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Home My WebLink AboutMIN 11.02.2009 CC-R� • '" f ® irk•.' The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: j Council Absent.W Keith Brainard, Gabe Sansing, Dale Ross, Bill i Ben Oliver, Patty Eason Sattler Staff resent: Paul E. Brandenburg, City Manager; Mark Sokolow, City Attorney; Jessica Hamilton, City Secretary; Jim Briggs, Assistant City Manager for Utility Operations; Micki Rundell, Chief Financial Officer Regular Session _ To begin no earlier than 01:02 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.) A Special Meeting of the City Council of the City of Georgetown Call to Order -- 1:02 p.m Council recessed to Executive Session under Open Meetings Act Section 551.074 -- 1:04 p.m. 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. B Sec.551.074: Personnel Matters 1. Discussion regarding the goal setting criteria of the City Manager 2. Interview and meet with Police Chief candidate(s) Council returned to Open Session -- 2:52 p.m. C Action from Executive Session There was no action out of Executive Session. D Consideration and possible action to award a construction management agreement to CDM Constructors, Inc. (CCI) of Houston, Texas for Lake Water Treatment Plant (L P) Filter # 10 and Sun City Pump No. 4 and 5 for an amount not to exceed $2,033,200.00 utilizing the procurement for health and safety reason as provided under Section 552.022(a)(2) Local Government Code and authorizing independent construction observation services from CH2M HILL OMI under the terms of their existing agreement -- Mark Sokolow, City City Council Meeting Minutes/November 2, 2009 Page 1 of 3 Pages Attorney Briggs described the item and explained the history of this issue. Briggs said both he and staff have discussed the vulnerabilities of the contract with the City Attorney, Mark Sokolow. He said the conclusion they came to was that the original recommendation is still the preferred recommendation. He said Mark has worked on the contract related issues with CCI and he reviewed the various issues related to the improvements. He noted, in July, staff said the ability to treat water was down by about 50%. He noted the City's ability to both treat and supply water for fire protection as well as potable water was compromised this past summer. He said, in August, staff and Council spoke about how to mitigate this problem and noted the plan was to add 2 million gallons of treatment filter capacity. He noted the resulting newly treated water would also need additional pumpage to be able to move the water from the plant out into the system. Briggs noted the pump is just as critical as the filter so that the treated water can reach all necessary areas. He spoke about instances when the pumps were compromised and noted these new contract changes would prevent the water system from being compromised again. Sansing said this item was sent to the Georgetown Utility System Advisory Board on August 18th and the water situation was deemed an emergency. He noted he sees no reason to stop this in its tracks and added it is also important to continue conservation efforts. Motion by Sansing to approve this contract as it was proposed at the last meeting. Motion died for lack of second. Sokolow said staff worked up the agreement and he referred Council to the exact section which declares this situation an emergency to public health and safety. He noted this contract is ready to go and there is a construction schedule prepared. Sattler told Briggs he thinks the project is needed but noted his concern is that Council needs evidentiary basis in order to approve this type of contract. Sattler asked and Briggs confirmed that staff has said these new pumps and filters are necessary. Briggs also confirmed that that is in writing. Sattler asked and Briggs said he believes GDM has said these pumps are needed as well. Sattler asked and Briggs said he does not have an OMI recommendation in writing but, if he were to talk to them, he would be able to obtain one. Mayor asked and Gene Chisum from OMI said the City needs to obtain more capacity on the ground. Sattler said there are nine filters and Dishong said each filter pushes out 2.2 million gallons of water. Sattler asked and Briggs confirmed that, when the extreme problem with the water treatment occurred this past summer, the City initiated voluntary water restrictions. Sattler asked and Briggs said, before the City had a mandatory three day watering schedule, the volume at this plant fell below the 17.5 million gallon limit. Briggs noted the water volume occasionally reached that level even during the mandatory water restrictions. Sattler asked and Briggs noted, if there was a hiccup of any type such as a filter breaking down, the City would not have been able to meet the demand. Sattler asked and Briggs said this is not connected with Chisholm Trail SUD requirements. Briggs added this is to address the City's own needs. Sattler asked and Briggs said, if the City dropped to a two day mandatory schedule, it would still be hard to guess how it would affect the water supply. Briggs said you can use energy conservation as a tool to improve the situation but you can not use it as a reliable source of production. Sattler asked and Briggs confirmed that the City can not use water conservation as a tool to meet the demand for fire protection. Sattler asked and Briggs confirmed the money is available for this project. Ross asked and Rundell said there is money available from excess revenue created by water sales this past summer. Sattler said the contract states the project will be sufficiently complete within 220 days, which would put the end date up to around June 10th or 11th. Sattler asked and Briggs confirmed this completion date would be early enough to solve the issue. Sattler asked and Briggs defined the term "substantially complete." Briggs said, once the project is substantially complete, the City will be able to treat and pump water. Sattler asked and Briggs said Camp, Dresser McKee already has the engineering contract. Speaker, Stan Conley, from CDM Constructors, Inc. said they are a construction manager by design. He added CCA, a subsidiary of CDM Constructors, could not do the project themselves because of the time frame. Sattler asked and Conley confirmed CDM is the construction manager at risk. Sattler asked and Conley said the prices in the contract are the guaranteed maximum prices. Sattler asked and Conley confirmed there is a 5% contingency included in the bid. Conley noted the savings from the project go back to the City. Sattler asked and Conley said CCI is willing to take all of the risk. Sattler asked and Conley confirmed the contract shows a guaranteed maximum price with a 5% contingency. Sattler asked and Briggs said he believes that the City can do this project without OMI as an overseer. Briggs said he is comfortable with this project as presented. Sattler asked and Briggs siad he absolutely thinks this is a solid price for this type of project. Briggs said the City is blessed to get this kind of price for this type of project. Sattler asked and Briggs said the pumps are on order and CCI has placed the order. Sattler asked and Briggs said those pumps will arrive in time to make the schedule that is laid out in the contract. Sattler asked and Briggs said Chisholm Trail (CTSUD) is definitely in support of this project and it is consistent with the City's MOU with CTSUD. Sattler said he does not want to see the City responsible for everything. Dishong said CTSUD is responsible for 50% of the filter, but the City is 100% responsible for the City Council Meeting Minutes/November 2, 2009 Page 2 of 3 Pages pumps. Dishong said, although nothing is signed, CTSUD has agreed to pay 50% of the entire expansion and not just this project. Briggs noted the City needs additional capacity to back up its wells and added the City may not want to share its filters at this moment. Brainard asked and Briggs said there is no other capacity scheduled to come online before next summer, Brainard asked and Briggs said, if this City does not approve this contract, it will not be able to offer sufficient fire protection to the residents of the City because of the fluctuation in the distribution system. Brainard asked and Briggs said the City is saving 5 months by using this emergency clause. He said this would also get the improvements on the ground before the next risk period. Ross asked and Sokolow said the staff has been able to put the public safety and health risks "on the record" and he feels very comfortable with it at this stage. He said the risk is quite low. He added, if Council decides not to use OMI, they would only have to strike out a paragraph in the contract. Berryman thanked Sattler for getting a lot of issues on the record. Sattler asked and Briggs confirmed liquidated damages are $500 a day. Sansing asked and Benz said there is no reward for finishing the project early. Benz spoke about the possible ways the City could reward CDM for an early finish. Ross asked and Briggs said there is no weather contingency and Briggs added the schedule has to be tight so it will be finished in time. There was much discussion. Motion by Berryman, second by Brainard to approve the award of the construction management agreement without the inclusion of observation services by OM1. Brainard said he believes in incentives, but the City does not have a compelling reason to have them end the project early. Approved 5-0 (Eason, Oliver absent) Motion by Berryman, second by Ross to adjourn. Approved 5-0 (Oliver, Eason absent) UAXOOIM�� rge Garver Adjournment The meeting was adjourned at 03:33 PM. City Council Meeting Minutes/November 2, 2009 Page 3 of 3 Pages Attest: k } � ity Secr `taey ssica Hamilton V