HomeMy WebLinkAboutAgenda CC 09.11.2007Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
Tuesday, September 11, 2007
The Georgetown City Council will meet on Tuesday, September 11, 2007 at 06:00:00 PM at City Council
Chambers, at the northeast comer 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
- Pedernales Electric Cooperative, et. al. v. Lower Colorado River Authority, et al.
- Offsite Utility Construction and Cost Reimbursement Agreement for ABG Subdivision (n/k/a Water Oak Subdivision) and
Development Agreement concerning the ABG Subdivision (n/k/a Water Oak Subdivision)
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 Posting of the Colors: Georgetown Fire Department Honor/Color Guard
D Pledge of Allegiance
E Comments from the dais
- Welcome to Audience and Opening Comments
- Review of procedure for addressing the City Council
Presentation to Council on the Main Street Program and the Georgetown Library being recognized as finalists in
the Texas Downtown Association President's Awards
F Announcements and Comments from City Manager
G Public Wishing to Address Council
- Betty Ann Sensabaugh regarding location of the Georgetown Visitor and Information Center.
- Rex Stuart regarding "reasonableness" of utility rates for water, sewer, and garbage.
H 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
City Council Agenda/September 11, 2007
Page 1 of 3 Pages
discuss and act upon it individually as part of the Regular Agenda.
I Consideration and possible action to approve the minutes of the Council Workshop on Monday, August 27, the
Council Meeting on Tuesday, August 28, and the Special Meeting on Thursday, August 30, 2007 -- Sandra D.
Lee, City Secretary
J Consideration and possible action to approve the purchase of advertising in the Williamson County Sun for
the estimated annual amount of $47,000 — Marsha Iwers, Purchasing Manager
K Consideration and possible action to review and accept an Interlocal Cooperation Contract between the City of
Georgetown Police Department and the Texas Department of Public Safety to purchase supplies for the Breath
Testing Program and the Laboratory Alcohol and Drug Testing Program — David Morgan, Chief of Police
L Consideration and possible action authorizing firefighter physicals to be completed by St. David's
Occupational Health Services in the amount of $30,411.00 -- Anthony Lincoln, Fire Chief
M Consideration and possible action to authorize application for a Grant of $34,718.20 from the Lower Colorado
River Authority Community Development Partnership Program to be used to purchase swift water rescue
equipment — Clay Shell, Assistant Fire Chief and Anthony Lincoln, Fire Chief
N Consideration and possible action to approve a contract with Revenue Recovery, L.L.C. for the collection of
fees for services provided by Georgetown Fire Department — Anthony Lincoln, Fire Chief
O Consideration and possible action to approve a utility oversizing reimbursement for David Kellerman, Owner
of Mel's Family Bowling Center, in the amount of $35,170.00 related to the oversizing of a regional drainage line
to serve future re -development in the Williams Drive Gateway -- Tom Yantis, Assistant City Manager
P Consideration and possible action to adopt a resolution approving the 2007/08 Budget and related Property
Tax Assessment for the Georgetown Village Public Improvement District #1 -- Micki Rundell, Director of
Finance and Administration
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
Q Consideration and possible action to approve an airport land lease to Microfusion, Inc. for 202 Wright
Brothers Drive — Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager
R Consideration and possible action on the proposed budget for 2007-08 of the Arts and Culture Board -- Eric
Lashley, Director of Library Services and Randy Morrow, Director of Community Services
S Consideration and possible action on funding allocations for contracted Community/Social Services and
Children's and Youth Program Funding contingent upon final approval of the 2007/2008 budget — Gabe
Sensing, Councilmember District 2; Bill Sattler, Councilmember District 4; and Farley Snell, Councilmember
District 6
T Discussion and possible action regarding the naming of Oak Tree Drive (Berry Creek) Bridge -- Gabe
Sensing, Councilmember District 2
U Consideration and possible action to execute an interlocal agreement between the Cities of Georgetown and
Round Rock for the provision of emergency water service -- Glenn Dishong, Water Services Director, Jim
Briggs, Assistant City Manager for Utility Operations
V Forwarded from the Georgetown Utility System (GUS) Advisory Board:
Consideration and possible action to award a contract to Lewis Contractors, Inc. of Bertram, Texas, for the
construction of the South Fork Interceptor Phase A and to set a budget in the amount of $2,091,089.00 —
Glenn Dishong, Water Services Director, Jim Briggs, Assistant City Manger for Utility Operations
W Second Readings
1. Second Reading of an Ordinance levying a tax rate for the City of Georgetown for the tax year 2007 --
Micki Rundell, Director of Finance and Administration
2. Second Reading of an Ordinance to adopt the Annual Operating Plan Element of the Georgetown
Century Plan (budget) for the fiscal year beginning October 1, 2007, and ending September 30, 2008:
adopting the Annual Amendment to the Century Plan — Micki Rundell, Director of Finance and
City Council Agenda/September 11, 2007
Page 2 of 3 Pages
Administration
3. Second Reading of an Ordinance amending Sec. 2.08.010 "Administrative Divisions and Departments"
of the Georgetown Code of Ordinances -- Micki Rundell, Director of Finance and Administration
4. Second Reading of an Ordinance to Rezone from (OF) Office to (RS) Residential Single-family for 0.179
acres out of the Booty and Lesueur Addition, Block 1, Lot 4, located at 1308 Hart Street — Bobby Ray,
AICP, Director of Planning and Development Services
5. Second Reading of an Ordinance for a Comprehensive Plan Amendment to change the Intensity Level
Map from Levels 3, 4 and 5 to Levels 4 and 5 on 54.73 acres more particularly described as 34.82 acres in
the Francis Hudson, Wm. Addison, Joseph Robertson and J.S. Patterson Survey and 19.91 acres in the
Joseph Robertson and the Wm. Addison Survey, also known as the Wheeler Tract, located at 2211 County
Road 111 (Westinghouse Road). — Valerie Kreger, Planner III, and Bobby Ray, AICP, Director of Planning
and Development Services
6. Second Reading of an Ordinance to Rezone from (RS) Residential Single -Family District to (MU -DT) Mix
Use Downtown District 0.139 acres out of the Lost Addition, Block 63, located at 1006 Rock Street —
Valerie Kreger, Planner III, and Bobby Ray, AICP, Director of Planning and Development Services
X Consideration and possible action to extend the scope of work of the biotech commercialization consulting
contract with K. Peterman Consulting Associates — Mark Thomas, Economic Development Director and Paul
Brandenburg, City Manager
Y Discussion and possible action to approve a Resolution approving a Chapter 380 Economic Development
Agreement between the City of Georgetown and the Texas Life Sciences Commercialization Center — Mark
Thomas, Economic Development Director and Paul E. Brandenburg, City Manager
Z Consideration and possible action to approve a resolution stating that the City elects to become eligible to
participate in a property tax abatement for Airborn, Inc. — Mark Thomas, Economic Development Director
AA Public Hearing/First Reading
1. Public Hearing on the designation of a reinvestment zone of approximately 21.18 acres out of the Lewis
Dyches Survey, Abstract No. 180 in Williamson County, Texas, being a portion of 122.19 acres conveyed to
H. B. Longhorn Junction Phase III, L.P. — Mark Thomas, Economic Development Director and Paul
Brandenburg, City Manager
2. First Reading of an Ordinance to remove Section 4.40.010(D) of the City of Georgetown Code of
Ordinances to remove references to legislatively repealed expiration dates for the collection of fees for the
Municipal Court Technology Fee Fund; to align with State Law, Article 102.0172 of the Code of Criminal
Procedure — Mick! Rundell, Director of Finance and Administration and Cathy Leloux, Court Administrator
3. First Reading of an Ordinance establishing the classifications and number of positions (Strength of Force)
for all the City of Georgetown Fire Fighters and Police Officers pursuant to Chapter 143 of the Texas Local
Government Code pertaining to Civil Service — Kevin Russell, Director of Human Resources and Civil
Service
4. Public Hearing and First Reading of an Ordinance Adding a New Chapter 12.09 to the Code of
Ordinances pertaining to the regulation of encroachments into public rights-of-way and easements --
Bobby Ray, AICP, Director of Planning and Development Services
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 , 2007, at , and remained so posted for at
least 72 continuous hours preceding the scheduled time of said meeting.
Sandra Lee, City Secretary
City Council Agenda/September 11, 2007
Page 3 of 3 Pages
Council Meeting Date: September 11, 2007 Item No. U_
AGENDA ITEM COVER SHEET
SUBTECT:
Consideration and possible action to execute an Inter -local Agreement between the Cities of
Georgetown and Round Rock for the provision of emergency water service.
ITEM SUMMARY:
The water systems of the Cities of Georgetown and Round Rock are inter -connected at Round
Rock's Barton Hill tank site. The interconnect is normally closed with meters installed to measure the
amount of potable water supplied to and from each City in the event of an emergency need for potable
water.
The provision for transfer of water during emergency conditions between the Cities was
established with the construction of the interconnect approximately 12 years ago. While transfers during
emergency conditions have occurred in the past, this agreement formalizes the conditions under which
the transfers of potable water from either City may occur in the future.
SPECIAL CONSIDERATIONS:
None.
FINANCIAL IMPACT:
None.
GUS BOARD RECOMMENDATION:
N/A
STAFF RECOMMENDATION:
Staff recommends approval of the Inter -local Agreement.
COMMENTS:
None.
ATTACHMENTS:
Inter -local Agreement.
Submitted By: Glenn Dishong oi—MAig so
Water Services Directo Assistant Ci Manager
For Utilities
INTERLOCAL AGREEMENT FOR EMERGENCY WATER SERVICE
BETWEEN THE CITIES OF GEORGETOWN AND ROUND ROCK
THE STATE OF TEXAS
COUNTY OF WQ.LIAMSON
This Interlocal Agreement For Emergency Water Supply (hereinafter, "Agreement") is entered into as
of this day of 2007, by and between the City of Georgetown, a home rule
municipality City, hereinafter referred to as "Georgetown" and the City of Round Rock, a home rule
municipality City, hereinafter referred to as "Round Rock"..
Recitals
Whereas, Round Rock previously constructed and Georgetown reimbursed Round Rock for certain
water line and metering improvements for the purposes of establishing an emergency interconnect between the
potable water supplies of each city, and
Whereas, the Round Rock and Georgetown now desire to enter into this Agreement setting forth the
terms and conditions pursuant to which emergency water service will be provided by one party to the other in
the event of an emergency; and
Whereas, this Agreement will supercede any previous Agreements, oral or written, between
Georgetown and Round Rock to provide emergency water service at the Point of Delivery.
NOW, THEREFORE, for and in consideration of the mutual promises, covenants, obligations and
benefits of this Agreement, Round Rock and Georgetown contract and agree as follows:
ARTICLE 1.
Definitions
1.1 "Emergency": an Act of God or similar unforeseen and unpreventable catastrophic circumstance m
disaster that significantly affects either Party's ability to provide potable water to its customers, or the
occurrence of a significant planned maintenance activity, during which the normal supply of potable water is
interrupted or otherwise unavailable.
1.2 "Emergency Water Service": the water supply to be provided by either Party to the other Party for a
temporary period only in the event of and for the duration of an Emergency pursuant to the terms anti
conditions more particularly set forth in this Agreement.
1.3 "Party" Either Georgetown or Round Rock.
1.4 "Parties" Both Georgetown and Round Rock
1.5 "Point of Delivery": the existing Barton Hill point of connection between the Georgetown water
system and the Round Rock water system, as depicted in Exhibit "A" attached hereto, at which Emergency
Water Service will be made available by the Providing Party to the Requesting Party in accordance with the
terms of this Agreement.
00119357
1.6 "Point of Delivery Meter": the meter(s) that are installed at the Point of Delivery to be used for
measuring the quantity of Emergency Water Service furnished by either Party to the other Party under this
Agreement.
1.7 "Providing Parry": the Party providing Emergency Water Service to the Requesting Party.
1.8 "Requesting Party": the Party requesting Emergency Water Service from the Providing Party.
1.9 "Volumetric Rate": the retail commercial out -of -city Water rate per 1,000 gallons charged to the
customers of the Providing Party.
1.10 "Water": potable water made available by either Party at the Point of Delivery in the event of an
Emergency, which water shall meet those requirements for human consumption and other domestic uses
promulgated by the Texas Department of Health, and/or the Texas Commission on Environmental Quality.
ARTICLE IL
Terms and Conditions for Emergency Water Services
2.1 Agreement to Provide Emergency Water Services. Subject to the terms and conditions of this
Agreement and the requirements of applicable law, each Party agrees to make available Emergency Water
Service to the other Parry for the term of this Agreement.
2.2 Ownership, Operation and Maintenance of Facilities.
(a) Each Party shall own, operate and maintain all water system improvements, facilities,
equipment and appurtenances located on its respective side of the Point of Delivery in accordance with its'
own maintenance and replacement schedules and standards. All such costs and expenses of operation,
maintenance, repair and replacement of each Party's water system shall be paid by the Party, and the other
Party shall have no responsibility for any such costs or expenses.
(b) Each Party shall be solely responsible for design and construction of such improvements to its
water system as are necessary for the safe and efficient receipt, transportation, storage and distribution of
Emergency Water Service received from the other Party at the Point of Delivery. Neither Party shall be
responsible for any costs of the other Party related thereto, nor shall either Party be liable for damages to the
ether Party's water system or to the water facilities of the other Party's customers arising from the distribution
of Water received at the Point of Delivery hereunder.
23 Emergency Water Service.
(a) In the event of an Emergency, the Requesting Party may request the Providing Party to
r rovide Emergency Water Service at the Point of Delivery for a temporary period to assist the Requesting Party
in responding to such Emergency, and the Providing Party shall provide Emergency Water Service subject to
the following conditions:
(i) A good faith determination by the Providing Party that a bona fide Emergency exists,
and that delivery of Emergency Water Service to the Receiving Party will not endanger the public
health, safety or welfare of the Providing Party's citizens and customers;
(ii) Emergency Water Service will be provided only for the shorter of the following
periods:
1) the reasonable duration of the Emergency giving rise to the request for
emergency water service;
2) the reasonable duration needed to repair damage to the water system
occasioned by such Emergency;
3) the duration of the Providing Party's ability to provide Emergency Water
Service to the Requesting Party, as reasonably determined by the Providing
Party; or
4) two (2) weeks.
(iii) In the event that the Emergency exceeds the shortest of the foregoing periods, the
Requesting Party may make written request to the Providing Party to continue Emergency Water
Service beyond said initial period. The Providing Party may continue or resume such Emergency
Water Service for an additional period up to such period as the Providing Party shall determine
appropriate and necessary, but only if the Providing Party determines in good faith that the
Emergency giving rise to the initial request for Emergency Water Service has not been abated, that
the Requesting Party has exercised reasonable diligence in attempting to remove the disability giving
rise to the initial request for Emergency Water Service, and that Water in excess of the needs of the
Providing Party's customers continues to be available to provide Emergency Water Service to the
Requesting Party.
ARTICLE III.
METERING
3.1 Measurement.
(a) The Providing Party shall operate, maintain and read the Point of Delivery Meter to record all
Water delivered under this Agreement.
(b) The Providing Party shall keep records of all measurements of Water delivered to the
Requesting Party through the Point of Delivery as recorded by the Point of Delivery Meter.
3.2 Calibration.
(a) If, as a result of any test, the Point of Delivery Meter is found to be registering inaccurately
(more than 5% higher or lower than calibrated volumes), the readings of the meter shall be corrected at the rate
of its inaccuracy for any period which is definitely known or agreed upon.
(b) If the Point of Delivery Meter is out of service or in need of repair such that the amount of
Water delivered cannot be ascertained or computed from the reading thereof, the Water delivered through the
period such meter is out of service or out of repair shall be estimated and agreed upon by the Parties based
upon the basis of the best data available. If the Parties fail to agree on the amount of Water delivered during
such inoperable period, the amount of Water delivered may be estimated by:
(i) correcting the error if the percentage of the error is ascertainable by calibration tests or
mathematical calculation; or
(ii) estimating the quantity of delivery by deliveries during the preceding periods under
similar conditions when the meter was registering accurately.
(c) If a Point of Delivery Meter is consistently registering inaccurately, the Party owning and
installing the meter shall repair, replace or rehabilitate the meter, as determined by such, and all costs related
thereto shall be bome by said Party.
ARTICLE IV.
RATES AND CHARGES
4.1 Connection Fee. Neither Party shall charge a connection fee to the other Party for the provision of
Emergency Water Service under this Agreement.
4.2 Volumetric Rate. The Requesting Party shall pay to the Providing Party the Volumetric Rate for all
Water delivered through the Point of Delivery Meter for Emergency Water Service.
4.3 Payment Terms.
(a) The Providing Party shall, upon completion of Emergency Water Service, submit to the
Requesting Party an itemized statement of the amount of Emergency Water Service furnished, as measured at
the Point of Delivery Meter, and a statement of the payment due for such services. The statement shall specify
a due date, which date shall not be less than fifteen (15) days after the date of the statement. The statement
shall be paid on or before the due date.
(b) In the event that the Requesting Party fails to make timely payment in full by the due date,
then the Providing Party shall furnish a late notice to the Requesting Party. If the Requesting Party does not
provide payment within fifteen (15) days of receipt of the late notice, then the Requesting Party shall pay a late
payment charge of two percent (2%) of the amount of the statement for each calendar month or fraction
thereof that the statement remains unpaid; provided, however, that such rate shall never be usurious or exceed
the maximum rate permitted by law.
(c) If any Party remains delinquent in any payments due hereunder for a period of sixty (60) days,
then the Party due payment may exercise any legal right or remedy to which it is entitled, including termination
of this Agreement.
ARTICLE V.
REMEDIES
5.1 General. If any Party fails to comply with its obligations in accordance with the notice and
opportunity to cure provisions set forth in Section 5.3 below, the other Party shall have the right to request any
court, agency or other governmental authority of appropriate jurisdiction to grant any and all remedies which
are appropriate to assure conformance to the provisions of this Agreement. The defaulting Party slall be liable
to the other for all costs actually incurred in pursuing such remedies, including reasonable attorneys' fees, and
for any penalties or fines as a result of the failure to comply with the terms.
5.2 Disputed Payment. If either Party at any time disputes the amount to be paid by it to the other Party,
the Party shall nevertheless promptly make the disputed payment or payments, but the disputing Party shall
thereafter have the right to seek a determination whether the amount charged by the other Party is in
accordance with the terms of this Agreement.
53 Notice and Opportunity to Cure. Notwithstanding any provision in this Agreement to the contrary,
if either party (referred to herein as the "Defaulting Party') fails to comply with its obligations under this
Agreement or is otherwise in breach or default under this Agreement (collectively, a "Default') then the other
party (referred to herein as the "Non -Defaulting Party) shall not have any right to invoke any rights or
remedies with respect to any Default until and unless: (i) the Non -Defaulting Party delivers to the Defaulting
Party a written notice (the "Default Notice") which specifies all of the particulars of the Default and specifies
the actions necessary to cure the Default; and (ii) the Defaulting Party fails to cure, within thirty (30) days after
the Defaulting Party's receipt of the Default Notice, any matters specified in the Default Notice which maybe
cured solely by the payment of money or the Defaulting Party fails to commence, within a reasonable period of
time after receipt of the Default Notice (to be determined according to the nature of the breach or default), the
cure of any matters specified in the Default Notice which cannot be cured solely by the payment of money, or
fails to thereafter pursue curative action with reasonable diligence to completion.
ARTICLE VI.
TERM AND TERMINATION
6.1 Term. This Agreement shall be effective as of the Effective Date, and shall continue in effect until
September 30, 2020 unless earlier terminated by either Party in accordance with section 6.2.
6.2 Termination.
(a) Either Party to this Agreement may terminate this Agreement by providing not less than 60
days written notice of termination to the other Party.
(b) Either Party to this Agreement may terminate this Agreement as a result of a material breach
by the other Party by providing written notice of termination after providing the defaulting Party notice and
opportunity to cure in accordance with the terms of this Agreement.
Upon termination of this Agreement, each Party shall discontinue taking Water from the other Party.
Each Party may physically seal or disconnect the Point of Delivery Meter or any other components in its water
system as may be necessary to prevent the further delivery or receipt of Water at the Point of Delivery.
ARTICLE VII.
GENERAL PROVISIONS
7.1 Authority. This Agreement is made in part under the authority conferred in Chapter 791, Texas
Government Code.
7.2 Force Majeure. In the event that any Party is rendered unable, wholly or in part, to perform
any of its obligations under this Agreement (by reason of failure or national moratorium of operation of the
banks, transfer agents, brokers, stock exchanges or modes of transportation; or work stoppages or restraint by
court order or other public authority; or action or inaction concerning governmental or regulatory
authorizations; or transportation delay; or death or personal injury of a representative of eifier Party whose
signature is necessary), upon the provision of written notice which fully relates the particulars of the claimed
force majeure, including but not limited to the dates on which it commenced and ceased or is expected to cease
by the Parry claiming force majeure to the other Party as soon as is reasonably practicable after the occurrence
of the cause relied upon, the obligations of the Party claiming force majeure, to the extent they are affected by
the force majeure, shall be suspended during the continuance of any inability of performance so . This
Agreement shall not be terminated by reason of any such cause but shall remain in full force and effect. Either
Party rendered unable to fulfill any of its obligations under this Agreement by reason of force majeure shall
exercise the utmost diligence to remove such inability.
7.3 Modification. This Agreement shall be subject to change or modification only with the mutual
written consent of the Parties.
7.4 Sole Agreement. This Agreement constitutes the sole and only agreement of the Parties
concerning the subject matter hereof and supersedes any prior understanding or oral or written agreements
between the District and the City relating thereto.
7.5 Captions. The captions appearing at the first of each numbered section or paragraph in this
Agreement are included solely for convenience and shall never be considered or given any effect in construing
this Agreement.
7.6 Waiver. Failure to enforce or the waiver of any provision of this Agreement or any breach or
nonperformance by the District or the City shall not be deemed a waiver by the District or the City of the right
in the future to demand strict compliance and performance of any provision of this Agreement
7.7 Severability. The provisions of this Agreement are severable, and if any provision or part of this
Agreement shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any
reason, the remainder of this Agreement and the application of such provision or part of this Agreement to
other persons or circumstances shall not be affected thereby.
7.8 Cooperation. Each Party hereby agrees that it will take all actions necessary to fully carry out the
purposes and intent of this Agreement.
7.9 Addresses and Notice. All notices, demands, requests, and other communications between the Parties
required or permitted hereunder shall be in writing, except where otherwise expressly provided herein, and
shall be deemed to be delivered when actually received; provided that if the communication is sent by
depositing it in a regularly maintained receptacle for the United States mail, registered or certified, postage
prepaid, addressed to the appropriate addressee as follows, or to such other location or address for a party for
which notice has been given by such party in the same manner, the same shall be deemed to have been
received on the second mail delivery day following the day on which the communication is so postmarked.
If to Georgetown:
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
If to Round Rock:
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
7.10 Assignability. Neither Party may assign its interests in this Agreement without the prior written
consent of the other Party.
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be signed, sealed and
attested in duplicate by their duly authorized officers, this the day of 2007.
CITY OF GEORGETOWN, TEXAS
LE
City Secretary
ATTEST:
Patricia E. Carls, City Attorney
Gary Nelon, Mayor
CITY OF ROUND ROCK, TEXAS
M
City Secretary
ATTEST:
Stephen L. Sheets, City Attorney
Nyle Maxwell, Mayor
Council Meeting Date: September 11, 2007 Item No. V
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to award a contract to Lewis Contractors, Inc. of Bertram, Texas, for
the construction of the South Fork Interceptor Phase A and to set a budget in the amount of $2,091,089.00.
ITEM SUMMARY:
Project will install 2,328 ft of 42" gravity sewer main along the South Fork of the San Gabriel River, and
decommissions the old South Fork Lift Station. The interceptor has been sized to meet the needs of the ultimate
build out of the City of Georgetown retail sewer demand in the area. Bids were received and opened on July 31,
2007, at 1:30 P.M. from 3 firms. The bids were received in the form of a base bid with 1 alternate bid item.
The engineering firm responsible to review the bids, Camp, Dresser, and McKee (CDM), recommended
the award of the bid to Lewis Contractors, Inc. of Bertram, Texas at an amount of $2,092,089.00.
SPECIAL CONSIDERATIONS:
Sizing of the line provides for development in the South Fork basin and provides substantial time until a
parallel line is needed for regional sewer development. The sizing also meets the needs of the landowners
affected by the route of the line by providing a significant period of time between the construction of this line
and the future parallel line.
Existing contract with Forestville Associates (Simon Properties) dated September 11, 2003 requires the
installation of the gravity sewer main with payment by the City if under the off-site improvement cap of
$3,500,000.00 and payment by Forestville Associates for amounts over the cap. Existing contract with San
Gabriel Harvard (Shadow Canyon) dated October 20, 2005 requires completion of this line by October 1, 2008.
Agreement with Laredo WO, LTD (Water Oak) dated November 17, 2006 requires completion of this line by Dec
31, 2007. City lift station decommissioning plans require the installation of this line by 2008.
FINANCIAL IMPACT:
This project will be funded from the Wastewater Capital Improvements Fund 651-101-6607-00.$453,892
of the total will be reimbursed from impact fees received from new connections in the South Fork service area.
$1,637,197.20 will be repaid by Laredo WO, LTD and Forestville Associates upon completion.
GUS BOARD RECOMMENDATION:
This item was recommended by the GUS Board for Council approval at the August 9, 2007 GUS
Board meeting.
STAFF RECOMMENDATION:
The Staff recommends the award of the bid to Lewis Contractors, Inc. in the amount of $2,091,089.00.
COMMENTS:
NONE
ATTACHMENTS:
Engineer recommendation letter — Dated August 3, 2007
Bid Tabulation
Engineer Call Report
Engineer Letter dated August 16, 2007
Cost Share Calculation
Submitted by: Glenn Dishong,
Water Services Director
for Utility
12357-A Riata Trace Parkway, Suite 210
Austin, Texas 78727
tel: 512 346-1100
fax: 512 345-1483
August 3, 2007
Mr. Thomas R. Benz, P.E.
Systems Engineer Manager
Georgetown Utility Systems
City of Georgetown
300 Industrial Avenue
Georgetown, Texas 78626
RE: City of Georgetown
South Fork San Gabriel River Wastewater Interceptor Phase A
Recommendation of Award
Dear Mr. Benz:
On July 31, 2007 at 1:30 p.m. at the City of Georgetown offices of the Georgetown Utility
Systems, bids were received and opened for the South Fork San Gabriel River Wastewater
Interceptor Phase A. The project includes 2,328 linear feet of 42 -inch wastewater line and 575
linear feet of 12 -inch wastewater line, which provides improved overall wastewater system
capacity in order to serve development in the South Fork San Gabriel River basin and remove
the South Fork San Gabriel Lift Station. Three bids were received as shown in the summary
tabulation below. A detailed tabulation of the unit price items is attached to this letter.
Company Name
Base Bid
Amount
(Open Cut River Crossing
Alternate Bid
Amount
Tunnel River Crossing)
Central Road & Utility, LTD.
$1,697,926.00
$2,339,884.00
Lewis Contractors, Inc.
$2,091,089.00
$2,504,580.00
Joe Bland Construction, LP
$2,267,820.00
$2,771,886.00
The low bidder was Central Road & Utility, LTD of San Marcos, Texas. Based on the
information they provided in Section 00400, Statement of Bidders Experience, they have been
in existence as a business for 3-1/2 years and have not had any construction experience with
Hobas pipe in the size required by this project. Section 00400 states "A minimum of five (5)
years existence as a business is required under the current company name." We believe they
are not qualified to perform the work included in the Plans and Specifications within the
conditions of the Contract. Therefore, Camp Dresser & McKee recommends that the City of
Georgetown award the South Fork San Gabriel River Wastewater Interceptor Phase A
contract to Lewis Contractors, Inc. for the Base Bid in the amount of $2,091,089. They have
been in existence as a business for 30 years, have construction experience with the pipe size
and depth of this project and with Hobas pipe.
consulting -engineering -construction -operations W 9GeorgetownVSouttr Fork San Gebrlel\Conespondenc kAward.doc
r♦ �
Thomas R. Benz, P.E.
August 3, 2007
Page 2
If you need additional information regarding this recommendation of award, or have any
questions regarding the bids, please call.
Sincerely,
Wil am T. Reynolds, Wil�aI
Camp Dresser & McK(
Enclosure
c: Michael Hallmark, GUS w/enc
WAGeorgatown\South Fork San GabriehConaspondenceWward.doc
South Fork San Gabriel River Wastewater Interceptor Phase A
Match Bid July 31, 2007
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Bid Tab 7_31 07.x15 Page 1
12357-A Riata Trace Parkway, Suite 210
Austin, TX 78727
Ph: 512.346.1100
Fax: 512.345.1483
South Fork San Gabriel River
Project: Wastewater Interceptor Phase A
Job No. 2048-41545
Telephone Call Report
Client: City of Georgetown
Date:
Wo Phone in F- Phone out r Current Project F- Prospective Project/Marketing r Administrative F- Other
Made-WReceived by:
Talked with:
Subject:
Distribution:
Discussion:
William T. Reynolds, P.E.
Robert Martinez, Central Road & Utility, Ltd.
Bidding on the referenced project.
During the bidding phase of the referenced project, Mr. Martinez called and asked if Central Road and Utility could bid on
the project if they only had 3'/: years of experience.
My response was yes. Their bid would be evaluated accordingly.
My thinking was that this is a public bid process and that I couldn't tell any bidder that they could or couldn't bid on the
project.
Action Required (what, who, when):
4
12357-A Biata Trace Parkway, Suite 210
Austin, Texas 78727
tel: 512 346-1100
fax: 512 345-1483
August 16, 2007
Mr. Tom Benz
City of Georgetown
Georgetown Utility Systems
300 Industrial Avenue
Georgetown, TX 78626
Subject: South Fork San Gabriel River Wastewater Interceptor Phase A
Additional Information Regarding Recommendation of Award
Dear Mr. Benz:
The following information is CDM's response to provide additional information on our
recommendation of award for the construction of the South Fork San Gabriel River
Wastewater Interceptor Phase A project. The bid package provided to each bidder specified,
among other things, the submittal requirements and the process for bid evaluation.
The requirement to submit a Statement of Bidders Experience, its use in determining the best
value for the City, and the specific experience requirements responsive to the bid are
contained in Section 00100, Articles 3, 14, and 15; and Section 0400, all outlined in Exhibit A
"Excerpts from Instruction to Bidders" attached. The experience requirements are outlined
in Exhibit B "Excerpts from Statement of Bidders Experience' attached, with summarized
evaluation provided below:
Requirement
3.1.1 Company longevity
3.1.2 Experience in waterway
3.1.2 Experience in rock
3.1.2 Experience in groundwater
3.1.2 Experience direct jacking in rock
3.1.2 Experience trenching large dia. pipe
3.1.2 Experience with Edward's req's
3.1.2 Experience with jacking design
3.2 Project manager experience
3.2 Superintendent experience
Evaluation
Comments
Does Not Meet
31/2 years vs. 5 years required
Does Not Meet
No projects listed
Meets
One project listed
Does Not Meet
No projects listed
Does Not Meet
Trenching Contractor listed
Does Not Meet
No project listed, subcon. listed
Does Not Meet
No projects listed
Does Not Meet
No projects listed
Does Not Meet
No comparable projects listed
Does Not Meet
No comparable projects listed
Based on the above evaluation, CDM believes that Central Road and Utility, Ltd. is not
qualified to perform the work included in the Plans and Specifications within the conditions
of the Contract. Therefore, we recommend that the City of Georgetown award the South Fork
San Gabriel River Wastewater Interceptor Phase A contract to Lewis Contractors, Inc. for the
Base Bid amount of $2,091,089. They have been in existence as a business for 30 years and
have construction experience with the pipe size and depth of this project and with Hobas
pipe.
W:\Georgeto ZouON Fork San Gabnel\GOnaapOnden sUr to Benz 8-16.07
consulting -engineering - construction -operations
Mr. Tom Benz
August 16, 2007
Page Two
If you have any questions or need additional information, please call.
Sincerely,
W2.eynolds, P.
Camp Dresser & McKet
Attachments
c: Glen W. Dishong, GUS, w/attach
Michael Hallmark, GUS, w/ attach
Allen D. Woelke, CDM, w/attach
W \Georyetov \SouN Fork Ban GabriaACorraspondencaUr to Beni S-16-0]
Exhibit A
Excerpts from Instruction to Bidders, Section 00100
ARTICLE 3: QUALIFICATIONS OF BIDDERS
3.01 To demonstrate Bidder's qualifications to perform the Work, Bidder shall
submit written evidence such as financial data, previous experience, present
commitments, and such other data as may be called for below.
A. Section 00400 Statement of Bidder's Experience, including Attachments
A - I.
ARTICLE 14: BASIS OF BID; EVALUATION OF BIDS
14.01 Unit Price
A. Bidders shall submit a Bid on a unit price basis for each item of Work listed
in the Bid schedule.
B. The total of all estimated prices will be determined as the sum of the
products of the estimated quantity of each item and the unit price Bid for the
item. The final quantities and Contract Price will be determined in
accordance with paragraph 11.03 of the General Conditions.
C. Discrepancies between the multiplication of units of Work and unit prices
will be resolved in favor of the unit prices. Discrepancies between the
indicated sum of any column of figures and the correct sum thereof will be
resolved in favor of the correct sum. Discrepancies between words and
figures will be resolved in favor of the words.
14.02 The Bid price shall include such amounts as the Bidder deems proper for
overhead and profit on account of cash allowances, if any, named in the Contract
Documents as provided in paragraph 11.03 of the General Conditions.
14.03 As stated allowed by Texas Local Government Code § 252.043, the Contract shall
be awarded to the Bidder who provides goods or services at the best value for
OWNER. In determining the best value for the OWNER, the OWNER will
consider the following:
A. the purchase price;
B. the reputation of the bidder and of the bidder's goods or services;
C. the quality of the bidder's goods or services;
D. the extent to which the goods or services meet the OWNER'S needs;
E. the bidder's past relationship with the OWNER
F. the impact on the ability of the OWNER to comply with laws and rules
relating to contracting with historically underutilized businesses and
nonprofit organizations employing persons with disabilities;
G. the total long-term cost to the OWNER to acquire the bidder's goods or
services; and
H. the criteria stated in the Statement of Bidder's Experience.
W AGeorgetownlSwth Fork San GebdehGanespondenceltr to Benz 8.16-07
ARTICLE 15: SUBMITTAL OF BID
15.01 Each prospective Bidder is furnished one copy of the Bidding Documents with
one separate unbound copy each of the Bid form, and, if required, the Bid Bond.
The unbound copy of the Bid form is to be completed and submitted with the
Bid security and the following data:
A. Section 00400 Statement of Bidder's Experience including Attachments
A - I.
WAGeorgetowMSwth Fork San GabrleAConesGondenoe\LV to Benz 8-16-07
3.2 In order to make a responsive Bid, the Bidder must provide information on the
experience of its proposed Project Manager and Superintendent by completing
Attachment C, located at the end of this Section. The submitted Attachment C
should include information and resumes for both the Bidder's Project Manager
and Superintendent, indicating a minimum of three (3) successfully completed
projects of similar size, complexity, and scope within the past ten (10) years. The
forms to complete this requirement are attached hereto as Attachment C.
WAGeorgetcwn\South Fork San Gabnel\Corresp ndenceltr W Benz B-16-07
South Fork Interceptor
Phase A
Cost Share Calculation
Total Project Costs
Costs of Lift Station Removal
Cost of interceptor only
Pipe Size Differential
Lift Station Decomm
42 27" 21"
$ 2,091,089.00 $ 1,813,889.20 $ 1,672,536.20
$ 176,692.00 $ 176,692.00 $ 176,692.00
$ 1,914,397.00 $ 1,637,197.20 $ 1,495,844.20
$ 277,199.80 $ 141,353.00
$ 176,692.00
Simon Cost $ 1,495,844.20
ABG Cost $ 141,353.00
City Cost $ 453,891.80