NOTICE OF MEETING OF THE BURNET ECONOMIC …

NOTICE OF MEETING OF THE BURNET ECONOMIC DEVELOPMENT CORPORATION

Notice is hereby given that a Regular Meeting will be held by the Burnet Economic Development Corporation (BEDC) on the 20th day of April, 2021 at 3:00 p.m. in the Council Chambers, Burnet Municipal Airport, 2402 S. Water, Burnet, TX. at which time, the following subjects will be discussed, to-wit: This notice is posted pursuant to the Texas Government Code, Chapter §551-Open Meetings. 1. CALL TO ORDER:

2. CONSENT AGENDA: 2.1) Approval of the March 16, 2021 BEDC Regular Meeting minutes

3. ACTION ITEMS:

3.1) Discuss and consider action: COVID-19 Emergency Loan Assistance Program.

3.2) Discuss and consider action: Financing of construction costs for the Highway 281 South Commercial Park. 3.3) Discuss and consider action: Award of Bids for the Highway 281 South Commercial Park Project. 3.4) Discuss and consider action: Development related issues and incentives for the potential sale of all or portions of the Highway 281 South Commercial Park. 3.5) Discuss and consider action: Development related issues and incentives for the potential sale of all or portions of the Eastside Commercial Park located on Highway 29 East. 3.6) Discuss and consider action: Performance Contract with the Randy Rogers Band for the Summer Concert Series. 3.7) Discuss and consider action: Standard Professional Services Agreement with Double Eagle Entertainment for the Summer Concert Series.

4. REQUESTS FROM BEDC FOR FUTURE REPORTS:

5. ADJOURN: Dated this 16th day, of April, 2021 I, the undersigned authority, do hereby certify that the above NOTICE OF MEETING of the Burnet Economic Development Corporation, is a true and correct copy of said NOTICE and that I posted a true and correct copy of said NOTICE on the bulletin board, in the City Hall of said City, BURNET, TEXAS, a place convenient and readily accessible to the general public at all times, and said NOTICE was posted on April 16, 2021, at or before 3 o’clock p.m. and remained posted continuously for at least 72 hours preceding the scheduled time of said Meeting.

_____________________________________

Kelly Dix, City Secretary NOTICE OF ASSISTANCE AT THE PUBLIC MEETINGS: The City Council Chamber is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services, such as interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the City Secretary’s office (512.756.6093) at least two working days prior to the meeting. Requests for information may be faxed to the City Secretary at 512.756.8560. RIGHT TO ENTER INTO EXECUTIVE SESSION: The Board of Directors for the Burnet Economic Development Corporation reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code Sections 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices) and 551.087 (Economic Development

STATE OF TEXAS {} COUNTY OF BURNET {} On this the 16th day of March, 2021, the Burnet Economic Development Corporation of the City of Burnet convened in Regular Session, at 3:00 p.m., at the Burnet City Council Chambers, 2402 S. Water Street, Burnet, with the following members present, to-wit: Board Members: David Vaughn, Cary Johnson, Crista Goble Bromley, Habib Erkan, Danny

Lester, Wayne Brown Absent: Brad Zehner City Secretary: Kelly Dix Guests: Adrienne Feild CALL TO ORDER: The meeting was called to order by Cary Johnson at 3:00 p.m. and a quorum was established. CONSENT AGENDA: Approval of the January 19, 2021 Regular Meeting minutes Board Member Danny Lester moved to approve the consent agenda as presented. Board Member Wayne Brown seconded. The motion carried unanimously. SPECIAL PRESENTATIONS: Texas Workforce Training Grant presentation: Pass. ACTION ITEMS: Discuss and consider action: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BURNET ECONOMIC DEVELOPMENT CORPORATION AUTHORIZING AN AMENDMENT TO THE BADGER BUILDING LEASE AGREEMENT WITH SAN SABA WINE CELLARS, LLC D/B/A WEDDING OAK WINERY LLC: Pass. No action taken. Discuss and consider action: Proposed Federal funding impact on the COVID-19 Loan Assistance Program reimbursement: Pass. No action taken. Discuss and consider action: Burnet Economic Development Corporation Events and the summer concert series: Board Member Habib Erkan presented and reviewed the Entertainer Contract that is nearing completion between both parties for the 2021 Summer Series Concert with all present. No action taken. CONVENE TO EXECUTIVE SESSION: Board Member Danny Lester moved to convene to Executive Session at 3:28 p.m. Board Member Wayne Brown seconded. The motion carried unanimously. Executive session: Pursuant to Texas Government Code Section 551.072 (entitled “deliberation regarding real property”) the Board of Directors shall convene in Executive Session to deliberate the value of real property owned by the corporation as follows: (a) Eastside Commercial Park; and (b) Highway 281 South Industrial Park RECONVENE TO REGULAR SESSION: Board Member Danny Lester moved to re-convene to Regular Session at 3:51 p.m. Board Member Wayne Brown seconded. The motion carried unanimously. Discuss and consider action: Development related issues and incentives for the potential sale of all or portions of the 13 Acre Commercial tract located on U.S. Highway 281 South: Board Member Danny Lester made a motion to proceed as discussed in Executive Session. Board Member Crista Bromley seconded. The motion carried unanimously. Discuss and consider action: Development related issues and incentives for the potential sale of all or portions of the Eastside Commercial Park located on Highway 29 East: Board Member Danny Lester made a motion to proceed as discussed in Executive Session. Board Member Crista Bromley seconded. The motion carried unanimously. REQUESTS FOR FUTURE REPORTS: Board Member Wayne Brown stated that he would like to see the BEDC Board focus on what we need pertaining to growth of new businesses in the community with a long-term plan for recruiting such businesses. ADJOURN: There being no further business a motion to adjourn was made by Board Member Danny Lester at 3:57 p.m., seconded by Board Member Crista Bromley. The motion carried unanimously. ____________________________________ Cary Johnson, President ATTEST: Burnet Economic Development Corporation ____________________________ Kelly Dix, City Secretary

ITEM 3.1 David Vaughn City Manager 512-715-3208 [email protected]

Agenda Item Brief

Meeting Date: April 20, 2021 Agenda Item: Discuss and consider action: Proposed Federal funding

impact on the COVID-19 Emergency Loan Assistance Program.

Background: City Staff received notification form the Texas Municipal

League pertaining to the Coronavirus Relief Package-H.R. 1319 which was passed in the house with no amendments to the Senate version.

Information: According to the March 8th prepared chart of allocations it

looks like the City of Burnet may receive $1.4 million dollars in funding.

Attached, is a list of eligible uses for the funding for Board

review. Fiscal Impact:

Recommendation: TBD

http://www.cityofburnet.com/economic_development/econ_develop_index.htm


Agenda Item Brief

Meeting Date: April 20, 2021 Agenda Item: Discuss and consider action: Financing of construction costs

for the Highway 281 South Commercial Park. Background: Information: Staff has been in conversations with First State Bank of

Burnet concerning a possible loan for the improvements to the 281 Commercial Park.

Fiscal Impact: To be determined.

Recommendation: To be determined.



Agenda Item Brief

Meeting Date: April 20, 2021 Agenda Item: Discuss and consider action: Highway 281 South Commercial

Park Improvement Project Bid Tabulations. Background: City Staff in conjunction with the City Engineer, Cuatro

Consultants, Ltd., conducted the bid opening for the Highway 281 South Commercial Park Subdivision Improvement project to include street construction, drainage, and the erosion/sedimentation controls for the 13 acre development on April 7, 2021. Four bids were received as follows:

Liberty Civil Construction Fromberg Construction, LLC Terrapath Cash Construction

Information: See attached bid tabulations. Fiscal Impact:

Recommendation: TBD


BID TABULATIONCuatro Consultants, Ltd.3601 Kyle Crossing, Suite A Project: 281 SOUTH COMMERCIAL PARK SUBDIVISION IMPROVEMENTKyle, TX 78640 Owner: CITY OF BURNET

Address: 1001 Buchanan Drive, Suite 4 BID DATE & TIME:Burnet, TX 78611 April 7, 2021 @ 11:00 AM

Item No. Quantity Unit Description Unit Price Amount Unit Price Amount Unit Price Amount Unit Price AmountPROPOSAL A: EROSION/SEDIMENTATION CONTROLS

1 1 LS STABILIZED CONSTRUCTION ENTRANCE 2,604.03$ 2,604.03$ 1,200.00$ 1,200.00$ 3,500.00$ 3,500.00$ 2,500.00$ 2,500.00$ 2 1,331 LF SILT FENCE 2.68$ 3,567.08$ 2.00$ 2,662.00$ 4.00$ 5,324.00$ 3.00$ 3,993.00$ 3 70 LF ROCK BERM 29.13$ 2,039.10$ 26.00$ 1,820.00$ 50.00$ 3,500.00$ 25.00$ 1,750.00$ 4 2 EA INLET PROTECTION 87.39$ 174.78$ 100.00$ 200.00$ 45.00$ 90.00$ 75.00$ 150.00$ 5 1 LS CONCRETE WASHOUT STATION 640.81$ 640.81$ 600.00$ 600.00$ 1,200.00$ 1,200.00$ 650.00$ 650.00$ 6 4,500 SY REVEGETATION OF STREET R.O.W. 1.81$ 8,145.00$ 0.67$ 3,015.00$ 1.50$ 6,750.00$ 0.50$ 2,250.00$

7A 1 LS DEMOLITION 11,615.16$ 11,615.16$ 11,000.00$ 11,000.00$ 54,520.00$ 54,520.00$ 15,500.00$ 15,500.00$ TOTAL OF BASE BID A: 28,785.96$ 20,497.00$ 74,884.00$ 26,793.00$

PROPOSAL B: STREET AND DRAINAGE IMPROVEMENTS7 1 LS MOBILIZATION 48,110.20$ 48,110.20$ 44,079.56$ 44,079.56$ 98,248.00$ 98,248.00$ 49,375.00$ 49,375.00$ 8 1 LS PERFORMANCE AND PAYMENT BONDS 6,409.30$ 6,409.30$ 15,700.00$ 15,700.00$ 23,000.00$ 23,000.00$ 19,845.15$ 19,845.15$ 9 1.33 AC CLEAR AND GRUB AND ROUGH CUT STREET 44,274.40$ 58,884.95$ 3,000.00$ 3,990.00$ 35,000.00$ 46,550.00$ 13,500.00$ 17,955.00$

10 4,690 SY SUBGRADE PREPARATION (3' BEHIND CURB) 2.11$ 9,895.90$ 1.00$ 4,690.00$ 3.00$ 14,070.00$ 2.50$ 11,725.00$

11 4,690 SY 12" CRUSHED STONE FLEXIBLE BASE (3' BEHIND CURB) 13.86$ 65,003.40$ 13.00$ 60,970.00$ 10.00$ 46,900.00$ 15.00$ 70,350.00$ 12 3,668 SY 2" HMAC 14.59$ 53,516.12$ 12.95$ 47,500.60$ 9.25$ 33,929.00$ 11.00$ 40,348.00$ 13 1,812 LF REINFORCED CONCRETE CURB AND GUTTER 16.62$ 30,115.44$ 15.00$ 27,180.00$ 11.00$ 19,932.00$ 15.50$ 28,086.00$ 14 97 LF REINFORCED CONCRETE RIBBON CURB 26.30$ 2,551.10$ 20.00$ 1,940.00$ 11.00$ 1,067.00$ 22.00$ 2,134.00$ 15 1 LS COMMERCIAL DRIVEWAY APRON, TYPE II 12,215.64$ 12,215.64$ 7,800.00$ 7,800.00$ 8,500.00$ 8,500.00$ 12,250.00$ 12,250.00$ 16 2 EA STREET SIGNS 786.46$ 1,572.92$ 850.00$ 1,700.00$ 400.00$ 800.00$ 725.00$ 1,450.00$ 17 2 EA STANDARD 10' CURB INLETS 5,919.01$ 11,838.02$ 4,000.00$ 8,000.00$ 5,500.00$ 11,000.00$ 5,100.00$ 10,200.00$ 18 209 LF 2 EA - 5' x 5' MULTIPLE BOX CULVERTS (ALL DEPTHS) 378.16$ 79,035.44$ 880.00$ 183,920.00$ 790.00$ 165,110.00$ 825.00$ 172,425.00$ 19 45 LF 30'' RCP, CLASS III (ALL DEPTHS) 112.10$ 5,044.50$ 160.00$ 7,200.00$ 150.00$ 6,750.00$ 95.00$ 4,275.00$ 20 278 LF 24'' RCP, CLASS III (ALL DEPTHS) 79.81$ 22,187.18$ 100.00$ 27,800.00$ 130.00$ 36,140.00$ 75.00$ 20,850.00$ 21 13 LF 18'' RCP, CLASS III (ALL DEPTHS) 63.48$ 825.24$ 70.00$ 910.00$ 150.00$ 1,950.00$ 62.00$ 806.00$

21A 116 LF 2 EA 18'' RCP, CLASS III (ALL DEPTHS) 80.66$ 9,356.56$ 140.00$ 16,240.00$ 220.00$ 25,520.00$ 130.00$ 15,080.00$ 22 1 LS STANDARD HEADWALL FOR 2 - 5' X 5' BOX CULVERTS 35,386.95$ 35,386.95$ 16,500.00$ 16,500.00$ 14,500.00$ 14,500.00$ 30,250.00$ 30,250.00$ 23 DUPLICATE ITEM HAS BEEN DELETED -$ -$ -$ -$ -$ -$ -$ -$

(512) 251-7872

2406 Lake Austin Blvd3555 Highway 29 W 5811 Blue Bluff Road

(512) 402-4705(512) 763-1161 (512) 637-6120

CASH CONSTRUCTIONFROMBERG CONSTRUCTION, LLCLIBERTY CIVIL CONSTRUCTION TERRAPATH

217 Kingston Lacy Blvd Georgetown, TX 78626 Austin, TX 78703 Austin, TX 78724 Pflugerville, TX 78660

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24 1 LS PARALLEL HEADWALL FOR 2 EA - 5' x 5' BOX CULVERTS 37,007.38$ 37,007.38$ 21,500.00$ 21,500.00$ 14,000.00$ 14,000.00$ 67,025.00$ 67,025.00$ 25 1 EA SLOPED HEADWALL FOR 30" RCP 4,575.28$ 4,575.28$ 6,000.00$ 6,000.00$ 3,200.00$ 3,200.00$ 3,125.00$ 3,125.00$ 26 2 EA SLOPED HEADWALL FOR 24" RCP 3,217.40$ 6,434.80$ 5,000.00$ 10,000.00$ 2,800.00$ 5,600.00$ 2,765.00$ 5,530.00$ 27 1 EA SLOPED HEADWALL FOR 2 - 18" RCP 4,187.88$ 4,187.88$ 5,000.00$ 5,000.00$ 2,100.00$ 2,100.00$ 2,805.00$ 2,805.00$

28 1 LSCONCRETE CHANNEL STRUCTURE "A" AT DOWNSTREAM END OF 5' x 5' BOX CULVERTS 11,809.67$ 11,809.67$ 7,500.00$ 7,500.00$ 16,000.00$ 16,000.00$ 11,175.00$ 11,175.00$

29 1 LSCONCRETE DROP STRUCTURE "B" AT UPSTREAM END OF 5' x 5' BOX CULVERTS 9,866.07$ 9,866.07$ 5,500.00$ 5,500.00$ 18,500.00$ 18,500.00$ 8,200.00$ 8,200.00$

30 1 LS CONCRETE DROP STRUCTURE "C" AT UPSTREAM END 6,313.05$ 6,313.05$ 5,000.00$ 5,000.00$ 16,000.00$ 16,000.00$ 4,975.00$ 4,975.00$ 31 452 LF CHANNEL "A", 18' WIDE BOTTOM 33.20$ 15,006.40$ 132.75$ 60,003.00$ 230.00$ 103,960.00$ 450.00$ 203,400.00$ 32 278 LF CHANNEL "A", 15' WIDE EARTHEN BOTTOM 42.93$ 11,934.54$ 20.00$ 5,560.00$ 210.00$ 58,380.00$ 60.00$ 16,680.00$ 33 449 LF CHANNEL "B", 3' WIDE EARTHEN BOTTOM 32.36$ 14,529.64$ 20.00$ 8,980.00$ 47.00$ 21,103.00$ 35.00$ 15,715.00$

34 1 LSREMOVE EXISTING HEADWALL AT 5' X 5' BOX CULVERTS AND CONNECT NEW 5' X 5' BOX CULVERTS 5,825.58$ 5,825.58$ 7,500.00$ 7,500.00$ 11,000.00$ 11,000.00$ 10,250.00$ 10,250.00$

35 1 LS PAVEMENT STRIPING 699.07$ 699.07$ 650.00$ 650.00$ 9,300.00$ 9,300.00$ 725.00$ 725.00$ 36 7 LOT GRADING FOR DRAINAGE PURPOSES 9,653.82$ 67,576.74$ 3,215.00$ 22,505.00$ 1,500.00$ 10,500.00$ 5,750.00$ 40,250.00$

37 91 LF SAW CUT EXISTING ASPHALT AT HOUSTON CLINTON DRIVE 2.10$ 191.10$ 10.00$ 910.00$ 60.00$ 5,460.00$ 3.00$ 273.00$ 38 1,890 LF CONCRETE SIDEWALK 30.59$ 57,815.10$ 20.00$ 37,800.00$ 5.00$ 9,450.00$ 30.00$ 56,700.00$ 39 776 LF TRENCH SAFETY SYSTEM 1.17$ 907.92$ 2.00$ 1,552.00$ 15.00$ 11,640.00$ 0.50$ 388.00$

TOTAL OF BASE BID B: 706,629.08$ 682,080.16$ 870,159.00$ 954,620.15$

PROPOSAL C: TxDOT DECELERATION LANE40 49 LF REINFORCED CONCRETE CURB AND GUTTER 29.35$ 1,438.15$ 20.00$ 980.00$ 16.00$ 784.00$ 29.00$ 1,421.00$ 41 197 LF REINFORCED CONCRETE RIBBON CURB 26.30$ 5,181.10$ 15.00$ 2,955.00$ 14.00$ 2,758.00$ 25.00$ 4,925.00$ 42 400 SY 2" HMAC 14.59$ 5,836.00$ 21.25$ 8,500.00$ 11.00$ 4,400.00$ 11.50$ 4,600.00$ 43 507 SY SUBGRADE PREPARATION 2.11$ 1,069.77$ 2.00$ 1,014.00$ 3.00$ 1,521.00$ 5.00$ 2,535.00$ 44 507 SY 12" CRUSHED STONE FLEXIBLE BASE (3' BEHIND CURB) 13.86$ 7,027.02$ 17.00$ 8,619.00$ 12.00$ 6,084.00$ 19.50$ 9,886.50$ 45 275 LF SAW CUT CURB AT EXISTING PAVEMENT 2.10$ 577.50$ 4.00$ 1,100.00$ 7.00$ 1,925.00$ 3.00$ 825.00$ 46 175 LF REMOVE GUARDRAIL 11.65$ 2,038.75$ 10.00$ 1,750.00$ 15.00$ 2,625.00$ 20.00$ 3,500.00$ 47 1 LS TRAFFIC CONTROL 9,728.72$ 9,728.72$ 3,500.00$ 3,500.00$ 12,000.00$ 12,000.00$ 92,750.00$ 92,750.00$ 48 1 LS TxDOT PAVEMENT MARKINGS AND SIGNS 8,388.83$ 8,388.83$ 1,000.00$ 1,000.00$ 2,300.00$ 2,300.00$ 7,750.00$ 7,750.00$ 49 385 LF 5' CONCRETE SIDEWALK 30.59$ 11,777.15$ 25.00$ 9,625.00$ 45.00$ 17,325.00$ 45.00$ 17,325.00$

TOTAL OF BASE BID C: 53,062.99$ 39,043.00$ 51,722.00$ 145,517.50$

PROPOSAL D: WATER IMPROVEMENTS50 2,133 LF 12" PVC MAIN, DR 14, ALL DEPTHS 69.33$ 147,880.89$ 80.00$ 170,640.00$ 45.00$ 95,985.00$ 92.00$ 196,236.00$

51 5 EANEW FIRE HYDRANT, ASSEMBLY - 6" VALVE AND DI LEAD PIPE 5,788.17$ 28,940.85$ 6,250.00$ 31,250.00$ 4,200.00$ 21,000.00$ 6,000.00$ 30,000.00$

52 6 EA TWO-INCH METER SETTING 5,605.19$ 33,631.14$ 6,000.00$ 36,000.00$ 4,600.00$ 27,600.00$ 5,600.00$ 33,600.00$ 53 1 EA NEW 2" METER AT EXISTING CARWASH 8,509.94$ 8,509.94$ 7,500.00$ 7,500.00$ 6,200.00$ 6,200.00$ 6,250.00$ 6,250.00$ 54 1 EA NEW 2" METER SETTING 8,478.73$ 8,478.73$ 7,500.00$ 7,500.00$ 4,200.00$ 4,200.00$ 6,200.00$ 6,200.00$ 55 13 EA RAISE VALVE CASTINGS 155.79$ 2,025.27$ 1,000.00$ 13,000.00$ 375.00$ 4,875.00$ 175.00$ 2,275.00$ 56 8 EA 12" GATE VALVE WITH BOX 3,204.52$ 25,636.16$ 2,500.00$ 20,000.00$ 2,800.00$ 22,400.00$ 3,150.00$ 25,200.00$

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57 EA WET CONNECTIONS TO EXISTING MAINS -$ -$ -$ -$ -$ 3 EA Proposed 12 to Existing 12 3,059.37$ 9,178.11$ 5,000.00$ 15,000.00$ 3,800.00$ 11,400.00$ 2,250.00$ 6,750.00$ 1 EA Proposed 8 to Existing 8 3,883.90$ 3,883.90$ 3,000.00$ 3,000.00$ 3,600.00$ 3,600.00$ 2,175.00$ 2,175.00$

58 1 LS CUT AND PLUG EXISTING 8" BRANCH 5,984.35$ 5,984.35$ 1,000.00$ 1,000.00$ 750.00$ 750.00$ 1,400.00$ 1,400.00$ 59 2,133 LF TRENCH SAFETY SYSTEM 0.58$ 1,237.14$ 2.00$ 4,266.00$ 3.00$ 6,399.00$ 0.50$ 1,066.50$

TOTAL OF BASE BID D: 275,386.48$ 309,156.00$ 204,409.00$ 311,152.50$

PROPOSAL E: WASTEWATER IMPROVEMENTS60 13 LF 12" WASTEWATER LINE PVC, SDR 26 (0-8' DEEP) 83.47$ 1,085.11$ 150.00$ 1,950.00$ 120.00$ 1,560.00$ 65.00$ 845.00$ 61 84 LF 12" WASTEWATER LINE PVC, SDR 26 (8-10' DEEP) 87.45$ 7,345.80$ 140.00$ 11,760.00$ 140.00$ 11,760.00$ 67.00$ 5,628.00$ 62 33 LF 8" WASTEWATER LINE PVC, SDR 26 (0'-8' DEEP) 128.14$ 4,228.62$ 90.00$ 2,970.00$ 90.00$ 2,970.00$ 50.00$ 1,650.00$ 63 367 LF 8" WASTEWATER LINE PVC, SDR 26 (8'-10' DEEP) 60.85$ 22,331.95$ 90.00$ 33,030.00$ 100.00$ 36,700.00$ 53.00$ 19,451.00$ 64 4 EA WASTEWATER MANHOLE 4,477.45$ 17,909.80$ 6,000.00$ 24,000.00$ 4,500.00$ 18,000.00$ 6,250.00$ 25,000.00$ 65 3 EA MANHOLE ON EXISTING LINE 7,752.35$ 23,257.05$ 8,000.00$ 24,000.00$ 4,500.00$ 13,500.00$ 7,900.00$ 23,700.00$ 66 7 VF MANHOLE EXTRA DEPTH 399.17$ 2,794.19$ 1,000.00$ 7,000.00$ 180.00$ 1,260.00$ 300.00$ 2,100.00$ 67 6 VF RAISE EXISTING MANHOLE TO FINISHED GRADE 480.11$ 2,880.66$ 1,000.00$ 6,000.00$ 180.00$ 1,080.00$ 1,500.00$ 9,000.00$ 68 5 EA SINGLE WASTEWATER SERVICE 2,239.66$ 11,198.30$ 4,000.00$ 20,000.00$ 3,800.00$ 19,000.00$ 1,400.00$ 7,000.00$ 69 1 EA DOUBLE WASTEWATER SERVICE 2,942.63$ 2,942.63$ 7,000.00$ 7,000.00$ 5,600.00$ 5,600.00$ 2,500.00$ 2,500.00$ 70 1 LS CONNECT TO EXISTING MAIN 16,610.84$ 16,610.84$ 2,500.00$ 2,500.00$ 3,600.00$ 3,600.00$ 1,250.00$ 1,250.00$ 71 497 LF TRENCH SAFETY SYSTEM 1.17$ 581.49$ 2.00$ 994.00$ 3.00$ 1,491.00$ 1.00$ 497.00$

TOTAL OF BASE BID E: 113,166.44$ 141,204.00$ 116,521.00$ 98,621.00$

TOTAL BASE BID: 1,177,030.95$ 1,191,980.16$ 1,317,695.00$ 1,536,704.15$

PROPOSAL A: EROSION/SEDIMENTATION CONTROLS1 341 LF SILT FENCE 2.80$ 954.80$ 2.00$ 682.00$ 4.00$ 1,364.00$ 3.00$ 1,023.00$ 2 1 LS CONCRETE WASHOUT STATION 670.17$ 670.17$ 600.00$ 600.00$ 1,200.00$ 1,200.00$ 650.00$ 650.00$ 3 3,107 SY REVEGETATION OF STREET R.O.W. 1.89$ 5,872.23$ 0.81$ 2,516.67$ 3.00$ 9,321.00$ 0.50$ 1,553.50$

TOTAL OF SUPPLEMENTAL BID A: 7,497.20$ 3,798.67$ 11,885.00$ 3,226.50$

PROPOSAL B: STREET AND DRAINAGE IMPROVEMENTS4 1 LS MOBILIZATION 49,652.56$ 49,652.56$ 21,650.50$ 21,650.50$ 52,771.00$ 52,771.00$ 38,750.00$ 38,750.00$ 5 1 LS PERFORMANCE AND PAYMENT BONDS 6,093.67$ 6,093.67$ 4,500.00$ 4,500.00$ 11,300.00$ 11,300.00$ 9,170.00$ 9,170.00$

6 1.81 ACCLEAR AND GRUB AND ROUGH CUT STREET INCLUDING DEMOLITION OF THE EXISTING STREET 46,302.64$ 83,807.78$ 17,812.15$ 32,239.99$ 39,300.00$ 71,133.00$ 29,150.00$ 52,761.50$

7 6,267 SY SUBGRADE PREPARATION (3' BEHIND CURB) 2.21$ 13,850.07$ 0.51$ 3,196.17$ 2.00$ 12,534.00$ 5.50$ 34,468.50$ 8 6,267 SY 11" CRUSHED STONE BASE (3' BEHIND CURB) 13.90$ 87,111.30$ 13.00$ 81,471.00$ 8.00$ 50,136.00$ 17.75$ 111,239.25$ 9 6,267 SY GEOGRID, TENSAR TX5 3.56$ 22,310.52$ 2.21$ 13,850.07$ 3.00$ 18,801.00$ 5.75$ 36,035.25$

10 5,158 SY 2" HMAC 14.41$ 74,326.78$ 12.19$ 62,876.02$ 16.00$ 82,528.00$ 20.00$ 103,160.00$ 11 2,640 LF REINFORCED CONCRETE RIBBON CURB 15.29$ 40,365.60$ 14.50$ 38,280.00$ 10.00$ 26,400.00$ 12.00$ 31,680.00$ 12 2,508 LF 5' CONCRETE SIDEWALK 31.99$ 80,230.92$ 17.50$ 43,890.00$ 19.00$ 47,652.00$ 32.00$ 80,256.00$ 13 3 EA STREET SIGNS 822.48$ 2,467.44$ 700.00$ 2,100.00$ 500.00$ 1,500.00$ 700.00$ 2,100.00$ 14 1 LS PAVEMENT STRIPING 1,462.19$ 1,462.19$ 600.00$ 600.00$ 15,300.00$ 15,300.00$ 1,325.00$ 1,325.00$ 15 1 LS GRADING FOR DRAINAGE PURPOSES 54,832.07$ 54,832.07$ 10,270.00$ 10,270.00$ 33,650.00$ 33,650.00$ 8,225.00$ 8,225.00$

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16 60 LF SAW CUT EXISTING ASPHALT AT HOUSTON CLINTON DRIVE 2.32$ 139.20$ 2.00$ 120.00$ 36.00$ 2,160.00$ 5.00$ 300.00$

17 4 LSREMOVE AND RELOCATE EXISTING ELECTRICAL TRANSFORMERS 7,920.19$ 31,680.76$ 10,000.00$ 40,000.00$ 1,500.00$ 6,000.00$ 900.00$ 3,600.00$

18 1 LS REMOVE AND RELOCATE EXISTING GUARD RAILS 9,747.92$ 9,747.92$ 4,500.00$ 4,500.00$ 7,800.00$ 7,800.00$ 1.00$ 1.00$ 19A 55 LF 3 EA - 5' x 2' MULTIPLE BOX CULVERTS (ALL DEPTHS) 350.46$ 19,275.30$ 1,035.45$ 56,949.75$ 1,300.00$ 71,500.00$ 1,375.00$ 75,625.00$

20A 1 LSPARALLEL HEADWALL WITH CONCRETE RIPRAP FOR OR 3 EA - 5' x 2' BOX CULVERTS 31,950.64$ 31,950.64$ 26,750.00$ 26,750.00$ 21,300.00$ 21,300.00$ 26,750.00$ 26,750.00$

21A 1 LSPARALLEL HEADWALL WITH CONCRETE RIPRAP FOR OR 3 EA - 5' x 2' BOX CULVERTS 23,382.33$ 23,382.33$ 18,300.00$ 18,300.00$ 19,500.00$ 19,500.00$ 19,075.00$ 19,075.00$

22A 1 EA CONNECTIONS TO EXISTING DRIVEWAYS WITH SAW CUT 609.25$ 609.25$ 300.00$ 300.00$ 2,500.00$ 2,500.00$ 650.00$ 650.00$

23A 1 LSCONSTRUCT, STAKE AND POUR CONCRETE TRICKLE CHANNEL 8,537.47$ 8,537.47$ 2,650.00$ 2,650.00$ 7,000.00$ 7,000.00$ 5,500.00$ 5,500.00$

24A 1 LSCONSTRUCT, STAKE AND POUR SPECIAL CURB INLET AND CONCRETE FLUME 26,981.17$ 26,981.17$ 4,875.00$ 4,875.00$ 6,400.00$ 6,400.00$ 12,386.85$ 12,386.85$

TOTAL OF SUPPLEMENTAL BID B: 668,814.94$ 469,368.50$ 567,865.00$ 653,058.35$

TOTAL SUPPLEMENTAL BID: 676,312.14$ 473,167.17$ 579,750.00$ 656,284.85$

TOTAL BASE BID AND SUPPLEMENTAL BID: 1,853,343.09$ 1,665,147.33$ 1,897,445.00$ 2,192,989.00$

Clarification of Bids1 The Total of Base Bid A from Liberty Civil Construction decreased $54.00 from the Contractor's submitted bid due to mathematical error.2 Item number 10 in the Base Bid from Liberty Civil Construction increased $0.90 from the Contractor's submitted bid due to mathematical error.3 Item number 26 in the Base Bid from Liberty Civil Construction increased $2,246.92 from the Contractor's submitted bid due to mathematical error.4 The Total Base Bid from Liberty Civil Construction decreased $36.00 from the Contractor's submitted bid due to mathematical error.5 Item number 6 in the Base Bid from Fromberg Construction, LLC increased $15.00 from the Contractor's submitted bid due to mathematical error.6 Due to clarification 5, the Total of Base Bid A from Fromberg Construction, LLC increased $15.00 from the Contractor's submitted bid.7 Item number 51 in the Base Bid from Fromberg Construction, LLC increased $6,250.00 from the Contractor's submitted bid due to mathematical error.8 Due to clarification 7, the Total of Base Bid D from Fromberg Construction, LLC increased $6,250.00 from the Contractor's submitted bid.9 The Total of Base Bid E from Fromberg Construction, LLC decreased $50.00 from the Contractor's submitted bid due to mathematical error.

10 Due to clarifications 6, 8, and 9, the Total Base Bid from Fromberg Construction, LLC increased $6,215.00 from the Contractor's submitted bid.11 Item number 6 in the Supplemental Bid from Fromberg Construction, LLC decreased $0.01 from the Contractor's submitted bid due to rounding error.12 Due to clarification 11, the Total of Supplemental Bid B and the Total Supplemental Bid B decreased $0.01 from the Contractor's submitted bid.

Cuatro Consultants, Ltd. I, Hugo Elizondo Jr., P.E., do hereby certify that this tabulation of bids received on this Project is 3601 Kyle Crossing, Suite A true and correct.Kyle, TX 78640Firm Registration No. F-3524(512) 312-5040

4 OF 4


Agenda Item Brief

Meeting Date: April 20, 2021 Agenda Item: Discuss and consider action: Development related issues

and incentives for the potential sale of all or portions of the 13 Acre Commercial tract located on U.S. Highway 281 South.

Background: Information: Fiscal Impact:

Recommendation:



Agenda Item Brief

Meeting Date: April 20, 2021 Agenda Item: Discuss and consider action: Development related issues and

incentives for the potential sale of all or portions of the Eastside Commercial Park located on Highway 29 East.

Background: Information: . Fiscal Impact:

Recommendation:



Agenda Item Brief

Meeting Date: April 20, 2021 Agenda Item: Discuss and consider action: Performance Contract with the

Randy Rogers Band for the Summer Concert Series. Background: Information: Staff is still negotiating terms at the time of the agenda

posting. A final version will be updated upon completion. Fiscal Impact: Approximately $50,000 Recommendation: To be determined.


STET – Payment for performance rendered prior to FM cancellation


Agenda Item Brief

Meeting Date: April 20, 2021 Agenda Item: Discuss and consider action: Standard Professional Services

Agreement with Double Eagle Entertainment for the Summer Concert Series.

Background: Information: Staff is still negotiating terms at the time of the agenda

posting. A final version will be updated upon completion. Fiscal Impact: To be determined. Recommendation: To be determined.


STANDARD PROFESSIONAL SERVICES AGREEMENT

Burnet Economic Development Corporation This Professional Services Agreement (“Agreement”) is made and entered by and between the Burnet Economic Development Corporation, a Texas Type B Development Corporation, (the “Corporation”) a Texas municipality, and Double Eagle Entertainment, a Texas limited liability company (“Professional”). Section 1. Duration. This Agreement shall become effective upon execution by the Corporation and shall remain in effect until terminated as provided for in this Agreement. Section 2. Scope of Work. (A) Professional shall serve as agent for Corporation in the procurement of performing artists

commitments to perform at concerts and other entertainment venues sponsored by Corporation. Such Services are more particularly described in the Scope of Work attached hereto as Exhibit “A”.

(B) The Quality of Services provided under this Agreement shall be of the level of professional quality performed by Professionals regularly rendering this type of service.

(C) The Professional shall perform its Services in compliance with all statutory, regulatory and

contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement.

Section 3. Compensation. (A) The Professional shall be paid in the manner set forth in Exhibit “B” and as provided

herein. (B) Billing Period: The Professional may submit monthly, or less frequently, an invoice for

payment based on the estimated completion of the described tasks and approved work schedule. Subject to Chapter 2251, Texas Government Code (the “Prompt Payment Act”), payment is due within thirty (30) days of the Corporation’s receipt of the Professional’s invoice. Interest on overdue payments shall be calculated in accordance with the Prompt Payment Act.

(C) Reimbursable Expenses: Any and all reimbursable expenses related to the Project shall be

included in the scope of services (Exhibit “A”) and accounted for in the total contract amount in Exhibit “B”. If these items are not specifically accounted for in Exhibit “A” they shall be considered subsidiary to the total contract amount.

Section 4. Intentionally Deleted.

Section 5. Intentionally Deleted. Section 6. Insurance.

Section 7. Miscellaneous Provisions. (A) Subletting. The Professional shall not sublet or transfer any portion of the work under this

Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the Corporation, which approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the Corporation in the subletting of any work shall not relieve the Professional of any responsibility for work done by such subcontractor.

(B) Compliance with Laws. The Professional shall comply with all federal, state and local

laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker’s compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Professional shall furnish the Corporation with satisfactory proof of compliance.

(C) Independent Contractor. Professional acknowledges that Professional is an independent

contractor of the Corporation and is not an employee, agent, official or representative of the Corporation. Professional shall not represent, either expressly or through implication, that Professional is an employee, agent, official or representative of the Corporation. Income taxes, self-employment taxes, social security taxes and the like are the sole responsibility of the Professional

(D) Non-Collusion. Professional represents and warrants that Professional has not given,

made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the Corporation under this Agreement. Professional further agrees that Professional shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the Corporation pursuant to this Agreement) for any of the services performed by Professional under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Professional, Professional shall immediately report that fact to the Corporation and, at the sole option of the Corporation, the Corporation may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Professional under or pursuant to this Agreement.

(E) Force Majeure. If the performance of any covenant or obligation to be performed

hereunder by any party is delayed as a result of circumstances which are beyond the

reasonable control of such party (which circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not of limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or actions by governmental authorities), the time for such performance shall be extended by the amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The party claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven (7) days after the claiming party becomes aware of the same, and if the claiming party fails to so notify the other party of the occurrence of a force majeure event causing such delay and the other party shall not otherwise be aware of such force majeure event, the claiming party shall not be entitled to avail itself of the provisions for the extension of performance contained in this subsection.

(F) In the case of any conflicts between the terms of this Agreement and wording contained

within the Scope of Services, this Agreement shall govern. The Scope of Services is intended to detail the technical scope of services, fee schedule, and contract time only and shall not dictate Agreement terms.

Section 8. Termination. (A) This Agreement may be terminated:

(1) By the mutual agreement and consent of both Professional and Corporation; (2) By either party, upon the failure of the other party to fulfill its obligations as set forth

in either this Agreement or a Scope of Work issued under this Agreement; (3) By the Corporation, immediately upon notice in writing to the Professional, as

consequence of the failure of Professional to perform the services contemplated by this Agreement in a timely or satisfactory manner;

(4) By the Corporation, at will and without cause upon not less than thirty (30) days written

notice to the Professional.(B) If the Corporation terminates this Agreement pursuant to Section 5 or subsection 8(A)(2) or (3), above, the Professional shall not be entitled to any fees or reimbursable expenses other than the fees and reimbursable expenses then due and payable as of the time of termination and only then for those services that have been timely and adequately performed by the Professional considering the actual costs incurred by the Professional in performing work to date of termination, the value of the work that is nonetheless usable to the Corporation, the cost to the Corporation of employing another Professional to complete the work required and the time required to do so, and other factors that affect the value to the Corporation of the work performed at time of termination. In the event of termination that is not the fault of the Professional, the Professional shall be compensated for all

basic, special, and additional services actually performed prior to termination, together with any reimbursable expenses then due.

Section 9. Indemnification. Professional agrees to indemnify and hold the Corporation of Burnet, Texas and all of its present, future and former agents, employees, officials and representatives harmless in their official, individual and representative capacities from any and all claims, demands, causes of action, judgments, liens and expenses (including attorney's fees, whether contractual or statutory), costs and damages (whether common law or statutory), costs and damages (whether common law or statutory, and whether actual, punitive, consequential or incidental), of any conceivable character, for injuries to persons (including death) or to property (both real and personal) created by, arising from or in any manner relating to the services or goods performed or provided by Professional – expressly including those arising through strict liability or under the constitutions of the United States or Texas – Section 10. Notices. Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 11. No Assignment. Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. Section 12. Severability. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 13. Waiver. Either Corporation or the Professional shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 14. Governing Law; Venue. This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The

provisions and obligations of this Agreement are performable in Burnet County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Burnet County, Texas. Section 15. Paragraph Headings; Construction. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 16. Binding Effect. Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 17. Gender. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 19. Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 20. Entire Agreement. It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 21. Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. Section 22. Right To Audit. Corporation shall have the right to examine and audit the books and records of Professional with regards to the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books and records will be maintained in accordance with generally accepted principles of accounting and will be adequate to enable determination of: (1) the substantiation and accuracy of any payments required to be made under this Agreement; and (2) compliance with the provisions of this Agreement.

23. Dispute Resolution. In accordance with the provisions of Subchapter I, Chapter 271, TEX. LOCAL GOV’T CODE, the parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied party to the other party, which notice shall request a written response to be delivered to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied party shall give notice to that effect to the other party whereupon each party shall appoint a person having authority over the activities of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then the parties shall each appoint a person from the highest tier of managerial responsibility within each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute. 24. Disclosure of Business Relationships/Affiliations; Conflict of Interest Questionnaire. Professional represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code.

[The remainder of this page is intentionally left blank.]

EXECUTED on this the day of , 2021. CORPORATION:

PROFESSIONAL:

By: By: Name: Cary Johnson Name: Damon Beierle Title: President Title: Manager

ADDRESS FOR NOTICE: CITY: PROFESSIONAL: Burnet Economic Development Corporation Attn. City Manager P.O. Box 1369 1001 Buchanan Drive, Suite 4 Burnet, Texas, 78611 Fax: (512) 234-1447

Double Eagle Entertainment LLC Attn. Damon Beierle PO Box 441 Burnet, Texas 78611

Exhibit “A”

SCOPE OF WORK

Double Eagle Entertainment will provide services to include the production and promotion of the Burnet Summer Concert Series. Work includes procurement of Sound, lighting, talent buying, event management, stage management, hospitality and lodging for the artists and crew. Double Eagle will work with the Burnet Economic Development Corporation to prepare for and execute the events of the Burnet Summer Concert Series. Double Eagle Entertainment will promote and sell event sponsorships to approved sponsors. Double Eagle Entertainment will provide any artist contract rider requirements as assigned by the Burnet EDC, including technical and hospitality riders attached to artist contracts. Double Eagle Entertainment will make offer and negotiate contracts between headlining artists and Burnet EDC. Burnet EDC will then fully execute said contracts directly with the artists agent. Double Eagle Entertainment will negotiate and contract with the support artists upon approval from the Burnet EDC.

Exhibit “B”

COMPENSATION Double Eagle Entertainment shall be paid directly for agreed expenses and labor incurred for the execution of the events for the Burnet Summer Concert Series. Hospitality requirements from artists contract riders will determine the amount charged for those items to be purchased and delivered to the event. Technical Rider requirements from artists contract riders shall determine the amount charged for those items to be purchased and delivered to the event. Stage and event management fees shall be charged for the amount of help required to execute the event, including talent buying, stage hands, office time, sound engineers, sound techs, lighting engineers, lighting techs as well as back stage management. Double Eagle Entertainment. Estimated costs per show are listed below. All show expenses will be approved by the Burnet EDC before work begins. Fees are based on requirements of the contracted artists. Sound $1,500.00 to $3,000.00 Lighting $1,000.00 to $2,500.00 Hospitality for Artists and Crew $1,000.00 – 1,500.00 Lodging for Artists $300.00 – 1,000.00 Stage Hands - $150.00 each per event Event Management - $1,500.00 per event Talent Buying – 5% of Contracted Amounts with artists. (Industry standard is 15%) Sponsorship Sales – 20% Commission Support Act Compensation – up to $2,000.00 per show

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