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HomeMy WebLinkAboutRes 01-19 Authorizing a Contract with AquaSource ServiceTOWN OF WESTLAKE RESOLUTION NO. 01-19 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT WITH AQUASOURCE SERVICES AND TECHNOLOGIES, INC. TO PROVIDE CONTRACT WATER AND WASTEWATER OPERATIONS AND BILLING SERVICES. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Board of Aldermen of the Town of Westlake does hereby authorize the Town Manager to enter into a contract with AquaSource Services and Technologies, Inc. to provide contract water and wastewater operations and billing services. SECTION 2: That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 9TH DAY OF APRIL, 2001. ATTEST: Scott Bradley, Mayor C� ZLI Ging : Crosswy, Town $Tc—re-tary Trent O. Petty, Town-Mapager APPROVED AS T��7RM: OPERATING AGREEMENT THE STATE OF TEXAS COUNTIES OF DENTON AND TARRANT THIS OPERATING AGREEMENT (the "Agreement") is made and entered into on the Ion day of ApEd , 2001, by and between the Town of Westlake (the"Town"), a general law municipality of the State of Texas, maintaining its ?9ce at Suite 207, 3 Village Circle, Westlake, Texas 76262, and AcluaSource`'r( e f-%erator" ), A 11IL45 L4rn`k° maintaining its offices at 7807 Jacksboro Hi-whway, Fort. Worth Texas 76135. �r�r-lr-refsht� For and in consideration of the mutual covenants and agreements, the pard hereto agree as follows: 1. GENERAL Sec, 1.01 Background. The Town owns, operates and maintains a water distribution system and a sanitary sewer collection and transportation system (collectively, the "Facilities") located on property within the Town and which serves areas within the Town. The Operator has employees and advisors that are qualified to perform and provide operations and maintenance services for the Town on the Facilities. Sec. 1.02 Definitions. As used herein, the following terms shall have meanings as follows: (A) "Operation" — shall mean and consist of the efficient operation of the Facilities in accordance with applicable Federal, State, and local rules, regulations, and guidelines, including: (1) the efficient distribution of water from the Town's water supply through its water distribution system, (2) the efficient collection and movement of normal sewage discharged into the Town's sewage collection system. (B) "Maintenance" -- shall mean and consist of routine and preventive maintenance efforts required to keep the Facilities operating in an efficient and economical manner and will include the monitoring, cleaning, lubrication, adjustment, and replacement or repair;' when needed, of those parts of equipment or other components which are expected to require such maintenance in the operation of facilities of the type which constitutes the Facilities. (C) "Facilities" — shall mean and consist specifically of the following: (1) Water storage and distribution system including pump stations and pressure maintenance facilities; and (2) Sanitary sewer collection system, including lift stations. (D) "Town's Representative" — shall mean the Town Manager. (E) "Basic Services" — shall mean those routine operation and maintenance functions specified in Attachment "A" to this Agreement. (F) "Extraordinary Repair and Replacement Services" — shall mean the labor, tools and equipment required for the repairs, replacement and adjustment of those parts or equipment which require replacement or repair in the Facilities, including repair or replacement of any portion of the Facilities damaged by third parties, obsolescence or other factors not within the Operator's control, including the items set forth in Attachment "B" to this Agreement. II. TERM AND TERMINATION Sec. 2.01 Commencement. The Operator hereby a rees to operate, maintain, and manage the Town's Facilities beginning on I 4k 2001, and continuing during the term defined in Sec. 2.02 hereof and on the terms and conditions stated herein. The Operator shall be considered an independent contractor and not an employee of the Town under this Agreement. Sec. 2.02 Term and Termination. This Agreement shall remain in effect for a period of one (1) year and shall continue thereafter from month to month, subject, however to termination by either party hereto at any time, without cause, by providing one hundred eighty (180) days advance written notice to the other party. The basic services, attachments and associated fees will be reviewed and revised as necessary annually subject to approval in writing of both parties on or about September 1 of each year. Provided, however, that either party may terminate this Agreement immediately for substantial failure to perform upon giving written notice as provided herein to the other party of such failure to perform and the allowance of a reasonable period for curing such nonperformance. In the event this Agreement is terminated, all billing cards, meter reading records, billing and collection forms, and any other forms or materials pertaining to the billing and collection of accounts of any customer of the Town shall be furnished by the Operator to the Town without any additional cost to the Town. In the event of termination, the Town shall pay the Operator compensation pursuant to this Agreement up to the date of termination (prorated for less than a full month, if necessary) and any unpaid expenses of the Operator incurred pursuant to this Agreement. Sec. 2.03 Termination by Third Party Action. This agreement may be immediately terminated or modified by either party in the event any statute, ordinance, regulation or act or decision of any government unit or authority shall act to significantly modify the obligations hereof or impose additional obligations on either party. Sec. 2.04 Notice of Default or Breach. If a party to this Agreement is in default or breaches the terms of this Agreement, then this shall be deemed to be an Event of Default. If an Event of Default occurs, the non -defaulting party shall give the defaulting party written notice of such Event of Default and if the defaulting party has not cured such Event of Default within sixty (60) days of said written notice, this Agreement may be terminated by the non -defaulting party; provided, however, that if such Event of Default is not reasonably susceptible of cure within such sixty (60) day period and the defaulting party has commenced and is pursuing the cure of same, the defaulting party may utilize an additional ninety (90) days. Time in addition to the foregoing one hundred and fifty (150) days may be authorized by both parties in writing. III. SCOPE OF WORK Sec. 3.01 Basic Services. During the term of this Agreement, the Operator shall perform the Basic Services set forth in Attachment "A" to this Agreement. Sec. 3.02 Extraordinary Repair or Replacement Services. During the term of this Agreement, the Operator shall perform the Extraordinary Repair and Replacement Services set forth in Attachment "B" to this Agreement. Sec. 3.03 Special Services. In addition to the Basic Services and/or the Extraordinary Repair or Replacement Services to be provided by the Operator under the terms of this Agreement, the Operator may be requested from time to time to perform special services on behalf of the Town such as conducting inventories and preparing reports in. addition to the reporting required by various regulatory agencies, and any other services requested by the Town. Any such special services shall be at the Town's expense based on estimates received from the Operator and approved in advance of the performance of the service by the Town's Representative. Sec. 3.04 Modifications of the Facilities. The Town will provide the Operator written notice of any additions, deletions or other modifications to the Facilities which are not proposed to be made by the Operator. In the event any such addition, deletion or modification amounts to a substantial change in the type or extent of the Facilities or which would materially increase the Operator's cost in performing its obligations hereunder, the Operator shall provide the Town written notice of the additional costs of operation and maintenance resulting from the proposed addition, deletion or modification. If efforts to renegotiate this Agreement to absorb any such additional operating costs are not successful, either party may terminate this Agreement upon sixty (60) days advance written notice. Sec. 3.05 Specifications and Warranties. The Town reserves the' right to select and prescribe specifications and standards for all materials and equipment to be used by the Operator in the performance of the services and obligations pursuant to this Agreement. The Operator shall use good judgment with respect to said replacement equipment and shall not be responsible to the Town for any guarantee or warranty in connection with said equipment. The Operator shall exert reasonable efforts to obtain the normal warranties or guarantees applicable in the particular industry and shall assign any such warranties or guarantees to the Town. Should said warranties or guarantees not be assigned to the Town within thirty (30) days after installation of said equipment, the Operator shall notify the Town in writing as to the reasons therefor. IV. TOWN'S DUTIES AND OBLIGATIONS Sec. 4.01 Compensation to Operator. The Operator shall receive compensation for the performance of Basic Services and its duty to operate and maintain the Facilities in a proper and workmanlike manner in accordance with Attachment "C" to this Agreement. Sec. 4.02 Additional Compensation. In addition to the compensation paid by the Town for the provision of Basic Services as specified herein, the Operator shall receive the additional compensation specified in Attachment "B" for performance of Extraordinary Repair and Replacement Services. The Operator shall not be additionally compensated for providing Basic Services, except as provided herein below. Sec. 4.03 Reimbursement for Expenses. The Town shall reimburse the Operator for any and all assessments, regulatory expenses and other charges imposed by any government unit or authority and incurred by the Operator in the discharge of its duties on behalf of the Town hereunder, within thirty (30) days of presentation of any invoice therefor. Sec. 4.04 Cost of Fines and Other Punitive Actions. The Operator shall not be responsible for any fines, citations, punitive action or costs of ordered corrective proceedings resulting from any discharges of treated, partialfy treated or untreated effluent from the Town's collection system, lift station(s) or well(s) resulting from hydraulic loading of said Town property, malfunctions of equipment, loss of electrical power or inadequacies of sewer collection, pumping or treatment facilities, unless the same is proximately caused by the Operator's negligence. Sec. 4.05 Interruption of Service. The Operator shall not be responsible for the adequacy of water and sewer supply service unless proximately caused by the Operator's negligence. The Operator will promptly notify the Town's Representative of conditions which affect supply and service to the Town's customers. The Operator will exercise due diligence to restore full service as soon as practicable. V. INSURANCE, BONDS, AND INDEMNIFICATION Sec. 5.01 Operator -Required Insurance. Upon execution of this Agreement, the Operator will furnish the Town with certificates of insurance policies from a company or companies satisfactory to the Town, evidencing: (1) Workmen's compensation and employer's liability insurance coverages; (2) Comprehensive general liability coverage, including all risks mentioned hereinafter in amounts not less than: (a) Bodily Injury (all hazards) (b) Property Damage (automobile) $100,000 per person 300,000 per occurrence 300,000 aggregate $- 50,000 per occurrence (c) Property Damage $ 50,000 per occurrence (other than automobile) 100,000 aggregate (d) Umbrella Coverage $1,000,000 excess of primary Sec. 5.02 Subcontractor's Insurance. The Operator shall obtain insurance coverage or proper certificates evidencing insurance coverage for any and all persons with whom the Operator contracts for services hereunder. Sec. 5.03 Operator's Bond. If requested by the Town, the Operator, at the Town's expense, shall give a blanket position bond to be approved by the Town with a limit of liability of $10,OODconditioned that the Operator will faithfully account for all moneyg7l/le�l which shall come into the Operator's custody under the terms of this Agreement. Such bond is to be re -executed and renewed so that such bond shall be in force and effect at all times. Sec. 5.04 Indemnification. To the extent allowed by law each party to this Agreement shall indemnify and hold the other harmless against loss or liability, including attorney's fees and court costs, for or on account of injury, death or damages resulting from any willful or negligent act or omission on such party's part or on the part of such party's agents, servants, employees or subcontractors. VI. MISCELLANEOUS PROVISIONS Sec. 6.01 Records. All billing ledgers, meter reading records, billing forms, collection forms and other forms, materials and electronic data pertaining to the billing and collection of accounts of the Town's customers as well as any record drawings, operation and maintenance manuals, and other records related to the facilities are and shall remain the property of the Town and shall be returned to the Town within thirty (30) days subsequent to the termination of this Agreement. All requests for public information shall be handled in conformance with the Public Information Act and/or the Freedom of Information Act. All such requests shall be coordinated through the Town's Representative. Sec. 6.02 Condition of Facilities. Except as provided by written notice within sixty (60) days from the date hereof, the Town represents that its Facilities are in good working condition, that there are no known material defects, and that they are suitable for the normal needs of the Town's customers and expected needs during the term hereof. Sec. 6.03 Notice of Inspections. The Operator will be informed by the Town's Representative of all final inspections conducted by any state agency of contracted jobs in a timely fashion. The Operator shall attend all such inspections. Sec. 6.04 Compliance with Law. The Operator agrees to operate the Town's Facilities in conformance with all applicable laws, rules and regulations. Sec. 6.05 Access to Facilities and Records. The Town and the Operator shall have access to the Town's Facilities at all times to make such inspections as they deem necessary or desirable to assure full compliance with the terms of this Agreement. The Town shall have the right to inspect during normal business hours all books and records of the Operator pertaining to the Town. Sec. 6.06 Inability to Perform. In the event that the Operator is rendered unable, wholly or in part, by force majeure to carry out its obligations under this Agreement, it is agreed that the Operator shall give notice and full particulars of such force majeure to the Board of Aldermen of the Town, in writing as soon as possible after the occurrence of the cause relied on and shall be thereby relieved of its obligations, so far as they are affected by force majeure, during the continuance of any inability so caused, but for no longer period. However, the Operator shall not be relieved of its duties and obligations to the extent that it reasonably can subcontract work to fulfill its duties and obligations under the terms of this Agreement. Any subcontract work pursuant to this section must first be approved in writing by the Town's Representative. The Town shall pay the cost of any work so subcontracted. In the event that the period of suspension shall exceed longer than thirty (30) days, either party shall have the right to terminate this Agreement. In this event, the Town shall pay the Operator compensation pursuant to this Agreement up to the, date of termination (prorated for less than a full month, if necessary) and unpaid expenses of the Operator incurred pursuant hereto. Sec. 6.07 Force Majeure. In the event that an, Event of Default occurs because of Force Majeure (defined below), the defaulting party shall have such additional time as is reasonably necessary after such occurrence abates or the .effects thereof have dissipated to complete the performance and, provided, that the defaulting party is diligently and faithfully pursuing the completion of performance, in the event of such occurrence, the defaulting parties failure to meet the condition set forth in this Agreement shall not be grounds for termination of same. The term "Force Majeure" means without limitation, acts of God, or the public enemy, war, riot, civil commotion, insurrection, fire, explosions, floods, tornadoes or high wind events, and strikes. Sec. 6.08 Other Contracts. It is further expressly understood and agreed by the parties hereto that execution of this Agreement does not and will not prohibit the Operator from contracting with entities other than the Town; provided, however, that such other contracts shall not interfere with the proper performance of ,the Operator's duties, express and implied hereunder. Sec. 6.09 Assignability. This Agreement may not be assigned in whole or in part by either party without the prior consent of the other party. Sec. 6.10 Required Notices. Any and all notices required hereunder shall be given at the addresses above or other address of record by certified or registered mail, return receipt requested, and shall be deemed to be given upon deposit in the United States mails, postage prepaid. Sec. 6.11 Multiple Originals. nals. This Agreement is executed in multiple originals_ Sec. 6.12 Severability- In the event this Agreement or any part hereof is held to be invalid, illegal or unenforceable, the remaining provisions, to the extent possible, shall be of full force and effect. Sec. 6.13 Amendment. No alteration, modification or amendment of this Agreement shall be made except by written instrument duly signed by the parties 'hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be in multiple original counterparts as of the date first herein above written. Dl�(AV 8�[trZ 1...�\�C�� Y Y w i A.C�v P�Si�cJ'I2,� 'S �✓� V�G�SI L• P. ATTEST: By: ".AJ Name: D Title: ke eA.. M P<N k6EP, . ATTACHMENT "A" BASIC SERVICES OPERATION AND MAINTENANCE SERVICES During the term of the Agreement by and between the Operator and the Town, the Operator shall perform the following operation and maintenance services: The Operator shall operate and maintain the Facilities (as defined in the Agreement) in a proper and workmanlike manner. The Operator agrees to operate and maintain the Facilities in conformance with all applicable laws, rules and regulations. 2. On Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., the Operator shall have available at least one fully qualified and competent operator to operate and maintain the Facilities (hereinafter the "Assigned Operator"). The person(s) so provided shall have a qualification of "C" or higher. The Assigned Operator shall provide all tools, equipment, transportation, and labor necessary for the operation and maintenance of the Facilities in an efficient and prudent business -like manner. The Operator will promptly respond to calls from the Town for operational and service issues as each situation dictates. It is expected that the operator's maximum response time will not exceed one (1) hour unless the conditions related to the call are non -emergency in nature, and would allow a longer response without extending service outages or inconveniencing customers. 1 A principal of the Operator and/or the Assigned Operator of the Town's Facilities shall attend scheduled meetings of the Town as required by the Board of Directors and shall provide a condensed, written monthly operating report to the Board of Aldermen of the Town, which shall include at least the following information: (a) Any abnormal change in the condition of the Town's equipment, needed repairs and recommendations' as to .the repair or replacement of such equipment; (b) Any damage to the Facilities and the possible causes thereof. (c) A summary accounting of the volume of water supplied to the Town, billed to customers, and consumed for other purposes. (d) The number of taps performed and the size and location thereof during the billing period. (e) The sum of money received from the Town's customers for water and sewer services, tap fees, inspection fees, deposits, backeharge collections and any other receivable income. (f) A report on whether any proposed or final utility service disconnections, customer statements or delinquencies in payment have been protested and appealed to the Town by the Town's customers, including a full explanation of the circumstances in connection with such protest or appeal; and (g) Copies of monthly testing reports, if requested by the Town. 4. In the discharge of its ongoing duties to operate and maintain the Town's facilities hereunder, the Assigned Operator shall provide the following services: (a) Dispense any. and all chemicals and dispensing or vending equipment as may be owned, purchased or provided by the Town; (b) Lubricate pumps, motors and related equipment, and the normal packing of pumps, utilizing lubricants and packing materials specified in the operating manuals for such equipment; (c) Adjust valves as required to maintain proper operation of the Facilities (cost for required location, repair and/or construction of valves to be borne by the Town); (d) Inspect belts and couplings to insure safe and proper operation, and replace as required at the Town's expense; (e) Change flow recorder charts on a frequency consistent with the recording interval and replace burned -out light bulbs; (f) Observe the normal operation of pumps and other primary rotating equipment for balanced run time, and to detect abnormalities (i.e., excessive heat or vibration). (g) Inspect ground and elevated water storage tanks for proper levels and emergency stand-by engines and generators, where applicable, for proper operations at each operating visit; (h) Provide a twenty-four (24) hour telephone answering service, or equivalent channel of communication with the Town and its customers, with licensed operator "on call" for emergencies. (i) Inspect the Town's Facilities at least once each day, including weekends. Such inspection shall include a visual examination of all facilities, recording of flow measurements, time of inspection and other operating data, including equipment malfunctions and shut -downs. The cost of weekend inspections shall be included in the monthly fee for Basic Services. 5. All of the operation and maintenance services set forth in paragraph 4 above shall be performed under the direct supervision of operating personnel duly licensed or certified by those regulatory agencies exercising authority over the Town and whose requirements or regulations require such licensing or certification. 6. The Operator's operation and maintenance services shall be for labor only to accomplish the duties set forth and agreed upon in this Agreement and shall not be construed to include the following: (a) Supplies for the Facilities such as chlorine; (b) Payment of utility bills for the Facilities; (c) Repairs and repair materials for water linelsewer line breaks or stoppages; (d) Repair of worn or defective meters and broken meter boxes; (e) Major replacement of or repairs to equipment such as pumps, motors, blowers and chlorinators; (f) Laboratory charges for tests and analyses. 7. It is expressly understood and agreed that the monthly fee paid to the Operator for Basic Services includes ordinary day-to-day operational labor, repairs, lubrication and preventive maintenance to all equipment and structures comprising the Facilities and also includes recording work and the preparation of all required reports. In addition, the monthly fee for Basic Services, shall include, but shall not be limited to all expenses incurred by the Operator for photocopies, postage, statements, flow charts, ink, containers or any other office supplies. 8. The Operator will: (a) prepare and provide copies of a written preventive maintenance program to the Board of Aldermen of the Town; (b) maintain on-going records for all the Board of Aldermen of the Town. 9. There shall be no additional charge for the investigation of call-in water and sanitary sewer system problems if done during normal working hours or for hanging cut-off notices on the doors of Town customers. 10. The Operator shall collect and submit for testing and analysis those water samples as and in the manner required by statute„ regulations or regulatory agencies. 11. The Operator shall maintain at each of the Town's Facilities a maintenance schedule and log of conditions found and action taken at each location. 12. The Operator shall maintain all reports required by regulatory agencies and provide copies to the Board of Aldermen at each monthly meeting of the Board of Aldermen. 13. The Operator shall maintain the Town's water facilities and lift station sites, including grass mowing, edging, trimming and the cleaning of buildings, equipment and driveways as required to maintain a good appearance. Operator shall also inspect all perimeter fencing of the Facilities for security on a weekly basis. 14. The Operator shall flush the Town's water distribution system as required to maintain cleanliness and water quality. All lines shall be flushed at least one (1) time per year. All flushing valves and fire hydrants shall be checked for proper operation, and shall be greased at the time of flushing. 15. The Operator shall make a weekly routine water distribution system inspection to check for leaks and broken or damaged meter boxes. A report of such inspections shall be presented at each monthly meeting of the Board of Directors. 16. The Operator shall collect deposits, read meters as customers move in or out and/or turn off service as specified in the Town's applicable Rate Order and as set forth in Section II hereof. 17. The Operator shall provide administrative assistance to the Towns and, as directed, represent the Town at local meetings with regulatory agencies or as required to respond to requests for information from governmental agencies, maintain records, advise the Town of any new rules, regulations or trends pertaining to operations and handle all insurance claims filed on behalf of the Town in connection with the Facilities. 18. The Operator shall maintain a neat appearance of the Town's equipment through touch-up painting of pumps, piping and fire hydrants; provided. However, such touch-up painting shall not include (a) the total painting of major pieces of equipment and (b) the Operator shall be authorized to invoice the Town for additional labor costs if the touch-up painting cannot be done safely by one (1) person. 19. The Operator shall notify the Town, in writing, of any maintenance or repairs which need to be made to protect the integrity of the Town's Facilities as soon as such maintenance or repair needs are discovered. 20. The Operator shall render the Town all reasonable assistance in the promotion of good relations with the Town's customers. 21. The Operator shall routinely order and arrange for delivery of inventory items, expendable supplies and other necessary materials to maintain and operate the Facilities. Il. BILLING AND COLLECTION SERVICES During the terms of this Agreement, the Operator shall provide the following billing and collection services: 1. The Operator agrees to deposit all sums of money received from water and sewer services in the bank designated by the Town to the credit of that account on a weekly basis. The Operator recognizes that all such monies shall be deposited as provided herein in the named account without offset, counterclaim, abatement, suspension or diminution. 2. The Operator shall cooperate with the Town in the preparation of rate schedules and reports required to be filed with any governmental agency, and reasonable statistics relating to the Town's property and operation thereof. 3., The Operator shall read all meters served by the Town's waterworks system once each month and will provide monthly billing and collection services to the Town for water and sewer services charged to customers of the Town. Each monthly bill shall include the date the meter was read. The billing and collection services provided by the Operator shall include the builders tap and inspection fee as specified in the Town's applicable Rate Order. 4. The Operator will submit five (5) days before the end of the month to the Town's bookkeeper and designated members of the Board of Aldermen, a statement reflecting charges for the previous month as per the Agreement. Such statement, provided that it is submitted five (5) days before the end of each month, shall be due and payable by the Town within thirty (30) days from the date of receipt by the Town. 5. The Operator shall respond to all Town customer requests and inquiries regarding the billing of accounts, verifications, water quality complaints, service interruptions and questions related to the billing for water and sewer services. ATTATCHMENT "B" EXTRAORDINARY REPAIR OR REPLACEMENT SERVICES During the term of the Agreement by and between the Operator and the Town, the Operator shall perform the following services at the rates set forth in Attachment "C": The Operator shall provide Extraordinary Repair and Replacement Services, as defined in the Agreement, when necessitated, provided that the Operator shall obtain advance approval from the Town's Representative before providing any parts, equipment or extraordinary repair or replacement with an estimated cost exceeding $2,000, and unless caused by the Operator's negligence. The Operator shall be additionally compensated therefor in accordance with the provisions herein. In the event that a repair or replacement is urgently necessary to prevent damage to life or property and if the Operator has diligently attempted to contact the Town's Representative in advance, the Operator shall use its best efforts to minimize the cost thereof and provide that the Operator contacts the Town.'s Representative at the earliest possible opportunity thereafter. Such repair or replacement and the charges for parts and equipment so utilized shall be at the Town's expense unless caused by Operator's negligence. 2. Upon request by the Town's Representative the Operator will assist in the preparation of specifications for extraordinary repair and replacement items, and other contract services as required, with assistance from the Town's Engineer if necessary, and obtain a minimum of three (3) bids for such work estimated to cost in excess of $10,000. Reimbursement for this function will be included in the monthly fee for Basic Services. 3. The Operator agrees to make each tap for water service (residences) into the Town's line as designated by the Town and provide and install service line, fittings, meter box, meter and appurtenances in accordance with all applicable Town standards and approved plans. if not vested in the Town, all such materials shall become the property of the Town. The Operator will make all taps on the Town's water lines and set meter service unless the Town enters into a separate contract for such services, the taps and services are provided by the developer or site contractor. Compensation for each size and type per approved rate schedule. 4. The Operator agrees that upon inspection, it will approve sewer taps only if they are made at the proper location and in accordance with the Town's Rules and Regulations. 5. It is understood that the Operator will provide replacement equipment for which it is responsible pursuant to this Agreement. The cost of such replacement equipment shall be borne by the Town except in instances where such replacement is necessary as a result of the Operator's negligence. The Operator shall use good judgment with respect to said replacement equipment, but shall not be responsible to the Town for any guarantee or warranty in connection with said equipment. The Operator shall exert reasonable efforts to obtain the normal warranties and guarantees applicable to the particular industry and shall assign such warranties and guarantees to the Town. 6. The Town may pay invoices in excess of $2,500 directly by advising the Operator at the time the expense is incurred that the Town desires to be billed directly for such expense, in which case, no mark-up cost shall be billed to the Town by the Operator. 7. , Labor hours shall be determined by the amount of time workmen are on the job site, plus time in transit from the Operator's yard or the Operator's last job site direct, including any stop-over(s) to pick up equipment or materials. The return trip from the job site to the Operator's yard is not to be included or charged to the Town. The time charged for the use of a backhoe or any other equipment shall not include time to or from the Operator's yard. Labor hours shall not include lunch periods or any break for personal business. 8. The Operator may subcontract such of its work hereunder as may, in the Operators opinion, be desirable. The Operator, however, shall provide the Town with a list of the subcontractors normally hired by the Operator and shall update, and revise such list no less often that annually. The Operator further shall require that any subcontractor hired by it shall carry the same insurance coverage specified in Section 5.01 of the Agreement or the Operator shall provide that such subcontractor is insured under the Operator's insurance. Reimbursement to the Operator for subcontracted services will be as set forth in Section 6.06 of the Agreement. 2. Tap Fees Water Connection Existing Meter Size * Service tine 314" 1" $ 140.00 200.00 1112A $ 250.00 2" $ 400.00 3. Miscellaneous Fees Account transfer Service disconnect Service Reconnect New water and sewer inspection Addeundum #I Meter Reading, Billinci & Collection $ 300.00 PROPOSAL. FORM 1. Monthly Compensation $ 900.00 Number of Meters $ - -1.5.Q0.00 _ (Regardless of Size) Basic Services $ 0 to 50 meters $ 2,500.00 /month 51 to 250 meters $ 3,000.00 /month 251 to 500 meters $__ 3,500.00 /month 501 to 750 meters $ 4, 000_-0 0 /month 750 to 1,000 meters $ 5,000-00 /month 2. Tap Fees Water Connection Existing Meter Size * Service tine 314" 1" $ 140.00 200.00 1112A $ 250.00 2" $ 400.00 3. Miscellaneous Fees Account transfer Service disconnect Service Reconnect New water and sewer inspection Addeundum #I Meter Reading, Billinci & Collection $ 300.00 /month $ 900.00 /month $ - -1.5.Q0.00 /month $ 1,875-00 /month $- 2,500.00 /month New Service (Short Tap Only) Unimproved Surface_ Improved Surface Per Specific Per Specific $ auotat,,; on $.(?uctation $ IT 11 $ li a $ -07 _ ... per account $ 25.00 per account $ 25.00 per account 50.00 per inspection * Standard manual read meters. 230-04,10 -Proposal-2 42119101 4. Labor S Equipment Operator, °(with service truck) Skilled Taborer Unskilled laborer Grew leader Equipment operator Supervisor Backhoe w/ truck & trailer Dump truck Tapping machine Boring machine Camera equipment Sewer jet machine Addeundum #1 Per Specific $-Quotation,_., Per Specific Mark up: External -services, supplies, materials -and subcontractors are proposed to be billed at cost plus 15%. 230-04,10 Proposal . 3 02/19101 Hourly Rakes Regular Overtime $ 28.00 $ 39.0 $__16.00 $ 24.00 $___16.00 $ 24.00 $ 40.00 $ 60.00 $ 40.00 $ 60.00 $ 50.00 $ 75.00 $ 45".00 $_ 45.00 $ 20.00 $ 20.00 t 10 -no a 1rn nn Per Specific $-Quotation,_., Per Specific Mark up: External -services, supplies, materials -and subcontractors are proposed to be billed at cost plus 15%. 230-04,10 Proposal . 3 02/19101 The right is reserved, as the interest of the OWNER may require, to award a contract or contracts, for this project to the Qualified low bidder or bidders, or to reject any and all bids and to waive any informality in the bids received. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. lige undersigned bidder hereby acknowledges receipt of the following agenda to the Contract Documents. Addendum No. I f3aWZIIg o4.eceivcd 2/19/01 G 3:26 pm By Darryl Waldock Addendum No. 2 Dated Received Addendum No. 3 Dated - Received Addendum No. 4 Dated Received This is a proposal ofvaN50 act- .�e.�Vi 9c e Sou rca- i T"C- or a par nersbip, consisting of,�50yf IM Scat Aurhorizauon aCorpor2is'a (Title) I i 102 B r I+Woo,t c F2�4— 1r. (Street Address) ` - -77c4 (City and State) � 33`)E3 Crckphanc Number) (Fax z< umber) 230-04.10 Proposal - 4 January 2001 May 27, 2004 Daryl Waldock Area Manager AquaSource Services, LP 9450 Silver Creek Road Fort Worth, Texas 76108 Re: Town of Westlake Public Works Assumption of Meter Reading/Billing and Collection Responsibilities From AquaSource Dear Daryl: As agreed, the Town of Westlake is hereby notifying AquaSource that effective June 27, 2004 the Town of Westlake will relieve AquaSource of the meter reading, billing and collection contractual duties and responsibilities identified in the attachments of the "Operating Agreement" executed April 10, 2001; therefore the contract will be terminated in whole. Please indicate below your acceptance of this notification effective June 27, 2004 RW -W AOFiC AC NANA Please call if you have any questions. Thank You, Trent Petty Enclosure: Town of Westlake-AquaSource contract attachments W, r: �, V I. 2650 JT Ottinger Road Westlake, Texas 76262 Metro: 817-430-0941 ~ Fax: 817-430-1812 - www.westlake-tx.org