October 13, 2015 - McAllen Public Utility

Transcription

NOTICE OF A MEETING TO BE HELD BY THE
McALLEN PUBLIC UTILITY BOARD OF TRUSTEES
DATE:
Tuesday, October 13, 2015
TIME:
4: 00 P. M.
PLACE:
McAllen City Hall
Commission Chambers— 3rd Floor
1300 Houston Avenue
McAllen, Texas 78501
SUBJECT MATTER:
See Subsequent Agenda.
CERTIFICATION
I, the Undersigned authority, do hereby certify that the attached agenda of meeting of the McAllen Public
Utility Board of Trustees is a true and correct copy and that I posted a true and correct copy of said notice
on the bulletin board in the Municipal Building, a place convenient and readily accessible to the general
public at all times, and said Notice was posted on the 9th day of October, 2015 at 3: 00 P.M. and will
remain so posted continuously for at least 72 hours preceding the scheduled time of said meeting in
accordance with Chapter 551 of the Texas Government Code.
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Nyla . Flatau, TRMC/ CMC, CPM
Utility
Board
Secretary
BOARD OF TRUSTEES MEETING
TUESDAY, OCTOBER 13, 2015 – 4:00 PM
CITY COMMISSION CHAMBERS 3RD FLOOR
1300 HOUSTON AVE.
McALLEN, TX 78501
AGENDA
CALL TO ORDER
PLEDGE
INVOCATION
1.
MINUTES: a)
2.
BIDS AND CONTRACTS: a)
Consideration and Approval of Engineering Services for the Water Sources Evaluation and Feasibility Study. b)
Consideration of Subordination Lien between the City of McAllen and Gary Lauer and Melissa Lauer to Bank of America, N.A. for property at Lot 1, Melgar Subdivision, McAllen, Hidalgo County, Texas. c)
Consideration and Award of Emergency Filter Repair (Filter No. 4) Contract for Northwest Water Treatment Plant. d)
Consideration and Approval of Professional Services Contract Amendment for BIG D Engineering to allow an additional 12 months time for the Geowater Feasibility Study. 3.
ORDERS: a)
4.
UTILITY LAYOUTS: a)
5.
MANAGER’S REPORT: a)
Presentation by BBS b)
Authorization to write off Bad Debt of the 2nd quarter Water and Sewer fund. c)
Review of McAllen Public Utility Financial Statements as of June 30, 2015 d)
Review and Approval of Quarterly Investment Report for the Quarter Ending June 30, 2015 Approval of Minutes for Regular Meeting held September 15, 2015. Budget Amendment Sewer Capital Improvement Fund Direct Potable Reuse Study (Water Sources and Feasibility Study) Discussion and Approval of Citrus Grove Plaza, Lots 14, 15 and 16. 6. EXECUTIVE SESSION, CHAPTER 551, TEXAS GOVERNMENT CODE, SECTION 551.071 CONSULTATION WITH ATTORNEY, SECTION 551.072 LAND TRANSACTION, SECTION 551.074 PERSONNEL MATTERS; SECTION 551.087 ECONOMIC DEVELOPMENT NEGOTIATIONS a)
Consultation with City Attorney Regarding Legal Issues Related to CCN Approval Process. (T.G.C. 551.071) b)
Consultation with City Attorney regarding legal issues related to Alton Sewer Agreement (T.G.C. 551.071) ADJOURNMENT
IF ANY ACCOMMODATION FOR A DISABILITY IS REQUIRED (OR INTERPRETERS FOR THE DEAF), NOTIFY UTILITY ADMINISTRATION (6811630) FORTYEIGHT (48) HOURS PRIOR TO THE MEETING DATE. WITH REGARD TO ANY ITEM, THE MCALLEN PUBLIC UTILITY BOARD OF TRUSTEES MAY TAKE VARIOUS ACTIONS; INCLUDING BUT NOT LIMITED TO RESCHEDULING AN ITEM IN ITS ENTIRETY FOR A FUTURE DATE OF TIME. THE MCALLEN PUBLIC UTILITY BOARD MAY ELECT TO GO INTO EXECUTIVE SESSION ON ANY ITEM WHETHER OR NOT SUCH ITEM IS POSTED AS AN EXECUTIVE SESSION ITEM AT ANY TIME DURING THE MEETING WHEN AUTHORIZED BY THE PROVISIONS OF THE OPEN MEETINGS ACT.
THE NEXT REGULARLY SCHEDULED BOARD MEETING WILL BE HELD ON OCTOBER 27, 2015
PUBLIC UTILITY BOARD
AGENDA ITEM
1.a.
DATE SUBMITTED
MEETING DATE
10/06/2015
10/13/2015
1. Agenda Item: Approval of Minutes for Regular Meeting held September 15,
2015.
2. Party Making Request: Nyla L. Flatau, TRMC/CMC, CPM, Utility Board
Secretary
3. Nature of Request: Approval of Minutes as presented.
4. Budgeted:
Bid Amount:
Under Budget:
Budgeted Amount:
Over Budget:
Amount Remaining:
5. Reimbursement: Not applicable.
6. Routing:
Shelton, Edith
Created/Initiated - 10/06/2015
7. Staff's Recommendation: Approval as presented.
8. City Attorney: Approved - KDP
9. MPU General Manager: Approved - MAV
10. Director of Finance for Utilities: Approved - MDC
Page 1 of 4
STATE OF TEXAS
COUNTY OF HIDALGO
CITY OF MCALLEN
The McAllen Public Utility (MPUB) reconvened in a Regular Meeting on Tuesday, September 15, 2015,
at 5:05 p.m. in the City Chambers at City Hall with the following members present:
Chairman Ernest Williams
Vice Chairman Albert Cardenas
Trustee Tony Aguirre
Trustee Charles Amos
Absent:
Commissioner Veronica Whitacre
Staff:
Mark Vega, P.E., General Manager
Kevin Pagan, City Attorney
Nyla L. Flatau, Board Secretary
Edith Shelton, Senior Administrative Assistant
Marco Pedraza, Director of Wastewater Systems
Melba Carvajal, Director of Finance for Utilities
Carlos Gonzalez, P.E., Development/Special Projects Engineer
Omar Gonzalez, CAD Operator III
Sergio Espinoza, Utility Engineer
JJ Rodriguez, Assistant General Manager
Joe Solis, Director of Water Systems
CALL TO ORDER:
Chairman Ernest Williams called the meeting to order.
Chairman Ernest Williams recessed the meeting to go into a Workshop at 5:07 p.m.
4.
EXECUTIVE SESSION, CHAPTER 551, TEXAS GOVERNMENT CODE,
SECTION 551.071 CONSULTATION WITH ATTORNEY, SECTION
551.072 LAND TRANSACTION, SECTION 551.074 PERSONNEL
MATTERS;
SECTION
551.087
ECONOMIC
DEVELOPMENT
NEGOTIATIONS
The Board went into executive session at 5:32 p.m. Then the meeting was reconvened at 6:26
p.m., in which it was stated that the following action would be taken.
a)
Consultation with City Attorney Regarding Legal Issues Related to
CCN Approval Process. (T.G.C. 551.071)
Page 2 of 4
Mr. Kevin Pagan asked the Board to entertain a motion that authorized Staff and
Board Attorney to forward correspondence within the guidelines set in closed
session.
Trustee Tony Aguirre moved to approve recommendation. Trustee Charles Amos
seconded the motion. The motion carried unanimously by those present.
b)
Consultation with City Attorney Regarding Personnel Matters
(T.G.C. 551.074)
No action was taken.
1.
MINUTES:
Approval of minutes for Joint Meeting held July 27, 2015, Workshops held August 4th, 5th,
11th and 12, 2015, and Regular Meeting held August 25, 2015.
Trustee Charles Amos moved to approve minutes for Joint Meeting held July 27,
2015, Workshops held August 4th, 5th, 11th and 12, 2015, and Regular Meeting
held August 25, 2015. Trustee Tony Aguirre seconded the motion. The motion
carried unanimously by those present.
2.
BIDS AND CONTRACTS:
a)
Consideration and Approval to Execute the Proposed U.S. Bureau of
Reclamation Grant Agreement in the Amount of $150,000.00 for the
Water Reuse Feasibility Study.
Mr. Sergio Espinoza informed the Board that MPU submitted a grant application
with the U.S. Bureau of Reclamation for a feasibility study. He added that MPU was
informed that we were among those who received the highest ratings and considered
for award of financial assistance in the amount f $150,000.
Recommendation was for the Board to authorize he General Manager to execute the
grant agreement.
Trustee Tony Aguirre moved to approve execution of agreement as presented.
Trustee Charles Amos seconded the motion. The motion carried unanimously by
those present.
b)
Authorize the General Manager to Enter Into an Interlocal
Agreement with the City of Edinburg for the Development of a
Regional Brackish Groundwater Desalination Feasibility Study.
Mr. "JJ" Rodriguez stated that said project would include preliminary engineering,
test drilling program design and construction phase services for a brackish
Page 3 of 4
groundwater production well. Mr. Jess Leal with NorrisLeal LLC informed MPU
that the City of Edinburg would like a collaboration between both cities to assess
the viability of regional treatment facility.
Mr. "JJ" Rodriguez stated that MPU would be responsible for the first phase at a
cost of $343,000. The first phase would be to conduct the study to assess the
feasibility and costs associated with creating a regionalized brackish water treatment
facility. The City of Edinburg will be financially responsible for the second phase of
the study; which would consist of data compilation and the financial cost for the
proposed system, options for alternative delivery, and raft and final reports at a cost
of $250,000.
Recommendation was for approval as presented.
Trustee Tony Aguirre moved to approve Interlocal Agreement with the City of
Edinburg for the Development of a Regional Brackish Groundwater Desalination
Feasibility Study. Trustee Charles Amos seconded the motion. The motion carried
unanimously by those present.
3.
UTILITY LAYOUTS:
a)
Discussion and Approval of The Oaks Subdivision Unit 4
Mr. Carlos Gonzalez presented a 0.67 acre tract property located on the south side
of Violet Avenue and approximately 570 feet west of N. Col Rowe Boulevard. He
recommended approval as proposed subject to developer: 1) dedicate a utility
easement along perimeter of property, 2) install proposed public utility
infrastructure, and 3) pay a waterline reimbursement in the amount of $228.56,
payable to MPU for the North Central Waterline Distribution Project.
Vice Chairman Albert Cardenas moved to approve The Oaks Subdivision Unit 4.
Trustee Charles Amos seconded the motion. The motion carried unanimously by
those present.
b)
Discussion and Approval of the Shops at 29 Subdivision
Mr. Carlos Gonzalez presented a 25 plus acre tract property located within city
limits and currently zoned as commercial. He added that recommendation was for
approval subject to developer: 1) dedicate a 10 foot utility easement along 29th
Street and along internal utility alignments, 2) install proposed public utility
infrastructure, and 3) pay a waterline reimbursement in the amount of $6,992.65 to
MPU for the Central McAllen Distribution Project.
Trustee Tony Aguirre moved to approve the Shops at 29 Subdivision. Vice
Chairman Albert Cardenas seconded the motion. The motion carried unanimously
by those present.
ADJOURNMENT
Page 4 of 4
There being no other business to come before the Board, the meeting was unanimously adjourned at 6:41
p.m.
______________________________
Ernest Williams, Chairman
Attest:
______________________________
Edith Shelton
Senior Administrative Assistant
AGENDA ITEM
2.a.
DATE SUBMITTED
MEETING DATE
10/07/2015
10/13/2015
1. Agenda Item: Consideration and Approval of Engineering Services for the
Water Sources Evaluation and Feasibility Study.
2. Party Making Request:
3. Nature of Request:
4. Budgeted:
Bid Amount:
Under Budget:
Budgeted Amount:
Over Budget:
Amount Remaining:
5. Reimbursement:
6. Routing:
Espinoza, Sergio
7. Staff's Recommendation:
MCALLEN PUBLIC UTILITY
Memo
To:
Mark Vega, General Manager
From:
Sergio Espinoza, Utility Engineer
Date:
October 5, 2015
Re:
Professional Services Agreement for the Water Sources Evaluation and Feasibility
Study
In the Special Board Meeting held on June 24, 2015, the MPU Board selected Alan
Plummer Associates, Inc. to provide professional services for a Water Sources Evaluation
and Feasibility Study.
In negotiations with the Engineer, we reduced the fee from $524,000 to $494,524.
The U.S. Bureau of Reclamation is providing financial assistance in the amount of
$150,000 for this study. MPU’s portion will be $344,524 and USBR’s portion will be
$150,000.
Staff recommends that the MPU Board approves the attached professional services
agreement in the amount of $494,524.
Page 1 of 1
CONTRACT AGREEMENT
FOR
ENGINEERING/PROFESSIONAL SERVICES
STATE OF TEXAS
COUNTY OF HIDALGO
PART I. PARTIES AND PROJECT
THIS AGREEMENT is made on the ________ day of _________________________, in the year 2015,
between the MCALLEN PUBLIC UTILITY, hereinafter called the OWNER and Alan Plummer Associates,
Inc., hereinafter called the ENGINEER for the Water Sources Evaluation and Feasibility Study in Hidalgo
County, TX, hereinafter called the PROJECT.
PART II. ENGINEERING FEES
The maximum amount payable under this Agreement without modification is $494,524.00.
This
maximum amount is associated with the Study and Report Phase only, as identified in Section 1.2. The
basis of cost is identified in EXHIBIT “D” Contract Rates and Cost Proposal, attached hereto.
PART III. TERM OF AGREEMENT
This Agreement shall be in effect until the close of business of May 31, 2017.
PART IV. NOTICES
Reports and notices shall be made by ENGINEER to OWNER’s representative:
McAllen Public Utility
Attention: Mark Vega, PE
P.O. Box 220
McAllen, Texas 78505-0220
PART V. TERMS AND CONDITIONS
ARTICLE 1. - ENGINEER'S SERVICES
1.1
Basic Services
The work to be furnished by the ENGINEER under this Agreement shall consist of engineering services to
be developed in accordance with the Texas Commission on Environmental Quality (TCEQ) design
standards and in a format acceptable to TCEQ, the OWNER, and/or other reviewing agencies.
The ENGINEER agrees to perform professional services in connection with the PROJECT, including
normal civil engineering services related thereto, as set forth below and contained within this Agreement.
Specifically, the OWNER will furnish items and perform those services for fulfillment of the Agreement as
identified in EXHIBIT A “Further Description of Engineering Services and Related Matters: Services
to be Provided by the OWNER”, attached hereto and made a part of this Agreement. The ENGINEER
shall render professional services necessary for the development of the PROJECT as identified in
EXHIBIT B “Further Description of Engineering Services and Related Matters: Services to be
Provided by the ENGINEER”, attached hereto and made a part of this Agreement. The ENGINEER shall
perform all work in accordance with the outline identified in EXHIBIT C “Work Schedule”, attached
ENGINEERING SERVICES CONTRACT AGREEMENT
Between McALLEN PUBLIC UTILITY and ALAN PLUMMER ASSOCIATES, INC.
For Water Sources Evaluation and Feasibility Study
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hereto and made a part of this Agreement.
1.2
Study and Report Phase
After written authorization to proceed with the Study and Report Phase, ENGINEER shall provide the
following:
The specific duties and responsibilities of ENGINEER during the Study and Report Phase are as indicated
in EXHIBIT B “Further Description of Engineering Services and Related Matters: Services to be
Provided by the ENGINEER”.
1.3
Design Phase
After written authorization to proceed with the Design Phase, ENGINEER shall:
1.3.1
In consultation with OWNER, review the extent of the PROJECT as identified in 1.3.7.
1.3.2 Prepare for incorporation in the construction contract documents final drawings (hereinafter called
"Drawings and Specifications”) to show the character and extent of the PROJECT.
1.3.3 Furnish to OWNER such documents and design data as may be required for, and assist in the
preparation of, the required documents so that OWNER may apply for approvals of such governmental
authorities as have jurisdiction over design criteria applicable to the PROJECT, and assist in obtaining
such approvals by participating in submissions to and negotiations with appropriate authorities.
1.3.4 Advise OWNER of any adjustments to the latest opinion of probable Project Cost caused by
changes in extent or design requirements of the Project or Construction Costs and furnish a revised
opinion of probable Project Cost based on the Drawings and Specifications.
1.3.5 Prepare for review and approval by OWNER, his legal counsel and other advisors construction
contract agreement forms, general conditions and supplementary conditions, and (where appropriate) bid
forms, invitation to bid and instructions to bidders, and assist in the preparation of other related
documents.
1.3.6 Furnish ten (10) copies of the above documents and present and review them in person with
OWNER.
1.3.7 The specific duties and responsibilities of ENGINEER during the Design Phase are amended and
supplemented as indicated in EXHIBIT B “Further Description of Engineering Services and Related
Matters: Services to be Provided by the ENGINEER”.
1.4
Bidding or Negotiating Phase
After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall:
1.4.1 Distribute complementary set of plans and specifications to plan review rooms as designated by
OWNER.
1.4.2 Conduct a pre-bid conference, inviting all prospective bidders and prospective subcontractors to
discuss all aspects and requirements to the proposed work.
1.4.3 Issue all addenda which do not affect the scope of the proposed PROJECT. Obtain OWNER's
approval prior to issuance of addenda which affect the scope of the PROJECT or significantly alters the
PROJECT as approved by OWNER.
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1.4.4 Assist the OWNER in obtaining bids and prepare tabulations of bids received; submit five (5)
copies of the bid tabulation and the ENGINEER'S recommendation for the award of contract to the
OWNER.
1.4.5 Consult with and advise OWNER as to the acceptability of subcontractors and other persons and
organizations proposed by the prime contractor(s) (hereinafter called “Contractor(s)") for those portions of
the work as to which such acceptability is required by the bidding documents.
1.4.6 Consult with and advise OWNER as to the acceptability of substitute materials and equipment
proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the bidding
documents.
1.4.7 The duties and responsibilities of ENGINEER during the Bidding or Negotiating Phase are
amended and supplemented as indicated in EXHIBIT B “Further Description of Engineering Services
and Related Matters: Services to be Provided by the Engineer”.
1.5
Construction Phase
During the Construction Phase, ENGINEER shall:
1.5.1 Perform the duties and discharge the responsibilities stated in PROJECT specifications after
receiving written authorization to proceed with construction. The extent and limitations of the duties,
responsibilities and authority of ENGINEER as assigned in PROJECT specifications shall not be modified,
except to the extent provided in EXHIBIT B “Further Description of Engineering Services and Related
Matters: Services to be Provided by the Engineer”, and except as ENGINEER may otherwise agree in
writing. All of OWNER's instructions to Contractor(s) will be issued through ENGINEER who will have
authority to act on behalf of OWNER to the extent provided in said Standard General Conditions of the
construction contract documents except as otherwise provided in writing.
1.5.2 Make visits to the site at intervals appropriate to the various stages of construction to observe as
an experienced and qualified design professional the progress and quality of the executed work of
Contractor(s) and to determine in general if such work is proceeding in accordance with the construction
contract documents (hereinafter referred to as “Contract Documents”). During such visits and on the
basis of on-site observations, ENGINEER shall keep OWNER informed of the progress of the work, and
shall notify OWNER of any observed defects and deficiencies and may disapprove or reject work failing to
conform to the Contract Documents.
1.5.3 Review and approve or take other appropriate action in respect of shop drawings and samples,
the results of tests and inspections and other data which each Contractor is required to submit but only for
conformance with the design concept of the PROJECT and compliance with the information given in the
Contract Documents (but such review and approval or other action shall not extend to means, methods,
sequences, techniques or procedures of construction or to safety precautions and programs incident
thereto); determine the acceptability of substitute materials and equipment proposed by Contractor(s): and
receive and review (for general content as required by the Specifications) maintenance and operating
instructions, schedules, guarantees, bonds and certificates of inspection which are to be assembled by
contractor(s) in accordance with the Contract Documents.
1.5.4 Issue all instructions of OWNER to Contractor(s): issue necessary interpretations and
clarifications of the Contract Documents and in connection therewith prepare change orders (for errors or
omissions only) as required; have authority as OWNER's representative to require special inspection or
testing of the work; act as initial interpreter of the requirements of the Contract Documents and judge of
the acceptability of the work thereunder and make decisions on all claims of OWNER and Contractor(s)
relating to the acceptability of the work or the interpretation of the Contract Documents pertaining to the
execution and progress of the work.
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1.5.5 Based on ENGINEER's on-site observations as an experienced and qualified design professional
and on review of applications for payment and the accompanying data schedules, determine the amounts
owing to Contractor(s) and recommend in writing payments to Contractor(s) in such amounts; such
recommendations of payment will constitute a representation to OWNER, based on such observations
and review, that the work has progressed to the point indicated, that, to the best of ENGINEER's
knowledge, information and belief, the quality of such work is in accordance with the Contract Documents
(subject to an evaluation of such work as a functioning PROJECT upon Substantial Completion, to the
results of any subsequent tests called for in the Contract Documents, and to any qualifications stated in
his recommendation), and that payment of the amount recommended is due Contractor(s); but by
recommending any payment ENGINEER will not thereby be deemed to have represented that continuous
or exhaustive examinations have been made by ENGINEER to check the quality or quantity of the work or
to review the means, methods, techniques or procedures of construction or safety precautions or
programs incident thereto or that ENGINEER has made an examination to ascertain how or for what
purposes any Contractor has used the monies paid on account of the contract price.
1.5.6 Conduct an inspection to determine if the PROJECT is substantially complete and a final
inspection to determine if the work has been completed in accordance with the Contract Documents and if
each Contractor has fulfilled all of his obligations thereunder so that ENGINEER may recommend, in
writing, final payment to each Contractor and may give written notice to OWNER and the contractor(s) that
the work is acceptable (subject to any conditions therein expressed), by any such recommendation and
notice shall be subject to the limitations expressed in Paragraph 1.5.5.
1.5.7 Revise contract drawings to record as-built conditions, with the assistance of the Contractor and
OWNER. Provide OWNER with one (1) set of record drawings on 11 X 17 and one (1) set in electronic
DWG format.
1.5.8 ENGINEER shall not be responsible for the acts or omissions of any Contractor, or subcontractor,
or any of the Contractor(s)' or subcontractors' agents or employees or any other persons (except
ENGINEER's own employees and agents) at the site or otherwise performing any of the Contractor(s)'
work; however, nothing contained in Paragraphs 1.5.1 through 1.5.8, inclusive, shall be construed to
release ENGINEER from liability for failure to properly perform duties undertaken by him in the Contract
Documents.
1.5.9 The duties and responsibilities of ENGINEER during the Construction Phase are amended and
supplemented as indicated in EXHIBIT B “Further Description of Engineering Services and Related
Matters: Services to be Provided by the Engineer”.
1.6
Period of Service
1.6.1 The provisions of Article 1 and the various rates of compensation for the ENGINEER's services
provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and
continuous progress of the PROJECT through completion of the Construction Phase. ENGINEER's
obligation to render services hereunder will extend for a period which may reasonably be required for the
design, award of contracts and construction of the PROJECT including extra work and required
extensions thereto.
1.6.2 If OWNER has requested significant modifications or changes in the extent of the PROJECT, the
time of performance of ENGINEER's services and his various rates of compensation shall be adjusted
appropriately.
ARTICLE 2. - ADDITIONAL OR SPECIAL SERVICES
2.1
If authorized in writing by OWNER, ENGINEER shall furnish or obtain Additional or Special
Services of the following types which are not considered normal or customary Basic Services except to
the extent provided otherwise in EXHIBIT B “Further Description of Engineering Services and
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Related Matters: Services to be Provided by the Engineer”; compensation to the ENGINEER shall be
as provided in Article 4.
2.1.1 Preparation of applications and supporting documents for governmental grants, loans or
advances in connection with the PROJECT; preparation or review of environmental assessments and
impact statements; review and evaluation of the effect on the design requirements of the PROJECT of
any such statements and documents prepared by others; and assistance in obtaining approvals of
authorities having jurisdiction over the anticipated environmental impact of the PROJECT.
2.1.2 Services resulting from significant changes in extent of the PROJECT or its design including, but
not limited to, changes in size, complexity, OWNER's schedule, or character of construction or method of
financing; and revising previously accepted studies, reports, design documents or Contract Documents
when such revisions are due to causes beyond ENGINEER's control.
2.1.3
Providing renderings or models for OWNER's use.
2.1.4 Preparing documents for alternate bids requested by OWNER for Contractor(s) work which is not
executed or documents for out-of-sequence work.
2.1.5 Investigations involving detailed consideration of operations, maintenance and overhead
expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and
appraisals; assistance in obtaining financing for the PROJECT; evaluating processes available for
licensing and assisting OWNER in obtaining process licensing; detailed quantity surveys of material,
equipment and labor; and audits or inventories required in connection with construction performed by
OWNER.
2.1.6
Furnishing the services of special consultants for other than the normal civil design.
2.1.7 For services resulting from the arranging for performance by persons other than the principal
prime contractors of services for the OWNER and administering OWNER's contracts for such services.
2.1.8 Services in connection with change orders to reflect changes requested by OWNER where such
changes are outside the normal scope of this PROJECT.
2.1.9 Services during out-of-town travel required of ENGINEER other than visits to the site as required
in Article 1.
2.1.10 Additional or extended services during construction made necessary by (1) work damaged by fire
or other cause during construction; (2) a significant amount of defective or neglected work of Contractor(s)
that could not have been reasonably prevented by ENGINEER or his representatives; (3) prolongation of
the contract time of any prime contract; (4) acceleration of the progress schedule involving services
beyond normal working hours; and (5) default of Contractor(s).
2.1.11 Preparing to serve or serving as a consultant or witness for OWNER in any litigation, public
hearing or other legal or administrative proceeding involving the PROJECT (except as agreed to under
Basic Services).
2.1.12 Additional services in connection with the PROJECT, including services normally furnished by
OWNER and services not otherwise provided for in the Agreement.
2.2
Resident Services During Construction
2.2.1 If requested by OWNER or recommended by ENGINEER and agreed to in writing by the other, a
Resident Project Representative will be furnished and will act as directed by ENGINEER in order to assist
ENGINEER in observing performance of the work of Contractor(s). Such services will be paid for by
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OWNER as indicated in Paragraph 4.1.2.3.
2.2.2 The duties and responsibilities and the limitations on the authority of the Resident Project
Representative and assistants will be set forth in EXHIBIT B “Further Description of Engineering
Services and Related Matters: Services to be Provided by the Engineer”, or if modified or amended
is to be identified, attached to and made a part of this Agreement before such services begin.
2.2.3 Through more extensive on-site observations of the work in progress and field checks of materials
and equipment by the Resident Project Representative (if furnished) and assistants, ENGINEER shall
endeavor to provide further protection for OWNER against defects and deficiencies in the work of
Contractor(s); but the furnishing of such Resident Project representation will not make ENGINEER
responsible for construction means, methods, techniques, sequences or procedures or for safety
precautions or programs, or for Contractor(s)' failure to perform their work in accordance with the Contract
Documents.
2.2.4 If OWNER designates another person to represent OWNER at the PROJECT Site who is not
ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such other
person and the effect thereof on the duties and responsibilities of ENGINEER under this Agreement will
be set forth in an exhibit that is to be identified, attached to and made a part of this Agreement before
such services begin.
ARTICLE 3. - OWNER's RESPONSIBILITIES
OWNER shall:
3.1
Provide all criteria and full information as to OWNER's requirements for the PROJECT, including
design objectives and constraints, space, capacity and performance requirements, flexibility and
expendability, and any budgetary limitations; and furnish copies of all design and construction standards
which OWNER will require to be included in the Drawings and Specifications.
3.2
Assist ENGINEER by placing at his disposal all available information pertinent to the PROJECT
including previous reports and any other data relative to design or construction of the PROJECT.
3.3
Furnish to ENGINEER, as required for performance of ENGINEER's Basic Services (except to the
extent provided otherwise in EXHIBIT B “Further Description of Engineering Services and Related
Matters: Services to be Provided by the Engineer”), data prepared by or services of others, including
without limitation core borings, probings and subsurface explorations, hydrographic surveys, laboratory
tests and inspections of samples, materials and equipment; appropriate professional interpretations of all
of the foregoing; environmental assessment and impact statements; property, boundary, easement, rightof-way; property descriptions; zoning, deed and other land use restriction; and other special data or
consultations not covered in Article 2; all of which ENGINEER may rely upon in performing his services.
3.4
Arrange for access to and make all provisions for ENGINEER to enter upon public and private
property as required for ENGINEER to perform his services.
3.5
Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as
OWNER deems appropriate for such examination and render in writing, decisions pertaining thereto within
a reasonable time so as not to delay the services of ENGINEER.
3.6
Provide such accounting, independent cost estimating and insurance counseling services as may
be required for the PROJECT, such legal services as OWNER may require or ENGINEER may
reasonably request with regard to legal issues pertaining to the PROJECT including any that may be
raised by Contractor(s). Such auditing service as OWNER may require to ascertain how or for what
purpose any Contractor has used the moneys paid to him under the construction contract and such
inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law,
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rule or regulations applicable to their performance of the work.
3.7
Designate in writing a person to act as OWNER's representative with respect to the services to be
rendered under this Agreement. Such person shall have complete authority to transmit instructions,
receive information, interpret and define OWNER's policies and decisions with respect to materials,
equipment, elements and systems pertinent to ENGINEER'’s services; OWNER’s representative for the
Project will be: Sergio Espinoza, PE.
3.8
Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes
aware of any development that affects the scope or timing of ENGINEER's services, or any defect in the
work of Contractor(s).
3.9
Furnish, or direct ENGINEER to provide necessary Additional or Special Services as stipulated in
Article 2 of this Agreement or other services as required.
3.10
Bear all costs incident to compliance with the requirements of this Article 3.
3.11
The duties and responsibilities of OWNER are amended and supplemented as indicated in
EXHIBIT B “Further Description of Engineering Services and Related Matters: Services to be
Provided by the Owner”.
ARTICLE 4. - PAYMENTS TO ENGINEER
4.1
Methods of Payment for Services and Expenses of ENGINEER.
4.1.1 For Basic Services. OWNER shall pay ENGINEER for Basic Services rendered under Article 1
(as amended and supplemented by EXHIBIT B “Further Description of Engineering Services and
Related Matters: Services to be Provided by the Engineer”) as follows:
Payment of the lump sum fee will be in proportion to the percent completion of the work tasks and Basic
Services to be provided by the ENGINEER in accordance with the Cost Proposal identified in EXHIBIT D
– Contract Rates and Cost Proposal.
The final 5% of the Basic Services fee for Construction Phase services identified in Section 1.5 shall not
be payable until the As-Built Drawings are submitted by the ENGINEER.
4.1.2 For Additional or Special Services.
Services rendered under Article 2 as follows:
OWNER shall pay ENGINEER for Additional or Special
4.1.2.1 General. For Additional or Special Services rendered under Paragraphs 2.1.1 through 2.1.10
inclusive, Paragraph 2.1.12, and services in preparation to appear as a consultant or witness under
Paragraph 2.1.11, on the basis of a negotiated fee, prior to commencing Additional or Special Services.
The negotiated fee for Additional or Special Services will incorporate labor and non-labor rates no higher
than shown in the table(s) of Contract Rates as shown in EXHIBIT D – Contract Rates and Cost
Proposal.
Payment of the lump sum fee for Additional or Special Services negotiated and/or as shown in EXHIBIT D
– Contract Rates and Cost Proposal, will be in proportion to the percent completion of the work tasks
and Special Services to be provided by the Engineer.
4.1.2.2 Serving as a Witness. For the services rendered by principals and employees as consultants or
witnesses in any litigation, hearing or proceeding in accordance with Paragraph 2.1.11 at the rate of no
more than $300 per hour or any portion thereof (but compensation for time spent in preparing to appear in
any such litigation, hearing or proceeding will be on the basis provided in Paragraph 4.1.2.1).
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4.1.2.3 Resident Project Services. For resident services during construction under Paragraph 2.2, on the
basis of a negotiated daily, weekly or monthly fee.
4.2
Times of Payments
4.2.1 ENGINEER shall submit monthly statements for Basic and Additional or Special Services
rendered and for Reimbursable Expenses incurred. The statements will be based upon ENGINEER's
estimate of the proportion of the total services actually completed at the time of billing. OWNER shall
make prompt monthly payments in response to ENGINEER's monthly statements.
4.3
Other Provisions Concerning Payments
4.3.1 If OWNER fails to make any payment due ENGINEER for services and expenses within thirty (30)
days after receipt of ENGINEER's bill therefore, the amounts due ENGINEER shall include a charge of
10% per annum interest from said thirtieth day, and in addition, ENGINEER may, if himself not in default,
after giving seven (7) days written notice to OWNER, suspend services under this Agreement until he has
been paid in full all amounts due him for services and expenses.
4.3.2 In the event of termination by OWNER under Paragraph 5.1 upon the completion of any phase of
the Basic Services and Additional or Special Services, progress payments due ENGINEER for services
rendered through such phase shall constitute total payment for such services. In the event of such
termination by OWNER during any phase of the Basic Services and Additional or Special Services,
ENGINEER will be paid for services rendered to the termination notice date including reimbursable
expenses.
4.4
Definitions
4.4.1 The Payroll Costs used as a basis for payment mean salaries and wages (basic and incentive)
paid to all personnel engaged directly on the PROJECT, including, but not limited to, engineers, architects,
surveyors, designers, draftsmen, specification writers, estimators, other technical personnel,
stenographers, typists and clerks; plus the cost of customary and statutory benefits including but not
limited to social security contributions, unemployment, excise and payroll taxes, workers compensation,
health and retirement benefits, sick leave, vacation and holiday pay applicable thereto.
4.5
Request for Payment. On or before noon of the first Monday of each month during the
performance of the services, ENGINEER shall submit to OWNER for its approval a request for payment
(“Request for Payment”) in form and substance satisfactory to OWNER. Each Request for Payment shall
set forth the amount and the sums of all prior services rendered, a detailed breakdown of the amount and
the sum of all prior payments. OWNER shall review each such Request for Payment and may make such
exceptions, as OWNER reasonably deems necessary or appropriate under the circumstances then
existing. About five (5) working days after the OWNER’s Board of Commissioners meets approving such
payment, the OWNER shall make payment to ENGINEER in the amount approved as aforesaid subject to
4.7, below.
4.6
Final Payment. After final completion of the work and acceptance thereof by OWNER,
ENGINEER shall submit a final request (“Final Request”) which shall set forth all amounts due and
remaining unpaid to ENGINEER and upon approval thereof by OWNER, OWNER shall pay to ENGINEER
the amount due (Final Payment”) under such Final Request in accordance with the provisions of 4.5.
The Final Request for Payment shall not be made until ENGINEER delivers to OWNER an affidavit that so
far as ENGINEER has knowledge or information, all materials and services over which ENGINEER has
control have been paid.
4.7
Qualifications on Obligations to Pay. Any provision hereof to the contrary notwithstanding,
OWNER shall not be obligated to make any payment (whether a payment under Article 4.5 hereof or Final
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Payment) to ENGINEER hereunder if any one or more of the following conditions precedent exist:
4.7.1 ENGINEER is in default of any of its obligations hereunder or otherwise is in default under this
Agreement or any of the Contract documents;
4.7.2 Any part of such payment is attributable to Services which are not performed in accordance with
this Agreement; provided however, such payment shall be made as to the part thereof attributable to
services which were performed in accordance with this Agreement;
4.7.3 ENGINEER has failed within ten (10) days after ENGINEER has been paid to make payments to
consultants or other third parties used in connection with the Services for which OWNER has made
payment to ENGINEER;
4.7.4 If OWNER, in its good faith judgment, determines that the portion of the compensation then
remaining unpaid will not be sufficient to complete the services in accordance with this Agreement, no
additional payments will be due ENGINEER hereunder unless and until ENGINEER, at its sole cost,
performs a sufficient portion of the Services so that such portion of the compensation then remaining
unpaid is determined by OWNER to be sufficient to so complete the services.
4.8
No partial payment made hereunder shall be or construed to be final acceptance or approval of
that part of the services to which such partial payment relates or relieves ENGINEER of any of its
obligations hereunder with respect thereto.
ENGINEER shall promptly pay all bills for labor and material performed and furnished by others in
connection with the performance of the Services.
4.9
Waiver. The making of the Final Payment shall constitute a waiver of all claims by the OWNER
except those arising from (1) faulty or defective services appearing after completion of the Work, (2)
failure of the services to comply with the requirements of this Agreement or the Contract documents or (3)
terms of any special warranties required by this Agreement or provided at law or in equity. The
acceptance of Final Payment shall constitute a waiver of all claims by the ENGINEER except those
previously made in writing and identified by the ENGINEER as unsettled at the time of the Final Request
for payment.
ARTICLE 5. -
GENERAL CONSIDERATIONS
5.1
Termination. The obligation to provide further services under this Agreement may be terminated
by the OWNER upon ten (10) days written notice at the sole discretion of the OWNER or either party upon
seven (7) days written notice in the event of substantial failure by the other party to perform in accordance
with the terms hereof through no fault of the terminating party.
5.2
Ownership of Documents. Original documents (plans, specifications, drawings, designs and
survey notes) developed in connection with services performed hereunder belong to, and remain the
property of the OWNER, in consideration of which it is mutually agreed that the OWNER will use them
solely in connection with the PROJECT. The ENGINEER may retain reproducible copies of such
documents. The plan sheets will be prepared on bond paper 11 X 17.
5.3
Controlling Law. This agreement is to be governed by the Laws of the State of Texas. Venue
shall be in Hidalgo County.
5.4
Successors and Assigns
5.4.1 OWNER and ENGINEER each binds himself and his partners, successors, executors,
administrators, assigns and legal representatives to the other party to this Agreement and to the partners,
successors, executors, administrators, assigns and legal representatives of such other party in respect to
all covenants, agreements, and obligations of this Agreement.
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5.4.2 Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or interest in
(including, but without limitation, moneys that may become due or moneys that are due) this Agreement
without the written consent of the other except as stated in Paragraph 5.4.1 and except to the extent that
the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any
written consent to an assignment no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from
employing such independent consultants, associates and sub-contractors as he may deem appropriate to
assist him in the performance of services hereunder.
5.5
Attorney’s Fees. In the unlikely event that a dispute occurs which is litigated or arbitrated, or a
cause of action in law or equity is filed concerning the operation, construction, interpretation or
enforcement of this agreement, the losing party shall bear the cost of the attorney’s fees incurred by the
prevailing party and any and all costs applicable thereto, including but not limited to court costs, deposition
fees, expert witness fees, out of pocket expenses and travel expenses which are incurred by the
prevailing party.
ARTICLE 6. 6.1
SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES
This Agreement is subject to the following special provisions:
6.1.1 The Certificate of Insurance should be made to the City of McAllen, P.O. Box 220, McAllen, TX
78505-0220, (1300 Houston, McAllen, Texas 78501) and should reference the operation.
All certificates must be received prior to commencement of service/work. All Certificates of insurance shall
be approved by the Risk Manager and/or his/her designated representative prior to the commencement of
any work.
In the event the insurance coverage expires prior to the completion of this contract, a renewal certificate
shall be issued thirty (30) days prior to said expiration date. The City must be notified at least thirty (30)
days prior to cancellation and/or non-renewals of such policies.
The term “City” shall include The City of McAllen and/or McAllen Public Utilities (MPU) and their
employees, officers, officials, agent, and volunteers in respect to the contracted services. Any failure on
the part of the City to request required insurance documentation shall not constitute a waiver of the
insurance requirement.
The City reserves the right to make reasonable requests or revisions pertaining to the types and limits of
that coverage.
During the term of the Contract, the successful contractor/respondent/selected firm shall acquire and
maintain, for the duration of the contract period the following insurances:
Comprehensive Commercial General Liability: The Contractor/Respondent/Selected Firm shall provide
minimum limits of $250,000 each occurrence, $500,000 annual aggregate combined single limit for bodily
injury and property damage liability. This shall include premises/operations, independent contractors,
products, completed operations, personal and advertising injury, and contractual liability. This insurance
shall apply as primary insurance with respect to any other insurance or self-insurance programs
maintained by the City and shall name the “City of McAllen” as an additional insured with a waiver of
subrogation. The policy of insurance shall be written on an “occurrence” form.
Blanket “XCU” – Explosion, Collapse & Underground
Independent Contractors
Care, Custody and Control
Contractual Liability
No endorsements excluding these coverage’s are allowed.
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Additional Insured Requirement:
To the fullest extent of coverage allowed under Chapter 151 of the Texas Insurance Code, the City of
McAllen and/or McAllen Public Utilities (MPU) shall be included as additional insured under the CGL
policy, using ISO Additional Insured Endorsements CG20101001 and CG20371001, or endorsements
providing equivalent coverage, including products completed operations
Business Automobile Liability: The Contractor/Respondent/Selected Firm shall maintain limits of no
less than $250,000 combined single limit per occurrence for bodily injury and property damage, and
$500,000 annual aggregate. This insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs maintained by the City and shall name the “City of McAllen” as an
additional insured with a waiver of subrogation. The policy of insurance shall be written on an “occurrence”
form.
Applicable as long as no fragile or perishable products are transported; otherwise, Cargo Insurance is
required.
Additional Insured Requirement:
To the fullest extent of coverage allowed under Chapter 151 of the Texas Insurance Code, the City of
McAllen and/or McAllen Public Utilities (MPU) shall be included as additional insured under the CGL
policy, using ISO Additional Insured Endorsements CG20101001 and CG20371001, or endorsements
providing equivalent coverage, including products completed operations
Workers' Compensation: The contractor/respondent/selected firm shall provide and maintain workers’
compensation insurance for all employees in the full amount required by statute and full compliance with
the applicable laws of the State of Texas. Employer's Liability insurance shall be provided in amounts not
less than $500,000 per accident for bodily injury by accident; $500,000 policy limit by disease; and
$500,000 per employee for bodily injury by disease."
In addition, a Waiver of Subrogation Endorsement shall be provided by the contractor naming the City of
McAllen in said policy for Worker’s Compensation Insurance. Contractor/Respondent/Selected Firm shall
further ensure that all of its sub-contractors maintain appropriate levels of workers’ compensation
insurance.
Professional Services - Insurance Provisions: Errors & Omissions (Professional Liability): $1,000,000
Each Claim Limit $1,000,000 Aggregate Limit. If coverage is written on a claims-made basis, the
retroactive date shall be on or prior to the date of the contractual Agreement. The certificate of insurance
shall state that the coverage is claims-made and include the retroactive date. The insurance shall be
maintained for the duration of the contractual Agreement and for four (4) years following completion of the
services provides under the contractual Agreement or for the warranty period, whichever is longer. An
annual certificate of insurance submitted to the City shall evidence coverage.
Deductible Clause: Contractor/Respondent/Selected Firm to declare self-insured retention or deductible
amounts in excess of $25,000.
Other Provisions: All insurance carriers shall be rated A6 or better and be published on a current A.M.
Best Rating Guide, or some other recognized equivalent rating service (e.g., Moody’s, Standard & Poor’s).
The City may request a copy of the insurance policy according to the nature of the project. City reserves
the right to accept or reject the insurance carrier. All Certificates of Insurance shall be provided on the
Acord Form 25. All insurance requirements are imposed and must be complied with by any and all subcontractors, and/or lower-tier sub-contractors. A copy of endorsements providing Additional Insured,
Primary Insurance and Waiver of Subrogation wording shall be attached to the certificates of insurance.
6.1.2 Indemnity. The OWNER will require that any contractor or subcontractors performing work in
connection with drawings and specifications produced under this Agreement to hold harmless, indemnify,
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the OWNER and the ENGINEER, their consultants, and each of their officers, , and employees from
damage arising out of or alleged to arise from the contractor's (or subcontractor's) negligence in the
performance of the work described in the construction contract documents.
6.2
The following Exhibits are attached to and made a part of this Agreement:
6.2.1 Exhibit A "Further Description of Engineering Services and Related Matters: Services to be
Provided by the Owner”
6.2.2 Exhibit B "Further Description of Engineering Services and Related Matters: Services to be
Provided by the Engineer"
6.2.3
Exhibit C “Work Schedule”
6.2.4
Exhibit D “Contract Rates and Cost Proposal”
6.3
This Agreement (consisting of Pages 1 to 14, inclusive), together with the Exhibit(s) and
schedule(s) identified above constitute the entire agreement between OWNER and ENGINEER and
supersedes all prior written or oral understandings. This Agreement and said Exhibit(s) and Schedule(s)
may only be amended, supplemented, modified or canceled by a duly executed written instrument.
ARTICLE 7. OTHER CONDITIONS OR SERVICES
7.1
Notwithstanding anything to the contrary contained in this Agreement, OWNER and ENGINEER
agree and acknowledge that OWNER is entering into this Agreement in reliance on ENGINEER’s
experience and abilities with respect to performing the Services. ENGINEER covenants with OWNER to
use its professional efforts, skill, judgment and abilities to design the PROJECT and to further the
interests of OWNER in accordance with OWNER’s requirements and procedures, in accordance with the
National Society for Professional Engineers’ professional standards, and in compliance with all applicable
national, federal, state and municipal laws, regulations, codes, ordinances, orders and with those of any
other body having jurisdiction.
Prior to the commencement of construction, ENGINEER shall
acknowledge in writing to OWNER that the Drawings and Specifications and all drawings and the
improvements if built in accordance therewith shall conform to all applicable governmental regulations,
statutes and ordinances then in effect. ENGINEER agrees that there are no obligations, commitments or
impediments of any kind that will limit or prevent performance of the Services.
7.2
The ENGINEER agrees that all of the Services to be furnished by the ENGINEER under or
pursuant to this Agreement, from the inception of the Agreement until the PROJECT has been fully
completed, shall be of the standard and quality which prevail among engineers of similar experience,
knowledge, skill and ability engaged in engineering practice throughout Texas under the same or similar
circumstances involving the design and construction of a project such as the PROJECT with all the
amenities as set forth in the Drawings and Specifications.
7.3
The ENGINEER agrees that it has endeavored to provide PROJECT Drawings and Specifications
that are accurate and free from any material errors; shop drawing accuracy will be the responsibility of the
Contractor as outlined in the Drawings and Specifications. ENGINEER also represents, covenants and
agrees to the following: The design of the PROJECT will conform to its foreseeable use as a PROJECT
with all the amenities as set forth in the Drawings and Specifications; the result of the drawings and
Specifications, if built in accordance therewith, will be suitable for purposes for which the PROJECT is
designed; and the PROJECT will be designed and construction will be observed in a professional manner
and will be suitable for human occupancy and use. The ENGINEER’s responsibilities as set forth herein
shall at no time be in any way diminished by reason of any approval by the OWNER of the Drawings and
specifications nor shall the ENGINEER be released from any liability by reason of such approval by the
OWNER, it being understood that the OWNER at all times is ultimately relying upon the ENGINEER’s skill
and knowledge in preparing the Drawings and specifications. Notwithstanding the immediately preceding
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sentence, ENGINEER may rely on any documents or information forwarded by OWNER pursuant to
Article 2 hereof.
7.4
The ENGINEER represents, covenants and agrees that the person directly in charge of the
professional engineering work is duly registered under the applicable Texas law.
7.5
Notwithstanding any provision herein to the contrary, in the event it is necessary for the OWNER
to require changes in the final plan of the PROJECT to enable reduction of construction cost of the
PROJECT to an amount within the sum estimated by the ENGINEER, the ENGINEER will be required to
make such revisions or changes. Notwithstanding any provisions herein to the contrary, it is agreed that if
the project cost is less than the lowest bona fide bid for construction and such low bid is not accepted by
the owner, the ENGINEER, at its expense, will make all necessary revisions to the plans and
specifications to lower the construction to an amount acceptable to OWNER and re-bid the project. The
project cost is defined as the ENGINEER’s final estimate of the probable cost of construction delivered
with the completed PS&E. The OWNER agrees to give the ENGINEER the latitude to make the required
changes to the plans and specifications to achieve the required reduction in construction costs; however,
the ENGINEER shall consult with the OWNER on all necessary changes.
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Alan Plummer Associates, Inc.
EXHIBIT B
Further Description of Engineering Services and Related Matters
Services to be provided by the ENGINEER
I.
Study and Report Phase
Task 1. Introduce the Project
(1) Prepare a request for information and data needed from MPU to perform the study.
Information to be requested will include previous water supply study reports; water and
wastewater master plan reports; water and wastewater quantity/quality data; population
projections; GIS basemap data; water demands; and other pertinent information. When
available, MPU will provide APAI requested information in electronic format.
Information not available in electronic format will be provided to APAI in printed form.
(2) Describe the MPU in terms of population served, geographic area, and institutional
history;
(3) Provide a summary of completed studies related to alternative water supplies and their
conclusions; and
(4) Provide a map summarizing the proposed study area and the major project components.
Task 2. Identify Needs and Challenges
This task serves to identify the need for the reuse project in terms of MPU’s water supply and
develop a case for implementing a reclamation project over other supply projects.
Task 2a. Identify the Current Water Supply Gap
(1) Evaluate previous studies on population growth and demand projections.
(2) Evaluate current and historical water supplies, with a focus on drought and curtailment
conditions.
(3) Define the need for additional water supplies through 2060.
Task 2b. Description of Current and Projected Water Supplies
(1) Evaluate previous studies done on water supply alternatives.
a. In addition to existing, completed projects, studies to be evaluated will include the
ongoing design and construction specifications of the North Water Treatment
Plant Groundwater Well project; the feasibility report for the Geothermal Water
Project; and the nonpotable reuse study associated with serving a planned
development in the northwest portion of the City.
b. Describe current water supplies and options for additional local and regional
water supplies, not including water reclamation projects. Existing water supplies
include:
i. Water rights from Falcon and Amistad Reservoirs (on the Rio Grande),
ii. Groundwater, and
iii. Nonpotable reuse (irrigation/cooling water makeup).
(2) Potential future water supply options (not including potable reclamation options) include:
a. Additional local groundwater,
b. Contracting for additional surface water, and
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c. Importing groundwater from other basins.
d. Continuing and expanding non-potable practices consistent with MPU’s nonpotable master plan
(3) Identify potential reclamation alternatives, including
a. Potable water reuse: Potential options for potable reuse that will be considered
include indirect potable reuse via discharge to surface water, indirect potable
reuse via aquifer storage and recovery, and direct potable reuse.
b. Brackish groundwater: evaluation of this alternative will use and build on two
sources of existing information including the Lower Rio Grande Basin Study
(Bureau of Reclamation, December 2013) which provided an appraisal-level
assessment of several regional brackish groundwater supply alternatives in the
Lower Rio Grande Valley and a hydrogeologic study for MPU that provided
estimates of yields and water quality of local brackish supplies.
Task 2c. Description of Current and Projected Water Demands
This task will document current and projected water demands.
(1) Summarize historical and current water demands.
(2) Summarize projected water demands through 2060 based on the most recent water supply
planning study completed by MPU.
Task 2d. Identify Water Quality Concerns
The primary goal of any reclamation project is to ensure that the finished water produced meets
all drinking water quality requirements and is protective of public health. This task will:
(1) Define water quality requirements for potable reuse, determined by TCEQ on a case-bycase basis in accordance with the 30 TAC 290 - “Public Drinking Water”
Innovative/alternate treatment clause, which allows permitting of any treatment process
that does not have specific design requirements in 290.42(a) – (f) of this title;”
(2) For indirect potable reuse to surface water, define expected Texas Pollutant Discharge
Elimination System (TPDES) permitting requirements based on surface water quality
standards of the receiving stream;
(3) For direct potable reuse, define project water quality performance targets based on
information from the Texas Water Development Board Direct Potable Reuse Resource
Document and site-specific MPU goals; and
(4) Define water quality targets for reclamation of brackish groundwater based on
compliance with drinking water standards and MPU goals.
Task 2e. Description of Wastewater and Disposal Options under Non-Title XVI Alternative
This task will summarize wastewater flows, disposal options and plans for expanded or new
wastewater facilities.
(1) Define projected wastewater flows through 2060.
(2) Define current discharge locations and permit conditions and any projected future
changes.
(3) Describe any plans for expansion to provide projected wastewater capacity.
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Task 3. Identify Water Reclamation and Reuse Opportunities
Task 3a. Identify Uses of Reclaimed Water
The primary use of reclaimed water to be considered in this study is potable supply
augmentation. This task will document this use and summarize any associated water quality and
treatment requirements.
Task 3b. Description of Water Market
This task will address the opportunities for water reuse in the MPU service area.
(1) For potable reuse, the market is all customers of the MPU water system and is
determined by existing projections and demands, as will be defined in Task 2.
Task 3c. Identify and Address Potential Hurdles Associated with Reclaimed Water Uses
This task will identify considerations that may prevent implementation of water reuse.
(1) For potable use, the primary issues that could impact implementation are cost, operational
complexity and public perception.
a. Define potential barriers to implementation of potable reuse.
b. Identify strategies to address these barriers
i. Provide recommendations for public outreach strategies to address public
concerns with potable reuse
ii. Provide recommendations to address potential concerns related to
operations, monitoring and failure response protocols for potable reuse
treatment systems.
(2) For brackish desalination, the primary issues that could impact implementation are cost
and the availability and reliability of groundwater supplies. These issues will be
evaluated in other project tasks.
Task 3d. Identify Jurisdictional Issues
This task will identify jurisdictional issues associated with each of the potential reclamation
alternatives.
Task 3e. Describe Potential Sources of Reclaimed Water
Potential sources of reclaimed water for MPU include the North Wastewater Treatment Plant
(NWWTP) and the South Wastewater Treatment Plant (SWWTP). Satellite plants may also be
considered. In addition, MPU will be evaluating the use of brackish groundwater. This task will
provide a description of these sources.
Task 3f. Describe Source Water Facilities
This task will describe each of the source water facilities.
(1) Describe the NWWTP and SWWTP using information from previous studies and
available data.
a. Define capacities, existing flows, treatment processes, and plans for future
facilities.
b. Define the amount of reclaimed water available to meet new demands.
(2) Evaluate the potential supply from brackish groundwater
a. Building on information developed in the Lower Rio Grande Basin Study and
preliminary hydrogeologic assessments performed for MPU, evaluate the
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availability of brackish groundwater in terms of location, depth of formation,
water quality characteristics and yield.
b. Evaluate the potential for using geopressured/geothermal (GP/GT) resources for
water supply
i. This alternative was investigated in the 1990’s through a research grant
from the Texas Water Development Board and has recently been reexamined by MPU. Information from this recent study will be used to
develop estimates of energy recovery and evaluate the potential role of
GP/GT in development of a brackish groundwater supply.
Task 3g. Describe Current Reuse Practices
MPU currently provides reclaimed water to a City golf course for irrigation and two power
plants for cooling water make-up. This task will
(1) Describe these current reuse projects with respect to the users served and the volumes of
water delivered and
(2) Provide maps to supplement the above description.
Task 3h. Summarize Current Water Reclamation Technology
This task will supplement the descriptions provided in Task 3g, as follows:
(1) Describe the current reuse projects with respect to treatment technologies currently in use
and
(2) Consider the impacts of proposed technologies for implementing potable reuse on the
current or potential future non-potable uses of reclaimed water.
Task 4. Description of Alternatives
Task 4a. Describe Non-Federal Funding Condition
This task will describe the “no project” option, i.e. what actions MPU would take if Federal
funding were not provided for the proposed reuse project.
Task 4b. Define Objectives of the Project
The objective of this project is to determine the highest and best use of reclaimed water and
brackish groundwater for MPU, in conjunction with the use of existing supplies. The evaluation
of the highest and best use will be determined through consideration of the following factors:
(1) Cost per volume of water delivered;
(2) Ability of the alternative to delay the need for additional water supply;
(3) Reliability of water supply offset / augmentation (e.g., drought resistance, demand
hardening);
(4) Project risk (e.g., associated with permitting and public acceptance uncertainties); and
(5) Energy efficiency.
Task 4c. Description of Non-Title XVI Alternatives
If the water reclamation supply options were not implemented, the other options available to
MPU include acquisition of additional water rights through contract and/or purchase,
development of additional local groundwater supplies, or importation of groundwater from other
basins.
(1) Identify options for additional local and regional water supplies excluding potable
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reclamation projects: Evaluate potential future supply options for:
a. Additional local brackish groundwater for blending with surface water supplies
b. Contracting for additional surface water
c. Importing potable groundwater from other basins
d. Continuing and expanding non-potable practices consistent with MPU’s nonpotable master plan.
(2) Describe the non-Title XVI alternatives, including treatment and conveyance facilities.
(3) Include maps illustrating the proposed alternatives.
(4) Prepare estimates of life cycle cost based on available information in the most recent Rio
Grande Regional Water Plan (Region M) and other available water supply studies.
Present the costs in terms of dollars per acre-foot and dollars per thousand gallons.
Task 4d. Development of Reclamation Project Alternatives with Cost Estimates
Note: This task will be preceded by Tasks 4e and 4f but has been placed in this location to follow
the flow of the Directives and Standards Publication No. WTR 11-01.
(1) Identify potential reclamation alternatives to be considered. Potential alternatives will be
discussed in Workshop #1 (see Task 12)
(2) Using conceptual-level information and costs, perform an initial screening evaluation to
identify no more than five alternatives to be considered for detailed evaluation.
(3) Develop three to five project alternatives that augment the potable supply with reclaimed
water, brackish groundwater, or a combination of the two. Elements that vary between
the alternatives will be identified as part of Task 4f.
(4) Develop detailed cost estimates for the selected alternatives, including capital costs,
annual operation, maintenance and replacement costs, life cycle costs and unit cost of
water in terms of dollars per acre-foot and dollars per thousand gallons.
(5) Update and summarize cost estimates from the 2010 nonpotable reuse implementation
plan study.
Task 4e. Determine Waste Discharge Requirements
Describe waste-stream discharge treatment and disposal water quality requirements for each of
the alternatives.
(1) Evaluate alternatives for disposal of concentrate for treatment schemes that generate
concentrate streams (such as reverse osmosis)
a. Determine expected concentrate water quality based on available data.
b. Evaluate the feasibility of a surface discharge of concentrate
i. Define receiving water quality requirements
ii. Define any additional treatment needed to meet receiving water quality
goals
c. Evaluate other strategies for disposal, as needed, which may include:
i. Deep well injection
ii. Evaporation ponds/mechanical evaporators
iii. Additional advanced treatment to reduce volume of concentrate stream or
achieve zero liquid discharge
(2) Define strategies for discharge treatment or disposal of other waste-stream residuals
generated by each treatment scheme.
5
09/11/15
Task 4f. Describe Potential Project Elements
Note: This task will precede Tasks 4d and 4e but has been placed in this location to follow the
flow of the Directives and Standards Publication No. WTR 11-01.
This task will identify project elements that, when assembled into project alternatives, will
achieve water quality and water quantity goals. These project elements may consist of any of the
following:
(1) Treatment technologies employed to achieve water quality performance goals
a. For potable reuse, advanced treatment technologies, including filtration, RO, and
advanced oxidation processes (AOP) will be considered. Alternative treatment
technologies, such as nanofiltration or ozonation and biofiltration, will also be
considered.
b. For brackish groundwater, blending or side-stream treatment for salt removal will
be considered.
(2) Location of the advanced treatment facilities
(3) Conveyance infrastructure
(4) For all of the above, consider measures that can increase energy efficiency, such as
a. Evaluate use of variable frequency drives for large equipment
b. Evaluate energy efficiency of treatment process alternatives (e.g., ozone and
biofiltration versus reverse osmosis)
c. Evaluate the potential for local generation of renewable power (e.g. wind, solar,
GT/GP)
Task 5. Economic Analysis
This task will summarize results of the cost and benefit analysis. Costs for the reuse/brackish
groundwater alternatives will be developed in Task 4d. Costs for the non-reuse alternatives will
be developed in Task 4c. In addition, this task will compare the cost of potable reuse options
with cost of nonpotable reuse alternatives developed in previous studies to evaluate the relative
economic value of implementing potable reuse only or a combination of potable and nonpotable
reuse options.
Task 5a. Describe Existing and Future Condition
(1) Summarize the water supply conditions and justification of need, as developed in Task 2.
Describe projected future water supply and economic impacts with and without the
recommended project.
Task 5b/5c. Prepare Cost Comparison
(1) Compare cost of project alternatives developed in Tasks 4c and 4d. The basis for this
comparison will be
a. Cost of water on a unit basis ($/acre-foot)
b. Project capital cost and the availability of funding to meet the needed expenditure
(2) All comparisons will be made on the basis of the same interest rates and period of
analysis.
Task 5d. Compare Other Benefits between Non-Title XVI Project Alternatives and Proposed
Title XVI Alternatives
(1) Identify and analyze potential benefits, including but not limited to, the following:
a. Reduction, postponement, or elimination of development of new or expanded
6
09/11/15
water supplies;
b. Reduction or elimination of the use of existing diversions from natural
watercourses, or withdrawals from aquifers;
c. Reduction of demand on existing Federal or other water supply facilities; and
d. Reduction, postponement, or elimination of new or expanded wastewater
facilities.
e. Improvements in water quality over existing supplies
(2) Where sufficient information is available, develop quantitative benefit estimates for the
alternatives.
(3) For benefits that are difficult to quantify (e.g., a drought tolerant water supply, reduced
water importation, and other social or environmental benefits), provide qualitative
descriptions of the benefits.
Task 6. Selection of the Title XVI Project
Selection of the Title XVI project will be determined based on the objectives and evaluation
criteria of the project, as identified in Task 4b. The following steps will be taken to select the
Title XVI Project:
(1) Evaluate alternatives based on the criteria identified in Task 4b and quantified in Task 5.
(2) Determine the relative importance (weighting) of financial and non-financial criteria.
(3) Based on the results of (1) and (2), compare the alternatives using a multi-criterion
decision analysis (MCDA) approach. The comparison and ranking of alternatives will be
performed in Workshop #2 (see Task 12).
Task 7. Energy Evaluation and Environmental Considerations
This task includes evaluation of energy requirements and potential environmental issues that
could result in additional costs to comply with NEPA requirements. This task will not include a
full NEPA-compliant evaluation.
(1) Energy Evaluation
a. Evaluate the energy requirements of the proposed treatment facilities and
conveyance facilities
b. Evaluate energy saving measures, including
i. Evaluate energy saving measures at existing treatment facilities that would
be incorporated into the recommended project.
ii. Evaluate potential energy saving measures in the design of new reclaimed
water treatment facilities (including brackish groundwater treatment if
applicable), such as energy recovery devices and variable frequency drives
on large equipment.
c. Evaluate the availability of renewable energy, including
i. Evaluate purchasing energy produced renewably from local utilities
ii. Evaluate construction of a local renewable energy project, such as solar
collectors or wind turbines.
d. For the brackish groundwater supply option, evaluate the potential of using
geothermal energy to help offset the energy requirements of desalination. .
(2) Environmental Considerations and Potential Impacts
a. Describe potentially significant impacts on endangered or threatened species,
public health or safety, natural resources, regulated waters of the United States, or
cultural resources.
7
09/11/15
b. Describe potentially significant environmental effects or unique or undefined
environmental risks.
c. Describe the status of required Federal, state, tribal, and/or local environmental
compliance measures, including copies of any documents that have been
prepared, or results of any relevant studies.
d. Describe other available information that would assist with assessing the
measures that may be necessary to comply with the NEPA and other applicable
Federal, state, or local environmental laws such as the Endangered Species Act or
the Clean Water Act.
e. Describe how the proposed potable reuse alternatives will affect water supply and
water quality from the perspective of a regional, watershed, aquifer, or river basin
condition.
f. Describe the extent of public involvement in the feasibility study and summarize
comments received, if any.
g. Describe the potential effects the project may have on historic properties. Include
potential mitigation measures, the potential for adaptive reuse of facilities, an
analysis of historic preservation costs, and the potential for heritage education, if
necessary.
Task 8. Legal and Institutional Requirements
This task will identify potential legal and institutional requirements, or other barriers to
implementing the proposed Title XVI project.
Task 8a. Analyze Water Rights
Any water rights issues associated with the recommended project will be summarized.
Task 8b. Analyze Institutional and Legal requirements
Other institutional and legal requirements will be identified and summarized. These may include
contractual agreements, settlement agreement or other obligations related to the recommended
project.
Task 8c. Analyze Multi-Jurisdictional and Interagency Aspects
Any multi-jurisdictional or interagency agreements associated with the proposed project will be
summarized in this task.
Task 8d. Analyze Permitting Requirements
This task will describe permitting requirements for project implementation and recommendations
for strategies to help streamline the permitting process.
Task 8e. Discuss Any Unresolved Issues Pertaining to Implementing the Proposed Project
Any other unresolved legal or regulatory issues that may impact project implementation will be
addressed in this task.
8
09/11/15
Task 9. Implementation and Funding Plan
Develop an implementation and funding plan, including the following information:
(1) A plan for implementing the preferred alternative:
a. Describe the treatment and infrastructure requirements based on information
developed in previous tasks.
b. Describe the extent to which the proposed alternative will use proven
technologies and conventional system components.
c. Define any recommended future public outreach initiatives needed to address
public concerns related to implementation of a potable reuse project.
d. Identify basic research needs, if any.
i. Describe research needs associated with the proposed Title XVI project,
including the objectives to be accomplished through research. Depending
on treatment schemes identified, pilot- and/or bench-scale testing of
treatment processes will likely be necessary to obtain TCEQ approval.
Research related to concentrate disposal strategies may also be identified.
1. Describe the basis for Reclamation participation in the identified
research.
2. Identify the parties who will administer and conduct necessary
research.
e. Develop a schedule for implementation of the preferred alternative, including
basic research, pilot-testing, design and construction, customer contracts,
permitting, and other necessary elements.
(2) A plan for funding the proposed project construction, operation, maintenance, and
replacement costs:
a. Describe the willingness of MPU to pay for its share of capital costs and the full
operation, maintenance, and replacement costs.
b. Describe how MPU will pay construction, annual operation and maintenance, and
replacement costs. Identify the potential sources of revenue, including grants
and/or loans that may be available to fund design and construction of the
preferred alternative.
c. Describe all Federal and non-Federal sources of funding and any restrictions on
such sources, for example, minimum or maximum cost-share limitations.
d. Describe the reasonably foreseeable future actions that MPU would take if
Federal funding were not provided for the proposed water reclamation and reuse
project, including estimated costs.
Task 10. Report
(1) Prepare a Title XVI feasibility report that organizes and describes the work performed in
the previous tasks and meets applicable requirements of RM Directives & Standards
WTR 11-01.
(2) Prepare a summary report for MPU executive management describing and comparing all
water supply alternatives and documenting relative cost and qualitative advantages and
disadvantages.
9
09/11/15
Task 11. Project Administration
Monitor the project staffing, budget and schedule during the project. Provide information to
MPU need to complete the semi-annual financial and program performance reports to the Bureau
of Reclamation.
Task 12. Workshops and Meetings
Prepare for and facilitate a vision and goals workshop (Workshop #1) to obtain input from MPU
staff and board on water supply goals, strategies, vision and project success factors. Potential
conceptual water supply options will be presented and discussed at the workshop. Based on
feedback from the workshop, an initial list of options to be evaluated will be developed.
(1) Prepare for and facilitate an alternative ranking workshop (Workshop #2) following
completion of Task 5 (Economic Evaluation). At the workshop each alternative will be
presented and summarized. A ranking matrix approach will be used to identify key
ranking criteria and score each alternative for both cost and non-cost factors. The
outcome of the workshop will be a ranked list of alternatives and a recommended
alternative for which a detailed implementation and funding plan will be developed.
(2) Prepare for and facilitate up to 2 additional project progress meetings to be held remotely
via gotomeeting.
II.
Design Phase
Design services are to be determined and agreed upon through an amended contract.
III.
Bidding or Negotiating Phase
Bidding or negotiating services are to be determined and agreed upon through an amended
contract.
IV.
Construction Phase
Construction services are to be determined and agreed upon through an amended contract.
10
EXHIBIT C
WORK SCHEDULE
McALLEN PUBLIC UTILITY
WATER SOURCES EVALUATION AND FEASIBILITY STUDY OF POTABLE REUSE AND BRACKISH GROUNDWATER DESALINATION
PROJECT SCHEDULE
Task
Description
Oct-15
Nov-15
Dec-15
Jan-16
Feb-16
Mar-16
Apr-16
May-16
Jun-16
Jul-16
Aug-16
Sep-16
Oct-16
Nov-16
Dec-16
Jan-17
Feb-17
Mar-17
Apr-17
May-17
Kickoff Meeting (remote)
1
2
Introduce the Project
Identify Needs and Challenges
1
2
Vision and Goals Workshop (Workshop #1)
3
4
5
Identify Water Reclamation and Reuse Opportunities
Description of Alternatives
Economic Analysis
3
4
5
Alternative Selection Workshop (Workshop #2)
6
7
8
9
Selection of Title XVI Project
Energy Evaluation and Environmental Considerations
Legal and Institutional Requirements
Implementation and Funding Plan
6
7
8
9
Progress meeting (remote)
10
Report
10
Tasks
Subtasks
Workshops
Remote Meetings (via gotomeeting)
Mcallen_schedule_10_06_15
8/20/15
EXHIBIT D
Contract Rates and Cost Proposal
Fee Schedule by Task
Task
1
2
3
4
5
6
7
8
9
10
11
12
Description
Introduce the project
Identify needs and challenges
Identify water reclamation and reuse opportunities
Description of alternatives
Economic analysis
Selection of Title XVI project
Energy evaluation and environmental considerations
Legal and institutional requirements
Implementation and funding plan
Report
Project administration
Workshops and meetings
TOTAL
TOTAL FEE
$7,160
$41,380
$22,810
$137,504
$22,540
$3,736
$30,484
$6,320
$17,724
$72,094
$52,910
$79,862
$494,524
APAI Hourly Breakdown by Task
Total Labor
Hours
Water Sources Evaluation Feasiblity Study
Percent of
Fee ($$$)
Total Fee
1,270
$
223,154
100.0%
1
Introduce the project
32
$
4,960
2.2%
2
Identify needs and challenges
39
$
6,180
2.8%
3
Identify w ater reclam ation and reuse opportunities
71
$
11,260
5.0%
4
Description of alternatives
316
$
51,704
23.2%
5
Econom ic analysis
38
$
6,040
2.7%
6
Selection of Title XVI project
16
$
2,636
1.2%
7
Energy evaluation and environm ental considerations
106
$
16,184
7.3%
8
Legal and institutional requirem ents
40
$
6,320
2.8%
9
Im plem entation and funding plan
55
$
8,924
4.0%
10
Report
254
$
40,744
18.3%
11
Project adm inistration
146
$
36,520
16.4%
12
Workshops and m eetings
157
$
31,682
14.2%
$
223,154
100.0%
Total Subconsultants
Total Reim bursables
$
$
264,550
6,820
Total Expenses
$
271,370
$
494,524
TOTAL LABOR
Total Labor Hours
1,270
Total Labor Am ount
TOTAL EXPENSES
GRAND TOTAL - Water Sources Evaluation Feasiblity Study
ALAN PLUMMER ASSOCIATES, INC.
HOURLY FEE SCHEDULE
2015
Staff
Code
2015 Rate
A1-A3
$ 75.00
A4
$ 102.00
Designer/Technician
C1-C2
$ 90.00
Senior Designer/Technician
C3-C4
$ 115.00
ES1-ES3
$ 115.00
Project Engineer/Scientist
ES4
$ 135.00
Senior Project Engineer/Scientist
ES5
$ 150.00
Project Manager
ES6
$ 175.00
Senior Project Manager
ES7
$ 218.00
Electrical Engineer
EE1
$ 140.00
Senior Electrical Engineer
EE2
$ 240.00
Structural Engineer
SE1
$ 140.00
Senior Structural Engineer
SE2
$ 210.00
ES8-ES9
$ 260.00
Staff Description
Admin Staff
Senior Admin Staff
Engineer-in-Training/Scientist-in-Training
Principal
Billing rates may be adjusted by up to 4 percent annually (at the beginning
of each calendar year) during the term of this agreement.
A multiplier of 1.15 will be applied to all direct expenses
BOARD: Public Utility Board
ITEM SUMMARY
AGENDA ITEM
DATE SUBMITTED
MEETING DATE
2.b.
10/06/2015
10/13/2015
1. Agenda Item: Consideration of Subordination Lien between the City of McAllen and Gary Lauer and
Melissa Lauer to Bank of America, N.A. for property at Lot 1, Melgar Subdivision, McAllen, Hidalgo
County, Texas.
2. Party Making Request: Approved - MDC
3. Nature of Request: Consideration of Subordination Lien between the City of McAllen and Gary Lauer
and Melissa Lauer to Bank of America, N.A. for property at Lot 1, Melgar Subdivision, McAllen, Hidalgo
County, Texas.
4. Fiscal Impact Summary:
5. Budgeted:
Bid Amount:
Under Budget:
Budgeted Amount:
Over Budget:
Amount Remaining:
6. Routing:
Stocker, Mary Ellen
Pagan, Kevin
Vega, Mark
Approved - 10/06/2015
Final Approval - 10/06/2015
7. Staff Recommendation:
8. Advisory Board:
10. Manager's Recommendation: Approved - MAV
AGENDA ITEM
2.c.
DATE SUBMITTED
MEETING DATE
10/05/2015
10/13/2015
1. Agenda Item: Consideration and Award of Emergency Filter Repair (Filter No.
4) Contract for Northwest Water Treatment Plant.
2. Party Making Request: Jose Solis, Director of Water Systems
3. Nature of Request: Consideration and Approval of Emergency Contract.
Emergency repairs needed at Northwest Water Treatment Plant due to failure
of Filter's (Filter No. 4) under drain system.
4. Budgeted:
Bid Amount:
Under Budget:
No
$125,660.00
$0.00
Budgeted Amount:
Over Budget:
Amount Remaining:
$0.00
$0.00
$0.00
5. Reimbursement: Not applicable.
6. Routing:
Balboa, Ester
Solis, Joe
Rodriguez, J.J.
Noriega, Gerardo
Approved - 10/05/2015
Approved - 10/05/2015
7. Staff's Recommendation: Staff recommends that the McAllen Public Utility
Board authorize staff to issue an emergency repair contract to WWaterTech
Inc. in the amount of $125,660.
10. Director of Finance for Utilities:
QUOTATION
3104 Washington St.
Waller, TX 77484
P: (936) 372-5272 S F: (936) 372-9224
PROCESS EQUIPMENT
TO:
McAllen Public Utility NW Water Plant
2501 W. Expressway
McAllen, TX 78503
DATE
QUOTE NO.
30-Sep-15
RM092315.2
PAGE
1 OF
10
YOUR REFERENCE
Email:
McAllen North Water Plant Filter Rehab #2
ATT: Jose Solis
PH: (956) 681-1702
FAX:
FOR MORE INFORMATION CONTACT
Javier Santiago
(956) 483-5929
Summary of Project:
Submittals (if required) will be issued within thirty (30) days of receipt, of your valid purchase order.
Scope of Supply
Prices Valid For Thirty (30) Days
Freight: F.O.B. Factory/F.F.A
Terms: Net 30 Days - No Retentions
SHIPPING SCHEDULE IS BASED ON CURRENT MATERIAL AVAILABILITY AND PROCUREMENT LEAD TIMES. AT TIME OF ORDER
PLACEMENT, AVAILABILITY OF RAW MATERIALS WILL BE CHECKED AND SHIPPING PROMISES ADJUSTED ACCORDINGLY.
ANY PURCHASE ORDER IS SUBJECT TO THE ATTACHED GENERAL TERMS AND CONDITIONS OF SALE (2 PAGES).
ITEM
A
QTY
DESCRIPTION
UNIT COST
LOT Roberts Filter Underdrain System, Including Installation
(See Attached Scopes for Details)
TOTAL COST
125,660.00
BONDING AND SURETY INCLUDED
2-4 week delivery after approved submittals
TOTAL PRICE
$125,660.00
**SALES TAX CERTIFICATE MUST BE PROVIDED AT TIME OF ORDER
Is Freight Included? __X__ Yes
______ No
Send Order To:
___Steve Holt___________
Sales Representative
Delivery:*
_2 - 4_ Weeks (after approved submittal)
*Subject to availability at time of order
*NOTES* 1. No Startup or installation services are included.
2. Sales Tax Certificate & W-9 must be provided at time of order.
3. First time orders are subject to verifiable credit references.
4. Unless otherwise noted, freight is not included.
5. NO SALES TAX INCLUDED
11338431EEA72C7EC2D6D8A1ACFB7302.xls
Signed & Accepted this _____ day of ________________ 2015
________________________________________________
(Name)
(Title)
www.wwatertechinc.com
September 23, 2015
McAllen Public Utility NW Water Plant
2501 W. Expressway
McAllen, TX 78503
To: Jose Solis
Re: McAllen North Water Plant Filter Rehab
Below is the scope of work to be included in the quote provided by WwaterTech Inc.
•
•
•
•
•
•
Removal of Existing Media
Demolition of Existing Underdrain
Provide Hilti RE 500 Epoxy
Provide Parts:
- Stainless Steel ½” All-thread
- Nuts
- Fender Washers
- Chip Board
- Duct Tape
- Grout
Installation of New Underdrains
Installation of New Media
Sincerely,
Steve Holt
President
WWaterTech Inc.
3104 Washington Street
Waller, TX 77484
Phone: 936-372-5272
3901 Airport Freeway, Suite 305
Bedford, Texas 76021
Phone: 817-358-0551 S Fax: 817-358-0552
3104 Washington Street
Waller, Texas 77484
Phone: 936-372-5272 S Fax: 936-372-9224
7604 N. 22
Phone: 956-483-5929 S Fax: 936-372-9224
GENERAL TERMS
Terms of payment are as follows: 90% upon shipment, 5 % upon receipt
of approved final O&M manuals, and 5% upon start-up, testing and acceptance
by Owner, not to exceed ninety (90) days from shipment, for payment within thirty
(30) days of invoice, -- % discount, net thirty (30) days.
This quotation is subject to change or withdrawal without notice, and
subject to acceptance within thirty (30) days by Buyer. If accepted by the Buyer,
this Proposal shall become a binding contract only when approved and signed by
an authorized officer of the Seller, at its office in Waller, Waller County, Texas,
and may then be modified by written agreement only. No statements or
understanding relating to the subject matter, other than those set forth herein,
shall be binding on WwaterTech, Inc. (WTI).
All orders, contracts and quotations are submitted contingent upon
occurrence of strikes, accidents, fire, riots, war, and Acts of God, and any other
causes beyond our control. In the event of strikes in our plants or in the plants of
our supplier, we may withdraw this Proposal if, in our opinion, such strikes may
result in the following:
1,
2.
3.
Delay in the delivery of materials and supplies.
Cancellation by suppliers of materials and supplies.
Increase prices for materials, supplies and labor.
Quoted shipment or delivery dates are based upon current production
schedules of the specified equipment, after receipt of all approved drawings,
together with complete technical data necessary for proper application and
“state-of-the-art” engineering, as required by the Project.
WTI, will deliver
drawings for approval in a timely manner commensurate with the original concept
of completion, as conceived by the Owners and/or Engineers. WTI, will not be
liable for liquidated damages or other penalties, either direct or indirect, for failure
to perform within these estimated dates.
The Standard Conditions of Sale printed on the attached side of this
sheet, unless expressly accepted herein, are part of this Quotation. Any
provisions in the Purchase Order, which are in conflict with or in addition to the
provisions provided herein, shall be come part of the contract only if affirmatively
accepted in writing by Buyer and Seller.
END
STANDARD CONDITIONS OF SALE
1)
ACCEPTANCE
This contract is subject to credit approval by the Seller (WwaterTech, Inc.) prior to acceptance. In the event of insolvency or other financial
difficulty on the part of the Buyer, the Seller may withhold or require payment in advance or seek such other security, as it deems necessary.
2)
PAYMENT
Buyer agrees to pay Seller interest at the highest legal rate on any amount unpaid from maturity and Buyer further agrees to pay Seller all
collection or attorney’s fees and court costs incurred; under no conditions will credit be extended beyond ninety (90) days without the applicable
statutory and common laws liens being filed.
3)
CANCELLATION
In the event Buyer cancels the contract or any part thereof, Buyer agrees to reimburse Seller for any costs incurred; including engineering time
expended on the pre-approval and approval drawings as well as shop drawings and direct labor with overhead burden, materials and other costs
incurred through the date of cancellation, plus a margin of 10% of the contract amount.
4)
TAXES
Buyer will pay Seller, in addition to the price stated, the amount of any applicable sales, and gross receipts or other tax which may be imposed on
this transaction by the Federal, State, County or Municipal government and any subdivision thereof.
5)
TITLE AND RISK OF LOSS
Full risk of loss (including transportation, delays, damages and/or losses) shall pay to Buyer upon delivery of products to the F.O.B. point or at the
time of installation, if provided for in the contract. Seller retains title, for security purposes only, to all products whether attached to realty or other
property, until fully paid for in cash; and the Buyer agrees to perform all acts, which may be necessary to perfect and assure retention of title in the
Seller. In the case of failure by the Buyer to make any payment when due, it is expressly understood that it shall be optional with the Seller to take
exclusive possession of the products supplied wherever found and remove same without legal process, and that any payments which may have
been made on account of same shall be retained by the company as liquidated damages, without prejudice to its right or recovery for further
damage it may suffer from any cause.
6)
WARRANTY AND LIMITATION OF REMEDY AND LIABILITY
A.
Seller warrants only that the products and parts manufactured by Seller, when shipped, and the work performed by Seller (including
installations, construction and start-up) when performed, will meet all applicable specifications and other specific product and work
requirements (including those of performance), if any, of this agreement, and will be free from defects in material and workmanship. All
claims for defective or non-conforming (both hereinafter called defective) products or parts under this warranty shall be made in writing
immediately upon discovery, and in any event, within one (1) year from shipment of the applicable item unless Seller specifically assumes
installation, construction or start-up responsibility, in all claims for defective or non-conforming work shall be made in writing immediately
upon discovery, and in any event, within one (1) year from completion of the applicable work by Seller, such date to be determined
exclusive of instruction, start-up and inspection work done pursuant to the contract; provided, however, all claims for defective products and
parts shall be made in writing no later than eighteen (18) months after shipment. Defective and non-conforming items must be held for
Seller’s inspection and returned to the original F.O.B. point upon request. THE FOREGOING IN EXPRESSLY IN LIEU OF OTHER
WARRANTIES WHATSOEVER, EXPRESS, IMPLIED AND SATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MECHANTABILITY AND FITNESS.
B.
Any act of the Buyer to alter, modify, or install equipment in a manner contrary to the instructions furnished by the Seller shall serve to void
the Seller’s warranty on those items altered, modified or improperly installed.
C.
Upon Buyer’s submission of a claim as provided herein and substantiation, Seller shall at the option either repair or replace its product, part
or work at the original F.O.B. point of delivery or to refund an equitable portion of the purchase price.
D.
Notwithstanding the foregoing provisions of this WARRANTY AND LIABILITY Clause, it is specifically understood that products and
parts not manufactured and work not performed by Seller are warranted to the extent and in the manner that the same are warranted to Seller
by Seller’s vendors, and then only to the extent is reasonably able to enforce such warranty. In enforcing such warranty, it is understood
Seller shall have no obligation to initiate litigation unless Buyer undertakes to pay all costs and expenses therefor, including, but not limited
to, attorney’s fees, and indemnifies Seller against any liability to Seller’s vendors arising out of such litigation.
E.
THE FOREGOING IS SELLER’S ONLY OBLIGATION AND BUYER’S EXLUSIVE REMEDY FOR BREACH OF WARRANTY
AND, EXCEPT FOR GROSS NEGLIGENCE AND WILLFUL MISCONDUCT. THE FOREGOING IS BUYER’S EXCLUSIVE
REMEDY AGAINST SELLER FOR ALL CLAIMS ARISING HEREUNDER OR RELATING HERETO WHETHER SUCH CLAIMS
ARE BASED ON BREACH OF CONTRACT, TORS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER
THEORIES. BUYER’S FAILURE TO SUBMIT A CLAIM AS PROVIDED ABOVE SHALL SPECIFICALLY WAIVE ALL CLAIMS
FOR DAMAGES OR OTHER RELIEF, INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED ON LATENT DEFECTS. IN NO
EVENT SHALL BUYER BE ENTITLES TO INCIDENTAL OR CONSEQUENTIAL DAMAGES. ANY ACTION BY BUYER
ARISING HEREUNDER OR RELATING HERETO, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES OR IT SHALL BE BARRED.
7)
PATENTS
Should the equipment proposed herein incorporate a patent or a concept that results in a patent or a patent application, title to such patent or
concept resulting therefrom shall be retained in full ownership by WwaterTech, Inc. (WTI) and shall be the sole property of WTI.
8)
BACKCHARGES
Seller will not accept any charge for modification, servicing, adjustment or for nay other item without authority in the form of a written order
issued from the office of WTI, in Waller, Texas, in advance of doing the work.
9)
TERMS OF AGREEMENT
The acceptance of this order shall be upon the terms and conditions specified herein which shall take precedence and represent
the final agreement between Buyer and Seller notwithstanding any inconsistent, contradictory or other and further terms and
conditions contained in Buyer’s purchase order or other document furnished by Buyer in connection with this order, whether
such document or documents are exchanged simultaneously with this order or prior to subsequent thereto.
214 North Jackson Street • Media, PA 19063
www.robertsfilter.com • p 610.583.3131 • f 610.583.0117
June 30, 2015
WWaterTech, Inc.
7604 N. 22nd St.
McAllen, TX 78504
Attention:
Javier Santiago
Reference:
McAllen, TX
Subject:
Roberts’ Proposal GF-WR11-1468-T1
Filter Underdrain System
Filter Media
Gentlemen:
Roberts Water Technologies, Inc. (“Roberts”) is pleased to offer the below scope of supply for
the McAllen Water Treatment Plant Project.
Filter Underdrain System
Roberts proposes to furnish the following equipment for one (1) single bay filter, measuring 14’0” x 28’-0”.
1.
A sufficient quantity of Slotted Infinity® Air/Water Underdrain laterals shall be furnished
for Contractor’s assembly of underdrain laterals. Included shall be endplates, and
grommets for sealing the existing “J” tubes into the bottom of the underdrain.
Notes:
a.
Roberts does not include grout which shall be furnished by others.
b.
Roberts does not include any installation labor of any kind.
2.
One (1) set of flume anchors shall be furnished for Contractor’s installation.
Option: In lieu of the conventional flume anchors above, Roberts shall furnish mechanical hold
downs for installation over the flume.
A Unit of the Roberts Filter Group of Companies
Roberts Water Technologies • Roberts Environmental • Roberts Services • Roberts Leotech • Roberts Filter International • Roberts of Puerto Rico
McAllen, Texas
6/30/15
Page 2
Notes:
1.
Offering is based on the existing Header “j” tubes being satisfactory for use with the
Infinity. No modifications of the existing air piping is included in this scope of supply.
2.
Prior to manufacturing the underdrain laterals, precise measurements will be required of
the existing air piping to be sure the air holes are correctly placed in the bottom of the
underdrain.
Filter Media
Roberts proposes to furnish the following equipment for one (1) single bay filter, measuring 14’0” x 28’-0”.
1.
Silica sand shall be furnished for placement by the installing Contractor in one filter.
Sand shall be provided in sufficient quantity to obtain a finished depth of 12" within
each filter. Sand shall have an effective size of 0.45-0.55 mm and a maximum
uniformity coefficient of 1.4.
2.
Anthracite shall be furnished for placement by the installing Contractor in each filter.
Anthracite shall be provided in sufficient quantity to obtain a finished depth of 24"
within each filter. Anthracite shall have an effective size of 0.95-1.05 mm and a
maximum uniformity coefficient of 1.3.
3.
An extra 1” of sand and anthracite shall be furnished for backwashing and skimming of
media fines.
Notes:
a.
All filter media shall conform to the applicable standards of AWWA B100 and be
NSF 61 Listed.
b.
All silica sand and anthracite shall be shipped in super sacks on pallets.
c.
Onsite sampling of media is not included and shall be by others.
Supervisory Service:
The services of a Roberts Representative are not included in this scope of supply. These
services may be obtained at the per diem rate (plus living and travel expenses) in effect at the
time services are rendered. The current per diem rate is $1,280.00 plus living and travel
expenses. Field services are provided in accordance with the terms and conditions on attached
form M-100422A.
Project Price:
Infinity® underdrain: Included
Adder for Mechanical Hold downs: Included
Media: Included
___________________________________________________________________________________________________
The ROBERTS FILTER GROUP of Companies
McAllen, Texas
6/30/15
Page 3
Price Quoted Is:
1.
F.O.B. shipping points with freight prepaid and allowed to the jobsite.
2.
Exclusive of any Federal, State, Manufacturer’s Use Tax or any other taxes which may be
applicable.
3.
For acceptance within thirty (30) days after the bid opening.
4.
Based upon return of approved submittal data within two (2) weeks of submittal.
5.
Contractor to furnish Roberts with actual field measurements of basin prior to start of
shop drawings.
Drawings:
Submittals shall be provided within two (2) to four (4) weeks after acknowledgment of order.
Shipment:
Equipment shipment shall commence within two (2) to four (4) weeks after receipt of approved
drawings or receipt of written notice to proceed with manufacturing.
Terms:
Please refer to the attached forms M6A-2/10 and M-100422A.
Work & Materials Not Included:
Roberts does not include any pipe, fittings, thimbles, valves, supports therefore, spare parts,
misc. iron work, pumps, epoxy, grout, anchor pull test equipment and labor, field wiring,
instrumentation, field assembly nor installation, priming, painting, labor, start-up service,
supervision, nor any other materials or services which are not covered within the above
specified scope of this proposal.
We thank you for the opportunity of submitting our proposal to you for your review. We look
forward to working with you on this project. Should you have any questions, please feel free to
contact the undersigned.
Sincerely yours,
ROBERTS WATER TECHNOLOGIES, INC.
Warren E. Ringler
Regional Sales Manager
WER:idm
___________________________________________________________________________________________________
The ROBERTS FILTER GROUP of Companies
Roberts Water Technologies, Inc.
A Unit of The Roberts Filter Group
STANDARD TERMS & CONDITIONS OF SALE
1. QUOTATIONS
Seller may make quotations verbally or in writing. Verbal quotations which are not confirmed in writing by Seller shall expire in five (5) calendar days unless Seller
receives Buyer's purchase order within that period. Written quotations, including written confirmations of verbal quotations, shall expire automatically within thirty
(30) calendar days after the date of quotation unless Seller receives Buyer's purchase order within that period. Acceptance of Seller's quotation by Buyer is expressly
limited to the terms contained herein. The terms and conditions set forth herein represent all of the promises, covenants, agreements, conditions and understandings
between Buyer and Seller and supersede all prior and contemporaneous agreements, understandings, inducements or conditions, expressed or implied, oral or written,
relating to the sale and purchase of the goods covered hereby.
2. ACCEPTANCE OF PURCHASE ORDERS
Purchase orders shall be made out to Roberts Water Technologies, Incorporated (herein called the "Seller"), Darby, PA, and shall be, not withstanding any contrary
language of Buyer's purchase order, subject to acceptance by an authorized employee at the seller's Darby, PA Plant.
3. TAXES
Unless otherwise noted, prices are exclusive of any taxes, including but not limited to local, State, Provincial, Federal Sales, Use or Manufacturer's Taxes or Customs
and Duties of any sort; and such are to be borne by the Buyer.
4. CREDIT AND PAYMENT
(a) The prices set forth on the quotation attached hereto constitute the effective prices, notwithstanding any price lists, prior quotations of prices or prices set forth in
any purchase order.
(b) In the United States and Canada, payment terms are net thirty (30) days from date of shipment or, if delivery is delayed by an act of Buyer, thirty (30) days from
date material is ready for shipment.
(c) If Buyer is located outside the United States or Canada, special terms may be available.
(d) Any amounts not paid when due shall incur a service charge of 1-1/2% per month (18% per annum) until paid in full. Buyer shall pay all expenses incurred in
collecting delinquent accounts, including attorneys' fees.
(e) All credit and terms of payment are subject to approval of the Sellers Credit Department.
(f) Buyer will be invoiced and make payment, according to the above terms, for partial shipments.
(g) Buyer may
5. SHIPMENTS
(a) Statements as to the expected dates of shipment represent Seller's best judgment, but shipment on those dates is not guaranteed. Failure to deliver pursuant to said
shipment dates for any reason whatsoever whether in Seller's control or not shall not be cause for cancellation by Buyer or for the assertion of damages of any kind
whatsoever including, but not limited to, consequential damages, against Seller.
(b) Costs for demurrage, cartage, and unloading material between points of delivery by carrier and jobsite are borne by Buyer.
(c) On shipments F.O.B. Seller's Plant or point of manufacture, it is the Buyer's responsibility to inspect and accept materials and enter and prosecute any claim for
loss or damage during shipment.
l and consequential damages from any
def
6. TITLE
All goods purchased hereunder are shipped F.O.B., Darby, PA or point of manufacture. Title to the products and all risk of loss or damage with respect thereto shall
pass to and be borne by Buyer upon delivery by Seller to the carrier. All shipping and insurance charges shall be borne by Buyer, and where prepaid by Seller shall
be included in the invoice for the goods shipped. To secure payment by Buyer of the amounts due to Seller under this or any other contract between Seller and Buyer,
Buyer hereby grants to Seller a security interest in the goods purchased hereunder. Buyer agrees to execute, deliver, and file any financing statements, security
agreements or other documents, and to do any and all acts, which are requested by Seller to perfect, continue perfected, or evidence such security interest and any
other security interests granted to Seller hereunder.
7. WARRANTY
(a) If it is established, within one year after delivery to the Buyer, that any material or workmanship was defective at time of shipment, Seller will, at Seller's option,
repair or replace such goods. The foregoing shall constitute the exclusive remedy of Buyer. It is expressly understood that Seller will not be liable for any special,
indirect or consequential damages, losses or expenses arising in connection with the use or inability to use Seller's equipment for any purpose.
SELLER DISCLAIMS AND MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, EXCEPT AS SET FORTH HEREIN, AND HEREBY SPECIFICALLY
NEGATES ANY IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF INFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE WITH RESPECT TO THE PRODUCTS SOLD HEREUNDER. BY SUBMITTING PURCHASE ORDER, BUYER AGREES THAT SELLER MAKES
NO IMPLIED WARRANTIES AND ALL IMPLIED WARRANTIES ARE SPECIFICALLY EXCLUDED.
(b) To return a product purchased hereunder in connection with the assertion of a claim under the foregoing expressed warranty, the Buyer must obtain a return
authorization from Seller prior to returning such product and must pay the costs of return transportation. Such transportation costs will be reimbursed to the
Buyer by Seller only upon verification of the propriety of the claim by Seller.
8. FIELD SERVICE
Unless otherwise noted in the quotation, the services of a serviceman or field engineer are not included in the quoted price. Service may be available upon payment of
current per diem rates plus all travel and living expenses.
9. CANCELLATION
Deferment or cancellation of an order by Buyer will be accepted only on prior written agreement by and reimbursement to Seller for incurred expenses. Seller shall
confirm any such oral notice in writing within five (5) days. Upon such cancellation, Seller shall have no further obligation with respect to this contract nor shall
Seller be liable for damages of any kind, including, but not limited to, consequential damages, provided, however, that cancellation shall not be deemed a waiver of
Seller's rights to demand performance by Buyer of any obligation of Buyer pursuant hereto, accrued up to the date of cancellation.
10. GOVERNING LAWS
These terms and conditions shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania.
11. FORCE MAJEURE
Seller shall not be liable for any failure to discharge its obligations hereunder due to strikes, differences with workmen, accidents, Acts of God, fires, or shutdowns of
its manufacturing plant or plants supplying it, orders of requirements of the United States Government, embargoes, inability to secure transportation facilities, or
other contingencies beyond the control of Seller, including, but not limited to, those arising out of or due to national defense activities, or emergency conditions.
M6A-2/10
Supersedes 1/96
Roberts Water Technologies, Inc.
A Unit of The Roberts Filter Group
DOMESTIC FIELD SERVICE TERMS & CONDITIONS
1. AUTHORIZATION
required in requests for service by a Roberts field
representative. Services shall not commence without an acceptable Purchase Order. Services performed shall be limited to the maximum dollar amount or time
authorized in the Purchase Order. Robert's will normally notify the customer when the amount of services performed have reached 75% or more of the
maximum amount authorized in the Purchase Order. Additional written authorization in the form a supplemental Purchase Order is required in order to obtain
services in excess of the maximum amount authorized in the original Purchase Order.
2. RESPONSIBILITY
Unless otherwise specifically authorized in writing, the field service representative shall act only in an advisory capacity, interpreting drawings, recommending
sequence of work in erection, installation, start-up, and repairs, or other services specifically included in Roberts' proposals. The Roberts field representative shall
not be responsible for any acts of omission, commission, or the quality of workmanship of other than Roberts' field employees. The representative shall not be
responsible for any deficiencies caused by employees, contractors, subcontractors or agents of the Owner failing to follow the instructions or advice of the
representative. If Roberts requests, Customer shall execute an agreement indemnifying Roberts from any and all claims against field representative.
3. REPORTS
For acknowledgment purposes, Daily Time Summary Reports prepared by Roberts' service representative require the signature of the Customer's job superintendent,
or other authorized individual, acknowledging receipt. Any differences in interpretation of warranty responsibilities shall be indicated on each appropriate daily
report.
4. RATES
The hourly rate for a Roberts service representative, whether straight time or overtime, is determined by the day of the week, and/or time of the week that the
service is performed, according to the following:
(a)
(b)
Straight Time: Straight time is defined as time worked on a regular schedule of eight hours per day; between 7:00 AM and 6:00 PM - Monday through
Friday, or for time worked on any other agreed upon schedule of eight hours per day, Monday through Friday. Each hour of straight time shall be paid at
the straight time rate.
Overtime: Overtime is defined as time worked in excess of or at times other than the regular straight time rate, except that hours worked in excess of sixteen
per day, Monday through Saturday, and any hours worked on Sundays and holidays, shall be paid at two times the straight time rate. A "holiday" is any day
observed by Roberts as a holiday.
NOTE: STRAIGHT TIME AND OVERTIME RATES MAY BE ESTABLISHED ON A DAILY, WEEKLY OR MONTHLY BASIS, IF
APPROPRIATE, RATHER THAN ON THE HOURLY BASIS UNDER SUB-PARAGRAPH (A), ABOVE.
(c)
Standby: Standby time is defined as time, up to eight hours per day, Monday through Friday, during which the field service representative, during the course
of his assignment is available for work, but is not working because of circumstances beyond Roberts' control. Each hour of standby time shall be paid at the
straight time rate.
NOTE: SHORTAGES OF MINOR ITEMS SUPPLIED BY ROBERTS SHALL NOT BE DEFINED AS STANDBY TIME CHARGEABLE TO
ROBERTS.
5. TRAVEL TIME
Travel time is charges at the straight time rates. Travel time to the jobsite destination may be dependent upon particular skills required to perform start-up and
availability of the person closest to the particular jobsite, but may vary and shall be at Roberts' discretion. The maximum travel time charged within the Continental
U.S. shall be eight hours in each direction.
6. EXPENSES
Roberts shall be paid, by the customer, upon invoicing by Roberts, for travel, living and incidental expenses as follows:
(a)
(b)
Travel Expenses: If the field service representative uses a personal or Company automobile for transportation to the jobsite and return, or for daily work
transportation, travel expenses shall be calculated at Roberts' mileage rate prevailing at the time for such use, plus all tolls. If the field service representative
does not use a personal or Company automobile, the actual cost of transportation (air or train fare, etc.) from/to Darby, PA shall be paid. Air or rail
transportation will ordinarily be in coach, tourist or economy class accommodations. First class accommodations will only be used under special
circumstances, e.g. unavailability, or unsuitability of lesser accommodations.
Living Expenses: Roberts shall be paid, upon billing, for field service representative's lodging, meals and any other incidental expenses, related to the job,
while the field service representative is at the jobsite, and while traveling to and from the jobsite.
7. INVOICING
Invoices shall be rendered on a monthly basis and shall be payable within thirty (30) days. Roberts Water Technologies, Inc. reserves the right to refuse to provide
field service for an account that is overdue. After (30) days, invoices past due shall be subject to finance charge of 1-1/2% per month (18% per annum) and
Form: M-100422A
Supersedes M-960104A
AGENDA ITEM
2.d.
DATE SUBMITTED
MEETING DATE
10/07/2015
10/13/2015
1. Agenda Item: Consideration and Approval of Professional Services Contract
Amendment for BIG D Engineering to allow an additional 12 months time for
the Geo-water Feasibility Study.
3. Nature of Request: Consideration and Approval of Professional Services
Contract Amendment for BIG D Engineering to allow an additional 12 months
time for the Geo-water Feasibility Study.
4. Budgeted:
Bid Amount:
Under Budget:
Budgeted Amount:
Over Budget:
Amount Remaining:
5. Reimbursement:
6. Routing:
Gonzalez, Carlos
7. Staff's Recommendation: Staff recommends Approval of Professional
Services Contract Amendment for BIG D Engineering to allow an additional 12
months time for the Geo-water Feasibility Study.
Memo
TO:
Marco A. Vega, P.E., General Manager
\FROM:
Carlos Gonzalez, P.E., Utility Engineer
DATE:
October 7, 2015
SUBJECT:
Geo-water Feasibility Study - Professional Services Contract
Amendment No. 1 for Big D Engineering
The existing Professional Services Contract for the Geo-water Feasibility Study for Big D
Engineering expires on December 29, 2015. The engineer has presented findings to date,
in a prior MPUB Workshop. The engineer is currently researching potential funding
opportunities that may be available to further study this potential energy/water source.
Staff is recommending extending contract terms for an additional 12 months.
If additional information is required, please advise.
AMENDMENT NO. 1
TO CONTRACT AGREEMENT FOR ENGINEERING SERVICES
BETWEEN MCALLEN PUBLIC UTILITY
AND
Big D Engineering
FOR
Geowater Project
THIS AMENDMENT NO. 1 is made as of ________________________ between
McAllen Public Utility (OWNER) and Big D Engineering (ENGINEER) for the Design
of Development of a Process to Accomplish Desalination by Using Geothermal
Energy (Geowater Project) in Hidalgo County, Texas.
OWNER and ENGINEER in consideration of their mutual covenants herein agree in
respect of the performance of professional engineering services by ENGINEER and the
payment of those services by OWNER as set forth below.
WHEREAS, the OWNER and the ENGINEER executed the original Contract Agreement
between Owner and Engineer for Engineering/Professional Services on September 15,
2014; and,
WHEREAS, it has become necessary to amend the contract to: extend the contract
time to allow an additional year to complete project.
NOW, THEREFORE, premises considered, the OWNER and ENGINEER agree that
said Agreement is amended to include the following Contract modifications:
Revise Part III – Term of Contract as follows:
This agreement shall be in effect until the close of business day on December
15, 2016.
ENGINEERING SERVICES CONTRACT AMENDMENT NO. 1
Between MCALLEN PUBLIC UTILITY and Big D Engineering
For Geowater Project
Page 1 of 2
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment
as the day and year first above written.
OWNER:
MARK VEGA, P.E.
General Manager
ENGINEER:
BIG D ENGINEERING
DATE
ATTEST:
NYLA FLATAU
MPUB Secretary
Dario Guerra, P.E.,
Principal
DATE
ATTEST:
DATE
Dario Guerra, P.E.
Principal
DATE
APPROVED AS TO FORM:
KEVIN PAGAN
City Attorney
DATE
REVIEWED BY:
Gerrardo Noriega
DATE
Director of Purchasing and Contracting
ENGINEERING SERVICES CONTRACT AMENDMENT NO. 1
Between MCALLEN PUBLIC UTILITY and Big D Engineering
For Geowater Project
Page 2 of 2
AGENDA ITEM
3.a.
DATE SUBMITTED
MEETING DATE
10/06/2015
10/13/2015
1. Agenda Item: Budget Amendment - Sewer Capital Improvement Fund - Direct
Potable Reuse Study (Water Sources and Feasibility Study)
3. Nature of Request: An order amending the budget of the McAllen Public Utility
Board of Trustees for the fiscal year 2015/2016 Effective October 1, 2015, by
providing for an increase in expenditures in the amount of $494,524 for the
Direct Potable Reuse Study (Water Sources and Feasibility Study) within the
Sewer Capital Improvement Fund.
4. Budgeted:
Bid Amount:
Under Budget:
Budgeted Amount:
Over Budget:
Amount Remaining:
5. Reimbursement:
6. Routing:
Carvajal , Melba
7. Staff's Recommendation: Recommend approval as presented
ORDER NO. 2015 -______
AN ORDER AMENDING THE BUDGET OF THE McALLEN
PUBLIC UTILITY BOARD OF TRUSTEES FOR THE FISCAL YEAR
2015/2016 EFFECTIVE OCTOBER 1, 2015, BY PROVIDING FOR
AN INCREASE IN EXPENDITURES TO-WIT: $494,524 FOR THE
DIRECT POTABLE REUSE STUDY (WATER SOURCES AND
FEASIBILITY STUDY) WITHIN THE SEWER CAPITAL
IMPROVEMENT FUND; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the McAllen Public Utility Board of Trustees of the City of McAllen,
Texas annually adopts its budget and submits to the City Commission which
incorporates such budget in the overall budget for the City by ordinance.
WHEREAS, McAllen Public Utility Board of Trustees by ordinance of the City
Commission providing for the creation of the McAllen Public Utility Board of Trustees,
has the authority to manage and control the McAllen Public Utility, including control
over fiscal matters of the Public Utility Board and therefore, it is not necessary that
the City Commission approve the budget of the McAllen Public Utility Board of
Trustees, and henceforth the McAllen Public Utility Board of Trustees will approve its
budget and all amendments thereto by order which shall be filed along with the City
Budget under the provisions of the Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE MCALLEN PUBLIC UTILITY
BOARD OF TRUSTEES OF THE CITY OF McALLEN, TEXAS, THAT:
SECTION I: The Budget for the McAllen Public Utility Board of Trustees for
the Fiscal Year 2015/2016 which became effective October 1, 2015, on file with the
Board’s Secretary, is hereby amended in the following particulars as shown on Exhibit
"A" attached hereto and incorporated herein for all purposes.
SECTION II: The General Manager as Budget Officer shall provide for the filing
of a true copy of this Budget Amendment in the office of the County Clerk, Hidalgo
1 of 2
County, Texas.
SECTION III: This Order shall be effective after its passage and execution in
accordance with the law.
SECTION VI: If any part or parts of this Order are found to be invalid or
unconstitutional by a court having competent jurisdiction, then such invalidity or
unconstitutionality shall not affect the remaining parts hereof and such remaining
parts shall remain in full force and effect, and to that extent this Order is considered
severable.
CONSIDERED, PASSED and APPROVED this 13th day of October, 2015, at a
regular meeting of the of the McAllen Public Utility Board of Trustees of the City of
McAllen, Texas, at which a quorum was present and which was held in accordance
with Chapter 551 of the Texas Government Code.
SIGNED this _____ day of October, 2015.
BOARD OF TRUSTEES
By:
Ernest R. Williams, Chairman
ATTEST:
By:
Nyla L. Flatau, Utility Board Secretary
APPROVED AS TO FORM:
Kevin D. Pagan, City Attorney
2 of 2
CITY OF McALLEN
BUDGET AMENDMENT
REF.NO.
FUND:
Sewer Capital Improvement
To be assigned by Finance Dept.
DEPARTMENCapital Outlay / Infrastructure
Fund
Dept. &
Division
Activity
Element &
Object
Project
Code
480
8708
446
66-36
IS1411
"Information Only" - DO NOT POST
Beginning
Budget
Description
Capital Outlay / Infrastructure (Direct Potable Reuse Study)
Sewer CIP Fund - Fund Balance
$
Debit
-
$
494,524
$ 1,597,489
TOTALS
$
1,597,489
$
494,524
Revised
Budget
Credit
$
-
$
494,524
$
494,524
$
494,524
$
-
$
-
$ 1,102,965
$
(Round up all amounts to the nearest hundred dollars)
Justification: Additional funds needed for Water Sources and Feasibility Study (Direct Potable Reuse Study)
Department Head Approval
Signature
Date
Director of Finance for Utilities
Signature
Date
General Manager's approval is necessary for transfers to
purchase Capital Outlay.
General Manager
Signature
Date
1,597,489
AGENDA ITEM
4.a.
DATE SUBMITTED
MEETING DATE
10/07/2015
10/13/2015
1. Agenda Item: Discussion and Approval of Citrus Grove Plaza, Lots 14, 15 and
16.
2. Party Making Request: Carlos Gonzalez, P.E., Utility Engineer
3. Nature of Request: Approval of subdivision as conditions set forth.
4. Budgeted:
Bid Amount:
Under Budget:
Budgeted Amount:
Over Budget:
Amount Remaining:
5. Reimbursement: Sewer Line Reimbursement for participation to the MPU:
Central McAllen Distribution Sewer Project in the amount of $ 8,873.50.
6. Routing:
Gonzalez, Carlos
7. Staff's Recommendation: Approval of subdivision as conditions set forth.
AGENDA ITEM
5.a.
DATE SUBMITTED
MEETING DATE
10/05/2015
10/13/2015
1.
Agenda Item: Presentation by BBS
2.
Party Making Request: Marco A. Vega, P.E., General Manager
3.
Nature of Request: Item for Board information.
4.
Budgeted:
Bid Amount:
Under Budget:
5.
Reimbursement:
6.
Routing:
Flatau, Nyla
Budgeted Amount:
Over Budget:
Amount Remaining:
7.
Staff's Recommendation: Item for Board information.
8.
City Attorney: N/A - KDP
9.
MPU General Manager: N/A - MAV
10. Director of Finance for Utilities: N/A - MDC
August 31, 2015
Via Electronic Mail
Marco A Vega, P.E.
General Manager
McAllen Public Utility
1300 Houston Avenue
Re:
August 2015 Water Brief
Please allow the following information to serve as a resource regarding some of the water issues
trending in Texas. It is not a comprehensive summary. Its purpose is to provide information that
may be of interest to water stakeholders in our region at this time. In addition, the information
provided is only basic information regarding the subject matter herein. Additional information
regarding any of the subject matters discussed below is available upon request. This is a work
product of Beatty Bangle Strama PC and is intended for the sole use of the firm’s clients. Before
taking any action in reliance on the information included herein, we ask that you personally
consult with an attorney from our firm.
Gulf Coast Ecosystem Restoration Council
The Texas Commission on Environmental Quality (“TCEQ”) Commissioner Toby Baker, Texas
designee to the federal RESTORE Council, is hosting four Listening Sessions along the coast in
September. The purpose of the listening sessions is to give the public an opportunity to
comment on the priorities for the Texas coast as we move forward with implementing the federal
RESTORE Act and distributing RESTORE funds. One of these sessions will be held on
September 28th from 6:30 pm to 8:30 pm at the University of Texas Rio Grande Valley Campus
at Brownsville at the Gran Salon Ballroom located at One West University Blvd, Brownsville,
TX 78520. Personnel from Texas natural resource agencies and the Governor’s Office drafted
policy guidance to aid in setting priorities for projects and programs funded by the RESTORE
Act. The guidance represents a consensus on restoration and recovery values developed by these
agencies. Specifically the public is invited to comment on the Priorities Document.1 The main
categories of the priorities document include economic benefits, environmental benefits,
comprehensive factors, project logistics and community engagement. This document outlines the
criteria for awarding RESTORE funds and is based on elements of grant review processes
currently accepted by the Federal government. The public input will be used to develop scoring
1
A copy of the priorities document is attached for your reference and review.
Marco Vega
August 31, 2015
Page 2
criteria for the RESTORE project selection process. That scoring criteria will be posted on the
website when a call for RESTORE-funded projects is announced, as well as included in the
Request for Grant Applications (RFGA).2
A framework document has also been developed to facilitate the discussion of the
implementation of the RESTORE Act in Texas. Among other things, the framework document
describes the importance of a healthy coastal community on both the environmental economy in
Texas and the United States. The overall purpose and eligibility for funding varies among the
components of the Gulf Coast Restoration Trust Fund; however, projects or programs generally
must carry out one of these five goals from the Act; restore and conserve habitat, restore water
quality, replenish and protect living coastal and marine resources, enhance community resilience,
and restore and revitalize the gulf economy.
Along with economic objectives, Texas will pursue the following ecosystem goals in
implementation of the RESTORE Act; implementing long-standing conservation and
development plans, integrating the needs of people and the environment, anticipating changing
environmental conditions and demographics, and placing a high value on accomplishing those
goals that cannot be accomplished with current traditional funding vehicles.
Texas v. Environmental Protection Agency (“EPA”)
Waters of the United States
There are currently 80 plaintiffs and over 40 lawsuits challenging the EPA’s rule redefining the
Waters of the United States (“WOTUS”) and thus subjecting new water bodies to the Clean
Water Act. On August 27th a United States Federal District Judge in North Dakota granted an
injunction filed by 13 states to block the enforcement of the new definition of WOTUS in those
states. In his ruling US Federal Judge Ralph Erickson held that, “the risk of irreparable harm to
the states is both imminent and likely”. This is a temporary block of enforcement of the new
definition as a lawsuit challenging the constitutionality continues to be litigated. However,
EPA’s stance is that the rule is enforceable in all the 37 remaining states not covered by Judge
Erickson’s ruling. Texas officials argue that the North Dakota court ruling should have an affect
nationwide and enjoin EPA from enforcing the redefined definition of WOTUS in all 50 states.
The North Dakota court denied to rule on whether its injunction should apply nationwide
because it believed those courts should make that decision themselves since those matters are
pending before them.
Texas and other southern states are suing the EPA and Obama administration in federal court.
Those proceedings were suspended when the Judge granted a stay to determine if the various
lawsuits could be consolidated. At the heart of the controversy is whether or not the new
definition changes or expands the jurisdiction of the EPA to regulate additional water bodies not
currently subject to the Clean Water Act. The EPA has historically held that their jurisdiction
2
Information taken from a TCEQ press release announcing the public comment session.
Marco Vega
August 31, 2015
Page 3
should go beyond the regulation of traditional navigable waters like rivers and seas and extend to
smaller bodies that could impact these traditional waters. This concerns private property owners
who fear that they would have to get permission from the federal government to use their land.
Whether or not this ruling impacts Texas and the other remaining states will likely be determined
if the EPA tries to enforce the redefined rule and subject new water bodies to Clean Water Act
regulations. The case affecting Texas is pending in a Galveston court in front of Judge Hanks.
Plaintiffs have asked that the stay be lifted and an injunction be issued similarly to the one issued
by the North Dakota court.
Corpus Christi Seawater Desalination
Water stakeholders in the Corpus Christi area are working diligently to proceed with a marine
desalination project. They are currently vetting three options for potable and non-potable
projects. The first would be a pilot project for potable water to supplement the municipal water
demands in the area. This project is proposed to go online next year with the potential to expand
to a full-scale operation as early as 2017. The second proposal calls for an industrial desalination
feasibility study. This proposal has a more diverse group of public and private stakeholders.
Finally, a third option is a partnership between the General Land Office and the Seven Seas
Water Corporation. Corpus Christi has been aggressive in their planning for seawater
desalination and worked closely this past legislative session on legislation that would streamline
the permitting process. A few stakeholders in different areas along the coast have discussed
establishing pilot programs in their area but have failed to identify a way to make the financing
viable given the high cost of producing this water.
State Water Implementation Fund for Texas
(“SWIFT”)
The first round of funding from the SWIFT program will be complete by December of 2015.
This round will fund projects that were included in the 2012 State Water Plan. The Texas Water
Development Board (“TWDB”) is working on the 2017 water plan but first must approve and
adopt the 2016 regional plans developed by the regional planning groups. The regional water
planning groups must submit their final adopted regional plans to the TWDB by December 12,
2015. Projects that are included in the 2017 State Water Plan are eligible to receive funding
from the next round of SWIFT allocations. The Executive Administrator will prioritize the
abridged applications and present them to the board for approval. The TWDB is required to
identify the amount of funds available for applications by category, establish the structure of
financing, the terms of any subsidy, and consider applications according to the prioritization
criteria outlined in 31 TAC § 363.1304. Complete applications are required to be submitted no
later than 30 days after the date of the Board meeting at which the applicant’s project receives
priority for funding.
Marco Vega
August 31, 2015
Page 4
The proposed SWIFT timeline for the second round of funding is:
• 12/01/2015- Abridged application period begins for second round of funding
• 02/05/2016- Abridged application due
• Spring 2016- Board considers prioritization of abridged applications, identifies amount
of funds available by category, establishes the structure of financing and the subsidy
terms, and extends invitations to submit applications for financial assistance
• 05/07/2016- Board considers and approves applications, and authorizes TWDB bond
sale
• Fall 2016- TWDB bond sale
• Winter 2016- TWDB bond and borrowers loan closings3
Coyote Lake Ranch LLC v City of Lubbock
The Texas Supreme Court recently granted Coyote Lake Ranch’s Petition for Review. In the
case before the court, the groundwater estate was conveyed to the City of Lubbock in the 1950s.
The City recently announced its intent to develop 80 municipal water wells on Coyote Lake
Ranch land. The operators of the ranch stated that this would drastically impair its ability to
maintain its operations on the surface. The petitioners filed for review following an appellate
court ruling in Amarillo, which held that a surface estate owner could not rely on the
accommodation doctrine to project its use of the surface estate in groundwater drilling cases.
The accommodation doctrine, which is used in oil and gas law, states that subsurface mineral
owners shall reasonably accommodate the use of the surface estate when drilling and accessing
their subsurface estate interest.
The Supreme Court now has the opportunity to inject this
doctrine into groundwater law and resolve the conflict between owners of the surface and
groundwater estates. Oral arguments are set for 9am on Oct 14, 2015. The outcome of this case
and the rights established therein are critical as the demands for water in Texas continues to
grow.
Webb County Criminal Water Trials
Johnny Amaya and Luis Camacho, plant supervisors in Webb County, were indicted on criminal
charges for allegedly instructing workers to falsify records to hide water quality problems from
state regulators. The charges stem from problems with water treatment at the Rio Bravo Water
Treatment Plant. Rio Bravo and El Cenizo, communities served by this plant, have been
complaining for years about unsafe drinking water. Webb County recently constructed a $12
million plant, which they hoped would alleviate these problems. However, problems persisted
and in August of 2013 E. Coli was found in the drinking water and residents were put on notice
to boil water intended for humane use. Texas Rangers investigations led to findings that several
water plant workers allegedly tampered with government data and engaged in organized criminal
3
Information taken from a TWDB memo attached for your reference and review.
Marco Vega
August 31, 2015
Page 5
activity. Felony criminal indictments shortly followed. It is alleged that Amaya and Camacho
instructed employees to change water test results to favorable findings.
Miscellaneous
http://www.latimes.com/local/california/la-me-drought-consequences-20150901-story.html This
article highlights some problems California is experiencing in response to extreme municipal
water conservation in their state. One of the big problems they are encountering in California is
that less water is flowing through the sewer lines allowing for build up of solids in the lines that
can cause major damage to the system. In addition, there is less treated wastewater for recycling
as a result of the conservation.
Attached please find the latest water deliver report and reservoir analysis as prepared by the
TCEQ Rio Grande Watermaster.
PRIORITIES FOR RESTORE FUNDED PROJECTS
A. ECONOMIC BENEFITS
 Job Creation
 Infrastructure
 Economic Resiliency
 Impacts to Local & Regional Economy
 Tourism
 Gulf Seafood Marketing
25 Points
B. ENVIRONMENTAL BENEFITS
25 Points
 Restoration, Conservation & Preservation of Habitat
 Protects or Enhances Rare and Threatened Resources
 Replenishment & Protection of Living Coastal & Marine Resources
 Restoration & Protection of Water Quality
 Project Synergy
C. COMPREHENSIVE FACTORS
 Complements Other Projects
 Promotes Community Resiliency
 Promotes Ecological Resiliency
 Part of a Comprehensive Coastal Plan
 Recreational & Educational Uses
20 Points
D. PROJECT LOGISTICS
 Project Readiness & Planning
 Likelihood of Success
 Long-term Operation & Management
 Success Criteria & Monitoring
 Based on Best Available Science
 Cost-Effectiveness
20 Points
E. COMMUNITY ENGAGEMENT
 Public Support & Participation
 Financial Partners & Funding
20 Points
1
PRIORITIES FOR RESTORE FUNDED PROJECTS
DISCRETIONARY AUTHORITY
The final project application rankings are compiled and submitted to the
Governor and/or his designee for review and final approval. The Governor or
his designee may make changes to the project rankings upon consideration of
other discretionary factors related to protecting, preserving, restoring, or
enhancing the natural and economic resources of the Texas coast.
2
Good afternoon,
This report is for the week ending 9/05/2015.




The current cycle began on October 25, 2010.
The pro-rated deficit as of 9/05/2015 is 260,842 AF for this cycle, which
is a decrease from the 287,394 reported in the 8/22/2015 report.
During the first year of the cycle, Mexico delivered 288,309 AF, during the
second year 100,401 AF, during the third year 392,142 AF, during the
fourth year 343,898, and to date 316,463 AF for the fifth year.
The running total of deliveries for this 5-year cycle is 1,441,213 AF.
On September 5, 2015, the U.S. combined ownership at Amistad/Falcon stood at
54.38% of normal conservation capacity, impounding 1,844,365 acre-feet, up
from 38.60% (1,309,297 AF) of normal conservation a year ago at this time.
The Mexican Reservoirs report shows, as a whole, a total of 74.79% average
capacity. La Fragua is at 100.000% of normal capacity with 0.0 cms / 0 cfs
discharge to the Rio San Rodrigo and Marte Gomez is at 100.769% of normal
capacity with 9.000 cms / 318 cfs discharge to the Rio San Juan.
As of 9/05/15:
The United States has 1,146,344 AF in Amistad and 698,021 AF in Falcon.
Mexico has 638,029 AF in Amistad and 637,218 AF in Falcon.
The Amistad Reservoir is currently at:
1088.59 ft -28.41 with a release of 20.0 cms / 706 cfs
Falcon Reservoir is currently at:
282.00
ft -19.20 with a release of 5.0 cms / 177 cfs
AGENDA ITEM
5.b.
DATE SUBMITTED
MEETING DATE
10/06/2015
10/13/2015
1. Agenda Item: Authorization to write off Bad Debt of the 2nd quarter Water and
Sewer fund.
3. Nature of Request: Authorization to write of Bad debt 2nd quarter. Water fund
$5,993.84 and Sewer fund $6,086.89 for a total write off Of $12,020.73.
4. Budgeted:
Bid Amount:
Under Budget:
Budgeted Amount:
Over Budget:
Amount Remaining:
5. Reimbursement:
6. Routing:
Rodriguez, Pablo
7. Staff's Recommendation: Approval to write of Bad Debt of the 2nd quarter for
a total of $12,020.73.
AGENDA ITEM
5.c.
DATE SUBMITTED
MEETING DATE
10/06/2015
10/13/2015
1. Agenda Item: Review of McAllen Public Utility Financial Statements as of June
30, 2015
3. Nature of Request: Review of McAllen Public Utility Financial Statements as of
June 30, 2015:
Water Fund year-to-date revenue, $11,214,479, decreased slightly under the
same period of the prior year, 18% under budget, while operating expenses
year-to-date, $12,206,334, were 3% under the previous year, 13% below budget.
Sewer Fund year-to-date revenue, $11,157,254, increased 3% over the prior
year, 11% under budget, while operating expenses year-to-date, $11,004,359,
decreased 2% under the previous year, 10% below budget.
4. Budgeted:
Bid Amount:
Under Budget:
Budgeted Amount:
Over Budget:
Amount Remaining:
5. Reimbursement:
6. Routing:
Carvajal , Melba
7. Staff's Recommendation: None - item for information only
AGENDA ITEM
5.d.
DATE SUBMITTED
MEETING DATE
10/07/2015
10/13/2015
1. Agenda Item: Review and Approval of Quarterly Investment Report for the
Quarter Ending June 30, 2015
3. Nature of Request: Submitted under separate cover is the Quarterly
Investment Report for the Quarter Ending June 30, 2015 for your review and
approval. The Audit and Investment Committee met on September 16, 2015
and recommended approval of the report as presented.
4. Budgeted:
Bid Amount:
Under Budget:
Budgeted Amount:
Over Budget:
Amount Remaining:
5. Reimbursement:
6. Routing:
Carvajal , Melba
Lozano, Susan
7. Staff's Recommendation: Audit and Investment Committee recommends
report be accepted and approved.
AGENDA ITEM
6.a.
DATE SUBMITTED
MEETING DATE
10/06/2015
10/13/2015
1. Agenda Item: Consultation with City Attorney Regarding Legal Issues Related
to CCN Approval Process. (T.G.C. 551.071)
2. Party Making Request: Marco A. Vega, P.E., General Manager
3. Nature of Request: Item for Board Information and Discussion.
4. Budgeted:
Bid Amount:
Under Budget:
Budgeted Amount:
Over Budget:
Amount Remaining:
5. Reimbursement:
6. Routing:
Flatau, Nyla
7. Staff's Recommendation: Item for Board Information and Discussion.
8. City Attorney: N/A - KDP
9. MPU General Manager:
10. Director of Finance for Utilities: N/A - MDC
AGENDA ITEM
6.b.
DATE SUBMITTED
MEETING DATE
10/07/2015
10/13/2015
1. Agenda Item: Consultation with City Attorney regarding legal issues related to
Alton Sewer Agreement (T.G.C. 551.071)
3. Nature of Request:
4. Budgeted:
Bid Amount:
Under Budget:
Budgeted Amount:
Over Budget:
Amount Remaining:
5. Reimbursement:
6. Routing:
Shelton, Edith
7. Staff's Recommendation:
8. City Attorney: N/A - KDP
9. MPU General Manager:
10. Director of Finance for Utilities:

October 13, 2015 - McAllen Public Utility

Transcription

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