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Agenda_GUS_09.14.2018
Notice of Meeting for the Georgetown Utility System Adv isory Board and the Gov erning Body of the City of Georgetown September 14, 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. REVISED AGENDA 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 -- No ne s ubmitted at time of p o s ting C Sep tember 2018 GUS Board Updates and Augus t Co uncil Actio ns Wesley Wright, P.E., Sys tems Engineering Direc tor/Michael Hallmark, CIP Manager D Ind ustry Up d ates Legislativ e Regular Agenda E Review and p o s s ib le ac tion to approve the minutes from the regular GUS Bo ard meeting held on Augus t 10, 2018. - S heila K. Mitchell, GUS Board Liais o n F Co nsideration and p o s s ib le rec o mmendation to ap p ro ve an Agreement fo r purc has e with Elster So lutions , LLC, to provid e EnergyAxis AMI water modules and related items fo r the Ad vanced Metering Infras tructure s ys tem in an amo unt no t-to-exc eed $800,000. – Mike Stas ny, Tec hnical S ervic es Manager and Ro s emary Led es ma, Purchas ing Manager G Co nsideration and p o s s ib le rec o mmendatio n to p ro cure c o nsulting s ervic es with Neil Mc And rews and As s o ciates fo r Res ource P rice R is k Management. – Christo p her Fo s ter, Manager o f Resource Planning and Integratio n H Co nsideration and possible rec ommend ation to renew the Brush Trimming and Removal Services to Page 1 of 125 Austex Tree Service, Inc., o f Ro und Ro ck, Texas in the es timated amo unt of $270,000.00. -- Glenn W. Dis hong, Utility Directo r I Co nsideration and p o s s ib le rec o mmendation to ap p ro ve the proc urement renewal of LED Street Light ITB No . 201738, Typ e 2 to Ringd ale Inc. o f Geo rgeto wn, Texas in the estimated amount o f $25,000.00. – Glenn W. Dis hong, Utility Direc tor J Co nsideration and possible recommendatio n to continue utilizing the annual agreement for LCRA Material Acquis itio n to p urc hase electric d is tributio n, fiber, water, safety, and s ub s tatio n materials, hard ware, and to o ls for F Y 2018-2019 fro m Techline Ltd. under their c o ntract with the Lo wer Colorado River Authority (“LCRA”) Elec tric Material Ac q uisitio n P ro gram in the no t to exc eed amo unt o f $4,500,000.00. -- Wes ley Wright, P.E., Sys tems Engineering Director K Co nsideration and possible recommendatio n to renew the contrac t fo r lab o r s ervices fo r Electric Sys tem Overhead C o ns truc tion and Maintenanc e to Tec hline Co nstruc tion, LLC of Aus tin, Texas , in the no t to exceed amount of $2,000,000.00. -- Wes ley Wright, P.E., S ystems Engineering Directo r L Co nsideration and possible recommendatio n to ap p ro ve annual task ord ers : Tas k Ord er MEI-19-001 for Electric Sys tem & P lanned Cap ital Imp rovement P ro jects in the not to exc eed amount of $460,000.00, Tas k Order MEI-19-002 for Elec tric System Engineering P lanning and Engineering Assistanc e in the no t to exceed amount of $250,000.00 and Task o rd er MEI-19-003 fo r New Development Engineering and Des ign As s is tance in the not to exceed amo unt of $590,000.00 with McCo rd Engineering, Inc ., of College Statio n, Texas , fo r professional engineering s ervic es . -- Wesley Wright, P.E., Sys tems Engineering Directo r M Co nsideration and possible recommendatio n to ap p ro ve a c o ntract amendment with Archer Western Co nstruc tio n, LLC . o f Irving, Texas for the Pas to r P ump Station Impro vements in the amount of $87,909.00. - Wes ley Wright, P.E., Systems Engineering Directo r/Mic hael Hallmark, CIP Manager N Co nsideration and possib le rec o mmendatio n to approve the purchas e o f Bioxid e fro m Evoqua Water Technologies LLC o f S aras o ta, Florid a, in an amo unt no t to exceed $85,000.00, fo r Fisc al Year 2018/2019. -- David W. Tho mis o n, Water Services Manager O Co nsideration and possible recommendatio n to award a c o ntract for Was tewater Treatment Plant laborato ry s ervices fo r the regulatory tes ting to P o llutio n Control Servic es (P CS ), o f Univers al City, Texas, in an es timated amount of $74,508.00. – David W. Thomison, Water S ervic es Manager P Co nsideration and possible recommendatio n to ap p ro ve the proc urement renewal fo r Water and Wastewater Treatment P lant c hemic al’s to Brenntag S o uthwes t, Inc., in an es timated amo unt o f $348,157.60. – David Tho mis o n, Water Servic es Manager Q Co nsideration and possible recommendatio n to renew the agreement with S heridan Enviro nmental fo r slud ge and bio-s olids trans p o rt and d is pos al s ervic es for an es timated amo unt o f $530,000.00. – David Tho mis on, Water Services Manager R Co nsideration and possible recommendatio n to ap p ro ve a c o ntract with Leopold, a s ubsidiary of Xylem, Inc. from Zelienople, PA for the replac ement o f the Lake Water Treatment P lant filter number fo ur in the approximate amount of $56,269.00. -- David W. Tho mis o n, Water Servic es Manager 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 Page 2 of 125 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 3 of 125 City of Georgetown, Texas Utility System Advisory Board September 14, 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 4 of 125 City of Georgetown, Texas Utility System Advisory Board September 14, 2018 SUBJECT: Septemb er 2018 GUS Bo ard Up d ates and Augus t Counc il Ac tions Wes ley Wright, P.E., S ystems Engineering Direc to r/Mic hael Hallmark, CIP Manager ITEM SUMMARY: Airport GST Rehab. Tank is bac k in s ervic e and rehab is c o mp lete. All p unch list items have been c o rrected . Es tablis hing gras s. 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 in Late May or Early June. The report find ings sup p o rt original evaluatio n, that environmentally and projec t imp act will be the leas t imp actful to the park and sp rings if the original gravity route is fo llo wed. There will be s ome d is ruptio n to the trail within the park but o verall the route and impac t will not negatively impac t s pring o p erations , now or in the future. Braun Elevated Storage Tank (EST) PreBid Meeting 9/11/18 with Bid Opening 9/25/18 for a 3.0 MG comp o s ite Elevated Sto rage 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, preliminary s taking started 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 Pump S tatio n o n line with Sub s tantial C o mp letion, contrac tor working Punc hLis t 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 late 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. Submittals being p ro cessed Mission Oaks Offsite Water Line In Des ign Phas e estimated to Bid late s ummer o f 2018 Park Lift Station Tas k Order recommend ed by GUS 2/10/17& ap p ro ved b y City Co unc il 2/18/17. 100% Des ign 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 hutdown for d is charge p ip e wo rk o n Page 5 of 125 ho ld until emergency pump ing options c an b e reviewed & electric UG/Trans former p ad wo rk started Pecan Branch WWTP NTP 7/17/17, Electric s hutdown comp leted s o c o nducto rs c o uld be ups ized. S etting steel on slud ge handling fo und ation Ronald Reagan Water Line KPA Tas k Ord er approved by GUS Board & City Counc il on 8/28/18 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 All c onc rete pours for the sup p o rt co lumn have b een completed . Do me panels to be s et. Steel crew exp ec ted to b e ons ite mid Sep tember. 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, Station running in automatic with only o ne Punc h List item remaining at Sto nehed ge August Council Action -- attached FINANCIAL IMPACT: N/A SUBMITTED BY: Wes ley Wright, P.E., S ystems Engineering Direc to r/Mic hael Hallmark, CIP Manager ATTACHMENTS: Description Type September 2018 GUS Updates Cover Memo Augus t Council Action Backup Material Page 6 of 125 GUS Item Update Coversheet September 2018 Airport GST Rehab. Tank is back in service and rehab is complete. All punch list items have been corrected. Establishing grass. 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) PreBid Meeting 9/11/18 with Bid Opening 9/25/18 for a 3.0 MG composite Elevated Storage Cedar Breaks to Pastor Dedicated Water Line Task Order approved by GUS Board on 6/6/18 & City Council on 6/26/18, preliminary staking started 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 Pump Station on line with Substantial Completion, contractor working PunchList 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 7 of 125 Lake WTP Chemical Storage Improvements Task Order approved by GUS Board 12/8/17 & City Council 12/12/17. Tentatively out for Bid late Summer 2018 Lake WTP Raw Water Intake & Pump Station Improvements Recommendation of Award given to Huffman Contractors, approved by City Council 5/22/18. Submittals being processed 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, shutdown for discharge pipe work on hold until emergency pumping options can be reviewed & electric UG/Transformer pad work started Pecan Branch WWTP NTP 7/17/17, Electric shutdown completed so conductors could be upsized. Setting steel on sludge handling foundation Ronal Reagan Water Line KPA Task Order approved by GUS Board & City Council on 8/28/18 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 All concrete pours for the support column have been completed. Dome panels to be set. Steel crew expected to be onsite mid September. Page 8 of 125 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 Westinghouse Regional Lift Station NTP 1/3/17, Station running in automatic with only one Punch List item remaining at Stonehedge Page 9 of 125 Project: Airport GST Rehab Project# 2CQ Update – September 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 Tank is back in service. All Punch list items are complete. Establishing grass. Post Construction Page 10 of 125 Page 11 of 125 Project: Berry Creek Wastewater Interceptor Project# 3CJ Update – September 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 12 of 125 Project: Berry Creek Wastewater Interceptor Phase 1,2, &3 Project# Update – September 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 13 of 125 Project: Braun EST Project# 2JG Update – September 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 PreBid Meeting 9/11/18 with Bid Opening 9/25/18 Construction December ‘18 Post Construction Page 14 of 125 Project: Cedar Breaks EST – Pastor 24 Inch Dedicated Water Line Project# 2JI Update – September 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 Preliminary Survey work starting ROW / Easements July 2018 November 2018 Bid / Award Bid # January 2019 February 2019 Construction June 2019 Post Construction Page 15 of 125 Project: County Road 255 Waterline Improvements Project# 2JE Update –September 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 16 of 125 Project: Domel Pump Station Improvements Project# 2JF Update – September 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 Pump Station on line with Substantial Completion, contractor working PunchList Post Construction Page 17 of 125 Project: EARZ 2018 – Area 1 Project# 3CQ Update – September 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: Chris Pousson 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 September 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 18 of 125 Project: Lake WTP – Chemical Storage Improvements Project# 2CW Update – September 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 2018 September 2018 Tentatively out for Bid Summer 2018. Construction Post Construction Page 19 of 125 Project: Lake Water Treatment Plant Raw Water Intake & Pump Station Maintenance Improvements Project# 2CU Update – September 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 Submittals being processed Construction Fall 2018 NTP issued 6/25/18 Post Construction Page 20 of 125 Project: Mission Oaks Offsite Water Line Project# 2JK Update – September 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 21 of 125 Project: San Gabriel Park Lift Station Improvements Project# 3CN Update – September 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 90% Plans under review by Staff TCEQ variance under review ROW / Easements N/A N/A Bid / Award Bid # Bid late Summer of 2018 Construction Post Construction Page 22 of 125 Project: Pastor Pump Station Project# 2BZ Update – September 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 Shutdown for discharge pipe work on hold until emergency pumping options can be reviewed & electric UG/Transformer pad work started Post Construction Page 23 of 125 Project: Pecan Branch Wastewater Treatment Plant Expansion Project# 3CA Update –September 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, Electric shutdown completed so conductors could be upsized. Setting steel on sludge handling foundation Post Construction Page 24 of 125 Project: Ronald Reagan Waterline Improvements Project# 2JM Update –September 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 install 21,300 LF of 30” water main on the west side of Ronald Reagan from FM 2338 (Williams dr) to FM 3405 Project Manager: Ken Taylor Engineer: KPA Contractor: TBD Phase Start Finish Status / Comments Preliminary Engineering October 2015 March 2016 KPA Task Order approved by GUS Board & City Council on 8/28/18 Final Design March 2016 February2018 80% Complete ROW / Easements October 2015 50% complete Bid / Award Bid # Construction Post Construction Page 25 of 125 Project: San Gabriel Wastewater Treatment Plant – Belt Press Project# 3CP Update –September 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 26 of 125 Project: Shell Road Waterline Improvements Project# 3CI Update – September 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 27 of 125 Project: Sun City Elevated Water Storage Tank Project# 2CP Update – September 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. All concrete pours for the support column have been completed. Dome panels to be set. Steel crew expected to be in Mid- September Post Construction Page 28 of 125 Page 29 of 125 Project: Water Tank Rehab - 2018 Project# 2CX Update – September 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 30 of 125 Project: Westinghouse Regional Lift Station Project# 3CE Update – September 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, Station running in automatic with only one Punch List item remaining at Stonehedge Post Construction August 2018 August 2019 Page 31 of 125 GUS BOARD ITEMS FORWARDED TO COUNCIL August 28, 2018 N Forwarded from Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to approve a Task Order KPA-18-013 with Kasberg, Patrick & Associates, LP of Georgetown, Texas for professional services related to the CR 289 Water Line Improvements in the amount of $473,210.00 -- Wesley Wright, P.E., Systems Engineering Director ITEM PASSED Page 32 of 125 City of Georgetown, Texas Utility System Advisory Board September 14, 2018 SUBJECT: Indus try Up dates ITEM SUMMARY: FINANCIAL IMPACT: N/A SUBMITTED BY: Page 33 of 125 City of Georgetown, Texas Utility System Advisory Board September 14, 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 August 10, 2018. - Sheila K. Mitc hell, GUS Bo ard Liais on 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 Augus t 10, 2018. FINANCIAL IMPACT: N/A SUBMITTED BY: Sheila K. Mitc hell/GUS Bo ard Liais o n ATTACHMENTS: Description Type GUS Board Augus t 10, 2018 DRAFT Minutes Backup Material Page 34 of 125 Minutes of the Meeting of the Georgetown Utility Systems Advisory Board and the Governing Body of the City of Georgetown, Texas August 10, 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, Ed Pastor, Edward Wiley -- Secretary, Arthur Yaeger Board Members Absent: Mike Cunningham – Chair, David Maserang Staff Members Present: Jim Briggs, Glenn Dishong, Wesley Wright, Chris Foster, Michael Hallmark, Paul Diaz, Tristan Whitmire, Sheila Mitchell Others Present: Trae Sutton/KPA 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. B. Introduction of Visitors -- None Employee Recognition – None submitted at time of posting C. August 2018 GUS Project Updates and July Council Action Wesley Wright, P.E., Systems Engineering Director/Michael Hallmark, CIP Manager Wright gave updates on all projects included in packet. Pastor asked and Dishong responded regarding water levels at Domel. Copelan inquired about any push back from customers regarding new watering restrictions and schedules. Briggs discussed and further stated the drought contingency plan has been in place for years, so it is not new to customers. D. Financial FY18 Update / Water and Electric - Chris Foster, Manager of Resource Planning & Integration Foster noted Diaz would provide financial updates. Diaz gave quarterly update noting these are as of June 30th this fiscal year. He reviewed Electric funds as provided in packets. Some discussion on wind and solar. Diaz presented Water financials. No questions or discussion. E. Industry Updates Briggs provided update on Chisholm Trail Special Utility District (CTSUD) open meetings act law suit. Noted ruling by judge has been in our favor. Opponents have one last appeal. He reminded GUS board that due to continued legal activity, the CTSUD board cannot dissolve. Briggs spoke on water conditions and some residents needing additional water as they are encountering low water in their Trinity wells north of Sun City. He spoke on application by Liberty Hill to expand their wastewater treatment plant. They have extensive growth in their area so request is understandable . No further discussion. Legislative Regular Agenda The Board will individually consider and possibly take action on any or all of the following items: Page 35 of 125 F. Review and possible action to approve the minutes from the Regular GUS Board meeting held on July 13, 2018. – Sheila K. Mitchell, GUS Board Liaison No discussion. Motion by Pastor, seconded by Yaeger to approve the minutes from the Regular GUS Board meeting held on April 13, 2018. Approved 5-0-2 (Cunningham, Maserang absent) G. Consideration and possible recommendation to approve a Task Order KPA-18-013 with Kasberg, Patrick & Associates, LP of Georgetown, Texas for professional services related to the CR 289 Water Line Improvements in the amount of $473,210.00. – Wesley Wright, P.E., Systems Engineering Director/Michael Hallmark, CIP Manager Wright gave update and overview of project, noting the need for an additional water line to help deliver water out to western area. He spoke of need for large diameter line to assist in process due to current zigzag of area, therefore a design change is needed. He stated a new route will better assist in easement acquisition with one property owner vs. multiple owners. Wright noted task order is for design phase and bid will be brought back to board later in year. No discussion. Motion by Pastor, seconded by Yaeger to approve a Task Order KPA-18-013 with Kasberg, Patrick & Associates, LP f Georgetown, Texas for professional services related to the CR 289 Water Line Improvements in the amount of $473,210.00. Approved 5-0-2 (Cunningham, Maserang absent) Motion by Wiley seconded by Yaeger to enter into Executive Session at approximately 2:40PM H. 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 Quarterly Electric Financials and Power Supply planning discussion. -- Chris Foster, Manager of Resource Planning & Integration (no action required) Motion by Wiley, seconded by Pastor to return to regular session. Approved 5-0-2 (Cunningham, Maserang absent) I. Action from Executive Session - Quarterly Electric Financials/Power Supply planning discussion (no action required) No action required. Adjournment Motion by Pastor, seconded by Fought to adjourn. Adjourned at 2:50PM __________________________ _____________________________ John Copelan – Vice Chair Edward Wiley – Secretary _________________________________ Sheila K. Mitchell, GUS Board Liaison Page 36 of 125 City of Georgetown, Texas Utility System Advisory Board September 14, 2018 SUBJECT: Cons id eration and possible rec o mmendatio n to app ro ve an Agreement fo r p urc hase with Els ter So lutions , LLC, to provid e EnergyAxis AMI water mo d ules and related items for the Advanc ed Metering Infrastruc ture sys tem in an amo unt not-to-exceed $800,000. – Mike S tasny, Tec hnical Services Manager and Rosemary Ledes ma, P urc hasing Manager ITEM SUMMARY: This item is for a rec ommend ation of a s o le s o urc e purchas e agreement to Els ter S o lutio ns, LLC “Ho neywell” in an amount not-to-exceed $800,000 fo r c ontinuous sup p ly of Honeywell water modules o n an as need ed b as is . This is an annual Agreement, ending o n Septemb er 30, 2019. The water products manufactured by Honeywell are proprietary parts to the AMI s ys tem. Els ter So lutions , LLC is the s ole authorized d is tributor o f Honeywell Energy Axis water mod ules in the S tate of Texas . 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 . SPECIAL CONSIDERATIONS: Elster So lutions , LLC is a s o le source p ro vid er of Honeywell EnergyAxis water mo d ules in the State of Texas . STAFF RECOMMENDATION: Staff rec o mmend s the ap p ro val o f an Agreement with Elster S o lutio ns, LLC, to provid e EnergyAxis AMI water modules and related items fo r the Ad vanc ed Metering Infras tructure s ys tem in an amo unt not-to- exc eed $800,000.00 FINANCIAL IMPACT: Funds fo r this exp enditure are availab le in the Water S ervic es and Metering Services Budgets Fund Actual Bud get 610-5-0524-51-530 Meter Maintenanc e $350,000 $500,000 660-5-0528-52-147 New Meters $450,000 $600,000 SUBMITTED BY: Mike Stas ny, Tec hnical Services Manager (skm) ATTACHMENTS: Description Type Agreement Backup Material Page 37 of 125 Terms & Conditions Backup Material Page 38 of 125 {00010159 / v / RSAUCIER / WATER / ELSTER / 09/05/2018} 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.” 1.1 This Agreement is composed of the following Agreement documents and any inconsistency or conflict in the Agreement documents shall be resolved by giving precedence in the following order with the top level precedential document always first in listings below: 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 $800,000.00 annually in accordance with this Contract. 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, and following Acceptance (or Final Acceptance) of the Goods and/or Services by the City. 1.3 Price List City Part Number HoneyPart # Part # Description Each Price 345413 3” Water MetersEVOQ 4AMI Ready 25’ Nicor conn Elster Protocol Mod $2,138.00 345414 4” Water MetersEVOQ 4AMI Ready 25’ Nicor conn Elster Protocol Mod $2,316.10 345400 ¾” Water Modules Ip 68llc $105.50 Page 39 of 125 {00010159 / v / RSAUCIER / WATER / ELSTER / 09/05/2018} 1.4 The term of this Agreement shall begin on the Effective Date and end on September 30, 2019. 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 CITY OF GEORGETOWN By: ___________________________________ Signature Dale Ross, Mayor ___________________________________ Printed Name Date Approved as to Form: Title ___________________________________ Charlie McNabb, City Attorney _______________________________ Date Date Page 40 of 125 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 41 of 125 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 42 of 125 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 43 of 125 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 44 of 125 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 45 of 125 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 46 of 125 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 47 of 125 City of Georgetown, Texas Utility System Advisory Board September 14, 2018 SUBJECT: Cons id eration and possib le rec ommend ation to proc ure c o nsulting services with Neil Mc And rews and Assoc iates fo r Res o urc e Pric e R is k Management. – Chris topher Fo s ter, Manager o f Res o urc e Planning and Integration ITEM SUMMARY: Neil McAndrews has b een the Utility’s electric portfo lio c o nsultant s inc e 1998. Neil has develo p ed p ro p rietary fo rec as ting methodology and uses it to GUS’ b enefit. Neil also keep s tab s on market is s ues, and hand les all of o ur electric res o urc e RFPs and as s o ciated analysis, including s trategic planning. Neil is p ro p o s ing to c ontinue thes e duties, as well as rep res ent GUS in the CRR market, QSE analysis, daily market bids, etc . S taff recommend s approval o f a Purchas e Order in the amo unt o f $150,000 to b e us ed as need ed for Neil’s s ervices fo r F Y19. STAFF RECOMMENDATION: Staff rec o mmend s approval to proc ure cons ulting s ervic es with Neil Mc Andrews and Assoc iates fo r Resource Pric e Ris k Management. FINANCIAL IMPACT: $150,000 paid for b y the sc heduling and forec as ting returns in the Purchas ed Power bud get. GL#: 610-5-0537-51-301 F Y19: $48,000,000 SUBMITTED BY: Chris topher Fos ter, Manager o f Res o urc e Planning and Integratio n (s km) ATTACHMENTS: Description Type McAndrews Propos al 2018 Backup Material Page 48 of 125 1 August 25, 2018 Georgetown Utility Systems 300 Industrial Avenue Georgetown, TX 78626 Attention: Chris Foster Manager of Resource Planning and Integration Re: Consulting Services for Resource Price Risk Management 2018-2019 Background Georgetown Utilities has actively developed power supply contracts with market participants to provide electric power for its utility load. Neil McAndrews and Associates will continue to develop and maintain price and load forecasting models, and provide those forecasts to GUS and its load scheduling provider to manage the electric power supply and serve electric load. Forecasted shortage of resources will produce an acquisition plan for additional resources; forecasts of surpluses will produce a plan for disposition of the surplus. These resource and load schedules will be submitted daily (seven days per week by 8:30 AM) Neil McAndrews and Associates will also provide congestion management of hedges on a continuous basis to match resource congestion risks through the ERCOT CRR auctions (daily and 24 monthly auctions per year). A new solar resource will require additional forecasts, price schedules, CRR auction participation and additional surplus disposition. Other duties carried out by the contractor will be the analysis of market conditions, regulations changes and impacts, and counter party credit evaluations. The contractor will develop load forecasts for GUS to support the work. This work will also include the Qualified Scheduling Entity contract evaluations to include management of intermittent renewable resources. Neil McAndrews and Associates has been asked to continue to provide power price hedging services, to develop Request for Proposals, and to evaluate and assist GUS personnel in managing power supply price and performance risk. The rates and estimated cost for this work are: Rate for Neil McAndrews ………………………………$175/hour The total annual cost is expected to be less than $ 150,000.00. Other issues may arise after a contract is let, if they occur, these will be charged at a rate of $175 per hour. Any out of pocket expenses will be charged at cost. Any additional work would require prior approval of GUS. Sincerely, Neil McAndrews Page 49 of 125 City of Georgetown, Texas Utility System Advisory Board September 14, 2018 SUBJECT: Cons id eration and p o s s ib le rec o mmend ation to renew the Brus h Trimming and Removal S ervic es to Aus tex Tree Servic e, Inc., o f Ro und Ro ck, Texas in the estimated amount of $270,000.00. -- Glenn W. Disho ng, Utility Direc tor ITEM SUMMARY: For the safety of City Elec tric S taff, in order to properly repair and/o r maintain the elec tric equip ment in b o th the commo n areas and the neighborhoods , in both normal d ay-to -d ay ac tivities , as well as emergenc y s ituations , elec tric al equip ment mus t b e kept c lear to allow for eas y acc es s . In preparatio n fo r the City Elec tric Staff to perform an id entifying and tagging projec t, the s ervic es bid will res ult in a multi-phas e contrac t b eginning with P hase 1 – the Sun C ity C o mmunity, c o nsisting of 235 loc ations , fo llo wed b y Phas e 2 – the remaind er of the S un City Co mmunity c ons is ting o f 716 loc ations . Other neighborho o d s will be ad d ed as reques ted b y the Electric Department. In preparatio n fo r this p rojec t to b egin, a P ro p erty Owner Communic atio n Plan was develo p ed to ens ure property o wners are well info rmed of the projec t. A formal s o licitation was is s ued fo r Brus h Trimming and R emo val Services and was pos ted on the City’s Io n Wave b id sys tem. 211 vendors were invited to b id. There were 22 HUB vendors from the City’s bid s ystem invited and 22 Geo rgeto wn vendors. Two (2) bids were received . The b ids were reviewed for compliance with the spec ific ations and reference checks were p erfo rmed . The recommended contrac tor has an A+ rating with the Better Bus iness Bureau. The C o ntract term: Initial term effec tive from the date of acc ep tanc e and ap p ro val and remain in full forc e and effec t for o ne (1) year, with a renewal term of two (2) additio nal o ne-years for a total c o ntract term of three (3) years . STAFF RECOMMENDATION: The s taff reco mmendatio n is to renew (firs t renewal) this c o ntract with Aus tex Tree Service, Inc. of Round Roc k, Texas, as des ignated on the attached b id tab ulatio n. FINANCIAL IMPACT: Funds fo r this exp enditure are bud geted in the Electric Op erations Bud get: Ac c o unt Numb er 610-5-0525- 51-511. First year is $70,000.00, S econd year is $100,000.00 and third year is $100,000.00. Es timated to tal (not to exceed ): $270,000.00 for the entire term of the 3 year c o ntract. SUBMITTED BY: Mike Wes tbro o k/Elec tric Operatio ns Manager (s km) ATTACHMENTS: Description Type Renewal Agreement Backup Material Page 50 of 125 {00009923 / v / RSAUCIER / ELEC / 00014 / 07/20/2018} RENEWAL AGREEMENT This Renewal Agreement is entered into by and between CITY OF GEORGETOWN, a Texas Home-Rule Municipal Corporation (the “City”), and AUSTEX TREE SERVICE, INC. (the “Contractor”), collectively, the Parties follows: WHEREAS, the Parties entered into an Agreement on September 26, 2017 for Brush Trimming and Removal Services, Contract No. 17-037-SC, (the “Original Agreement”), WHEREAS, the Original Agreement provided an initial term of one (1) year and provided for two (2) additional one (1) year renewal terms, WHEREAS, the Parties hereby agree to renew the Original Agreement in accordance with the terms of the Original Agreement as well as any terms provided herein, NOW THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: 1. The Parties agree to renew the Original Agreement for an additional term which will begin immediately upon the expiration of the original term and will end on September 26, 2019, this being the first renewal term. 2. This renewal binds and benefits the Parties and their successors or assigns. This document, including the Original Agreement, is the entire agreement between the Parties. 3. All other terms and conditions of the Original Agreement remain in full force and effect. AUSTEX TREE SERVICE, INC. CITY OF GEORGETOWN By: By: Dale Ross, Mayor Printed Name: Date: Title: Date: ATTEST: ________________________________ Shelley Nowling, City Secretary APPROVED AS TO FORM: ____________________________________ Charlie McNabb, City Attorney Page 51 of 125 City of Georgetown, Texas Utility System Advisory Board September 14, 2018 SUBJECT: Cons id eration and p o s s ib le rec o mmendation to approve the p ro curement renewal of LED Street Light ITB No. 201738, Type 2 to Ringdale Inc . o f Georgetown, Texas in the es timated amo unt o f $25,000.00. – Glenn W. Dis ho ng, Utility Directo r ITEM SUMMARY: LED Street Lights Bid ITB No. 201738 was is s ued for LED Street Lights , Type 2 Antiq ue head b ulb rep lacement. T his b id is fo r inventory to start the trans ition from High Press ure Sodium (HPS ) to LED. LED's use les s than fifty per cent o f HPS energy (110W vs 50W) and have a longer warranty (3 years vs 10 years ). There were s even b id s for Typ e 2 b ulb rep lacement. Bids were c hec ked fo r c o mp lianc e with the s p ecific ations and referenc e c hec ks were p erformed. Co ntract term starts on date of Counc il Approval and las ts until Sep tember 30, 2018. Three renewals are allowed if acc ep table by both p arties. This is the 1s t renewal, with an optio n o f remaining terms : 2 & 3 ending o n 9/30/2021. The recommended s upplier o f Type 2 b ulb replac ement is Ringdale Inc . of Geo rgeto wn TX. They were the only b id der ab le to meet the ten year warranty requirement. STAFF RECOMMENDATION: Staff rec o mmend ation is to ap p ro ve the proc urement renewal with Ringdale, Inc . o f Georgetown, Texas, in the estimated amount of $25,000.00. FINANCIAL IMPACT: Funds fo r thes e exp enditures are includ ed in the Electric Op erations O&M b udget and the Electric Engineering CIP Budget. SUBMITTED BY: Mike Wes tbro o k, Electric Op erations Manager (s km) Page 52 of 125 City of Georgetown, Texas Utility System Advisory Board September 14, 2018 SUBJECT: Cons id eration and p o s s ib le rec o mmendation to c o ntinue utilizing the annual agreement fo r LCRA Material Ac q uisitio n to purc has e elec tric distrib utio n, fib er, water, s afety, and sub s tation materials , hardware, and tools fo r FY 2018-2019 from Tec hline Ltd. und er their contrac t with the Lower C o lo rad o River Authority (“LCRA”) Elec tric Material Acquis ition Program in the not to exceed amount of $4,500,000.00. -- Wes ley Wright, P.E., S ys tems Engineering Direc tor ITEM SUMMARY: Continued utilizatio n o f this agreement will allo w the City o f Georgetown to take ad vantage o f lower pric es and s toc k availability for the purchas e of elec tric distrib utio n, fiber, water, s afety, and sub s tation materials , hardware, and to o ls for us e on CIP and Operational p ro jects direc tly fro m Techline, the vendor awarded the Electric Material Ac q uisitio n Services Co ntrac t by LCRA. Materials purchas ed through this agreement were c o mp etitively bid by LCRA, and are not included o n any s o licitation is s ued and awarded b y the C ity. Materials are p urc hased on an as needed basis and are sto cked in the C ity’s wareho us e for use by the Department fo r new c o nstruc tio n projec ts , maintenance of the s ystems o r sto ck rep lenis hment. The no t to exceed total fo r this requirement is $4,500,000.00 b as ed o n p lanned projec ts and maintenanc e his tory in p revious years . Ac cording to Texas Loc al G o vernment Code 271.102 (c ), the City s atisfies any s tate laws req uiring the lo cal go vernment to s eek competitive b id s for the p urc has e of the goods and services when purchas ing und er Subc hap ter F. Co o p erative Purc has ing P ro gram. The Texas Lo cal Go vernment Code 271.101 s tates that a munic ip ality may participate in a loc al agreement with a spec ial d is tric t. The City’s agreement with LCRA allo wing ac c es s to this c o ntract has b een renewed . STAFF RECOMMENDATION: Staff rec o mmend s the ap p ro val o f purchas es o f materials under the agreement with LCRA. FINANCIAL IMPACT: Funds fo r the planned expend itures are availab le in the Elec tric Cap ital Improvement and Operatio ns Budgets SUBMITTED BY: Wes ley Wright, P.E., S ystems Engineering Direc to r ATTACHMENTS: Description Type LCRA Material Agreement Backup Material Page 53 of 125 Page 54 of 125 City of Georgetown, Texas Utility System Advisory Board September 14, 2018 SUBJECT: Cons id eration and p o s s ib le rec o mmendation to renew the c o ntract for labor s ervic es for Elec tric System Overhead Cons truc tio n and Maintenance to Tec hline Cons tructio n, LLC of Aus tin, Texas, in the not to exc eed amount o f $2,000,000.00. -- Wesley Wright, P.E., Sys tems Engineering Direc tor ITEM SUMMARY: The Elec tric Engineering Dep artment req uires outs ide lab o r for upc o ming o verhead c o nstruc tion and maintenance, as well as s o me undergro und p ro jec ts , as s o ciated with 2018-2019 C IP projec ts. To ens ure an ad eq uate labo r forc e for all projec ts, Electric Engineering d es ires to renew a working alliance with Tec hline Cons tructio n under the LCRA Material Ac quis itions program. Tec hline Cons truc tio n will als o provid e emergency servic es for s ervic e resto ration on an as need ed basis. LCRA's c o mpetitively b id labor contrac t is available to their wholesale cus to mers , inc luding the City, and o ffers more favo rab le pric ing based o n higher vo lume than the City is ab le to o b tain bidding s ep arately. The City has develo p ed a s o lid wo rking relatio ns hip with Techline thro ugh us e of their LCRA materials contrac t and prior year's lab o r c o ntract. The us e of the Techline contrac t will ens ure availability o f well trained and eq uipped s taff to complete projec ts on time. The Tec hline lab o r c o ntract will wo rk in conjunc tion with the Tec hline materials c ontrac t, allowing better coordination o f res ources. This will b e the fourth renewal with Tec hline Cons tructio n with a term beginning Octo b er 1, 2018 through Septemb er 30, 2019 with a not to exceed amount of $2,000,000.00. STAFF RECOMMENDATION: Staff rec o mmend s approval of the renewal with Techline Cons tructio n, LLC o f Aus tin, Texas. FINANCIAL IMPACT: Funds fo r the planned expend itures are availab le in the Elec tric Cap ital Improvement and Operatio ns Budgets SUBMITTED BY: Wes ley Wright, P.E., S ystems Engineering Direc to r Page 55 of 125 City of Georgetown, Texas Utility System Advisory Board September 14, 2018 SUBJECT: Cons id eration and p o s s ib le rec o mmendation to approve annual tas k o rd ers : Tas k Order MEI-19-001 for Elec tric System & Planned Capital Improvement Projec ts in the no t to exc eed amo unt o f $460,000.00, Task Order MEI-19-002 fo r Electric Sys tem Engineering Planning and Engineering As s is tance in the no t to exc eed amount o f $250,000.00 and Tas k o rder MEI-19-003 for New Develo p ment Engineering and Design Assistanc e in the no t to exc eed amount of $590,000.00 with Mc Cord Engineering, Inc., o f Co llege Station, Texas , for p ro fes s io nal engineering s ervic es . -- Wes ley Wright, P.E., S ys tems Engineering Direc to r ITEM SUMMARY: Professional Engineering services are required fo r the 2018-2019 Fis cal Year Capital Improvement Pro jects , New Develop ment Engineering and Design As s is tanc e, Elec tric S ystem Engineering P lanning and s p ecialized s tudies . Mc Cord Engineering, Inc . (MEI) is familiar with our elec tric utility sys tem, standards and spec ifications and has highly q ualified profes s ionals to wo rk o n o ur projec ts . MEI has wo rked fo r the City o f Georgeto wn for o ver 20 years and has s uc ces s fully completed a variety of d evelopment and capital imp ro vement projec ts fo r the utility. Attac hed fo r your review and cons id eration is Tas k Ord er MEI-19-001 in the not to exceed amo unt o f $460,000.00. T he p urpose o f this task order is to p ro vide p reliminary and final electric s ystem engineering and d es ign fo r planned Capital Improvement p ro jects detailed within the tas k order and five year CIP p lan. Attac hed fo r your review and cons id eration is Tas k Ord er MEI-19-002 in the not to exceed amo unt o f $250,000.00. T he p urpose o f this task order is to s erve as general engineering s up p o rt fo r sys tem p lanning, reliability and o ther vario us tasks suc h as Master P lan updates , s ys tem ap p rais al evaluatio ns, Mils o ft Map ping as s is tance and p o licy rec ommend ations . Attac hed fo r your review and cons id eration is Tas k Ord er MEI-19-003 in the not to exceed amo unt o f $590,000.00. T he p urpose o f this task order is to p ro vide p reliminary and final electric d es ign for New Develo p ment Projec ts . Thes e unplanned p rojec ts req uire MEI’s as s is tance to produce s ervic e delivery d es ign projec t pac kages as well as load impac t evaluation for new elec tric lo ad s c o nnected to the existing sys tem. STAFF RECOMMENDATION: Staff reques ts a rec ommend ation to the ap proval of Task Order MEI-19-001, MEI-19-002 and MEI-19-003 as desc rib ed ab o ve with McCo rd Engineering, Inc ., of College S tatio n, Texas . FINANCIAL IMPACT: Funds fo r the planned expend itures are availab le in the Elec tric Cap ital Improvement and Operatio ns Budgets SUBMITTED BY: Wes ley Wright, P.E., S ystems Engineering Direc to r ATTACHMENTS: Description Type MEI-19-001 Backup Material Page 56 of 125 MEI-19-002 Backup Material MEI-19-003 Backup Material Page 57 of 125 Page 58 of 125 Page 59 of 125 Page 60 of 125 Page 61 of 125 Page 62 of 125 Page 63 of 125 Page 64 of 125 Page 65 of 125 Page 66 of 125 Page 67 of 125 Page 68 of 125 Page 69 of 125 Page 70 of 125 Page 71 of 125 Page 72 of 125 Page 73 of 125 Page 74 of 125 City of Georgetown, Texas Utility System Advisory Board September 14, 2018 SUBJECT: Cons id eration and p o s s ib le rec o mmendation to approve a contrac t amendment with Arc her Wes tern Cons tructio n, LLC. of Irving, Texas fo r the P as tor Pump S tatio n Imp ro vements in the amo unt o f $87,909.00. - Wes ley Wright, P.E., Sys tems Engineering Direc tor/Michael Hallmark, CIP Manager ITEM SUMMARY: The Pasto r Pump S tatio n p ro ject was approved this s ummer to add two ad d itional pump s to the existing s tatio n. The projec t is necessary to meet c ontinued growth demand s in the Wes tern District and is expec ted to be c ompleted in the early Spring of 2019. This p ro p o s ed amendment is to provid e redund ant pump ing during two nec es s ary s hutd o wns as the p ro ject progres s es . It will provid e 3,000 gallons per minute o f pump ing c apac ity to the Wes tern Dis tric t in the event of an unfors een pump outage at the Lake Water Treatment Plant. STAFF RECOMMENDATION: Staff and CDM S mith rec o mmend exec uting this C o ntract Amend ment for the Pas to r P ump Station Imp ro vements projec t with Archer Western C o ns truc tion, LLC. of Irving, Texas , in the amount of $87,909.00. FINANCIAL IMPACT: Funds fo r this exp enditure are availab le in the Water CIP. SUBMITTED BY: Wes ley Wright, P.E., S ystems Engineering Direc to r/Mic hael Hallmark, CIP Manager. ATTACHMENTS: Description Type CPR-02 Propos al Cover Memo Page 75 of 125 Archer Western Construction A MEMBER OF The Walsh Group 1411 Greenway Drive, Irving, TX 75038 P: 972.457.8500 F: 972.457.8501 www.walshgroup.com An Equal Opportunity Employer September 7, 2018 Ana Marie Karamalegos CDM Smith 9430 Research Blvd, Suite 1-200 Austin, TX 78759 Reference: City of Georgetown Pastor Pump Station Improvements Project Subject: CPR-02 Pricing Dear Ms. Karamalegos: Archer Western Construction, LLC (“AW”) respectfully submits a cost proposal of Eighty Seven Thousand Nine Hundred Nine Dollars [$87,909.00] for Change Proposal Request #02. Our price proposal is valid for seven (7) days. All supporting documentation for our price proposal is attached. Pricing is based on the attached quotes provided by Xylem and other suppliers. Please review the Rental Quotation Cover Letter from Xylem detailing the limited availability of this pump size. Additionally, please note the clarifications that are also included in this cover letter. Finally, as specific demands and run times were not stated in the Change Proposal Request document, AW has NOT included any pricing for the following: • Diesel for pump operation (Pump uses 35gph at full speed) • Labor for pump operation or monitoring • Service charges for Pump Maintenance per service intervals All labor and materials associated with the operation and maintenance of the pumping unit will be the responsibility of the City of Georgetown. Please review the attached proposal and, if acceptable, include in an upcoming Change Order. Sincerely, Archer Western Construction, LLC Thor Benson Project Manager Enclosure (1) Thor Benson Page 76 of 125 AREA DETAIL Manhours Labor Material Subcontract Equipment Pump Rental - 1st Mob Xylem $22,554.00 Pump Setup / Teardown - 1st Mob Xylem $5,850.00 Pump Rental - 2nd Mob Xylem $22,554.00 Pump Setup / Teardown - 2nd Mob Xylem $5,850.00 Tap Piping Texas Tap - 2ea 12" $1,700.00 Excavate Tapping Pits 16 $326.40 Install Tapping Sleeves 8 $163.20 Install Piping 16 $326.40 Backfill Tapping Pits 12 $244.80 Valve Risers / Pads 12 $244.80 4 $81.60 Ductile Iron Piping / Fittings $5,257.64 12" Gate Valves 2ea $3,116.00 Bolt/Nut/Gasket Kits $200.00 Valve Boxes $300.00 Concrete Pads $120.00 Misc Materials (Bedding, Formwork, etc)$250.00 Superintendent 1 week (Supervise Work)40 $1,600.00 Supervisor Pick-up Truck 1 week $500.00 CAT 430 Backhoe 1 Week $750.00 Outside Crane Rental Mob / Demob Pump (4 Trips)$3,200.00 TOTALS 108 $2,987.20 $54,351.64 $16,600.00 $1,250.00 Small Tools 19% of Labor $567.57 Safety Supplies 15% of Labor $448.08 GC Materials 10% of Labor $298.72 Payroll Burden 40% of Labor $1,194.88 Project Management 5% of Labor $149.36 Equipment Operating Expense 65% of Equipment $812.50 SUBTOTALS $5,645.81 $54,351.64 $16,600.00 $2,062.50 TOTAL BASE $78,660 CONTRACTOR'S PARTICIPATION 10% (Materials / Labor / Eqpt)$5,859 SUB PARTICIPATION 5% (Subs)$830 BONDS & INSURANCE 3% Total $2,560 RFP TOTAL COST $87,909 CPR #02 - Pastor Pump Station Bypass Pump Set-up COST PROPOSAL DETAIL 9/7/2018 Page 77 of 125 Mr. Thor Benson Archer Western Contractors Ltd 1411 Greenway Dr Irving, TX 75038-2410 Phone: 817-640-3898 RE: Georgtown HL260 Rental Quotation 115020338 Dear Mr. Benson: RE: Pastor Pump Station bypass pumping The potable water pump station has a required flow rate of 3000gpm @ 450' tdh. Xylem Dewatering recommends the use of a Godwin HL260M to meet the required duty point. The HL260M 10" x 10" pump will be fitted with a 12" quick connect on the suction and a 12" flange on the discharge. Xylem will assemble a 12" quick connect fitting, to the 12" flange, noted as location "A" per CPR 2 plans. 12" quick connect suction hose will be utilized to supply the pump. 12" flanged high pressure hose will be assembled from the pump discharge flange to connect at location "B". Important notes: - This pump model is in extreme high demand and none (out of 20 in the U.S.) are currently available. Please expedite the purchase order to ensure availablity by October - Pump weight is 17,700lbs. A crane will be needed to unload and place the pump in the desired location. - The pump's integrated fuel tank has a capacity of 375gal. With an approximate fuel burn rate of 35gph, runtime is expected to be less than 10hrs per tank. An external 550gal fuel tank has been included in the quote to increase runtime to 13 hours, but a larger fuel tank (from another vendor) should be considered for longer runtimes. - The pump will require engine service every 300 hours and will require approximately 1 hour to perform the service. - Prior to delivery all items, supplied by Xylem Dewatering, that will come in contact with the potable water will be sanitized with a solution of chlorine and hth pool shock, for a period of 2 hours, and rinsed with potable water. Upon completion of decontamination all items will be wrapped/covered to prevent entry of contaminants. - There are inherent risks of failure with anything mechanical. Please be aware that response time for a service technician could take 3 - 6hrs. Any repairs that need to be made could take an additional 1 - 6 hours. There most likely will not be a pump of the same capacity available, unless ordered for standby, should a major failure occur. Sincerely, 4965 Eisenhaur Road Suite 102 Windcrest, TX 78218 Tel: 210-648-9101 Fax: 210-648-9102 www.godwinpumps.com August 29, 2018 Home Office: 84 Floodgate Road, Bridgeport, NJ 08014 • www.godwinpumps.com • (856) 467-3636 • (856) 467-4841 Page 78 of 125 Brandon Ramsey Outside Sales Representative BR / pr August 29, 2018 Archer Western Contractors Ltd Attention: Mr. Thor Benson Rental Quotation # 115020338 Page 2 of 5 Page 79 of 125 Pastor Pump Station Bypass ITEM QTY DESCRIPTION A 1 Dri-Prime HL260M Diesel Pump •Primary Unit • 10" 150# Flange Suction & Discharge • Caterpillar C18 Tier3 Diesel Engine • Includes PrimeGuard Engine Controller • Cast Steel Volute Impeller Fr Cover • 12"MQD x 12" Flange FLOODED SUCTION, gauges on suction & discharge B 2 12" x 20' Black Water Suction Hose with Godwin QD Fittings C 2 12" 45 Degree Godwin QD Bend D 2 12" 45 Degree Bend with 150# Flange E 1 12" 90 Degree Bend with 150# Flange F 3 12" x 20' Cargo Hose with 150# Flange Fittings G 1 12" x 10' Cargo Hose with 150# Flange Fittings H 1 12" Check Valve with 150# Flange I 1 12" Female Godwin QD x 12" 150# Flange Adapter • bolted to 90 J 1 500 Gallon Fuel Cube • with Double Wall Containment • Skid-mounted August 29, 2018 Archer Western Contractors Ltd Attention: Mr. Thor Benson Rental Quotation # 115020338 Page 3 of 5 4965 Eisenhaur Road Suite 102 Windcrest, TX 78218 Tel: 210-648-9101 RENTAL QUOTATION This pricing information is for internal use only. We ask that these items and terms be kept confidential. All applicable tax and freight charges will be added to invoices. All quotations are subject to credit approval. All quotations are valid for 30 days. All prices quoted in US dollars. See attached Terms and Conditions which are part of this quote. Page 80 of 125 Pastor Pump Station Bypass ITEM QTY DESCRIPTION REQUIRED EXTRAS: K 8 Miscellaneous Field Service Supplies • 12" Flange Gaskets L 96 Miscellaneous Field Service Supplies • 7/8" x 5" Nuts/Bolts M 1 Decontamination Charge August 29, 2018 Archer Western Contractors Ltd Attention: Mr. Thor Benson Rental Quotation # 115020338 Page 4 of 5 4965 Eisenhaur Road Suite 102 Windcrest, TX 78218 Tel: 210-648-9101 RENTAL QUOTATION ESTIMATED WEEKLY RENTAL TOTAL $ 6,318.00 ESTIMATED MONTHLY RENTAL TOTAL $ 18,954.00 ESTIMATED DELIVERY CHARGE $ 3,000.00 ESTIMATED PICKUP CHARGE $ 600.00 REQUIRED EXTRAS $ 2,096.00 This pricing information is for internal use only. We ask that these items and terms be kept confidential. All applicable tax and freight charges will be added to invoices. All quotations are subject to credit approval. All quotations are valid for 30 days. All prices quoted in US dollars. See attached Terms and Conditions which are part of this quote. Page 81 of 125 Xylem Dewatering Solutions, Inc. d/b/a Godwin Pumps of America 84 Floodgate Road, Bridgeport, NJ 08014 Tel +1.856.467.3636 Fax +1.856.467.4428 TERMS AND DEFINITIONS Rental Day: One Calendar day; for diesel units, not exceeding eight (8) hours running. Rental Week: Seven (7) calendar days; for diesel units, not exceeding 48 hours running in aggregate during a Rental Week. Rental Month: Twenty-eight (28) calendar days; for diesel units, not exceeding 192 hours running. Standby Rate: The Standby Rate is 75% of the scheduled rate. Standby is for a "second" or additional back-up pump to be run in the event the primary pump cannot. If the standby pump operates for any reason other than failure of a primary pump, the standard rate will apply. Overtime Running: For diesel units, all scheduled rates are based on an 8 hour per day shift. If diesel equipment is used for a double shift, the 8-hour rate will be multiplied by 1½ times the schedule rate. If used for a triple shift, the rate will be multiplied by 2 times the scheduled rate. Billing Cycles Based on Open Terms Approval 3 - 7 Days = 1 Week 8 Days = 1 Week and 1 Day 9 Days = 1 Week and 2 Days 10 - 14 Days = 2 Weeks 15 Days = 2 Weeks and 1 Day 16 Days = 2 Weeks and 2 Days 17 - 28 Days = 1 Month Billing Cycle - COD Customers 3 - 7 Days = 1 Week Off Rent: It is the responsibility of the Customer to call into the Owner's local branch office and obtain an Off Rent Call Confirmation Number. This call serves as notification that equipment is disassembled, properly decontaminated, and stockpiled in one readily-accessible area available for immediate pick-up. Rental and/or labor charges will accrue if equipment is not cleaned and staged for removal. IMPORTANT:Obtaining an Off Rent Call Confirmation Number does not release Customer from its obligations to safeguard and secure equipment,including maintaining required insurance coverages,while equipment remains under Customer's care,custody or control pending return of all rented equipment to Owner. Customer shall remain responsible for all loss or damage arising from Customer's failure to safeguard and secure equipment while awaiting pick up. TERMS AND CONDITIONS 1. This quotation is valid for 30 days, however, prices may change without written notification. Quotations for sales of HDPE pipe are valid for seven (7) days. 2. This quotation is our estimate of equipment and material required. Actual installation may vary in cost due to site requirements. Additional equipment or time to set-up will be charged at the above itemized rates or based upon our published rental rate schedule. 3. Payment terms: Net 30 based on credit approval. 4. Taxes are not included in any rental, sale or labor quotes. Customer is responsible for paying applicable taxes on the equipment and services, including sales and use tax. Customer will only be considered exempt when a valid Sales Tax Exemption Certificate is received when ordering any rental equipment, pumping services and/or sale goods. 5. Delivery and Pick-Up available at Customer's request via Lessor's/Supplier's truck for an additional charge. 6. Customer shall be responsible for providing adequate labor and material handling equipment onsite to unload/load and setup/breakdown equipment, including chains or cables of sufficient capacity along with cribbing material to support pumps, piping and accessories. 7. Customer responsible for daily monitoring of all equipment on site, including but not limited to cleaning of suction screen(s) as necessary. Diesel driven pumps require routine service including changing oil, oil filter, fuel filter, and performing general maintenance every 250 hours of running time, and also replacing the air filter every 500 hours of running time. As requested, Lessor/Supplier will service the equipment for an additional charge. 8. Customer shall be responsible for any required secondary containment around and under each pump to contain possible spills during operation or refueling of the equipment. 9. Customer shall be responsible for compliance with permitting, licensing or other regulatory requirements associated with setup, installation, or operation of the equipment. This order is subject to the Standard Terms and Conditions of Rental - Xylem Americas effective on the date the order is accepted which terms are available at https://www.xylem.com/en-US/support/xylem-americas-standard-terms-and-conditions/and incorporated herein by reference and made a part of the agreement between the parties. Page 82 of 125 Pastor Pump Station Bypass-Set-up ITEM QTY DESCRIPTION A 6.00 Technician 1 Set-up B 6.00 Technician 2 Setup C 6.00 Technician 3 Setup D 1 Forklift • 10K Extended Reach Forklift E 180 Mileage August 29, 2018 Archer Western Contractors Ltd Attention: Mr. Thor Benson Service Quotation # 115020340 Page 1 of 2 4965 Eisenhaur Road Suite 102 Windcrest, TX 78218 Tel: 210-648-9101 SERVICE QUOTATION ESTIMATED SERVICE TOTAL $ 3,180.00 ESTIMATED DELIVERY CHARGE $ 0.00 ESTIMATED PICKUP CHARGE $ 0.00 This pricing information is for internal use only. We ask that these items and terms be kept confidential. All applicable tax and freight charges will be added to invoices. All quotations are subject to credit approval. All quotations are valid for 30 days. All prices quoted in US dollars. See attached Terms and Conditions which are part of this quote. Page 83 of 125 Xylem Dewatering Solutions, Inc. d/b/a Godwin Pumps of America 84 Floodgate Road, Bridgeport, NJ 08014 Tel +1.856.467.3636 Fax +1.856.467.4428 TERMS AND DEFINITIONS Rental Day: One Calendar day; for diesel units, not exceeding eight (8) hours running. Rental Week: Seven (7) calendar days; for diesel units, not exceeding 48 hours running in aggregate during a Rental Week. Rental Month: Twenty-eight (28) calendar days; for diesel units, not exceeding 192 hours running. Standby Rate: The Standby Rate is 75% of the scheduled rate. Standby is for a "second" or additional back-up pump to be run in the event the primary pump cannot. If the standby pump operates for any reason other than failure of a primary pump, the standard rate will apply. Overtime Running: For diesel units, all scheduled rates are based on an 8 hour per day shift. If diesel equipment is used for a double shift, the 8-hour rate will be multiplied by 1½ times the schedule rate. If used for a triple shift, the rate will be multiplied by 2 times the scheduled rate. Billing Cycles Based on Open Terms Approval 3 - 7 Days = 1 Week 8 Days = 1 Week and 1 Day 9 Days = 1 Week and 2 Days 10 - 14 Days = 2 Weeks 15 Days = 2 Weeks and 1 Day 16 Days = 2 Weeks and 2 Days 17 - 28 Days = 1 Month Billing Cycle - COD Customers 3 - 7 Days = 1 Week Off Rent: It is the responsibility of the Customer to call into the Owner's local branch office and obtain an Off Rent Call Confirmation Number. This call serves as notification that equipment is disassembled, properly decontaminated, and stockpiled in one readily-accessible area available for immediate pick-up. Rental and/or labor charges will accrue if equipment is not cleaned and staged for removal. IMPORTANT:Obtaining an Off Rent Call Confirmation Number does not release Customer from its obligations to safeguard and secure equipment,including maintaining required insurance coverages,while equipment remains under Customer's care,custody or control pending return of all rented equipment to Owner. Customer shall remain responsible for all loss or damage arising from Customer's failure to safeguard and secure equipment while awaiting pick up. TERMS AND CONDITIONS 1. This quotation is valid for 30 days, however, prices may change without written notification. Quotations for sales of HDPE pipe are valid for seven (7) days. 2. This quotation is our estimate of equipment and material required. Actual installation may vary in cost due to site requirements. Additional equipment or time to set-up will be charged at the above itemized rates or based upon our published rental rate schedule. 3. Payment terms: Net 30 based on credit approval. 4. Taxes are not included in any rental, sale or labor quotes. Customer is responsible for paying applicable taxes on the equipment and services, including sales and use tax. Customer will only be considered exempt when a valid Sales Tax Exemption Certificate is received when ordering any rental equipment, pumping services and/or sale goods. 5. Delivery and Pick-Up available at Customer's request via Lessor's/Supplier's truck for an additional charge. 6. Customer shall be responsible for providing adequate labor and material handling equipment onsite to unload/load and setup/breakdown equipment, including chains or cables of sufficient capacity along with cribbing material to support pumps, piping and accessories. 7. Customer responsible for daily monitoring of all equipment on site, including but not limited to cleaning of suction screen(s) as necessary. Diesel driven pumps require routine service including changing oil, oil filter, fuel filter, and performing general maintenance every 250 hours of running time, and also replacing the air filter every 500 hours of running time. As requested, Lessor/Supplier will service the equipment for an additional charge. 8. Customer shall be responsible for any required secondary containment around and under each pump to contain possible spills during operation or refueling of the equipment. 9. Customer shall be responsible for compliance with permitting, licensing or other regulatory requirements associated with setup, installation, or operation of the equipment. This order is subject to the Standard Terms and Conditions of Rental - Xylem Americas effective on the date the order is accepted which terms are available at https://www.xylem.com/en-US/support/xylem-americas-standard-terms-and-conditions/and incorporated herein by reference and made a part of the agreement between the parties. Page 84 of 125 Pastor Pump Station Bypass Tear Down ITEM QTY DESCRIPTION A 4.00 Technician 1 Tear Down B 4.00 Technician 2 Tear Down C 4.00 Technician 3 Tear Down D 1 Forklift • 10K Extended Reach Forklift E 180 Mileage August 29, 2018 Archer Western Contractors Ltd Attention: Mr. Thor Benson Service Quotation # 115020341 Page 1 of 2 4965 Eisenhaur Road Suite 102 Windcrest, TX 78218 Tel: 210-648-9101 SERVICE QUOTATION ESTIMATED SERVICE TOTAL $ 2,670.00 ESTIMATED DELIVERY CHARGE $ 0.00 ESTIMATED PICKUP CHARGE $ 0.00 This pricing information is for internal use only. We ask that these items and terms be kept confidential. All applicable tax and freight charges will be added to invoices. All quotations are subject to credit approval. All quotations are valid for 30 days. All prices quoted in US dollars. See attached Terms and Conditions which are part of this quote. Page 85 of 125 Xylem Dewatering Solutions, Inc. d/b/a Godwin Pumps of America 84 Floodgate Road, Bridgeport, NJ 08014 Tel +1.856.467.3636 Fax +1.856.467.4428 TERMS AND DEFINITIONS Rental Day: One Calendar day; for diesel units, not exceeding eight (8) hours running. Rental Week: Seven (7) calendar days; for diesel units, not exceeding 48 hours running in aggregate during a Rental Week. Rental Month: Twenty-eight (28) calendar days; for diesel units, not exceeding 192 hours running. Standby Rate: The Standby Rate is 75% of the scheduled rate. Standby is for a "second" or additional back-up pump to be run in the event the primary pump cannot. If the standby pump operates for any reason other than failure of a primary pump, the standard rate will apply. Overtime Running: For diesel units, all scheduled rates are based on an 8 hour per day shift. If diesel equipment is used for a double shift, the 8-hour rate will be multiplied by 1½ times the schedule rate. If used for a triple shift, the rate will be multiplied by 2 times the scheduled rate. Billing Cycles Based on Open Terms Approval 3 - 7 Days = 1 Week 8 Days = 1 Week and 1 Day 9 Days = 1 Week and 2 Days 10 - 14 Days = 2 Weeks 15 Days = 2 Weeks and 1 Day 16 Days = 2 Weeks and 2 Days 17 - 28 Days = 1 Month Billing Cycle - COD Customers 3 - 7 Days = 1 Week Off Rent: It is the responsibility of the Customer to call into the Owner's local branch office and obtain an Off Rent Call Confirmation Number. This call serves as notification that equipment is disassembled, properly decontaminated, and stockpiled in one readily-accessible area available for immediate pick-up. Rental and/or labor charges will accrue if equipment is not cleaned and staged for removal. IMPORTANT:Obtaining an Off Rent Call Confirmation Number does not release Customer from its obligations to safeguard and secure equipment,including maintaining required insurance coverages,while equipment remains under Customer's care,custody or control pending return of all rented equipment to Owner. Customer shall remain responsible for all loss or damage arising from Customer's failure to safeguard and secure equipment while awaiting pick up. TERMS AND CONDITIONS 1. This quotation is valid for 30 days, however, prices may change without written notification. Quotations for sales of HDPE pipe are valid for seven (7) days. 2. This quotation is our estimate of equipment and material required. Actual installation may vary in cost due to site requirements. Additional equipment or time to set-up will be charged at the above itemized rates or based upon our published rental rate schedule. 3. Payment terms: Net 30 based on credit approval. 4. Taxes are not included in any rental, sale or labor quotes. Customer is responsible for paying applicable taxes on the equipment and services, including sales and use tax. Customer will only be considered exempt when a valid Sales Tax Exemption Certificate is received when ordering any rental equipment, pumping services and/or sale goods. 5. Delivery and Pick-Up available at Customer's request via Lessor's/Supplier's truck for an additional charge. 6. Customer shall be responsible for providing adequate labor and material handling equipment onsite to unload/load and setup/breakdown equipment, including chains or cables of sufficient capacity along with cribbing material to support pumps, piping and accessories. 7. Customer responsible for daily monitoring of all equipment on site, including but not limited to cleaning of suction screen(s) as necessary. Diesel driven pumps require routine service including changing oil, oil filter, fuel filter, and performing general maintenance every 250 hours of running time, and also replacing the air filter every 500 hours of running time. As requested, Lessor/Supplier will service the equipment for an additional charge. 8. Customer shall be responsible for any required secondary containment around and under each pump to contain possible spills during operation or refueling of the equipment. 9. Customer shall be responsible for compliance with permitting, licensing or other regulatory requirements associated with setup, installation, or operation of the equipment. This order is subject to the Standard Terms and Conditions of Rental - Xylem Americas effective on the date the order is accepted which terms are available at https://www.xylem.com/en-US/support/xylem-americas-standard-terms-and-conditions/and incorporated herein by reference and made a part of the agreement between the parties. Page 86 of 125 Picture14 Features and Benefits Specification Suction connection 10" 150# ANSI B16.5 Delivery connection 10" 150# ANSI B16.5 Max capacity 5550 USGPM † Max solids handling 2.0" Max Impeller diameter 21.3" Max operating temp 176°F* Max working pressure 209 psi Max suction pressure 87 psi Max casing pressure 314 psi Max operating speed 1800 rpm * Please contact our office for applications in excess of 176°F. † Larger diameter pipes may be required for maximum flows. Picture 101 Standard engine Caterpillar C18 (T3 Flex). The Godwin Dri-Prime HL260M pump offers flow rates to 5550 USGPM and has the capability of discharge pressures to 209 psi. The HL260M is able to automatically prime to 28' of suction lift from dry. Automatic or manual starting/stopping available through integral mounted control panel or optional wireless- remote access. High discharge pressure, dry-running, and portability make the HL260M the perfect choice for mining, industrial and emergency fire backup applications. Simple maintenance normally limited to checking fluid levels and filters. Please contact the factory or office for further details. A typical picture of the pump is shown. All information is approximate and for general guidance only. Dri-Prime (continuously operated Venturi air ejector priming device) requiring no periodic adjustment or control. Optional automatic on- off control available on the priming system. Dry-running high pressure liquid bath mechanical seal with high abrasion resistant solid tungsten faces. Close-coupled centrifugal pump with Dri- Prime system coupled to a diesel engine or electric motor. All cast steel construction (stainless steel construction option available) with cast steel impeller. Also available in a critically silenced unit which reduces noise levels to less than 70dBA at 30'. HL260M Dri-Prime® Pump Page 87 of 125 Performance Curve Materials Engine option 1 Engine option 2 Caterpillar C18 (T3 Flex), 700 HP @ 1800 rpm #N/A Impeller diameter 21.3"Impeller diameter 21.3" Pump Speed 1800 rpm - Suction Lift Table Suction Lift Table Total Delivery Head (feet)Total Delivery Head (feet) 361 394 427 443 459 -- -- Output (USGPM)Output (USGPM) 10 4733 4073 3302 2642 1321 --- -- 15 4733 4073 3302 2642 1321 --- -- 20 3742 3522 3082 2201 1761 --- -- 25 2201 1761 1321 881 ---- -- Fuel capacity: 375 US Gallons Fuel capacity: 375 US Gallons Max Fuel consumption @ 1800 rpm: 36.2 US Gallons/hr #N/A Max Fuel consumption @ 1600 rpm: 34.0 US Gallons/hr #N/A Weight (Dry): 14,850 lbs Weight (Dry): 00 lbs Weight (Wet): 17,550 lbs Weight (Wet): 00 lbs Dimensions: (L) 168" x (W) 79" x (H) 98"- Drawing14 Picture 102 84 Floodgate Road Reference number : 95-1119-3000 Bridgeport, NJ 08014 USA Date of issue : (856) 467-3636 . Fax (856) 467-4841 Issue : 3 Email: sales@godwinpumps.com © 2012 Xylem, Inc. All rights reserved. Godwin is a trademark of Xylem Dewatering Solutions, Inc., a wholly-owned subsidiary of Xylem Inc. Specifications and illustrations are subject to revision without notice. Xylem makes no representation regarding the completeness or accuracy of this information and is not liable for any direct or indirect damages arising from or relating to this information or its use. Pump casing & suction cover Cast steel BS3100 A5 Wearplates Cast Iron Chrome 1.0/1.5% Nickle 2% Non-return valve body Cast Iron Mechanical seal Double Mech seal; Tungsten carbide face; Viton elastomers; Stainless steel body - - - - Performance data provided in tables is based on water tests at sea level and 20°C ambient. All information is approximate and for general guidance only. Please contact the factory or office for further details. November 22, 2013 Performance data provided in tables is based on water tests at sea level and 20°C ambient. All information is approximate and for general guidance only. Please contact the factory or office for further details. Total Suction Head (feet) - www.godwinpumps.com Total Suction Head (feet) Pump Shaft Carbon steel BS 970 - 1991 817M40T Impeller Cast Steel BS3100 A5 Hardness to 200 HB Brinell 1800 rpm 1600 rpm 1400 rpm 1200 rpm 40% 60% 50%60%66% 69%69% 65% 60% 0 100 200 300 400 500 600 700 800 900 1000 1100 1200 1300 0 25 50 75 100 125 150 0 100 200 300 400 500 0 1000 2000 3000 4000 5000 6000 Flow (m³/hr) He a d ( m e t e r s ) He a d ( f e e t ) Flow (USGPM) Page 88 of 125 FERGUSON ENTERPRISES, INC. FERGUSON WATERWORKS #1106 4427 FACTORY HILL DRIVE SAN ANTONIO, TX 78219-2704 Phone: 210-333-2410 Fax: 210-333-2589 Deliver To: From:Daniel Shimek Comments: 12:00:16 JUL 17 2018 FERGUSON WATERWORKS #1105 Price Quotation Phone: 210-333-2410 Fax: 210-333-2589 Bid No:B407020 Bid Date:07/17/18 Quoted By:DSX Cust Phone:817-695-4200 Terms:NET 10TH PROX Customer:ARCHER WESTERN 218033-PASTOR PS IMPRO 1411 GREENWAY DRIVE IRVING, TX 75038 Ship To:ARCHER WESTERN 218033-PASTOR PS IMPRO 1411 GREENWAY DRIVE IRVING, TX 75038 Cust PO#:ADDER MATERIAL Job Name:218033-PASTOR PS IMPRO Page 1 of 1 Item Description Quantity Net Price UM Total STSDI2412 24X12 STL TAPN SLV F/ DI 2 1092.950 EA 2185.90 FFP12X 12X8'0 FLGXFLG CL BT DI SPL 2 862.670 EA 1725.34 BF12 12 DI C110 125# BLND FLG 2 156.000 EA 312.00 F912 12 DI 125# C110 FLG 90 BEND 1 344.800 EA 344.80 F412 12 DI 125# C110 FLG 45 BEND 1 291.200 EA 291.20 ALL MATERIAL IS IMPORT AND CEMENT LINED. Net Total:$4859.24 Tax:$0.00 Freight:$0.00 Total:$4859.24 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE CONTACT YOUR SALES REPRESENTATIVE IMMEDIATELY FOR ASSISTANCE WITH DBE/MBE/WBE/SMALL BUSINESS REQUIREMENTS. ARE NOT FIRM UNLESS NOTED OTHERWISE. http://wolseleyna.com/terms_conditionsSale.html. LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non-potable applications. Buyer is solely responsible for product selection. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at Govt Buyers: All items are open market unless noted otherwise. 3 $1034.40 $5,257.64 $5,257.64 Page 89 of 125 Drawing Number & Size 6798 (D)Rev.E Owner ch.prodeng Year 2012 Product Line RWGV Description 4"-24" H615 & H616 ASSEMBLY Part Numbers 6798 Sizes 4 6 8 10 12 14 16 18 20 24 ECOs 1606590 Key Words 4"-24" H615 & H616 ASSEMBLY Material NOTED IN TABLE Project Number N/A Page 90 of 125 By Charles Graham Hines at 1:04 pm, Nov 12, 2012 Page 91 of 125 6881 FM 2325 • W IMBERLEY, TX 78676 P HONE (512) 847-9725 FAX (512) 847-9735 Dallas • Houston • Austin •Biloxi To: Archer Western From: Michael Robertson Attn: Thor Benson mrobertson@municipalvalve.com Phone: 512-563-2669 Pages:1 Fax: Quote Date: July 16, 2018 Re: Georgetown Pastor PS Change Order Gate Valves Quote Expires: 30 days QUANTITY DESCRIPTION PER UNIT VALVE PRICING TOTAL VALVE PRICING 2 12” CLOW C515 Flanged RW NRS Gate Valve, 2” Direct Nut Operator – Same as gate valves already approved $1,558.00 $3,116.00 LEAD TIME 3 – 4 weeks PRE PAY & FREIGHT ESTIMATE Pre-Pay & Add Total Price $3,116.00 NOTE: PRICING DOES NOT INCLUDED INSTALLATION Payment Terms: Net 30 Days Prepared by: Michael Robertson mrobertson@municipalvalve.com All prices are quoted in United States Dollars, exclude applicable taxes, and are subject to credit approval. Page 92 of 125 City of Georgetown, Texas Utility System Advisory Board September 14, 2018 SUBJECT: Cons id eration and p o s s ib le rec o mmendatio n to approve the p urc hase o f Bio xide fro m Evo q ua Water Tec hno lo gies LLC o f Saras ota, F lo rid a, in an amo unt no t to exc eed $85,000.00, for Fis c al Year 2018/2019. -- David W. Tho mis o n, Water S ervic es Manager ITEM SUMMARY: In May 1998, Camp , Dres s er and McKee, Inc p erfo rmed a was tewater odor control s tudy. This study was p erfo rmed as a res ult of Hydrogen Sulfide (H2S) odor c o mp laints in c ertain areas of the City. The stud y evaluated d ifferent methods to mitigate the H2S problem with a rec ommend ation being made to us e Bio xide, a product patented by Evo q ua Water Tec hno lo gies. Sinc e July 1999, the City has succ es s fully used Bioxid e to c o ntro l odo r problems. Staff has determined that it is s till cons id ered the most effec tive metho d to mitigate the H2S problem in the c ollec tion s ys tem at this time. SPECIAL CONSIDERATIONS: Evo q ua Water Tec hnologies is a sole s o urc e p ro vider o f Bioxid e and is the o nly loc ation that bids will b e received and p ro c es s ed fo r Bioxid e. STAFF RECOMMENDATION: Staff rec o mmend s the p urc hase o f Bioxid e fro m Evoqua Water Technologies in an amo unt not to exceed $85,000.00. FINANCIAL IMPACT: Funds fo r this additio nal expend iture are availab le in the Water Services Bud get. Fund Actual Budget 660-5-0530-51-336 Services–Odor Contro l $85,000.00 $85,000.00 SUBMITTED BY: David W. Thomis on, Water Services Manager (s km) ATTACHMENTS: Description Type Price Letter Backup Material Safety Data Sheet Backup Material Page 93 of 125 Page 94 of 125 Page 95 of 125 Page 96 of 125 SAFETY DATA SHEET SECTION 1: PRODUCT AND COMPANY INFORMATION PRODUCT TYPE:Odor Control Solution PRODUCT NAME:Bioxide® COMPANY ID:Evoqua Water Technologies LLC 181 Thorne Hill Drive, Warrendale, PA 15086 TELEPHONE NUMBER:INFORMATION: CORPORATE 866.926.8420 MEDICAL EMERGENCY: CHEMTREC 800.424.9300 TRANSPORTATION EMERGENCY: CHEMTREC 800.424.9300 DATE PREPARED:22 May 2018 REVISION:3 SECTION 2:HAZARD(S) IDENTIFICATION HMIS RATINGS NFPA RATINGS GUIDE HEALTH 2 4 – EXTREME/SEVERE 3 – HIGH/SERIOUS 2 – MODERATE 1 - SLIGHT 0 – MINIMUM W – WATER REACTIVE OX - OXIDIZER FLAMMABILITY 0 PHYSICAL HAZARD 0 PERSONAL PROTECTION D PICTOGRAM SIGNAL WORD HAZARD STATEMENT DANGER Harmful if swallowed. Causes serious eye damage Classification: This material is considered hazardous by the OSHA Hazard Communication Standard (29 CFR 1910.1200). Acute Toxicity – Oral Category 4 Serious eye damage/eye irritation Category 1 PRECAUTIONARY STATEMENT(S) PREVENTION P264: Wash…..thoroughly after handling. P270: Do not eat, drink or smoke when using this product. P280: Wear protective gloves/protective clothing. P261: Avoid breathing dust/fume/gas/mist/vapors/spray. P271: Use only outdoors or in a well-ventilated area. RESPONSE P301+P312: IF SWALLOWED: Call a POISON CENTER/doctor/….if you feel unwell. P330: Rinse Mouth. P302+P352: IF ON SKIN: Wash with plenty of water. P332+P313: If skin irritation occurs: Get medical advice/attention. P362+P364: Take off contaminated clothing and wash it before reuse. 0 2 0 Page 97 of 125 SAFETY DATA SHEET Bioxide Date 11 Feb 2016 Rev: 2 Pages 2 of 5 P305+P351+P338: IF IN EYES: Rinse cautiously with water for 15 - 20 minutes. Remove contact lenses, if present and easy to do. Continue rinsing. P337+P313: If eye irritation persists: Get medical advice/attention. P304+P340: Remove person to fresh air and keep comfortable for breathing. P312: Call a POISON CENTER/doctor/….if you feel unwell. STORAGE P402: Store in a dry place. P403+P233: Store in a well-ventilated place. Keep container tightly closed. P404: Store in a closed container. P405: Store locked up. OTHER HAZARDS NONE SECTION 3:COMPOSITION/INFORMATION ON INGREDIENTS PERCENT BY WEIGHT COMMON NAME (Ingredient / Component) CAS NO.IMPURITIES 50-60 Ammonium Calcium Nitrate Double Salt 15245-12-2 none Balance Water 7732-18-5 none SECTION 4: FIRST-AID MEASURES NECESSARY FIRST AID INSTRUCTIONS INHALATION FIRST AID Remove affected person from area to fresh air. Give artificial respiration ONLY if breathing has stopped. Obtain medical attention if individual shows symptoms of exposure. SKIN CONTACT FIRST AID Immediately remove clothing from affected area and wash skin with flowing water and soap. Clothing must be washed before reuse. DO NOT instruct person to neutralize affected skin area. Obtain medical attention if irritation occurs. EYE CONTACT FIRST AID Immediately irrigate eyes with flowing water 15-20 minutes while holding eyes open. Contacts should be removed before or during flushing. DO NOT instruct person to neutralize. Obtain medical attention if irritation occurs. INGESTION FIRST AID:If victim is alert and not convulsing rinse mouth with water and give water to drink. Do not induce vomiting. If spontaneous vomiting occurs, have affected person lean forward with head down to maintain breathing passage. Obtain medical attention. DESCRIPTION OF MOST IMPORTANT SYMPTOMS No Additional Information Available RECOMMENDATIONS FOR IMMEDIATE MEDICAL CARE Treat Symptomatically. SECTION 5: FIRE-FIGHTING MEASURES SUITABLE EXTINGUISHING MEDIA Use an extinguishing media suitable for the surrounding fire. UNSUITABLE EXTINGUISHING MEDIA None SPECIFIC HAZARDS May support combustion at high temperature. PERSONAL PROTECTIVE EQUIPMENT In the event of fire, wear full protective clothing and NIOSH approved self-contained breathing apparatus with full face piece,operated in positive pressure mode. Page 98 of 125 SAFETY DATA SHEET Bioxide Date 11 Feb 2016 Rev: 2 Pages 3 of 5 SECTION 6: ACCIDENTAL RELEASE MEASURES PERSONAL PRECAUTIONS, PROTECTIVE EQUIPMENT AND EMERGENCY PROCEDURES PERSONAL PRECAUTIONS Handle in accordance with good industrial hygiene and safety practices. These practices include avoiding unnecessary exposure and removal of material from eyes, skin, and clothing. ENVIRONMENTAL PRECAUTIONS DO NOT DUMP ON THE GROUND OR INTO ANY BODY OF WATER. CONTAINMENT AND CLEAN-UP Mop up and containerize for subsequent recycling or disposal. Triple rinse empty containers with water prior to reconditioning. OTHER INFORMATION All disposal methods must be in compliance with all Federal, State, Local and Provincial laws, and regulations. Regulations may vary in different locations. Waste characterizations and compliance with applicable laws are the responsibility solely of the waste generator. SECTION 7: HANDLING AND STORAGE PRECAUTIONS FOR SAFE HANDLING Wash thoroughly after handling, immediately remove and dispose of any spillage. Immediately rinse contaminated clothing thoroughly with water. Rinse containers with water only. CONDITIONS FOR SAFE STORAGE Store in dry place at ambient temperatures apart from combustible and other readily oxidizable materials, food, beverage, and excessive heat. Rinse empty containers with water only. SECTION 8: EXPOSURE CONTROLS/PERSONAL PROTECTION ENGINEERING CONTROLS Adequate general and mechanical exhaust ventilation. RESPIRATORY PROTECTION None required under normal use conditions. If use conditions generate mists, wear a respirator with acid gas cartridges. SKIN PROTECTION Wear protective gloves and other protective clothing as appropriate to prevent skin contact. EYE/FACE PROTECTION Wear safety glasses with side shields. Wear chemical goggles if splashing is likely. EXPOSURE LIMITS/GUIDELINES No occupational exposure limits have been established for this material. RESULT OSHA 8 HR mg/m3 ACGIH TLV 8 HR mg/m3 PARTICULATES NOT OTHERWISE REGULATED (PNOR) PARTICULATES NOT OTHERWISE CLASSIFIED (PNOC) SECTION 9: PHYSICAL AND CHEMICAL PROPERTIES COLOR Clear, colorless to slightly turbid tan MOLECULAR WEIGHT NA ODOR None ODOR THRESHOLD None pH VALUE 5-8 VAPOR PRESSURE NA MELTING POINT NA VAPOR DENSITY Liquid FREEZING POINT ≤ -10 F (-23 C)RELATIVE DENSITY 1.39 – 1.48 @ 20 C INITIAL BOILING POINT 218 F – 221 F SOLUBILITY Complete FLASHPOINT NA PARTITION COEFFICIENT NA EVAPORATION RATE NA AUTO IGNITION TEMP.None FLAMMABILITY NA DECOMP.TEMP.NA UEL NA VISCOSITY NA LEL NA SECTION 10: STABILITY AND REACTIVITY REACTIVITY NA Page 99 of 125 SAFETY DATA SHEET Bioxide Date 11 Feb 2016 Rev: 2 Pages 4 of 5 CHEMICAL STABILITY Stable POSSIBILITY OF HAZARDOUS REACTIONS This product is incompatible with organic materials, reducing agents, chlorine or hypochlorite products, and caustic products. CONDITIONS TO AVOID Avoid evaporation to dryness. If allowed to dry, product residue is incompatible with flammable organic materials, reducing agents, and chlorine or hypochlorite products. This product is incompatible with caustic materials. HAZARDOUS DECOMPOSITION PRODUCTS Nitrogen oxides, ammonia SECTION 12: ECOLOGICAL INFORMATION California Title 22 Acute Toxicity Screening Protocol: Fish bioassay (96 hr.): Test concentration, ppm Survival, % 0 100 250 95 750 100 The products of biodegradation are non-toxic. This product does not show any bioaccumulation phenomena. SECTION 13: DISPOSAL CONSIDERATIONS SPILL/LEAK PROCEDURES Only properly protected personnel should remain in the spill area; dike and contain spill; absorb or scrape up excess into suitable container for disposal; wash area with water. Stop or reduce discharge if it can be done safely. CLEANUP Mop up and containerize for subsequent recycling or disposal. Triple rinse empty containers with water prior to reconditioning. REGULATORY REQUIREMENTS Generators of waste material are required to evaluate all waste for compliance with RCRA and any local disposal procedures and regulations. NOTE: State and local regulations may be more stringent than federal regulations. SECTION 11: TOXICOLOGICAL INFORMATION INHALATION ACUTE Spray or mist may irritate respiratory tract. CHRONIC There are no known chronic inhalation effects. SKIN ACUTE May irritate the skin. CHRONIC There are no known chronic dermal effects. EYE ACUTE May irritate the eyes. INGESTION ACUTE Ingestion of large amounts may cause violent gastroenteritis. CHRONIC There are no known chronic ingestion effects. LD50 >2000 mg/kg, oral (rat) LC50 Not applicable Acute Toxicity Estimate >3900 mg/kg CARCINOGENICITY/MUTAGENICITY There are no known carcinogenic or mutagenic properties REPRODUCTIVE EFFECTS There are no known reproductive effects NEUROTOXICITY There are no known neurotoxic effects OTHER EFFECTS No other effects are known TARGET ORGANS Target organs include skin and eyes Page 100 of 125 SAFETY DATA SHEET Bioxide Date 11 Feb 2016 Rev: 2 Pages 5 of 5 DISPOSAL Material that cannot be used, or reprocessed for use, and empty containers should be disposed of in accordance with all applicable regulations. Product containers should be thoroughly emptied before disposal. SECTION 14: TRANSPORT INFORMATION LAND – DOT UN/NA IDENTIFICATION NUMBER:Not Applicable to unused finished product UN-PROPER SHIPPING NAME:Not Applicable to unused finished product TRANSPORT HAZARD CLASS:Not Applicable to unused finished product PACKING GROUP:Not Applicable to unused finished product MARINE POLLUTANT:Not Applicable to unused finished product HAZARD CLASS:Not Applicable to unused finished product WATER – IMO/IMDG UN/NA IDENTIFICATION NUMBER:Not Applicable to unused finished product UN-PROPER SHIPPING NAME:Not Applicable to unused finished product TRANSPORT HAZARD CLASS:Not Applicable to unused finished product PACKING GROUP:Not Applicable to unused finished product MARINE POLLUTANT:Not Applicable to unused finished product AIR – ICAO/IATA For product quantities less than 0.5 Kg UN/NA IDENTIFICATION NUMBER:Not Applicable to unused finished product UN-PROPER SHIPPING NAME:Not Applicable to unused finished product TRANSPORT HAZARD CLASS:Not Applicable to unused finished product PACKING GROUP:Not Applicable to unused finished product MARINE POLLUTANT:Not Applicable to unused finished product SECTION 15: REGULATORY INFORMATION OSHA Hazard Communication Standard: This product is considered a hazardous chemical as defined by 29 CFR 1910.1200. OSHA Process Safety Standard: No CAA Section 112r: No CERCLA Section 103: No RQ: None SARA Section 302: No; SARA Section 304: No; SARA Section 313: Yes SARA HAZARD CATEGORIES 311/312 Immediate (acute) health hazard. TSCA The ingredients of this product are on the TSCA Inventory List. CALIFORNIA PROP. 65 This product contains a chemical (or chemicals) known to the State of California to cause cancer and birth defects or other reproductive harm. SECTION 16: OTHER INFORMATION DISCLAIMER:The information contained herein is based on data considered accurate. However, no warranty is expressed or implied regarding the accuracy of these data or the results to be obtained from the user thereof. It is the buyer’s responsibility to ensure that its activities comply with federal, state, provincial and local laws. REVISION INDICATOR:Revision 2: (This SDS replaces the former MSDS for this product pursuant to OSHA 1910.1200(g) Appendix D. The MSDS for this product should be considered obsolete). Page 101 of 125 City of Georgetown, Texas Utility System Advisory Board September 14, 2018 SUBJECT: Consideration and p o ss ible rec ommendation to award a c o ntract for Was tewater Treatment P lant lab oratory s ervic es for the regulatory tes ting to Pollutio n Control S ervic es (P CS ), o f Univers al City, Texas , in an es timated amount o f $74,508.00. – David W. Thomison, Water Servic es Manager ITEM SUMMARY: T he purpo s e o f this bid is to p rovide was tewater laboratory s ervic es as p art o f the p lant operations. (4) Bids were rec eived. Lowest b id items were reviewed fo r complianc e with the s p ec ificatio ns and reference checks were p erformed . The term of c o ntract: F o r o ne (1) year and may be renewed for four (4) o ne-year p eriods up on review and ap p roval b y the City. STAFF RECOMMENDATIONS: Upon review o f the b ids it is reco mmended the follo wing c ontrac t agreement fo r was tewater lab oratory s ervic es b e awarded to (PCS) Pollution Co ntrol S ervic es for the fo llowing: Laboratory Services for the following wastewater facilities: o S an Gabriel Was tewater Treatment Plant o Berry Creek Wastewater Treatment Plant o Do ve Springs Was tewater Treatment P lant o Pec an Branc h Was tewater Treatment P lant o Cimarron Hills Wastewater Treatment Plant FINANCIAL IMPACT: T he total c os t is the projec ted cos t for wastewater lab o rato ry servic es. Fund s fo r this exp end iture are availab le in the was tewater b ud get. F und 660-5-0531-51-320 Annual Bud get $90,000.00 SUBMITTED BY: David W. Tho mis o n, Water Services Manager (s km) ATTACHMENTS: Description Type Recommendation letter Backup Material Bid Tab Backup Material Solicitation Summary Backup Material Page 102 of 125 Page 1 of 1 Solicitation Award Recommendation From: Deborah Knutson, CPPB – Senior Buyer, Purchasing Date: September 5, 2018 Re: Recommendation for Solicitation # 201843 – Wastewater Laboratory Services SUMMARY: The City’s current contract for Wastewater Laboratory Services was not renewed on October 1, 2018 due to a change in the scope of services. Therefore, a formal solicitation was issued for the following locations: San Gabriel Wastewater Treatment Plant, Dove Springs Wastewater Treatment Plant, Cimarron Hills Wastewater Treatment Plant, Berry Creek Wastewater Treatment Plant, and Pecan Branch Wastewater Treatment Plant. The solicitation was posted on the City’s E-Bidding system on July 29, 2018. 270 vendors were invited to bid. There were 40 HUB vendors from the City’s bid system invited and 10 Georgetown vendors. Four (4) bids were received. The bidder’s response with the lowest price, contained an alternate method for picking up of samples. The alternate method was reviewed and due to risk to the City, was determined to not be in the best interest of the City’s wastewater plant operations. The bids were evaluated for best value and compliance with the specifications, and reference checks were performed. The Contract term: Initial term effective from the date of acceptance and approval and remain in full force and effect for one (1) year, with a renewal term of four (4) additional one-year terms for a total contract term of five (5) years. Pricing will be firm for the initial term, with the option for unit price adjustment at renewal term, requested in writing, and be no more than 5% increase per renewal period and shall be based on the Consumer Price Index or the Producer Price Index. RECOMMENDATION: Upon review of the bids received it is recommended that the following be awarded: • Pollution Control Services (PCS) Chuck Wallgren 1532 Universal City Boulevard, Suite 100 Universal City, Texas 78148 Telephone #: 210-340-0343 Facsimile #: 210-658-7903 E-Mail: chuck@pcslab.net • Bid Pricing o San Gabriel WWTP: $ 26,664.00 annually o Dove Springs WWTP: $ 15,016.00 annually o Cimarron Hills WWTP: $ 6,436.00 annually o Berry Creek WWTP: $ 11,584.00 annually o Pecan Branch WWTP: $ 14,808.00 annually Estimated Total: $ 74,508.00 Note: The estimated total is dependent on TCEQ requirements and wastewater plant permit requirements for wastewater testing and can change annually. Page 103 of 125 Solicitation Tabulation FOR REFERENCE ONLY - This document summarizes proposals received and some key pieces of information which may be located with a brief examination of the proposals, and is not intended to replace a complete detailed evaluation of each proposal.1 Bid Invitation No. / Title: 201647: Wastewater Laboratory Services Department/Division: GUS / Water Department Bid Opening Date: July 20, 2016 @ 2:00 PM (CST) Item #Description Unit Price Per Test Annual Price Per Test Unit Price Per Test Annual Price Per Test Unit Price Per Test Annual Price Per Test Unit Price Per Test Annual Price Per Test 1.Influent Grab - BOD 1/week $ 22.00 $ 1,144.00 $ 23.00 $ 1,196.00 $ 30.00 $ 1,560.00 $ 15.00 $ 60.00 2.Influent Grab - TSS 1/week $ 15.00 $ 780.00 $ 19.00 $ 988.00 $ 15.00 $ 780.00 $ 8.00 $ 36.00 3.Effluent 24-Hr Comp - CBOD $ 22.00 $ 2,288.00 $ 23.00 $ 2,392.00 $ 30.00 $ 3,120.00 $ 16.00 $ 192.00 4.Effluent 24-Hr Comp - BOD $ 22.00 $ 2,288.00 $ 23.00 $ 2,392.00 $ 30.00 $ 3,120.00 $ 15.00 $ 120.00 5.Effluent 24-Hr Comp - TSS $ 15.00 $ 1,560.00 $ 19.00 $ 1,976.00 $ 15.00 $ 1,560.00 $ 8.00 $ 64.00 6.Effluent 24-Hr Comp - Ammonia $ 15.00 $ 1,560.00 $ 22.00 $ 2,288.00 $ 15.00 $ 1,560.00 $ 17.00 $ 136.00 7.Effluent 24-Hr Comp - Total P. $ 25.00 $ 2,600.00 $ 26.00 $ 2,704.00 $ 15.00 $ 1,560.00 $ 15.00 $ 120.00 8.Effluent 24-Hr Comp - Nitrate-Nitrogen $ 25.00 $ 2,600.00 $ 20.00 $ 2,080.00 $ 15.00 $ 1,560.00 $ 10.00 $ 80.00 9.Effluent 24-Hr Comp - Heptachlor $ 100.00 $ 5,200.00 $ 95.00 $ 4,940.00 $ 60.00 $ 3,120.00 $ 75.00 $ 300.00 10.Effluent 24-Hr Comp - Ethyl Parathion $ 100.00 $ 5,200.00 $ 95.00 $ 4,940.00 $ 60.00 $ 3,120.00 $ 85.00 $ 340.00 11.Reuse Grab - CBOD $ 22.00 $ 1,144.00 $ 23.00 $ 1,196.00 $ 30.00 $ 1,560.00 $ 16.00 $ 64.00 12.VSS 1/month $ 25.00 $ 300.00 $ 19.00 $ 228.00 $ 25.00 $ 300.00 $ 12.00 $ 48.00 13.Influent Grab - BOD 1/week $ 22.00 $ 1,144.00 $ 23.00 $ 1,196.00 $ 30.00 $ 1,560.00 $ 15.00 $ 60.00 14.Influent Grab - TSS 1/week $ 15.00 $ 780.00 $ 19.00 $ 988.00 $ 15.00 $ 780.00 $ 8.00 $ 36.00 15.Effluent 24-Hr Comp - CBOD $ 22.00 $ 2,288.00 $ 23.00 $ 2,392.00 $ 30.00 $ 3,120.00 $ 16.00 $ 128.00 16.Effluent 24-Hr Comp - BOD $ 22.00 $ 2,288.00 $ 23.00 $ 2,392.00 $ 30.00 $ 3,120.00 $ 15.00 $ 120.00 17.Effluent 24-Hr Comp - TSS $ 15.00 $ 1,560.00 $ 19.00 $ 1,976.00 $ 15.00 $ 1,560.00 $ 8.00 $ 64.00 18.Effluent 24-Hr Comp - Ammonia $ 15.00 $ 1,560.00 $ 22.00 $ 2,288.00 $ 15.00 $ 1,560.00 $ 17.00 $ 136.00 19.Effluent 24-Hr Comp - Total P. $ 25.00 $ 2,600.00 $ 26.00 $ 2,704.00 $ 15.00 $ 1,560.00 $ 15.00 $ 120.00 20.Effluent 24-Hr Comp - Mercury $ 24.00 $ 2,496.00 $ 36.00 $ 3,744.00 $ 25.00 $ 2,600.00 $ 18.00 $ 144.00 21.VSS 1/month $ 25.00 $ 300.00 $ 19.00 $ 228.00 $ 25.00 $ 300.00 $ 12.00 $ 12.00 $ 820.00 B&A Laboratories, Inc., DBA XENCO Laboratories $ 27,320.00 $ 17,908.00 Auta-Tech Laboratories, Inc. $ 22,920.00 $ 1,560.00 Technical Testing International, LLC dba TTI Labs $ 16,160.00 $ 15,016.00 Total Annual Price for San Gabriel WWTP: Dove Springs WWTP Cimarron Hills WWTP Total Annual Price for Dove Springs WWTP: San Gabriel WWTP Pollution Control Services (PCS) $ 26,664.00 Page 104 of 125 Solicitation Tabulation FOR REFERENCE ONLY - This document summarizes proposals received and some key pieces of information which may be located with a brief examination of the proposals, and is not intended to replace a complete detailed evaluation of each proposal.2 Bid Invitation No. / Title: 201647: Wastewater Laboratory Services Department/Division: GUS / Water Department Bid Opening Date: July 20, 2016 @ 2:00 PM (CST) Item #Description Unit Price Per Test Annual Price Per Test Unit Price Per Test Annual Price Per Test Unit Price Per Test Annual Price Per Test Unit Price Per Test Annual Price Per Test B&A Laboratories, Inc., DBA XENCO Laboratories Auta-Tech Laboratories, Inc. Technical Testing International, LLC dba TTI Labs Pollution Control Services (PCS) 22.Influent Grab - BOD 1/week $ 22.00 $ 1,144.00 $ 23.00 $ 1,196.00 $ 30.00 $ 1,560.00 $ 15.00 $ 60.00 23.Influent Grab - TSS 1/week $ 15.00 $ 780.00 $ 19.00 $ 988.00 $ 15.00 $ 780.00 $ 8.00 $ 36.00 24.Reuse Grab - CBOD $ 22.00 $ 2,288.00 $ 23.00 $ 2,392.00 $ 30.00 $ 3,120.00 $ 16.00 $ 128.00 25.Reuse Grab - BOD $ 22.00 $ 1,144.00 $ 23.00 $ 1,196.00 $ 30.00 $ 1,560.00 $ 15.00 $ 60.00 26.Reuse Grab - TSS $ 15.00 $ 780.00 $ 19.00 $ 988.00 $ 15.00 $ 780.00 $ 8.00 $ 36.00 27.VSS 1/month $ 25.00 $ 300.00 $ 19.00 $ 228.00 $ 25.00 $ 300.00 $ 12.00 $ 12.00 28.Influent Grab - BOD 1/week $ 22.00 $ 1,144.00 $ 23.00 $ 1,196.00 $ 30.00 $ 1,560.00 $ 15.00 $ 60.00 29.Influent Grab - TSS 1/week $ 15.00 $ 780.00 $ 19.00 $ 988.00 $ 15.00 $ 780.00 $ 8.00 $ 36.00 30.Effluent Grab - CBOD $ 22.00 $ 1,144.00 $ 23.00 $ 1,196.00 $ 30.00 $ 1,560.00 $ 16.00 $ 64.00 31.Effluent Grab - BOD $ 22.00 $ 1,144.00 $ 23.00 $ 1,196.00 $ 30.00 $ 1,560.00 $ 15.00 $ 60.00 32.Effluent Grab - TSS $ 15.00 $ 780.00 $ 19.00 $ 988.00 $ 15.00 $ 780.00 $ 8.00 $ 36.00 33.Effluent Grab - Ammonia $ 15.00 $ 780.00 $ 22.00 $ 1,144.00 $ 15.00 $ 780.00 $ 17.00 $ 68.00 34.Effluent Grab - Total P. $ 25.00 $ 1,300.00 $ 26.00 $ 1,352.00 $ 15.00 $ 780.00 $ 15.00 $ 60.00 35.Reuse Grab - CBOD $ 22.00 $ 2,288.00 $ 23.00 $ 2,392.00 $ 30.00 $ 3,120.00 $ 16.00 $ 128.00 36.Reuse Grab - BOD $ 22.00 $ 1,144.00 $ 23.00 $ 1,196.00 $ 30.00 $ 1,560.00 $ 15.00 $ 60.00 37.Reuse Grab - TSS $ 15.00 $ 780.00 $ 19.00 $ 988.00 $ 15.00 $ 780.00 $ 8.00 $ 36.00 38.VSS 1/month $ 25.00 $ 300.00 $ 19.00 $ 228.00 $ 25.00 $ 300.00 $ 12.00 $ 12.00 39.Influent Grab - BOD 1/week $ 22.00 $ 1,144.00 $ 23.00 $ 1,196.00 $ 30.00 $ 1,560.00 $ 15.00 $ 60.00 40.Influent Grab - TSS 1/week $ 15.00 $ 780.00 $ 19.00 $ 988.00 $ 15.00 $ 780.00 $ 8.00 $ 36.00 41.Effluent 24-Hr Comp - CBOD $ 22.00 $ 2,288.00 $ 23.00 $ 2,392.00 $ 30.00 $ 3,120.00 $ 16.00 $ 128.00 42.Effluent 24-Hr Comp - BOD $ 22.00 $ 2,288.00 $ 23.00 $ 2,392.00 $ 30.00 $ 3,120.00 $ 15.00 $ 120.00 43.Effluent 24-Hr Comp - TSS $ 15.00 $ 1,560.00 $ 19.00 $ 1,976.00 $ 15.00 $ 1,560.00 $ 8.00 $ 64.00 $ 332.00 $ 620.00 $ 6,988.00 $ 12,864.00 $ 8,100.00 $ 13,560.00 Berry Creek WWTP Pecan Branch WWTP Total Annual Price for Cimarron Hills WWTP: Total Annual Price for Berry Creek WWTP: $ 6,436.00 $ 11,584.00 Page 105 of 125 Solicitation Tabulation FOR REFERENCE ONLY - This document summarizes proposals received and some key pieces of information which may be located with a brief examination of the proposals, and is not intended to replace a complete detailed evaluation of each proposal.3 Bid Invitation No. / Title: 201647: Wastewater Laboratory Services Department/Division: GUS / Water Department Bid Opening Date: July 20, 2016 @ 2:00 PM (CST) Item #Description Unit Price Per Test Annual Price Per Test Unit Price Per Test Annual Price Per Test Unit Price Per Test Annual Price Per Test Unit Price Per Test Annual Price Per Test B&A Laboratories, Inc., DBA XENCO Laboratories Auta-Tech Laboratories, Inc. Technical Testing International, LLC dba TTI Labs Pollution Control Services (PCS) 44.Effluent 24-Hr Comp - Ammonia $ 15.00 $ 1,560.00 $ 22.00 $ 2,288.00 $ 15.00 $ 1,560.00 $ 17.00 $ 136.00 45.Effluent 24-Hr Comp - Total P. $ 25.00 $ 2,600.00 $ 26.00 $ 2,704.00 $ 15.00 $ 1,560.00 $ 15.00 $ 120.00 46.Reuse Grab - CBOD $ 22.00 $ 2,288.00 $ 23.00 $ 2,392.00 $ 30.00 $ 3,120.00 $ 16.00 $ 248.00 47.VSS 1/month $ 25.00 $ 300.00 $ 19.00 $ 228.00 $ 25.00 $ 300.00 $ 12.00 $ 12.00 48.TCLPs (5/yr @) $ 595.00 $ 2,975.00 $ 794.00 $ 475.00 $ 400.00 $ 2,000.00 49.Soil Analyses (6/yr @) $ 199.00 $ 1,194.00 $ 120.00 $ 115.00 $ 65.00 $ 390.00 50.Stormwater Analyses (4/yr @) $ 199.00 $ 796.00 $ 241.00 $ 135.00 $ 65.00 $ 260 to $ 780 $ 77,420.00 * Alternate pickup method provided for all Samples. $ 4,256.00 $ 924.00 Infrequent samples and testing may be requrested on a case-by-case basis. Provide Unit price cost per test for the following: $ 16,680.00 $ 81,636.00 Total Annual Price for Pecan Branch WWTP: $ 14,808.00 $ 16,556.00 GRAND TOTAL: $ 74,508.00 Page 106 of 125 ITB No. and Name: 201843: Wastewater Laboratory Services Division: GUS - Water Services Opening Date: Tues., August, 28, 2018 @ 2:00 PM (CST) Solicitation and Evaluation Summary Evaluation Category Description Max Pts. Pollution Control Services (PCS) Universal City, TX TTI LABS Arlington, TX Aqua-Tech Laboratories, Inc. Bryan, TX Xenco Laboratories Stafford, TX Pricing (50 points)50 50.00 48.12 45.63 Business History and Experience (20 points)20 19.50 18.50 19.00 Quality of Services (30 points)30 29.50 26.50 30.00 Total Score:100 99.00 93.12 94.63 Recommendation: Pollution Control Services (PCS) Bid Notes: 1. Invitations sent to 270 Vendors 2. 3.73 % Georgetown vendors (10) 3. 14.93 % HUB vendors (40) 4. Sent to 2 CMBL HUB Vendors 5. Initial term - one year from CC approval 6. Renewals - four (4) one (1) year renewals 7. Bid Best Value Evaluation (Water Services) 8. Reference checks by D. Knutson * Alternate pick up method proposed is not in the best interest of the City. Page 107 of 125 City of Georgetown, Texas Utility System Advisory Board September 14, 2018 SUBJECT: Consideration and p o ss ible rec ommendation to approve the p roc urement renewal fo r Water and Wastewater Treatment Plant c hemical’s to Brenntag S o uthwes t, Inc ., in an es timated amount of $348,157.60. – David T ho miso n, Water Services Manager ITEM SUMMARY: T he purpo s e o f this proc urement is to pro vide water and was tewater treatment chemic als as part of the plant o perations treatment req uirements. Four (4) b id s were received. T he term o f contrac t: For one (1) year and may b e renewed fo r four (4) o ne-year periods up o n review and app roval by the City. The agreement b egan Oc tober 2016 and will exp ire Octob er 2021. T his is the second renewal of the agreement. STAFF RECOMMENDATIONS: Staff reco mmends app roval of the sec o nd renewal of the annual pro c urement to Brenntag S outhwes t Inc . fo r each item or lo t as appro priate., in an es timated amo unt of $348,157.60. FINANCIAL IMPACT: T he total annual c o st is the pro jected c ost o f c hemicals up o n his to ric al treatment proc es s vo lume. Fund s for this additional expenditure are available in the water was tewater treatment b ud get. Fund Annual Budget 660-5-0529-51-149 Chemicals $520,000.00 660-5-0531-51-149 Chemicals $95,000.00 To tal Co mb ined $615,000.00 SUBMITTED BY: David Thomis on, Water S ervic es Manager (s km) ATTACHMENTS: Description Type Renewal Agreement Backup Material Attachment A Backup Material Page 108 of 125 1 Renewal No. 2 to the Agreement between Brenntag Southwest, Inc. and the City of Georgetown, Texas This is the Second Renewal (“Second Renewal”) of the Agreement between Brenntag Southwest, Inc. and the City of Georgetown, Texas entered into on October 1, 2016, for Water and Wastewater Treatment Chemicals (“Agreement”). WHEREAS, on October 1, 2016, the City and Brenntag Southwest, Inc. entered into the Agreement; WHEREAS, the Agreement included four one-year renewal periods; WHEREAS, the Agreement was renewed on October 1, 2017 for the first renewal period; WHEREAS, the Parties desire to renew the Agreement for the second renewal price and establish the prices for the water and wastewater treatment chemicals during the second renewal period; NOW THEREFORE, in consideration for the mutual benefits to be derived by the parties from this Amendment and other good and valuable consideration, the City and Brenntag Southwest, Inc. agree as follows: 1. The Parties agree to renew the Agreement for a second renewal term which will begin immediately upon the expiration of the current term and will end on September 30, 2019. 2. During the Second Renewal term, the prices shown in Exhibit A, attached hereto, shall apply to the water and wastewater treatment chemicals. 3. 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. 4. 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 109 of 125 2 Brenntag Southwest, Inc. CITY OF GEORGETOWN By: By: Printed Name:__________________________________ Authorized Representative Title:____________________________________ Date:____________________________________ Dale Ross, Mayor Date:__________________________________ Approved as to Form: ______________________________________ Charlie McNabb, City Attorney Attest: ______________________________________ Shelley Nowling, City Secretary. Page 110 of 125 Blanket Purchase Order 3700B003 - Brenntag Southwest, Inc. ITB No. 201638 - Water and Wastewater Treatment Chemicals No. Bid Line Item No. & Treatment Plant Annual Estimated Quantity Unit Current Unit Price Current Extended Price %5 increase to unit price New Unit Price New Extended Price 1 2 - Lake WTP Aqualum 3004 7,000.00 Gal 5.9066$ 41,346.20$ 0.30$ 6.20$ 43,413.51$ 2 3 - Lake WTP Aluminum sulfate 48%152,736.00 Gal 0.5741$ 87,685.74$ 0.03$ 0.60$ 92,070.02$ 3 4 - Lake WTP Liquid Ammonium Sulfate 10%32,829.00 Gal 0.8583$ 28,177.13$ 0.04$ 0.90$ 29,585.99$ 4 5- Lake WTP Sodium Permanganate 40%64.00 Drum 959.3321$ 61,397.25$ 47.97$ 1,007.30$ 64,467.12$ 5 7 - Park WTP Liquid Ammonium Sulfate 10%12,500.00 Gal 0.8583$ 10,728.75$ 0.04$ 0.90$ 11,265.19$ 6 9 - Park WTP Aluminum sulfate 48%4,811.00 Gal 0.5741$ 2,762.00$ 0.03$ 0.60$ 2,900.09$ 7 10 - South Side WTP Liquid Ammonium Sulfate 10%23,308.00 Gal 0.8583$ 20,005.26$ 0.04$ 0.90$ 21,005.52$ 8 12 - Domel Ground WTP Chlorine Gas 168.00 Cylinder 98.0000$ 16,464.00$ 4.90$ 102.90$ 17,287.20$ 9 13 - Doeml Ground WTP Liquid Ammonium Sulfate 10%6,000.00 Gal 1.9115$ 11,469.00$ 0.10$ 2.01$ 12,042.45$ 10 15 - Pecan Branch WWTP Sodium Hypochlorite 12.5%1,226.00 Gal 1.0700$ 1,311.82$ 0.05$ 1.12$ 1,377.41$ 11 16 - Pecan Branch WWTP Aluminum sulfate 48%37,407.00 Gal 0.5741$ 21,475.36$ 0.03$ 0.60$ 22,549.13$ 12 20 - Cimarron Hills WWTP Sodium Hypochlorite 12.5%2,953.00 Gal 1.0700$ 3,159.71$ 0.05$ 1.12$ 3,317.70$ 13 21 - Berry Creek WWTP Sodium Hypochlorite 12.5%8,535.00 Gal 1.0700$ 9,132.45$ 0.05$ 1.12$ 9,589.07$ 14 22 - Stonewall PS Chlorine Gas 60.00 Cylinder 98.0000$ 5,880.00$ 4.90$ 102.90$ 6,174.00$ 15 23 - Pastor PS Chlorine Gas 60.00 Cylinder 98.0000$ 5,880.00$ 4.90$ 102.90$ 6,174.00$ 16 24 - Hoover PS Chlorine Gas 48.00 Cylinder 98.0000$ 4,704.00$ 4.90$ 102.90$ 4,939.20$ Current Estimated Annual Total: 331,578.66$ New Estimated Annual Total: 348,157.60$ Attachment A Page 111 of 125 City of Georgetown, Texas Utility System Advisory Board September 14, 2018 SUBJECT: Cons id eration and p o s s ib le rec o mmendation to renew the agreement with Sherid an Environmental for s ludge and bio -s o lid s transport and disposal s ervices fo r an estimated amount of $530,000.00. – David Thomison, Water S ervic es Manager ITEM SUMMARY: The p urpose of this renewal is to provid e sludge and bio-solids trans p o rt for d is p o s al as p art o f the water/was tewater plant o p erations . The agreement began Octo b er 1, 2016 and will end Octo b er 1, 2021. The term o f the agreement: F o r one (1) year and may b e renewed each year upon review and ap p ro val b y the City. STAFF RECOMMENDATION: Staff rec o mmend s the renewal of the annual p ro c urement for s ervic es provided b y Sherid an Environmental fo r the hand ling and d is p o s al of s ludge. FINANCIAL IMPACT: Funds fo r this additio nal expend iture will imp ac t the Water Services Budget. The total ac tual c os t is the projec ted cost of s lud ge hand ling and disposal bas ed o n histo rical treatment p ro cess volume. C o s t o f the s ludge to transp o rt and d is p o s al will be funded fro m the water and wastewater plant operatio ns fund . Fund Annual Budget Water Slud ge Dis p o s al 660-5-0529-51-610 $110,000.00 Was tewater S ludge Dis p o s al 660-5-0531-51-610 $420,000.00 Combined Total Bud get $530,000.00 SUBMITTED BY: David Tho mis on Water S ervic es Manager (s km) Page 112 of 125 City of Georgetown, Texas Utility System Advisory Board September 14, 2018 SUBJECT: Cons id eration and p o s s ib le rec o mmendation to approve a contrac t with Leo p o ld , a s ub s id iary o f Xylem, Inc . fro m Zelieno p le, PA fo r the rep lacement of the Lake Water Treatment Plant filter numb er four in the ap p ro ximate amo unt o f $56,269.00. -- David W. T homison, Water Services Manager ITEM SUMMARY: The und erd rain is c ons tructed of multip le prec is ely engineered bloc ks covered b y an eq ually spec ific p erfo rated mat. A facto ry rep res entative evaluated the sys tem and gave filter o p erating p arameters to indic ate when the filter med ia and c ap s need to b e replac ed before failure. It was confirmed that filter #4 is s howing signs that it will be the next to fail s inc e it is c urrently operating outs id e rec o mmended p res s ures. This s ystem, whic h b y regulation mus t b e rep lac ed b y an id entical p ro d uc t, c an only b e obtained via a sole s o urc e (Leo pold, a s ubs idiary of Xylem). The total quoted pric e includ es Vendor o vers ite and materials related to removal of the exis ting and installation of mat/c ap , and new anthracite med ia, the required overs ight and c ertific ation by Leo p o ld . SPECIAL CONSIDERATIONS: Xylem, Inc . is a s ole s o urc e provid er of Leo p o ld parts and is the only lo cation that bids will b e rec eived fo r the rep lacement of Filter number two . STAFF RECOMMENDATION: Staff rec o mmend s award ing the capital replac ement o f the Lake Water Treatment P lant filter number fo ur to Xylem, Inc . in the ap p ro ximate amount of $56,269.00. FINANCIAL IMPACT: Funds fo r this additio nal expend iture will imp ac t the Water Services Budget. Fund Ac tual Budget 660-5-0529-52-165 Water Servic e- Plant Upgrad e $56,269.00.00 $420,000.00 SUBMITTED BY: David W. Thomis on, Water Services Manager (s km) ATTACHMENTS: Description Type Sole Source letter Backup Material Quote Backup Material Page 113 of 125 227 South Division Street Zelienople, PA 16063 Tel: 724/453-2062 Fax: 724/452-1377 To: Mike Welch City Georgetown, TX Mike, In response to your recent request, Xylem Water Solutions U.S.A., Inc. respectfully presents the following information. Leopold, a Xylem brand, is the Sole Source supplier of the Type S Underdrain equipment, I.M.S 200 media retainer and inspection services required for filter #2. Leopold, a Xylem brand, is the manufacturer and markets the product direct to municipalities and general contractors through this office and our representatives. The existing air header pipe in the filter is compatible with the Type S underdrain and can be reuse on the filter replacement if required. We trust this information meets with your requirements. Should you have any questions or require additional information, please do not hesitate to contact us. Best regards, Bruce Wolfe Senior Sales Engineer Page 114 of 125 Firm Proposal Lake WTP Georgetown, TX Prepared for: City of Georgetown 7-24-18 Page 115 of 125 Xylem Water Solutions USA, Inc. 227 S. Division St. Zelienople, PA 16063 Mr. Bruce Wolfe Direct: 724-453-2062 Mobile: 724-504-0366 Email: bruce.wolfe@xyleminc.com 7-24-18 Project name : Georgetown, TX Project number : I18410 City of Georgetown: Based on your inquiry, we are pleased to forward the following proposal to your attention. Thank you for the opportunity to offer our equipment and services for the Georgetown, TX, Lake WTP project. We hope that our proposal comes up to your expectation. If you have any questions please do not hesitate to contact me or our local representative. Respectfully, Bruce Wolfe Senior Sales Engineer Page 116 of 125 Project number: I18410 Page 3 of 11 Date: July 24, 2018 Revision no.: 0 Table of Content 1 Technical Description .............................................................................................. 4 1.1 Scope of Supply ......................................................................................................... 4 1.2 Services ..................................................................................................................... 5 2 Price & Scope of Supply .......................................................................................... 5 2.1 Main Scope ................................................................................................................ 5 3 Commercial Terms & Conditions ............................................................................ 7 3.1 Delivery schedule ....................................................................................................... 7 3.2 T&C’s for proposal ..................................................................................................... 7 Page 117 of 125 Project number: I18410 Page 4 of 11 Date: July 24, 2018 Revision no.: 0 1 Technical Description 1.1 SCOPE OF SUPPLY We are pleased to offer the following materials and services by Xylem Water Solutions USA, Inc. I.M.S® 200 MEDIA RETAINER: Under this section, we propose to furnish 220 square feet of I.M.S® 200 media retainer. The scope includes molded thermoplastic I.M.S® 200 media retainer, sealant and 316 SS securement hardware to be field installed onto the existing Leopold Universal Type S Underdrain block in the field. FILTER MEDIA: One (1) filter cell, 220 square feet 900 cubic feet FILTER ANTHRACITE – 48” Depth plus 1” skimming allowance Effective Size: 1.00 mm to 1.10 mm Uniformity coefficient: 1.40 22.5 Tons in 3000 lb super bags I.M.S® 200 INSTALLATION The underdrain system shall be installed by the contractor (Blackcastle - General Contractor) with instruction for a Leopold service representative. Installation shall include: Inclusion: Labor and equipment Demo and removal of the existing IMS Cap Removal of the 45 degree filet around the perimeter of the filter. Placement of the IMS 200 media retainer (provided by Leopold) Installation of the IMS 200 under the guidance of Leopold service representative Replacement of the 45degree filet around the perimeter of the filter. Exclusions: Removal, replacement and disinfection of the filter media. Media Installation (by owner) 1. Owner shall remove the existing filter media. 2. Owner Install 49” of filter anthracite provided by Leopold. 3. Upon completion of the anthracite installation the owner shall backwash each filter cell until the anthracite is clean. Page 118 of 125 Project number: I18410 Page 5 of 11 Date: July 24, 2018 Revision no.: 0 4. Owner shall then drain the water from each filter cell to below the anthracite surface. 5. Owner shall then perform a skimming on the anthracite to remove any fines that may be present. Finished depth shall be no less than (48”) 1.2 SERVICES MANUFACTURER'S SERVICES (FILTER EQUIPMENT): The services of a qualified Leopold technical representative to instruct the Contractor's personnel about the proper installation technique of the filter equipment will be provided for a period of two (2) days (8 hr/day) on site plus two (2) days travel time to and from the job-site in one (1) trips. Additional services may be obtained at the current prevailing rate plus living and travel expenses. 2 Price & Scope of Supply 2.1 MAIN SCOPE BASIS of PRICING: Any items and/or accessories not specifically called out in this quotation must be construed as being furnished by others. This quotation is considered firm for 90 days. Orders received more than 90 days after the date of this quotation is reviewed by Xylem Water Solutions USA, Inc before acceptance and is subject to changes in prices or delivery depending on conditions existing at the time of entry. Quoted prices are firm for delivery within 12 months from the delivery date stipulated in the plans & specifications or mutually agreed upon by Xylem Water Solutions USA, Inc. and Purchase Order issuer at time of order placement. We do not include any applicable taxes. Orders resulting from this quotation should be addresses to Xylem Water Solutions USA, Inc. 227 S. Division St., Zelienople, PA, 16063, USA. We propose to furnish the material described in this document for a total selling price of $56,269.00. All prices are DAP Job Site. Page 119 of 125 Project number: I18410 Page 6 of 11 Date: July 24, 2018 Revision no.: 0 For further information pertaining to the equipment contained in this proposal, please contact our area representative, who is: Environmental Improvements, Inc 235 Trademark Drive Buda, TX 78610 Phone: (512) 295-3733 Attention: Brian Phenegar Pricing is based on the following payment terms (net 30 days): 10% following initial submittal for approval 80% following the date of the respective shipments of the product 5% following installation, not to exceed 150 days after shipment of the product (whichever comes first) 5% following start-up, not to exceed 180 days after shipment of the product (whichever comes first) Page 120 of 125 Project number: I18410 Page 7 of 11 Date: July 24, 2018 Revision no.: 0 3 Commercial Terms & Conditions 3.1 DELIVERY SCHEDULE 3.1.1 Production schedule Submittal of mechanical drawings for approval 2 to 3 weeks after order acceptance. 3.1.2 Delivery time Delivery of IMS200 and filter media 4 to 6 weeks after drawing approval. FILTER MEDIA WARRANTY (if applicable): SELLER warrants that its filter media products will meet the standards established by the latest edition of AWWA (American Water Works Association) B100. SELLER shall be responsible for verifying that the filter media meets or exceeds the AWWA B100 Standard at the point of sale. Testing shall be by an independent laboratory, which regularly performs testing of filter media. BUYER shall notify Xylem Water Solutions USA, Inc. immediately upon discovery of any defective product. The SELLER shall have the right to inspect said product and BUYER shall, if requested, return the defective product to the SELLER with transportation prepaid. NO LIABILITY IS ASSUMED BY THE SELLER UNDER ANY CIRCUMSTANCES FOR LABOR, MATERIAL OR OTHER COSTS ASSOCIATED WITH THE REMOVAL OR REPLACEMENT OF MEDIA UNLESS PREVIOUSLY APPROVED IN WRITING BY AN AUTHORIZED EMPLOYEE OF THE SELLER. 3.2 T&C’S FOR PROPOSAL 1. Agreement, Integration and Conflict of Terms. These terms and conditions, together with any special conditions expressly incorporated thereto in the quotation or sales form, are to govern any sale between the Seller and Buyer. The Seller shall mean the applicable affiliate of Xylem Inc. that is party to the Agreement (“Seller”). The Buyer shall mean the entity that is party to the Agreement with Seller. This writing is an offer or counteroffer by Seller to sell the goods and/or services set forth on the quotation or sales form subject to these terms and conditions and is expressly made conditional on Buyer’s assent to these terms and conditions. Acceptance by Buyer is expressly limited to these terms and conditions. Any additional or different terms and conditions contained in Buyer’s purchase order or other communication shall not be effective or binding upon Seller unless specifically agreed to in writing by Seller; Seller hereby objects to any such conditions, and the failure of Seller to object to specific provisions contained in any purchase order or other communication from Buyer shall not be construed as a waiver of these terms and conditions nor an acceptance of any such provisions. Neither Seller’s commencement of performance nor delivery shall be deemed or construed as acceptance of Buyer’s additional or different terms and conditions. Buyer agrees that these terms and conditions, together with any accompanying quotation and any special conditions or limited process guarantees or documents referred to or included within the quotation and expressly made a part of this agreement, (e.g., drawings, illustrations, specifications, or diagrams), is the complete and final agreement between Buyer and the Seller (“Agreement”). In the case of any conflict among the foregoing documents, these terms shall take precedence with the exception of price and delivery which shall be governed by the order acknowledgment (if any) and invoice, and the warranty which shall be governed by Seller’s product documentation. This Agreement supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties and, further, can only be altered, modified or amended with the express written consent of Seller. 2. Quotation, Withdrawal, Expiration. Quotes are valid for thirty (30) calendar days from the date of issuance unless otherwise provided therein. Seller reserves the right to cancel or withdraw the quotation at any time with or without notice or cause prior to acceptance by Buyer. There is no Agreement if any conditions specified within the quotation or sales form are not completed by Buyer to Seller’s satisfaction within thirty (30) calendar days of Seller’s acknowledgement in writing of an order. Seller nevertheless reserves its right to accept any contractual documents received from Buyer after this 30-day period. 3. Prices. Prices apply to the specific quantities stated on the quotation or sales form. Prices include standard packing according to Seller's specifications for delivery. All costs and taxes for special packing requested by Buyer, including packing for exports, shall be paid by Buyer as an additional charge. Prices are subject to change without notice. The price for the goods does not include any applicable sales, use, excise, GST, VAT, or similar tax, duties or levies. Buyer shall have the responsibility for the payment of such taxes if applicable. Page 121 of 125 Project number: I18410 Page 8 of 11 Date: July 24, 2018 Revision no.: 0 4. Payment Terms. Seller reserves the right to require payment in advance or C.O.D. and otherwise modify credit terms should Buyer’s credit standing not meet Seller’s acceptance. Unless different payment terms are expressly set forth in the quotation or sales form or order acknowledgment or Sales Policy Manual, goods will be invoiced upon shipment. Payment shall be made in the local currency where Seller’s office is located and to which the order has been submitted. Payment in full is due within thirty (30) days from the invoice date unless otherwise stated in Seller’s documentation. In the event payment is not made when due, Buyer agrees to pay Seller a service or finance charge of the lesser of (i) one and one-half percent (1.5%) per month (18% per annum), or (ii) the highest rate permitted by applicable law, on the unpaid balance of the invoice from and after the invoice due date. Buyer is responsible for all costs and expenses associated with any checks returned due to insufficient funds. All credit sales are subject to prior approval of Seller's credit department. Export shipments will require payment prior to shipment or an appropriate Letter of Credit. If, during the performance of the contract with Buyer, the financial responsibility or condition of Buyer is such that Seller in good faith deems itself insecure, or if Buyer becomes insolvent, or if a material change in the ownership of Buyer occurs, or if Buyer fails to make any payments in accordance with the terms of its contract with Seller, then, in any such event, Seller is not obligated to continue performance under the contract and may stop goods in transit and defer or decline to make delivery of goods, except upon receipt of satisfactory security or cash payments in advance, or Seller may terminate the order upon written notice to Buyer without further obligation to Buyer whatsoever. If Buyer fails to make payments or fails to furnish security satisfactory to Seller, then Seller shall also have the right to enforce payment to the full contract price of the work completed and in process. Upon default by Buyer in payment when due, Buyer shall immediately pay to Seller the entire unpaid amounts for any and all shipments made to Buyer irrespective of the terms of said shipment and whether said shipments are made pursuant to this Agreement or any other contract of sale between Seller and Buyer, and Seller may withhold all subsequent shipments until the full amount is settled. Acceptance by Seller of less than full payment shall not be a waiver of any of its rights hereunder. Buyer shall not assign or transfer this Agreement or any interest in it, or monies payable under it, without the written consent of Seller and any assignment made without such consent shall be null and void. 5. Title, Delivery, Risk of Loss. Delivery dates are estimates, and time is not of the essence. Unless otherwise specified by Seller, delivery and transfer of risk of loss for shipments to Buyers that are not Related Party Buyers will be made Incoterms 2010 Ex Works (Seller’s plant or Distribution Center). Title shall pass when risk of loss transfers. Seller shall not be responsible to Buyer for any loss, whether direct, indirect, incidental or consequential in nature, including without limitation loss of profits or liquidated damages, arising out of or relating to any failure of the goods to be delivered by the specified delivery date. In the absence of specific instructions, Seller will select the carrier. Buyer shall reimburse Seller for the additional cost of its performance resulting from inaccurate or lack of delivery instructions, or by any act or omission on Buyer’s part. Any such additional cost may include, but is not limited to, storage, insurance, protection, re- inspection and delivery expenses. Buyer further agrees that any payment due on delivery shall be made on delivery into storage as though goods had been delivered in accordance with the order. Related Party Buyers are defined as Buyers, directly or indirectly, owned more than 50% by Xylem Inc. or under significant or joint control by Xylem Inc. For export shipments from the USA to Related Party Buyers, title and risk of loss for the material shall pass to the Related Party Buyer at the port of destination. Incoterm 2010 shall be DAP (Destination). Related Party Buyer shall be importer of record for any customs clearance. For shipments to Related Party Buyers that are not export shipments from the USA, delivery and transfer of risk of loss shall be Incoterm 2010 FCA (Seller’s plant or Distribution Center) unless otherwise specified. Title shall pass when the risk of loss passes to Buyer. Buyer grants to Seller a continuing security interest in and a lien upon the products and the proceeds thereof (including insurance proceeds), as security for the payment of all such amounts and the performance by Buyer of all of its obligations to Seller pursuant to this Agreement and all such other sales, and Buyer shall have no right to sell, encumber or dispose of the products. Buyer shall execute any and all financing statements and other documents and instruments and do and perform any and all other acts and things which Seller may consider necessary, desirable or appropriate to establish, perfect or protect Seller's title, security interest and lien. In addition, Buyer authorizes Seller and its agents and employees to execute any and all such documents and instruments and do and perform any and all such acts and things, at Buyer's expense, in Buyer's name and on its behalf. Such documents and instruments may also be filed without the signature of Buyer to the extent permitted by law. 6. Warranty. For goods sold by Seller to Buyer that are used by Buyer for personal, family or household purposes, Seller warrants the goods to Buyer on the terms of Seller’s limited warranty available on Seller’s website. For goods sold by Seller to Buyer for any other purpose, Seller warrants that the goods sold to Buyer hereunder (with the exception of membranes, seals, gaskets, elastomer materials, coatings and other "wear parts" or consumables all of which are not warranted except as otherwise provided in the quotation or sales form) will be (i) be built in accordance with the specifications referred to in the quotation or sales form, if such specifications are expressly made a part of this Agreement, and (ii) free from defects in material and workmanship for a period of one (1) year from the date of installation or eighteen (18) months from the date of shipment (which date of shipment shall not be greater than thirty (30) days after receipt of notice that the goods are ready to ship), whichever shall occur first, unless a longer period is provided by law or is specified in the product documentation (the “Warranty”). For services, the warranty period shall be three (3) months from the date of invoice unless otherwise expressly set forth in the quotation or sales form or order acknowledgment. Page 122 of 125 Project number: I18410 Page 9 of 11 Date: July 24, 2018 Revision no.: 0 Except as otherwise provided by law, Seller shall, at its option and at no cost to Buyer, either repair or replace any product which fails to conform with the Warranty; provided, however, that under either option, Seller shall not be obligated to remove the defective product or install the replaced or repaired product and Buyer shall be responsible for all other costs, including, but not limited to, service costs, shipping fees and expenses. Seller shall have complete discretion as to the method or means of repair or replacement. Buyer’s failure to comply with Seller’s repair or replacement directions shall constitute a waiver of its rights and render all warranties void. Any parts repaired or replaced by Seller under the Warranty are warranted only for the balance of the warranty period on the parts that were repaired or replaced. The Warranty is conditioned on Buyer giving written notice to Seller of any defects in material or workmanship of warranted goods within ten (10) days of the date when any defects are first manifest. Seller shall have no warranty obligations to Buyer with respect to any product or parts of a product that: (a) have been repaired by third parties other than Seller or without Seller’s written approval; (b) have been subject to misuse, misapplication, neglect, alteration, accident, or physical damage; (c) have been used in a manner contrary to Seller’s instructions for installation, operation and maintenance; (d) have been damaged from ordinary wear and tear, corrosion, or chemical attack; (e) have been damaged due to abnormal conditions, vibration, failure to properly prime, or operation without flow; (f) have been damaged due to a defective power supply or improper electrical protection; or (g) have been damaged resulting from the use of accessory equipment not sold by Seller or not approved by Seller in connection with products supplied by Seller hereunder. In any case of products not manufactured by Seller, there is no warranty from Seller; however, Seller will extend to Buyer any warranty received from Seller’s supplier of such products. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF WHATEVER NATURE RELATING TO THE GOODS PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. EXCEPT AS OTHERWISE PROVIDED BY LAW, BUYER’S EXCLUSIVE REMEDY AND SELLER’S AGGREGATE LIABILITY FOR BREACH OF ANY OF THE FOREGOING WARRANTIES ARE LIMITED TO REPAIRING OR REPLACING THE PRODUCT AND SHALL IN ALL CASES BE LIMITED TO THE AMOUNT PAID BY THE BUYER HEREUNDER. IN NO EVENT IS SELLER LIABLE FOR ANY OTHER FORM OF DAMAGES, WHETHER DIRECT, INDIRECT, LIQUIDATED, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS OR REVENUE, LOSS OF INCOME, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY OR LOSS OF REPUTATION. 7. Inspection. Buyer shall have the right to inspect the goods upon their receipt. When delivery is to Buyer’s site or to a project site (“Site”), Buyer shall notify Seller in writing of any nonconformity of the goods with this Agreement within three (3) days from receipt by Buyer, unless a shorter period is required in Seller’s quotation. For all other deliveries, Buyer shall notify Seller in writing of any nonconformity with this Agreement within fourteen (14) days from receipt by Buyer. Failure to give such applicable notice shall constitute a waiver of Buyer's right to inspect and/or reject the goods for nonconformity and shall be equivalent to an irrevocable acceptance of the goods by Buyer. Claims for loss of or damage to goods in transit must be made to the carrier, and not to Seller. 8. Seller’s Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL SELLER’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY BUYER UNDER THIS AGREEMENT. SELLER SHALL HAVE NO LIABILITY FOR LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS OR REVENUE, LOSS OF INCOME, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY, LOSS OF REPUTATION, LIQUIDATED, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL BE EFFECTIVE WITHOUT REGARD TO SELLER’S ACTS OR OMISSIONS OR NEGLIGENCE OR STRICT LIABILITY IN PERFORMANCE OR NON-PERFORMANCE HEREUNDER. 9. USED EQUIPMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, USED EQUIPMENT IS SOLD IN AN AS IS, WHERE IS CONDITION. SELLER MAKES NO REPRESENTTIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY OR CONDITION OF THE EQUIPMENT, OR ITS SUITABILITY FOR ANY USE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS EXPRESSLY AGREED UPON IN WRITING BETWEEN THE PARTIES. SELLER SHALL HAVE NO LIABILITY TO BUYER HEREUNDER OR IN CONNECTION WITH THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, FOR LOSS OF PROFIT, LOSS OF INCOME, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES. 10. Force Majeure. Seller may cancel or suspend this Agreement and Seller shall have no liability for any failure to deliver or perform, or for any delay in delivering or performing any obligations, due to acts or omissions of Buyer and/or its contractors, or due to circumstances beyond Seller’s reasonable control, including but not limited to acts of God, fire, flood or other natural disasters, war and civil disturbance, riot, acts of governments, terrorism, disease, currency restrictions, labor shortages or disputes, unavailability of materials, fuel, power, energy or transportation facilities, failures of suppliers or subcontractors to effect deliveries, in which case the time for performance shall be extended in an amount equal to the excused period, provided that Seller shall have, as soon as reasonably practicable after it has actual knowledge of the beginning of any excusable delay, notified Buyer of such delay, of the reason therefor and of the probable duration and consequence thereof. Seller shall use its best efforts to eliminate the cause of the delay, interruption or cessation and to resume performance of its obligations hereunder with the least possible delay. Page 123 of 125 Project number: I18410 Page 10 of 11 Date: July 24, 2018 Revision no.: 0 11. Cancellation. Except as otherwise provided in this Agreement, no order may be cancelled on special or made-to-order goods or unless otherwise requested in writing by either party and accepted in writing by the other. In the event of a cancellation by Buyer, Buyer shall, within thirty (30) days of such cancellation, pay Seller a cancellation fee, which shall include all costs and expenses incurred by Seller prior to the receipt of the request for cancellation including, but not limited to, all commitments to its suppliers, subcontractors and others, all fully burdened labor and overhead expended by Seller, plus a reasonable profit charge.” Return of goods shall be in accordance with Seller’s most current Return Materials Authorization and subject to a minimum fifteen percent (15%) restocking fee, unless otherwise specified. Notwithstanding anything to the contrary herein, in the event of the commencement by or against Buyer of any voluntary or involuntary proceedings in bankruptcy or insolvency, or in the event Buyer shall be adjusted bankrupt, make a general assignment for the benefit of its creditors, or if a receiver shall be appointed on account of Buyer’s insolvency, or if Buyer fails to make payment when due under this Agreement, or in the event Buyer does not correct or, if immediate correction is not possible, commence and diligently continue action to correct any default of Buyer to comply with any of the provisions or requirements of this Agreement within ten (10) calendar days after being notified in writing of such default by Seller, Seller may, by written notice to Buyer, without prejudice to any other rights or remedies which Seller may have, terminate its further performance of this Agreement. In the event of such termination, Seller shall be entitled to receive payment as if Buyer has cancelled the Agreement as per the preceding paragraph. Seller may nevertheless elect to complete its performance of this Agreement by any means it chooses. Buyer agrees to be responsible for any additional costs incurred by Seller in so doing. Upon termination of this Agreement, the rights, obligations and liabilities of the parties which shall have arisen or been incurred under this Agreement prior to its termination shall survive such termination. 12. Drawings. All drawings are the property of Seller. Seller does not supply detailed or shop working drawings of the goods; however, Seller will supply necessary installation drawings. The drawings and bulletin illustrations submitted with Seller's quotation show general type, arrangement and approximate dimensions of the goods to be furnished for Buyer’s information only and Seller makes no representation or warranty regarding their accuracy. Unless expressly stated to the contrary within the quotation or sales form, all drawings, illustrations, specifications or diagrams form no part of this Agreement. Seller reserves the right to alter such details in design or arrangement of its goods which, in its judgment, constitute an improvement in construction, application or operation. All engineering information necessary for installation of the goods shall be forwarded by Seller to Buyer to upon Buyer’s acceptance of this Agreement. After Buyer’s acceptance of this Agreement, any changes in the type of goods, the arrangement of the goods, or application of the goods requested by Buyer will be made at Buyer's expense. Instructions necessary for installation, operating and maintenance will be supplied when the goods are shipped. 13. Proprietary Information, Injunction. Seller’s designs, illustrations, drawings, specifications, technical data, catalogues, “know-how”, economic or other business or manufacturing information (collectively “Proprietary Information”) disclosed to Buyer shall be deemed proprietary and confidential to Seller. Buyer agrees not to disclose, use, or reproduce any Proprietary Information without first having obtained Seller’s express written consent. Buyer’s agreement to refrain from disclosing, using or reproducing Proprietary Information shall survive completion of the work under this Agreement. Buyer acknowledges that its improper disclosure of Proprietary Information to any third party will result in Seller’s suffering irreparable harm. Seller may seek injunctive or equitable relief to prevent Buyer’s unauthorized disclosure. 14. Installation and Start-up. Unless otherwise agreed to in writing by Seller, installation shall be the sole responsibility of Buyer. Where start-up service is required with respect to the goods purchased hereunder, it must be performed by Seller's authorized personnel or agents; otherwise, the Warranty is void. In the event Buyer has engaged Seller to provide an engineer for start-up supervision, such engineer will function in a supervisory capacity only and Seller shall have no responsibility for the quality of workmanship of the installation. In any event, Buyer understands and agrees that it shall furnish, at Buyer's expense, all necessary foundations, supplies, labor and facilities that might be required to install and operate the goods. 15. Specifications; Back-charges. Changes in specifications requested by Buyer are subject to approval in writing by Seller. In the event such changes are approved, the price for the goods and the delivery schedule shall be changed to reflect such changes. Buyer shall not make purchases nor shall Buyer incur any labor that would result in a back charge to Seller without prior written consent of an authorized employee of Seller. 16. Buyer Warranty. Buyer warrants the accuracy of any and all information relating to the details of its operating conditions, including temperatures, pressures, and where applicable, the nature of all hazardous materials. Seller can justifiably rely upon the accuracy of Buyer’s information in its performance. Should Buyer’s information prove inaccurate, Buyer agrees to reimburse Seller for any losses, liabilities, damages and expenses that Seller may have incurred as a result of any inaccurate information provided by Buyer to Seller. 17. Minimum Order. Seller reserves the right to refuse to process any order that does not meet quantity requirements that Seller may establish for any given product or group of products. 18. Quality Levels. Prices are based on quality levels commensurate with normal processing. If a different quality level is required, Buyer must specify its requirements, as approved in writing by Seller, and pay any additional costs that may be applicable. Page 124 of 125 Project number: I18410 Page 11 of 11 Date: July 24, 2018 Revision no.: 0 19. Product Recalls. In cases where Buyer purchases for resale, Buyer shall take all reasonable steps (including, without limitation, those measures prescribed by the seller): (a) to ensure that all customers of the Buyer and authorised repairers who own or use affected products are advised of every applicable recall campaign of which the Buyer is notified by the Seller; (b) to ensure that modifications notified to Buyer by Seller by means of service campaigns, recall campaigns, service programmes or otherwise are made with respect to any products sold or serviced by Buyer to its customers or authorized repairers. The reimbursement of Buyer for parts and labor used in making those modifications shall be as set forth in the campaign or program instructions. Without the prior consent of the Seller, the Buyer shall not disclose to any third party the information contained in service campaign, recall campaign or service programme literature. Should Buyer fail to perform any of the actions required under this section, Seller shall have the right to obtain names and address of the Buyer’s customers and shall be entitled to get into direct contact which such customers. 20. GOVERNING LAW. THE TERMS OF THIS AGREEMENT AND ALL RIGHTS AND OBLIGATIONS HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE JURISDICTION WHERE SELLER’S OFFICE IS LOCATED TO WHICH THIS ORDER HAS BEEN SUBMITTED (WITHOUT REFERENCE TO PRINCIPLES OF CONFLICTS OF LAWS). THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL NOT BE GOVERNED BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. 21. Export Regulation. Seller’s products, including any software, documentation and any related technical data included with, or contained in, or utilized by such products or deliverables, may be subject to applicable export laws and regulations, including United States Export Administration Regulations, and Buyer shall complay with all such applicable laws and regulations. In particular, the Buyer shall not, and shall not permit any third parties to, directly or indirectly, export, re-export or release any product to any jurisdiction or country to which, or any party to whom, the export, re-export or release of any product is prohibited by applicable law, regulation or rule. The Buyer shall be responsible for any breach of this Section 20. 22. Titles. The section titles are for reference only, and shall not limit or restrict the interpretation or construction of this Agreement. 23. Waiver. Seller’s failure to insist, in any one or more instances, upon Buyer’s performance of this Agreement, or to exercise any rights conferred, shall not constitute a waiver or relinquishment of any such right or right to insist upon Buyer’s performance in any other regard. 24. Severability. The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. AGREEMENT TO PURCHASE: BUYER agrees ACCEPTANCE: SELLER hereby accepts to purchase the equipment and services herein BUYER'S offer to purchase. in accordance with the terms and conditions set forth above. ________________________________________ Xylem Water Solutions USA, Inc. (BUYER) BY:____________________________________ BY:_________________________________ ____________________________________ _________________________________ ____________________________________ _________________________________ ______________________, 20 __________ _____________________, 20 ________ Page 125 of 125