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Agenda_GUS_07.13.2018
Notice of Meeting for the Georgetown Utility System Adv isory Board and the Gov erning Body of the City of Georgetown July 13, 2018 at 2:00 PM at Georgetown Municipal Complex, 300-1 Industrial Av enue, Georgetown TX The City o f G eo rgeto wn is committed to comp lianc e with the Americans with Dis abilities Ac t (ADA). If yo u req uire as s is tanc e in participating at a p ublic meeting d ue to a disability, as d efined und er the ADA, reas onab le as s is tance, ad ap tatio ns , or acc o mmo d ations will b e provid ed up o n req uest. P leas e c o ntact the City Sec retary's Office, at leas t three (3) days prior to the sc hed uled meeting d ate, at (512) 930-3652 o r City Hall at 113 Eas t 8th Street fo r add itional info rmation; TTY us ers ro ute through Relay Texas at 711. Regular Session (This Regular S es s io n may, at any time, b e rec es s ed to convene an Exec utive S es s io n fo r any p urpose authorized b y the Op en Meetings Act, Texas Go vernment Co d e 551.) A Call to Ord er The Board may, at any time, rec es s the R egular S es s io n to convene in Exec utive S es s io n at the reques t of the Chair, a Board Memb er, the City Manager, As s is tant City Manager, G eneral Manager of Utilities, City Co uncil Member, o r legal c o uns el for any p urpos e authorized b y the Op en Meetings Act, Texas Government C o d e Chapter 551, and are s ubjec t to actio n in the Regular Ses s ion that follows . B Introduction of Vis itors Emp lo yee R ec ognitio n -- None submitted at time o f posting C July 2018 GUS Updates and June Co unc il Ac tions Wesley Wright, P.E., Sys tems Engineering Direc tor/Michael Hallmark, CIP Manager. D Ind ustry Up d ates Legislativ e Regular Agenda E Review and p o s s ib le ac tion to approve the minutes from the regular GUS Bo ard meeting held on June 8, 2018 and the Spec ial GUS Bo ard meeting held o n June 15, 2018. - Sheila K. Mitc hell, GUS Bo ard Liais on F Co nsideration and possible recommendatio n to ap p ro ve Task Order CDM-18-005 with CDM Smith Inc . of Austin, Texas for p ro fes s io nal s ervic es related to the S an Gab riel Interc epto r P hase 2 (SGI-2) in the amount of $1,037,700.00 - Wes ley Wright, P.E., S ystems Engineering Direc to r/Mic hael Hallmark, CIP Manager. G Co nsideration and possible recommendatio n to ap p ro ve the F irs t Amend ment increasing the c o ntract amount by $200,000 to the Agreement with Els ter Solutions LLC to pro vide EnergyAxis AMI water modules and related items fo r the Ad vanc ed Metering Infras tructure s ys tem in a to tal amo unt not to exceed $376,078. – Mike Stas ny, Technic al Services Manager/Glenn W. Dis hong, Utility Direc tor Page 1 of 59 Adjournment CERTIFICATE OF POSTING I, Shelley No wling, C ity S ecretary fo r the C ity of Geo rgeto wn, Texas , d o hereby c ertify that this Notice of Meeting was p o s ted at City Hall, 113 E. 8th Street, a p lace read ily acc es s ible to the general p ublic at all times , on the ______ d ay o f __________________, 2018, at __________, and remained so p o s ted fo r at leas t 72 c o ntinuo us ho urs p receding the sc heduled time o f s aid meeting. ____________________________________ S helley No wling, City Sec retary Page 2 of 59 City of Georgetown, Texas Utility System Advisory Board July 13, 2018 SUBJECT: Call to Ord er The Bo ard may, at any time, recess the Regular Ses s ion to c o nvene in Exec utive Ses s ion at the req uest of the Chair, a Bo ard Member, the City Manager, As s is tant City Manager, General Manager o f Utilities , City Counc il Memb er, or legal counsel fo r any purp o s e autho rized by the Op en Meetings Ac t, Texas Go vernment Code Chap ter 551, and are s ub jec t to ac tion in the Regular Ses s io n that fo llo ws. ITEM SUMMARY: FINANCIAL IMPACT: N/A SUBMITTED BY: Page 3 of 59 City of Georgetown, Texas Utility System Advisory Board July 13, 2018 SUBJECT: July 2018 GUS Up d ates and June Counc il Ac tio ns Wes ley Wright, P.E., S ystems Engineering Direc to r/Mic hael Hallmark, CIP Manager. ITEM SUMMARY: Airport GST Rehab. Rehab has begun. Interio r is complete and tank is bac k in s ervic e. Exterio r has 1st c o at o f paint ins talled and will rec eive an ad d itional c oat. Contrac tor remo ving co ntainment s ystem and will begin final touc hes and final c o at o n exterior. Berry Creek Wastewater Interceptor Staff and projec t team have finis hed draft info rmation for p res entatio n with County Commissioners related to p ro ject up d ates. A meeting was held with Commissioner Covey to review the d raft info rmatio n and s ubsequent meetings are being s ched uled with County C o mmis s io ners, the Jud ge, prior to full pres entatio n to the Co urt this s ummer. The report findings s upport original evaluation, that enviro nmentally and projec t impac t will b e the leas t imp actful to the p ark and s p rings if the original gravity ro ute is fo llo wed. There will b e some d is ruptio n to the trail within the p ark b ut overall the route and imp act will no t negatively impac t s p ring operations , now or in the future. Braun Elevated Storage Tank (EST) GeoTec h to get started with b o rings & Develo p ment Engineer s ent email giving ap p ro val o f site loc atio n, Bid in s ummer 2018 and tentatively s tart Cons tructio n in Dec ember 2018 for 3MG Elevated Sto rage Tank to rep lace the 0.75MG exis ting ES T Cedar Breaks to Pasto r Dedicated Water Line Tas k Order ap p ro ved b y GUS Board on 6/6/18 & City Counc il on 6/26/18 CR 255 Recommended b y GUS 10/09/15, ap p ro ved b y CC on 10/27/15. Preliminary Cons tructio n Plans are near 80% complete & Eas ements 50% c o mp lete Domel Pump Station T Morales c rew pulling c o ntro l wiring to the UV Building and s etting p anels alo ng with mini power zone in UV Build ing. Archer Western c rews ins talled 6” surge anticip ator valve and 14” gate valves and are priming/p ainting these valves and c oating interior walls o f c ontainment area at the c hemic al fill s tation EARZ 2018 – Area 1 Tas k Order ap p ro ved b y GUS Board 4/3/18 & b y City Counc il 4/24/18. P ro ject to Bid late summer 2018 Lake WTP Chemical Storage Improvements Tas k Order ap p ro ved b y GUS Board 12/8/17 & City Co uncil 12/12/17. Tentatively o ut for Bid Summer 2018 Lake WTP Raw Water Intake & Pump Station Improvements Recommendatio n o f Award given to Huffman Contrac tors, approved b y City Counc il 5/22/18 Mission Oaks Offsite Water Line In Des ign Phas e estimated to Bid late s ummer o f 2018 Park Lift Statio n Tas k Order recommend ed by GUS 2/10/17& ap p ro ved b y City Co unc il 2/18/17. 100% Des ign Page 4 of 59 Plans being reviewed by S taff, Bids late s ummer of 2018 Pasto r Pump Statio n NTP d ate Mo nday 4/16/18, PreCons truc tion Meeting held , s ubmittals under review and T Mo rales will start with UG elec tric duct banks & trans former p ad wo rk Pecan Branch WWTP NTP 7/17/17, Removing forms fo rm Lift S tatio n walls s o c rews can s tart excavation and sinking wetwell s tructure, mini excavator inserted into wetwell to start exc avation/s inking o f wetwell, equipment and weirs b eing set in Clarifier b as ins & p res s ure testing 16” effluent lines from Clarifiers . T Mo rales c rews running c o nduit in MCC Ro o m and Chemic al Sto rage area San Gabriel Wastewater Treatment Plant – Belt Press Tas k Order ap p ro ved b y GUS Board 3/9/18 & b y City Counc il 3/27/18. Bids late 2018 Shell Road Water line Final Des ign P lans are 90% complete & Eas ements are 60% complete Sun City 2.0 MG Elevated Storage Tank NTP is s ued fo r 12/18/17, F o und ation and Starter wall fo r c o lumn is in plac e. Mo ck-up p anel p o ur was c ompleted . CET c rews are wo rking to ins tall fo rms to pour the firs t ring. Co nc rete p o ur is sc hed uled fo r 6-29-18 Water Tank Rehab- 2018 CDM Tas k Ord er rec o mmended b y GUS Bo ard 12/8/17 & approved b y Counc il 12/12/17 Tentatively Out fo r Bid late s ummer 2018 Westinghouse Regional Lift Station NTP – 1/3/17, Crews tied in the Stonhedge lift station to the Dove Springs WWT P forc emain and Ro toTork Valve is no w in o p eration. S ubs tantial c o mp letion walk through and c reated a punc h lis t for CC Carlto n at Wes tingho use Lift & was tewater divers io n lines June 12 and 26, 2018 Council Actions -- attac hed FINANCIAL IMPACT: N/A SUBMITTED BY: Wes ley Wright, P.E., S ystems Engineering Direc to r/Mic hael Hallmark, CIP Manager. ATTACHMENTS: Description Type Project Reports Backup Material June Council actions Backup Material Page 5 of 59 GUS Item Update Coversheet July 2018 Airport GST Rehab. Rehab has begun. Interior is complete and tank is back in service. Exterior has 1st coat of paint installed and will receive an additional coat. Contractor removing containment system and will begin final touches and final coat on exterior. Berry Creek Wastewater Interceptor Staff and project team have finished draft information for presentation with County Commissioners related to project updates. A meeting was held with Commissioner Covey to review the draft information and subsequent meetings are being scheduled with County Commissioners, the Judge, prior to full presentation to the Court in Late May or Early June. The report findings support original evaluation, that environmentally and project impact will be the least impactful to the park and springs if the original gravity route is followed. There will be some disruption to the trail within the park but overall the route and impact will not negatively impact spring operations, now or in the future. Braun Elevated Storage Tank (EST) GeoTech to get started with borings & Development Engineer sent email giving approval of site location, Bid in summer 2018 and tentatively start Construction in December 2018 for 3MG Elevated Storage Tank to replace the 0.75MG existing EST Cedar Breaks to Pastor Dedicated Water Line Task Order approved by GUS Board on 6/6/18 & City Council on 6/26/18 CR 255 Recommended by GUS 10/09/15, approved by CC on 10/27/15. Preliminary Construction Plans are near 80% complete & Easements 50% complete Domel Pump Station T Morales crew pulling control wiring to the UV Building and setting panels along with mini power zone in UV Building. Archer Western crews installed 6” surge anticipator valve and 14” gate valves and are priming/painting these valves and coating interior walls of containment area at the chemical fill station EARZ 2018 – Area 1 Task Order approved by GUS Board 4/3/18 & by City Council 4/24/18. Project to Bid late summer 2018 Page 6 of 59 Lake WTP Chemical Storage Improvements Task Order approved by GUS Board 12/8/17 & City Council 12/12/17. Tentatively out for Bid Summer 2018 Lake WTP Raw Water Intake & Pump Station Improvements Recommendation of Award given to Huffman Contractors, approved by City Council 5/22/18 Mission Oaks Offsite Water Line In Design Phase estimated to Bid late summer of 2018 Park Lift Station Task Order recommended by GUS 2/10/17& approved by City Council 2/18/17. 100% Design Plans being reviewed by Staff, Bids late summer of 2018 Pastor Pump Station NTP date Monday 4/16/18, PreConstruction Meeting held, submittals under review and T Morales will start with UG electric duct banks & transformer pad work Pecan Branch WWTP NTP 7/17/17, Removing forms form Lift Station walls so crews can start excavation and sinking wetwell structure, mini excavator inserted into wetwell to start excavation/sinking of wetwell, equipment and weirs being set in Clarifier basins & pressure testing 16” effluent lines from Clarifiers. T Morales crews running conduit in MCC Room and Chemical Storage area San Gabriel Wastewater Treatment Plant – Belt Press Task Order approved by GUS Board 3/9/18 & by City Council 3/27/18. Bids late 2018 Shell Road Water line Final Design Plans are 90% complete & Easements are 60% complete Sun City 2.0 MG Elevated Storage Tank NTP issued for 12/18/17, Foundation and Starter wall for column is in place. Mock-up panel pour was completed. CET crews are working to install forms to pour the first ring. Concrete pour is scheduled for 6-29-18 Water Tank Rehab- 2018 CDM Task Order recommended by GUS Board 12/8/17 & approved by Council 12/12/17 Tentatively Out for Bid late summer 2018 Page 7 of 59 Westinghouse Regional Lift Station NTP – 1/3/17, Crews tied in the Stonhedge lift station to the Dove Springs WWTP forcemain and RotoTork Valve is now in operation. Substantial completion walk through and created a punch list for CC Carlton at Westinghouse Lift & wastewater diversion lines Page 8 of 59 Project: Airport GST Rehab Project# 2CQ Update – July 2018 Project Description: This project will consist of the rehabilitation of the ground storage tank used to provide reclaim water to Sun City Golf Courses. Purpose: The purpose of this project is includes repairing tank, removal of existing coating on interior and exterior of tank and applying a new coating system. Also will include other various repairs. Project Manager: Chris Pousson Engineer: Dunham Engineering, Inc. Contractor: E.J. Chris Contracting Phase Start Finish Status / Comments Preliminary Engineering December 2016 June 2017 ROI complete. Final Design June 2017 August 2017 100% complete ROW / Easements N/A N/A N/A Bid / Award Bid # August 2017 October 2017 GUS Board approved 10/13/17 – City Council approved on 10/24/17 Construction December 2017 Interior is complete and Tank is back in Service. Exterior has 1st final coating applied. Contractor will complete final coating on exterior. Post Construction Page 9 of 59 Project: Berry Creek Wastewater Interceptor Project# 3CJ Update – July 2018 Project Description: This project will consist of approximately 15,000 linear feet of wastewater interceptor ranging in diameter from 36-inch to 30-inch from the existing Berry Creek lift station to the existing Sun City lift station. The alignment of the interceptor will generally follow Berry Creek. Purpose: The purpose of this project is to add wastewater capacity in Sun City, provide wastewater service to the Shell road area, and will allow Sun City Lift Station to come off line when the future phases are complete. Project Manager: Ken Taylor Engineer: CDM Smith Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering May 2015 February 2016 Recommended by GUS 5/8/15 approved by CC 5/26/15. Final Design February 2016 March 2018 90% complete ROW / Easements June 2015 30% complete Bid / Award Bid # Construction Post Construction Page 10 of 59 Project: Berry Creek Wastewater Interceptor Phase 1,2, &3 Project# Update – July 2018 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 # Construction January 2019 April 2020 Post Construction Page 11 of 59 Project: Braun EST Project# 2JG Update – July 2018 Project Description: This project involves - Design, bidding and general services during construction for a 3 MG elevated storage tank (EST) at the Braun EST site Purpose: The purpose of this project is to add additional elevated water storage capacity and meet the demands of the water system in the 1178 pressure plane. 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 & by City Council 12/12/17 Final Design April 2018 July 2018 ROW / Easements Bid / Award Bid # September 2018 October 2018 Tentative Bid August 2018 with Construction starting late December 2018 of a 3.0 MG composite Elevated Storage Tank to replace the existing 0.75 MG EST Construction Post Construction Page 12 of 59 Project: Cedar Breaks EST – Pastor 24 Inch Dedicated Water Line Project# 2JI Update – July 2018 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 water line will run in DB Woods Rd right-of-way for the northern portion of the alignment 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: TBD 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 ROW / Easements July 2018 November 2018 Bid / Award Bid # January 2019 February 2019 Construction June 2019 Post Construction Page 13 of 59 Project: County Road 255 Waterline Improvements Project# 2JE Update – July 2018 Project Description: This project involves upgrading the existing 15-inch water main with 16-inch C-905 or DI pipe. This project will consist of approximately 44,500 LF of 16-inch water main replacement. Purpose: The purpose of this project is to upgrade the class pipe water mains to C-905 or DI pipe, and replace this existing main that has a large amount of water leaks. 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 14 of 59 Project: Domel Pump Station Improvements Project# 2JF Update – July 2018 Project Description: This project will consist of construction 3 submersible pumps to bring capacity to a firm 3 MGD, construct a new UV reactor and UV system. Purpose: The purpose of this project is to adequately keep up with water demands by supplying a firm 3 MGD. Project Manager: Ken Taylor Engineer: CDM Contractor: Archer Western Phase Start Finish Status / Comments Preliminary Engineering December 2015 April 2016 Task Order Recommended by GUS 2/10/17 Approved by CC 2/28/17 Final Design May 2016 March 2017 Complete ROW / Easements N/A N/A N/A Bid / Award Bid # Bid 5/23/17 Bid# 201727 Archer Western Approved by Council 6/27/17 Construction July 2017 July 2018 T Morales crew pulling control wiring to the UV Building and setting panels along with mini power zone in UV Building. Archer Western crews installed 6” surge anticipator valve and 14” gate valves and are priming/painting these valves and coating interior walls of containment area Post Construction Page 15 of 59 Project: EARZ 2018 – Area 1 Project# 3CQ Update – July 2018 Project Description: This project will consist of pipe bursting, cured-in-place, open trench, & rehabbing manholes. Purpose: The purpose of this project is to make repairs on the wastewater collection system to be in compliance with TCEQ rules and regulations. Project Manager: Ken Taylor Engineer: KPA Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering March 2017 June 2017 Task Order Recommended by GUS 2/10/17 Approved by CC 2/28/17 Final Design June 2017 August 2017 August 2018 ROW / Easements N/A N/A N/A Bid / Award Bid # Bid opening Task Order approved by GUS Board 4/3/18 & City Council 4/24/18. Project to Bid late summer 2018 Construction Fall of 2018 Post Construction Page 16 of 59 Project: Lake WTP – Chemical Storage Improvements Project# 2CW Update – July 2018 Project Description: This project involves - Design, bidding and general services during construction for the design of sodium permanganate storage and feed system improvements at the Lake WTP. Purpose: The purpose of this project is the sodium permanganate storage and feed system improvements will be bid so that small specialized, qualified chemical feed contractors can bid the project. 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 2 018 September 2018 Tentatively out for Bid Summer 2018. Construction Post Construction Page 17 of 59 Project: Lake Water Treatment Plant Raw Water Intake & Pump Station Maintenance Improvements Project# 2CU Update – July 2018 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 Recommendation of Award given to Huffman Contractors, approved by City Council 5/22/18 Construction Fall 2018 NTP issued 6/25/18 Post Construction Page 18 of 59 Project: Mission Oaks Offsite Water Line Project# 2JK Update – July 2018 Project Description: This project involves the construction of approximately 4,650 LF of 12-inch water line located in the northwest portion of the City. Purpose: The purpose of this project is to fulfill a former Chisholm Trail SUD Utility Agreement with Mission Oaks Subdivision Project Manager: Ken Taylor Engineer: KPA Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering March 2018 May 2018 Final Design May 2018 August 2018 ROW / Easements April 2018 June 2018 60% complete, preliminary staking completed Bid / Award Bid # Tentatively Bids late Summer 2018 Construction Post Construction Page 19 of 59 Project: San Gabriel Park Lift Station Improvements Project# 3CN Update – July 2018 Project Description: This project will consist of the construction a new wastewater lift station with appurtenant electrical and instrumentation improvements. Purpose: The purpose of this project is to provide wastewater service for growth and development in the San Gabriel Wastewater Basin. 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 100% Plans under review by Staff ROW / Easements N/A N/A Bid / Award Bid # Bid late Summer of 2018 Construction Post Construction Page 20 of 59 Project: Pastor Pump Station Project# 2BZ Update – July 2018 Project Description: This project involves upgrading the existing pump station with two new motors, pumps, electrical, instrumentation & HVAC. Design of pipeline improvements to provide more water to the Pastor Pump Station and to complete the West Loop Water Line near SH 29 and DB Wood Road. Purpose: The purpose of this project is to upgrade pipeline improvements and to provide more water to the Pastor Pump Station and to complete the West Loop Water Line near SH 29 and DB Wood Road. 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 April 2019 PreConstruction Meeting held, submittals under review and T Morales will start with UG electric duct banks & transformer pad work Post Construction Page 21 of 59 Project: Pecan Branch Wastewater Treatment Plant Expansion Project# 3CA Update – July 2018 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 NTP 7/17/17, mini excavator inserted into wetwell to start excavation/sinking of wetwell, equipment and weirs being set in Clarifier basins & pressure testing 16” effluent lines from Clarifiers. T Morales crews running conduit in MCC Room and Chemical Storage area Post Construction Page 22 of 59 Project: San Gabriel Wastewater Treatment Plant – Belt Press Project# 3CP Update – July 2018 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 late 2018 Construction Post Construction Page 23 of 59 Project: Shell Road Waterline Improvements Project# 3CI Update – July 2018 Project Description: This project will consist of approximately 13,500 LF of 16-inch water line and approximately 2300 LF of 12-inch waterline. Purpose: The purpose of this project is to provide secondary feed of water to Sun City. 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 24 of 59 Project: Sun City Elevated Water Storage Tank Project# 2CP Update – July 2018 Project Description: This project will consist of the replacement of the existing .4 million gallon Elevated Water Storage Tank with a 2 million gallon Elevated Water Storage Tank. Purpose: The purpose of this project is to increase elevated water storage in the Sun City 1015 pressure plan from .4 MG to 2MG to meet the demands of the water system in the 1015 pressure plane. 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 March 2019 CET crews onsite. Mock- up Panel poured. First ring is being formed up for concrete pour on 6-29-18 Post Construction Page 25 of 59 Project: Water Tank Rehab - 2018 Project# 2CX Update – July 2018 Project Description: This project involves - Design bidding and general services during construction for the demolition of the steel ground storage tank (GST) and steel lime silo at the Park Water Treatment Plant (WTP), demolition of the Woods GST, and rehabilitation of the 1 MG GST at the Southside WTP; and design Purpose: The purpose of this project is the demolition of the steel structures at the Park WTP and the Woods sites and rehabilitation of the 1 MG GST at the Southside WTP site will be bid so that qualified demolition and tank rehab contractors can bid the project. 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 late Summer 2018. Construction Post Construction Page 26 of 59 Project: Westinghouse Regional Lift Station Project# 3CE Update – July 2018 Project Description: This project will consist of a new wastewater lift station with appurtenant electrical and instrumentation improvements including an emergency generator. Also included will be Stonehedge Lift Station improvements this project will provide electrical improvements at the Stonehedge Lift Station that will allow the use of a portable emergency generator, and the addition of piping improvements including a flow control valve and vault and a new 8-inch force main. Purpose: The purpose of this project is to provide wastewater service for growth and development in the Westinghouse area. Project Manager: Ken Taylor Engineer: CDM Smith Contractor: CC Carlton Phase Start Finish Status / Comments Preliminary Engineering August 2014 October 2014 Complete Final Design October 2014 July 2016 100% complete ROW / Easements August 2014 August 2016 Complete Bid / Award Bid # 201646 September 2016 October 2016 GUS Board 11/11/16 City Council approved 11/22/16 NOA sent 11/23/16 Construction November 2016 August2018 NTP 1/3/17, Crews tied in the Stonhedge lift station to the Dove Springs WWTP forcemain and RotoTork Valve is now in operation. Post Construction August 2018 August 2019 Page 27 of 59 GUS BOARD ITEMS FORWARDED TO COUNCIL June 12 and June 26, 2018 June 12 H Consideration and possible action to exercise an option to renew an agreement with HydroPro Solutions LLC for providing Master Meter water meters and registers for the Advanced Metering Infrastructure system with a not to exceed amount of $1,000,000.00 and to ratify $561,898.00 of previous expenditures for similar purchases from HydroPro Solutions LLC -- Glenn Dishong, Utility Director J Forwarded from Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to renew an agreement with Wesco Distribution, Inc. to provide Honeywell electric meters and related items for the Advanced Metering Infrastructure system in an amount not to exceed $420,000.00 -- Glenn W. Dishong, Utility Director and Rosemary Ledesma, Purchasing Manager June 26 F Forwarded from Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to approve Task Order CDM -18-004 with CDM Smith Inc. of Austin, Texas for professional services related to the Cedar Breaks to Pastor Dedicated Water Line in the amount of $305,000.00 -- Wesley Wright, P.E., Systems Engineering Director M Forwarded from the Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to set a date for a Public Hearing on amendment of Utility Fees for Water and Wastewater -- Glenn W. Dishong, Utility Director ITEM PASSED Page 28 of 59 City of Georgetown, Texas Utility System Advisory Board July 13, 2018 SUBJECT: Indus try Up dates ITEM SUMMARY: FINANCIAL IMPACT: N/A SUBMITTED BY: Page 29 of 59 City of Georgetown, Texas Utility System Advisory Board July 13, 2018 SUBJECT: Review and pos s ible actio n to ap p ro ve the minutes fro m the regular GUS Board meeting held o n June 8, 2018 and the S p ec ial GUS Board meeting held on June 15, 2018. - Sheila K. Mitc hell, GUS Board Liaison ITEM SUMMARY: Bo ard to review, revis e and /or ap p ro ve the minutes fro m the regular GUS Board meeting held o n June 8, 2018 and the S p ec ial GUS Board meeting held on June 15, 2018. FINANCIAL IMPACT: N/A SUBMITTED BY: Sheila K. Mitc hell/GUS Bo ard Liais o n ATTACHMENTS: Description Type GUS June 08 2018 DRAFT Minutes Backup Material GUS June 15 2018 DRAFT Minutes Backup Material Page 30 of 59 Minutes of the Meeting of the Georgetown Utility Systems Advisory Board and the Governing Body of the City of Georgetown, Texas June 8, 2018 at 2:00PM at Georgetown Municipal Complex, 300-1 Industrial Avenue, Georgetown, TX The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participation at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary’s Office, at least three (3) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8th Street for additional information: TTY users route through Relay Texas at 711. Board Members Present: Mike Cunningham – Chair, John Copelan – Vice Chair, Steve Fought, David Maserang, Ed Pastor, Edward Wiley -- Secretary, Arthur Yaeger Board Members Absent: None Staff Members Present: Jim Briggs, Mike Babin, Glenn Dishong, Wesley Wright, Leticia Zavala, Jimmy Sikes, Chris Foster, Michael Hallmark, Leigh Wallace, Chelsea Solomon, Michael Weisner, Sheila Mitchell Others Present: Rex Woods/McCord Engineering, Matthew Garrett/NewGen Strategies, Mark Beauchamp/Utility Financial Solutions, Angie Flores/Raftelis (arrived at 2:18PM) 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 2:00PM 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 Rex Woods/McCord Engineering, Matthew Garrett/NewGen Strategies, Mark Beauchamp/Utility Financial Solutions Employee Recognition -- None submitted at time of posting C. June 2018 GUS Project Updates and May Council Action Wesley Wright, P.E., Systems Engineering Director/Michael Hallmark, CIP Manager Wright gave updates on all projects included in packet. No further discussion. D. Industry Updates Briggs updated board on meeting with Corp of Engineers and Brazos River Authority regarding Lake Georgetown operations and options for retaining excess water in reservoir when available instead of releasing. Feels we are heading in a good direction for options to assist the City of Georgetown, City of Round Rock and Brushy Creek during future summers. We appreciate the new BRA manager, David Collinsworth, for his assistance with these conversations. Copelan asked if there are any water conservation triggers in effect; Briggs stated no triggers to date, however Dishong will continue to monitor water and irrigation schedules as we move through the summer months. Legislative Regular Agenda The Board will individually consider and possibly take action on any or all of the following items: E. Review and possible action to approve the minutes from the Regular GUS Board meeting held on May 11, 2018. – Sheila K. Mitchell, GUS Board Liaison Page 31 of 59 No discussion. Motion by Yaeger, seconded by Copelan to approve the minutes from the Regular GUS Board meeting held on May 11, 2018. Approved 7-0-0 F. Consideration and possible recommendation to approve Task Order CDM-18-004 with CDM Smith, Inc. of Austin, Texas for professional services related to the Cedar Breaks to Pastor Dedicated Water Line in the amount of $305,000.00. – Wesley Wright, P.E., Systems Engineering Director/Michael Hallmark, CIP Manager Wright gave update and overview of project noting increased growth of Western District area, which was already growing when Chisholm Trail Special Utility District (CTSUD) and the city consolidated. He displayed location on map, noting need for dedicated line to serve Western District. Wright stated Task Order is for design portion of water line project. Motion by Pastor, seconded by Copelan to approve Task Order CDM-18-004 with CDM Smith, Inc. of Austin, Texas for professional services related to the Cedar Breaks to Pastor Dedicated Water Line in the amount of $305,000.00 . Approved 7-0-0 G. Consideration and possible recommendation to exercise an option to renew an Agreement with HydroPro Solutions LLC for providing Master Meter water meters and registers for the Advanced Metering Infrastructure system with a not to exceed amount of $1,000,000. – Glenn W. Dishong, Utility Director/Rosemary Ledesma, Purchasing Manager Dishong updated board on purchase of water meters and registers purchased through city’s warehouse. Maserang asked and Dishong explained prices of meters are based on size of meter. He explained meters are compatible with currently used city meters. Some discussion on city vs CTSUD meters. Dishong confirmed purchases are only made when meters fall below minimum stock level. Motion by Maserang, seconded by Copelan to exercise an option to renew an Agreement with HydroPro Solutions LLC for providing Master Meter water meters and registers for the Advanced Metering Infrastructure system with a not to exceed amount of $1,000,000. Approved 7-0-0 H. Consideration and possible recommendation to renew and Agreement with Wesco Distribution, Inc. to provide Honeywell electric meters and related items for the Advanced Metering Infrastructure system in an amount no to exceed $420,000. – Glenn W. Dishong, Utility Director/Rosemary Ledesma, Purchasing Manager Dishong updated board stating this is same type of renewal as previous item regarding water meters, however is for electric meters and AMI infrastructure. Some questions regarding purchase process, amount of item volume used, etc.; Dishong responded to all questions. Motion by Wiley, seconded by Copelan to renew and Agreement with Wesco Distribution, Inc. to provide Honeywell electric meters and related items for the Advanced Metering Infrastructure system in an amount no to exceed $420,000. Approved 7-0-0 I. Discussion and possible recommendation on the FY19 Capital Improvement Plan. – Wesley Wright, P.E., Systems Engineering Director Wright reviewed water and wastewater CIP projects, stating information was included in packet. He noted we are looking at FY19 projects only. He noted each project will be brought forward for approval by the board, as they move along throughout the budget year process. Today we are reviewing overall budget plans for CIP. Some discussion on various projects. Motion by Pastor, seconded by Maserang to recommend approval of the FY19 Capital Improvement Plan. Approved 7- 0-0 J. Consideration and possible recommendation regarding the 2018 Impact Fee study and committee findings. – Chelsea Solomon, Utility Engineer/Christopher Foster, Manager of Resource Planning and Integration Foster introduced Flores with Raftelis. Flores updated board on Impact Fee Committee meetings, which board members were members of committee along with local developers. She reviewed timeline of council dates, proposed public hearings and effective dates. Flores presented details of impact fee rates included in packet. Some discussion amongst board members. Board members agree with Committee’s recommendation. Motion by Wiley, seconded by Copelan to approve recommendation of Impact Fee Committee. Approved 7-0-0 Flores departed meeting after impact fee item. Page 32 of 59 K. Discussion regarding the 2018 Water Services Rate Study. – Christopher Foster, Manager of Resource Planning and Integration (no action required) Foster introduced Matthew Garrett/NewGen Strategies . Garrett gave background of firm, noting they are a national firm specializing in municipal utilities working with electric, water, wastewater and impact fees. Foster noted the need for a special GUS Board meeting to further discuss final findings and the board’s recommendation to Council. Garrett reviewed overall findings of study, noting further details would be presented at proposed special meeting. Some discussion on commercial vs. residential irrigation. No further discussion. Proposed date was approved in following item. (no action required) Yaeger stepped out at 3:11pm and returned at 3:14PM. Wallace stepped out at 3:12pm and returned at 3:13PM L. Consideration and possible action to set a Special GUS Board meeting on Fri day, June 15, 2018. – Christopher Foster, Manager of Resource Planning and Integration Foster proposed date. Time was discussed by board and agreed a quorum would be available. Motion by Pastor, seconded by Wiley to set a Special GUS Board meeting on Friday, June 15, 2018 at 2:00PM. Approved 7-0-0 M. Consideration and possible recommendation regarding proposed changes to the Electric Utility’s connect fees and line extension policy. – Christopher Foster, Manager of Resource Planning and Integration Sikes introduced Rex Woods with McCord Engineering, who has been the city’s engineering firm for at least 30 years. Woods discussed current process and proposed changes to the electric utility connect fees and line extension policy, as provided to the board. Woods noted the last updates were made in 1997 with last review in 2010; no changes made at that time. Some board discussion and questions. Motion by Wiley, seconded by Yaeger to approve the recommended changes to the Electric Utility’s connect fees and line extension policy. Approved 7-0-0 Briggs stepped out at 3:25pm and returned at 3:30pm. Zavala stepped out at 3:25pm and returned at 3:31pm. Motion by Wiley seconded by Copelan to enter into Executive Session at approximately 3:57PM N. EXECUTIVE SESSION In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the item listed below will be discussed in closed session and is subject to action in the regular session. Sec. 551.086 Competitive Matters Consideration, discussion, and possible recommendation on the 2019 Electric Capital Improvement Plan – Wesley Wright, P.E., Systems Engineering Director Sec. 551.086 Competitive Matters Consideration and possible recommendation regarding proposed changes to the Electric Utility’s Rates from the 2018 Rate Study. -- Chris Foster, Manager of Resource Planning & Integration Motion by Pastor, seconded by Wiley to return to regular session. Approved 7-0-0 O. Action from Executive Session - 2019 Electric Capital Improvement Plan (action required) Motion by Yaeger, seconded by Maserang, to approve the 2019 Electric Capital Improvement Plan. Approved 7-0-0 - Electric Utility Rates (action required) Motion by Wiley, seconded by Copelan, to approve the proposed changes (option #2) to the Electric Utility’s Rates from the 2018 Rate Study. Approved 7-0-0 Adjournment Motion by Yaeger, seconded by Maserang to adjourn. Adjourned at 4:48PM Page 33 of 59 __________________________ _____________________________ Mike Cunningham – Chair Edward Wiley – Secretary _________________________________ Sheila K. Mitchell, GUS Board Liaison Page 34 of 59 Minutes of the Meeting of the Georgetown Utility Systems Advisory Board and the Governing Body of the City of Georgetown, Texas June 15, 2018 at 2:00PM at Georgetown Municipal Complex, 300-1 Industrial Avenue, Georgetown, TX The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participation at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary’s Office, at least three (3) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8th Street for additional information: TTY users route through Relay Texas at 711. Board Members Present: John Copelan – Vice Chair, Steve Fought, David Maserang, Ed Pastor, Edward Wiley -- Secretary, Arthur Yaeger Board Members Absent: Mike Cunningham – Chair Staff Members Present: Jim Briggs, Mike Babin, Glenn Dishong, Jimmy Sikes, Chris Foster, Michael Hallmark, Leigh Wallace, Paul Diaz, Michael Weisner, Sheila Mitchell, Tristan Whitmire (joined at 2:04pm), Chelsea Solomon (joined at 2:07pm) Others Present: Chris Ekrut/NewGen Strategies 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 Vice Chair at 2:00PM 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. Legislative Regular Agenda The Board will individually consider and possibly take action on any or all of the following items: B. Consideration and possible recommendation regarding the proposed rates in the 2018 Water Services Rate Study. – Christopher Foster, Manager of Resource Planning and Integration Foster introduced Chris Ekrut with NewGen Strategies. Ekrut presented updated rate study provided for board. Some questions and discussion during presentation. Motion by Wiley, seconded by Pastor to approve the proposed rates in the 2018 Water Services Rate Study. Approved 6-0-1 (Cunningham absent) Adjournment Motion by Fought, seconded by Maserang to adjourn. Adjourned at 2:33PM __________________________ _____________________________ John Copelan – Vice Chair Edward Wiley – Secretary _________________________________ Sheila K. Mitchell, GUS Board Liaison Page 35 of 59 City of Georgetown, Texas Utility System Advisory Board July 13, 2018 SUBJECT: Cons id eration and p o s s ib le rec o mmendation to approve Tas k Ord er CDM-18-005 with CDM S mith Inc. o f Aus tin, Texas fo r professional services related to the San Gabriel Intercep tor Phas e 2 (S GI-2) in the amo unt o f $1,037,700.00 - Wesley Wright, P.E., Sys tems Engineering Direc tor/Michael Hallmark, CIP Manager. ITEM SUMMARY: This projec t is in the mas ter p lan to remove the Smith Branc h Lift Station to acc ommodate c o ntinued growth in the was tewater sys tem. This will s end additional flo w to the c urrently exp anding Pec an Branc h Was tewater Plant. Taking this flo w o ff of Dove S p rings will free up the c apac ity for a large gro wth area in the So utheast Dove S p rings Wastewater Bas in. Design o f the S an Gab riel Interc ep tor Phas e 2 c ons is ts o f the d es ign, b id ding and cons tructio n p hase s ervic es for: ap p ro ximately 7,200 LF o f 48” wastewater intercepto r parallel to Smith Branch and the San Gabriel River fro m the termination of an existing 48” was tewater line to the Inner Lo o p ; a 12.5 mgd lift s tation near the Inner Loop c ros s ing o f the San Gabriel R iver; ap p ro ximately 5,100 LF o f 24” fo rce main from the lift station to FM 971; approximately 1,200 LF of 30” was tewater line along CR 152 from F M 971 to the Pec an Branc h wastewater line. STAFF RECOMMENDATIONS: Staff rec o mmend s executing Task Order CDM-18-005 for p ro fes s io nal s ervic es fo r the San Gabriel Intercepto r Phas e 2 with CDM Smith Inc . of Aus tin, Texas in the amount o f $1,037,700.00 FINANCIAL IMPACT: Funds fo r this exp enditure are bud geted in the Was tewater CIP. S ee attac hed Bud getary & Financ ial Analysis Works heet SUBMITTED BY: Ken Taylor, C IP P ro ject Manager ATTACHMENTS: Description Type SGI-2 Budgetary Works heet Backup Material Tas k Order CDM-18-005 Backup Material SGI-2 Overall Alignment Exhibit Backup Material Page 36 of 59 DATE: PROJECT NAME:6/5/2018 CDM Task Order CDM-18-005-TO Division/Department:Director Approval Prepared By:Ken Taylor, CIP Project Manager Finance Approval TW06/13/2018 TOTAL ANNUAL BUDGET 2,500,000.00 (Current year only) Actual Cost Agenda Total Spent Encumbrance Item & Encumbered % Annual (A) before agenda item (B)(A + B) Budget Consulting 1,037,700.00 1,037,700.00 42% Right of Way 0.00 0% Construction 0.00 0% Other Costs 0.00 0% Total Current Year Costs 0.00 1,037,700.00 Approved GENERAL LEDGER ACCOUNT NUMBER CY Budget 660-9-0581-90-167 2,500,000.00 Total Budget 2,500,000.00 TOTAL PROJECT BUDGET 2,500,000.00 (includes all previous yrs) Prior Years Current Year Total Project % Total Spent/Encumbered Costs Costs Budget Consulting 1,037,700.00 1,037,700.00 42% Right of Way 0.00 0.00 0% Construction 0.00 0.00 0% Other Costs 0.00 0.00 0% Total Project Costs 0.00 1,037,700.00 1,037,700.00 Comments: GUS/Wastewater SGI-2 Wastewater Interceptor# 3CS CIP- Budgetary and Financial Analysis Worksheet Page 37 of 59 TASK ORDER Georgetown – Revised 3.11 EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Attachment 1 – Task Order Form Page 1 of 7 Task Order In accordance with paragraph 1.01 of the Master Services Agreement between Owner and CDM Smith, Inc. (“Engineer”) for Professional Services – Task Order Edition, dated September 30, 2016, ("Agreement"), Owner and Engineer agree as follows: 1. Specific Project Data A. Title: San Gabriel Interceptor Phase 2 (SGI-2) B. Description: The San Gabriel Interceptor Phase 2 (SGI-2) project consists of the design, bidding and construction phase services for: approximately 7,200 LF of 48” wastewater interceptor parallel to Smith Branch and the San Gabriel River from the termination of an existing 48” wastewater line to the Inner Loop; a 12.5 mgd lift station near the Inner Loop crossing of the San Gabriel River; approximately 5,100 LF of 24” force main from the lift station to FM 971; and approximately 1,200 LF of 30” wastewater line along CR 152 from FM 971 to the Pecan Branch wastewater line. C. City of Georgetown Project Number: 3CS D. City of Georgetown General Ledger Account No.: 660-9-0581-90-167 E. City of Georgetown Purchase Order No.: F. Master Services Agreement, Contract Number: 2016-738-MSA 2. Services of Engineer A. Preliminary Engineering Phase. This phase involves determination of project scope, economic and technical evaluation of feasible alternatives, and development of conceptual design and preliminary design. Services during this phase include: 1) Reviewing available data and consulting with the Owner to clarify and define the Owner's requirements for the project. 2) Advising the Owner as to the necessity of providing or obtaining from others additional data or services. These additional services may include photogrammetry, reconnaissance surveys, property surveys, topographic surveys, geotechnical investigations and consultations, compilation of hydrological data, traffic studies, materials engineering, assembly of zoning, deed, and other restrictive land use information, and environmental assessments and impact statements. The project budget includes the following special services: a) Sewage Collection System (SCS) Application Preparation and TCEQ Fee, Task Order No. CDM-18-005-TO, consisting of __7__ pages. Page 38 of 59 TASK ORDER Georgetown – Revised 3.11 EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Attachment 1 – Task Order Form Page 2 of 7 b) Water Pollution Abatement Plan (WPAP) Application Preparation and TCEQ Fee, c) Property and Easement Survey with preparation of easement field notes (budget includes seven permanent and three temporary construction easements) d) Topographic survey, e) Environmental and Archaeological studies required for this type of construction, and f) Geotechnical field investigation and laboratory analysis. 3) Identifying and analyzing requirements of governmental authorities having jurisdiction to approve the design of the project, and participating in consultations with such authorities. a) The project includes coordinating with TCEQ and submitting a pre-construction letter notifying them of the preliminary engineering report and construction documents (plans and specifications), as required, to the TCEQ Plan Review Division for review and approval. b) The project includes submission of a SCS Application and a WPAP Application to the TCEQ for construction of a regulated activity (wastewater line and wastewater lift station) on the Edwards Aquifer Recharge Zone. 4) Providing analyses of the Owner's needs, planning surveys, and comparative evaluations of prospective sites and solutions. 5) Consulting with the Owner, reviewing preliminary reports, clarifying and defining the project requirements, reviewing available data, and discussing general scheduling. Conferences may also be required with approving and regulatory governmental agencies and affected utilities. 6) Advising the Owner as to whether additional data or services are required, and assisting the Owner in obtaining such data and services. 7) Preparing conceptual design documents consisting of final design criteria, preliminary drawings, outline of specifications, and written descriptions of the project. A maximum of five copies will be provided to the Owner for review. 8) Preparing revised opinions of probable total project costs based on the conceptual design. 9) Preparing preliminary design documents, including preliminary engineering report, if necessary, drawings and specifications. B. Design Phase. The basic services for the final design phase includes: 1) Preparing construction drawings and specifications showing the character and extent of the project. 2) Preparing and furnishing to the Owner a revised opinion of probable total project costs based on the final drawings. 3) Furnishing the necessary engineering data required to apply for regulatory permits from local, state, or federal authorities. This is distinguished from and does not include detailed applications and supporting documents for government grant-in-aid or planning grants that would be furnished as additional services. Page 39 of 59 TASK ORDER Georgetown – Revised 3.11 EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Attachment 1 – Task Order Form Page 3 of 7 4) Preparing basic documents related to construction contracts for review and approval by the Owner (and the Owner's legal and other advisors). These may include contract agreement forms, general conditions and supplementary conditions, invitations to bid, instructions to bidders, insurance and bonding requirements, and preparation of other contract-related documents. 5) Furnishing to the Owner a maximum of five copies of drawings, specifications, and other contract documents. C. Bidding Phase. Services under this phase include: 1) Assisting the Owner in obtaining bids for the prime construction contracts, attending pre-bid conferences, and preparing and issuing bidding documents. The project will be bid as two contracts, one for the lift station and one for the pipelines. 2) Issuing addenda as appropriate to interpret, clarify, or expand the bidding documents. 3) Assisting the Owner in determining the qualifications and acceptability of prospective constructors, subcontractors, and suppliers. 4) When substitution prior to the award of contracts is allowed by the bidding documents, consultation with and advising the Owner as to the acceptability of alternate materials and equipment proposed by the prospective constructors. 5). Providing assistance to the Owner in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment, and services. D. Construction Phase. Services under this phase involve consulting with and advising the Owner during construction and are limited to those services associated with performing as the Owner's representative. Such services comprise: 1) Preparing for and conducting a preconstruction conference and issuing a Notice to Proceed on behalf of the Owner. 2) Reviewing shop and erection drawings submitted by the constructors for compliance with design concepts. 3) Reviewing laboratory, shop, and mill test reports on materials and equipment. 4) Visiting the project site monthly as construction proceeds to observe and report on the progress and the quality of the executed work and as required by the progress of the work. 5) Issuing necessary interpretations and clarifications of contract documents, preparing change orders requiring special inspections and testing of the work, and making recommendations as to the acceptability of the work. 6) Preparing sketches required to resolve problems due to actual field conditions encountered. 7) Determining amounts of progress payments due, based on degree of completion of the work, and recommending issuance of such payments by the Owner. 8) Preparing record drawings from information submitted by the Contractor. Page 40 of 59 TASK ORDER Georgetown – Revised 3.11 EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Attachment 1 – Task Order Form Page 4 of 7 9) Making a final inspection and reporting on completion of the project, including recommendations concerning final payments to constructors and release of retained percentage. 3. Owner's Responsibilities Owner shall have those responsibilities set forth in the Agreement subject to the following: 1) Designate a person to act as Owner’s representative with respect to the services to be performed or furnished by the Engineer. This representative will have authority to transmit instructions, receive information, interpret and define Owner’s policies and decisions with respect to Engineer’s services. B. Provide all criteria and full information as to Owner’s requirements for the project, including objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and furnish copies of all design and construction standards which Owner will require to be included in the Project Drawings and Specifications. C. Assist Engineer by placing all available information pertinent to the Project, including previous reports and any other data relative to the design or construction of the Project at the Engineer’s disposal. D. Furnish to Engineer, as requested for performance of basic services or as required by the Contract Documents, the following: 1) Data prepared by or services of others, including without limitation explorations and tests of subsurface conditions at or contiguous to the site, drawings of physical conditions in or relating to existing surface of subsurface structures at or contiguous to the site; 2) The services of an independent testing laboratory to perform all inspections, test and approvals of samples, materials and equipment; 3) Environmental assessments, audits, investigations and impact statements, and other relevant environmental or cultural studies as to the Project, the site and adjacent areas; 4) Arrange for access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under this Task Order; 5) Examine all alternate solutions, studies, reports, sketches, proposals and other documents presented by Engineer; 6) Provide such accounting, bond and financial advisory, independent cost estimating and insurance counseling services and such legal services as Owner may require or Engineer may reasonably request with regard to legal issues pertaining to the Project; 7) Provide labor and safety equipment to open electrical/instrumentation cabinets, open and protect manholes and/or to operate valves and hydrants as required by the Engineer; and 8) Give prompt notice to Engineer whenever Owner observes or otherwise becomes aware of any development that affects the scope or time of performance or furnishing of Engineer’s services, or any defect or nonconformance in Engineer’s services in the work of any Contractor. 4. Times for Rendering Services Page 41 of 59 TASK ORDER Georgetown – Revised 3.11 EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Attachment 1 – Task Order Form Page 5 of 7 Phase Completion Date Preliminary Engineering December 1, 2018 Final Design June 1, 2019 Bidding Phase September 1, 2019 Construction Phase December 1, 2020 5. Payments to Engineer A. Owner shall pay Engineer for services rendered as follows: Category of Services Compensation Method Lump Sum or Not to Exceed Amount of Compensation for Services Basic Services Preliminary Engineering Phase Final Design Phase Bidding Phase Construction Phase Total Basic Services Lump Sum Lump Sum Lump Sum Lump Sum $225,300 $337,900 $ 52,900 $311,000 $927,100 Special Services Topographic/Easement Surveying Geotechnical Engineering Environmental & Archaeological TCEQ SCS and WPAP Application &Fee Total Special Service Total Task Order Amount Lump Sum Lump Sum Lump Sum Lump Sum $ 49,000 $ 22,500 $ 12,500 $ 26,600 $110,600 $1,037,700 B. The terms of payment are set forth in Article 4 of the Agreement unless modified in this Task Order. 6. Consultants: Surveying – Inland Geodetics Geotecnical – Kohutek Engineering and Testing Environmental/Archaeological – aci Consulting Page 42 of 59 TASK ORDER Georgetown – Revised 3.11 EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Attachment 1 – Task Order Form Page 6 of 7 7. Other Modifications to Agreement: None 8. Attachments: None 9. Documents Incorporated By Reference: The Agreement effective September 30, 2016. Terms and Conditions: Execution of this Task Order by Owner and Engineer shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. The Effective Date of this Task Order is , 20 . OWNER: ENGINEER: By: By: Name: Dale Ross Name: Allen Woelke, P.E. Title: Mayor, City of Georgetown Title: Vice President Engineer License or Firm’s Certificate No. F-3043 State of: Texas Date: Date: ATTEST: ____________________________________ Shelley Nowling, City Secretary APPROVED AS TO FORM: _________________________________________ City Attorney Page 43 of 59 TASK ORDER Georgetown – Revised 3.11 EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Attachment 1 – Task Order Form Page 7 of 7 DESIGNATED REPRESENTATIVE FOR TASK ORDER: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Ken Taylor Name: Allen Woelke Title: Project Manager Title: Vice President Address: 300-1 Industrial Ave. Georgetown, TX 78626 Address: 9430 Research Blvd Suite 1-200 Austin, TX 78759 E-Mail Address: ken.taylor@georgetown.org E-Mail Address: woelkead@cdmsmith.com Phone: 512-930-8147 Phone: 512-346-1100 Fax: Fax: 512-345-1483 Page 44 of 59 SGI-2 Wastewater Project Alignment of 48" W W , Lift Station and 24" Forc e Main Legend SGI-2 Force Main SGI-2 W astewater Project-Gravity Line 1 mi N ➤➤ N © 2018 Google © 2018 Google © 2018 Google Page 45 of 59 City of Georgetown, Texas Utility System Advisory Board July 13, 2018 SUBJECT: Cons id eration and p o s s ib le rec o mmendation to approve the First Amend ment inc reas ing the contrac t amo unt b y $200,000 to the Agreement with Els ter S o lutio ns LLC to p ro vide EnergyAxis AMI water mo d ules and related items for the Advanc ed Metering Infrastruc ture sys tem in a total amount no t to exc eed $376,078. – Mike Stas ny, Technic al Servic es Manager/Glenn W. Disho ng, Utility Direc tor ITEM SUMMARY: Amend ment of the c o ntract is to inc reas e the c o ntract amo unt of a s o le s o urc e annual p urc hase agreement to Els ter Solutions LLC “Honeywell” fo r c o ntinuo us s upply o f Ho neywell water mo d ules and related items o n an as need ed bas is through the end o f the c o ntract term o n Sep temb er 30, 2018. On January 23, 2018 the Counc il ap p ro ved an amo unt no t-to -exc eed o f $176,078 for these parts . This actio n will ap p ro ve a revised annual no t-to -exc eed c o ntract amount o f $376,078. Elster S o lutio ns installed AMI c o mp atible water meters and water modules manufac tured by Ho neywell for the City’s Ad vanced Metering Infras tructure (AMI) s ys tem in 2010. The water p ro duc ts manufac tured b y Honeywell are proprietary p arts to the AMI s ys tem. Ho neywell is the manufac turer and the s ole autho rized d is tributor o f Honeywell water mo d ules in the State o f Texas. COMMENTS: The Loc al Go vernment Co d e, Sec tion 252.022, (7) (A) approves exemp tio n fro m c o mp etitive b id d ing laws fo r proc urement of items availab le from o nly one s o urc e bec ause of p atents, c o p yrights , s ec ret p ro cesses , o r natural monopolies . STAFF RECOMMENDATION: Staff rec o mmends ap p ro val o f the First Amend ment increas ing the c o ntrac t amo unt b y $200,000 to the Agreement with Elster S o lutio ns LLC to p ro vide EnergyAxis AMI water mo d ules and related items fo r the Advanc ed Metering Infrastruc ture sys tem in a total amount no t to exc eed $376,078. FINANCIAL IMPACT: Total annual c os t is not to exceed $376,078 fo r thes e p arts. SUBMITTED BY: Mike Stas ny, Tec hnical Services Manager and Glenn Dis hong, Utility Direc to r (s km) ATTACHMENTS: Description Type Els ter Agreement Backup Material Firs t Amendment Backup Material Page 46 of 59 18 -0020 -GC Sole Source Contract No. Project No. Bid No.RFP No. BNew Contract Renewal Change Order Amendment Assignment Other NAME OF CONTRACTOR; Elster Solutions LLC Water meter Modules and 3" and 4' water meters CONTRACT DESCRIPTION: CONTRACT VALUE: $176,078.00 GL ACCOUNT No: 610-5-0524-51-530,660-5-0528-52-147 GRANT FUNDED: 8NO DYES If YES, Grant No. SIGNATURES RECOMMENDING APPROVAL PU LEGAL DEPARTMENT RDINATOR DIRECTOR ADMINISTERING CONTRACT greater than $10,000) APPROVED and EXECUTED DIRECTOR ADMINISTERING CONTRACT 10,000 or less) CITY MANAGER/A ST CITY MANAGER 50,000 nt& MAYOR/CITY SECRETARY ATTESTS (if applicable) 3• I DATE DATE S= l DATE DATE DATE v3 DATE FINAL PURCHASING fDATE for Purchasing Use Only Insurance Certificates: 41 Performance Bond: i14/t Payment Bond: IVIA Form 1295: For City Secretary Use Only Originals sent to CSO: Scanned into Laserfiche/Global: Council Date:1-2;-i6 Item No.: Page 47 of 59 Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523 CERTIFICATE OF INTERESTED PARTIES FORM 1295 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 Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-309635 Elster Solutions LLC Raleigh, NC United States Date t=iled: 02/05/20182NameofgovernmentalentityorstateagencythatisapartytothecontractForwhichtheformis being filed. City of Georgetown Date Acknowledged: 02/05/2018 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. 18 -0020 -GC Water Meter/Module Equip 4 Nature of interest Name of Interested Party City, State, Country (place of business) check applicable) Controlling I intermediary North elimIlIns G Countybk.1-N(t-.A O r ffc or fl<a my nd State, doh by certify t1iS at LAj—personally rape ared befo—r—ei ne this day and acknowledged the due executl on of the forgoogomenIffaftfriumefi eiss my balid an d o a sea], day of UM -14 HIA p 0 AVBLtG 5 Y Check only if there is NO Interested Party. s My co Jn EXp : G ireSi/,Y0 •, 6 UNSWORN DECLARATION Ii f 11 l (11111, AA `` My name is ' /VC t T and my date of is y l J n qI AMyaddressis2 d J . [ P l L %_1`' 4/:, / "/. -L street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in 4A /w County, State of on the day of r, 20 . month) (year) Signa ure of auth rized agent of contracting business entity 6eclaranl) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523 Page 48 of 59 AGREEMENT BETWEEN THE CITY OF GEORGETOWN ("City") AND ELSTER SOLUTIONS, LLC ("Elster") for Supply of Honeywell Water Modules and Related Items for City's Advanced Metering Infrastructure (AMI) System Contract No. 18 -0020 -GC This General Supply Agreement ("Agreement") is by and between Elster Solutions, LLC ("Elster"), having offices at 208 S. Rogers Lane, Raleigh, NC 27610 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"). Elster and the City may be referred to herein individually as a "Party" and collectively, as the "Parties." t R It ' 1 •'.11 ! • • 1 • • a t .. It . 1 4 • 11 1 .. t ! - t 1 • f • t 1 1' .+. '11'1 !• tl' 1 !' • '! ! 1 a .a.1 1 1' • y 1 • a 1' •a 1.1.1 This Agreement Summary Page; 1.1.2 Exhibit 1, Terms and Conditions; and 1.1.3 Exhibit 2, Supplemental Terms and Conditions. 1.2 Consideration. In consideration for the goods and/or services provided under this Agreement, Elster shall be paid a total not to exceed amount of $176,078 in accordance with this Agreement. Payment for goods provided shall be made, in accordance with the Price List inserted below, pursuant to the Section T of the Terms and Conditions attached hereto as Exhibit A. 1.3 Price List NCity Part, Description Number jlHoneyPart Part # Each Price 345413 3" Water MetersEVOQ 4AM1 Ready 25' Nicor conn Elster Protocol Mod 2,138.00 345414 4" Water MetersEVOQ 4AM1 Ready 25' Nicor conn Elster Protocol Mod 2,316.10 345400 Water Modules Ip 6811c 105.50 0d"p3fgq, PIAav,$ 9, r:} caf'y vglkwater modules Page 1 of 9 and related items Page 49 of 59 1.4 The term of this Agreement shall begin on the Effective Date and end on September 30, 2018. 1.5 This Agreement (including any Exhibits) constitutes the entire and integrated agreement between the City and Elster and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement 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 Agreement on the date set forth below. ELSTER SOLUTIONS, LLC Signature Printed Name Title 2 - 0-'J9 Date 0d 6qg fggyhPlpwk, EQQWfqr,bpAqMgl§water modules and related items CITY OF GEORGETOWN B: A C'& 6" Dale Ross, Mayor a1 51-q Date Acwroved as m: Charlie McNabb, City Attorney Q\5 0 Date Page 2 of 9 Page 50 of 59 Exhibit 1 TERMS AND CONDITIONS A. ADVERTISING and PUBLICITY Vendor shall not advertise or otherwise publicize, without the City's prior written consent, the fact that the City has entered into the Agreement, except to the extent required by applicable law. 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. 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. In the event of default by the City, the Vendor 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 City, within such ten (10) day period cures such default, or provides evidence sufficient to prove to the Vendor's satisfaction that such default does not, in fact, exist. Subject to the limitations set forth in Section O hereof, in addition to any other remedies available under law or in equity, a party shall be entitled to recover all actual damages, costs, losses and expenses it incurs as a result of the other partys default, including without limitation, cost of cover, reasonable attorneys' fees, court costs and prejudgment and post -judgment interest at the maximum lawful rate. 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 for all goods delivered and obligations by Vendor 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 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. CLAIMS If a claim, demand, suit or other action is asserted against the Vendor which arises under or concerns the Agreement, or which could have a material adverse effect on the Vendor's ability to perform thereunder, the Vendor shall give written notice to the City within ten (10) calendar days after receipt of notice by the Vendor. Such notice to the City shall state the date of notification of any such claim, demand, suit or other action; the names and address of the claimant(s); the basis thereof; and the name of each person against whom such claim is asserted. Such notice shall be delivered to the Purchasing Department as set forth below and to the City Attorney at PO Box 409, Georgetown, TX 78627, 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. 00QAWt!gptPpWJ$AQWs$gfqr,i y}wglkwater modules Page 3 of 9 and related items Page 51 of 59 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 timely pay any fees or taxes owed to the City, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States, or (d) makes a material misrepresentation in Vendor's quote, or in any report or deliverable required to be submitted by Vendor to the City. 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 panty 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 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 THIRD PARTY CLAIMS, SUITS, ACTIONS, LEGAL PROCEEDINGS, CAUSES OF ACTION, 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 TO THE EXTENT RESULTING FROM DEFECTS IN MATERIAL OR WORKMANSHIP OF VENDOR PROVIDED GOODS, OR VENDOR PROVIDED SERVICES NOT PERFORMED IN A GOOD AND WORKMANLIKE MANNER. 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 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 and via legal counsel mutually agreed to by the Parties, defend, indemnify and hold the City harmless from and against all liability, damages and costs (including court costs and reasonable fees of attorneys arising out of or resulting from: (a) any claim that the City's ownership, and if applicable, license rights, and its use of the deliverable infringes the intellectual property rights of any third party. In the event of any such claim, the City shall have the right to monitor such claim or, at ooQA9%tpr,tPIAavJ, n99W fqr gyuvQlgwater modules Page 4 of 9 and related items Page 52 of 59 its option and expense, engage its own separate counsel to act on the City's behalf. L. INSURANCE REQUIREMENTS Upon request, Vendor shall provide a copy of its proof of insurance 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; LIMITATION OF LIABILITY Vendor hereby releases, relinquishes, and discharges the City, its officers, agents and employees from all third party claims, demands and causes of action to the extent caused by or alleged to have been caused by, or arising out of negligence of the Vendor, whether orinot 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. IN NO EVENT WILL VENDOR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, STATUTORY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF REVENUES OR LOSS OF USE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM VENDOR'S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY OF THE CONTRACT DOCUMENTS, OR THE FURNISHING, PERFORMANCE, OR USE OF ANY GOODS, SOFTWARE, OR SERVICES SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF VENDOR), BY OPERATION OF LAW OR OTHERWISE. THE AGGREGATE LIABILITY OF VENDOR FOR ANY CLAIMS ARISING OUT OF OR RELATED TO ANY OF THE CONTRACT DOCUMENTS WILL IN NO CASE EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE SPECIFIC PRODUCT, SOFTWARE, OR SERVICE GIVING RISE TO THE CLAIM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS IF LIABILITY ARISES FROM BREACH OF CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), BY OPERATION OF LAW, OR OTHERWISE. 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 oo6eAMEq(q t PIAwA$&QW fgrjkqWytNglkwater modules Page 5 of 9 and related items Page 53 of 59 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 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. 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, 7X 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 Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the later of the date the City received the goods under this Agreement,or the date the City received an invoice for the goods. 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 initial term of the Agreement and resulting Purchase Order. 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.. 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 provision. 00Qpgdfgr,t Npwj. &QWs$Afqr, y vgIAwater modules Page 6 of 9 and related items ' Page 54 of 59 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 orjurisdiction. 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 State or Federal 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 in writing signed by the aggrieved party. No waiver by either the Vendor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Agreement, or an express or implied acceptance of any other existing or future default(s), whether of similar or different character. ooQAV3fgrvt NpWJ$>Q9W$AfgrkJp1Wy vgl$water modules Page 7 of 9 and related items Page 55 of 59 Exhibit 2 Supplemental Purchase Terms and Conditions A. 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 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 5.1. Vendor warrants that goods shall be delivered free of defects in material and workmanship. The warranty remedy period for goods shall end twelve (12) months after installation or eighteen (18) months after date of shipment, whichever first occurs. Goods are defined as products manufactured by Vendor (meters, modules, equipment, etc.), including but not limited to: electric/smart meters, gatekeepers, routers, repeaters, water modules, gas modules, IP AxisLink devices, AGI nodes, mobile interrogators, VID's, handheld meter reading units, optical probes as well as components not manufactured by Vendor but incorporated into the goods. All products repaired or replaced, if any, are warranted only for the remaining and unexpired portion of the original warranty period. If the manufacturer's warranty exceeds twelve (12) months, then the manufacturer's warranty shall be in effect. Vendor shall furnish a copy of the manufacturer's warranty at the time of delivery. 5.2. In no event shall Vendor be responsible for gaining access to the goods, disassembly, reassembly or transportation of the goods or parts from or to the place of installation, all of which shall be at the City's risk and expense. Vendor shall have no obligation hereunder with respect to any goods which (i) have been improperly repaired or altered; (ii) have been subjected to misuse, negligence or accident; (iii) have been damaged due to forces of nature; (iv) have been used in a manner contrary to Vendor's instructions; or (v) are comprised of materials provided by or a design specified by the City. 5.3. The foregoing warranties are exclusive and in lieu of all other warranties of quality and performance, whether written, oral or implied, and all other warranties including any implied warranties of merchantability or fitness for a particular purpose, non -infringement or usage of trade are hereby disclaimed. The remedies stated herein constitute client's exclusive remedies and Vendor's entire liability for any breach of warranty. 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. B. 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 00QpWfgq water modules Page 8 of 9 and related items Page 56 of 59 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. 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 littp://georgetown.org/contact-us/holiday-schedulefor schedule). Receipt of goods or materials does not signify acceptance. If goods are delivered to the incorrect location, Vendor is responsible for all expenses associated delivering items to their correct destination. 5. No Shipment Under Reservation: Vendor is not authorized to ship deliverables under reservation and no tender of bill of lading will operate as a tender of deliverables. 6. Title/Risk Of Loss: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables (no delivery, no sale). 7. Right Of Inspection And Rejection: The City expressly reserves all rights under law, including but not limited to, the Uniform Commercial Code, to inspect the deliverables at delivery or at a reasonable time subsequent to delivery, and to reject defective or non -conforming deliverables within 30 days of receipt of the goods. The Vendor will be notified if the goods or services are not in compliance with the required specifications. If any goods or services are rejected as non-compliant, the required goods or services maybe procured from an alternate source.. If the City has the right to inspect the Vendor's or the Vendor's subcontractors facilities, or the deliverables at the Vendor's -or the Vendor's subcontractors premises, the Vendor shall furnish or shall cause to be furnished 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. C. 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. 10d"l%fggt NpVV "QZQ,sCpL fqgk_igMypqlgwater modules Page 9 of 9 and related items Page 57 of 59 {00009888 / v3 / SMASSON / WATER / ELSTER / 07/05/2018} 1 Amendment No. 1 to the Agreement between Elster Solutions LLC and the City of Georgetown, Texas This is the First Amendment (“Amendment) to the Agreement between Elster Solutions LLC and the City of Georgetown, Texas entered into on _______________________, for supply of Honeywell Water Modules and related items for the City’s Advanced Metering Infrastructure (AMI) System (“Agreement”). WHEREAS, on February 15, 2018, the City and Elster entered into the Agreement with a not-to- exceed amount of $176,078.00; WHEREAS, the City and Elster desire to amend the Agreement to increase the not-to-exceed amount by $200,000.00 to ensure adequate supply for increased growth in the City; 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 Elster agree as follows: 1. Section 1.2 of the Agreement is deleted in its entirety and replaced with the following: In consideration for the goods and/or services provided under this Agreement, Elster shall be paid a total not to exceed amount of $376,078.00 in accordance with this Agreement. Payment for goods provided shall be made, in accordance with the Price List inserted below, pursuant to the Section T of the Terms and Conditions attached hereto as Exhibit A. 2. 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. 3. 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 58 of 59 {00009888 / v3 / SMASSON / WATER / ELSTER / 07/05/2018} 2 ELSTER SOLUTIONS, LLC CITY OF GEORGETOWN By: By: Printed Name:__________________________________ Authorized Representative Title:____________________________________ Date:____________________________________ Mayor Date:__________________________________ Approved as to Form: ______________________________________ Charlie McNabb, City Attorney Attest: ______________________________________ Shelley Nowling, City Secretary. Page 59 of 59