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
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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.
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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