HomeMy WebLinkAboutAgenda CC 10.26.2004Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
illik Tuesday, October 26, 2004
The Georgetown City Council will meet on Tuesday, October 26, 2004 at 06:00:00 PM at the City Council
Chambers, 101 E. 7th Street, 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.
Please Note: This City Council Meeting will be video taped live without editing and shown on the
local cable channel.
Executive Session
Regular Session to convene and continue Executive Session, if necessary
In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes,
Annotated, the items listed below will be discussed in closed session and are subject to action in the
regular session that follows.
A Sec.551.071: Consultation with Attorney
- Pending or Threatened Litigation
- Brazos River Authority regarding Operations and Maintenance of the St ilhouse Raw Water Pipeline
- E. 0. Sharp Butane Co., Inc. v. City of Georgetown, Texas, Cause No. A -04 -CA -299 -SS, in the United States District
Court, Western District of Texas, Austin Division
- Sheryl Heyes-Pupko vs. Williamson County, Texas, Derrick Dutton, City of Georgetown, Texas, Neil Crawford,
Cause No. 04-961-C277, in the District Court of Williamson County, 277th District.
- Discussion and possible action regarding request by investor to refinance pre-existing debt of Georgetown Health
Authority and/or Georgetown Health Facilities Development Corporation as it relates to the Georgetown Hospital System
and the North Texas Treatment Center
- Legal Advice Regarding Agenda Items and other Matters
B Sec.551.087 Economic Development
- Discussion or deliberation regarding commercial or financial information that the City has received from a business
prospect that the City seeks to have locate, stay, or expand in or near the territory of the City and with which the City is
conducting economic development negotiations
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.)
C Call to Order
D Pledge of Allegiance
E Comments from the dais
- Welcome to Audience and Opening Comments — Mayor Gary Nelon
F Announcements and Comments from City Manager
G Public Wishing to Address Council
- Wayne McKee with Pedernales Electric Cooperative (PEC) to update customers on recent PEC activities
City Council Agenda/October 26, 2004
Page 1 of 4 Pages
V
- Mike Aaronson regarding a Non -Denominational Maternity Home
- Keith Peshak regarding review of the 4th and 8th Amendments to the Constitution of the United States
and affirmation that they do indeed apply in Georgetown and Williamson County, along with the Federal
Freedom of Information Act
Action from Executive Session
Statutory Consent Agenda
The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with
one single vote. A councilmember may pull any item from the Consent Agenda in order that the council
discuss and act upon it individually as part of the Regular Agenda.
I Consideration and possible action to approve the minutes of the Council Workshop on Monday, October
11, the Regular City Council Meeting of Tuesday, October 12, and the Special Council Meeting on October
18, 2004 — Sandra Lee, City Secretary
J Consideration and possible action to apply for the Gametime Healthy Kids Grant in the amount of $13,412
for a playground for Summercrest Park -- Kimberly Garrett, Asst. Director of Recreation and Programs and
Randy Morrow, Director of Community Services
K Consideration and possible action to approve and clarify the funding request for an in-kind donation from
Parents for Pride for Project Graduation and the procedure to fund the request— Paul Brandenburg, City
Manager
L Consideration and possible action authorizing the purchase of ten (10) sets of Personal Protective
Equipment (bunker gear) from Ferrara Firefighting Equipment in the amount of $15,230.00 -- Anthony
Lincoln, Fire Chief
M Consideration and possible action to authorize application for a non-matching fund grant for two
Automated External Defibrillators (AED) from The State of Texas Office of Rural Community Affairs —
Anthony Lincoln, Fire Chief
N Consideration of and possible action to approve a resolution supporting the Central Texas Library System
Advisory Council's decision to form a regional library system organized as a nonprofit corporation as
authorized by the Texas Library Systems Act — Eric Lashley, Library Director and Randy Morrow, Director of
Community Services
0 Consideration and possible action on a Final Plat of a Resubdivision of City of Georgetown, Block 24, Lots
1-8, to be known as Block 24 Subdivision, located between Austin Avenue and Main Street, 4th Street
and 5th Street — Cada Benton, Development Planner and Amelia Sondgeroth, Director, Planning and
Development
P Consideration and possible action regarding the contract for Municipal Court prosecutor services —
Patricia E. Cads, City Attorney
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
Q Consideration of and possible action to authorize the Mayor to execute an Assignment of Airport Lease
Agreement from Trinity Aviation, Inc. to First Texas Bank and to approve a Memorandum of Lease — Travis
McLain, Airport Manager and Tom Yantis, Assistant City Manager
R Consideration of and possible action to authorize the Mayor to execute a Professional Services Agreement
with PBS&J for the design of an Air Traffic Control Tower, not to exceed $233,200.00 -- Travis McLain,
Airport Manager and Tom Yantis, Assistant City Manager
S Consideration and possible action to authorize, if the library bond is approved on November 2, 2004, for the
Georgetown Public Library to submit an application to the Kresge Foundation's Green Building Planning
City Council Agenda/October 26, 2004
Page 2 of 4 Pages
Grant Program for a grant of $100,000— Eric Lashley, Library Director and Randy Morrow, Director of
Community Services
T Second Readinas
1. Second Reading of an ordinance amending stormwater rates to reflect the cost of providing service —
Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration.
2. Second Reading of an ordinance amending wastewater rates to reflect the cost of providing service —
Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration.
3. Second Reading of an ordinance amending solid waste disposal rates in order to fully recover the
cost of solid waste disposal service and make the utility self-supporting — Kathy Ragsdale, Utility Office
Director and Micki Rundell, Director of Finance and Administration
4. Second Reading of an ordinance amending electric rates and rate structure to reflect the cost of
providing service — Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and
Administration.
5. Second Reading of an ordinance amending the current Miscellaneous and Other Services and
Charges section of Article VII, which specifically relate to utility service connections — Kathy
Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration.
6. Second Reading of an ordinance amending the current miscellaneous meter tampering ordinance
and establishing a fee for violations of the ordinance — Kathy Ragsdale, Utility Office Director and
Micki Rundell, Director of Finance and Administration.
7. Second Reading of an ordinance amending the current Miscellaneous and Other Services and
Charges section of Article VII, and establishing a fee for payment plan administration — Kathy
Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration.
8. Second Reading of an ordinance approving the final project and financial plan for the Wolf Ranch Tax
Increment Reinvestment Zone (TIRZ) — Micki Rundell, Director of Finance and Administration.
9. Second Reading of an ordinance amending Chapter 6.40 of the Code of Ordinances relating to
alcoholic beverages to address recent changes in the law -- Trish Carls, City Attorney
U Public Hearinas / First Readinas
1. First Reading of an ordinance for a Comprehensive Plan Amendment for Dalrymple Addition, Block
A, Lots 1-2 & 5-6 to change the Intensity Plan from Level 3 to Level 4, located in the 1200 block
between Hart and Timber Streets -- David Munk, Development Engineer and Amelia Sondgeroth,
Director, Planning and Development.
2. Public Hearing to consider Rezoning 41.523 acres in the Fredrick Foy Survey, from A, Agricultural to
PUD, Planned Unit Development, to be known as Planned Unit Development of Sun City
Georgetown, Neighborhood Twenty "A", located west of Sun City Boulevard at Armstrong Drive —
Mclissa McCollum, Development Planner and Amelia Sondgeroth, Director, Planning and Development
3. First Reading of an ordinance Rezoning 41.523 acres in the Fredrick Foy Survey, from A, Agricultural
to PUD, Planned Unit Development, to be known as Planned Unit Development of Sun City
Georgetown, Neighborhood Twenty "A", located west of Sun City Boulevard at Armstrong Drive —
Mclissa McCollum, Development Planner and Amelia Sondgeroth, Director, Planning and Development
4. Public Hearing to consider to Rezoning 41.065 acres in the Burrell Eaves Survey, from A, Agricultural
to PUD, Planned Unit Development, to be known as Planned Unit Development of Sun City
Georgetown, Neighborhood Twenty -Seven, located east of Sun City Boulevard at San Saba Drive —
Mclissa McCollum, Development Planner and Amelia Sondgeroth, Director, Planning and Development
5. First Reading of an ordinance Rezoning 41.065 acres in the Burrell Eaves Survey, from A, Agricultural
to PUD, Planned Unit Development, to be known as Planned Unit Development of Sun City
Georgetown, Neighborhood Twenty -Seven, located east of Sun City Boulevard at San Saba Drive.
— Melissa McCollum, Development Planner and Amelia Sondgeroth, Director, Planning and
City Council Agenda/October 26, 2004
Page 3 of 4 Pages
V
Development
6. Public Hearing to consider designating a contiguous geographic area within the City of Georgetown
consisting of approximately 66(+/-) acres in size, generally located around the Williamson County
Courthouse Square, south of the South San Gabriel River and north of University Blvd., for tax
Increment financing purposes pursuant to Chapter 311 of the Texas Tax Code; creating a Board of
Directors for such zone; containing findings and provisions related to the foregoing subject; and
providing a severability clause —Tom Yantis, Assistant City Manager
7. First Reading of an Ordinance designating a contiguous geographic area within the City of
Georgetown consisting of approximately 66(+/-) acres in size, generally located around the Williamson
County Courthouse Square, south of the South San Gabriel River and north of University Blvd., for tax
increment financing purposes pursuant to Chapter 311 of the Texas Tax Code; creating a Board of
Directors for such zone; containing findings and provisions related to the foregoing subject; and
providing a severability clause —Tom Yantis, Assistant City Manager
1. Consideration and possible action to approve a contract amendment between the City of Georgetown
and Kasberg, Patrick, and Associates, L.L.P. in the amount of $77,050.00 for professional services
related to the design of the Pecan Branch Wastewater Interceptor Phase III — Glenn Dishong, Water
Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
2. Consideration and possible action on a recommendation to approve a contract between the City of
Georgetown and Southwestern University for the long-term supply of Type I reclaimed water for
irrigation and cooling tower use — Glenn Dishong, Water Services Manager and Jim Briggs, Assistant
City Manager for Utility Operations
3. Consideration and possible action on a recommendation for award of bid for spun -cast prestressed
concrete poles to Newmark International, Inc., in the amount of $67,906.00 — Michael W. Mayben,
Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
W Item Forwarded from Georaetown Transportation Enhancement Corporation (GTEC) Board
Consideration and possible action to award the bid for the construction of Tasus Way to Austin Engineering
Company, Inc in the amount of $194,695.50 — Mark Miller, Transportation Services Manager and Jim
Briggs, Assistant City Manager for Utility Operations
X Consideration and possible action to award the bid for all lines of property, liability and workers'
compensation insurance for FY 04/05 for the City of Georgetown through its participation in the Texas
Municipal League Intergovernmental Risk Pool (TML -IRP), pursuant to the terms of the Intedocal
Agreement between the City and TML -IRP — Tom Yantis, Assistant City Manager
Y Consideration and possible action regarding the appointment of Rachel McNutt, Kammie Wolfman, Jacob
Wolfman, and Jonathan Patterson and reappointment of Elissa Delmatier to the Georgetown Youth
Advisory Board -- Mayor Gary Nelon
Z Consideration and possible action regarding the appointment of Patti Jennings Moore, Judy Johnston, and
Danielle Cunniff Plumer to the Library Advisory Board to fill vacancies created by the resignations of
Zygmund Kasner, Marsha McGuire, and Gerald Sensabaugh, respectively — Mayor Gary Nelon
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, and on the bulletin board located outside of the Council
Chambers, 101 East 7th Street, places readily accessible to the general public at all times, on the
day of , 2004, at , and remained so posted for at least 72 continuous
hours preceding the scheduled time of said meeting.
City Council Agenda/October 26, 2004
Page 4 of 4 Pages
Sandra Lee, City Secretary
City Council Agenda/October 26, 2004
Page 5 of 4 Pages
y Council Meeting Date: October 26, 2004
AGENDA ITEM COVER SHEET
Item No. U_ f
SUBJECT:
Consideration and possible action to approve a contract amendment
between the City of Georgetown and Kasberg, Patrick, and Associates,
L.L.P. for professional services related to the design of the Pecan
Branch Wastewater Interceptor Phase III in the amount of $77,050.00.
ITEM SUMMARY:
The Pecan Branch Interceptor was designed to carry wastewater flow
from areas north and east of Williams Drive (including Sun City) to
the Pecan Branch WWTP. The project consisted of three phases with
the third and last phase focused on the upsizing of approximately
3,000 feet of existing 10" wastewater collection mains along Canyon
Road and Northwest Boulevard to handle the flows from the north along
Williams drive to the south of Sun City. This item provides for the
engineering services related to the design and bidding of the project
and the construction management once the project has been awarded.
The total cost for engineering services is $77,050.00.
SPECIAL CONSIDERATIONS:
None.
FINANCIAL IMPACT:
Funds will come from the Wastewater Capital Fund 651-101-6601-01.
GUS BOARD RECOMMENDATION:
GUS Board recommended approval of the award of contract at their
October 19, 2004 meeting. Approved 7-0.
STAFF RECOMMENDATION:
Staff supports the GUS Board recommendation to award the bid for the
contract amendment for engineering services by Kasberg, Patrick and
Associates, (formerly Roming, Parker & Kasberg).
COMMENTS:
None.
ATTACHMENTS:
Proposal for engAign
from Kasberg, Patrick and Associ.4es
in
w/ . (r
Submitted by:J m ri �'lenn W. Dishong,
sist 'ty Manager Water Services ME
For Uti ity Operations
AMENDMENT DATED OCTOBER 4, 2004
TO THE AGREEMENT BETWEEN THE CITY OF GEORGETOWN
AND KASBERG, PATRICK & ASSOCIATES, L.L.P.
FOR PROFESSIONAL SERVICES FOR
PECAN BRANCH WASTEWATER INTERCEPTOR
The General Services Agreement between the CITY OF GEORGETOWN (City) and Kasberg,
Patrick & Associates, L.L.P., (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 October 4, 2004 are to be paid on a lump sum basis unless
additional work due to change in scope is authorized.
Your signatures below will constitute your acceptance of Amendment Dated
October 4, 2004.
Executed in duplicate original this day of 2004 at
Georgetown, Texas, where this contract is performable and enforceable.
Approved as to form: Parry of the First Part:
CITY OF GEORGETOWN, TEXAS
Patricia E. Carls
City Attorney
Party of the Second Part:
KASBERG, PATRICK & ASSOCIATES, L.L.P.
I
�Ae-
By: R. David Patrick, P.E.
Principal Engineer
STATE OF TEXAS
COUNTY OF BELL
Gary Nelon
Mayor
Attest:
Sandra D. Lee
City Secretary
This instrument as acknowledged before me on this the �%' t' day of 001Lb
2004.
'"rn.
Notary Public
j,:.....,.,rz
DORIS M. WALTERS
Notary Publ�, State of Texas
;R
My Commissbn Expires
(off;„e
December 27, 2005
Printed name: 'PDWS Al. %VAi-79R4
Commission Expires: 12 -77 -VS
J
Exhibit A
(Updated October 4, 2004)
This updated Exhibit A to the original General Services Agreement between the City of
Georgetown and Kasberg, Patrick & Associates, L.L.P., dated March 14, 1995, provides for the
scope of engineering services required for developing design for the Pecan Branch Wastewater
Interceptor.
The attached letter details the services and associated charges for the proposed work.
KASBERG, PATRICK & ASSOCIATES, L.L.P.
CONSULTING ENGINEERS
One South Main
Temple, Texas 76501 (254) 773-3731 Fax (254) 773-6667 mail®kpaengineers.com
RICK N. KASBERG, P.E.
R. DAVID PATRICK, P.E.
October 4, 2004
Mr. Jim Briggs
Assistant City Manager
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627-0409
Re: City of Georgetown
Proposal for design of Pecan Branch Wastewater Interceptor, Georgetown, Texas
Dear Mr. Briggs:
This letter proposal is in response to your request for design services for:
Pecan Branch Wastewater Interceptor
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. The following are tasks that we have included in the work schedule:
PRELIMINARY ENGINEERING PHASE. This phase involves determination of project scope
and economic and technical evaluation of feasible alternatives. Services during this phase
include:
1. 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.
Mr. Jim Briggs
October 4, 2004
Page Two
3. Identifying and analyzing requirements of governmental authorities having
jurisdiction to approve the design of the project, and participating in consultations
with such authorities.
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 general
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. Analysis of existing utilities.
9. Analysis of existing wastewater facilities and the effect on the project.
FINAL DESIGN PHASE. This phase of project development is undertaken only after the CITY
has approved the preliminary engineering phase material. The basic services for the final design
phase includes:
1. Preparing construction drawings showing the character and extent of the project
based on the accepted preliminary engineering documents.
2. Preparing and furnishing to the CITY a revised opinion of probable costs based on
the final drawings.
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.
Mr. Jim Briggs
October 4, 2004
Page Three
4. Furnishing to the CITY the specified number of copies of drawings.
5. Design of wastewater line.
6. Design of connections to the existing system.
7. Design of abandonment of existing system.
8. Design surveys including the transfer of validated benchmarks to the proposed
area.
9. Preparation of construction drawings and specifications.
SPECIFIC INFRASTRUCTURE DESIGN FEATURES FOR THE PROJECT
• Research of existing facilities.
• Research of existing utilities.
• Final Design of wastewater facilities.
• Final Design of connection to the existing wastewater system.
• Permitting through the TCEQ.
• Construction drawings and specifications for the project.
If this proposal is agreeable, please return one executed original to our office.
Sincerely,
R. David Patrick, Y.E.
PDP crc
ATTACHMENT A
SUMMARY OF CHARGES FOR SERVICES
2004 - 2005 CAPITAL IMPROVEMENTS PROJECT
PECAN BRANCH WASTEWATER INTERCEPTOR
GEORGETOWN, TEXAS
TASK
Pecan Branch Wastewater
Interceptor
I. BASIC SERVICES
II. SPECIAL SERVICES
A. Preliminary Engineering
$
10,000.00
B. Final Design
$
22,700.00
C. Bidding
$
3,500.00
TOTAL BASIC SERVICES
$
36,200.00
TASK
Pecan Branch Wastewater
Interceptor
II. SPECIAL SERVICES
A.
Design Surveys
$
6,000.00
B.
Construction Staking
$
4,500.00
C.
TCEQ Clearance
$
3,000.00
D.
Archaeological Investigations
$
5,450.00
E.
Environmental Investigations
$
3,000.00
F.
Easements
$
4,000.00
G.
Construction Administration
$
14,900.00
TOTAL SPECIAL SERVICES
$
40,850.00
Agenda Item Check List
Financial Impact
Agenda Item:
Agenda Item Subject:
Is this a Capital Improvement
Project:
Council Date:
Pecan Branch Interceptor Ph III
Pecan Branch Interceptor Ph III Engineering
• Yes J No
10/26/2004
link to Agenda database =>
Need Help?
Was it budgeted? • Yes O No
Is it within the approved budgeted amount? • Yes C i No
If not, where is the money coming from?
G/L Account Number 651-101-6601-01
Amount Going to Council $ 77,050.00
Is there something (budgeted) that won't get Yes • No
done because you are spending these funds?
If so, please explain.
Will this have an impact on the next year's Yes • No
budget?
If so, please explain.
Does this project have future revenue Yes • No
impact?
Year: Department:
If so, how?
Identify all on-going costs (i.e., insurance,
annual maintenance fees, licenses,
operational costs, etc...).
Estimated staff hours:
Cross -divisional impact:
If so, what division(s)?
Future O&M (Maintenance) - $500 per year
Yes • No
Prepared by: Glenn Dishong Date: 10/19/2004
Agenda Item Checklist: Approved on 1011912004
Approvers; Title
lAssigned Notified
Received
Status Changed
Status
Jim Briggs Assistant City
10/19/2004 10/19/2004
10/19/2004
10/19/2004
Approved
Jose Lara Manager
10/19/2004 10/19/2004
10/19/2004
10/19/2004
Approved
Utility Financial
Analyst
Approval Cycle Settings
City Council Meeting Date: October 26, 2004 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to approve a contract between the
City of Georgetown and Southwestern University for the long-term
supply of Type I reclaimed water for irrigation and cooling tower
use.
ITEM SUMMARY:
Texas Commission on Environmental Quality (TCEQ) requires a formal
agreement between a reclaimed water provider and all end users. The
previous agreement, in effect since 1979, became outdated with the
recent upgrades to the reclaimed water system. The City of
Georgetown has agreed to provide Southwestern University up to
1,000,000 gallons per day of reclaimed water, subject to availability
at the City's Wastewater Treatment Plants. The User shall pay the
City's non -potable irrigation system rate established by Ordinance,
currently $.85 per 1,000 gallons.
This agreement shall be effective for one (1) year from the date of
commencement and shall automatically renew for a successive term of
one year on the anniversary of the date of commencement.
SPECIAL CONSIDERATIONS:
None
FINANCIAL IMPACT:
None
GUS BOARD RECOMMENDATION:
GUS Board recommended approval of the award of contract at their
October 19, 2004 meeting. Approved 7-0.
STAFF RECOMMENDATION:
Staff supports the GUS Board recommendation to approve a
contract between the City of Georgetown and Southwestern University
for long-term supply of Type I reclaimed water for irrigation and
cooling tower use.
COMMENTS:
None
ATTACHMENTS:
Agreement 4 Delivery and Use of Recl
tted By: JirH g Glenn W. Disko
ist t City Manager Water Services
For Utili Operations
I
STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT FOR
THE DELIVERY AND USE
OF RECLAIMED WATER
THIS AGREEMENT is made and entered into this day of .2004
("Effective Date") between Southwestern University ("USER") and the City of Georgetown
(..City,,).
WITNESSETH:
WHEREAS, the City owns, maintains and operates a utility system that provides treated
wastewater effluent to serve the non -potable water needs of City of Georgetown; and
WHEREAS, the City has provided service to USER since 1979; and
WHEREAS, such treated effluent (hereafter referred to as "Type I Reclaimed Water" or
"Reclaimed Water'), can be used for certain non -potable purposes; and
WHEREAS, the Texas Commission on Environmental Quality (TCEQ) requires contracts
between the producer and user, and
WHEREAS, USER is the owner of certain land in Williamson County Texas, being 700
acres, more or less, with portions used as a golf course and educational university campus (the
"Property'); and
WHEREAS, USER can benefit from the use of Reclaimed Water as a source of non -potable
water for non -potable uses and will be the party responsible to perform the covenants of this
Agreement; and
WHEREAS, USER desires to use Reclaimed Water from the City pursuant to the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained
herein, the City and USER do hereby agree as follows:
1. TERM
(a) Unless terminated pursuant to the terns and conditions of Paragraph 10, below, this
Agreement shall be effective for a term of one (1) year from the Effective Date of this
Agreement ("Date of Commencement'). The Agreement shall automatically renew for a
successive term of one year on the anniversary of the Date of Commencement, unless either
party has delivered to the other party written notice of termination pursuant to the terms and
Page 1 of 9
conditions of Paragraph 10, below.
2. USE OF TYPE I RECLAMED WATER
(a) USER shall use the Reclaimed Water only for irrigation of the Property, and for cooling
tower water in cooling towers owned and controlled by USER and located on the Property.
The USER shall use Reclaimed Water for the purposes authorized herein in a manner that
is consistent with all local, state, and federal regulations, and in such a manner as not to
require a state or federal wastewater discharge permit.
(b) If USER identifies any other proposed uses of Reclaimed Water on the Property, it may make
a written request to the City for approval for such use. The City shall review these proposed
new use(s) and approve or disapprove each new use of Reclaimed Water. The City shall not
unreasonably withhold its approval, but USER shall not be allowed to utilize the Reclaimed
Water for any additional purposes unless specifically authorized by the City in writing.
3. WATER QUALITY
(a) Reclaimed Water delivered under this Agreement shall be treated by the City to levels
acceptable to meet applicable federal and state requirements Type I Reclaimed Water. The
City shall monitor water quality as required by the Texas Commission on Environmental
Quality (TCEQ) Reclaimed Water Use Authorization. The City and USER shall comply
with all TCEQ regulations relating to the use of Reclaimed Water. In the event of unplanned
water quality deterioration the City will inform the USER as soon as practicable and delivery
of Reclaimed Water shall be discontinued until quality is restored to acceptable levels.
(b) The USER will take all reasonable precautions, including signs and labeling, to clearly
identify Reclaimed Water systems to prevent inadvertent human consumption. The USER
shall insure that no inter -connections are made between the Reclaimed Water systems and
other water systems. This shall not prohibit the storage of potable water, stormwater, surface
water, well water and Reclaimed Water in a common storage facility if a backflow
prevention system is provided.
(c) The USER hereby gives its approval to the City to conduct soil borings and locate monitoring
wells at the perimeter of the Property in areas agreeable to the USER so as not to interfere
with USER's operations. These monitoring wells shall be installed and sampled at periodic
intervals by the City if required as part of the permit for the Reclaimed Water system.
Page 2 of 9
4. QUANTITY OF RECLAIMED WATER TO BE DELIVERED
(a) Subject to availability at the City's wastewater treatment plant, and to the terms of this
Agreement, the City shall deliver up to 1,000,000 gallons per day of Reclaimed Water to the
Point of Delivery (defined below).
(b) The USER may, at its expense, use other sources of water during the entire term of this
agreement, without regard to the availability or non-availability of Reclaimed Water;
however, USER shall remain obligated to pay the charges set forth in Paragraph 6(a) below
for Reclaimed Water actually delivered under this Agreement.
5. POINT OF DELIVERY
(a) The Point of Delivery of Reclaimed Water from the City to the USER shall be designated
as the meter located outside the site boundary of the San Gabriel Wastewater Treatment
Plant.
(b) The City shall own, operate and maintain the meter at the Point of Delivery.
(c) The City shall own, operate, and maintain the Reclaimed Water distribution system upstream
of the Point of Delivery.
(d) The USER shall own, operate, and maintain all works downstream of the Point of Delivery.
The USER shall be solely responsible for the operation and maintenance of all portions of
the USER's Reclaimed Water distribution system located downstream of the Point of
Delivery as well as within the boundaries of the Property. The City shall identify and the
USER shall implement at its expense any improvements/upgrades or modifications of the
USER's system as a condition of receiving Reclaimed Water. At the time this Agreement
is executed, the City, to the best of its knowledge, acknowledges there are no
improvements/upgrades or modifications necessary at this time.
(e) The USER shall provide, if necessary, and in a manner approved by the appropriate
regulatory agencies or by the City, appropriate backflow prevention device(s) between the
Reclaimed Water system and any potable water systems. ). The cost of such device(s) and
its installation shall be home by the USER, and the complete operation of the device shall
be the responsibility of the USER. The USER agrees to identify to the City all well(s) or
surface water bodies connected to the Reclaimed Water system.
Page 3 of 9
6. RATES, FEES AND CHARGES.
(a) USER shall pay the City the Non -Potable Irrigation System Rate in effect for all Reclaimed
Water delivered under this Agreement as such rate may be established by the City from time
to time.
(b) The City reserves the right to review and revise Non -Potable Irrigation Water rates without
the consent of USER.
7. DELIVERY OF RECLAMED WATER UNDER ADVERSE CONDITIONS
Both parties also recognize that adverse weather conditions or other unforeseen circumstances
may result in a demand for Reclaimed Water greater than 1,000,000 gallons per day. The USER
shall have the right to request additional Reclaimed Water to be delivered by the City to the
Property, subject to availability of Reclaimed Water supplies and at the rate per gallon
established by City ordinance.
8. INABILITY TO DELIVER
(a) The City shall use its best efforts to deliver up to one million (1,000,000) gallons per day of
Reclaimed Water to USER.
(b) If and when situations occur where the City cannot deliver up to one million (1,000,000)
gallons of Reclaimed Water on a specific day, the City shall notify the USER by telephone,
e-mail, or fax, and, if initial notification is by telephone, shall follow-up with written
confirmation as soon as possible thereafter. Notwithstanding the notice requirements set
forth in paragraph 19, notification to USER under this paragraph 8(b) shall be as follows:
Southwestern University
Attention: Joe LePage
FAX: (512) 863-1923
Telephone: (512) 863-1914
Email: lepagej@southwestem.edu
9. DISCLAIMER OF WARRANTIES
(a) Express Warranties. The City disclaims all express warranties except with regard to the
treatment of the Reclaimed Water to meet federal and state standards for Type I Reclaimed
Water. The City does not represent nor warrant that the Reclaimed Water delivered to the
USER shall be suitable for use in cooling towers or increase the productivity of the irrigated
Page 4 of 9
property or result in any changes to the land, crops, or vegetation. Further, the use of any
plans, specifications, water quality analysis or treated wastewater sampling during the
negotiations leading to this contract serve to merely indicate the general quality of Reclaimed
Water which will be delivered to the USER. Such plans, specifications, water quality
analysis or treated wastewater samples create no warranty that the Reclaimed Water
delivered by the City will conform to these items.
(b) Implied Warranties. The City disclaims any implied warranties of merchantability or fitness
of the Reclaimed Water delivered under this contract for any purposes.
10. TERMINATION; ASSIGNMENT BY THE CITY
(a) Termination. The City and/or USER, after 60 days advance written notice to the other party,
shall have the right to terminate this Agreement for any reason or for no reason. All rates,
fees and charges due as of the effective date of the termination shall be paid in full by USER
to CITY within thirty (30) days of the date of receipt by USER of a final invoice from the
City.
(b) Termination for USER's Non -Compliance. Notwithstanding the provisions of Subsection
10(a), above, the City may terminate this Agreement if USER fails to operate or maintain any
part of the Reclaimed Water system that is downstream of the Point of Delivery in a manner
that is not in compliance with any applicable federal or state or local laws or rules pertaining
to storage, transmission, use or disposal of Reclaimed Water ("Non -Compliance'). City
shall provide written notice to USER of its intent to terminate for Non -Compliance, and
USER shall have ten (10) days after the date of said letter to certify to City that the
Reclaimed Water system is in compliance with all applicable federal, state and local rules.
The certification must be in writing and must explain in detail what steps were taken to
correct the Non -Compliance. hi addition, USER shall be solely responsible for all
administrative, civil or criminal fees, fines, penalties, claims, notices of violation, judgments,
orders, costs, or damages resulting from any and all alleged or actual Non-Compliance(s) and
shall indemnify, defend and hold the City, its officers, employees, and agents, harmless from
all administrative, civil or criminal fees, fines, penalties, claims, notices of violation,
judgments, orders, costs, or damages from or arising out of any and all alleged or actual Non-
Compliance(s).
(c) Assignment by the City. The City shall have the right to transfer all or any part of the
treatment or distribution facilities to another public utility and to assign all or any part of its
rights and obligations under this Agreement to another public utility who shall be bound by
and be exclusively responsible for all applicable terms and conditions of this Agreement.
Page 5 of 9
11. EXCUSE FROM PERFORMANCE BY GOVERNMENTAL ACTS
If for any reason during the term of this Agreement, local, state or federal governments or
agencies shall fail to issue necessary permits, grant necessary approvals, or shall require any
change in the operation of the treatment, transmission and distribution systems or the
application and use of Reclaimed Water, then to the extent that such requirements shall affect
the ability of any party to perform any of the terms of this Agreement, the affected party shall
be excused from the performance thereof and a new Agreement shall be negotiated by the
parties hereto to conformity with such permits, approvals, or requirements.
12. TRANSFER OR SALE OF PROPERTY
The USER's right to sell, transfer or convey the Property to a person or entity that uses the
Reclaimed Water for the purposes authorized in Paragraph 2 of this Agreement shall not be
restricted by this Agreement, except that written notice of any proposed sale or transfer must
be given to the City at least thirty (30) days prior to the sale or transfer, and any such
subsequent party in interest shall assume USER's obligations under this Agreement.
INDEMNIFICATION
(a) The USER shall indemnify and hold harmless the City, including its officers, directors,
employees and agents, against any and all claims, actions, suits, proceedings, costs, expenses,
damages or liabilities arising out of any injury, illness or disease to persons or damage to
property caused, in whole or in part (but if in part, to the extent caused in part), by the
Reclaimed Water fimrnished by the City to the USER hereunder. Notwithstanding the
foregoing, the USER shall indemnify the City for any alleged or actual Non -Compliance in
accordance with the terms of Section 10(b), above.
(b) The USER shall save and hold harmless and indemnify the City, its agents, representatives
and employees from all claims, costs, penalties, damages and expenses (including attorney's
fees) arising out of claims related to the USER's construction, erection, location, operation,
maintenance, repair, installation, replacement or removal of that part of the system controlled
by the USER for Reclaimed Water storage, transmission, delivery, use or disposal.
ACCESS
The City shall have the right, with prior notice and permission of USER, with such
permission not being unreasonably withheld, to enter upon the property of the USER to
review and inspect the facilities and operations of the USER with respect to conditions
agreed to herein.
Page 6 of 9
DISCLAIMER OF THIRD PARTY BENEFICIARIES
This Agreement is solely for the benefit of the formal parties hereto and no right or cause of
action shall accrue upon or by reason hereof, to or for the benefit of any third party not a
formal party hereto.
16. SEVERABILITY
If any court finds any part of this Agreement invalid or unenforceable, such invalidity or
unenforceability shall not affect the other parts of this Agreement if the rights and obligations
of the parties contained therein are not materially prejudiced and if the intentions of the
parties can continue to be effective. To that end, this Agreement is declared to be severable.
17. BINDING UPON SUCCESSORS
Except as otherwise provided in Paragraphs 10 and 12 above, this Agreement shall be
binding upon and shall inure to the benefit of the successors or assigns of the parties hereto.
18. APPLICABLE LAW
This Agreement and the provisions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Texas. Venue lies in Williamson County,
Texas.
19. NOTICES
All notices required or authorized under this Agreement shall be given in writing and shall
be served by mail on the parties at the addresses listed below:
City: City Manager
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
USER: Southwestern University
Attention: Vice President for Fiscal Affairs
P.O. Box 770
Georgetown, Texas 78627
Page 7 of 9
FAX: (512) 863-1436
Telephone: (512) 863-1475
Email: andersor@southwestern.edu
20. ENTIRE AGREEMENT
This written Agreement constitutes the entire agreement between the parties. Modifications
to and waivers of the provisions herein shall not be binding unless made in writing and
signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first
above written.
USER:
Southwestern University
By:
Name:
Title:
CITY:
CITY OF GEORGETOWN
By:
Gary Nelon, Mayor
ATTEST:
Sandra Lee, City Secretary
Approved as to form:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
Page 9 of 9
I
4;:
City Council Meeting Date: October 26, 2004 Item No.
AGENDA ITEM COVER SHEET
SUBJECT: Consideration and possible action for the award of the bid
for spun -cast prestressed concrete poles to Newmark International,
Inc. in the amount of $67,906.00.
ITEM SUMMARY:
Bids were received for the purchase of spun -cast prestressed
concrete poles to be used for the Highway 29 widening in
conjunction with the Wolf Ranch Shopping Center project. The staff
recommendation is to award this bid to the only bidder responding,
Newmark International, Inc., as designated on the attached bid
tabulation
SPECIAL CONSIDERATIONS:
Relocation of this line from the south side of Highway 29 to the
north side will also allow Georgetown Utility Systems Electric to
better serve the 10 customers that switched providers from TXU
Energy Delivery to Georgetown Utility Systems. All of the
switchovers are located on the north side of Highway 29.
FINANCIAL IMPACT:
Funds for this expenditure are budgeted in Electric Capital
Improvement account for the off site improvements associated with
the Wolf Ranch Shopping Center.
GUS BOARD RECOMMENDATION:
GUS Board recommended approval of the award of contract at their
October 19, 2004 meeting. Approved 7-0.
STAFF RECOMMENDATION:
Staff supports the GUS Board recommendation to award the bid for
prestressed concrete poles for use for the Hwy 29 widening project
in conjunction with the Wolf Ranch Shopping Center project.
COMMENTS:
NONE
ATTACHMENTS:
1. Bid Tabulat
tted By:
City Manger tnergy Servic�j Manager
ies
SPUN•CAST PRESTRESSED CONCRETE POLES
BID NO. 24039
BID TABULATION
Item
Pole Number
Newmark Unit Price ($)
A-1
17703
$
4,519.00
A-2
NPI
$
4,242.00
A-3
NP14A
$
4,519.00
A-4
NP6
$
3,473.00
A-5
NP7
$
3,317.00
A-6
NP10
$
2,886.00
A-7
NPI 1
$
2,886.00
A-8
NP 14B
$
3,353.00
A-9
NP14C
$
3,353.00
A-10
NP 13
$
3,473.00
A-11
NP14
$
5,563.00
A-12
NP 14D
$
5,577.00
A-13
NP 16
$
6,100.00
A-14
NP 17
$
5,087.00
A-15
NP 18
$
4,779.00
A-16
NP 19
$
4,779.00
Total Newmark Bid* $ 67,906.00
*Low Bid
No Bid: Stresscrete,Inc.
Council Meeting Date: October 26, 2004 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Council consideration and possible action to award the bid for the
construction of Tasus way to Austin Engineering Company, Inc. for
$194,695.50.
ITEM SUMMARY:
A contract for engineering services related to Tasus Way was
approved by Council on April 13, 2004. On September 2, 2004 bids
were received and opened for the Tasus Way project. The low bidder
was Austin Engineering Co., Inc. Texas with a bid of $194,695.50.
The Engineer found this company to have recently satisfactorily
completed similar projects in the Georgetown Area. Therefore, staff
recommends award of the bid for construction of Tasus Way for
$194,695.00.
SPECIAL CONSIDERATIONS:
None.
FINANCIAL IMPACT:
Funds for Construction will be deducted from the following
accounts.
400-101-00 GTEC CIP $190,950.00
611-101-6117-02 Street Lighting $ 3,745.50
GTEC BOARD RECOMMENDATION:
GTEC Board recommended approval of the award of contract at
their October 20, 2004 meeting. Approved 6-0. Boecker was absent.
STAFF RECOMMENDATION:
Staff recommends award of the bid to Austin Engineering Co
Inc. Texas for the construction of Tasus Way for $194,695.50.
COMMENTS:
None.
ATTACHMENTS:
1. Bid Tab
2. Engineer's Letter of recommendation
Submitted By: Jim Briggs, a k Miller,
Assistant City Manager Transportation
for Utilities Manager
Services
1239-A Alam Trace Parkway, Suhe 210
Ausdn,Tex 78727
10. 5133461100
fPa: $12345-1483
September 9, 2004
Mr. Thomas A. Benz, F.R.
Systems Engineering Manager
Georgetown Utility Systems
City of Georgetown
300 Industrial Avenue
Georgetown, TX 78626
RE: City of Georgetown
Tasus Way
Recommendation of Award
Dear Mr. Benz:
On September 2, 2004 at 2:00 p.m. at the City of Georgetown offices of the Georgetown Utility
Systems, bids were received and opened for Tasus Way. The project consists of a 680 -foot cul-de-
sac, 24 -foot wide roadway, from S. Austin Avenue to Georgetown Industrial Park, South-west
~ Phase One, Section One, Tract One. Three bids were received as shown in the summary tabulation
below. Champion Site Prep, LP submitted a non-responsive bid (the addenda was not
acknowledged), thus their bid was not read_ A detailed tabulation of the unit price items is
attached to this letter.
Company Name
Base Bid
Amount
Austin Engineering Co., Inc.
$194,695.50
Ranger Excavating, LP
$194,715,00
FT WOODS Construction Services, Inc.
$223,766.00
The low bidder was Austin Engineering Co., hu, Texas. They have recently satisfactorily
completed similar projects in the Georgetown area. We believe they are qualified to perform the
work included in the Plans and Specifications within the conditions of the Contract. Therefore,
Camp Dresser & McKee recommends that the City of Georgetown award Tasus Way contract to
Austin Engineering Co., Inc. for the Base Bid in the amount of $194,695.50.
w:cnyorceorpeivn.�rcu:uswayttbrrespmaawAlwNionc,9•aoe
eat—i VOW00 d I[V-1 2191 Z uilany 000-flUl hVIVII VOOMI-60
Mr. Thomas A. Benz,
September 9, 2004
Page 2
If you need additional information regarding this recommendation of award, or have any questions
regarding the bids, please call.
Sincerely,
CAMP DRESSER & McKEB INC.
Willram T_ Reynolds, P.E.
Engineer
cc: Mark Miller, GUS
19
WR:ta
ATTACHMENT
098-1 000/800 d II0-i ZIBI Z u,isnV Yi00-Aodd AVIZ:II 000Z-ZI-00
CITY OF GEORGETOWN
Georgetown Utility System
Tasus Way
Match Bid September 2, 2004
FT Woods Construction
Austin Engineering Co., Inc.
Ranger Excavating, LP
Services, Inc.
P.O. Box 342349
5222 Thunder Creek Rd, B-1
P.O. Box 122
Austin, TX 787342349
Austin, TX 78759
Georgetown, TX 78627
Item No.
Description
Quantity
I Unit
I Unit Price
I Total Amt.
Unit Price
I Total Amt.
Unit Price
I Total Amt.
G2
Right-of-way Preparation
1
L. S.
1 $25,640.00
$25,640.00
$38,000.00
$38,000.00
$45,000.00
$45,000.00
G&A
Silt Fence for Erosion Control
660
L. F.
$1.75
$1,155.001
$2.00
$1,320.001
$1.50
$990.00
G6 -B
Stabilized Construction Entrance
1
Ea.
$470.00
$470.00
$1,000.00
$1,000.00
$1,000.00
$1,000.00
G6 -C
Tree Protection
4
Ea.
$300.00
$1,200.00
$200.00
$800.00
$225.00
$900.00
G6 -D
Erosion Control Blankets
1,5001
S.Y.
$1.90
$2,850.00
$2.00
$3,000.00
$2.00
$3,000.00
SD1
3 -Inch Hot Mix Asphaltic Concrete Pavment,
Type D
2,790
S.Y.
$8.85
$24,691.50
$10.00
$27,900.00
$10.00
$27,900.00
SD3L
6 -Inch Compacted Lime Treated Subgrade
3,680
S.Y.
1 $4.00
$14,720.00
$3.00
$11,040.00
$6.00
$22,080.00
SD3
Additional 6 -Inch Compacted Flexible Base
3,680
Sly
1 $6.00
$22,080.00
$4.00
$14,720.00
$7.00
$25,760.00
SD4
14 -Inch Flexible Base
3,500
S.Y. 1
$13.60
$47.600.00
$8.00
$28,000.00
$12.50
$43,750.00
SD5
Pavement Markings
1,260
L.F.
$2.65
$3,339.00
$2.00
$2,520.00
$2.00
$2,520.00
C3 -C
5 -Inch Concrete Riprap
93
S.Y.
$35.00
$3,255.00
$55.00
$5,115.00
$42.00
$3,906.00
C3 -S
6 -Inch Dry Stone Riprap (Common)
90
S.Y.
$100.00
$9,000.00
$25.00
$2,250.00
$26.00
$2,340.00
C4
Concrete Curb and Gutter
1,600
L.S.
$9.00
$14,400.00
$10.00
$16,000.00
$8.00
$12,800.00
C5
4 -Inch Concrete Sidewalk
280
S.Y.
$31.25
$8,750.00
$35.00
$9,800.00
$31.50
$8,820.00
540
Metal Beam Guard Fence
80
L. F.
$36.50
$2,920.00
$25.00
$2,000.00
$35.00
$2,800.00
542
Removing Metal Beam Guard Fence
125
L. F,
$5.00
$625.00
$10.00
$1,250.00
$4.00
$500.00
E1
Street Lighting Supports and Conduits
1
L.S.
$12,000.00
$12,000.00
$30,000.00
$30,000.00
$19,700.00
$19,700.00
TOTAL BASE BID I
1
$194,695.50
$194,715.00
$223,766.00