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AGENDA
MEETING OF THE
SAN ANTONIO WATER SYSTEM
BOARD OF TRUSTEES
Tuesday, January 16, 2001
8:30 A.M.
1. MEETING CALLED TO ORDER.
2. Announcement. The San Antonio Water System Board of Trustees will hold an executive session pursuant to the Texas Open Meetings Act, codified as Chapter 551, Texas Government Code which permits closed meetings for purposes of consulting with its attorneys; deliberating about real property, gifts and donations, personnel matters and security devices. The Board may, at any time during the Regular Meeting, hold an executive session to discuss any of the items to be considered during the Regular Meeting.
3. Minutes.
A. Approval of the Minutes of the San Antonio Water System Board of Trustees Regular Meeting of December 19, 2000 and of the Special Meeting of January 2, 2001.
4. Ceremonial Items.
No items for this Meeting.
5. Citizens to Be Heard.
SAN ANTONIO WATER SYSTEM
HANDICAPPED ACCESSIBILITY STATEMENT
The San Antonio Water System building and meeting room are handicapped accessible. An entry ramp is located on the Commerce Street side of the building. Deaf persons must request an interpreter 72 hours prior to the scheduled meeting. Call the Executive Assistant at 7486 or 704-1852/TDD, for assistance.
2 A. Management Services.
B. Property Planning. C. Communications. D. Water Resources.
CONSENT AGENDA ITEMS
Items 7 – 20ITEMS CONCERNING THE PURCHASE OF EQUIPMENT, MATERIALS AND SUPPLIES.
7. A Resolution accepting recommendations regarding the contracting for certain services, equipment, materials, and supplies, and authorizing the acceptance of bids as follows: (ROGER HALL)
A. Award of Contracts for the Purchase of Materials, Equipment and Services. 1. Acceptance of the bid of DMD Roots Division Dresser Equipment
Group, Inc., to provide: Roots 1833 RAS Blower, Bid No. 00-1103 for a total of $74,098.
2. Acceptance of the bid of CIES, Inc., to provide: Recondition of Cleaver Brooks Boiler #3 for Leon Creek Water Recycling Center, Bid No. 00-1101 for a total of $25,886.
B. Award of Annual Service and Supply Contracts. Estimated annual purchases are based on unit prices bid. Actual totals may vary from estimate.
1. Acceptance of the bid of Salt Exchange, Inc., to provide: Salt-Water Softener, Bid No. 99-0257 for a total of $40,000.
2. Acceptance of the bid of Niagara Conservation to provide: Low Flow Faucet Aerators, Bid No. 00-0892 for a total of $13,050.
3. Acceptance of the bid of Air Kon Service, Inc., to provide: Materials and Labor to Maintain Heating and Air Conditioning System at SAWS Locations, Bid No. 00-0117 for a total of $117,500.
(WBE) 4. Acceptance of the bid of Tire Doctor, Inc., to provide: New Tires, Tubes and Repair Service and Tire Recapping, Retreading and Repair Service, Bid No 96-0287 for a total of $60,000.
5. Acceptance of the bid of Armored Transport Texas, Inc., to provide: Armored Car Services, Bid No. 97-0294 for a total of $45,000.
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C. Authorization to Utilize the City of San Antonio's Competitive Bidding Process for Annual Contracts. Estimated annual purchases are based on unit prices bid. Actual totals may vary from estimate.
No items for this Meeting.
D. Authorization to Utilize the City of San Antonio's Competitive Bidding Process for Biennial Contracts. Estimated annual purchases are based on unit prices bid. Actual totals may vary from estimate.
No items for this Meeting.
E. Award of Biennial Service and Supply Contracts. Estimated annual purchases are based on unit prices bid. Actual totals may vary from estimate.
No items for this Meeting.
ITEMS CONCERNING CAPITAL IMPROVEMENT CONTRACTS Extensions and Improvements
8. A Resolution approving the request of Guadalupe G. Garcia and daughter Roseanna G. Garcia of 18445 Southton Road for water service under the System’s Hardship Extension Policy and authorizing the President/Chief Executive Officer to execute a Mechanic’s Lien Contract with Guadalupe G. Garcia and daughter Roseanna G. Garcia, to secure a Promissory Note. (RON GRAF)
9. A Resolution approving Recapitulation Change Order No. 5 in the decreased amount of $100,980.93 to the construction contract with Kinsel Industries, Inc., in connection with the Camelot/Park Village Sanitary Sewer Rehabilitation Phase II Project, returning the amount of $100,980.93 and the construction contingency balance of $187,115.64 for a total amount of $288,096.57 to the Project Fund, and authorizing the President/Chief Executive Officer to execute Recapitulation Change Order No. 5 and to close the contract with Kinsel Industries, Inc. (RON GRAF)
10. A Resolution approving Recapitulation Change Order No. 2 in the decreased amount of $59,281.86 to the construction contract with Fierro Industries, Inc., in connection with the Loma Terrace and Culebra Park Water Main Replacement Project, returning the amount of $59,281.86 and the construction contingency balance of $77,202.65 for a total amount of $136,484.51 to the Project Fund, and authorizing the President/Chief Executive Officer to execute Recapitulation Change Order No. 2 and to close the contract with Fierro Industries, Inc. (RON GRAF)
11. A Resolution approving Recapitulation Change Order No. 6 in the decreased amount of $405,201.97 to the construction contract with Fuquay, Inc., in connection with the Pecan Valley Water and Sewer Main Replacement No. 2 Project, returning the amount
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of $405,201.97 and the construction contingency balance of $83,450.77 for a total amount of $488,652.74 to the Project Fund, and authorizing the President/Chief Executive Officer to execute Recapitulation Change Order No. 6 and to close the contract with Fuquay, Inc. (RON GRAF)
12. A Resolution approving Recapitulation Change Order No. 3 resulting in a reduction to the project cost in the amount of $58,746.75 from the construction contract with Triple H Contracting, Inc., in connection with the Water Recycling Program, Leon Creek Segment, Part 3, Projects 2 and 4, authorizing the President/Chief Executive Officer to execute the Recapitulation Change Order No. 3 to reduce the payments owed to Triple H Contracting, Inc., by the amount of $58,746.75 and authorizing the return of $58,746.75 from the contract to the System’s Project Fund and closing of the contract. (JERRY BERRY)
Production, Transmission, Water Recycling, Agricultural Conservation and Treatment Improvements
13. A Resolution ratifying the actions of the President/Chief Executive Officer in authorizing Change Order No. 1 and authorizing payment in the amount of $197,300 to Holloman Construction, Inc., in connection with the Redland Road Water Transmission Main Project, amending Resolution No. 00-208 by increasing the authorization of the construction contingency fund by $110,000 for a total construction contingency fund amounting to $221,000, authorizing that the additional amount of $110,000 be made available from the System’s Project Fund for the additional construction contingency expenses for the additional project work, authorizing the expenditure of funds in the amount of $197,300 for the additional project work associated with Change Order No. 1 from the construction contingency fund and authorizing the President/Chief Executive Officer to pay to Holloman Construction, Inc., the amount of $197,300 for the additional project work.
(RON GRAF)
Governmental Relocations and Replacements
14. A Resolution authorizing the expenditure of funds in the amount of $78,065.70 for the replacement and adjustment of sewer and water facilities by the City of San Antonio in connection with the Indianola: Garfield Alley-Camargo Project, authorizing construction contingency expenses in an amount not to exceed $11,934.30 for the project work, authorizing that an amount not to exceed $45,000 be made available and expended from the System’s Renewal and Replacement Fund for the sewer project work and related contingencies, authorizing that an amount not to exceed $45,000 be made available and expended from the System’s Renewal and Replacement Fund for the water project work and related contingencies and authorizing the President/Chief Executive Officer to pay to the City of San Antonio an amount not to exceed $90,000 for the project work and related contingencies. (RON GRAF)
15. A Resolution authorizing the expenditure of funds in the amount of $238,456.30 for the replacement and adjustment of sewer and water facilities by the City of San Antonio in connection with the Monterrey: 36th Street to San Joaquin Project, authorizing construction contingency expenses in an amount not to exceed $24,543.70 for the project work, authorizing that an amount not to exceed $153,000 be made available and
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expended from the System’s Renewal and Replacement Fund for the sewer project work and related contingencies, authorizing that an amount not to exceed $110,000 be made available and expended from the System’s Renewal and Replacement Fund for the water project work and related contingencies and authorizing the President/Chief Executive Officer to pay to the City of San Antonio an amount not to exceed $263,000 for the project work and related contingencies. (RON GRAF)
ITEMS CONCERNING PROFESSIONAL SERVICES
16. A Resolution authorizing additional funds in an amount not to exceed $734 to S. M. Galindo Engineers, Inc./Bury & Pittman, Inc., Joint Venture for engineering services in connection with the Water Recycling Program, Salado Creek Segment, Part 4, amending Resolution No. 96-253 by authorizing the additional expenditure of funds in an amount not to exceed $734 for additional engineering services, authorizing additional funds in an amount not to exceed $734 from the System’s Project Fund for additional engineering services and authorizing the President/Chief Executive Officer to pay to S. M. Galindo Engineers , Inc./Bury & Pittman, Inc., Joint Venture an additional amount not to exceed $734 for these additional engineering services. (JERRY BERRY)
17. A Resolution authorizing an amendment to the existing professional services agreement with Chiang, Patel & Yerby, Inc., in an amount not to exceed $206,000 for engineering services in connection with the Recycled Water Interbranch Connection Project, authorizing additional funds in an amount not to exceed $206,000 for the System’s Project Fund for engineering services, further amending Resolution No. 98-342 by authorizing the additional expenditure of funds in an amount not to exceed $206,000 for additional engineering services, authorizing additional funds in an amount not to exceed $206,000 from the System’s Project Fund for additional engineering services, authorizing the President/Chief Executive Officer to execute an amendment to the professional services agreement with Chiang, Patel & Yerby, Inc., and to pay to Chiang, Patel & Yerby, Inc., an additional amount not to exceed $206,000 for these additional engineering services. (JERRY BERRY)
ITEMS CONCERNING MISCELLANEOUS CONTRACTS
18. A Resolution accepting the proposal of Southwest Engineers in an amount not to exceed $192,000 annually for the purchase of a Water Chemical Treatment Program, awarding a three year contract with a two year renewal option in an amount not to exceed $192,000 annually to Southwest Engineers for the purchase of a Water Chemical Treatment Program, authorizing the expenditure of funds in an amount not to exceed $192,000 annually for the term of the contract from the System’s Project Fund for the purchase of a Water Chemical Treatment Program and authorizing the
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President/Chief Executive Officer to execute a contract with Southwest Engineers and to pay to Southwest Engineers an amount not to exceed $192,000 annually for the term of the contract for the purchase of a Water Chemical Treatment Program. (GUS GONZALEZ)
19. A Resolution approving a groundwater lease agreement between the San Antonio Water System and the San Antonio Metropolitan Youth Soccer Institute located off Maske Road in Guadalupe County, Texas in the amount of $90 per acre foot of water for an amount not to exceed 110 acre feet of water per year for an initial period of five years and authorizing the President/Chief Executive Officer to negotiate the terms of the agreement and to execute the groundwater lease agreement and any other legal documents necessary to effect the agreement.
(REBECCA CEDILLO)
20. A Resolution accepting the proposal of Bladerunner Farms, Inc., in the amount of $367,500 for the industrial, horticultural or agricultural use of the buffer zone properties of the System’s Water Recycling Centers, authorizing the use of the buffer zone properties of the System’s Water Recycling Centers for industrial, horticultural or agricultural purposes, authorizing a contract with Bladerunner Farms, Inc., which provides that Bladerunner Farms, Inc., shall pay the System the sum of $367,500 for the industrial, horticultural or agricultural use of the buffer zone properties of the System’s Water Recycling Centers and authorizing the President/Chief Executive Officer to negotiate the terms of and enter into a contract with Bladerunner Farms, Inc., for the industrial, horticultural or agricultural use of the buffer zone properties of the System’s Water Recycling Centers. (BOB REEVES)
“ B “ SESSION DELIBERATION
21. Briefing, discussion and deliberation on the implementation strategy for opportunities identified in the Carter Burgess Operational Review.
(CARTER BURGESS)
ITEMS FOR INDIVIDUAL CONSIDERATION
22. A Resolution approving the amendment of the Annual Budget for the Fiscal Year ending May 31, 2001 and directing the President/Chief Executive Officer to provide notification of such amendments to the San Antonio City Council.
(RALPH HUBER)
23. A Resolution amending the Calendar Year 2000 Capital Improvements Program by $24.8 million and adopting and approving the Calendar Year 2001 Capital Improvements Program totaling $181 million. (RON GRAF)
24. A Resolution accepting the bid of Cherokee Construction Inc., in the amount of $3,390,000 for the construction of the Turtle Creek Pump Station No. 2 Improvements Project, awarding a construction contract to Cherokee Construction Inc., in the amount of $3,390,000 for the project work, authorizing the expenditure of funds in the amount of $3,390,000 for the project work, authorizing construction contingency expenses in an amount not to exceed $339,000 for the project work, authorizing total expenditures
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in an amount not to exceed $3,729,000 from the System’s Project Fund for the project work and construction contingency expenses and authorizing the President/Chief Executive Officer to execute a contract with Cherokee Construction Inc., and to pay to Cherokee Construction Inc., the amount of $3,390,000 for the project work. (RON GRAF)
25. A Resolution accepting the proposal of Black and Veatch Corporation in an amount not to exceed $2,416,680 to provide program management and preliminary design services to the System in connection with the Aquifer Storage and Recovery Integration Program, awarding a professional services contract to Black and Veatch Corporation in an amount not to exceed $2,416,680 for program management and preliminary design services in connection with the Program, authorizing the expenditure of funds in the amount of $2,416,680 from the System’s Project Fund for program management and preliminary design services in connection with the Program and authorizing the President/Chief Executive Officer to execute a professional services contract with Black and Veatch Corporation and to pay to Black and Veatch Corporation an amount not to exceed $2,416,680 for program management and preliminary design services in connection with the Program. (RON GRAF)
26. A Resolution approving a professional services contract with Bracewell & Patterson, L.L.P., for federal legislative consultant services for a period of one year from January 16, 2001 with the possibility of one extension of two years, authorizing the expenditure of funds in the amount of $156,000 from the System Fund for the federal legislative consultant services, authorizing the President/Chief Executive Officer to execute a contract with Bracewell and Patterson, L.L.P., for the federal legislative consultant services and authorizing the President/Chief Executive Officer to pay to Bracewell and Patterson, L.L.P., an amount not to exceed $156,000 for the federal legislative consultant services. (ANDREW SMITH)
27. A Resolution approving the Trinity Aquifer Policy. (REBECCA CEDILLO)
28. Briefing Session.
No items for this Meeting.
29. Chairman of the Board's Initiative.
30. President/Chief Executive Officer’s Report. 31. Citizens to be Heard.
32. Inquiries.
33. The Regular Session of the January 16, 2001 meeting is hereby recessed to hold an executive session for purposes of consulting with its attorneys and deliberating about real property and personnel matters pursuant to the applicable sections of the Texas
8 Open Meetings Act.
34. Executive Session.
A. Consultation with attorneys regarding legal issues relating to and deliberation relating to the status of Cause No. 2000-CI-05794, City of San Antonio acting by and through its San Antonio Water System v. Hayden Ranch and Development Corporation and Cause No. 2000-CI-05794, Hayden Ranch and Development Corporation v. City of San Antonio. (RUSS JOHNSON)
B. Consultation with attorneys regarding legal issues relating to and deliberation relating to pending or contemplated litigation regarding the value of real property and water rights; and deliberation regarding pending or contemplated litigation regarding the value of real property and water rights.
(KATHERINE CAHILL)
C. Consultation with attorneys regarding legal issues relating to and deliberation relating to pending or contemplated litigation regarding the acquisition of certain real property through the exercise of eminent domain for public purposes. Such real properties are as follows: (KATHERINE CAHILL)
1. A 4.77 acre tract more particularly described as follows:
Lots 10, 11, 12, 13, 14, and 15, Block 1 of Lakeside Acres, Bexar County, Texas, records in Volume 4080, Page 202 and the remaining portions of Lots 10, 11, 12, 13, 14 and 15, Block 13 of Lakeside Acres Unit 2, Bexar County, Texas, recorded in Volume 5035, Page 587-591 both recorded in the Deed and Plat Records of Bexar County, Texas. Such real property is located on IH-10 West towards Boerne, Texas.
2. A 1.063 acre tract of land being more particularly described as follows: 1.063 acres (46,302s.f.) of land lying in the Jose A. De La Garza Grant, Abstract 3, Bexar County, Texas, same being a portion of a 95.645 acre tract of land described in Volume 6625, Page 1855 Real Property Records of Bexar County, Texas, same also being a portion of Lots 1 and 2 of the Boerne Vista Development Company, Subdivision as recorded in Volume 980, Page 187, Map and Plat Records of Bexar County, Texas.
D. Consultation with attorneys regarding legal issues and deliberation relating to acquisition of water and sewer utility systems and further deliberation regarding the purchase and value of water and sewer utility systems’ real property and appurtenances. (RUBEN BARRERA)
E. Consultation with attorneys regarding legal issues and deliberation relating to the proposed Edwards Aquifer Authority rules and regulations.
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F. Consultation with attorneys regarding legal issues and deliberation relating to existing and/or possible contracts for the acquisition of real property and/or water rights and deliberation regarding the purchase, exchange, lease or value of real property and/or water rights. (RUSS JOHNSON)
G. Consultation with attorneys regarding legal issues relating to the procedures for identifying and screening qualified candidates for executive staff positions, including an interim and permanent President/Chief Executive Officer for the San Antonio Water System and engagement of a professional search firm, as well as consultation with attorneys regarding legal issues related to and deliberation regarding the appointment, employment and duties of executive staff positions, including an interim and permanent President/Chief Executive Officer for the San Antonio Water System.
35. The Regular Session of the meeting of January 16, 2001 is hereby reconvened.
36. A Resolution authorizing settlement of the litigation filed by the City of San Antonio acting by and through its San Antonio Water System against Hayden Ranch and Development Corporation in order to obtain performance by Hayden Ranch and Development Corporation under an Option Agreement and Purchase Agreement to convey to the City of San Antonio for the benefit of its San Antonio Water System approximately 1,127.82 acres of land located in Bexar County and Wilson County, Texas, for use by the System for its Aquifer Storage and Recovery Project, approving the Settlement Agreement between the System and Hayden Ranch and Development Corporation and the System’s financial obligation under the terms of the Settlement Agreement, authorizing the President/Chief Executive Officer to execute any necessary documents in order to finalize the settlement of the litigation and to request Ticor Title Company to release and pay to Hayden Ranch and Development Corporation the sum of $2,250,700 which is currently in escrow with Ticor Title Company for the purchase of the land pursuant to the terms of the Settlement Agreement. (RUSS JOHNSON)
37. A Resolution requesting the San Antonio City Council adopt an Ordinance declaring a public necessity for the acquisition through the exercise of eminent domain of certain parcels of property and/or easements thereon, to wit: a 4.77 acre tract of land, more or less, out of Lots 10, 11, 12, 13, 14 and 15, Block 1 of Lakeside Acres Unit 2, Bexar County, Texas, recorded in Volume 4080, Page 202, Map and Plat Records of Bexar County, Texas, and Lots 10, 11, 12, 13, 14 and 15, Block 13 of Lakeside Acres Unit 2, Bexar County, Texas, recorded in Volume 5035, Pages 587-591, of the Deed Records of Bexar County, Texas, said tract being located generally on IH-10 West towards Boerne, Texas, for a public purpose, namely the construction of water storage facilities at the Winwood Tank site; and a 1.063 acre tract of land, more or less, lying in the Jose A. De La Garza Grant, Abstract 3, Bexar County, Texas, being a portion of a 95.645 acre tract of land described in Volume 6625, Page 1855, Deed Records of Bexar County, Texas, and lots 1 and 2 of the Buena Vista Development Company Subdivision as recorded in Volume 980, Page 187, Map and Plat Records of Bexar County, Texas, for a public purpose, namely, the Leon Creek and Dos Rios Recycling Centers Interconnection Line Project; and further authorizing the expenditure of funds
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in the amount of $500,000 from the System Project Fund to pay the costs of said proceedings and grants of award resulting therefrom, authorizing the President/Chief Executive Officer to execute all documents and initiate such condemnation proceedings through final judgement (if authorized by the City Council) and to pay the costs of such proceedings and the grants of award resulting therefrom, and authorizing the System’s attorneys to initiate such condemnation proceedings through final judgement (if authorized by City Council). (RON GRAF)
38. A Resolution approving the basic terms of a Water Supply and Delivery Agreement among the Guadalupe-Blanco River Authority, San Antonio River Authority, and San Antonio Water System, authorizing the expenditure of funds for the System’s obligations under the Agreement from the System’s Water Resources Development Fund, authorizing the President/Chief Executive Officer or his designee to negotiate the final terms of and execute a Water Supply and Delivery Agreement between the, Guadalupe-Blanco River Authority, San Antonio River Authority and San Antonio Water System in accordance with the Agreement and authorizing the President/Chief Executive Officer to take the necessary steps to implement the Agreement. (REBECCA CEDILLO)
39. A Resolution approving the basic terms of a Participation And Predevelopment Agreement (classified as an Interlocal Governmental Agreement) with the San Antonio River Authority providing for joint participation in water resource projects in connection with obtaining a supply of water from the Guadalupe-Blanco River Authority pursuant to a Water Supply Agreement between the Guadalupe-Blanco River Authority, San Antonio Water System and San Antonio River Authority, authorizing the expenditure of funds for the System’s obligations under the Agreement from the Water Resources Development Fund and authorizing the President/Chief Executive Officer or his designee to negotiate the final terms of and execute the Agreement, pay any required amounts in accordance with the terms of the Agreement and to take all necessary steps to implement the Agreement. (REBECCA CEDILLO) 40. Consideration of action of the following items:
(i) procedures for identifying and screening qualified candidates for executive staff positions, including an interim and permanent President/Chief Executive Officer for the San Antonio Water System.
(ii) engagement of a professional search firm, and
(iii) the appointment, employment and duties of executive staff positions, including an interim and permanent President/Chief Executive Officer for the San Antonio Water System.
41. Adjournment.
THE SAN ANTONIO WATER SYSTEM BOARD OF TRUSTEES MEETING OF JANUARY 16, 2001, IS HEREBY ADJOURNED.
