?
If so, please explain.
Does this project have future revenue
impact?
Year: 2010 and Continuing
• Yes O No
40 Yes O No
$ 114,500.00
Yes • No
Yes to No
Yes 0 No
Department: Georgetown Utility Systems
If so, how? Additional source of funding for Roadway CIP
Projects
Identify all on-going costs (i.e., insurance,
annual maintenance fees, licenses,
operational costs, etc...).
Estimated staff hours:
Cross -divisional impact: Yes 0 No
If so, what division(s)?
Prepared by: Bill Dryden Date: 07/14/2008
You are an
Item Checklist: In Process
Lankford I Chief Accountant
Approval Cycle Settings
Council Meeting Date: July 22, 2008 Item No. U - 2)
AGENDA ITEM COVER SHEET
SUBJECT: Consideration and possible action to award a construction contract to EBC
Construction, LLC, of Manor, Texas, for the construction of Leander Street (18d' street to 22nd
street) and 22nd Street (from 452 ft. west of Leander Street to Austin Avenue) in an amount of
$382,359.00.
ITEM SUMMARY: The proposed project went out for bid in three parts, A, B & C as follows:
Part A — General Items,
Part B — Leander Street Reconstruction Items and
Part C — 22nd Street Reconstruction Items.
Further, the project engineer, KPA & Associates, LP, evaluated the following combination
of parts based upon the apparent lowest bidder, EBC Construction, LLC:
tions Combination of Parts Construction Costs
Option 1 Part A + Part B $ 287,143.00
Option 2 Part A + Part C $141,516.00
Option 3 Part A + Part B + Part C $ 382,359.00
KPA has reviewed the current work load and construction history of the apparent low
bidder, EBC Construction, LLC, inclusive of contacting three (3) references and believes EBC
Construction, LLC, is qualified to construct this project.
FINANCIAL IMPACT: Funds for this expenditure are budgeted in the CIP for Streets:
Fund Cost Budget G
120-9-0880-90-076 Streets' $ 382,359.001 $ 429,595.00'
' To be refunded from CDBG Grant in the amount of $250,000.00 (FY 2007/2008) and $179595.00 (FY
2008/2009).
GTAB BOARD RECOMMENDATION: GTAB recommendations will be presented at
Council
STAFF RECOMMENDATION:
Staff concurs with KPA's evaluation and recommends that the City award a construction
contract with EBC Construction, LLC, for Option 1 (Part A + Part B + Part C), based upon
available funding, in the amount of $ 382,359.00.
None
ATTACHMENTS:
Letter of Recommendation from KPA
Bid Tabulations
A . r\
Submitted By: 'Bill Dryden f. E.,/ Jim
Transportation Engineer ( Ass
Utility
KAKASBERG, PATRICK & ASSOCIATES, LP
CONSULTING ENGINEERS
One South Main
Temple, Teas 76501 (254) 773-3731 In (254) 773-6667 mail®kpaengineers.com
RICK N. KASBERG, P.E.
R. DAVID PATRICK, P.E., C.F.M.
THOMAS D. VALLE, P.E.
June 3, 2008
Mr. Joel Weaver
C.I.P. Coordinator
Georgetown Utility Systems
300 Industrial Avenue
Georgetown, Texas 78626
Re: City of Georgetown
Leander Street Improvements
Dear Mr. Weaver:
Attached are the Bid Tabulation Sheets for the bids received at 2:00 PM on Thursday, May 29, 2008
for the above referenced project.
This project publicly advertised on May 11'" and May 18'". We e-mailed and faxed invitations to bid
to over fifty five (55) contractors for the project. Eight (8) contractors held plans for bidding the
project. Seven contractors submitted bids for the project and we have determined that EBC
Construction, LLC is the low bidder with a total bid (Parts A + B + C) of $382,359.00. Our
estimate for this project was $460,000. A breakdown of EBC Construction's bids by part is listed
below.
Bid Amount
Part A - General Items
$ 46,300.00
Part B - Leander Street
$ 240,843.00
Part C - =d Street
$ 95,216.00
Mr. Joel Weaver
June 3, 2008
Page Two
These bids allow for award of the following options:
Option 1 Part A + Part B = $ 287,143.00
Option 2 Part A + Part C = $ 141,516.00
Option 3 Part A + Part B + Part C = $ 382,359.00
We have reviewed the current workload and construction history of EBC Construction, LLC as well
as contacted three (3) references. As a result of our findings, we recommend that a contract be
awarded to EBC Construction, LLC for Option 1 (Part A + Part B) in the amount of $287,143.00.
Should sufficient funds be available, we recommend the City consider award of Option 3 (Part A +
Part B + Part C) in the amount of $ 382,359.00. If you have questions, please call.
Sincerely,
John A. Simcik P.E. C.F.M.
JAS/
2007-104-30
Item I Esrilnaled
A -I
100%
1 IS
A-2100%
LS
A-3
100%
LS
A-4
100%
LS
A-5
100%
LS
A-6
100%
LS
FOTAL BID AMOUNT
rrml
.1011 Site Construction LLC
PO Box 40
Round Rock, TX 78680
leaded Unit Ezteu<(erl
hzmwn, Bonds and Insurance, not to-exceeC-' " 00
ish Traffic Control Plan Sealed by an EngimIQ000.1)D
amen Traffic Control Plan IS,OOD00
:meot & Administer Stormwater Pollution F 2,500 00
its from TCEQ
ide Project Record Drawings (As Builts) 3,000.00
ide DVD of row pre -construction and post c SW-�
A - GENERAL (ITEMS A-1 - A-6) J4, 500 00
3,161.13 S 23,161.13
2,968.00 2,968.00
2,411.50 2,411.50
1,478.50 1,479.50
Written unit price does rel correspond wilb numerical unit price.
('age 1 ul 4
Agenda Item Check List
ff
Financial Impact
Agenda Item: Leander Street and 22nd Street Construction Project
Agenda Item Subject: Consideration and possible action to award a construction contract to
EBC Construction, LLC, of Manor, Texas, for the construction of
Leander Street (18th Street to 22nd Street) in an amount of
$382359.00.
Is this a Capital Improvement O Yes 0 No
Project:
Council Date: 07/22/2008
link to Agenda database =>
Need Help?
Was it budgeted?
Is it within the approved budgeted amount?
If not, where is the money coming from?
G/L Account Number
Amount Going to Council
Is there something (budgeted) that won't get
done because you are spending these funds?
If so, please explain.
Will this have an impact on the next year's
budget?
If so, please explain.
Does this project have future revenue
impact?
• Yes O No
0 Yes 0 No
Streets - To be refunded from CDBG Grant in the
amount of $251,500.00 (FY 2007/2008) and
$179,595.00 (FY 2008/2009)be refunded from
CDBG Grant in the amount of $251,500.00 and
Drainage (Railroad)
120-9-0880-90-076 Streets
$ 382,359.00
O Yes 0 No
OYes 0No
Yes 0 No
Year:
If so, how?
Department:
Identify all on-going costs (i.e., insurance, None
annual maintenance fees, licenses,
operational costs, etc...).
Estimated staff hours: None
Cross -divisional impact: O Yes 40 No
If so, what division(s)?
Prepared by: Bill Dryden Date: 06/17/2008
You are an Administrator of the approval process
A nanda Ham Char-kligk In. P/OCBSS
pprovers
itle
signed
Notified eceived
tatus Change
Jim Briggs
Assistant City Manager
07/15/2008 04:16:23 PM
07/15/2008 04:16:23 PM
I
-
Lode Lankford
Chief Accountant
-
-
-
Approval Cycle Settings
Council Meeting Date: July 22, 2008 Item No. 11- Li
AGENDA ITEM COVER SHEET
SUBJECT: Consideration and possible action to award a construction contract to Aaron
Concrete Contractors, LP, of Austin, Texas, for the construction of Blue Hole Restoration Project
in an amount of $ 98,752.50.
ITEM SUMMARY: The proposed project went out for bid in three parts with bids being
received July 16, 2008. The Engineer's Estimate of Probable Construction Costs was $87,050. The
project engineer, Baker-Aicklen & Associates, Inc. (B -A), evaluated the bids and bidders.
B -A has reviewed the current workload and construction history of the apparent low
bidder, Aaron Concrete Contractors, LP, inclusive of contacting three (3) references and believes
Aaron Concrete Contractors, LP, is qualified to construct this project.
SPECIAL CONSIDERATIONS:
None
FINANCIAL IMPACT:
Funds for this expenditure are budgeted in the CIP for Streets and Drainage:
Fund Cost Budeet
261-5-0602-51-261 FEMA $ 32,917.50 $ Or
540-5-0638-51-801 TML Insurance $65.835-00 $ 01
$ 98,752.50
t Funded from FEMA and TML Insurance Reimbursements that will be adjusted with a year End Budget Amendment to cover
up to $160,000 in costs (including engineering)
GTAB BOARD RECOMMENDATION:
GTAB recommendations will be presented at Council.
STAFF RECOMMENDATION:
Staff concurs with Baker-Aicklen's evaluation and recommends that the City award
construction contract with Aaron Concrete Contractors, LP, in the amount of $ 98,752.50.
ATTACHMENTS:
Letter of Recommendation from Baker-Aicklen & Associates., Inc.
Bid Tabulations
Submitted By: 'Bill Dryden P. E�/
Transportation Engineer
July 16, 2008
Mr. Bill Dryden, P.E., Transportation Engineer
CITY OF GEORGETOWN
300-1 Industrial Avenue
Georgetown, Texas 78626
Subject: Recommendation of Award
Blue Hole Trail Reconstruction
Dear Mr. Dryden:
The City of Georgetown received sealed bids at 2:00 pm on Wednesday July 16, 2008
for the subject project. A total of four bids were received and publicly opened at that
time. The bids were tabulated and a certified bid tabulation is attached. The
Statements of Bidders Experience provided by each of the bidders were then evaluated.
Based on our evaluation of the bids received, we recommend that the City of
Georgetown award of this construction contract to the low, qualified bidder, Aaron
Concrete Contractors, LP of Austin, Texas, in the amount of $98,752.50.
The Aaron Concrete's Statement of Bidders Experience indicates that they have
extensive experience with similar and larger construction concrete projects throughout
Central Texas and have been doing this type of work for over five years as required by
the Instruction to Bidders. They have also done several projects for the City of
Georgetown.
If you have any questions, please feel free to call me.
Sincerely,
y �
dq--e,)-k
Leah J. Coffman, P.E.
LJC:jc
Prism Development, Inc.
2709 E. 5th Street
Austin, TX 78702
Yes Bid Bond? Yes
Yes Addendum #1 Yes
$5,360.98
$3,289.50
$580.00
4 Installation of concrete pavement
i
BID TABULATION
CY
$375.00
Viking Fence Co.
5 Installation of fixed bollards
4
9602 Gray Blvd.
Project: Blue Hole Trail Reconstruction
$1,600.00
Austin, TX 78758
Owner: City of Georgetown
EA
Bid Bond?
Job Number: 0686.5.010
7
Addendum #1
Bid Date: July 16, 2008
SY
$115.00
Bid Item
Quantitl{
Unit
Unit Prim
1 Insurance, Bonds and Move -In Related
1
LS
$5,360.98
2 Installation, maintenance and removal
850
LF
$3.87
of silt fence
3 Installation, maintenance and removal
1
LS
$580.00
of tree protection fencing
Prism Development, Inc.
2709 E. 5th Street
Austin, TX 78702
Yes Bid Bond? Yes
Yes Addendum #1 Yes
$5,360.98
$3,289.50
$580.00
4 Installation of concrete pavement
i
230
CY
$375.00
$86,250.00
5 Installation of fixed bollards
4
EA
$400.00
$1,600.00
6 Installation of removable type bollards
4
EA
$1,000.00
$4,000.00
7
Milling of existing concrete pavement
100
SY
$115.00
$11,500.00
TOTAL AMOUNT BASE BID
$112,680.48
ALTERNATE BID
1 -ALT Installation of HMAC pavement
2 -ALT Removal of excess river gravel and
transport to location specified
Certified by:
Leah J. Coffman,
on July 16, 2008
.:W686.5-00MBID AB-B(ae Ho(e %'milliecnnsrruc/ton
230 CY $260.38 $59,887.40
100 CY $21.60 $2,160.00
Cos'
Westar Construction Aaron Concrete Contractors, Inc.
4500 Williams Dr Ste 212-PMB 411 P. O. Box 27107
Georgetown, TX 78628 Austin, TX 78755-2_107
Bid Bond? Yes _ Bid Bond? Yes_ _
4ddendum 91 Yes Addendum #1 Yes
Unit Price Cost I Unit Pdce Cost
$16,737.00 $16,737.00 $5,475
$2.50 $2,125.00 $2.00
1 $565.11• $565.111 $500.00
$645.00 $148,350.00" $400.00
$1,000.00 $4,000.00 $1,000.00
$1,250.00 $5,000.00 $2,000.00
$483.10 $48,310.00 $33.00
$215.00 $49,450.00 U32.00
$11.50 $1,150' $75.00
Prism Development Inc.'s Bid Form
contained several discrepancies between
the multiplication of unit prices and the extension.
The above reflect the corrected amounts.
$5,475.00
$4,702.50
$1,700.00
$3.16
$500.00
$864.00
$92,000.00
$4,000.00
$8,000.00
$3,300.00
$114,975.00
$53,360.00
$7,500.00
$320.00
$1,000.00
$1,800.00
$57.00
$233.64
$19.00
$4,702.50
$4,000.00
$7,200.00
$5,700.00
$98,752.50
$53,737.20
$1,900.00
Baker-Aicklen R Aroclales. (nc.
Agenda Item Check List
Agenda Item:
Agenda Item Subject:
Is this a Capital Improvement
Project:
Council Date:
Was it budgeted?
Lai],
Financial Impact
Blue Hole Trail Restoration
Consideration and possible action to award a construction contract to
Aaron Concrete Contractors, LP, of Austin, Texas, for the construction
of Blue Hole Restoration Project in an amount of $ 98,752.50._
O Yes • No
07/22/2008
link to Agenda database => d
Need Help?
Is it within the approved budgeted amount?
If not, where is the money coming from?
G/L Account Number
Amount Going to Council
Is there something (budgeted) that won't get
done because you are spending these funds?
If so, please explain.
Will this have an impact on the next year's
budget?
If so, please explain.
Does this project have future revenue
impact?
'_) Yes 0 No
0Yes 0No
FEMA and TML Insurance
261-5-0602-51-261 FEMA $ 32,917.50
540-5-0638-51-801 TML Insurance $ 65,835.00
Year End Budget Amendment
$ 98,752.50
O Yes • No
Yes • No
Yes 0 No
Year: Department:
If so, how?
Identify all on-going costs (i.e., insurance,
annual maintenance fees, licenses,
operational costs, etc...).
Estimated staff hours:
Cross -divisional impact: O Yes 0 No
If so, what division(s)?
Prepared by: Bill Dryden Date: 07/15/2008
You are an Administrator of the approval process
Agenda Item Checklist. In Process
Approval Cycle Settings
Council Meeting Date: July 22, 2008
AGENDA ITEM COVER SHEET
Item No. Y - ,-
SUBIECT:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, DENYING THE
PROPOSED CHANGE IN RATES FOR ONCOR ELECTRIC DELIVERY COMPANY LLC, FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED COMPLIED WITH THE
OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS, AND DECLARING AN
EMERGENCY.
ITEM SUMMARY:
On June 27, 2008, Oncor Electric Delivery Company, LLC ("Oncor") filed an application (Docket No.
35717) with the Public Utility Commission of Texas (PUC) a Petition and Statement of Intent to Change Rates.
Oncor's rate filing is based on the system -wide financial results for a 12 -month period ending on
December 31, 2007. Oncor is requesting a net increase in transmission and distribution rates of approximately
$275 million over their current rates (or a 10.9% increase over adjusted test year revenues). If approved, the
increased rates will be charged to Oncor's direct customers, all retail electric providers (REPs), in those portions
of Oncor's service area under the original jurisdiction of the Commission. In addition, the result could be a
change in Oncor's transmission cost of service rates, which would impact all load serving entities in the Electric
Reliability Council of Texas (ERCOT). Oncor has requested an August 8, 2008 effective date for its proposed
rate change. Those changes will be uplifted across ERCOT through the Transmission Cost of Service (TCOS)
Rate.
Staff has reviewed this with representatives at Oncor and considered it internally along with other cities
and recommends that the City of Georgetown approve the Ordinance to deny the rate change going into effect.
A denial vote for this rate change simply temporarily suspends the PUC action for implementation of this rate
change for approximately 45 days. Even though a vote of denial delays implementation of this rate, if the PUC
and its staff determines that it is an appropriate rate and an appropriate filing, the this rate will go into effect
since the PUC does have ultimate authority for the electric system rates of Oncor.
Therefore, staff recommends that Council deny the implementation of this rate ultimately knowing that
the PUC has final authority and will more than likely approve the rate to be applied, but at a later time.
Based on the date the City was notified of this action and due to the time needed to fully investigate this
action, the attached EmergencyOrdinance will have to be read in full at the meeting of July 22, 2008.
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT:
NONE
ATTACHMENTS:
Ordinance
submitted By:
sgistanff Ci%r Manager
For Utility Operations
Trish Carls
City Attorney
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, DENYING THE PROPOSED CHANGE
IN RATES FOR ONCOR ELECTRIC DELIVERY COMPANY
LLC, FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS ORDINANCE IS PASSED COMPLIED WITH THE
OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND
PROVISIONS, AND DECLARING AN EMERGENCY.
WHEREAS, on June 27, 2008, Oncor Electric Delivery Company LLC ("Oncor") filed a
Statement of Intent to Change Rates with the Public Utility Commission of Texas ("PUC") to
increase its system -wide transmission and distribution rates by 10.9%, approximately $275
million annually; and,
WHEREAS, these increased rates will be charged to Oncor's direct customers, all retail
electric providers (REPs), in those portions of Oncor's service area under the original
jurisdiction of the PUC; and,
WHEREAS, the result could be a change in Oncor's transmission cost of service rates,
which would impact all load serving entities in the Electric Reliability Council of Texas (ERCOT);
and,
WHEREAS, staff has reviewed this with representatives at Oncor and considered it
internally along with other cities; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF GEORGETOWN, TEXAS:
SECTION 1. That the proposed changed rate schedules and service regulations filed
with the Governing Body of this municipality by Oncor Electric Delivery Company LLC on June
27, 2008, are hereby denied and disapproved, and Oncor Electric Delivery Company LLC
shall continue to provide electric delivery service within this municipality in accordance with its
rate schedules and service regulations in effect within this municipality on June 27, 2008.
SECTION 2. That it is hereby officially found and determined that the meeting at which
this Ordinance is passed is open to the public and as required by law and public notice of the
time, place and purpose of said meeting was given as required.
Oncor Emergency Rate Change Denial Ordinance No.
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SECTION 3. That the statements set out in the preamble to this ordinance are hereby
in all things approved and adopted. The City Council hereby finds that this Ordinance
implements Effective Governance Vision Statement 4.0.0 of Georgetown's 2030
Comprehensive Plan, which states: "Georgetown has achieved a high level of service
coordination, both internally and with County, State and other city service providers.'; and
further finds that the enactment of this ordinance is not inconsistent with or in conflict with any
other Comprehensive Plan Policies.
SECTION 4. That an emergency exists necessitating the suspension of any rule
requiring multiple readings of this Ordinance and all multiple readings of this Ordinance are
hereby waived; this Ordinance shall take effect immediately upon its passage.
PASSED AND APPROVED at a regular meeting of the City Council of Georgetown,
Texas, on this the day of 2008.
Mayor
City of Georgetown, Texas
ATTEST:
Sandra D. Lee
City Secretary
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
CITY OF GEORGETOWN §
APPROVED AS TO FORM:
Patricia E. Carts
Carls, McDonald & Dalrymple, L.L.P.
Oncor Emergency Rate Change Denial Ordinance No
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