Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda_GUS_05.10.2019
Notice of Meeting for the Georgetown Utility System Adv isory Board and the Gov erning Body of the City of Georgetown May 10, 2019 at 2:00 P M at Georgetown Municipal Complex, 300-1 I ndustrial Av enue, Georgetown T X 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. 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 C all to O rder T he Board may, at any time, recess the R egular S es s ion to convene in Executive S ession at the request of the C hair, a Board Member, the C ity Manager, As s is tant C ity Manager, G eneral Manager of Utilities, C ity C ounc il Member, or legal counsel for any purpose authorized by the O pen Meetings Act, Texas G overnment C ode C hapter 551, and are subject to ac tion in the R egular S ession that follows . B Introduc tion of Visitors Employee R ec ognition -- None s ubmitted at time of posting C May G US C I P Updates and April C ounc il ac tions - Wes ley Wright, P.E., S ys tems Engineering Director/Michael Hallmark, C I P Manager D Indus try Updates L egislativ e Regular Agenda E 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 table at the entrance 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. F or Board Liais on contac t information, please logon to https ://government.georgetown.org/georgetown-utility-sys tem-advis ory-board-gus/. Page 1 of 124 -- At time of pos ting, no persons had signed up to addres s the Board. F R eview and pos s ible ac tion to approve the minutes from the regular G US Board meeting held on April 12, 2019. - S heila K. Mitchell, G US Board Liais on G C ons ideration and possible recommendation to approve renewal #1 to the c ontract agreement #18-0039- G C with Brenntag S outhwest, Inc., for Water and Wastewater Treatment P lant chemical (S odium Hypochlorite) in the estimated amount of $309,931.50. -- David T homison, Water S ervices Manager H C ons ideration and possible recommendation to exercise an option to renew an Agreement with Hydro P ro S olutions LLC for providing Mas ter Meter water meters and registers for the Advanced Metering Infrastruc ture sys tem with a not to exc eed amount of $1,000,000. -- Mike S tasny, Tec hinical S ervic es Manager/R osemary Ledesma, P urchas ing Manager I C ons ideration and possible recommendation to renew an Agreement with Wes co Dis tribution, Inc. to provide Honeywell elec tric meters and related items for the Advanced Metering Infrastruc ture sys tem in an amount not to exc eed $420,000. -- Mike S tas ny, Technic al S ervices Manager/R os emary Ledes ma, P urchas ing Manager J C ons ideration and possible recommendation to approve Tas k O rder KPA-19-006 with Kas berg, P atrick & As s ociates , LP of G eorgetown, Texas , for professional services related to the 2019 EAR Z Was tewater R ehabilitation - Area 2 in the amount of $382,745.00. -- Wes ley Wright, P.E., S ys tems Engineering Direc tor / Mic hael Hallmark, C I P Manager K C ons ideration and possible recommendation to approve Tas k O rder # G VR -19-001-TO to G arver US A for the design of 12 inc h water main from S E Inner Loop to the Vantage apartments along F M 1460 in the amount of $61,663.00. -- Wes ley Wright, P.E., S ys tems Engineering Director/ Mic hael Hallmark, C I P Manager L C ons ideration and possible recommendation on the F Y20 C apital Improvement P lan -- Wes ley Wright, P E, S ys tems Engineering Director M Executive S ession In compliance with the O pen Meetings Act, C hapter 551, G overnment C ode, Vernon's Texas C odes , Annotated, the item lis ted below will be disc ussed in closed s es s ion and is subject to ac tion in the regular session. Sec. 551.086 Competitive Matters C ons ideration, dis cus s ion, and possible recommendation on the F Y20 Elec tric C apital Improvement P lan - Wesley Wright, P.E., S ystems Engineering Direc tor N Ac tion from Exec utive S es s ion - F Y20 Elec tric C apital Improvement P lan (action required) 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 _________________, 2019, 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 124 City of Georgetown, Texas Utility System Advisory Board May 10, 2019 S UB J E C T: C all to O rder T he Board may, at any time, rec es s the R egular S ession to c onvene in Exec utive S es s ion at the reques t of the C hair, a Board Member, the C ity Manager, Assistant C ity Manager, G eneral Manager of Utilities , C ity C ouncil Member, or legal c ouns el for any purpos e authorized by the O pen Meetings Ac t, Texas G overnment C ode C hapter 551, and are s ubjec t to action in the R egular S es s ion that follows. IT E M S UMMARY: F IN AN C IAL IMPAC T: N/A S UB MIT T E D B Y: Page 3 of 124 City of Georgetown, Texas Utility System Advisory Board May 10, 2019 S UB J E C T: May G US C I P Updates and April C ouncil actions- Wesley Wright, P.E., S ystems Engineering Direc tor/Mic hael Hallmark, C I P Manager IT E M S UMMARY: G US Item Up d ate C o versheet May 2019 Berry Creek Wastewater Interceptor – 3C J C rews have currently installed 1000 LF of 36” was tewater pipe and have s econd c rew has installed 1200 LF of 30’ was tewater line north of O ak tree drive Berry Creek Wastewater Interceptor Phases 1, 2 & 3 Alternative routing around Berry S prings P ark under review and redesign Braun Elevated S torage Tank (E S T) All s even wall lifts have been placed & crews to plac e c onc rete for the dome floor week of April 29th Cedar Breaks to P astor Dedicated Water Line C rews have installed 2700 LF of 24” waterline along DB Woods road south of C edar Breaks ES T C R 255 R ec ommended by G US 10/09/15, approved by C C on 10/27/15. P reliminary C onstruc tion P lans are near 80% c omplete & Eas ements 50% complete E AR Z Area 1 - 2018 P M C onstruc tion to be on s ite 4/29/19 to s tart repairs Lake WT P Chemical S torage Improvements Tas k O rder approved by G US Board 12/8/17 & C ity C ounc il 12/12/17. Tentatively out for Bid S pring 2019 Lake WT P Raw Water Intake & Pump Station Improvements Divers have installed all 9 s lide gates & gate c ontrol stems /brac kets . P ipe work to be ins talled during low water usage months in the F all Park Lift S tation Tas k O rder recommended by G US 2/10/17& approved by C ity C ounc il 2/18/17. 100% Des ign P lans & S pec s being reviewed by S taff, Bids in s ummer 2019 Pastor Pump Station P ump c ans, valves & piping has been ins talled, slab on grade placed, pumps due on site mid to late May Pecan Branch WWT P Lift S tation & Headworks S hutdowns have been c ompleted, Installing Bar S c reen & Elevator, F inal C larifiers being filled for tes ting, equipment start up testing c ontinues Ronald Reagan Water Line 95% of the 30” waterline has been ins talled along R onald R eagan, line being filled & pressure tes ted in sec tions S an Gabriel Wastewater Treatment P lant – Belt Press Tas k O rder approved by G US Board 3/9/18 & by C ity C ouncil 3/27/18. Tentatively out for Bid S ummer 2019 S hell Road Water line F inal Design P lans are 90% complete & Easements are 60% complete Page 4 of 124 S outh Lake Water Treatment Plant – Intake & Raw Waterline Task O rder approval by G US Board 1/11/19 & C ity C ounc il 1/22/19 S un City 2.0 MG Elevated S torage Tank P aint crew sc heduled to be completed the week of April 22nd. C ivil s ub onsite to c omplete tie-ins . S C ADA/Electrical in place and ready to be ac tivated. Week of May 6th targeted to fill tank. Water Tank Rehab- 2018 C DM Tas k O rder recommended by G US Board 12/8/17 & approved by C ounc il 12/12/17 Tentatively out for Bid S pring 2019 West University 2018 Waterline Improvements East bore under HEB driveway near c ompletion then move to wes t driveway bore, 75% of the 12” waterline has been ins talled April Council Actions -- No ac tions items were forwarded to C ounc il F IN AN C IAL IMPAC T: N/A S UB MIT T E D B Y: Wesley Wright, P.E., S ystems Engineering Direc tor/Mic hael Hallmark, C I P Manager. AT TAC H ME N T S: Description Type May GUS CIP Updates Backup Material Page 5 of 124 GUS Item Update Coversheet May 2019 Berry Creek Wastewater Interceptor – 3CJ Crews have currently installed 1000 LF of 36” wastewater pipe and have second crew has installed 1200 LF of 30’ wastewater line north of Oak tree drive Berry Creek Wastewater Interceptor Phases 1, 2 & 3 Alternative routing around Berry Springs Park under review and redesign Braun Elevated Storage Tank (EST) All seven wall lifts have been placed & crews to place concrete for the dome floor week of April 29th Cedar Breaks to Pastor Dedicated Water Line Crews have installed 2700 LF of 24” waterline along DB Woods road south of Cedar Breaks EST 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 EARZ Area 1 - 2018 PM Construction to be on site 4/29/19 to start repairs Lake WTP Chemical Storage Improvements Task Order approved by GUS Board 12/8/17 & City Council 12/12/17. Tentatively out for Bid Spring 2019 Lake WTP Raw Water Intake & Pump Station Improvements Divers have installed all 9 slide gates & gate control stems/brackets. Pipe work to be installed during low water usage months in the Fall Park Lift Station Task Order recommended by GUS 2/10/17& approved by City Council 2/18/17. 100% Design Plans & Specs being reviewed by Staff, Bids in summer 2019 Pastor Pump Station Pump cans, valves & piping has been installed, slab on grade placed, pumps due on site mid to late May Page 6 of 124 Pecan Branch WWTP Lift Station & Headworks Shutdowns have been completed, Installing Bar Screen & Elevator, Final Clarifiers being filled for testing, equipment start up testing continues Ronald Reagan Water Line 95% of the 30” waterline has been installed along Ronald Reagan, line being filled & pressure tested in sections San Gabriel Wastewater Treatment Plant – Belt Press Task Order approved by GUS Board 3/9/18 & by City Council 3/27/18. Tentatively out for Bid Summer 2019 Shell Road Water line Final Design Plans are 90% complete & Easements are 60% complete South Lake Water Treatment Plant – Intake & Raw Waterline Task Order approval by GUS Board 1/11/19 & City Council 1/22/19 Sun City 2.0 MG Elevated Storage Tank Paint crew scheduled to be completed the week of April 22nd. Civil sub onsite to complete tie- ins. SCADA/Electrical in place and ready to be activated. Week of May 6th targeted to fill tank. Water Tank Rehab- 2018 CDM Task Order recommended by GUS Board 12/8/17 & approved by Council 12/12/17 Tentatively out for Bid Spring 2019 West University 2018 Waterline Improvements East bore under HEB driveway near completion then move to west driveway bore, 75% of the 12” waterline has been installed Page 7 of 124 Project: Berry Creek Wastewater Interceptor Project# 3CJ Update – May 2019 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. Project Manager: Ken Taylor Engineer: CDM Smith Contractor: Santa Clara Construction 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 100% complete ROW / Easements June 2015 Complete Bid / Award Bid # Approved by City Council on 12/11/18, NTP issued 1/24/19 Construction January 2019 February 2020 Crews have currently installed 1000 LF of 36” wastewater pipe and have second crew has installed 1200 LF of 30’ wastewater line north of Oak Tree drive Post Construction Page 8 of 124 Project: Berry Creek Wastewater Interceptor Phase 1,2, &3 Project# Update – May 2019 Project Description: This project will consist of approximately 21,500 linear feet of wastewater interceptor ranging in diameter from 36-inch to 48-inch from the existing Berry Creek lift station to the existing Pecan Branch Wastewater Plant. 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. Project Manager: Ken Taylor Engineer: Walker Partners, LLC Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering November 2017 November2018 Recommended by GUS 10/13/17 Approved by City Council 10/23/17. Boring samples being analyzed Final Design November 2018 January 2019 ROW / Easements Bid / Award Bid # Alternative routing around Berry Springs Park under review and redesign Construction January 2019 April 2020 Post Construction Page 9 of 124 Project: Braun EST Project# 2JG Update – May 2019 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. Project Manager: Ken Taylor Engineer: CDM Contractor: Landmark Structures 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 Approved by GUS Board & Council in October Construction January ‘19 All seven wall lifts have been placed & crews to place concrete for the dome floor week of April 29th Post Construction Page 10 of 124 Project: Cedar Breaks EST – Pastor 24 Inch Dedicated Water Line Project# 2JI Update – May 2019 Project Description: This project will consist of approximately 12,000 linear feet water line that will run from Cedar Breaks Elevated Storage Tank to the Pastor Ground Storage Tank. The waterline will run in DB Woods Rd right-of-way for the northern portion and around the north and western border of Wood Ranch for the southern portion. Purpose: The purpose of this project is to run a dedicated water line from Cedar Breaks EST to Pastor Pump Station, this dedicated 24-inch waterline will allow the Pastor Pump Station to fill without depleting the existing distribution system and effecting fire flow. This will also increase the capacity of the Pastor Pump Station to keep up with growth and demand in the Western District. Project Manager: Ken Taylor Engineer: CDM Smith Contractor: Prota Construction Phase Start Finish Status / Comments Preliminary Engineering July 2018 September 2018 Task Order approved by GUS Board 6/6/18 & City Council 6/26/18 Final Design October 2018 November 2018 Preliminary Survey work starting ROW / Easements July 2018 November 2018 Complete Bid / Award Bid # January 2019 February 2019 Approved by GUS Board & Council February 2019 Construction Early 2019 Crews have installed 2700 LF of 24” waterline along DB Woods road south of Cedar Breaks EST Post Construction Page 11 of 124 Project: County Road 255 Waterline Improvements Project# 2JE Update – May 2019 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. Project Manager: Ken Taylor Engineer: KPA Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering October 2015 March 2016 Recommended by GUS 10/09/15, approved by City Council 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 124 Project: EARZ Area 1 - 2018 Project# 3CQ Update – May 2019 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. Project Manager: Chris Logan Engineer: KPA Contractor: PM Construction 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 September 2018, reviewing 90% plans ROW / Easements N/A N/A N/A Bid / Award Bid # Bid opening Approved by City Council 12/11/18 Construction PM Construction to be on site 4/29/19 to start repairs Post Construction Page 13 of 124 Project: Lake WTP – Chemical Storage Improvements Project# 2CW Update – May 2019 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. Project Manager: Ken Taylor 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 Spring 2019. Construction Post Construction Page 14 of 124 Project: Lake Water Treatment Plant Raw Water Intake & Pump Station Maintenance Improvements Project# 2CU Update – May 2019 Project Description: This project involves - Design bidding and general services during construction for the maintenance improvements consist of replacing the intake gates and other general maintenance on the 40-year-old intake. The maintenance improvements also consist of replacing some discharge piping at the Raw Water Pump Station Purpose: The purpose of this project is the replacing the intake gates and other general maintenance on the 40-year-old intake. There will also be revisions to the discharge piping that will reduce the pump head loss at the existing pump Project Manager: Ken Taylor Engineer: CDM Contractor: Huffman Contractors Phase Start Finish Status / Comments Preliminary Engineering October 2017 November 2017 Approved by GUS Board 9/17 & City Council September 17 Final Design November 2017 February 2018 ROW / Easements Bid / Award Bid # April 2018 May 2018 Approved by City Council 5/22/18 Construction Fall 2018 Divers have installed all 9 slide gates & gate control stems/brackets. Pipe work to be installed during low water usage months in the Fall Post Construction Page 15 of 124 Project: San Gabriel Park Lift Station Improvements Project# 3CN Update – May 2019 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. Project Manager: Ken Taylor 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 90% Plans under review by Staff TCEQ variance under review ROW / Easements N/A N/A Bid / Award Bid # Tentatively Bids in early 2019 Reviewing 100% Plans & Specs prior to Bid Construction Post Construction Page 16 of 124 Project: Pastor Pump Station Project# 2BZ Update – May 2019 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. Project Manager: Ken Taylor Engineer: CDM Contractor: Archer Western 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 # GUS Board approved Contract with Archer Western 3/9/18 and Council approved 3/27/18 Construction April 2018 May 2019 Pump cans, valves & piping has been installed, slab on grade placed, pumps due on site mid to late May Post Construction Page 17 of 124 Project: Pecan Branch Wastewater Treatment Plant Expansion Project# 3CA Update – May 2019 Project Description: The project includes expanding the existing Pecan Branch WWTP from 1.5 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. Project Manager: Ken Taylor Engineer: CDM Smith Contractor: CSA Construction 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 Construction July 2017 August 2019 Lift Station & Headworks Shutdowns have been completed, Installing Bar Screen & Elevator, Final Clarifiers being filled for testing, equipment start up testing continues Post Construction Page 18 of 124 Project: Ronald Reagan Waterline Improvements Project# 2JM Update – May 2019 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 install 21,300 LF of 30” water main on the west side of Ronald Reagan from FM 2338 (Williams dr) to FM 3405 Project Manager: Ken Taylor Engineer: KPA Contractor: Royal Vista Phase Start Finish Status / Comments Preliminary Engineering October 2015 March 2016 KPA Task Order approved by GUS Board & City Council on 8/28/18 Final Design March 2016 February2018 80% Complete ROW / Easements October 2015 50% complete Bid / Award Bid # Approved by City Council 12/11/18 Construction January 2019 September 2019 95% of the 30” waterline has been installed along Ronald Reagan, line being filled & pressure tested in sections Post Construction Page 19 of 124 Project: San Gabriel Wastewater Treatment Plant – Belt Press Project# 3CP Update –May 2019 Project Description: This project involves - Design, bidding and general services during construction for a new sludge dewatering building and the installation of dewatering equipment, a polymer system and a conveyor for the San Gabriel Wastewater Treatment Plant (WWTP) Purpose: The purpose of this project is to replace the existing drying beds with a new sludge dewatering building and the installation of dewatering equipment, a polymer system and a conveyor to load a roll-off dumpster. Project Manager: Ken Taylor Engineer: CDM Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering April 2018 August 2018 Task Order approved by GUS Board 3/9/18 & by City Council 3/27/18 Final Design August 2018 December 2018 ROW / Easements N/A Bid / Award Bid # February 2019 March 2019 Tentatively out for Bid Spring 2019 Construction Post Construction Page 20 of 124 Project: Shell Road Waterline Improvements Project# 3CI Update – May 2019 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. Project Manager: Ken Taylor 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 21 of 124 Project: South Lake Water Treatment Plant Intake & Raw Waterline Project# 2BN Update – May 2019 Project Description: This project will consist of design/engineering for a 22 MGD raw water intake & pump station with future expansion to 44 MGD and 3,800 LF if raw water pipeline to carry water to the SLWTP. Purpose: The purpose of this project is to provide the supply & demand for future water needs for the City of Georgetown and Western District Project Manager: Ken Taylor Engineer: CDM Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering February 2019 August 2019 Task Order approval by GUS Board 1/11/19 & City Council 1/22/19 Final Design August 2019 April 2020 ROW / Easements Bid / Award Bid Summer 2020 Construction Fall 2020 Post Construction Page 22 of 124 Project: Sun City Elevated Water Storage Tank Project# 2CP Update – May 2019 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. Project Manager: Chris Pousson 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 April 2019 Paint crew scheduled to be completed the week of April 22nd. Civil sub onsite to complete tie-ins. SCADA/Electrical in place Page 23 of 124 and ready to be activated. Week of May 6th targeted to fill tank. Post Construction Page 24 of 124 Project: Water Tank Rehab - 2018 Project# 2CX Update – May 2019 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. Project Manager: Ken Taylor 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 early 2019 Construction Post Construction Page 25 of 124 Project: West University 2018 Waterline Improvements Project# 2JJ Update – May 2019 Project Description: This project will consist of approximately 1,220 LF of 12-inch water line and approximately 150 LF of 8-inch waterline. Purpose: The purpose of this project is to provide adequate flows & pressure to the University/IH 35 area Project Manager: Ken Taylor Engineer: CDM Contractor: Smith Contracting 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 October 2018 ROW / Easements June 2015 October 2017 Complete Bid / Award Bid Approved by City Council 12/11/18, PreConstruction Meeting scheduled for 1/11/19 with NTP to be issued shortly after Construction January 2019 August 2019 East bore under HEB driveway near completion then move to west driveway bore, 75% of the 12” waterline has been installed Post Construction Page 26 of 124 City of Georgetown, Texas Utility System Advisory Board May 10, 2019 S UB J E C T: R eview and possible action to approve the minutes from the regular G US Board meeting held on April 12, 2019. - S heila K. Mitc hell, G US Board Liaison IT E M S UMMARY: Board to review, revis e and/or approve the minutes from the regular G US Board meeting held on April 12, 2019. F IN AN C IAL IMPAC T: N/A S UB MIT T E D B Y: S heila K. Mitchell/G US Board Liaison AT TAC H ME N T S: Description Type GUS Apr 12 2019 DRAFT Minutes Backup Material Page 27 of 124 Minutes of the Meeting of the Georgetown Utility Systems Advisory Board and the Governing Body of the City of Georgetown, Texas April 12, 2019 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 808 Martin Luther King, Jr. Street, Georgetown, TX 78626 for additional information: TTY users route through Relay Texas at 711. Board Members Present: Ed Pastor – Chair, John Copelan – Vice Chair, Steve Fought, David Maserang, Arthur Yaeger Board Members Absent: Edward Wiley – Secretary, Mike Cunningham, Staff Members Present: Mike Babin, Glenn Dishong, Wesley Wright, Mike Westbrook, David Thomison, Chris Foster, Cheryl Wright, Paul Diaz, Bill Cardwell, Scotty Hulin, Marcus Miller, Casey Lane, Chelsea Solomon, John Dillard, Chris Waggoner, Allen Gick, Steve Sutton, Anthony Williams, Danny Potter, Jarrod Vail, Richard Pajestka, Jason Casey, Sheila Mitchell, David Morgan (joined at 2:04pm), Paul Diaz (joined at 2:13pm) Others Present: Kole Kimberlin, student from Southwestern University; 3 other students joined later 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 Session that follows. B. Introduction of Visitors – Kole Kimberlin, Southwestern University student attending for American Politics class assignment. Additional students joined during meeting and board recognized their attendance. They encouraged the students to spend time afterwards and ask questions and gather information from board and staff. Employee Recognition -- Bill Cardwell, supervisor – introduced Scotty Hulin and Marcus Miller. Recognized them for their customer assistance. A citizen was choking while driving his vehicle in the downtown Georgetown area. He exited his vehicle, which was still in motion. They were able to stop the vehicle and assist the customer with the Heimlich maneuver. He didn’t wish to call 911. Hulin drove the man’s vehicle to the Emergency Room and Miller followed to ensure he received medical attention and had his vehicle when released. Board thanked them for their attention to the customer and assisting to his needs. -- Lineman’s Appreciation Day (4/18/19) – Mike Westbrook, Electric Operations Manager Westbrook spoke on Lineman’s Appreciation day, officially April 18th each year. He noted our lineman are the first responders on scene when customers need electric assistance during outages and storms. They provide 24/7 service to our customers. A few of the city’s lineman and Electric staff were present for recognition which represent an even larger group: John Dillard, Chris Waggoner, Allen Gick, Steve Sutton, Anthony Williams, Danny Potter, Jarrod Vail, Richard Pajestka, Jason Casey . Board thanked them for their hard work providing service to our citizens. -- RP3 Award recognition – Jim Briggs, General Manager Utilities/Glenn Dishong, Utility Director Page 28 of 124 Dishong spoke on the American Public Power RP3 program and gave overview of categories and number of utilities involved in the program. There are three levels of recognition. Georgetown has been Platinum since 2016 and has recently been awarded as a Diamond designee, which is the highest level of achievement (amongst 5 other in state of Texas). Board expressed their appreciation for all of the hard work the employees provide in services to the citizens of the city and congratulated them on their recognition. Fought and Dishong noted the other five are very large utility’s in the state. Maserang asked and Dishong explained the process to apply, which occurs every three years. Noting Georgetown scored 100 out of 100 and submitted the application in -house; no external consultants were utilized for submittal. Once again the board congratulated staff on this achievement. C. April 2019 GUS CIP Project Updates and March Council Actions – Wesley Wright, P.E., Systems Engineering Director/Michael Hallmark, CIP Manager Wright noted reports in packets and gave brief updates on each. He responded to a few questions on projects from board members. D. Industry Updates Babin spoke on a possible legislative bill regarding lead pipes; more focus now on customer side of meter; most likely won’t be associated with the utility industry. Otherwise it’s been quiet on the legislative front. Copelan asked about HB2 and Fought responded it could affect the city. No other updates or discussion. Legislative Regular Agenda. The Board will individually consider and possibly take action on any or all of the following items: E. Public Wishing to Address the Board On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Board Meeting. Clearly print your name and the letter of the item on which you wish to speak and present it to the Staff Liaison, prior to the start of the meeting. You will be called forward to speak when the Board considers that item. Only persons who have delivered the speaker form prior to the meeting being called to order may speak. On a subject not posted on the agenda: Persons may add an item to a future Regular scheduled Board agenda by filing a written request with the Staff Liaison no later than one week prior to the Board meeting. The request must include the speaker’s name and the specific topic to be addressed with sufficient informa tion to inform the board and the public. Only those persons who have submitted a timely request will be allowed to speak. For Board Liaison contact information, please logon to https://government.georgetown.org/georgetown- utility-system-advisory-board-gus/. - No persons signed up to address the board. F. Review and possible action to approve the minutes from the Regular GUS Board meeting held on March 8, 2019. – Sheila K. Mitchell, GUS Board Liaison Minutes were considered for approval. No questions or revisions. Motion by Maserang, seconded by Copelan to approve the minutes from the Regular GUS Board meeting held on March 8, 2019. Approved 5-0-2 G. Discussion on the proposed Y20 Utility Capital Improvement Plan. – Wesley Wright, P.E., Systems Engineering Director Wright distributed Draft CIP for board review. The Board will review final list and make recommendation in May. Wright discussed some of the major projects included in the CIP for water and wastewater, noting all projects will be reviewed when final report comes to board in May. Electric projects will be reviewed next month, in Executive Session due to competitive nature. Fought noted most of the projects have been previously discussed; not a lot of new projects the board is not already familiar with. No further discussion. No action required. Wright departed meeting at 2:40pm. Fought updated students on task of board and make up of citizens, staff, etc. Board and staff introduced themselves and gave their backgrounds and/or duties and time with the City. Page 29 of 124 Adjournment Motion by Copelan, seconded by Maserang to adjourn. Meeting adjourned at 2:50PM __________________________ _____________________________ Ed Pastor – Chair Ed Wiley – Secretary _________________________________ Sheila K. Mitchell, GUS Board Liaison Page 30 of 124 City of Georgetown, Texas Utility System Advisory Board May 10, 2019 S UB J E C T: C onsideration and pos s ible rec ommendation to approve renewal #1 to the contrac t agreement #18-0039- G C with Brenntag S outhwes t, Inc ., for Water and Was tewater Treatment P lant c hemic al (S odium Hypoc hlorite) in the es timated amount of $309,931.50. -- David T homis on, Water S ervic es Manager IT E M S UMMARY: T he purpos e of this renewal is to provide water and wastewater treatment chemicals as part of the plant operations treatment requirements. T he term of c ontract: F or one (1) year and may be renewed for four (4) one-year periods upon review and approval by the C ity. T he agreement began January 2018 and will expire January 2020. S TAF F R E C O MME N D AT IO N S: S taff recommends the approval of the annual contrac t agreement #18-0039-G C renewal #1 in the es timated amount of $309,931.50 to Brenntag S outhwest Inc . for water and wastewater treatment plant c hemic als . F IN AN C IAL IMPAC T: T he total annual cost is the projec ted cost of chemicals upon his toric al treatment process volume. F unds for this additional expenditure are available in the water was tewater treatment budget. F und Annual Budget 660-5-0529-51-149 C hemic als $560,000.00 660-5-0531-51-149 C hemic als $130,000.00 Total C ombined $690,000.00 S UB MIT T E D B Y: David T homis on, Water S ervic es Manager AT TAC H ME N T S: Description Type Renewal No 1 Backup Material Exhibit A Backup Material Page 31 of 124 1 Renewal No. 1 to the Agreement between Brenntag Southwest, Inc. and the City of Georgetown, Texas This is the First Renewal (“First Renewal”) of the Agreement between Brenntag Southwest, Inc. and the City of Georgetown, Texas entered into on January 23, 2018, for Provision and Delivery of Sodium Hypochlorite 12.5% to five (5) Water and Wastewater Treatment Plants (“Agreement”). WHEREAS, on January 23, 2018, the City and Brenntag Southwest, Inc. entered into the Agreement; WHEREAS, the Agreement, upon completion of the original agreement and upon mutual agreement of both parties, included four (4) additional one (1) year renewal periods; WHEREAS, the Parties desire to renew the Agreement for the first renewal price and establish the prices for provision and delivery of sodium hypochlorite 12.5% to five (5) water and wastewater treatment plants during the first renewal period; NOW THEREFORE, in consideration for the mutual benefits to be derived by the parties from this Amendment and other good and valuable consideration, the City and Brenntag Southwest, Inc. agree as follows: 1. The Parties agree to renew the Agreement for a First Renewal term which will begin immediately upon the expiration of the current term and will end on January 23, 2020. 2. During the First Renewal term, the prices shown in Exhibit A, attached hereto, shall apply to the provision and delivery of sodium hypochlorite 12.5% to five (5) water and wastewater treatment plants. 3. During the First Renewal term, the not to exeed amount shall be $309,931.50. 4. All other terms of the Agreement not inconsistent with this Amendment shall apply. Except as expressly modified by this Amendment, the Agreement remains unchanged and in full force and effect, subject to its terms. 5. This Amendment is effective on the date executed by the City. BY THE SIGNATURES affixed below, this Amendment is hereby incorporated into and made a part of the above-referenced contract. [Signature page to follow] Page 32 of 124 2 Brenntag Southwest, Inc. CITY OF GEORGETOWN By: By: Printed Name:__________________________________ Authorized Representative Title:____________________________________ Date:____________________________________ Dale Ross, Mayor Date:__________________________________ Approved as to Form: ______________________________________ Charlie McNabb, City Attorney Attest: ______________________________________ Robyn Densmore, City Secretary. Page 33 of 124 Page 34 of 124 City of Georgetown, Texas Utility System Advisory Board May 10, 2019 S UB J E C T: C onsideration and pos s ible rec ommendation to exerc is e an option to renew an Agreement with Hydro P ro S olutions LLC for providing Master Meter water meters and regis ters for the Advanc ed Metering Infras tructure s ystem with a not to exceed amount of $1,000,000. -- Mike S tas ny, Techinic al S ervices Manager/R os emary Ledes ma, P urc hasing Manager IT E M S UMMARY: T his item is to request approval of renewal of the sole s ourc e annual purchas e agreement to Hydro P ro S olutions LLC with an increase of the not not-to-exc eed amount to $1,000,000 for c ontinuous s upply of water meters and regis ters on an as needed basis. T his is a five year Agreement, exerc is ing the s econd annual extension option, with two annual extension options remaining under the contrac t. C OMME N T S : T he Loc al G overnment C ode, S ec tion 252.022, (7) (A) approves exemption from competitive bidding laws for proc urement of items available from only one source becaus e of patents, c opyrights , s ecret processes, or natural monopolies. S TAF F R E C O MME N D AT IO N: S taff recommends approval of this renewal. F IN AN C IAL IMPAC T: Total annual c os t is not to exc eed $1,000,000 for these parts. S UB MIT T E D B Y: R os emary Ledes ma, P urc hasing Manager (s km) AT TAC H ME N T S: Description Type Renewal Agreement No 2 Backup Material 17-0073-GC - Hydro Pro Solutions Backup Material Page 35 of 124 {00010499 / v / RSAUCIER / PURCHASING / COMMODITY / 04/04/2019} RENEWAL AGREEMENT This Renewal Agreement is entered into by and between CITY OF GEORGETOWN, a Texas Home-Rule Municipal Corporation (the “City”), and HYDROPRO SOLUTIONS LLC. (the “Contractor”), collectively, the PARTIES follows: WHEREAS, the Parties entered into an Agreement on June 13, 2017 for the purchase of Master Meter Water Meters, Registers, and related items for the City’s Advanced Metering Infrastructure, Contract No. 17-0073-GC (the “Original Agreement”), WHEREAS, the Parties hereby agree to renew the Original Agreement in accordance with the terms of the Original Agreement as well as any terms provided herein, NOW THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: 1. The initial term of the Original Agreement ended on June 12, 2018. 2. The Original Agreement provided for (4) four additional one (1) year renewal terms. 3. The Parties agreed to renew the Original Agreement for a first renewal term that ends on June 12, 2019. 4. The Parties agree to renew the Original Agreement for a second renewal term which will begin immediately upon the expiration of the first renewal term and will end on June 12, 2020, this being the second renewal term. 5. This renewal binds and benefits the Parties and their successors or assigns. This document, including the Original Agreement, is the entire agreement between the Parties. 6. During this renewal term, the City will pay the Contractor an amount not to exceed one million dollars ($1,000,000). 7. All other terms and conditions of the Original Agreement remain in full force and effect. HYDROPRO SOLUTIONS, LLC. CITY OF GEORGETOWN By: By: Mayor, Dale Ross Printed Name: Date: __________________ Title: Date: ATTEST: ________________________________ Robyn Densmore, City Secretary APPROVED AS TO FORM: ____________________________________ Charlie McNabb, City Attorney Page 36 of 124 T Contract No -_ 1 7 -0073 -GC Project No. Bid No. RFP No. 19 New Contract []Renewal Change Order Amendment Assignment Other NAME OF CONTRACTOR: Hydro Pro Solutions, LLC CONTRACT DESCRIPTION: Master Meter water meters for COG's AMR/AMI system. CONTRACT VALUE GL ACCOUNT NO: 325,000 Annually 660-00527-52-147 GRANT FUNDED: 8NO YES If YES, Grant No. 51G ATURES RECOMMENDING APPROVAL 0 ZA"O(n 4 /57/ L7-- PURCHASING/C NTRACT COORDINATOR DATE Nle LEG7L DEPARTMENT DIRECTOR ADMINISTERING CONTRACT greater than $10,000) APPROVED and EXECUTED N/,r4 DIRECTOR ADMINISTERING CONTRACT 10,000 or less) Al /A CITY NfANAGER/ASST CITY MANAGER 50 f or lx - L s) C?0-1v) MAYOR/CITY SECRETARY ATTESTS (if applicable) DATE n DAT DATE DATE l DATE FINAL PR CESSING 2/a 117 PURC DATE for Purchasing Use Only Insurance Certificates: Performance Bond: Payment Bond: Form 1295: For City Secretary Use Only Originals sent to CSO: Scanned into Laserfiche/Global: Council Date: Item No.: Page 37 of 124 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos. l - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 it there are no interested parties: CERTIFICATION OF FILING Certificate Number: 2017-227635 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. HydroPro Solutions, LLC Georgetown, TX United States Date Filed: 06/22/2017NameofgovetnmentalentryorstateagencythatIsapartytotthecontractforwhicSteforms being filed. City of Georgetown, TX Date Acknowledged: 7- 1()- 1,2 3 Provide the Identification number used by the governmental entity or state agency to track or Identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. IOGEOR2017 Water metering equipment/devices 4 Name of Interested Party City, State, Country (place of business) Nature of interest check applicable) Controlling I Intermediary Phillips, Chris Georgetown, TX United States X 5 Check only If there Is NO Interested Party. 6 I swear, or affirm, under penalty of rjury. that the above disclosure is true and correct. DYNELLYA ANTMEITE WXOYtibCreitionEttplrestA10WL(5 f, 2018 Signature of authorized agent 41contracting business entity AFFIX NOTARY STAMP/ SEAL ABOVE Sworn to and subscribed before me, by the said . itis the day of 20__L' L, to certify which, witness my hand ands al of otrice. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provioea by i exas i=mics Commission www.ethics.state.tx.u5 Version V1.0.883 Page 38 of 124 CONTRACT BETWEEN THE CITY OF GEORGETOWN ("City") AND HYDROPRO SOLUTIONS, LLC. ("Contractor") for Supply of Master Meter Water Meters, Registers and Related Items for City's Advanced Metering Infrastructure (AMI) System Contract No. 17 -0073 -GC This General Supply Contract is by and between HYDROPRO SOLUTIONS, LLC. ("HYDROPRO"), having offices at 100 East Whitestone Blvd„ Suite 148, Cedar Park, TX 78613 and the City of Georgetown ("City,"), a Texas Home - Rule Municipal Corporation, and is effective as of the date executed by the City ("Effective Date"). 1 1 IZ AIRM a I , fiT1119 s C• 11 s r ! - J f - 1 1 i R 1 a 1 • li IF: 1 : 1: 1 w1laq-1@111MI 10 911 Me Lvj I PAWIF I I V MIJ Fl. a 11 Wt'iWo /1 1.1.1 This Contract Summary Page; 1.1.2 Exhibit 1, City of Georgetown Standard Terms and Conditions; and 1.1.3 Exhibit 2, City of Georgetown Supplemental Terms and Conditions. 1.2 Qonsideration, In consideration for the goods and/or services provided under the contract, the Contractor shall be paid a total not to exceed amount of $325,000.00 annually in accordance with this Contract. Payment for goods provided shall be made, in accordance with the Price List inserted below, following Acceptance (or Final Acceptance) of the Goods and/or Services by the City. Price List Part# Description Each 345410 Water Meter 140.00 345411 1" Water Meter 185.00 345415 518" Water Meter 140.00 345416 1-1/2" Water Meter 420.00 345412 2" Water Meter 555.00 345431 1" Water Meter Western District 303.11 345430 Water Meter Westem District 253.00 345418 Register 96.00 345419 1" R2gister 96.00 345420 1-1/2" Register MJ 105.00 345422 1-1/2"R ister MS 105.00 345421 2" Reqister MJ 105.00 345423 2" Register MS 105,00 345499 Register Western District 162.67 345409 1" Direct Read Water Meter 144.17 345405 Water Meter Less Register 54.99 This Contract (including any Exhibits) constitutes the entire and integrated agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may be Contract No. 17 -0073 -GC for Master Meter water Page 1 of 9 meters, registers and related items Page 39 of 124 This Contract (including any Exhibits) constitutes the entire and integrated agreement between the City and Contractor and supersedes all prior negotiations, representations,or agreements, either written or oral. This Contract may be altered, amended, or modified only by a written instrument signed by the duly authorized representatives of both parties In witness whereof, the parties have caused a duly authorized representative to execute this Contract on the date set forth below. HYDROPRO SOLUTIONS, LLC CITY OF GEORGiETOWN hV/ Signat4a Dale Ross, Mayor Printed me Title vlSe , Zu IZ Date - T Contract No. 17 -0073 -GC for Master Meter water meters, registers and related items LA CA. C1 Date Approved as to City Attorney Date Page 2 of 4 Page 40 of 124 Exhibit 1 CITY OF GEORGETOWN STANDARD TERMS AND CONDITIONS A. ADVERTISING and PUBLICITY Vendor shall not advertise r otherwise publicize, without the City's priorwritten consent, the fact that the City has entered into the Agreement, except to the extent required by applicable law. B. 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. C. 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 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 terra 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. D. CLAIM 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 Attomey at PO Box 409, Georgetown, TX 78627, E. 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. Contract No, 17 -0073 -GC for Master Meter water Page 3 of 9 meters, registers and related items Page 41 of 124 F. 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 awed 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 quote, or in any report or deliverable required to be submitted by Vendor to the City. 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. G. 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. H, FORCE MAJFURE 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 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. I. INDEPENDENT CONTRACTOR Nothing in this Agreement is Intended to be construed as creating an employerlemployee 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. J. 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, K. 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 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 Contract No. 17 -0073 -GC for Master Meter water Page 4 of 9 meters, registers and related items Page 42 of 124 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. L. INSURANCE REQUIREMENTS Upon request, Vendor shall provide a copy of its insurance policies to the City. M. 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. N. 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. O. LIABILITY 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. P. WENS 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. Q. 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. R. 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 quote 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 Purchasing Contract No. 17-0073•GC for Master Meter water Page 5 of 9 meters, registers and related items Page 43 of 124 Manager. S. 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, at seq. T. 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 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 the each invoice. A copy of the bill of lading and the freight waybill must be submitted with the invoice if applicable. 3. Payment Terms: All payments will be processed in accordance with Texas Prompt Payment Act, Texas Govemment 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 4. 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, 5. Firm Pricing: The price shall remain firm for the duration of the Agreement and resulting Purchase Order, or any extension periods. No separate line item charges shall be permitted for invoice purposes, which shall include equipment rental, demurrage, fuel surcharges, delivery charges, and costs associated with obtaining permits or any other extraneous charges 6. 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. U. 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, V. SEVERABILITY The invalidity or unenforceability of any provision herein shall not affect the validity or enforceability of any other Contract No. 17 -0073 -GC for Master Meter water Page 6 of 9 meters, registers and related items Page 44 of 124 provision. W. SURVIVABILITY O Q6tIGATION5 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. X. VENDOR'S OBLIGATION: Vendor shall fully and timely provide all deliverables described in this Agreement in strict accordance with the terms, covenants and conditions of the Agreement and all applicable federal, state and local laws, rules and regulations. Y. 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. Z. 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 constfued 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. Contract No. 17 -0073 -GC for Master Meter water Page 7 of 9 meters, registers and related items Page 45 of 124 Exhibit 2 City of Georgetown Supplemental Purchase 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. It shall remain in full force and effect with firm fixed prices for twelve (12) months. 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) years (five (5) years total]. The renewal will be under the same terms and conditions as the original agreement; provided, however, that the unit prices under the original agreement may, by mutual consent, be increased pursuant to the escalationide-escalation provisions provided herein. In the event a new agreement cannot be executed at the anniversary date of the original term or any renewal tern, the agreement may be renewed month-to-month until a new agreement is executed. B. ESCA ATIONIDE-ESCALATION The unit prices of all items purchased under an estimated annual requirements contract is firm for the first annual period of the contract. 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 Contractor may request unit price adjustments when correlated with the Consumer 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 bids 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 oplion 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. The Contractor may offer price decreases in excess of the allowable percent change. Supplier(s) are required to give a sixty (60) day written notice requesting the increase. Increases will be effective on the start date of the renewal term. C. COMMODITIESIEQUIPMENT 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. 3. Goods: Goods furnished shall be the latest improved model in currant 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 wilh 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) rnonlhs, then the manufacturers warranly shall be in effect. Vendor shall furnish a copy of the manufacturer's Contract No, 17 -0073 -GC for Master Meter water Page 8 of 9 meters, registers and related items Page 46 of 124 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. D. 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 Vendors 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. 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 to City of Georgetown, Central Receiving, 300-1 Industrial Avenue, Georgetown, TX, between the hours of 8AM and 4PM (CST), Monday through Friday except regularly observed state and federal holidays (see http 11q.2 reelorcwn.arqontact-uslholiday-sehedul l 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 lender 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 sights under law, including but not limited to, the Uniform Commercial Code, to inspect the deliverables at delivery ar 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-comptlant, 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 Vendors or the Vendors 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. E. REGULATIONS and STANDARDS 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. Contract No. 17 -0073 -GC for Master Meter water Page 9 of 9 meters, registers and related items Page 47 of 124 Council Meeting Date: June 13, 2017 or Council Workshop Date: Regular Agenda Consent 0 Executive Session Attachments Ordinance Publication Date: Draft Ordinance to City Secretary: Must be published 72 hours before meeting; deadline to WC Draft ordinance must be given to City Secretary one week before Sun is 11:00 Monday Council meeting AGENDA ITEM COVER SHEET SURJECT- Consideration and possible action to approve a contract with Hydro Pro Solutions, LLC to provide Master Meter water meters, registers and related items for the Advanced Metering Infrastructure system in an amount not to exceed $325,000. --Rosemary Ledesma, Purchasing Manager. ITEM SUMMARY/SPECIAL CONSIDERATIONS: This item is to request approval of a sole source purchase to Hydro Pro Solutions, LLC for a one (1) year initial term and four (4) annual extension options for providing Master Meter water meters, registers and related items on an as needed basis. GUS initially purchased the Advanced Metering Infrastructure (AMI) system in 2010 from Elster Solutions, Inc. The purchase was for the acquisition and deployment of an AMI system for an amount not to exceed $8,600,000. The AMI project required Elster Solutions to provide various AMI compatible electric and water hardware items including meters, gatekeepers and endpoint units. Elster Solutions installed AMI compatible water meters and registers manufactured by Master Meter for the City's AMI system. The water products manufactured by Master Meter are proprietary parts to the AMI system. Hydro Pro Solutions, LLC. of Cedar Park, Texas is the sole authorized AMR/AMI meter systems provider of Master Meter products in the Austin metropolitan area. This distributor will be responsible for supplying and providing warranty support in repair or replacement of Master Meter water products as required by the City. Master Meter, Inc. has confirmed confidence that Hydro Pro Solutions can meet future supply needs required by the City. FINANCIAL IMPACT: Total annual cost is not to exceed $325,000. Funding for the extension options is contingent upon available funding in future budgets. COMMENTS: The Local Government Code, Section 252.022, (7) (A) approves exemption from competitive bidding laws for procurement of items available from only one source because of patents, copyrights, secret processes, or natural monopolies. ATTACHMENTS: Sole Source Letter from Master Meter, Inc. AMI Contract Summary & Signatures Page 48 of 124 101 REGENCY PARKWAY MANSFIELD, TX 76063 ail -842-8000 r~' FAX 817-842-8100 Mr. Mr. Paul Conomos Warehouse Supervisor City of Georgetown 3003 Industrial Ave. .9` 1 Georgetown TX 78626 Dear Mr. C.onoIrios, May 1, 2017 Hydro Pro Solutions of Cedar Park Texas is the sole authorized AMR/AM] Meter Systems Provider of Master Meter products in the Austin metropolitan area. Additionally, Hydro Pro Solutions will work in conjunction with the City of Georgetown to inail:tain an inventory of Master Meter water meters equipped with Accu.0 lrix"m encoder registers and accessories to serve the. specific .needs of the. City of Georgetown and its contractors. 'I3 pis instares access to our products and could possibly eliminate potential delays in deliver}-, Master Meter is ver}; confident that HPS will provide duality sales and service to the City of Georgetown resulting in a successful project and long term l"usin-ess relationship. Please coo not hesitate to contact me if you have any questions, regarding this letter. 'thank you for your consideration of blaster Meter brand products. Hest regards, L' & Ric O'Connor Regional Sales Manager Master meterInc, 8'17-313--9835 cnnnorrir'n gernieter.coni weIr--ri'I Page 49 of 124 City of Georgetown, Texas Utility System Advisory Board May 10, 2019 S UB J E C T: C onsideration and pos s ible rec ommendation to renew an Agreement with Wesc o Distribution, Inc . to provide Honeywell electric meters and related items for the Advanc ed Metering Infras tructure s ystem in an amount not to exceed $420,000. -- Mike S tasny, Tec hnical S ervic es Manager/R osemary Ledesma, P urc hasing Manager IT E M S UMMARY: T his item is to req uest ap p ro val o f renewal of the sole s o urc e annual purchas e agreement to Wes co Dis tribution, Inc . in an amount not-to-exceed $420,000 for c o ntinuo us sup p ly of elec tric meters on an as needed bas is . T his is a five year Agreement, exercising the sec ond annual extension option, with two annual extension options remaining under the contrac t. T he elec tric products manufac tured by Honeywell are proprietary parts to the AMI s ystem. Wesc o Dis tribution, Inc. is the sole authorized dis tributor of Honeywell Energy Axis AMI electric meters in the S tate of Texas . C OMME N T S : T he Loc al G overnment C ode, S ec tion 252.022, (7) (A) approves exemption from competitive bidding laws for proc urement of items available from only one source becaus e of patents, c opyrights , s ecret processes, or natural monopolies. S TAF F R E C O MME N D AT IO N: S taff recommends approval of this renewal. F IN AN C IAL IMPAC T: Total annual c os t is not to exc eed $420,000 for these parts. S UB MIT T E D B Y: R os emary Ledes ma, P urc hasing Manager (s km) AT TAC H ME N T S: Description Type Wesco Renewal Agreement No 2 Backup Material 17-0074-GC - WESCO - Meters contract Backup Material Page 50 of 124 {00010494 / v / RSAUCIER / PURCHASING / COMMODITY / 04/04/2019} RENEWAL AGREEMENT This Renewal Agreement is entered into by and between CITY OF GEORGETOWN, a Texas Home-Rule Municipal Corporation (the “City”), and WESCO DISTRIBUTION, INC. (the “Contractor”), collectively, the PARTIES follows: WHEREAS, the Parties entered into an Agreement on June 13, 2017 for the purchase of Honeywell Electric Meters and for Water Modules related to the City’s Advanced Metering Infrastructure, Contract No. 17-0074-GC (the “Original Agreement”), WHEREAS, the Parties hereby agree to renew the Original Agreement in accordance with the terms of the Original Agreement as well as any terms provided herein, NOW THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: 1. The initial term of the Original Agreement ended on June 12, 2018. 2. The Original Agreement provided for (4) four additional one (1) year renewal terms. 3. The Parties agreed to renew the Original Agreement for a first renewal term that ends on June 12, 2019. 4. The Parties agree to renew the Original Agreement for a second additional term which will begin immediately upon the expiration of the first renewal term and will end on June 12, 2020, this being the second renewal term. 5. This renewal binds and benefits the Parties and their successors or assigns. This document, including the Original Agreement, is the entire agreement between the Parties. 6. During this renewal term, the City will pay the Contractor an amount not to exceed four hundred twenty thousand dollars ($420,000.00). 7. All other terms and conditions of the Original Agreement remain in full force and effect. WESCO DISTRIBUTION, INC. CITY OF GEORGETOWN By: By: _____ Mayor, Dale Ross Printed Name: Date: _______________________________ Title: Date: ATTEST: ________________________________ Robyn Densmore, City Secretary APPROVED AS TO FORM: ____________________________________ Charlie McNabb, City Attorney Page 51 of 124 r") O z D n T 0 Contract No. 17 -0074 -GC Project No. Bid No. RFP No. New Contract Renewal Change Order Amendment Assignment Other NAME OF CONTRACTOR: Wesco Distributing, Inc. Honeywell electric meters for the Energy Axis AMI CONTRACT DESCRIPTION: electric system. CONTRACT VALUE: $420,000 Annually GL ACCOUNT No: 610-5-0525-52-147 ($120K) 660-5-0528-52-147 ($300K) GRANT FUNDED: @N0 DYES If YES, Grant No. SIGNATURES RECOMMENDING APPROVAL 6QAde. LAZkCA.-r- 616-11 PURCHASING/C NTRACT COORDINATOR DATE WE LEGAL DEPARTMENT AJ 41 DIRECTOW ADMINISTERING CONTRACT greater than $10,000) APPROVED and EXECUTED i4 DIRE OR ADMINISTERING CONTRACT 10,000 or less) CITY ANAGER/ASST CITY MANAGER s5o a o e5s) MAYOR/CITY SECRETARY ATTESTS (if applicable) FINAL PROCESSING PURCHASING for Purchasing Use Only Insurance Certificates: jai /Ad Performance Bond: /1i.A Payment Bond: 41 jA Form 1295: DATE 7 DAT DATE DATE DATE I U 1 DATE For City Secretary Use Only Originals sent to CSO: Scanned into Laserfiche/Global: Council Date: Item No,: Page 52 of 124 CONTRACT BETWEEN THE CITY OF GEORGETOWN ("City") AND WESCO DISTRIBUTION, Inc. ("Contractor") for Supply of Honeywell Electric Meters and for Water Modules and Related Items for City's Advanced Metering Infrastructure (AMI) System Contract No. 170074 -GC This General Supply Contract is by and between WESCO DISTRIBUTION, Inc, ('WESCO"), having offices at 4410 Dividend, San Antonio, TX 78219 and the City of Georgetown ("City,"). a Texas Home -Rule Municipal Corporation and is effective as of the date executed by the City ("Effective Date"). I •11• :• neiPiMrloll a. 11 1 .1 i i •, 1 1 1- 1 is 1 a !i f f a s 1 • a 1 1 a i 1 1' 1- • t i l A• 11 1 1. 1 1 1.1.1 This Contract Summary Page; 1.1.2 Exhibit 1, City of Georgetown Standard Terms and Conditions; and 1.1.3 Exhibit 2, City of Georgetown Supplemental Terms and Conditions. 1.2 ,Qonsideration. In consideration for the goods and/or services provided under the contract, the Contractor shall be paid a total not to exceed amount of 5420,000.00 annually in accordance with this Contract. Payment for goods provided shall be made, in accordance with the Price List inserted below, following Acceptance (or Final Acceptance) of the Goods and/or Services by the City. 13 r P1 ICC L1St Ity PaH Description Each 1366900 Meter, Form IS , Type R2S, REX2 w/o. Disconnect 97.64 1 366901 Meter, Form 2S, Type R2S, NET 200 am 95.29 366902 Meter, Form 2S, Type R2S, NET 320 anti 101.17 366910 Meter, Form 4S, Type A3TL, Class 20 407.00 366911 Meter, Form 9S, Type A3TL, Class 20 407.00 366912 Meter, Form 16S, Type A3TL, Class 200 Am 407.00 366913 Meter, Form 16S, Type A3TL. Class 320 Amp 418.82 366914 Meter, Form 35S; Type A3TL, Class 20 Am 407.00 366915 Meter, Form 3S, Type A3TL, Class 20 instrument 407.00 366917 Meter, orm 36S, Typo A3TL, Class 20 Am 407.00 36 6918 F ' Meter, 2S, Type R2SD;with DisconnectForm 134.00 366919 366920 Meter, Form 2S, Type A3TL, 480 Volt, 200 amp Meter, Electric, Forum 2S, Type R2S, House 200 amp 407.00 95.79 366922 Meter, Form 12S, Type R2SD,Networkwith Disconnect I 151.76 366923 Meter, Form 2S, Type R2S, 320 amp 101.17 366924 Meter, Form 16S, Typ.e A3RL, Class 200 Am 487.00 366925 Meter, Form 16S, Type A3RL, Class 320 Am 498.82 366927 Meter, Form 12S, T e R2S, Class 200 w/o Disconnect 112.94 366928 Meter, Form 12S, Type A3TL, Class 200 Am 407.00 I 366937 i Meter. Electric, 16S Cl 200, ZD3310P801-4, Bi -Directional for Solar Meter, Electric, 16S, CI -320. ZD3410P801-4, Bi -Directional for Solar 498.82366938 Contract No- 1 1 -0074 -GC for Honeywell electric meters. Page 1 of 9 water modules and related items Page 53 of 124 366940 Meter, 165, Cf 200, 120-480V, Remote DS, ZD3310P$OL4 487.00 366941 Meter, CL 320 120-480 RD ZD341 OP801-4 498.82 345400 Meter water module the'/." water meters Honeywell Water module mounting kit Honeywell 34.5413 3" Water Meter Honeywell 345414 4" Water Meter _ ^ - — Honeywell This Contract (including any Exhibits) constitutes the entire and integrated agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may be altered, amended, or modified only by a written instrument signed by the duly authorized representatives of both parties. In witness whereof, the parties have caused a duly authorized representative to execute this Contract on the date set. forth below. y,f5e-v 7vz;T916t4T'1oN I — lAe-. EY RE) S(9l 1_L'YIALIL' Si atu Printed Ame t R Contract No. 17 -0074 -GC for Honeywell electric meters, water modules and related items CITY OF EORGETO ly, Dale Ross, Mavor City Attorney Z—Z'— / e7 Dato- Page 2 of 9 Page 54 of 124 Exhibit 1 CITY OF GEORGETOWN STANDARD TERMS AND CONDITIONS A. ADVERTISING and PUBLICITY Vendor shall not advertise or othenvise pUblicize, without the City's pdorwriften consent, the fact that the City has entered into the Agreement. except to the extent required by applicable law. B. 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 C. CANCELLATION _ELLATION 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 othenvise 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 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 postjudgment 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. D. CL IMS 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 E. 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 rales, regulations or requirements of these authorities. Vendor shalt be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations to the City. Contract No. 17 -0074 -GC for Honeywell electric meters, Page 3 of 9 water modules and related items Page 55 of 124 F. 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 quote, or in any report or deliverable required to be submitted by Vendor to the City. 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, G. DISPUTE RESOLUTION If either the Vendor or the City has a claim, dispute or other matter in question for breach of duly, 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. H. 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 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 _ I. INDEPENDENT CONTRACTOR Nothing in this Agreement is intended to be construed as creating an employer/employee relationship, a partnership or joint venture, The Vendor's services shall be those of on 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, J. 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. K. INFRINGEME T 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 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 Contract No, 17 -0074 -GC for Honeywell electric meters. Page A of 9 water modules and related items Page 56 of 124 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 L_ INSURANCE REQUIREMENTS Upon request, Vendor shall provide a copy of its insurance policies to the City M. INTERPRETATION The Agreement is intended by both parties as the final, complete and exclusive statement of the terrns 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. N. 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, O. LIABILITY 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 Agreemenk 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 W required for, but not limited to, Commercial General Liability, Business Auto Liability, Workers Compensation and Professional Liability Insurance. P. 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 Q. 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. R. 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 quote or at such other address as a party may notify the other in writing. Notices to the City shall be addressed toy City of Georgetown, Purchasing Office, PO Box 409, Georgetown: TX 78627 and marked to the attention of the Purchasing Contract No. 1 7 -0074 -GC for Honeywell electric meters. Page 5 of 9 water modules and related items Page 57 of 124 Manager S. 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. 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 Tar, Exemption Certificates are furnished upon 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 the each invoice. A copy of the bill of lading and the freight waybill must be submitted with the invoice if applicable. 3. Payment Terms: All payments will be processed in accordance with Texas Prompt Payment Act, Texas Govemmenr 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_ 4. 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. 5. Firm Pricing: The price shall remain firm for the duration of the Agreement and resulting Purchase Order, orany extension periods. No separate line item charges shall be permitted tot invoice purposes. which shall include equipment rental, demurrage, fuel surcharges, delivery charges, and costs associated with obtaining permits or any other extraneous charges. 6. 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 ofthe Vendor's current prices on orders by others for like deliverables under similar terms of purchase. U. 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 V. .SEVERABILITY Tile invaiidity.of unenforceability of any provision herein shall not affect the validity or enforceability of any other Contract No 17 -0074 -GC for Honeywell electric meters, Page 6 of 9 water modules and related items Page 58 of 124 provision W. 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 X. VENDOR'S OBLIGATION: Vendor shall fully and timely provide all deliverables described in this Agreement in strict accordance with the terms, covenants and conditions of the Agreement and all applicable federal, state and local laws, rules and regulations Y, 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. Z, 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 anyone 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 Contract No 17 -0074 -GC for Honeywell electric meters. Page 7 of 9 water modules and related items Page 59 of 124 Exhibit 2 City of Georgetown Supplemental Purchase 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. it shali remain in full force and effect with firm fixed prices for twelve (12) months - 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) years [five (5) years total]. The renewal will be under the same terms and conditions as the original agreement; provided, however, that the unit prices under the original agreement may, by mutual consent, be increased pursuant to the 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 items purchased under an estimated annual requirements contract is firm for the first annual period of the contract. If the option to renew for additional one-year temi(s) is exercised by the Clty, the City may allow a unit price adjustment at the time of renewal. The Contractor may request unit price adjustments when correlated with the Consumer 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 bids opened. Unit prices maybe 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. The Contractor may offer price decreases in excess of the allowable percent change. Supplier(s) are required to give a sixty (60) day written notice requesting the increase. Increases will be effective on the start date of the renewal term. C. 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. 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 Citys 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 o; equ pment 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 Contract No. 17 -0074 -GC for Honeywell electric meters, Page 8 of 9 water modules and remled items Page 60 of 124 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 andlor equipment and all process sheets associated thereto shall become the property of the City and shall be identified by the Vendor as such. D. 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, 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 to City of Georgetown, Central Receiving, 300-1 Industrial Avenue, Georgetown. TX, between the hours of BAM and 4PM (CST), Monday through Friday except regularly observed state and federal holidays (see 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 eservation: 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 deiiverabies 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 norl-compliant, the required goods or services May be procured from an alternate source, and the Vendormay tie charged the full increase in cosi, if any. If the City has the right to inspect the Vendor's r 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 detiverables 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 roquired to refund such amounts to the City, E, REGULATIONS and STANDARDS The goods or equipment prov!ded shalt meet or exceed all Federal and State of Texas safety, health, lighting, and noise regulations and standards rn effect and applicable to equipment furnished at the time of manufacture. Contract No. 17 -0074 -GC for Honeywell electric meters. Page 9 of 9 water modules and related items Page 61 of 124 Honeywell THE POWER OF CONNECTED Smart Energy Electricity Americas 208 South Rogers Lane Raleigh, NC 27616 www.honeywell.com May 15, 2017 Mr. Mike Maldonado Georgetown Utility Systems 300-1 Industrial Ave. Georgetown, TX. 78627 Dear Mike, To confirm our conversation and as of the email, Wesco is Honeywell's sole distributor of Energy Axis AMI electric meters in the State of Texas. Since the City of Georgetown has deployed an Energy Axis AMI electric system Wesco can supply the City with Honeywell electric meters that include the Energy Axis AMI module. Sincerely, Jim Jim Krzyzaniak Region Director Honeywell I Smart Energy Office: 817.964.3630 Mobile: 910.819.4998 Page 62 of 124 CERTIFICATE OF INTERESTED PARTIES FORM 3.295 10f1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Cerrifirate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2017-231959 WESCO Distribution San Antonio, TX United States Date Filed: 07/05/20172Nameofgovernmentalentityorstateagencythatisapartytothecontractforwhichtheformis being filed. City of Georgetown gate Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17 -0074 -GC Metering Contract 4 Name of Interested Party City, State, Country (place of business) Nature of interest check applicable) Controlling Intermediary WESCO Distribution San Antonio, TX United States X 5 Check only if there is NO Interested Party. I 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct, Sigt a re of auttion t agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE 1 L, Sworn to and subscribed before me, by the said _N o t `0`(, this the y \ day of. 217to certify which, witness my hand and seal of offtfe. X68,$ P JESSICA HERAS Notary Public ignature of officer ar n'iinistenng oath Printed name of officer admit+istermg oath itlr cer MV1CaA11Mrk5R,7W12-201. Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 Page 63 of 124 Council Meeting Date: June 13, 2017or Council Workshop Date: Regular Agenda Consent ® Executive Session Attachments Ordinance Publication Date: Draft Ordinance to City Secretary: Must be published 72 hours before meeting; deadline to WC Draft ordinance must be given to City Secretary one week before Sun is 11:00 Monday Council meeting AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to approve a contract with Wesco Distribution, Inc. to provide Honeywell electric meters, water modules and related items for the Advanced Metering Infrastructure system in an amount not to exceed $420,000. Rosemary Ledesma, Purchasing Manager. ITEM SUMMARY/SPECIAL CONSIDERATIONS: This item is to request approval of a sole source purchase to Westco Distribution, Inc. for a one (1) year initial term and four (4) annual extension options for providing Honeywell electric meters, water modules and related items on an as needed basis. GUS initially purchased the Advanced Metering Infrastructure (AMI) system in 2010 from Elster Solutions, Inc. The purchase was for the acquisition and deployment of an AMI system for an amount not to exceed $8,600,000. The AMI project required Elster Solutions to provide various AMI compatible electric and water hardware items including meters, gatekeepers and endpoint units. Elster Solutions installed AMI compatible electric meters and water modules manufactured by Honeywell for the City's AMI system. The electric products manufactured by Honeywell are proprietary parts to the AMI system. Wesco Distribution, Inc. is the sole authorized distributor of Honeywell Energy Axis AMI electric meters and the water modules in the State of Texas. This distributor will be responsible for supplying and providing warranty support in repair or replacement of Honeywell electric and water products as required by the City. FINANCIAL IMPACT: Total annual cost is not to exceed $420,000. Funding for the extension options is contingent upon available funding in future budgets. COMMENTS: The Local Government Code, Section 252.022, (7) (A) approves exemption from competitive bidding laws for procurement of items available from only one source because of patents, copyrights, secret processes, or natural monopolies. ATTACHMENTS: Sole Source Letter from Honeywell AMI Contract Summary & Signatures Page 64 of 124 City of Georgetown, Texas Advanced Metering Infrastructure (AAAI) contract No. 2011.507.0 GENERAL AGREEMENT FOR CITY OF GEORGETOWN, TEXAS CONTRACT NO. 2011-607-C 1. GENERAL: The CITY OF GEORGETOWN, TEXAS, a Texas home rule municipal corporation (hereinafter referred to as "COG'), and ELSTER SOLUTIONS, LLC, a Delaware limited liability company (hereinafter referred to as "Elster" ), enter into this General Agreement for Advanced Metering Infrastructure (the "Genemi Agreement') including all Exhibits as described in Paragraph 4 helow (collectively, the "Agreemehf') as of the_ day of December, 2010 (the "Effective Date"). COG and Elster may be referred to individually herein as the "Party` or collectively as the "Parties", 2. DEFINITIONS: The rneraning of Terms, Acronyms and Abbreviaitions; are defined in Exhibit E and throughout this Agreement. When required, the plural will include the singular and the singular will include the plural, 3. AGREEMENT TERM; The term of this Agreement will be for a period of thirty-six (36) months from the Effective Date ("Term"), The Term may be extended upon mutual written agreement, 4. ENTIRE AGREEMENT: This General Agreement, together with the Exhibits attached hereto constitute the entire Agreement between the Parties for all legal purposes, and supersede and cancel any and all prior agreements, written or oral, between them relating to the subject matter hereof, and may not be amended except in a written change signed by both of the Parties hereto. This Agreement shall include (the "agreement Documents"),. General Agreement Exhibit A Schedule of Prices Exhlb€t B —Technical Specifications & Statement of Work Exhlb t C -- Software License Agreement ("SLA") Ex lbit — Systern Maintenance Agreement ("SMA") xh€bft F — Definitions Exhibit F —Warranties Exhibit G — Insurance Requirement Affidavit The SLA and SMA are included herein, as their signing by the Parties Is a requirement for completion of the Agreement. The SLA and SMR will survive the earlier expiration or termination of the General Agreement and shall stand alone for the duration of their individual terms. S. ORDER OF PRECEDENCE: All Agreement Documents and subsequently executed Addenda, Amendments or Modifications to the Agreement Daci.iments are essential parts of this Agreement, and a requirement occurring in one is binding as though occurring in all, General Agreement •- City of Georgetown and Elster Page 65 of 124 City of Georgetown, Texas Advanced MotaOng Infrastructure (,4M1) Contract No. 2011-607-C goods at the time of purchase. COG will furnish an exemption certificmte to Eister on request and cooperate with Ester in obtaining such certification. Elster shall not include any such taxes in its applications to COG for payment, and COG shall not pay any such taxes if Elster fails to acquire a limited sales, excise and use tax permit or exemption certificate as required by this Paragraph 8, 9. PROGRESS PAYMENTS: Elster shall submit rnontlily appticatlons for payments in writing to COG, COG shall make progress payments according to: (i) pricing In Exhibit A, (i#) any applicable change orders on the basis of Elster's applications for payment, and (iii) in accordance with the schedule below (then 'Progress Payments"), less applicabis Retainage as described in Paragraph 10 below. Progress Payments will bre rnade in accordance with the Prompt Payment Act. Invoices and Progress Payments will be made in accordance with the following schedule: A. Headend System Server Software -- Headend System Server Software shall be invoiced only after both (i) completion; and (ii) written acceptance by COG. 13, System Software License fees The base software license fee and initial per meter license fees shall be invoiced only upon conclusion of each of the following: (I) completion of installation; (it) completion of training at site; and (Iii) written acceptance by COG. Additional per meter fees will bre issued after any periodic audit, but not ntorr: than one (1) audit per calendar year shall be billed to GOG. No credit will be given for audits resulting in fewer meters on the system. C. Meters, Gatekeepers, and Endpoint Units — Costs for Meters, Gatekeepers, and Endpoint Units shall be invoiced for actual quantities received upon arrival at Elster's warehouse within COG's service territory. Ail costs of Instalfation of Meters, Gatekeepers and EndpQint Units shall be invoiced monthly upon completion of such installations. Elster may only order such Meters, Gatekeepers, and Endpoint Units in compliance with the Final Project Schedule, and COG shall not be obligated to pay califs for any Meters, Gatekeepers, or Endpoint Units ordered and received by Elstor prior to times indicated in the f=inal Project Schedule, Final Project Schedule will be created during Phase 1 as defined in the SOW. D. System Maintenance Fetes — Syslerns Maintonance f=ees shall be invoiced upon completion of moth (i) Software installation: and (ii) training for the first partial calendar year after installation, and annually tllerea(ler unless terminated by COG in accordance with the SLA. E. Project Support Services - Shall be invoiced as follows: Supimwf invoice 1,3.00.t fl Upon commencement of system planning t according to Exhibit LES Support invoice $241,300.00 Upon completion of EA_MS site the olvsut 2 and training according to Exhibit B Support Invoice $241,300.00 Upon completion of all Work according to 3 Exhibit 5 TOTAL $723,966 Elster Project Services according to E ttbit A General Agreement -- City of Georgetown and Elster Page 66 of 124 City of Georgetown, Texas Advanced Metering Infrastructuro (AMI) Contract No. 2011-507-C SIGNATURE PAGE OF ELSTER TO AMI GENERAL AGREEMENT) ELSTER. ELSTER SOLUTIONS, LLC, a Delaware limited liability company Name: f _ F Title:-'4__,L;.rj-_:''_ STATE OF NORTH CAROLINA ACKNOWLEDGMENT COUNTY OF A pis, strVin Ott was acknowledged before me on this the l _ _clay of _ t? { Y' , 20. 6., by YpIr IMT person known to me, in his/44er-- capacity as S S3 'ri!' t of Elster Solutions, LLC:, a Delaware limited liability company, on behalf of said limited liability company. Notary Public, State of North Carolina N( 41 L A16V VS Nocary 1nuboo Wake Grady florlh Caro na By GAtifrrtaalif rr L.'Xplres jut) 26, 2,015 General Agreement — City of Georgetown and Elster 23 Page 67 of 124 City of Georgetown, Texas Utility System Advisory Board May 10, 2019 S UB J E C T: C onsideration and pos s ible rec ommendation to approve Task O rder KPA-19-006 with Kasberg, P atric k & As s ociates , LP of G eorgetown, Texas , for professional services related to the 2019 EAR Z Was tewater R ehabilitation - Area 2 in the amount of $382,745.00. -- Wesley Wright, P.E., S ystems Engineering Director / Michael Hallmark, C I P Manager IT E M S UMMARY: T he Texas C ommis s ion Environmental Q uality (T C EQ ) regulations require that was tewater collec tion s ystems over the Edward Aquifer R ec harge Zone (EAR Z) be tes ted and defects be correc ted.G US Water/Was tewater S ervic es Department performs all tes ting of the wastewater sys tem and Kas berg, P atric k and Assoc iates (KPA) reviews the c ity tes ting data and recommends remedial action needed to prevent exfiltration into aquifer. T his item will evaluate the testing information provided by the wastewater department and takes the remediation rec ommendation and engages the services of KPA to perform the necessary design, bidding, and cons truction management to enact the recommended repairs. KPA is qualified bec ause of their experience with reviewing C ity of G eorgetown EAR Z testing data and numerous projects they have done for the city. P ursuant to the Master S ervices Agreement, Task O rder KPA-19-006 (attached) defines the s cope of work as : Tes ting evaluation, s urveying, sc hematic des ign, final des ign, bidding, and cons truction administration for the rehabilitation of defec ts in the exis ting wastewater sys tem identified in the EAR Z Was tewater R ehab – Area 2 tes ting. Improvements will replace by open cut and/or rehabilitate through trenc hless or c ured-in-place tec hnologies, the existing vitrified clay piping sys tem, offset pipe joints and bric k manholes whic h are failing with a sound wastewater sys tem that will adhere to current T C EQ regulations . S TAF F R E C O MME N D AT IO N S: S taff recommends executing Task O rder KPA-19-006 for profes s ional s ervic es for the 2019 EAR Z Wastewater R ehabilitation – Area 2 with Kasberg, P atric k & Assoc iates, LP of G eorgetown, Texas, in the amount of $382,745.00. F IN AN C IAL IMPAC T: F unds for this expenditure are available in the Wastewater C I P Budget. S UB MIT T E D B Y: Wesley Wright, P.E., S ystems Engineering Direc tor / Mic hael Hallmark, C I P Manager. AT TAC H ME N T S: Description Type KPA Task Order KPA-19-006 Backup Material Exhibit A - Detailed Project Scope Backup Material Exhibit B - Fee Schedule Backup Material Exhibit C - Map Backup Material Page 68 of 124 Page 69 of 124 Page 70 of 124 Page 71 of 124 Page 72 of 124 EXHIBIT A – DETAILED PROJECT SCOPE 2019 EDWARDS AQUIFER RECHARGE ZONE WASTEWATER REHABILITATION SERVICES PROVIDED BY ENGINEER KASBERG, PATRICK & ASSOCIATES, LP GEORGETOWN, TEXAS Project Description: This project involves compiling and summarizing the testing results performed by City of Georgetown personnel in conjunction with 2019 Edwards Aquifer Recharge Zone (EARZ) Wastewater Rehabilitation. Once the data has been compiled, a determination will be made of the applicable rehabilitation methods and detailed opinions of probable cost will be generated. A final report will be prepared detailing this information. In addition, the project involves schematic design, final design, bidding and construction administration for the rehabilitation and/or replacement of wastewater system defects identified in the 2019 EARZ Wastewater Rehabilitation Preliminary Report. Improvements will include construction of wastewater infrastructure improvements and/or rehabilitation of existing infrastructure to remove infiltration and exfiltration of wastewater and assure proper sizing of the wastewater infrastructure. Typical system modifications include reconstruction of manholes and their benches/inverts, pipe lining or pipe replacement to facilitate proper flow through the system. Scope of Services: The scope of services associated with the preliminary design phase and report preparation for the 2019 EARZ Wastewater Rehabilitation includes: I. System Review and Report A. Compilation and Review of Field Data i. Manhole Inspections 1. The ENGINEER will compile all existing manhole inspection data from the City of Georgetown into electronic form. This includes both the inspector’s reports and manhole photos. 2. The ENGINEER will review the existing information and generate individual manhole inspection reports including photographs and line connection details for each manhole. 3. The ENGINEER will generate a Manhole Inspection Summary which identifies all manholes inspected as part of this project. 4. The ENGINEER will produce an overall map to be included in the report that shows the location and condition of all inspected manholes. ii. Video Inspections 1. The ENGINEER will review the Wastewater Line Inspection Videos while noting areas with potential defects for further inspections. 2. The ENGINEER will generate a Video Inspection Summary, which will include label, length, and material of all videoed lines. 3. The ENGINEER will produce an overall map to be included in the report that shows the location and condition of all videoed wastewater line. Page 73 of 124 B. Defect Identification and Rehabilitation Method Recommendation i. Manhole Inspections 1. The ENGINEER will identify all exfiltration and/or infiltration defects based on the information supplied by the City. 2. The ENGINEER will generate individual defect sheets for each defective manhole, which will include defect photos and the preliminary recommendation for a rehabilitation method. ii. Video Inspections 1. The ENGINEER will identify all exfiltration and/or infiltration defects based on the videos supplied by the City. 2. The ENGINEER will generate individual defect sheets for each defective wastewater line, which will include screen captures of defects and the preliminary recommendation for a rehabilitation method. C. Cost Estimation i. The ENGINEER shall generate a detailed Preliminary Opinion of Probable Construction Cost for the rehabilitation of each defect identified in this report. ii. The ENGINEER will produce a summary that will show the breakdown of construction costs for manhole rehabilitation, trenchless rehabilitation, and open cut rehabilitation. The ENGINEER will use this to make a recommendation of how to assemble the defects into the most efficient construction projects. II. Report Preparation A. All testing, summaries, recommendations and Opinions of Probable Costs will be presented in a final report. B. The ENGINEER will present two copies of the 90% Review Set to the City for review. C. The ENGINEER will incorporate all comments into the Final Report. D. The ENGINEER will present electronic copy sets of the Final Report to the City. Scope of Services: The scope of services associated with final design, bidding and construction administration for this project to be provided by the ENGINEER includes design surveys, schematic design, wastewater construction and rehabilitation design, traffic control design, coordination with the City of Georgetown, bidding and construction administration. The engineering services will include the following: III. Site Surveys A. Obtain and review existing data i. The design team will collect existing data from the City of Georgetown and other utility providers to incorporate into the design surveys. For proposed open-cut wastewater main construction work, this will include existing water, wastewater, telephone, gas and other utilities that can be identified with help from respective utilities. The design team will work with the City to collect information on their systems and utilize one calls and direct contact with other utility providers to establish locations of existing utilities. Page 74 of 124 IV. Schematic Design A. The ENGINEER will incorporate all site surveys into computer aided drafting and develop topographies and surfaces. All existing utilities will be incorporated from data gathered. This will include topographic working drawings to prepare the schematic design. B. The ENGINEER will develop design schematics to illustrate the proposed improvements and sequence of construction. Exhibits of the schematic design will be produced and reviewed with City Staff. These shall include proposed construction techniques based on data discovered and received during the Design Surveys Phase. All comments from City Staff will be incorporated into the Schematic Design. Preliminary costs will be developed based on the schematic design and reviewed with City Staff. V. Final Design C. The ENGINEER will incorporate the decisions and concepts from the schematic design meetings into the final design. D. The ENGINEER will develop plan and profile drawings for the proposed improvements and include existing utilities to show any conflict. If conflict does occur, the ENGINEER will design the project to avoid or relocate any conflicts. E. The ENGINEER will design wastewater rehabilitation and construction methods. F. The ENGINEER will incorporate the construction method for wastewater improvements into the final design. Plan sheets will be created for these sections and include details. G. The ENGINEER will prepare final details for the project and incorporate these into the final design sheets. H. The ENGINEER will prepare bid set documents that require the Contractor to provide, submit, and receive applicable SWPPP permits, implement erosion control measures and submit applicable Notice of Intent with the TCEQ. I. The ENGINEER will prepare final contract documents and specifications for the project. Five copies of these documents will be submitted to City Staff for review. All comments will be incorporated into the contract documents and specifications for final bidding documents. J. The ENGINEER will deliver review sets of the design sheet sets at 90% stage. Five sets will be delivered to the City for review. All comments will be incorporated in the design sets. K. The ENGINEER will prepare final design bidding documents to include plans, specifications and contract documents. The plan sheets will be on 11x17 sheets. Bid items will require the Contractor to include traffic control plans signed by a Texas registered Professional Engineer for work within roadways. L. The ENGINEER will prepare and submit a Sewage Collection System submittal to the TCEQ, where applicable for extending wastewater system. Page 75 of 124 M. Rehabilitation work for this project involves existing public utility wastewater system lines and structures. Researching and obtaining additional easements is not included in the scope of this task order. VI. Bidding N. The ENGINEER will develop the invitation to bid and deliver to City Staff for advertising the project for public bidding. The ENGINEER will also solicit bids from past contractors to acquire as competitive a bidding process as possible. O. The ENGINEER will manage and distribute bidding documents. P. The ENGINEER will prepare for the Pre-Bid Conference, develop an agenda and sign in sheet, conduct the Pre-Bid Conference, take notes at the conference, prepare minutes and incorporate into the addenda. Q. The ENGINEER will receive all questions from bidders, log the questions and answer in the form of an addenda. R. The ENGINEER will conduct the bid letting, receive all bids, tabulate the bids and certify them. S. The ENGINEER will research the low bidder(s) qualifications and recommend award to the City of Georgetown. VII. Construction Administration T. The ENGINEER will prepare contract documents; forward them to the contractor awarded the project by the Georgetown City Council. Once the contractor has executed the contract documents, they will be checked for proper documentation and forwarded to the City of Georgetown for execution. U. The ENGINEER will schedule and conduct the Pre-Construction Conference. Minutes from the conference will be taken and distributed. V. The ENGINEER will receive and review all submittals and material samples for the project. Documentation for the submittals will be generated and distributed to the City of Georgetown and the contractor. W. The ENGINEER will hold regularly scheduled construction progress meetings. These meetings will include meeting agendas covering project specifics and schedules. Notes will be taken by the ENGINEER at the meetings. Minutes will then be developed and distributed to the City of Georgetown Staff and the contractor. X. The ENGINEER will make periodic visits the project site. These site visits are utilized to perform a general overview of the project and answer any questions the contractor may have. The City of Georgetown will provide daily on-site representation for the project. Y. The ENGINEER will develop pay estimate forms for the project. These will be distributed to City Staff and the contractor. The ENGINEER will review the pay requests with City Staff. Page 76 of 124 Z. The ENGINEER will conduct a final walk through of the project. Punch list items will be generated during this review. A letter addressed to City Staff will be generated discussing the findings of the walk through. The contractor will be copied on this letter as well. AA. The ENGINEER will develop final record drawings for the City of Georgetown Staff. The record drawings will be presented in electronic form (filename.PDF) with each plan sheet and provided deliverable via thumb drive or DVD. A full 11”x17” hard copy can also be made available upon request. Page 77 of 124 System Review and Report Clerical CAD EIT PE PM Principal Total Hrs.Total Fee Compile Manhole Data 8 65 30 15 7 125 15,115.00$ Review Videos and Compile Raw Data 8 240 45 32 24 349 41,635.00$ Summarize Defects 55 80 30 20 8 193 21,375.00$ Recommend Rehabilitation Method 45 28 20 8 101 13,305.00$ Prepare Detailed OPCs 28 8 4 4 44 5,460.00$ Format Data into Report Sheets 20 120 30 6 4 180 19,510.00$ Prepare Summary Maps 120 18 4 4 4 150 12,870.00$ Draft Report Preparation 25 35 5 2 2 69 6,445.00$ Incorporate Review Comments 4 2 2 2 10 1,410.00$ Final Report Preparation 45 55 20 10 10 140 14,550.00$ Subtotal System Review & Report 106 175 690 202 115 73 1361 151,675.00$ Schematic Design Clerical CAD EIT PE PM Principal Total Hrs.Total Fee Incorporate existing utilities data - 40 18 - 4 8 70 7,130.00$ Site Reconnaissance - 8 37 25 - 8 78 9,460.00$ Identification of Construction / Rehab Method - - 30 22 10 17 79 11,120.00$ Design / Prepare Schematic Layout - 48 48 16 13 12 137 15,280.00$ Prepare Preliminary Cost Estimates - - 8 - 4 - 12 1,480.00$ Meet with City Staff to Review - - - - 4 4 8 1,440.00$ Subtotal Schematic Design - 96 141 63 35 49 384 45,910.00$ Final Design Clerical CAD EIT PE PM Principal Total Hrs.Total Fee Incorporate schematics into Final Design - 26 26 26 5 2 85 9,390.00$ Prepare plan and profile sheets.- 200 120 105 60 25 510 56,375.00$ Illustrate Existing Utilities and Design to avoid conflicts - 85 72 31 15 10 213 22,520.00$ Design Roadway Repair / Surface Restoration - 6 30 14 8 - 58 6,770.00$ Design Erosion Control - 6 6 4 2 2 20 2,340.00$ Prepare Contract Documents and Specifications for Review 30 24 24 16 14 8 116 11,970.00$ Review Final Design with City Staff & incorporate comments - 15 27 15 7 7 71 8,505.00$ Prepare Final Bid Documents 28 16 14 14 2 4 78 7,220.00$ Subtotal Final Design 58 378 319 225 113 58 1,151 125,090.00$ Bidding Clerical CAD EIT PE PM Principal Total Hrs.Total Fee Advertise / Solicit Bidders 4 - 2 - 2 2 10 1,150.00$ Distribute plans and specifications 8 - 4 2 - - 14 1,130.00$ Pre-Bid Conference 2 - 4 - - 4 10 1,330.00$ Answer Questions and Prepare Addenda - 4 8 2 2 2 18 2,130.00$ Receive & Tabulate Bids 4 - 4 2 2 - 12 1,230.00$ Recommend Award 4 - - - 2 - 6 540.00$ Subtotal Bidding 22 4 22 6 8 8 70 7,510.00$ Construction Administration Clerical CAD EIT PE PM Principal Total Hrs.Total Fee Prepare Contract Documents & distribute to Contractor 6 4 4 - - 2 16 1,450.00$ Review Submittals 6 - 24 10 5 2 47 5,400.00$ Construction Meetings/minutes/etc.10 - 28 30 30 12 110 14,740.00$ Site Review - - 40 50 50 28 168 24,550.00$ Final Walkthrough - - - - 10 10 20 3,600.00$ Record Drawings 8 12 4 4 2 1 31 2,820.00$ Subtotal Construction Administration 30 16 100 94 97 55 392 52,560.00$ Summary of Labor & Cost Clerical CAD Tech EIT PE PM Principal Total Hrs.Total Fee 1. System Review and Report 106 175 690 202 115 73 1,361 151,675.00$ 2. Schematic Design - 96 141 63 35 49 384 45,910.00$ 3. Final Design 58 378 319 225 113 58 1,151 125,090.00$ 4. Bidding 22 4 22 6 8 8 70 7,510.00$ 5. Construction Administration 30 16 100 94 97 55 392 52,560.00$ Project Total 216 669 1,272 590 368 243 3,358 382,745.00$ Exhibit B Fee Schedule 2019 Edwards Aquifer Recharge Zone (EARZ) Wastewater Rehabilitation Page 78 of 124 KASBERG, PATRICK & ASSOCIATES, LP CONSULTING ENGINEERS GEORGETOWN, TEXAS 78626 Firm Registration No. F-510 © 20 1 4 K a s b e r g , P a t r i c k & A s s o c i a t e s , L P K P A F i r m R e g i s t r a t i o n N u m b e r F - 5 1 0 FI L E : P: \ G e o r g e t o w n \ 2 0 1 9 \ 2 0 1 9 - x x E A R Z W W R e h a b A r e a 2 - 2 0 1 9 \ C A D \ E x h i b i t \ E A R Z P H A S E S . d w g L A S T S A V E D : 3/ 2 6 / 2 0 1 9 9 : 3 7 : 1 8 A M LA Y O U T : EX H I B I T A - 8 . 5 X 1 1 GEORGETOWNTEXAS EST. 1848 LEGEND EARZ 2018 EARZ 2019 FUTURE EARZ 0 HORIZONTAL SCALE IN FEET 3500 7000 N O R T H EARZ 2019 PHASES EXHIBIT A CITY LIMITS ETJ Page 79 of 124 City of Georgetown, Texas Utility System Advisory Board May 10, 2019 S UB J E C T: C onsideration and pos s ible rec ommendation to approve Task O rder # G VR -19-001-TO to G arver US A for the des ign of 12 inch water main from S E Inner Loop to the Vantage apartments along F M 1460 in the amount of $61,663.00. -- Wesley Wright, P.E., S ystems Engineering Direc tor/ Michael Hallmark, C I P Manager IT E M S UMMARY: Task O rder # G VR -19-001-TO to G arver US A for the design of 12 inc h water main from S E Inner Loop to the Vantage apartments along F M 1460 inclus ive of S urvey, bidding s ervic es and c onstruc tion support in the amount of $61,663.00. S TAF F R E C O MME N D AT IO N: S taff recommends approval of Task O rder # G VR -19-001-TO to G arver US A for the design of 12 inc h water main from S E Inner Loop to the Vantage apartments along F M 1460 in the amount of $61,663.00. F IN AN C IAL IMPAC T: F unding for the projec t will be from the Water C I P budget. S UB MIT T E D B Y: Wesley Wright, P.E., S ystems Engineering Direc tor/ Michael Hallmark, C I P Manager AT TAC H ME N T S: Description Type Garver TO Cover Memo Page 80 of 124 Page 81 of 124 Page 82 of 124 Page 83 of 124 Page 84 of 124 Page 85 of 124 Page 86 of 124 Page 87 of 124 Page 88 of 124 Page 89 of 124 City of Georgetown, Texas Utility System Advisory Board May 10, 2019 S UB J E C T: C onsideration and pos s ible rec ommendation on the F Y20 C apital Improvement P lan -- Wesley Wright, P E, S ystems Engineering Direc tor IT E M S UMMARY: P leas e see attached pac ket and presentation. F IN AN C IAL IMPAC T: P leas e see attached. S UB MIT T E D B Y: Wesley Wright, P E, S ystems Engineering Direc tor AT TAC H ME N T S: Description Type FY20 CIP Pres entation (GUS)Backup Material FY20 CIP Packet (GUS)Backup Material Page 90 of 124 FY2020 Annual Budget FY20 Budget Capital Improvement Plan Georgetown Utility Systems Advisory Board May 10, 2019 City Council June 25, 2019 Page 91 of 124 FY2020 Annual Budget 2019 Capital Improvement Plan •Water -$27,300,000 Treatment -$20,250,000 Pumping -$3,250,000 Distribution -$3,050,000 Tanks -$750,000 •Wastewater -$17,000,000 •Irrigation (None) Page 92 of 124 FY2020 Annual Budget Water –Treatment Page 93 of 124 FY2020 Annual Budget Water –Treatment (cont’d) •Lake WTP –8MG Treatment and Pumping Expansion –$8,000,000 •Southside WTP –Rehabilitation of valves, controls, filters –$2,250,000 •Round Rock Treated Supply –Pump Station, Tank & Linework –$10,000,000 Page 94 of 124 FY2020 Annual Budget Water -Pumping •Hoover Pump Station –$750,000 •Stonewall Ranch Pump Station –$2,500,000 Page 95 of 124 FY2020 Annual Budget Water –Distribution & Tanks •Carriage Oak Transmission –12” Stonewall PS to Carriage Oaks EST –Continued growth out West, Fire Flow –$500,000 (Design only FY20) –$2,000,000 (Construction in FY21) •CR262 –12” south of FM3405 –Continued growth North, Fire Flow –$500,000 (Design only FY20) –$3,000,000 (Construction in FY21) Page 96 of 124 FY2020 Annual Budget Water –Distribution & Tanks (cont’d) •Southwest Bypass –24” from new bridge to FM 2243 –Support to Leander and Escalara ESTs –$1,800,000 •Miscellaneous Linework (TCEQ/contracts) –$250,000 •Tank Rehabilitation –Existing Daniels Mountain Steel Tanks –$750,000 Page 97 of 124 FY2020 Annual Budget Wastewater •Berry Creek Interceptor -$10,000,000 –Reroute, budget true-up Page 98 of 124 FY2020 Annual Budget Wastewater (cont’d) •Edwards Aquifer Recharge Zone (EARZ) (TCEQ mandate) –$1,500,000 •Lift Station Repair/Upgrades (as needed) –$550,000 •San Gabriel Wastewater Treatment Plant Rehab –$2,500,000 •Gatlin Creek Reimbursement –$450,000 –Contractual obligation to remove Teravista lift station Page 99 of 124 FY2020 Annual Budget Wastewater (cont’d) •San Gabriel Interceptor Design underway $2,000,000 (FY20 easement acquisition) $32,500,000 (FY21 construction Page 100 of 124 FY2020 Annual Budget 2019 Capital Improvement Plan •Water -$27,300,000 Treatment -$20,250,000 Pumping -$3,250,000 Distribution -$3,050,000 Tanks -$750,000 •Wastewater -$17,000,000 •Irrigation (None) Page 101 of 124 FY2020 Annual Budget FY20 Budget Capital Improvement Plan Georgetown Utility Systems Advisory Board May 10, 2019 City Council June 25, 2019 Page 102 of 124 Page 103 of 124 Page 104 of 124 Page 105 of 124 Page 106 of 124 Page 107 of 124 Page 108 of 124 Page 109 of 124 Page 110 of 124 Page 111 of 124 Page 112 of 124 Page 113 of 124 Page 114 of 124 Page 115 of 124 Page 116 of 124 Page 117 of 124 Page 118 of 124 Page 119 of 124 Page 120 of 124 Page 121 of 124 Page 122 of 124 Page 123 of 124 City of Georgetown, Texas Utility System Advisory Board May 10, 2019 S UB J E C T: Executive Session In c omplianc e with the O pen Meetings Ac t, C hapter 551, G overnment C ode, Vernon's Texas C odes, Annotated, the item listed below will be dis cus s ed in c los ed session and is s ubjec t to action in the regular s es s ion. S ec. 551.086 Competitive Matters C onsideration, disc ussion, and pos s ible rec ommendation on the F Y20 Electric C apital Improvement P lan - Wes ley Wright, P.E., S ys tems Engineering Director IT E M S UMMARY: Board to receive presentation during Exec utive S es s ion. S TAF F R E C O MME N D AT IO N S: -S taff recommends approval of the G eorgetown Utility S ys tems Electric C apital Improvement P lan. F IN AN C IAL IMPAC T: C IP -- To be included as part of disc ussion. S UB MIT T E D B Y: Wesley Wright, S ystems Engineering Direc tor (s km) Page 124 of 124