HomeMy WebLinkAboutAgenda CC 06.26.2007Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
Tuesday, June 26, 2007
The Georgetown City Council will meet on Tuesday, June 26, 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
-Transamerican Underground vs. Arch Insurance Co., C. C. Carleton Industries, and Third Party Defendant the City of
Georgetown, Cause No. 06-121-C277, District Court of Williamson County, 277th Judicial District
- Discussion and possible action regarding Williamson County MUD No. 19, request for sewer Certificate of Convenience and
Necessity (Application No. 35375-C) (SOAR Docket No. 582-07-0786; TCEQ Docket No. 2006 - 1810 - UCR)
- Mark Shelton v. Rodney Eric KIse, Sharma Elaine Shelly, David Earl Morgan, City of Georgetown , Civil Action No.
A -07 -CA -063 -LY, in the United States District Court for the Western District of Texas Austin Division
- Discussion and possible action regarding Williamson County MUD No. 19 request for sewer Certificate of Convenience and
Necessity (Application No. 35375-C) (SOAH Docket No. 582-07-0786; TCEQ Docket No. 2006 - 1810 - UCR)
- Discussion and possible action regarding "A resolution authorizing the City of Leander to enter into a Memorandum of
Understanding among the City of Leander, the City of Liberty Hill, Williamson County MUD No. 19, and the Lively Tract, to
proceed with necessary planning for the development of the South San Gabriel Wastewater Treatment Plant."
B Sec 551.072: Deliberations about Real Property
- Consideration and possible action concerning the authorization of a proposed Pipeline License between the City of
Georgetown and Georgetown Railroad Company, Inc. ("GRR") for an underground crossing of its railroad facilities in
connection with Project Lone Star Electric Service Project.
C Sec.551.074: Personnel Matters
- Evaluation of City Secretary and Municipal Judge
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.)
D Call to Order
E Pledge of Allegiance
F Comments from the dais
- Welcome to Audience and Opening Comments
- Review of procedure for addressing the City Council
- Proclamation for the American Family Reunion
- Graduation Ceremony for the participants in the Georgetown Citizen's Academy
City Council Agenda/June 26, 2007
Page 1 of 3 Pages
G Announcements and Comments from City Manager
H Public Wishing to Address Council
As of the deadline, there were no persons who requested to address the Council on items other than already
posted on the Agenda.
I Action from Executive Session
Statutory Consent Agenda
The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with
one single vote. A councilmember may pull any item from the Consent Agenda in order that the council
discuss and act upon it individually as part of the Regular Agenda.
J Consideration and possible action to approve the minutes of the Council Workshop on Monday, June 11, the
Council Meeting on Tuesday, June 12, and the Annual Council Ethics Training on Monday, June 18, 2007 —
Sandra D. Lee, City Secretary
K Consideration and possible action regarding the request for consent to the assignments of the Advanced
Services, Inc. lease and the Georgetown Aviation Facilities, LLC lease at the Georgetown Municipal Airport to
lenders in order to allow the lessees to obtain financing -- Patricia E. Carls, City Attorney
L Consideration and possible action to approve the Fiscal and Budgetary Policy to be used in preparing the
2007/08 Annual Operating Plan and to guide operations for the upcoming fiscal year — Mick! Rundell, Director of
Finance and Administration
M Consideration and possible action to approve the sale of obsolete/scrap electric meters to Texas Meter and
Device Company in the estimated amount of $750.00 -- Marsha Iwers, Purchasing Manager and Micki Rundell,
Director of Finance and Administration
N Consideration of a Resolution authorizing the City Attorney to issue a Quit Claim Deed to be filed abandoning
the ten -foot (10') Public Utility Easements along the common property lines between Lots 112 and 113 and
Lots 113 and 114 in the Planned Unit Development of Cimarron Hills, Phase 1, Section 3, Block K, located
at 209, 211, and 213 Green Leaf Lane -- James G. Babcock, AICP, Planning Specialist and Bobby Ray, AICP,
Director of Planning and Development
0 Consideration and possible action regarding a Resolution Finding Public Convenience and Necessity and
authorizing eminent domain proceedings, if necessary, for certain Public Utility Infrastructure Improvements
pertaining to the acquisition of land from Georgetown Railroad Company, Inc. for electric utility purposes --
Patricia E. Carts, City Attorney
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
P Consideration and possible action to approve the appointment of Jessica Hamilton as a Deputy City Secretary
-- Sandra D. Lee, City Secretary and Paul Brandenburg, City Manager
Q Consideration and possible action to approve a Performance Agreement regarding Orthopuetics, L.P. --
Mark Thomas, Director of Economic Development and Paul Brandenburg, City Manager
R Discussion and Possible Action regarding the status of the Conservation Subdivision Task Force and
Ordinance — Jordan Maddox, Planner I and Bobby Ray, AICP, Director of Planning and Development
S Forwarded from the Georgetown Utility System (GUS) Advisory Board
1. Consideration and possible action to award a bid for Brush Grinding Services in the amount of
$40,035.00 to Austin Wood Recycling -- Rachel Osgood, Environmental Services, Jim Briggs, Assistant
City Manager for Utility Operations
2. Consideration and possible action to award the annual bid for flexible base material, sand and rock to
Georgetown Transportation in the estimated total amount of $96,500.00 -- Marsha Iwers, Purchasing
Manager and Jim Briggs, Assistant City Manager for Utility Operations
3. Consideration and possible action to approve a contract amendment between the City of Georgetown and
Kasberg, Patrick & Associates, LP for professional services related to the engineering for the 2006/2007
and 2007/2008 Street Rehabilitation Projects in the amount of $300,500.00 -- Mark Miller, Transportation
Services and Jim Briggs, Assistant City Manager for Utility Operations
City Council Agenda/June 26, 2007
Page 2 of 3 Pages
4. Consideration and possible action to award the annual bid for electrical conduit —Marsha Iwers,
Purchasing Manager and Jim Briggs, Assistant City Manager for Utility Operations
5. Consideration and possible action to award a contract for the installation of fiber optics outside plant
cable infrastructure by unit price -- Marsha Iwers, Purchasing Manager and Jim Briggs, Assistant City
Manager for Utility Operations
6. Consideration and possible action regarding a resolution authorizing the denial of Atmos Energy
Corporation's Mid -Tex Division's ("Atmos Mid -Tex") gas reliability Infrastructure program adjustments
for calendar year 2006; authorizing participation in a coalition of cities known as Atmos Texas Municipalities
("ATM"); authorizing the hiring of lawyers and rate experts; authorizing the city's participation to the full
extent permitted by law at the Railroad Commission of Texas in GUD docket Nos. 9734 and 9726; requiring
the reimbursement of municipal rate case expenses — Patricia E. Cads, City Attorney
T Second Readings
1. Second Reading of an ordinance repealing and replacing Section 13.04.180 of the City Code of Ordinances
relating to "Rates and Charges—Solid Waste Disposal -Schedule" — Kathy Ragsdale, Utility Office
Manager and Mick! Rundell, Director of Finance and Administration
2. Second Reading of an Ordinance relating to the classifications and number of positions (Strength of
Force) for all City of Georgetown Fire Fighters and Police Officers pursuant to Chapter 143 of the Texas
Local Government Code pertaining to Civil Service — Kevin Russell, Human Resources Director and Paul
Brandenburg, City Manager
U Public Hearing and First Reading of Ordinances for 1) a Comprehensive Plan Amendment to change the
Future Land Use designation from Residential to Office/Service for 0.727 acres in the Nicholas Porter Survey,
Abstract 497, and 2) a Rezoning from the RS, Residential Single -Family district to the OF, Office district for
Lots 11 and 12 in the Williams Addition, Block 1, and the 0.727 acres out of the Nicholas Porter Survey,
Abstract No. 497, located at 1633 Williams Drive — Valerie Kreger, Planner III and Bobby Ray, AICP, Director of
Planning and Development
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/June 26, 2007
Page 3 of 3 Pages
Council meeting date: June 26, 2007 Item No._���
AGENDA ITEM COVER SHEET
UB ECT:
Consideration and possible action regarding a "Resolution Of The City Council Of The City Of
Georgetown Finding Public Convenience And Necessity And Authorizing Eminent Domain
Proceedings, If Necessary, For Certain Public Utility Infrastructure Improvements; And Establishing
An Effective Date", pertaining to the acquisition of land from Georgetown Railroad Company, Inc. for
electric utility purposes.
ITEM SUMMARY:
The City needs to acquire an easement across property owned by the Georgetown Railroad Company, Inc.
in order to install electric utility improvements that will connect with the Chief Brady Substation.
The attached resolution enables the eminent domain process to commence in the event that good faith
negotiations fail.
The terms of any offer to the landowner for acquisition of the property will be presented to City Council at
a later date.
ATTACHMENTS:
Resolution
Submitted by:
Patricia E. Carls, City Attorney
19 *111 Bill IO BaI3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GEORGETOWN FINDING PUBLIC CONVENIENCE
AND NECESSITY AND AUTHORIZING EMINENT
DOMAIN PROCEEDINGS, IF NECESSARY, FOR CERTAIN
PUBLIC UTILITY INFRASTRUCTURE IMPROVEMENTS;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in order to promote public health, safety, and welfare, the City of
Georgetown (the "City") hereby finds that public convenience and necessity requires acquisition
of easements upon, over, under and/or across property described in the attached Exhibit "A",
which exhibit is incorporated herein by reference as if fully set out and subsequently referred to
collectively as the "Property," for construction, reconstruction, improvement, operation and
maintenance and extension of public utility lines (the "Project"); and
WHEREAS, in order to promote public health, safety, and welfare, the City of
Georgetown (the "City") hereby fords that public convenience and necessity requires acquisition
of utility easements on the sites described in the attached Exhibit "A", which exhibit is
incorporated herein by reference as if fully set out and subsequently referred to collectively as
the "Utility Easement(s)" in connection with the "Project'; and,
WHEREAS, in order to effectuate the Project, it will be necessary and convenient that
agents, representatives, or employees of the City, lay out the utility lines and acquire the Utility
Easements upon, over, under and across the Property for the purpose of construction,
reconstruction, operation, and maintenance of utility lines, and appurtenances thereto; and,
WHEREAS, it may be necessary to hire engineers, surveyors, appraisers, attorneys, title
companies, architects, or other persons or companies to effect the laying out, establishment, and
acquisition of the Utility Easements, and the construction of utility lines, and appurtenances;
WHEREAS, in order to acquire the Utility Easements, it will be or has been necessary for
the City's agents, representatives, or employees to enter upon the Property for the purpose of
surveying and establishing said land titles and to determine adequate compensation for said land,
to conduct tests, and to negotiate with the owners thereof for the purchase of the land titles; and,
WHEREAS, it was necessary to set out procedures for the establishment and approval of
just compensation for each of the parcels to be acquired for the Project;
Resolution No.
Georgetown Railroad Co. PCN -ED Resolution
Page 1 of 3
Now, THEREFORE, be it RESOLVED by the City Council of the City of Georgetown:
1. That in order to promote the public health, safety, and welfare, public convenience
and necessity require the construction, reconstruction, improvement, operation and
maintenance and extension of water, wastewater, electric, or other public utility lines
on the real property described in the attached Exhibit "A".
2. That public convenience and necessity require the acquisition of easements upon,
over, under and across the Property and other properties for the purposes of
construction, reconstruction, improvement, operation, and maintenance and extension
of water, wastewater, electric, or other public utility lines, and appurtenances thereto.
3. That the City's agents, representatives, or employees are hereby authorized to:
a. Lay out the exact location of the land area needed from the Property or
other properties;
b. Hire such engineers, surveyors, appraisers, title companies, architects, and
other persons or companies needed to effect the laying out of the facilities,
the establishment and acquisition of the required easements, and the
construction of the utility lines, and appurtenances thereto;
C. Enter upon any property necessary for the purpose of surveying and
establishing the title, to determine adequate compensation for the
easements, and to conduct tests;
d. Negotiate with the owners of any such properties for the purchase thereof;
e. To purchase easement title to the Utility Easement, and execute all
documents necessary to acquire such easements, all subject to express
approval of the specific, negotiated terms by the City Council;
f Initiate eminent domain proceedings against the owner(s) of the Property
for easement title for the Utility Easement in the event the owner(s) fail to
accept a bona fide offer to purchase the Utility Easement(s); and
g. Take whatever further actions deemed appropriate to economically effect
the establishment of the Project and appurtenances thereto.
5. That all previous acts and proceedings done or initiated by the City's agents,
representatives, or employees for the establishment of the Project, including the
negotiation for and/or acquisition of any necessary property rights in the Property and
Utility Easement are hereby authorized, ratified, approved, confirmed, and validated.
This resolution shall take effect immediately from and after its passage.
Resolution No.
Georgetown Railroad Co. PCN -ED Resolution
Page 2 of 3
6. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest
thereto on behalf of the City of Georgetown.
7. This resolution shall be effective immediately upon adoption.
RESOLVED by the City Council of the City of Georgetown this _ day of June, 2007.
ATTEST: THE CITY OF GEORGETOWN:
Un
Sandra D. Lee, City Secretary
APPROVED AS TO FORM:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
Resolution No.
Georgetown Railroad Co. PCN -ED Resolution
Page 3 of 3
Gary Nelon, Mayor
EXHIBIT
LEGAL DESCRIPTION FOR A PROPOSED PUBLIC UTILITY EASEMENT
BEING 0.038 of an acre of land, situated in the John Powell Survey, Abstract No. 491, in
Williamson County, Texas, said land being a portion of the Georgetown Railroad 100 -foot -wide
Right -of -Way as conveyed to the Georgetown Railroad Company, Inc., by deed as recorded in
Volume 429, Page 179, of the Deed Records of Williamson County, Texas. Surveyed on the
ground in the month of February, 2007, under the supervision of Brian F. Peterson, Registered
Professional Land Surveyor, and being more particularly described as follows;
BEGINNING at an iron pin found on the West line of the above referenced Georgetown
Railroad 100 -foot -wide Right -of -Way, marking the Southwest comer of that certain Electric
Line Easement and Right -of -Way, called 0.024 of an acre, as conveyed to the Lower Colorado
River Authority as recorded in Volume 2253, Page 154 of the Deed Records of Williamson
County, Texas, for the Northwest comer hereof;
THENCE, S 87.26-15" E, 110.66 feet to an iron pin set on the East line of the said Georgetown
Railroad 100 -foot wide Right -of -Way for the Northeast comer of the said 0.024 of an acre
Electric Line Easement and Right -of -Way, for the Northeast comer hereof;
THENCE, along the said East line of the Georgetown Railroad 100 -foot -wide Right -of -Way,
S 18°25'45" E, 16.07 feet to an iron pin set for the Southeast comer hereof;
THENCE, N 87°26'15" W, 110.66 feet to an iron pin set on the said West line of the
Georgetown Railroad 100 -foot -wide Right -of -Way, for the Southwest corner hereof;
THENCE, N 18°25'45" W. 16.07 feet to the Place and BEGINNING and containing 0.038 of an
acre of land.
Note: The above referenced 0.038 of an acre tract of land shall have the benefit of a 20 -foot -
wide temporary construction easement along, adjacent to and 20 feet in width along the entire
South line of the said 0.038 of an acre tract.
STATE OF TEXAS }
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON }
I, Brian F. Peterson, Registered Professional Land Surveyor, do hereby certify that this survey
was made on the ground of the property legally described hereon and is correct.
To certify which, witness mom' hand and seal at Georgetown, Williamson County, Texas, this the
9t�i day of 2007, A.D.
Brian F. Peterson
Registe • onal Lend Surveyor, No. 3967
State of Texas
21033d -Id
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Council Meeting Date: June 26, 2007 Item No
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to award a bid for Brush Grinding Services in the
amount of $40,035.00 to Austin Wood Recycling.
ITEM SUMMARY:
In June 2007, as part of routine operations, staff solicited bids for the grinding and
removal of the brush pile at the Collection Station. Staff determined there would be cost
savings by grinding twice and storing on-site versus the cost of grinding once and removal
charges. Two grinds will reduce the current pile by approximately a 3:1 ratio, turning it into
mulch which is then made available free of charge to City residents.
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT:
$12,522.60 is available in the Brush/Chipping budget; the balance will be taken from the
Landfill Clean-up fund.
STAFF RECOMMENDATION:
Staff recommends approval of this bid.
COMMENTS:
Of the approximate 19,000 cu. yds, 1,880 cu. yds were collected by TDS. TDS will
reimburse Environmental Services for grinding costs of their portion.
ATTACHMENTS:
Bid tabulation sheet
Exhibits A, B
Contract
Submitted By: Rachel Osgood,'
Coordinator,
Environmental Services
Utility Operations
CITY OF GEORGETOWN
BRUSH GRINDING SERVICES FOR MULCH
BID NO. 27036
BID TABULATION SHEET
DESCRIPTION TDS AUSTIN WOOD
Brush For First Grinding
Est. 19,000 cubic yards - price per cu yd. $ 2.00 $ 1.57
Est. Total cost for first grinding $ 38,000.00 $ 29,830.00
Brush for Second grinding
Est. 6,500 cubic yards - price per cu yd. $ 1.65 $ 1.57
Est. Total cost for second grinding $ 10,725.00 $ 10,205.00
TOTAL $ 48,725.00 $ 40,035.00 `
Exceptions: Austin Wood Recycling will load and haul first grinding mulch for $5,000
` Low Bid
No Response:
Georgetown Transportation
National Tree
Thompson Tree Services
6/20/2007
BRUSH GRINDING SERVICES FOR MULCH
AT CITY OF GEORGETOWN COLLECTION STATION
The City of Georgetown, hereinafter referred to as the "City", and Austin Wood Recycling
hereinafter referred to as the "Contractor", do hereby enter into this contract for brush grinding
services to be performed by the Contractor at the Collection Station, 250 W.L. Walden Drive,
Georgetown, Texas 78626.
1. SERVICES TO BE PERFORMED
The Contractor shall provide the brush grinding services at the City of Georgetown
Collection Station as set forth in Exhibit "A," which is attached hereto and made a part
hereof for all legal purposes. Services are to be provided as set forth in Exhibit "A", which is
attached hereto and made a part hereof for all legal purposes. Any changes found necessary
by the City or the Contractor not covered in the original scope of work or specifications shall
be jointly agreed upon by the Contractor and the City. The City assumes no responsibility for
oral instructions or suggestions.
In performing such services, Contractor will be responsible for protecting all existing and
newly installed work, materials, equipment, improvements, utilities, structures, and
vegetation at all times during the course of this contract. Any property or incidentals
damaged during the course of this contract shall be repaired or replaced to the satisfaction of
the City of Georgetown agent.
2. SUPPLIES
Contractor shall provide all supplies to complete brush grindings at the Collection Station.
City will provide containers for the Contractor to dispose of debris from the grinding
process. City will be responsible for emptying containers as needed at no cost to the
Contractor.
3. EQUIPMENT
All machinery, materials, related hand tools, etc., necessary for the execution of this contract
shall be supplied by the Contractor. Equipment shall be brought on site no more than two
weeks in advance of the start of grinding operations and shall be removed from site within
two weeks of the end of grinding operations.
City will provide space near the brush collection site for the Contractor to store their
equipment and the finished product during the mulch operation.
1
4. SERVICE HOURS
The Contractor shall perform all work hereunder between the hours of 8:00 a.m. and 5:00
p.m. on a daily basis. The term "daily" as used in this contract shall mean all Mondays
through Fridays on which the City is open for business. The Environmental Services
Coordinator and other designated personnel shall approve the presence of the Contractor at
any City site before 8:00 a.m. and past 5:00 p.m. or on weekends.
5. LABOR/SUPERVISION
The Contractor shall provide the labor force. A supervisor employed by the Contractor shall
oversee the Contractor's employees when those employees are present at any City site
pursuant to this contract. The supervisor shall manage the daily work schedules and maintain
periodic frequency logs of services performed and other such data as requested by the City of
Georgetown. The supervisor shall, at the request of the City's Environmental Services
Coordinator, provide scheduling information and time during which the Contractor will
perform its obligation under this contract.
6. IDENTIFICATION
Identification must be worn by employees of the Contractor while fulfilling their duties at the
specified City sites. The Contractor shall be responsible for instructing its employees in
regard to safe working habits and shall be responsible for compliance with all Occupational
Safety and Health Administration regulations.
%�700]IT-1XIN2WIC
The Contractor shall maintain accurate employment records on each employee. All such
records shall be made available to the City's Environmental Services Coordinator at her
request. The Contractor, at the request of the City, shall provide the City with other special
reports or information.
:�I`►6Y7��T11(17i:69
The City reserves the right to make unannounced periodic inspections of the work in
progress. The Contractor shall promptly correct any deficiencies in the work as revealed by
the inspection.
9. INSURANCE
Before commencing work the Contractor shall be required, at its own expense, to furnish
the City of Georgetown Purchasing Manager with certified copies of all insurance
certificates indicating the coverage to remain in force throughout the duration of the
2
project. The Contractor shall assume all risk and liability for accidents and damages that
may occur to persons or property during the prosecution of the work.
Certificate of insurance documenting the following required insurance.
(a) Workers' Compensation Insurance at statutory limits, including employer's Liability
coverage at minimum limits. In addition to these, the Contractor must meet each
stipulation required by the Texas Workers Compensation Commission; (Note: if you
have questions concerning these requirements, you are instructed to contact the TID at
(800)252-3439.
(b) Commercial General Liability Insurance at minimum combined single limits of
($1,000,000 per occurrence and $2,000,000 general aggregate) for bodily injury and
property damage, which coverage shall include products/completed operations,
independent contractors, and contractual liability each at $500,000 per occurrence.
Coverage must be written on an occurrence form.
(c) Auto Liability Insurance shall be no less than $500,000 combined single limit each
accident for bodily injury and property damage, including owned, non -owned, and
hired vehicle coverage.
Policies shall be endorsed to provide the City of Georgetown a thirty -(30) day notice of
cancellation, material change in coverage, or non -renewal of coverage. Applicable
policies shall also be endorsed to name the City of Georgetown as an additional insured.
10. DURATION
This contract shall extend according to its terms from the date of its execution to one (1)
years therefrom. Thereafter, this contract may be extended upon mutual agreement of the
parties for two (2) consecutive one (1) year terms. Any additional extension agreed to shall
be made under the same terms and conditions as the original one (1) year term. If after the
primary term an extension is agreed upon by both parties, the only increase in the
Contractor's costs which the City shall pay during any extended term is a documented
increase in the minimum wage. Notwithstanding the foregoing, if at any time the City deems
the Contractor's performance under this contract to be unsatisfactory, it may cancel this
contract to be effective on the date that the City mails notice to the Contractor pursuant to the
notice requirements of this Contract. The Contractor may terminate this contract upon thirty
(30) days written notice to the City should the City breach any of the material terms of this
contract. Should the City fail to appropriate money for this contract for any fiscal year, this
contract shall be cancelled as of the beginning of that fiscal year and the City shall owe no
damages to the Contractor for such cancellation.
91
11. ASSIGNMENT
This contract may not be assigned without the consent of the City.
12. INDEMNITY
The contractor shall indemnify and hold harmless the City for any damages due to any act of
negligence or intentional misconduct on the part of the Contractor or any of its employees or
for any injuries sustained by any of its employees while on City premises. The Contractor
shall at all times be regarded as an independent contractor and shall not at any time act as an
agent for the City or be considered the same.
13. NONWAIVER
Failure of the City to object to the Contractor's performance of any condition or term of this
contract shall not be deemed as a waiver by the City of any terms of this contract.
14. ATTORNEYS' FEES
Should the City find it necessary to file suit to enforce the terms of this contract, Contractor
agrees to pay to the City, upon judgment rendered against the Contractor, such sums as the
court may deem reasonable as attorneys' fees for that action.
15. CHANGE IN SERVICE
The Contractor will notify the Environmental Services Coordinator immediately by
telephone of any unexpected emergency, subsurface or latent physical conditions found;
along with the recommendations for dealing with the matter. Any changes must be jointly
agreed upon by the City and the Contractor. Any additional cost on the project must be
submitted in writing by the Contractor and an amendment to the purchase order will be
issued by the Environmental Services Coordinator covering the change(s) before the work
can proceed.
16. OWNERSHIP OF DOCUMENTS
Upon acceptance or approval by the City, all reports, information and other data given to,
prepared or assembled by the Contractor under this contract, and any other related documents
or items shall become the sole property of the City and shall be delivered to the City, without
restriction of future use. The Contractor may make copies of any and all documents for its
files.
17. RIGHT OF REVIEW AND AUDIT
The City may review any and all of the services performed by the Contractor under this
contract. The City is hereby granted the right to audit, at the City's election, all of the
Contractor's billings relating to the performance of this contract. Contractor agrees to retain
such records for a minimum of one (1) year following completion of this contract.
18. TERMINATION
The City shall have the right to terminate this contract for any cause or no cause effective on
the date that the City mails such notice to the Contractor. The work or any portion of the
work shall be suspended immediately on written notice from the City for no cause, or for any
cause, including but not limited to the following:
(a) Failure of the Contractor to start the work within ten (10) days from the date of written
notice by the City to begin the work;
(b) Reasonable belief that the progress of the work being made by the Contractor is
insufficient to complete the work within the specified time;
(c) Failure of the Contractor to provide sufficient and proper equipment or work force for
properly executing the work;
(d) Reasonable belief that the Contractor has abandoned the work;
(g) Reasonable belief that the Contractor has become insolvent or bankrupt, or otherwise
financially unable to carry on the work;
(h) Deliberate failure on the part of the Contractor to observe any requirements of these
specifications or to comply with any written orders given by the City as authorized
herein;
(i) Failure of the Contractor to promptly make good any defects in materials, services or
workmanship, or any defects of any nature, the correction of which has been directed in
writing by the City; or
(e) Reasonable belief of collusion for the purpose of illegally procuring a contract or
perpetrating fraud on the City.
19. PLACE FOR PERFORMANCE
The obligations of the parties to this contract are performable in Williamson County, Texas.
5
20. GOVERNING LAW
This contract shall be governed by and construed in accordance with the laws and court
decisions of the State of Texas.
21. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this contract shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any provision thereof, and this contract shall be considered
as if such invalid, illegal, or unenforceable provision had never been contained in this
contract.
22. COUNTERPARTS
This contract may be executed in any number of counterparts, each of which shall be deemed
an original and constitute one and the same instrument.
23. CAPTIONS
The captions to the various clauses of this contract are for informational purposes only and
shall not alter the substance of the terms and conditions of this contract.
24. ENTIRE AGREEMENT
This contract embodies the entire agreement of the parties hereto, superseding all oral or
written previous and contemporary agreements between the parties and relating to matters in
this contract, and except as otherwise provided herein cannot be modified without written
agreement of the parties to be attached to and made a part of this contract.
25. FORCE MAJEURE
Neither the City nor Contractor shall be required to perform any term, condition or covenant
in this agreement so long as such performance is delayed or prevented by force majeure,
which shall mean acts of God, civil riots, floods and any other cause not reasonably within
the control of the City or Contractor except as herein provided, and which by the exercise of
due diligence the City or Contractor is unable, wholly or in part, to prevent or overcome.
F-rl�10051u1011&In1331yWR3�
Contractor shall also indemnify, protect and save the City, its directors, officers and
employees harmless against any and all cost or expense of whatever kind of nature, including
costs of litigation, attorney fees and reasonable expenses in connection therewith whether or
not such loss, injury, or damage shall be valid or groundless, and Contractor shall be bound
and obligated to assume the defense thereof, including any settlement negotiations, and shall
pay, liquidate, discharge and satisfy any and all settlement negotiations, and shall pay,
liquidate, discharge and satisfy any and all settlements, judgments, awards or expenses
resulting from or arising out of such injuries, deaths or damages without reimbursement from
the City. It is understood and agreed by the Contractor that in case the City, its officers,
agents, employees, are made defendant in any suit or action and the Contractor fails or
neglects to assume the defense thereof, after having been notified so to do by the City, that
City may compromise and settle or defend any such suit or action, the Contractor shall be
bound and obligated to reimburse the City for the amount expended by it in settling and
compromising any such claim, or in the amount expended by the City in paying any
judgment rendered therein, together with all reasonable attomeys' fees incurred by the City by
reason of its defense or settlement of such claims.
27. INDEMNITY - SUB -CONTRACTORS
The Contractor agrees that it will indemnify and save the City harmless from all claims
growing out of the lawful demands of sub -contractors, laborers, workmen, mechanics,
materialmen and furnishers of machinery and parts thereof equipment, power tools and all
supplies, including commissions, incurred in the furtherance of this contract by the
Contractor. When so desired by the City, the Contractor shall furnish satisfactory evidence
that all obligations of the nature herein above designated have been paid, discharged, or
waived. If the Contractor fails to do so, then the City may at the option of the Contractor
either pay unpaid bills, of which the City has written notice, direct or withhold from the
Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate
any and all such claims until satisfactory evidence is furnished that all liabilities have been
fully discharged, and whereupon payments to the Contractor shall be resumed in full, in
accordance with the terms of this contract, but in no event shall the provisions of this
sentence be construed to impose any obligation upon the City by either the Contractor or its
surety.
28. INDEMNITY - WORKER'S COMPENSATION
The Contractor agrees to be responsible for the worker's compensation insurance on its
employees. If any direct claim for worker's compensation benefits is asserted against the City
by any of said employees or, in the event of death, by their personal representative(s) then
upon written notice from the City, Contractor shall undertake to defend City against such
claim(s) and shall indemnify and hold harmless from any such claim(s) to the extent of all
benefits, costs of litigation, disbursements and attorneys' fees incurred in connection
therewith.
29. INDEMNITY - GOVERNMENT REGULATION
In its performance of this contract, Contractor shall comply with all applicable federal, state
and local laws including, but not limited to, the provisions of the Equal Employment
Opportunity Act and the Fair Labor Standards Act, and will indemnify and hold the City
harmless from and against any claims, demands, suits, losses, damages, costs and expenses
arising out of any non-compliance violation by the Contractor of any such laws.
30. TAXES
The Contractor shall not include federal taxes or State of Texas limited sales excise and use
taxes in their invoices or vouchers and statements of cost. The City is exempt from payment
of such taxes and an exemption certificate will be furnished to the Contractor if requested.
31. REMEDIES
The rights and remedies of the City provided in this paragraph shall not be exclusive and are
in addition to any other rights and remedies provided by law and under this contract
including the right of specific performance and offset.
32. PERMITS AND LICENSES
The Contractor will maintain in effect during the term of this contract any and all federal,
state and local licenses and permits which may be required of the Contractor generally.
33. ADVERTISING
Contractor shall not advertise or publish, without the City s prior consent, the fact that the
City has entered into this contract, except to the extent necessary to comply with proper
requests for information from an authorized representative of the federal, state, or local
government.
34. RIGHT OF ASSURANCE
Whenever one party to this contract in good faith has reason to question the other party's
intent to perform, he may demand that the other party give written assurance of his intent to
perform. In the event that a demand is made and no assurance is given within five (5) days,
the demanding party may treat this failure as an anticipatory repudiation of the contract.
35. PAYMENT
In consideration for the services provided and terms agreed to above by the Contractor, the
City shall pay to the Contractor per month at the rates and under the terms specified in
Exhibit "B" which is attached hereto and made a part hereof for all legal purposes.
Applications for payments shall be due by the 5th business day of each month following the
month in which service was rendered. Notwithstanding the foregoing, the payments to
Contractor under this Agreement shall not exceed $40,035.00 (Forty thousand thirty five
DOLLARS AND 0/100 CENTS).
Payment shall not be considered late if postmarked on the first business day of the month
following the month in which application for payment was made.
36. NOTICES
Any notices required to be provided under this Contract shall be sent by certified mail, return
receipt requested to:
City: City Manager
City of Georgetown
P. O. Box 409
Georgetown, Texas 78627
Contractor:
EXECUTED TO BE EFFECTIVE on July 1, 2007.
CITY OF GEORGETOWN, TEXAS
an
ATTEST:
Sandra D. Lee, City Secretary
APPROVED AS TO FORM:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
Gary Nelon, Mayor
CONTRACTOR
By:
Name:
STATE OF TEXAS
ACKNOWLEDGMENT
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the _ day of ,
2007by a person known to me, in his capacity as of
a Texas corporation, on behalf of said corporation.
Notary Public, State of Texas
10
EXHIBIT "A"
CITY OF GEORGETOWN
BRUSH GRINDING CONTRACT
SERVICES TO BE PROVIDED
General Description of the Services
1.1. Contractor shall grind and regrind brush for mulch. The primary place of work
shall be at City of Georgetown Collection Station, 250 W.L. Walden Drive,
Georgetown, Texas 78626, and all work and services shall be under the terms
and conditions of the Agreement and this Exhibit A.
1.2. The Contractor shall provide the equipment and labor force to complete two
grindings of brush.
1.3. Contractor will be responsible for all cost associated with moving equipment to
and from site. At minimum, a tub grinder will be required.
1.4. Contractor will be required to complete two separate grindings to reduce brush
pile by approximately a 3:1 ratio. The resulting mulch is to be stock piled at
grinding site in a neat and orderly manner. No hauling will be required.
1.5. The City will provide space near the brush collection site for the Contractor to
store their equipment and the finished product during the mulching operation.
1.6. The City understands that the moisture content in the brush to be mulched must
be such that the equipment does not become excessively clogged. The
Contractor and the City will jointly agree on when the brush is appropriate for
grinding.
1.7. The City shall provide containers for the Contractor to dispose of debris from the
grinding process. The City will provide for emptying the container at the landfill
as needed. There shall be no charge for this disposal for the Contractor.
1.8. Equipment shall be brought on site no more than two weeks in advance of the
start of grinding operations and shall be removed from site within two weeks of
the end of grinding operations, unless otherwise agreed to in writing with the
Environmental Services Coordinator (512-930-8131).
1.9. The City shall endeavor, but not guarantee, to have sufficient quantity of material
for 16 hours of grinding activity prior to calling the Contractor for service.
1.10.The Contractor shall be given a minimum one (1) week notice to proceed.
2. DELIVERY, INSTALLATION, INTERRUPTIONS, PROPERTY PROTECTION
2.1. The work must be completed between the hours of 8:00 a.m. and 5:00 p.m
unless the City's Environmental Services Coordinator approves other hours in
advance.
2.2. The work can be accomplished during the weekdays Monday thru Friday
excluding City holidays: New Years Day, Martin Luther King, Jr. Birthday,
Memorial Day, Thanksgiving Day and the day after Thanksgiving, Independence
Day, Labor Day, Christmas Eve and Christmas Day
2.3. The work described in this specification shall be done with the least
inconvenience to City of Georgetown. Vehicles must have egress capabilities at
all times. The amount of time that normal operations are interrupted must be
kept to an absolute minimum and shall be coordinated with the Environmental
Services Coordinator (512-930-8131).
2.4. The Contractor is responsible to protect all existing and newly installed work,
materials, equipment, improvements, utilities, structures, and vegetation at all
times during the course of this contract. Any property or incidentals damaged
during the course of this contract shall be repaired or replaced to the satisfaction
of the Environmental Services Coordinator (512-930-8131).
2.5. All work being performed for and/or on City of Georgetown property shall fully
conform to all local, state, and Federal safety regulations.
3. EMERGENCIES.
3.1. The Contractor will notify the Environmental Services Coordinator immediately
by telephone of any unexpected emergency, subsurface or latent physical
condition found; along with the recommendations for dealing with the matter.
Any changes found necessary by the City or the Contractor not covered under
the original scope of work or specifications shall be jointly agreed upon by the
Contractor and the City.
3.2. Any additional costs must be submitted in writing by the Contractor and an
amendment to the purchase order will be issued by the Environmental Services
Coordinator covering the change(s) before the work can proceed. Failure to
receive prior approval shall result in non-payment to the Contractor for any
unapproved work performed.
3.3. The City assumes no responsibility for oral instructions or suggestions. All
correspondence in regard to the Agreement must be directed to the City's
Environmental Services Coordinator.
4. UTILITIES.
4.1. City of Georgetown shall make available all required utilities to the Contractor for
work under this contract. Accidental interruption(s) caused by the Contractor and
repair thereto, shall be at the Contractor's expense.
POTENTIALLY HAZARDOUS MATERIALS.
5.1. If the work to be performed under this contract requires the use of any product
which contains any ingredient that could be hazardous or injurious to a person's
health, a Material Safety Data Sheet (MSDS) must be submitted with their bid at
the time of bid opening. The extent of use of the hazardous material may be a
factor in the award of the contract.
2
6. RIGHT TO ORDER OR CANCEL SERVICES. The City of Georgetown reserves the
right to order such services as may be required during the Agreement term. and it
also reserves the right not to order any services by the Contractor, if it is determined
by the City that such services are not required by City of Georgetown.
7.
7.1. With regard to this contract, the Environmental Services Coordinator or her
designated representative (hereafter referred to collectively as "the City") will
determine acceptability of all work and/or services performed. If the work and/or
services are not acceptable, the Contractor will be called in to review and correct
all problem areas without additional cost to the City. Upon notification by the
Coordinator, the Contractor will effect repairs to deficient work and/or services in
accordance with a jointly agreed upon schedule.
7.2. The City reserves the right to make unannounced periodic inspections of the
work in progress. Contractor shall contact Environmental Services Coordinator
(512-930-8131) at least seven (7) days prior to beginning work.
7.3. Permits, licenses, and taxes shall be the responsibility of the Contractor at no
additional cost to the City.
7.4. Contractor shall provide a complete, workmanlike, well -executed job in
accordance with these specifications and all applicable national and local codes.
In cases of conflict between requirements, that requirement which is in
compliance with all applicable codes and which is also, in the opinion of City of
Georgetown, more advantageous to City of Georgetown, shall govern.
7.5. The Contractor must investigate and report on any complaints that might arise in
connection with the use of his/her materials and supplies.
8. GUARANTEES.
8.1. All services furnished under this contract shall be unconditionally guaranteed to
meet accepted industry standards.
EXHIBIT B
CITY OF GEORGETOWN
RATES FOR BRUSH GRINDING SERVICES FOR MULCH
Description Price per Cubic Yard
Brush for first grinding $1.57
Brush for second grinding
PAYMENT CONDITIONS
a) Invoices must be legibly prepared showing the full description and price of work
performed, including number of cubic yards, first or second grinding, days of work,
times of work.
b) First and second grind must be listed on invoice separately.
c) City of Georgetown may withhold, or on account of subsequently discovered
evidence, nullify the whole or a part of any payment to such extent as may be
necessary to protect the City from loss on account of:
a) Defective work not remedied.
b) Claims filed or reasonable evidence indicating probable filing of claims, by parties
other than the Contractor.
c) Failure of the Contractor to make payments properly to subcontractors or for
material or labor.
d) A reasonable doubt that the Contract can be completed by Contractor.
e) Damage to another contractor.
f) Failure of the Contractor to submit data required within the time limits stated in
the Agreement.
d) When the above grounds are removed, payment shall be made for amounts withheld
because of them.
D
Council Meeting Date: June 26, 2007 Item No. S _cl
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration of an award of the annual bid for flexible
base material, sand and rock to Georgetown Transportation in the
estimated total amount of $96,500.00.
ITEM SUMMARY:
Bids were received to provide the City with standard flex
base, washed manufactured sand and 3/8" rock to be used in the
construction and maintenance of the City streets, and water and
electric distribution systems. The base is used primarily for
repairing street cuts and new construction, and the sand and rock
are used for bedding pipe before burying. The staff
recommendation is to award this bid to the only bidder
responding, Georgetown Transportation of Jarrell as designated on
the attached bid tabulation. Georgetown Transportation was the
vendor for flex base, sand and rock for the past year and did a
satisfactory job.
The unit prices bid includes delivery and stock piling of
the material at our facility. The using departments will order
materials on as needed basis.
SPECIAL CONSIDERATIONS:
None
FINANCIAL IMPACT:
Total estimated amount of this bid is $96,500.00. Funds for
this expenditure were budgeted in maintenance of streets and in
water and electric maintenance.
GUS BOARD RECOMMENDATION:
This item was recommended by the GUS Board for Council
approval at the June 19, 2007 GUS Board meeting.
COMMENTS:
none
ATTACHMENTS:
1. Bid Tabulation
By: Marsha Wars,
Purchasing Manager
for Utility
Flex Base, 3/8" Rock Type F, Sand Sandy Loam
July 1, 2007 - June 30, 2008
Bid No. 27034
Bid No.
27034
Title
Flex Base, Rock, Sand & Sandy Loam
Open Date
5/30/2007 4:34:27 PM Central
Close Date
6/11/2007 3:00:00 PM Central
Lot
Description
QTY
UOM
Price per
Ton
Georgetown
Transportation
1
FLEX BASE, TYPE A, GRADE 1
5000
TONS
$
8.10
$ 40,500.60-
2
SAND,WASHED & MANUFACTURED
3000
TONS
$
11.20
$ 33,600.00
3
3/8" ROCK, TYPE'F'
2000
TONS
$
11.20
$ 22,400.00
4
SANDY LOAM
500
TONS
NO BID
Estimated
Total
Award $ 96,500.00
Awarded Vendors
Lot 1,2,3 - Georgetown Transportation
Lot 4 - NO BID
No Reponses
Austin Asphalt
CDC Publishing LLC
Construction Data Company
EZ Seal, Inc.
H. Deck Construction
Heart of Texas Hotmix
Jewell Concrete
Jones & Carter, Inc.
KC Construction
Neice Equipment, LP
Professional Turf Products
Superior Crushed Stone, LC
W.W. Grainger, Inc.
Council Meeting Date: June 26, 2007 Item No. S - 3
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to approve a contract amendment between the City of Georgetown and
Kasberg, Patrick & Associates, LP for professional services related to the engineering for the 2006/2007 and 2007/2008
Street Rehabilitation Projects in the amount of $300,500.00 .
ITEM SUMMARY:
Engineering services are required for the Street System Improvements identified in the 2006/2007 and 2007/2008
CIP.
The proposed 2007 Street Rehabilitation project consists of many streets requiring a considerable amount of point
repairs and a more extensive rehabilitative type of maintenance. The streets identified for 2007 are 101' Street (MLK to
Bridge St.), Sections of 16th St. including (Vine to Virginia St.) (College to Ash St.) and (Hutto Rd. to Barcus Dr.), 171h St.
(Hutto Rd. to Annie Purl School),8th Street (Myrtle to College St.) Ash St. (151h to 1801), Central Drive (Park Ln. to NW
blvd.), Park Ln. (Central to Clay), College Street (15th to 18th St.), Mimosa St. (161h to 181h St.
The proposed 2008 Street Rehabilitation project consists mostly of preventative maintenance with fewer point
repairs over large areas. The Streets identified for maintenance include 151h St. (Hart to Scenic), Northwest Blvd.
(Northwood to Hedge wood), Streets within the San Gabriel Heights and Sierra Vista Subdivisions and Berry Creek
Section One.
Engineering both years' projects simultaneously will save time and create an attractive project for perspective
bidders. Combining the engineering for both years will speed up the process of getting the 2008 maintenance dollars onto
the roadways. The construction will be performed in two contracts. A first contract will be for point repairs to begin in
October of 2007 and the paving or resurfacing contract will follow immediately. The proposed single pass asphalt
recycling is a very specialized process and will not be bid with the construction point repairs.
Kasberg, Patrick & Associates have performed other Street rehabilitation projects in these areas and are familiar
vith existing conditions. These streets were also identified in KPA's Engineering report for pavement surveys and
suggested improvements.
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT:
$300,500.00 will be used from account # 203-101-6096-00 2007 Street Rehabilitation
# 203-101-6098-00 2008 Street Rehabilitation
GUS BOARD RECOMMENDATION:
This item was recommended by the GUS Board for Council approval at the June 19, 2007 GUS Board meeting.
COMMENTS:
None
ATTACHMENTS:
1. Proposed Amendment dated May 29, 2007
Attachment "A" Summary of Charges for services
Attachment "B" hou4y charges for additional services
submitted By: Thomas R. Benz,
Systems Enginee
for Utility Operations
AMENDMENT DATED MAY 29, 2007
TO THE AGREEMENT BETWEEN THE CITY OF GEOLGETOWN
AND KASBERG, PATRICK & ASSOCIATES, LP
FOR PROFESSIONAL SERVICES FOR
2007 STREET REHABILITATION PROJECTS
The General Services Agreement between the CITY OF GEORGETOR N (City) and Kasberg,
Patrick & Associates, LP, (Engineer) last authorized on March 14, 1995, is hereby amended as
follows:
The scope and cost of the anticipated services are set forth in the attached Exhibit A. The charges
for the work in Amendment dated May 29, 2007 are to be paid on a lu-ip sum basis unless
additional work due to change in scope is authorized.
Your signatures below will constitute your acceptance of Amendment dated
May 29, 2007.
Executed in duplicate original this day of 2007 at
Georgetown, Texas, where this contract is performable and enforceable.
Approved as to form: Party of the First Part:
CITY OF GEORGETOWN, TEXAS
Patricia E. Carls
City Attorney
Parry of the Second Part:
KASBERG, PATRICK & ASSOCIATES, LP
By Kasberg, Patrick & Associates GP, LLC
General Partner
By: R. David Patrick, P.E., Vice President
STATE OF TEXAS
COUNTY OF BELL
Gary Nelon
Mayor
Attest:
Sandra D. Lee
City Secretary
This instrument as acknowledged before me on this the day of
2007.
Notary Public
Printed name:
Commission Expires:
Exhibit A
(Updated May 29, 2007)
This updated Exhibit A to the original General Services Agreement between the City of Georgetown
and Kasberg, Patrick & Associates, LP, dated March 14, 1995, provides for the scope of
engineering services required for developing design for the 2007 Street Rehabilitation Projects.
The attached letter details the services and associated charges for the proposed work.
KASBERG, PATRICK & ASSOCIATES, LP
ICA CONSULTING ENGINEERS
One South Main
Temple, Texas 76501 (254) 773-3731 Fax (254) 773-6667 mail®kpwginmx.=n
RICK N. KASBERG, P.E.
R. DAVID PATRICK, P.E., C.P.M.
THOMAS D. VAI T P.E.
May 29, 2007
Mr. Jim Briggs
Assistant City Manager
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627-0409
Re: City of Georgetown
Proposal for The 2007 Street Rehabilitation Projects
Georgetown, Texas
Dear Mr. Briggs:
This letter proposal is in response to your request for basic and special engineering services required
to provide construction drawings for street improvements for:
The 2007 Street Rehabilitation Projects
The charges for this work are shown on Attachment "A" of this letter. We have priced the work
according to the facts that we know about the project as of this date. Lump Sum charges are shown
and will not change unless the scope of work is expanded, at which time we will meet with you and
plan accordingly. We have also attached to this proposal a preliminary project schedule for your
use. The following are tasks that we have included in the work schedule:
PRELIlIIINARY ENGINEERING PHASE I and H. This phase involves determination of project
scope and economic and technical evaluation of feasible alternatives. Services during this phase
include:
Obtaining and reviewing available data and consulting with the City to clarify and
define the CITY's requirements for the project.
2. Advising the CITY as to the necessity of providing or obtaining from others additional
data or services. These additional services may include photogrammetry,
investigations and consultations, compilation of hydrological data, traffic studies,
materials engineering, assembly of zoning, deed, and other restrictive land use
information, and environmental assessments and impact statements.
3. Identifying and analyzing requirements of governmental authorities having jurisdiction
to approve the design of the project, and participating in consultations with such
authorities.
Mr. Jim Briggs
May 29, 2007
Page Two
4. Providing analyses of the CITY's needs, planning surveys, and comparative
evaluations of prospective sites and solutions.
5. Providing a general economic analysis of the CITY's requirements applicable to
various alternatives.
6. Consulting with the CITY, reviewing preliminary reports, clarifying and defining the
project requirements, reviewing available data, and discussing genera scheduling.
Conferences may also be required with approving and regulatory governmental
agencies and affected utilities.
7. Advising the CITY as to whether additional data or services are required, and
assisting the CITY in obtaining such data and services.
8. Detailed survey of Park Lane from Central to Clay, Central Avenue from Park to
Northwest, 8' Street from Myrtle to College, Ash Street from 15' to 18'", Mimosa
from 16' to 18', Main Street from University to 17" and 17'" to 21a.
9. Visual survey and inspection of 16' Street from Hutto to Barcus, 161" Street from
College to Ash, College from 15" to 18'", 10" Street from MLK to the bridge, 16"
Street from Virginia to Vine, 171" Street from Annie Purl to Hutto, MLK, Sierra Vista
Subdivision, San Gabriel Subdivision, Northwest Boulevard from Northwood to
Hedgewood, 15' Street from Hart to Scenic and Berry Creek Boulevard from Oak
Tree Drive to Section One.
10. Provide an initial utility survey based on record information and information provided
by the utility companies.
11. Analysis of drainage conditions with recommendations to correct any existing
deficiencies.
12. Analysis of project effects on downstream conditions.
13. Development of the preliminary rehabilitation methods including cape seal overlay,
asphalt recycling and other methodology with recommendations and associated costs
for the project.
14. Develop recommendations of rehabilitation for each street within the project scope
that fits within the budget established by the City of Georgetown.
15. Provide recommendation of utility work that must be done.
Mr. Jim Briggs
May 29, 2007
Page Three
16. Hold a preliminary phase meeting with the City of Georgetown Staff to review the
preliminary design concepts and associated costs prior to beginning final design.
These concepts will be presented in deliverables that will illustrate the preliminary
engineering recommendations as well as associated cost estimates.
We will also discuss any additional investigations that may be required to complete the final design
of the project such as borings, subsurface investigations, etc.
DESIGN PHASE I and H. The basic services for the final design phase includes:
1. Preparing construction drawings and specifications showing the character and extent
of the project based on the survey data and the preliminary engineering phase
meeting.
2. Preparing and furnishing to the CITY a revised opinion of probable costs based on the
final drawings and specifications.
3. Furnishing the necessary engineering data required to apply for regulatory permits
from local, state, or federal authorities. This is distinguished from and does not
include detailed applications and supporting documents for government grant-in-aid or
planning grants that would be furnished as additional services. Fees for any local,
state or federal construction permit applications are not included as part of the
professional fee charges. These will be paid by the CITY.
4. Preparing basic documents related to construction contracts for review and approval
by the CITY (and the CITY's legal and other advisors). These may include contract
agreement fortes, general conditions and supplementary conditions, invitations to bid,
instructions to bidders, insurance and bonding requirements, and preparation of other
contract -related documents.
5. Furnishing to the CITY the specified number of copies of drawings, specifications,
and other contract documents.
6. Design the final plans for the project.
7. Design and submittal (if required) of WPAP reports to the TCEQ for project
acceptance in the Re -charge Zone of the Edwards Aquifer.
8. Meet regularly with the City of Georgetown Staff to review the progress of the design
and coordinate any conflicts that arise.
9. Produce construction plans and specifications to publicly bid the project.
Mr. Jim Briggs
May 29, 2007
Page Four
10. Project may require a separate bid package for point repair, edge milling, asphalt
rehabilitation, curb and gutter and others as determined at the end of preliminary
engineering plans.
BIDDING PHASE I and H. Services under this phase include:
1. Assisting the CITY in advertising for and obtaining bids for each separate prime
construction contract, maintaining a record of prospective bidders to whom bidding
documents have been issued, attending pre-bid conferences, and receiving and
processing fees for bidding documents.
2. Issuing addenda as appropriate to interpret clarify or expand the bidding documents.
3. Assisting the CITY in determining the qualifications and acceptability of prospective
constructors, subcontractors and suppliers.
4. Attending the bid openings, preparing bid tabulation sheets and providing assistance to
the CITY in evaluating bids or proposals and in assembling and awarding contracts
for construction, materials, equipment and services.
CONSTRUCTION PHASE I and II. Services under this phase involve consulting with and
advising the CITY during construction and are limited to those services associated with performing
as the CITY's representative. Such services comprise:
1. Preparing for and conducting a pre -construction conference and issuing a Notice to
Proceed on behalf of the CITY.
2. Reviewing shop and erection drawings submitted by the constructors for compliance
with design concept.
3. Reviewing laboratory, shop and mill test reports on materials and equipment.
4. Visiting the project site as construction proceeds to observe and report on the progress
and the quality of the executed work.
5. Conduct construction meetings with the contractor and the City of Georgetown.
Meeting minutes will be developed and distributed to all attendees.
6. Issuing necessary interpretations and clarifications of contract documents, preparing
change orders requiring special inspections and testing of the work, and making
recommendations as to the acceptability of the work.
Mr. Jim Briggs
May 29, 2007
Page Five
7. Preparing sketches required to resolve problems due to actual field conditiuns
encountered.
8. Preparing record drawings from information submitted by the CONTRACTOR.
SPECIFIC INFRASTRUCTURE DESIGN FEATURES FOR THE PROJECT
• Research of existing facilities
• Research of existing utilities
• Review and prepare project design all designated streets
• Connections to existing streets, driveways and sidewalks
• Final Design Schematics of the plans
• Clearance from state and federal environmental agencies
• Project to be bid and awarded
• Construction Administration of the project for all streets
• Record drawing produced and delivered to the City
In the event the City of Georgetown requires any additional work outside the scope of this proposal,
we will complete the work to the satisfaction of the City of Georgetown on an hourly basis according
to the rate sheet attached. If this proposal is agreeable, please return one executed originals to our
office.
Sincerely,
R. David Patrick, P.E.
RDP/crc
ATTACHMENT A
SUMMARY OF CHARGES FOR SERVICES
2007 CAPITAL IMPROVEMENTS PROJECT
FOR THE 2007 STREET REHABILITATION PROJECTS
GEORGETOWN, TEXAS
TASK
The 2007 Street Rehabilitation
Projects
BASIC SERVICES
A.
Preliminary Design
$
45,000.00
B.
Final Design
$
70,500.00
C.
Bidding
$
5,000.00
D.
Construction Administration
$
46,000.00
TOTAL BASIC SERVICES
$
166,500.00
SPECIAL SERVICES
A.
Design Surveys
$
19,000.00
B.
Construction Staking
$
18,000.00
TOTAL SPECIAL SERVICES
$
37,000.00
TASK
The 2008 Street Rehabilitation
Projects
BASIC SERVICES
A.
Preliminary Design
$
27,000.00
B.
Final Design
$
38,000.00
C.
Bidding
$
5,000.00
D.
Construction Administration
$
22,000.00
TOTAL BASIC SERVICES
$
92,000.00
SPECIAL SERVICES
A.
Design Surveys
$
5,000.00
TOTAL SPECIAL SERVICES
$
5,000.00
ATTACHMENT ENT B
Charges for Additional Services
City of Georgetown
2007 CAPITAL IMPROVEMENTS PROJECT
POSITION
MULTIPLIER
SALARY COST/RATES
Principal
2.4
$ 45.00 - 60.00/hour
Project Manager
2.4
38.00 - 48.00/hour
Project Engineer
2.4
30.00 - 40.00/hour
Engineer -in -training
2.4
24.00 - 35.00/hour
Engineering Technician
2.4
18.00 - 32.00/hour
CAD Technician
2.4
18.00 - 32.00/hour
Secretary
2.4
10.00 - 16.00/hour
Expenses
1.1
actual cost
Computer
1.0
15.00/hour
Survey Crew
1.1
85.00- 100.00/hour
Registered Public Surveyor
1.0
60.00/hour
City of Georgetown
2007 Street Rehabilitation Projects
Proposed Project Schedule
Task Task Item
2007
2008
No.
Juu
Jul
AugSep
I Oct
Nov
Dec
Jan
Feb
Alar
Apr
I May
I Jun
Jul
I Aug
Se
I
Award Engineering
Contract
2
Preliminary
Engineering Phase I
3
Design Phase I
a,
4
Bidding Phase I
5
Construction Phase 1
6
Preliminary
Engineering Phase It
7
Design Phase II
8
Bidding Phase II
9
Construction Phase 11
Council Meeting Date: June 26, 2007 Item No. S- 14
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action for the award of the annual bid for electrical
conduit.
ITEM SUMMARY:
Bids were received, on June 18, 2007, for the purchase of electrical conduit for a
one-year period, beginning July 1, 2007. The staff recommendation is to award this bid
to the low bidders responding as designated on the attached bid tabulation that will be
passed out at the GUS Board meeting.
Conduit will be stocked as part of the Electric Warehouse inventory and is used
primarily for new projects. Material will be ordered on an as needed basis.
SPECIAL CONSIDERATIONS:
NONE
FINANCIAL IMPACT:
Funds for this expenditure are budgeted in Electric Capital Improvement and
Maintenance accounts.
GUS BOARD RECOMMENDATION:
This item was recommended by the GUS Board for Council approval at the June
19, 2007 GUS Board meeting.
STAFF RECOMMENDATION:
Staff Recommends award of this bid to the low bidders.
COMMENTS:
NONE
ATTACHMENTS:
1. Bid Tabulation
Submitted By: Marsha Iwers,
Purchasing Manager
for Utility Operations
Conduit EAU / FT
1" 400
LOT 1
2" 22,400
LOT 2
CITY OF GEORGETOWN
ELECTRICAL CONDUIT - BID NO. 27039
BID TABULATION SHEET
Techline Techline Alt KBS Stuart Irby
$ 0.2500 $ 0.2300 $ 0.2860
Total Value of Lot 1 $ 92.000
$ 0.4450 $ 0.4500 $ 0.4500
Total Value of Lot 2 $ 9,968.000
4" 61,560 $ 1.1700 $ 1.1400 $ 1.2800 $ 1.1700
LOT 3 Total Value of Lot 3 $ 72,025.200
6" 42,640 $ 2.2500 $ 2.2000 $ 2.7500 $ 2.2100
LOT 4 Total Value of Lot 4 $ 94,234.400
EXCEPTIONS
Techline - prices firm thru 9/30/07
Techline Alt - based on factory direct truckload quantities w/ 2 -3 wk L/T
KBS - no exceptions
Stuart Irby - prices firm for 1 year
BIDS DISQUALIFIED
Summit Electric - Bid all or nothing - bid awarded by lots
Graybar - prices only firm thru 6/25/07
Power Supply- prices only firm thru 6/30/07
Dealers Electric - prices only firm thru 6/30/07
AWARD
Lot 1 - KBS
Lot 2 - Techline
Lot 3 - Stuart Irby
Lot 4 - Stuart Irby
NO RESPONSE/NO BID
TEC
TMD
6/19/2007
Council Meeting Date: June 26, 2007 Item No. S'5
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to award a contract the installation of fiber optics outside plant
cable infrastructure by unit price.
ITEM SUMMARY:
Bids were received for the unit price installation of fiber optics outside plant cable infrastructure
on June 14, 2007. The staff recommendation is to award this bid to the low bidder submitting a
satisfactory and conforming bid, CoCom Cabling Systems of Round Rock, Texas, for the labor unit based
bid, as designated on the attached bid tabulation. The work will be done on an as needed basis
throughout the year for service extensions or upgrades to new facilities and during our conversion of
overhead to underground within the downtown area. This bid will also allow for maintenance and
emergency work as required to the existing fiber system.
SPECIAL CONSIDERATIONS:
None
FINANCIAL IMPACT:
Funds for this expenditure are budgeted in Electric Capital Improvement.
GUS BOARD RECOMMENDATION:
This item was recommended by the GUS Board for Council approval at the June 19, 2007 GUS
Board meeting.
COMMENTS:
Staff recommends award of this bid to CoCom Cabling Systems of Round Rock, Texas.
ATTACHMENTS:
1. Letter of recomendation
2. Bid Tabulation
Submitted By: Marsha Iwers,
Purchasing Manager
Utility
' COMBS
`. �r� Consulting Group
R design & consulting
June 18, 2007
Jimmy Sikes
City of Georgetown Electric Utilities
Georgetown, TX
Re: Recommendation for Unit Pricing Vendor
I have reviewed the pricing submitted by CoCom Cabling Inc. for bid number 27035. All
pricing shown is fair -market value and appears to meet the specifications of the Request for
Proposal 27035.
CoCom Cabling, Inc. has performed well on past projects and meets the City of Georgetown
requirements for bonding and insurance.
Combs Consulting Group recommends that CoCom Cabling Inc. of Round Rock, Texas be
awarded bid number 27035.
Sincerely,
Ronnie Brown, RCDD
Combs Consulting Group
OUTSIDE PLANT FIBER OPTIC INFRASTRUCTURE
BID NO. 27035
BID TABULATION SHEET
ITEM
DESCRIPTION
UOM
CoCom Cabling System
DRIVE WALKOUT
OUT COST COST
1
Place provided 6M aerial strand
Ft.
$
0.38
$
0.43
2
Place provided 6M down -guy to new or
Ea.
$
25.00
$
30.00
3
Place provided 8 -inch expansion
Ea.
$
250.00
$
300.00
4
Place provided 2 -inch expansion
Ea.
$
175.00
$
250.00
5
Place provided 3 -bolt suspension clam
Ea.
$
35.00
$
45.00
6
Place provided 3 -bolt suspension clam
Ea.
$
75.00
$
150.00
7
Place provided fiber optic cable to
Ft.
1 $
0.75
$
0.95
8
Trench and place provided 2 X 4" UG
Ft.
$
30.00
$
55.00
9`
Place provided innerduct into provided
Ft.
$
0.90
$
1.10
10
Place orovided fiber optic cable into
Ft.
$
0.65
$
0.75
11
Prep. and place provided 96 strand
Ea.
$
175.00
$
225.00
12
Prep. and place provided 144 strand
Ea.
$
200.00
$
250.00
13
Prep. and place provided <144 strand
Ea.
$
200.00
$
250.00
14
Fusions lice single -mode fiber optic
Ea.
1 $
23.50
1 n/a
15
Install provided 19"X 84" relay rack
Ea.
$
200.00
16
Install provided Fiber Patch Panel with
Ea.
$
75.00
17
Fusions lice SC single mode pigtail at
Ea.
$
23.50
18
Test sinele-mode fiber optic cablingon
Ea.
$
7.00
19
Test single -mode fiber optic cabling in
Ea.
$
13.50
9• 9a: Place Innerduct into provided,
occupied conduit:
9b: Place pullstring in provided
conduit
9c: Place pullstring in provided occupied conduit
Low Bid: Cocom Cabling Systems
No. Bid: Michels Communications
Southern Diversified Technologies
Henkels & McCoy
Mastec North American
Convergence Cabling
Drive out cost $1.10 ft.
Walk out cost $1.30 ft.
Drive out cost $0.25 ft.
Walk out cost $0.35 ft.
Drive out cost $0.55 ft.
Walk out cost $0.65 ft.
Council Meeting Date: June 26, 2007 Item No. S _0
AGENDA ITEM COVER SHEET
SUBJECT:
A RESOLUTION OF THE CITY OF GEORGETOWN, TEXAS AUTHORIZING THE DENIAL OF
ATMOS ENERGY CORPORATION'S MID-TEX DIVISION'S ("ATMOS MID-TEX") GAS RELIABILITY
INFRASTRUCTURE PROGRAM ADJUSTMENTS FOR CALENDAR YEAR 2006; AUTHORIZING
PARTICIPATION IN A COALITION OF CITIES KNOWN AS ATMOS TEXAS MUNICIPALITIES ("ATM");
AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S
PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE RAILROAD COMMISSION OF
TEXAS IN GUD DOCKET NOS. 9734 AND 9726; REQUIRING THE REIMBURSEMENT OF MUNICIPAL
RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
ITEM SUMMARY:
Two more Gas Reliability Infrastructure Program ("GRIP") filings were made by Atmos Energy on
May 31, 2007. Conveniently these filings were made within three days of the end of the legislative session.
The filing by Atmos Mid -Tex Division with the City Secretary calls for a monthly increase of: (a) 59 cents for
residential customers; (b) $1.48 for commercial customers and $28.90 for industrial customers. The filing by
Atmos' Pipeline Division was made at the Railroad Commission of Texas. In that filing Atmos is requesting
that an additional $89 million be placed in its rate base. This is for cost allegedly related to the investment in
transmission pipe or pipe which is not included in the Mid -Tex distribution system.
The Railroad Commission found in the last Atmos general rate case that the Company had
improperly included expenses related to alcohol, hotel rooms, sporting events and high dollar meals in its
GRIP filings.
At this point it appears that the most appropriate action is to deny the requested GRIP adjustmentby
the Mid -Tex Division of Atmos. The current law does not allow enough time for thorough discovery before
local regulatory authorities (municipalities).
GUS BOARD RECOMMENDATION:
STAFF RECOMMENDATION:
Staff recommends that Council deny Atmos Mid -Tex Division's request for a GRIP adjustment at this time.
FINANCIAL IMPACT:
NONE
ATTACHMENTS:
Resolution
Submitted By: Patricia E. Carls, City Attorney
RESOLUTION NO.
RESOLUTION OF THE CITY OF GEORGETOWN, TEXAS
AUTHORIZING THE DENIAL OF ATMOS ENERGY
CORPORATION'S MID-TEX DIVISION'S ("ATMOS MID-
TEX") GAS RELIABILITY INFRASTRUCTURE
PROGRAM ADJUSTMENTS FOR CALENDAR YEAR 2006;
AUTHORIZING PARTICIPATION IN A COALITION OF
CITIES KNOWN AS ATMOS TEXAS MUNICIPALITIES
("ATM"); AUTHORIZING THE HIRING OF LAWYERS
AND RATE EXPERTS; AUTHORIZING THE CITY'S
PARTICIPATION TO THE FULL EXTENT PERMITTED
BY LAW AT THE RAILROAD COMMISSION OF TEXAS
IN GUD DOCKET NOS. 9734 AND 9726; REQUIRING THE
REIMBURSEMENT OF MUNICIPAL RATE CASE
EXPENSES; FINDING THAT THE MEETING COMPLIED
WITH THE OPEN MEETINGS ACT; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on or about May 31, 2007 Atmos Energy Corporation's Mid -Tex
Division ("Atmos Energy") filed an application with the City to increase gas rates for its
Gas Reliability Infrastructure Program ("GRIP") for calendar year 2006 pursuant to
Section 104.301 of the Gas Utility Regulatory Act ("Act"); and
WHEREAS, Atmos Pipeline -Texas filed at the Railroad Commission for a GRIP
adjustment for calendar year 2006; and
WHEREAS, due to the ratemaking complexity of Section 104.301 of the Act it is
therefore necessary to engage the expertise of lawyers and consultants who specialize in
ratemaking proceedings before regulatory authorities to assist the City as provided for in
Section 103.022 of the Act; and
WHEREAS, given the complexity and the need to carefully review the proposed
GRIP adjustment it is necessary to deny the GRIP adjustment in order to allow the City's
rate experts sufficient time to determine the merits of Atmos Energy's proposed GRIP
adjustment; and
WHEREAS, in order to maximize the efficient use of resources and expertise in
reviewing, analyzing and investigating Atmos Energy's request for a GRIP adjustment it
makes sense to coordinate the City's efforts with a coalition of similarly situated
municipalities; and
WHEREAS, a coalition of municipalities, known as the Atmos Texas
Municipalities ("ATM") has been active in gas utility ratemaking proceedings; and
WHEREAS, the City will join with other cities participating in ATM in a
steering committee in order to coordinate the hiring and direction of legal counsel and
consultants working on behalf of ATM and the City; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF GEORGETOWN THAT:
Section 1. The facts and recitations contained in the preamble of this
resolution are hereby found and declared to be true and correct, and are incorporated by
reference herein and expressly made a part hereof, as if copied verbatim. The City
Council hereby finds that this resolution implements the Utility Policy Statement 11.00 of
the Century Plan - Policy Plan Element, which states: "City owned, sponsored or
managed utilities are competitively priced and provide safe, adequate and reliable
services to all customers. " and further finds that the adoption of this resolution is not
inconsistent or in conflict with any other Century Plan Policies, as required by Section
2.03 of the Administrative Chapter of the Policy Plan.
Section 2. The City hereby denies Atmos Mid-Tex's request for GRIP
adjustments for fiscal year 2006, in all respects.
Section 3. The City is authorized to join with other cities in a coalition of
cities known as the Atmos Texas Municipalities ("ATM") with the understanding that the
steering committee of ATM will provide direction and guidance to the lawyers who are
representing said cities.
Section 4. The City employs Jim Boyle, and Alfred Herrera as special
counsel to represent the City with regard to the proposed GRIP adjustments of Atmos
Energy before local and state regulatory authorities and any court of law and authorizes
special counsel to employ such rate experts as are recommended by the ATM Steering
Committee.
Section 5. The City authorizes special counsel to intervene on behalf of the
City and other members of ATM before the Railroad Commission of Texas in GUD
Docket Nos. 9734 and 9726.
Section 6. The City, in coordination with the Steering Committee, shall
review the invoices of the lawyers and rate experts for reasonableness before submitting
the invoices to Atmos Energy for reimbursement.
Section 7. Atmos Energy shall reimburse the City, through the designated
representative city of the Steering Committee, for the reasonable costs of attorneys and
consultants and expenses related thereto, upon the presentation of invoices reviewed by
the Steering Committee.
Section 8. The City Secretary shall notify Atmos Energy of this resolution by
sending a copy of same to Ms. Barbara Myers, Atmos Energy Corporation, 5420 LBJ
Freeway, Suite 1824, Dallas, Texas 75240 and ATM shall be notified by sending a copy
of this resolution to Mr. Jim Finley, City Attorney for the City of Longview by fax to
(903)239-5539.
Section 9. The meeting at which this resolution was approved was in all
things conducted in strict compliance with the Texas Open Meetings act, Texas
Government Code, Chapter 551.
Section 10. The Mayor is hereby authorized to sign this Resolution and the
City Secretary to attest thereto on behalf of the City of Georgetown
Section 11. This resolution shall become effective from and after its passage.
RESOLVED this
ATTEST:
Sandra Lee, City Secretary
APPROVED AS TO FORM:
day of
Patricia E. Carls
Brown & Carls, LLP, City Attorney
2007.
THE CITY OF GEORGETOWN
Gary Nelon, Mayor
Council Meeting Date: June 26, 2007 Item No. T -4-_
AGENDA ITEM COVER SHEET
An ordinance amending solid waste disposal rates and rate structure in order to fully recover the
cost of solid waste disposal services and maintain the utility as self-supporting. This ordinance has
eliminated the Rate Schedule as an attachment, by presenting all rates in the body of the ordinance, and
includes a reference to billing for catastrophic storm cleanup and lost sanitation containers. Second
Reading.
ITEM SUMMARY:
The current rates for solid waste disposal were established in October 2004. With the sharp rise
in oil and fuel costs over the last 21/2 years, these rates are no longer adequate to cover the cost of
providing service.
In October 2006, Georgetown Utility Systems (GUS) began reviewing not only the rates for solid
waste disposal, but also the services that are offered, proceeding under the assumption that we first
needed to determine if we were providing services that meet the citizens needs and expectations. To do
this, seven focus groups were created, with residential participants from across Georgetown, as well as,
representatives from small and large commercial businesses and local builders and developers. The
input from these participants was the basis of our selection of solid waste programs and services
to offer to citizens.
Once the required services were established, the staff did an in-depth study of the costs of the
sanitation services by customer type, in order to get a better handle on the costs of service, and the most
equitable distribution of those costs. The goal was to develop rates that reflect the true cost of service to
each customer type, with each type paying its fair share of the costs of operating the utility.
This proposed rate ordinance and amended rate structure are a reflection of citizens' expectations
of services and the cost to provide those services. It presents a three-tier rate system for in -City residents
with GUS solid waste service, out -of -City residents with GUS solid waste services, and Commercial and
Ell residents without GUS services.
SPECIAL CONSIDERATIONS
FINANCIAL IMPACT
Of the proposed rates, 84% will be distributed to the solid waste contractor, with the remaining
16% retained by the City. This revenue will be used to reducing the debt service on the closed landfill,
landfill maintenance, Collection Station expense and re -permitting.
COMMENTS
NONE
ATTACHMENTS
Ordinance
Kathy Ragsdale, Utility Office Director
Micki Rundell, Director of Finance and Administration
ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS REPEALING AND REPLACING SECTION
13.04.180 OF THE CITY CODE OF ORDINANCES RELATING TO
"RATES AND CHARGES — SOLID WASTE DISPOSAL —
SCHEDULE" REPEALING CONFLICTING PROVISIONS;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Georgetown recently re -negotiated a garbage
hauling and disposal contract with Texas Disposal Systems; and
WHEREAS, the Texas Disposal System contract negotiations have resulted in changes in
services and costs for services, as set forth herein; and
WHEREAS, the City Council has found and determined that it is in the best interest of
the public to have the following services provided to its citizens and others in the
extraterritorial jurisdiction (ETJ) and service area of the City's collection station and
transfer station, and that the following rates are fair and equitable for such services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, that:
SECTION 1 The facts and recitations contained in the preamble of this Ordinance are
hereby declared to be true and correct, and are incorporated be reference herein and
made a part hereof, as if copied verbatim. The City Council hereby finds that this
Ordinance implements the following Century Plan Policy Statements — Goals and
Strategies:
3.0 Policy Statement: "City owned, sponsored, or managed health and human
services enhance the quality of life for the citizens of Georgetown."
11.0 Policy Statement: "City owned, sponsored, or managed utilities are
competitively priced and provide safe, adequate, and reliable services to all
customers."
Ordinance
GARBAGE RATE ORDINANCE Page 1 of 6
Further, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, the
City Council hereby finds that the enactment of this Ordinance is not inconsistent with
or in conflict with any other Century Plan Policy Statements.
SECTION 2 Existing Section 13.04.180 is hereby deleted in its entirety and replaced
with the following:
Section 13.04.180 Rates and charges --Solid waste disposal --Schedule.
A. Rates and charges for solid waste disposal are as follows:
Rate Schedule Tier I Tier II
Tier III
Schools
Residential Service $14.05 $16.55
$17.50
N/A
Mandatory recycling [a] included included
$3.00
N/A
Subscription recycling NIA N/A
$5.35
NIA
Bulky waste beyond
$37.15
$35.60
quarterly pickup
Frequency / week: 3
$51.65
per cubic yard $25.00 $25.00
N/A
N/A
Note [a]: Mandatory recycling is required in Tier 3 when 40% of the defined area utilizes the
city contracted municipal solid waste service provider.
Commercial Rates
Service container
Frequency/ week: 1
$18.55
$19.40
$19.40
$18.55
Frequency / week: 2
$35.60
$37.15
$37.15
$35.60
Frequency / week: 3
$51.65
$53.90
$53.90
$51.65
Frequency / week: 4
$67.80
$70.75
$70.75
$67.80
Frequency/ week: 5
$84.00
$87.65
$87.65
$84.00
Excess trash over 1/2
$10.00
$10.00
$10.00
$10.00
yard beside container
2 CY Dumpster
Frequency/ week: 1
$43.05
$44.95
$44.95
$37.85
Frequency / week: 2
$105.10
$109.70
$109.70
$92.30
Frequency / week: 3
$170.95
$178.40
$178.40
$150.05
Frequency / week: 4
$225.00
$234.80
$234.80
$197.50
Frequency/ week: 5
$277.50
$289.55
$289.55
$243.55
3 CY Dumpster
Frequency/ week: 1
$60.35
$63.00
$63.00
$53.00
Frequency / week: 2
$117.70
$122.80
$122.80
$103.35
Frequency/ week: 3
$186.05
$194.15
$194.15
$163.30
Ordinance No.
GARBAGE RATE ORDINANCE
Page
2 of 6
Frequency / week: 4 $241.35 $251.80 $251.80 $211.85
Frequency / week: 5 $293.90 $306.65 $306.65 $258.00
4 CY Dumpster
Frequency/ week: 1
$74.50
$77.75
$113.75
$77.75
$65.35
Frequency / week: 2
$129.25
$134.90
Frequency / week: 2
$134.90
$113.45
Frequency / week: 3
$190.45
$198.70
$198.70
$167.15
Frequency / week: 4
$248.25
$259.00
$288.55
$259.00
$217.90
Frequency / week: 5
$305.75
$319.00
Frequency / week: 4
$319.00
$268.45
6 CY Dumpster
$366.50
$308.75
Frequency/ week: 1
$91.10
$95.05
$416.00
$95.05
$79.95
Frequency / week: 2
$164.35
$171.50
Frequency / week: 6
$171.50
$144.35
Frequency / week: 3
$245.60
$256.25
$256.25
$215.75
Frequency / week: 4
$320.05
$333.95
$333.95
$281.20
Frequency / week: 5
$397.75
$415.00
Frequency/ week: 1
$415.00
$349.50
Frequency/ week: 6
$430.20
$448.90
$448.90
$378.30
8 CY Dumpster
Frequency/ week: 1
$109.00
$113.75
$113.75
$95.65
Frequency / week: 2
$192.10
$200.45
$200.45
$168.70
Frequency / week: 3
$276.50
$288.55
$288.55
$242.85
Frequency / week: 4
$351.20
$366.50
$366.50
$308.75
Frequency/ week: 5
$398.65
$416.00
$416.00
$350.50
Frequency / week: 6
$478.45
$499.25
$499.25
$420.65
10 CY Dumpster
Frequency/ week: 1
$126.95
$132.50
$132.50
$111.40
Frequency / week: 2
$232.70
$242.80
$242.80
$204.35
Frequency / week: 3
$328.65
$342.95
$342.95
$288.70
Frequency / week: 4
$418.20
$436.40
$436.40
$367.45
Frequency / week: 5
$497.95
$519.60
$519.60
$437.70
Frequency / week: 6
$569.60
$594.35
$594.35
$500.85
Locking devices for
Commercial containers
One-time charge
$53.00
$53.00
$53.00
$53.00
Monthly fee
$5.00
$5.00
$5.00
$5.00
Casters for commercial
$15.80
$15.80
$15.80
$15.80
bin / container
Special paint for containers
$120.00
$120.00
$120.00
$120.00
Unscheduled extra pickups
commercial containers
One-time
Charge
2 cubic yards
$40.25
$40.25
$40.25
$40.25
3 cubic yards
$51.75
$51.75
$51.75
$51.75
4 cubic yards
$57.50
$57.50
$57.50
$57.50
6 cubic yards
$57.50
$57.50
$57.50
$57.50
Ordinance No.
GARBAGE RATE ORDINANCE
Page
3 of 6
8 cubic yards $69.00 $69.00 $69.00 $69.00
10 cubic yards $86.25 $8625 $86.25 $86.25
Roll off services
Daily rental
$3.10
$3.10
N/A
N/A
Delivery - one time
charge
$88.40
$88.40
N/A
N/A
Monthly hauling charges
20 cy - 1x haul
$340.00
$340.00
N/A
N/A
20 cy - 2x haul per
haul
$233.00
$233.00
N/A
N/A
30 cy - 1x haul
$370.00
$370.00
N/A
N/A
30 cy - 2x haul per
haul
$265.00
$265.00
N/A
N/A
40 cy - 1x haul
$403.00
$403.00
N/A
N/A
40 cy - 2x haul per
haul
$297.00
$297.00
N/A
N/A
Front load compactor
Per CY capacity
per scheduled
pick up cost and/or
compactor
rental cost to be
negotiated per
customer.
Commercial compactor
Rental fee
$130.00
$130.00
N/A
N/A
Hauling charges
20 cubic yards
$394.45
$394.45
N/A
N/A
30 cubic yards
$432.40
$432.40
N/A
N/A
35 cubic yards
$451.95
$451.95
N/A
N/A
40 cubic yards
$471.50
$471.50
N/A
N/A
42 cubic yard
$479.55
$479.55
N/A
N/A
Additional services
Sludge roll -off 20 yard $395.00 $395.00 N/A N/A
container
Manned neighborhood cleanup services using roll -off boxes $35.00 per hour plus a 10%
discount for disposal and transportation costs.
Commercial recycling
container
8 cy, 1x per week $120.75 $120.75 $120.75 $120.75
8 cy, biweekly $103.50 $103.50 $103.50 $103.50
8 cy, 1x per month $86.25 $86.25 $86.25 $86.25
Commercial service cart
recycling.
Cart Rental / month $8.00 $8.00 $8.00 $8.00
1st service cart $30.00 $30.00 $30.00 $30.00
Additional cart $20.00 $20.00 $20.00 $20.00
Public Disposal Fees
at the collection
station
Bulky waste above
service
Ordinance No.
GARBAGE RATE ORDINANCE
Page 4 of 6
provided in residential
rate. Per cubic yard.
$8.00
$14.00
$18.00
N/A
Brush / per cubic yard
N/A
$7.00
$15.00
N/A
Refrigerators / each
$30.00
$35.00
$40.00
N/A
Air Conditioners / each
$30.00
$35.00
$40.00
N/A
Batteries / each
$2.00
$2.00
$5.00
N/A
Oil / 1 gallon
$1.00
$1.00
$2.00
N/A
Oil Filter/ each
$1.00
$1.00
$2.00
N/A
Residential recycling
$1.00
$1.00
$2.00
N/A
per car load
Tires ($ per each)
Auto tires (13 - 15 in.)
$5.00
$7.00
$15.00
N/A
Small tires (16 - 19
in.)
$8.00
$14.00
$24.00
N/A
Large truck (20 - 24
in.)
$12.00
$18.00
$29.00
N/A
Tractor (25 - 28 in.)
$15.00
$35.00
$49.00
N/A
Industrial (29 - 48 in.)
$25.00
$52.00
$69.00
N/A
Huge tractor (39 - 48 in.)
$35.00
$70.00
$96.00
N/A
B. If service is rendered during any portion of any month the customer will be
required to pay a pro -rated fee for service.
C. Except as provided in this section, all owners, occupants, tenants and lessees
using or occupying any building, house or structure within the corporate limits of
the City shall be required to use exclusively the City's waste disposal services.
D. Catastrophic storm cleanup will be provided, within the city limits, by a
contractor appointed by the City, at the discretion of the Assistant City Manager of
Utilities or his assignee. Costs for catastrophic storm cleanup will be assessed
evenly to all Tier I customers as a one-time charge, additional to the monthly
sanitation fee, on the utility bills, after the cleanup has been completed and the cost
of the cleanup has been established.
E. Customers requesting replacement of the City -provided sanitation container,
three or more times in a calendar year, may be required to pay a replacement fee
equal to the cost incurred by the City sanitation contractor to replace it. Such fee
will be charged to the customer's utility bill as a one-time charge.
Ordinance
GARBAGE RATE ORDINANCE Page 5 of 6
SECTION 3 All Ordinances and Resolutions, or parts of Ordinances and Resolutions
that are in conflict with this Ordinance are hereby repealed, and no longer in effect.
SECTION 4 If any provisions of this Ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions,
or applications thereof, of this Ordinance which can be given effect without the invalid
provision or application and to this end the provisions of this Ordinance are hereby
declared to be severable.
SECTION 5 The Mayor of Georgetown is hereby authorized to sign this Ordinance
and the City Secretary to attest. This Ordinance shall become effective and be in full
force and effecting accordance with the terms of the City Charter with billings on or
after September 10, 2007.
PASSED AND APPROVED on First Reading on the day of
2007.
PASSED AND APPROVED on Second Reading on the day of
2007.
ATTEST: THE CITY OF GEORGETOWN:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Patricia E. Carls
City Attorney
Ordinance
Gary Nelon
Mayor
GARBAGE RATE ORDINANCE Pace 6 of 6