HomeMy WebLinkAboutAgenda CC 06.09.2009Council Meeting Date: June 9, 2009 Item No.
AGENDA ITEM COVER SHEET
SUBJECT
Consideration and possible action to approve a contract for professional services related to the
design of a Customer Water Usage Alert System and Meter Data Management (MDM) Portal
Enhancements between the City of Georgetown and ElectSolve Technology Solutions and Services
Incorporated in the amount of $23,550.00. — Glenn Dishong, Water Services Director, Jim Briggs, ACM
for Utility Operations
ITEM SUMMARY:
The project consists of professional services relating to amending the current utility data
structure and data processing to allow customers to receive automated e-mail reports when usage is
above a limit selected by the customer. The changes will also provide internal reporting to allow Utility
Billing and Water Services staff to prioritize customer contact outreach
This project is the full scale implementation of the customer feedback provided to customers
during the Sun City Conservation Pilot. Upon completion, all water customers with meters being read
by the Automatic Meter Reading network will be eligible to receive this notification service.
GUS RECOMMENDATION:
N/A
SPECIAL CONSIDERATIONS:
None
FINANCIAL IMPACT:
Funds for this expenditure are budgeted in the Water Operations Fund:
660-5-0527-51-294
COMMENTS:
None
q; -M, mail
0
Conservation Pilot
Electsolve Contract
Actual
$23,550.00
Budget
Submitted By: Glenn Dishong, Jim gg
Water Services D' or ACM for
Availabl
Budget Balance
$45,664.60
Contract for
Electsolve Technology Solutions and Services, Inc.
For the City of Georgetown, Texas
This contract is made and entered into this day of , 2009 by and
between the City of Georgetown, hereinafter called the "City," and Electsolve
Technology Solutions and Services, Inc. hereinafter called the "Consultant" (sometimes
collectively referred to hereinafter as "the parties").
WHEREAS, this contract is for Professional Services by the Consultant related to the
Water Usage Customer Alert System, as more particularly set forth in Exhibit A", and
hereinafter called the "Project"; and
WHEREAS, the parties now wish to enter into an agreement for the provision of
services to the City by the Consultant. NOW THEREFORE, pursuant to the terms and
conditions and for the mutual consideration set forth herein, the parties agree as
follows:
I. SCOPE OF WORK
The City hereby agree to retain the Consultant to perform professional services to
design a Water Usage Customer Alert System and existing MDM Portal Enhancements,
and the Consultant agrees to perform such services in accordance with the terms and
conditions of this contract.
The parties agree that the Consultant shall perform such services as are set forth and
described in Exhibit 'A" which is attached hereto and thereby made a part of this
contract. The parties understand and agree that deviations or modifications in the form
of written change orders may be authorized from time to time by the City in accordance
with all applicable laws and City policies.
11. AUTHORIZATION OF SERVICES
No professional services of any nature shall be undertaken by the Consultant pursuant
to this contract until the Consultant has received written authorization to proceed from
the City.
City Staff authorized to execute written authorization to proceed are as follows:
Glenn Dishong, Water Services Director for Exhibit 'A' and other amendments
to this contract as they may occur
III. PERIOD OF SERVICE
This contract shall be effective upon execution by the City and the Consultant, and shall
remain in force until the Project is completed, or until this contract is terminated under
the provisions hereinafter provided in Section XIII.
Electsolve Agreement 5.15.09 Page 1 of 10
IV. COORDINATION WITH THE CITY
The City has designated Walter Koopman, Wireless IS Manager as the Project
Coordinator through whom the Consultant shall coordinate all work efforts and meetings
pertaining to the Project for the City. The Consultant shall attend meetings at the City of
Georgetown as determined by the Project Coordinator, in accordance with the Scope of
Services (Exhibit "A') which is attached and thereby made a part of this contract.
V. CONSULTANT PERSONNEL
The Consultant shall assign the following personnel to direct and perform the work
effort, exclusive of technical and clerical support. No changes to personnel assignments
shall be made without the prior notification and approval of the City.
Mark Ponder — Project Manager
VI. NON -COLLUSION STATEMENT
Consultant hereby represents and warrants to City that Consultant shall not perform any
work or services for a third party that is potentially or actually related to, connected to, a
part of, or integral to the work or services that it has performed is or is performing for the
City under this Scope of Work. Consultant shall have the affirmative duty to bring all
such conflicts or potential conflicts to the attention of the City, and Consultant agrees
that the City shall be the sole judge as to whether a conflict or potential conflict of
interest with work for private parties or Developer work exists. If in the judgment of the
City such a conflict or potential conflict between City work and Developer work exists,
then Consultant agrees to terminate all work under the affected Task(s) immediately
and that it shall not be eligible for payment for such services.
VII. COMPENSATION AND METHOD OF PAYMENT
The parties agree that the Consultant shall be compensated for all services provided
pursuant to this contract in the amount and manner described and set forth in the
Compensation Schedule attached hereto as Exhibit 'B" and which is thereby made a
part of this contract. The Consultant further agrees that he will prepare invoices that
correlate to the Compensation Schedule as described in said Exhibit "8".
VIII. STANDARD OF CARE; CONFIDENTIALITY; RIGHT TO INSPECT
The Consultant will exercise due diligence and care and perform and complete work
related to the Project in a good and workmanlike manner. Approval of the City should
not constitute or be deemed a release of the responsibility and liability of Consultant, its
employees, agents, or associates, for the exercise of skill and diligence to promote the
accuracy and competency of their designs, information, plans specifications or any
other document, nor shall approval be deemed to be the assumption of such
Electsolve Agreement 5. 15.09 Page 2 of 10
responsibility by the City with respect to any defect or error in the documents prepared
or work done by Consultant, its employees, agents, or associates. The Consultant shall
not, either during or after the term of this contract, disclose to any third party, any
confidential information relative to the work or the business of the City without the
written consent of the City. The Project Coordinator shall at all times have access to the
work for the purpose of inspecting the work and determining that the work is being
performed in accordance with the terms of this contract.
The Consultant, its employees, subcontractors, and agents shall comply with all
applicable federal and state laws, the charter and ordinances of the City of Georgetown,
Texas, and all applicable rules and regulations promulgated by all local, state, and
national boards, bureaus, and agencies. The Consultant shall further obtain and
maintain all permits and licenses required, if any, for the performance of any services
required hereunder
IX. INDEPENDENT CONTRACTOR RELATIONSHIP
In performance of the services hereunder, the Consultant shall be an independent
contractor with the sole authority to control and direct the performance of the details of
the work. The Consultant is self-employed, shall not purport to be an employee or an
agent of the City, and shall not have any right or power to bind the City to any obligation
not otherwise specifically authorized in writing by that entity. The Consultant shall
provide its own premises for performance of its duties hereunder, but shall have free
access to the premises of the City during reasonable working hours and any
information, records and other material relevant to its work hereunder.
X. INDEMNIFICATION AND INSURANCE
THE CONSULTANT AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY,
AND ITS OFFICERS, AGENTS AND EMPLOYEES OF AND FROM DAMAGES,
INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING
LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS,
INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, WHICH
DIRECTLY ARISE OUT OF THE CONSULTANT'S BREACH OF ANY OF THE TERMS
OR PROVISIONS OF THIS CONTRACT, OR BY ANY OTHER NEGLIGENT ACT,
ERROR OR OMISSION OF THE CONSULTANT, ITS AGENTS, SERVANTS,
EMPLOYEES, SUBCONTRACTORS, OR ANY OTHER PERSONS OR ENTITIES FOR
WHOSE ACTS THE CONSULTANT IS LEGALLY LIABLE.
The Consultant agrees to obtain and keep in force, at its sole cost and expense,
throughout the term of this contract, in a form and with a company satisfactory to the
City, the following policies of insurance:
(a) Commercial General Liability Insurance with combined single limits of
($1,000,000 per occurrence and $2,000,000 general aggregate) for bodily
injury and property damage, which coverage shall include
products/completed operations, independent bidders and contractual
Electsolve Agreement 5.15.09 Page 3 of 10
liability, each at $500,000 per occurrence. Coverage must be written on
an occurrence form.
(b) Auto Liability Insurance shall be no less than $1,000,000 combined single
limit each accident for bodily injury and property damage, including
owned, non -owned, and hired vehicle coverage.
(c) Waiver of Subrogation, in favor of the City, with respect to General
Liability, Auto and Worker's Compensation.
(d) Statutory Worker's Compensation and Employer's Liability Insurance.
Certificates of Insurance verifying each of the above conditions, and providing for thirty
(30) days' written notice of any cancellation or reduction in coverage, shall be submitted
to the City within thirty (30) days of the execution of this contract if requested by the
City. In the event that the limits of liability imposed upon municipalities are increased by
the Texas Legislature, the parties agree that the Consultant shall increase the coverage
and limits of liability required by this contract to conform to the new liability limits created
by the Texas Legislature.
XI. PROGRESS MEETINGS
The Consultant agrees to attend progress meetings scheduled by the Project
Coordinator, and at such meetings will endeavor to outline work accomplished and
identify any special problems or issues known to the Consultant which are encountered
in connection with the Project.
XII. OWNERSHIP OF DOCUMENTS
All documents, including reports and maps, prepared or furnished by the Consultant
(and the Consultant's independent professional associates and consultants, if
applicable) pursuant to this contract are instruments of service with respect to the
Project. The City shall retain ownership and property interest therein, whether or not
the Project is completed, upon full and complete payment by the City to the Consultant
for the cost of report/document reproduction (i.e., printing) and other similar direct
expenses.
XIII. TERMINATION
Either parry to this contract may terminate the contract by giving to the other parties
Sixty (60) days notice in writing. Upon delivery of such notice by the City to the
Consultant, the Consultant shall immediately discontinue all services in connection with
the performance of this contract and shall proceed to promptly cancel all existing orders
and contracts insofar as such orders or contracts are chargeable to this contract. As
soon as practical after receipt of notice of termination, the Consultant shall submit a final
invoice, showing in detail the services performed under this contract up to the date of
ElectsoNe Agreement 5.15.09 Page 4 of 10
termination. The City shall then pay the Consultant within thirty (30) days any unpaid
invoice(s) that relate to services actually performed under this contract. Originals of all
completed or partially completed reports/documents prepared under the contract shall
be promptly delivered to the City upon termination.
XIV. DELAY
Consultant in undertaking to complete the work within the time herein fixed in Exhibit
has taken into consideration and made allowance for all hindrances and delays
incident to such work, whether growing out of delays in securing material or workmen or
weather or otherwise.
No charge shall be made by Consultant for hindrance or delays from any cause
whatever during the progress of any portion of the work contemplated by the
specifications, but the City may grant an extension of time for the completion of the
work, provided it has satisfied that such delays or hindrances were due to extraordinary
causes or to the acts of omission or commission by the City.
It is agreed that the granting of such extensions of time shall in no instance exceed the
time actually lost by Consultant for reason of such causes, provided that the Consultant
shall give the City immediate notice in writing of the cause of the detention or delay.
XV. BREACH OF CONTRACT
The City shall have the right to declare Consultant in breach of this contract for cause
when it determines that this contract is not being performed according to its
understanding of the intent and meaning of this contract. Such breach shall not in any
way invalidate, abrogate or terminate Consultant's obligations under this contract.
XVI. ASSIGNMENT AND WAIVER
Consultant shall not assign or transfer any rights or interests in this contract without the
written consent of the City. Unless specifically stated to the contrary, in any written
consent to an assignment, no agreement will release or discharge the assignor from
any duty or responsibility under this contract.
No waiver by any party hereto of any term or condition of this contract shall be deemed
or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
XVII. BINDS, HEIRS, SUCCESSORS AND ASSIGNS
The City and Consultant, their partners, successors, executors, administrators, are
hereby bound to the terms and conditions of this contract.
Electsolve Agreement 5.15.09 Page 5 of 10
XVIII. ENTIRE AGREEMENT
This contract contains the entire agreement between the parties covering the subject
matter. No modifications or amendments shall be valid unless in writing and signed by
all parties.
XIX. SEVERABILITY
In case any one or more of the provisions contained in this contract shall for any reason
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision hereof, and this contract shall be
construed as if such invalid, illegal or unenforceable provision had never been
contained herein.
XX. PERFORMANCE
This entire contract is performable in Georgetown, Texas, and the venue for any action
related, directly or indirectly, to this contract or in any manner connected therewith shall
be Williamson County, Texas, and this contract shall be construed under the laws of the
State of Texas.
XXI. SUCCESSORS AND ASSIGNMENTS
The City and the Consultant each binds itself and its successors, executors,
administrators and assigns to any other party of this contract, and to the successors,
executors, administrators and assigns of such other party, in respect to all covenants of
this contract. Except as above, neither the City nor the Consultant shall assign, sublet
or transfer its interest in this contract without the written consent of the other parties.
Nothing herein shall be construed as creating any personal liability on the part of any
officer, agent or employee of the City or of the Consultant.
XXII. NOTICE
The responsible parties for any notice or contact between the City and the Consultant
shall be the City Manager (or his/her designee) of the City of Georgetown, and Mark
Ponder, President, for Consultant.
ElectsoNe Agreement 5.15.09 Page 6 of 10
EXECUTED IN TWO counterparts (each of which is an original) on behalf of the
Consultant by its Principal shown below, and on behalf of the City by its Mayor (both
thereunto duly authorized) this day of 2009.
CITY OF GEORGETOWN, TEXAS
"City"
Bv:
Name: George G. Garver
Title: Mayor
ATTEST:
Jessica Hamilton, City Secretary
STATE OF TEXAS
COUNTY OF
ELECTSOLVE TECHNOLOGY SOLUTIONS
AND SERVICES, INC.
"Consultant"
By:
Name: Ma&/T. Ponder
Title: President
APPROVED AS TO FROM:
City Attorney
This instrument was acknowledged before me on this the day of
.2009.
Notary Public
Printed Name:
Commission Expires:
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STATE OF LOUISIANA
CADDO PARISH
This instrument was acknowledged before me on this the day of
J c..v , 2009 by t%I,�e IL 7yld ^i dt.,c- in the capacity as President for
Electsolve Technology Solutions and Services, Inc., a Louisiana corporation, on behalf
of said corporation.
Zi
EXHIBIT "A"
SCOPE OF SERVICES
Water Usage Alert and Notification Application
1. The application will interface to the Georgetown MDM data repository to access the
Itron Fixnet AMR data collected daily and stored in this database.
2. The application will perform water consumption analysis on data collected from AMR
enabled water meters only. If the meter is not AMR or AMI enabled then it will not be
included.
3. The application will allow a CITY user to enter thresholds for water consumption for the
entire group of water meters and by individual meter.
4. CITY users can setup multiple thresholds and activate or deactivate thresholds for
certain customer groups as long as customers can be grouped by some determinate
such as zip code, meter type, etc.
5. CITY users can configure both commercial and residential thresholds.
6. CITY users will be able to include or exclude customers individually from the
notification services/program.
7. Application will access daily meter read data collected and loaded into the MDM by
other processes. The Application will not collect or load data for analysis. It will rely on
the MDM for the data.
S. Application will determine usage thresholds on a monthly calendar basis OR cycle
basis as long as the cycle schedule is maintained in the MDM by CITY users,
9. Application will automatically send an executive report daily, by email, to a designated
internal list of email recipients that will list the customer count that has reached a
threshold and how may have been notified by email.
10. Application will send email notices to customers that have reached a threshold of
usage to the email address setup by CITY users.
11. Application will allow CITY users to generate a report by selectable date range, listing
the customers that exceeded consumption thresholds on that date or between the date
range entered, and whether or not they were notified by email alert and what email
address the alert was sent to if alerted.
12. Application will provide for administrative access for configuration and threshold setup
(i.e. exclude customers, include customers, add email accounts, change email
accounts, etc.).
13. Will allow entry of the irrigatable area of each customer, an algorithm will be included
to determine if excess water is used, and a report of those customers that have
exceeded the threshold calculated by the algorithm sorted from highest to lowest
overage.
Electsolve Agreement 5.15.09
Page 8 of 10
EXHIBIT "B"
COMPENSATION PLAN
The City will compensate the Consultant on the basis of the following chart and in no
event shall the total contract price exceed the amount of Twenty Three Thousand Five
Hundred Fifty and no/ Dollars ($23,550.00). The City is a tax-exempt entity. All
charges shall be free of tax. Consultant will not incur charges without prior authorization
from the City for each Task
COG Water Usage Customer Alert System & existing MDM
Portal enhancements to support the Water Usage Alert
System Data Management and Presentation
Phase
Sched.
Cost
Requirements
1 week
$1,250
Development
3 weeks
$10,800
Testing
1 week
$1,200
MDM Portal Page Development
2 weeks
$4,800
Testing
1 week
$2,000
Documentation
3 days
$1,000
Training
3 days
$1,500
ES Project Oversight
$1,000
Total
$23,550
" All Schedule dates are relative to the Approval Date
NOT TO EXCEED: TWENTY THREE THOUSAND FIVE HUNDRED FIFTY AND
NO/DOLLARS (23,550.00)
Consultant shall provide the City with an itemized invoice showing the tasks performed
and the percent completion on each Task at the end of each thirty (30) day period
following receipt of the letter of authorization to proceed. Invoices submitted by
Consultant shall also include itemized reimbursable expenses with original
documentation or receipts for such expenses.
All payments to be made by the City hereunder are subject to Ch. 2251 of the Texas
Government Code, popularly known as the Prompt Payment Act. Payment in full for
invoices shall be due within thirty (30) days from date the invoice is received by City.
Electsolve Agreement 5.15.09 Page 9 of 10
Invoices for payment under this Contract shall be sent to:
City of Georgetown
Attn: Accounts Payable
P.O. Box 409
Georgetown, Texas 78626
City's purchase order numbers shall be included prominently on each invoice. Payments may
be based on completion of the Services, fulfillment of milestones, progress payments or any
other method that is established in this Agreement.
Electsolve Agreement 5.15.09 Page 10 of 10
Council Meeting Date: June 9, 2009 Item No. 4
AGENDA ITEM COVER SHEET
SUBTECT:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS TO DESIGNATE THE CITY MANAGER OR ASSISTANT CITY
MANAGER FOR UTILITY OPERATIONS AS AUTHORIZED OFFICIALS TO
DIRECT THE LOWER COLORADO RIVER AUTHORITY (LCRA) REGARDING
CONTRACT RELATED MATTERS.
ITEM SUMMARY:
The LCRA has requested direction from the City of Georgetown related to
individual officers of the City who are authorized to direct the City's business with regards
to contract related matters.
Currently, the City Manager and Assistant City Manager for Utility Operations are
authorized to direct these matters and are authorized to sign for the City in these matters.
The Resolution continues to authorize the City Manager and Assistant City Manager
for Utility Operations to continue in this capacity to direct these matters.
FINANCIAL IMPACT:
None additional
SPECIAL CONSIDERATIONS:
None
COMMENTS:
None
ATTACHMENTS:
Resolution as requested by LCRA
Submitted By:
for Utility
SECRETARY'S CERTIFICATE
The undersigned Secretary of The City of Georgetown, Texas, a Municipal Corporation of the
State of Texas (the "Customer"), does hereby certify that attached hereto as Exhibit A is a true,
correct and complete copy of resolutions duly adopted by the City Council of the Customer,
which resolutions are in full force and effect as of the date hereof;
IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2009.
City of Georgetown, Texas
M
EXHIBIT A
Jessica Hamilton, City Secretary
RESOLVED, that this Customer be and hereby is authorized to direct LCRA regarding
LCRA Wholesale Energy Pricing Program Elections, LCRA Customer Natural Gas Hedging
Option Elections and any Other official Contract Related Business (together the "Activities") on
terms satisfactory to the City Manager or Assistant City Manager for Utility Operations and
engage in such other acts and thing as may be advisable or necessary to carry out and effect the
full intent and purpose of this resolution; and
FURTHER RESOLVED, that this Customer may provide collateral to secure payment
obligations incurred in connection with the Activities; and
FURTHER RESOLVED, that each of the City Manager or Assistant City Manager for
Utility Operations be and hereby is authorized to execute, in the name of and on behalf of the
Customer, any form of document or agreement with respect to the Activities and to do such other
acts and things as may be advisable or necessary to carry out and perform, on the part of this
Customer, any such agreement, or in order to carry out and effect the full intent and purpose of
this resolution; and
FURTHER RESOLVED that any and all prior actions taken and entered into, on behalf
of this Customer by City Manager or Assistant City Manager for Utility Operations of this
Customer prior to the date of this resolution be and hereby are ratified; and
FURTHER RESOLVED that any of the City Manager or Assistant City Manager for
Utility Operations (each such officer, an "Authorized Officer") shall have the authority to
designate and/or terminate the designation of those individuals who can, in the name of and on
behalf of the Customer enter into or execute any form of document or agreement in connection
with the Activities; and
FURTHERRESOLVED that the Customer hereby adopts any form of resolution which
an Authorized Officer shall approve as necessary, appropriate or desirable in order to carry out
the purpose and intent of the preceding resolutions and directs that the Secretary file a copy of
each form of resolution so approved in the appropriate minutes of the Customer.
CERTIFICATE OF INCUMBENCY AND SIGNATURE
I, Jessica Hamilton a duly elected, qualified and acting City Secretary of
Customer, a Municipal Corporation of the State of Texas, do hereby certify that the persons
listed below hold offices in the Customer indicated opposite their name on the date hereof and
that the signatures appearing opposite their names are the specimen signatures of such persons.
NAME OFFICE SIGNATURE
Paul Brandenburg City Manager
Jim Briggs ACM for Utility Operations
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of this
Customer this _ day of 12009.
City of Georgetown, Texas
Jessica Hamilton, City Secretary
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