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HomeMy WebLinkAboutAgenda_GUS_01.12.2018Notice of Meeting for the Georgetown Utility System Adv isory Board and the Gov erning Body of the City of Georgetown January 12, 2018 at 2:00 PM at Georgetown Municipal Complex, 300-1 Industrial Av enue, Georgetown TX The City o f G eo rgeto wn is committed to comp lianc e with the Americans with Dis abilities Ac t (ADA). If yo u req uire as s is tanc e in participating at a p ublic meeting d ue to a disability, as d efined und er the ADA, reas onab le as s is tance, ad ap tatio ns , or acc o mmo d ations will b e provid ed up o n req uest. P leas e c o ntact the City Sec retary's Office, at leas t three (3) days prior to the sc hed uled meeting d ate, at (512) 930-3652 o r City Hall at 113 Eas t 8th Street fo r add itional info rmation; TTY us ers ro ute through Relay Texas at 711. Regular Session (This Regular S es s io n may, at any time, b e rec es s ed to convene an Exec utive S es s io n fo r any p urpose authorized b y the Op en Meetings Act, Texas Go vernment Co d e 551.) A Call to Ord er The Board may, at any time, rec es s the R egular S es s io n to convene in Exec utive S es s io n at the reques t of the Chair, a Board Memb er, the City Manager, As s is tant City Manager, G eneral Manager of Utilities, City Co uncil Member, o r legal c o uns el for any p urpos e authorized b y the Op en Meetings Act, Texas Government C o d e Chapter 551, and are s ubjec t to actio n in the Regular Ses s ion that follows . B Introduction of Vis itors Emp lo yee R ec ognitio n -- None submitted at time o f posting C January 2018 GUS Board Projec t Updates & Dec emb er 2017 Counc il Ac tio ns Wesley Wright, P.E., Sys tems Engineering Direc tor/Michael Hallmark, CIP Manager. D Ind ustry Up d ates Legislativ e Regular Agenda E Review and p o s s ib le ac tion to approve the minutes from the regular GUS Bo ard meeting held on December 7, 2017. - S heila K. Mitchell, GUS Bo ard Liais o n F Co nsideration and possible recommendatio n to ap p ro ve a c o ntract with Leopold, a s ubsidiary of Xylem, Inc. from Zelienople, PA for the replac ement o f the Lake Water Treatment P lant filter number two in the approximate amount of $138,500.00. -- David W. T homison, Water Servic es Manager G Co nsideration and possible recommendatio n to ap p ro ve the following b id award for Water and Wastewater Treatment P lant c hemic al (Sodium Hypoc hlorite) to Brenntag S o uthwes t, Inc.-- David Tho mis on, Water Services Manager H EXECUTIVE SESSION In c o mp lianc e with the Open Meetings Ac t, Chap ter 551, Government C o d e, Verno n's Texas Co d es , Anno tated, the item lis ted b elo w will b e d is c us s ed in c lo s ed session and is s ub ject to ac tion in the regular Page 1 of 44 session. Sec. 551.086 Competitive Matters Quarterly Financ ial F is cal Year 2018 1st Q uarter Up d ate. -- Paul Diaz, Bud get Manager/Chris Fo s ter, Manager of Res ource Planning and Integration (no action required) I Actio n from Executive S es s io n - Quarterly F inancial Fisc al Year 2018 1s t Quarter Update (no action required) Adjournment CERTIFICATE OF POSTING I, Shelley No wling, C ity S ecretary fo r the C ity of Geo rgeto wn, Texas , d o hereby c ertify that this Notice of Meeting was p o s ted at City Hall, 113 E. 8th Street, a p lace read ily acc es s ible to the general p ublic at all times , on the ______ d ay o f __________________, 2018, at __________, and remained so p o s ted fo r at leas t 72 c o ntinuo us ho urs p receding the sc heduled time o f s aid meeting. ____________________________________ S helley No wling, City Sec retary Page 2 of 44 City of Georgetown, Texas Utility System Advisory Board January 12, 2018 SUBJECT: Call to Ord er The Bo ard may, at any time, recess the Regular Ses s ion to c o nvene in Exec utive Ses s ion at the req uest of the Chair, a Bo ard Member, the City Manager, As s is tant City Manager, General Manager o f Utilities , City Counc il Memb er, or legal counsel fo r any purp o s e autho rized by the Op en Meetings Ac t, Texas Go vernment Code Chap ter 551, and are s ub jec t to ac tion in the Regular Ses s io n that fo llo ws. ITEM SUMMARY: FINANCIAL IMPACT: N/A SUBMITTED BY: Page 3 of 44 City of Georgetown, Texas Utility System Advisory Board January 12, 2018 SUBJECT: January 2018 GUS Bo ard P ro ject Up d ates & Dec ember 2017 Co uncil Actions Wes ley Wright, P.E., S ystems Engineering Direc to r/Mic hael Hallmark, CIP Manager. ITEM SUMMARY: GUS Item Update Co versheet January 2018 Airport GST Rehab. Pre-co n was held o n 11/16/17. Rehab has begun. Exterior tank repair are being d o ne. Overflo w pipe extend ed . Interio r repairs to b egin in January Berry Creek Wastewater Interceptor Engineering approved by GUS Bo ard 5/15 & City Co uncil 5/15. Final Des ign P lans are 90% c o mplete & eas ements are 30% comp lete. Boring Samples to b e taken after 1/2/18 Braun Elevated Storage Tank (EST) Engineering Tas k Ord er approved by GUS Board 12/8/17 & City C o unc il o n 12/12/17 Cedar Breaks EST Tank in s ervic e & P unch Lis t Items being res o lved, P ro ject nearing c los eout CR 255 Recommended b y GUS 10/09/15, ap p ro ved b y CC on 10/27/15. Preliminary Cons tructio n Plans are near 80% complete & Eas ements 50% c o mp lete Domel Pump Station Plac ed c onc rete of the three columns for the pump c as ings & bac kfilling with S elect F ill EARZ 2017 NTP is s ued 12/18/17, c rews o n s ite after 1/2/18 LWTP Chemical Storage Improvements Tas k Order ap p ro ved b y GUS Board 12/8/17 & City Co uncil 12/12/17. Tentatively o ut for Bid Summer 2018 Park Lift Station Tas k Order recommend ed by GUS 2/10/17& ap p ro ved b y City Co unc il 2/18/17. Des ign Plans ready fo r review March 2018 Pastor Pump Station Engineering Tas k Ord er approved by GUS Board 4/14/17 and ap proved by Co uncil 4/2/17. Tentatively out fo r Bid May 2018 with 60% P lans und er review Pecan Branch WWTP NTP to b e is s ued for 7/17/17, Crews were s tarting to hang the forms for the s tart o f the concrete walls fo r the aeration basins . Cleaning up the floors o f the b as ins Shell Road Water line Final Des ign P lans are 90% complete & Eas ements are 60% complete Sun City 2.0 MG Elevated Storage Tank GUS Board ap p ro ved 9/8/2017, City C o uncil ap p ro ved o n 9/26/2017. Pre-c o n held. NTP issued for 12/18/17. S ubmittals b eing reviewed Water Tank Rehab- 2018 CDM Tas k Ord er rec o mmended b y GUS Bo ard 12/8/17 & approved b y Counc il 12/12/17 Westinghouse Regional Lift Station NTP – 1/3/17. P ip e wo rk inside the wet well is complete along with the rails for the pump s . Pumps Page 4 of 44 were s et in the wet well and checked fo r alignment Council Actions -- attached FINANCIAL IMPACT: N/A SUBMITTED BY: Wes ley Wright, P.E., S ystems Engineering Direc to r/Mic hael Hallmark, CIP Manager. ATTACHMENTS: Description Type January 2018 GUS Board Updates Cover Memo Dec 2017 Council Actions Backup Material Page 5 of 44 GUS Item Update Coversheet January 2018 Airport GST Rehab. Pre-con was held on 11/16/17. Rehab has begun. Exterior tank repair are being done. Overflow pipe extended. Interior repairs to begin in January Berry Creek Wastewater Interceptor Engineering approved by GUS Board 5/15 & City Council 5/15. Final Design Plans are 90% complete & easements are 30% complete. Boring Samples to be taken after 1/2/18 Braun Elevated Storage Tank (EST) Engineering Task Order approved by GUS Board 12/8/17 & City Council on 12/12/17 Cedar Breaks EST Tank in service & Punch List Items being resolved, Project nearing closeout CR 255 Recommended by GUS 10/09/15, approved by CC on 10/27/15. Preliminary Construction Plans are near 80% complete & Easements 50% complete Domel Pump Station Placed concrete of the three columns for the pump casings & backfilling with Select Fill EARZ 2017 NTP issued 12/18/17, crews on site after 1/2/18 LWTP Chemical Storage Improvements Task Order approved by GUS Board 12/8/17 & City Council 12/12/17. Tentatively out for Bid Summer 2018 Park Lift Station Task Order recommended by GUS 2/10/17& approved by City Council 2/18/17. Design Plans ready for review March 2018 Pastor Pump Station Engineering Task Order approved by GUS Board 4/14/17 and approved by Council 4/2/17. Tentatively out for Bid May 2018 with 60% Plans under review Pecan Branch WWTP NTP to be issued for 7/17/17, Crews were starting to hang the forms for the start of the concrete walls for the aeration basins. Cleaning up the floors of the basins Page 6 of 44 Shell Road Water line Final Design Plans are 90% complete & Easements are 60% complete Sun City 2.0 MG Elevated Storage Tank GUS Board approved 9/8/2017, City Council approved on 9/26/2017. Pre-con held. NTP issued for 12/18/17. Submittals being reviewed Water Tank Rehab- 2018 CDM Task Order recommended by GUS Board 12/8/17 & approved by Council 12/12/17 Westinghouse Regional Lift Station NTP – 1/3/17. Pipe work inside the wet well is complete along with the rails for the pumps. Pumps were set in the wet well and checked for alignment Page 7 of 44 Project: Airport GST Rehab Project# 2CQ Update – January 2018 Project Description: This project will consist of the rehabilitation of the ground storage tank used to provide reclaim water to Sun City Golf Courses. Purpose: The purpose of this project is includes repairing tank, removal of existing coating on interior and exterior of tank and applying a new coating system. Also will include other various repairs. Manager: Michael Hallmark Engineer: Dunham Engineering, Inc. Contractor: E.J. Chris Contracting (Current State) Phase Start Finish Status / Comments Preliminary Engineering December 2016 June 2017 ROI complete. Final Design June 2017 August 2017 100% complete ROW / Easements N/A N/A N/A Bid / Award Bid # August 2017 October 2017 GUS Board approved 10/13/17 – City Council approved on 10/24/17 Construction December 2017 Rehab has begun. Exterior tank repair are being done. Overflow pipe extended. Interior repairs to begin in January. Post Construction Page 8 of 44 Project: Berry Creek Wastewater Interceptor Project# 3CJ Update – January 2018 Project Description: This project will consist of approximately 15,000 linear feet of wastewater interceptor ranging in diameter from 36-inch to 30-inch from the existing Berry Creek lift station to the existing Sun City lift station. The alignment of the interceptor will generally follow Berry Creek. Purpose: The purpose of this project is to add wastewater capacity in Sun City, provide wastewater service to the Shell road area, and will allow Sun City Lift Station to come off line when the future phases are complete. Manager: Michael Hallmark Engineer: CDM Smith Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering May 2015 February 2016 Recommended by GUS 5/8/15 approved by CC 5/26/15. Final Design February 2016 March 2018 90% complete ROW / Easements June 2015 30% complete Bid / Award Bid # Construction Post Construction Page 9 of 44 Project: Braun EST Project# 2JG Update – January 2018 Project Description: This project involves - Design, bidding and general services during construction for a 3 MG elevated storage tank (EST) at the Braun EST site Purpose: The purpose of this project is to add additional elevated water storage capacity and meet the demands of the water system in the 1178 pressure plane. Manager: Michael Hallmark Engineer: CDM Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering January 2018 March 2018 Task Order approved by GUS Board 12/8/17 & by City Council 12/12/17 Final Design April 2018 July 2018 ROW / Easements Bid / Award Bid # September 2018 October 2018 Tentatively out for Bid October 2018. Construction Post Construction Page 10 of 44 Project: Cedar Breaks Elevated Water Storage Tank Project# 2CH Update – January 2018 Project Description: Consist of 2 million gallon Elevated Water Storage Tank. Purpose: The purpose of this project is to add elevated water storage in lieu of the ground storage tank and pump station and meet the demands of the water system in the 980 pressure plane. Manager: Michael Hallmark Engineer: CDM Smith Contractor: Landmark Constructors Phase Start Finish Status / Comments Preliminary Engineering January 2014 June 2014 Complete Final Design June 2014 July 2014 Complete ROW / Easements January 2016 March 2016 Complete Bid / Award Bid # 201624 NOA 6/29/16 NTP 7/18/16 March 2016 April 2016 Bid opening 3/29/16. Recommended by GUS 6/10/16. Approved by CC on 6/28/16. Construction 7/18/16 Substantial Scheduled for 11/16/17 Notice to Proceed 7/18/16. Tank in service & Punch List Items being resolved, Project nearing closeout Post Construction Page 11 of 44 Project: County Road 255 Waterline Improvements Project# 2JE Update – January 2018 Project Description: This project involves upgrading the existing 15-inch water main with 16-inch C-905 or DI pipe. This project will consist of approximately 44,500 LF of 16-inch water main replacement. Purpose: The purpose of this project is to upgrade the class pipe water mains to C-905 or DI pipe, and replace this existing main that has a large amount of water leaks. Manager: Michael Hallmark Engineer: KPA Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering October 2015 March 2016 Recommended by GUS 10/09/15, approved by CC on 10/27/15. Final Design March 2016 February2018 80% Complete ROW / Easements October 2015 50% complete Bid / Award Bid # Construction Post Construction Page 12 of 44 Project: Domel Pump Station Improvements Project# 2JF Update – January 2018 Project Description: This project will consist of construction 3 submersible pumps to bring capacity to a firm 3 MGD, construct a new UV reactor and UV system. Purpose: The purpose of this project is to adequately keep up with water demands by supplying a firm 3 MGD. Manager: Michael Hallmark Engineer: CDM Contractor: Archer Western Phase Start Finish Status / Comments Preliminary Engineering December 2015 April 2016 Task Order Recommended by GUS 2/10/17 Approved by CC 2/28/17 Final Design May 2016 March 2017 Complete ROW / Easements N/A N/A N/A Bid / Award Bid # Bid opening Bid Opening 5/23/17 Bid# 201727 Archer Western Approved by Council 6/27/17 Construction TBD NTP issued to Archer Western 7/17/17 Placed concrete of the three columns for the pump casings & backfilling with Select Fill Post Construction Page 13 of 44 Project: EARZ 2017 Project# 3CM Update – January 2018 Project Description: This project will consist of pipe bursting, cured-in-place, open trench, & rehabbing manholes. Purpose: The purpose of this project is to make repairs on the wastewater collection system to be in compliance with TCEQ rules and regulations. Manager: Michael Hallmark Engineer: KPA Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering March 2017 June 2017 Task Order Recommended by GUS 2/10/17 Approved by CC 2/28/17 Final Design June 2017 August 2017 Complete ROW / Easements N/A N/A N/A Bid / Award Bid # Bid opening Approved by GUS Board & City Council on 10/24/17. NTP issued 12 Construction NTP issued 12/18/17, crews on site after 1/2/18 Post Construction Page 14 of 44 Project: Lake WTP – Chemical Storage Improvements Project# 2CW Update – January 2018 Project Description: This project involves - Design, bidding and general services during construction for the design of sodium permanganate storage and feed system improvements at the Lake WTP. Purpose: The purpose of this project is the sodium permanganate storage and feed system improvements will be bid so that small specialized, qualified chemical feed contractors can bid the project. Manager: Michael Hallmark Engineer: CDM Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering January 2018 March 2018 Task Order approved by GUS Board 12/8/17 & City Council 12/12/17 Final Design April 2018 June 2018 ROW / Easements Bid / Award Bid # July 2018 September 2018 Tentatively out for Bid Summer 2018. Construction Post Construction Page 15 of 44 Project: San Gabriel Park Lift Station Project# 3CN Update – January 2018 Project Description: This project will consist of the construction a new wastewater lift station with appurtenant electrical and instrumentation improvements. Purpose: The purpose of this project is to provide wastewater service for growth and development in the San Gabriel Wastewater Basin. Manager: Michael Hallmark Engineer: KPA Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering March 2017 June 2017 Recommended by GUS 2/10/17& City Council 2/18/17 Final Design July 2017 December 2017 Design Plans ready for review March 2018 ROW / Easements N/A N/A Bid / Award Bid # Construction Post Construction Page 16 of 44 Project: Pastor Pump Station – Westloop Waterline Project# 2BZ Update – January 2018 Project Description: This project involves upgrading the existing pump station with two new motors, pumps, electrical, instrumentation & HVAC. Design of pipeline improvements to provide more water to the Pastor Pump Station and to complete the West Loop Water Line near SH 29 and DB Wood Road. Purpose: The purpose of this project is to upgrade pipeline improvements and to provide more water to the Pastor Pump Station and to complete the West Loop Water Line near SH 29 and DB Wood Road. Manager: Michael Hallmark Engineer: CDM Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering May 2017 October 2017 Task Order recommended by GUS 4/14/17 and goes to Council 4/25/17. Final Design October 2017 February 2018 ROW / Easements Bid / Award Bid # Tentatively out for Bid May 2018. 60% Plans under review Construction Post Construction Page 17 of 44 Project: Pecan Branch Wastewater Treatment Plant Expansion Project# 3CA Update – January 2018 Project Description: The project includes expanding the existing Pecan Branch WWTP from 1.5 mgd to 3.0 mgd including the construction of an influent pump station, screening and grit removal facilities, aeration basins, secondary clarifiers, cloth disk filters, UV disinfection facility, sludge holding tanks facilities, site grading and paving, electrical improvements, and instrumentation improvements. Purpose: The purpose of this project is to provide wastewater treatment for future growth and development. Manager: Michael Hallmark Engineer: CDM Smith Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering November 2012 March 2013 Complete Final Design December 2015 January 2017 100% Set of Plans ROW / Easements Complete Bid / Award Bid # 201717 March 2017 May 2017 Bid Opening 3/28/17 GUS Board approved 4/14/17 City Council 4/25/17 NOA 4/26/17 Construction NTP 7/17/17, crews have placed concrete for T-wall on the aeration basin. Poured concrete for the center pier for the clarifier 3 and started to work on the forms for the center pier in clarifier 4 Post Construction Page 18 of 44 Project: Shell Road Waterline Improvements Project# 3CI Update – January 2018 Project Description: This project will consist of approximately 13,500 LF of 16-inch water line and approximately 2300 LF of 12-inch waterline. Purpose: The purpose of this project is to provide secondary feed of water to Sun City. Manager: Michael Hallmark Engineer: KPA Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering April 2015 August 2015 Task Order Recommended by GUS 3/13/15 Approved by CC 3/24/15. Final Design August 2015 March 2018 90% complete ROW / Easements June 2015 October 2017 60% complete Bid / Award Bid Construction Post Construction Page 19 of 44 Project: Sun City Elevated Water Storage Tank Project# 2CP Update – January 2018 Project Description: This project will consist of the replacement of the existing .4 million gallon Elevated Water Storage Tank with a 2 million gallon Elevated Water Storage Tank. Purpose: The purpose of this project is to increase elevated water storage in the Sun City 1015 pressure plan from .4 MG to 2MG to meet the demands of the water system in the 1015 pressure plane. Manager: Michael Hallmark Engineer: Dunham Engineering, Inc. Contractor: CB&I Phase Start Finish Status / Comments Preliminary Engineering November 2016 May 2017 Task Order recommended by GUS 11/11/16, Approved by CC 11/22/16. Final Design May 2017 June 2017 100% complete ROW / Easements N/A N/A N/A Bid / Award Bid # July 2017 September 2017 GUS Board and Council Approved Construction December 2017 Pre-con held. NTP issued for 12/18/17. Submittals being reviewed Post Construction Page 20 of 44 Project: Water Tank Rehab - 2018 Project# 2CX Update – January 2018 Project Description: This project involves - Design bidding and general services during construction for the demolition of the steel ground storage tank (GST) and steel lime silo at the Park Water Treatment Plant (WTP), demolition of the Woods GST, and rehabilitation of the 1 MG GST at the Southside WTP; and design Purpose: The purpose of this project is the demolition of the steel structures at the Park WTP and the Woods sites and rehabilitation of the 1 MG GST at the Southside WTP site will be bid so that qualified demolition and tank rehab contractors can bid the project. Manager: Michael Hallmark Engineer: CDM Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering January 2018 March 2018 Task Order recommended by GUS Board 12/8/17 & approved by Council 12/1/2/17 Final Design April 2018 June 2018 ROW / Easements Bid / Award Bid # July 2018 September 2018 Tentatively out for Bid Summer 2018. Construction Post Construction Page 21 of 44 Project: Westinghouse Regional Lift Station Project# 3CE Update – January 2018 Project Description: This project will consist of a new wastewater lift station with appurtenant electrical and instrumentation improvements including an emergency generator. Also included will be Stonehedge Lift Station improvements this project will provide electrical improvements at the Stonehedge Lift Station that will allow the use of a portable emergency generator, and the addition of piping improvements including a flow control valve and vault and a new 8-inch force main. Purpose: The purpose of this project is to provide wastewater service for growth and development in the Westinghouse area. Manager: Michael Hallmark Engineer: CDM Smith Contractor: CC Carlton Phase Start Finish Status / Comments Preliminary Engineering August 2014 October 2014 Complete Final Design October 2014 July 2016 100% complete ROW / Easements August 2014 August 2016 Complete Bid / Award Bid # 201646 September 2016 October 2016 Bid Opening 9/29/16 GUS Board 11/11/16 City Council approved 11/22/16 NOA sent 11/23/16 Construction November 2016 January 2018 NTP – 1/3/17. Pipe work inside the wet well is complete along with the rails for the pumps. Pumps were set in the wet well and checked for alignment Post Construction January 2018 October 2018 Page 22 of 44 GUS BOARD ITEMS FORWARDED TO COUNCIL December 12, 2017 I Forwarded from Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to renew the Tree Trimming and Vegetation Management Contract to National Tree Expert Company, Inc. of Burnet, Texas, in the estimated amount of $280,000.00 -- Glenn W. Dishong, Utility Director V Forwarded from Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to approve Task Order CDM-18-002 with CDM Smith, Inc. of Austin, Texas, for professional services related to Braun Elevated Storage Tank; Park Water Treatment Plant (WTP) Ground Storage Tank (GST) and Lime Silo Demolition, Woods Pump Station (PS) Ground Storage Tank (GST) Demolition, and Southside Water Treatment Plant (WTP) Ground Storage Tank (GST) Rehabilitation; and Lake Water Treatment Plant (WTP) Sodium Permanganate Storage and Feed System Improvements in the amount of $518,633.00 -- Wesley Wright, P.E., Systems Engineering Director ALL ITEMS PASSED Page 23 of 44 City of Georgetown, Texas Utility System Advisory Board January 12, 2018 SUBJECT: Review and pos s ible actio n to ap p ro ve the minutes fro m the regular GUS Board meeting held o n Dec emb er 7, 2017. - Sheila K. Mitc hell, GUS Board Liaison ITEM SUMMARY: Bo ard to review, revis e and /or ap p ro ve the minutes fro m the regular GUS Board meeting held o n Dec emb er 7, 2017. FINANCIAL IMPACT: N/A SUBMITTED BY: Sheila K. Mitc hell/GUS Bo ard Liais o n ATTACHMENTS: Description Type GUS Board Dec 7, 2017 DRAFT Minutes Backup Material Page 24 of 44 Minutes of the Meeting of the Georgetown Utility Systems Advisory Board and the Governing Body of the City of Georgetown, Texas December 7, 2017 at 2:00PM at Georgetown Municipal Complex, 300-1 Industrial Avenue, Georgetown, TX 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 113 East 8th Street for additional information: TTY users route through Relay Te xas at 711. Board Members Present: Mike Cunningham – Chair, John Copelan – Vice Chair, Joyce Mapes -- Secretary, Steve Fought, Edward Wiley, Arthur Yaeger, David Maserang Board Members Absent: none Staff Members Present: Jim Briggs, Mike Babin, Glenn Dishong, Wesley Wright, Leticia Zavala, Mike Westbrook, Chris Foster, David Thomison, Mike Stasny, Rosemary Ledesma, Joe Sepulveda, Justin Breithaupt, Sheila Mitchell Others Present: 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.) A. Call to Order – Called to order by Chair at 2:00p.m. The Board may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair, a Board Member, the City Manager, Assistant City Manager, General Manager of Utilities, City Council Member, or legal counsel for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551, and are subject to action in the Regular Ses sion that follows. B. Introduction of Visitors – Guillermo Flores, Joe Bland Construction Employee Recognition -- Technical Services Department – Mike Stasny, Technical Services Manager Joe Sepulveda, GIS Supervisor – originally from Chicago. Has been with city since January 2016; promoted to new position in July. Worked in public sector in GIS consulting services in Chicago. -- SCADA Department – Mike Stasny, Technical Services Manager Justin Breithaupt, SCADA Supervisor – started with city in 2008 as SCADA Tech, previously position as SCADA I&C Tech, Sr.; promoted to new position in November. Mitchell introduced new GUS Administrative Assistant, Emily Koontz who joined our Admin Team this last month. C. December 2017 GUS Project Updates – Wesley Wright, P.E., Systems Engineering Director/Michael Hallmark, CIP Manager Wright noted reports in packets and gave brief updates on each. Maserang asked about Sun City EST meeting with Sun City residents. He is in Shady Oaks so would like to have meeting as they are directly affected. Wright will arrange meeting and discuss timeline with Maserang. D. Industry Updates Briggs gave legislative update – House and Senate committees have been charged to take up special districts. He spoke on our initial dissolution bill from last session that didn’t make it through session and our final bill which was passed. He gave updates on the three lawsuits regarding the consolidation; and CTSUD Board, PUC and City of Georgetown. The Third District Court of Appeals will receive the latter on 27th of this month. He spoke further on timelines of bill and lawsuits, which Page 25 of 44 could carry on through 2018-2019. Briggs spoke on work Zavala has done looking at growth to prepare for updates on impact fees and rates. Growth consistent over last ten years between city and CTSUD service areas. We’re approaching double growth numbers within the last two years. Revenues will increase however supplies will be depleted at a faster rate and will expedite projects to meet demand. High growth in Western District (formerly CTSUD). City population approximately 65,000 now. This will affect impact fees. Briggs spoke about new water agreements Wright will be presenting to council in coming week, to serve areas of Western District, for old agreements which are expiring. Ledesma departed meeting at 2:25pm Maserang asked and Briggs responded the new agreements are more performance based for developments actually installing meters. He also asked and Briggs responded on how excessive demands/consumptions are handled, stating provisions and programs (such as irrigation audits) are already in place to handle this. Lastly, Briggs discussed considerations by council regarding annexations and evaluations to be done in order to serve those areas. Capital improvements could be affected depending on Council decisions. There are also considerations to be made following state laws regarding areas for annexation and how water/wastewater infrastructure could be impacted. Copelan asked and Briggs commented on current weather, water demands and any changes that may occur on number of days allowed to water. He discussed drought conditions; moving into Stage 1 drought conditions based on lake levels. Some discussion continued. Briggs responded to question from Fought regarding zebra mussels and their entry into Lake Georgetown; they are now confirmed. As we’ve previously discussed, they’ve been in Stillhouse Hollow Lake and Lake Belton areas. There will be challenges moving forward and how they’ll be controlled on the water treatment side of operations. Thomison’s staff will be dealing with this as things progress. There are others that have dealt with them and have proven strategies in place so we will take from those successes on how best to handle. Legislative Regular Agenda. The Board will individually consider and possibly take action on any or all of the following items: E. Review and possible action to approve the minutes from the Regular GUS Board meeting on November 10, 2017 and the regular GUS Board meeting held on October 13, 2017. – Sheila K. Mitchell, GUS Board Liaison All minutes presented were considered in whole for approval. No questions or changes. Motion by Yaeger, seconded by Copelan to approve all minutes, as presented. Approved 7-0-0 F. Consideration and possible recommendation to renew the Tree Trimming and Vegetation Management Contract to National Tree Expert Company, Inc. of Burnet, Texas, in the estimated amount of $280,000.00. – Mike Westbrook, Electric Operations Manager Westbrook explained item noting this is first renewal of five year contract. National Tree has done excellent job for city, stating tree trimming is essential in maintaining operations of the system. They have fantastic customer service while performing their job. Fought stated he had heard great feedback. Motion by Wiley, seconded by Mapes to renew the Tree Trimming and Vegetation Management Contract to National Tree Expert Company, Inc. of Burnet, Texas, in the estimated amount of $280,000.00. Approved 7-0-0 G. Consideration and possible recommendation to approve Task Order CDM-18-002 with CDM Smith, Inc. of Austin, Texas, or professional services related to Braun Elevated Storage Tank; Park WTP GST and Lime Silo Demolition, Woods PS GST Demolition, and Southside WTP GST Rehabilitation; and Lake WTP Sodium Permanganate Storage and Feed System Improvements in the amount of $518,633.00. – Wesley Wright, P.E., Systems Engineering Director/Michael Hallmark, CIP Manager Wright explained multiple projects included in Task Order request. He presented maps and photos of various locations and tanks to be demolished, showing their current condition and need for removal and replacement. He noted the Sodium Permanganate Storage is a safety enhancement for the Lake Plant. The largest item of the projects is a new elevated storage tank in the Western District, known as Braun EST; former CTSUD asset. Located in one of the primary growth areas. Task Order is to Page 26 of 44 prepare multiple bid packages for all of these tanks. Cunningham asked and Wright stated estimates for Braun is approximately $4 million; Southside tank is approximately $450,000; Woods PS demolition is possibly $100,000. Maserang asked about competitive bidding process and Wright explained we do have to bid for construction projects, however state law prohibits bids for professional services. Motion by Maserang, seconded by Copelan to approve Task Order CDM-18- 002 with CDM Smith, Inc. of Austin, Texas, or professional services related to Braun Elevated Storage Tank; Park WTP GST and Lime Silo Demolition, Woods PS GST Demolition, and Southside WTP GST Rehabilitation; and Lake WTP Sodium Permanganate Storage and Feed System Improvements in the amount of $518,633.00. Approved 7-0-0 Adjournment Motion by Wiley, seconded by Copelan to adjourn. Meeting adjourned at 2:54p.m. __________________________ _____________________________ Mike Cunningham – Chair Joyce Mapes – Secretary _________________________________ Sheila K. Mitchell, GUS Board Liaison Page 27 of 44 City of Georgetown, Texas Utility System Advisory Board January 12, 2018 SUBJECT: Cons id eration and p o s s ib le rec o mmendation to approve a contrac t with Leo p o ld , a s ub s id iary o f Xylem, Inc . fro m Zelieno p le, PA fo r the rep lacement of the Lake Water Treatment Plant filter numb er two in the ap p ro ximate amo unt o f $138,500.00. -- David W. Tho mis o n, Water Servic es Manager ITEM SUMMARY: In Octo b er the underdrain and media s upport s ys tem on LWTP Filter #2 failed , red uc ing the capac ity of the fac ility by 2 ½ million gallo ns p er day. The und erd rain is c o nstruc ted of multip le prec is ely engineered b lo cks c o vered by an equally s p ecific perforated mat. A fac tory representative evaluated the s ystem and after remo val of all the med ia and sub s eq uent ins p ectio n it was confirmed that a c o mp lete rep lacement was nec es s ary. This s ys tem, whic h b y regulation mus t be rep laced b y an id entic al product, can only b e o b tained via a s ole s o urc e (Leo p o ld , a sub s idiary of Xylem). The total quoted pric e includ es all lab o r, equipment, and materials related to remo val o f the existing failed materials, ins tallation of the new filter und erdrain, mat/cap, and new anthrac ite media, the req uired o versight and certification by Leo p o ld , testing and warranty, and evaluatio n as to the probable caus e of the failure. SPECIAL CONSIDERATIONS: Xylem, Inc . is a s ole s o urc e provid er of Leo p o ld parts and is the only lo cation that bids will b e rec eived fo r the rep lacement of Filter number two . STAFF RECOMMENDATION: Staff rec o mmend s award ing the capital replac ement o f the Lake Water Treatment P lant filter #2 to Xylem, Inc . in the app ro ximate amount of $138,500.00. FINANCIAL IMPACT: Funds fo r this additio nal expend iture will imp ac t the Water Services Budget. Fund Actual Bud get 660-5-0529-52-165 Water Servic e-P lant Up grad e $138,500.00.00 $153,759.24 SUBMITTED BY: David W. Thomis on, Water Services Manager (s km) ATTACHMENTS: Description Type Quote Backup Material Sole Source Letter Backup Material Page 28 of 44 Proposal Lake WTP Georgetown, TX Prepared for: City of Georgetown 11/29/2017 Page 29 of 44 Xylem Water Solutions USA, Inc. 227 S. Division St. Zelienople, PA 16063 Mr. Bruce Wolfe Direct: 724-453-2062 Mobile: 724-504-0366 Email: bruce.wolfe@xyleminc.com 11/29/2017 Project name : Georgetown, TX Project number : I17473 rev01 City of Georgetown: Based on your inquiry, we are pleased to forward the following proposal to your attention. Thank you for the opportunity to offer our equipment and services for the Georgetown, TX Lake WTP project. We hope that our proposal comes up to your expectation. If you have any questions please do not hesitate to contact me or our local representative. Respectfully, Bruce Wolfe Senior Sales Engineer Page 30 of 44 Project number: I17473 Page 3 of 11 Date: November 29, 2017 Revision no.: 01 Table of Content 1 Technical Description .................................................................................................. 4 1.1 Scope of Supply ............................................................................................................. 4 1.2 Services ......................................................................................................................... 6 2 Technical Clarification & Deviations ........................................................................... 6 3 Price & Scope of Supply .............................................................................................. 6 4 Commercial Terms & Conditions ................................................................................ 7 4.1 Delivery schedule ........................................................................................................... 7 4.1.1 Delivery time ........................................................................................................... 7 4.1.2 Production schedule ................................................................................................ 7 4.2 T&C’s for proposal ......................................................................................................... 7 Page 31 of 44 Project number: I17473 Page 4 of 11 Date: November 29, 2017 Revision no.: 01 1 Technical Description 1.1 SCOPE OF SUPPLY We are pleased to offer the following materials and services by Xylem Water Solutions USA, Inc. This quotation has been prepared using previous Leopold contract M6-5030 and Leopold specifications. FILTER UNDERDRAIN SYSTEM FILTER #2: LEOPOLD UNIVERSAL TYPE S UNDERDRAIN: Under this section, we propose to furnish Leopold Universal Type S Underdrain of the Dual/Parallel Lateral type, manufactured from corrosion resistant, high density polyethylene for installation in one (1) filter cell. The filter cell measures 21'-11" lateral run x 10'-0". The total filter area is 220 square feet. The blocks shall be arranged end-to-end and mechanically joined with an O-ring to form continuous underdrain laterals approximately equivalent to the length of the filter cell. The joints shall be gasketed, bell and spigot type with internal alignment tabs for proper alignment, and be air and water tight. Joints shall be snap-lock type so that the blocks are joined with integral interlocking snap lugs and lug receptors for ease of assembly and installation of the laterals, and supplied with carbon steel "L" anchor rods. I.M.S 200 MEDIA RETAINER: Under this section, we propose to furnish 220 square feet of I.M.S 200 media retainer. The scope includes molded thermoplastic I.M.S 200 media retainer factory installed onto the proposed Leopold Universal Type XA Underdrain block prior to shipment. AIR HEADER PIPING: The existing air header pipe shall be reused. FILTER MEDIA: One (1) filter cell, 220 square feet 900 cubic feet FILTER ANTHRACITE – 48” Depth plus 1” skimming allowance Effective Size: 1.00 mm to 1.10 mm Uniformity coefficient: 1.40 22.5 Tons Page 32 of 44 Project number: I17473 Page 5 of 11 Date: November 29, 2017 Revision no.: 01 1.2 SERVICES MANUFACTURER'S SERVICES (FILTER EQUIPMENT): The services of a qualified Leopold technical representative to instruct the Contractor's personnel about the proper installation technique of the filter equipment will be provided for a period of (4) days (8 hr/day) on site in two (2) trips. Additional services may be obtained at the current prevailing rate plus living and travel expenses 2 Price & Scope of Supply 2.1 MAIN SCOPE BASIS of PRICING: Any items and/or accessories not specifically called out in this quotation must be construed as being furnished by others. This quotation is considered firm for 90 days. Orders received more than 90 days after the date of this quotation is reviewed by Xylem Water Solutions USA, Inc before acceptance and is subject to changes in prices or delivery depending on conditions existing at the time of entry. Quoted prices are firm for delivery within 12 months from the delivery date stipulated in the plans & specifications or mutually agreed upon by Xylem Water Solutions USA, Inc. and Purchase Order issuer at time of order placement. We do not include any applicable taxes. Orders resulting from this quotation should be addresses to Xylem Water Solutions USA, Inc. 227 S. Division St., Zelienople, PA, 16063, USA. We propose to furnish the material described in this document for a total selling price of $ 138,500. All prices are DAP jobsite with full freight allowed to the job site. FILTER MEDIA WARRANTY (if applicable): SELLER warrants that its filter media products will meet the standards established by the latest edition of AWWA (American Water Works Association) B100. SELLER shall be responsible for verifying that the filter media meets or exceeds the AWWA B100 Standard at the point of sale. Testing shall be by an independent laboratory, which regularly performs testing of filter media. BUYER shall notify Xylem Water Solutions USA, Inc. immediately upon discovery of any defective product. The SELLER shall have the right to inspect said product and BUYER shall, if requested, return the defective product to the SELLER with transportation prepaid. NO Page 33 of 44 Project number: I17473 Page 6 of 11 Date: November 29, 2017 Revision no.: 01 LIABILITY IS ASSUMED BY THE SELLER UNDER ANY CIRCUMSTANCES FOR LABOR, MATERIAL OR OTHER COSTS ASSOCIATED WITH THE REMOVAL OR REPLACEMENT OF MEDIA UNLESS PREVIOUSLY APPROVED IN WRITING BY AN AUTHORIZED EMPLOYEE OF THE SELLER. For further information pertaining to the equipment contained in this proposal, please contact our area representative, who is: Environmental Improvements, Inc 235 Trademark Drive Buda, TX 78610 Phone: (512) 295-3733 Attention: Brian Phenegar Pricing is based on the following payment terms (net 30 days): 10% following initial submittal for approval 80% following the date of the respective shipments of the product 5% following installation, not to exceed 150 days after shipment of the product 5% following start-up, not to exceed 180 days after shipment of the product 3 Commercial Terms & Conditions 3.1 DELIVERY SCHEDULE 3.1.1 Delivery time Delivery of fabricated items and filter media 6 to 8 weeks after drawing approval. 3.1.2 Production schedule Submittal of mechanical drawings for approval 2 to 3 weeks after order acceptance. 3.2 T&C’S FOR PROPOSAL 1. Agreement, Integration and Conflict of Terms. These terms and conditions, together with any special conditions expressly incorporated thereto in the quotation or sales form, are to govern any sale between the Seller and Buyer. The Seller shall m ean the applicable affiliate of Xylem Inc. that is party to the Agreement (“Seller”). The Buyer shall mean the entity that is party to the Agreement with Seller. This writing is an offer or counteroffer by Seller to sell the goods and/or services set forth on the quotation or sales form subject to these terms and conditions and is expressly made conditional on Buyer’s assent to these terms and conditions. Acceptance by Buyer is expressly limited to these terms and conditions. Any additional or different terms and conditions contained in Buye r’s purchase order or other communication shall not be effective or binding upon Seller unless specifically agreed to in writing by Seller; Se ller hereby objects to any such conditions, and the failure of Seller to object to specific provisions contained in any purchase or der or other communication from Buyer shall not be construed as a waiver of these terms and conditions nor an acceptance of any such provi sions. Page 34 of 44 Project number: I17473 Page 7 of 11 Date: November 29, 2017 Revision no.: 01 Neither Seller’s commencement of performance nor delivery shall be deemed or construed as acceptance of Buyer’s additional or different terms and conditions. Buyer agrees that these terms and conditions, together with any accompanying quotation and any special conditions or limited process guarantees or documents referred to or included within the quotation and expressly made a part of this agreement, (e.g., drawings, illustrations, specifications, or diagrams), is the complete and final agreement between Buyer and the Seller (“Agr eement”). In the case of any conflict among the foregoing documents, these terms shal l take precedence with the exception of price and delivery which shall be governed by the order acknowledgment (if any) and invoice, and the warranty which shall be governed by Seller’s pro duct documentation. This Agreement supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties and, further, can only be altered, modified or amended with the express written consent of Seller. 2. Quotation, Withdrawal, Expiration. Quotes are valid for thirty (30) calendar days from the date of issuance unless otherwise provided therein. Seller reserves the right to cancel or withdraw the quotation at any time with or without notice or cause prior to acceptance by Buyer. There is no Agreement if any conditions specified within the quotation or sales form are not completed by Buyer to Seller’s satisfaction within thirty (30) calendar days of Seller’s acknowledgement in writing of an order. Seller nevertheless reserv es its right to accept any contractual documents received from Buyer after this 30-day period. 3. Prices. Prices apply to the specific quantities stated on the quotation or sales form. Prices include standard packing according to Seller's specifications for delivery. All costs and taxes for special packing requested by Buyer, including packing for exports, shall be paid by Buyer as an additional charge. Prices are subject to change without notice. The price for the goods does not include any applicable sales, use, excise, GST, VAT, or similar tax, duties or levies. Buyer shall have the responsibility for the payment of such taxes if applicable. 4. Payment Terms. Seller reserves the right to require payment in advance or C.O.D. and otherwise modify credit terms should Buyer’s credit standing not meet Seller’s acceptance. Unless different payment terms are expressly set forth in the quotation or sales form or order acknowledgment or Sales Policy Manual, goods will be invoiced upon shipment. Payment shall be made in the local currency where Seller’s office is located and to which the order has been submitted. Payment in full is due within thirty (30) days from the invoice date unless otherwise stated in Seller’s documentation. In the event payment is not made when due, Buyer agrees to pay Seller a service or finance charge of the lesser of (i) one and one-half percent (1.5%) per month (18% per annum), or (ii) the highest rate permitted by applicable law, on the unpaid balance of the invoice from and after the invoice due date. Buyer is responsible for all costs and expenses associated with any checks returned due to insufficient funds. All credit sales are subject to prior approval of Seller's credit department. Export shipments will require payment prior to shipment or an appropriate Letter of Credit. If, during the performance of the contract with Buyer, the financial responsibility or condition of Buyer is such that Seller in good faith deems itself insecure, or if Buyer beco mes insolvent, or if a material change in the ownership of Buyer occurs, or if Buyer fails to make any payments in accordance with the terms of its contract with Seller, then, in any such event, Seller is not obligated to continue performance under the contract and may stop goods in transit and defer or decline to make delivery of goods, except upon receipt of satisfactory security or cash payments in advance, or Seller may te rminate the order upon written notice to Buyer without further obligation to Buyer whatsoever. If Buyer fails to make payments or fails to furnish security satisfactory to Seller, then Seller shall also have the right to enforce payment to the full contract price of the work compl eted and in process. Upon default by Buyer in payment when due, Buyer shall immediately pay to Seller the entire unpaid amounts for any and all shipments made to Buyer irrespective of the terms of said shipment and whether said shipments are made pursuant to this Agree ment or any other contract of sale between Seller and Buyer, and Seller may withhold all subsequent shipments until the full amount is settled. Acceptance by Seller of less than full payment shall not be a waiver of any of its rights hereunder. Buyer shall not assign or transfer this Agreement or any interest in it, or monies payable under it, without the written consent of Seller and any assignment made without such consent shall be null and void. 5. Title, Delivery, Risk of Loss. Delivery dates are estimates, and time is not of the essence. Unless otherwise specified by Seller, delivery and transfer of risk of loss for shipments to Buyers that are not Related Party Buyers will be made Incoterms 2010 Ex Works (Seller’s plant or Distribution Center). Title shall pass when risk of loss transfers. Seller shall not be responsible to Buyer for any loss, whether direct, indirect, incidental or consequential in nature, including without limitation loss of profits or liquidated damages, arising out of or relating to any failure of the goods to be delivered by the specified delivery date. In the absence of specific instructions, Seller will select the carrier. Buyer shall reimburse Seller for the additional cost of its performance resulting from inaccurate or lack of delivery instruc tions, or by any act or omission on Buyer’s part. Any such additional cost may include, but is not limited to, storage, insurance, protecti on, re- inspection and delivery expenses. Buyer further agrees that any payment due on delivery shall be made on delivery into stor age as though goods had been delivered in accordance with the order. Related Party Buyers are defined as Buyers, directly or indirectly, owned more than 50% by Xylem Inc. or under significant or joint control by Xylem Inc. For export shipments from the USA to Related Party Buyers, title and risk of loss for the material shall pass to the Related Party Buyer at the port of destination. Incoterm 2010 shall be DAP (Destination). Related Party Buyer shall be importer of record for any customs clearance. For shipments to Related Party Buyers that are not export shipments from the USA, delivery and transfer of risk of loss shall be Incoterm 2010 FCA (Seller’s plant or Distribution Center) unless otherwise specified. Title shall pass when the risk of loss passes to Buyer. Buyer grants to Seller a continuing security interest in and a lien upon the products and the proceeds thereof (including insurance proceeds), as security for the payment of all such amounts and the performance by Buyer of all of its ob ligations to Seller pursuant to this Agreement and all such other sales, and Buyer shall have no right to sell, encumber or dispose of the products. Buyer shall execute any and al l financing statements and other documents and instruments and do and perform any and all other acts and things which Seller may consider necessary, desirable or appropriate to establish, perfect or protect Seller's title, security interest and lien. In addition, Buyer aut horizes Seller and its agents and employees to execute any and all such documents and instruments and do and perform any and all such acts and things, at Buyer's Page 35 of 44 Project number: I17473 Page 8 of 11 Date: November 29, 2017 Revision no.: 01 expense, in Buyer's name and on its behalf. Such documents and instruments may also be filed without the signature of Buyer to the extent permitted by law. 6. Warranty. For goods sold by Seller to Buyer that are used by Buyer for personal, family or household purposes, Seller warrants the goods to Buyer on the terms of Seller’s limited warranty available on Seller’s website. For goods sold by Seller to Buyer for any other purpose, Seller warrants that the goods sold to Buyer hereunder (with the exception of membranes, seals, gaskets, elastomer materials, coatings and other "wear parts" or consumables all of which are not warranted except as otherwis e provided in the quotation or sales form) will be (i) be built in accordance with the specifications referred to in the quotation or sales form, if such specifications are expressly made a part of this Agreement, and (ii) free from defects in material and workmanship for a period of one (1) year from the date of installation or eighteen (18) months from the date of shipment (which date of shipment shall not be greater than thirty (30) days after receipt of notice that the goods are ready to ship), whichever shall occur first, unless a longer period is provided by law or is specified in the product documentation (the “Warranty”). For services, the warranty period shall be three (3) months from the date of invoice unless otherwise expressly set forth in the quotation or sales form or order acknowledgment. Except as otherwise provided by law, Seller shall, at its option and at no cost to Buyer, either repair or replace any produc t which fails to conform with the Warranty; provided, however, that under either option, Seller shall not be obligated to remove the defective product or install the replaced or repaired product and Buyer shall be responsible for all other costs, including, but not limited to, s ervice costs, shipping fees and expenses. Seller shall have complete discretion as to the method or means of repair or replacement. Buyer’s failure to comply with Seller’s repair or replacement directions shall constitute a waiver of its rights and render all warranties void. Any parts repaired or replaced by Seller under the Warranty are warranted only for the balance of the warranty period on the parts that were repaired or replaced. The Warranty is conditioned on Buyer giving written notice to Seller of any defects in material or workmanship of warranted goods within ten (10) days of the date when any defects are first manifest. Seller shall have no warranty obligations to Buyer with respect to any product or parts of a product that: (a) have been repaired by third parties other than Seller or without Seller’s written app roval; (b) have been subject to misuse, misapplication, neglect, alteration, accident, or physical damage; (c) have been used in a manner contrary to Seller’s instructions for installation, operation and maintenance; (d) have been damaged from ordinary wear and tear, corrosi on, or chemical attack; (e) have been damaged due to abnormal conditions, vibration, failure to properly prime, or operation without flow; (f) have been damaged due to a defective power supply or improper electrical protection; or (g) have been damaged resulting from the u se of accessory equipment not sold by Seller or not approved by Seller in connection with products supplied by Seller hereunder. In any case of products not manufactured by Seller, there is no warranty from Seller; however, Seller will extend to Buyer any warranty rece ived from Seller’s supplier of such products. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF WHATEVER NATURE RELATING TO THE GOODS PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICU LAR PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. EXCEPT AS OTHERWISE PROVIDED BY LAW, BUYER’S EXCLUSIVE REMEDY AND SELLER’S AGGREGATE LIABILITY FOR BREACH OF ANY OF THE FOREGOING WARRANTIES ARE LIMITED TO REPAIRING OR REPLACING THE PRODUCT AND SHALL IN ALL CASES BE LIMITED TO THE AMOUNT PAID BY THE BUYER HEREUNDER. IN NO EVENT IS SELLER LIABLE FOR ANY OTHER FORM OF DAMAGES, WHETHER DIRECT, INDIRECT, LIQUIDATED, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS OR REVENUE, LOSS OF INCOME, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY OR LOSS OF REPUTATION. 7. Inspection. Buyer shall have the right to inspect the goods upon their receipt. When delivery is to Buyer’s site or to a project site (“Site”), Buyer shall notify Seller in writing of any nonconformity of the goods with this Agreement within three (3) days fr om receipt by Buyer, unless a shorter period is required in Seller’s quot ation. For all other deliveries, Buyer shall notify Seller in writing of any nonconformity with this Agreement within fourteen (14) days from receipt by Buyer. Failure to give such applicable notice shall constitute a waiver of Buyer's right to inspect and/or reject the goods for nonconformity and shall be equivalent to an irrevocable acceptance of the goods by Buyer. Claims for loss of or damage to goods in transit must be made to the carrier, and not to Seller. 8. Seller’s Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL SELLER’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY BUYER UNDER THIS AGREEMENT. SELLER SHALL HAVE NO LIABILITY FOR LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS OR REVENUE, LOSS OF INCOME, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY, LOSS OF REPUTATION, LIQUIDATED, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL BE EFFECTIVE WITHOUT REGARD TO SELLER’S ACTS OR OMISSIONS OR NEGLIGENCE OR STRICT LIABILITY IN PERFORMANCE OR NON-PERFORMANCE HEREUNDER. 9. USED EQUIPMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, USED EQUIPMENT IS SOLD IN AN AS IS, WHERE IS CONDITION. SELLER MAKES NO REPRESENTTIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY OR CONDITION OF THE EQUIPMENT, OR ITS SUITABILITY FOR ANY USE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS EXPRESSLY AGREED UPON IN WRITING BETWEEN THE PARTIES. SELLER SHALL HAVE NO LIABILITY TO BUYER HEREUNDER OR IN CONNECTION WITH THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, FOR LOSS OF PROFIT, LOSS OF INCOME, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES. Page 36 of 44 Project number: I17473 Page 9 of 11 Date: November 29, 2017 Revision no.: 01 10. Force Majeure. Seller may cancel or suspend this Agreement and Seller shall have no liability for any failure to deliver or perform, or for any delay in delivering or performing any obligations, due to acts or omissions of Buyer and/or its contractors, or due to circumstances beyond Seller’s reasonable control, including but not limited to acts of God, fire, flood or other natural disasters, war and civil disturbance, riot, acts of governments, terrorism, disease, currency restrictions, labor shortages or disputes, unavailability of materials, fuel, power, energy or transportation facilities, failures of suppliers or subcontractors to effect deliveries, in which case the time for performance shall be extended in an amount equal to the excused period, provided that Seller shall have, as soon as reasonably practicable after i t has actual knowledge of the beginning of any excusable delay, notified Buyer of such delay, of the reason therefor a nd of the probable duration and consequence thereof. Seller shall use its best efforts to eliminate the cause of the delay, interruption or cessation and to resume performance of its obligations hereunder with the least possible delay. 11. Cancellation. Except as otherwise provided in this Agreement, no order may be cancelled on special or made-to-order goods or unless otherwise requested in writing by either party and accepted in writing by the other. In the event of a cancellation by Buyer, Buyer shall, within thirty (30) days of such cancellation, pay Seller a cancellation fee, which shall include all costs and expenses i ncurred by Seller prior to the receipt of the request for cancellation including, but not limited to, all commitments to its suppli ers, subcontractors and others, all fully burdened labor and overhead expended by Seller, plus a reasonable profit charge.” Return of goods shall be in accordance with Seller’s most current Return Materials Authorization and subject to a minimum fifteen percent (15%) restocking fee, unless otherwise specified. Notwithstanding anything to the contrary herein, in the event of the commencement by or against Buyer of any voluntary or involuntary proceedings in bankruptcy or insolvency, or in the event Buyer shall be adjusted bankrupt, make a general assignment for the benefit of its creditors, or if a receiver shall be appointed on account of Buyer’s insolvency, or if Buyer fails to make payment when due u nder this Agreement, or in the event Buyer does not correct or, if immediate correction is not possible, commence and diligently continue action to correct any default of Buyer to comply with any of the provisions or requirements of this Agreement within ten (10) calendar days after being notified in writing of such default by Seller, Seller may, by written notice to Buyer, without prejudice to any other rights or remedies which Seller may have, terminate its further performance of this Agreement. In the event of such termination, Seller shall b e entitled to receive payment as if Buyer has cancelled the Agreement as per the preceding paragraph. Seller may nevertheless elect to com plete its performance of this Agreement by any means it chooses. Buyer agrees to be responsible for any additional costs incurred by Seller in so doing. Upon termination of this Agreement, the rights, obligations and liabilities of the parties which shall have arisen or been incurred under this Agreement prior to its termination shall survive such termination. 12. Drawings. All drawings are the property of Seller. Seller does not supply detailed or shop working drawings of the goods; however, Seller will supply necessary installation drawings. The drawings and bulletin illustrations submitted with Seller's quotation show general type, arrangement and approximate dimensions of the goods to be furnished for Buyer’s information only and Seller makes no representation or warranty regarding their accuracy. Unless expressly stated to the contrary within the quotation or sales fo rm, all drawings, illustrations, specifications or diagrams form no part of this Agreement. Seller reserves the right to alter such details in design or arrangement of its goods which, in its judgment, constitute an improvement in construction, application or operation. All engineering information necessary for installation of the goods shall be forwarded by Seller to Buyer to upon Buyer’s acceptance of this Agreement. After Buyer’s acceptance of this Agreement, any changes in the type of goods, the arrangement of the goods, or application of the goods requested by Buyer will be made at Buyer's expense. Instructions necessary for installation, operating and maintenance will be supplied when the goods are shipped. 13. Proprietary Information, Injunction. Seller’s designs, illustrations, drawings, specifications, technical data, catalogues, “know-how”, economic or other business or manufacturing information (collectively “Proprietary Information”) disclosed to Buyer shall be deemed proprietary and confidential to Seller. Buyer agrees not to disclose, use, or reproduce any Proprietary Information without first having obtained Seller’s express written consent. Buyer’s agreement to refrain from disclosing, using or reproducing Proprietary Information shall survive completion of the work under this Agreement. Buyer acknowledges that its improper disclosure of Proprietary Informatio n to any third party will result in Seller’s suffering irreparable harm. Seller may seek injunctive or equitable relief to prevent Buyer’s unauthorized disclosure. 14. Installation and Start-up. Unless otherwise agreed to in writing by Seller, installation shall be the sole responsibility of Buyer. Where start-up service is required with respect to the goods purchased hereunder, it must be performed by Seller's authorized personnel or agents; otherwise, the Warranty is void. In the event Buyer has engaged Seller to provide an engineer for start-up supervision, such engineer will function in a supervisory capacity only and Seller shall have no responsibility for the quality of workmanship of the installation. In any event, Buyer understands and agrees that it shall furnish, at Buyer's expense, all necessary foundations, supplies, la bor and facilities that might be required to install and operate the goods. 15. Specifications; Back-charges. Changes in specifications requested by Buyer are subject to approval in writing by Seller. In the event such changes are approved, the price for the goods and the delivery schedule shall be changed to reflect such changes. Buyer shall not make purchases nor shall Buyer incur any labor that would result in a back charge to Seller without prior wri tten consent of an authorized employee of Seller. 16. Buyer Warranty. Buyer warrants the accuracy of any and all information relating to the details of its operating conditions, including temperatures, pressures, and where applicable, the nature of all hazardous materials. Seller can justifiably rely upon the a ccuracy of Buyer’s information in its performance. Should Buyer’s information prove inaccurate, Buyer agrees to reimburse Seller for any losses, liabilities, damages and expenses that Seller may have incurred as a result of any inaccurate information provided by Buyer to Seller. Page 37 of 44 Project number: I17473 Page 10 of 11 Date: November 29, 2017 Revision no.: 01 17. Minimum Order. Seller reserves the right to refuse to process any order that does not meet quantity requirements that Seller may establish for any given product or group of products. 18. Quality Levels. Prices are based on quality levels commensurate with normal processing. If a different quality level is required, Buyer must specify its requirements, as approved in writing by Seller, and pay any additional costs that may be applicable. 19. Product Recalls. In cases where Buyer purchases for resale, Buyer shall take all reasonable steps (including, without limitation, those measures prescribed by the seller): (a) to ensure that all customers of the Buyer and authorised repairers who own or use affected products are advised of every applicable recall campaign of which the Buyer is notified by the Seller; (b) to ensure that modifications notified to Buyer by Seller by means of service campaigns, recall campaigns, service programmes or otherwise are made with respect to any products sold or serviced by Buyer to its customers or authorized repairers. The reimbursement of Buyer for parts and labor used in making those modifications shall be as set forth in the campaign or program instructions. Without the prior consent of the Seller, the Buyer shall not disclose to any third party the information contained in service campaign, recall campaign or service programme literature. Should Buyer fail to perform any of the actions required under this section, Seller shall have the right to obtain names and address of the Buyer’s customers and shall be entitled to get into direct contact which such customers. 20. GOVERNING LAW. THE TERMS OF THIS AGREEMENT AND ALL RIGHTS AND OBLIGATIONS HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE JURISDICTION WHERE SELLER’S OFFICE IS LOCATED TO WHICH THIS ORDER HAS BEEN SUBMITTED (WITHOUT REFERENCE TO PRINCIPLES OF CONFLICTS OF LAWS). THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL NOT BE GOVERNED BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. 21. Export Regulation. Seller’s products, including any software, documentation and any related technical data included with, or contained in, or utilized by such products or deliverables, may be subject to applicable export laws and regulations, including United States Export Administration Regulations, and Buyer shall complay with all such applicable laws and regulations. In particular, the Buyer shall not, and shall not permit any third parties to, directly or indirectly, export, re-export or release any product to any jurisdiction or country to which, or any party to whom, the export, re-export or release of any product is prohibited by applicable law, regulation or rule. The Buyer shall be responsible for any breach of this Section 20. 22. Titles. The section titles are for reference only, and shall not limit or restrict the interpretation or construction of this Agreement. 23. Waiver. Seller’s failure to insist, in any one or more instances, upon Buyer’s performance of this Agreement, or to exercise any rights conferred, shall not constitute a waiver or relinquishment of any such right or right to insist upon Buyer’s performance in a ny other regard. 24. Severability. The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. AGREEMENT TO PURCHASE: BUYER agrees ACCEPTANCE: SELLER hereby accepts to purchase the equipment and services herein BUYER'S offer to purchase. in accordance with the terms and conditions set forth above. ________________________________________ Xylem Water Solutions USA, Inc. (BUYER) BY:____________________________________ BY:_________________________________ ____________________________________ _________________________________ ____________________________________ _________________________________ Page 38 of 44 Project number: I17473 Page 11 of 11 Date: November 29, 2017 Revision no.: 01 ______________________, 20 __________ _____________________, 20 _________ Page 39 of 44 227 South Division Street Zelienople, PA 16063 Tel: 724/453-2062 Fax: 724/452-1377 To: Mike Welch City Georgetown, TX Mike, In response to your recent request, Xylem Water Solutions U.S.A., Inc. respectfully presents the following information. Leopold, a Xylem brand, is the Sole Source supplier of the Type S Underdrain equipment, I.M.S 200 media retainer and inspection services required for filter #2. Leopold, a Xylem brand, is the manufacturer and markets the product direct to municipalities and general contractors through this office and our representatives. The existing air header pipe in the filter is compatible with the Type S underdrain and can be reuse on the filter replacement if required. We trust this information meets with your requirements. Should you have any questions or require additional information, please do not hesitate to contact us. Best regards, Bruce Wolfe Senior Sales Engineer Page 40 of 44 City of Georgetown, Texas Utility System Advisory Board January 12, 2018 SUBJECT: Cons id eration and p o s s ib le rec o mmendation to approve the fo llo wing b id award fo r Water and Wastewater Treatment Plant c hemical (Sodium Hypoc hlo rite) to Brenntag S o uthwes t, Inc .-- David Tho mis o n, Water Services Manager ITEM SUMMARY: The p urpose of this bid is to provid e water and was tewater treatment c hemic als as part of the plant o p erations treatment requirements . Four (4) b id s were rec eived. Lo west bid items were reviewed fo r compliance with the s p ecific ations and referenc e c hec ks were p erfo rmed . The term of contrac t: For o ne (1) year and may be renewed for fo ur (4) o ne-year p erio d s up o n review and ap p ro val b y the City. COMMENTS: Staff rec o mmend s award of the bids to the lo wes t res pons ive b id d er for eac h item o r lot as ap p ro p riate. STAFF RECOMMENDATIONS: Staff rec o mmend s award of the bids to the lo wes t res pons ive b id d er, Brenntag S o uthwes t Inc ., for each item p er attac hment s ummary. FINANCIAL IMPACT: The total annual c os t is the projec ted cost of c hemic als up o n histo rical treatment p ro cess volume. Funds fo r this ad d itio nal expend iture are available in the water was tewater treatment b udget. F und Annual Bud get 660-5-0529-51-149 Chemicals $560,000.00 660-5-0531-51-149 Chemicals $95,000.00 SUBMITTED BY: David Tho mis on, Water Services Manager (s km) ATTACHMENTS: Description Type Recommendation ltr Backup Material Bid Tab Backup Material Page 41 of 44 Page 1 of 1 Solicitation Award Recommendation From: Deborah Knutson, CPPB – Senior Buyer, Purchasing Date: December 11, 2017 Re: Recommendation for Solicitation # 201801 – Sodium Hypochlorite 12.5% SUMMARY: The City’s current contract for Sodium Hypochlorite was not renewed on October 1, 2017 due to a change in the Vendor’s chemical source resulting in an increase in cost over 50%. Therefore, a formal solicitation was issued for Sodium Hypochlorite for the following locations: Lake Georgetown Surface Water Treatment Plant, Park Water Treatment Plant, South Side Water Treatment Plant, San Gabriel Wastewater Treatment Plant and Domel Ground Water Treatment Plant. The solicitation was posted on the City’s Ion Wave bid system on November 5, 2017. 324 vendors were invited to bid. There were 50 HUB vendors from the City’s bid system invited and 13 Georgetown vendors. Four (4) bids were received. The bids were reviewed for compliance with the specifications. It was determined that the low bidder’s bid response was not compliant, as additional pricing was hand written at the bottom of the bid form and the bid form states that no separate line item changes shall be permitted for either bidding or invoicing purposes. Also additional cost for emergency deliveries was not provided (Bidder submitted “TBD” – Invitation to Bids are not negotiable). It was determined that the second lowest bidder was compliant and provided the best value for the City. The recommended second lowest bidder has performed services for the City previously, and the City was extremely satisfied with their performance, therefore, it was determined that reference checks were not needed. The Contract term: Initial term effective from the date of acceptance and approval and remain in full force and effect for one (1) year, with a renewal term of four (4) additional one-year terms for a total contract term of five (5) years. Pricing will be firm for the initial term, with the option for unit price adjustment at renewal term, requested in writing, and be no more than 5% increase per renewal period and shall be based on the PPI for commodity 0316-0217 (potassium and sodium compounds – ex bleach). RECOMMENDATION: Upon review of bids it is recommended that the following be awarded: • Brenntag Southwest, Inc. W. Thomas Crain, Jr. - President 610 Fisher Road Longview, Texas 75604 Telephone #: 512-278-1600 Facsimile #: 512-278-1684 E-Mail: gtollefsen@brenntag.com • Bid Pricing o Sodium Hypochlorite 12.5%: $ 0.859 per gallon. o Estimated time of delivery in days (ARO): 2 – 3 Days o Additional cost for Emergency Delivery: Included in price The City provided an estimated annual quantity of 360,805 gallons Estimated Total (not to exceed): $ 309,931.50 Page 42 of 44 Solicitation Tabulation FOR REFERENCE ONLY - This document summarizes proposals received and is not intended to replace a complete detailed evaluation of each proposal.1 Bid Invitation No./Title: 201801: Sodium Hypochlorite 12.5% Univar USA, Inc. Item # Unit Price (Per Gallon) Est. Annual Qty. Extended Annual Price (Unit Price X Est. Annual Qty.) Unit Price (Per Gallon) Est. Annual Qty. Extended Annual Price (Unit Price X Est. Annual Qty.) Unit Price (Per Gallon) Est. Annual Qty. Extended Annual Price (Unit Price X Est. Annual Qty.) Unit Price (Per Gallon) Est. Annual Qty. Extended Annual Price (Unit Price X Est. Annual Qty.) 1. $0.7780 360,805 gallons $208,706.29 $ 0.8590 360,805 gallons $309,931.50 $ 0.8950 360,805 gallons $322,920.00 $ 0.8950 360,805 gallons $322,920.47 2. Bid Notes: 1. Invitations sent to 324 Vendors 2. 4.0625 % Georgetown vendors (13) 3. 15.625% HUB vendors (50) 4. Sent to 4 CMBL HUB Vendors 5. Initial term - one year from CC approval 6. Renewals - four (4) one (1) year renewals 7. Bid review & Reference checks by D. Knutson NO BID NO BID Domel Ground WTP $ 1.68/GAL.Provided information on Chemical bid None Provided information on Chemical bid Opening Date: December 5, 2017 @ 2:00 PM (CST) Brenntag Southwest, Inc.DPC Industries, Inc.   Petra Chemical Company 3 Days $350.00     Best Value Reference Form: Acknowledgement of any Addenda: Description Sodium Hypochlorite 12.5% 3. Notes: FSTI, Inc. 1 - 3 Days $ 150.00 (negotiable)     Estimated Time of Delivery in Days ARO: Additional cost for Emergency Delivery: (Next Day Delivery) TBD 3 - 5 Days 2 - 3 Days Included   Certification and Acknowledgment:    Bid Form: Page 43 of 44 City of Georgetown, Texas Utility System Advisory Board January 12, 2018 SUBJECT: EXECUTIVE SESSION In compliance with the Op en Meetings Act, C hapter 551, Go vernment Code, Vernon's Texas Codes, Annotated, the item lis ted below will be d is cus s ed in closed s es s io n and is s ubjec t to actio n in the regular s es s io n. Sec. 551.086 Competitive Matters Quarterly Financ ial Fis c al Year 2018 1s t Quarter Update. -- P aul Diaz, Budget Manager/Chris Foster, Manager of R es o urc e P lanning and Integratio n (no action required) ITEM SUMMARY: FINANCIAL IMPACT: N/A SUBMITTED BY: Chris Fo s ter, Manager o f Res o urc e Planning & Integratio n (s km) Page 44 of 44