HomeMy WebLinkAboutAgenda_GWUAB_04.14.2022Notice of Meeting for the Georgetown Water Utility B oard of the City of Georgetown April 14, 2022 at 2:00 P M at West Side Serv ice Center, 5501 Williams Dr., Georgetown, T X, 78633 T he C ity of G eorgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require as s is tance in partic ipating at a public meeting due to a disability, as defined under the ADA, reas onable as s is tance, adaptations , or ac commodations will be provided upon request. P leas e c ontact the C ity S ec retary's O ffic e, at leas t three (3) days prior to the sc heduled meeting date, at (512) 930-3652 or C ity Hall at 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626 for additional information; T T Y users route through R elay Texas at 711. A G E N D A R E V I S E D A P R I L 11, 2022 TO C O R R E C T I T E M F C A P T I O N. Regular Session (T his R egular S es s ion may, at any time, be rec es s ed to c onvene an Exec utive S es s ion for any purpose authorized by the O pen Meetings Act, Texas G overnment C ode 551.) A P ublic Wishing to Address the Board O n a subject that is posted on this agenda: P leas e fill out a s peaker registration form which c an be found on the counter at the entranc e to the Board Meeting. C learly print your name and the letter of the item on whic h you wis h to s peak and pres ent it to the S taff Liais on, prior to the start of the meeting. You will be called forward to s peak when the Board c onsiders that item. O nly persons who have delivered the speaker form prior to the meeting being called to order may speak. O n a subject not posted on the agenda: P ers ons may add an item to a future R egular sc heduled Board agenda by filing a written reques t with the S taff Liaison no later than one week prior to the Board meeting. T he request mus t inc lude the speaker’s name and the spec ific topic to be addres s ed with sufficient information to inform the board and the public. Only those persons who have submitted a timely request will be allowed to speak. P lease s end comments to G W UAB Interim Board Liais on, at sheila.mitchell@georgetown.org B C all to O rder - S c ott Macmurdo, Board C hair C Introduc tion of Board Members, S taff and Vis itors - S c ott Macmurdo, Board C hair D Updates from Water Utility Direc tors; C hels ea S olomon, Director of Water Utilities (Update will be provided at meeting) Regular Agenda E R eview and pos s ible ac tion to approve the minutes from the Marc h 10, 2022 and March 21, 2022 G eorgetown Water Utility Advisory Board Meetings.- S heila Mitc hell, Interim Board Liaison F C ons ideration and possible recommendation to approve an agreement (22-0068-G C ) with DP C Indus tries for the provision and delivery of 12.5% S odium Hypoc hlorite (Bleach) for Water and Was tewater Treatment in an amount not to exceed $1,306,663.00 annually; additionally, to authorize the C ity Manager to exec ute renewals of the agreement for up to (4) four additional one-year terms . -- Michael D. Welch, Water and Was tewater Treatment Manager Page 1 of 80 G C ons ideration and possible recommendation to purchas e (3) three 125hp Hydromatic S ubmers ible P umps to replac e exis ting s ubmersibles located at S mith Branch Lift S tation, from Austin Armature Works, LP, of Buda, Texas , in the amount of $169,260.00. -- Isaac C onde, Water S ervices Tec h S pec ialis t/C helsea S olomon, Direc tor of Water Utilities H C ons ideration and possible recommendation to approve the G enerator Maintenanc e agreement with Holt C AT /Holt P ower S ys tems, of S an Antonio, Texas , to perform Level three (3) s ervic e on all twenty-nine (29) utility owned generators, for an es timated c os t of $75,530.52. -- C helsea S olomon, P E- Water Utilities Director I C ons ideration and possible recommendation to approve a contrac t to C unningham C ons tructors & Assoc iates, Inc . of G eorgetown Texas for the cons truction of the S outhside Water Treatment P lant Ultrafiltration Membrane Improvements P roject in the amount of $5,380,000.00. – Wes ley Wright, P.E., S ys tems Engineering Director / C hris P ous s on, C I P Manager Adjournment Ce rtificate of Posting I, R obyn Densmore, C ity S ecretary for the C ity of G eorgetown, Texas, do hereby c ertify that this Notic e of Meeting was posted at C ity Hall, 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626, a plac e readily acc es s ible to the general public as required by law, on the _____ day of _________________, 2022, at __________, and remained s o posted for at leas t 72 c ontinuous hours prec eding the s cheduled time of said meeting. __________________________________ R obyn Dens more, C ity S ec retary Page 2 of 80 City of Georgetown, Texas Water Utility Board April 14, 2022 S UB J E C T: Updates from Water Utility Directors ; C helsea S olomon, Direc tor of Water Utilities (Update will be provided at meeting) IT E M S UMMARY: Update will be provided at meeting. F IN AN C IAL IMPAC T: . S UB MIT T E D B Y: C helsea S olomon, Direc tor of Water Utilities Page 3 of 80 City of Georgetown, Texas Water Utility Board April 14, 2022 S UB J E C T: R eview and possible action to approve the minutes from the March 10, 2022 and Marc h 21, 2022 G eorgetown Water Utility Advis ory Board Meetings .- S heila Mitchell, Interim Board Liais on IT E M S UMMARY: Board to review and take action to approve the minutes from the March 10, 2022 and Marc h 21, 2022 G eorgetown Water Utility Advisory Board Meetings. F IN AN C IAL IMPAC T: . S UB MIT T E D B Y: S heila Mitchell, Interim Board Liais on AT TAC H ME N T S: Description Type GWUAB Mar 10 2022 DRAFT Minutes Backup Material GWUAB Mar 21 2022 DRAFT Minutes Backup Material Page 4 of 80 Minutes of the Meeting of the Georgetown Water Utility Advisory Board of the City of Georgetown, Texas March 10, 2022 at 2:00PM at West Side Service Center, 5501 Williams Dr., Georgetown, TX 78633 The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participation at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary’s Office, at least three (3) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 808 Martin Luther King, Jr. Street, Georgetown, TX 78626 for additional information: TTY users route through Relay Texas at 711. This regular meeting was cancelled and rescheduled for March 21, 2022 at 1:00PM. __________________________ _____________________________ Scott Macmurdo – Board Chair Tina Geiselbrecht – Secretary _________________________________ Sheila K. Mitchell, Interim Water Board Liaison Page 5 of 80 Minutes of the Meeting for the Georgetown Water Utility Board of the City of Georgetown March 21, 2022 at 1:00 PM at City Hall - Large Conference Room; 808 Martin Luther King Jr. St Georgetown, TX 78626 The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary's Office, at least three (3) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 808 Martin Luther King Jr. Street, Georgetown, TX 78626 for additional information; TTY users route through Relay Texas at 711. THIS REGULAR MEETING WAS RESCHEDULED FROM MARCH 10, 2022 TO MONDAY, MARCH 21, 2022. Board Members Present: Scott Macmurdo, Chair; Stuart Garner, Tina Geiselbrecht, Mike Morrison, Steve Fought, Councilmember Staff Members Present: Chelsea Solomon, Director of Water Utility; Wesley Wright, Systems Engineering Director; Leigh Wallace, Finance Director; Laurie Brewer, Assistant City Manager; Nick Woolery, Assistant City Manager; Mike Welch, Water and Wastewater Treatment Manager; Chris Pousson, CIP Manager; Cindy Pospisil, ERP Applications Administrator Customer Care; Danielle Dutra, Public Works Administrative Assistant; Sheila Mitchell, Interim Board Liaison/Systems Engineering Administrative Assistant Visitors Present: Allen Woelke/CDM Smith; Joao Lopes Farias/PLW Waterworks, LLC; James Brown/PLW Waterworks, LLC; Peter Bailey/PLW Waterworks, LLC; Ron Garland/City Council District 4 Regular Session (This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) Solomon welcomed attendees reminding all to please sign in on attendance sheet; addressed opportunity for Public Wishing to Address the Board as posted under Item A. A Public Wishing to Address the Board – No one signed up to speak. B Called to Order - Scott Macmurdo, Board Chair – at 1:03PM. C Introduction of Board Members, Staff and Visitors - Scott Macmurdo, Board Chair Introductions of staff and board members present, prior to call to order. D Updates from Water Utility Directors; Chelsea Solomon, Director of Water Utilities - any updates will be highlighted at the meeting. The Directors report, FY2022 1st Quarter Combined Report from Finance and the Annual Finance Report are all attached. Solomon gave update included in agenda packet. Wallace reviewed Annual Financial Audit, included in packet, noting Water Fund on pages 29-32. Wallace reviewed 1st Quarter Financial Page 6 of 80 Report. Some questions/discussion. Solomon continued with Water Operations updates in packet. Wright gave project updates included in packet. Some questions/discussion. Wright noted Water Wastewater Impact Fees will be reviewed in Summer of 2022, requirements are to form a committee of Water board members minus Council member(s); possibly meet on same day of future water board meetings, possibly prior to board meeting. Preparing information to bring back to board in coming months. No further questions. E Presentation, discussion, and direction regarding the Water and Wastewater Cost of Service Study preliminary results. -- Chelsea Solomon, Director of Water Utility Matthew Garrett of NewGen Strategies reviewed presentation included in packet, noting the presentation has recently been made to Council. Macmurdo asked and Wallace responded on how city is managing inflation factors citywide for fund increases. Morrison asked to clarify rate percentage for transparency; Solomon noted will clarify. Continued overview of rate tiers and usages. Wallace noted Council will adopt final financial policies. Garrett reviewed Next Steps included in packet. No further discussion. Regular Agenda F Nominations and election of the Vice-Chairman of the Georgetown Water Utility Advisory Board. – Scott Macmurdo, Board Chairman Garner volunteered to serve as Vice-Chair of the Georgetown Water Utility Advisory Board. Motion by Morrison to nominate Garner; Garner accepted nomination for Vice-Chairman of the Georgetown Water Utility Advisory Board. Motion by Morrison, seconded by Geiselbrecht to elect Garner for Vice-Chairman of the Georgetown Water Utility Advisory Board. Approved 5-0-0. G Nominations and election of the Secretary of the Georgetown Water Utility Advisory Board. – Scott Macmurdo, Board Chair Motion by Garner to nominate Geiselbrecht; Geiselbrecht accepted nomination for Secretary of the Georgetown Water Utility Advisory Board. Motion by Garner, seconded by Morrison to elect Geiselbrecht for Secretary of the Georgetown Water Utility Advisory Board. Approved 5-0-0. H Review and possible action related to the Day and Time of the Georgetown Water Utility Advisory Board meetings. – Scott Macmurdo, Board Chair Motion by Garner, seconded by Morrison to approve the Day and Time of the Georgetown Water Utility Advisory Board meetings ; remaining the same as current schedule included in packet. Approved 5-0-0. I Review and possible action to approve the minutes from the November 11, 2021, December 9, 2021, January 13, 2022 and February 10, 2022 Georgetown Water Utility Advisory Board Meetings. – Sheila Mitchell, Interim Board Liaison Motion by Morrison, seconded by Garner to approve the minutes from the November 11, 2021, December 9, 2021, January 13, 2022 and February 10, 2022 Georgetown Water Utility Advisory Board Meetings. Approved 5-0-0. J Consideration and possible recommendation to approve an agreement with Allwaste Walker (contract # 22-0052-SC) for the transportation and disposal of water and wastewater treatment sludges in the approximate amount of $750,000.00 annually; additionally, to authorize the City Manager to execute renewals of the agreement and conditions for up to (3) three additional one-year terms for a total cost not to exceed $3,000,000.00. – Mike D. Welch, Water and Wastewater Treatment Manager Motion by Garner, seconded by Geiselbrecht to approve an agreement with Allwaste Walker (contract # 22-0052-SC) for the transportation and disposal of water and wastewater treatment sludges in the approximate amount of $750,000.00 annually; additionally, to authorize the City Manager to execute renewals of the agreement and conditions for up to (3) three additional one - year terms for a total cost not to exceed $3,000,000.00. Approved 5-0-0. K Consideration and possible recommendation to approve agreements with the listed vendors for the Page 7 of 80 provision and delivery of water and wastewater treatment chemicals in the approximate noted amounts, and including a 10% contingency, totaling $730,000.00 annually; additionally, to authorize the City Manager to execute renewals of the agreements and conditions for up to (3) three additional one-year terms. – Michael D Welch, Water and Wastewater Treatment Manager Motion by Geiselbrecht, seconded by Garner to approve agreements with the listed vendors for the provision and delivery of water and wastewater treatment chemicals in the approximate noted amounts, and including a 10% contingency, totaling $730,000.00 annually; additionally, to authorize the City Manager to execute renewals of the agreements and conditions for up to (3) three additional one -year terms. Approved 5-0-0. L Consideration and possible recommendation to approve an agreement with Brenntag Southwest for the provision and delivery of Aqualum Polymer Blend 3012 for water treatment in the approximate amount of $106,315.00 annually; additionally, to authorize the City Manager to execute renewals of the agreements and conditions for up to (4) four additional one-year terms.-- Michael D Welch, Water and Wastewater Treatment Manager Motion by Garner, seconded by Morrison to approve an agreement with Brenntag Southwest for the provision and delivery of Aqualum Polymer Blend 3012 for water treatment in the approximate amount of $106,315.00 annually; additionally, to authorize the City Manager to execute renewals of the agreements and conditions for up to (4) four additional one-year terms. Approved 5- 0-0. M Consideration and possible recommendation to approve Task Order CDM-22-003 with CDM Smith, Inc. professional services related to the Pecan Branch WWTP TPDES Permit Amendment or New Permit in the amount of $52,200.00. -- Wesley Wright, P.E., Systems Engineering Director/Chris Pousson, CIP Manager Some questions/discussion which Woelke of CDM spoke to. Motion by Morrison, seconded by Garner to approve Task Order CDM-22-003 with CDM Smith, Inc. professional services related to the Pecan Branch WWTP TPDES Permit Amendment or New Permit in the amount of $52,200.00. Approved 5-0-0. N Consideration and possible recommendation to award Task Order TCI-22-002 to Terracon Consultants, Inc., of Austin, Texas, for materials testing and inspection services for the South Lake Water Treatment Plant in the amount of $259,888.00. – Wesley Wright, P.E., Systems Engineering Director/Chris Pousson, CIP Manager Motion by Garner, seconded by Geiselbrecht to approve Task Order TCI-22-002 to Terracon Consultants, Inc., of Austin, Texas, for materials testing and inspection services for the South Lake Water Treatment Plant in the amount of $259,888.00. Approved 5-0-0. O Consideration and possible recommendation to approve Task Order CDM-22-004 with CDM Smith, Inc. professional services related to the Wastewater Improvements for South Lake Water Treatment Plant project in the amount of $1,872,789.00. -- Wesley Wright, P.E., Systems Engineering Director/Chris Pousson, CIP Manager Motion by Geiselbrecht, seconded by Morrison to approve Task Order CDM-22-004 with CDM Smith, Inc. professional services related to the Wastewater Improvements for South Lake Water Treatment Plant project in the amount of $1,872,789.00. Approved 5-0-0. P Consideration and possible recommendation to approve a contract to PLW Waterworks, LLC of The Woodlands, TX for the construction of the South Lake Water Treatment Plant in the amount of $175,284,946.00. -- Wesley Wright, P.E., Systems Engineering Director/Chris Pousson, CIP Manager Motion by Morrison, seconded by Geiselbrecht to approve a contract to PLW Waterworks, LLC of The Woodlands, TX for the construction of the South Lake Water Treatment Plant in the amount of $175,284,946.00. Approved 5-0-0. Page 8 of 80 Adjournment Motion by Garner, seconded by Morrison to adjourn. Adjourned at 4:02PM. __________________________ _____________________________ Scott Macmurdo – Board Chair Tina Geiselbrecht – Secretary _________________________________ Sheila K. Mitchell, Interim Water Board Liaison Page 9 of 80 City of Georgetown, Texas Water Utility Board April 14, 2022 S UB J E C T: C onsideration and pos s ible rec ommendation to approve an agreement (22-0068-G C ) with DP C Indus tries for the provision and delivery of 12.5% S odium Hypoc hlorite (Bleach) for Water and Was tewater Treatment in an amount not to exceed $1,306,663.00 annually; additionally, to authorize the C ity Manager to exec ute renewals of the agreement for up to (4) four additional one-year terms . -- Michael D. Welch, Water and Was tewater Treatment Manager IT E M S UMMARY: T he purpos e of this c ontract will be to provide delivery of Bleac h to the C ity of G eorgetown’s Water and Wastewater Treatment F ac ilities. T he lis ted vendor was the s ingle / low bidder. T he services are to begin May 28. S P E C IAL C O N S ID E R AT ION S : Demand varies with water and was tewater usage. T his c hemic al is required for disinfection as part of treatment proc es s es in ac cordance with s tric t s tate and federal guidelines. S TAF F R E C O MME N D AT IO N: S taff recommends awarding the provision and delivery of bleac h to DP C Indus tries in the amount of $1,306,663.00. F IN AN C IAL IMPAC T: F unds for this expenditure will impact the Water S ervices Budget. C os t for the produc t more than doubled s inc e the las t s olicitation. Budget amendment for F Y22 and service level request F Y23 will be reques ted. Cost Centers S pend Category F Y22 Budgeted 660-0529, Water Treatment 660-0531, Was tewater Treatment C hemic als $865,000 S UB MIT T E D B Y: Mic hael D. Welc h, Water and Wastewater Treatment Manager/skm AT TAC H ME N T S: Description Type 22-0068-GC - DPC Ind SODIUM HYPOCHLORITE 12.5 Backup Material Page 10 of 80 CO N T R A C T R O U T I N G F O R M Contract No.__________________ Project No.________ Bid No._________ RFP No._________ New Contract Renewal Change Order Amendment Assignment Other NAME OF CONTRACTOR: CONTRACT DESCRIPTION: CONTRACT VALUE: GL ACCOUNT NO: GRANT FUNDED: NO YES If YES, Grant No. SIGNATURES RECOMMENDING APPROVAL _______________________________________________ ___3/21/22______________ PURCHASING/CONTRACT COORDINATOR DATE _______________________________________________ ________________________ LEGAL DEPARTMENT DATE _______________________________________________ ________________________ DIRECTOR ADMINISTERING CONTRACT DATE (greater than $10,000) APPROVED and EXECUTED _______________________________________________ _______________________ DIRECTOR ADMINISTERING CONTRACT DATE ($10,000 or less) _______________________________________________ _______________________ CITY MANAGER/ASST CITY MANAGER DATE ($50,000 or less) _______________________________________________ _______________________ MAYOR/CITY SECRETARY ATTESTS (if applicable) DATE FINAL PROCESSING _______________________________________________ ________________________ PURCHASING DATE for Purchasing Use Only Insurance Certificates: attached Performance Bond: Payment Bond: Form 1295: 2022-854363 For City Secretary Use Only Originals sent to CSO: Scanned into Laserfiche/Global: Council Date: Item No.: Page 11 of 80 WATER AND WASTEWATER TREATMENT CHEMICALS ITB No. 202205 INVITATION TO BID COMMODITIES Due: March 4, 2022 3PM CITY OF GEORGETOWN 300-1 Industrial Ave PO Box 409 Georgetown, TX 78626 Georgetown, TX 78627 Page 12 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 2 TABLE OF CONTENTS INTRODUCTION ..................................................................................................... X DEFINITIONS ....................................................................................................................................... 3 NOTICE TO BIDDERS .......................................................................................................................... 5 STANDARD TERMS and CONDITIONS .................................................................................................... 6 SPECIAL TERMS and CONDITIONS ....................................................................................................... 18 SPECIFICATIONS .................................................................................................................................. 22 BID FORM ............................................................................................................................................ 26 CERTIFICATION and ACKNOWLEDGMENTS ......................................................................................... 28 ESTIMATED ANNUAL QUANTITIES ........................................................................................... EXHIBIT 1 PHYSICAL ADDRESSES FOR LOCATIONS ................................................................................... EXHIBIT 2 INTRODUCTION Bids are solicited for Water and Waste-Water Treatment Chemicals with the following definitions, terms and conditions of bidding. A. NOTICE Sealed bids are due at 3:00 p.m. on March 4, 2022, after which time all qualified bids will be opened and publicly read aloud at 300-1 Industrial Ave, Georgetown, Texas 78627. Bids received after the specified deadline will be returned unopened. B. RECEIPT OF BIDS 1. Electronic Sealed Bids. Electronic Sealed Bids shall be submitted through the City’s web site at: https://georgetown.ionwave.net/Login.aspx. All interested Bidders are required to register as a “supplier” on the City’s E-bid System at the above web address and clicking on “Supplier Registration”. Registration provides automatic access to the solicitation and its documents (specifications, attachments, exhibits), and for any changes to the solicitation including change(s) to the submission time and date. Electronic Bids shall be uploaded in the E-bid system and electronically submitted Electronic Bids must be received prior to the time and date specified in the City’s E-bid System.; the Bidder shall ensure that the Bid was properly uploaded and submitted in the Page 13 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 3 System. The time Bids are received shall be determined by the electronic clock in the City’s E-bid System. NOTE: Bid opportunities are posted and available to download on the City of Georgetown’s On-Line Bidding System at https://gtowntx.ionwave.net/CurrentSourcingEvents.aspx. Vendors may receive notice of bids from the City of Georgetown from a variety of channels. Approved methods of dissemination include: City of Georgetown website or the City of Georgetown Purchasing Office. The receipt of solicitations through any other means may result in the receipt of incomplete specifications or addenda which could ultimately render your bid non-compliant. City of Georgetown accepts no responsibility for the receipt or notification of solicitations through any other source. C. QUESTIONS and INQUIRIES Questions and inquiries about this Solicitation shall be submitted in writing to the following individual: Conner McGowan Buyer conner.mcgowan@georgetown.org The deadline for written questions is February 28, 2022, at @ 5:00 p.m. D. SCHEDULE OF IMPORTANT DATES The tentative schedule for this Solicitation is as follows: Release ITB to Vendors February 17, 2022 Advertisement Dates February 20 & 27, 2022 Deadline for Questions and Inquiries 5PM CST February 28, 2022 ITB Due Date 3PM CST March 4, 2022 Earliest Award by City March 22, 2022 DEFINITIONS The following definitions shall be used to identify terms throughout this invitation to bid: A. AGREEMENT/CONTRACT A mutually binding legal document obligating the Vendor to furnish the goods or equipment specified within this solicitation and obligating the City to pay for the goods or equipment as specified. This may be an authorized purchase order. B. BID/RESPONSE/OFFER/QUOTATION A complete, properly signed response to this solicitation that, if accepted, would bind the Respondent to perform the resulting contract. Page 14 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 4 C. BIDDER/RESPONDENT/OFFERER The Respondent identified throughout the solicitation that they consider themselves qualified to provide the goods or equipment specified herein, and are interested in making an offer to provide the goods or equipment to the City. D. CITY The City of Georgetown, located in Williamson County, Texas. E. CITY COUNCIL – The elected officials of the City of Georgetown, Texas given the authority to exercise such powers and jurisdiction of all City business as conferred by the City Charter and State Constitution and Laws. F. GOODS Materials, supplies, commodities and/or equipment. G. PIGGYBACK CONTRACT A contract or agreement that has been competitively bid in accordance with State of Texas statutes, rules, policies and procedures and has been extended for the use of state and local agencies that have entered (or will) into an Interlocal Agreement with the City. H. PURCHASE ORDER A purchase order (PO) is a document issued to a specific vendor by Purchasing staff setting forth the descriptions, quantities, prices, discounts, payment terms, date of performance or shipment, and other related terms and conditions. Acceptance of a purchase order by a vendor forms an agreement between the buyer and seller, and no agreement exists until the purchase order is accepted. A purchase order records the financial obligation of the City to pay for goods or services properly received; therefore, a purchase order is also required for all contracts with an expenditure of funds entered into by the City Manager or City Council. I. SOLICITATION/INVITATION TO BID This Solicitation document issued by the City containing terms, conditions and specifications for the goods or equipment to be procured. J. VENDOR/CONTRACTOR Person or business enterprise providing goods or equipment to the City as fulfillment of obligations arising from an agreement or purchase order. Page 15 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 5 INSTRUCTIONS TO BIDDERS Qualified bidders interested in responding to this Solicitation must submit the following information as part of their bid response. Failure to provide any information requested in this Solicitation may result in disqualification of the bid response. A. FORMS All Responses must be submitted on the form(s) provided by the City, and accompanied by all required attachments. All figures must be written in ink or typewritten. Mistakes may be crossed out, corrections inserted adjacent thereto and initiated in ink by the person certifying the bid. B. CERTIFICATION This Solicitation includes a certification page. Respondent must: 1. Furnish complete name, mailing address, telephone number and email of the individual duly authorized to execute contractual documents on behalf of the Respondent. 2. Furnish name of individual(s), along with respective telephone numbers and email addresses, who will be responsible for answering all questions. 3. Certify that they have not conspired with any other potential Respondents in any manner to attempt to control competitive pricing. 4. Certify that they are duly qualified, capable and otherwise bondable business entity not in receivership or contemplating same and has not filed bankruptcy. C. DISCLOSURE OF CONFLICT OF INTEREST Effective January 1, 2006, Chapter 176 of the Texas Local Government Code (House Bill 914) requires that any Bidder or person considering doing business with a local government entity disclose the Bidder or person's affiliation or business relationship that might cause a conflict of interest with a local government entity. The Conflict of Interest Questionnaire form is available from the Texas Ethics Commission at www.ethics.state.tx.us. Any completed Conflict of Interest Questionnaires shall be submitted to the City. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may automatically result in the disqualification of the Bidder's offer. D. DISCLOSURE OF INTERESTED PARTIES Contracting hereunder may require compliance with §2252.908 Texas Government Code/Disclosure of Interested Parties for contracts that (1) require an action or vote by the City Council before the contract may be signed; or (2) has a value of at least $1 million. The law provides that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity or state agency. The process as implemented by the Texas Ethics Commission (“TEC”) is as follows: 1. The disclosure of interested parties must be performed using the Texas Ethics Commission’s electronic filing application listing each interested party of which the Page 16 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 6 business entity is aware on Form 1295, obtaining a certification of filing number for this form from the TEC, and printing a copy of it to submit to the City. 2. The copy of Form 1295 submitted to the City must be notarized and contain the unique certification number from the TEC. The form must be filed with the City pursuant to §2252.908 Texas Government Code, “at the time the business entity submits the signed contract” to the City. The City, in turn, will submit a copy of the disclosure form to the TEC not later than the 30th day after the date the City receives the disclosure of interested parties from the business entity. E. EXCEPTIONS Any deviations from terms, conditions or specifications contained herein must be clearly indicated in the Response to this Solicitation in writing at or before the due date and time. Any deviations or exceptions are subject to review by the City and may deem the Response disqualified or non-responsive. If no exceptions are stated, it will be understood that all general terms and conditions and specific requirements will be complied with, without exception. F. TAX EXEMPT Respondents bid prices must be net, exclusive of taxes. The City is exempt from State Retail Tax and Federal Excise Tax. STANDARD TERMS and CONDITIONS A. ACCEPTANCE Upon acceptance and approval by the City Council, or their designee, this bid effects a working contract between the City and the successful Vendor. A City of Georgetown Purchase Order is required prior to the delivery of any goods or services provided to the City. B. ABSENCE of PURCHASE ORDER or AGREEMENT The City is not responsible for delivery of any commodities, equipment, or services without a proper Purchase Order. C. ADDENDA If it becomes necessary to revise any part of this Invitation to Bid prior to the due date and time, a written addendum will be provided to all Bidders. The City is not bound by any oral representations, clarifications, or changes made in the written specification by the City’s employees, unless such clarification of change is provided to Bidders in written addendum form from the Purchasing Department. Addenda will be transmitted by electronic means to all registered Bidders in the City’s E-bid system that are known to have downloaded a copy of the bid documents and specifications from the City’s E-bid system. However, it shall be the sole responsibility of the Bidder to verify issuance of any addenda and to check all avenues of document availability prior to the opening date and time. Bidder shall provide written acknowledgment of all addenda. D. ADVERTISING and PUBLICITY Page 17 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 7 Vendor shall not advertise or otherwise publicize, without the City’s prior written consent, the fact that the City has entered into the Agreement, except to the extent required by applicable law. E. ASSIGNMENTS The Agreement shall be binding upon and inure to the benefit of the City and the Vendor, and their respective successors and assignees, provided however, that no right or interest in the Agreement shall be assigned and no obligation shall be delegated by the Vendor without the prior written consent of the City. Any attempted assignment or delegation by the Vendor shall be void unless made in conformity with this Paragraph. The Agreement is not intended to confer any rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there be no third-party beneficiaries to the Agreement. F. AWARD of CONTRACT A Contract may be awarded to either the lowest responsible bidder or the bidder who provides goods or services at the best value for the City. In determining the best value for the City, the City may consider, but is not necessarily limited to, the following factors: 1. conformity to specifications; 2. the purchase price, including payment discount terms; 3. the reputation of the bidder and of the bidder's goods or services; 4. the quality of the bidder's goods or services; 5. the extent to which the goods or services meet the City's needs; 6. the bidder's past relationship with the City; 7. the impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; 8. delivery terms; 9. payment terms; 10. financial condition; 11. the total long-term cost to the City to acquire the bidder's goods or services; and 12. any relevant criteria specifically listed in this request for bid. Although the cost of products to be provided is an essential part of the Bid, the City is not obligated to award a contract on the sole basis of cost. G. BUSINESS PRACTICES Minority business enterprises and/or historically underutilized businesses will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, creed, sex, national origin, or any protected class in consideration for an award. H. CANCELLATION or TERMINATION 1. Termination For Cause: In the event of default by the Vendor, the City shall have the right to terminate the Agreement for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Vendor, within such ten (10) day period cures such default, or provides evidence sufficient to prove to the City’s satisfaction that such Page 18 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 8 default does not, in fact, exist. In addition to any other remedies available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses incurred by the City as a result of the Vendor’s default, including without limitation, cost of cover, reasonable attorneys’ fees, court costs and prejudgment and post-judgment interest at the maximum lawful rate. Additionally, in the event of default by the Vendor, the City may remove the Vendor from the City’s Vendor List and any Offer submitted by the Vendor may be disqualified for up to three (3) years. All rights and remedies under the Agreement are cumulative and not exclusive of any other right or remedy provided by law. 2. Termination Without Cause: The City shall have the right to terminate the Agreement, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written notice. Upon receipt of a notice of termination, the Vendor shall promptly cease all further work pursuant to the Agreement, with such exceptions, if any, specified in the notice of termination. The City shall pay the Vendor, to the extent of funds appropriated or otherwise legally available for such purposes, for all goods delivered and obligations incurred prior to the date of termination in accordance with the terms hereof. 3. Non-Appropriation: The resulting Agreement is a commitment of the City’s current revenues only. It is understood and agreed that the City shall have the right to terminate the Agreement if, for any reason, funds are not appropriated to continue this Agreement. 4. Cancellation: The City reserves the right to cancel the Agreement for default for all or any part of the delivered portion of the deliverables if the Vendor breaches any term hereof including warranties or becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any remedies which the City may have in law or in equity. I. CLAIMS If a claim, demand, suit or other action is asserted against the Vendor which arises under or concerns the Agreement, or which could have a material adverse effect on the Vendor’s ability to perform thereunder, the Vendor shall give written notice to the City within ten (10) calendar days after receipt of notice by the Vendor. Such notice to the City shall state the date of notification of any such claim, demand, suit or other action; the names and address of the claimant(s); the basis thereof; and the name of each person against whom such claim is asserted. Such notice shall be delivered to the Purchasing Department as set forth below and to the City Attorney at PO Box 409, Georgetown, TX 78627. J. CODES, PERMITS, LICENSES Vendor shall comply with all federal, state and local standards, codes and ordinances, as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. Vendor shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations to the City. K. COLLUSION Advanced disclosures of any information to any particular bidder which gives that particular bidder any advantage over any other interested bidder in advance of the opening of bids, Page 19 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 9 whether in response to advertising or an informal request for bids, made or permitted by a member of the governing body or an employee or representative thereof, will cause to void all responses to that particular bid solicitation or request. L. COMMUNICATION To ensure the proper and fair evaluation of this bid, the City prohibits ex parte communication (e.g., unsolicited) initiated by the Respondent to the City Official or Employee evaluating or considering the Responses prior to the time an award has been made. Communication between Respondents and the City will be initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the Bid. Ex parte communication may be grounds for disqualifying the offending Respondent from consideration or award of the Bid then in evaluation, or any future Solicitation. Unless otherwise specified, all requests for clarification or questions regarding a Solicitation must be directed to the City of Georgetown Purchasing Office, Attn.: Buyer, PO Box 409, 300-1 Industrial Avenue, Georgetown, TX 78627, 512-930-6685, FAX: 512-930-9027, purchasing@georgetown.org. M. CONFIDENTIALITY In order to provide the deliverables to the City, Vendor may require access to certain of the City’s and/or its licensors’ confidential information (including, but not limited to, inventions, employee information, trade secrets, confidential know-how, confidential business information and other information which the City or its licensors consider confidential)(collectively, “Confidential Information”). Vendor acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors, and any unauthorized use, disclosure, dissemination or other release of the Confidential Information will substantially injure the City and/or its licensors. The Vendor (including its employees, subcontractors, agents or representatives) agrees that it will maintain the Confidential Information in strict confident and shall not disclose, disseminate, copy, divulge, recreate or otherwise use the Confidential Information without the prior written consent of the City, or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or as a result of an order of any court or other governmental authority with proper jurisdiction, provided the Vendor promptly notifies the City prior to disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Vendor agrees to use protective measures no less stringent than the Vendor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. N. DEFAULT Vendor shall be in default under the Agreement if the Vendor (a) fails to fully, timely and faithfully perform any of its material obligations under the Agreement, (b) fails to fully, timely and faithfully perform any of its material obligations under any agreement Vendor has with the City, (c) fails to timely pay any fees or taxes owed to the City, (d) becomes insolvent or seeks relief under the bankruptcy laws of the United States, or (e) makes a material misrepresentation in Vendor’s bid, or in any report or deliverable required to be submitted by Vendor to the City. Page 20 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 10 A Vendor who abandons or defaults the work on the Agreement and causes the City to purchase the goods or services elsewhere may be charged the difference in cost of the goods or service if any and may not be considered in the re-advertisement of the service and may be rejected as an irresponsible bidder and not considered in future Solicitations for the same type of service unless the scope of work is significantly modified. O. DELAYS The City may delay scheduled delivery or other due dates by written notice to the Vendor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Agreement, the City and the Vendor shall negotiate an equitable adjustment for costs incurred by the Vendor in the Agreement price and execute an amendment to the Agreement. The Vendor must assert its right to an adjustment within ten (10) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution Process specified herein. However, nothing in this provision shall excuse the Vendor from delaying the delivery as notified. P. DISCLOSURE OF PENDING LITIGATION: Each Respondent shall include in its bid a complete disclosure of any material civil or criminal litigation or pending investigation which involves the Respondent or in which the Respondent has been judged guilty. Q. DISPUTE RESOLUTION If either the Vendor or the City has a claim, dispute or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute or breach. The notice shall state the nature of the dispute and list the party’s specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, in person or through generally accepted means, to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with, this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation upon written consent of authorized representatives of both parties in accordance with the Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. R. EFFECTIVE DATE and TERM This Bid shall be effective upon Acceptance and issuance of a City Purchase Order and shall continue in effect until all obligations are performed in accordance with the terms and conditions herein. S. FORCE MAJEURE Neither party shall be liable for any default or delay in the performance of its obligations under this Agreement if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond reasonable control. In the event of default or delay in performance due to any of the Page 21 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 11 foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. T. FORMS All Responses must be submitted on the form(s) as required by the City and accompanied by all required attachments. U. FRAUD Fraudulent statements by the Vendor on any bid or in any report or deliverable required to be submitted by the Vendor to the City shall be grounds for termination of the Agreement for cause by the City and may result in legal action. V. GRATUITIES The City may, by written notice to the Vendor, cancel the Agreement without liability if it is determined by the City that gratuities were offered or given by the Vendor or any agent or representative of the Vendor to any officer or employee of the City with the intent of securing the Agreement or securing favorable treatment with respect to awarding or amending or the making of any determinations with respect to performance of the Agreement. In the event the Agreement is cancelled by the City pursuant to this Section, the City shall be entitled, in addition to any other rights and remedies, to recover the benefits or payments to the Vendor, as a result of the gratuities. W. INDEPENDENT CONTRACTOR Nothing in this bid is intended to be construed as creating an employer/employee relationship, a partnership or joint venture. The Vendor’s services shall be those of an independent contractor. The Vendor agrees and understands that the Agreement does not grant any rights or privileges established for employees of the City. Vendor shall not be within protection or coverage of the City’s Worker Compensation Insurance, Health Insurance, Liability Insurance or any other insurance that the City, from time to time, may have in force. X. INDEMNITY VENDOR SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LEGAL PROCEEDINGS, CAUSES OF ACTION, CLAIMS, DEMANDS, DAMAGES, JUDGMENTS, LOSSES, LIENS, COSTS, EXPENSES, ATTORNEYS’ FEES AND ANY AND ALL OTHER COSTS, FEES AND/OR CLAIMS OF ANY KIND OR DESCRIPTION ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THE AGREEMENT OR THE GOODS OR SERVICES PROVIDED UNDER THE AGREEMENT. IF THE VENDOR AND THE CITY ARE CONCURRENTLY NEGLIGENT, EACH PARTY’S LIABILITY SHALL BE LIMITED TO THAT PORTION OF NEGLIGENCE ATTRIBUTABLE TO IT AS DETERMINED UNDER THE APPLICABLE PROPORTIONATE RESPONSIBILITY RULES OF THE STATE OF TEXAS. Y. INFRINGEMENT Vendor represents and warrants to the City that: (a) Vendor shall provide the City good and indefeasible title to the deliverables and (b) the deliverables supplied by the Vendor in accordance with the specifications of the Agreement shall not infringe, directly or contributory, any patent, trademark, copyright, trade secret or any other intellectual property right of any kind Page 22 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 12 of any third party; that no claims have been made by an person or entity with respect to the ownership or operation of the deliverables and the Vendor does not know of any basis for any such claims. Vendor shall, at its sole expense, defend, indemnify and hold the City harmless from and against all liability, damages and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (a) any claim that the City’s exercise anywhere in the world of the rights associated with the City’s ownership, and if applicable, license rights, and its use of the deliverable infringes the intellectual property rights of any third party; or (b) Vendor’s breach of any of the Vendor’s representations or warranties stated in this Agreement. In the event of any such claim, the City shall have the right to monitor such claim or, at its option, engage its own separate counsel to act as co-counsel on the City’s behalf. Further, Vendor agrees that the City’s specifications regarding the deliverables shall in no way diminish Vendor’s warranties or obligations under this Paragraph, and the City makes no warranty that the products, development or delivery of such deliverables will not impact such warranties of Vendor. Z. INSURANCE REQUIREMENTS Upon request, Vendor shall provide a copy of its insurance policies to the City. AA. INTERLOCAL AGREEMENT Other governmental entities may be extended the opportunity to purchase from Solicitations awarded by the City, with the consent and agreement of the successful Vendor(s) and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in Vendor’s Response. However, all parties indicate their understanding and all parties hereby expressly agree that the City is not an agent of, partner to or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that arise out of such independently negotiated piggyback procurements. BB. INTERPRETATION The Agreement is intended by both parties as the final, complete and exclusive statement of the terms of their Agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Agreement. Although the Agreement may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner fair to both parties, reading no provision more strictly against one party of the other. Whenever a term defined by the Uniform Commercial Code (the “UCC”), as enacted by the State of Texas, is used in the Agreement, the UCC definition shall control unless otherwise defined in the Agreement. CC. INVALIDITY The invalidity, illegality or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace the stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being void should a provision which is the essence of the Agreement be determined to be void. DD. LIABILITY Page 23 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 13 Any person, firm or corporation party to this Agreement or Purchase Order shall be liable for all damages incurred while in the performance of the Agreement. Vendor assumes full responsibility for the terms contained herein and hereby releases, relinquishes, and discharges the City, its officers, agents and employees from all claims, demands and causes of action of any nature including the cost of defense thereof, for any injury to, including death of, any person whether that person be a third party, supplier or an employee of either of the parties hereto, and any loss of or damage to property, whether the same be that of either of the parties, caused by or alleged to have been caused by, arising out of or in connection with the issuance of the Agreement or Purchase Order to the Vendor and the negligence of the Vendor, whether or not said claims, demands and causes of action in whole or in part are covered by insurance. Certificates of insurance may be required for, but not limited to, Commercial General Liability, Business Auto Liability, Workers Compensation and Professional Liability Insurance. EE. LIENS Vendor shall defend, indemnify and hold the City harmless from and against any and all liens and encumbrances for all goods and equipment provided under this Agreement. At the City’s request, the Vendor or its subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. FF. MANAGEMENT Should there be a change in ownership or management, the Agreement may be canceled unless a mutual Agreement is reached with the new owner to continue the Agreement with its present terms, conditions and pricing. The Agreement is nontransferable by either party. GG. NOTICES Unless otherwise specified, all notices, requests or other communications required or appropriate to be given under the Agreement shall be in writing and deemed delivered three (3) business days after postmarked if sent by US Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, fax, or other commercially accepted means. Notices to the Vendor shall be sent to the address specified in the Vendor’s bid or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to: City of Georgetown, Purchasing Office, PO Box 409, Georgetown, TX 78627 and marked to the attention of the Buyer. HH. OVERCHARGES Vendor hereby assigns to the City any and all claims for overcharges associated with this Agreement which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and/or which arise under the antitrust laws of the State of Texas, Business and Commerce Code Ann., Section 15.01, et seq. II. PAYMENT TERMS 1. Tax Exempt Status: The City is exempt from all federal excise, state and local taxes unless otherwise stated in this document. The City claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates are furnished upon Page 24 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 14 request. Vendor will not charge for such taxes. If billed, the City will not remit payment until a corrected invoice is received. 2. Invoicing Requirements: Unless otherwise specified, all invoices shall be submitted to City of Georgetown, Accounts Payable, PO Box 409, Georgetown, TX 78627, and issued as required by the Purchase Order or Agreement. Each invoice must reference the unique Purchase Order number, and include the Vendor’s complete name and remit to address. If applicable, transportation and delivery charges must be itemized on each invoice. A copy of the bill of lading and the freight waybill must be submitted with the invoice if applicable. 3. Payments by Electronic Funds Transfer: In an effort to expedite Vendor payments and improve efficiency by eliminating paper checks, the City of Georgetown’s preferred method is to send payments electronically via Automated Clearing House (ACH). If the Vendor would like to receive payments electronically, the Vendor may request an ACH Form from Accounts Payable at AP@Georgetown.org. 4. Payment Terms: All payments will be processed in accordance with Texas Prompt Payment Act, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after acceptance of goods, supplies, materials, equipment or the day of performance of services was completed, or the day of receipt of a correct invoice for goods, supplies, materials, equipment or services, whichever is later. The Vendor may charge a late fee (fee shall not be greater than that permitted under the Texas Prompt Payment Act) for payments not made in accordance with this prompt payment policy; however, the policy does not apply to payments made by the City in the event: (a) there is a bona fide dispute between the City and Vendor concerning the goods, supplies, materials, equipment delivered, or the services performed, that causes the payment to be late; (b) the terms of a federal agreement, grant, regulation or statute prevents the City from making a timely payment with Federal funds; (c) there is a bona fide dispute between the Vendor and a subcontractor and its suppliers concerning goods, supplies, material or equipment delivered, which caused the payment to be late; or (d) the invoice is not mailed to the City in strict accordance with instructions on the Purchase Order or Agreement, or other such contractual agreement. 5. Right To Audit: The Vendor agrees that the representatives of the City shall have access to, and the rights to audit, examine, or reproduce, any and all records of the Vendor related to the performance under this Agreement. The Vendor shall retain all such records for a period of four (4) years after final payment on this Agreement or until all audit and litigation matters that the City has brought to the attention of the Vendor are resolved, whichever is longer. The Vendor agrees to refund to the City any overpayments disclosed by any such audit. 6. Firm Pricing: The price shall remain firm for the duration of the Purchase Order or Contract, or extension periods. No separate line item charges shall be permitted for either bidding or invoice Page 25 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 15 purposes, which shall include equipment rental, demurrage, fuel surcharges, delivery charges, and costs associated with obtaining permits or any other extraneous charges. Vendor further certifies that the prices in the bid have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. 7. Price Warranty: The Vendor warrants the prices quoted are not materially higher than the Vendors current prices on orders by others for like deliverables under similar terms of purchase. In addition to any other remedy available, the City may deduct from any amounts owed to the Vendor, or otherwise recover, any amounts paid for items materially in excess of the Vendor’s current prices on orders by others for like deliverables under similar terms of purchase. JJ. PERSONAL INTEREST No officer, employee, independent consultant or elected official of the City who is involved in the development, evaluation or decision-making process of this Solicitation shall have a financial interest, direct or indirect, in the resulting Agreement. Any willful violation of this Paragraph shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. In the event a member of the governing body or an appointed board or commission of the City belongs to a cooperative association, the City may purchase equipment or supplies for the association only if no member of the governing body, board or commission will receive pecuniary benefit from the purchase, other than as reflected as in increase in dividends distributed generally to members of the association. Any violation of this provision with the knowledge, expressed or implied, by the Vendor shall render the Agreement voidable by the City. Nevertheless, the City may obtain the equipment or service if a conflict of interest affidavit is filed and the Council member recuses his/herself. KK. PRIORITY OF DOCUMENTS In the event there are inconsistencies between the general provisions and special (or other) terms and conditions contained herein, the latter will take precedence. LL. PROTEST PROCEDURES 1. Bidders are advised that protests of specifications, terms, conditions or any other aspect of this solicitation, must be made prior to the bid due date. Protest of specifications and solicitation terms and conditions made after the due date and time will not be considered by the Buyer. 2. Protest of award must be made immediately, and in no event later than five (5) days after the aggrieved party knows, or should have known, the facts giving rise thereto. All protests must include the following information: • The name, address and telephone number of the protestor. • The signature of the protestor or protestor’s representative. • The solicitation or contract number. • A detailed statement of the legal and/or factual ground of the protest. • The form of relief/result requested. Page 26 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 16 Protests shall be emailed or mailed to the Purchasing Department, P.O. Box 409, Georgetown, TX 78627, Attention: Buyer. Award will be made in the best interest of the City. LL. PUBLIC INFORMATION All Responses are subject to release as public information unless the Response or specific parts of the Response can be shown to be exempt from the Texas Public Information Act. Respondents are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information. The City assumes no obligation or responsibility for asserting legal arguments on behalf of potential Respondents. If a Respondent believes that a Response or parts of a Response are confidential, then the Respondent shall so specify. The Respondent shall stamp in bold red letters the term "CONFIDENTIAL" on that part of the Response, which the Respondent believes to be confidential. Vague and general claims as to confidentiality shall not be accepted. All Responses and parts of Responses that are not marked as confidential will be automatically considered public information. MM. REIMBURSEMENTS There is no expressed or implied obligation for the City of Georgetown to reimburse responding firms for any expenses incurred in preparing bids in response to this Invitation to Bid and the City will not reimburse responding firms for these expenses, nor will the City pay any subsequent costs associated with the provision of additional information or presentation, or to procure a contract for these goods or services. NN. RESERVATIONS The City reserves the right to request clarification or additional information specific to any response after all Responses have been received and the Solicitation due date has passed. Additionally, the City reserves the right to accept or reject all or part of any Response, waive any formalities or technical inconsistencies, delete any requirement or specification from the Solicitation, or terminate the Solicitation when deemed to be in City’s best interest. OO. RESPONSES BECOME PROPERTY OF THE CITY: Submissions received in response to a Solicitation become the sole property of the City. PP. RIGHT TO ASSURANCES In the event the City, in good faith, has reason to question the intent of the Vendor to perform, the City may demand written assurances of the intent to perform. In the event no written assurance is given within the time specified, the City may treat this failure as an anticipatory repudiation of the Agreement. QQ. SEVERABILITY The invalidity or unenforceability of any provision herein shall not affect the validity or enforceability of any other provision. RR. SURVIVABILITY OF OBLIGATIONS All provisions of the Agreement that impose continuing obligations on the parties, including but not limited to the warranty, indemnity and confidentiality obligations of the parties, shall survive the expiration or termination of the Agreement. Page 27 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 17 SS. VENDOR’S OBLIGATION: Vendor shall fully and timely provide all deliverables described in this Solicitation, Vendor’s bid must be in strict accordance with the terms, covenants and conditions of the Agreement and all applicable federal, state and local laws, rules and regulations. TT. VENUE This Agreement is made under and shall be governed by the laws of the State of Texas, including when applicable, the UCC as adopted in Texas, VTCA, Business & Commerce Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. This Agreement is fully performable in Georgetown, Texas, and the venue for any action related to this Agreement shall be Georgetown, Texas. All issues arising from this Agreement shall be resolved in the courts of Williamson County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or the ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein and does not waive the City’s defense of sovereign immunity. UU. WAIVER No claim or right arising out of a breach of the Agreement can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Vendor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Agreement, or an express or implied acceptance of any other existing or future default(s), whether of similar or different character. VV. WITHDRAWAL Respondents may request withdrawal of a sealed bid prior to the scheduled bid opening time, provided the request for withdrawal is submitted to Purchasing in writing. WW. WITHDRAWAL by CITY The City makes no guarantees or representations that any award will be made and reserves the right to cancel this solicitation for any reason, including: • Reject any and all bids received as a result of this ITB. • Waive or decline to waive any informality and any irregularities in any bid or responses received. • Withhold the award of contract(s). • Select Bidder(s) that provide the best value to the City. • Terminate the ITB process. Page 28 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 18 SPECIAL TERMS AND CONDITIONS A. TERM OF AGREEMENT 1. Original Term: The initial term of the agreement shall become effective from date of acceptance and approval by the City of Georgetown and shall remain in full force and effect with firm fixed prices through the following year. 2. Renewal Term: Upon completion of the term of the original agreement and upon mutual agreement of both parties, the original agreement may be renewed for up to four (4) additional one (1) year periods. The renewal will be under the same terms and conditions as the original agreement; provided, however, that the unit prices proposed under the original agreement may, by mutual consent, be increased pursuant to any escalation/de-escalation provisions provided herein. In the event a new agreement cannot be executed at the anniversary date of the original term or any renewal term, the agreement may be renewed month-to-month until a new agreement is executed. B. ESCALATION/DE-ESCALATION The unit prices of all goods are firm for the initial term of the original agreement. If the option to renew for additional one-year term(s) is exercised by the City, the City may allow a unit price adjustment at the time of renewal. The Vendor may request unit price adjustments when correlated with the Consumer Price Index or Producer Price Index specified herein. The price index shall be the specified index as published by the Bureau of Labor Statistics, Washington, DC 20212. The baseline index shall be the index announced for the month in which Bid opened. Unit prices may be adjusted for each renewal period in accordance with the changes in the index. The allowable percent change shall be calculated by subtracting the baseline index from the index announced for the month in which the renewal option is exercised (or the most current month published by the Bureau of Labor Statistics) and dividing the result by the baseline index. The allowable percent change shall be rounded to the nearest one-hundredth of one percent and the maximum unit price adjustments permitted will be no more than five (5)% increase per renewal period; however, the City reserves the right to limit the unit price increases at any renewal period or at the City’s discretion, approve an increase of more than five (5) % per renewal period. The Vendor may offer price decreases in excess of the allowable percent change. Vendor(s) are required to give thirty (30) days’ written notice requesting the increase. Increases will be effective on the start date of the renewal term. C. BID LITERATURE Respondents must submit with their bid the latest printed literature and detailed specifications on equipment or material the Bidder proposes to furnish. Any catalog, brand name, or manufacturer's reference used is considered to be descriptive-not restrictive and is indicative of the type and quality the City desires to purchase. Page 29 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 19 D. COMMODITIES/EQUIPMENT 1. Material Safety Data Sheets: Under the “Hazardous Communication Act,” commonly known as the “Texas Right to Know Act,” a Vendor must provide to the City WITH EACH DELIVERY Material Safety Data Sheets, which are applicable to hazardous substances as defined in the Act. 2. Assembly: Goods or equipment provided under this Agreement shall be completely assembled, adjusted, and all equipment including standard and supplemental equipment installed, and made ready for continuous operation unless otherwise specified in bid document. 3. Goods: Goods furnished shall be the latest improved model in current production, as offered to commercial trade, and shall be of quality workmanship and material. The Vendor represents that all goods and equipment offered shall be new. Unless otherwise specified, used, shopworn, demonstrator, prototype or discontinued models are not acceptable. 4. Packaging Of Deliverables: Vendor must package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and the unit price. Unless otherwise provided in writing by the City, each shipping container shall be clearly and permanently marked with the Vendor’s name and address, and the City’s name, address and Purchase Order number. Vendor shall bear all costs of packaging. Deliverables must be suitably packed to secure lowest transportation cost, conform with requirements of common carriers and ensure safe delivery. The City’s count or weight shall be final and conclusive on shipments not accompanied by packing lists. 5. Warranty: The goods or equipment specified shall be warranted against defects in material or workmanship for a period of not less than twelve (12) months from date of acceptance by the City. If the manufacturer’s warranty exceeds twelve (12) months, then the manufacturer’s warranty shall be in effect. Vendor shall furnish a copy of the manufacturer’s warranty at the time of delivery. 6. No Limitation of Manufacturers’ Warranties: Vendor may not limit, exclude or disclaim any warranty provided by manufacturer. 7. Special Tools and Equipment: If the price stated in the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Vendor to fulfill the Agreement, such special tooling and/or equipment and all process sheets associated thereto shall become the property of the City and shall be identified by the Vendor as such. E. DELIVERY 1. Delivery Terms, Transportation Charges, FOB: Deliverables shall be shipped FOB point of delivery unless otherwise specified on the Purchase Order or in the Solicitation. The Vendor’s price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship deliverables. The place of delivery shall be specified in the Purchase Order. Page 30 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 20 2. No Substitutions or Cancellations: Unless specifically permitted in writing by the City, no substitutions or cancellations shall be acceptable. 3. Notice of Delay in Delivery: If a delay in delivery is anticipated, Vendor shall give written notice to the City. The City has the right to extend the delivery time/service date, or to cancel the Purchase Order or Agreement. Vendor shall keep the City advised at all times of the status of the order. Default in promised delivery or failure to meet specifications authorizes the City to procure the goods or equipment from an alternate source and charge the full increase, if any, in cost and handling to defaulting Vendor. Default on delivery may result in legal action and recourse. 4. Delivery Location, Hours, Days, Holidays: Unless otherwise specified, all deliveries must be made between the hours of 7AM and 2PM (CST), Monday through Friday except regularly observed state and federal holidays (see http://georgetown.org/contact-us/holiday-schedule/ for schedule). Receipt of goods or materials does not signify acceptance. If goods are delivered to the incorrect location, Vendor is responsible for all expenses associated delivering items to their correct destination. 5. No Shipment Under Reservation: Vendor is not authorized to ship deliverables under reservation and no tender of bill of lading will operate as a tender of deliverables. 6. Title/Risk of Loss: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables (no delivery, no sale). 7. Right of Inspection and Rejection: The City expressly reserves all rights under law, including but not limited to, the Uniform Commercial Code, to inspect the deliverables at delivery or at a reasonable time subsequent to delivery, and to reject defective or non-conforming deliverables. The Vendor will be notified if the goods or services are not in compliance with the required specifications. If any goods or services are rejected as non-compliant, the required goods or services may be procured from an alternate source, and the Vendor may be charged the full increase in cost, if any. If the City has the right to inspect the Vendor’s or the Vendor’s subcontractors facilities, or the deliverables at the Vendor’s or the Vendor’s subcontractors premises, the Vendor shall furnish or shall cause to be furnished without additional charge all reasonable facilities and assistance to the City to facilitate such inspection. 8. Acceptance Of Incomplete Or Non-Conforming Goods: If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept such deliverables, the City may do so. The Vendor shall pay all claims, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If discovery that the deliverables are defective or non-conforming occurs after final payment, Vendor may be required to refund such amounts to the City. F. REGULATIONS and STANDARDS Page 31 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 21 The goods or equipment provided shall meet or exceed all Federal and State of Texas safety, health, lighting, and noise regulations and standards in effect and applicable to equipment furnished at the time of manufacture. G. SAMPLES Samples of items shall be furnished, if requested by the City, without charge, and if not destroyed, shall upon request be returned at the bidder’s expense. H. VENDORS SALES TERRITORY City waives any responsibility or liability for Respondents bidding products "outside" their authorized territory by manufacturer or product line. Any Respondent bidding outside an approved manufacturer line does so at his own risk and discretion. Respondents shall comply with all sales terms according to the original bid and Purchase Order regardless of claim or dispute with product line representatives. I. WORKMANSHIP All parts not specifically mentioned which are necessary for the unit to be complete and ready for operation or which are normally furnished as standard equipment shall be furnished by the successful bidder. All parts shall conform in strength, quality, and workmanship to the accepted standards of the industry. Page 32 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 22 TECHNICAL SPECIFICATIONS A. BRAND NAMES Whenever in this invitation, any particular materials, process and/or equipment are indicated or specified by patent, proprietary or brand name, or by name of manufacture, such wording will be deemed to be used for the purpose of facilitating description of the material, process and/or equipment desired and will be deemed to be followed by the words “or equal.” B. SCOPE The City of Georgetown requests qualified bidders to provide all chemicals, equipment, materials and labor necessary to supply and deliver various water and waste-water treatment chemicals on an as needed basis, for treatment at various locations throughout the City. Successful Bidder shall: Provide a monitored 24-hour seven (7) days per week telephone number(s) for water/wastewater chemical order placement and delivery on an emergency basis. Next day delivery of chemicals on an emergency basis shall be required. C. BACKGROUND The City of Georgetown, Texas has a total of three (3) surface water treatment plants and one (1) ground water treatment plant with a combined treatment capacity of approximately 38 million gallons per day (“MGD”). There are also five (5) waste-water treatment facilities with a combined treatment capacity of approximately seven (7) MGD. Additionally, the City operates three (3) relevant water pump stations. The Water Services Department is responsible for the overall management, and support of Water Distribution Operations, Wastewater Collection Operations, Irrigation Operations, Water Treatment Plant Operations and Wastewater Treatment Plant Operations. Department activities include strategic planning and management for the water services utility, including contract negotiation and management for utility contracts. Additional activities include utility budgeting, capital improvement planning and project management. The City is currently utilizing the following chemicals for treatment: Water 1. Aluminum Sulfate 48% 2. * CLARIFLOC C-9545 3. Sodium Hypochlorite 12.5% 4. Liquid Ammonia Sulfate 10% 5. Sodium Permanganate 40% 6. Chlorine Gas (150 lb. cylinders) 7. * Aqualum 3012 Page 33 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 23 Waste-water: 1. Aluminum Sulfate 48% 2. Sodium Hypochlorite 12.5% 3. * CLARIFLOC C-6266 (450 lb. drums) 4. * CLARIFLOC C-6286 (450 lb. drums) 5. Sodium Bisulfite * Note: Brand names are for the purpose of describing the standard of quality, performance and characteristics desired, and are not intended to limit competition. Bids are encouraged for “equal” items. (See Section F) D. QUANTITIES Estimated yearly quantities are based upon the best information available to the City at this time. Due to variability in treatment plant processes, actual quantities required during contract period may be more or less than estimated. The City’s estimated quantities do not represent any guarantees. E. BIDDER RESPONSIBILITIES Successful Bidder shall: • Supply, upload, deliver and unload chemical products in accordance with, but not be limited to EPA, OSHA and FDA guidelines and shall comply with all federal, state and local code requirements to include obtaining permits required for providing and delivering the goods as specified herein; • Conduct background checks and verify employment eligibility on all staff that will have access to City property in accordance with the state and federal laws; • Provide all equipment, tools, materials, supervision, labor, administration to ensure prompt delivery of chemicals ordered as specified herein. E. CITY OF GEORGETOWN RESPONSIBILITIES The City of Georgetown shall: • Issue orders for chemical deliveries with all relevant information to include delivery date, delivery location, purchase order number and receive all materials in accordance with City policy; • Provide all pertinent information with regard to delivery conditions for each location during the post-award meeting; • Coordinate work rules and procedures at post award meeting to ensure protection of Bidder’s and City’s employees. F. PRODUCT SPECIFICATIONS Page 34 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 24 • Products delivered and used for water and waste-water treatment and the delivery of said chemicals shall comply with all local health codes, USDA, FDA and applicable standards of insurance companies, federal government, state government, local government, municipalities and other regulating authorities. This statement includes environmental protection agency (EPA) and the U.S. Public Health Service. Products or services that have a lesser or reduced effect on human health and the environment when compared with competing products and services that serve the same purpose. This comparison may consider raw materials acquisition, product, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service • All chemicals specified shall: a. Meet with the intended use, critical requirements, and delivery specifications outlined herein; b. Be delivered to one of the following locations: i. Lake Georgetown Surface Water Treatment Plant ii. Park Water Treatment Plant iii. South Side Water Treatment Plant iv. Domel Ground Water Treatment Plant v. Dove Springs Waste-water Treatment Plant vi. Pecan Branch Waste-water Treatment Plant vii. San Gabriel Waste-water Treatment Plant viii. Cimarron Hills Waste-water Treatment Plant ix. Berry Creek Waste-water Treatment Plant x. Stonewall Pump Station Post Chlorination xi. Pastor Pump Station Post Chlorination xii. Hoover Pump Station Post Chlorination All treatment plants are located within City limits excepting areas conducting system post chlorination. Physical address and any special delivery difficulties or requirements shall be provided at post-award meeting. • Brand name Brand names are for the purpose of describing the standard of quality, performance, and characteristics desired, and are not intended to limit competition. Bids received for items of like nature and quality are encouraged, will be considered, and shall be clearly identified as “equivalent” in the required bid line. Specification sheets shall accompany the submitted bid for all chemicals. The City reserves exclusive right to determine product equivalency. • Chemicals The chemicals shall be certified as suitable by an accredited certification organization in accordance with NSF/ANSI Standard 60 or 61. Specification sheets for each chemical shall be submitted with bid. The chemicals the City is seeking bids for are as follows: a. Aluminum Sulfate 48% b. Chlorine Gas (150 lb. cylinders) c. CLARIFLOC C-9545 – Or approved equivalent d. CLARIFLOC C-6266 (450 lb. drums) – Or approved equivalent e. CLARIFLOC C-6286 (450 lb. drums) – Or approved equivalent Page 35 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 25 f. Liquid Ammonia Sulfate 10% g. Aqualum 3012- Or approved equivalent h. Sodium Bisulfite i. Sodium Hypochlorite 12.5% j. Sodium Permanganate 40% • Chemical Samples/Testing The City will perform, or may request from successful bidder, routine sampling and testing of chemical deliveries to verify conformance with the specifications. Verification testing will be performed at the City’s cost. The City reserves the right to have the Successful Bidder, at their own expense, remove and replace any chemical that does not need the specifications. The City reserves the right to request samples for testing to ensure compliance with the specifications prior to award. G. DELIVERY SERVICES Some City owned equipment shall be available for offloading (e.g. hand truck). The use of a lift may be required for offloading at Pecan Branch Waste-water Treatment Plant and Dove Springs Waste-water Treatment Plant locations. The City’s security requirements shall be discussed at the post-award meeting between the City and Successful Bidder. Successful Bidder shall: i. Set delivery appointments Monday through Friday between 7:00 AM and 2:00 PM. Deliveries will not be accepted on weekends or holidays outside of the stated time period except by prior agreement from the City’s designated representative; ii. Deliver all placed orders within four (4) working days. iii. Pick up empty containers from each site when delivering plant chemicals; iv. Provide a delivery vehicle that has maximum clearance of 11 ft. 7 in. and be suitable for off- loading by a City supplied overhead hoist; v. Provide a delivery vehicle that must be equipped with air for offloading of chemical(s) if required; vi. Deliver chemicals in a clean and easily identified vehicle, and be in a clean, properly identified container; vii. Ensure that deliveries are accompanied by a packing/delivery slip indicating the City’s Purchase Order number, a description and quantity of the goods and Successful Bidder’s company name; viii. Provide Material Safety Data Sheets (MSDS): Under the “Hazardous Communication Act,” commonly known as the “Texas Right to Know Act,” a Vendor must provide to the City WITH EACH DELIVERY Material Safety Data Sheets, which are applicable to hazardous substances as defined in the Act; ix. Deliver each chemical ordered, as specified by order placement. x. Ensure that split loads will not come at any additional charge to the City. Page 36 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 26 Additional services may be requested on an as needed basis, or added as a part of routine services, at the City’s option. Additionally, the City may elect to increase or decrease number of locations, amount of goods ordered and frequency of delivery service when necessary. QUOTATION FORM A. DELIVERY REQUIREMENTS Respondent will show exact cost to deliver. Response must show the number of days required to deliver items or provide services to the City’s designated location under normal conditions. Unrealistically short or long delivery promises may cause Response to be disregarded. Failure to state delivery time obligates Respondent to complete delivery in 14 calendar days. FOB: GEORGETOWN, TX DELIVERY DATE:__________________ (calendar days) B. DISCOUNTS Cash discounts will not be considered in determining award; all cash discounts offered will be taken if earned. Respondent will list and deduct all discounts not based on early payment from prices quoted. C. QUANTITIES Quantities indicated below are estimated based upon the best available information. The City reserves the right to increase or decrease the quantities by any amount deemed necessary to meet its needs without any adjustments in the unit prices bid. D. QUOTATION All Responses must be submitted through the City’s E-Bidding system. Bid Form and all lines are posted on the City of Georgetown’s bidding website at: https://gtowntx.ionwave.net/CurrentSourcingEvents.aspx 1. In order to be considered responsive all bid line items must be completed and submitted by an authorized representative and by the deadline for submission of response indicated in Notice to Bidder section D – Schedule of Events. 2. The Bidder, by submitting a response, acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference, and agrees to be bound by the terms therein. E. UNIT PRICES Prices should be itemized. Unit prices shall be set to no more than four (4) decimal places. The City reserves the right to award by item or by total bid. If there are discrepancies between unit prices and extension, the unit price will prevail. F. VALIDITY OF PRICING Page 37 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 27 Pricing will be considered firm for acceptance for a minimum of 60 days after the due date unless otherwise specified in the Solicitation. The validity period may be extended beyond that date on agreement of parties. G. EXHIBITS The following exhibits shall become part of this solicitation and any resulting purchase order or contract: 1. Exhibit 1 – Chemicals List 2. Exhibit 2 – Physical address for each location Page 38 of 80 Page 39 of 80 Page 40 of 80 Page 41 of 80 Page 42 of 80 Page 43 of 80 Page 44 of 80 Page 45 of 80 Exceptions AA. Interlocal Agreement Exception- DPC Industries, Inc. does not participate in or give consent to Interlocal Agreements and respectfully rejects the Interlocal Agreement Clause in this bid. The prices we have quoted in this bid are exclusive to the City of Georgetown. Page 46 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 31 EXHIBIT 1 Chemicals Estimated Annual Quantities Chemical Name Tank Capacity Delivery Method Estimated Annual Chemical Usage Average Order Quantity Average # of Orders / year Lake Georgetown Surface Water Treatment Plant Sodium Hypochlorite 12.5% 12,000 gallons Bulk 275,000 gallons 4,800 gallons 57 Aqualum 3012 (or approved equivalent) 1,400 gallons Bulk 9,000 gallons 1,000 gallons 9 Aluminum Sulfate 48% 12,000 gallons Bulk 215,000 gallons 4,300 gallons 50 Liquid Ammonia Sulfate 10% 4,800 gallons Bulk 70,000 gallons 4,800 gallons 14 Sodium Permanganate 40% N/A 55-gallon drums 50 drums 4 drums 12 CLARIFLOC C-9545 (or approved equivalent) N/A 450 lb. drums 12 drums 4 drums 3 Park Water Treatment Plant Liquid Ammonia Sulfate 10% 5,000 gallons Bulk 18,000 gallons 3,000 gallons 6 split Sodium Hypochlorite 12.5% 6,500 gallons Bulk 75,000 gallons 4,800 gallons 16 Aluminum Sulfate 48% 12,000 gallons Bulk 5,000 gallons 4,300 gallons 1 South Side Water Treatment Plant Liquid Ammonia Sulfate 10% 5,000 gallons Bulk 12,000 gallons 2,000 gallons 6 split Sodium Hypochlorite 12.5% 2,200 gallons Bulk 36,000 gallons 2,000 gallons 18 Domel Ground Water Treatment Plant Sodium Hypochlorite 12.5% 2,250 gallons Bulk 20,000 gallons 1,500 gallons 4 Liquid Ammonia Sulfate 10% 500 gallons Bulk 5,000 gallons 250 gallons 20 Dove Springs Waste-water Treatment Plant Page 47 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 32 CLARIFLOC C-6266 (or approved equivalent) N/A 450 lb. drums 32 drums 4 drums 8 Pecan Branch Waste-water Treatment Plant Sodium Hypochlorite 12.5% 500 - 1,000 gallons Bulk 2,400 gallons 500 gallons 5 Aluminum Sulfate 48% 8,000 gallons Bulk 97,200 gallons 4,500 gallons 22 CLARIFLOC C-6286 (or approved equivalent) N/A 450 lb. drums 32 drums 4 drums 8 San Gabriel Waste-water Treatment Plant Sodium Hypochlorite 12.5% 2,000-3,000 gallons Bulk 57,600 gallons 4,800 gallons 12 Sodium Bisulfite 200-750 gallons Bulk 7,800 gallons 1,300 gallons 6 CLARIFLOC C-6286 (or approved equivalent) N/A 450 lb. drums 32 drums 4 drums 8 Cimarron Hills Waste-water Treatment Plant Sodium Hypochlorite 12.5% 300 gallons Bulk 3,650 gallons 300 gallons 12 Berry Creek Waste-water Treatment Plant Sodium Hypochlorite 12.5% 700 gallons Bulk 5,500 gallons 500 gallons 11 Stonewall Pump Station Post Chlorination Chlorine Gas N/A 150 lb. cylinders 48 cylinders 4 cylinders 12 Pastor Pump Station Post Chlorination Chlorine Gas N/A 150 lb. cylinders 48 cylinders 4 cylinders 12 Hoover Pump Station Post Chlorination Chlorine Gas N/A 150 lb. cylinders 48 cylinders 4 cylinders 12 Page 48 of 80 ITB No. 202205 Contract No. 22-0068-GC DPC Ind for Sodium Hypochlorite 12.5% Water and Waste-Water Treatment Chemicals pg. 33 EXHIBIT 2 Physical Addresses for each location: Lake Georgetown Surface Water Treatment Plant 3601 DB Wood Road Georgetown, Texas 78628 Park Water Treatment Plant 301 WL Walden Drive Georgetown, Texas 78626 South Side Water Treatment Plant 2706 S. Austin Avenue Georgetown, Texas 78626 Domel Ground Water Treatment Plant 550 Market Street Georgetown, Texas 78626 Dove Springs Waste-water Treatment Plant 400 Rock Dove Lane Georgetown, Texas 78626 Pecan Branch Waste-water Treatment Plant 3502 FM 971 Georgetown, Texas 78626 San Gabriel Waste-water Treatment Plant 1107 North College Georgetown, Texas 78626 Cimarron Hills Waste-water Treatment Plant 213 Birdstone Lane Georgetown, Texas 78628 Berry Creek Waste-water Treatment Plant 30002 Briarcrest Drive Georgetown, Texas 78628 Stonewall Pump Station Post Chlorination 223 Drystone Trail Georgetown, Texas 78642 Pastor Pump Station Post Chlorination 1716 W. University Avenue Georgetown, Texas 78628 Hoover Pump Station Post Chlorination 2675 CR 223 Georgetown, Texas 76527 Page 49 of 80 202205 Addendum 2 DPC Industries, Inc. Supplier Response Event Information Number:202205 Addendum 2 Title:Water and Wastewater Treatment Chemicals Type:Invitation to Bid Issue Date:2/17/2022 Deadline:3/4/2022 03:00 PM (CT) Notes:PLEASE SEE ADDENDUM NO.2 The City of Georgetown is soliciting bids for Water and Waste-water Treatment Chemicals with the following definitions, term and conditions of bidding. Upon City’s acceptance of a Bid and issuance of a Purchase Order or Notice to Proceed, this Invitation to Bid shall be incorporated into the agreement between the Parties. Bids must be electronically submitted through the City E-bid system accessible via City’s web site at https://gtowntx.ionwave.net/CurrentSourcingEvents.aspx on or before March, 4, 2022 at 3:00 PM and immediately thereafter publicly opened and read aloud. Questions regarding use of the E-bid System may be directed by email to: conner.mcgowan@georgetown.org The public opening will be held virtually. This is accessible using the link and call in information provided below: Microsoft Teams meeting Page 1 of 6 pages Vendor: DPC Industries, Inc.202205 Addendum 2Page 50 of 80 Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 512-672-8405,,331638622# United States, Austin Phone Conference ID: 331 638 622# Contact Information Contact:Conner McGowan Address:Purchasing GMC 300-1 Industrial Avenue Georgetown, TX 78626 Email:conner.mcgowan@georgetown.org Page 2 of 6 pages Vendor: DPC Industries, Inc.202205 Addendum 2Page 51 of 80 DPC Industries, Inc. Information Address:601 W Industrial Blvd. Cleburne, TX 76033 Phone:(800) 437-3088 Fax:(817) 641-4799 Web Address:www.dxgroup.com The Bidder/Proposer affirms that they are duly authorized to submit this Bid/Proposal, that this Bid/Proposal has not been prepared in collusion with any other Bidder/Proposer, and that the contents of this Bid/Proposal have not been communicated to any other Bidder/Proposer prior to the official opening. Further, Bidder/Proposer certifies that it: i) does not boycott Israel; ii) will not boycott Israel during the term of the Agreement; and iii) is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Linda Lisby llisby@dxgroup.com Signature Email Submitted at 3/3/2022 4:03:17 PM Requested Attachments Reference Form BEST VALUE REFERENCE FORM.pdf Best Value Reference Form Response Attachments Certification and Acknowledgment.pdf Certification and Acknowledgment Certification Required By Texas Government Code.pdf Certification Required By Texas Government Code 1295.pdf 1295 CIQ.pdf CIQ W-9.pdf W-9 Exceptions.pdf Exceptions Bid Attributes 1 Certification and Acknowledgement I have acknowledged and signed the Certification and Acknowledgement form. I agree. (I agree.) 2 Bidder Reference bidder has provided a minimum of three references. I agree. (I agree.) Page 3 of 6 pages Vendor: DPC Industries, Inc.202205 Addendum 2Page 52 of 80 3 Certification Required by Texas Government Code I have acknowledged and signed Certification Required by TGC. I agree. (I agree.) 4 Experience Number of years’ experience in providing water and wastewater treatment chemicals 76 5 Business History Number of organizations/businesses provided for: 10 6 Types of Business History Please describe the types of organizations/businesses you have provided for. We provide water treatment chemicals to municipal, governmental and industrial businesses. 7 History with City of Georgetown Please provide the number of years the Company has done business with the City of Georgetown if applicable. No response 8 Physical Location List your business's location/proximity to the City of Georgetown. Cleburne, TX 9 Addendum Acknowledgment I have received and reviewed Addendum No. 1 and 2 I agree. (I agree.) Bid Lines 1 Aluminum Sulfate 48% Quantity:1 UOM:gallon No Bid Item Notes:Estimated Annual Quantity - 317,200 gallons Refer to Exhibit 1 in Bid Document 2 Aqualum 3012 (or approved equivalent) Quantity:1 UOM:gallon No Bid Item Notes:Estimated Annual Quantity - 9,000 gallons Refer to Exhibit 1 in Bid Document Page 4 of 6 pages Vendor: DPC Industries, Inc.202205 Addendum 2Page 53 of 80 3 Chlorine Gas Quantity:1 UOM:cylinder Price:$250.00 Total:$250.00 Item Notes:Estimated Annual Quantity -144 cylinders Refer to Exhibit 1 in Bid Document Supplier Notes:Extended price for 144 cylinders = $36,000 4 CLARIFLOC C-6266 (or approved equivalent) Current Delivery Method 450 lb drums Quantity:1 UOM:pound No Bid Item Notes:Estimated Annual Quantity - 14,400 lbs (QTY 32 450lb drums) Refer to Exhibit 1 in Bid Document 5 CLARIFLOC C-6286 (or approved equivalent) Current delivery method: 450 lb drums Quantity:1 UOM:pound No Bid Item Notes:Estimated Annual Quantity - 28,800 pounds (QTY 64 450lb drums) Refer to Exhibit 1 in Bid Document 6 CLARIFLOC C-9545 (or approved equivalent) Current delivery method: 450 lb drums Quantity:1 UOM:pound No Bid Item Notes: Estimated Annual Quantity - 5,400 pounds (QTY 12 450lb drums) Refer to Exhibit 1 in Bid Document 7 Liquid Ammonia Sulfate 10% Quantity:1 UOM:gallon No Bid Item Notes: Estimated Annual Quantity - 105,000 gallons Refer to Exhibit 1 in Bid Document Page 5 of 6 pages Vendor: DPC Industries, Inc.202205 Addendum 2Page 54 of 80 8 Sodium Bisulfite Quantity:1 UOM:gallon No Bid Item Notes: Estimated Annual Quantity - 7,800 gallons Refer to Exhibit 1 in Bid Document 9 Sodium Hypochlorite 12.5% Quantity:1 UOM:gallon Price:$2.75 Total:$2.75 Item Notes: Estimated Annual Quantity - 475,150 gallons Refer to Exhibit 1 in Bid Document Supplier Notes:Extended price for 475,150 gallons = $1,306,662.50 1 0 Sodium Permanganate 40% Delivery method: 55 gallon drum Quantity:1 UOM:drum No Bid Item Notes: Estimated Annual Quantity - 2,750 gallons (QTY 50 55 gallon drums) Refer to Exhibit 1 in Bid Document Response Total: $252.75 Page 6 of 6 pages Vendor: DPC Industries, Inc.202205 Addendum 2Page 55 of 80 Page 56 of 80 City of Georgetown, Texas Water Utility Board April 14, 2022 S UB J E C T: C onsideration and pos s ible rec ommendation to purc hase (3) three 125hp Hydromatic S ubmersible P umps to replace existing submers ibles loc ated at S mith Branc h Lift S tation, from Aus tin Armature Works, LP, of Buda, Texas , in the amount of $169,260.00. -- Isaac C onde, Water S ervices Tec h S pecialist/C hels ea S olomon, Direc tor of Water Utilities IT E M S UMMARY: Approval will allow Water S ervice to replace out of date s ubmersibles to an updated model with available parts for any future repair. • Existing pumps loc ated at S mith Branc h LS have were installed in 1993. • S inc e 2013 each submers ible has been sent for repair twelve times for various repairs . • R epairs per pump average $7,500.00. Average amount s pent on repairs- $270,000.00. • P arts for exis ting s ubmersibles are now obs olete. Vendor Aus tin Armature Works, LP Buy-Board C ontract# 589-19 o Hydromatic S ubmers ible P ump x 3 Model S 8L 12500M4-4, 125hp, 460v, 3 phas e, 1750 rpm S TAF F R E C O MME N D AT IO N: S taff recommends approval of the purchas e of (3) three 125hp Hydromatic S ubmersible P umps to replace existing submers ibles loc ated at S mith Branc h Lift S tation, from Aus tin Armature Works, LP, of Buda, Texas , in the amount of $169,260.00. F IN AN C IAL IMPAC T: F unds shall be pulled from: • P R J000057 Lift S tation Upgrades o Hydromatic S ubmersible - $59,420.00 per pump Total C ost- $169,260.00 S UB MIT T E D B Y: Isaac C onde, Water S ervices Tec h S pecialist/skm AT TAC H ME N T S: Description Type SMITH BRANCH PUMPS Quote Aus tin Armature Works Backup Material Page 57 of 80 Product ID Qty Description Sales Price Total Quote Ship To:Quote To: BESTWAY Net 30 Quoted ByTermsShip Via Customer RFQ Contact 3/18/2022 NSQ17930000623 Customer Number Quote Date Quote Number CITY OF GEORGETOWN Attn: ACCTS PAYABLE PO BOX 409 GEORGETOWN, TX 78627-0409 (512) 930-3679 x Charles Moore Jr %"$!+%%)#%#)"*%!)-#-!%%')!-')!1 Customer PO GEORGETOWN CITY OF Municipal Complex 300-1 Industrial Ave GEORGETOWN, TX 78626 FOB 51444-020-7 3 Hydromatic Submersible Pump S8L12500M4-4, 125HP/460/3/1750rpm 169,260.0056,420.00 7-10wk lead time Freight 1 Prepaid and Add to Invoice 0.000.00 169,260.00 0.0000% 169,260.00 0.00 0.00 Subtotal: Sales Tax 1: Freight: Total: 0.00Other: 0.0000%0.00Sales Tax 2: SIGNATURE:DATE: PO# ( IF NOT ALREADY ISSUED ): Due to the Volitilty of the Current Market Quotes are only Valid for 15 days until further notice. Buy Board# 589-19 Smith Branch Lift Station Page 58 of 80 City of Georgetown, Texas Water Utility Board April 14, 2022 S UB J E C T: C onsideration and pos s ible rec ommendation to approve the G enerator Maintenance agreement with Holt C AT /Holt P ower S ystems , of S an Antonio, Texas, to perform Level three (3) service on all twenty-nine (29) utility owned generators , for an estimated cost of $75,530.52. -- C hels ea S olomon, P E- Water Utilities Director IT E M S UMMARY: Upon approval, the C ity of G eorgetown and Holt C AT will join a s ervic e agreement for Level three (3) s ervic e to twenty-nine (29) generators owned by the water utility. T hes e generators are generally located at wastewater Treatment fac ilities, was tewater lift s tations, and portable stand-by generators . T hes e generators need to get on a routine testing and maintenanc e sc hedule to help extend their useful life and to diagnos e concerns in advanc e of need. T hese generators were used heavily during the winter storm and routine annual maintenance by a generator service company is rec ommended. In the previous years twelve (12) s elect generators were serviced on an as needed basis but were not put on a routine sc hedule. T his agreement will allow a higher level of preventative maintenanc e to our generators and ensure repairs are identified and remediation in a timely manner. G enerators will receive the 3 year s ervic e level due to lac k of prior maintenance. T hese generators were taxed heavily during the winter s torm, many have been in the sys tem for 10+ years . T his will get the maintenanc e bac k on trac k, so we can get into a more routine maintenanc e sc hedule. S TAF F R E C O MME N D AT IO N: S taff recommends approval of the G enerator Maintenance agreement with Holt C AT /Holt P ower S ystems , of S an Antonio, Texas, to perform Level three (3) service on all twenty-nine (29) utility owned generators, for an estimated cost of $75,530.52. F IN AN C IAL IMPAC T: T he Utility requested bids from three companies spec ialized in generator maintenanc e, Holt C AT was the low bid. F unding will be split between Was tewater O perations, P lant O perations, Water O perations . T here are available funds for generator maintenance. S UB MIT T E D B Y: C helsea S olomon, P E, Water Utility Director/skm AT TAC H ME N T S: Description Type Task Lis t/Bid Request for Generators Backup Material Holt Bid Backup Material Stewart Stevenson Bid Backup Material Aus tin Gen. Bid Backup Material Page 59 of 80 DETAILED DESCRIPTION OF SERVICE LEVEL “City of Georgetown is requesting a bid for Level 3 services for a total of 29 generators throughout the system.” Scheduled Maintenance LEVEL 1 - Recommended Quarterly: GENERAL • Visual Inspection - Visual inspection of overall condition of unit to identify foreign objects, loose or broken fittings, guards, and components. •Wipe off unit - Clean oil, coolant, fuel, and acid deposits. Police generator area. COOLING SYSTEM •Radiator/Heat Exchanger - Visual inspection for leaks, damage, and debris. Check louver operation. •Coolant - Visual inspection for correct level and condition of coolant (rust, oil, and contaminants). Check coolant conditioner concentration and temperature protection. Check filler cap gasket and sealing surface. Replace filler cap as required at additional cost. •Hoses and Connections - Visual inspection of all hoses for deterioration. Check tightness of connections. •Fan Drive Pulley and Fan - Check for loose or worn pulleys. Check fan operation and clearance. •Fan Belts - Inspect for wear or deterioration. Check tension and adjust as necessary. •Jacket Water Heater - Inspect for proper operation. Record engine temperature prior to starting unit. •Water Pump - Visual and operational inspection for leaks or unusual noises. FUEL SYSTEM – LIQUID (DIESEL/GASOLINE) •Fuel Tank - Visually inspect fuel tank system for leaks and fuel level (Natural gas and LP as well). Test day tank pump for proper operation. •Water Trap/Separator - Drain water from fuel tank if possible or water separator if applicable. •Fuel Lines and Connections - Inspect for leaks and check line brackets mounting (Natural gas and LP as well). Page 60 of 80 •Governor and Controls - Inspect governor oil level. Inspect controls and linkage for proper operation. Add oil as necessary. •Fuel Filters (Primary/Secondary) - Inspect for damage, leaks, and proper operation. •Fuel Pressure- Record if available. AIR INDUCTION AND EXHAUST SYSTEM •Air Filter Service Indicator - Record reading. Inspect for proper operation. Reset indicator. •Air Filter - Inspect. Clean, as necessary. Replace as required at additional cost. •Air Inlet System - Inspect piping and air filter housing for damage, loose connections, and evidence of leaks. Clean air filter housing if air filter is cleaned or replaced. Check housing seals and gaskets. •Turbocharger - Inspect for oil leakage, exhaust leakage, or unusual noises. •Exhaust Manifold - Inspect for damage, loose or missing hardware, evidence of exhaust leakage, and wet-stacking. Provide load bank recommendation. •Exhaust System - Inspect silencer and piping for damage, corrosion, or leakage. Check rain cap. Check supports for vibration damage and loose connections. LUBE OIL SYSTEM •Oil Level - Inspect for correct oil level. Visually inspect unit for leaks. Add as required at additional cost. •Oil Pressure - Record oil pressure reading. Operational and visual inspection of prelube pump if applicable. •Crankcase Breather - Inspect for proper operation. Check connections and inspect hose for deterioration. Visual inspection for excessive blowby. STARTING SYSTEM •Batteries - Inspect for damage or leakage, clean battery with acid neutralizer. Clean and tighten all battery cable connections. (Lead acid batteries only) •Batteries (Specific Gravity) - Check electrolyte level and specific gravity. (Lead acid batteries only) •Battery Charger - Inspect for proper operation, loose terminals, and deteriorated wiring. Record output. Page 61 of 80 •Starting Motor - Inspect electrical connections and wiring. For air starters, inspect oil jar and feeder operation. Perform operational check for abnormal engagement and cranking noises. •Alternator - Inspect for proper operation, loose connections, and mounting hardware. Check belts, pulley, and voltage output. Record output if applicable. ENGINE MONITORS AND SAFETY CONTROLS •Safety Controls - Inspect for loose connections, wiring deterioration, and proper operation. •Remote Annunciator and Alarms - Inspect and test all panel and system alarms for proper operation. CONTROL PANEL •Start Controls-Manual/Auto - Operational check for proper operation. Check automatic start: with customer approval. •Voltmeter - Operational check for correct readings. Record readings. •Ammeter - Operational check for correct readings if load is available. Record readings. •Frequency Meter - Operational check for correct readings. Load and no-load readings if load is available. GENERATOR •Verify anti-condensation heater operation if applicable. Record temperature. •Vibration Isolators - Check for proper adjustment and condition. •Check reduction gearbox oil level if applicable. Scheduled Maintenance LEVEL 2 (Includes All Service Level 1 Inspections, As Well As the Following) -Recommended Annually; FUEL SYSTEM •Fuel Filter - Replace. Inspect for proper sealing and operation. LUBE OIL SYSTEM •Oil and Filters - Change. Inspect all gaskets and seals. •Crankcase Breather - Inspect and clean as required. Replace if applicable at additional cost. Page 62 of 80 COOLING SYSTEM •Lube fan drive bearing as required. GENERATOR •Generator Rear Bearing - Lubricate if applicable per manufacturer specification. •Change reduction gearbox oil – if applicable. CONTROL PANEL •Circuit Breakers - Inspect for free movement and tight connections, if accessible. Scheduled Maintenance LEVEL 3 (includes All Services Previously Listed Under Level 1 And Level 2, As Well As the Following)-Recommended Every Three (3) Years: COOLING SYSTEM •Coolant - Drain and replace coolant. (Coolant flush as required at additional cost.) •Thermostats - Replace •Fan Belts - Replace •Hoses - Replace all cooling system hoses including jacket water heater hoses. STARTING SYSTEM •Batteries – Replace (Lead Acid ONLY) •Alternator – Verify pulley alignment if applicable. GENERATOR •Visually inspect exciter, Permanent Magnet (PMG) if applicable, and rotating rectifiers. Services and pricing subject to change without notice. 3 Revised 9 Jun, 2016 AIR INDUCTION AND EXHAUST SYSTEM •Air Filter - Replace. Page 63 of 80 DEALER:HOLT CAT CUSTOMER NEW/RENEW 5665 Southeast Loop 410 ACCOUNT NO San Antonio, TX 78222 ADDRESS INVOICING CITY, ST,ZIP YEARS PRODUCT REP Bob Schernik CONTACT NAME PHONE NUMBER SERVICING FREQUENCY QUOTE DATE 02/17/2022 EMAIL Quote Valid through Date: 03/19/2022 START DATE 02/17/2022 END DATE 12/31/2022 SPECIAL INSTRUCTIONS ANNUAL TRIENNIAL 2 Hr 4 HR AUTOMATIC FUEL Megger ADDITIONAL SERVICE SERVICE LOADBANK LOADBANK TRANSFER SAMPLE TESTING SERVICES Manufacturer Serial Number Site Name/Unit #PM1 Qty TOTAL PM2 PM3 TEST TEST SWITCH PM TESTING AA D4B00451 Sunny Trails LS -$ -$ -$ $2,205.83 -$ -$ -$ -$ -$ -$ $2,205.83 AA NPS00394 Cimarron Hill 1 -$ -$ -$ $2,053.93 -$ -$ -$ -$ -$ -$ $2,053.93 AA D4B02818 Oaks at San Gabriel LS -$ -$ -$ $2,293.51 -$ -$ -$ -$ -$ -$ $2,293.51 AA D4P00133 GT Meadows LS -$ -$ -$ $2,219.37 -$ -$ -$ -$ -$ -$ $2,219.37 AA CN300350 Gabriels Bluff LS -$ -$ -$ $2,014.43 -$ -$ -$ -$ -$ -$ $2,014.43 AA CN300365 River Vista LS -$ -$ -$ $2,005.43 -$ -$ -$ -$ -$ -$ $2,005.43 AA CN400407 Stillwater LS -$ -$ -$ $1,955.62 -$ -$ -$ -$ -$ -$ $1,955.62 ON K050855920 Berry Creek -$ -$ -$ $2,046.53 -$ -$ -$ -$ -$ -$ $2,046.53 CM A130452536 Sun City LS -$ -$ -$ $3,568.86 -$ -$ -$ -$ -$ -$ $3,568.86 KH SGM32BKP8 Park LS -$ -$ -$ $1,875.81 -$ -$ -$ -$ -$ -$ $1,875.81 KH 2330094 Mayfield LS -$ -$ -$ $1,763.36 -$ -$ -$ -$ -$ -$ $1,763.36 ON A170147924 Saddlecreek LS -$ -$ -$ $2,975.10 -$ -$ -$ -$ -$ -$ $2,975.10 ZZ 95090604208 Gatlin Creek LS -$ -$ -$ $2,033.05 -$ -$ -$ -$ -$ -$ $2,033.05 ZZ 95090604240 Rivers Edge LS -$ -$ -$ $1,997.05 -$ -$ -$ -$ -$ -$ $1,997.05 ZZ 95090604363 Lakeside LS #2 -$ -$ -$ $2,024.05 -$ -$ -$ -$ -$ -$ $2,024.05 KH 2273403 South Western LS -$ -$ -$ $2,913.39 -$ -$ -$ -$ -$ -$ $2,913.39 GC 2067357 Pecan Branch -$ -$ -$ $5,025.49 -$ -$ -$ -$ -$ -$ $5,025.49 ZZ 94110600769 Lakeside LS -$ -$ -$ $2,503.21 -$ -$ -$ -$ -$ -$ $2,503.21 CM F170208459 Westinghouse LS #2 -$ -$ -$ $4,156.17 -$ -$ -$ -$ -$ -$ $4,156.17 AA SDA00262 Portable #1 (110-30)-$ -$ -$ $2,351.47 -$ -$ -$ -$ -$ -$ $2,351.47 AA 7AK01019 Portable #2 (110-24)-$ -$ -$ $1,991.85 -$ -$ -$ -$ -$ -$ $1,991.85 AA 81Z14852 Dove Springs -$ -$ -$ $4,174.45 -$ -$ -$ -$ -$ -$ $4,174.45 CM 1072514335 Smith Branch LS -$ -$ -$ $3,212.80 -$ -$ -$ -$ -$ -$ $3,212.80 CM 10717441 Portable #3 -$ -$ -$ $3,544.77 -$ -$ -$ -$ -$ -$ $3,544.77 ZZ 95130600163 Hillwood LS -$ -$ -$ $1,871.61 -$ -$ -$ -$ -$ -$ $1,871.61 ZZ 360981-1-1-0613 Highlands @ Mayfield LS -$ -$ -$ $2,337.63 -$ -$ -$ -$ -$ -$ $2,337.63 ZZ 95130500419 Kasper LS -$ -$ -$ $2,040.58 -$ -$ -$ -$ -$ -$ $2,040.58 CM D180348591 Santa Rita -$ -$ -$ $2,056.57 -$ -$ -$ -$ -$ -$ $2,056.57 AA 16501001086 112-62 -$ -$ -$ $4,318.60 -$ -$ -$ -$ -$ -$ $4,318.60 $75,530.52 EXTENDED TOTAL INSPECTION Year 1 Total isaac.conde@georgetown.com Holt Power Systems is pleased to offer you a Scheduled Maintenance program for your emergency generator(s) at your location. Holt follows NFPA 110 and manufacturer's recommendations in maintaining stand-by generators. As stated and recommended, PM Level 1 services should be performed on a quarterly basis, PM Level 2 services should be performed on an annual basis and PM Level 3 services should be performed once every three years. In addition, it is recommended that a minimum two (2) hour Load Bank Test be performed in conjunction with the annual services, when the load on the generator is less than 30% of the name plate rating on the generator. Please reference the attached "Detailed Description of Service Levels" to provide you with an accurate definition of the service levels mentioned herein. Year 1 QUARTERLY Georgetown, TX 78627 1 Isaac Conde (512) 930-8149 Annual MAINTENANCE AGREEMENT City of Georgetown Renewal 0265000 PO Box 409 Per Incident Page 64 of 80 Bob Schernik - Holt CAT Customer Acceptance Signature Date Product Support Representative Ph: 512 789 6419 / bobby.schernik@holtcat.com NOTE: The Tri-Annual service ( PM3 ) is performed once every three years in place of the Annual service ( PM2 ). All listed pricing includes normal hour labor rates, travel & applicable parts. Additional charges will apply for after-hours service. Prices are subject to change without signed Customer Support Agreement. This agreement can be cancelled with a 30-day written notice by either party. Holt CAT agrees to provide the above-mentioned services at the stated prices for the length of this agreement and gives authorization for the commencement of stated services. IronPro Maintenance Agreements are auto-renewed prior to the end of your agreement at current year pricing. To opt out of auto-renew initial here: CURRENT GENERATOR SERVICE LABOR RATES ARE AS FOLLOWS: Normal Hour Labor (Monday through Friday, 8:00 A.M. to 5:00 P.M.)$165.00/Hour Overtime Labor $247.50/Hour Holiday Labor $330.00/Hour A trip fee per day will apply for work performed outside of this agreement dependent on location. The above labor rates are subject to change without notice Page 65 of 80 March 10, 2022 City of Georgetown 5501 Williams Dr., Georgetown, TX 78633 Attention: Isaac Conde Ref: Bid Request for Level 3 Services on 29 Generators Proposal 1) Level 3 Services on 29 Generators As outlined on Detailed Description of Service Levels Scope of Work $ 160,200.00 Freight $ 150.00 Your Investment $ 160,350.00 Taxes not included BY EXECUTION BELOW, STEWART & STEVENSON POWER PRODUCTS LLC AGREES TO SELL, AND CUSTOMER AGREES TO BUY, THE GOODS AND SERVICES INCLUDED IN THIS PROPOSAL, WHICH INCLUDES THE PRICE, DELIVERY, COMMERCIAL NOTES, AND ADDITIONAL TERMS OF SALE at https://www.stewartandstevenson.com/terms-of-sale/ Freight: S&S San Antonio, Texas. Joey Edwards Power Generation Sales Stewart & Stevenson Accepted by customer------------------------------------------ Date---------------------------------------------------------------- . STEWART & STEVENSON POWER PRODUCTS, LLC SAN ANTONIO BRANCH 5717 I-10 SAN ANTONIO, TX 78129 TEL 210 662 - 1000 Page 66 of 80 Austin Generator Service 2004 Howard Lane Austin, TX 78728 Office: 512-251-2247 Fax: 512.251.3315 To: City of Georgetown Attn: Isaac Conde Reference: Level 3 Generator Services Austin Generator Service is pleased to offer the following proposal for the below mentioned emergency power generation equipment. Site Address Make KW Berry Creek LS 7551 Airport Rd Cummins 80 Sunny Trail LS 2009 Sunny Trail Dr Olympian 100 Hillwood LS 1421 Legacy Crossing MTU 125 Southwestern LS 698 Smith Creek Rd Kohler 200 Saddlecreek 3922 SH 130 Cummins 200 Sun City LS 151 Stetson Trail Cummins 300 Cimarron Hills 2 714 Cimarron Hills CAT 30 Smith Branch LS 2201 E University Ave Onan 400 Mayfield LS 1577 CR 176 Kohler 40 Gatlin Creek LS 2109 Limestone Lake Dr MTU 80 GT Meadows LS 3698 SH130 Olympian 80 Cimarron Hills 1 200 Dove Tail Ln CAT 90 Highlands at Mayfield LS 5421 E New Hope Dr MTU 180 Gabriels Bluff LS 503 NE Inner Loop CAT 50 Kasper LS 3021 Westinghouse Rd MTU 150 Lakeside LS 136 Lake Rim Cir MTU 60 Lakeside LS #2 928 Cedar Lake Blvd MTU 60 Oaks at San Gabriel LS 10621 Vista Heights Dr CAT 116 River Vista LS 1168 River Vista Blvd CAT 50 Rivers Edge LS 430 San Gabriel River Rd MTU 40 Stillwater LS 801 Piney Bend CAT 60 Westinghouse LS #2 716 Centerbrook Pl Cummins 250 San Gabriel WTP 301 W L Walden Dr CAT 125 San Gabriel WTP 301 W L Walden Dr CAT 80 San Gabriel WTP 301 W L Walden Dr Cummins 135 Dove Springs WWTP 400 Rock Dove Ln CAT 500 Santa Rita 900 W Hwy 29 Cummins 125 Cimarron Treatment 204 Birdstone Lane CAT 90 Portable 112-62 5001 Williams Dr MTU 400 Date: 3/18/2021 Page 67 of 80 Austin Generator Service 2004 Howard Lane Austin, TX 78728 Office: 512-251-2247 Fax: 512.251.3315 Scheduled Maintenance Level 3 (per scope of work provided by customer) Includes all services under Scheduled Maintenance Level 1 and Level 2. All generator checks, oil and filter changes, coolant replacement, thermostats, fan belts, hoses, batteries, 2 hour load bank tests, and ATS maintenance. Total Price for Scheduled Maintenance Level 3: $179,307.00 NOTES: All work to be performed during normal business hours. To accept this proposal please initial the options above and sign below, please email document to my attention. _______________________________ Customer Acceptance (printed name) _______________________________ _____________________________ Title Purchase Order Number _______________________________ _____________________________ Customer Acceptance Signature Date Page 68 of 80 Austin Generator Service 2004 Howard Lane Austin, TX 78728 Office: 512-251-2247 Fax: 512.251.3315 COMMERCIAL TERMS AND CONDITIONS 1. Engagement of Services Once work is authorized by the customer, Austin Generator Services (AGS) is committed to certain “ramp up” expenses, both direct and indirect (i.e., specific training, travel, special tools, materials, project management, etc.) which are generally priced into the entire scope of the project. If the project is canceled, delayed, terminated or significantly changed through no fault of AGS, these expenses will be due and payable to AGS on a pro-rata basis. Any request for reimbursement of these expenses will be itemized and defined. 2. Changes to Scope of Work AGS will notify the customer if there is a material change to the Scope of Work that will require AGS to expend more monies than originally budgeted. The customer agrees to pay AGS for such expenses plus reasonable profit and overhead if the customer desires to continue under the changed Scope of Work. A detailed specification was not included with the request for quotation. Equipment and services are limited to this quotation. Any additional requirements are not included with this quotation. Austin Generator Service makes no guarantees regarding the performance of listed equipment in connection with customer loads. All start up and service calls will be performed by Austin Generator Service unless otherwise noted. 3. Exclusions and Assumptions Exclusions: ▪ Repairs to existing circuits, wiring, plumbing, landscaping, sprinklers, etc. ▪ Painting on newly installed conduit, boxes or equipment ▪ Overtime, after hours or holiday work ▪ Underground conduit, saw cut and concrete work ▪ Repairs to existing underground circuits or wiring. ▪ Repairs to existing underground utilities, sprinkler systems or damaged landscaping or vegetation ▪ Repairs to damage of any unmarked underground pipe caused from trenching or boring. ▪ Repairs or replacement of concrete or asphalt surfaces. ▪ Repairs or replacement of any sheetrock (drywall) or painted surfaces. ▪ Repairs or replacement of any existing structural components. ▪ Repairs of any latent defects of existing wiring. ▪ Warranty on any existing wiring, devices or equipment or that supplied by others. ▪ This proposal does not include any repairs or modifications to existing circuitry. ▪ Cutting or coring of concrete walls or flooring. ▪ Removal of any existing equipment from customer's location. ▪ Trip charges will be added to proposed amount if AGS is required to suspend work at customer's request. ▪ Any charges from Electric provider for service. ▪ Any code corrections required by the City Inspector for existing conditions. Assumptions: ▪ Work to be done during regular business hours. ▪ Customer to provide access to work area. ▪ Allow up to six weeks for delivery of standard equipment, longer for custom equipment. ▪ Pricing assumes existing conduit is in usable condition. ▪ Ceilings and walls are free and clear of reasonable obstructions: i.e. fire blocks in walls, concrete and blocks in walls and ceilings. ▪ Please allow up to one to two weeks for scheduling. ▪ Trip charges will be added to the proposed amount if AGS is required to suspend work due to customer's request. ▪ Reoccurring trips will be charged at $150.00 per hour per additional trip. ▪ Any time spent waiting, in excess of one half-hour, for access to site will be charged at $150.00 per hour per man. ▪ Conduit to be surface mounted on concrete walls where necessary. ▪ Any items located in front of the electrical panels to be relocated by others. ▪ Coring, conduit, stub-ups, and fire stopping are furnished and installed by others. ▪ Customer will provide access to all areas where placement of equipment and devices is necessary. If access is not available when previously agreed upon, there will be additional charges for lost time. ▪ Power to certain areas may be interrupted to complete the work. Page 69 of 80 Austin Generator Service 2004 Howard Lane Austin, TX 78728 Office: 512-251-2247 Fax: 512.251.3315 4. Permits and Taxes Permits are not included unless specifically noted. Permits, inspection fees, drawings, etc., can be provided by AGS at an additional cost. Any additional requirements listed in local codes, general specifications or other sources are not included with this quotation. State and local taxes may not be included in the proposed price unless specifically noted. 5. Austin Generator Service’s Employees The customer agrees that it shall not hire any employee of AGS who is currently working on a project for the customer, or any employee of AGS who has worked on a project for the customer within the last twelve months. The customer further agrees not to hire any former AGS employee that performed any work on a project for the customer at any time within the prior twelve months. The customer agrees and understands that this provision is necessary so that AGS can protect its investment of time and money in its employees, as well as any confidential or proprietary information known by its employees. 6. Payment Terms For Cash Sales, AGS requires a 50% deposit with order, 35% due upon delivery of equipment, balance due upon completion of startup and testing. For Financing options, see GE Terms and Conditions. A 20% Cancellation fee will apply (of total quoted price). Pricing is firm for order(s) received within 30 days of quotation date. A service charge may be charged on all past due amounts. Amounts will be considered past due 30 days after date of invoice. 7. Warranty Standard equipment manufacturers warranty applies. AGS will warranty all labor and material on all generator and electrical service work for 2 years. AGS will warranty labor and material on workmanship / code compliance indefinitely. 8. Indemnity Subject to the provisions herein, each Party will maintain commercially reasonable insurance for its respective business activities. Each Party will defend, indemnify and hold the other Party, their respective officers, directors, shareholders, members, managers, partners, agents, affiliates, employees and independent contractors harmless from any claims, cost, demands, suits or liability arising out of the indemnifying Party’s negligent acts or omissions or the negligent acts or omissions of its employees, sub-contractors and agents, whether based upon breach of contract, negligence, strict liability or otherwise, arising from or incidental to the services contemplated under this Agreement; provided, however, that the Party seeking such indemnification shall give the indemnifying Party (i) prompt written notice of any such claim or threatened claim, and (ii) full cooperation in any defense or settlement of the claim (at the expense of the indemnifying Party). The foregoing indemnification obligation shall not apply to the extent that such claim is the fault of or is caused by the negligence or willful misconduct of the Party seeking indemnification, and shall not apply to the extent the cost or damages of the Party seeking indemnification are covered by their own insurance. 9. Attorney’s Fees If Austin Generator Service, Inc. is required to hire attorneys to collect amounts owed under this agreement, the customer ag rees to reimburse Austin Generator Service for all attorneys’ fees, expert fees and other legal expenses that it may incur to collect such amount. 10. Incorporation by Reference Unless expressly agreed in writing otherwise, these Standard Terms and Conditions are a part of, and hereby incorporate by re ference, all Proposals submitted by Austin Generator Service to the customer and any Credit Agreement signed by the customer, and all terms and conditions of any such Proposals or Credit Agreements. By signing an AGS proposal, the signatures to this agreement warrant that they have authority to enter into this contract and that they have read the above Standard Terms and Conditions and agree to abide by them. Page 70 of 80 City of Georgetown, Texas Water Utility Board April 14, 2022 S UB J E C T: C onsideration and pos s ible rec ommendation to approve a c ontract to C unningham C onstruc tors & As s ociates , Inc. of G eorgetown Texas for the c onstruc tion of the S ouths ide Water Treatment P lant Ultrafiltration Membrane Improvements P rojec t in the amount of $5,380,000.00. – Wesley Wright, P.E., S ystems Engineering Direc tor / C hris P ousson, C I P Manager IT E M S UMMARY: T his P rojec t is the S outhside Water Treatment P lant Ultrafiltration Membrane improvements project. T his project is to replace the c urrent s ystem that frequently requires the membrane filters to be cleaned and replaced. T he current sys tem initially installed in the early 2000’s utilizes filters that are outdated, obs olete and can no longer be repaired or replac ed. T he projec t inc ludes furnis hing and installing a new 3.6 million gallon per day (MG D) ultrafiltration membrane s ystem and ancillary equipment. T he new sys tem is somewhat univers al and c apable of utilizing multiple different filter canis ters from different s uppliers. During the T C EQ required pilot program, the city tested three different filters . All are readily available on the market, as well as others. T he projec t was advertis ed in the Williams on C ounty S un on Marc h 2, 2022, and March 9, 2022. P lans and S pecific ations were provided to three (3) pers pective bidders through C DM S mith. O n Marc h 29, 2022, at 2 p.m. we rec eived one (1) bid for the projec t. T he sole bidder for the projec t is C unningham C onstruc tors & Assoc iates (C C A) of G eorgetown Texas . C C A is c urrently working for the C ity of G eorgetown on the Lake Water Treatment P lant P has e I V expans ion and previous ly completed the Lake G eorgetown Water Treatment P lant P hase I I I expans ion. C C A has als o c ompleted three (3) Wells R anch W T P ’s for the C ity of New Braunfels. O n multiple occ as ions, they have s uc cessfully demonstrated the experienc e and ability to complete this project. W hile the city only rec eived one bid and while the bid price is approximately 22% higher than the engineer ’s estimate, such inflationary prices are c ommonly oc curring on multiple recent bids . Additionally, the remaining us able filters have already reduc ed the plant’s max day c apacity to only 2MG D (down from 3MG D). T he loss of additional filters will only further reduce plant c apacity, and a fully functional facility is necessary for the c ity to c ontinue to meet daily production demands, espec ially during s ummer peak demand. If approved, the existing plant would be taken offline at the end of this summer’s peak water demand. R ehabilitation work is c ontractually obligated to be c ompleted, with the plant bac k online for the S ummer of 2023. S TAF F R E C O MME N D AT IO N S: C DM S mith and S taff rec ommend awarding a c ontract to C unningham C onstruc tors & Assoc iates, Inc . of G eorgetown Texas for the cons truction of the S outhside Water Treatment P lant Ultrafiltration Membrane Improvements P roject in the amount of $5,380,000.00. F IN AN C IAL IMPAC T: Page 71 of 80 F unds for this projec t are available in the Water C I P Budget S UB MIT T E D B Y: Wesley Wright, P.E., S ystems Engineering Direc tor/C hris P ousson, C I P Manager. AT TAC H ME N T S: Description Type Letter of Recommendation Backup Material Bid Tab Backup Material Southside WTP Photos Backup Material Page 72 of 80 9430 Research Boulevard Building I, Suite 200 Austin, Texas 78759 Tel: (512) 346-1100 Fax: (512) 345-1483 April 4, 2022 Mr. Chris Pousson CIP Manager City of Georgetown 300-1 Industrial Ave. Georgetown, TX 78627 RE: Southside WTP Ultrafiltration Membrane Improvements Project Recommendation of Award Dear Mr. Pousson: The Southside WTP Ultrafiltration Membrane Improvements project was advertised for public bid on March 2 and March 9, 2022, in the Williamson County Sun. Through our office, we provided plans and specifications to three prospective bidders, but would note that a majority of the prospective bidders now obtain bid documents directly through the City procurement and bid portal. At the start of bidding, CDM Smith also sent the invitation to bid to forty (40) potential contractors, subcontractors, and plan rooms to generate early interest in the project. On March 29, 2022, at 2:00 p.m., bids were received at the Georgetown Municipal Complex, Purchasing Department, at 300-1 Industrial Avenue, Georgetown, Texas 78626 for the construction of the Southside WTP Ultrafiltration Membrane Improvements project and then opened and publically read aloud. One bid was received; the name of the bidder and total project bid amount is summarized below: Firm Base Bid Deduct Alt. #1 Total Bid 1. Cunningham Constructors & Assoc., Inc. $5,380,000 not submitted $5,380,000 A bid tabulation is attached. The work to be performed primarily includes removal of the failing 3 mgd membrane water treatment system initially installed in early 2000’s and furnishing and installing a new 3.6 million gallon per day ultrafiltration membrane system and ancillary equipment. We spoke to some contractors that chose not to bid. Two indicated they were too busy due their current high workload and another indicated that he was not familiar with the specified membrane system manufacturers which was a concern given the large percentage of the work to be furnished by the membrane equipment supplier. We also believe that the highly specialized nature of most of the Page 73 of 80 Mr. Chris Pousson April 4, 2022 Page 2 proposed work to be done by subcontractors (i.e., membrane and electrical vendors) combined with market conditions (backlog and labor shortages), could have deterred other prospective bidders. The bid amount submitted by Cunningham Constructors & Assoc., Inc. is 22% above the opinion of probably construction cost of $4,400,000. It is our opinion that the price submitted is high, but should be considered for award given the City’s need for this plant to be rehabilitated and online by the summer of 2023 and given the rising price inflationary period we are currently in. We would also indicate that the WTP improvements unit cost of approximately $1.49 per gallon ($5,380,000/3.6 MGD = $1.49) is within the range of what we are seeing for other recent WTP projects although no building-related facilities are included in this project. In addition to submitting the bid, Cunningham Constructors submitted a Statement of Bidder’s Experience (Section 00400). As listed in Section 00400, Cunningham Constructors has successfully completed several similar WTP projects. The project experience references submitted and their current Lake WTP Phase IV expansion and their previous projects including the Lake WTP Phase III Expansion project and the three Wells Ranch WTP projects for the City of New Braunfels demonstrates their experience and ability to complete the proposed improvements. Thus, based on the successful completion of these previous projects, we believe that Cunningham Constructors can successfully complete the Southside WTP Ultrafiltration Membrane Improvements project as designed and specified. We recommend award of the total base bid price of $5,380,000 to Cunningham Constructors & Assoc., Inc. Sincerely, Gerald S. Furrier, P.E., BCEE CDM Smith Inc. TBPE Firm Registration No. F-3043 cc: Wesley Wright, P.E., David Herzog - City of Georgetown Allen Woelke, P.E., Ana Marie Karamalegos, P.E. - CDM Smith Attachment Enclosed Page 74 of 80 CITY OF GEORGETOWN SOUTHSIDE WTP FOUNDATION IMPROVEMENTS BID DATE: MARCH 29, 2022 BID TABULATION Bidders Cunningham Constructors & Assoc., Inc. Acknowledged Addenda Provided Bid Security (5%) Provided Information from 00400 Total Base Bid Amount 5,038,000.00$ Deductive Alternative No. 1 Amount - TOTAL BID (Base + Add. 1 and Add. 2)5,038,000.00$ March 31, 2022 Page 75 of 80 CITY OF GEORGETOWN SOUTHSIDE WTP ULTRAFILTRATION MEMBRANCE IMPROVEMENTS BID DATE: MARCH 29, 2022 BID TABULATION BASE BID AMOUNT (BASE BID ITEM Nos. 1 - 3) Bid Item Item Description Estimated Quantity 1 BASE BID ITEM NO. 1: Insurance, Bonds and Mobilization/Demobilization Related Expenses not to exceed 5% of Total Bid. 1 2 BASE BID ITEM NO. 2: Furnish and install all necessary labor, materials, equipment and incidentals necessary to construct Southside WTP Ultrafiltration Membrane Improvements for a 3.6 million gallon per day ultrafiltration membrane system with Base Bid Ultrafiltration Membrane manufacturer H2O Innovation, Inc as specified and shown on the drawings including all ancillary equipment, complete in place as detailed and specified, except those costs specifically included in the other items in this Schedule of Prices. 1 3 BASE BID ITEM NO. 3: Owner-directed improvements are considered provisional amounts to be used only if directed and are exclusive of work indicated in the Contract Documents for which payment is included in other items in the Bid Form. Contractor’s cost for bonds, insurance, overhead, profits, etc. associated with this allowance shall be included in the lump sum bid items above; no mark-up shall be allowed for these funds. 1 - Bid Item Item Description Estimated Quantity 1 DEDUCTIVE ALTERNATIVE ITEM NO. 1: Furnish and install all necessary labor, materials, equipment and incidentals necessary to construct improvements for a 3.6 million gallon per day Ultrafiltration Membrane System with one of the alternative Ultrafiltration Membrane manufacturers listed in Specification Section 466133 (Wigen or Westech) including all modifications required to comply with the drawings and as specified and shown on the drawings including all ancillary equipment, complete in place as detailed and specified, except those costs specifically included in the other items in Base Bid Item No. 1 and 3. No other alternative UF membrane system manufacturers will be considered. The Contractor shall be responsible for preparing revised layouts and redesign of equipment areas, including all civil, structural, mechanical, electrical and instrumentation modification, which shall be submitted to the Engineer for review and approval. For this item, submit the total revised price for Base Bid Item No.2 as revised herein for the alternative manufacturer. 1 ADDITIVE POSSIBILITIES -Total Base Bid with Deduct Alt. No. 1 NO DEDUCT ALT BID SUBMITTED $5,380,000.00Total Base Bid (Item Nos. 1-3) $ - DEDUCTIVE ALTERNATIVE BID ITEM NO. 1 Provide Bid Security (5%) Provide Information from 00400 NO DEDUCT ALT BID SUBMITTED Lump Sum March 31, 2022 Cunningham Constructors & Assoc., Inc. Bidders Acknowledged all Addenda Lump Sum $250,000.00 $5,030,000.00 $100,000.00 Page 76 of 80 Page 77 of 80 Page 78 of 80 Page 79 of 80 Page 80 of 80