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Agenda CC 11.25.2008
Notice of Meeting of the Governing Body of the City of Georgetown, Texas NOVEMBER 25, 2008 The Georgetown City Council will meet on NOVEMBER 25, 2008 at 6:00 P.M. at the Council Chamber at 101 E. 7th Street If you need accommodations for a disability, please notify the city in advance. Regular Session (This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) A Call to Order Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures Announcements from City Manager -Thankgiving Holidays -TDS Trash Pickup for Thanksgiving Holiday -Boards and Commission Applications -Lighting of the Square, Christmas Stroll, and Parade Action from Executive Session Public Wishing to Address Council On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. B - As of the deadline, there were no persons who requested to address the Council on items other than already posted on the Agenda. Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that may be acted upon with one single vote. An item may be pulled from the Consent Agenda in order that it be discussed and acted upon individually as part of the Regular Agenda. C Consideration and possible action to approve the minutes of the Council Workshop on Monday, November 10 and the Council Meeting on November 11, 2008 -- Sandra D. Lee, City Secretary D Consideration and possible action to approve the assignment of the Airport Land Lease at 402 Wright Brothers Drive from D&R Hangars, DBA: AIM Aviation, to B&G Aviation, LLC -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager E Consideration and possible action to approve the request to assign the Airport Land Lease at 402 Wright Brothers Drive to the City National Bank of Taylor as collateral for purchase of the hangar by B&G Aviation, LLC -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager F Discussion and possible action to approve a Mutual Consent Agreement between the Georgetown Economic Development Corporation and Pro -Build South, L.L.C. consenting to the Assignment by Hope Lumber & Supply Company, L.P. to Pro -Build South, L.L.C., of that Certain Performance Agreement Relating to the Maintenance of at Least Forty -Four Full Time Jobs at its Facility Until July 31, 2009 -- Mark Thomas, Economic Development Director and Paul E. Brandenburg, City Manager G Consideration and possible action to accept the September 30, 2008 end preliminary financial information -- Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration H Consideration and possible action to approve the purchase of an Itron MC3 Mobile Collector to replace our current model, at a price of $45,750.00 -- Kathy Ragsdale, Utility Office Manager and Micki Rundell, Director of Finance and Administration I Consideration and possible action to approve a Master Services Agreement with Espey Consultants, Inc., Austin, Texas, for environmental and professional engineering -- Thomas R. Benz , P. E., System Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations J Consideration and possible action to approve a Contract Agreement with Fox-Smolen & Associates, Austin, Texas, for consulting services, in amount not to exceed $46,000.00 -- Thomas R. Benz, P. E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations K Consideration and possible action on a Preliminary Plat for 1.249 acres in the Foy Survey, extending Sun City Boulevard R.O.W. from Salt Creek Lane to Ronald Reagan Boulevard -- Jordan Maddox, Planner III and Elizabeth Cook, Director of Planning and Development L Consideration and possible action on a Preliminary Plat for 33.76 acres in the J. Fish and D. Wright Surveys, to be known as Colonial Communities, located near in the intersection of Shell Road and Williams Drive -- Carla Benton, Planner II and Elizabeth Cook, Director of Planning and Development M Consideration and possible action regarding the Annexation Development Agreement authorized by Section 212.172 of the Texas Local Government Code with Cody and Dee Dee Hawes relating to that certain tract of land having the 2008 Williamson County Short ID Number R079865 and located in 2008 Annexation Area NW5 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development N Consideration and possible action regarding the Annexation Development Agreement authorized by Section 43.035 of the Texas Local Government Code with Barbara and Roy T. Gunn relating to that certain tract of land having the 2008 Williamson County Short ID Number R079841 and located in 2008 Annexation Area NW2 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development O Consideration and possible action regarding the Annexation Development Agreement authorized by Section 43.035 of the Texas Local Government Code with Paluxy Square Partners relating to that certain tract of land having the 2008 Williamson County Short ID Number R315431 and located in 2008 Annexation Area NW2 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Legislative Regular Agenda P Consideration and possible action to approve the award of the bid for vehicles to Philpott Ford and Mac Haik Ford in the amount of $301,377.00 -- Terry Jones, Support Services Construction Manager and Micki Rundell, Director of Finance & Administration Q Consideration and possible action to award the bid for the parking improvement projects to Smith Contracting Co., Inc. in the amount of $419,490.50 -- Terry Jones, Support Services Construction Manager, Micki Rundell, Director of Finance & Administration R Consideration and possible action to set the Solid Waste Fuel Cost Adjustment (SWFCA) at a price that will recover the cost of fuel, over and above the base fuel cost included in the City's retail solid waste rates, for the Solid Waste contract period of September 2007 — September 2008 -- Kathy Ragsdale, Utility Office Manager and Micki Rundell, Director of Finance and Administration S Discussion and possible action to approve an interlocal funding agreement between the City and the Georgetown Transportation Enhancement Corporation (GTEC) regarding funding arrangements for the Williams Drive project -- Micki Rundell, Director of Finance & Administration T Discussion and possible action to accept a bid from Storm Sirens, Inc. of Norman, Oklahoma, in partnership with Sentry Siren, Inc. for the turnkey installation of an emergency outdoor warning siren system in the amount of $214,000.00 -- Kevin Stofle, Assistant Chief of Police and David Morgan, Chief of Police U Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve Change Order #1 to the contract with Central Road and Utility, Ltd to expand the scope of the project to include a 12" potable water line located on North East Inner Loop near CR 151 required by the 2005 Annexations in the 16" Irrigation Water Line and Irrigation Pump Station Improvement Project in the amount of $79,557.60 -- Thomas R. Benz , P. E., System Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations V Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action for approval of the contract with Lower Colorado River Authority ("LCRA") for the purchase of electric distribution and transmission materials for FY 2008/2009 from vendor award contract for the LCRA Electric Material Acquisition Program in the estimated amount of $500,000.00 -- Ken Arnold, Energy Services Director, Jim Briggs, Assistant City Manager for Utility Operations W Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve a Master Services Agreement with McCord Engineering, Inc., College Station, Texas, for professional engineering services -- Thomas R. Benz , P. E., System Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations X Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve Task Order No. MEI-08-001 with McCord Engineering, Inc, of College Station, Texas, pursuant to the terms of the Master Services Agreement, for professional services related to General Electrical Engineering, Electric System Mapping, CIP Planning, and Master Planning of the City of Georgetown's Electrical System for an amount not to exceed $290,000.00 -- Thomas R. Benz , P. E., System Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations Y Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve Task Order No. MEI-08-002 with McCord Engineering, Inc, of College Station, Texas, pursuant to the terms of the Master Services Agreement, for professional services related to New Development Engineering for the City of Georgetown's Electrical System for an amount not to exceed $450,000.00 -- Thomas R. Benz , P. E., System Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations Z Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve Task Order No. MEI-08-003 with McCord Engineering, Inc, of College Station, Texas, pursuant to the terms of the Master Services Agreement, for professional services related to Capital Improvement Planning (CIP) Project Engineering for the City of Georgetown's Electrical System for an amount not to exceed $200,000.00 -- Thomas R. Benz , P. E., System Engineering Director, Jim Briggs, Assistant City Manager for Utility Operations AA Second Reading of an Ordinance amending Section 13.36.130 of the Code of Ordinances pertaining to setting the culpable mental state required for a violation of Chapter 13, Section 36 at criminal negligence -- Micki Rundell, Director of Finance & Administration; Cathy Leloux, Court Administrator and Patricia E. Carls, City Attorney BB Second Reading of an Ordinance adding new Section 1.08.040 to the Code of Ordinances pertaining to a culpable mental state for violations of the Code -- Micki Rundell, Director of Finance & Administation; Cathy Leloux, Court Administator and Patricia E.Carls, City Attorney CC Second Reading of an Ordinance amending the City Code relating To "Authority of City Manager to Contract;" adding new section relating to change orders; and adding new section relating to delegation of purchasing authority by City Manager -- Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance & Administration DD Second Reading of an Ordinance amending Title 14 of the Code of Ordinances relating to franchises, repealing expired provisions of Chapter 14.20; adopting a new Chapter 14.20 to establish a new franchise agreement between the City of Georgetown and the Pedernales Electric Cooperative, Inc. for the provision of electrical service within a portion of the City for a period of ten years, and that the City shall receive a quarterly franchise fee for such use; providing for indemnification of the City; and requiring newspaper publication of the full text of this ordinance in accordance with Section 8.03 of the City Charter -- Jim Briggs, Assistant City Manager for Utility Operations and Patricia E. Carls, City Attorney EE Second Readingof an ordinance Rezoning 2.131 acres (Tract 1) from OF, Office to C-1, Local Commercial and 7.558 acres from OF, Office to MF, Multifamily (Tract 2) out of 33.76 acres in the J. Fish and D. Wright Surveys, located near in the intersection of Shell Road and Williams Drive -- Carla Benton, Planner III and Elizabeth Cook, Director of Planning and Development FF Public Hearing and First Reading of an Ordinance on a Rezoning from AG, Agriculture District to C-1, Local Commercial District for 10.55 acres in the Donagan Survey, located at 2451 State Highway 29, also known as 29 Oaks Subdivision -- Jordan Maddox, Planner III and Elizabeth Cook, Director Planning and Development GG Public Hearing and First Reading on an Amendment to the Unified Development Code to revise Sections 5.01.030, 5.02.140 and 16.04 as they relate to Bed & Breakfast establishments -- Robbie Wyler, Historic District Planner and Elizabeth Cook, Director Planning and Development Executive Session 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. HH Sec.551.071: Consultation with Attorney 1. 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 2. Legal issues related to the City of Georgetown' s power supply contract with LCRA and potential litigation pertaining to same 3. Mark Shelton v. City of Georgetown, et al;Cause No. A07CA063; in the United States District Court for the Western District of Texas, Austin Division 4. Lear v. Jimmy Lewis Fennell and City of Georgetown,Cause No. A08-CA-719LY, in the United States District Court for the Western District of Texas Austin Division 5. First Citizens Bank & Trust Company v. City of Georgetown,Cause No. D-1-GN-08-02325, 53rd Judicial District, Travis County, Texas 6. Discussion of legal issues related to payment obligations for the Public Utility Improvements under the "Development Agreement with Forestville Associates, a Maryland General Partnership, regarding development of Wolf Ranch" dated September 11, 2003 7. Berry Creek Partners v. City of Georgetown, Cause No. 08-767-C277, in the District Court of Williamson County, 277th Judicial District II Sec 551.072: Deliberation about Real Property 1. Consideration and possible action to approve rental rate and Lease Agreement with Aircraft Systems and Manufacturing, Inc. for the real property and improvements located at 302 Toledo Trail and to approve the memorandum of expiration of Lease pertaining to the old ground lease for the property located at 302 Toledo Trail -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager 2. Consideration and possible action regarding purchase of property in the Williams Drive Gateway for future right-of-way JJ Sec.551.086 Competitive Matters 1. Consideration and Possible action to approve a potential contract relationship with American Electric Power (AEP) related to renewable resources beginning January 2009 -- Jim Briggs, Assistant City Manager for Utility Operations Adjournment 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 of Georgetown, Texas November 25, 2008 SUBJECT: Call to Order Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures Announcements from City Manager -Thankgiving Holidays -TDS Trash Pickup for Thanksgiving Holiday -Boards and Commission Applications -Lighting of the Square, Christmas Stroll, and Parade Action from Executive Session ITEM SUMMARY: None FINANCIAL IMPACT: None SUBMITTED BY: Jessica Hamilton, Assistant City Secretary Cover Memo Item # A City of Georgetown, Texas November 25, 2008 SUBJECT: - As of the deadline, there were no persons who requested to address the Council on items other than already posted on the Agenda. ITEM SUMMARY: None FINANCIAL IMPACT: None SUBMITTED BY: Jessica Hamilton, Assistant City Secretary Cover Memo Item # B City of Georgetown, Texas November 25, 2008 SUBJECT: Consideration and possible action to approve the minutes of the Council Workshop on Monday, November 10 and the Council Meeting on November 11, 2008 -- Sandra D. Lee, City Secretary ITEM SUMMARY: Please see attachments for minutes. FINANCIAL IMPACT: None SUBMITTED BY: Sandra D. Lee, City Secretary ATTACHMENTS: November 10, 2008 Minutes November 11, 2008 Minutes Cover Memo Item # C Attachment number 1 Page 1 of 3 Draft Minutes of the Meeting of the Governing Body of the City of Georgetown, Texas Monday, November 10, 2008 The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Council Absent: Patty Eason, Gabe Sansing, Keith Brainard, Bill All Council present Sattler, Pat Berryman, Dale Ross, Ben Oliver Staff Present: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager; Micki Rundell, Director of Finance and Administration; Leticia Zavala, Controller; Elizabeth Cook, Planning and Development Director; Kevin Russell, Human Resources Director; Kelly Bressler, Human Resources Generalist; Eric Lashley, Library Director; Judy Fabry, Administrative Assistant III for Library; Kathy Ragsdale, Utility Office Manager; Jana Kern, Administrative Assistant for Georgetown Utility Systems; Mark Thomas, Economic Development Director; Marsha Iwers, Purchasing Manager Minutes Policy Development/Review Workshop - Called to order at 04:03 PM Mayor Garver explained the agenda format and listed the sections to be discussed in Executive Session. A Overview of proposed 2008-2009 City of Georgetown employee benefits -- Kevin Russell, Human Resources Director and Paul Brandenburg, City Manager Russell explained that a decision is needed by the Council at tomorrow night's meeting. He noted that he had distributed to Council a summary page of the request for proposal, and he explained it to Council. He said there were originally five providers, but staff narrowed them down to two, being Humana and Scott and White. He noted the guidelines were followed in negotiating with the two bidders, and the selection criteria was provided to each of the two bidders. He said they were told to bring a bid for both a High Deductible Plan as a sole plan, and a High Deductible Plan alongside a Copay Plan. He said a nine -person committee, representing all sections of city employment, determined to use the High Deductible Plan from Humana. Oliver and Brainard attended the meeting with the employee committee, and Oliver said since the cost to the City was the same, it should be the employees who make the choice. Brainard said he agreed with Oliver and the two "sticking points" that caused this issue to go back to the committee were (1) the concern about the process and assurance that the two bidders had an equal opportunity to bid; and (2) the issue of the high deductible and the other plan being available to the city employees. Mayor confirmed that the two councilmembers agreed that the decision made by the Committee should be endorsed by the Council. B Workshop discussion and annual review of the City's Investment Policy -- Leticia Zavala, Controller, Micki Rundell, Director of Finance & Administration With a slide presentation, Zavala reviewed the City's investment policy, saying this review of the cash and investment activities of the City, GTEC, and GEDCO, is required on an annual basis by the Public Funds Investment Act, the City's Investment Policy, and the Governmental Accounting Standards Board Statement No. 31. Rundell reviewed the City's 4th Quarter Investment Report. She said the total portfolio is $74,129,529 (City = $53,215,379, GTEC = $18,636,437, GEDCO = $2, 277,713). She explained, because of the insecurity of the national market, the City is not doing a lot of investing because the yield is low at this time. She said the City Council Meeting Minutes/November 10, 2008 Page 1 of 3 Pages Item # C Attachment number 1 Page 2 of 3 subprime mortgage crisis is affecting the market outlook for the City. She told Council she would bring forth some changes for their consideration at the meeting tomorrow night. There were questions from Brainard regarding the City's portfolio. C Update presentation on the City's Budget Contingency Plan and related 2008/09 impacts -- Micki Rundell, Director of Finance and Administration Rundell explained the Budget Contingency Plan was put in place as a part of the Fiscal and Budgetary Policy of 2002/03 after the shortfall from 9-11. She explained the two stages of action used for managing revenue shorfalls due to national or local economic downturns. She noted that Stage 2 has never been implemented. She said the contingency reserves are looked at by bond rating companies to indicate the City's financial health, showing emergency preparedness. She said the City's contingency reserve, per policy, contains $14,520,000, representing 75 days of citywide operating expenses, allocated between funds. She explained the $2M of excess funds and approximately $1 M left from the 2007/08 fiscal year will be used to fund one-time projects. There were questions from Council. She said some of the revenues for 2008/09 could be less than anticipated. She said sales tax revenues from building materials may be lower due to the housing slow down. She displayed graphs that showed Sales Tax Revenue by Month, Annual Sales Tax Comparison, and Residential Building Permits. She explained potential expenditure savings, such as delays in hiring staff, reducing travel and training, reducing other operating expenses, fuel savings, health insurance savings from the budgeted 15% increase, TMRS savings from what was budgeted, delaying capital replacement of police vehicles and computer replacements, delaying capital maintenance, and delaying or reducing debt issuance for 2009 and 2010. She spoke about the possibility of a decrease in property valuations regarding the 2009/10 tax rate. She said Georgetown has the largest amount of frozen taxes of any city in Texas, noting that 40% of the homesteads have frozen property taxes. She explained options if the City doesn't raise the taxes to the effective rate next year, such as monitoring revenues very closely, and continuing Stage 1 Budget Contingency planning. She said she will provide monthly updates to the Council. Brandenburg also noted that hotel/motel tax has begun to dip. Rundell said staff is hopeful of an increased return on investment. Mayor recognized Joe Savage in the audience for the work he did advertising a positive vote on the City's bond issues. D Joint Workshop with Arts & Culture Board including a discussion regarding the Arts and Culture Board's proposed 2008-2009 budget and a review of the work done by the Board in 2007-2008 Mayor welcomed the Arts and Culture Board and introduced Chair Ruth Roberts. With a slide presentation, Roberts displayed donated art work that is currently on display at the Library. She listed the Board's community involvement and sponsorships. She presented the proposed Arts and Culture 2008-2009 Budget of $88,000, without figures designated, including Public Art, an Arts Master Plan, lighting improvements and hanging systems at the Library, and administrative costs. Berryman suggested having the City display artwork from student artists at Southwestern. Berryman also suggested looking into collections to be displayed at the City. Roberts indicated there would be a large expense for insurance and transportation. They discussed loans of personal collections to the City. Lashley said the Board needs a plan for all of the ideas that come up. Sattler asked and there was discussion regarding establishing a 501(c)3 for the Arts Board. 5:52 p.m. -- 10-minute recess and Executive Session Executive Session 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. E Sec.551.071; Consultation with Attorney 1. 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 2. Legal issues related to the City of Georgetown's power supply contract with LCRA and potential litigation pertaining to same 3. Mark Shelton v. City of Georgetown, et al; Cause No. A07CA063; in the United States District Court for the Western District of Texas, Austin Division 4. Lear v. Jimmy Lewis Fennell and City of Georgetown, Cause No. A08-CA-719LY, in the United States District Court for the Western District of Texas Austin Division 5. First Citizens Bank & Trust Company v. City of Georgetown, Cause No. D-1-GN-08-02325, 53rd Judicial District, Travis County, Texas 6. Discussion of legal issues related to payment obligations for the Public Utility Improvements under the "Development Agreement with Forestville Associates, a Maryland General Partnership, regarding development of Wolf Ranch" dated September 11, 2003 7. Discussion of legal issues related to Development Agreement and Utility Agreement for the Water Oak Subdivision (ABG Subdivision) City Council Meeting Minutes/November 10, 2008 Page 2 of 3 Pages Item # C Attachment number 1 Page 3 of 3 8. Berry Creek Partners v. City of Georgetown, Cause No. 08-767-C277, in the District Court of Williamson County, 277th Judicial District 9. Consideration and possible action to approve new engagement letters with all outside counsel currently assisting the City of Georgetown on various matters. F Sec.551.086 Competitive Matters 1. Deliberation regarding future City of Georgetown Power Supply Options -- Jim Briggs, Assistant City Manager for Utility Operations G Sec.551.072 Real Property 1. Deliberation regarding the potential purchase of property at 105 North IH35 -- Paul E. Brandenburg, City Manager H Sec. 551.087: Deliberation Regarding Economic Development Negotiations 1, Deliberation regarding the request related to Industrial Revenue Bonds for Airborne — Mark Thomas, Economic Development Director 2. Deliberation regarding request of Inwood Estates Vineyard to lease the old downtown fire station for use as a winery and to receive other economic development incentives -- Mark Thomas, Economic Development Director I Sec.551.074 Personnel Matters 1. Discussion and possible action related to the process of filling the anticipated open position of City Secretary in December 2008 2. Discussion and possible action related to the duties and performance criteria of the City Manager 8:17 p.m. -- returned to Open Session and adjourned Adjournment The meeting was adjourned at 08:17 PM. Approved : Mayor George Garver City Council Meeting Minutes/November 10, 2008 Page 3 of 3 Pages Attest: City Secretary Sandra Lee Item # C Attachment number 2 Page 1 of 7 Draft Minutes of the Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, November 11, 2008 The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council Present: Council Absent: Patty Eason, Gabe Sansing, Keith Brainard, Bill All Council present Sattler, Pat Berryman, Dale Ross, Ben Oliver ......... Staff Present: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Rachel Osgood, Environmental Services Coordinator; Kevin Russell, Human Resources Director; Kelly Bressler, Human Resources Generalist; Kimberly Garrett, Parks and Recreation Director; Clay Shell, Acting Fire Chief; Kevin Stofle, Assistant Police Chief; Jordan Maddox, Planner III; Bill Dryden, Transportation Engineer; Ed Polasek, Principal Planner; Carla Benton, Planner II; Marsha Iwers, Purchasing Manager; Cathy Leloux, Municipal Court Administrator Minutes, lilh� t - - ,ih�,t sl.�� I ...., t ; 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 1. 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 2. Legal issues related to the City of Georgetown's power supply contract with LCRA and potential litigation pertaining to same 3. Mark Shelton v. City of Georgetown, et al; Cause No. A07CA063; in the United States District Court for the Western District of Texas, Austin Division 4. Lear v. Jimmy Lewis Fennell and City of Georgetown, Cause No. A08-CA-719LY, in the United States District Court for the Western District of Texas Austin Division 5. First Citizens Bank & Trust Company v. City of Georgetown, Cause No. D-1-GN-08-02325, 53rd Judicial District, Travis County, Texas 6. Discussion of legal issues related to payment obligations for the Public Utility Improvements under the "Development Agreement with Forestville Associates, a Maryland General Partnership, regarding development of Wolf Ranch" dated September 11, 2003 7. Discussion of legal issues related to Development Agreement and Utility Agreement for the Water Oak Subdivision (ABG Subdivision) 8. Berry Creek Partners v. City of Georgetown, Cause No. 08-767-C277, in the District Court of Williamson County, 277th Judicial District 9. Consideration and possible action to approve new engagement letters with all outside counsel currently assisting the City of Georgetown on various matters. B Sec.551.086 Competitive Matters 1. Deliberation regarding future City of Georgetown Power Supply Options -- Jim Briggs, Assistant City Manager for Utility Operations C Sec.551.072 Real Property 1. Deliberation regarding the potential purchase of property at 105 North IH35 -- Paul E. Brandenburg, City Manager D Sec.551.074 Personnel Matters City Council Meeting Minutes/November 11, 2008 Page 1 of 7 Pages Item # C Attachment number 2 Page 2 of 7 1. Discussion and possible action related to the process of filling the anticipated open position of City Secretary in December 2008 2. Discussion and possible action related to the duties and performance criteria of the City Manager Regular Session - To begin no earlier than 06:00 PM (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) Call to Order Called to order at 6:01 p.m. Pledge of Allegiance Mayor Garver led the Pledge. Comments from the Mayor - Welcome and Meeting Procedures Mayor Garver gave a brief explanation of the meeting procedures. He noted County Commissioner Valerie Covey in the audience and congratulated her on her recent election. - Proclamation for Chronic Obstructive Pulmonary Disease (COPD) Awareness Week Mayor Garver read the proclamation and presented it to Kitty Collins. City Manager Comments - Recruitment time for Boards and Commissions positions Brandenburg noted that the City of Georgetown is now accepting applications for vacant or expiring terms on its Boards and Commissions. He said information and applications can be obtained on the City's Website at www.georgetown.org or at the City Hall which is located at 113 E. Eighth Street. He said the deadline for filing applications is January 9, 2009. He also noted there were Boy Scouts in the audience, and Mayor Garver presented City of Georgetown lapel pins to the two scouts. Action from Executive Session 1. Motion by Berryman, second by Oliver that the City Council approve all of the engagement letters with the lawyers and law firms that were in the executive session packet, one exception: That the work by Lee Vanderburg on the tax matters be capped at $10,000 without additional Council approval and also that the City Attorney be directed to prepare standardized terms of engagement for use by all outside legal counsels and to present such standardized terms to the City Council for review in January. Approved 7-0 2. Motion by Berryman, second by Sansing that the City Council reject the settlement offer from Berry Creek Partners as set forth in their letter dated November 7, 2008. Approved 7-0 3. Motion by Berryman, second by Sansing that the City Manager be authorized to commence negotiations for the acquisition of the property located at 105 North IH-35 and that he bring any purchase agreement back to Council for final approval. Approved 7-0 4. Motion by Berryman, second by Brainard that the Council Subcommittee of Ben Oliver and Pat Berryman review and approve the job description for the position of City Secretary, and that the City Manager and Director of Human Resources post or advertise the position of City Secretary as soon as possible after the job description is finalized. Sansing asked if a time period was set. Brandenburg said the Personnel Department would follow standard procedures for the posting of the posiion. Vote on the motion: Approved 7-0 Public Wishing to Address Council On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. B - Jason Chavez of Consolidated Construction Texas Services (CCTS) regarding requesting the opportunity to provide trash removal services for Pulte Homes. Chavez told Council his company recycles lumber and operates out of Colorado, Dallas, and San Antonio. He said he understands there is a franchise in place with exclusive rights to a specific carrier. He said in the last City Council Meeting Minutes/November 11, 2008 Page 2 of 7 Pages Item # C Attachment number 2 Page 3 of 7 five years he has approached city councils in the Dallas area, and they have allowed him to operate because the trash is totally contained and the lumber is taken to their recycling center. Chavez said Pulte Homes would like for CCTS to be their service provider to keep the trash from being handled twice. He said his company is strictly a construction trash hauler, and he is willing to take trash to the current landfill and separate out the lumber. He said in Dallas his company recycles lumber, brick, and concrete. Kelly Cunningham of Pulte Homes said job efficiency has improved greatly in cities where Pulte is serviced by CCTS. Chavez said he has been in communication with Rachel Osgood of the City staff. Brandenburg read from an email from Osgood to Chavez back in August, saying the City would be willing to allow them to collect the lumber for recycling. He suggested they contact his office to set a meeting. Sansing reminded Council the reason the rates stay down is because of the contract with Texas Disposal Systems (TDS). He said, if TDS is not recyling lumber, this would save space at the landfill. Eason suggested that staff meet with these people and let this come back to an agenda instead of discussing it from the dais at this time. 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. C Consideration and possible action to approve the minutes of the Council Workshop on Monday, October 27 and the Council Meeting on Tuesday, October 28, 2008 -- Jessica Hamilton, Assistant City Secretary and Sandra D. Lee, City Secretary D Consideration and possible action to cancel the second Council Meeting in December, 2008, regularly scheduled for the fourth Tuesday of the month -- Mayor George Garver E Consideration and possible action to approve the purchase of additional radio equipment in the amount of $37,197.16 -- Kevin Stofle, Assistant Chief of Police and Paul Brandenburg, City Manager Ross asked if this equipment is for officers that were already hired. Stofle said the officers have not been hired yet, but the budget includes the hiring of these officers and this equipment. He said the Police Department is In the hiring process and will be making job offers after the first of the year. Ross confirmed that the equipment would be used this fiscal year. F Consideration and possible action to authorize a Mutual Aid Agreement between the Department of the Army and the City of Georgetown for fire, rescue, haz-mat, and emergency medical service responses within the areas of which each agency normally provides fire protection -- Clay Shell, Interim Fire Chief Sattler asked and Shell clarified this agreement is with the Army, and the Fire Department, not EMS, would respond for medical assist. G Consideration and possible action declaring approximately 60 sets of Noncompliant National Fire Protection Association (NFPA) 1999 Standard approved Personnel Protective Equipment (PPE) as Surplus Equipment -- Clay Shell, Interim Fire Chief Sattler asked for a waiver that the City is not resonsible for how the equipment is used. H Consideration and possible action regarding the Annexation Development Agreement authorized by Section 43. 035 of the Texas Local Government Code with Margaret Fox relating to that certain tract of land having the 2008 Williamson County Short ID Number R039833 and located in 2008 Annexation Area SE5 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development I Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action for the award of a bid for ADSS Cable, from Utilicor of Mansfield, TX, to be installed on the fiber optic system in the amount of $ 32,833.58 -- Ken Arnold, Energy Services Director and Jim Briggs, Assistant City Manager for Utility Operations J Consideration and possible action to approve Task Order No. 1 with Kasberg, Patrick & Associates, LP, of Georgetown, Texas, for preliminary engineering for the Maple Street Drainage Project in the amount of $39,872 -- Bill Dryden, Transportation Engineer and Jim Briggs, Assistant City Manager for Utility Operations Sattler confirmed with Dryden that Kasberg, Patrick & Associates has an office in Georgetown. City Council Meeting Minutes/November 11, 2008 Page 3 of 7 Pages Item # C Attachment number 2 Page 4 of 7 K Consideration and possible acceptance of the City's Quarterly Investment Report for the City of Georgetown, Georgetown Transportation Enhancement Corporation (GTEC), and the Georgetown Economic Development Corporation (GEDCO) for the quarter ended September 30, 2008 -- Leticia Zavala, Controller and Micki Rundell, Director of Finance & Administration L Consideration and possible action to approve a resolution revising the current City of Georgetown Investment Policy -- Leticia Zavala, Controller and Micki Rundell, Director of Finance & Administration Brainard confirmed with Zavala that these are non -substantive, technical changes being made to the Investment Policy. Motion by Sansing, second by Berryman to approve the Consent agenda in its entirety. Approved 7-0. Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: M Consideration and possible action to authorize the City to enter into the 2008-2009 City of Georgetown employee benefit contracts -- Kevin Russell, Human Resources Director and Paul Brandenburg, City Manager Russell noted the City will use Humana for health care and stay with Aetna for dental due to a reduction in premium. He said other benefits were multi -year contracts and will remain the same. Motion by Berryman, second by Brainard to approve the employee benefit contracts. Berryman asked and Russell confirmed a "rate pass" with Humana and said the rates would be tied to the City's experience. Vote on the motion: Approved 7-0. N Consideration and possible action to approve the 2008-2009 City of Georgetown employee benefit incentives -- Kevin Russell, Human Resources Director and Paul Brandenburg, City Manager Russell said from this point forward„ incentive packages will be brought to Council for approval. He explained the incentives the City will provide. Motion by Berryman, second by Brainard to approve the incentives presented. Approved 6-1 (Sansing opposed) Sansing said he is for incentives to help people, but he thinks the employees should receive a raise, not money toward their insurance. O Consideration and possible action to enter into a Master Lease Agreement for four years in the amount of $75,915.00 with Frost National Bank on behalf of Marathon Fitness of Sugar Land, Texas for Cardio Equipment for the Recreation Center -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services This item was removed from the agenda. P Consideration and possible action for the approval to purchase portable and mobile radios from Motorola in the amount of $71,530.50 -- Clay Shell, Interim Fire Chief Shell presented the item. Motion by Berryman, second by Sansing to approve the purchase. Approved 7-0. Q Discussion and possible action to accept a bid from Storm Sirens, Inc. of Norman, Oklahoma, in partnership with Sentry Siren, Inc. for the turnkey installation of an outdoor warning siren system in the amount of $214,000.00 -- Kevin Stofle, Assistant Chief of Police Eason thanked Stofle for the staffs work and research on this issue, and said realizing that past votes have been 4 to 3, and knowing there's a strong possibilty that a new siren system would fail tonight, she would suggest a motion to use the money on another critical issue. Sansing said he had heard about a tornado that went through a small community, and the reason no one was hurt was because of a siren system. He said he thinks $214,000 is a small amount to pay "in the scheme of things". He would hate to see the Council turn a "blind eye" toward safety issues. He encouraged Council to not vote against this item and to not spend the money on a bus system instead. Eason said this in no way means that she has lessened her support for the sirens, it just means there is an issue right now that is critical to the daily lives of the majority of the citizens. Motion by Eason, second by Oliver to direct staff to not go forward with a contract to build a new system, and instead put half of the funds or $107,000 into the General Fund and half of the funds or $107,000 into the bus transit test route; and this motion does not in any way mean that the existing siren system would be dismantled. Sansing asked and Brandenburg noted this was approved in 2007 when Brainard wasn't present, so it was brought back and then was voted down 4-3. He said it was approved by the Council to be back in the budget this year. Brandenburg noted there are large areas of the City right now that don't have any coverage from the sirens. He said the object is to reach people that are outside at parks, etc. He suggested that Council go forward with a new system, or let the old system stop. City Council Meeting Minutes/November 11, 2008 Page 4 of 7 Pages Item # C Attachment number 2 Page 5 of 7 Stofle said there is a public expectation at this point, and in a lot of areas of town the sirens cannot be heard; so he would agree that if there is no money put forth for a new system, the current system should be dismantled. Oliver said he fully intends to bring this sytem back in a budget year where there is money available. He said he seconded Eason's motion because the City has a priority to improve public transportation. Brainard questioned the amount budgeted and asked for clarification of the bid sheets Stofle said the bids have increased, but the price was brought back down by eliminating sirens in some areas such as San Gabriel Park and Tejas Park at the far end of the City. He said the proposed installation will be an 11-siren system. Ross said he was not on the Council when this was discussed. He said at this point in time, he doesn't feel he has enough information to make a decision. He asked to delay the item until he has a chance to meet with Assistant Chief Stofle. Motion by Ross, second by Sansing to delay voting for two weeks. Approved 6-1. (Sattler opposed) Oliver asked for more information to be provided in the packet for the next meeting. R Consideration and possible action to utilize seized funds for Police Department purchases in an amount not to exceed $17,000 — David Morgan, Police Chief Brandenburg explained the item. Motion by Berryman, second by Ross to approve. Approved 7-0. S Consideration and possible action on a resolution establishing the process for the 2030 Comprehensive Plan Annual Update -- Jordan Maddox, Planner III and Elizabeth Cook, Director of Planning and Development Maddox explained the item. Motion by Sansing, second by Berryman to approve the resolution. Vote on the motion: Approved 7-0. Forwarded from the Georgetown Transportation Advisory Board (GTAB) T Consideration and possible action to approve an Advance Funding Agreement with the Texas Department of Transportation (TxDOT) for the widening of Williams Drive (RM 2338) from DB Woods Road to FM 3405 -- Bill Dryden, Transportation Engineer and Jim Briggs, Assistant City Manager for Utility Operations Dryden explained the item, saying it was a unanimous recomendation from GTAB. Motion by Sansing, second by Berryman to approve. Brainard asked if County Commissioner Valerie Covey would like to comment on Williams Drive. Covey said this is an important step in the process, and once approved, the project can be put out for bid. She said the Interlocal Agreement hasn't been brought to Council yet, but after the bid and approval of the next item, then the County will address this at their meeting on November 18, and then wait for bids to come back within a month. She said the County would present the Interlocal Agreement to Council in Janaury. Vote on the motion: Approved 7-0. U Consideration and possible action to approve an Assignment and Assumption Agreement with Williamson County for transfer of funds received from the Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for the widening of Williams Drive, also know as RM 2338, from DB Wood Drive to FM 3405 -- Bill Dryden, Transportation Engineer and Jim Briggs, Assistant City Manager for Utility Operations Dryden explained the item, saying this gives a mechanism to transfer the funds to the County. Motion by Sansing, second by Berryman to approve. Approved 7-0. V Consideration and possible action regarding an interlocal agreement with CARTS, and notice to proceed on first phase of pilot program to provide transit services -- Edward G. Polasek, AICP, Principal Planner and Tom Yantis, Assistant City Manager Polasek explained the item and noted Sattler had some minor wording changes. With an overhead slide, Polasek dispalyed the first phase of the pilot. He said the potential stops will be identified in a driving tour of the route on Friday, November 14. He invited the councilmembers to attend the bus tour. Motion by Sansing, second by Oliver to approve the interlocal agreement. Oliver asked about signage, and Polasek said it will be done by the City and would be covered under the General Fund; saying if there were donations, they would be applied. He confirmed that for the pilot program no benches would be installed, but the signs would be temporarily set and then would be removed and used in each of the subsequent pilot phases. Sattler asked to friendly amend the motion, saying there is very high acceptance from people in Sun City and more than one bus may be needed. He asked to change the Interlocal Agreement to read that Phase 1would be $30,000 of contracted amount and 600 hours to make it three months; and in the attachment to the Interlocal Agreement, in Section 1.1.2, he asked that it read: "using the study and recommendations as a guide in working with CARTS to develop the feasible routes and pilot program.... to test the findings of the study," eliminating the word, "adequately;" and in Section 1.1.3, he asked to insert "on each phase" after "written notices to proceed." City Council Meeting Minutes/November 11, 2008 Page 5 of 7 Pages Item # C Attachment number 2 Page 6 of 7 Sansing and Oliver agreed to the friendly amendment Polasek said Phase 2 is to be discussed at the next Transit Study Committee Meeting in December to determine a Southwestern University and shoppers' route while the students are still in school before the end of the school year. There was discussion regarding the extension of the time to three full months for each phase. Polasek asked and Sattler agreed to "$50 plus the fare box" in Section 1.1.5 Berryman confirmed the fare is $0.50 each way for seniors and $1.00 each way for non -seniors. Brainard asked and Polasek said start-up costs for signage, etc. will be $2,000 - $3,000 from the City in addition to the $75,000 for operational costs. He said the City will receive the ridership reports. Sattler confirmed with Polasek that the transit work group will be doing reports periodically on the ridership results. Polasek assured Council each phase will come back to Council for approval before notice to proceed. Vote on the motion as friendly amended: Approved 7-0. Second Readings W. Second Reading of an ordinance for a Rezoning to amend the Development Plan for a Planned Unit Development (PUD) District for 104.95 acres in the Clement Stubblefield Survey known as Wolf Ranch Subdivision, Amended Plat of Wolf Ranch Subdivision, Block A, Lots 2 & 8, Resubdivision of Wolf Ranch Subdivision, Block A, Lot 4, Resubdivision of Wolf Ranch Subdivision, Block A, Lot 4B, Resubdivision of Wolf Ranch Subdivision, Block A, Lot 4C, Resubdivision of Wolf Ranch Subdivision, Block A, Lots 5, 6 and 9, located in the 1000 Block of W. University Ave -- Carla Benton, Planner II and Elizabeth Cook, Director of Planning and Development Benton explained the item and gave a review of the Council direction at first reading. She read the updated standards for carnival use and read only the caption of the ordinance on second reading. Motion by Ross, second by Sansing to approve Ordinance 2008-64 on second reading, but asked to strike the part about surveying and staking the 1,000 feet. Berryman said she was concerned about safety. She suggested that an outside inspector be called in as long as it is not cost prohibitive to look at the rides and make sure they are safe. Carls noted in the Code of Ordinances, Chapter 6.04, in order for the applicant to get the permit, there would be inspection from the City's chief commercial planner. Berryman recounted stories of carnival mishaps in other parts of the state where inspections were not adequate enough. She asked that staff explore the cost of contracting this type of inspection. Carls said she would look into amending the City of Georgetown Code of Ordinances to address all carnivals. Oliver asked about the allowed hours, calling attention to a letter from a citizen suggesting the hours be changed to match the curfew ordinance. Motion by Oliver, second by Brainard to friendly amend to instruct staff to investigate the hours. Motion by Brainard, second by Eason that if this ordinance passes, it should expire and be revisited in two years. Brandenburg noted that the Special Events staff reviews the permits every year. Brainard asked Jason Ramble, of Sheets and Crossfield, representing the applicant, to speak. He said the last provision in the ordinance was put in to address the possibility of problems, and he said he thinks that statement addresses Brainard's concern. He said to reapply for a PUD is very expensive. Motion by Brainard, second by Sansing to revise the agreement to grant staff the authority to bring this agreement to Council on any issue that gives staff concern. Ross said he thinks staff already has this authority. Approved 4-3. (Ross, Oliver and Eason opposed) Vote on the orignal motion as amended: Ordinance 2008-64 approved 7-0. Motion by Berryman, second by Oliver to direct staff to look at the permitting process to see if there's a way to require an outside inspector that the City would retain, if it's not too expensive, so there is no "self -policing" of the rides, and to direct staff to amend the current city ordinance to match. Sansing said he thinks the process is already in place. Approved 6-1 (Ross opposed) X. Second Reading of an ordinance amending Ordinance No. 2008-34 pertaining to the annexation of approximately 45.401 acres of land in the J. Thompson Survey, Abstract No. 608, known as Weir Ranch, to correct the Council District in which the annexation area is located -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the purpose of the ordinance is to correct an error in identifying the Council District in the previous ordinance, at the request of the Department of Justice. He read only the caption of the ordinance on second reading. Motion by Berryman, second by Brainard to approve Ordinance 2008-65. Approved 7-0. City Council Meeting Minutes/November 11, 2008 Page 6 of 7 Pages Item # C Attachment number 2 Page 7 of 7 First Readings Y. First Reading of an Ordinance revising Chapter 4.08 by amending Section 4.08.010 of the City Code relating To "Authority of City Manager to Contract;" adding new Section 4.08.011 relating to Change Orders; and adding new Section 4.08.012 relating to Delegation of Purchasing Authority by the City Manager — Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration Iwers explained the purpose of the ordinance, saying this is a formal clean-up of existing language in the City Code and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Berryman to approve on first reading. Approved 7-0. Z. First Reading of an Ordinance amending Section 13.36.130 of the Code of Ordinances pertaining to setting the culpable mental state required for a violation of Chapter 13, Section 36 at criminal negligence -- Micki Rundell, Director of Finance & Administrationl; Cathy Leloux, Court Administrator and Patricia E. Carls, City Attorney Leloux read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Brainard, second by Berryman to approve the ordinance on first reading. AA. First Reading of an Ordinance adding new Section 1.08.040 to the Code of Ordinances pertaining to a culpable mental state for violations of the Code -- Micki Rundell, Director of Finance & Administrationl; Cathy Leloux, Court Administrator and Patricia E. Carls, City Attorney Leloux read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Berryman to approve the ordinance on first reading. Approved 7.0. BB Consideration and possible action to appoint Tiffany McLendon to a position on the Main Street Advisory Board that expires in February of 2009 -- Mayor George Garver Garver recommended approval of the appointment. Motion by Berryman, second by Sansing to approve the appointment. Approved 7-0. ........._.. Adjournment .........__.. The meeting was adjourned at 07:47 PM. Approved : Mayor Gary Nelon City Council Meeting Minutes/November 11, 2008 Page 7 of 7 Pages Attest: City Secretary Sandra Lee Item # C City of Georgetown, Texas November 25, 2008 SUBJECT: Consideration and possible action to approve the assignment of the Airport Land Lease at 402 Wright Brothers Drive from D&R Hangars, DBA: AIM Aviation, to B&G Aviation, LLC -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager On November 23, 1999, City Council approved an Airport Land Lease for 44,000 square feet of airport property at 402 Wright Brothers Drive to Don L. Dison for the construction of an aircraft maintenance hangar. On April 25, 2000 Council approve Mr. Dison's request to assign the lease to D&R Hangars, a Texas general partnership. Council also approved a Landlord's Lien Subordination of the lease to Texas Heritage Bank in order for Mr. Dison to obtain financing for the construction of the hangar. Mr. Dison now desires to sell his hangar to Mr. Bradley Gray and is seeking Council approval to assign the Lease to Mr. Gray's company, B&G Aviation, LLC, under the original terms and condition. The Airport Advisory Board voted unanimously to recommend that Council approve the Assignment at the November 17, 2008 Airport Advisory Board meeting. FINANCIAL IMPACT: The current, CPI adjusted rental rate for this lease is $412.42 per month, for an annual income to the Airport Fund of $4,949.04. SUBMITTED BY: ATTACHMENTS: Assignment of 402 Wright Bros - B&G Aviation Site Drawing - 402 Wright Bros Dr Cover Memo Item # D Attachment number 1 ge1of1 Sit Draw; n - ' C�2 %Jr hR birb �1�V '� DrIV& 9 9 I A- h 1 ` Attachment number 2 Page 1 of 4 THE STATE OF TEXAS § AMENDMENT AND COUNTY OF WILLIAMSON § ASSIGNMENT OF AIRPORT CITY OF GEORGETOWN § LAND LEASE AGREEMENT WHEREAS, on November 23, 1999, City Council approved an Airport Land Lease for 44,000 square feet of airport property at 402 Wright Brothers Drive to Don L. Dison for the construction of an aircraft maintenance hangar. WHEREAS, on April 25, 2000 Council approved Mr. Dison's request to assign the lease to D&R Hangars, a Texas general partnership, and also approved a Landlord's Lien Subordination of the lease to Texas Heritage Bank in order for Mr. Dison to obtain financing for the construction of the hangar. WHEREAS, Mr. Dison now desires to sell his hangar to B&G Aviation, LLC, a Texas limited liability company, under the original terms and conditions. WHEREAS, the Airport Advisory Board voted unanimously to recommend that Council approve the Assignment of the Lease from D&R Hangars to B&G Aviation, LLC at the November 17, 2008 Airport Advisory Board meeting. NOW THEREFORE, for the consideration herein described, the Parties agree as follows: 1. The Lease is hereby assigned from D&R Hangars, a Texas general partnership, to B&G Aviation, LLC, a Texas limited liability company. The City specifically does not consent to any other assignment of the Lease. The assignment of this Lease to B&G Aviation, LLC operates as a release of D&R Hangars from all rights, duties, and obligations under the Lease. 2. Section 9.07 and 9.07(A) of the Lease are hereby amended to read as follows: 9.07 Notice. Any notice given to either party under the terms of this Lease shall be hand -delivered or sent by registered or certified mail, return receipt requested, postage prepaid, addressed to: LESSOR: City of Georgetown P.O. Box 409 113 E. 81h Street Georgetown, TX 78627-0409 Attn: Airport Manager Assignment of Airport Land Lease Agreement 402 Wright Brothers Drive - D&R Hangars to B&G Aviation Page 1 of 4 LESSEE: B&G Aviation, LLC Attn: Bradley D. Gray Item # D Attachment number 2 Page 2 of 4 or to such other place as each party may hereafter designate in writing forwarded in like manner for any other notice. (A) Notice to Mortgagee with Rights under Section 6.05 hereof. In the event of default by Lessee, notice of default and opportunity for Mortgagee to cure shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, addressed to: City National Bank of Taylor 116 West Third Street P.O. Drawer 1099 Taylor, Texas 76574 The City shall only be responsible for providing notice to Mortgagee subject to the accuracy of the information provided to the City by the Lessee. 3. Except as expressly stated herein, this document shall not be construed in any manner whatsoever that would indicate that the original terms and provisions of the Lease have been modified, amended, or changed in any way by the execution hereof. 4. This Assignment may be executed in multiple counterparts, each of which shall be deemed an original. 5. EXECUTED in multiple counterparts, each of which shall have the force and effect of an original, this day of 92008. LESSOR: CITY OF GEORGETOWN, TEXAS M. George Garver, Mayor ASSIGNOR: D&R Hangars, a Texas general partnership Don L. Dison, General Partner ASSIGNEE/LESSEE: B&G Aviation, LLC A Texas limited liability company M. Assignment of Airport Land Lease Agreement 402 Wright Brothers Drive - D&R Hangars to B&G Aviation Page 2 of 4 Bradley D. Gray President/Member Item # D Attachment number 2 Page 3 of 4 ATTEST: Sandra Lee City Secretary APPROVED AS TO FORM: Patricia E. Carls City Attorney Assignment of Airport Land Lease Agreement 402 Wright Brothers Drive - D&R Hangars to B&G Aviation Page 3 of 4 Item # D Attachment number 2 Page 4 of 4 STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF WILLIAMSON This instrument was acknowledged before me on this day of , 2008, by George Garver, a person known to me, in his capacity as Mayor of the City of Georgetown, a Texas Home Rule Municipal Corporation, on behalf on the City of Georgetown. Notary Public in and for The State of T E X A S My commission expires: STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF WILLIAMSON This instrument was acknowledged before me on this day of , 2008, by Don L. Dison, general partner of D&R Hangars, a Texas general partnership company, on behalf of said entity. Notary Public in and for The State of T E X A S My commission expires: STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF WILLIAMSON This instrument was acknowledged before me on this day of , 2008, by Bradley D. Gray, president/member of D&G Aviation, LLC, a Texas limited liability company, on behalf of said entity. Notary Public in and for The State of T E X A S My commission expires: Assignment of Airport Land Lease Agreement 402 Wright Brothers Drive - D&R Hangars to B&G Aviation Page 4 of 4 Item # D City of Georgetown, Texas November 25, 2008 SUBJECT: Consideration and possible action to approve the request to assign the Airport Land Lease at 402 Wright Brothers Drive to the City National Bank of Taylor as collateral for purchase of the hangar by B&G Aviation, LLC -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager 11121k=111-6 "Off" This item is conditional upon the approval of the assignment of the lease to B&G Aviation, LLC, as requested in the previous Council Item. Lease Assignments to lenders are common practice at the Airport; a total of three such assignments were approved by Council this past August. The Airport Advisory Board voted unanimously to recommend that Council approve this Assignment at the November 17, 2008 Airport Advisory Board meeting. FINANCIAL IMPACT: None. SUBMITTED BY: ATTACHMENTS: Collateral Assignment of Leasehold Interest Cover Memo Item # E Attachment number 1 Page 1 of 4 COLLATERAL ASSIGNMENT OF LEASEHOLD INTEREST STATE OF TEXAS § COUNTY OF WILLIAMSON § WHEREAS, on November 23, 1999, City Council approved an Airport Land Lease for 44,000 square feet of airport property at 402 Wright Brothers Drive to Don L. Dison for the construction of an aircraft maintenance hangar, said Lease being attached hereto as Exhibit A. WHEREAS, on April 25, 2000 Council approved Mr. Dison's request to assign the lease to D&R Hangars, a Texas general partnership, and also approved a Landlord's Lien Subordination of the lease to Texas Heritage Bank in order for Mr. Dison to obtain financing for the construction of the hangar. WHEREAS, Mr. Dison has paid the loan to Texas Heritage Bank, and now desires to sell his hangar to B&G Aviation, LLC, a Texas limited liability company, under the original terms and conditions. WHEREAS, the Airport Advisory Board voted unanimously to recommend that Council approve the Assignment of the Lease from D&R Hangars to B&G Aviation, LLC at the November 17, 2008 Airport Advisory Board meeting. WHEREAS, B&G Aviation, LLC now desires to collaterally assign the leasehold interest in the Lease Agreement to City National Bank of Taylor, 116 West Third Street, P.O. Drawer 1099, Taylor, Texas 76574. ("Bank") to secure a promissory note in the original principal sum of $700.000.00 (the "Note") executed by B&G Aviation, LLC and to include the execution and delivery by Assignee to Bank of a leasehold deed of trust and security agreement covering the Lease Agreement; and WHEREAS, the proceeds of the Note are to be used by B&G Aviation, LLC for the purchase of a 22,500 square foot aircraft hangar building; and WHEREAS, the Lease Agreement provides in paragraph 4.04 thereof, that the Lease Agreement may not be assigned without the prior written consent of City, and Assignee and Bank have requested that City consent to the assignment and to the giving of the leasehold deed of trust and security agreement described above; and WHEREAS, City has determined that such assignment by B&G Aviation, LLC to Bank and the granting of the leasehold deed of trust and security agreement are not inconsistent with existing City policies; NOW, THEREFORE, the undersigned hereby contract, agree, and stipulate as follows: Collateral Assignment Leasehold Interest Page 1 of 4 Item # E Attachment number 1 Page 2 of 4 1. Assignee hereby collaterally transfers and assigns the Lease Agreement to Bank. 2. City hereby consents to the assignment of the Lease Agreement by Assignee to Bank and also to the giving and granting by Assignee to Bank of a leasehold deed of trust and security agreement covering the interest of Assignee in and to the leased premises. City does not waive any of its rights under the Lease Agreement, including, but not limited to, paragraph 4.04 of the Lease Agreement, except as specifically provided herein. This document shall not be construed in any manner whatsoever that would indicate that the original terms and provisions of the Lease Agreement have been modified, amended, or changed in any way by the execution hereof. 3. City shall not terminate the Lease Agreement for any default of Assignee without first advising Bank, in writing, of such default and permitting the Bank to cure such default on behalf of Assignee within thirty (30) days after the giving of such notice in the case of monetary defaults, and permitting Bank to cure such default on behalf of Assignee within ninety (90) days after the giving of such notice in the case of non -monetary defaults, provided that such ninety (90) day cure period shall be extended for a reasonable time thereafter so long as Bank uses due diligence in curing the non -monetary default. Bank shall further be entitled to extend the Lease, if not extended by B & G Aviation, LLC under Paragraph 3.02. City acknowledges Bank shall have the rights of mortgagee under Paragraph 6.05. Executed to be effective on the day of , 2008. ASSIGNEE: B&G AVIATION, LLC By: _ Title: BANK: CITY NATIONAL BANK OF TAYLOR 116 West Third Street P.O. Drawer 1099 Taylor, Texas 76574 By: Printed Name: Title: Collateral Assignment Leasehold Interest Page 2 of 4 Item # E Attachment number 1 Page 3 of 4 ATTEST: CITY OF GEORGETOWN BY: Printed Name: Title: APPROVED AS TO FORM: By: By: Printed Name: Printed Name: , City Secretary Collateral Assignment Leasehold Interest Page 3 of 4 City Attorney Item # E Attachment number 1 Page 4 of 4 STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this day of , 2008, by George Garver, a person known to me, in his capacity as Mayor of the City of Georgetown, a Texas Home Rule Municipal Corporation, on behalf on the City of Georgetown. STATE OF TEXAS § COUNTY OF WILLIAMSON § Notary Public in and for The State of T E X A S My commission expires: ACKNOWLEDGMENT This instrument was acknowledged before me on this day of , 2008, by Bradley D. Gray, president/member of B&G Aviation, LLC, a Texas limited liability company, on behalf of said entity. Notary Public in and for The State of T E X A S My commission expires: THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of , 2008, by , of City National Bank of Taylor, a national banking corporation, on behalf of said national banking corporation. Notary Public in and for The State of T E X A S My commission expires: Collateral Assignment Leasehold Interest Page 4 of 4 Item # E City of Georgetown, Texas November 25, 2008 SUBJECT: Discussion and possible action to approve a Mutual Consent Agreement between the Georgetown Economic Development Corporation and Pro -Build South, L.L.C. consenting to the Assignment by Hope Lumber & Supply Company, L.P. to Pro -Build South, L.L.C., of that Certain Performance Agreement Relating to the Maintenance of at Least Forty -Four Full Time Jobs at its Facility Until July 31, 2009 -- Mark Thomas, Economic Development Director and Paul E. Brandenburg, City Manager ITEM SUMMARY: On February 27, 2007, by Resolution No. 021907-F, Georgetown Economic Development Corporation approved an Amended Performance Agreement with Hope Lumber & Supply Company, L.P. relating to the financing of a portion of a project for relocation of a rail spur and electric utility lines associated with the rail spur relocation The Performance Agreement provided that GEDCO pay to Hope Lumber $18,410.00 for the costs of relocating the City electric line, and that in consideration for this payment, Hope Lumber was required to maintain at least forty-four (44) Full Time Jobs at the Facility for a period of three (3) years following the Project Completion Date of July 31, 2006, and provide annual reports to GEDCO regarding same. Hope Lumber has received the entire $18,410.00 from GEDCO. Hope Lumber has recently been acquired by Pro -Build South, L.L.C., d/b/a Hope Lumber and Supply Company. ProBuild wishes to acquire Hope's interest in the Performance Agreement, and agrees to assume all remaining performance obligations of Hope under the Performance Agreement in exchange for GEDCO 's consent and in order to avoid triggering the Clawback Provisions of the Performance Agreement. The Georgetown Economic Development Corporation approved Resolution No. 110308-E authorizing the said Consent Agreement. The City Council is being asked to approve the Consent Agreement per the recommendation of the Georgetown Economic Development Corporation. ATTACHMENTS: 1. Resolution No. 110308-E 2. Consent Agreement FINANCIAL IMPACT: SUBMITTED BY: Mark Thomas, Economic Development Director and Paul E. Brandenburg, City Manager ATTACHMENTS: Resolution No. 110308-E and Consent Agreement Cover Memo Item # F Attachment number 1 Page 1 of 16 RESOLUTION NO. 110308-E Resolution of the Georgetown Economic Development Corporation (GEDCO) Consenting to the Assignment by Hope Lumber & Supply Company, L.P. to ProBuild South, L.L.C., of that Certain Performance Agreement Relating to the Maintenance of at Least Forty -Four Full Time Jobs at its Facility Until July 31, 2009; and Authorizing a Mutual Consent Agreement. WHEREAS, on February 27, 2007, by Resolution No. 021907-F, the Georgetown Economic Development Corporation ("GEDCO") Board of Directors ("Board") approved an Amended Performance Agreement with Hope Lumber & Supply Company, L.P. ("Hope") (the "Performance Agreement") relating to the financing of a portion of a project for relocation of a rail spur and electric utility lines associated with the rail spur relocation; and WHEREAS, the Performance Agreement, which was executed by GEDCO and Hope, provided that GEDCO was to pay Hope Eighteen Thousand Four Hundred Ten Dollars ($18,410.00) for the costs of relocating the City electric line, and that in consideration for this payment, Hope was required to maintain at least forty-four (44) Full Time Jobs at the Facility for a period of three (3) years following the Project Completion Date of July 31, 2006, and provide annual reports to GEDCO regarding same; and WHEREAS, GEDCO paid in full the amount owed to Hope under the Performance Agreement; and WHEREAS, GEDCO has now been advised that Hope has been acquired by ProBuild South, L.L.C., d/b/a Hope Lumber and Supply Company ("ProBuild"), which wishes to acquire Hope's interest in the Performance Agreement, and agrees to assume all remaining performance obligations of Hope under the Performance Agreement in exchange for GEDCO's consent and in order to avoid triggering the Clawback Provisions of the Performance Agreement; and WHEREAS, the Board has reviewed the attached Mutual Consent Relating to Assigmment of Performance Agreement (the "Consent") and determined that allowing ProBuild to acquire Hope's interest under the Performance Agreement is necessary in order to accomplish the original objectives of the Perfonnance Agreement and avoid the need to exercise the Clawback provision of the performance Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE GEORGETOWN ECONOMIC DEVELOPMENT CORPORATION 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. Resolution No. 110308-E GEDCO — Project Funding for Hope Lumber & Supply Company -- Addendum. Page 'I of 2 Item # F Attachment number 1 Page 2 of 16 SECTION 2: GEDCO consents to the assignment of Hope's interest in the Performance Agreement to Pro -Build, and the Consent attached hereto as Exhibit A is hereby approved and shall be incorporated into the Performance Agreement attached to Resolution No. 021907, SECTION 3: Except for the incorporation of the Consent into the Performance Agreement, all other provisions of Resolution No. 021907 shall remain in full force and effect and the previous findings of the Board relating to the project are hereby affirmed. SECTION 4: The President of the GEDCO Board is hereby authorized to execute this Resolution on behalf of the Corporation, and the General Manager of GEDCO is hereby authorized and directed to present the Consent attached hereto as "Exhibit A" to the City Council of the City of Georgetown for its consideration and approval. SECTION 5: The Consent attached hereto as Exhibit A shall be effective upon approval of same by the City Council of the City of Georgetown. A RESOLVED this day of e ` 2008. APPROVED: Rick Smith President APPROVED AS TO FORM: Patricia E. Carls City Attorney and Counsel for GEDCO ATTEST: Ben Oliver S ecretary Resolution No. 110308-1 GEDCO - Project Funding for 1-la>pe Lumber & Supply Company - Addendum. Page 2 of 2 Item # F Attachment number 1 Page 3 of 16 STATE OF TEXAS § MUTUAL CONSENT COUNTY OF WILLIAMSON § TO ASSIGNMENT OF CITY OF GEORGETOWN § PERFORMANCE AGREEMENT This Mutual Consent to Assignment of Performance Agreement ("this Consent") is entered into effective as of the day of , 2008 ("the Effective Date"), by and between the GEORGETOWN ECONOMIC DEVELOPMENT CORPORATION, an economic development corporation formed by the City of Georgetown, Texas (the "City") under Section 4A of the Development Corporation Act of 1979, as amended (Tex. Rev. Civ. Stat. Ann., Art. 5190.6 (the "Act")) ("GEDCO"), and PRO -BUILD SOUTH, LLC, D/B/A HOPE LUMBER & SUPPLY COMPANY, a limited liability company formed in Delaware, (the "Company"). GEDCO and the Company are sometimes collectively referred to herein as the "Parties" and individually as a "Party". WHEREAS, on February 27, 2007, by Resolution No. 021907-F, the Georgetown Economic Development Corporation ("GEDCO") Board of Directors ("Board") approved an Amended Performance Agreement (the "Performance Agreement") with Hope Lumber & Supply Company, L.P. ("Hope"), relating to the financing of a portion of a rail service expansion project (the "Project"), a copy of which is attached hereto as Exhibit "I"; and WHEREAS, the Performance Agreement, which was executed by GEDCO and Hope, provided that GEDCO was to pay Hope Eighteen Thousand Four Hundred Ten Dollars ($18,410.00) for the costs of relocating the City electric line, and that in consideration for this payment, Hope was required to maintain at least forty-four (44) Full Time Jobs at the Facility for a period of three (3) years following the Project Completion Date of July 31, 2006, and provide annual reports to GEDCO regarding same; and WHEREAS, GEDCO paid in full the amount owed to Hope under the Performance Agreement; and WHEREAS, Hope has been acquired by the Company, which now wishes to acquire Hope's interest in the Performance Agreement, and to assume all remaining performance obligations of Hope under the Performance Agreement in exchange for GEDCO's consent and in order to avoid triggering the Clawback Provisions of the Performance Agreement; and WHEREAS, the GEDCO Board approved this Consent by Resolution No. at its meeting on the of , 2008, and determined that allowing the Company to acquire Hope's interest under the Performance Agreement is necessary in order to accomplish the original objectives of the Performance Agreement and avoid the need to exercise the Clawback provision of the Performance Agreement; Exhibit "A" to GEDCO Resolution 110308-E Page 1 of 5 Item # F Attachment number 1 Page 4 of 16 NOW THEREFORE, for and in consideration of the promises and mutual agreements set forth therein, the Parties hereby agree as follows: 1. Company Consent. The Company agrees to assume and perform all remaining obligations of Hope under the Performance Agreement attached hereto as Exhibit "1 ", which include: 1) maintenance of at least forty-four (44) Full Time Jobs at the Facility formerly operated by Hope in the City of Georgetown, Texas, until July 31, 2009; and 2) submission of an annual certified report to the Finance Manager of GEDCO indicating whether or not Company has maintained at least forty-four (44) Full Time Jobs at the Facility as required. 2. GEDCO Consent. GEDCO consents to the acquisition by the Company of Hope's interest in the Performance Agreement attached hereto as Exhibit "I". 3. Notice. Any notice or other communication required or permitted under the Performance Agreement ("Notice") shall be effective when in writing and personally delivered either by facsimile (with electronic information and a mailed copy to follow) or by hand or three (3) days after notice is deposited with the U.S. Postal Service, postage prepaid, certified with return receipt requested, and addressed as follows: If to COMPANY: Manager ProBuild South LLC d/b/a Hope Lumber and Supply Company 300 Leander Rd Georgetown, Texas 78628 with copy to: Manager ProBuild South LLC d/b/a Hope Lumber and Supply Company 1127 Old Bastrop Highway Austin, TX 78742 if to GEDCO: General Manager 113 E. 8t1' Street Georgetown, Texas 78626 with copy to: Carls, McDonald & Dalrymple, L.L.P. 901 South MoPae Expressway, Suite 500 Austin, Texas 78746 Attn: Trish Carls (512) 472-4845 - phone (512) 472-8403 - fax 4. Any other provisions of the Performance Agreement attached hereto not changed herein shall remain in full force and effect between GEDCO and the Company. Exhibit "A" to GEDCO Resolution 110308-E Page 2 of 5 Item # F Attachment number 1 Page 5 of 16 AGREED this day of APPROVED: GEORGETOWN ECONOMIC DEVELOPMENT CORPORATION ANMEW if-.c President APPROVED AS TO FORM: /l Patricia E. Carls, City Attorney and Counsel for GEDCO APPROVED: PRO -BUILD SOUTH, LLC By Name: Title: The State of Texas § County of § 11: ATTEST: e.,` C l : se r Secretary BEFORE ME, the undersigned authority, on this day personally appeared , personally known to me, and who, after being by me first duly sworn, upon his/her oath, did depose and say he/she is the of ProBuild South, LLC, and is duly authorized to sign the document above for the purposes and intents expressed therein_ SUBSCRIBED AND SWORN TO BEFORE ME on this the day of , 2008. NOTARY PUBLIC, STATE OF TEXAS My Commission Expires 920 Exhibit "A" to GEDCO Resolution I I0308-E Page 3 of 5 Item # F Attachment number 1 Page 6 of 16 CERTIFICATION OF CITY COUNCIL APPROVAL I hereby certify that the foregoing Mutual Consent to Assignment of Performance Agreement of the Georgetown Economic Development Corporation was approved by the City Council of the City of Georgetown, Texas on the day of , 2008. THE CITY OF GEORGETOWN ME George Garver, Mayor Sandra Lee, City Secretary Exhibit "A" to GEDCO Resolution 110308-E Page 4 of 5 Item # F Attachment number 1 Page 7 of 16 "Exhibit 1" PERFORMANCE AGREEMENT Exhibit "A" to GEDCO Resolution 110308-E Page 5 of 5 Item # F Attachment number 1 Page 8 of 16 STATE OF TEXAS AGREEMENT COUNTY OF WILLIAMSON § HOPE, LUMBER & SUPPLY CITY OF GEORGETOWN § COMPANY, LP This PERFORMANCE AGREEMENT ("this Agreement") is entered into effective as of the day of t v.;N 2007 ("the Effective Date"), by and between the GEORGETOWN ECONOMIC DEVELOPMENT CORPORATION, an economic development corporation formed by the City of Georgetown, Texas (the "City") under Section 4A of the Development Corporation Act of 1979, as amended (Tex. Rev. Civ. Stat. Ann., Art. 5190.6 (the "Act")) ("GEDCO"), and HOPE LUMBER & SUPPLY COMPANY, LP, a Delaware limited partnership (the "Company"). GEDCO and the Company are sometimes collectively referred to herein as the "Parties" and individually as a "Party". WHEREAS; on May 7, 2005, the voters of the City of Georgetown, Texas approved a proposition relating to the adoption of a sales and use tax within the City for the promotion and development of new and expanded business enterprises at the rate of one -eighth of one percent and the adoption of an additional sales and use tax within the City at a rate of one -eighth of one percent to be used to reduce the property tax rate, as authorized by Section 4A of the Development Corporation Act of 1979, as amended (Article 5190.6 Vernon's Tex. Rev. Civ. Stat. Ann.) (the "Act"); and WHEREAS, following the election approving the above -stated ballot proposition, the City Council of the City of Georgetown, Texas approved Articles of Incorporation creating the Georgetown Economic Development Corporation (GEDCO) pursuant to Section 4A of the Act and the results of the May 7, 2005 election, and caused said Articles to be filed with the Secretary of State on June 30, 2005, and WHEREAS, GEDCO may, with approval of the City Council, provide financing to pay the costs of projects as allowed by the Act, the Articles, and the Bylaws; and WHEREAS, at its meeting on September 18, 2006 the GEDCO Board considered whether to make a grant of money to the Company for a portion of the costs associated with expanding rail service to the Company, said portion being the costs associated with relocating a city electric service line for the sum of $18,410.00 said sum being approximately one-half of the total costs of moving city electric lines as part of the rail service expansion project (the "Project"); and Exhibit "I" To Mutual Consent to Assignment of Performance Agreement (Hope Lumber) Page I of 9 Item # F Attachment number 1 Page 9 of 16 WHEREAS, the Company invested approximately $600,000 in the Project and added five (5) new jobs as a direct result of the Project; and WHEREAS, GEDCO is authorized by Sections 2(11)(A) and (C) -of the Act to make expenditures relating to Iand, buildings, equipment, facilities, expenditures, targeted infrastructure, and improvements (one or more) that are for the creation or retention of jobs; and relating to expenditures found by the Board to be required or suitable for infrastructure necessary to promote or develop expanded business enterprises including electric utilities, and the Board made such findings at its meeting on October 16, 2006; and WHEREAS, it is now necessary to enter into a performance agreement pursuant to the City Council order and Section 40(a) and (b) of the Act; NOW THEREFORE, for and in consideration of the promises and mutual agreements set forth therein, the Parties hereby agree as follows: 1. Company Responsibilities. a. The parties acknowledge that Company has made a capital investment of not less than $600,000 to expand its operations at 300 Leander Road, Georgetown Texas (the "Facility") by relocating the rail spur line as shown in Exhibit A (the "Project"). b. Company completed the Project on or about July 31, 2006 (the "Project Completion Date"). c. Company represents and warrants that it employed thirty-nine (39) people in Full Time Jobs at the Facility prior to the commencement of the Project. As of the date of this Agreement, Company represents and warrants that it currently employs at least forty-four (44) people in Full Time Jobs at the Facility. In consideration of the payment to Company by GEDCO pursuant to Section 2 of this Agreement, Company agrees to maintain at least forty-four (44) Full Time Jobs at the Facility for a period of three (3) years following the Project Completion Date. d. Annually for a period of three (3) years after the date of this Agreement, Company shall submit a certified report to the Finance Manager of GEDCO indicting whether or not Company has maintained at least forty - Exhibit "r. To Mutual Consent Agreement (t lope Lumber) Item # F Page 2 of 9 Attachment number 1 Page 10 of 16 four (44) Full Time Jobs at the Facility as required by this Agreement (the "Certified Job Report"). GEDCO shall have the right to audit all Certified Job Reports submitted by Company at its sole cost and expense; provided however, if any audit reveals that a Certified Job Report submitted by Company was incorrect, Company shall reimburse GEDCO for the reasonable costs of such audit. e. For the purposes of this Agreement, a Full Time Job shall be defined as permanent employment for thirty-five (35) hours or more per week in each month of each reporting period under this Agreement. Seasonal, temporary, or part time jobs are not considered to be new permanent Full Time jobs and shall not be counted as a Full Time Job for the purposes of this Agreement. 2. GEDCO Responsibilities. Upon execution of this Agreement, GEDCO shall pay Company Eighteen Thousand Four Hundred Ten Dollars ($18,410.00) for the costs of relocating the City electric line, which was required as part of the Project. 3. Failure to Retain Full Time jobs. In the event the Company shall fail to retain forty-four (44) Full Time jobs at the Facility for the period required under Section 1(c) of this Agreement, the Company shall be in default under this Agreement and shall reimburse GEDCO for expenditures made under Section 2 of this Agreement in an amount equal to $3,700 times the number of Full Time Jobs not retained as required in Section 1(c) of this Agreement ("the Clawback Amount"). The Clawback Amount shall be paid by the Company to GEDCO within thirty (30) days of notice by GEDCO that the amount is owed. Notwithstanding anything in this Agreement to the contrary, (a) payment of the Clawback Amount shall be GEDCO's sole remedy for Company's breach of this Agreement and (b) the total amount payable by Company pursuant to the Section 3 shall not exceed the amount paid to Company by GEDCO pursuant to Section 2. 4. Failure to Perform by GEDCO. It is understood that GEDCO's performance under this Agreement will be funded solely from the sales and use taxes received by GEDCO. However, GEDCO shall have no obligation to fund its performance in this manner and shall have no obligation to perform the requirements of Section 2 of this Agreement if GEDCO's obligations are determined to violate the statutory authority governing the use of funds by GEDCO. Exhibit "I" 'IU MUILMI CU))5en1 An)"cement (}-lope Lumber) Item # F Page 3 UI 9 Attachment number 1 Page 11 of 16 5. Force Majeure. Except as otherwise provided herein, an equitable adjustment to the time periods and deadlines for performance referenced herein shall be made for delay or failure in performing if such delay or failure is caused, prevented, or restricted by conditions beyond that party's reasonable control (a "force majeure event"). A force majeure event for the purposes of this Agreement shall include, but not be limited to, acts of God; fire; explosion; vandalism, storm or similar occurrences; orders or acts of military authority; changes in law, rules, or regulations outside the control of the affected party; national emergencies or insurrections; riots; acts of terrorism; or supplier failures or shortages. 6. Notice and Opportunity to Cure. Should any Party allege that any other Party has defaulted in the performance of any obligation, the non -defaulting Party will give written notice to the Party alleged to be in default specifying the nature of the alleged default and provide the defaulting Party a period of thirty (30) days to cure the default (the "Cure Period") before exercising any legal or equitable remedy related to the alleged default. 7. Miscellaneous. a. Third Party Rights. No person or entity who or which is not a Party to this Agreement shall have any right of action under this Agreement. b. No Waiver. No waiver of any provision of this Agreement will be deemed or constitute a waiver of any other provision, nor will it be deemed or constitute a continuing waiver unless expressly provided for by a written amendment to this Agreement; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent defaults of the same type. The failure at any time to enforce this Agreement or covenant by GEDCO or its successors or assigns, whether any violations thereof are known or not, shall not constitute a waiver or estoppel of the right to so enforce. c. Assignability. Other than as provided in this Section, COMPANY shall not have the right to assign its interest in this Agreement without the prior written consent of GEDCO, which may not be unreasonably withheld, and any attempted assignment without the consent of the GEDCO shall be of no force or effect. Exhibit "I" I'o Mutual Consent Agreo vent (Hope Lmnbrr) Item # F Page 4 of 9 Attachment number 1 Page 12 of 16 d. Notice. Any notice or other communication required or permitted by this Agreement ("Notice") is effective when in writing and (i) personally delivered either by facsimile (with electronic information and a mailed copy to follow) or by hand or (ii) three (3) days after notice is deposited with the U.S. Postal Service, postage prepaid, certified with return receipt requested, and addressed as follows: If to COMPANY: Mr. Paul Vaughn Hope Lumber & Supply Company, LP 12215 East 61s' Street Broken Arrow, OK 74012-9115 with copy to: McAfee & Taft A Professional Corporation 211 N. Robinson Two Leadership Sq., 101h Floor Oklahoma City, OK Attn: Stephen M. Hetrick if to GEDCO: General Manager 113 E. 81h Street Georgetown, Texas 78626 with copy to: Brown & Carls, L.L.P. 106 E. 61h Street, Suite 550 Austin, Texas 78701 Attn: Trish Carls (512) 472-4845 - phone (512) 472-8403 - fax e. Change of Address for Notice. The Parties may, from time to time, change their respective addresses listed above to any other location in the United States for the purpose of notice under this Agreement. A Party's change of address shall be effective when Notice of the change is provided to the other Party in accordance with the notice provisions herein. Exhibit "I" 'ro Mutual Consent Agreement (Mope Lumber) Item # F Page 5 of 9 Attachment number 1 Page 13 of 16 f. Sevembility. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability shall not affect the validity of any other part, term, or provision, and the rights of the Parties will be construed as if the part, term, or provision was never part of this Agreement. g. Personal Turisdiction and Venue. Personal jurisdiction and venue for any civil action commenced by any party to this Agreement, will be deemed to be proper only if such action is commenced in District Court for Williamson County, Texas, or the United States District Court for the Western District of Texas, Austin Division. h. Captions Immaterial. The numbering, order, and captions or headings of the Sections of this Agreement are for convenience only and shall not be considered in construing this Agreement. i. Entire Agreement. This Agreement contains the entire agreement between the Parties relating to the contribution of funds for the Project and correctly sets forth the rights, duties, and obligations of each to the other as of the Effective Date. Any oral representations or modifications or amendments concerning this Agreement shall be of no force or effect excepting a subsequent written modification executed by both Parties. j. Amendment. This Agreement may be amended by the mutual written agreement of the Parties. k. Term. This Agreement shall terminate following performance by each party of its obligations hereunder. (the remainder of this page is intentionally left blank) Exhibit "I" To Mutual Curtsent Agreement (110pe Lumber) Item # F Page 6 ul 9 Attachment number 1 Page 14 of 16 AGREED this day of 2007. APPROVED: GEORGETOWN ECONOMIC DEVELOPMENT CORPORATION Ron Shelly President APPROVED AS TO F C-NON169" Farley Snell Corporate Secretary Patricia E. Carls, City Attorney and Counsel for GEDCO APPROVED: HOPE LUMBER & SUPPLY COMPANY, LP HOPE LUMBER & SUPPLY COMPANY, LP, a Delaware limited partnership By Name: Title: Exhibit "I" 'ro MI'L1181 Consent Agrcornent (Hope Lumber) Page 7 of 9 MCM2032193-2.redlined,I)OC Item # F Attachment number 1 Page 15 of 16 CERTIFICATION OF CITY COUNCIL APPROVAL I hereby certify that the foregoing Agreement of the Georgetown Economic Development Corporation and the Project described therein was approved by the City Council of the City of Georgetown, Texas on the �Z 71-1- day of 32007. THE CITY OF GEORGETOWN By: 0.4a Gyor By: Y Y , Sandra Lee, City Secretary Exhibit "I" Item # F To MUtilal Consc nt Agreement (Hope Lumber) I'abe ti of 9 Attachment number 1 "Exhibit A" Page 16 of 16 Exhibit "I" To Mutual Consent Agreement (Hope Lumber) Pageq of 9 10� PA C, 0 ry r I T I 6! ittj g j] rr� City of Georgetown, Texas November 25, 2008 SUBJECT: Consideration and possible action to accept the September 30, 2008 end preliminary financial information -- Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration ITEM SUMMARY: The Quarterly Financial Report to Council includes financial information for the last quarter of the fiscal year for all major funds. It also includes a comparison of current YTD revenues for 09/30/08 compared to the prior year 09/30/07, as well as, information regarding the capital improvement projects currently budgeted. A preliminary year-end 2008 projected vs. actual fund balance/working capital report is also included. These statements are preliminary and un-audited. The City's external auditors, Brockway, Gersbach, McKinnon & Niemeier, P.C., will be on -site beginning December 1 st to audit the City's 2007/08 financial records. The final audited financial statements will be completed by January 31, 2008, and presented in late February. An information bid report for the period December 1, 2007 through October 31, 2008 is also included. FINANCIAL IMPACT: SUBMITTED BY: Micki Rundell ATTACHMENTS: Quarterly Financial Report Cover Memo Item # G Attachment number 1 )WN 1 JL ,l V -\ J Preliminary Year End Financial Report for September 30, 2008 Item # G Attachment number 1 Page 2 of 11 Executive Summary For the Quarter Ended 9130108 Major Fund Revenue Comparison Report (page 4): This report compares prior year (2006/07) actual totals with current year (2007/08) to date totals to determine trends and identify areas for further review. The report also shows current year budget information as a benchmark for current year revenues. Revenues are the most volatile component of a city's budget because of their uncertainty. For this reason, the revenue streams in the general fund are tracked on a monthly and quarterly basis. This gives management an opportunity to recommend budget changes and institute budget contingency plans if revenues are not as expected. This report provides Council the ability to monitor trends that impact the budget cycle. Variance Explanations: The following information provides explanations to the variances in the budgeted revenues. • General Fund: Revenues ended the year up 13% over 2006/07, as revenue projections mirrored actual ending balances Property tax revenue is 12% higher than prior year due to the budgeted increase in the tax levy for 2008. We continue to estimate delinquent tax collection revenue will increase slightly in the upcoming year. Franchise fees are 29% higher than prior year due to increased customer demand as a result of the hot weather during the summer and fall months. Sales tax revenue increased 9% over prior year but the declined is less than estimates from earlier in the year. Development and building activity is 24% lower than prior year with 780 residential permits issued in the current year compared to 902 permits issued last year. The decrease is due to the slowdown in the economy and overall housing market. Overall, General Fund revenues are as expected and will be monitored closely over the upcoming months to identify potential shortfall that may impact the 2008/09 budget. • Other Maior Funds: Electric Revenue is over 21 % greater than 2007, but is lower than budget and projections, in spite of increased demand due to the hot dry weather. The budget variance is related to the timing of the Citicorp Data Center coming on line later than originally planned. The budget projected a January 1st start date, when in fact it didn't go on line until June. The 5% increase in wastewater revenue is a result of the implementation of the flat rate sewer last April 2007, as well as, continued customer growth and expansion of the utility. Tap revenue is lower due to the slowdown in development compared to previous years. Other revenue is down from prior year as a result of lower interest rates in the market and lower cash balances within the fund. Water revenue is up 31 % over prior year due to the hot dry weather conditions compared to the previous year's wet conditions. As with wastewater, tap revenue is down due to the economic slowdown. Although interest rates are lower than prior year, the increased balances in the water fund provided greater interest income in 2008 compared to 2007. Utility revenues are significantly impacted by growth and weather conditions. Slowdown in the economy and housing market will continue to impact future revenues. Staff will monitor these trends over the upcoming months to identify areas that may impact the current budget and upcoming CIP process. • CVB Fund: Hotel Occupancy Tax revenue is on par with prior year. Staff will continue to monitor revenues closely to evaluate the revenue trend. Future revenues could possibly decrease as a result of the slowing economy. Item # G Page 2 Attachment number 1 Page 3 of 11 • Airport Fund: Fuel revenues are up 39% over prior year due to the increased revenue associated with higher fuel costs, which will be reflected in the fuel margin. Year End Variance Report (page 5): The year end variance report is included and compares the differences between the actual year end balances and the projections used in the formulation of the 2008/09 budget. The year end numbers are un-audited, as the Auditors will be on -site December 1st — December 12th, 2008 to complete their final field work. Audited financial statements will be on file with the City Secretary no later than January 31, 2008. The Comprehensive Annual Financial Report (CAFR) will be presented to Council in February. Issues, comments, and concerns: A 2007/08 budget amendment is expected to be proposed in January 2009 for revenue related costs and other issues, such as capital roll -forwards and purchases, that were unforeseen during the 2008 budget process. This amendment is required for compliance issues related to the year end 07/08 audit. • Net timing of projects (Albertson's Building, Leander Street project) — $1,400,000 offset with bond proceeds to be issued in May 2009. • Library SRF — donation/grant expenses - $48,000 offset with increased revenue. • Facility ISF — timing of police evidence storage building - $28,000 • Airport Fund — fuel costs - $515,000 offset with increased revenue • Environmental Services Fund — operational costs - $175,000 • Contract expense due to customer growth, as well as, closeout expense for landfill remediation. • NOTE: This fund and related services have been consolidated into the General Fund for fiscal year 2008/09. Item # G Page 3 Attachment number 1 Page 4 of 11 MAJOR FUND REVENUE COMPARISON 200712008 For the Quarter Ended 9/30/2008 E Revenues: 4TH QUARTER PRIOR YEAR 4TH QUARTER PROJECTED 9/30/08 % ACTUAL 9/30/07 % ACTUALS YTD BUDGET TOTAL YTD ACTUAL Property Taxes 7,654,365 7,541,643 98.5% 6,746,271 6,746,271 100.0% Sales Tax 6,840,433 6,820,308 99.7% 6,272,809 6,272,809 100.0% Sales Tax (1/8 cent) 918,546 916,625 99.8% 847,613 847,613 100.0% Franchise Fee/ROI 9,068,964 9,168,941 101.1% 7,129,330 7,129,330 100.0% Development & Inspections 1,086,000 1,158,433 106.7% 1,527,886 1,527,886 100.0% Court Fines 1,021,500 1,013,699 99.2% 976,538 976,538 100.0% Other 4,941,032 4,934,288 99.9% 4,383,129 4,383,129 100.0% Total General Fund Revenues* 31,530,840 31,553,937 100.1% 1 279883,576 27,883,576 100.0% Other Major Funds: Revenues: 4TH QUARTER PRIOR YEAR 4TH QUARTER PROJECTED 9/30/08 % ACTUAL 9/30/07 % ACTUALS YTD BUDGET TOTAL YTD ACTUAL Utility Fund Revenues: ELECTRIC Electric revenue 57,776,414 51,833,477 89.7% Electric tap revenue 350,000 353,834 101.1 % Electric other revenue 755,000 819,994 108.6% TOTAL ELECTRIC REVENUE 58,881,414 53,007,305 90.0% WASTEWATER Wastewater revenue 7,638,114 Wastewater tap revenue 220,000 Wastewater other revenue 162,000 TOTAL WASTEWATER REVENUE 8,020,114 WATER 42,805,466 42,805,466 100.0% 569,514 569,514 100.0% 872,524 872,656 100.0% 44,247,504 44,247,636 100.0% 7,423,190 97.2% 7,039,407 7,039,407 100.0% 262,086 119.1 % 516,942 516,942 100.0% 141,387 87.3% 402,216 402,216 100.0% 7,826,663 97.6% 7,958,565 7,958,565 100.0% Water revenue 12,506,559 13,602,150 108.8% 10,345,351 10,345,351 100.0% Water tap revenue 399,750 427,584 107.0% 617,200 617,200 100.0% Water other revenue 594,784 850,187 142.9% 784,637 784,637 100.0% TOTAL WATER REVENUE 13,501,093 14,879,921 110.2% 11,747,188 11,747,188 100.0% Other Fund Revenues: CVB HOT tax 380,000 Other Revenue 77,497 TOTAL CVB REVENUE 457,497 AIRPORT Fuel revenue 2,116,600 Leases and Rents 454,880 Other revenue 106,780 TOTAL AIRPORT REVENUE 2,678,260 440,582 115.9% 448,942 448,942 100.0% 79,384 102.4% 70,149 70,149 100.0% 519,966 113.7% 519,091 519,091 100.0% 2,765,552 130.7% 1,989,990 1,989,990 100.0% 521,871 114.7% 463,142 463,142 100.0% Total Major Fund Revenues* 83,538,378 79,617,991 95.3% 67,073,570 67,073,702 100.0% * Does not include transfers VARIANCE YTD ACTUAL % 795,372 11.79% 547,499 8.73% 69,012 8.14% 2,039,611 28.61 % -369,453 -24.18% 37,161 3.81% 551,159 12.57% 3,670,361 13.16% 1W �011 VARIANCE 0 ACTUAL % 9,028,011 21.09% -215,680 -37.87% -52 662 -6.03% 8,759,669 19.80% 383,783 5.45% -254,856 -49.30% -260 829 -64.85% -131,902 -1.66% 3,256,799 31.48% -189,616 -30.72% 65,550 8.35% 3,132, 733 26.67% -8,360 -1.86% 9,235 13.16% 875 0.17% 775,562 38.97% 58,729 12.68% -51377 -34.69% 782,914 30.10% 12,544,289 18.70% Item # G Page 4 Attachment number 1 11 /20/08 Preliminary YE 2007108 Variance Report CITY OF GEORGETOWN 10101108 Beginning Fund Balances/Working Capital ACTUAL VS PROJECTED P.-WGENDM20081quarterly finlpdf-9-30-081/page 5 updated.xlslpage 4 Projected YE Budgetary per Budget Actual 10/1/2008 10/1/2008 Variance lanation GOVERNMENTAL FUNDS: General (unreserved) 3,448,849 4,693,190 1,244,341 results from expenditure savings Revenues: 31,765,840 31,850,381 84,541 Expenses: Transportation 2,979,174 2,630, 784 348,390 Timing of street maintenance Community Development 2,518,560 2,455,532 63,028 Open positions Finance & Administration 471,992 471,778 214 Fire 5,468,483 5,272,272 196,211 Open positions Unallocated salary adjustment funds, rolling of home Management Services 6,370, 772 5,804,365 566,407 grant funding, various open positions Community Services 5,574,757 5,634,834 (60,077) Timing of Recreation Center purchases Police Department 8,576,844 8,531,217 45,627 Open positions General Debt Service 1,253,153 1,216,559 (36,594) Ad valorem less than anticipated Timing of Albertson's Building purchase funded with General Capital Projects 3,399,373 (549,819) (3,949,192) bonds to be issued in May Special Revenue Funds: Tourism Fund (unreserved) 329,259 401,105 71,846 Hotel tax revenue greater than budgeted Street Maintenance Tax 1,763,003 1,786,064 23,061 Sales tax greater than budgeted Animal Services 332 15,630 15,298 Revenue greater than anticipated Fire Billing for Services 63,845 100,556 36,711 Expenses lower than anticipated Library Restricted 64,100 36,251 (27,849) Expenses greater than anticipated, requires YE BA Mapping 22,586 53,969 31,383 Expenses lower than anticipated Main Street Facade 25,654 33,134 7,480 Revenue transfer high than anticipated Parks Restricted 171,453 543,687 372,234 Planned expenditures did not occur Police Restricted 45,345 90,371 45,026 Expenses lower than anticipated Cemetery 70,524 76,560 6,036 Revenue greater than anticipated Court Fees SRF 72,216 81,071 8,855 Revenue greater than anticipated INTERNAL SERVICE FUNDS: Facilities Maintenance Fund 38,286 14,684 (23,602) Timing of Polic Evidence Starage project; requires YE BA Fleet Management 546,315 691,357 145,042 Operational & replacement cost savings/open positions Information Services 47,165 50,073 2,908 Allocation Revenue less than anticipated due to lower Joint Services 314,082 242,849 (71,233) dept costs ENTERPRISE FUNDS: Airport Fund 428,323 639,998 211,675 Fuel Sales greater than projected Variance due to timing of Citicorp coming online, as well as, fuel cost associated with purchase power and timing of cost recovery. Fuel recovery will be realized in Electric Services Fund 2,807,535 (3,366,145) (6,173,680) 1st quarter of fiscal year. Increased revenues, as well as, timing of $5M CIP to be Water Services Fund 6,414,003 14,076,868 7,662,865 rolled into 08/09 Sanitation Fund 24,326 (119,691) (144,017) Contract costs and landfill remediation, requires YE BA Stormwater Services Fund 1,622,968 1,740,926 117,958 Timing of CIP projects Item # G Page 5 Attachment number 1 Page 6 of 11 Capital Improvement Projects For the Quarter Ended 09/30/08 2007/08 (OOOs) Project to Date (OOOs) Division Y-T-D Total PTD Project Budget Exp. Enc. Balance Budget Costs Balance Status Facilities 6AS Dtown Master Plan 6AZ Community Center Remodel 6BF City Hall Lobby 6CE Fire Station # 5 62B Police & Court Needs Assessment 6BX Downtown Parking Garage 6CB River Ridge Pool Repairs 65A Defibrillators / 911 Call Boxes 65C Police / Fire Radios 6AB IT / EOC Data Center 6AO Fire Station #1 6B1 Pedestrian Bridge 6BU Old Library Renovations City Building Parking Lots Animal Kennel / Triage Intake Area City Office Improvements Total Facilities Recreation Center 6AW New Library 6CF Convert Batting Cages to Skate Park Total Bond Projects Parkland Development 605 Parks Improvements 6BG Berry Creek Park 6BH River Trails Systems Expansion 6BW Natural Springs Purchase Total Parks Improvements Transportation 6BA Austin Ave- Transportation 6BS Rock Street Extension Total Transportation Improvements Total General Government CIP Streets / Transportation 1AC Old Mill Village 1AR Pavement Mgmt System Update 1AS Main Street 1AX CR-151 / Inner LP Signal 1AZ 2007 Street Rehabs 1 BA Main Street - Univ to 21 st 1 BB Maple Street Realign 1 BC 2008 Street Rehabs 1 BH Oak Tree Drive Bridge 1131 College Street Bridge Total Streets 0 37 0 0 0 1 200 0 0 26 250 0 161 174 21 28 0 94 431 384 0 1 0 46 300 0 385 222 82 64 624 4,020 453 $5,097 36 (73) 0 (0) 0 (1) 0 200 (20) (6) 0 250 0 (13) 0 (7) (94) 0 (239) 286 0 (1) (38) (9) 0 300 (167) 330 14 4 39 4,248 816 8,548 (8,358) 0 36 25 50 50 0 0 0 0 200 75 250 161 21 750 2,604 2,404 0 400 753 82 (3,218) 73 0 1 0 74 0 174 28 750 2,740 2,499 9 0 256 78 217 627 12,616 12,643 (61) 9,700 9,794 (0) 50 50 (73) (0) Complete (1) 200 1 Complete 250 (13) Complete (7) Complete (0) Complete (136) Complete (95) Complete (9) Complete 400 497 4 Complete 407 [a] 1,426 (27) Construction (94) Complete (0) Complete $866 $8,634 ($8,333) $565 $22,366 $22,487 ($121) 0 62 (38) (24) 135 118 17 265 357 (120) 28 524 551 (26) 0 56 1 (57) 120 122 (2) Complete 0 2 (0) (2) 475 476 (1) Complete 300 105 0 195 300 $1,554 105 $1,371 195 Complete $183 $565 $582 ($158) $141 0 (39) 0 39 850 546 304 0 45 (29) (16) 0 $850 16 $561 (16) Design $289 $0 $6 ($29) $23 $3,884 $14,320 ($8,991) $6,238 1 $29,772 $31,528 $2,085 0 214 189 (404) 150 91 59 0 0 208 (175) (33) 0 2 (2) 0 1,830 2,343 120 (633) 565 1 0 564 0 15 28 (43) 1,512 71 (70) 1,511 600 116 25 458 453 444 2 7 0 483 (483) Complete 150 150 0 1,168 1,084 84 Complete 0 0 0 2,484 2,731 (247) Construction 565 1 564 Design 0 43 (43) Design 1,512 98 1,414 Design 600 142 458 Design 453 446 7 Design $5,110 $3,507 $176 $1,4271 $6,932 $5,177 $1,754 Item # G Page 6 Attachment number 1 Page 7 of 11 Capital Improvement Projects For the Quarter Ended 09/30/08 Division Project Budget 2007108 (000s) Y-T-D Exp. Enc. Balance Project to Date (000s) Total PTD Budget Costs Balance Status Stormwater 1 BE Maple Street Culverts 150 0 0 150 150 0 150 Design 1 BF San Gabriel Park Bank Erosion 300 4 0 296 300 4 296 Design 1BG Stormwater Inventory 150 0 0 150 150 0 150 Design 1 BH Oak Tree Drive Bridge 600 1 78 521 600 79 521 Design 5AB Churchill Farms 25 0 0 25 25 0 25 Construction 5AE Downtown Water Quality Ponds 76 112 (21) (15) 991 964 27 Complete 5AG Railroad Drainage 70 20 0 50 162 40 122 Construction 5AH San Gabriel Park Retaining Wall 200 0 0 200 200 0 200 Design 5AI 18th & Pine Drainage 58 0 0 58 58 0 58 Design 5AJ Blue Hole Park River Banks 32 5 0 27 32 5 27 Complete 5AK C&G 2007 100 0 0 100 100 0 100 Design Total Stormwater $1,761 $143 $56 $1,562 $2,768 $1,092 $1,676 Irrigation 3BB SG Peak Flow/ Irrig 0 0 650 (650) 0 650 (650) Construction 51B Pecan Branch Reuse Line 2,330 1,028 727 575 4,250 2,126 2,124 Construction 51C San Gabriel Park Line Upgrades 650 0 0 650 650 0 650 Total Irrigation Wastewater 2AZ 2005 Annexations 2BA 2006 Annexations 2BB Wastewater Master Plan Update 3AD Berry Creek WWTP Expanion 3AL Rock Street Lift Station 3AX South Fork: Phase A 3AY South Fork: Phase B & C1 3BA Northern Lands WWTP 3BB San Gabriel Plant Upgrade 3BC Sun City Lift Station Upgrade 3BD Smith Branch / SG Interconnect 3BE Smith Branch West Fork Phase I 3BF Cimaron Hills Plant Expansion 3BG Lift Station Decommissioning 3BH Park Lift Station Upgrade 3B1 Smith Branch Interceptor Upgrade 5QB Wolf Ranch 303 Wastewater Line Upgrades 304 Edwards Aquifer Compliance Total Wastewater 124 990 0 0 990 990 0 990 Design 0 (4) 244 (241) 0 241 (241) Design 75 95 5 (25) 75 100 (25) Design 0 (21) 0 21 0 (21) 21 460 31 (26) 455 750 113 637 Design 0 2,112 (2,065) (46) 890 2,311 (1,421) Construction 1,500 0 0 1,500 1,500 11 1,489 Construction 0 0 0 0 50 55 (5) Complete 0 943 1,973 (2,916) 696 3,497 (2,801) Construction 500 0 0 500 700 0 700 6,400 294 (288) 6,394 7,220 686 6,534 Construction 0 5 0 (5) 0 5 (5) 320 24 15 281 320 39 281 290 0 0 290 290 0 290 250 0 0 250 250 0 250 0 107 70 (177) 0 177 (177) Design 0 (42) 0 41 3,254 3,557 (303) Complete 100 66 (51) 85 1,008 924 84 1,400 31 (31) 1,400 1,400 32 1,368 666 Item # G Page 7 Attachment number 1 Page 8 of 11 Capital Improvement Projects For the Quarter Ended 09/30/08 2007108 (000s) Project to Date (000s) Division Y-T-D Total PTD Project Budget Exp. Enc. Balance Budget Costs Balance Status Water 2AE Rabbit Hill Pump Station 2AR Westloop: CR 265 2AT Berry Creek Booster Upgrade 2AU Leander Rd GST 2AV Park Plant Clearwell 2AX West Loop: DB Wood to CR 265 2AY Escalera Elevated Storage Tank 2AZ 2005 Annexations 2BA 2006 Annexations 2BB Master Plan Updates 213D Leander Rd Pump Station Upgrade 2BE Leander Rd Water Improvements 2BF Tera Vista Newland Property 3BB SG Peak Flow/ Irrig 4UJ GE20/GE40 Dbl Fdr Ext H29 5QB Wolf Ranch 204 Water Line Upgrades Total Water [a] Purchase of Albertson's building in Q42008 0 675 (675) 0 1,252 1,153 99 Complete 150 145 0 5 150 145 5 Complete 200 0 0 200 200 0 200 75 0 0 75 75 0 75 0 613 1,134 (1,747) 1,500 2,013 (513) Construction 750 0 0 750 750 0 750 Complete 1,725 79 2,248 (601) 1,725 2,326 (601) Construction 800 14 1 785 800 15 785 Design 2,200 2 244 1,953 2,200 247 1,953 Design 75 52 0 23 75 52 23 Design 0 10 276 (286) 0 286 (286) Construction 0 12 0 (12) 0 12 (12) 0 16 0 (16) 0 16 (16) 0 4 0 (4) 0 4 (4) 0 1 0 (1) 0 1 (1) 0 0 0 0 260 305 (45) 1,500 221 (27) 1,306 3,238 1 $12.225 1,032 $7.605 2,206 $4.620 7.475 $1.842 $3.201 $2.431 Item # G Page 8 Attachment number 1 Page 9 of 11 Capital Improvement Projects For the Quarter Ended 09/30/08 Division Project Budget 2007/08 (000s) Y-T-D Exp. Enc. Balance GTEC 51A Economic Development Projects 875 0 0 875 5QB SH 29 Improvements (Wolf Ranch) 0 221 0 (221) 5QC Southwest Bypass 900 22 904 (25) 5QG Arterial SE1: Inner Loop / SH 130 11,138 209 164 10,765 5QH Wolf Ranch Parkway (Rivery to SH 29) 0 158 0 (158) 5QK IH 35 Frontage Road (Wolf Ranch) 0 0 0 0 5QL Northest Inner Loop @ Lakeway 0 2,500 (2,500) 0 5QM River Place 79 0 0 79 5QN Williams Drive Widening 0 0 0 0 5QO 400 Main Street 25 0 0 25 5QP 500 South Austin Avenue 506 407 0 99 5QS Park Central Blvd 0 3 (3) 0 5QT SE Inner Lp Widening 125 0 0 125 5QU 501 South Austin Ave 532 0 0 532 51 B NW Blvd Bridge 0 20 1 (21) Total GTEC Project to Date (000s) Total PTD Budget Costs Balance Status 875 0 875 7,814 8,373 (559) 1,560 1,586 (26) Design 12,677 1,448 11,229 Design 2,672 2,568 104 Complete 2,686 2,260 425 Construction 2,500 2,500 0 Design 78 0 78 1,200 1,200 0 Design 108 83 25 506 407 99 0 0 0 125 0 125 532 0 532 0 21 (21) $14,179 $3,539 ($1,435) $12,075 1 $33,333 $20,446 $12,887 Item # G Page 9 Attachment number 1 Page 10 of 11 Completed Projects For the Quarter Ended 09130108 Project to Date Total Total Completed Projects Budget Costs Variance Note Streets 1AC Old Mill Village $0 $482,833 ($482,833) [a] Drainage 5AJ Blue Hole Park River Bank $32,000 $4,962 $27,038 Water & Wastewater 5QB Wolf Ranch $3,254,000 $3,556,546 ($302,546) 2AW Austin Ave W/WW Rehab $500,000 $634,330 ($134,330) 3AF Smith Branch Phase 3 $0 $110 ($110) 2AE Rabbit Hill Pump Station $1,252,000 $1,153,381 $98,619 2AR West Loop: CR 265 $150,000 $144,651 $5,349 1AS Main Street Ln Upg - 9th to Univ $210,000 $188,088 $21,912 General Capital Projects 62B Police & Court Needs Assessment $75,000 $73,541 $1,459 6CB River Ridge Pool Repairs $160,500 $173,758 ($13,258) [b] 65A Defibrillators / 911 Call Boxes $21,000 $28,238 ($7,238) 65C Police / Fire Radios $750,000 $750,001 ($1) 6CF Skate Park $50,000 $50,007 ($7) 6BG Berry Creek Park $120,000 $122,245 ($2,245) 613W Natural Springs Purchase $300,000 $104,880 $195,120 Totals $1,476,500 $1,302,670 $173,830 Notes: [a] Grant funded [b] Scope of work changed as project progresed Item # G Page 11 Attachment number 1 Page 11 of 11 INFORMAL BIDS $25,000 TO $50,000* December 1, 2007 to October 31, 2008 BID NO. DESCRIPTION AMOUNT AWARDED 28003 Oil Change Services $ 27,356.00 28017 San Gabriel Adult Baseball Field Fence $ 25,962.61 28024 Pool Chemicals $ 32,470.00 28025 Janitorial Supplies $ 44,628.68 28028 Bore Gard PVC $ 43,099.85 28031 Emulsion $ 40,000.00 28033 Cold Pour Crack Sealer $ 49,370.00 28036 Street Striping $ 46,100.00 28066 Downtown Parking Security Services $ 26,685.41 DATE AWARDED 11 /27/2007 1 /22/2008 2/26/2008 4/22/2008 2/12/2008 3/25/2008 6/24/2008 5/13/2008 9/23/2008 *Purchase of item and services informally bid and approved by Council. At the November 13, 2007 Council Meeting, Purchasing Dept. requested that the formal bid amount be increased to $50,000. It is still Purchasing Policy that all purchases of $25,000 and over be submitted to Council for approval, except professional services. Professional services are required to be awarded by Council for $15,000 and over. Item # G Page 12 City of Georgetown, Texas November 25, 2008 SUBJECT: Consideration and possible action to approve the purchase of an Itron MC3 Mobile Collector to replace our current model, at a price of $45,750.00 -- Kathy Ragsdale, Utility Office Manager and Micki Rundell, Director of Finance and Administration IYIIMIL& lY1 ulu/_AM The City of Georgetown currently uses an Automated Meter Reading System (AMR) to collect the majority of its water and electric meter readings for our monthly utility billing. There are 3 reading methods used to read each cycle: • Fixed Net reads — a completely automated meter reading retrieved by the office through a radio and fiber network (71 %) • Mobile collected reads — an automatic meter reading that is picked up by a collection unit mounted within a truck, which drives up and down each street. (27%) • Manual reads — meter reader physically reads the meter and keys the reading into a handheld collector. (2%) The mobile collector is needed to pick up the readings from meters that are ERTed, but with no cell collection unit (CCU) that can pick up the reads. This could be because we do not have any CCUs close enough to pick up the reading, or because something is blocking the signal. There are about 11,000 meters that are read with the mobile collector monthly. We currently use Itron's Mobile Collection System 2.7, which was purchased in 2001. In October, we were notified that Itron would no longer sell this unit or any parts for it, and as of April 1, 2009, will no longer provide support, requiring the City to find a replacement or take the chance of having to read over a quarter of the City by hand. The Mobile Collector is also the only back up to the fixed -net system. The replacement unit is the Itron MC3 Mobile Collector, which is the next generation in drive -by technology, compatible with our current Itron meter reading application, MV-RS, and will not require an upgrade to our application software. FINANCIAL IMPACT: The cost of the MC3 Mobile Collector and the hardware to attach to it to any of the 3 field vehicles is $45,750.00 and will be paid out of GL # 610-5-0524-52-323 - (AMR)System Upgrade COMMENTS: The MC3 Mobile Collector is proprietary equipment and does not require a competitive bid. SUBMITTED BY: Micki Rundell ATTACHMENTS: Sole Source Letter from Itron Cover Memo Item # H Attachment number 1 Page 1 of 1 Electric / Gas l Water Information collection, analysis and application Itron November 24, 2008 Sandra Arnold City of Georgetown Subject: Itron — Sole Source Dear Ms. Arnold: 313-B North Highway 11 West Union, SC 29696 864.638.8300 Tel 864.638.4950 Fax www.itron.com Please be advised that Itron, Inc. is the sole source to obtain the Itron MC3 Mobile Collection Unit and all supporting equipment. As a result please send all solicitations to Itron for purchase of this product. Thank you for your help in this matter and please call if you have any questions. Sincerely, Willie Nickson Area Sales Manager, Itron Item # H City of Georgetown, Texas November 25, 2008 SUBJECT: Consideration and possible action to approve a Master Services Agreement with Espey Consultants, Inc., Austin, Texas, for environmental and professional engineering -- Thomas R. Benz, P. E., System Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations IIIII& lY1 ulu/_T:a`iF Attached for your review and consideration is a Master Services Agreement (MSA) with Espey Consultants, Inc. (ECI) contract. The MSA contains the basic terms governing the relationship between the City and the engineer. The MSA would have a term of one year, renewable for up to four additional terms. During the contract term, the City could issue Task Orders to the engineering firm for specific projects. The Task Orders would contain all of the details that would be specific to a certain project — e.g., scope, schedule, cost, etc. Task Orders would be approved by the authorized City representative(s) in accordance with the City's purchasing policy — which currently requires that all professional services contracts for $15,000 or greater be approved by the City Council. ECI highly qualified engineering firm, with one of their specialties in environmental assessments and inspection for potential waters of the U.S./wetlands, for endanger species and other regulatory requirements. Approval of the MSA is not a guarantee of work, but approval of the MSA allows Task Orders to be issued in an expeditious way that will allow for efficient project management. STAFF RECOMMENDATION: Staff recommends entering into an MSA with Espey Consultants Inc. I II\/_W[y NIV19W l7GOO" SUBMITTED BY: Jana Kern ATTACHMENTS: MSA - Espey Consultants Cover Memo Item # I Attachment number 1 Page 1 of 19 PROFESSIONAL SERVICES CONTRACT MASTER SERVICES AGREEMENT ENGINEERING SERVICES This is a Professional Services Contract ("Contract") between the City of Georgetown, Texas (the "CITY") and Espey Consultants, Inc., ("Professional"), collectively referred to as the "Parties" or individually as a "Party", made for and in consideration of the payment terms and performance obligations herein described. WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Engineering Services Procurement Act" provides for procurement by municipalities of services of professional engineers; and WHEREAS, City and Professional desire to contract for such professional engineering services; and WHEREAS, City and Professional wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, for and in consideration of the mutual promises contained herein and other good and valuable consideration, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: ARTICLE 1. SERVICES TO BE PROVIDED (a) Professional shall provide professional services (the "Services") to CITY under individual assignments ("Task Order(s)") in the general format shown in Attachment A to the Agreement. The Services that Professional may be requested to perform include professional engineering services such as civil engineering site services, utility line design, drainage calculations and design, street design, and related surveying, GIS mapping, investigations, studies, reports, reviews, designs, and consultations. CITY will provide a written Task Order, including a written scope of work ("Scope of Work") describing the particular tasks to be performed, to Professional for the particular task and a specific price or a formula by which the price can be determined. No Services are authorized unless authorized representatives of both Parties sign such a Task Order. This Contract does not guarantee a minimum amount Professional will be paid or a minimum number of Task Orders. (b) Notwithstanding anything to the contrary contained in this Contract, CITY and Professional agree and acknowledge that CITY is entering into this Contract in reliance on Professional's special and unique abilities with respect to performing the Services. Professional represents that there are no undisclosed obligations, commitments or impediments of any kind that will or could taint, limit or prevent performance of the Services. (c) Changes in Services. CITY may request additional Services or changes in the Services as the project progresses. If so, changes in the Scope of Work shall be initiated by a written change order ("Change Order") signed by an authorized representative of each Party. The Change Order shall describe the Services to be added, changed or deleted and shall state the additional cost or cost reduction and schedule changes, if any. Verbal Change Orders shall have no effect, except in cases of an emergency threatening personal injury or property damage. The terms and conditions of this Contract may be modified only by a written amendment signed by an authorized representative of each Party. Master Services Agreement - Engineering Page 1 Version 9.5.2008 Item # Attachment number 1 Page 2 of 19 (d) Effect of Expiration on Task Orders. Upon expiration or earlier termination of this Contract, these terms and conditions shall continue in full force and effect with respect to any Task Order awarded under this Contract that has not been completed or otherwise terminated. ARTICLE 2. CONTRACT DOCUMENTS (a) General Definition. In order of precedence, this Contract shall consist of the following documents ("Contract Documents"): (1) All written Change Orders executed after the effective date of this Contract by an authorized representative of each Party; (2) Each Task Order executed pursuant to this Contract by an authorized representative of both Parties; (3) The Scope of Work attached to each Task Order; (4) This Contract; and (5) Any other documents specifically identified as Contract Documents. (b) Exclusion from Contract Documents. No terms and conditions submitted by Professional in connection with any proposal or proposed Task Order that conflict with the terms and conditions contained in this Contract will be considered part of the Contract Documents unless expressly accepted in writing by the CITY. ARTICLE 3. TERM This Contract is for a one (1) year period, with an option to extend for four (4) consecutive one (1) year periods, not to exceed a maximum of five (5) years. The primary term begins upon execution of this Contract by an authorized representative of the CITY. This Contract will be deemed to extend beyond its expiration or termination date with respect to any Task Order being performed under it at that time, unless the Task Order is also terminated. ARTICLE 4. SCHEDULE Time shall be of the essence for performance under this Contract. Professional agrees to perform all obligations and render the Services set forth in this Contract or any Task Order issued pursuant hereto in accordance with any timelines included in the Scope of Work, except as the Parties may otherwise mutually agree to in writing. If required by the Scope of Work, a specific Services progress schedule will be developed for each individual task in compliance with the Scope of Work. ARTICLE 5. PRICE The price to be paid for Services under any Task Order shall be a not to exceed price as agreed in a particular Task Order. ARTICLE 6. PAYMENT (a) Notwithstanding anything in this Contract to the contrary, all payments to be made by the CITY hereunder are subject to Ch. 2251 of the Texas Government Code, popularly known as the Prompt Payment Act. Payment in full for invoices shall be due within thirty (30) days from date the invoice is received by CITY. Invoices paid more than thirty (30) days after the invoice is received are subject to a late charge of 1% per month (12% APR) on the amount of the undisputed past due balance. Master Services Agreement - Engineering Page 2 Version 9.5.2008 Item # Attachment number 1 Page 3 of 19 (b) Invoices for payment under this Contract shall be sent to: City of Georgetown Attn: Accounts Payable P.O. Box 409 Georgetown, Texas 78626 CITY's purchase order numbers shall be included prominently on each invoice. Payments may be based on completion of the Services, fulfillment of milestones, progress payments or any other method that is established in the agreed Task Order. In no event shall Professional invoice CITY more than once a month. (c) No invoice shall be considered complete or payable unless all documentation is submitted with invoice supporting reimbursable and CITY approved expenses, such as time sheets, transportation, lodging and meal expenses. Alcohol and entertainment expenses are not reimbursable. ARTICLE 7. ACCEPTANCE OF THE SERVICES When Professional can demonstrate that the Services are complete in accordance with the acceptance criteria included in the Task Order and so notifies CITY, CITY shall review the Services for general compliance with the Contract. If the Services appear to comply with the Contract requirements, and Professional has furnished any required documentation, CITY shall notify Professional in writing of CITY's acceptance of the services ("Acceptance of the Services"). Acceptance of the Services shall not limit nor diminish Professional's warranties and standards with respect to the Services. ARTICLE 8. JOBSITE INSPECTION If applicable to the Services and required by the CITY, Professional's representatives shall inspect the jobsite and clearly understand the requirements and risks of the Services to be performed, the jobsite conditions, traffic conditions, the proximity of high -voltage power lines, buried utilities, biological hazards and other local conditions likely to affect Professional's performance before accepting any Task Order. Acceptance of a Task Order shall constitute the Professional's certification that it has by inspection satisfied itself with respect to all such local conditions and is willing to accept all risks they impose. ARTICLE 9. INDEPENDENT CONTRACTOR Professional shall perform in all respects as an independent contractor and not as an employee, partner, joint venturer or agent of the CITY. The Services to be performed by Professional shall be subject to the CITY's review, approval and acceptance as provided in the Contract Documents, but the detailed manner and method of performance shall be under the control of Professional. The accuracy, completeness and scheduling of the Services and the application of proper means and methods for performance of the Services are entirely the responsibility of Professional. Professional shall be solely responsible for hiring, supervising and paying its employees, subcontractors and suppliers. Professional shall be solely responsible for payment of all (i) compensation, including any employment benefits, to its employees, (ii) taxes, including withholding for federal income tax purposes, employment and unemployment taxes, and (iii) such other expenses as may be owed to Professional's employees. However, because Professional's Services may be associated in the minds of the public with CITY, Professional shall ensure that all Services by its employees, subcontractors and agents are performed in an orderly, responsible and courteous manner. Upon prior notification to and written approval of CITY, Professional may hire subcontractors to perform Services hereunder. Professional shall be responsible to CITY for the performance of all such subcontractors. The CITY reserves the right, in its sole discretion, to reject the employment by Professional of any subcontractor to which CITY has a reasonable objection. Professional, however, shall not be required to Master Services Agreement - Engineering Page 3 Version 9.5.2008 Item # I Attachment number 1 Page 4 of 19 contract with any subcontractor to which it has a reasonable objection. CITY shall require any and all such subcontractors to sign contracts with Professional that bind the subcontractors to perform their subcontracts in accordance with the applicable requirements of the Contract Documents. Upon the request of CITY, Professional shall furnish CITY with copies of such subcontracts. In addition, Professional agrees that it is Professional's responsibility to ensure that such subcontractors make all appropriate tax payments or tax withholding in relation to subcontractor's employees providing Services to CITY through Professional under this Contract. Professional represents that it and its subcontractors are fully trained to perform the tasks required by this Contract and that they need no training by the CITY. ARTICLE 10. DESIGNATED PROJECT REPRESENTATIVES (a) City's Designated Representative. The City's Designated Representative for purposes of this Contract shall be designated on each Task Order. The City's Designated Representative shall coordinate all meetings and be authorized to act on City's behalf with respect to the Task Order. City or City's Designated Representative shall participate in all meetings and render decisions in a timely manner pertaining to documents submitted by Professional in order to avoid unreasonable delay in the orderly and sequential progress of Services. (b) Professional's Designated Representative. The Professional's Designated Representative for purposes of this Contract shall be acceptable to the City and designated on each Task Order. The Professional's Designated Representative shall participate in all meetings and be authorized to act on Engineer's behalf with respect to the Task Order. Professional's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by City in order to avoid unreasonable delay in the orderly and sequential progress of Services. (c ) The Parties Designated Representatives shall serve as the primary contact person for issues related to work under each Task Order. (d) Changes to a Designated Representative shall be provided in writing by one party to the other. The City retains the right at all times to approve or disapprove the Professional's Project Representative. ARTICLE 11. LICENSES AND PERMITS (a) Professional shall procure and maintain at its expense all licenses and permits necessary for it to perform the Services. (b) Professional shall ensure that its employees and subcontractors and their employees are all properly licensed to perform their respective portions of the Services. ARTICLE 12. GOVERNING LAWS. REGULATIONS & STANDARDS (a) This Contract shall be governed, interpreted and enforced under the laws of the State of Texas, without regard to its conflict of law principles. In the event of litigation between the Parties arising out of this Contract issued under it, venue for such litigation shall be in a court of competent jurisdiction in Williamson County, Texas. (b) Professional, its employees, subcontractor's and agents, shall be aware of and shall comply with the Charter of the City of Georgetown and all federal, state and local laws, ordinances, codes (including applicable professional codes) and regulations applicable to the Services, any equipment to be fabricated and delivered and for compliance with standards and codes of technical societies that have been adopted by law or regulation or compliance with which is required to perform the Services. . If any of the Services fails to comply with such laws, ordinances, codes and regulations, Professional shall bear any expense arising from Master Services Agreement - Engineering Page 4 Version 9.5.2008 Item # Attachment number 1 Page 5 of 19 that failure, including the costs to bring the Services into compliance. Professional shall further obtain and maintain all permits and licenses required, if any, for the performance of any Services required hereunder. ARTICLE 13. INTOXICANTS & DRUGS: EMPLOYEE CONDUCT Professional shall not at any time allow personnel for whom it is responsible on the jobsite if they are under the influence of any substance that may impair their performance. Professional shall promptly remove from the jobsite any person who is or appears to be under the influence of any of these substances or is otherwise unsafe or disorderly. Professional shall ensure that its employees, subcontractors and their employees avoid excessive noise, exceeding speed limits or reckless driving, use of weapons or trespass on land not owned by or under easement to CITY. If private property must be entered or crossed to perform the Services, Professional shall obtain permission from the property owner before entering. ARTICLE 14. RISK OF LOSS (a) Professional shall bear the expense and risk of loss or damage to its work in progress, completed work, materials, equipment and all other incidents of its Services prior to Acceptance of the Services. Professional shall promptly replace or repair any loss or damage to its work at its own expense. In the event of substantial loss or damage due to Force Majeure (see Article 20 for definition), the schedules shall be equitably extended. Professional shall bear the expense of storage space for stored materials, whether on -site or off -site, and shall bear the risk of loss or damage to all such materials. Professional shall take reasonable precautions to protect its work from weather damage, burglary, pilferage, fire, theft and similar hazards. (b) Professional shall bear the risk of loss or damage to its own equipment, tools, supplies and property and those of its subcontractors and suppliers, regardless of the cause of loss or damage throughout the project. ARTICLE 15. WARRANTIES AND STANDARDS (a) Warranty of Title. Professional warrants the title to any goods it delivers to CITY incidental to the performance of the Services and that said goods will be free and clear of all liens, mortgages, security interests or other encumbrances. (b) General Standard of Performance. Professional shall perform all Services in a professional manner consistent with the usual and customary industry standards and to any higher standard required in the Contract Documents. Professional shall correct, without delay and at its own expense, any portion of the Services that does not meet the foregoing standard and that is discovered within one (1) year after Acceptance of the Services by re -performing the defective portion of the Services to the required standard of performance. Any repair, replacement or modification of the Services performed pursuant to the provisions of this paragraph shall be supplied or repaired on the same terms and conditions as provided for herein for the Services. In particular, a new correction period shall apply. Such new correction period shall expire twelve (12) months from the date of such replacement, repair or modification. (c) Intellectual Property Warranty. Professional warrants that the Services, including any deliverables associated therewith, and the processes used in performing them shall not infringe on any valid United States patent, United States copyright, trademark or trade secret. (d) Business Standing Warranty. Professional warrants, represents and agrees that if (i) it is a corporation or limited liability company, then it is a corporation duly organized, validly existing and in good standing under the laws of the State of Texas, or a foreign corporation or limited liability company duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary corporate power and has received all necessary corporate approvals to execute and deliver the Contract, and the individual executing the Contract on behalf of Professional has been duly authorized to act for and bind Master Services Agreement - Engineering Page 5 Version 9.5.2008 Item # Attachment number 1 Page 6 of 19 Professional; or (ii) if it is a partnership, limited partnership or limited liability partnership, then it has all necessary partnership power and has secured all necessary approvals to execute and deliver this Contract and perform all its obligations hereunder; and the individual executing this Contract on behalf of Professional has been duly authorized to act for and bind Professional. ARTICLE 16. GENERAL INDEMNITY (a) PROFESSIONAL SHALL HOLD THE CITY, ITS AFFILIATES, ITS BOARDS OF DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES (JOINTLY "CLAIMS"), INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF, OR RESULTING FROM OR ARISING UNDER THIS CONTRACT, OR ANY CLAIMED DEFECT IN THE SERVICES, PROVIDED THAT ANY SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT OR GROSSLY NEGLIGENT ACT OR WILLFUL MISCONDUCT OF PROFESSIONAL, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY IT, OR ANYONE FOR WHOSE ACTS IT MAY BE LIABLE. (b) IF THE PARTIES ARE CONCURRENTLY NEGLIGENT, EACH PARTY'S LIABILITY SHALL BE LIMITED TO THAT PORTION OF NEGLIGENCE ATTRIBUTABLE TO IT AS DETERMINED UNDER THE APPLICABLE PROPORTIONATE RESPONSIBILITY RULES OF THE STATE OF TEXAS. (c) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NEITHER PARTY SHALL BE LIABLE TO INDEMNIFY THE OTHER FOR THE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE OTHER. (d) THE FOREGOING INDEMNITY PROVISIONS SHALL BE DEEMED INDEPENDENT COVENANTS AND SHALL SURVIVE COMPLETION OF OR ANY TERMINATION OF THE CONTRACT OR ANY CLAIMED BREACH THEREOF. PROFESSIONAL'S INDEMNITY RESPONSIBILITY AS SPECIFIED IN THIS ARTICLE SHALL NOT INCLUDE SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. ARTICLE 17. INTELLECTUAL PROPERTY INDEMNITY (a) PROFESSIONAL SHALL, AT ITS OWN EXPENSE, DEFEND ALL SUITS OR PROCEEDINGS INSTITUTED AGAINST CITY, ITS AFFILIATES, ITS BOARDS OF DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES BASED UPON ANY CLAIM THAT THE SERVICES, OR ANY PART THEREOF, OR THE PROCESS PERFORMED THEREBY CONSTITUTES AN INFRINGEMENT OF EITHER ANY PATENT OR COPYRIGHT OF THE UNITED STATES OR OF ANY TRADEMARK OR TRADE SECRET PROTECTED BY EITHER FEDERAL OR STATE LAW. PROFESSIONAL SHALL PAY ALL AWARDS OF DAMAGES ASSESSED WHICH RESULT FROM ANY SUCH CLAIM, SUIT OR PROCEEDING AND SHALL INDEMNIFY AND SAVE CITY HARMLESS AGAINST LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), AND DAMAGES RESULTING FROM ANY SUCH CLAIM, SUIT OR PROCEEDING, INCLUDING OBEDIENCE TO RESULTING DECREES AND TO RESULTING COMPROMISES. (b) IF, IN ANY SUCH SUIT, A RESTRAINING ORDER OR TEMPORARY INJUNCTION IS GRANTED, PROFESSIONAL SHALL MAKE EVERY REASONABLE EFFORT, BY GIVING A SATISFACTORY BOND OR OTHERWISE, TO SECURE THE SUSPENSION OF ANY SUCH RESTRAINING ORDER OR TEMPORARY INJUNCTION. IF, IN ANY SUCH SUIT, THE SERVICES OR ANY PART THEREOF OR THE PROCESS PERFORMED THEREBY IS HELD TO CONSTITUTE AN INFRINGEMENT AND ITS USE BE Master Services Agreement - Engineering Page 6 Version 9.5.2008 Item # I Attachment number 1 Page 7 of 19 PERMANENTLY ENJOINED, PROFESSIONAL SHALL AT ONCE MAKE EVERY REASONABLE EFFORT TO SECURE FOR CITY A LICENSE AT PROFESSIONAL'S EXPENSE AUTHORIZING THE CONTINUED USE OF THE ALLEGED INFRINGING PORTION OF THE SERVICES. IF PROFESSIONAL IS UNABLE TO SECURE SUCH LICENSE WITHIN A REASONABLE TIME, PROFESSIONAL SHALL, AT ITS OWN EXPENSE AND WITHOUT IMPAIRING PERFORMANCE REQUIREMENTS, EITHER PROVIDE NON -INFRINGING REPLACEMENTS OR MODIFY THE SERVICES TO ELIMINATE THE INFRINGEMENT. IN ADDITION TO INDEMNIFYING AND SAVING CITY HARMLESS, PROFESSIONAL SHALL REIMBURSE CITY FOR ANY COSTS INCURRED AS A RESULT OF THE UNAVAILABILITY OF THE INFRINGING ITEM OR ITS NON - INFRINGING REPLACEMENT. ARTICLE 18. INDEMNITY PROCEDURES Promptly after receipt by any entity entitled to indemnification of notice of the commencement or threatened commencement of any civil, administrative or investigative action or proceeding involving a claim for which the indemnitee seeks indemnification, it shall notify the indemnitor of such claim in writing. No failure to so notify an indemnitor shall relieve the indemnitor of its obligations under this Contract except to the extent that the indemnitor can demonstrate damages attributable to such failure. Within fifteen (15) days following receipt of written notice from the indemnitee relating to any claim, but no later than ten (10) days before the date on which any response to a complaint or summons is due, the indemnitor shall assume control of the defense and settlement of that claim. ARTICLE 19. INSURANCE Professional shall obtain and maintain the insurance coverage specified below on an occurrence -basis and shall provide to CITY a copy of the insurance policies listing the coverage before starting Services. THE COVERAGE SHALL NOT BE CONSTRUED AS ESTABLISHING OR LIMITING PROFESSIONAL'S LIABILITY UNDER THE INDEMNITY PROVISION. Professional for itself and its insurers hereby waives subrogation against CITY, its affiliates, their Boards of Directors, directors, officers, employees and agents with respect to General Liability, Auto and Workers Compensation insurance. Professional's failure to maintain the required insurance coverage at any time during the Contract period may be grounds for CITY to suspend the Contract and withhold payment until insurance coverage is satisfactory. In addition to any other required information, all insurance policies must contain the applicable purchase order number and project title. Failure to furnish or update (as applicable) insurance policies that comply with CITY requirements may result in retraction of a contract award, or suspension or termination for breach of contract. The Professional's insurance coverage shall be primary insurance with respect to the City, its affiliates, their boards of directors, officers, agents, employees and volunteers. Any insurance or self-insurance maintained by the City, its affiliates, their boards of directors, officers, agents, employees and volunteers, shall be considered in excess of the Professional's insurance and shall not contribute to it. The Professional shall include all subcontractors as additional insureds under his policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. General Liability, Automobile Liability, and Professional Liability insurance shall be written by a carrier with an A:VIII or better rating in accordance with the current Best Key Rating Guide. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. Master Services Agreement - Engineering Version 9.5.2008 Page Item # I Attachment number 1 Page 8 of 19 Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. The City, its affiliates, their boards of directors, officers, agents and employees are to be added as "Additional Insured" on all policies other than the Workers' Compensation and Professional Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, or volunteers. A Waiver of Subrogation in favor of the City of Georgetown with respect to Workers' Compensation insurance must be included. Contractor shall be responsible for paying all valid claims, regardless of the amount of any deductible or whether insurance coverage is available. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after ten (10) days' prior written notice has been given to the City of Georgetown. Type of Insurance (a) Workers' Compensation Coverage A - Coverage B - (b) General Liability Bodily Injury Bodily Injury Property Damage (c) Automobile Liability Minimum Coverage statutory $ 250,000 employer's liability $ 500,000 per person $1,000,000 per occurrence $1,000,000 per occurrence (including owned or leased vehicles) Bodily Injury $1,000,000 per occurrence Property Damage $ 500,000 per occurrence The automobile liability coverage shall apply to owned, non -owned, hired and leased vehicles. (d) Professional Liability $1,000,000 per claim With approval of the City's Risk Manager, a Claims Made Policy may be accepted for Professional Liability Insurance, provided that the deductible limit shall not exceed Fifty Thousand Dollars ($50,000). (e) Copies of Policies. Before Services begin, a copy of the policies for all required insurance shall be filed with the CITY Purchasing Agent. (f) Other Insurance. Other or different insurance requirements shall be specified in a Task Order. Master Services Agreement - Engineering Page 8 Version 9.5.2008 Item # Attachment number 1 Page 9 of 19 ARTICLE 20. FORCE MAJEURE (a) The nonperformance or delayed performance by Professional or CITY of any obligation under the Contract shall be excused if such nonperformance or delay is caused by an event beyond the control of the affected Party ("Force Majeure"), except to the extent that Professional knew of or should reasonably have been able to foresee such an event and failed to take reasonable measures to avoid the event. Items beyond the control of the Parties include, but are not limited to: acts of war, acts of a public enemy, acts of domestic or foreign terrorism, natural disasters, strikes, epidemics or quarantine restrictions, riot, or sabotage and acts of civil or military authority having jurisdiction. (b) Upon occurrence of a Force Majeure event, the date for performance of the Services shall be extended for a period equal to the time lost by reason of the delay, provided Professional or CITY has taken reasonable steps to proceed with the performance of the Contract and has made written notification of such delay and of any corrective action taken. Professional shall not be entitled to any increase in compensation by reason of Force Majuere. (c) The following delays shall not constitute excusable delays in performance by Professional and shall not constitute a reason for extending the date for performance of the Services: (1) Delays by subcontractors or by suppliers for reasons other than Force Majeure; (2) Delays in approval of documentation because of inadequate performance or to unrealistic approval schedules; or (3) Delays caused by Professional's lack of sufficient personnel with the necessary skills. ARTICLE 21. GENERAL SAFETY, ENVIRONMENTAL AND SITE OPERATIONS REQUIREMENTS (a) General. Professional, its employees and subcontractors shall perform all work required by this Contract in a safe and healthy manner. During the course of the work, the Professional shall comply with and enforce all laws, rules, regulations and industry practices applicable to worker safety and health. (b) Scope of Health and Safety Requirements. Professional will manage all of Professional's employees and subcontractors on site and will be accountable for their employees' and subcontractors' performance with respect to health and safety. (c) Mandatory Health and Safety Conditions. (1) Training/Qualification - Professional, its employees and subcontractors performing work on site shall be properly trained and qualified to perform the work they are expected to perform, and have received the necessary certifications and other credentials necessary to perform the work, as required. (2) Safety Orientation — Professional shall ensure all of its employees and subcontractors on site shall attend a safety orientation prior to the start of work. If any workers fail to attend the initial safety orientation, Professional shall designate an employee (e.g., site superintendent) to provide the orientation before those workers shall be allowed to start work. All safety orientations shall be documented and maintained for inspection. Safety orientation is only required once unless otherwise needed, or the Scope of Work changes. (d) Warnings & Barricades. Professional shall furnish, erect and maintain warning notices, signs, signals, lights, protective guards, enclosures, platforms and other devices as necessary to adequately protect all personnel on site; including but not limited to employees, subcontractors, other professionals, CITY workers and the public. Master Services Agreement - Engineering Page 9 Version 9.5.2008 Item # I Attachment number 1 Page 10 of 19 (e) Personal Protective Equipment (PPE) & Safety Equipment. Professional shall ensure all contract employees and subcontractors are trained on and equipped with appropriate PPE and safety equipment (i.e. lanyards, harnesses, monitoring equipment, rescue equipment, fire extinguishers, etc.). (f) Periodic Inspections. Professional shall conduct regular health and safety inspections of the work area(s) and work being performed. CITY, or its agent, reserves the right to inspect the work site(s) at any time and without prior notice to Professional. (g) Safety Communications (1) Safety meetings — Professional shall ensure that all hazards and protective measures associated with the work being performed on site are properly communicated to all personnel on site. Professional shall conduct regular health and safety meetings. A copy of the minutes of such meetings shall be submitted to CITY, upon request. Professional is responsible for providing an interpreter if necessary to ensure its communications are understood by all workers. (2) Communications with CITY — The City's Designated Representative shall be the point of communication for all safety and health issues arising under this Contract. Professional shall communicate with the City's Designated Representative in the event of any of the following conditions: • Professional shall inform City's Designated Representative twenty-four (24) hours prior to any activity that could adversely affect a business organization. Examples of these "activities" include but are not limited to welding, painting, fire protection, system maintenance/repair and any activity impacting emergency systems/egress routes. City's Designated Representative will make all reasonable efforts to inform any parties potentially impacted by the activities. • Professional shall immediately inform the City's Designated Representative of all federal, state and local safety inspections, citations and penalties associated with the work. • Professional shall immediately notify the City's Designated Representative by verbal, person to person communication, in the event of any incident that results in a death, serious bodily injury or serious property damage related to any aspect of the project. Minor incidents and near -misses must be promptly communicated to the Project Contact. • Professional shall investigate all incidents resulting in personal injury or illness, property damage, or near -misses to determine the root causes and shall take appropriate action to eliminate such causes. A copy of the final investigation report shall be promptly submitted to the Project Contact. (3) Coordination with Other Officials — Professional is fully responsible for coordinating with the proper authorities for moving heavy equipment, location of underground utilities, erecting barricades, traffic control and other safety measures, unless otherwise specified. (4) Communications with Media Restricted - In the event of an accident or other condition on site, Professional shall not communicate with the media or any other entity without the expressed consent of the CITY. (h) SUSPENSION OF WORK AND LIMITATION OF LIABILITY. CITY RESERVES THE RIGHT THROUGH THE CITY'S DESIGNATED REPRESENTATIVE TO SUSPEND ALL OR ANY PORTION OF THE WORK BEING PERFORMED IN VIOLATION OF THESE PROVISIONS. CITY SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) WARRANTY OR UNDER ANY OTHER LEGAL THEORY) FOR JUDGMENTS, DAMAGES, COSTS OR EXPENSES RELATED TO ANY SUSPENSION OR STOPPAGE OF WORK, LOSS OF BUSINESS, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH ANY Master Services Agreement - Engineering Page 10 Version 9.5.2008 Item # I Attachment number 1 Page 11 of 19 FAILURE ON THE PROFESSIONAL'S PART TO ESTABLISH, ENFORCE OR ADEQUATELY MONITOR ITS HEALTH AND SAFETY PROGRAM. (i) Preliminary Submittals. Within ten (10) days after the effective date of the Contract and no later than the preconstruction conference, Professional shall submit to City's Designated Representative for review: (1) A letter designating onsite safety representative for general safety and specific activities; and (2) If applicable, a site safety plan to include plans for specific activities. 0) Other Requirements. Professional shall promptly settle rightful claims from counties, municipalities or private parties for road damage caused by trucks or heavy equipment driven to and from the job sites by third -party property by Professional, subcontractors or suppliers, or employees of any of them. If Professional fails to settle such claims promptly, CITY shall have the right to settle the claims and withhold the amount paid plus CITY's costs and expenses from Professional's payments under the Contract. (k) Environmental. Professional is solely responsible for all costs incurred by CITY for any spills or leaks caused by Professional or its subcontractors or consultants during performance of, or in connection with the Services. Without limiting the foregoing sentence, Professional shall be responsible for all costs incurred to contain, remediate and restore the site of the spill according to applicable state and federal laws and regulations, and if on CITY's property, according to CITY's requirements. CITY shall be responsible for all notifications required by federal, state or local law or regulation. The CITY shall identify to Professional the site supervisor (if applicable) and facility environmental manager (if applicable). Professional shall immediately notify the site supervisor, City's Designated Representative and the facility environmental manager with the nature and location of the spill. Professional shall provide a written report to CITY whose representative shall identify the substance, quantity released, location of the spill and perform clean up and remediation activities. If the spill occurs off the CITY's property, then the Professional shall also notify the CITY of any agencies notified and the representatives of the agencies contacted. The report shall be a narrative that summarizes on -scene activity and remediation efforts. If long-term remediation will be required, it shall be noted in the report. The initial report shall be provided to CITY within 24 hours after the incident. Follow-up reports shall be provided to CITY weekly until remediation efforts have been completed and the spill has been properly remediated. PROFESSIONAL SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY AND ALL LIABILITIES, INCLUDING, BUT NOT LIMITED TO, REMEDIATION COSTS, FINES, PENALTIES, COURT COSTS AND ATTORNEYS' FEES RESULTING FROM SPILLS, RELEASES, IMPROPER HANDLING AND/OR DISPOSAL OF WASTES BY PROFESSIONAL, ITS SUBCONTRACTORS AND/OR CONSULTANTS. (1) Confined Space Entry. Professional will perform confined space entries in strict accordance with OSHA 1910.146 Confined Space Standard. All Professional entries will be performed under the guidelines of the contractor's confined space program, which should include but not be limited to, all required personnel training, confined space monitoring and evaluation, entry tag system or any personnel protective equipment required by confined space conditions. All entries will be coordinated with the City's Designated Representative or System Operations Dispatcher to assure proper isolation and/or de -energizing of the confined space is performed. (m) Surplus Material. Unless otherwise directed through written instructions issued by CITY, Professional shall promptly remove all excess surplus material from the job site. Final payment for performance of the work shall not be due and payable until such materials are removed from the job site. Master Services Agreement - Engineering Page 11 Version 9.5.2008 Item # Attachment number 1 Page 12 of 19 If surplus materials are not removed from the job site within thirty (30) days of completion of the work, CITY may dispose of the materials and offset the cost associated with disposal against the unpaid balance of the Contract price. (n) Cleaning Jobsite. Professional shall clean the job site daily. (o) Facility Equipment Clearance and Lock Out Procedures. Facility Equipment Clearance and Lock Out Procedures shall be followed. Clearances shall be acquired by Professional and CITY personnel when required prior to performing work on any equipment. Professional shall be responsible for providing company locks. Professional's locks shall be clearly identified and shall have a tag for employee to print name. ARTICLE 22. ASSIGNMENT This Contract is to be considered a personal Services Contract. Professional may not assign this Contract without the consent of CITY. Any permitted assignee must notify the CITY in writing that it accepts the assignment on the same terms and conditions contained in this Contract. No permitted assignment shall limit Professional's responsibility for performance of this Contract. Attempted assignment or delegation of this Contract, including obligations under it, without the written consent of CITY shall be void, and not merely voidable. ARTICLE 23. OWNERSHIP OF DELIVERABLES (a) The Parties agree that such items as plans, drawings, photographs, designs, studies, specifications, data, computer programs, schedules, technical reports or other work products which are developed and specified to be delivered under this Contract and which are paid for by CITY are considered instruments of services in respect of the Contract, but are subject to the rights of the CITY under this Contract. These rights include, but are not limited to the right to use, duplicate and disclose such items, in whole or in part, for the purpose of completing, maintaining and operating any building, structure, plant, equipment or system that may result from the performance of this Contract. If an item produced by Professional is copyrightable, Professional may copyright it, subject however to the rights of the CITY under this Contract. CITY is hereby granted and assigned a royalty free, non-exclusive, and irrevocable license to reproduce, publish, modify and use such items and to authorize others to do so solely for CITY's business purposes. Professional shall include in its subcontractor and consultant contracts, appropriate provisions to achieve the purposes set out here. (b) Intellectual property and rights to intellectual property owned by any Party on the date of this Contract shall remain the property of that Party. (c) PROFESSIONAL DOES NOT REPRESENT OR WARRANT THAT ANY DELIVERABLES WILL BE SUITABLE FOR REUSE ON ANY OTHER PROJECT. PROFESSIONAL DISCLAIMS LIABILITY FOR ANY REUSE OF THE DELIVERABLES ON ANY OTHER PROJECT THAT IS DONE WITHOUT THE EXPLICIT, WRITTEN APPROVAL OF THE PROFESSIONAL. ARTICLE 24. TERMINATION FOR CONVENIENCE (a) CITY shall have the right to terminate this Contract for its convenience at any time. After receipt of the notice of termination, the Professional shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due at that point in the Contract: (1) Stop all ongoing Services; (2) Place no further subcontracts or orders for materials or Services; Master Services Agreement - Engineering Version 9.5.2008 Page 12 Item # Attachment number 1 Page 13 of 19 (3) Terminate all subcontracts; (4) Cancel all materials and equipment orders, as applicable; and (5) Take any action that is necessary to protect and preserve all property related to this Contract that is in the possession of the Professional. (b) In the event of a termination under paragraph (a) of this Article, CITY shall pay equitable termination charges, including payment for portions of Services completed and materials purchased, profit on completed portions, and out-of-pocket costs that have been reasonably incurred by Professional as a result of terminating this Contract. CITY shall not be liable in connection with any termination under this Article for special, incidental, consequential or punitive damages, or for loss of anticipated future Services, anticipated profits, administrative costs or overhead on anticipated Services, or other indirect costs. ARTICLE 25. TERMINATION FOR CAUSE (a) The occurrence of any one or more of the following events will constitute an event of default: (1) Professional's persistent failure to perform the Services in accordance with the Contract Documents (including, but not limited to, failure to supply sufficiently skilled workers, suitable materials or equipment, or to adhere to project schedules as adjusted from time to time pursuant by the Parties); (2) Professional's disregard of applicable laws or regulations; (3) Professional's disregard of the authority of CITY's Designated Representative; (4) Professional's violation in any material way of any provisions of the Contract Documents; (5) Failure of Professional to pay subcontractors and/or material suppliers; or (6) Professional's violation of CITY's Ethics Ordinance (City Code of Ordinances Chapter 2.26) or any ethics policies that are applicable to City employees). (b) if one or more of the events identified in paragraph (a) occur, CITY may terminate this Contract if after giving Professional (and the surety, if any) seven (7) calendar days prior written notice, unless such event of default shall have been cured. (c) if this Contract has been so terminated by CITY, the termination will not affect any rights or remedies of CITY against Professional or any surety then existing or which may thereafter accrue. No retention or payment of moneys due Professional by CITY will release Professional from liability. (d) In such a circumstance, CITY shall notify Professional in writing of the termination, with copies of the notice to CITY's jobsite personnel. ARTICLE 26. SUSPENSION (a) CITY may, at any time and at its sole option, suspend all or any portions of the Services to be performed under this Contract by providing ten (10) calendar days written notice to the Professional. Upon receipt of any such notice, Professional shall: (1) Immediately discontinue the Services on the date and to the extent specified in the notice; (2) Place no further orders or subcontracts for materials, Services or facilities with respect to the suspended portion of the Services, other than to the extent necessary to protect any portion of the Services already performed; (3) Promptly make every reasonable effort to obtain suspension, upon terms satisfactory to CITY, of all orders, subcontracts and rental agreements to the extent that they relate to performance of the portion of Services suspended by the notice; Master Services Agreement - Engineering Version 9.5.2008 Page 1 Item # I Attachment number 1 Page 14 of 19 (4) Continue to protect and maintain the portion of the Services already completed, including the portion of the Services suspended hereunder, unless otherwise specifically stated in the notice; and (5) Continue to perform Professional's obligations for the portions of the Services not suspended. (b) As full compensation for such suspension, Professional will be reimbursed for the following costs, reasonably incurred, without duplication of any item, to the extent that such costs actually result from such suspension of Services. (1) A reasonable standby charge to be negotiated between CITY and the Professional sufficient to compensate Professional for keeping (to the extent required in the notice) its organization and equipment committed to the Services in a standby status; (2) All reasonable costs associated with demobilization of Professional's facility, forces and equipment; and (3) A reasonable amount to be negotiated between CITY and the Professional to reimburse the Professional for the cost of maintaining and protecting that portion of the Services upon which activities have been suspended. (c) Upon receipt of notice to restart the suspended portion of the Services, Professional shall immediately resume performance on the suspended portion of the Services to the extent required in the notice. Within fourteen (14) calendar days after receipt of notice to restart the suspended portion of the Services, the Professional shall submit a revised schedule for approval by CITY. If, as a result of any suspension, the cost to Professional of subsequently performing the Services or the time required to do so is changed, a claim for an adjustment in the Contract price may be made. Any claim on the part of Professional for change in price or extension of time shall be made in accordance with this Contract. ARTICLE 27. DISPUTE RESOLUTION The Parties agree that in the event of a dispute concerning the performance or non-performance of any obligations flowing from or as a result of this Contract and prior to the initiation of any litigation, the Parties will voluntarily submit the dispute to an agreed mediation center or mediator for mediation as though it were referred through the operation of the Texas Alternative Dispute Resolution Procedures Act, Title 7, Chapter 154, TEX. CIV. PRAC. & REM. ANN., (Vernon's 1986). No record, evidence, statement or declaration resulting from or in connection with such alternate dispute resolution procedure may be used in evidence in subsequent litigation except to demonstrate that this Article has been complied with in good faith by a Party. Professional shall proceed diligently with performance of the Contract, pending final resolution of any request for relief, claim, appeal, or action arising under the Contract. ARTICLE 28. NOTICES All notices or other communications required under this Contract must be made in writing and sent either by personal delivery, registered or certified mail (in each case with return receipt requested and postage prepaid), nationally recognized overnight courier (with all fees prepaid), facsimile, or e-mail the other Party. Changes to name or address for notice are not effective unless they are in writing and provided to the other party in the same manner as other notices under this Contract. Notice is effective only sent using one of the methods specified above and if actually received. Master Services Agreement - Engineering Page 14 Version 9.5.2008 Item # Attachment number 1 Page 15 of 19 CM: City of Georgetown Attn: Thomas R. Benz, P.E., Systems Engineering Manager P.O. Box 409 Georgetown, TX 78626 Fax No.: 512-930-3559 E-Mail:tbenz@georgetowntx.org with a copy to: Marsha Iwers P.O. Box 409 Georgetown, TX 78626 Fax No. 512-930-9027 E-Mail: mei*georgetowntx.org ARTICLE 29. TITLES AND SECTION HEADINGS PROFESSIONAL: Espey Consultants, Inc. Attn: Keith Moody, P.E. 3809 South 2nd Street, Suite B300 Austin, Texas 78704 Fax No.:512-326-5723 E-Mail: kmoody@espeyconsultants.com The titles and section headings of this Contract are included for convenience only and shall not be deemed to constitute a part of this Contract. ARTICLE 30. INTERPRETATION AND RELIANCE While this Contract form was initiated by CITY, Professional had the opportunity to take exception to and seek clarification of it. Thus, this Contract is the product of negotiations between the Parties. No presumption will apply in favor of any Party in the interpretation of this Contract or in resolution of any ambiguity of any provision. ARTICLE 31. FAILURE TO ACT No action or failure to act by either Party shall be a waiver of a right or duty afforded under the Contract, nor shall such action or failure to act constitute a breach of this Contract, except as specifically agreed to in writing. ARTICLE 32. CONTRACT NON-EXCLUSIVE The Contract is not exclusive. Professional has the right to perform Services for others during the term of the Contract, and CITY has the right to hire others to perform the same or similar tasks. ARTICLE 33. THIRD PARTY BENEFICIARIES There are no third party beneficiaries to this Contract and the provisions of this Contract shall not create any legal or equitable right, remedy or claim enforceable by any person, firm or organization other than the Parties and their permitted successors and permitted assigns. ARTICLE 34. MITIGATION OF DAMAGES In all cases the Party establishing or alleging a breach of contract or a right to be indemnified in accordance with this Contract shall be under a duty to take all necessary measures to mitigate the loss which has occurred, provided that it can do so without unreasonable inconvenience or cost. Master Services Agreement - Engineering Page 15 Version 9.5.2008 Item # Attachment number 1 Page 16 of 19 ARTICLE 35. SEVERABILITY This Contract is severable and if any one or more parts of it are found to be invalid, such invalidity shall not affect the remainder of this Contract if it can be given effect without the invalid parts. ARTICLE 36. NON -COLLUSION; PROHIBITED FINANCIAL INTERESTS; PROHIBITED POLITICAL INFLUENCES Professional warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Professional, to solicit or secure this Contract, and that the/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduce from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Professional covenants and represents that Professional, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. Professional hereby represents and warrants to City, with the intention that City rely on this representation in entering this Contract, that no portion of any payment to Professional by City pursuant to this Contract shall be: (i) used as a bribe, kickback, rebate, or illegal political contribution of the purpose of obtaining political influence; or (ii) in violation of applicable regulations, tax laws or regulations or other laws of any jurisdiction. Professional hereby represents and warrants to City that Professional shall not perform any work or services for a third party that is potentially or actually related to, connected to, a part of, or integral to the work or services that it has performed is or is performing for the City under a Task Order. Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to the attention of the City, and Professional agrees that the City shall be the sole judge as to whether a conflict or potential conflict of interest with work for private parties or Developer work exists. If in the judgment of the City such a conflict or potential conflict between City work and Developer work exists, then Professional agrees to terminate all work under the affected Task Order(s) immediately and that it shall not be eligible for payment for such services. ARTICLE 37. INTEGRATION & CONTRACT MODIFICATION This Contract, including its exhibits and Task Orders issued pursuant to it, contains the entire and integrated agreement between Professional and CITY as to their subject matter and supersedes all prior negotiations, correspondence, understandings, representations and agreements, written or oral, related to it. In case of conflict between the terms and conditions of this Contract and those of any standard sales forms presented by Professional or such forms appearing in or referenced by Professional's bid or proposal, the terms and conditions of this Contract shall prevail. The terms and conditions of this Contract can be modified only by a writing signed by an authorized representative of both Professional and CITY. ARTICLE 38. APPROVAL Task Orders that exceed $15,000 (either initially or through a change order) must be approved by the City Council before they become effective. Change orders to Task Orders or contracts must be approved by Master Services Agreement - Engineering Page 16 Version 9.5.2008 Item # Attachment number 1 Page 17 of 19 the City Council if they exceed $15,000, either separately or in the aggregate. Change orders and Task Orders must be executed by an authorized representative of each Party. The City may unilaterally adjust the dollar amounts in this Article based on changes in state law or in Council approved purchasing and contracting policies; notice of any such adjustments shall be provided to Professional. ARTICLE 39. SECURITY AT CITY JOB SITE Professional shall provide a list of names of its and its subcontractor's employees to the CITY project manager prior to commencing work at any CITY facility. The employee will only be allowed on any CITY job site, if the employee is able to show photo identification and their name is on the list. Any addition or deletion must be provided to the CITY project manager. THE CITY OF GEORGETOWN, TEXAS: By: Name: George G. Garver Title: Mayor Date: ATTEST: Sandra D. Lee, City Secretary APPROVED AS TO FORM: Patricia E. Carls, City Attorney Attachment A — Task Order Master Services Agreement - Engineering Version 9.5.2008 PROFESSIONAL: Espey Consultants By:_ Name: Keith Moody, P.E. Title: Vice President Date: /U/3 /0'7 Page 17 Item # I Attachment number 1 Page 18 of 19 Project Name Task Order No. Date: City's Designated Representative City of Georgetown P.O. Box 409 Georgetown, Texas 78627 General Description of Services or Project: City Provided Information or Work: The City shall provide the following services or perform the following work (describe): Any documents or information related to the Work/Services provided by the City to the Professional, including, without limitation, engineering studies, maps, reports, filed data, notes, plans, diagrams, sketches, or maps (the "Information") is and shall remain the property of the City, and Professional shall have no ownership or other interest in same. The Professional shall deliver to the City, if requested, a written itemized receipt for the Information, and shall be responsible for its safe keeping and shall return it to the City, upon request, in as good condition as when received, normal wear and tear excepted. Scope of Work: (describe in detail using additional or separate sheets if necessary): Master Services Agreement — Engineering Firm Name, Task Order # Version 1.31.2008 Page i Item # I Attachment number 1 Page 19 of 19 Statement Regarding Non -Collusion; Prohibited Financial Interests; Prohibited Political Influences: (Per Article 36 in the Master Service Agreement): Professional hereby represents and warrants to City that Professional shall not perform any work or services for a third party that is potentially or actually related to, connected to, a part of, or integral to the work or services that it has performed is or is performing for the City under this Task Order. Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to the attention of the City, and Professional agrees that the City shall be the sole judge as to whether a conflict or potential conflict of interest with work for private parties or Developer work exists. If in the judgment of the City such a conflict or potential conflict between City work and Developer work exists, then Professional agrees to terminate all work under the affected Task Order(s) immediately and that it shall not be eligible for payment for such services. Compensation: (Pick one) Li Time and Materials with Amount Not to Exceed: - Services to be provided at rates shown on Exhibit B in an amount not to exceed $ DOLLARS and CENTS. I I Lump Sum: Services to be provided at rates shown on Exhibit B in an amount not to exceed $ DOLLARS and ZERO CENTS. CITY OF GEORGETOWN PROFESSIONAL Firm Name By: By: Name: Name: Title: Title: Address: Address: Phone: Phone: Fax: Fax: E-Mail: E-Mail: Date: Date: Master Services Agreement — Engineering Firm Name, Task Order Version 1.31.2008 Page 2 Item # City of Georgetown, Texas November 25, 2008 SUBJECT: Consideration and possible action to approve a Contract Agreement with Fox-Smolen & Associates, Austin, Texas, for consulting services, in amount not to exceed $46,000.00 -- Thomas R. Benz, P. E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations IYYMIu& lY1 ulu/_T" Attached for your review and consideration is a Contract Services Agreement with Fox-Smolen & Associates. This Contract Agreement is for the purpose of conducting a physical audit of all existing GUS power poles for telecommunications company attachments, negotiating cost -sharing agreements with the known companies that have attachments to GUS poles, and further, negotiating a new "Standard" pole attachment agreement with all of them. The Contract Agreement attached, contains the basic terms governing the relationship between the City and the Consultant. GUS BOARD RECOMMENDATION: This item was below the dollar value requiring GUS Board approval. STAFF RECOMMENDATION: Fox-Smolen is an experienced firm with performing this scope of work, and they are locally located in Austin. Verizon and SuddenLink have participated in such audits before, and will likely accept the results provided from this audit as a basis for future annual pole rental charges from the city. Staff recommends entering into a Contract Agreement with Fox-Smolen & Associates. FINANCIAL IMPACT: Funds for this expenditure are budgeted in the Electric Department CIR Available Budget Fund Actual 610-9-0580-90-011 $46,000.00 Overhead Conductors SUBMITTED BY: Jana Kern ATTACHMENTS: FSA Contract Budget Balance $2,764,000.00 $2,659,303.00 Cover Memo Item # J Attachment number 1 Page 1 of 11 Contract for Fox, Smolen & Associates, Inc. For the City of Georgetown, Texas This contract is made and entered into this day of between the City of Georgetown, hereinafter called the "City," and Associates, Inc., a Texas corporation having its principal place of West Avenue, Suite 207, Austin, Texas 78701, hereinafter called (sometimes collectively referred to hereinafter as "the parties"). _, 2008 by and Fox, Smolen & business at 707 the "Consultant" WHEREAS, this contract is for professional services by the Consultant related to utility pole attachments, as more particularly set forth in Exhibit 'A", and hereinafter called the "Project"; and WHEREAS, the parties now wish to enter into an agreement for the provision of services to the City by the Consultant. NOW THEREFORE, pursuant to the terms and conditions and for the mutual consideration set forth herein, the parties agree as follows: I. SCOPE OF WORK The City hereby agrees to retain the Consultant to perform professional services in connection with the Project, and the Consultant agrees to perform such services in accordance with the terms and conditions of this contract. The parties agree that the Consultant shall perform such services as are set forth and described in Exhibit "A" which is attached hereto and thereby made a part of this contract. The parties understand and agree that deviations or modifications in the form of written change orders may be authorized from time to time by the City in accordance with all applicable laws and City policies. 11. AUTHORIZATION OF SERVICES No professional services of any nature shall be undertaken by the Consultant pursuant to this contract until the Consultant has received written authorization to proceed from the City. City Staff authorized to execute written authorization to proceed are as follows: Tom Benz, Systems Engineering Director III. PERIOD OF SERVICE This contract shall be effective upon execution by the City and the Consultant, and shall remain in force until the Project is completed, or until this contract is terminated under the provisions hereinafter provided in Section XII. Ver. 11.19.2008 1 of 11 Item # J Attachment number 1 Page 2 of 11 IV. COORDINATION WITH THE CITY The City has designated Jim Willfong, Planning/Inspection Coordinator as the Project Coordinator through whom the Consultant shall coordinate all work efforts and meetings pertaining to the Project for the City. The Consultant shall attend meetings at the City of Georgetown as determined by the Project Coordinator, in accordance with the Scope of Services (Exhibit 'A' which is attached and thereby made a part of this contract. City will provide a map to the Consultant of the pole locations. V. CONSULTANT PERSONNEL The Consultant shall assign the following personnel to direct and perform the work effort, exclusive of technical and clerical support. No changes to personnel assignments shall be made without the prior notification and approval of the City. Paul N. Smolen -- Project Principal Marilyn J. Fox Rowland Curry Telecom America Services personnel VI. COMPENSATION AND METHOD OF PAYMENT The parties agree that the Consultant shall be compensated for all services provided pursuant to this contract in the amount and manner described and set forth in the Compensation Schedule attached hereto as Exhibit 'B," and which is thereby made a part of this contract. The Consultant further agrees that he will prepare invoices that correlate to the Compensation Schedule as described in said Exhibit "B". VII. STANDARD OF CARE; CONFIDENTIALITY; RIGHT TO INSPECT The Consultant will exercise due diligence and care and perform and complete work related to the Project in a good and workmanlike manner. Approval of the City should not constitute or be deemed a release of the responsibility and liability of Consultant, its employees, agents, or associates, for the exercise of skill and diligence to promote the accuracy and competency of their designs, information, plans specifications or any other document, nor shall approval be deemed to be the assumption of such responsibility by the City with respect to any defect or error in the documents prepared or work done by Consultant, its employees, agents, or associates. The Consultant shall not, either during or after the term of this contract, disclose to any third party, any confidential information relative to the work or the business of the City without the written consent of the City. The Project Coordinator shall at all times have access to the work for the purpose of inspecting the work and determining that the work is being performed in accordance with the terms of this contract. The Consultant, its employees, subcontractors, and agents shall comply with all applicable federal and state laws, the charter and ordinances of the City of Georgetown, Texas, and all applicable rules and regulations promulgated by all local, state, and national boards, bureaus, and agencies. The Consultant shall further obtain and Ver. 11.19.2008 2of11 Item # J Attachment number 1 Page 3 of 11 maintain all permits and licenses required, if any, for the performance of any services required hereunder Vlll. INDEPENDENT CONTRACTOR RELATIONSHIP In performance of the services hereunder, the Consultant shall be an independent contractor with the sole authority to control and direct the performance of the details of the work. The Consultant is self-employed, shall not purport to be an employee or an agent of the City, and shall not have any right or power to bind the City to any obligation not otherwise specifically authorized in writing by that entity. The Consultant shall provide its own premises for performance of its duties hereunder, but shall have free access to the premises of the City during reasonable working hours and any information, records and other material relevant to its work hereunder. IX. INDEMNIFICATION AND INSURANCE THE CONSULTANT AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY, AND ITS OFFICERS, AGENTS AND EMPLOYEES OF AND FROM DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, WHICH DIRECTLY ARISE OUT OF THE CONSULTANT'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS CONTRACT, OR BY ANY OTHER NEGLIGENT ACT, ERROR OR OMISSION OF THE CONSULTANT, ITS AGENTS, SERVANTS, EMPLOYEES, SUBCONTRACTORS, OR ANY OTHER PERSONS OR ENTITIES FOR WHOSE ACTS THE CONSULTANT IS LEGALLY LIABLE. The Consultant agrees to obtain and keep in force, at its sole cost and expense, throughout the term of this contract, in a form and with a company satisfactory to the City, the following policies of insurance: (a) Commercial General Liability Insurance with combined single limits of not less than $500,000; including blanket contractual liability coverage for liability and indemnifications assumed under the Contract and all contracts relative to the Project, (b) Contractual Liability Insurance underwriting the indemnification, hold harmless and insurance provisions of this contract with combined single limits of not less than $500,000; and (c) Statutory Worker's Compensation (if applicable) Certificates of Insurance verifying each of the above conditions, and providing for thirty (30) days' written notice of any cancellation or reduction in coverage, shall be submitted to the City within thirty (30) days of the execution of this contract if requested by the City. In the event that the limits of liability imposed upon municipalities are increased by the Texas Legislature, the parties agree that the Consultant shall increase the coverage Ver. 11.19.2008 3of11 Item # J Attachment number 1 Page 4 of 11 and limits of liability required by this contract to conform to the new liability limits created by the Texas Legislature. X. PROGRESS MEETINGS The Consultant agrees to attend Bi-weekly progress meetings via telephone scheduled by the Project Coordinator, and at such meetings will endeavor to outline work accomplished and identify any special problems or issues known to the Consultant which are encountered in connection with the Project. xi. OWNERSHIP OF DOCUMENTS All documents, including reports and maps, prepared or furnished by the Consultant (and the Consultant's independent professional associates and consultants, if applicable) pursuant to this contract are instruments of service with respect to the Project. The City shall retain ownership and property interest therein, whether or not the Project is completed, upon full and complete payment by the City to the Consultant for the cost of report/document reproduction (i.e., printing) and other similar direct expenses. X11. TERMINATION Either party to this contract may terminate the contract by giving to the other parties thirty (30) days notice in writing. Upon delivery of such notice by the City to the Consultant, the Consultant shall immediately discontinue all services in connection with the performance of this contract and shall proceed to promptly cancel all existing orders and contracts insofar as such orders or contracts are chargeable to this contract. As soon as practical after receipt of notice of termination, the Consultant shall submit a final invoice, showing in detail the services performed under this contract up to the date of termination. The City shall then pay the Consultant within thirty (30) days any unpaid invoice(s) that relate to services actually performed under this contract. Originals of all completed or partially completed reports/documents prepared under the contract shall be promptly delivered to the City upon termination. XIII. DELAY Consultant in undertaking to complete the work within the time herein fixed in Exhibit "A", has taken into consideration and made allowance for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or weather or otherwise. No charge shall be made by Consultant for hindrance or delays from any cause whatever during the progress of any portion of the work contemplated by the specifications, but the City may grant an extension of time for the completion of the work, provided it has satisfied that such delays or hindrances were due to extraordinary causes, delays caused by the pole attachers or to the acts of omission or commission by the City. Ver. 11.19.2008 4of11 Item # J Attachment number 1 Page 5 of 11 It is agreed that the granting of such extensions of time shall in no instance exceed the time actually lost by Consultant for reason of such causes, provided that the Consultant shall give the City immediate notice in writing of the cause of the detention or delay. XIV. BREACH OF CONTRACT The City shall have the right to declare Consultant in breach of this contract for cause when it determines that this contract is not being performed according to its understanding of the intent and meaning of this contract. Such breach shall not in any way invalidate, abrogate or terminate Consultant's obligations under this contract. XV. ASSIGNMENT AND WAIVER Consultant shall not assign or transfer any rights or interests in this contract without the written consent of the City. Unless specifically stated to the contrary, in any written consent to an assignment, no agreement will release or discharge the assignor from any duty or responsibility under this contract. No waiver by any party hereto of any term or condition of this contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. XVI. BINDS, HEIRS, SUCCESSORS AND ASSIGNS The City and Consultant, their partners, successors, executors, administrators, are hereby bound to the terms and conditions of this contract. XVII. ENTIRE AGREEMENT This contract contains the entire agreement between the parties covering the subject matter. No modifications or amendments shall be valid unless in writing and signed by all parties. XVI11. SEVERABILITY 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 other provision hereof, and this contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. XIX. PERFORMANCE This entire contract is performable in Georgetown, Texas or the offices of the Consultants in Austin, Texas, and the venue for any action related, directly or indirectly, to this contract or in any manner connected therewith shall be Williamson County, Texas, and this contract shall be construed under the laws of the State of Texas. Ver. 11.19.2008- 5of11 Item # J Attachment number 1 Page 6 of 11 XX. SUCCESSORS AND ASSIGNMENTS The City and the Consultant each binds itself and its successors, executors, administrators and assigns to any other party of this contract, and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this contract. Except as above, neither the City nor the Consultant shall assign, sublet or transfer its interest in this contract without the written consent of the other parties. Nothing herein shall be construed as creating any personal liability on the part of any officer, agent or employee of the City or of the Consultant. XXI. NOTICE The responsible parties for any notice or contact between the City and the Consultant shall be the City Manager (or his/her designee) of the City of Georgetown, and Paul Smolen for Consultant. EXECUTED IN TWO counterparts (each of which is an original) on behalf of the Consultant by its Principal shown below, and on behalf of the City by its Mayor (both thereunto duly authorized) this day of , 2008. CITY OF GEORGETOWN, TEXAS FOX, SMOLEN & ASSOCIATES, INC. "City" "Consultant" By: Name Title: George G. Garver Mayor ATTEST: Sandra Lee, City Secretary APPROVED AS TO FORM: Patricia E. Carls, City Attorney Ver. 11.19.2008 By: Name: Title: ATTEST: (company notary to follow) 6of11 Item # J Attachment number 1 Page 7 of 11 STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this the day of 2008. Notary Public Ver. 11.19.2008 Printed Name: Commission Expires: 7of11 Item # J Attachment number 1 Page 8 of 11 EXHIBIT "A" SCOPE OF SERVICES NOTE: Consultant shall proceed only after receiving a written Notice to Proceed from the City for each Task. 1.0 TASK ONE -INVENTORY AGREEMENTS Not to exceed $3,000 Consultant shall work with the City to obtain written commitments, on terms acceptable to the City, from SuddenLink Communications, Verizon Communications and Williamson County to share in the cost of a pole audit to obtain mutually agreeable information on all pole attachments. Specifically, Consultant shall: • Review the current agreements • Draft letter for City to send to each entity requesting a meeting • Prepare materials for meeting o Options for inventory o Letter of agreement to fund inventory (e.g. price per pole of an amount subject to approval by the City) • Participate in meeting(s) Completion Date: On or before January 31, 2009, assuming cooperation from attachers. 2.0 TASK TWO — NEGOTIATE NEW AGREEMENTS Not to exceed $12,000 Consultant shall assist the City with the negotiations of new agreements with each of the entities that have attachments on City utility poles, using the information obtained from the inventory and application of best practices in managing utility assets, included but not limited to rates and permitting procedures. Specifically, Consultant shall: • Meet with utility and attorney to discuss parameters for attachment agreements • Draft attachment agreement • Present and discuss new agreement with each entity • Revise document as necessary Completion Date: On or before March 31, 2009, assuming cooperation from attachers. 3.0 TASK THREE — POLE AUDITS Not to Exceed $30,000.00 Consultant shall perform an audit of the existing City owned utility poles. Consultant will create and provide to the City, an inventory listing using Microsoft Excel software. The City will provide to Consultant a map depicting the locations of all known City -owned Ver. 11.19.2008 8 of 11 Item # J Attachment number 1 Page 9 of 11 utility poles, of which there are estimated to be about 9,000. The database shall include: • The GUS-assigned pole number for each pole inventoried • The name of each communications entity attached to each pole • The number of attachments for each entity attached to each pole • The type of each attachment, ie; Coaxial cable, Fiber Optic Cable, Copper wire, etc. (abbreviations to be agreed upon prior to start of audit) • The date of the inspection/audit of the specific pole (Mo/DayNear) • The initials of the individual inventorying the specific pole Completion Date: On or before January 15, 2009. 4.0 REIMBURSABLES Not to Exceed $1,000.00 Reimbursable expenses are defined as additional expenses incurred, such as mileage, copies, printing, postage. Reimbursable expenses shall be billed at a rate of 1.0 times the actual incurred expense and must be approved by the City prior to submittal. Statement Regarding Non -Collusion; Prohibited Financial Interests; Prohibited Political Influences: Professional hereby represents and warrants to City that Professional shall not perform any work or services for a third party that is potentially or actually related to, connected to, a part of, or integral to the work or services that it has performed is or is performing for the City under this Scope of Work. Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to the attention of the City, and Professional agrees that the City shall be the sole judge as to whether a conflict or potential conflict of interest with work for private parties or Developer work exists. If in the judgment of the City such a conflict or potential conflict between City work and Developer work exists, then Professional agrees to terminate all work under the affected Task(s) immediately and that it shall not be eligible for payment for such services. Ver. 11.19.2008- 9 of11 Item # J Attachment number 1 Page 10 of 11 EXHIBIT "B" COMPENSATION SCHEDULE The City will compensate the Consultant on the basis of hours performed at the hourly rates identified below, but in no event shall the total contract price exceed the amount of Forty -Six Thousand Dollars ($46,000.00). The City is a tax-exempt entity. All charges shall be free of tax. Consultant will not incur charges without prior authorization from the City for each Task. HOURLY RATE SCHEDULE PRINCIPAL HOURLY RATE Marilyn J. Fox $175.00 — _J Paul Smolen $175.00 Rowland Cur $125.00 FSA Administrative Staff $45.00 TASK SCHEDULE TASK NOT TO EXCEED Task One L$3,000 Task Two J$12,000 _ Task Three 1 $30,000.00 Reimbursables J $1,000.00 NOT TO EXCEED: Forty -Six Thousand Dollars ($46,000.00). Consultant shall provide the City with an itemized invoice showing the tasks performed and the percent completion on each Task at the end of each thirty (30) day period following receipt of the letter of authorization to proceed. Invoices submitted by Consultant shall also include itemized reimbursable expenses with original documentation or receipts for such expenses. All payments to be made by the City hereunder are subject to Ch. 2251 of the Texas Government Code, popularly known as the Prompt Payment Act. Payment in full for invoices shall be due within thirty (30) days from date the invoice is received by City. Invoices for payment under this Contract shall be sent to- Ver. 11.19.2008 10 of 11 Item # J Attachment number 1 Page 11 of 11 City of Georgetown Attn: Accounts Payable P.O. Box 409 Georgetown, Texas 78626 City's purchase order numbers shall be included prominently on each invoice. Payments may be based on completion of the Services, fulfillment of milestones, progress payments or any other method that is established in this Agreement. Ver. 11.19.2008 11 of 11 Item # J City of Georgetown, Texas November 25, 2008 SUBJECT: Consideration and possible action on a Preliminary Plat for 1.249 acres in the Foy Survey, extending Sun City Boulevard R.O.W. from Salt Creek Lane to Ronald Reagan Boulevard -- Jordan Maddox, Planner III and Elizabeth Cook, Director of Planning and Development Prelimary Plat for Right -of -Way extension from existing Sun City Boulevard to future intersection of Ronald Reagan Boulevard. FINANCIAL IMPACT: No impact at this time. SUBMITTED BY: Jordan Maddox, Planner III and Elizabeth Cook, Director of Planning and Development ATTACHMENTS: Staff Report Preliminary Plat Cover Memo Item # K Attachment number 1 Page 1 of 1 City Council Meeting: November 25, 2008 Item No. Agenda Item Cover Sheet Subject: Consideration and Possible Action on a Preliminary Plat for 1.249 acres in the Foy Survey, extending Sun City Boulevard Right -of -Way from Salt Creek Lane to Ronald Reagan Boulevard. Item Summary: Owner: Shannon Barksdale, Del Webb Agent: Simon Gonzalez, Aecom Location: Northern boundary of Sun City Utilities: City of Georgetown water, wastewater and electric Zoning: AG, Agriculture Future Land Use Plan: Moderate Density Residential Status/History: This preliminary plat will complete the R.O.W. dedication from the furthermost point of the existing Sun City Boulevard (Neighborhood 40 at Salt Creek Lane) to its ultimate intersection with Ronald Reagan Boulevard. The subdivision is necessary for dedication of the roadway, utility connection and public access to the north. The extension of Reagan to this intersection is still in the future; it is not yet determined when the completed intersection will take place. Special Considerations: None at this time. Financial Impact: No direct impact from this plat. Comments: No public comments have been received at this time. Planning and Zoning Commission: At their November 4, 2008 meeting, the Commission recommended approval of the preliminary plat on consent. Recommended Motion: Approve the Preliminary Plat for 1.249 acres in the Foy Survey, extending Sun City Boulevard Right -of -Way from Salt Creek Lane to Ronald Reagan Boulevard. Attachments: Preliminary Plat (3 pages) Sun City Blvd Extension to Reagan Preliminary Plat Item # K Attachment number 2 Page 1 of 3 I Zo2m �i mD .>iN>_a - s�a�no n a� msamn _7ti _ _ pm FiO���:. m �I.I �> y a- Znp ppti\ 2 A;� m p �o of ii i0To- cZl> n0 --- - Ymn n >J nQ 00� �Zm-�j0`n G f.aCa mJcl Iml O ID a.m °°nOtmtn�i ZNOZ n > �O. >2" z0 ;m Doa mOp i In m 10 Yin ONi m fYa] _ > °.O O - 7 > r Ca'' -•UFO > �n1 ,�0 a '�On' Zn� Cj > JCZ Nix bsz O Y> z >" z ^oy i �+mm�3cO imn %gym a ,q, D ZO o_ncn mo p ^w� = Z own i mbi mRl^o ° a'll iy ^u ayF na. o NOma >-c a ny oon r0 J OOn = nil Om vzm°nz D2S '�02 _ 2 N n mm 2 Zim < r4= OUAn n OU,n _ yO- a - 2 o°in m yl 2 x D. 40A Oj �n0 pew %OZiDO� mO0 S00o2 m Z2i n ZSm n n O Op p HOC n nwi� _C °--�Z'g SM. A00 a 4 > n Op. snAr D O p° O oE�a Zrg on< a nQo z a�x z egm'n"val rgm FZz ° x - p9n Zpa, n p ° AZm L O o z '^ p ? 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Wright Surveys, to be known as Colonial Communities, located near in the intersection of Shell Road and Williams Drive -- Carla Benton, Planner II and Elizabeth Cook, Director of Planning and Development ITEM SUMMARY: See attached report. Planning and Zoning Commission Motion: On November 4, 2008, the Planning and Zoning Commission by vote of 5-0 on the Consent Agenda, recommended approval ofa Preliminary Plat for 33.76 acres in the J. Fish and D. Wright Surveys, to be known as Colonial Communities. Recommended Motion: Approval ofa Preliminary Plat for 33.76 acres in the J. Fish and D. Wright Surveys, to be known as Colonial Communities. FINANCIAL IMPACT: There is no proposed financial impact. SUBMITTED BY: Carla Benton ATTACHMENTS: Colonial Communities Preliminary Plat Location Map; Att A Plat; Att B Past Actions; Att C Cover Memo Item # L Attachment number 1 Page 1 of 2 City Council Meeting: November 25, 2008 Item No. Item Cover Sheet Subject: Consideration and possible action on a Preliminary Plat for 33.76 acres in the J. Fish and D. Wright Surveys, to be known as Colonial Communities, located near in the intersection of Shell Road and Williams Drive. Item Summary: Owner: Campbell-Georgetown#1 Ltd. Partnership Agent: Paul Linehan, Land Strategies, Inc. Location: Shell Road at Verde Vista Drive, See Exhibit A Utilities: City of Georgetown water, wastewater and electric Zoning: MF, Multi -family, OF, Office and C-1, Local Commercial 2030 Plan: Community Commercial and Moderate Density Residential Status: The applicant proposes to divide the 33.76 acres into four (4) lots, with 28.45 acres divided between two (2) lots on either side of Verde Vista as multifamily development. The commercial portion of the tract is 2.48 acres and consists of one (1) lot fronting on Shell Road. The remaining 1.46-acre tract is proposed for office use and consists of one (1) lot also located along Shell Road. All lots will have access to either Shell Road and/or the expansion of Verde Vista Drive. The ultimate connectivity of Verde Vista Drive will provide a highly desirable connection into the Serenada Subdivision for both community connectivity and emergency services access. The extension of Verde Vista Drive is identified in the Overall Transportation Plan as a proposed collector. (See Attachment D). The adjacent subdivision, Serenada West, Section Two, built in 1978 and located in the extra -territorial jurisdiction of the City of Georgetown, provided an access easement for future connectivity to facilitate the roadway. The applicant has agreed to construct the off -site connection of Verde Vista Drive for approximately 200 feet as requested by the City Fire Inspector to provide for life safety access needs and improved traffic flow for this area. The proposed development is a heavily treed site with numerous Heritage Trees located on the proposed lots. The developer is working with the City Urban Forester for the maximum preservation of the trees with particular focus on the Heritage Trees. The 1997 rezoning placed a limitation on the multifamily portion of the original tract, limiting it to a retirement living center. The rezoning currently in process has placed the same limitation on the additional land under consideration for multifamily zoning. History: On August 5, 1997, the Planning and Zoning Commission recommended approval of a rezoning of this property and on September 9, 1997, the City Council approved an ordinance rezoning 205.2 acres known as the Campbell -Georgetown No.1 from A, Agricultural to C-1, Local Colonial Communities Preliminary Plat Page 1 of 2 Item # L Attachment number 1 Page 2 of 2 Commercial, RM-2 Dense Multifamily, RM-2 Dense Multifamily Restricted (Tract 4), RM-3, Office and Service District and RS, Residential Single -Family Districts. The tract currently in the process of rezoning includes Tract 4 of the original rezoning. The conversion of the zoning districts with the Unified Development Code changed the RM-2, Dense Multifamily District to MF, Multifamily District and RM-3, Office and Service District to OF, Office District. A restriction placed on Tract 4, the original multifamily portion of this tract, limited that district to a retirement living center. At the time of the 1997 rezoning, the realignment of Shell Road had not been determined; therefore, the final placement of Shell Road created a single tract with multiple zoning districts identified in the original rezoning as all or portions of Tracts 2, 3A, 3B, 4 and 7A. On June 24, 2008 the City Council approved on First Reading a rezoning of this tract to realign the districts in accordance with the proposed development. The Second Reading is proposed to coincide with the Preliminary Plat approval. Special Considerations: There are no special considerations are proposed. Financial Impact: There is no financial impact anticipated at this time. Comments: There are no public comments as of the writing of this report. Planning and Zoning Commission Motion: On November 4, 2008, the Planning and Zoning Commission by vote of 5-0 on the Consent Agenda, recommended approval of a Preliminary Plat for 33.76 acres in the J. Fish and D. Wright Surveys, to be known as Colonial Communities. Recommended Motion: Approval of a Preliminary Plat for 33.76 acres in the J. Fish and D. Wright Surveys, to be known as Colonial Communities. Attachments: Attachment A - Location Map; Attachment B - Plat; Attachment C - Minutes of previous actions; Attachment D - Thoroughfare Plan Map Colonial Communities Preliminary Plat Page 2 of 2 Item # L Attachment A Attachment number 2 Page 1 of 1 Logend S. PP-20OS-016 Cl S' R E 7— T S Attachment number 3 Page 1 of 3 Attachment B pC£ 41 U ciUXm 4�aS"�S ��sr+ °�z�cK.a o Q Fr Zem-^ Fv�y� W W= Z. Uu-ry_� cCu H_� .. 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RRS:'R3E r 4 $a..A.�eeBSa 'tkL.:zza„ xa al.._ -a$.a.a.. i A „:Si:RRR:§ € ^RRA $aaa AR �a § 'a' Fx RiRxa`R!: __3 ..Ffi .axxFR ..a§9 ,..Rk:REiA)R§3_b4r_._ "________ ._-._ _ __ aRR§- a^ _"= ...... �§'�§Aa.a?.�aa<iaa..an4::AAR§R?t§§§f�'NAFRXStARAA..,..........§§?A,R $§§aA RAF RRR P Y Y $ 3$ 3a a 5Y 5 445ea3ool�eaeo?'1•••••""Y.,4 ia3?ia YY4 • 4445.44YSY44 --Y:',as,a54aaa�a$aaaAaaa2.a'.aaa3a.,, a.a eaa��a=aae-`-a5ead'aa'.=a3aaaa$aAaaaaa.oaa3waaoaa=u��� _.x§tt 43 54 a?a',aa3ca e.3aaaaa.'•.aa.o,a�.aaaa.eo.deo.-,o.aaaa:.aaa'.a-o t'3----- _.ai F_r.- ...: v �..� .,. .. ..«. a a Y,iYYYiYYYii-'454YY£ a. 3Yaaa i=aaaa - iaaaaaaagaaa.aHasar=a33aaaa3aaaHaaaaawwaawaaaaaa$a$ lar$a 44 45$ r........up- ----------- r..0 "d5= EA� iLgLg++- YB?' @r i E g�Aa \' Item # L Attachment number 4 Page 1 of 3 Attachment C Planning and Zoning Commission and City Council Minutes 1. Agenda Item: Consideration and possible action on a request for a Rezoning of 205.2 acres in the Fish and Wright Surveys, to be known as a portion of Campbell -Georgetown No. 1, from A, Agricultural to C-1, Local Commercial, RM-2 Dense Multifamily, RM-2 Dense Multifamily Restricted (Tract 4) and RS, Residential Single family districts. Planning and Zoning Commission Action (August 5, 1997): Consideration and possible action on a request for a Rezoning of 205.2 acres in the Fish and Wright Surveys, to be known as a portion of Campbell -Georgetown No. 1, from A, Agricultural, to C-1, Local Commercial, RM-2, Dense Multifamily, RM-2, Dense Multifamily Restricted, and RS, Residential Single Family, or any more restrictive district, located at Shell Road and Williams Drive. Cal Wilkerson made a motion to approve the requested rezoning of the property to be known as a portion of the Campbell Georgetown Subdivision, from the A, Agricultural zoning district to the following zoning districts: • Tract 2, to C-1, Local Commercial; • Tract 3A, to RM-3, Office and Service; • Tract 3B, to C-1, Local Commercial; • Tract 4, to RM-2, Dense Multifamily Restricted to retirement living center; • Tract 5, to C-1, Local Commercial; • Tract 6, to RM-2, Dense Multifamily; and • Tracts 7A, 7B, and 7C, to RS, Residential Single Family, with Tracts 7B and 7C limited to the density shown on the Concept Plan. Motion was passed by a vote of 5-0. City Council Action (August 26, 1997): First Reading of an ordinance to Rezone 205.2 acres in the Fish and Wright Surveys, to be known as a portion of Campbell -Georgetown No. 1 from A, Agricultural to C-1, Local Commercial, RM-2, Dense Multifamily, RM-2, Dense Multifamily Restricted, and RS, Residential Single Family, or any more restrictive districts, located at Shell Road and Williams Drive. Barry read the caption of the ordinance. Hoyt asked for and received clarification on the buffering standards. Approved 6-0. (Shelly Davis absent) Item # L Attachment number 4 Page 2 of 3 City Council Action (September 9, 1997): Second Reading of an ordinance to Rezone 205.2 acres in the Fish and Wright Surveys, to be known as a portion of Campbell -Georgetown No. 1 from A, Agricultural to C-1, Local Commercial, RM-2, Dense Multifamily, RM-2, Dense Multifamily Restricted, and RS, Residential Single Family, or any more restrictive districts, located at Shell Road and Williams Drive. Kingma read the caption of the ordinance. Approved 6-0. (Burson was absent) 2. Agenda Item (June 3, 2008) - Public Hearing and possible action on a Rezoning for 2.131 acres (Tract 1) from OF, Office to C-1, Local Commercial and for 7.558 acres from OF, Office to MF, Multifamily (Tract 2) out of 33.76 acres in the J. Fish and D. Wright Surveys, located near in the intersection of Shell Road and Williams Drive. Planning and Zoning Commission Action (June 3, 2008) - Staff report given by Carla Benton. Greater notification was made to inform the public even though the property next to those who are adjacent will not be affected. Gibbs invited the applicant to speak. Paul Linehan stated he is meeting with the City for the preliminary plans and are working with some of the residents regarding the fencing with buffer. Drainage and water quality will be addressed and will not increase the water flow. Heritage trees will be worked around and a tree survey will be done. Gibbs opened the Public Hearing. Bill Sells, Heritage Oaks. He is opposed to anything backing up to Shell Road. He hopes the applicant sticks with the plan presented. John Richards, 809 Moquia Trail, He does not trust developers and feels this developer is wishy washy. He asked the Commissioner if we are here to help the neighbors or are we here to help the developer. Jerry does not agree with the rezoning. He feels the proposed should be age restricted, it would be a good idea and feels that this is what should happen. Mr. Gibbs closed the Hearing. Approved (6-0) City Council Action (June 24, 2008): Public Hearing and First Reading of a Rezoning for 2.131 acres (Tract 1) from OF, Office to C-1, Local Commercial and for 7.558 acres from OF, Office to MF, Multifamily (Tract 2) out of 33.76 acres in the J. Fish and D. Wright Surveys, located near in the intersection of Shell Road and Williams Drive. Benton explained the item and directed Council to an exhibited drawing in the packet. She said the staff believes this rezoning is consistent with the 2030 Plan. She said the Planning and Zoning Commission supported this rezoning but required that the multi -family be limited to age restricted. Benton read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Item # L Attachment number 4 Page 3 of 3 The Public Hearing was opened at 6:33 p.m. Speaker, Mitch Wright with Land Strategies, representing the landowners, noted this is zoning cleanup and offered to answer questions from the Council. Sattler said he wanted to confirm, for the record, that the squaring off of C-1 doesn't come into contact with Heritage Oaks Subdivision. Brainard asked how many multi -family units would be built. Wright answered between 12 to 14 units are being proposed in the concept plan. The Public Hearing was closed at 6:35 p.m. Motion by Berryman, second by Sansing to approve the rezoning with the age restrictions. Approved 7-0. 3. Consent Agenda Item: Consideration and possible action on a Preliminary Plat for 33.76 acres in the J. Fish and D. Wright Surveys, to be known as Colonial Communities, located near in the intersection of Shell Road and Williams Drive. Planning and Zoning Commission Action: (November 4, 2008) (Draft): Motion by Padfield to approve the Consent Agenda including the October 7, 2007 minutes. Second by Easely. Approved. (5-0) Item # L City of Georgetown, Texas November 25, 2008 SUBJECT: Consideration and possible action regarding the Annexation Development Agreement authorized by Section 212.172 of the Texas Local Government Code with Cody and Dee Dee Hawes relating to that certain tract of land having the 2008 Williamson County Short ID Number R079865 and located in 2008 Annexation Area NW5 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development ITEM SUMMARY: The City has initiatedunilateral annexationsof the identified 2008 Annexation areas. 2008 Annexation Area NW5 was identified as a priority for annexation in order to protect existing neighborhoods and property values by having land use controls and building code protection. Property owners Cody and Dee Dee Hawes in this annexation area have a letter from a previous City Manager agreeing not to annexa the property. This agreement is a Section 212 of the TLGC development agreement which memorializes that letter. Staff will continue with the annexation of areas NW5 for just the sliver of City owned property remainng in the area. STAFF RECOMMENDATION: Approve the Development Agreement with Cody and Dee Dee Hawes and authorize appropriate signatures and recording. FINANCIAL IMPACT: SUBMITTED BY: Edward G. Polasek, AICP ATTACHMENTS: Agreement with Exhibit Cover Memo Item # M Attachment number 1 Page 1 of 10 STATE OF TEXAS § COUNTY OF WILLIAMSON § CITY OF GEORGETOWN, TEXAS § ANNEXATION DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to Section 212.172 of the Texas Local Government Code by and between the City of Georgetown, Texas (the "City') and Cody and DeeDee Hawes, 422 Northwood, Georgetown, Texas 78628, individuals, including without limitation their successors, assigns, agents and affiliated entities (collectively the "Owners"). WHEREAS, the Owner owns a parcel of real property (the "Property") in Williamson County, Texas, which is more particularly and separately described in the attached Exhibit "A"; and WHEREAS, the Property is currently located in the extraterritorial jurisdiction of the City, and was previously considered for annexation in 1996, during which proceedings the then -City Manager issued a letter dated April 12, 1996 stating the "the land on which you live will not be annexed until such time it is sold or prepared for development" and WHEREAS, the City has begun the process to institute annexation proceedings on all or portions of the Property and has held public hearings on September 9, 2008 and September 23, 2008; and WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Section 212.172 of the Texas Local Government Code, in order to address the desires of the Owner and the procedures of the City; and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term (defined below) of this Agreement; and WHEREAS, this Development Agreement is to be recorded in the Real Property Records of Williamson County, Texas at the expense of the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Annexation Development Agreement - Hawes Page 1 of 9 Item # M Attachment number 1 Page 2 of 10 Section 1. Continuance of Extraterritorial jurisdiction Status; No Special Districts. 1.1 The City guarantees the continuation of the extraterritorial status of the Owner's Property, its immunity from annexation by the City, and its immunity from City property taxes, for the Term of this Agreement, subject to the provisions of this Agreement. 1.2 Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code. 1.3 From and after the Effective Date of this Agreement, no special districts or municipalities of any kind, including without limitation any type of water district, road district, municipal utility district, library district, or any other type of district shall be created on the Property, with or without the prior consent of the City Council. Owners shall not apply for, support, sponsor, or seek third party sponsorship for any such district or municipality without the prior written consent of the City Council; provided, however, that this provision is not intended to prohibit the creation of a homeowners' association, with limited powers and duties typical of a homeowners' association, or any form of property owners' association that does not impede or impair in any way the City's ability to annex the Property. Section 2. Continuance of Use for Single Family Residence; Prohibition Against Other Uses 2.1 The Owner covenants and agrees not to use the Property for any uses other than for the existing single-family residential use and the existing commercial truck parking and portable office use, without the prior written consent of the City. Prior to full purpose annexation of the Property by the City, the Owner agrees that no other uses of the Property are authorized. 2.2 Owners agree that the occurrence of any one of the following events shall be deemed to be the consent to annexation, and shall be deemed to constitute receipt of a valid petition for voluntary annexation of the Property into the corporate limits of the City: 2.2.1 Any change in use of all or a portion of the Property from the existing single family residence or the existing commercial truck parking and portable office use; or 2.2.2 Any application received by the City (or another utility provider authorized to serve all or a portion of the Property) for water, wastewater, or electric service for all or a portion of the Property; or Annexation Development Agreement - Hawes Page 2 of 9 Item # M Attachment number 1 Page 3 of 10 2.2.3 Any application for a site plan, preliminary plat, or any other development -related application for all or a portion of the Property; or 2.2.4 Any sale, gift, transfer or other conveyance of an ownership interest in all or a portion of the Property. 2.3 The Owner covenants and agrees not to construct, or allow to be constructed, any buildings on the Property that would require a building permit if the Property were in the city limits, until the Property has been annexed into, and zoned by, the City. The Owner also covenants and agrees that the City's AG —Agriculture zoning district requirements apply to the Property, and that the Property shall be used only for AG — Agriculture zoning uses that exist on that Property at the time of the execution of this Agreement, unless otherwise provided in this Agreement. However, the Owner may construct an accessory structure to an existing single family dwelling in compliance with all applicable City ordinances and codes. 2.4 The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, AND THE OWNER WHO SIGNS THIS AGREEMENT COVENANTS AND AGREES, JOINTLY AND SEVERALLY, TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL CLAIMS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY FROM THE CITY'S RELIANCE ON THIS AGREEMENT. Section 3. Effect of Sale of the Property and of Certain Filings or Actions. 3.1 The Owner acknowledges that the sale of the Property shall constitute a petition for voluntary annexation, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. 3.2 The Owner acknowledges that if any event described in Section 2, above, occurs, then in addition to the City's other remedies, such act(s) will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. 3.3 If annexation proceedings begin pursuant to this Section, the Owner acknowledges that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Chapter 245 of the Texas Local Government Code that Annexation Development Agreement - Hawes Page 3 of 9 Item # M Attachment number 1 Page 4 of 10 would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. 3.4 This Agreement is not intended to bind, and the parties hereto agree in fact and law that the Agreement does not bind, the legislative discretion of the City Council to approve or disapprove any proposed annexation ordinance for the Property. Section 4. Enforcement of City Regulations 4.1 Owner agrees that before annexation, all of the City's laws, ordinance, manuals, and policies as they regard land development in the extraterritorial jurisdiction of the City that do not materially interfere with the use of the Property for single family residential purposes, and as the same may be amended from time to time, shall apply to the Property. After annexation, all City ordinances, regulations, and requirements applicable in the corporate limits of the City shall apply to the Property, including City taxation. 4.2 The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over the Property or a portion thereof. Section 5. Term, Annexation On or After the End of the Term 5.1 The term of this Agreement (the "Term") is fifteen (15) years from the date that the City Manager's signature to this Agreement is acknowledged by a public notary, unless sooner terminated as provided for in Section 3, above. 5.2 The Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property. In connection with annexation pursuant to this section, the Owners hereby waive any vested rights they may have under 245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or construction any of the owners may initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 6. Zoning 6.1 Property annexed pursuant to this Agreement will initially be zoned AG - Agriculture pursuant to the City's Unified Development Code. 6.2 Owner may file an application for another zoning classification, and any such application shall be reviewed and considered in accordance with the then -current laws, regulations, ordinances, Comprehensive Plan, and other policies of the City. Annexation Development Agreement - Hawes Page 4 of 9 Item # M Attachment number 1 Page 5 of 10 Section 7. Notice. 7.1 Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the Cih,. 7.2 Owner and the Owner's heirs, successor, and assigns shall give the City written notice within fourteen (14) days of any change in ownership or use of the Property. 7.3 A copy of any notice required by this Agreement shall be in writing and sent to the City via certified mail, return receipt requested, to the following address: City of Georgetown Attn: City Manager P.O. Box 409 Georgetown, Texas 78627 Section 8. This Agreement shall run with the Property and be recorded in the real property records of Williamson County, Texas. Section 9. If any word, phrase, clause, sentence, paragraph, section or other part of this Agreement is affected in whole or in part as a result of the underlying statutory authorities for this Agreement, or final decree for which appeals have expired or been exhausted, or if the Texas Legislature amends state Iaw in a manner having the effect of limiting or curtailing any right or obligation of the parties under this Agreement, then the parties agree that the purpose of this Agreement is thereby frustrated and the Owners authorize the immediate commencement of annexation proceedings prior to the effective date of any changes in state law. Further, Owners agree not to protest any annexation of any portion of the Property, and further agrees not to sponsor or support legislation that would hinder the City's ability to annex the Property or any portion of the Property in accordance with the provisions hereof. Section 10. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 11. This Agreement constitutes the legal, valid, and binding obligation of Owners, and Owners' heirs, successors, and assigns, and shall run with the Property and be enforceable against Owners and their heirs successors and assigns. Section 12. Venue for this Agreement shall be in Williamson County, Texas. Annexation Development Agreement - Hawes Page 5 of 9 Item # M Attachment number 1 Page 6 of 10 Section 13. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 14. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Sections 3, 4, and 5 herein. Entered into this of day of 2008. OWNE i Printed me: CODY HAWES Printed Name: DEE DEE HAWES THE CITY OF GEORGETOWN, TEXAS By: Printed Name: Paul Brandenburg Title: City Manager (NOTARIES FOLLOW ON SEPARATE PAGES) Annexation Development Agreement - Hawes Page 6 of 9 Item # M Attachment number 1 Page 7 of 10 THE STATE OF TEXAS § COUNTY OF WILLIAMSON g This instrument yeas ackno ]edged before me on the 2008, by Owner. day of ------------ M. CHRISTNrE FIETCHER l r C �c /C t ( r KITARY MW PAN OF M4 COMMISSION ENi1RE{: � NotaryPublic State of Texas COUNTY OF } t : This instrument iwas acknowled ed before me on the day of 1 i l / (, 2008, by / t i /_ I c f _ I - , , Owner. 4 M. CHRISTM NOTARYXSTATEO ►USf1EAA1 COMMISSION EXPIRES: Nil\ EMBER 3, 2010 THE STATE OF TEXAS } COUNTY OF WILLIAMSON } Notary Public, State of Texas This instrument was acknowledged before me on the day of 2008, by Paul Brandenburg, City Manager, City of Georgetown, Texas. Notary Public, State of Texas Annexation Development Agreement - Hawes Page 7 of 9 Item # M Attachment number 1 Page 8 of 10 AFTER RECORDING RETURN TO: Karen Frost, Administrative Supervisor Community Development City of Georgetown, Texas P.O. Box 1458 Georgetown, Texas 78627 Annexation Development Agreement - Hawes Page 8 of 9 Item # M Attachment number 1 Page 9 of 10 EXHIBIT A PROPERTY DESCRIPTION Annexation Development Agreement - Hawes Page 9 of 9 Item # M d i i� Ny �... wee, �•�' ••�. Frp0 I� q� U SIN O pK 00 O� ti 6 N, O'Q pQ- �y OP vp 00 <4, Page 10 of 10 LAKEWAY DR SNPOi NOLVOW OR peGan.grsnc_h O� ?may �P Legend G Hawes Tract Site Crax 1D Number Noted) 0 200 ,00 R079865 FST IMA AGEETOWN '� Current City Limits ����� �"'�••_ Stream/River � Water Body Feet rA1t metlu September 17, 2008 Property Lire l�j Te as State Plane/CentralZom/NAD$3/US Feet E XAAS Carlograpluc Data For GmLwal Planning Pwposes Ohdy City of Georgetown, Texas November 25, 2008 SUBJECT: Consideration and possible action regarding the Annexation Development Agreement authorized by Section 43.035 of the Texas Local Government Code with Barbara and Roy T. Gunn relating to that certain tract of land having the 2008 Williamson County Short ID Number R079841 and located in 2008 Annexation Area NW2 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development ITEM SUMMARY: ITEM SUMMARY: The City has initiatedunilateral annexationsof the identified 2008 Annexation areas. 2008 Annexation Area NW2 was identified as a priority for annexation in order to protect existing neighborhoods and property values by having land use controls and building code protection. The tract owned by Barbara and Roy T. Gunn in this annexation area has an agricultural exemption. Section 43.035 of the TLGC provides that before the City annexes properties that receive an agricultural exemption on their ad valorem taxes, the City shall offer to make a "development agreement" with the property owner in lieu of annexation. Barbara and Roy Gunn have agreed to the attached annexation agreement. STAFF RECOMMENDATION: Approve the Chapter 43 Development Agreement with Barbara and Roy T. Gunn and authorize appropriate signatures and recording. I IIQ .1=6 .1V19V l7Wo SUBMITTED BY: Edward G. Polasek, AICP ATTACHMENTS: Agreement with Exhibit Cover Memo Item # N Attachment number 1 Page 1 of 8 STATE OF TEXAS § COUNTY OF WILLIAMSON § CITY OF GEORGETOWN, TEXAS § CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and between the City of Georgetown, Texas (the "City") and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property. WHEREAS, the Owner owns a parcel of real property (the "Property") in Williamson County, Texas, which is more particularly and separately described in the attached Exhibit "A" and WHEREAS, the Property is currently located in the extraterritorial jurisdiction of the City, and has been appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter; and WHEREAS, the City has begun the process to institute annexation proceedings on all or portions of the Property and has held public hearings on September 9, 2008 and September 23, 2008; and WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code, in order to address the desires of the Owner and the procedures of the City; and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term (defined below) of this Agreement; and WHEREAS, this Development Agreement is to be recorded in the Real Property Records of Williamson County, Texas at the expense of the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Annexation Development Agreement Page 1 of 8 Item # N Attachment number 1 Page 2 of 8 Section 1. Continuance of Extraterritorial jurisdiction Status. 1.1 The City guarantees the continuation of the extraterritorial status of the OWmer's Property, its immunity from annexation by the City, and its immunity from City property taxes, for the Term of this Agreement, subject to the provisions of this Agreement. 1.2 Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code. Section 2. Continuance of Agriculture, Wildlife Management, or Timberland Use; Prohibition Against Other Uses 2.1 The Owner covenants and agrees not to use the Property for any use other than for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code, except for any existing single-family residential use of the Property, without the prior written consent of the City. 2.2 The Owner covenants and agrees that the Owner will not file any type of application for a subdivision plat or other development -related approval for the Property with Williamson County, or the City until the Property has been annexed into, and zoned by, the City. 2.3 The Owner covenants and agrees not to construct, or allow to be constructed, any buildings on the Property that would require a building permit if the Property were in the city limits, until the Property has been annexed into, and zoned by, the City. The Owner also covenants and agrees that the City's AG —Agriculture zoning district requirements apply to the Property, and that the Property shall be used only for AG — Agriculture zoning uses that exist on that Property at the time of the execution of this Agreement, unless otherwise provided in this Agreement. However, the Owner may construct an accessory structure to an existing single family dwelling in compliance with all applicable City ordinances and codes. 2.4 The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, AND THE OWNER WHO SIGNS THIS AGREEMENT COVENANTS AND AGREES, JOINTLY AND SEVERALLY, TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL CLAIMS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY FROM THE CITY'S RELIANCE ON THIS AGREEMENT. Annexation Development Agreement Page 2 of 8 Item # N Attachment number 1 Page 3 of 8 Section 3. Effect of Certain Filings or Actions. 3.1 The Owner acknowledges that if any application for a plat or other development - related approval is filed in violation of this Agreement, or if the Owner commences development of the Property in violation of this Agreement, then in addition to the City's other remedies, such act(s) will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. 3.2 If annexation proceedings begin pursuant to this Section, the Owner acknowledges that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. Section 4. Enforcement of City Regulations 4.1 Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all of the City's regulations and planning authority that do not materially interfere with the use of the Property for agriculture, wildlife management, or timber, in the same manner such regulations are enforced within the City's boundaries. 4.2 The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 5. Term; Annexation On or After the End of the Term 5.1 The term of this Agreement (the "Term") is fifteen (15) years from the date that the City Manager's signature to this Agreement is acknowledged by a public notary, unless sooner terminated as provided for in Section 3, above, or if the Property no longer has an exemption from ad valorem taxes for agricultural, wildlife management, or timber land. If this Agreement is terminated because the Property no longer has an exemption from ad valorem taxes for agricultural, wildlife management, or timber land, then the effective date of such termination shall be the effective date of such change in exemption status for ad valorem tax purposes. 5.2 The Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property. In connection with annexation pursuant to this section, the Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Annexation Development Agreement Page 3 of 8 Item # N Attachment number 1 Page 4 of 8 Local Government Code that would otherwise exist by virtue of any plat or construction any of the owners may initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 6. Zoning 6.1 Property annexed pursuant to this Agreement will initially be zoned AG - Agriculture pursuant to the City's unified Development Code. 6.2 Owner may file an application for another zoning classification, and any such application shall be reviewed and considered in accordance with the then -current laws, regulations, ordinances, Comprehensive Plan, and other policies of the City. Section 7. Notice. 7.1 Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. 7.2 Owner and the Owner's heirs, successor, and assigns shall give the City written notice within fourteen (14) days of any change in the agricultural, wildlife management or timber land tax exemption status of the Property. 7.3 A copy of any notice required by this Agreement shall be in writing and sent to the City via certified mail, return receipt requested, to the following address: City of Georgetown Attn: City Manager P.O. Box 409 Georgetown, Texas 78627 Section 8. This Agreement shall run with the Property and be recorded in the real property records of Williamson County, Texas. Section 9. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, including the covenants regarding involuntary annexation, then the remainder of this Agreement shall remain in full force and effect. Section 10. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 11. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 12. Venue for this Agreement shall be in Williamson County, Texas. Section 13. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Annexation Development Agreement Page 4 of 8 Item # N Attachment number 1 Page 5 of 8 Section 14. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Sections 3, 4, and 5 herein. t 1• r Entered into this day of 2008. OWNER(S): / Printed Name: Printed ame: i Printed Name: Printed Name: THE CITY OF GEORGETOWN, TEXAS By: Printed Name: Paul Brandenburg Title: City Manager (NOTARIES FOLLOW ON SEPARATE PAGES) Annexation Development Agreement Page 5 of 8 Item # N Attachment number 1 Page 6 of 8 THE STATE OF TEXAS COUNTY OF WILLIAMSON 014/This instrume macknowk,dged before me on the - f� ` day of (16A� 2008, by tl! 4C'('I 1. 1( it ,Owner. oot1,:'.:P�e'•., CATHY KRENEK 1 C, *: * Notary Public, State of Texas = a ."' My Commission Expires MARCH 17, 2012 f tary P l c, St to of Texas THE = COUNTY OF This instrument was acknowledged before me on the day of tAl' / 2008, by -- . % Owner. 13 ANDRUS ' Notary Public• state of Texas '`•p•? • = My Commission Expires -/ ' BER 4, 2009 SEPTEM r otary Public, State of Texas THE STATE OF TEXAS } COUNTY OF } This instrument was acknowledged before me on the day of 2008, by Owner. Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF } This instrument was acknowledged before me on the day of . 2008, by , Owner. Notary Public, State of Texas Annexation Development Agreement Page b of 8 Item # N Attachment number 1 Page 7 of 8 THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument ti,as acknoxvIedged before me on the day, of 2008, by Paul Brandenburg, City Manager, Cin, of Georgetown, Texas. Notary Public, State of Texas AFTER RECORDING RETURN TO: Karen Frost, Administrative Assistant Community and Development Services City of Georgetown, Texas P.O. Box 409 Georgetown, Texas 78627 Annexation Development Agreement Page 7 of 8 Item # N Page 0 IP I oft . , Ift" I%., -ft, fte.. ftV ., R079841 Deed Ref.: 1999004209 V'solt k,!O Legend Gunn Property Q Site (Tax ID Number Noted) FST. 1� R079841 C.,,,.tcjyLirwt, Stream/River Al M; - --"') Water Body tlem, - T., W, Fe" AGEORG4QT�OWN September 17, 2008 Property Line F—s State I'lamiCentral iomtNAD 031US Feel I TEXAS CAOOK1.1phw Data For G—,.I M..m.g Purposes Only City of Georgetown, Texas November 25, 2008 SUBJECT: Consideration and possible action regarding the Annexation Development Agreement authorized by Section 43.035 of the Texas Local Government Code with Paluxy Square Partners relating to that certain tract of land having the 2008 Williamson County Short ID Number R315431 and located in 2008 Annexation Area NW2 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development ITEM SUMMARY: ITEM SUMMARY: The City has initiatedunilateral annexationsof the identified 2008 Annexation areas. 2008 Annexation Area NW2 was identified as a priority for annexation in order to protect existing neighborhoods and property values by having land use controls and building code protection. The tract owned by Paluxy Square Partners in this annexation area has an agricultural exemption. Section 43.035 of the TLGC provides that before the City annexes properties that receive an agricultural exemption on their ad valorem taxes, the City shall offer to make a "development agreement" with the property owner in lieu of annexation. The Partners have agreed to the attached annexation agreement. STAFF RECOMMENDATION: Approve the Chapter 43 Development Agreement with Paluxy Square Partners and authorize appropriate signatures and recording. I IIQ .1=6 .1V19V l7Wo SUBMITTED BY: Edward G. Polasek, AICP ATTACHMENTS: Agreement with Exhibit Cover Memo Item # 0 Attachment number 1 Page 1 of 8 STATE OF TEXAS § COUNTY OF WILLIAMSON § CITY OF GEORGETOWN, TEXAS § CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and between the City of Georgetown, Texas (the "City") and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property. WHEREAS, the Owner owns a parcel of real property (the "Property") in Williamson County, Texas, which is more particularly and separately described in the attached Exhibit "A" and WHEREAS, the Property is currently located in the extraterritorial jurisdiction of the City, and has been appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter; and WHEREAS, the City has begun the process to institute annexation proceedings on all or portions of the Property and has held public hearings on September 9, 2008 and September 23, 2008; and WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code, in order to address the desires of the Owner and the procedures of the City; and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term (defined below) of this Agreement; and WHEREAS, this Development Agreement is to be recorded in the Real Property Records of Williamson County, Texas at the expense of the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Annexation Development Agreement Page] of 8 Item # 0 Attachment number 1 Page 2 of 8 Section 1. Continuance of Extraterritorial jurisdiction Status. 1.1 The City guarantees the continuation of the extraterritorial status of the Owner's Property, its immunity from annexation by the City, and its immunity from City property taxes, for the Term of this Agreement, subject to the provisions of this Agreement. 1.2 Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code. Section 2. Continuance of Agriculture, Wildlife Management, or Timberland Use; Prohibition Against Other Uses 2.1 The Owner covenants and agrees not to use the Property for any use other than for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code, except for any existing single-family residential use of the Property, without the prior written consent of the City. 2.2 The Owner covenants and agrees that the Owner will not file any type of application for a subdivision plat or other development -related approval for the Property with Williamson County or the City until the Property has been annexed into, and zoned by, the City. 2.3 The Owner covenants and agrees not to construct, or allow to be constructed, any buildings on the Property that would require a building permit if the Property were in the city limits, until the Property has been annexed into, and zoned by, the City. The Owner also covenants and agrees that the City's AG —Agriculture zoning district requirements apply to the Property, and that the Property shall be used only for AG — Agriculture zoning uses that exist on that Property at the time of the execution of this Agreement, unless otherwise provided in this Agreement. However, the Owner may construct an accessory structure to an existing single family dwelling in compliance with all applicable City ordinances and codes. 2.4 The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, AND THE OWNER WHO SIGNS THIS AGREEMENT COVENANTS AND AGREES, JOINTLY AND SEVERALLY, TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL CLAIMS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY FROM THE CITY'S RELIANCE ON THIS AGREEMENT. Annexation Development Agreement Page 2 of 8 Item # 0 Attachment number 1 Page 3 of 8 Section 3. Effect of Certain Filings or Actions. 3.1 The Owner acknowledges that if any application for a plat or other development - related approval is filed in violation of this Agreement, or if the Owner commences development of the Property in violation of this Agreement, then in addition to the City's other remedies, such act(s) will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. 3.2 If annexation proceedings begin pursuant to this Section, the Owner acknowledges that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. Section 4. Enforcement of City Regulations 4.1 Pursuant to Sections 43,035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all of the City's regulations and planning authority that do not materially interfere with the use of the Property for agriculture, wildlife management, or timber, in the same manner such regulations are enforced within the City's boundaries. 4.2 The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 5. Term; Annexation On or After the End of the Term 5.1 The term of this Agreement (the "Term") is fifteen (15) years from the date that the City Manager's signature to this Agreement is acknowledged by a public notary, unless sooner terminated as provided for in Section 3, above, or if the Property no longer has an exemption from ad valorem taxes for agricultural, wildlife management, or timber land. If this Agreement is terminated because the Property no longer has an exemption from ad valorem taxes for agricultural, wildlife management, or timber land, then the effective date of such termination shall be the effective date of such change in exemption status for ad valorem tax purposes. 5.2 The Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property. In connection with annexation pursuant to this section, the Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Annexation Development Agreement Page 3 of 8 Item # 0 Attachment number 1 Page 4 of 8 Local Government Code that would otherwise exist by virtue of any plat or construction any of the owners may initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 6. Zoning 6.1 Property annexed pursuant to this Agreement will initially be zoned AG — Agriculture pursuant to the City's Unified Development Code. 6.2 Owner may file an application for another zoning classification, and any such application shall be reviewed and considered in accordance with the then -current laws, regulations, ordinances, Comprehensive Plan, and other policies of the City. Section 7. Notice. 7.1 Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. 7.2 Owner and the Owner's heirs, successor, and assigns shall give the City written notice within fourteen (14) days of any change in the agricultural, wildlife management or timber land tax exemption status of the Property. 7.3 A copy of any notice required by this Agreement shall be in writing and sent to the City via certified mail, return receipt requested, to the following address: City of Georgetown Attn: City Manager P.O. Box 409 Georgetown, Texas 78627 Section 8. This Agreement shall run with the Property and be recorded in the real property records of Williamson County, Texas. Section 9. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, including the covenants regarding involuntary annexation, then the remainder of this Agreement shall remain in full force and effect. Section 10. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 11. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 12. Venue for this Agreement shall be in Williamson County, Texas. Section 13. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Annexation Development Agreement Page 4 of 8 Item # 0 Attachment number 1 Page 5 of 8 Section 14. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Sections 3, 4, and 5 herein. Entered into this -�- day of L, to 6( 2008. OWNER(Sl: sa`.:.x'� S��R�Z.€ ���L�t�►cfl5 ,,,,,,, � ^ TORI J. YARGES Notary PublicState of Texas �'.��., My Commission Expires ✓' April 20, 2009 Prin Name: Printed Name: Printed Name: Printed Name: THE CITY OF GEORGETOWN, TEXAS By: Printed Name: Paul Brandenburg Title: City Manager (NOTARIES FOLLOW ON SEPARATE PAGES) Annexation Development Agreement Page 5 of 8 Item # 0 Attachment number 1 Page 6 of 8 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the day of 2008, by , Owner. - Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF ) This instrument was acknowledged before me on the 2008, by , Owner. Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF } This instrument was acknowledged before me on the 2008, by , Owner. Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF } This instrument was acknowledged before me on the 2008, by , Owner. Notary Public, State of Texas day of day of day of Annexation Development Agreement Page 6 of 8 Item # 0 Attachment number 1 Page 7 of 8 THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of 2008, by Paul Brandenburg, City Manager, City of Georgetown, Texas. Notary Public, State of Texas AFTER RECORDING RETURN TO: Karen Frost, Administrative Assistant Community and Development Services City of Georgetown, Texas P.O. Box 409 Georgetown, Texas 78627 Annexation Development Agreement Page 7 of 8 Item # 0 E X H I B I Ttg,,&t number 1 e8 O,Q fftttlf�fff�Iff+/■~ff►ff�ff�yLl.aaf rrgf,gASO OVP R315431 Deed Ref .: 2006039487 4 e, 'e d` s ks:i•', l �:iif:1:..•>.••.':��' i�fftau�nraf.�u�urau�n` 410 'Qcc scyoo �o �°o Rs .O 0 O,A e, �''•.�°goo° *o� 10, 0 Paluxy Square Prtnr. Legend e Property = Site (Tax ID Number Noted) U wo Jt ONE1 /"'�...— Stream / River Fmt R315431 Current City Limits IG 4 �r������ Water Body t y' 'GEORGE'T"O""WN September 17, 2008 L� Property Lire Texas State PlaneiCentral Zonc NADI13/US Feet TEXAS Cartographic Data For General Planning Purposes Only City of Georgetown, Texas November 25, 2008 SUBJECT: Consideration and possible action to approve the award of the bid for vehicles to Philpott Ford and Mac Haik Ford in the amount of $301,377.00 -- Terry Jones, Support Services Construction Manager and Micki Rundell, Director of Finance & Administration Bids were received for the purchase of seven (7) new vehicles approved in the 2008/09 Vehicle Internal Service Fund. The staff recommendation is to purchase the vehicles from the two bidders responding, Philpott Ford of Port Neches and Mac Haik of Georgetown. The vehicles being replaced are on an eight to ten year schedule for replacement and most are in average or below average condition. The City solicited bids from the two local vendors, Mac Haik and Hewlett. Hewlett did not respond to our bid. In the past, they believed there is not enough profit in these vehicles and feel like we can receive a better deal buying through cooperative groups and bringing the vehicles to them for repairs and warranty work. Mac Haik Ford is being awarded one vehicle through the local preference law. Texas law allows a municipality to enter into a contract with a local vendor that is within 5 percent of the lowest bidder. FINANCIAL IMPACT: Total of this bid is $301,377.00. Funds were approved for this purchase in the 2008/09 Vehicle Internal Service Funds, 520-5-0351-52-700 and 520-5-0351-52-701. There is a total of $301,500.00 budgeted in the two internal service funds for these vehicles SUBMITTED BY: Micki Rundell ATTACHMENTS: Bid Tabulation Cover Memo Item # P Attachment number Page 1a, E o w \ \0 CL I Z CD I I I Z Z Z > « _ � 0 L) 3:w 00 c 0. E CO CO CO CO f k k k e Q� _ 2 Gl) L E Kkw L �� Ia CO 2 = CO CO 0 3: Q e 2 z 2 2 e m « © qZ0 M m oee LU oLL o / 2 R� f 2 2 2 LO �LU� 0-a I k k � q Q>■ -j e Z w IV I— LO 2 o n n 04 Cyl A CO \ E § 9 / 2 § E 7 2 §± $ = 2 = 2 7 / \ \ ) » s s o o \ E FE \ E f 3 q 2 A N CO 0 CO 2 °/ U\ \ E \ _ ® o 2 c $ \ « \ CO _ E • 7 / r $ \ I e y CO _ \ ) .. \ \ k �/o r sQ 0U// E \f n 9 = Ca9 E / U�§ ■ - w e \ ¥ a @ $ \ g - R /\ 0 b 0�0 \�/ // / \\ /) -i ± � _j - _ - R n k « 2 I ± G� Item # P City of Georgetown, Texas November 25, 2008 SUBJECT: Consideration and possible action to award the bid for the parking improvement projects to Smith Contracting Co., Inc. in the amount of $419,490.50 -- Terry Jones, Support Services Construction Manager, Micki Rundell, Director of Finance & Administration Bids were received for the five proposed parking improvement projects. Those projects include the completion of 16 spaces on the north side of 8th Street in front of the Library, a 42 space lot on Industrial Ave. across from the Municipal Complex, a 46 space lot at the Community Center, a 5 space repair of the west side parking lot at City Hall, and 33 spaces at the Bark Park/McMaster Park. Eight contractors bid and staff is recommending an award be made to the low bidder, Smith Contracting Co. of Austin. An alternate bid was evaluated for the use of fiber reinforced concrete in place of asphalt at three of the locations. The use of the fiber concrete would allow us to test the product for durability, aesthetics and cost. Although we desire to use the product at some point, the cost exceeds our budget for this project and we will therefore continue to use standard asphalt paving. FINANCIAL IMPACT: Total cost for the five parking improvement projects is $419,490.50. We currently have $415,425.00 remaining in account 120-9-0380-90-092 for this expenditure. SUBMITTED BY: Micki Rundell ATTACHMENTS: Letter of Recommendation & Bid Tabulation Cover Memo October 22, 2008 Mr. Tom Benz, Systems Engineering Manager Georgetown Utility Systems 300 Industrial Avenue Georgetown, Texas 78626 Re: City of Georgetown Parking Improvements Project Recommendation for Award of Contract Dear Tom: On Thursday, October 161h, the City received eight sealed bids for the proposed Parking Improvements Project. Base bid amounts ranged from $419,490.50 to $855,794.52 versus the engineer's estimate of $494,000. The low bidder was Smith Contracting Co., Inc. of Austin, Texas, and the bid documents were all found to be in order. The bidders were required to submit, along with their bids, a list of reference projects, along with the engineer and customer. I contacted three of the engineers who oversaw Smith Contracting on similar projects to this one, and they gave very favorable reports on their experiences with the contractor. I also spoke with Mack Smith, President, and he is looking forward to working on this project for the City. The bids included alternate bid prices to construct three of the five parking facilities with concrete in lieu of asphalt pavement. It is my opinion that concrete is a superior product, and I recommend awarding the contract with all Bid Alternates to replace the asphalt and flexible base with concrete to Smith Contracting, the low bidder. The concrete option is within the City's budgeted construction amount of $500,000. The two options for award are listed here: Asphalt Option (Base Bid): $419,490.50 Concrete Option (Alternate Bid): $478,218.50 We look forward to working with Smith Contracting and the City of Georgetown to construct this project. If you have any questions or concerns, please give me a call. Sincerely, €TV! CS OF �r 51�R atis�nnaacrac nraearn� vy<.o P r C. S e er, P.E.,:Cs� cc: Mr. Terry Jones Ilk,O�At� Mr. Michael Seery Ms. Marsha Iwers Attachments: Bid Tabulation as®DREss �u�ea€�c pan 1978 S. AUSTIN AVENUE I GEORGETOWN, TX 78626 512.930.9412 512.930.9416 STEGERBIZZELL.COM M F H B E 8 SERVICES AASHTO, AWWA, NSPE,TRWA, TSPS ENGINEERS z PLANNERS SURVEYORS Parking Improvements Project City of Georgetown Williamson County, Texas BID TABULATION Prepared by: Steger Bizzell Engineering, Inc. Page 1 of 6 Bid Opening: 10/16/2008 2:00 pm Project No. 21264-21268 Smith Contracting Voss and Sons Capital Concrete Contractors Job Site Construction Item No. Item Description 8th Street Parking Improvements r Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price M 1. Remove Gravel, Rocks, Landscaping 446 S.Y. $1.00 $446.00 $7.00 $3,122.00 $25.79 $11,502.34 $40.43 $18,031.78 2. Remove Asphalt 333 S.Y. $1.00 $333.00 $3.00 $999.00 $8.61 $2,867.13 $9.31 $3,100.23 3. Remove Trees 2 EA $100.00 $200.00 $400.00 $800.00 $267.50 $535.00 $342.96 $685.92 4. Remove Curb 213 L.F. $4.00 $852.00 $3.25 $692.25 $12.09 $2,575.17 $2.62 $558.06 5. Hydromulching and Watering 328 S.Y. $6.00 $1,968.00 $2.00 $656.00 $7.50 $2,460.00 $1.40 $459.20 6. Lime Stabilized Subgrade Preparation (12") 247 S.Y. $11.00 $2,717.00 $40.60 $10,028.20 $17.66 $4,362.02 $50.41 $12,451.27 7. Fiber -Reinforced Concrete Pavement (7) 247 S.Y. $32.00 $7,904.00 $55.00 $13,585.00 $39.68 $9,800.96 $43.20 $10,670.40 8. Fiber -Reinforced Concrete Driveway 1 EA $2,500.00 $2,500.00 $2,500.00 $2,500.00 $5,792.98 $5,792.98 $7,797.57 $7,797.57 9. Storm Sewer Grate Lump Sum $2,000.00 $2,000.00 $3,200.00 $3,200.00 $2,996.00 $2,996.00 $3,202.20 $3,202.20 10. Barricades, Signs and Traffic Control Lump Sum $500.00 $500.00 $1,500.00 $1,500.00 $1,070.00 $1,070.00 $1,799.28 $1,799.28 11. Concrete Curb 319 L.F. $25.00 $7,975.00 $14.00 $4,466.00 $8.20 $2,615.80 $17.05 $5,438.95 12. 6' Brick Paver Sidewalk 360 L.F. $15.00 $5,400.00 $35.25 $12,690.00 $50.22 $18,079.20 $60.62 $21,823.20 13. Handicap Ramp 2 EA $1,200.00 $2,400.00 $1,250.00 $2,500.00 $535.00 $1,070.00 $1,004.34 $2,008.68 14. Striping and Signage Lump Sum $1,200.00 $1,200.00 $900.00 $900.00 $749.00 $749.00 $756.00 $756.00 15. Silt Fence 100 L.F. $3.00 $300.00 $5.00 $500.00 $2.19 $219.00 $1.73 $173.00 Subtotall Municipal $36,695.001 $58,138.451 $66,694.60 $88,955.74 1. Remove Curb 336 L.F. $4.00 $1,344.00 $3.25 $1,092.00 $7.49 $2,516.64 $4.81 $1,616.16 2. Remove Asphalt/Base 412 S.Y. $1.00 $412.00 $3.00 $1,236.00 $6.53 $2,690.36 $1.77 $729.24 3. Remove Rubble 3.00 C.Y. $100.00 $300.00 $50.00 $150.00 $267.50 $802.50 $54.14 $162.42 4. Remove 6' Privacy Fence 175 L.F. $3.00 $525.00 $4.00 $700.00 $3.37 $589.75 $4.14 $724.50 5. Relocate Fire Hydrant Lump Sum $3,000.00 $3,000.00 $4,500.00 $4,500.00 $2,942.50 $2,942.50 $6,836.68 $6,836.68 6. Landscaping and Irrigation Lump Sum $13,500.00 $13,500.00 $15,000.00 $15,000.00 $21,463.13 $21,463.13 $17,847.32 $17,847.32 7. Lime Stabilized Subgrade Preparation (8") 1630 S.Y. $7.00 $11,410.00 $12.65 $20,619.50 $8.77 $14,295.10 $19.41 $31,638.30 8. Crushed Limestone Base (8") 1630 S.Y. $6.00 $9,780.00 $7.35 $11,980.50 $23.54 $38,370.20 $7.07 $11,524.10 9. Hot Mix Asphaltic Concrete Pavement (2.5") 1444 S.Y. $14.00 $20,216.00 $16.00 $23,104.00 $19.00 $27,436.00 $16.61 $23,984.84 10. Extended Detention Pond w/ Sump, Pump, Piping, Fence Lump Sum $44,000.00 $44,000.00 $79,063.00 $79,063.00 $67,538.40 $67,538.40 $71,974.70 $71,974.70 11. 6' Privacy Fence 244 L.F. $15.00 $3,660.00 $19.00 $4,636.00 $18.73 $4,570.12 $21.60 $5,270.40 12. Lighting, Electrical Conduit, Electrical Installations Lump Sum $20,000.00 $20,000.00 $8,850.00 $8,850.00 $9,834.37 $9,834.37 $14,750.64 $14,750.64 13. Barricades, Signs and Traffic Control Lump Sum $500.00 $500.00 $1,200.00 $1,200.00 $428.00 $428.00 $1,799.28 $1,799.28 14. Concrete Curb and Gutter 739 L.F. $15.00 $11,085.00 $14.00 $10,346.00 $15.52 $11,469.28 $17.03 $12,585.17 15. Concrete Ribbon Curb 28 L.F. $15.00 $420.00 $15.00 $420.00 $11.77 $329.56 $18.98 $531.44 16. Fiber -Reinforced Concrete Driveway 1 EA $2,000.00 $2,000.00 $4,750.00 $4,750.00 $3,145.80 $3,145.80 $4,919.37 $4,919.37 17. Fiber -Reinforced Concrete Sidewalk (6') 166 L.F. $21.00 $3,486.00 $30.00 $4,980.00 $36.70 $6,092.20 $24.40 $4,050.40 18. Curb Ramp 2 EA $1,200.00 $2,400.00 $1,250.00 $2,500.00 $535.00 $1,070.00 $997.87 $1,995.74 19. Offsite Crosswalk and Curb Ramps 1 EA $2,500.00 $2,500.00 $3,200.00 $3,200.00 $1,605.00 $1,605.00 $997.89 $997.89 20. Concrete Flumes and Outlet Structure Lump Sum $5,000.00 $5,000.00 $5,000.00 $5,000.00 $2,232.02 $2,232.02 $5,734.80 $5,734.80 Parking Improvements Project City of Georgetown Williamson Countv, Texas BID TABULATION Prepared by: Steger Bizzell Engineering, Inc. Page 2 of 6 Bid Opening: 10/16/2008 2:00 pm Project No. 21264-21268 Smith Contracting Voss and Sons Capital Concrete Contractors Job Site Construction Item No. Item Description Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 21. Diversion Berm and Swale Lump Sum $1,000.00 $1,000.00 $10,700.00 $10,700.00 $6,206.00 $6,206.00 $4,766.31 $4,766.31 22. Striping and Signage Lump Sum $2,850.00 $2,850.00 $2,500.00 $2,500.00 $2,247.00 $2,247.00 $2,268.00 $2,268.00 23. Silt Fence 568 L.F. $2.00 $1,136.00 $5.00 $2,840.00 $2.19 $1,243.92 $1.73 $982.64 24. Stabilized Construction Entrance 1 EA $1,000.00 $1,000.00 $2,500.00 $2,500.00 $1,070.00 $1,070.00 $1,026.00 $1,026.00 25. Tree Protection 1 EA $200.00 $200.001 $100.00 $100.001 $125.19 $125.19 $81.00 $81.00 Subtotal Community Center Parking Improvements $161,724.001 $ 21,967.001 $230,313.04 $228,797.34 1. Remove Gravel/Base 2,042 S.Y. $1.00 $2,042.00 $1.50 $3,063.00 $6.63 $13,538.46 $6.71 $13,701.82 2. Hydromulching and Watering 1,025 S.Y. $2.50 $2,562.50 $2.00 $2,050.00 $5.25 $5,381.25 $1.40 $1,435.00 3. Lime Stabilized Subgrade Preparation 2,050 S.Y. $7.00 $14,350.00 $12.65 $25,932.50 $8.56 $17,548.00 $11.55 $23,677.50 4. Crushed Limestone Base (8") 2,050 S.Y. $6.00 $12,300.00 $6.65 $13,632.50 $15.84 $32,472.00 $6.69 $13,714.50 5. Hot Mix Asphaltic Concrete Pavement (2.5") 1,932 S.Y. $14.00 $27,048.00 $15.25 $29,463.00 $18.43 $35,606.76 $16.10 $31,105.20 6. Concrete Curb and Gutter 182 L.F. $15.00 $2,730.00 $14.00 $2,548.00 $15.52 $2,824.64 $17.08 $3,108.56 7. Concrete Ribbon Curb 611 L.F. $11.00 $6,721.00 $12.00 $7,332.00 $10.49 $6,409.39 $15.45 $9,439.95 8. Fiber -Reinforced Concrete Sidewalk (4') 266 L.F. $16.00 $4,256.00 $20.00 $5,320.00 $17.88 $4,756.08 $24.40 $6,490.40 9. Grassy Swale (4') 115 L.F. $10.00 $1,150.00 $30.00 $3,450.00 $13.91 $1,599.65 $6.61 $760.15 10. Striping and Signage Lump Sum $1,200.00 $1,200.00 $1,250.00 $1,250.00 $1,070.00 $1,070.00 $1,080.00 $1,080.00 11. Concrete Wheel Stops 41 EA $44.00 $1,804.00 $39.00 $1,599.00 $39.59 $1,623.19 $39.96 $1,638.36 12. Silt Fence 363 L.F. $3.00 $1,089.00 $3.00 $1,089.00 $7.29 $2,646.27 $1.73 $627.99 13. Tree Protection 2 EA $50.00 $100.00 $100.00 $200.00 $634.30 $1,268.60 $81.00 $162.00 14. Stabilized Construction Entrance 1 EA $1,000.00 $1,000.00 $2,500.001 $2,500.001 $1,070.00 $1,070.001 $1,026.00 $1,026.00 Subtotall RepairCity Hall Parking $78,352.50 1 $99,429.001 1 $127,814.29 $107,967.43 1. Remove Curb 77 L.F. $4.00 $308.00 $3.25 $250.25 $11.88 $914.76 $18.65 $1,436.05 2. Remove Asphalt/Base 260 S.Y. $2.00 $520.00 $2.00 $520.00 $17.12 $4,451.20 $3.99 $1,037.40 3. Hydromulching and Watering 40 S.Y. $30.00 $1,200.00 $14.50 $580.00 $13.49 $539.60 $24.54 $981.60 4. Lime Stabilized Subgrade Preparation (12") 260 S.Y. $18.00 $4,680.00 $30.00 $7,800.00 $17.66 $4,591.60 $54.56 $14,185.60 5. Fiber -Reinforced Concrete Pavement (7) 260 S.Y. $30.00 $7,800.00 $55.00 $14,300.00 $37.84 $9,838.40 $36.45 $9,477.00 6. Barricades, Signs, and Traffic Control Lump Sum $500.00 $500.00 $1,200.00 $1,200.00 $428.00 $428.00 $1,799.28 $1,799.28 7. Concrete Curb 77 L.F. $25.00 $1,925.00 $14.00 $1,078.00 $8.45 $650.65 $10.23 $787.71 8. Striping and Signage Lump Sum $750.00 $750.00 $550.00 $550.00 $481.50 $481.50 $486.00 $486.00 Subtotal $17,683.00 $26,278.25 $21,895.71 $30,190.64 Parking Improvements Project City of Georgetown Williamson Countv, Texas BID TABULATION Prepared by: Steger Bizzell Engineering, Inc. Page 3 of 6 Bid Opening: 10/16/2008 2:00 pm Project No. 21264-21268 Smith Contracting Voss and Sons Capital Concrete Contractors Job Site Construction Item No. Item Description McMaster Fields Parking Improvements Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price = 1. Remove Gravel/Base 686 S.Y. $2.00 $1,372.00 $4.00 $2,744.00 $8.56 $5,872.16 $14.00 $9,604.00 2. Remove Asphalt/Base 255 S.Y. $2.00 $510.00 $2.00 $510.00 $6.53 $1,665.15 $14.98 $3,819.90 3. Remove Posts Lump Sum $2,000.00 $2,000.00 $250.00 $250.00 $1,284.00 $1,284.00 $2,453.43 $2,453.43 4. Relocate Gate 1 EA $650.00 $650.00 $800.00 $800.00 $802.00 $802.00 $2,732.40 $2,732.40 5. Site Grading Lump Sum $10,000.00 $10,000.00 $2,400.00 $2,400.00 $2,461.00 $2,461.00 $19,787.43 $19,787.43 6. Hydromulching and Watering 15,560 S.Y. $2.00 $31,120.00 $2.00 $31,120.00 $1.08 $16,804.80 $1.24 $19,294.40 7. Lime Stabilized Subgrade Preparation 2,030 S.Y. $7.00 $14,210.00 $12.50 $25,375.00 $8.56 $17,376.80 $6.27 $12,728.10 8. Crushed Limestone Base (8") 2,030 S.Y. $6.00 $12,180.00 $6.65 $13,499.50 $14.98 $30,409.40 $6.31 $12,809.30 9. Hot Mix Asphaltic Concrete Pavement 1,900 S.Y. $15.00 $28,500.00 $15.50 $29,450.00 $18.48 $35,112.00 $16.16 $30,704.00 10. Barricades, Signs, and Traffic Control Lump Sum $500.00 $500.00 $1,750.00 $1,750.00 $3,798.50 $3,798.50 $1,799.28 $1,799.28 11. Concrete Ribbon Curb 945 L.F. $12.00 $11,340.00 $12.00 $11,340.00 $10.46 $9,884.70 $15.73 $14,864.85 12. Grassy Swale (5 wide) 650 L.F. $10.00 $6,500.00 $10.00 $6,500.00 $6.42 $4,173.00 $6.28 $4,082.00 13. Striping and Signage Lump Sum $1,200.00 $1,200.00 $1,200.00 $1,200.00 $1,016.50 $1,016.50 $1,026.00 $1,026.00 14. Concrete Wheel Stops 33 EA $44.00 $1,452.00 $39.00 $1,287.00 $39.59 $1,306.47 $39.96 $1,318.68 15. Silt Fence 724 L.F. $3.00 $2,172.00 $3.00 $2,172.00 $2.19 $1,585.56 $1.73 $1,252.52 16. Tree Protection 5 EA $50.00 $250.00 $100.00 $500.00 $428.43 $2,142.15 $81.00 $405.00 17. Stabilized Construction Entrance 1 EA $1,000.00 $1,000.00 $2,500.00 $2,500.00 $1,070.00 $1,070.00 $1,026.00 $1,026.00 Subtotal $124,956.00 $133,397.50 $136,764.19 $139,707.29 TOTAL BASE BID $419,410.50 $539,210.20 $583,481.83 $595,618.44 Municipal.. 7A. Lime Stabilized Subgrade Preparation (12") 1,630 S.Y. $7.00 $11,410.00 $20.85 $33,985.50 $12.79 $20,847.70 $17.83 $29,062.90 9A. Fiber -Reinforced Concrete Pavement (7") 1,444 S.Y. $32.00 $46,208.00 $55.00 $79,420.00 $34.99 $50,525.56 $34.29 $49,514.76 Cost Increase/(Decrease) $16,212.00 $57,701.50 ($8,728.04) $11,430.42 3A. Community Center Parking Improvements - Bid Alternates Lime Stabilized Subgrade Preparation (12") 2,050 S.Y. $7.00 $14,350.00 $20.85 $42,742.50 $12.79 $26,219.50 $11.19 $22,939.50 5A. Fiber -Reinforced Concrete Pavement (7") 1,932 S.Y. $32.00 $61,824.00 $55.00 $106,260.00 $34.99 $67,600.68 $34.29 $66,248.28 Cost Increase/(Decrease) $22,476.00 $79,974.50 $8,193.42 $209690.58 7A. McMaster Fields Parking Improvements - Bid Alternates Lime Stabilized Subgrade Preparation (12") 2,030 S.Y. $7.00 $14,210.00 $20.85 $42,325.50 $12.79 $25,963.70 $6.27 $12,728.10 9A. Fiber -Reinforced Concrete Pavement (7") 1,900 S.Y. $32.00 $60,800.00 $55.00 $104,500.00 $34.99 $66,481.00 $34.29 $65,151.00 Cost Increase/(Decrease) $20,120.00 $78,501.00 $99546.50 $219637.70 BID WITH ALL BID ALTERNATES $478,218.50 $755,387.20 $592,493.71 $649,377.14 Parking Improvements Project City of Georgetown Williamson County, Texas BID TABULATION Prepared by: Steger Bizzell Engineering, Inc. Page 4 of 6 Bid Opening: 10/16/2008 2:00 pm Project No. 21264-21268 Aaron Concrete Patin Construction Austin Engineering Joe Bland Construction Item No. Item Description 8th Street Parking Improvements Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price M 1. Remove Gravel, Rocks, Landscaping 446 S.Y. $17.00 $7,582.00 $9.00 $4,014.00 $6.00 $2,676.00 $24.74 $11,034.04 2. Remove Asphalt 333 S.Y. $10.00 $3,330.00 $9.00 $2,997.00 $8.00 $2,664.00 $10.49 $3,493.17 3. Remove Trees 2 EA $800.00 $1,600.00 $250.00 $500.00 $400.00 $800.00 $584.08 $1,168.16 4. Remove Curb 213 L.F. $6.00 $1,278.00 $2.50 $532.50 $12.00 $2,556.00 $7.36 $1,567.68 5. Hydromulching and Watering 328 S.Y. $1.60 $524.80 $2.00 $656.00 $5.00 $1,640.00 $3.73 $1,223.44 6. Lime Stabilized Subgrade Preparation (12") 247 S.Y. $47.00 $11,609.00 $70.00 $17,290.00 $35.00 $8,645.00 $25.30 $6,249.10 7. Fiber -Reinforced Concrete Pavement (7) 247 S.Y. $50.00 $12,350.00 $36.00 $8,892.00 $45.50 $11,238.50 $56.84 $14,039.48 8. Fiber -Reinforced Concrete Driveway 1 EA $7,000.00 $7,000.00 $5,500.00 $5,500.00 $7,200.00 $7,200.00 $6,569.89 $6,569.89 9. Storm Sewer Grate Lump Sum $2,500.00 $2,500.00 $1,200.00 $1,200.00 $1,500.00 $1,500.00 $2,211.25 $2,211.25 10. Barricades, Signs and Traffic Control Lump Sum $2,000.00 $2,000.00 $1,600.00 $1,600.00 $6,000.00 $6,000.00 $5,648.92 $5,648.92 11. Concrete Curb 319 L.F. $16.00 $5,104.00 $10.00 $3,190.00 $9.30 $2,966.70 $18.26 $5,824.94 12. 6' Brick Paver Sidewalk 360 L.F. $90.00 $32,400.00 $75.00 $27,000.00 $60.00 $21,600.00 $59.30 $21,348.00 13. Handicap Ramp 2 EA $1,200.00 $2,400.00 $700.00 $1,400.00 $1,000.00 $2,000.00 $1,383.27 $2,766.54 14. Striping and Signage Lump Sum $740.00 $740.00 $770.00 $770.00 $1,500.00 $1,500.00 $649.63 $649.63 15. Silt Fence 100 L.F. $3.00 $300.00 $1.75 $175.00 $3.00 $300.00 $3.11 $311.00 Subtotall Municipal $90,717.801 $75,716.501 $73,286.20 $84,105.24 1. Remove Curb 336 L.F. $6.00 $2,016.00 $2.00 $672.00 $8.00 $2,688.00 $7.36 $2,472.96 2. Remove Asphalt/Base 412 S.Y. $10.00 $4,120.00 $9.00 $3,708.00 $9.00 $3,708.00 $62.15 $25,605.80 3. Remove Rubble 3.00 C.Y. $250.00 $750.00 $100.00 $300.00 $20.00 $60.00 $285.35 $856.05 4. Remove 6' Privacy Fence 175 L.F. $12.00 $2,100.00 $2.00 $350.00 $3.00 $525.00 $2.91 $509.25 5. Relocate Fire Hydrant Lump Sum $4,600.00 $4,600.00 $2,500.00 $2,500.00 $3,000.00 $3,000.00 $6,219.52 $6,219.52 6. Landscaping and Irrigation Lump Sum $13,300.00 $13,300.00 $13,300.00 $13,300.00 $19,500.00 $19,500.00 $14,499.65 $14,499.65 7. Lime Stabilized Subgrade Preparation (8") 1630 S.Y. $12.00 $19,560.00 $33.00 $53,790.00 $18.00 $29,340.00 $8.26 $13,463.80 8. Crushed Limestone Base (8") 1630 S.Y. $16.00 $26,080.00 $10.00 $16,300.00 $18.00 $29,340.00 $16.48 $26,862.40 9. Hot Mix Asphaltic Concrete Pavement (2.5") 1444 S.Y. $14.50 $20,938.00 $15.75 $22,743.00 $15.63 $22,569.72 $17.38 $25,096.72 10. Extended Detention Pond w/ Sump, Pump, Piping, Fence Lump Sum $71,000.00 $71,000.00 $22,000.00 $22,000.00 $84,000.00 $84,000.00 $90,602.97 $90,602.97 11. 6' Privacy Fence 244 L.F. $19.00 $4,636.00 $19.25 $4,697.00 $25.00 $6,100.00 $20.34 $4,962.96 12. Lighting, Electrical Conduit, Electrical Installations Lump Sum $23,000.00 $23,000.00 $7,700.00 $7,700.00 $10,000.00 $10,000.00 $24,256.47 $24,256.47 13. Barricades, Signs and Traffic Control Lump Sum $1,500.00 $1,500.00 $1,000.00 $1,000.00 $3,000.00 $3,000.00 $5,648.92 $5,648.92 14. Concrete Curb and Gutter 739 L.F. $13.00 $9,607.00 $9.00 $6,651.00 $16.25 $12,008.75 $18.27 $13,501.53 15. Concrete Ribbon Curb 28 L.F. $50.00 $1,400.00 $8.00 $224.00 $14.25 $399.00 $26.82 $750.96 16. Fiber -Reinforced Concrete Driveway 1 EA $3,000.00 $3,000.00 $4,200.00 $4,200.00 $4,040.00 $4,040.00 $3,583.71 $3,583.71 17. Fiber -Reinforced Concrete Sidewalk (6') 166 L.F. $28.00 $4,648.00 $21.00 $3,486.00 $23.50 $3,901.00 $29.36 $4,873.76 18. Curb Ramp 2 EA $1,200.00 $2,400.00 $700.00 $1,400.00 $1,000.00 $2,000.00 $1,383.27 $2,766.54 19. Offsite Crosswalk and Curb Ramps 1 EA $3,500.00 $3,500.00 $1,500.00 $1,500.00 $3,000.00 $3,000.00 $23,424.60 $23,424.60 20. Concrete Flumes and Outlet Structure Lump Sum $6,000.00 $6,000.00 $8,900.00 $8,900.00 $6,175.00 $6,175.00 $23,424.60 $23,424.60 Parking Improvements Project City of Georgetown Williamson Countv. Texas BID TABULATION Prepared by: Steger Bizzell Engineering, Inc. Page 5 of 6 Bid Opening: 10/16/2008 2:00 pm Project No. 21264-21268 Aaron Concrete Patin Construction Austin Engineering Joe Bland Construction Item No. Item Description Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 21. Diversion Berm and Swale Lump Sum $6,000.00 $6,000.00 $2,200.00 $2,200.00 $5,500.00 $5,500.00 $14,287.08 $14,287.08 22. Striping and Signage Lump Sum $2,200.00 $2,200.00 $2,415.00 $2,415.00 $2,500.00 $2,500.00 $1,186.27 $1,186.27 23. Silt Fence 568 L.F. $2.10 $1,192.80 $1.75 $994.00 $3.00 $1,704.00 $3.11 $1,766.48 24. Stabilized Construction Entrance 1 EA $800.00 $800.00 $1,200.00 $1,200.00 $975.00 $975.00 $1,977.12 $1,977.12 25. Tree Protection 1 EA $270.00 $270.001 $200.00 $200.001 $100.00 $100.00 $197.71 $197.71 Subtotal Community Center Parking Improvements $234,617.801 $182,430.001 $256,133.471 $332,797.83 1. Remove Gravel/Base 2,042 S.Y. $5.00 $10,210.00 $4.50 $9,189.00 $5.00 $10,210.00 $22.08 $45,087.36 2. Hydromulching and Watering 1,025 S.Y. $0.50 $512.50 $0.40 $410.00 $1.75 $1,793.75 $3.73 $3,823.25 3. Lime Stabilized Subgrade Preparation 2,050 S.Y. $8.00 $16,400.00 $33.00 $67,650.00 $12.00 $24,600.00 $8.26 $16,933.00 4. Crushed Limestone Base (8") 2,050 S.Y. $16.00 $32,800.00 $10.00 $20,500.00 $17.00 $34,850.00 $17.42 $35,711.00 5. Hot Mix Asphaltic Concrete Pavement (2.5") 1,932 S.Y. $14.50 $28,014.00 $15.65 $30,235.80 $15.63 $30,197.16 $16.85 $32,554.20 6. Concrete Curb and Gutter 182 L.F. $17.00 $3,094.00 $9.00 $1,638.00 $16.25 $2,957.50 $18.25 $3,321.50 7. Concrete Ribbon Curb 611 L.F. $15.00 $9,165.00 $8.00 $4,888.00 $14.25 $8,706.75 $15.42 $9,421.62 8. Fiber -Reinforced Concrete Sidewalk (4') 266 L.F. $19.00 $5,054.00 $15.60 $4,149.60 $15.00 $3,990.00 $22.36 $5,947.76 9. Grassy Swale (4') 115 L.F. $15.00 $1,725.00 $20.00 $2,300.00 $12.00 $1,380.00 $55.15 $6,342.25 10. Striping and Signage Lump Sum $1,100.00 $1,100.00 $1,100.00 $1,100.00 $2,500.00 $2,500.00 $1,101.55 $1,101.55 11. Concrete Wheel Stops 41 EA $40.00 $1,640.00 $39.00 $1,599.00 $58.00 $2,378.00 $84.73 $3,473.93 12. Silt Fence 363 L.F. $2.10 $762.30 $1.75 $635.25 $3.00 $1,089.00 $3.11 $1,128.93 13. Tree Protection 2 EA $210.00 $420.00 $100.00 $200.00 $100.00 $200.00 $197.71 $395.42 14. Stabilized Construction Entrance 1 EA $800.00 $800.00 $1,200.00 $1,200.00 $975.00 $975.00 $1,977.12 $1,977.12 Subtotall RepairCity Hall Parking 1 $111,696.80 $145,694.65 $125,827.161 $167,218.89 1. Remove Curb 77 L.F. $10.00 $770.00 $2.00 $154.00 $30.00 $2,310.00 $24.25 $1,867.25 2. Remove Asphalt/Base 260 S.Y. $30.00 $7,800.00 $9.00 $2,340.00 $25.00 $6,500.00 $68.64 $17,846.40 3. Hydromulching and Watering 40 S.Y. $10.00 $400.00 $0.40 $16.00 $30.00 $1,200.00 $5.93 $237.20 4. Lime Stabilized Subgrade Preparation (12") 260 S.Y. $47.00 $12,220.00 $50.00 $13,000.00 $30.00 $7,800.00 $29.03 $7,547.80 5. Fiber -Reinforced Concrete Pavement (7") 260 S.Y. $50.00 $13,000.00 $45.00 $11,700.00 $38.00 $9,880.00 $56.84 $14,778.40 6. Barricades, Signs, and Traffic Control Lump Sum $1,500.00 $1,500.00 $800.00 $800.00 $10,000.00 $10,000.00 $5,648.92 $5,648.92 7. Concrete Curb 77 L.F. $20.00 $1,540.00 $10.00 $770.00 $14.00 $1,078.00 $43.16 $3,323.32 8. Striping and Signage Lump Sum $500.00 $500.00 $500.00 $500.00 $2,500.00 $2,500.00 $141.22 $141.22 Subtotal $37,730.00 $29,280.00 $41,268.00 $51,390.51 Parking Improvements Project City of Georgetown Williamson Countv. Texas BID TABULATION Prepared by: Steger Bizzell Engineering, Inc. Page 6 of 6 Bid Opening: 10/16/2008 2:00 pm Project No. 21264-21268 Aaron Concrete Patin Construction Austin Engineering Joe Bland Construction Item No. Item Description McMaster Fields Parking Improvements Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price = 1. Remove Gravel/Base 686 S.Y. $13.00 $8,918.00 $7.00 $4,802.00 $8.00 $5,488.00 $9.18 $6,297.48 2. Remove Asphalt/Base 255 S.Y. $15.00 $3,825.00 $18.00 $4,590.00 $12.00 $3,060.00 $18.63 $4,750.65 3. Remove Posts Lump Sum $500.00 $500.00 $500.00 $500.00 $3,000.00 $3,000.00 $2,327.10 $2,327.10 4. Relocate Gate 1 EA $800.00 $800.00 $2,000.00 $2,000.00 $1,250.00 $1,250.00 $1,122.90 $1,122.90 5. Site Grading Lump Sum $5,000.00 $5,000.00 $15,000.00 $15,000.00 $18,000.00 $18,000.00 $35,438.50 $35,438.50 6. Hydromulching and Watering 15,560 S.Y. $0.30 $4,668.00 $0.50 $7,780.00 $1.10 $17,116.00 $1.73 $26,918.80 7. Lime Stabilized Subgrade Preparation 2,030 S.Y. $8.00 $16,240.00 $35.00 $71,050.00 $7.50 $15,225.00 $8.27 $16,788.10 8. Crushed Limestone Base (8") 2,030 S.Y. $16.00 $32,480.00 $10.00 $20,300.00 $17.00 $34,510.00 $17.55 $35,626.50 9. Hot Mix Asphaltic Concrete Pavement 1,900 S.Y. $14.50 $27,550.00 $15.75 $29,925.00 $15.63 $29,697.00 $16.90 $32,110.00 10. Barricades, Signs, and Traffic Control Lump Sum $2,000.00 $2,000.00 $1,200.00 $1,200.00 $3,000.00 $3,000.00 $5,648.92 $5,648.92 11. Concrete Ribbon Curb 945 L.F. $14.00 $13,230.00 $8.00 $7,560.00 $14.25 $13,466.25 $15.17 $14,335.65 12. Grassy Swale (5 wide) 650 L.F. $12.00 $7,800.00 $25.00 $16,250.00 $12.00 $7,800.00 $45.85 $29,802.50 13. Striping and Signage Lump Sum $1,000.00 $1,000.00 $1,050.00 $1,050.00 $2,500.00 $2,500.00 $1,101.55 $1,101.55 14. Concrete Wheel Stops 33 EA $40.00 $1,320.00 $39.00 $1,287.00 $58.00 $1,914.00 $84.73 $2,796.09 15. Silt Fence 724 L.F. $2.10 $1,520.40 $1.75 $1,267.00 $3.00 $2,172.00 $3.11 $2,251.64 16. Tree Protection 5 EA $500.00 $2,500.00 $325.00 $1,625.00 $100.00 $500.00 $197.71 $988.55 17. Stabilized Construction Entrance 1 EA $800.00 $800.00 $1,200.00 $1,200.00 $975.00 $975.00 $1,977.12 $1,977.12 Subtotal $130,151.40 $187,386.00 $159,673.25 $220,282.05 TOTAL BASE BID $604,913.80 $620,507.15 $656,188.08 $855,794.52 Municipal.. 7A. Lime Stabilized Subgrade Preparation (12") 1,630 S.Y. $17.00 $27,710.00 $49.50 $80,685.00 $9.00 $14,670.00 $13.61 $22,184.30 9A. Fiber -Reinforced Concrete Pavement (7") 1,444 S.Y. $56.00 $80,864.00 $49.50 $71,478.00 $36.00 $51,984.00 $56.84 $82,076.96 Cost Increase/(Decrease) $41,996.00 $59,330.00 ($14,595.72) $38,838.34 3A. Community Center Parking Improvements - Bid Alternates Lime Stabilized Subgrade Preparation (12") 2,050 S.Y. $12.00 $24,600.00 $49.50 $101,475.00 $9.00 $18,450.00 $13.66 $28,003.00 5A. Fiber -Reinforced Concrete Pavement (7") 1,932 S.Y. $53.00 $102,396.00 $49.50 $95,634.00 $36.00 $69,552.00 $56.84 $109,814.88 Cost Increase/(Decrease) $49,782.00 $78,723.20 ($1,645.16) $529619.68 7A. McMaster Fields Parking Improvements - Bid Alternates Lime Stabilized Subgrade Preparation (12") 2,030 S.Y. $12.00 $24,360.00 $49.50 $100,485.00 $9.00 $18,270.00 $13.76 $27,932.80 9A. Fiber -Reinforced Concrete Pavement (7") 1,900 S.Y. $53.00 $100,700.00 $49.50 $94,050.00 $36.00 $68,400.00 $56.84 $107,996.00 Cost Increase/(Decrease) $48,790.00 $73,260.00 $7,238.00 $519404.20 BID WITH ALL BID ALTERNATES $745,481.80 $831,820.35 $647,185.20 $998,656.74 City of Georgetown, Texas November 25, 2008 SUBJECT: Consideration and possible action to set the Solid Waste Fuel Cost Adjustment (SWFCA) at a price that will recover the cost of fuel, over and above the base fuel cost included in the City's retail solid waste rates, for the Solid Waste contract period of September 2007 — September 2008 -- Kathy Ragsdale, Utility Office Manager and Micki Rundell, Director of Finance and Administration ITEM SUMMARY: The current contract between Texas Disposal Systems (TDS) and the City of Georgetown requires the City to provide fuel to TDS at the City's wholesale rate. It also requires an annual fuel adjustment, which reflects the cost difference between the actual price of fuel purchased by TDS from the City and the contracted base fuel cost, which is also included in the City's solid waste rates. According to the contract, the adjustment is to be calculated by December 1, and reimbursed by December 31, of the current contract period. The City's solid waste rate ordinance allows for the recovery of the SWFCA through a SWFCA charge to all City solid waste customers, to be applied uniformly, and in addition to rates listed in the Solid Waste Rate Schedule, over a time -period set by the Assistant City Manager - Utilities. The cost of the fuel adjustment for the contract period of September 2007 — September 2008 is $156,433.71, with payment due to TDS before December 31, 2008. The reimbursement of this cost will begin on billings after December 10, 2008, and continue until the adjustment has been reimbursed. The amount of the charge will be $.70 per solid waste customer, per month. The cost of the Solid Waste Fuel Cost Adjustment, to be reimbursed to TDS by the end of December 2008, is $156,433.71, but will be recovered from the solid waste rate payers through a monthly charge of $.70, on their utility bills. COMMENTS: The monthly SWFCA charge of $.70 will be removed from the utility bills when the debt of $156,433.71 is reimbursed. SUBMITTED BY: Micki Rundell ATTACHMENTS: Fuel Adjustment Calculation Spreadsheet Cover Memo Item # R Attachment number 1 Page 1 of 1 ANNUAL FUEL COST ADJUSTMENT 2008 The Solid Waste Collection and Disposal Service Contract between the City of Georgetown and Texas Disposal Systems, Inc. has a provision for an annual fiscal year fuel cost Adjustment at the end of each calendar year. The Adjustment is to be calculated based upon a formula included in the Contract, (Section 15.04.) If the amount of the Adjustment is positive, then the City shall pay to Contractor the amount of the Adjustment. If the amount of the Adjustment is negative, then Contractor shall pay to the City the amount of the Adjustment. The Adjustment has been calculated for this year using the formula as follows: Adjustment = [(Contracted Fuel Price) —(Average Fuel Price) CFYY] x Total Gallons cFYx Where: Adjustment = [(Contracted Fuel Price 2.59) — (Average Fuel Price $3.45 from Georgetown fuel pump and $3.66 from TDS fuel pump) x (Total Gallons 134,470 GT and 64,936 TDS)] — Tier III adjustment $28,692.59 = $156,433.71 Contract Fuel Price: $2.59 Average Fuel Price: $3.45 (Georgetown Fuel Pumps) Average Fuel Price: $3.66 (TDS Fuel Pumps) Total Gallons: 134,470 (Georgetown) Total Gallons: 64,936 (TDS) Total due TDS Tier III Adiustment TOTAL ADJUSTMENT DUE TDS $185,126.29 28.692.58 $156,433.71 Details pertaining to the amounts listed above are considered proprietary information. Contractor has reviewed with City staff sufficient detail to demonstrate that the fuel amounts are related to valid services under this contract. Item # R City of Georgetown, Texas November 25, 2008 SUBJECT: Discussion and possible action to approve an interlocal funding agreement between the City and the Georgetown Transportation Enhancement Corporation (GTEC) regarding funding arrangements for the Williams Drive project -- Micki Rundell, Director of Finance & Administration In April 2008, the City Council agreed to participate in the Williams Drive widening project with Williamson County. Originally, the funding for this project was to be included in the City's 2008 bond package with construction scheduled within the next 2 to 3 years. Due to safety concerns, the County requested the City participate in accelerating the project, and would in fact fund the entire cost of construction. The project includes widening Williams Drive from DB Woods to 3405, of which 65% is within the City. As part of the arrangement, the City would then reimburse the County at a later date for their share of the project costs (estimated at $8.8M). The City didn't intent to begin repaying the County until after the project was completed in late 2010, with initial reimbursement beginning in fiscal year 2011/12, which would have been the year the City would have funded the construction if it hadn't been accelerated at the request of the County. Due to cash flow and other issues, Williamson County has requested the City begin repayment beginning in 2008/09 as follows: Year 1 09/30/2009 $1,500,000 Year 2 09/30/2010 $1,500,000 With remaining balance due over 3 years with a minimum annual payment of $1.8 Million. Because the actual costs will not be known until the project is bid and awarded in January 2009, the final payment in year 09/30/13 may be more or less than the $1.8 million. This detail, including total construction costs and repayment amounts will be included in the interlocal agreement with Williamson County to be considered in early January by the Council. Because the City does not have funds for Year 1 and 2 included in their current financing model, alternatives were developed. Initially, it was recommended that GTEC fund up to $3 Million for Years 1 and 2, to be repaid by the City at a future date, and thus tying up GTEC funds that would then not be available for potential economic development opportunities. The agreement contained in this item relates to Year 1 and 2 funding issues by providing an alternative that does not negatively impact the ability of GTEC to fund future economic development projects. This agreement allows the City to utilizing GTEC to offset the impacts of Year 1 and 2 to the City's financial forecast, by having GTEC fund the debt service for bonds the City would issue to pay the Year 1 and 2 payments to the County. As part of the funding strategy, the City will include $1.5 Million in Certificates of Obligation as part of the City's May 2009 bond issue. These funds would then be paid to the County before September 30, 2009. GTEC would then pay the first five years of debt service for these bonds, thereby keeping them from negatively impacting the City's tax rate. The City would follow the same process and include $1.5 Million in COs in the May 2010 bond process. Once again, GTEC would fund the first five years of debt service. In years 3 through 5 of the repayment plan to the County, the City would either cash fund the payment or issue tax supported debt that would be included in the annual tax calculation. In the year following the last payment to the County, the City begins assuming debt payments for the bonds previously serviced by GTEC, thus having a much lower impact to the tax base. The City would then repay GTEC approximately $1 Million which GTEC contributed to this process. The repayment to GTEC would be through cash contributions to be determined at that time. By utilizing this payment method, the County will meet their funding requirements, GTEC will not be required to expend most of their reserves and the City's tax rate will not be negatively impacted by this project. FINANCIAL IMPACT: The GTEC contribution is estimated at $1,061.576, representing 5 year of debt service on bonds to be issued in May 2009 ($1.5M) and May 2010 ($1.5M). GTEC currently has excess and unallocated funds of over $4.6M. This agreement allows the City to utilize GTEC without negatively impacting the ability of GTEC to Cover Memo Item # S fund future transportation related economic development projects. COMMENTS: The Williams Drive project has been approved as an eligible project, meeting the all necessary criteria for funding as an economic development project by GTEC. GTEC has previously contributed $1.2 Million to this project. The GTEC Board approved this agreement at their November 19, 2008 regular meeting. SUBMITTED BY: Micki Rundell ATTACHMENTS: Agreement Updated 08/09 Budget YE Adjustments Cover Memo Item # S Attachment number 1 Page 1 of 5 FUNDING AGREEMENT FOR RM 2338 (WILLIAMS DRIVE) BETWEEN THE CITY OF GEORGETOWN, TEXAS AND THE GEORGETOWN TRANSPORTATION ENHANCEMENT CORPORATION STATE OF TEXAS 0 COUNTY OF WILLIAMSON § THIS FUNDING AGREEMENT FOR RM 2338 (WILLIAMS DRIVE) (this "Agreement") dated as of the day of , 2008 is executed by and between the City of Georgetown, Texas (the "City") and the Georgetown Transportation Enhancement Corporation ("GTEC" or the "Corporation"). WITNESSETH WHEREAS, the Corporation was created by the City pursuant to authority granted by Section 413 of the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes, as amended (the "Act"); and WHEREAS, on May 5, 2001 the citizens of the City voting at an election on said date, approved the levy of a one-half of one percent sales and use tax upon the receipts at retail of taxable items, pursuant to Section 4B of the Act (the " 4B Sales Tax") and pursuant to the ballot language; and WHEREAS, under authority of the Act and the ballot language, the Corporation has the authority to issue bonds and take other actions necessary for the purpose of financing eligible projects, and to secure such bonds and other instruments or commitments with the 4B Sales Tax collected by the City; and WHEREAS, the Corporation and the City have previously executed that certain "Debt Administration Contract" for the purpose of providing a mechanism for distribution of the 4B Sales Tax between the Corporation and the City in instances when debt is issued for the purposes authorized by the Act and the ballot language; and WHEREAS, in 2006, the Corporation and the City previously entered into that certain Project Agreement to formalize and memorialize the contract administration process for bidding and constructing approved projects; and WHEREAS, after notice and public hearing, on August 17, 2005, the Corporation made findings that the expansion and widening of RM 2338 (Williams Drive) from the southbound frontage road of IH-35 to FM 3405 (the "Williams Drive Project") was a "project" authorized under the Act; and WHEREAS, on the 2004/05 Corporation budget included $1.2 Million for the funding of utility relocations and the design of the Williams Drive Project; and Item # S Page 1 of 5 Attachment number 1 Page 2 of 5 WHEREAS, the above funds were remitted to the Texas Department of Transportation (TxDOT) in November 2006 ; and WHEREAS, since that time, funding from TxDOT for the Williams Drive Project was withdrawn and the County and the City decided to take over the Williams Drive Project using a combination of City and County funds; and WHEREAS, in addition, the County and City jointly applied for funds from the CAMPO process to assist with the Williams Drive Project, and EIGHT MILLION EIGHT HUNDRED TWENTY EIGHT THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($8,828,900) (the "AFA Amount")in CAMPO funds have been awarded to the City per that certain Advance Funding Agreement No.CSJ-2211-01-016 (Dist # 14; Code Chart 64 # 16000; RM 2338 W or FM 3405 to Cedar Breaks Road) by and between the TxDOT and City; and WHEREAS, the CAMPO funds are not sufficient to cover the entire portion of the cost of the Williams Drive Project; therefore, the City and Williamson County have entered into that certain Interlocal Agreement (the "Interlocal Agreement") related to payment of the remainder of the construction costs for the Williams Drive Project, and said Interlocal Agreement defines the amount of money due from the City for the Williams Drive Project as sixty-five percent (65%) of all sums spent by the County for the Williams Drive Project, including relocation of utilities, less: (a) all costs associated with the Chisholm Exceptions, as defined therein; and (b) sixty five percent (65%) of the AFA Amount. This amount represents the City Portion of the Project (the "City Reimbursement Amount"). A copy of the Interlocal Agreement is attached hereto as Exhibit A; and WHEREAS, the City expected to be able to pay the City Reimbursement Amount to the County over a period of five years beginning after the completion of construction of the Williams Drive Project; and WHEREAS, the County recently informed the City that it needed the City funding earlier and requested the payment to the County commence before the completion of construction of the Williams Drive Project; and WHEREAS, the City does not have funds currently available for accelerating the payment of the City Reimbursement Amount to the County; and WHEREAS, because the Williams Drive Project is a "project" authorized to receive GTEC funding under the Act, at its regular meeting on November 19. 2008, the Board made further findings that the corporation would pay the first five (5) years of debt service for the "City's Reimbursement Amount," as that term is defined in the Interlocal Agreement; and WHEREAS, the Corporation and the City desire to make specific provisions with regard to the funding obligations related to the Williams Drive Project; and Item # S Page 2 of 5 Attachment number 1 Page 3 of 5 WHEREAS, the parties hereto find it necessary and advisable to enter into this Agreement to evidence the duties and responsibilities of the respective parties with respect to the payment of the City Reimbursement Amount of the Williams Drive Project. NOW THEREFORE, in consideration of the covenants and agreements herein made, and subject to the conditions herein set forth, the City and the Corporation contract and agree as follows: SECTION 1 DEFINITIONS AND INCORPORATION OF PREAMBLES The terms and expressions used in this Agreement, unless the context shows clearly otherwise or said terms are defined in the Interlocal Agreement between the City and the County pertaining to Williams Drive, shall have the meanings set forth herein, including terms defined in the recitals hereto, which recitals are found to be true and correct and incorporated herein and made a part hereof for all purposes. SECTION 2 FINANCING THE CITY PORTION OF THE WILLIAMS DRIVE PROJECT (a) Corporation agrees to pay, and will pay, the first five (5) years of debt service on the first Three Million Dollars ($3M) associated with the debt to be issued by the City to fund the City Reimbursement Amount for the Williams Drive Project per the terms of the Interlocal Agreement. Such sums to be paid through the use of the 4B Sales Tax. The Corporation, by such payment, will therefore provide additional funding for the construction of the Williams Drive Project for the benefit of the City. (b) City agrees to participate in one or more future GTEC-approved "Projects" as that term is defined in the Act and as are legally eligible for funding by the Corporation, in amount(s) reasonably equivalent to the amount of debt service paid by Corporation pursuant to Section 2(a), above. Notwithstanding the forgoing, no payments shall be made by the City to the Corporation under this Section before October 1, 2013, and all payments to be made to the Corporation by the City shall be subject to annual appropriations by the City SECTION 3 FORCE MAJEURE If, by reason of Force Majeure, any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement, then such party shall give notice and full particulars of such force Majeure in writing to the other parties within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein, shall mean acts of God, strikes, lockouts, or other Item # S Page 3 of 5 Attachment number 1 Page 4 of 5 industrial disturbances, acts of public, enemy, orders of any kind of the Government of the United States or the State of Texas or any civil or military authority, insurrections, riots — epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. It is specifically excepted and provided, however, that in no event shall any Force Majeure relieve the City of its obligation to transfer Sales Tax revenues to the Corporation as required under the Sales Tax Remittance Agreement. SECTION 4 TERM OF AGREEMENT The term of this Agreement shall be for the until all payments under Section 2 have been made. (The remainder of this page is intentionally left blank.) Item # S Page 4 of 5 Attachment number 1 Page 5 of 5 IN WITNESS HEREOF, the City and the Corporation have executed these presents in duplicate on this the day of 52008. GEORGETOWN TRANSPORTATION ENHANCEMENT CORPORATION By: Printed Name: Title: President ATTEST: By: Printed Name: Title: Secretary CITY OF GEORGETOWN By: Printed Name: George G. Garver Title: Mayor ATTEST: Bv: Printed Name: Sandra D. Lee Title: City Secretary APPROVED AS TO FORM: Patricia E. Carls, City Attorney Page 5 of 5 Item # S Attachment number 2 Page 1 of 2 Georgetown Transportation Enhancement Corporation 2008/09 Budget u Beginning Fund Balance $8,327,411 Revenue: Sales Tax Revenue $3,766,000 Interest $575,000 PID Assessments $469,800 Total Revenue $4,810,800 Expense: Administrative Expense & Supplies $239,834 Legal Expense $40,000 Transportation Plan Updates $20,000 $299,834 Subtotal - Operating Expense Debt Service $2,168,847 Debt Service - New $0 Issuance Cost & Reserve Funding $0 Transportation Improvement Program Rollforward SE 1 Project from 07108 $0 QQ Northwest Blvd Bridge $65,000 14c Southwest Bypass (I1-135 to 2243)[a] $900,000 Subtotal - Transportation Improvement Program $965,000 Economic Development Projects DT1 River Place[a] $78,500 DT3 500 South Austin Avenue[a][b] $703,000 DT5 501 South Austin Avenue[a][b] $568,088 Sierra Ridge[a] $694,000 Texas Outdoor Power $300,000 Projects to be determined $941,500 $3,285,088 Subtotal - Transportation Improvement Program Total Expense $6,718,769 Available Fund Balance $6,419,442 Reserves: Contingency 1 $941,500 lable Working Capital 1 $5,477,942 Report balances will be based on the Amended 08109 Budget Note: [a] Projects rolled forward from prior fiscal years. [b] additional amounts added in 2007/08 Item # S Attachment number 2 Page 2 of 2 Amended 08/09 Budget $17,381,521 $3,390,000 $325,000 $469,800 $4,184,800 $239,834 $40,000 $20,000 $299,834 $2,168,847 $0 $0 $10,765,241 $65,000 $0 $10,830,241 $0 $326,257 $555,724 $694,000 $300,000 $941,500 $2,817,481 $16,116,403 $5,449,918 $847,500 $4,602,418 YE Actual Balance 10% Rev Reduction 43% Rev Reduction Rollfoward bond funded Encumbered 07108 Canceled Balance remaining Completed/Paid 10108 25% of Budgeted sales tax Lowered to 25% of Rev Item # S City of Georgetown, Texas November 25, 2008 SUBJECT: Discussion and possible action to accept a bid from Storm Sirens, Inc. of Norman, Oklahoma, in partnership with Sentry Siren, Inc. for the turnkey installation of an emergency outdoor warning siren system in the amount of $214,000.00 -- Kevin Stofle, Assistant Chief of Police and David Morgan, Chief of Police This item was brought before the City Council on July 10, 2007 and again on March 25, 2008 and Council approved funding to replace the Emergency Outdoor Siren Warning System. A Request For Proposals was completed and we have an agreement between the City of Georgetown and Sentry Sirens, Inc. providing for turn key installation of an Outdoor Warning Siren System comprised of eleven (11) sirens with battery back-up and radio control, to be substantially completed within Sixty Days from the date when the notice to proceed is given. The work shall be completed and ready for final payment within 30 days from the date of substantial completion. The total cumulative contract price for this project shall not exceed Two Hundred Fourteen Thousand Dollars and No Cent ($214,000.00) (the Contract Price) unless approval for Extra Work is given by owner's representative as provided in Paragraph 28. FINANCIAL IMPACT: SUBMITTED BY: Kevin Stofle, Assistant Chief of Police ATTACHMENTS: Emergency Outdoor Sirens Documentation Cover Memo Item # T Attachment number 1 P City Council age 1 of 14 Minute Excerpts Emergency Outdoor Warning Sirens July 10, 2007 Legislative Agenda S Consideration and possible action to approve funding to replace the City of Georgetown's Emergency Outdoor Siren Warning System -- Paul E. Brandenburg, City Manager Brandenburg explained that all emergency warning systems are "outdoor." He said there are currently five siren locations in Georgetown and more are needed. He said the 20-year old system needs to be updated to 12 sirens and current technology, which will cost $214,000. He said there will be community education to let the residents know the sirens are strictly for storm events. He said also, as developments are brought in, a part of each new development agreement would be to add a siren location. He said many neighboring cities don't have systems. Stofle explained the procedure is used to respond to a severe weather warning triggered by the National Weather Service, and the sirens are used when a weather issue is confirmed to be present or heading to Georgetown by designated police spotters who call into Dispatch to activate the sirens. Motion by Eason, second by Oliver to approve the funding. There was discussion about NOA weather radios, television warnings, and Internet viewing of dopplar radar. Berryman said she believes the siren is antiquated and most people don't know what to do when they hear it. Sattler confirmed that the City has a reverse 9-1-1 system. Oliver asked and Brandenburg responded that there is a process in place where outdoor activities are shut down in the case of storm events. Eason said to cover all the bases it makes sense to go forward with updating and continuing the siren warning system. There was more discussion. Vote on the motion: Approved 4-2 (Sattler and Berryman opposed)(Brainard absent) March 11, 2008 Legislative Agenda P Considertion and possible action with respect to a resolution directing the publication of the Notice of Intention to Issue City of Georgetown, Texas combination tax and revenue certificates of obligation, Series 2008 -- Micki Rundell, Director of Finance and Administration Rundell listed the items included. Sansing noted this amount is $1.5 million, which is over the amount previously approved. Sattler asked and Rundell explained that $750,000 will be repaid by the stormwater drainage fund. Rundell explained the debt funding strategy. Motion by Snell, second by Berryman to approve the publication of a Notice of Intention to issue combination tax and revenue certificates of obligation. Brainard asked to remove the early warning sirens. Nelon said that had been a close vote with a lot of discussion and debate and would have to be revisited before it could be pulled out of this funding. Carls said the amount could probably be reduced at this meeting. Nelon suggested that Brainard post an item on a future agenda to discuss it. Snell asked and Carls confirmed that if final action is taken on something, the City's policies dictate the item cannot be revisited for 90 days without suspenion of the rules, and to reconsider an item still requires a motion to reconsider. Nelon advised Brainard that he would have to post two items, one requesting the item be reconsidered and the other that the amount be changed to remove the early warning sirens. Sansing noted that Brainard could, however, do a motion to reduce the amount. Rundell cautioned that once the amount is lowered, it can never be raised. It was determined that it would be better to leave the amount as is because less could be issued, and this item is just the notice of intent to issue. Vote on the motion: Approved 7-0. March 25, 2008 Legislative Agenda U Consideration and possible action to approve funding to replace the City of Georgetown's Emergency Outdoor Siren Warning System -- Paul E. Brandenburg, City Manager Brandenburg explained the item and said Council took action on July 10, 2007 to approve the outdoor siren system as part of the Capital Improvement Plan on a 4-2 vote. He said, if within 90 days the Council would like to reconsider the item, the Council would have to suspend the rules and take up the issue again. Motion by Sansing, Brainard to reconsider this item. Approved 4-3 (Eason, Oliver, and Snell opposed) Brainard said, if the sirens were to go off at any point in time, a majority of the citizens of Georgetown would not know what it meant and would not know what to do. He added these sirens are an anachronism and a throwback to the days when there was no television, cell phones, or Internet. He said this is not the best use of Emergency Outdoor Siren Warning System Minute Excerpts Page 1 of 2 Item # T Attachment number 1 the City's next available half a million dollars. Motion by Brainard, second by Berryman to remove thPe�u2f oo4 warning system from the Certificates of Obligation package. Brandenburg said this system is meant to tell people who are outside to go in and take cover and it is actually an upgrade to our current system. He added, if we do not fund the replacement of a new system, we would have no system at all because the City currently has sirens that do not cover the community. Sansing asked and Brandenburg said the total cost includes the upgrade. Eason said the sirens have become a definite part of her life living in "Tornado Alley" and in Georgetown. She said many people have been saved by those sirens. She noted education would be going along with this system and it would be beneficial to people who are not familiar with the dangers and what to do in the possibility of a tornado. She added computers, televisions, and phones are not infallible and are often affected by electric storms that go along with the tornadoes. Oliver said this is an issue of public safety. He added the City has many members of the community that don't have access to or don't use various modern means of communication. He noted the City has a responsibility to those people. He said the way to do this effectively is to educate everyone that needs it and, when that siren goes off, they will know what to do. He said it is crucial to have a way outside of modern technology to communicate directly with people when there is an imminent threat. Berryman said she was against this in the first place because this form of an early warning system works well in smaller towns and older homes. She said the people who live on the West side of Georgetown will have an impossible time hearing the sirens inside of their homes because the newer homes are better insulated and have double pane windows. She noted it will require that we continue to expand the system as the City grows. She added continued education will end up being an additional cost. Brandenburg said the City's research has shown there is no such thing as an indoor warning system and every warning system there is will be outdoor. He added having an indoor warning system would cost more and would cause structural damage. Sattler asked and Stofle said our reverse 911 system does not work in the case of a tornado. Brandenburg said staff had talked about how to cover the cost of expanding the system and including additional sirens. He said staff could put a provision in future development agreements requiring them to put in new sirens. Berryman said every other City in Williamson County that has done a study on this has determined that it was a waste of money. Vote on the motion: Denied 3- 4 (Sansing, Eason, Snell, Oliver opposed) Emergency Outdoor Siren Warning System Minute Excerpts Page 2 of 2 Item # T Attachment number 1 Page 3 of 14 OUTDOOR WARNING SIREN SYSTEM RFP NO. 28034 BID TABULATION SHEET STORM SIRENS GIFFORD ELECTRIC DESCRIPTION QTY TOTAL PRICE TOTAL PRICE Installation and equipment for outdoor 1 $ 372,000.00 $ 876,656.00 warning siren system $225,000.00 (1st Phase) No Bid: JDG Electric Inc. Federal Signal Corp American Signal Corp Safetycom, Inc. Whelen Engineering Co. Item # T Attachment number 1 Page 4 of 14 EXHIBIT "A" Outdoor Warning Siren System PROJECT DESCRIPTION CONTRACTOR will provide labor and materials to install the Outdoor Warning Siren System comprised of eleven (11) sirens with battery back-up and radio control for the OWNER as outlined below: • Ten (10) New Sentry Model 16V1T-B Storm Warning Sirens for the main City of Georgetown • One (1) New Sentry Model 7V8-B Storm Warning Siren for the Lake area • Turn key installation for all eleven (11) sirens. This includes all necessary telephone poles, batteries, conduit, etc. • All necessary work at the Georgetown Police Dispatch Center to operate the siren system • OWNER to provide siren sites and electrical service to the siren poles Sentry Sirens, Inc. — Exhibit A" Page 1 10/10/2008 Item # T Attachment number 1 Page 5 of 14 ST(_)RM';rS)IRENS INC SFRVINIGTHL PUBLIC SAFETY HUD Premium, Battery Powered, Outdoor Warning Sirem rMfl-0, =_ -NON-ROTATING. Forget about the worries of rotating sirens, this unit only has three moving parts H -Electro-Mechanical Warning Siren. No speakers or amplifiers here, just real, honest, big-time, worry free sound. -100% Maintenance Free Siren: Just take care of the batteries, and that's it !!! -Mechanically produced sound - stronger and further reaching than electronically produced sound. -Proven, this siren has been deployed in cities around the world, and is the best selling dual tone siren we have. -Lifetime Tech Support is included with every siren. No matter how old your siren is, we will help you through any problems. -FIVE YEAR WARRANTY so you can rest assured your siren will be functional at all times.** Rated at 125 / 128*** dB at 100 feet, the Model 16V1 T-13 is an I . siren which - C produces continuous 3600 coverage, making it the clear winner over rotating sirens. Get ready for power!! The 16VlT-B is the largest battery powered siren available today. This monster employs two fans, both producing 460 cycles per second. This pitch is the lowest in the industry, therefore, this siren's sound is able overcome wind fade and tree cover more effec- tively than any other siren on the market today, This means more distance covered than similarly rated sirens. The 16V1T-B rewards the user with true, worry free operation by providing the option for uninteruptable power. AC powers the siren normally and when power fails, the siren automatically switches to battery power. All exposed siren components are of Electro-Plated, Galvanized Steel construction, which are for the most durable finish available. The fan and housing are made of non- corrosive cast aluminum. Shipping weight of the siren is 750 lbs. 1-800-527-6375 Storm Sirens, Inc. StormSirensCa)aoLcom Item # T Attachment number 1 Page 6 of 14 4!'1 :'1111! 17-MI"11311A. - The Siren is dB(c) rated by Sentry at 125/128 dB. at 100 ft.*** -User can select from AC with DC backup or DC Primary. - With AC/DC, the siren operates on AC rectified power when available and changes to Battery power when AC power fails. - With DC Primary, the siren runs on DC power all the time and uses 110 VAC to charge the battery pack. Ask your salesperson to explain the benefits of both. Estimated Coverage Circle: 14,000 ft.—** @ 100% of peak run time Charging system uses 110 VAC Solar Powered Charging System Available Motor Specifications: Siren uses Two American Made, 72 VDC, 8 Hp Motors which pull 93 Running Amps Storm Sirens, Inc 3801 Harrogate Dr. Norman, OK 73072 STU'RM SIRENS INC SLRVINGTHE PUBLIC SAFETY FILLD Accessories Available Siren Control Centers Push button controls with up to 5 functions including test andr. cancel. Reliable and field adjustable, now you can customize your siren's functions anytime, Radio Control Equipment Hand-helds, desk mounts, and receivers available with up to four functions. Solid state and built to last! Accessories Included with Standard System Battery Charging System, Battery Cabinet, Battery Cabinet Pole Mounting Stand, Battery Cabinet Safety Cable, and DC Motor Starter / Contactor. AC/DC system also includes Rectifer/Transformer and solenoid switching assembly. Storm Sentry Ask your salesperson to tell you about the latest addition to the Sentry offering; PC based activation. Plus users can allow the National Weather Service to activate your sirens when severe weather approaches! The Storm Sentry will even send e-mails, call pagers, telephones, and text message severe weather warnings. STORM SIRENS, INC. S I T-RVT1,T,,7 TFM FT-TI T(' Sz'�FETV FTFLD 'Assumes perfect conditions; Actual levels may vary by local conditions and terrain. 'Five Year Warranty available for an extra fee. Depends on power source ****Based on FEMA guidelines of 9 dB drop and assumes perfect conditions, coverage may vary. 1-800-527-6375 Fax: 405-329-0542 E-Mail: StormSirensgaolcom Item # T Attachment number 1 Page 7 of 14 SPODR-M SIRENS, N(C-1 SERVING THE PUBLIC SAFETY FIELD Premilum, Bdaffery Powered, C_hvtdoor Warit-Onig Sker, Important Facts to ConsHer- -Electro-Mechanicall Warning Siren. No speakers or amplifiers here, just real, honest, big-time, worry free sound. -100%® Maintenance Free Siren: Just take care of the batteries, and that's it !!! -NON-ROTATING3. Forget about the worries of rotat- ing sirens, this unit only has two moving parts !! -Mechanicafly produced sound - stronger and further reaching than electronically produced sound. -Proven, this siren has been deployed in cities around the world, and is the best selling single tone siren we have. -Lifetime Tech, Suppor�,i is included with every siren. No matter how old your siren is, we will help you through any problems. -FIVE YEAR WARRANT,,.T so you can rest assured your siren will be functional at all times." 'Ig alsiances, -Me�rT675 is Sentry's newest model. The Model 7V8-B is rated at 118 �13 at 100 feet, and like afl Sentry weather warning sirens, is The 7T8-B is a single tone siren, producing 460 cycles per second, This pitch is the lowest in the industry, therefore, this siren's sound is able overcome wind fade and tree cover more effectively than any other siren on the market today. This means more distance covered than similarly rated sirens. The 7V8-B rewards•the user with true, worry free operation by providing the option for uninteruptable power. AC powers the siren normally and when power fails, the siren automatically switches to bat- tery power. All exposed siren components are of metal construction, which are for the most durable finish available. The fan and housing are made of non -corrosive cast aluminum. Maximum diameter of the Model 7V8-B shall be 56", maximum height of 41", and maximum mounting base of 19" square. Shipping weight of the siren alone is 350 lbs. Attachment number 1 Page 8 of 14 STOR-Ad SIR-ET-TS, !NC. SERVINGTHE PUBLIC SAFETY NELD Power Specific-aflons The 7V8-B is avaliabis in two power options The Siren is dB(c) rated by Sentry at 118/120 dB. at 100 fit.`** -User can select from AC with DC backup or DC Primary. I - With ACIDC, the siren operates on AC rectified power when available and changes to Battery power when AC power fails. - Tflth G�,' Primary, the siren runs on DC power all the time and uses 110 VAC to charge the battery pack. Ask your salesperson to explain the benefits of both. Ps _._,tiniatad Coverage Cor6e: 8,000 ft.-*** @ 100% of peak run time Charging systerri uses 110 VAC,' Solar Powered Charging Si stern Available Jviotoh Specifications: Siren uses One American Made, 72 VDC, 8 Hp Motor which pulls 93 Running Amps T- Storm Sirens, Inc. 3801 Harrogate Dr. Norman, OK 73072 tPremiuml, Saffery POWP-red, Outdoor YVarning Siren .4,ccessorfes A ,,agahle S�ren Cantro�, Centers Push button controls with up to 5 functions including test and cancel. Reliable and field adjustable, now you can customize your siren's fUnC- tions anytime. Rad�c Control, Equipment Hand-helds, desk mounts, and receivers available with up t# four functions. Solid state and built to �asfl Ac-,c.essodes tIncluded with Standard Sysftern, Battery Charging System, Battery Cabinet, Battery Cabinet Pole Mounting Stand, Battery Cabinet Safety Cable, and DC Motor Starter / Contactor. AC/lDC system also includes Rectifer/Transformer and solenoid switching assembly. Starm Sergtry Ask your salesperson to tell you about the latest addition to th Sentry offering; PC based activation. Plus users can allow th National Weather Service to activate your sirens when seve weather approaches! The Storm Sentry will even send e-maill call pagers, telephones, and text message severe weath'i warnings. 0 STORM SIREENS, INC. SERVING, THE PUBLIC SAFETY FIELD *Assumes perfect conditions; Actual levels may vary by local conditions and terrain. **Five Year Warranty available for an extra fee. *** Depends on power source *-Based on FEMA guidelines of 9 dB drop and assumes perfect conditions, coverage may vary. 1-800-527-6375 Fax: 405-329-0542 E-Mail., StormSirensgaol. com Item # T Georgetown, TX Siren Map 10-16V1 T-B (45' Glass 2 Poles) 1-7V8-B (40' Class 4 Pole) R , ,4 [' f a P ,o 7 o QZ m s�9 1 0 oc �§ �e Siren #1 (16V1TB) Siren is to be located approximately 50' SSE of the intersection of Summit Street and Sun City Blvd. Siren is to be located along Sun City Blvd next to underground transformer. Siren #2 (16V1TB) Siren is to be located approximately 200' South of the intersection of Del Webb Blvd and Texas Dr.. The siren is to be located along Del Webb Blvd slightly to the North and uphill from underground transformer. Attachment number 1 Page 9 of 14 Item # T Georgetown, TX Siren Map 10-16V1T-B (45' Class 2 Poles) 1-7V8-B (40' Class 4 Pole) i n. :S _ d w., Rasebate BJvd" �, Siren #3 16V1 TB N Siren is to be located approximately 200' SSE of the intersection of Shell Road and Sonora Trace. The siren is to be along Shell Road beside the Georgetown Village sign near the pole mounted transformer. r. P enc_. .,`tea...... Siren #4 (16V1TB Siren is to be located approximately 20' North of the intersection of Champions Dr. and Lancaster Dr. near underground transformers. Attachment number 1 Page 10 of 14 Item # T Georgetown, TX Siren Map 10-16V1T-B (45' Class 2 Poles) 1-7V8-B (40' Class 4 Pole) 0 X -i '.e m 79S Attachment number 1 Page 11 of 14 •uv4'Y lin.;'.0. 1. E 6. V -.. ��tbx IJr - t 9S c G R`�rv� rca Hnlian nttinu Rd ST tr aian Nl--a Rd Siren #5 (16V1TB} Siren is to be located approximately 150' SW of the intersection of Berry Creek Dr. and Airport Rd.. The siren is to be located along Airport Rd. near the entrance of Berry Creek near overhead transformer. Service drop will require tree limbs trimmed for connect. Attachment number 1 Georgetown, TX Siren Map Page 12of14 10-16V1T-B (45' Class 2 Poles) 1-7V8-B (40' Class 4 Pole) Siren # 7 (16V1TB) Siren is to be located approximately 100' NE of the intersection of N. Austin Ave. and Parkview Dr. The siren is to be located along N. Austin Ave. near the pole mounted transformer. v 3D — W 6th St - to St E 7th St n m o a N 81n St - N BtF $f nno N. '. n, W 91h St E 9t St.,.. _ im W 8ll 51 m 91h St _"" �k]J ..-. 954 ..Gn 35 IIYo 1fJE N�... I(n> V t0I S .... ... Y , Va 101h SI V4 tOfh I win SI E t01h SI ",. t - Siren #8 (16V1TB) Siren is to be located NW of the intersection of W. 8th St and Forest St.. The siren is to be located along W. 8th Street by the Public Library at the same location as the existing siren on the metal utility pole. New siren to possibly be mounted on Item # T the existing steel pole. Attachment number 1 Georgetown, TX Siren Map Page 13of14 10-16V1 T-B (45' Class 2 Poles) 1-7V8-B (40' Class 4 Pole) ..�iOUW.y Siren #9 (16V1TB Siren is to be located approximately 30' NE of the intersection of Paleface Dr. and Reinhardt Blvd. Siren is to be located in the same location as the existing siren in the fenced in area near an existing underground power supply. Siren #10 (16V1TB) Siren is to be located near James Tippit Middle School at 1601 Leander Rd, Georgetown, TX. Closest intersection is at Leander Rd and River Bow Dr. The siren is to be located SW of the school parkinq lot and approximately 2 G�ee�Ee Pt Item # T Attachment number 1 Georgetown, TX Siren Map Page 14of14 10-16V1 T-B (45' Class 2 Poles) 1-7V8-B (40' Class 4 Pole) Siren #11 (7V813) Siren is to be located at Jim Hogg Park at the end of Jim Hogg Rd near the lake and pubic restrooms near pole mounted transformer. The siren is to be located in the center of the turn around circle. Item # T City of Georgetown, Texas November 25, 2008 SUBJECT: Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve Change Order #1 to the contract with Central Road and Utility, Ltd to expand the scope of the project to include a 12" potable water line located on North East Inner Loop near CR 151 required by the 2005 Annexations in the 16" Irrigation Water Line and Irrigation Pump Station Improvement Project in the amount of $79,557.60 -- Thomas R. Benz, P. E., System Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations ITEM SUMMARY: The Change Order adds approximately 1,000 feet of 12-inch water line to the project at the unit prices in the original bid. The additional water line is in the general area of the original irrigation line project, and the water line is needed to extend water service in accordance with the service plan for a 2005 annexation tract. The change in scope of the project will result in cost savings due to favorable unit costs and the elimination of mobilization costs of a new project. The Change Order also adds 35 days to the contract completion time due to a request by the City to delay the tie in of the irrigation line to the Airport Tank site to accommodate the Sun City Community Association irrigation demand. GUS BOARD RECOMMENDATION: This item was recommended by the GUS Board for Council approval at the November 18, 2008, GUS Board meeting. STAFF RECOMMENDATION: Staff recommends Change Order #1 to the contract with Central Road and Utility, Ltd for the 16" Irrigation Water Line and Irrigation Pump Station Improvement Project in the amount of $79,557.60. FINANCIAL IMPACT: Funds for this additional expenditure are available in the Water Services Budget. Available Budget Fund Actual Budget Balance 660-9-0580-90-118 $79,557.60 $800,000.00 $800,000.00 2005 Annexations SUBMITTED BY: Jana Kern ATTACHMENTS: Change Order #1 Central Road Cover Memo Item # U CITY OF GEORGETOWN CONSTRUCTION CHANGE ORDER FORM Affachment number PROJECT NAME: 16-Inch Irrigation Water Line and Irrigation PAGE: 1 of 1 (backup a091%10 1 Water Pump Station Improvements BID NO.: 28005 DATE: November 12, 2008 CONTRACTOR: Central Road and Utility, Ltd. CHANGE ORDER NO.: 1 MANAGING DEPT: Systems Engineeering VENDOR NO.: 86771 P.O. NO.: ITEM DESCRIPTION JORIGINAL UNIT OF I COST PER + REVISED ADDED/DELETED NO. OF ITEM QUANTITY MEASURE UNIT CHANGE CITY COSTS DAYS 1 Bond 1 L.S. $1,725.00 +1 S1,725.00 CIP11-1 Trench Safey Plan Implementation 9,750 L.F. $1.00 +1000 $1,000.00 G2-A ROW Site Preparation 1 L.S. $1,035.00 +1 S1,035.00 G6-A-SF Silt Fence 10,000 L.F. $1.70 +108 $183.60 G6-B Stabilized Construction Entrance 19 Each $864.00 +1 $864.00 C5 Concrete Driveway 35 S.Y. $65.00 +24 $1,560.00 SD4 Gravel Driveway 7 S.Y. $43.00 +10 $430.00 W2-12 12" PVC, C900, Waterline 0 L.F. $38.00 +1000 S38,000.00 35" W2-2-OC 2" PVC Water Service, SCh 80 0 L.F. $27.00 +50 $1,350.00 Class 200, By Open Cut W2-2-Bore 2" PVC Water Service, SCh 80 0 L.F. $24.00 +50 $1,200.00 Class 200, Inside Casing W3-A-12GV 12-Inch Gate Valve 0 Each $3,105.00 +2 S6,210.00 W3-B-FH Fire Hydrant Assembly 0 Each $4,255.00 +1 S4,255.00 W4-4 4" Steel Casing Pipe, By Bore 0 L.F. $359.00 +50 $17.950.00 13 Connection to Existing Waterline 0 Each $2,875.00 +1 S2,875.00 14 Meter Box 0 Each $920.00 +1 $920.00 ' Delay of 16-Inch Tie-in at Airport Road 35' Tank. " This 35-day period commences at conclusion of 16-Inch Irrigation Line. SUBTOTAL THIS PAGE $79,557.60 35 SUBTOTAL OTHER PAGES 0 0 In consideration of the Change Order agreed to herein as complete equitable adjustments,COMBINED TOTAL and full and final payment for the Contractor's additional work, the Contractor hereby $79,557.60 35 releases the Owner from any and all liability under this contract for further equitable' adjustments, including additional time for performance, attributable to such facts or circumstances giving rise to the proposal for adjustment. CONTRACTOR'S REPRESENTATIVE DATE TITLE CONSULTANT/ENGINEER/ARCHITECT DATE INSPECTION SUPERVISOR DATE PROJECT MANAGER DATE FINANCE DIVISION DATE SPONSOR DEPARTMENT DATE MARSHA IWERS, PURCHASING DATE THIS CHANGE ORDER 4.62% 35 $79,557.60 If this CO or cummulative CO exceeds $25K then must seek Council approval PREVIOUS CHANGE ORDER(S) 0.00% 0 $0.00 CHANGE ORDER(S) TO DATE 4.62% 35 $79,557.60 If this CO or cummulative CO exceeds $25K then must seek Council approval ORIGINAL CONTRACT DAYS/PRICE 266 $1,722,711.00 ORIGINAL CONTRACT DAYS/PRICE 301 S1,802,268.60 PLUS CHANGE ORDER(S) ❑ Requires City Council approval prior to authorizing Contractor to proceed CITY COUNCIL APPROVAL DATE SYSTEMS ENGINEERING MANAGER DATE Item # ref. 7/25/07 City of Georgetown, Texas November 25, 2008 SUBJECT: Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action for approval of the contract with Lower Colorado River Authority ("LCRA") for the purchase of electric distribution and transmission materials for FY 2008/2009 from vendor award contract for the LCRA Electric Material Acquisition Program in the estimated amount of $500,000.00 -- Ken Arnold, Energy Services Director, Jim Briggs, Assistant City Manager for Utility Operations ITEM SUMMARY: Approval of this agreement will allow the City of Georgetown to continue the periodic purchases of electric distribution and electric transmission material directly from the vendor awarded the Electric Material Acquisition Services Contract by LCRA. LCRA is in the process of re -bidding this contract and should have a new contract awarded by the end of 2008. By using this agreement, the City will be able to take advantage of lower prices and stock availability to do volume purchasing. Materials purchased through this agreement are items not included on any bids formally issued and awarded by the City. Items are purchased on an as needed basis and are stocked in the City warehouse to be used by the Electric Department for new electric service installations and maintenance of the electric system. The total of this bid was based on an estimated quantity from the previous year. According to Texas Local Government Code 271.102 (c), the City satisfies any state laws requiring the local government to seek competitive bids for the purchase of the goods and services when purchasing under Subchapter F. Cooperative Purchasing Program. The Texas Local Government Code 27 1. 101 states that a municipality may participate in a local agreement with a special district. This is a continuation of the previous agreement for FY 2008-2009. GUS BOARD RECOMMENDATION: This item was recommended by the GUS Board for Council approval at the November 18, 2008, GUS Board meeting. FINANCIAL IMPACT: Funds for this expenditure are budgeted in the Electric Department: Available Budget Fund Actual 610-5-0523-51-330 $3,000.00 Special Services 610-9-0580-90-011 $248,500.00 Overhead Conductors 610-9-0580-90-012 $248.500.00 Underground Conductors SUBMITTED BY: Jana Kern ATTACHMENTS: LCRA Material Acquisition Budget Balance $20,800.00 $10,800.00 $2,764,000.00 $2,659,303.00 $4,619,000.00 $4,351,547.00 Cover Memo Item # V Attachment number 1 Page 1 of 3 EXHIBIT MAT PROGRAM AGREEMENT MATERIAL ACQUISITION SERVICES Th�J�� ("Customer") and the Lower Colorado River Authority ("LCRA") have entered into an Agre ent for Technical Services dated The purpose of this new Program Agreement is to allow the ri),'y ]A/ Of the Material Alliance of LCRA. to receive the benefits v CONTRACT SCOPE: LCRA shall provide the following services to Customer: 1. LCRA has received and evaluated bid proposals for an annual material acquisition program. 2. The selected vendor meets or exceeds the criteria required and'desired for furnishing materials to LCRA and its Wholesale Customers. 3. The selected Vendor will be monitored by LCRA at regular intervals to assure that the program is beneficial to the participants. 4. The selected Vendor may furnish materials for up to five (5) years with at least an annual review of performance of the Vendor. S. LCRA Distribution Engineering will make recommendations and evaluations of material suitable for electric facilities. CUSTOMER BENEFITS 1. Customer will not need to go through the bid process for materials covered under this Program. 2. The Vendor will be providing the following products: electrical, natural gas, water/sewer, CATV/telephone, sport lighting, fiber optic, and telecommunication. 3. The Customer will deal directly with the Vendor in the ordering, shipping, and payment of invoices. Vendor will provide customer with a customer specific electronic procurement WEB page. Fax or telephone ordering also is available. 4. The Vendor will not charge shipping charges for the routine route delivery to the Customer from Vendor's warehouse. 5. Vendor will be available to deliver material at least weekly to Customer. 6. The Vendor may deliver materials directly to the jobsite when prior arrangements have been made between the Customer and the Vendor. 7. The Vendor may purchase excess materials from the Customer to reduce Customers inventory. 8. The Vendor agrees to maintain a stock of material for emergencies to be delivered to the customer within 48 hours. 9. The Vendor will be available 24 hours per day 7 days per week for Customer to contact. 10. Vendor will self unlc,ad Customer's purchases at customers warehouse or directly to the jobsite. 11. Vendor can provide training on use of new material. 12. Vendor will provide improved communication concerning product availability and pricing movement. 13. Vendor can provide "kiting" assembling and packaging material by unit designation. 14. Vendor will provide an emergency backup stock. 15. Vendor will not charge a restocking charge for return of unused material if Customer meets Vendor's criteria for such actions. 16. Vendor will provide new transformers on consignment at customer's location if customer purchases all transfonners and most other distribution materials from vendor. 17. The vendor will provide and maintain emergency stock of larger pad -mounted transformers or other agreed upon items so that each utility will not have to maintain expensive inventory or backup units for reliability purposes if customer purchases all transformers and most other distribution materials from vendor. 11l10/03 Item # V Material Agreement ( P e,9,9f , f3 }egt)number 1 g CONTRACT TERM The contract term for this Program Agreement shall be for one year. The Program Agreement shall be automatically renewed each year unless terminated by either party. Either party may terminate this TERMINATION Program Agreement, by giving a nine Termination of this Program Agreement shall not affect the -Agreement for Technical Services or ny otay notice to the other her Program Agreement, but termination of the Agreement for Technical Services automatically terminates all Program Agreements. If this Program Agreement is terminated, any overpayment of the retainer shall be reimbursed to the Customer after the costs of services have been paid. CONTRACT FEES Fees for work under this Agreement See attached price sheet "Pricing for MATERIAL ACQUISITION Program " The LCRA will notify the customer of the new fee for continuing the service for another year in a new "Pricing for Material Acquisition Program" which will become a part of this Agreement All other terms and conditions of the Program Agreement remain in full force and effect. The parties below have caused this Program Agreement to be executed by their authorized officials as of ,.r � 20 c�� �a LOWER COLORADp RIVER AUTHORITY CL A.. L V) Item # V Attachment number 1 Page 3 of 3 Pricing for Electric Material Acquisition I -Program For the City of zl , Dated: The program fee is $35/month plus 2.5% of the previous month's purchases, but not to exceed $250/month. Monthly fee will be updated to be effective January lst of each year and will be constant for one complete year. Accepted: tourer . Signatwe Printed Name Title �Z-I� o3 Date 11/10,103 Item # V City of Georgetown, Texas November 25, 2008 SUBJECT: Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve a Master Services Agreement with McCord Engineering, Inc., College Station, Texas, for professional engineering services -- Thomas R. Benz , P. E., System Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations ITEM SUMMARY: Attached for your review and consideration is a Master Services Agreement (MSA) with McCord Engineering, Inc (MEI) contract. The MSA contains the basic terms governing the relationship between the City and the engineer. The MSA would have a term of one year, renewable for up to four additional terms. During the contract term, the City could issue Task Orders to the engineering firm for specific projects. The Task Orders would contain all of the details that would be specific to a certain project — e.g., scope, schedule, cost, etc. Task Orders would be approved by the authorized City representative(s) in accordance with the City's purchasing policy — which currently requires that all professional services contracts for $15,000 or greater be approved by the City Council. MEI is currently working as development electric engineer and other electric projects for the City and this MSA is an update to the existing contractual relationship. Approval of the MSA is not a guarantee of work, but approval of the MSA allows Task Orders to be issued in an expeditious way that will allow for efficient project management. GUS BOARD RECOMMENDATION: This item was recommended by the GUS Board for Council approval at the November 18, 2008, GUS Board meeting STAFF RECOMMENDATION: Staff recommends entering into an MSA with McCord Engineering, Inc. FINANCIAL IMPACT: SUBMITTED BY: Jana Kern ATTACHMENTS: MSA - McCord Engineering, Inc. Cover Memo Item # W Attachment number 1 Page 1 of 19 PROFESSIONAL SERVICES CONTRACT MASTER SERVICES AGREEMENT ENGINEERING SERVICES This is a Professional Services Contract ("Contract') between the City of Georgetown, Texas (the "CITY") and McCord Engineering, Inc. , ("Professional"), collectively referred to as the "Parties" or individually as a "Party", made for and in consideration of the payment terms and performance obligations herein described. WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Engineering Services Procurement Act" provides for procurement by municipalities of services of professional engineers; and WHEREAS, City and Professional desire to contract for such professional engineering services; and WHEREAS, City and Professional wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, for and in consideration of the mutual promises contained herein and other good and valuable consideration, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: ARTICLE 1. SERVICES TO BE PROVIDED Professional shall provide professional services (the "Services") to CITY under individual assignments ("Task Order(s)") in the general format shown in Attachment A to the Agreement. The Services that Professional may be requested to perform include professional engineering services related to electric system such as overhead electric distribution design, underground electric distribution design, substation design, transmission line design, construction specifications and bids, material specifications and bids, construction supervision, power line inspections, electric system CIP planning, general system planning, street light design, utility rate design/financial planning, power supply planning/solicitations, GIS/GPS mapping, power quality investigations, litigations, expert witness testimony, and general consultations. (a) that Professional may be requested to perform include professional engineering services such as civil engineering site services, utility line design, drainage calculations and design, street design, and related surveying, GIS mapping, investigations, studies, reports, reviews, designs, and consultations. CITY will provide a written Task Order, including a written scope of work ("Scope of Work") describing the particular tasks to be performed, to Professional for the particular task and a specific price or a formula by which the price can be determined. No Services are authorized unless authorized representatives of both Parties sign such a Task Order. This Contract does not guarantee a minimum amount Professional will be paid or a minimum number of Task Orders. (b) Notwithstanding anything to the contrary contained in this Contract, CITY and Professional agree and acknowledge that CITY is entering into this Contract in reliance on Professional's special and unique abilities with respect to performing the Services. Professional represents that there are no undisclosed obligations, commitments or impediments of any kind that will or could taint, limit or prevent performance of the Services. (c) Changes in Services. CITY may request additional Services or changes in the Services as the project progresses. If so, changes in the Scope of Work shall be initiated by a written change order ("Change Order") signed by an authorized representative of each Party. The Change Order shall describe Master Services Agreement — McCord Engineering, Inc. Page 1 Version 9.5.2008 Item # W Attachment number 1 Page 2 of 19 the Services to be added, changed or deleted and shall state the additional cost or cost reduction and schedule changes, if any. Verbal Change Orders shall have no effect, except in cases of an emergency threatening personal injury or property damage. The terms and conditions of this Contract may be modified only by a written amendment signed by an authorized representative of each Party. (d) Effect of Expiration on Task Orders. Upon expiration or earlier termination of this Contract, these terms and conditions shall continue in full force and effect with respect to any Task Order awarded under this Contract that has not been completed or otherwise terminated. ARTICLE 2. CONTRACT DOCUMENTS (a) General Definition. In order of precedence, this Contract shall consist of the following documents ("Contract Documents"): (1) All written Change Orders executed after the effective date of this Contract by an authorized representative of each Party; (2) Each Task Order executed pursuant to this Contract by an authorized representative of both Parties; (3) The Scope of Work attached to each Task Order; (4) This Contract; and (5) Any other documents specifically identified as Contract Documents. (b) Exclusion from Contract Documents. No terms and conditions submitted by Professional in connection with any proposal or proposed Task Order that conflict with the terms and conditions contained in this Contract will be considered part of the Contract Documents unless expressly accepted in writing by the CITY. ARTICLE 3. TERM This Contract is for a one (1) year period, with an option to extend for four (4) consecutive one (1) year periods, not to exceed a maximum of five (5) years. The primary term begins upon execution of this Contract by an authorized representative of the CITY. This Contract will be deemed to extend beyond its expiration or termination date with respect to any Task Order being performed under it at that time, unless the Task Order is also terminated. ARTICLE 4. SCHEDULE Time shall be of the essence for performance under this Contract. Professional agrees to perform all obligations and render the Services set forth in this Contract or any Task Order issued pursuant hereto in accordance with any timelines included in the Scope of Work, except as the Parties may otherwise mutually agree to in writing. If required by the Scope of Work, a specific Services progress schedule will be developed for each individual task in compliance with the Scope of Work. ARTICLE 5. PRICE The price to be paid for Services under any Task Order shall be a not to exceed price as agreed in a particular Task Order. ARTICLE 6. PAYMENT (a) Notwithstanding anything in this Contract to the contrary, all payments to be made by the CITY hereunder are subject to Ch. 2251 of the Texas Government Code, popularly known as the Prompt Payment Act. Payment in full for invoices shall be due within thirty (30) days from date the invoice is Master Services Agreement — McCord Engineering, Inc. Page 2 Version 9.5.2008 Item # W Attachment number 1 Page 3 of 19 received by CITY. Invoices paid more than thirty (30) days after the invoice is received are subject to a late charge of 1% per month (12% APR) on the amount of the undisputed past due balance. (b) Invoices for payment under this Contract shall be sent to: City of Georgetown Attn: Accounts Payable P.O. Box 409 Georgetown, Texas 78626 CITY's purchase order numbers shall be included prominently on each invoice. Payments may be based on completion of the Services, fulfillment of milestones, progress payments or any other method that is established in the agreed Task Order. In no event shall Professional invoice CITY more than once a month. (c) No invoice shall be considered complete or payable unless all documentation is submitted with invoice supporting reimbursable and CITY approved expenses, such as time sheets, transportation, lodging and meal expenses. Alcohol and entertainment expenses are not reimbursable. ARTICLE 7. ACCEPTANCE OF THE SERVICES When Professional can demonstrate that the Services are complete in accordance with the acceptance criteria included in the Task Order and so notifies CITY, CITY shall review the Services for general compliance with the Contract. If the Services appear to comply with the Contract requirements, and Professional has furnished any required documentation, CITY shall notify Professional in writing of Crl Y's acceptance of the services ("Acceptance of the Services"). Acceptance of the Services shall not limit nor diminish Professional's warranties and standards with respect to the Services. ARTICLE 8. JOBSITE INSPECTION If applicable to the Services and required by the CITY, Professional's representatives shall inspect the jobsite and clearly understand the requirements and risks of the Services to be performed, the jobsite conditions, traffic conditions, the proximity of high -voltage power lines, buried utilities, biological hazards and other local conditions likely to affect Professional's performance before accepting any Task Order. Acceptance of a Task Order shall constitute the Professional's certification that it has by inspection satisfied itself with respect to all such local conditions and is willing to accept all risks they impose. ARTICLE 9. INDEPENDENT CONTRACTOR Professional shall perform in all respects as an independent contractor and not as an employee, partner, joint venturer or agent of the CITY. The Services to be performed by Professional shall be subject to the CITY's review, approval and acceptance as provided in the Contract Documents, but the detailed manner and method of performance shall be under the control of Professional. The accuracy, completeness and scheduling of the Services and the application of proper means and methods for performance of the Services are entirely the responsibility of Professional. Professional shall be solely responsible for hiring, supervising and paying its employees, subcontractors and suppliers. Professional shall be solely responsible for payment of all (i) compensation, including any employment benefits, to its employees, (ii) taxes, including withholding for federal income tax purposes, employment and unemployment taxes, and (iii) such other expenses as may be owed to Professional's employees. However, because Professional's Services may be associated in the minds of the public with CITY, Professional shall ensure that all Services by its employees, subcontractors and agents are performed in an orderly, responsible and courteous manner. Upon prior notification to and written approval of CITY, Professional may hire subcontractors to perform Master Services Agreement — McCord Engineering, Inc. Page 3 Version 9.5.2008 Item # W Attachment number 1 Page 4 of 19 Services hereunder. Professional shall be responsible to CITY for the performance of all such subcontractors. The CITY reserves the right, in its sole discretion, to reject the employment by Professional of any subcontractor to which CITY has a reasonable objection. Professional, however, shall not be required to contract with any subcontractor to which it has a reasonable objection. CITY shall require any and all such subcontractors to sign contracts with Professional that bind the subcontractors to perform their subcontracts in accordance with the applicable requirements of the Contract Documents. Upon the request of CITY, Professional shall fumish CITY with copies of such subcontracts. In addition, Professional agrees that it is Professional's responsibility to ensure that such subcontractors make all appropriate tax payments or tax withholding in relation to subcontractor's employees providing Services to CITY through Professional under this Contract. Professional represents that it and its subcontractors are fully trained to perform the tasks required by this Contract and that they need no training by the CITY. ARTICLE 10. DESIGNATED PROJECT REPRESENTATIVES (a) City's Designated Representative. The City's Designated Representative for purposes of this Contract shall be designated on each Task Order. The City's Designated Representative shall coordinate all meetings and be authorized to act on City's behalf with respect to the Task Order. City or City's Designated Representative shall participate in all meetings and render decisions in a timely manner pertaining to documents submitted by Professional in order to avoid unreasonable delay in the orderly and sequential progress of Services. (b) Professional's Designated Representative. The Professional's Designated Representative for purposes of this Contract shall be acceptable to the City and designated on each Task Order. The Professional's Designated Representative shall participate in all meetings and be authorized to act on Engineer's behalf with respect to the Task Order. Professional's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by City in order to avoid unreasonable delay in the orderly and sequential progress of Services. (c ) The Parties Designated Representatives shall serve as the primary contact person for issues related to work under each Task Order. (d) Changes to a Designated Representative shall be provided in writing by one party to the other. The City retains the right at all times to approve or disapprove the Professional's Project Representative. ARTICLE 11. LICENSES AND PERMITS (a) Professional shall procure and maintain at its expense all licenses and permits necessary for it to perform the Services. (b) Professional shall ensure that its employees and subcontractors and their employees are all properly licensed to perform their respective portions of the Services. ARTICLE 12. GOVERNING LAWS. REGULATIONS & STANDARDS (a) This Contract shall be governed, interpreted and enforced under the laws of the State of Texas, without regard to its conflict of law principles. In the event of litigation between the Parties arising out of this Contract issued under it, venue for such litigation shall be in a court of competent jurisdiction in Williamson County, Texas. (b) Professional, its employees, subcontractor's and agents, shall be aware of and shall comply with the Charter of the City of Georgetown and all federal, state and local laws, ordinances, codes (including applicable professional codes) and regulations applicable to the Services, any equipment to be fabricated and delivered and for compliance with standards and codes of technical societies that have been adopted by law Master Services Agreement — McCord Engineering, Inc. Page 4 Version 9.5.2008 Item # W Attachment number 1 Page 5 of 19 or regulation or compliance with which is required to perform the Services. . If any of the Services fails to comply with such laws, ordinances, codes and regulations, Professional shall bear any expense arising from that failure, including the costs to bring the Services into compliance. Professional shall further obtain and maintain all permits and licenses required, if any, for the performance of any Services required hereunder. ARTICLE 13. INTOXICANTS & DRUGS: EMPLOYEE CONDUCT Professional shall not at any time allow personnel for whom it is responsible on the jobsite if they are under the influence of any substance that may impair their performance. Professional shall promptly remove from the jobsite any person who is or appears to be under the influence of any of these substances or is otherwise unsafe or disorderly. Professional shall ensure that its employees, subcontractors and their employees avoid excessive noise, exceeding speed limits or reckless driving, use of weapons or trespass on land not owned by or under easement to CITY. If private property must be entered or crossed to perform the Services, Professional shall obtain permission from the property owner before entering. ARTICLE 14. RISK OF LOSS (a) Professional shall bear the expense and risk of loss or damage to its work in progress, completed work, materials, equipment and all other incidents of its Services prior to Acceptance of the Services. Professional shall promptly replace or repair any loss or damage to its work at its own expense. In the event of substantial loss or damage due to Force Majeure (see Article 20 for definition), the schedules shall be equitably extended. Professional shall bear the expense of storage space for stored materials, whether on -site or off -site, and shall bear the risk of loss or damage to all such materials. Professional shall take reasonable precautions to protect its work from weather damage, burglary, pilferage, fire, theft and similar hazards. (b) Professional shall bear the risk of loss or damage to its own equipment, tools, supplies and property and those of its subcontractors and suppliers, regardless of the cause of loss or damage throughout the project. ARTICLE 15. WARRANTIES AND STANDARDS (a) Warranty of Title. Professional warrants the title to any goods it delivers to CITY incidental to the performance of the Services and that said goods will be free and clear of all liens, mortgages, security interests or other encumbrances. (b) General Standard of Performance. Professional shall perform all Services in a professional manner consistent with the usual and customary industry standards and to any higher standard required in the Contract Documents. Professional shall correct, without delay and at its own expense, any portion of the Services that does not meet the foregoing standard and that is discovered within one (1) year after Acceptance of the Services by re -performing the defective portion of the Services to the required standard of performance. Any repair, replacement or modification of the Services performed pursuant to the provisions of this paragraph shall be supplied or repaired on the same terms and conditions as provided for herein for the Services. In particular, a new correction period shall apply. Such new correction period shall expire twelve (12) months from the date of such replacement, repair or modification. (c) Intellectual Property Warranty. Professional warrants that the Services, including any deliverables associated therewith, and the processes used in performing them shall not infringe on any valid United States patent, United States copyright, trademark or trade secret. (d) Business Standing Warranty. Professional warrants, represents and agrees that if (i) it is a corporation or limited liability company, then it is a corporation duly organized, validly existing and in good standing under the laws of the State of Texas, or a foreign corporation or limited liability company duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary corporate Master Services Agreement — McCord Engineering, Inc. Page 5 Version 9.5.2008 Item # W Attachment number 1 Page 6 of 19 power and has received all necessary corporate approvals to execute and deliver the Contract, and the individual executing the Contract on behalf of Professional has been duly authorized to act for and bind Professional; or (ii) if it is a partnership, limited partnership or limited liability partnership, then it has all necessary partnership power and has secured all necessary approvals to execute and deliver this Contract and perform all its obligations hereunder; and the individual executing this Contract on behalf of Professional has been duly authorized to act for and bind Professional. ARTICLE 16. GENERAL INDEMNITY (a) PROFESSIONAL SHALL HOLD THE CITY, ITS AFFILIATES, ITS BOARDS OF DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES (JOINTLY "CLAIMS"), INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF, OR RESULTING FROM OR ARISING UNDER THIS CONTRACT, OR ANY CLAIMED DEFECT IN THE SERVICES, PROVIDED THAT ANY SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT OR GROSSLY NEGLIGENT ACT OR WILLFUL MISCONDUCT OF PROFESSIONAL, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY IT, OR ANYONE FOR WHOSE ACTS IT MAY BE LIABLE. (b) IF THE PARTIES ARE CONCURRENTLY NEGLIGENT, EACH PARTY'S LIABILITY SHALL BE LIMITED TO THAT PORTION OF NEGLIGENCE ATTRIBUTABLE TO IT AS DETERMINED UNDER THE APPLICABLE PROPORTIONATE RESPONSIBILITY RULES OF THE STATE OF TEXAS. (c) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NEITHER PARTY SHALL BE LIABLE TO INDEMNIFY THE OTHER FOR THE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE OTHER. (d) THE FOREGOING INDEMNITY PROVISIONS SHALL BE DEEMED INDEPENDENT COVENANTS AND SHALL SURVIVE COMPLETION OF OR ANY TERMINATION OF THE CONTRACT OR ANY CLAIMED BREACH THEREOF. PROFESSIONAL'S INDEMNITY RESPONSIBILITY AS SPECIFIED IN THIS ARTICLE SHALL NOT INCLUDE SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. ARTICLE 17. INTELLECTUAL PROPERTY INDEMNITY (a) PROFESSIONAL SHALL, AT ITS OWN EXPENSE, DEFEND ALL SUITS OR PROCEEDINGS INSTITUTED AGAINST CITY, ITS AFFILIATES, ITS BOARDS OF DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES BASED UPON ANY CLAIM THAT THE SERVICES, OR ANY PART THEREOF, OR THE PROCESS PERFORMED THEREBY CONSTITUTES AN INFRINGEMENT OF EITHER ANY PATENT OR COPYRIGHT OF THE UNITED STATES OR OF ANY TRADEMARK OR TRADE SECRET PROTECTED BY EITHER FEDERAL OR STATE LAW. PROFESSIONAL SHALL PAY ALL AWARDS OF DAMAGES ASSESSED WHICH RESULT FROM ANY SUCH CLAIM, SUIT OR PROCEEDING AND SHALL INDEMNIFY AND SAVE CITY HARMLESS AGAINST LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), AND DAMAGES RESULTING FROM ANY SUCH CLAIM, SUIT OR PROCEEDING, INCLUDING OBEDIENCE TO RESULTING DECREES AND TO RESULTING COMPROMISES. (b) IF, IN ANY SUCH SUIT, A RESTRAINING ORDER OR TEMPORARY INJUNCTION IS GRANTED, PROFESSIONAL SHALL MAKE EVERY REASONABLE EFFORT, BY GIVING A SATISFACTORY BOND OR OTHERWISE, TO SECURE THE SUSPENSION OF ANY SUCH RESTRAINING ORDER OR TEMPORARY INJUNCTION. IF, IN ANY SUCH Master Services Agreement — McCord Engineering, Inc. Page 6 Version 9.5.2008 Item # W Attachment number 1 Page 7 of 19 SUIT, THE SERVICES OR ANY PART THEREOF OR THE PROCESS PERFORMED THEREBY IS HELD TO CONSTITUTE AN INFRINGEMENT AND ITS USE BE PERMANENTLY ENJOINED, PROFESSIONAL SHALL AT ONCE MAKE EVERY REASONABLE EFFORT TO SECURE FOR CITY A LICENSE AT PROFESSIONAL'S EXPENSE AUTHORIZING THE CONTINUED USE OF THE ALLEGED INFRINGING PORTION OF THE SERVICES. IF PROFESSIONAL IS UNABLE TO SECURE SUCH LICENSE WITHIN A REASONABLE TIME, PROFESSIONAL SHALL, AT ITS OWN EXPENSE AND WITHOUT IMPAIRING PERFORMANCE REQUIREMENTS, EITHER PROVIDE NON -INFRINGING REPLACEMENTS OR MODIFY THE SERVICES TO ELIMINATE THE INFRINGEMENT. IN ADDITION TO INDEMNIFYING AND SAVING CITY HARMLESS, PROFESSIONAL SHALL REIMBURSE CITY FOR ANY COSTS INCURRED AS A RESULT OF THE UNAVAILABILITY OF THE INFRINGING ITEM OR ITS NON - INFRINGING REPLACEMENT. ARTICLE 18. INDEMNITY PROCEDURES Promptly after receipt by any entity entitled to indemnification of notice of the commencement or threatened commencement of any civil, administrative or investigative action or proceeding involving a claim for which the indemnitee seeks indemnification, it shall notify the indemnitor of such claim in writing. No failure to so notify an indemnitor shall relieve the indemnitor of its obligations under this Contract except to the extent that the indemnitor can demonstrate damages attributable to such failure. Within fifteen (15) days following receipt of written notice from the indemnitee relating to any claim, but no later than ten (10) days before the date on which any response to a complaint or summons is due, the indemnitor shall assume control of the defense and settlement of that claim. ARTICLE 19. INSURANCE Professional shall obtain and maintain the insurance coverage specified below on an occurrence -basis and shall provide to CITY a copy of the insurance policies listing the coverage before starting Services. THE COVERAGE SHALL NOT BE CONSTRUED AS ESTABLISHING OR LIMITING PROFESSIONAL'S LIABILITY UNDER THE INDEMNITY PROVISION. Professional for itself and its insurers hereby waives subrogation against CITY, its affiliates, their Boards of Directors, directors, officers, employees and agents with respect to General Liability, Auto and Workers Compensation insurance. Professional's failure to maintain the required insurance coverage at any time during the Contract period may be grounds for CITY to suspend the Contract and withhold payment until insurance coverage is satisfactory. In addition to any other required information, all insurance policies must contain the applicable purchase order number and project title. Failure to furnish or update (as applicable) insurance policies that comply with CITY requirements may result in retraction of a contract award, or suspension or termination for breach of contract. The Professional's insurance coverage shall be primary insurance with respect to the City, its affiliates, their boards of directors, officers, agents, employees and volunteers. Any insurance or self-insurance maintained by the City, its affiliates, their boards of directors, officers, agents, employees and volunteers, shall be considered in excess of the Professional's insurance and shall not contribute to it. The Professional shall include all subcontractors as additional insureds under his policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. General Liability, Automobile Liability, and Professional Liability insurance shall be written by a carrier with an A:VM or better rating in accordance with the current Best Key Rating Guide. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. Master Services Agreement — McCord Engineering, Inc. Version 9.5.2008 Page 7 Item # W Attachment number 1 Page 8 of 19 Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. The City, its affiliates, their boards of directors, officers, agents and employees are to be added as "Additional Insured" on all policies other than the Workers' Compensation. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, or volunteers. A Waiver of Subrogation in favor of the City of Georgetown with respect to Workers' Compensation insurance must be included. Contractor shall be responsible for paying all valid claims, regardless of the amount of any deductible or whether insurance coverage is available. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Georgetown. Type of Insurance (a) Workers' Compensation Coverage A - Coverage B - (b) General Liability Bodily Injury Bodily Injury Property Damage (c) Automobile Liability Minimum Coverage statutory $ 250,000 employer's liability $ 500,000 per person $1,000,000 per occurrence $1,000,000 per occurrence (including owned or leased vehicles) Bodily Injury $1,000,000 per occurrence Property Damage $ 500,000 per occurrence The automobile liability coverage shall apply to owned, non -owned, hired and leased vehicles. (d) Professional Liability $2,000,000 per claim With approval of the City's Risk Manager, a Claims Made Policy may be accepted for Professional Liability Insurance, provided that the deductible limit shall not exceed $15,000.00 . (e) Copies of Policies. Before Services begin, a copy of the policies for all required insurance shall be filed with the CITY Purchasing Agent. (f) Other Insurance. Other or different insurance requirements shall be specified in a Task Order. Master Services Agreement — McCord Engineering, Inc. Page 8 Version 9.5.2008 Item # W Attachment number 1 Page 9 of 19 ARTICLE 20. FORCE MAJEURE (a) The nonperformance or delayed performance by Professional or CITY of any obligation under the Contract shall be excused if such nonperformance or delay is caused by an event beyond the control of the affected Party ("Force Majeure"), except to the extent that Professional knew of or should reasonably have been able to foresee such an event and failed to take reasonable measures to avoid the event. Items beyond the control of the Parties include, but are not limited to: acts of war, acts of a public enemy, acts of domestic or foreign terrorism, natural disasters, strikes, epidemics or quarantine restrictions, not, or sabotage and acts of civil or military authority having jurisdiction. (b) Upon occurrence of a Force Majeure event, the date for performance of the Services shall be extended for a period equal to the time lost by reason of the delay, provided Professional or CITY has taken reasonable steps to proceed with the performance of the Contract and has made written notification of such delay and of any corrective action taken. Professional shall not be entitled to any increase in compensation by reason of Force Majuere. (c) The following delays shall not constitute excusable delays in performance by Professional and shall not constitute a reason for extending the date for performance of the Services: (1) Delays by subcontractors or by suppliers for reasons other than Force Majeure; (2) Delays in approval of documentation because of inadequate performance or to unrealistic approval schedules; or (3) Delays caused by Professional's lack of sufficient personnel with the necessary skills. ARTICLE 21. GENERAL SAFETY, ENVIRONMENTAL AND SITE OPERATIONS REQUIREMENTS (a) General. Professional, its employees and subcontractors shall perform all work required by this Contract in a safe and healthy manner. During the course of the work, the Professional shall comply with and enforce all laws, rules, regulations and industry practices applicable to worker safety and health. (b) Scope of Health and Safety Requirements. Professional will manage all of Professional's employees and subcontractors on site and will be accountable for their employees' and subcontractors' performance with respect to health and safety. (c) Mandatory Health and Safety Conditions. (1) Training/Qualification - Professional, its employees and subcontractors performing work on site shall be properly trained and qualified to perform the work they are expected to perform, and have received the necessary certifications and other credentials necessary to perform the work, as required. (2) Safety Orientation — Professional shall ensure all of its employees and subcontractors on site shall attend a safety orientation prior to the start of work. If any workers fail to attend the initial safety orientation, Professional shall designate an employee (e.g., site superintendent) to provide the orientation before those workers shall be allowed to start work. All safety orientations shall be documented and maintained for inspection. Safety orientation is only required once unless otherwise needed, or the Scope of Work changes. (d) Warnings & Barricades. Professional shall famish, erect and maintain warning notices, signs, signals, lights, protective guards, enclosures, platforms and other devices as necessary to adequately protect all personnel on site; including but not limited to employees, subcontractors, other professionals, CITY workers and the public. Master Services Agreement — McCord Engineering, Inc. Page 9 Version 9.5.2008 Item # W Attachment number 1 Page 10 of 19 (e) Personal Protective Equipment (PPE) & Safety Equipment. Professional shall ensure all contract employees and subcontractors are trained on and equipped with appropriate PPE and safety equipment (i.e. lanyards, harnesses, monitoring equipment, rescue equipment, fire extinguishers, etc.). (f) Periodic Inspections. Professional shall conduct regular health and safety inspections of the work area(s) and work being performed. CITY, or its agent, reserves the right to inspect the work site(s) at any time and without prior notice to Professional. (g) Safety Communications (1) Safety meetings — Professional shall ensure that all hazards and protective measures associated with the work being performed on site are properly communicated to all personnel on site. Professional shall conduct regular health and safety meetings. A copy of the minutes of such meetings shall be submitted to CITY, upon request. Professional is responsible for providing an interpreter if necessary to ensure its communications are understood by all workers. (2) Communications with CITY — The City's Designated Representative shall be the point of communication for all safety and health issues arising under this Contract. Professional shall communicate with the City's Designated Representative in the event of any of the following conditions: • Professional shall inform City's Designated Representative twenty-four (24) hours prior to any activity that could adversely affect a business organization. Examples of these "activities" include but are not limited to welding, painting, fire protection, system maintenance/repair and any activity impacting emergency systems/egress routes. City's Designated Representative will make all reasonable efforts to inform any parties potentially impacted by the activities. • Professional shall immediately inform the City's Designated Representative of all federal, state and local safety inspections, citations and penalties associated with the work. • Professional shall immediately notify the City's Designated Representative by verbal, person to person communication, in the event of any incident that results in a death, serious bodily injury or serious property damage related to any aspect of the project. Minor incidents and near -misses must be promptly communicated to the Project Contact. • Professional shall investigate all incidents resulting in personal injury or illness, property damage, or near -misses to determine the root causes and shall take appropriate action to eliminate such causes. A copy of the final investigation report shall be promptly submitted to the Project Contact. (3) Coordination with Other Officials — Professional is fully responsible for coordinating with the proper authorities for moving heavy equipment, location of underground utilities, erecting barricades, traffic control and other safety measures, unless otherwise specified. (4) Communications with Media Restricted - In the event of an accident or other condition on site, Professional shall not communicate with the media or any other entity without the expressed consent of the CITY. (h) SUSPENSION OF WORK AND LIMITATION OF LIABILITY. CITY RESERVES THE RIGHT THROUGH THE CITY'S DESIGNATED REPRESENTATIVE TO SUSPEND ALL OR ANY PORTION OF THE WORK BEING PERFORMED IN VIOLATION OF THESE PROVISIONS. CITY SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) WARRANTY OR UNDER ANY OTHER LEGAL THEORY) FOR JUDGMENTS, DAMAGES, COSTS OR EXPENSES RELATED TO ANY SUSPENSION OR STOPPAGE OF WORK, LOSS OF BUSINESS, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH ANY Master Services Agreement — McCord Engineering, Inc. Page 10 Version 9.5.2008 Item # W Attachment number 1 Page 11 of 19 FAILURE ON THE PROFESSIONAL'S PART TO ESTABLISH, ENFORCE OR ADEQUATELY MONITOR ITS HEALTH AND SAFETY PROGRAM. (i) Preliminary Submittals. Within ten (10) days after the effective date of the Contract and no later than the preconstruction conference, Professional shall submit to City's Designated Representative for review: (1) A letter designating onsite safety representative for general safety and specific activities; and (2) If applicable, a site safety plan to include plans for specific activities. (j) Other Requirements. Professional shall promptly settle rightful claims from counties, municipalities or private parties for road damage caused by trucks or heavy equipment driven to and from the job sites by third -party property by Professional, subcontractors or suppliers, or employees of any of them. If Professional fails to settle such claims promptly, CITY shall have the right to settle the claims and withhold the amount paid plus CITY's costs and expenses from Professional's payments under the Contract. (k) Environmental. Professional is solely responsible for all costs incurred by CITY for any spills or leaks caused by Professional or its subcontractors or consultants during performance of, or in connection with the Services. Without limiting the foregoing sentence, Professional shall be responsible for all costs incurred to contain, remediate and restore the site of the spill according to applicable state and federal laws and regulations, and if on CITY's property, according to CITY's requirements. CITY shall be responsible for all notifications required by federal, state or local law or regulation. The CITY shall identify to Professional the site supervisor (if applicable) and facility environmental manager (if applicable). Professional shall immediately notify the site supervisor, City's Designated Representative and the facility environmental manager with the nature and location of the spill. Professional shall provide a written report to CITY whose representative shall identify the substance, quantity released, location of the spill and perform clean up and remediation activities. If the spill occurs off the CITY's property, then the Professional shall also notify the CITY of any agencies notified and the representatives of the agencies contacted. The report shall be a narrative that summarizes on -scene activity and remediation efforts. If long-term remediation will be required, it shall be noted in the report. The initial report shall be provided to CITY within 24 hours after the incident. Follow-up reports shall be provided to CITY weekly until remediation efforts have been completed and the spill has been properly remediated. PROFESSIONAL SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY AND ALL LIABILITIES, INCLUDING, BUT NOT LIMITED TO, REMEDIATION COSTS, FINES, PENALTIES, COURT COSTS AND ATTORNEYS' FEES RESULTING FROM SPILLS, RELEASES, IMPROPER HANDLING AND/OR DISPOSAL OF WASTES BY PROFESSIONAL, ITS SUBCONTRACTORS AND/OR CONSULTANTS. (1) Confined Space Entry. Professional will perform confined space entries in strict accordance with OSHA 1910.146 Confined Space Standard. All Professional entries will be performed under the guidelines of the contractor's confined space program, which should include but not be limited to, all required personnel training, confined space monitoring and evaluation, entry tag system or any personnel protective equipment required by confined space conditions. All entries will be coordinated with the City's Designated Representative or System Operations Dispatcher to assure proper isolation and/or de -energizing of the confined space is performed. (m) Surplus Material. Unless otherwise directed through written instructions issued by CITY, Professional shall promptly remove all excess surplus material from the job site. Final payment for performance of the work shall not be due and payable until such materials are removed from the job site. Master Services Agreement — McCord Engineering, Inc. Page 11 Version 9.5.2008 Item # W Attachment number 1 Page 12 of 19 If surplus materials are not removed from the job site within thirty (30) days of completion of the work, CITY may dispose of the materials and offset the cost associated with disposal against the unpaid balance of the Contract price. (n) Cleaning Jobsite. Professional shall clean the job site daily. (o) Facility Equipment Clearance and Lock Out Procedures. Facility Equipment Clearance and Lock Out Procedures shall be followed. Clearances shall be acquired by Professional and CITY personnel when required prior to performing work on any equipment. Professional shall be responsible for providing company locks. Professional's locks shall be clearly identified and shall have a tag for employee to print name. ARTICLE 22. ASSIGNMENT This Contract is to be considered a personal Services Contract. Professional may not assign this Contract without the consent of CITY. Any permitted assignee must notify the CITY in writing that it accepts the assignment on the same terms and conditions contained in this Contract. No permitted assignment shall limit Professional's responsibility for performance of this Contract. Attempted assignment or delegation of this Contract, including obligations under it, without the written consent of CITY shall be void, and not merely voidable. ARTICLE 23. OWNERSHIP OF DELIVERABLES (a) The Parties agree that such items as plans, drawings, photographs, designs, studies, specifications, data, computer programs, schedules, technical reports or other work products which are developed and specified to be delivered under this Contract and which are paid for by CITY are considered instruments of services in respect of the Contract, but are subject to the rights of the CITY under this Contract. These rights include, but are not limited to the right to use, duplicate and disclose such items, in whole or in part, for the purpose of completing, maintaining and operating any building, structure, plant, equipment or system that may result from the performance of this Contract. If an item produced by Professional is copyrightable, Professional may copyright it, subject however to the rights of the CITY under this Contract. CITY is hereby granted and assigned a royalty free, non-exclusive, and irrevocable license to reproduce, publish, modify and use such items and to authorize others to do so solely for CITY's business purposes. Professional shall include in its subcontractor and consultant contracts, appropriate provisions to achieve the purposes set out here. (b) Intellectual property and rights to intellectual property owned by any Party on the date of this Contract shall remain the property of that Party. (c) PROFESSIONAL DOES NOT REPRESENT OR WARRANT THAT ANY DELIVERABLES WILL BE SUITABLE FOR REUSE ON ANY OTHER PROJECT. PROFESSIONAL DISCLAIMS LIABILITY FOR ANY REUSE OF THE DELIVERABLES ON ANY OTHER PROJECT THAT IS DONE WITHOUT THE EXPLICIT, WRITTEN APPROVAL OF THE PROFESSIONAL. ARTICLE 24. TERMINATION FOR CONVENIENCE (a) CITY shall have the right to terminate this Contract for its convenience at any time. After receipt of the notice of termination, the Professional shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due at that point in the Contract: (1) Stop all ongoing Services; (2) Place no further subcontracts or orders for materials or Services; Master Services Agreement — McCord Engineering, Inc. Version 9.5.2008 Page 12 Item # W Attachment number 1 Page 13 of 19 (3) Terminate all subcontracts; (4) Cancel all materials and equipment orders, as applicable; and (5) Take any action that is necessary to protect and preserve all property related to this Contract that is in the possession of the Professional. (b) In the event of a termination under paragraph (a) of this Article, CITY shall pay equitable termination charges, including payment for portions of Services completed and materials purchased, profit on completed portions, and out-of-pocket costs that have been reasonably incurred by Professional as a result of terminating this Contract. CITY shall not be liable in connection with any termination under this Article for special, incidental, consequential or punitive damages, or for loss of anticipated future Services, anticipated profits, administrative costs or overhead on anticipated Services, or other indirect costs. ARTICLE 25. TERMINATION FOR CAUSE (a) The occurrence of any one or more of the following events will constitute an event of default: (1) Professional's persistent failure to perform the Services in accordance with the Contract Documents (including, but not limited to, failure to supply sufficiently skilled workers, suitable materials or equipment, or to adhere to project schedules as adjusted from time to time pursuant by the Parties); (2) Professional's disregard of applicable laws or regulations; (3) Professional's disregard of the authority of CITY's Designated Representative; (4) Professional's violation in any material way of any provisions of the Contract Documents; (5) Failure of Professional to pay subcontractors and/or material suppliers; or (6) Professional's violation of CITY's Ethics Ordinance (City Code of Ordinances Chapter 2.26) or any ethics policies that are applicable to City employees). (b) If one or more of the events identified in paragraph (a) occur, CITY may terminate this Contract if after giving Professional (and the surety, if any) seven (7) calendar days prior written notice, unless such event of default shall have been cured. (c) If this Contract has been so terminated by CITY, the termination will not affect any rights or remedies of CITY against Professional or any surety then existing or which may thereafter accrue. No retention or payment of moneys due Professional by CITY will release Professional from liability. (d) In such a circumstance, CITY shall notify Professional in writing of the termination, with copies of the notice to CITY's jobsite personnel. ARTICLE 26. SUSPENSION (a) CITY may, at any time and at its sole option, suspend all or any portions of the Services to be performed under this Contract by providing ten (10) calendar days written notice to the Professional. Upon receipt of any such notice, Professional shall: (1) Immediately discontinue the Services on the date and to the extent specified in the notice; (2) Place no further orders or subcontracts for materials, Services or facilities with respect to the suspended portion of the Services, other than to the extent necessary to protect any portion of the Services already performed; (3) Promptly make every reasonable effort to obtain suspension, upon terms satisfactory to CITY, of all orders, subcontracts and rental agreements to the extent that they relate to performance of the portion of Services suspended by the notice; Master Services Agreement — McCord Engineering, Inc. Version 9.5.2008 Page 13 Item # W Attachment number 1 Page 14 of 19 (4) Continue to protect and maintain the portion of the Services already completed, including the portion of the Services suspended hereunder, unless otherwise specifically stated in the notice; and (5) Continue to perform Professional's obligations for the portions of the Services not suspended. (b) As full compensation for such suspension, Professional will be reimbursed for the following costs, reasonably incurred, without duplication of any item, to the extent that such costs actually result from such suspension of Services. (1) A reasonable standby charge to be negotiated between CITY and the Professional sufficient to compensate Professional for keeping (to the extent required in the notice) its organization and equipment committed to the Services in a standby status; (2) All reasonable costs associated with demobilization of Professional's facility, forces and equipment; and (3) A reasonable amount to be negotiated between CITY and the Professional to reimburse the Professional for the cost of maintaining and protecting that portion of the Services upon which activities have been suspended. (c) Upon receipt of notice to restart the suspended portion of the Services, Professional shall immediately resume performance on the suspended portion of the Services to the extent required in the notice. Within fourteen (14) calendar days after receipt of notice to restart the suspended portion of the Services, the Professional shall submit a revised schedule for approval by CITY. If, as a result of any suspension, the cost to Professional of subsequently performing the Services or the time required to do so is changed, a claim for an adjustment in the Contract price may be made. Any claim on the part of Professional for change in price or extension of time shall be made in accordance with this Contract. ARTICLE 27. DISPUTE RESOLUTION The Parties agree that in the event of a dispute concerning the performance or non-performance of any obligations flowing from or as a result of this Contract and prior to the initiation of any litigation, the Parties will voluntarily submit the dispute to an agreed mediation center or mediator for mediation as though it were referred through the operation of the Texas Alternative Dispute Resolution Procedures Act, Title 7, Chapter 154, TEX. CIV. PRAC. & REM. ANN., (Vernon's 1986). No record, evidence, statement or declaration resulting from or in connection with such alternate dispute resolution procedure may be used in evidence in subsequent litigation except to demonstrate that this Article has been complied with in good faith by a Party. Professional shall proceed diligently with performance of the Contract, pending final resolution of any request for relief, claim, appeal, or action arising under the Contract. ARTICLE 28. NOTICES All notices or other communications required under this Contract must be made in writing and sent either by personal delivery, registered or certified mail (in each case with return receipt requested and postage prepaid), nationally recognized overnight courier (with all fees prepaid), facsimile, or e-mail the other Party. Changes to name or address for notice are not effective unless they are in writing and provided to the other party in the same manner as other notices under this Contract. Notice is effective only sent using one of the methods specified above and if actually received. CITY: PROFESSIONAL: City of Georgetown McCord Engineering, Inc. Attn: Thomas R. Benz, P.E., Systems Engineering Manager Attn: Jimmy D. McCord, P.E. P.O. Box 409 916 Southwest Pkwy. E. Master Services Agreement — McCord Engineering, Inc. Version 9.5.2008 Page 14 Item # W Attachment number 1 Page 15 of 19 Georgetown, TX 78626 Fax No.: 512-930-3559 E-Mail:tbenz@georgetowntx.org with a copy to: Marsha Iwers P.O. Box 409 Georgetown, TX 78626 Fax No. 512-930-9027 E-Mail: mei@georgetowntx.org ARTICLE 29. TITLES AND SECTION HEADINGS College Station, TX 77842 Fax No.: 979.764.964 E-Mail: jmccord@mccordeng.com The titles and section headings of this Contract are included for convenience only and shall not be deemed to constitute a part of this Contract. ARTICLE 30. INTERPRETATION AND RELIANCE While this Contract form was initiated by CITY, Professional had the opportunity to take exception to and seek clarification of it. Thus, this Contract is the product of negotiations between the Parties. No presumption will apply in favor of any Party in the interpretation of this Contract or in resolution of any ambiguity of any provision. ARTICLE 31. FAILURE TO ACT No action or failure to act by either Party shall be a waiver of a right or duty afforded under the Contract, nor shall such action or failure to act constitute a breach of this Contract, except as specifically agreed to in writing. ARTICLE 32. CONTRACT NON-EXCLUSIVE The Contract is not exclusive. Professional has the right to perform Services for others during the term of the Contract, and CITY has the right to hire others to perform the same or similar tasks. ARTICLE 33. THIRD PARTY BENEFICIARIES There are no third party beneficiaries to this Contract and the provisions of this Contract shall not create any legal or equitable right, remedy or claim enforceable by any person, firm or organization other than the Parties and their permitted successors and permitted assigns. ARTICLE 34. MITIGATION OF DAMAGES In all cases the Party establishing or alleging a breach of contract or a right to be indemnified in accordance with this Contract shall be under a duty to take all necessary measures to mitigate the loss which has occurred, provided that it can do so without unreasonable inconvenience or cost. ARTICLE 35. SEVERABILITY This Contract is severable and if any one or more parts of it are found to be invalid, such invalidity shall not affect the remainder of this Contract if it can be given effect without the invalid parts. Master Services Agreement — McCord Engineering, Inc. Page 15 Version 9.5.2008 Item # W Attachment number 1 Page 16 of 19 ARTICLE 36. NON -COLLUSION; PROHIBITED FINANCUL INTERESTS; PROHIBITED POLITICAL INFLUENCES Professional warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Professional, to solicit or secure this Contract, and that the/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduce from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Professional covenants and represents that Professional, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. Professional hereby represents and warrants to City, with the intention that City rely on this representation in entering this Contract, that no portion of any payment to Professional by City pursuant to this Contract shall be: (1) used as a bribe, kickback, rebate, or illegal political contribution of the purpose of obtaining political influence; or (ii) in violation of applicable regulations, tax laws or regulations or other laws of any jurisdiction. Professional hereby represents and warrants to City that Professional shall not perform any work or services for a third party that is potentially or actually related to, connected to, a part of, or integral to the work or services that it has performed is or is performing for the City under a Task Order. Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to the attention of the City, and Professional agrees that the City shall be the sole judge as to whether a conflict or potential conflict of interest with work for private parties or Developer work exists. If in the judgment of the City such a conflict or potential conflict between City work and Developer work exists, then Professional agrees to terminate all work under the affected Task Order(s) immediately and that it shall not be eligible for payment for such services. ARTICLE 37. INTEGRATION & CONTRACT MODIFICATION This Contract, including its exhibits and Task Orders issued pursuant to it, contains the entire and integrated agreement between Professional and CITY as to their subject matter and supersedes all prior negotiations, correspondence, understandings, representations and agreements, written or oral, related to it. In case of conflict between the terms and conditions of this Contract and those of any standard sales forms presented by Professional or such forms appearing in or referenced by Professional's bid or proposal, the terms and conditions of this Contract shall prevail. The terms and conditions of this Contract can be modified only by a writing signed by an authorized representative of both Professional and CITY. ARTICLE 38. APPROVAL Task Orders that exceed $15,000 (either initially or through a change order) must be approved by the City Council before they become effective. Change orders to Task Orders or contracts must be approved by the City Council if they exceed $15,000, either separately or in the aggregate. Change orders and Task Orders must be executed by an authorized representative of each Party. The City may unilaterally adjust the dollar amounts in this Article based on changes in state law or in Council approved purchasing and contracting policies; notice of any such adjustments shall be provided to Professional. Master Services Agreement — McCord Engineering, Inc. Page 16 Version 9.5.2008 Item # W Attachment number 1 Page 17 of 19 ARTICLE 39. SECURITY AT CITY JOB SITE Professional shall provide a list of names of its and its subcontractor's employees to the CITY project manager prior to commencing work at any CITY facility. The employee will only be allowed on any CITY job site, if the employee is able to show photo identification and their name is on the list. Any addition or deletion must be provided to the CITY project manager. THE CITY OF GEORGETOWN, TEXAS: PROFESSIONAL: McCord Engineering, Inc. By: Name: George G. Garver Title: Mayor Date: ATTEST: Sandra D. Lee, City Secretary APPROVED AS TO FORM: Patricia E. Carls, City Attorney Attachment A -- Task Order Master Services Agreement — McCord Engineering, Inc. Version 9.5.2008 LIM Name: Jimmy D. McCord, P.E. Title: President/Owner Date: Pa-e 17 Item # W Attachment number 1 Page 18 of 19 ATTACHMENT A TASK ORDER City's Designated Representative City of Georgetown P.O. Box 409 Georgetown, Texas 78627 General Description of Services or Project: City Provided Information or Work: The City shall provide the following services or perform the following work (describe): Any documents or information related to the Work/Services provided by the City to the Professional, including, without limitation, engineering studies, maps, reports, filed data, notes, plans, diagrams, sketches, or maps (the "Information") is and shall remain the property of the City, and Professional shall have no ownership or other interest in same. The Professional shall deliver to the City, if requested, a written itemized receipt for the Information, and shall be responsible for its safe keeping and shall return it to the City, upon request, in as good condition as when received, normal wear and tear excepted. Scope of Work: (describe in detail using additional or separate sheets if necessary): Master Services Agreement - Engineering Version 1.31.2008 Attachment A Page 1 Item # W Attachment number 1 Page 19 of 19 Statement Regarding Non -Collusion; Prohibited Financial Interests; Prohibited Political Influences: (Per Article 36 in the Master Service Agreement): Professional hereby represents and warrants to City that Professional shall not perform any work or services for a third party that is potentially or actually related to, connected to, a part of, or integral to the work or services that it has performed is or is performing for the City under this Task Order. Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to the attention of the City, and Professional agrees that the City shall be the sole judge as to whether a conflict or potential conflict of interest with work for private parties or Developer work exists. If in the judgment of the City such a conflict or potential conflict between City work and Developer work exists, then Professional agrees to terminate all work under the affected Task Order(s) immediately and that it shall not be eligible for payment for such services. Compensation: (Pick one) 0 Time and Materials with Amount Not to Exceed: - Services to be provided at rates shown on Exhibit B in an amount not to exceed $ DOLLARS and CENTS. [_l Lump Sum: Services to be provided at rates shown on Exhibit B in an amount not to exceed $ DOLLARS and ZERO CENTS. APPROVED: CITY OF GEORGETOWN a Name: Title: City Designated Representative Address: Phone: Fax: E-mail: Date: Master Services Agreement - Engineering Version 1.31.2008 PROFESSIONAL 0 Name: Title: Professional Designated Representative Address: Phone: Fax: E-Mail: Date: Attachment A Page 2 Item # W City of Georgetown, Texas November 25, 2008 SUBJECT: Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve Task Order No. MEI-08-001 with McCord Engineering, Inc, of College Station, Texas, pursuant to the terms of the Master Services Agreement, for professional services related to General Electrical Engineering, Electric System Mapping, CIP Planning, and Master Planning of the City of Georgetown's Electrical System for an amount not to exceed $290,000.00 -- Thomas R. Benz , P. E., System Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations ITEM SUMMARY: The City has contracted with McCord Engineering, Inc. for professional services. Pursuant to the Master Services Agreement, Task Order MEI-08-001 (attached) defines the scope of work. In general, the scope is as follows: 0 General Engineering:($ 35,000.00) Provides for general engineering support of GUS staff for non- specific projects. 0 Electric System Mapping: ($130,000.00) Provides a system model of the GUS' electric distribution system in the Milsoft's WindMil Software Format. Data of new development additions and changes to the electric system will be field collected via Global Positioning System (GPS) and this data will be used to update the system model. This task will collect all facilities installed since June '06 and import into the system model. This task will continue on a project -by -project basis until such time GUS staff is able to take over ownership of task. 0 Five Year CIP Planning: ($ 75,000.00) Develop a five year CIP plan for the electric system. The plan will include specific projects for the first two fiscal years (200912010 and 20101201 ]),and general budget dollars for the remaining three years 0 Strategic Master Planning: ($ 50,000.00) Continue working with GUS to complete a comprehensive plan to facilitate the ultimate loading of the electric system based on the grow -out of their electric service territory. This long-range plan can then be utilized as a base line planning tool for future CIP updates. GUS BOARD RECOMMENDATION: This item was recommended by the GUS Board for Council approval at the November 18, 2008, GUS Board meeting. STAFF RECOMMENDATION: Staff recommends entering into the task order with McCord Engineering, Inc. FINANCIAL IMPACT: FINANCIAL ]IMPACT: Funds for this expenditure are budgeted in the Electric Department CIP: Available Budget Fund Actual Budget Balance 610-9-0580-90-022 $160,000.00 $210,000.00 $210,000.00 General Engineering 610-9-0580-90-100 $130,000.00 $130,000.00 $130,000.00 GIS Mapping Cover Memo Item # X SUBMITTED BY: Jana Kern ATTACHMENTS: MEI Task Order MEI-08-001 Cover Memo Item # X Attachment number 1 Page 1 of 3 TASK ORDER — GENERAL ENGINEERING — MEI-08-001 Tom Benz City of Georgetown P.O. Box 409 Georgetown, Texas 78626 General Description of Services or Project: The below tasks outline multiple services for provided support to the GUS electric staff by McCord Engineering. The City's project managers are Ken Arnold, Paul Elkins and Tom Benz, and the McCord project manager is Rex Woods. Costs associated with each bulleted item below area Time and Materials with Amount Not to Exceed: - For services to be provided at rates shown on Exhibit B. City Provided Information or Work: The City shall provide the following services or perform the following work (describe): • Current electric distribution system information • Scheduling and facilities for necessary meetings • Bid documents requiring review • General documents and information to review as requested by GUS staff. • Historical electric system loading information for each substation and feeder • Previous CIP projects' completion status along with required carryover projects. Any documents or information related to the Work/Services provided by the City to the Professional, including, without limitation, engineering studies, maps, reports, filed data, notes, plans, diagrams, sketches, or maps (the "Information") is and shall remain the property of the City, and Professional shall have no ownership or other interest in same. The Professional shall deliver to the City, if requested, a written itemized receipt for the Information, and shall be responsible for its safe keeping and shall return it to the City, upon request, in as good condition as when received, normal wear and tear excepted. ➢ General Engineering: ($ 35,000.00) This item provides for general engineering support of GUS stafffor non specific projects. ♦ Bid review and recommendations ♦ General construction specifications and standards ♦ General planning and strategic planning meetings on electric system status ♦ General electric system model evaluation and review utilizing the Milsoft Windmil model for switching and capacity evaluations ♦ GUS electric staff support as required on non specific projects ➢ Electric System Mapping: ($130,000.00) This item provides a system model of the GUS' electric distribution system in the Milsoft's WindMil Software Format. Data of new development additions and changes to the electric system will be field collected via Global Positioning System (GPS) and this data will be used to update the system model. This task will collect all facilities installed since June '06 and import into the system model. This task will continue on a project by project basis until such time GUS staff is able to take over ownership of task. Master Services Agreement - Engineering Attachment A Version 2.07.2008 Pagftedn # X Attachment number 1 Page 2 of 3 ♦ Field collection of data for all new meters, poles, transformers, switchgear, street lights and other miscellaneous facilities via the Global Positioning System (GPS) utilizing survey grade GPS equipment. ♦ Filter field data for quality control, perform primary and secondary connections of newly imported data and prepare data for import into the Milsoft Windmil electric system model and insure correct connectivity of model. ♦ Update the land base drawing with plats of new development projects and roadway additions or changes. ♦ Furnish GUS with weekly reports and system updates. ➢ Five Year CIP Planning: ($ 75,000.00) This item is to develop a five year CIP plan for the electric system. The plan will include specific projects for the first two fiscal years (200912010 and 201012011), and general budget dollars for the remaining three years ♦ Work with GUS Energy Services staff to ensure that the new Milsoft Windmil model is calibrated with actual field measurements. ♦ Review the electric system for any voltage issues, overloaded conductor, power factor correction needs during both peak load and off peak load, and circuit load balancing using the new Milsoft Windmil model and recommend system improvements to alleviate any electric system inefficiencies discovered. ♦ Review system failure contingency scenarios for substation power transformer and system main feeder circuits. Determine system improvements to remedy operational contingency situations. ♦ Perform analysis of electric system fault current, relaying, power bank loading and sectionalization based on recent developments or CIP projects. ♦ Identify any long lead time equipment requirements for each CIP project. ♦ Review and recommend the system configuration that will maximize load placed GUS owned power transformers. ♦ Prioritize in relation to severity, develop conceptual cost estimates, and prepare documentation for each proposed CIP project that will enable GUS staff to present the CIP to GUS Board and City Council. ➢ Strategic Master Planning: ($ 50,000.00) This item is to continue working with GUS to complete a comprehensive plan to facilitate the ultimate loading of the electric system based on the grow -out of their electric service territory. This long range plan can then be utilized as abase line planning tool for future CIP updates. Under future task orders MEI will review the timing for each recommended project yearly. A revision to the timing or scope will occur if a major land use change or system requirement deem necessary. MEI will review this plan every three years and update plan as required based on actual system changes. ♦ The electric system ultimate loading is to be applied to the electric system based on electric load per acre developed for each loading district. ♦ Provide recommendations for future ultimate system operation voltage levels, future substation locations and sizes, and future feeder sizes. Each recommendation will be determined by reviewing conceptual costs of each alternative. ♦ Timing for each recommendation will be estimated and prioritized based on anticipated severity followed by meetings with GUS Energy Services staff to review and refine recommendations and preparation of documentation that will enable GUS staff to present plan to GUS Board and City Council. Master Services Agreement - Engineering Attachment A Version 2.07.2008 Pag$ReM # X Attachment number 1 Page 3 of 3 Statement Regarding Non -Collusion; Prohibited Financial Interests; Prohibited Political Influences: (Per Article 36 in the Master Service Agreement): Professional hereby represents and warrants to City that Professional shall not perform any work or services for a third party that is potentially or actually related to, connected to, a part of, or integral to the work or services that it has performed is or is performing for the City under this Task Order. Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to the attention of the City, and Professional agrees that the City shall be the sole judge as to whether a conflict or potential conflict of interest with work for private parties or Developer work exists. If in the judgment of the City such a conflict or potential conflict between City work and Developer work exists, then Professional agrees to terminate all work under the affected Task Order(s) immediately and that it shall not be eligible for payment for such services. Compensation: (Breakdown for individual line items above) X Time and Materials with Amount Not to Exceed. -Services to be provided at rates shown on Exhibit B in an amount not to exceed $ Two Hundred & Ninety Thousand DOLLARS and no CENTS. Lump Sum: Services to be provided at rates shown on Exhibit B in an amount not to exceed $ DOLLARS and ZERO CENTS. APPROVED: CITY OF GEORGETOWN Name: George E. Garver Title: Mayor Address: P. O. Box 409 Georgetown, TX 78627 Phone: 512-930-3651 Fax: 512-930-3659 E-mail: mayor(kgeorgetowntx.org_ Date: Master Services Agreement - Engineering Version 2.07.2008 MCCORD ENGINEERING, INC. LE Name: Mr. Rex Woods Title: Overhead Power Line Design Division Manager Address: 916 Southwest Parkway East College Station, TX 77842 Phone: 979-764-8356 Fax: 979-764-9644 E-Mail: rwoods(kmccordeng.com Date: Attachment A PagRefi # X City of Georgetown, Texas November 25, 2008 SUBJECT: Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve Task Order No. MEI-08-002 with McCord Engineering, Inc, of College Station, Texas, pursuant to the terms of the Master Services Agreement, for professional services related to New Development Engineering for the City of Georgetown's Electrical System for an amount not to exceed $450,000.00 -- Thomas R. Benz , P. E., System Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations ITEM SUMMARY: The City has contracted with McCord Engineering, Inc. for professional services. Pursuant to the Master Services Agreement, Task Order MEI-08-002 (attached) defines the scope of work. The purpose of this task order is to provide preliminary and final electric system engineering design for each new development proposed to be installed on GUS' electric system The amount for this task agreement is an estimate based on projected quantity and scope of development projects from past years history. GUS BOARD RECOMMENDATION: This item was recommended by the GUS Board for Council approval at the November 18, 2008, GUS Board meeting. STAFF RECOMMENDATION: Staff recommends entering into the task order with McCord Engineering, Inc. FINANCIAL IMPACT: Funds for this expenditure are budgeted in the Electric Department CIP: Available Budget Fund Actual 610-9-0580-90-011 $115,000.00 Overhead Conductors 610-9-0580-90-112 $335,000.00 Underground Conductors SUBMITTED BY: Jana Kern ATTACHMENTS: 015 M674►�'i�I�1L�Q1%�IIIYa Budget Balance $2,764,000.00 $2,659,303.00 $4,619,000.00 $4,351,547.00 Cover Memo Item # Y Attachment number 1 Page 1 of 3 TASK ORDER — NEW DEVELOPMENT ENGINEERING — MEI-08-002 Tom Benz City of Georgetown P.O. Box 409 Georgetown, Texas 78626 General Description of Services or Project: The purpose of this task order is to provide preliminary and final electric system engineering design for each new development proposing to be installed on GUS' electric system. McCord Engineering (MEI) designed and submitted 44 new development projects in calendar year 2007 and 62 new development projects in calendar year 2006. To date, MEI has designed and submitted 40 new development projects in calendar year 2008. The amount for this task agreement is an estimate based on projected quantity and scope of development projects from past years history and may require change. The City's project managers are Paul Elkins, Jim Willfong and Tom Benz, and the McCord project manager is Rex Woods. City Provided Information or Work: The City shall provide the following services or perform the following work (describe): • Current electric distribution system information • Scheduling and facilities for necessary meetings • Historical electric system loading information for each substation and feeder • Developer plat and contact information • Easement acquisition as required Any documents or information related to the Work/Services provided by the City to the Professional, including, without limitation, engineering studies, maps, reports, filed data, notes, plans, diagrams, sketches, or maps (the "Information") is and shall remain the property of the City, and Professional shall have no ownership or other interest in same. The Professional shall deliver to the City, if requested, a written itemized receipt for the Information, and shall be responsible for its safe keeping and shall return it to the City, upon request, in as good condition as when received, normal wear and tear excepted. Scope of Work: (describe in detail using additional or separate sheets if necessary): • Receive and perform initial review of each new development project with GUS Engineering and Energy Services staff. • Attend weekly meetings, conference calls and/or electronic transfer of files with GUS Engineering and Energy Services staff to review current new development projects. • Contact Developer's Agent to request electronic copy of site plan, electric load analysis, and electric one -line. Prepare preliminary electric designs for GUS Engineering and Energy Services staff to review. Preliminary design to include transformer size and location, metering, service requirements, required easements, conduit locations, pole locations, conductor size for primary and secondary conductors, and street light design. Perform field visit as required to review possible tree conflicts, grading issues, utility permit requirements, and ensure that the job can be built as designed. Master Services Agreement - Engineering Version 2.07.2008 Attachment A Page IteM # Y Attachment number 1 Page 2 of 3 • Review electric system's integrity, sectionalization and fault current issues when adding large new developments. • Once preliminary designs have been reviewed and approved by GUS Engineering and Energy Services staff, MEI to send layout to Developer for their review. • After making final revisions, MEI to issue "Approved for Construction" letter, drawings, cost estimate, material list, metering specifications, and pay back summary. • Sag charts, staking sheets and field staking will be furnished as required. • Prior to final design, map generated GPS data or field obtained GPS data will be obtained for each new development. This data will be ready to insert into the Milsoft Windmil model pending any revisions. • Each job is considered complete upon final submittal. McCord Engineering will provide actual cost of engineering due to a developer driven revision for GUS to pass onto the developer at GUS' discretion. • Initial and preliminary engineering for new large - stand alone projects will be captured under this task order until a new task agreement can be approved for charges going forward. Statement Regarding Non -Collusion; Prohibited Financial Interests; Prohibited Political Influences: (Per Article 36 in the Master Service Agreement): Professional hereby represents and warrants to City that Professional shall not perform any work or services for a third party that is potentially or actually related to, connected to, a part of, or integral to the work or services that it has performed is or is performing for the City under this Task Order. Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to the attention of the City, and Professional agrees that the City shall be the sole judge as to whether a conflict or potential conflict of interest with work for private parties or Developer work exists. If in the judgment of the City such a conflict or potential conflict between City work and Developer work exists, then Professional agrees to terminate all work under the affected Task Order(s) immediately and that it shall not be eligible for payment for such services. Compensation: (Pick one) X Time and Materials with Amount Not to Exceed: -Services to be provided at rates shown on Exhibit Bin an amount not to exceed $ Four Hundred and Fifty Thousand DOLLARS and no CENTS. Lump Sum: Services to be provided at rates shown on Exhibit B in an amount not to exceed $ DOLLARS and ZERO CENTS. Master Services Agreement - Engineering Version 2.07.2008 Attachment A Page Item # Y Attachment number 1 Page 3 of 3 APPROVED: CITY OF GEORGETOWN By: Name: George E. Garver Title: Mayor Address: P. O. Box 409 Georgetown, TX 78627 Phone: 512-930-3651 Fax: 512-930-3659 E-mail: mayorkgeorgetowntx.org Date: Master Services Agreement - Engineering Version 2.07.2008 MCCORD ENGINEERING, INC. Name: Mr. Rex Woods Title: Overhead Power Line Design Division Manager Address: 916 Southwest Parkway East College Station, TX 77842 Phone: 979-764-8356 Fax: 979-764-9644 E-Mail: rwoodskmccordeng.com Date: Attachment A Page Itefi # Y City of Georgetown, Texas November 25, 2008 SUBJECT: Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve Task Order No. MEI-08-003 with McCord Engineering, Inc, of College Station, Texas, pursuant to the terms of the Master Services Agreement, for professional services related to Capital Improvement Planning (CIP) Project Engineering for the City of Georgetown's Electrical System for an amount not to exceed $200,000.00 -- Thomas R. Benz , P. E., System Engineering Director, Jim Briggs, Assistant City Manager for Utility Operations ITEM SUMMARY: The City has contracted with McCord Engineering, Inc. for professional services. Pursuant to the Master Services Agreement, Task Order MEI-08-003 (attached) defines the scope of work. The purpose of this task order is to provide preliminary and final electric system engineering design for CIP system improvements on GUS' electric system. GUS BOARD RECOMMENDATION: This item was recommended by the GUS Board for Council approval at the November 18, 2008, GUS Board meeting. STAFF RECOMMENDATION: Staff recommends entering into the task order with McCord Engineering, Inc. FINANCIAL IMPACT: FINANCIAL IMPACT: Funds for this expenditure are budgeted in the Electric Department CIP: Available Budget Fund Actual 610-9-0580-90-011 $150,000.00 Overhead Conductors 610-9-0580-90-012 $ 50,000.00 Underground Conductors SUBMITTED BY: Jana Kern ATTACHMENTS: McCord Task Order MEI-08-003 Budget Balance $2,764,000.00 $2,659,303.00 $4,619,000.00 $4,351,547.00 Cover Memo Item # Z Attachment number 1 Page 1 of 2 TASK ORDER — CIP PROJECT ENGINEERING — MEI-08-003 Tom Benz City of Georgetown P.O. Box 409 Georgetown, Texas 78626 General Description of Services or Project: The purpose of this task order is to provide preliminary and final electric system engineering design for CIP system improvements on GUS' electric system. McCord Engineering designed and submitted 8 system improvement projects in calendar year 2007 and 7 system improvement projects in calendar year 2008 to date. The City's project managers are Ken Arnold, Jim Willfong and Tom Benz, and the McCord project manager is Rex Woods. City Provided Information or Work: The City shall provide the following services or perform the following work (describe): • Current electric distribution system information • Scheduling and facilities for necessary meetings • Historical electric system loading information for each substation and feeder • Easement acquisitions as required Any documents or information related to the Work/Services provided by the City to the Professional, including, without limitation, engineering studies, maps, reports, filed data, notes, plans, diagrams, sketches, or maps (the "Information") is and shall remain the property of the City, and Professional shall have no ownership or other interest in same. The Professional shall deliver to the City, if requested, a written itemized receipt for the Information, and shall be responsible for its safe keeping and shall return it to the City, upon request, in as good condition as when received, normal wear and tear excepted. Scope of Work: (describe in detail using additional or separate sheets if necessary): • Receive and perform initial review of each CIP project with GUS Engineering & Energy Services staff. • Attend weekly meetings as scheduled in advance, conference calls and/or electronic transfer of files with GUS staff to review current status of projects. • Perform field inventory as periodically needed, to review possible tree conflicts, grading issues, permit requirements, and all other conflicts. • Using survey grade equipment to perform field staking of poles and equipment to GUS construction standards. • Prepare a preliminary electric design for GUS Engineering and Energy Services staff to review. Preliminary design to include required easements, conduit locations, pole locations, conductor size for primary and secondary conductors, plan and profile if required, TX DOT and County permits if required, street light design, sectionalization studies and before and after switching details. • Review electric system's integrity, sectionalization and fault current issues as necessary when new CIP projects affect system integrity. • Once preliminary designs have been reviewed and approved by GUS Engineering and Energy Services staff, MEI to make final revisions, issue approved for construction letter, drawings, cost estimate, material list and construction specifications • Sag charts, staking sheets and field staking will be furnished as required for construction Master Services Agreement - Engineering Attachment A Version 2.07.2008 PagReM # Z Attachment number 1 Page 2 of 2 • Prior to final design, field GPS data will be obtained for each new system improvement. This data will be ready to insert into the Milsoft Windmil model pending any revisions. Statement Regarding Non -Collusion; Prohibited Financial Interests; Prohibited Political Influences: (Per Article 36 in the Master Service Agreement): Professional hereby represents and warrants to City that Professional shall not perform any work or services for a third party that is potentially or actually related to, connected to, a part of, or integral to the work or services that it has performed is or is performing for the City under this Task Order. Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to the attention of the City, and Professional agrees that the City shall be the sole judge as to whether a conflict or potential conflict of interest with work for private parties or Developer work exists. If in the judgment of the City such a conflict or potential conflict between City work and Developer work exists, then Professional agrees to terminate all work under the affected Task Order(s) immediately and that it shall not be eligible for payment for such services. Compensation: (Pick one) X Time and Materials with Amount Not to Exceed: -Services to be provided at rates shown on Exhibit B in anamount not to exceed $ Two Hundred Thousand DOLLARS and no CENTS. Lump Sum: Services to be provided at rates shown on Exhibit B in an amount not to exceed $ DOLLARS and ZERO CENTS. APPROVED: CITY OF GEORGETOWN Name: George E. Garver Title: Mayor Address: P. O. Box 409 Georgetown, TX 78627 Phone: 512-930-3651 Fax: 512-930-3659 E-mail: mayor&georgetowntx.org Date: Master Services Agreement - Engineering Version 2.07.2008 MCCORD ENGINEERING, INC. Lo Name: Mr. Rex Woods Title: Overhead Power Line Design Division Manager Address: 916 Southwest Parkway East College Station, TX 77842 Phone: 979-764-8356 Fax: 979-764-9644 E-Mail: rwoodsgmccordeng.com Date: Attachment A PagReM # Z City of Georgetown, Texas November 25, 2008 SUBJECT: Second Reading of an Ordinance amending Section 13.36.130 of the Code of Ordinances pertaining to setting the culpable mental state required for a violation of Chapter 13, Section 36 at criminal negligence -- Micki Rundell, Director of Finance & Administration; Cathy Leloux, Court Administrator and Patricia E. Carls, City Attorney ITEM SUMMARY: The Texas Penal Code dispenses with the requirement of a culpable mental state for violations of a City Code for which the maximum penalty does not exceed $500. The Code of Ordinances for the City of Georgetown does not currently dispense with the requirement of a culpable mental state for violations of the Code for which the penalty does exceed $500. Section 13.36.130 of the Code currently expressly dispenses with the requirement of a culpable mental state for violations of Chapter 13, Section 36. Section 13.36.130 currently sets the maximum penalty for a violation of Chapter 13, Section 36 at $2000. The proposed ordinance amends Section 13.36.130 to set the culpable mental state at criminal negligence for a violation of Chapter 13, Section 36, in order to conform with state law. FINANCIAL IMPACT: SUBMITTED BY: Micki Rundell ATTACHMENTS: Ordinance 13.36.130 Cover Memo Item # AA Attachment number 1 Page 1 of 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AMENDING SECTION 13.36.130 "ENFORCEMENT", TO CHAPTER 13 OF THE CITY OF GEORGETOWN CODE OF ORDINANCES RELATING TO PUBLIC UTILITIES AND SERVICES; REPEALING CONFLICTING ORDINANCES, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 13.36.130 of the Georgetown Code of Ordinances does not require a culpable mental state required to establish responsibility for violations of the Chapter, and WHEREAS, Texas Penal Code Section 6.02 prohibits a municipality from dispensing with the culpable mental state where the penalty for violation exceeds five hundred dollars, and WHEREAS, the penalty for violating Chapter 13 of the Georgetown Code of Ordinances exceeds five hundred dollars, and WHEREAS, the Council finds that amending Section 13.36.130 to provide for a culpable mental state of criminal negligence is in the best interest of the City of Georgetown. 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 found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION 2. Section 13.36.130 of the City Code of Ordinances relating to "Culpable Mental State" is hereby amended as follows. Sec. 13.36.130. Enforcement. A.-H. No changes. Culpable Mental State. A culpable mental state of criminal negligence as defined in V.T.C.S. Tex. Penal Code Section 6.03 is reauired to prove a criminal offense under this Chapter. J.-R. No changes. Ordinance No. Amendment to 13.36.130. Enforcement —Providing a Culpable Mental State Item # AA Page 1 of 2 Attachment number 1 Page 2 of 2 SECTION 3. That all ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application 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 8. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the , 2008. PASSED AND APPROVED on Second Reading on the .2008. ATTEST: Sandra D. Lee, City Secretary APPROVED AS TO FORM: Patricia E. Carls, City Attorney day of day of THE CITY OF GEORGETOWN George Garver, Mayor Ordinance No. Amendment to 13.36.130. Enforcement —Providing a Culpable Mental State Item # AA Page 2 of 2 City of Georgetown, Texas November 25, 2008 SUBJECT: Second Reading of an Ordinance adding new Section 1.08.040 to the Code of Ordinances pertaining to a culpable mental state for violations of the Code -- Micki Rundell, Director of Finance & Administation; Cathy Leloux, Court Administator and Patricia E.Carls, City Attorney The Texas Penal Code dispenses with the requirement of a culpable mental state for violations of a City Code for which the maximum penalty does not exceed $500. The Code of Ordinances for the City of Georgetown does not currently dispense with the requirement of a culpable mental state for violations of the Code for which the penalty does exceed $500. The proposed ordinance dispenses with the requirement of a culpable mental state for all violations of the Code for which the penalty does not exceed $500. The proposed ordinance also sets the culpable mental state at criminal negligence for all violations of the Code for which the penalty does exceed $500. The proposed ordinance also adopts the definition of the different culpable mental states from Texas Penal Code Section 6.03. FINANCIAL IMPACT: SUBMITTED BY: Micki Rundell ATTACHMENTS: Culable Mental State Ordinance Cover Memo Item # BB Attachment number 1 Page 1 of 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ADDING NEW SECTION 1.08.040 "CULPABLE MENTAL STATE", TO CHAPTER 1 OF THE CITY OF GEORGETOWN CODE OF ORDINANCES RELATED TO GENERAL PROVISIONS; REPEALING CONFLICTING ORDINANCES, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Georgetown Code of Ordinances does not provide for a culpable mental state required to establish responsibility for violations of the Code, and WHEREAS, the Council finds that amending the Georgetown Code of Ordinances to provide for culpable mental states to establish responsibility for violations of the Code is in the best interest of the City of Georgetown. 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 found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION 2. Section 1.08.040 of the City Code of Ordinances relating to "Culpable Mental State" is hereby added as follows. Sec. 1.08.040. Culpable Mental State. (a) If the definition of a violation of this Code does not prescribe a culpable mental state, a culpable mental state is not required if the penalty for such violation does not exceed the sum of $500.00. (b) If the definition of a violation of this Code does not prescribe a culpable mental state and the penalty for such violation exceeds the sum of $500.00. criminal nealiaence shall suffice to establish criminal responsibility for the violation. (c) Culpable mental states are defined in V.T.C.A., Penal Code 6.03, as amended. SECTION 3. That all ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Ordinance No. Culpable Mental State Page 1 of 2 Item # BB Attachment number 1 Page 2 of 2 SECTION 4. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application 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 is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the day of 2008. PASSED AND APPROVED on Second Reading on the day of 12008. ATTEST: THE CITY OF GEORGETOWN By: Sandra D. Lee, City Secretary George Garver, Mayor APPROVED AS TO FORM: Patricia E. Carls, City Attorney Ordinance No. Culpable Mental State Item # BB Page 2 of 2 City of Georgetown, Texas November 25, 2008 SUBJECT: Second Reading of an Ordinance amending the City Code relating To "Authority of City Manager to Contract;" adding new section relating to change orders; and adding new section relating to delegation of purchasing authority by City Manager -- Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance & Administration ITEM SUMMARY: This ordinance amends Chapter 4.08, Section 4.08.010 of the City of Georgetown Chapter Municipal Code relating to "Authority of City Manager to Contract; adds new section 4.08.011 relating to change orders; adds new Section 4.08.012 relating to delegation of purchasing authority by City Manager. In Section 6.11 of the City of Georgetown Home Rule Charter, the City Manager is authorized to contract for items approved in the budget that are within State competitive bidding laws limits. All contracts and expenditures are to be in compliance with City's Annual Budget and the City's Fiscal and Budgetary Policy. This ordinance updates and clarifies Section 4.08.010 to be in compliance with Section 6.11. Recent legislative changes require that the City Council formally authorizes the City Manager, or his designee, to determine whether a method of procurement other than competitive sealed bidding is utilized. This is a formal clean-up of existing purchasing references within the City's codes as stated in the Fiscal and Budgetary policy. This ordinance also clarifies and updates the purchasing process for change orders to be in compliance with Local Government Code 252.048. FINANCIAL IMPACT: SUBMITTED BY: Micki Rundell ATTACHMENTS: Ordinance 4.08 Cover Memo Item # CC Attachment number 1 Page 1 of 4 ORDINANCE NO. An Ordinance Of The City Council Of The City Of Georgetown, Texas Revising Chapter 4.08 by Amending Section 4.08.010 of the City Code Relating To "Authority of City Manager to Contract;" Adding New Section 4.08.011 Relating to Change Orders; Adding New Section 4.08.012 Relating to Delegation of Purchasing Authority by City Manager; Providing A Penalty Clause; Providing A Severability Clause; And Establishing An Effective Date. WHEREAS, the City Council of the City of Georgetown desires to update and clarify its purchasing processes; and WHEREAS, existing Section 4.08.010 was made moot by the adoption of Section 6.11 of the City Charter and by annual budget ordinances since 2001, but, for clarity, the changes shown below are desired; and WHEREAS, Senate Bill No. 1765 was recently adopted by the 801h Texas Legislature, which adds a new provision to Section 252.021 of the Texas Local Government Code relating to the process for using procurement procedures other than competitive bidding and allows for the governing body to delegate authority for the procurement process; and WHEREAS, the existence of purchasing procedures will assist the City and the public in conducting the City's purchasing and contracting affairs. 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 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 ordinance complies with the Vision Statement of the City of Georgetown 2030 Comprehensive Plan. SECTION 2 Chapter 4.08 of the City Code of Ordinances is hereby amended to provide as follows: CHAPTER 4.08. AUTHORITY OF CITY MANAGER AND CITY STAFF TO CONTRACT Ordinance No. A �� 1 P�71 ABANDONMENT, SALE, ETC. OF CITY LAND, STREETS, ETC. Page Tt# CC C:\Program Files\Neevia.Com\Document Converter\temp\ PDFConvert.706.1.Ordinance 4.08 REV.doc Attachment number 1 Page 2 of 4 Section 4.08.010 Authorized (A) Pursuant to Section 6.11 of the City of Georgetown Home Rule Charter, the City Manager is authorized to contract for expenditures without further approval of Council for items in the City Council approved budget for which the contract amount does not exceed the amount which requires compliance with state competitive bidding laws, provided that all such contracts and expenditures are in compliance with the City's Annual Budget and the City's Fiscal and Budgetary Policy. (B) All contracts or expenditures in excess of the amount that requires compliance with the state competitive bidding laws must be approved by the City Council, even if they are included in the City Council -approved budget. (C) If a method of procurement other than competitive sealed bidding is allowed by law, the City Manager or his designee shall have the authority under Section 252.021(c) of the Texas Local Government Code to determine whether to use an alternative method of procurement. If the City Manger or his designee is considering using a method other than competitive sealed bidding, the City Manager or his designee shall make such determination before notice is given. If the competitive sealed proposals requirement applies to the contract, the City Manger or his designee shall consider the criteria described by Section 252.043(b) of the Local Government Code and the discussions conducted under Section 252.042 to determine the best value for the City. Section 4.08.011 Contract Change Orders (A) The City Manager or his designee may approve change orders involving an increase or decrease of twenty-five thousand dollars ($25,000.00) or less. Change orders involving an increase or decrease in costs of more than twenty five thousand dollars ($25,000.00) must be approved by the City Council. (B) Notwithstanding the provisions of Subsection (A), the original contract price may not be increased by more than twenty five percent (25%) without the prior approval of the City Council. (C) Notwithstanding the provisions of Subsection (A), the original contract price may not be decreased by more than twenty five percent (25%) without the prior approval of the contractor. Ordinance No. P�71 ABANDONMENT, SALE, ETC. OF CITY LAND, STREETS, ETC. Page It(T �� # CC C:\Program Files\ Neevia.Com \Document Converter\temp\ PDFConvert.706.1.Ordinance 4.08 REV.doc Attachment number 1 Page 3 of 4 Section 4.08.012 Delegation of Purchasing Authority by City Manager (A) The City Manager and the Director of Finance and Administration shall be responsible for developing written Purchasing Policies and Procedures that are consistent with state law and with this Chapter. The Purchasing Policies and Procedures may be amended from time to time. Any such amendments shall be effective upon written approval by the City Manager. (B) The City Manager may designate certain employees holding certain positions as having authority to sign contracts for expenditures at amounts below twenty-five thousand dollars ($25,000.00). (C) Delegation of purchasing authority shall be established in the City's Annual Budget. 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. PASSED AND APPROVED on First Reading on the day of 11: PASSED AND APPROVED on Second Reading on the day of 2008. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee City Secretary George Garver Mayor Ordinance No. ABANDONMENT, SALE, ETC. OF CITY LAND, STREETS, ETC. Page Atpipl # CC C:\Program Files\ Neevia.Com \Document Converter\temp\ PDFConvert.706.1.Ordinance 4.08 REV.doc Attachment number 1 Page 4 of 4 APPROVED AS TO FORM: Patricia E. Carls City Attorney Ordinance No. P�71 ABANDONMENT, SALE, ETC. OF CITY LAND, STREETS, ETC. Page It(T �� # CC C:\Program Files\Neevia.Com\Document Converter\temp\ PDFConvert.706.1.Ordinance 4.08 REV.doc City of Georgetown, Texas November 25, 2008 SUBJECT: Second Reading of an Ordinance amending Title 14 of the Code of Ordinances relating to franchises, repealing expired provisions of Chapter 14.20; adopting a new Chapter 14.20 to establish a new franchise agreement between the City of Georgetown and the Pedernales Electric Cooperative, Inc. for the provision of electrical service within a portion of the City for a period of ten years, and that the City shall receive a quarterly franchise fee for such use; providing for indemnification of the City; and requiring newspaper publication of the full text of this ordinance in accordance with Section 8.03 of the City Charter -- Jim Briggs, Assistant City Manager for Utility Operations and Patricia E. Carls, City Attorney ITEM SUMMARY: The Franchise Agreement between the City of Georgetown and Pedernales Electric Cooperative, Inc. expired on July 22, 2008. Prior to the expiration, both parties agreed to proceed on a month -to -month basis while they worked through negotiations for a new Franchise Agreement. We have now come to an agreement for a new Franchise Agreement and are beginning the process to approve the new ten-year agreement. SPECIAL CONSIDERATIONS: 1►M011 FINANCIAL IMPACT: PEC will pay quarterly fees to the City which are due and payable on January 31, April 30, July 31, and October 31 of each year BOARD RECOMMENDATION: Franchise Agreement is not under the purview of the GUS Board, but goes directly to City Council. STAFF RECOMMENDATION: Staff recommends approval of the new 10-Year Franchise Agreement as updated to reflect Community Standards in 2008. COMMENTS: rNINUM I�IIQ/_1[ykVi9lul7Goo" SUBMITTED BY: Jim Briggs, Assistant City Manager for Utility Operations and Patricia E. Carls, City Attorney ATTACHMENTS: PEC Franchise Ordinance Cover Memo Item # DID Attachment number 1 Page 1 of 9 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AMENDING TITLE 14 OF THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN, TEXAS, RELATING TO FRANCHISES, REPEALING EXPIRED PROVISIONS OF CHAPTER 14.20; ADOPTING A NEW CHAPTER 14.20 TO ESTABLISH A NEW FRANCHISE AGREEMENT BETWEEN THE CITY OF GEORGETOWN ("CITY") AND THE PEDERNALES ELECTRIC COOPERATIVE, INC. FOR THE PROVISION OF ELECTRICAL SERVICE WITHIN A PORTION OF THE CITY FOR A PERIOD OF TEN YEARS, AND THAT THE CITY SHALL RECEIVE A QUARTERLY FRANCHISE FEE FOR SUCH USE; PROVIDING FOR INDEMNIFICATION OF THE CITY; REQUIRING NEWSPAPER PUBLICATION OF THE FULL TEXT OF THIS ORDINANCE IN ACCORDANCE WITH SECTION 8.03 OF THE CITY CHARTER; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Pedernales Electric Cooperative, Inc., a Texas electric cooperative association duly organized, existing and doing business under the laws of the State of Texas, hereinafter referred to as "PEC", is engaged in the provision of electric utility service in this State, and in furtherance thereof has erected and maintained certain items of its plant construction in a portion of the City of Georgetown, Texas, hereinafter referred to as the "CITY", pursuant to such rights as have been granted to it by and under the laws of the State of Texas and subject to appropriate regulation under the police power and franchise authority of the City; and WHEREAS, the City and PEC entered into that certain ten (10) year franchise agreement evidenced by Ordinance No. 98-22 and codified in Chapter 14.20 of the City of Georgetown Code of Ordinances, which ordinance and agreement expired on July 22, 2008; and WHEREAS, the City and PEC mutually agreed to proceed on a month -to -month basis under Ordinance No. 98-22 until such time as a new franchise agreement could be approved by both parties; and WHEREAS, Section 8.03 of the City Charter provides as follows: Sec. 8.03. Franchise; power of the City Council. The City Council shall have the power by ordinance to grant, amend, renew and extend, all franchises of all public utilities of every character operating within the City of Georgetown. All ordinances granting, amending, renewing, or extending franchises for public utilities shall be read at two (2) separate regular meetings of the City Council, and shall not be finally passed until thirty (30) days after the first reading; and no such ordinance shall take effect until thirty (30) days after its final passage; and pending such time, the full text of such ordinances shall be published once each week for four (4) consecutive weeks in a newspaper of general circulation published in the City of PEC Franchise Ordinance No. Page 1 of 9 Item # DD Attachment number 1 Page 2 of 9 Georgetown, and the expense of such publication shall be borne by the proponent of the franchise. No public utility franchise shall be granted for a term of more than twenty (20) years; no public utility franchise shall be transferable except with the approval of the City Council expressed by ordinance. WHEREAS, both the City and PEC desire that an agreement should be entered into establishing the condition under which PEC shall use utility poles, streets, avenues, alleys, rights -of -way, and public grounds and places in the City; 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 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 ordinance implements Effective Governance Vision Statement 4.0.0 of Georgetown's 2030 Comprehensive Plan, which states: "Georgetown has achieved a high level of service coordination, both internally and with County, State and other city service providers.'; and further finds that the enactment of this ordinance is not inconsistent with or in conflict with any other Comprehensive Plan Policies. SECTION 2: Ordinance NO. 98-22 is hereby repealed and replaced with this ordinance. SECTION 3. Title 14 of the Code of Ordinances of the City of Georgetown, Texas is hereby revised to provide as follows: CHAPTER 14.20 PEDERNALES ELECTRIC COOPERATIVE, INC. Section 14.20.010. Term. This Agreement and Franchise shall be in force and effect for a period of ten (10) years from and after its effective date. All rights and duties are herein granted and acknowledged for such term and subject to the provisions of this ordinance. Section 14.20.020. Placement of Plant. The poles, wire, anchors, cables, manholes, conduits, facilities, guys, and other equipment and appurtenances used in or incident to the providing of electric utility services by PEC in the City may remain as now constructed, subject to such changes as under the limitations and conditions herein prescribed may be considered necessary by the City in the exercise of its lawful powers. PEC shall have the right to place, remove, construct and reconstruct, extend, and maintain its facilities and appurtenances for the purposes for which it is or may be from time to time required along, across, on, over, through, above and under all the public streets, avenues, alleys, rights -of -way and public grounds and places within those portions PEC Franchise Ordinance No. Page 2 of 9 Item # DD Attachment number 1 Page 3 of 9 of the City in which it is granted authorization to provide electric utility service under applicable laws and regulations of the State of Texas and subject to the approval of the City of Georgetown's Assistant City Manager for Utility Operations in the exercise of the City's police powers as set forth herein. The City shall not require PEC to place below ground any line, wire, conduit, or other equipment or facility which has been or is hereafter installed or constructed above ground in accordance with the terms of this ordinance. In exchange for the use of the public rights -of -way and subject to the limitations of safety and sound engineering, PEC agrees to allow other public utilities to use its poles and other facilities in accordance with PEC's pole contact agreement, provided that a reasonable rental shall be paid to PEC for such use. The inability of such public utilities to agree upon rentals for such facilities shall not be an excuse for failure to comply with the direction of the City Council to provide other utilities such access. Section 14.20.030. Location of Poles. All poles placed shall be of sound material and reasonably straight and shall be so set as to not interfere with the flow of water in any gutter or drain and so that same will interfere as little as practicable with the ordinary travel on the street or sidewalk and with ingress and egress to and from all property. The location and route of all poles, stubs, guys, anchors, conduits, and cables placed and constructed in the City shall be subject to applicable City ordinance and the regulation, control, and direction of the Assistant City Manager for Utility Operations or the appropriate City official to whom such duties have been delegated. PEC shall give advance notice to the Assistant City Manager for Utility Operations of its intention to place poles, stubs, guys and anchors and shall include in such notification the location of all such installations. PEC is not authorized to license or lease to any person or entity the right to occupy or use the City's rights -of -way for any reason, except that PEC shall have the right, without the consent of the City, to allow other entities that have franchise with the City to use PEC's poles, conduits, and other facilities, on such terms as PEC may choose. PEC shall at its sole expense, at the request of the City, by or through its City Council or City Manager remove or change the location of any of its poles, wire, conduits, cables or any other of its appurtenances for the purpose of permitting full and free ingress and egress to and from properties, or for any other lawful purpose. However, the City shall remit to PEC any amounts paid to it by any third party to compensate the City or PEC for the costs of any such removal or relocation. Section 14.20.040. City Property to be Restored to Good Condition. The surface of any street, alley, highway, or public place disturbed by PEC shall be restored within a reasonable time after the completion of the work, to as good condition as before the commencement of the work to the PEC Franchise Ordinance No. Page 3 of 9 Item # DID Attachment number 1 Page 4 of 9 satisfaction of the Assistant City Manager for Utility Operations or of the appropriate City official to whom such duties have been delegated. No street, alley, highway or public place shall be encumbered by PEC for a longer period than reasonably necessary to execute the work. Section 14.20.050. Public Safety and Convenience. All appurtenances and appliances used or useful in enabling PEC to maintain its electric utility services shall be placed and maintained with utmost consideration for the public safety and convenience, and any hazards created by storms, accidents, or other causes will be removed without undue delay. Section 14.20.060. Outside Plant Accommodations. PEC, on request of any person, shall remove or raise or lower its wires temporarily to permit the moving of houses or other bulky structures. The expense of such temporary removal, raising or lowering of wires or other appurtenances shall be paid by the benefited party or parties, and PEC may require such payment in advance. PEC may require not more than seventy-two (72) hours advance notice to arrange for such temporary changes. Section 14.20.070. Tree Trimming. PEC shall have the right, license, privilege and permission to trim trees and bushes upon and overhanging the rights -of -way in accordance with standards promulgated by the City so as to prevent the branches thereof from coming into contact with the wires or cables of PEC. Subject to the limitations of safety and sound engineering, any tree trimming shall be in a manner that does not destroy the aesthetics and health of the trees, and so that the trees are not destroyed. Section 14.20.080. INDEMNIFICATION. PEC AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, OR FOR DAMAGE TO ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE WORK DONE BY PEC UNDER THIS CONTRACT. SUCH INDEMNITY SHALL ONLY APPLY WHERE THE CLAIMS LOSSES, DAMAGES, CAUSES OF ACTION, SUITS OR LIABILITY ARISES IN WHOLE OR IN PART FROM THE NEGLIGENCE OF PEC. PEC SHALL HAVE THE RIGHT TO CONTROL THE DEFENSE AND SETTLEMENT OF ANY SUCH CLAIM. PEC ASSUMES FULL RESPONSIBILITY FOR THE WORK TO BE PERFORMED HEREUNDER, AND HEREBY RELEASES, RELINQUISHES AND DISCHARGES CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, FROM ALL CLAIMS, DEMANDS, AND CAUSES OF PEC Franchise Ordinance No. Page 4 of 9 Item # DD Attachment number 1 Page 5 of 9 ACTION OF EVERY KIND AND CHARACTER INCLUDING THE COST OF DEFENSE THEREOF, FOR ANY INJURY TO, INCLUDING DEATH OF PERSON (WHETHER THEY BE THIRD PERSONS, CONTRACTORS, OR EMPLOYEES OF EITHER OF THE PARTIES HERETO) AND ANY LOSS OF OR DAMAGE TO PROPERTY (WHETHER THE SAME BE THAT EITHER OF THE PARTIES HERETO OR OF THIRD PARTIES) CAUSED BY, ARISING OUT OF, OR IN CONNECTION WITH PEC'S WORK TO BE PERFORMED HEREUNDER WHETHER OR NOT SAID CLAIMS, DEMANDS AND CAUSES OF ACTION IN WHOLE OR IN PART ARE COVERED BY INSURANCE. CITY, BY THIS AGREEMENT DOES NOT GIVE CONSENT TO LITIGATION OF ANY SUCH CLAIM, DEMAND, OR CAUSES OF ACTION. Section 14.20.090. Cash Considerations. From and after the effective date of this ordinance, PEC shall pay to the City for its supervision of their Agreement, and for the use of its streets, alleys, sidewalks, rights -of -way, and other public places during the term of this Agreement an amount equal to two percent (2%) of the gross receipts for the preceding year received by PEC for electric utility services within the corporate limits of the City as it now exists or as it may be later changed by annexation or deannexation ordinance. Provided, that if PEC at any time pays a higher percentage of its gross receipts as a fee to any other governmental entity under a franchise agreement, then PEC shall be obligated to pay that same percentage to the City under this franchise agreement. This amount shall constitute compensation to the City for the expense incurred and for services rendered by the City in exercising its police power of regulation and supervision over the construction and location of PEC's poles, wires, conduits, equipment and other facilities in the streets, alleys, rights -of -way and public grounds of the City and shall be due and payable in quarterly installments on January 31, April 30, July 31 and October 31 of each year for the preceding calendar quarter or any part thereof. PEC shall furnish annually by March 31St of each year a verified statement under oath of all the gross receipts of the PEC from the rendition of electric utility service within the corporate limits of the City for the prior calendar year. This statement shall be addressed to: City of Georgetown Director of Finance 113 East 8th Street Georgetown, TX 78626 Section 14.20.100. Right to Verify Accounts. The City shall have the right at all reasonable times acting through its City Manager or designated officer, attorney, representative, or agent to inspect, review, audit and examine all the books, records and invoices of PEC. The City may require PEC Franchise Ordinance No. Page 5 of 9 Item # DD Attachment number 1 Page 6 of 9 reports on the operations of the utility in whatever form and with whatever information the City Council or the Council's designee prescribes. PEC shall supply requested information within 30 days Section 14.20.110. Additional Regulation. Pursuant to the City of Georgetown's City Charter, the City may: a) impose reasonable regulations to ensure safe, efficient and continuous service to the public; and b) require such expansion, extension, enlargement and improvements of plants and facilities as are necessary to provide adequate service to the public; and c) require PEC to furnish to the City, without cost to the City, full information regarding the location, character, size, length, and terminals of all facilities of PEC in, over and under the streets, alleys, and other public property of the City, and to regulate and control the location, relocation, and removal of such facilities; and d) to collect from PEC for operations in the City such proportion of the expense of excavating, grading, paving, repaving, constructing, reconstructing, draining, repairing, maintenance, lighting, sweeping, and sprinkling the streets, alleys, bridges, culverts, viaducts, and other public places of the City as represents the increased cost of such operations resulting from the occupancy of such public places by PEC, and such proportion of the costs of such operations as results from damage to or disturbance of such public places caused by PEC; or to compel PEC to perform at its own expense, such operations as above listed which are made necessary by the occupancy of such public places by such utility or by damage to or disturbance of such public places caused by such public utility; and e) to require the keeping of accounts in such form as will accurately reflect the value of the property of each franchise holder which is used and useful in rendering its service to the public and the expenses, receipts and profits of all kinds of PEC. Section 14.20.120. No Exclusive Privileges Conferred. Nothing herein contained shall be construed as giving to PEC any exclusive privilege or franchise. Section 14.20.130. City Approval of Transfer. PEC shall have the right to transfer this Agreement. The written approval by the City Council shall be secured by PEC before it may transfer or assign this Agreement, or any of the rights or privileges included within it. Any successor or assignee of PEC shall be bound by all the duties, obligations, and conditions of the Agreement. Such transfer or assignment will be considered only upon the filing with the City Secretary of an instrument duly executed by the assignee agreeing to be bound. The City shall not unreasonably withhold approval of a transfer; provided however, the proposed assignee must show financial responsibility and must agree to comply with all provision of this Agreement. PEC Franchise Ordinance No. Page 6 of 9 Item # DID Attachment number 1 Page 7 of 9 Section 14.20.140. Right to Terminate for Breach of Contract. Violation of or failure or refusal on the part of PEC to perform, or in good faith begin and continue performance of any of the terms and provisions hereof after thirty (30) days written notice from the City of such claim, failure or violation shall, at the election of the City be treated as a breach of the terms of this Ordinance and Agreement, and failure on the part of PEC due to its negligence or refusal to well and truly perform or attempt in good faith to perform any of its duties hereunder shall be treated as a breach of this Agreement, Ordinance and Franchise and this Ordinance, Agreement and Franchise shall, thereupon, at the election of the City, terminate and become inoperative. Section 14.20.150. Partial Invalidity and Repeal Provisions. All ordinances and agreements and parts of ordinances and agreements in conflict herewith are hereby repealed only to the extent of the conflict herewith. Section 14.20.160 Acceptance. PEC shall have thirty (30) days from and after the final passage and approval of this Ordinance to file its written acceptance thereof with the City Secretary, and upon such acceptance being filed, this Ordinance shall be considered as taking effect and being in force and effect as soon as allowed after final passage pursuant to the City's Charter, but no sooner than thirty (30) days from the passage and approval and shall effectuate and make binding upon the parties thereto, their successors and assigns, the agreement provided by the terms hereof. Failure to file such acceptance within thirty (30) days from final approval of the Ordinance shall invalidate the Ordinance in its entirety. Section 14.20.170. Performance. This contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Williamson County, Texas. Section 14.20.180. Limitations of Agreement. Nothing in this Agreement is intended to waive any legal right held by or granted to the City in the regulation of franchises within the City. The rights and powers of the City under or with respect to this franchise shall be limited insofar as they conflict with any obligation imposed on, or right conferred upon, PEC under the Public Utility Regulatory Act of Texas, the Federal Power Act, or similar state of federal law applicable to the utility industry. This Agreement is intended to grant PEC a nonexclusive right to construct, generate, and maintain lines, equipment, and facilities to provide electric service only. PEC Franchise Ordinance No. Page 7 of 9 Item # DID Attachment number 1 Page 8 of 9 SECTION 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 5. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions or application 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 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect thirty (30) days after its final passage, in accordance with the provisions of Section 8.03 of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the day of October, 2008 PASSED AND APPROVED on Second Reading on the day of November, 2008 ATTEST: THE CITY OF GEORGETOWN Sandra D. Lee, City Secretary APPROVED AS TO FORM: Patricia E. Carls, City Attorney George G. Garver, Mayor PEC Franchise Ordinance No. Page 8 of 9 Item # DD Attachment number 1 Page 9 of 9 ACCEPTANCE WHEREAS, the City Council of the City of Georgetown, Texas ("City") has heretofore enacted the above ordinance and agreement granting to the Pedernales Electric Cooperative, Inc., a franchise to operate within the City and use the City streets, alleys, rights -of -ways and public places and prescribing certain obligations and duties as set forth in that ordinance which is incorporated herein by reference, to become effective upon acceptance of the understanding in due form: NOW THEREFORE, for the purpose of complying with the terms of that ordinance and agreement, Pedernales Electric Cooperative, Inc., does hereby execute its written acceptance of all the terms and provisions of said Ordinance and Agreement, and accordingly files this instrument with the City Secretary of the City of Georgetown, Texas on this the day of , 2008. PEDERNALES ELECTRIC COOPERATIVE, INC. (typed or printed name) Title ATTEST: (typed or printed name) Title ACCEPTANCE filed in the office of the City Secretary of the City of Georgetown, Texas, on this day of 12008 Sandra D. Lee, City Secretary PEC Franchise Ordinance No. Page 9 of 9 Item # DD City of Georgetown, Texas November 25, 2008 SUBJECT: Second Readingof an ordinance Rezoning 2.131 acres (Tract 1) from OF, Office to C-1, Local Commercial and 7.558 acres from OF, Office to MF, Multifamily (Tract 2) out of 33.76 acres in the J. Fish and D. Wright Surveys, located near in the intersection of Shell Road and Williams Drive -- Carla Benton, Planner III and Elizabeth Cook, Director of Planning and Development ITEM SUMMARY: See attached report. Recommended Motion: Approval of a Rezoning 2.131 acres (Tract 1) from OF, Office to C-1, Local Commercial and 7.558 acres from OF, Office to MF, Multifamily (Tract 2) out of 33.76 acres in the J. Fish and D. Wright Surveys, subject to the multifamily portion of the property being limited to age -restricted development. City Council Action:At their June 24, 2008 meeting, the City Council by vote of 7-0 approved the First Reading of an ordinance Rezoning 2.131 acres (Tract 1) from OF, Office to C-1, Local Commercial and 7.558 acres from OF, Office to MF, Multifamily (Tract 2) out of 33.76 acres in the J. Fish and D. Wright Surveys, subject to the multifamily portion of the property being limited to age -restricted development. Planning and Zoning Commission: At their June 3, 2008 meeting, the Commission by vote of 6-0 to recommend approval of a Rezoning 2.131 acres (Tract 1) from OF, Office to C-1, Local Commercial and 7.558 acres from OF, Office to MF, Multifamily (Tract 2) out of 33.76 acres in the J. Fish and D. Wright Surveys, subject to the multifamily portion of the property being limited to age -restricted development. The attached ordinance defines age -restricted development as a multiple -family structure where each unit is occupied by at least one person who is 55 years of age or older. FINANCIAL IMPACT: There are no proposed financial impacts. SUBMITTED BY: Carla Benton ATTACHMENTS: Fish and Wright Rezoning Second Reading Fish and Wright Ordinance with Exh A Fish and Wright Attachment A Fish and Wright Attachment B Fish and Wright Attachment C Cover Memo Item # EE Attachment number 1 Page 1 of 3 City Council Meeting: November 25, 2008 Agenda Item Agenda Item Cover Sheet Subject: Second Reading of an ordinance Rezoning 2.131 acres (Tract 1) from OF, Office to C-1, Local Commercial and 7.558 acres from OF, Office to MF, Multifamily (Tract 2) out of 33.76 acres in the J. Fish and D. Wright Surveys, located near in the intersection of Shell Road and Williams Drive. Item Summary: Owner: Campbell-Georgetown#1 Ltd. Partnership Applicant: Paul Linehan, Land Strategies, Inc. Location: Shell Road at Verde Vista, See Exhibit A Utilities: City of Georgetown water, wastewater and electric Zoning: MF, Multi -family, OF, Office and C-1, Local Commercial 2030 Plan: Community Commercial and Moderate Density Residential Status: This property contains 33.63 acres in the Fish and Wright Surveys to be developed as age - restricted multifamily residential, commercial and office uses. All of the above uses are currently allowed in their existing zoning districts as depicted on the zoning map. The age -restricted residential development is consistent with the limitations placed on the existing MF, Multifamily District with the 1997 rezoning. The Multifamily District is currently located along the east and southeast of the 33.76-acre tract. The applicant proposes to reconfigure the internal boundaries of the current zoning districts to provide more residential use adjacent to the existing residential subdivision to the south. Of the 33.76 acres, 7.558 acres will be rezoned from OF to MF for a total of 20.3 acres of MF. The existing C-1 located along Shell Road is being reconfigured to create a more square and developable commercial tract, which requires rezoning 2.131 acres from OF to C-1 for a total of 12 acres of C-1. This portion of the tract is located in the southwest central part of the tract. There will still be a 1.3-acre tract OF zoning immediately adjacent to the southwest corner of the lot that will access Shell Road. Due to the proximity of this tract to the intersection of Shell Road and Williams Drive at Cedar Breaks Road, staff is recommending approval of both the rezoning from OF District to C-1 District and from OF District to MF District as it enhances the transitional buffers between the more urban residential and the commercial intersections. Additionally, with the development of this tract, the applicant will be platting the property and providing the extension of Verde Vista to intersect with Shell Road. Surrounding Land Use / Zoning: Location Zoning 2030 Land Use Existing Use Designation Item # EE Attachment number 1 Page 2 of 3 C-1, Local Commercial and RS, Moderate Density Undeveloped North Residential Single -Family Residential Commercial and Residential Mixed Use South ETJ Neighborhood and Serenada Subdivision Moderate Density Residential East RS, Residential Single Family Moderate Density Georgetown Village Residential Banks, Retail and West C-1, Local Commercial Community Undeveloped Commercial Commercial Basis of Support: A. As proposed, the zoning of this development implements the following Vision/ Goals/Policies and Actions of the Georgetown 2030 Comprehensive Plan, Land Use Element Plan: Policies and Actions: I.A. Encourage a balanced mix of residential, commercial and employment uses at varying densities and intensities, to reflect a gradual transition from urban to suburban to rural development. Policies and Actions: 1E.3. Promote mixed -use, pedestrian -friendly land use patterns, including community activity centers, neighborhood activity centers, conservation subdivisions, and walkable neighborhoods. Policies and Actions: 3A.1 Establish a tiered growth framework as follows: Tier 1- Short Term, Tier 2 - Intermediate, Tier 3 - Long Term; to promote contiguous, compact and incremental expansion of the city's edge. B. The proposed development promotes the health, safety, or general welfare of the City and the safe, orderly and healthful development of the City through its consistency with, and implementation of, the Georgetown 2030 Comprehensive Plan. History: On August 5, 1997, the Planning and Zoning Commission recommended approval of a rezoning of this property and on September 9, 1997, the City Council approved an ordinance for rezoning 205.2 acres known as the Campbell -Georgetown No.1 from A, Agricultural to C-1, Local Commercial, RM-2 Dense Multifamily, RM-2 Dense Multifamily Restricted (Tract 4), RM-3, Office and Service District and RS, Residential Single -Family Districts. The tract currently under consideration includes Tract 4 of the original rezoning. The conversion of the zoning districts with the Unified Development Code changed the RM-2, Dense Multifamily District to MF, Multifamily District and RM-3, Office and Service District to OF, Office District. A restriction placed on Tract 4, the original multifamily portion of this tract, limited that district to a retirement living center. At the time of the 1997 rezoning, the realignment of Shell Road had not been determined; therefore, the final placement of Shell Road created a single tract with multiple zoning districts Item # EE Attachment number 1 Page 3 of 3 identified in the original rezoning as all or portions of Tracts 2, 3A, 313, 4 and 7A. Special Considerations: There are not special considerations proposed. Financial Impact: There are no financial impacts proposed. Public Comments: Two written comments have been received at the time of this report in opposition to the existing and proposed zoning. Several speakers addressed the Planning and Zoning Commission with concerns about development along Shell Road and expressed support of the age restriction on the multifamily portion of the development. Planning and Zoning Commission: At their June 3, 2008 meeting, the Commission by vote of 6-0 to recommend approval of a Rezoning 2.131 acres (Tract 1) from OF, Office to C-1, Local Commercial and 7.558 acres from OF, Office to MF, Multifamily (Tract 2) out of 33.76 acres in the J. Fish and D. Wright Surveys, subject to the multifamily portion of the property being limited to age -restricted development. The attached ordinance defines age -restricted development as a multiple -family structure where each unit is occupied by at least one person who is 55 years of age or older. City Council Action: At their June 24, 2008 meeting, the City Council by vote of 7-0 approved the First Reading of an ordinance Rezoning 2.131 acres (Tract 1) from OF, Office to C-1, Local Commercial and 7.558 acres from OF, Office to MF, Multifamily (Tract 2) out of 33.76 acres in the J. Fish and D. Wright Surveys, subject to the multifamily portion of the property being limited to age -restricted development. Recommended Motion: Approval of a Rezoning 2.131 acres (Tract 1) from OF, Office to C-1, Local Commercial and 7.558 acres from OF, Office to MF, Multifamily (Tract 2) out of 33.76 acres in the J. Fish and D. Wright Surveys, subject to the multifamily portion of the property being limited to age -restricted development. Attachments: Ordinance; Attachment A - Zoning Map; Attachment B - Minutes; Attachment C - Public Comments Item # EE Attachment number 2 Page 1 of 6 ORDINANCE NO. An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Zoning District Map adopted on the 4f Day of April 2002 in accordance with the Unified Development Code passed and adopted on the 111" Day of March 2003, to change 2.131 acres (Tract 1) from OF, Office to C-1, Local Commercial and for 7.558 acres from OF, Office to MF, Multifamily (Tract 2) out of 33.76 acres in the J. Fish and D. Wright Surveys, as recorded in Volume 1678, Page 9 of the Official Records of Williamson County, Texas; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City Council for the Purpose of changing the Zoning District Classification of the following described real property ("The Property"): 2.131 acres (Tract 1) and 7.558 acres (Tract 2) out of a 33.76-acre tract in the J. Fish and D. Wright Surveys, as recorded in Volume 1678, Page 9 of the Official Records of Williamson County, Texas, hereinafter referred to as "The Property"; Whereas, the City Council has submitted the proposed change in the Base Ordinance to the Planning and Zoning Commission for its consideration in a public hearing and for its recommendation or report; and Whereas, notice of such hearing was published in a newspaper of general circulation in the City; which stated the time and place of hearing, which time was not earlier than fifteen (15) days for the first day of such publication; and Whereas, written notice was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; and Whereas, the applicant for such zoning change placed on the property such sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and Whereas, the City Planning and Zoning Commission in a meeting held on June 3, 2008 recommended approval of the requested zoning change for the above described property for 2.131 acres (Tract 1) from OF, Office to C-1, Local Commercial and for 7.558 acres from OF, Office to MF, Multifamily (Tract 2) out of 33.76 acres in the J. Fish and D. Wright Surveys, subject to the multifamily portion being limited to age -restricted development. Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas, that: Fish and Wright Surveys 33.76 acres Item # EE Page 1 of 3 Attachment number 2 Page 2 of 6 Section 1. The facts and recitations contained in the preamble of this ordinance 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 ordinance implements the following Visions/Goals/Policies and Actions of the Georgetown 2030 Comprehensive Plan, Land Use Element Plan: Policies and Actions: I.A. Encourage a balanced mix of residential, commercial and employment uses at varying densities and intensities, to reflect a gradual transition from urban to suburban to rural development. Policies and Actions: 1E.3. Promote mixed -use, pedestrian -friendly land use patterns, including community activity centers, neighborhood activity centers, conservation subdivisions, and walkable neighborhoods. Policies and Actions: 3A.1 Establish a tiered growth framework as follows: Tier 1- Short Term, Tier 2 — Intermediate, Tier 3 — Long Term; to promote contiguous, compact and incremental expansion of the city's edge. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other policies of the Georgetown 2030 Comprehensive Plan Section 2. The Zoning Map of the City, as well as the Zoning District for the following described Property, is hereby changed as follows: Tract 1— being 2.131 acres out of 33.76 acres in the J. Fish and D. Wright Surveys, and further described by metes and bounds as "Tract 1" on Exhibit A, is hereby changed from OF, Office to C-1, Local Commercial. Tract 2 — being 7.558 acres out of 33.76 acres in the J. Fish and D. Wright Surveys, and further described by metes and bounds as "Tract 2" on Exhibit A, is hereby changed from OF, Office to MF, Multifamily. Tract 2 shall further be subject to the special condition that the tract shall be limited to age -restricted development. Exhibit A is attached hereto and incorporated herein by reference for all purposes, and the above described zoning map change is hereby adopted by the City Council of the City of Georgetown, Texas. Section 3. The definition of age -restricted development is herein established as a multiple - family structure where each unit is occupied by at least one person who is 55 years of age or older. Section 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 5. If any provision of this Ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or Fish and Wright Surveys 33.76 acres Item # EE Page 2 of 3 Attachment number 2 Page 3 of 6 application 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 6. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect on the date of final adoption by City Council. PASSED AND APPROVED on First Reading on the 24th day of Tune 2008. PASSED AND APPROVED on Second Reading on the 251h day of November, 2008. ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Patricia E. Carls City Attorney THE CITY OF GEORGETOWN: By: George Garver Mayor Fish and Wright Surveys 33.76acres Item # EE Page 3 of 3 Attachment number 2 Page 4 of 6 EXHIBIT A Tract 1, to be zoned G-1 Beginning for reference at a point in the southern right of way of Shell Road, being also the northwestern corner of 33.763 acres, a part of the Joseph Fish Survey, Abstract No. 232, the following three courses: 1. S 37°05'53" E, a distance of 82.48'; thence 2. N 67°14'14" E, a distance of 295.79'; thence, crossing the said 33.763 acre parcel 3. N 07°46'34" E, a distance of 126.58', to the POINT OF BEGINNING. Thence, crossing the said 33.763 acre parcel, the following four courses: 1. N 82 ° 13'26" W, a distance of 243.96"to an angle point; thence r 2. N 25'18'14" W, a distance of 689.64' to an angle point; thence 3. S 57°27'54" W, a distance of 295.79' to an angle point; thence. 4. S 07°46'34" W, a distance of 640.41', to the POINT OF BEGINNING, and enclosing an area of 2.135 acres, more or less. Tract 2, to be zoned MF Beginning for reference at a point in the southern right of way of Shell Road, being also the northwestern corner of 33.763 acres, a part of the Joseph Fish Survey, Abstract No. 232, the following two courses: 1. S 37005'53" E, a distance of 82.48'; thence 2. N 67014'14" E, a distance of 295.79'to the POINT OF BEGINNING. Thence, crossing the said 33.763 acre parcel, The following six courses: 1. N 07°46'34" E, a distance of 766.99' to an angle point; thence 2. S 57°27'54" E, a distance of 208.62' to an angle point; thence 3. N 25001'08" E, a distance of 264.15' to an angle point; thence 4. S 39°39'30" E, a distance of 158.18' to an angle point; thence 5. S 15°09'21" E, a distance of 235.97' to an angle point; thence Item # EE Attachment number 2 Page 5 of 6 6. S 29012'32" E, a distance of 283.22' to an angle point being also a point in the southern boundary of the said 33.763 acre parcel. Thence, along the southern boundary of the said 33.763 acre parcel, S 67°14'14" W, a distance of 750.67' to the POINT OF BEGINNING, and enclosing an area of 7.558 acres, more or less. Item # EE Attachment number 2 Page 6 of 6 Rezoning Boundary EXHIBIT A 1/2- iR W/CAF Mo 1/r iR W/CAP FND N�.— LINE TABLE LINE I BEARING LENGTH L1 I N37'05'53"W 82.48 CURVE TABLE CURVE LENGTH RADIUS LONG CHORD CHORD DIST. DELTA TANGENT C1 159.29 1010.00 N12'26'40"E 159.13 9'02'11' 79.81 SCALE: 1" = 300' LAND STRATEGIES INC. Shell Road Tract LSI 1418.01 PAUL LINEHAN & ASSOCIATES K:\DATA\1401-1450\141&01\DWG1Topo_hase.dwg, 0412810917:04:26 h � u a yy } Proposed C a1 i Zoning f OF y_ 210 105 0 210 Feet EST 11411 G EORG ETQW N —n /7ena al Zonem: TEXAS texas state t�aneicentral zonemrnD a3ius Feet Cartographic Data For General Planning Purposes Only '-�'Achjmen , Attachment �f 4. `r 9.689 Acres Pt VIEE the Fish Survey 431 Attachment number 4 Page 1 of 3 Attachment B Planning and Zoning Commission and City Council Minutes 1. Agenda Item: Consideration and possible action on a request for a Rezoning of 205.2 acres in the Fish and Wright Surveys, to be known as a portion of Campbell -Georgetown No. 1, from A, Agricultural to C-1, Local Commercial, RM-2 Dense Multifamily, RM-2 Dense Multifamily Restricted (Tract 4) and RS, Residential Single family districts. Planning and Zoning Commission Action (August 5, 1997): Consideration and possible action on a request for a Rezoning of 205.2 acres in the Fish and Wright Surveys, to be known as a portion of Campbell -Georgetown No. 1, from A, Agricultural, to C-1, Local Commercial, RM-2, Dense Multifamily, RM-2, Dense Multifamily Restricted, and RS, Residential Single Family, or any more restrictive district, located at Shell Road and Williams Drive. Cal Wilkerson made a motion to approve the requested rezoning of the property to be known as a portion of the Campbell Georgetown Subdivision, from the A, Agricultural zoning district to the following zoning districts: • Tract 2, to C-1, Local Commercial; • Tract 3A, to RM-3, Office and Service; • Tract 3B, to C-1, Local Commercial; • Tract 4, to RM-2, Dense Multifamily Restricted to retirement living center; • Tract 5, to C-1, Local Commercial; • Tract 6, to RM-2, Dense Multifamily; and • Tracts 7A, 7B, and 7C, to RS, Residential Single Family, with Tracts 7B and 7C limited to the density shown on the Concept Plan. Motion was passed by a vote of 5-0. City Council Action (August 26, 1997): First Reading of an ordinance to Rezone 205.2 acres in the Fish and Wright Surveys, to be known as a portion of Campbell -Georgetown No. 1 from A, Agricultural to C-1, Local Commercial, RM-2, Dense Multifamily, RM-2, Dense Multifamily Restricted, and RS, Residential Single Family, or any more restrictive districts, located at Shell Road and Williams Drive. Barry read the caption of the ordinance. Hoyt asked for and received clarification on the buffering standards. Approved 6-0. (Shelly Davis absent) City Council Action (September 9, 1997): Second Reading of an ordinance to Rezone 205.2 acres in the Fish and Wright Surveys, to be known as a portion of Campbell - Georgetown No. 1 from A, Agricultural to C-1, Local Commercial, RM-2, Dense Multifamily, RM-2, Dense Multifamily Restricted, and RS, Residential Single Family, or any more restrictive districts, located at Shell Road and Williams Drive. Kingma read Item # EE Attachment number 4 Page 2 of 3 the caption of the ordinance. Approved 6-0. (Burson was absent) 2. Agenda Item (June 3, 2008) - Public Hearing and possible action on a Rezoning for 33.76 acres in the J. Fish and D. Wright Survey from OF, Office to C-1, Local Commercial and from OF, Office to MF, Multifamily, located near in the intersection of Shell Road and Williams Drive. Planning and Zoning Commission Action (June 3, 2008) - Staff report given by Carla Benton. Greater notification was made to inform the public even though the property next to those who are adjacent will not be affected. Gibbs invited the applicant to speak. Paul Linehan stated he is meeting with the City for the preliminary plans and are working with some of the residents regarding the fencing with buffer. Drainage and water quality will be addressed and will not increase the water flow. Heritage trees will be worked around and a tree survey will be done. Gibbs opened the Public Hearing. Bill Sells, Heritage Oaks. He is opposed to anything backing up to Shell Road. He hopes the applicant sticks with the plan presented. John Richards, 809 Moquia Trail, He does not trust developers and feels this developer is wishy washy. He asked the Commissioner if we are here to help the neighbors or are we here to help the developer. Jerry does not agree with the rezoning. He feels the proposed should be age restricted, it would be a good idea and feels that this is what should happen. Mr. Gibbs closed the Hearing. Approved (6-0) City Council Action (June 24, 2008): Public Hearing and First Reading of an ordinance Rezoning for 2.131 acres (Tract 1) from OF, Office to C-1, Local Commercial and for 7.558 acres from OF, Office to MF, Multifamily (Tract 2) out of 33.76 acres in the J. Fish and D. Wright Surveys, located near the intersection of Shell Road and Williams Drive. Benton explained the item and directed Council to an exhibited drawing in the packet. She said the staff believes this rezoning is consistent with the 2030 Plan. She said the Planning and Zoning Commission supported this rezoning but required that the multi- family be limited to age restricted. Benton read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. The Public Hearing was opened at 6:33 p.m. Speaker, Mitch Wright with Land Strategies, representing the landowners, noted this is zoning cleanup and offered to answer questions from the Council. Sattler said he wanted to confirm, for the record, that the squaring off of C-1 doesn't come into contact with Heritage Oaks Subdivision. Brainard asked how many multi -family units would be built. Wright answered between 12 to 14 units are being proposed in the concept plan. The Public Hearing was closed at 6:35 p.m. Item # EE Attachment number 4 Page 3 of 3 Motion by Berryman, second by Sansing to approve the rezoning with the age restrictions. Approved 7-0. Item # EE Attachment C Attachment number 5 Page 1 of 10 PROPERTY OWNER'S COMMENTS Project Name: REZ-2006-005 - Fish and Wright Survey, 33.76 acres Jim & Ruth Tipton N aIlZe o r Respondent 4906 Big Bend Trail Georgetown, TX 78633-5241 Address of Respondent: I am in favor: I object: I c e b,• U additional Comments: h- �£"'' ,- �'-' !` 4-�e��n �� E : at_ A4 L -� �e� w Written comments will be preseffted to the Commission. ig Please send to: Cite of C;eorgeto�� n C�£ Planning and Development Services l _a.ttr,,: Stephanie McNickle r P. O. Box 14:�8 Georgetoivn, Texas 78627 J'`CUn PIA4\NOTICG\PE_12000\Forma: - P&Z Letter dDC Item # EE Attachment number 5 Page 2 of 10 CITY OF GEORGETOWN NOTICE TO SURROUNDING PROPERTY OWNERS EST. 11148 OF A SCHEDULED PUBLIC MEETING G EORGETOWN TEXAS Notice is hereby given that the City of Georgetown will hold a Public Meeting of the Planning and Zoning Commission. This meeting will be held on Tuesday, the 3rd day of June, 2008, at 6:00 p.m., at the regular meeting place in the City Council Chambers, 101 E. 7th Street, Georgetown, Texas to consider the proposed: • Public Hearing and possible action on a Rezoning for 33.76 acres in the J. Fish and D. Wright Survev from OF, Office to C-1, Local Commercial and from OF, Office to MF, Multifamily, located near in the intersection of Shell Road and Williams Drive. REZ-2008-008 (CB) As one of the owners of adjacent property, you are invited to be present at such meeting to comment on the proposed plan. See the attached Exhibit for the project location. A copy of the planning report related to this item will be available at the Planning & Development Office, located at 300 Industrial Avenue, or you may visit the City of Georgetown web site at www.georgetown.org and review the staff report on the proposed application no later than the Saturday prior to the Planning and Zoning meeting described above. For further information, or to preview the project file, you may contact Carla Benton, Planner, Planning and Development at 930-3580 or cjb@georgetowntx.org This item will be considered by the City Council at its regular meeting of Tuesday, June 24, 2008, at 6:00 p.m. in the City Council Chambers, located at 101 E. 71h Street. PROPERTY OWNER'S COMMENTS Project Name: REZ-2008-008 - Fish and Wright Survey, 33.76 acres Name of Respondent -7 r Address of Respondent: I am in favor: I object: Written comments will be presented to the L.ommission. Please send to: City of Georgetown Planning and Development Services Attn: Stephanie McNickle P. O. Box 1458 Georgetown, Texas 78627 i G,J r� LAC r `�-,L-7 c,.��- Wiz. _. / ~�/?r'�,Y GL ors J J:\CUR PLANWOTICE\P&Z%2008T--8, - P&Z Noti(caut`eMo# E E Yahoo! Mail - texasbuffaloes@yahoo.com Wage 1 of 2 Attachment number 5 Page 3 of 10 MAIL cl.,int - Cios-- Window To: heritageoaksgeorgetown@yahoogroups.com From: "Joann Journey" <jojourney802@yahoo,com> Date: Sun, 25 May 2008 16:42:16 -0700 (PDT) Subject: [heritageoaksgeorgetown] Meeting to re -zone 33.76 acres across Shell Rd. to Multifamily Notice is hereby given that the City of Georgetown will hold a Public Meeting RECENT ACTIVITY of the Planning and Zoning Commission. This meeting will be held on New Members Tuesday, the 3rd day of June, 20o8, at 6:oo p.m., at the regkular meeting New Files place in the City Council Chambers, ioi E. 7th Street, Georgetown, Texas to Visit Your Group consider the proposed: Public Hearing and posssible action on a REZONING FOR 33.76 acrers in the J. Fish and D. Wright Survey from OF, Office to c-1, Local Commercial T and from OF, Office to MF, Multifamily, located near in the intersection of � a no a nc It's Now PersonalGuides, Shell Road and Williams Drive. REZ-2008-0o8 (CB). news, As one of the owners of adjacent property, you are invited to be present at advice g more. such meeting to New. a comment on the proposed plan. now. ffic now. Drive traffic The Planning Commission was called last week and was asked by one of our Get your business residents why they hadn't sent letters to all residents of Heritage Oaks on Yahoo! search. residents, and their reply was that they sent them out to all surrounding jarve properties. Can you believe that when only one person recieved the notice of -av on Yahoo! Groups the scheduled meeting. Sounds likes our City Council are trying to slip this For all things past us. green and growing. A copy of the planning report related to this item will be available at the Planning and Development Office,located at 300 Industrial Avenue, or you may visit the City of Georgetown web site at www.georgeto_wn. org and review the staff report on the proposed application no later that the Saturday prior to the Planning and Zoning meeting. For further information, or to preview the projuect file, you many contact Carla Benton, Planner, Planning and Dvelopment at 930-358o or cjbCgeorgetowntx. org. This item will be considered by the City Council at its regular meeting of Tuesday, June 24, 2oo8, at 6:oo p.m. in the City Council Chambers, located at ioi E. 7th St. PROPERTY OWNER'S COMMENTS Project Name: REZ-2oo8-oo8- Fish & Wright Survey, 33.76 acres Name of Respondent_ Address of Respondent:_ ( �} ` l; ect__� Additional Comments:_ http:llus.f361.mail.yahoo.comlym/ShowLetter?box=Inbox&Msgld=2432_576049_17566_... if4�20(k Attachment number 5 Page 4 of 10 PROPERTY OWNER'S COMMENTS Project Name: REZ-2008-008 —Fish and Wright Survey, 33.76 acres Name of Respondent Address o Responder 1 am in favor: Additional Comments: Written comments ti ill be presented to the Commission. Please send to: City of Georgetov,,n Plaruluzg and Development Services Attri: Stephanie McNickle P, 0. Box 1458 Georaetov,rn, Texas 786''7 J'ICUR PLANW07ICE+F&Z',200L\Fort I - PSZ Nntlficallun teller dcc Item # EE Attachment number 5 Page 5 of 10 L � 1-7 soq �` � �� �e'-"� 5�'��.� So1� C�f�� `. �l/' ✓S��C�I't/ # E E Attachment number 5 Page 6 of 10 flf Item # EE Attachment number 5 Page 7 of 10 CITY OF GEORGETOWN NOTICE TO SURROUNDING PROPERTY OWNERS EST. 11141 AGzETQWN OF A SCHEDULED PUBLIC MEETING EXAS Notice is hereby given that the City of Georgetown will hold a Public Meeting of the Planning and Zoning Commission. This meeting will be held on Tuesday, the 3rd day of June, 2008, at 6:00 p.m., at the regular meeting place in the City Council Chambers, 101 E. 7th Street, Georgetown, Texas to consider the proposed: • Public Hearing and possible action on a Rezoning for 33.76 acres in the J. Fish and D. Wright Survey from OF, Office to C-1; Local Commercial and from OF, Office to MF, Multifamily, located near in the intersection of Shell Road and Williams Drive. REZ-2008-008 (CB) As one of the owners of adjacent property, you are invited to be present at such meeting to comment on the proposed plan. See the attached Exhibit for the project location. A copy of the planning report related to this item will be available at the Planning & Development Office, located at 300 Industrial Avenue, or you may visit the City of Georgetown web site at www.georgetown.org and review the staff report on the proposed application no later than the Saturday prior to the Planning and Zoning meeting described above. For further information, or to preview the project file, you may contact Carla Benton, Planner, Planning and Development at 930-3580 or cjb@geor0getowntx.org item will be considered by the City Council at its regular meeting of Tuesday, June 24, 2008, at 6:00 p.m. in the City Council Chambers, located at 101 E. 71h Street. PROPERTY OWNER'S COMMENTS Project Name: REZ-2008-008 - Fish and Wright Survey, 33.76 acres Name of Respondent Address of Respondent: "I �:� �—L A —`?.A L i Li !�`�"'^ —7Li�.3 I am in favor: I object: Additional Comments: WA*,11—, ) �-, � q- P vyl-� A,�, [''T Written commelits will be resented to the Commission.�� Please send to: City of Georgetown , p r i Planning and Development Services Attn: Stephanie McNickle P. O. Box 1458:. Georgetown, Texas 78627 >i! kos j CA V`% t �` °-1 1 ►''0i ' cr1"vv'oa,V1 KA/ ( Vj;\` ,c. a 'r a ,I ,y ��� �:1cuR PLAN wTlce o, sztzo � s o c a c# E E Attachment number 5 Page 8 of 10 a' CITY OF GEORG E TOIA, P� ETSNSNOTICOJ!- E • IN4I �T:� ^: OF SC=IEDUtEDPLTBL MEETING ' a Fi�_-'n '_'o_eC_�mot. ! riee nCc-, :aPrinc an ?Griinc- C}r II:_„=20 n.S =ii'tcc. i_ = !._, TUe=ua' .l_ C?: ti ;_. -ITI., at tr[t e �7tii 71eetln a•_; Il, t'l —011nzii '�i?arnr)ers -1 G 7 'eOY etCl 'P. Te` dS TC' Oi1S7 7C 7 tale PubIl-- Hearing Inc. L jc ! ;` or: n r'ezonin-' i0" 33.6 acres in the 5. Fish and D. Wright Survev ."o:T, •�?-. 4: i,--e 7:�I C '—aca7 --'an=nercia! an- trolls .)�, Office to r\fr, " �+�luitt�ar. nfly, l Cate. . i_ . n,-a:- lr• the intersection of Sine), Roan and Vvillla r.s Drive. t -Z-20O -00Q tCBl As one of the owners of adjacent property, ,you are inviied to be present at such meet -mg to comment on the proposed plan. See the attached Exhibit for the project location. A cope of the planning report related to this item will be available at the Plai-uZing b Development Office, located at 300Industrial Avenue, or you may visit the City of Georgetovvr �Aleb site at �,vww.georgetown.org and review the staff report on the proposed application no later than the Saturda v prior to the Planning and Zoning meetina described above. For rurthe2 information, or to previev,- the project rile, you may contact Carla Benton, Planner, Plarmin`, and Development at 930-35S0 or cjbrL11georgetmvntx.org This item will be considered bar the Cite Council at its regular meeting of Tuesday, June 24, ?()CIS, at 6:00 p.m. in tl-le Cite Council Chambers, located at 101 E. 71" Street. PROPERTY OWNER'S COMMENTS Project Name: F.E7-')008-00S - Fish and Vdricht Survev, 33.76 acres Name of Respondent �n Address of Pes onde lt; p —'/� / ✓ (' r r /' ti ,� I am in favor: I object: Additional Comments: �cc �� �l/�— i 1 !,•Vhf��,F 'l\Titter) comments v, ill be presented to the Commission. Please send to: City or Geora,eto\,vn Pla,-Lni c and Development Services :4•.tu-l: Stephanie 1\�cNickle P . 0. Box 1458 Georaetoi,vn, Texas 786=7 Item # EE ..;l�l1R ?;;.IJ\N�•Tt.'-E\?4�';�pOfl\Fogel-?i.�NolifiGa�ioi, yeller oaC Attachment number 5 Page 9 of 10 ARTY Or GEORGETOWN NOTICE i STURROUNDING PROPERTY ow,,,ERS ES:.6aF c.f G c.0 u i Oy' eW A SCHEDLZED PLFLIC MEETING Notice iE _'le`e-z �• �;� t,ia-L `,'e .. i '.x�Grae-01�T. ^ T no 7 i tact; ^ e P _1 _. c� :�' _ t .l iC, ., �'u_:1� \1..."..j•1` 0. Sri . Zar?1IP.c, and !,o irlc, COn=iSSion. T:--L :nee-= Z Wi-l-' '-)e heid on Tuesuav, ti:e pro da i' o; I 7�'J7�. �:OC1 ri a? Ltd ra�llia rrlee 1T?` n:a'ce Lr! t11e Cin' O'1 IcL ne ! I I J^eO+ �"Or�erOV Te?:a- -c : Consiaer ale ropose`, r Pulblic ear;nE: nc".s:i`!_- ..;..7:7": or-: a ReZonilIc i07- ..--,76 acres in the j. Fish and D. Wnai Su: ,cy _ _ _. , E _ _ _"cd1 OZ 17ierCIai and ;or_. "�>`, Office to MF, ilea- an- I^'ilhal?1s ✓'r7Ve.. REZ-2010S-00S: (C-b) -.0 'One' O: Lhe o-wnen� o- a6`ace: : �� �C% voT. are L1vitea' ro ne preseni a_ SIZ _h me`e L'Ls' t� cOInment or the nrODOsea :71an. See the a Cached xI1I'Dit IOr Tile �roleCt lOCa 10n. A, copy' oI the rlanninlz report related to t_}ds item will be available at the Planning DeVeloD rent Office, located at 300 in6ustriai Avenue, or you rnav Visit 4-ie Cin' of GeOrgetowr, web site at wNn7w.georLreto'wn..ora and review, the staff report on the proposed application no late; than the Saturday' prior to the Planrdng and Zoning meeting described above, For further information, or to -preview, tt-le project fide, eou rnav contact Carla Benton, Planner, Piannin. , and Deveio-,_)merit at 930-3530 or Hb,@georgetowntx.org This item v� ll be considered by the Cin' Council at its regular meeting o Tuesdav, Tune 24, 200E, at 6.00 p.rr.. ir, the Ci s Council Chambers, located at T01 E. 71�, Street. PROPER -IF' Oiti�ER'S COIVLKE TS Protect Name: F Z- 200E-008 _'Fish and Wright Survey, 33.76 acres N arne o;" Respondent ;� ,�4 n/ 7"Y' %-i I N Address of Respondent: J J )00' j 11= i-,4 -tL I am in favor: l I object, ddlLlor aI COIrLI71e 1tS. 7,1�-� C � - V ri�LLen COrr_LMerirs V17111 DC- presentee to Tile Co2n=LL:slon. Please Send to: CIty, o? '7eorpetown Pla.-Lnin� and Develo-prnent Services fi trr:: Stephanie 1\ cNickle P, O. Box 45fi T '.Jeor`elojni:, texas /7:JUpp`` ^/ J:1.^.UF_PLhNW^�Tl�RALc�l2D0B1'ormal-�E_Nolil�alion Lytf�em # EE Attachment number 5 Page 10 of 10 June 24 200E Cim Council of Georgetown Texas Planning and Zoning Commission Georgetovni. Texas WE OBJECT' to vour positive action on a Rezoning for 33.76 acres in the J. Fish and D.'Wright Survey from OF. Office to C-1. Local Commercial and from OF. Office to MF. Multifamily. located near in the intersection of Shell Road and Williams Drive. REZ-200S-008(CB) "Heritage Oaks". and "The Oaks at Wiildwood ". were primarily developed for the housing of our older citizens. "Heritage Oaks"_ A Jimmy .Jacobs Developement for citizens dd yrs, of age and older, have restrictions in this subdivision as stated in our Home Owners Association. .Alto,Aing the rezoning plans as stated would greatly afrect the liveable environment in these communities . Not only would we have more traffic. but pollution from vehicles and an increase in the noise level . This would have a significant impact on the quality of life and health of our older persons. There are many acreage's along'Williams Road that already- have these rype of structures. Please look at the mane VACANT office and shop spaces that are already available near this proposed rezoning area. I count 25 to 30. to mention a few the following: 1. Wildwood Road Storage Facilities. 2. Corner Shell and Williams, behind CVS Pharmacy. 3. Strip Mall 'West of HEB has manv vacancies. ?.'Williams Drive from Booty Dr to'W-ildwood. This "rezoning change" would in no way increase our properry value. It will only decrease it's value and TRASH an area that has upheld thehighest standards of developement. Thank you. Daniel J.Nolting and .loan C. Nolting f Item # EE City of Georgetown, Texas November 25, 2008 SUBJECT: Public Hearing and First Reading of an Ordinance on a Rezoning from AG, Agriculture District to C-1, Local Commercial District for 10.55 acres in the Donagan Survey, located at 2451 State Highway 29, also known as 29 Oaks Subdivision -- Jordan Maddox, Planner III and Elizabeth Cook, Director Planning and Development ITEM SUMMARY: This is a rezoning on a property fronting SH 29 West to C-1, effective on the date of annexation, December 31, 2008. See the attached staff report. FINANCIAL IMPACT: No financial impact at this time. SUBMITTED BY: Jordan Maddox, Planner III and Elizabeth Cook, Director of Planning and Development ATTACHMENTS: Exhibit B - Location Map Exhibit C - Future Land Use Exhibit A - Field Notes Ordinance Staff Report Cover Memo Attachment number 1 Page 1 of 3 City Council Meeting: November 25, 2008 Item No. Agenda Item Cover Sheet Subject: Public Hearing and First Reading of an Ordinance on a Rezoning from AG, Agriculture District to C-1, Local Commercial District for 10.55 acres in the Donagan Survey, located at 2451 State Highway 29, also known as 29 Oaks Subdivision. Item Summary: Owner: Chris Griesbach, MGC 29 Development, LLC Agent: Chris Griesbach Location: SH 29 West, directly east of proposed Shadow Canyon Subdivision Utilities: Chisholm Trail water, City of Georgetown wastewater, Pedernales electric Zoning: AG, Agriculture (following Annexation) Future Land Use: Low Density Residential Status: The application is for C-1, Local Commercial District, from AG, Agriculture District (the default annexation zoning district), for 10.55 acres. The site is located along Highway 29 adjacent to the proposed Shadow Canyon Subdivision. The property remains outside of the city limits at the present time; however, it is part of the City's 2008 involuntary annexation process, which will be effective December 31, 2008. The UDC allows for rezoning applications to run concurrently with the annexation; since the property will still be outside of the city limits at the date of second reading, the effective date for this rezoning will be December 31st. There is a final plat application currently in process that will not be affected by this rezoning application. History: This site originally applied for and received an Intensity Level change (the process of the old Century Plan) from level 1 to level 3 on October 9, 2007. The increase in Intensity was granted, following the terms of a Council resolution requiring conservation design in the South San Gabriel Basin. Those terms were agreed to by the original applicant and conservation open space was designated in the Preliminary Plat, approved January 8, 2008 by City Council. The property was not zoned nor annexed at that time. Submittal Consideration: The plan for the property is to have retail/commercial uses to be located along Highway 29 frontage, with limited driveway access and internal connectivity. The approved Preliminary Plat for the property splits the 10.55 acres into five separate lots intended to be sold separately for various uses. The City's C-1 District allows for a variety of commercial uses including personal services, restaurants, offices, and hotels. The 2030 Future Land Use Plan designates the property as low - density residential, reflecting the mostly residential zoning/potential of the surrounding properties. The Future Land Use residential categories allow and expect some local -serving commercial/retail 29 Oaks AG to C-1 Zoning Page 1 of 3 Attachment number 1 Page 2 of 3 along major arterials, which fits the description of this property. The Plan anticipates that there will be light retail and other commercial uses on these types of roads between the larger commercial intersection nodes. The intent of the Future Land Use Plan is to allow flexibility in the residential categories to have smaller -scale non-residential uses in certain circumstances. Staff will consider access, buffering and compatibility to the adjacent residential in any request for non-residential zoning in these residential categories. Consequently, staff has taken into consideration that this property is on a major arterial, has significant buffering to the proposed Shadow Canyon due the conservation open space, and will meet the design requirements of the local commercial district that are compatible in size and scale with the adjacent residential homes. A side note - this project has dedicated right-of-way for Highway 29 per requirements of the City. The County widening project is not factored into that dedication but could potentially require more land within this project in the future. This application will not affect that potential. Utilities: The site will be served with Chisholm Trail water, which has agreed to serve the site at capacity suitable to the proposed uses. Wastewater will be served by the City of Georgetown. The site will take advantage of the South Fork Interceptor, which currently is constructed to the southern boundary of Shadow Canyon and will be extended to this site through the Shadow Canyon subdivision at a later date. The line was sized to accommodate the level of service on this site and will have capacity when a line is extended to the property. Electric will be served by Pedernales. Staff Recommendation: Staff supports the rezoning change from AG to C-1, based on the accessibility to Highway 29, the need for some local -serving commercial in this area, the design compatibility with the local residential, and the consistency with the 2030 Future Land Use Plan. The surrounding zoning and land uses include: Location Zoning Future Land Use Existing Land Use Designation North Outside city limits Moderate Density Mining Residential South RS, Residential Low Density Vacant (Ag) Residential East Outside city limits LD Residential Vacant (A ) West RS, Residential MD Residential Vacant (proposed residential) Basis of Support: Sections 3.06.030 of the UDC identify the Approval Criteria and Specific Objectives required for the establishment of a C-1 District. Pursuant to these Sections the following outlines the basis for staff's 29 Oaks AG to C-1 Zoning Page 2 of 3 Attachment number 1 Page 3 of 3 support of the proposed district. Section 3.06.030 Approval Criteria (Rezoning) A. The application materials submitted provide complete, sufficient and correct information necessary to render adequate review and final action; B. The proposed district is consistent with the intent of the Future Land Use Plan designation of "Low -Density Residential' and implements the following Policies of the Future Land Use Plan: Goal 1: Promote sound, sustainable, and compact development patterns with balanced land uses, a variety of housing choices and well -integrated transportation, public facilities, and open space amenities. C. The proposed district promotes the health, safety, or general welfare of the City and the safe, orderly and healthful development of the City; D. The proposed district is compatible with the zoning and use of surrounding properties and with the character of the surrounding area: Surrounding land uses include moderate -density and low -density residential. E. The site is suitable for the uses proposed in the C-1 district, which allows local commercial/retail uses. Special Considerations: There are no special considerations at this time. Financial Impact: There is no direct financial impact at this time. Comments: There have been no public comments received at this time. Planning and Zoning Commission: At their November 4, 2008 meeting, the Commission unanimously recommended approval of the 29 Oaks rezoning. There was very little discussion beyond the staff summary of the item. Recommended Motion: Conduct the required Public Hearing and Approve of a Rezoning from AG, Agriculture District to C-1, Local Commercial District for 10.55 acres in the Donagan Survey, located at 2451 State Highway 29, also known as 29 Oaks Subdivision. Attachments: Ordinance; Exhibit A: Field Notes; Exhibit B: Location Map; Exhibit C: Future Land Use 29 Oaks AG to C-1 Zoning Page 3 of 3 Attachment number 2 Page 1 of 2 ORDINANCE NO. An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Zoning District Map adopted on the 4th Day of April 2002 in accordance with the Unified Development Code passed and adopted on the 111h Day of March 2003, to rezone 10.55 acres in the Donagan Survey from AG, Agriculture District to C-1, Local Commercial District, as recorded in Document Number 2004012757 of the Official Public Records of Williamson County, Texas; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City Council for the Purpose of changing the Zoning District Classification of the following described real property ("The Property"): 10.55 acres in the Wright Survey recorded by deed in Document Number 2004012757 of the Official Public Records of Williamson County, Texas, hereinafter referred to as "The Property"; Whereas, the City Council has submitted the proposed change in the Base Ordinance to the Planning and Zoning Commission for its consideration at a public hearing and for its recommendation or report; and Whereas, notice of such hearing was published in a newspaper of general circulation in the City; which stated the time and place of hearing, which time was not earlier than fifteen (15) days for the first day of such publication; and Whereas, written notice was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; and Whereas, the applicant for such zoning change placed on the property such sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and Whereas, the City Planning and Zoning Commission in a meeting held on November 4, 2008, recommended approval of the requested zoning change for the above described property from AG, Agriculture District to C-1, Local Commercial District. 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 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 Ordinance implements the following vision of the Georgetown 2030 Comprehensive Plan, 29 Oaks AG to C-1 Zoning Page 1 of 2 Attachment number 2 Page 2 of 2 specifically the following goals, policies and actions of the Land Use Element: 0 Goal 1: Promote sound, sustainable, and compact development patterns with balanced land uses, a variety of housing choices and well -integrated transportation, public facilities, and open space amenities. • Goal 4: Maintain and strengthen viable land uses and land use patterns (e.g., stable neighborhoods, economically sound commercial and employment areas, etc.). and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies of the Georgetown 2030 Comprehensive Plan. Section 2. The Base Ordinance and the Zoning Map of the City, as well as the Zoning District for the Property shall be and the same is hereby changed from AG, Agriculture District to C-1, General Commercial District in accordance with Exhibit A (Field Notes), Exhibit B (Location Map) and incorporated herein by reference, is hereby adopted by the City Council of the City of Georgetown, Texas. Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 4. If any provision of this Ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application 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 is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect on December 31, 2008, the date of annexation adoption by City Council. PASSED AND APPROVED on First Reading on the 25th day of November 2008. PASSED AND APPROVED on Second Reading on the 2008. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee City Secretary APPROVED AS TO FORM: Patricia E. Carls City Attorney 29 Oaks AG to C-1 Zoning Page 2 of 2 By: George Garver Mayor Attachment number 3 Page 1 of 1 EXHIBIT A FIELD NOTES 10.550 ACRES BEING 10.550 ACRES OF LAND LOCATED IN THE ISAAC DONAGAN SURVEY, ABSTRACT NO. 178, WILLIAMSON COUNTY, TEXAS, BEING THE SAME TRACT CALLED 10.570 ACRES CONVEYED TO RAMMING LAND, LLC BY DEED RECORDED IN DOCUMENT NO. 2004012757, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, (O.P.R.W.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: (ALL BEARINGS RECITED HEREIN ARE BASED ON THE MONUMENTED NORTH LINE OF SAID 10.570 ACRES IN THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 29); BEGINNING, at a Y2" iron rod found for the northwest corner of said 10.570 acres, being in the south right-of-way line of said State Highway 29 and being the most northerly northeast corner of that certain 257.038 acres conveyed to San Gabriel Harvard Limited Partnership by deed recorded in Document No. 2002093325, O.P.R.W.C.T.; THENCE, N 75°30'00" E, (bearing basis), along said south right-of-way line of State Highway 29, a distance of 1686.84 feet to a %" iron rod found for the northeast corner herein and being the most northerly northwest corner of that certain 291.09 acres conveyed to Judy W. Hindeiang, et al by deed recorded in Volume 601, Pace 755, O.P.R.W.C.T.; THENCE, along the common line between said 10.570 acres and the said 291.09 acres, the following two (2) courses and distances: 1) S 47°03'25" W, a distance of 857.92 feet to a ''/z" iron rod found for an angle point; 2) S 66°29'42" W, a distance of 229.27 feet to a 40 penny nail found in a stump for an exterior corner herein, being the most westerly northwest corner of the said 291.09 acres and being on the east line of the aforementioned 257.038 acres; THENCE, along the common line between said 10.570 acres and the said 257.038 acres, the following five) (5) courses and distances: 1) N 2°02'30" W, a distance of 51.56 feet to a 40 penny nail found in a 10" Live Oak Tree for an interior corner herein; 2) S 71°18'27" W, a distance of 197.67 feet to a 518" iron rod found for an angle point; 3) N 77°20'37" W, a distance of 70.76 feet to a'/2" iron rod found for an angle point; 4) N 70°47'47" W, a distance of 556.73 feet to a''/z' iron rod found for the southwest corner herein; 5) N 06°30'59" E, a distance of 71.59 feet to the POINT OF BEGINNING, and containing 10.550 acres of land, more or less. Robert E. Hysmith, RPLS No. 5131';'••,°° r41 F1N ;r Exhibit B 29 Oaks Legend ETJOUTLINE CITYLIMITS ❑ PARCELS STREETS LKGEORGETOWN N A 0 7001,400 2,800 4,200 5,600 Feei Exhibit C Proposed C-1 Rezone V 29 Oaks Legend THOROUGHFARE —EXIST RAMP FRONT —EXIST—COLLECTOR —EXIST—FREEWAY —EXIST MAJ ARTERIAL —EXIST—MIN ARTERIAL :ME PROP COLLECTOR Iwo PROP FREEWAY :ME PROP MAJ ARTERIAL Iwo PROP MIN ARTERIAL —:ETJOUTLINE CITYLI M ITS 0 PARCELS FUTURE LAND USE .Institutional ■ Regional Commercial . Community Commercial Ag / Rural Residential . Employment Center Low Density Residential Mining Mixed Use Community . Mixed Use Neighborhood Center Moderate Density Residential Open Space N A City of Georgetown, Texas November 25, 2008 SUBJECT: Public Hearing and First Reading on an Amendment to the Unified Development Code to revise Sections 5.01.030, 5.02.140 and 16.04 as they relate to Bed & Breakfast establishments -- Robbie Wyler, Historic District Planner and Elizabeth Cook, Director Planning and Development ITEM SUMMARY: See attached report Planning and Zoning Recommendation: On November 4, 2008, the Planning and Zoning Commission, with a vote of 5-0, recommended approval of the Amendment to Sections 5.01.030, 5.02.140 and 16.04 as they relate to Bed & Breakfast establishments. Recommended Motion: Conduct the Public Hearingand move for approval of the first reading of an ordinance amending the Unified Development Code Sections 5.01.030, 5.02.140 and 16.04 as they relate to Bed & Breakfast establishments. FINANCIAL IMPACT: None SUBMITTED BY: Robbie Wyler, Historic District Planner ATTACHMENTS: Exhibit A Exhibit B Cover Sheet ORDINANCE Cover Memo Item # GG Attachment number 1 Page 1 of 2 City Council Meeting: November 25, 2008 Item No. Agenda Item Cover Sheet Subject: Public Hearing and First Reading on an Amendment to the Unified Development Code to revise Sections 5.01.030, 5.02.140 and 16.04 as they relate to Bed & Breakfast establishments. History: On May 22, 2007, City Council directed Staff to form a Bed & Breakfast (B&B) Task Force to review and possibly update current B&B regulations with the help of B&B owners and residents that are affected. Over the past several months the Task Force has met multiple times to discuss what changes should be made. Status: In the end the Task Force decided to recommend various revisions including updating the number of guestrooms allowed both in the structure and on the property, who is required to reside on the property, what information is required from all guests upon check -in, the exclusion of temporary fences, residential B&B sign requirements, full service kitchens in accessory buildings and finally to include the allowance of an Events Use Permit for B&B owners. The updated language is now ready for the Commission's consideration. The language being proposed includes updates to sections: 1) 5.01.030 - Zoning Use Table 2) 5.02.140 - Bed & Breakfast 3) 16.04 - Definitions of Uses Staff has prepared the attached draft language for the Commission's consideration. The language specifies updates to the definition of a Bed & Breakfast, allowing for a change in guest room numbers on site. Changes in the Zoning Use Table including the addition of a "Bed and Breakfast with Events" section and an update to the existing Bed and Breakfast requirements as mentioned in the previous paragraph. The "Bed and Breakfast with Events" would allow an operator who wants to have routine events to seek that approval with a Special Use Permit and establish a series of restrictions or limitations on the events in the UDC. However, during each individual Special Use Permit review, the Council may include additional conditions of approval. An update in Table 5.01.030 has been made by Staff since the Planning and Zoning Commission meeting permitting a Bed and Breakfast with Events in C-N, C-1 and MU-DT Zoning Districts. Special Consideration: During the B&B Task Force's review of the UDC, they discussed the possibility of adding a new use category for "Inns" that would allow small hotel type uses. However, the Task Force felt this proposed change was beyond their assignment, but would like for City Council to consider adding that proposed amendment to the UDC review list. Planning and Zoning Recommendation: On November 4, 2008, the Planning and Zoning Commission, with a vote of 5-0, recommended approval of the Amendment to Sections 5.01.030, 5.02.140 and 16.04 as they relate to Bed & Breakfast establishments. UDC Amendment — Bed & Breakfast Establishments November 25, 2008 Item # GG Page 1 of 2 Attachment number 1 Page 2 of 2 Recommended Motion: Conduct the Public Hearing and move for approval of the first reading of an ordinance amending the Unified Development Code Sections 5.01.030, 5.02.140 and 16.04 as they relate to Bed & Breakfast establishments. Attachments: Exhibit A - Draft UDC Language, Exhibit B - November 4, 2008 Planning and Zoning Commission meeting minutes. Submitted By: Elizabeth Cook Director, Planning and Development Robbie Wyler Historic District Planner UDC Amendment — Bed & Breakfast Establishments November 25, 2008 Page 2 of 2 Item # GG Attachment number 2 Page 1 of 4 16.04 Definitions Bed & Breakfast (B&B). A private ,.os�ee residential structure(s) used for the rental of overnight accommodations , aeeenimedationsi and whose owner/operator serves breakfast at no extra cost to its lodgers. nor# is shall not by for- more than 30 , o „tive days Table 5.01.030 Permitted Uses by Zoning District M I Use Cate- Q z MO O m Note o Specific Use 2 2 L)U 2i U 2 �— s Key: P = Permitted by right L = Limited Use S = Special Use Permit Required -- = Not Permitted (Descriptions of Use Categories and Specific Uses are provided in Section 16.03 and16.04 Commercial Uses Bed and S S S S S L L -- P P P - _ 5.02. Over- Breakfast S S 140 night Bed and Accom- Breakfast with S S S S S S S P P P 145 moda- Events tions All other uses -- -- -- -- -- -- -- -- -- P L P -- P - 5.02. 130 5.02.140 Bed and Breakfast A Bed & Breakfast esta ..lish mv„* is permitted with a Special Use Permit in accordance with the Use Table in 5.01.030 and subject to the following standards conditions and limitations: A. In All Districts 1. ^ ,r of No more than eight (8) guestrooms shall be provide in any one Bed and Breakfast establishme per lot shall be allowed, and if more than one building is located on a lot, no more than six (6) guestrooms shall be allowed in any one building. 2. No food preparation, except beverages, is allowed within individual guestrooms. Meal se e may be provided. No stove, range, hot plate. toaster oven or full size microwave shall be allowed in anv guestrooms. 3. Preparation and service of food shall conform to all applicable regulations of the State of Texas and Williamson County. Iterih # GG Attachment number 2 Page 2 of 4 4. The owner/operator shall keep a current guest register including names, po..,r refA address, contact information and dates of occupancy and motor- vehi le ueense r miber-s for all guests. 5. All parking areas on the property (except driveways) shall be behind any building lines and must be screened from the view of adjacent ,.uses properties to a height of six feet by a solid screening fence, or dense shrubs and vegetation. Temporary fences shall not be permitted. 6. If a Special Use Permit for a Bed & Breakfast has been approved. but not a Special Use Permit for Bed & Breakfast with Events, events ma be allowed on a case -by -case basis if the owner/operator applies for and receives a Special Event Permit pursuant to Citv Code of Ordinances Chapter 12.24. 7. Guestroom rentals shall not be for more than 30 consecutive B. In Residential Districts 1. Special Use Permits for Bed and Breakfasts establishme in any Residential District shall be subjeet to contain the following additional standards conditions and limitations (in addition to those in Section 5.02.140(A)): a. The operator- Bed & Breakfast owner/operator must be a full-time resident of the dwelling on the same property on in which the Bed and Breakfast establishment is houses located. b. No exte .",,. e .iden e of the Bed and Br-e kf s signage shall be allowed, except for one attached sign no larger than twelve square feet and one monument sign as allowed� r ono larger than six square feet per side. Notwithstanding the foregoing, the total signage shall not exceed 15 square feet. No additional advertising of any kind is allowed on site the property. c. Carriage houses, garage apartments, secondary free standing houses or similar dwellings proposed to be used for Bed & Breakfast operations with a full service kitchen already in Item # GG Attachment number 2 Page 3 of 4 place in the main facility shall dismantle or otherwise remove the stove and range to eliminate the food preparation facilities prior to commencement of operation as a Bed & Breakfast. 5.02.145 Bed and Breakfast with Events A Special Use Permit for Bed & Breakfast with Events applies to properties on which a Bed & Breakfast is located and events held where the attendees at the event are not all overnight guests of the Bed & Breakfast (such as parties, receptions, fund raisers and other similar functions). A Special Use Permit for Bed and Breakfast with Events is permitted in accordance with the Use Table 5.01.030 and subject to the following conditions and limitations: A. The provisions of Section 5.02.140 shall also apply to Special Use Permits for Bed and Breakfasts with Events. B. The following additional conditions and limitations shall apply to Special Use Permits for Bed & Breakfasts with Events in all Districts: 1. The application for a Special Use Permit for Bed and Breakfast with Events may state the maximum number of events per year, the approximate number attendees per event, hours of events and duration, parking plans, security measures, traffic control plans, and sanitation provisions. Other information may also be required to ascertain and manage the scale and scope of the proposed events. 2. The following special conditions shall apply to all Special Use Permits for Bed and Breakfasts with an Events: a. The Bed & Breakfast owner/operator shall attend all events held on the property. b. The event hours, including set up and take down, shall be limited to the following: i. Sunda.. through Thursday - 9:00 a.m. to 9:00 p.m. Item # GG Attachment number 2 Page 4 of 4 ii. Friday and Saturday (and Mondays if it is a holidaX weekend) — 9:00 a.m. to 11:00 n.m. c. All outdoor event areas shall be behind any building line and must be screened from the view of adjacent properties to a height of six feet by a solid screening fence, or dense shrubs and vegetation. Temporary fencing will not be permitted. 3. The City Council may add other conditions or limitations to the permit as it in its sole discretion deems to be necessary in order to minimize the negative impacts of the events on the neighboring property owners and to protect public health, safety, and welfare. IteA # GG Attachment number 3 Page 1 of 2 City of Georgetown, Texas Planning and Zoning Commission Meeting Minutes I Tuesday, November 4, 2008 at 6:00 PM Council Chambers 101 E. Seventh Street, Georgetown, Texas 78626 Members Present: Sarah Milburn, Vice Chair; Marlene McMichael, Secretary; Don Padfield, Clare Easley and Chris Damon. Members Absent: Harry Gibbs, Chair and Patrick Lawson Commissioners in Training Present: Gregory Austin, Brandon Collier, Annette Montgomery, Commissioners in Training Absent: Staff Present: Elizabeth Cook, Director, Carla Benton, Planner; Valerie Kreger, Planner; Jordan Maddox, Planner; Robbie Wyler, Historic District Planner, Ed Polasek ; Long Range Planner; Trish Carls, City Attorney and Stephanie McNickle, Recording Secretary. Chair Gibbs called the meeting to order at 6:02 p.m. and led the Pledge of Allegiance. Chair Gibbs stated the order of the meeting and that those who speak must turn in a speaker form to the recording secretary before the item that they wish to address begins. Each speaker will be permitted to address the Commission once for each item, for a maximum of three (3) minutes, unless otherwise agreed to before the meeting begins. 6. Public Hearing and Possible Action on an Amendment to the Unified Development Code (UDC) to revise Sections 5.01.030, 5.02.140 and 16.04 as they relate to Bed & Breakfast establishments. (RW) Staff report given by Robbie Wyler. On May 22, 2007, City Council directed Staff to form a Bed & Breakfast (B&B) Task Force to review and possibly update current B&B regulations with the help of B&B owners and residents that are affected. Over the past several months the Task Force has met multiple times to discuss what changes should be made. In the end the Task Force decided to recommend various revisions including updating the number of guestrooms allowed both in the structure and on the property, who is required to reside on the property, what information is required from all guests upon check -in, the exclusion of temporary fences, residential B&B sign requirements, full service kitchens in accessory buildings and finally to include the allowance of an Events Use Permit for B&B owners. The updated language is now ready for the Commission's consideration. The language being proposed includes updates to sections: Item # GG Attachment number 3 Page 2 of 2 1. 5.01.030 - Zoning Use Table 2. 5.02.140 - Bed & Breakfast 3. 16.04 - Definitions of Uses Staff has prepared the attached draft language for the Commission's consideration. The language specifies updates to the definition of a Bed & Breakfast, allowing for a change in guest room numbers on site. Changes in the Zoning Use Table including the addition of a "Bed and Breakfast with Events" section and an update to the existing Bed and Breakfast requirements as mentioned in the previous paragraph. The "Bed and Breakfast with Events" would allow an operator who wants to have routine events to seek that approval with a Special Use Permit and establish a series of restrictions or limitations on the events in the UDC. However, during each individual Special Use Permit review, the Council may include additional conditions of approval. During the B&B Task Force's review of the UDC, they discussed the possibility of adding a new use category for "Inns" that would allow small hotel type uses. However, the Task Force felt this proposed change was beyond their assignment, but would like to City Council to consider adding that proposed amendment to the UDC review list. Commissioners asked questions regarding to parking, number of attending guest plumbing. Staff responded those questions. Vice -chair Milburn opened the public Hearing. Renee Hanson, 1252 S. Austin Ave. and a member of the UDC task force. Ms. Hanson supports the amendment to the UDC with one exception. She proposed a limit to holding events from unlimited to 1 a week or maximum of 4 per month. She also proposed an event be categorized as having over 25 people. Commissioners thanked Ms. Hansen, but felt these suggestions should be addressed during the City Council meeting and the decision made by the City Council. The public hearing was closed. Discussion between staff and commissioners. Motion by McMichael to recommend to the City Council approval of an Amendment to the Unified Development Code to revise Sections 5.01.030, 5.02.140 and 16.04 as they relate to Bed & Breakfast establishments. Second by Easley Approved. (5-0) Item # GG Attachment number 4 Page 1 of 6 ORDINANCE NO. An Ordinance of the City Council of the City of Georgetown, Texas, amending Sections 5.01.030, 5.02.140 and 16.04 of the Unified Development Code, Passed and Adopted on the 111h Day of March 2003, as they relate to Bed & Breakfast establishments; Repealing Conflicting Ordinances and Resolutions; Including a Severability Clause; and Establishing an Effective Date. WHEREAS, the City Council adopted the Unified Development Code (UDC) on March 11, 2003; and WHEREAS, on May 22, 2007, City Council directed Staff to form a Bed & Breakfast (B&B) Task Force to review and possibly update current B&B regulations; and WHEREAS, on November 4, 2008, the Planning and Zoning Commission conducted a duly noticed Public Hearing to consider a recommendation to the City Council on this UDC amendment; and WHEREAS, the Planning and Zoning Commission at its meeting of November 4, 2008, made a report to the City Council recommending approval of the proposed UDC amendment; and 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 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 Ordinance implements the following vision of the Georgetown 2030 Comprehensive Plan, specifically the following goals, policies and actions of the Land Use Element: Goal 2: Promote sound investment in Georgetown's older developed areas, including downtown, aging commercial and industrial areas, in -town neighborhoods, and other areas expected to experience land use change or obsolescence. Policies/Actions 2.A: Remove present inadvertent impediments to infill and re- investment in older, developed areas. Policies/Actions 2.A.1: Establish criteria that define the characteristics of desirable infill development (e.g., compatibility with adjoining uses). Ordinance No. UDC Amendment - Bed & Breakfast Establishments Page 1 of 6 Item # GG Attachment number 4 Page 2 of 6 Policies/Actions 2.A.2: Revise zoning/development codes, the permitting process, and other applicable City policies by identifying and removing impediments to infill, adaptive re -use, historic preservation and redevelopment, including • Application of creative code provisions to remove impediments in building/zoning codes to reuse older buildings while retaining their historic character. Overlay districts (where specific requirements could be modified to allow established character to be maintained; e.g., buildings pulled up to the street, credit for on-street/shared parking, etc.). Coordinated City departmental policies regarding infill (e.g., adjusting requirements for storm water, water/wastewater, and other policies/regulations when they affect the ability to develop infill sites). SECTION 2. The Unified Development Code is hereby amended as follows to reflect the changes regarding Bed and Breakfast establishments. Table 5.01.030 Permitted Uses by Zoning District NON-RESIDENTIALRESIDENTIAL Use H Cate- H Q Q O O� Not gory Specific Use t� P4 P4 P4 H U U' U Z es Key: P = Permitted by right L = Limited Use S = Special Use Permit Required -- = Not Permitted (Descriptions of Use Categories and Specific Uses are provided in Section 16.03 and16.04) Commercial Uses Bed and - 5.02. Over- S S S S S S S -- P P P -- -- -- Breakfast - 140 night Bed and Accom Breakfast with S S S S S S S -- P P P -- -- -- - 145 Events moda- All other uses - 5.02. tions -- -- -- -- -- -- -- -- -- P L P - P - 130 5.02.140 Bed and Breakfast A Bed & Breakfast is permitted with a Special Use Permit in accordance with the Use Table in 5.01.030 and subject to the following conditions and limitations: Ordinance No. UDC Amendment - Bed & Breakfast Establishments Page 2 of 6 Item # GG Attachment number 4 Page 3 of 6 A. In All Districts 1. No more than eight (8) guestrooms per lot shall be allowed, and if more than one building is located on a lot, no more than six (6) guestrooms shall be allowed in any one building. 2. No food preparation, except beverages, is allowed within individual guestrooms. No stove, range, hot plate, toaster oven or full size microwave shall be allowed in any guestrooms. 3. Preparation and service of food shall conform to all applicable regulations of the State of Texas and Williamson County. 4. The owner/operator shall keep a current guest register including names, contact information and dates of occupancy for all guests. All parking areas on the property (except driveways) shall be behind any building lines and must be screened from the view of adjacent properties to a height of six feet by a solid screening fence, or dense shrubs and vegetation. Temporary fences shall not be permitted. 6. If a Special Use Permit for a Bed & Breakfast has been approved, but not a Special Use Permit for Bed & Breakfast with Events, events may be allowed on a case -by -case basis if the owner/operator receives all applicable permits. 7. Guestroom rentals shall not be for more than 30 consecutive days. B. In Residential Districts Special Use Permits for Bed and Breakfasts in any Residential District shall contain the following additional conditions and limitations (in addition to those in Section 5.02.140(A)): a. The Bed & Breakfast owner/operator must be a full-time resident on the same property on which the Bed and Breakfast establishment is located. b. No exterior signage shall be allowed, except for one attached sign no larger than twelve square feet and one monument sign no larger than six square feet per side. Notwithstanding the foregoing, the total signage shall not Ordinance No. UDC Amendment - Bed & Breakfast Establishments Page 3 of 6 Item # GG Attachment number 4 Page 4 of 6 exceed 15 square feet. No additional advertising of any kind is allowed on the property. c. Carriage houses, garage apartments, free standing houses or similar dwellings proposed to be used for Bed & Breakfast operations with a full service kitchen already in place shall dismantle or otherwise remove the stove and range to eliminate the food preparation facilities prior to commencement of operation as a Bed & Breakfast. 5.02.145 Bed and Breakfast with Events A Special Use Permit for Bed & Breakfast with Events applies to properties on which a Bed & Breakfast is located and events held where the attendees at the event are not all overnight guests of the Bed & Breakfast (such as parties, receptions, fund raisers and other similar functions). A Special Use Permit for Bed and Breakfast with Events is permitted in accordance with the Use Table 5.01.030 and subject to the following conditions and limitations: A. The provisions of Section 5.02.140 shall also apply to Special Use Permits for Bed and Breakfasts with Events. B. The following additional conditions and limitations shall apply to Special Use Permits for Bed & Breakfasts with Events in all Districts: The application for a Special Use Permit for Bed and Breakfast with Events may state the maximum number of events per year, the approximate number attendees per event, hours of events and duration, parking plans, security measures, traffic control plans, and sanitation provisions. Other information may also be required to ascertain and manage the scale and scope of the proposed events. 2. The following special conditions shall apply to all Special Use Permits for Bed and Breakfasts with an Events: a. The Bed & Breakfast owner/operator shall attend all events held on the property. b. The event hours, including set up and take down, shall be limited to the following: i. Sunday through Thursday - 9:00 a.m. to 9:00 p.m. Ordinance No. UDC Amendment - Bed & Breakfast Establishments Page 4 of 6 Item # GG Attachment number 4 Page 5 of 6 ii. Friday and Saturday (and Mondays if it is a holiday weekend) - 9:00 a.m. to 11:00 p.m. c. All outdoor event areas shall be behind any building line and must be screened from the view of adjacent properties to a height of six feet by a solid screening fence, or dense shrubs and vegetation. Temporary fencing will not be permitted. 3. The City Council may add other conditions or limitations to the permit as it in its sole discretion deems to be necessary in order to minimize the negative impacts of the events on the neighboring property owners and to protect public health, safety, and welfare. 16.04 Definitions Bed & Breakfast (B&B). A private residential structure(s) used for the rental of overnight accommodations and whose owner/operator serves breakfast at no extra cost to its lodgers. SECTION 3. Unified Development Code Section 3.11.010.G shall be repealed as it relates to Bed and Breakfast with Events. SECTION 4. All ordinances that are in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. If any provision of this Ordinance or the UDC, or application thereof, to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application 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 6. This Ordinance shall become effective in accordance with the provisions of the City Charter. PASSED AND APPROVED on First Reading on November 25, 2008. PASSED AND APPROVED on Second Reading on December 9, 2008. ATTEST: Ordinance No. UDC Amendment - Bed & Breakfast Establishments Page 5 of 6 THE CITY OF GEORGETOWN Item # GG Attachment number 4 Page 6 of 6 Sandra D. Lee City Secretary Approved as to Form: Patricia E. Carls, Carls, McDonald & Dalrymple, LLP City Attorney Ordinance No. UDC Amendment - Bed & Breakfast Establishments Page 6 of 6 George Garver, Mayor Item # GG City of Georgetown, Texas November 25, 2008 SUBJECT: Sec.551.071: Consultation with Attorney 1. 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 2. Legal issues related to the City of Georgetown's power supply contract with LCRA and potential litigation pertaining to same 3. Mark Shelton v. City of Georgetown, et al;Cause No. A07CA063; in the United States District Court for the Western District of Texas, Austin Division 4. Lear v. Jimmy Lewis Fennell and City of Georgetown,Cause No. A08-CA-719LY, in the United States District Court for the Western District of Texas Austin Division 5. First Citizens Bank & Trust Company v. City of Georgetown,Cause No. D-1-GN-08-02325, 53rd Judicial District, Travis County, Texas 6. Discussion of legal issues related to payment obligations for the Public Utility Improvements under the "Development Agreement with Forestville Associates, a Maryland General Partnership, regarding development of Wolf Ranch" dated September 11, 2003 7. Berry Creek Partners v. City of Georgetown, Cause No. 08-767-C277, in the District Court of Williamson County, 277th Judicial District ITEM SUMMARY: None FINANCIAL IMPACT: None SUBMITTED BY: Jessica E. Hamilton, Assistant City Secretary Cover Memo Item # HH City of Georgetown, Texas November 25, 2008 SUBJECT: Sec 551.072: Deliberation about Real Property 1. Consideration and possible action to approve rental rate and Lease Agreement with Aircraft Systems and Manufacturing, Inc. for the real property and improvements located at 302 Toledo Trail and to approve the memorandum of expiration of Lease pertaining to the old ground lease for the property located at 302 Toledo Trail -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager 2. Consideration and possible action regarding purchase of property in the Williams Drive Gateway for future right-of-way ITEM SUMMARY: None FINANCIAL IMPACT: None SUBMITTED BY: Jessica Hamilton, Assistant City Secretary Cover Memo Item # 11 City of Georgetown, Texas November 25, 2008 SUBJECT: Sec.551.086 Competitive Matters 1. Consideration and Possible action to approve a potential contract relationship with American Electric Power (AEP) related to renewable resources beginning January 2009 -- Jim Briggs, Assistant City Manager for Utility Operations ITEM SUMMARY: None FINANCIAL IMPACT: None SUBMITTED BY: Jessica Hamilton, Assistant City Secretary Cover Memo Item # JJ