Loading...
R-12-02-09-10E2 - 2/9/2012 RESOLUTION NO.R-12-02-09-10E2 WHEREAS, the City of Round Rock desires to retain professional services for a Comprehensive Water Distribution System Audit and Meter Management Analysis; and WHEREAS, JBS Water, Inc. dba JBS Associates ("JBS") has submitted an Agreement for Professional Services to provide said services, and WHEREAS,the City Council desires to enter into said agreement with JBS,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Professional Services for Comprehensive Water Distribution System Audit and Meter Management Analysis With JBS Water, Inc. dba JBS Associates, a copy of same being attached hereto as Exhibit"A"and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of February, 2012. rn ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: &�AD 0:\wdox\SCC1nts\0112\1204\MUNICIPAL\00242460.DOC/me i EXHIBIT „A» CITY OF ROUND ROCK CONSULTING AGREEMENT FOR PROFESSIONAL SERVICES FOR COMPREHENSIVE WATER DISTRIBUTION SYSTEM AUDIT AND METER MANAGEMENT ANALYSIS WITH JBS WATER INC.dba JBS ASSOCIATES THIS AGREEMENT for professional services for Comprehensive Water Distribution System Audit and Meter Management Analysis("Agreement") is made by and between the City of Round Rock,a Texas home rule municipal corporation,whose offices are located at 221 East Main Street, Round Rock,Texas 78664-5299, ("City") and JBS Water, Inc. dba JBS Associates ("JBS" or "Consultant'), whose offices are located at 4715 Strack Road; Suite 114, Houston, Texas 77069. RECITALS: WHEREAS, City has previously determined that there is a need for examination in the form of a water leak detection program to detect unaccounted-for water loss;and WHEREAS,City has previously contracted with JBS for various phases of a Water Leak Detection Program, which inspections detected leaks whose repair subsequently afforded City substantial yearly savings;and WHEREAS, City desires to contract for professional services for Comprehensive Water Distribution System Audit and Meter Management Analysis;and WHEREAS, City desires to contract with JBS for professional services to detect unaccounted-for water which will afford a long-term cost savings for City;and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights,duties and obligations hereunder; NOW,THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 EFFECTIVE DATE,DURATION,AND TERM This Agreement shall be effective on the date this Agreement has been signed by every party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein,or is terminated or extended as provided herein. The term of this Agreement shall be for twelve(12) months beginning from the effective date hereof. 00239827/jkg Revised 12/19/11 i i fI i It is expressly acknowledged by the parties that JBS has agreed to complete all work within one hundred twenty-three (123) calendar days following the date work is begun, in accordance with Exhibit"C"attached hereto and incorporated herein by reference. City reserves the right to review the project at any time, including at the end of any deliverable or phase,and may elect to terminate the project with or without cause or may elect to continue with the next deliverable or phase. 1.02 PAYMENT In consideration for the professional services to be performed by JBS, City agrees to pay JBS a not-to-exceed total sum of Seventy-four Thousand Nine Hundred Thirty-four and No/100 Dollars ($74,934.00), in accordance with this fixed-fee Agreement and Exhibit "D" attached i hereto and incorporated herein by reference. The parties expressly acknowledge and agree that reimbursable expenses of any nature are included within the not-to-exceed total sum of$74,934.00. JBS's compensation for professional services shall not exceed, without written consent, ent and exhibits. Cit shall ay,strictly within the confines amounts indicated in this Agreement Y p the am g of the not-to-exceed sum recited herein,JBS's professional fees for work done on behalf of City. 1.03 TERMS OF PAYMENT To receive payment on a percentage-of-completion basis, JBS shall prepare and submit detailed invoices to City one (1) time per month for services rendered. If City has any dispute with work performed, then City shall notify JBS within thirty (30) days after receipt of invoice. In the event of any dispute regarding the work performed, then and in that event JBS shall either (a)satisfactorily re-perform the disputed services or(b)provide City with an appropriate credit. 1.04 OBJECTIVES AND SCOPE OF WORK JBS contracts to work with City to conduct a Comprehensive Water Distribution System Audit and Meter Management Analysis. Objectives and Scope of Work: JBS agrees to provide, by way of inclusion but not limitation,the following services which are more specifically delineated in Exhibit"B"attached hereto and made a part hereof for all purposes: Task 1. Analysis of Water Production Meters and Data; Task 2. Comprehensive Analysis of Metered Accounts; Task 3. Analysis of Bulk Water Consumption&Metering; Task 4. Investigation of Authorized Un-Metered Water Use; Task 5. Analysis of Existing Line Breaks&Historical Leak Data; Task 6. Field Measurements to Determine Underground Leakage Potential; 2 i Task 7. Review Policies&Procedures Affecting Meter Efficiency&Revenue; Task 8. Final Report of Water Distribution System Audit. 1.05 REQUIRED REPORTS JBS agrees to provide City with either a written or oral report each month, at City's l designation,detailing status of all activities associated with the assessment. JBS agrees to provide City with a detailed final written report, together with all information gathered during the course of the project. Additionally, JBS agrees to provide City Council and City Staff with an oral presentation of such detailed final written report, at City's designation and at no additional cost to City. 1.06 LIMITATION TO SCOPE OF WORK JBS and City agree that the scope of work to be performed is generally enumerated in Section 1.04 herein and is specifically enumerated in Exhibit `B" attached hereto and made a part hereof for all purposes. Notwithstanding anything in this Agreement to the contrary, all for all funding authority o n absolute discretion and aut y g parties further agree that City retains full and decisions,and all such decisions will be based solely on criteria accepted by City which may be influenced by but shall not be dependent on JBS's work. 1.07 OBLIGATIONS OF CITY Obligations of City shall be as delineated in Exhibit"A"attached hereto and incorporated herein by reference,and as recited in this section: 1. City shall assist JBS by providing available non-confidential information and data pertinent to the project,including but not limited to previous reports; 2. City shall provide meter readings and printouts of all bulk water meters served by City,such data to be in spreadsheet format if available;and City shall obtain copies of bulk water clients' monthly meter readings for comparison purposes; 3. City shall provide a person knowledgeable of.meter locationslinstallations to assist JBS during the execution of the following two tasks: large meter inspections, and data logging; 4. City shall provide test data of all large meters (including bulk water) tested by City or by other contractors during the preceding three(3)years; 5. City shall arrange for access by JBS onto public and private property as required by JBS in order to perform its services; 6. City shall give prompt written notice to JBS whenever City observes or otherwise becomes aware of relevant developments that would affect the scope or timing of JBS's services hereunder. Additionally, City shall give prompt written notice to JBS under Section 1.03 herein regarding any defects in the work or services performed by JBS; 3 J I 7. City shall be responsible for providing general assistance and supervision in the conduct of the investigations; 8. City shall be responsible for furnishing warning devices,i.e. lights and barricades, for the protection of the general public and for the protection of JBS's instruments; 9. City shall be responsible for furnishing and installing corporation stops at the points designated by JBS for meter testing purposes; 10. City shall be responsible for notifying officials and customers of possible temporary reduction or curtailment of water service; I 11. City shall be responsible for providing competent personnel to operate water i plant,wells,and valves in connection with JBS's flow studies; 12. City shall be responsible for providing a meter reader to show JBS locations of meters to be inspected; f 13. City shall be responsible for providing JBS with a billing database and line break history in an acceptable format for analysis. FISCAL FUNDING 1.08 NON APPROPRIATION AND F This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving JBS a written notice of termination at the end of its then-current fiscal year. 1.09 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to JBS will be made within thirty(30)days of the day on which City receives the performance,supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services,whichever is later. JBS may charge a late fee of one percent (1%) for payments not made in accordance with this prompt payment policy;however,this policy does not apply to payments made by City if 1. There is a bona fide dispute between City and JBS concerning the supplies, materials or equipment delivered or services performed which causes the payment to be late;or 2. The terms of a federal contract, grant, regulation, or statute prevent City ftom making a timely payment with federal funds;or 3. There is a bona fide dispute between any of the parties and subcontractors or between a subcontractor and its suppliers concerning supplies,materials,or equipment delivered or the services performed which causes the payment to be late;or i E I i 4 i i 1 i 4. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 1.10 TERMINATION i This Agreement may be terminated for any of the following conditions: 1. By City for reasons of its own, with or without cause, and not subject to the i mutual consent of any other party, such written termination notice to be given to the other parties not less than thirty(30)days prior to termination. I 2. By mutual agreement and consent of all parties,such agreement to be in writing. 3. By City for failure by the other party or parties to perform the services set forth herein in a satisfactory manner, such termination notice to be given in writing to the other parties. 4. By any party for failure by any other party to fulfill its obligations as set forth herein. S. By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided,no fees other than fees due and payable at the time of termination shall thereafter be paid to any other party. In determining the value of the work performed by any other party prior to termination,City shall be the sole judge. Compensation for work at termination shall be based on percentage of work satisfactorily completed to that time. Should City terminate this Agreement under this Section 1.10(1), the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty(30)days. If any party defaults in performance of this Agreement or if City terminates this Agreement for default on the part of one of the other parties,then City shall give consideration to the actual costs incurred by the other parties in performing the work to the date of default. The cost of the work that is useable to City, the cost to City of employing another firm to complete the useable work,and other factors will affect the value to City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as set forth above shall extinguish all rights,duties,and obligations of City and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to cancellation. 1.11 INDEPENDENT CONTRACTOR STATUS JBS is an independent contractor, and is not City's employee. JBS's employees or j subcontractors are not City's employees. This Agreement does not create a partnership, employer-employee, or joint venture relationship. No party has authority to enter into contracts as agent for the other parties. JBS and City agree to the following rights consistent with an independent contractor relationship: f 5 i i i 1. JBS has the right to perform services for others during the term hereof. 2. JBS has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed. 3. JBS has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. 4. JBS or its employees or subcontractors shall perform the services required hereunder,and City shall not hire,supervise,or pay any assistants to help JBS. S. JBS nor its employees or subcontractors shall receive training from City in skills necessary to perform services required by this Agreement. G. City shall not require JBS or its employees or subcontractors to devote full time to performing the services required by this Agreement. i 7. Neither JBS nor its employees or subcontractors are eligible to participate in any employee pension,health,vacation pay,sick pay,or other fringe benefit plan of City. ` 1.12 NON-SOLICITATION All parties hereto agree that they shall not directly or indirectly solicit for employment, employ,or otherwise retain staff of the others during the term of this Agreement. 1.13 CONFIDENTIALITY Any programs, data, or other materials furnished by City for use by the parties in connection with services to be performed under this Agreement shall remain the sole property of i City and shall be held in confidence by the parties as set forth hereunder. All parties agree to i hold all confidential information in the strictest confidence and not make any use thereof other than for the performance of this Agreement. Notwithstanding the foregoing, the parties recognize and understand that City is subject to the Texas Public Information Act and its duties run in accord therewith. I� 1.14 SERVICES WARRANTIES ! JBS warrants that all services performed hereunder shall be performed consistent with generally prevailing professional or industry standards, and shall be performed in a professional and workmanlike manner. JBS shall re-perform any work not in compliance with this warranty. City shall report any deficiencies in JBS's services to JBS in writing within one hundred twenty (120) days from successful implementation and acceptance of the work to receive warranty remedies. I G i i 1 1.15 INDEMNIFICATION JBS agrees to hold harmless, exempt, and indemnify City, its officers, agents, servants and employees, from and against all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, attorneys fees, and claims, and any and all other costs and fees incident to any work done as a result of this Agreement arising as a result of actions by it and its agents and subcontractors during its performance pursuant to this Agreement. 1.16 ASSIGNMENT AND DELEGATION No party may assign any rights or delegate any duties under this Agreement without the other party's prior written approval. 1.17 LOCAL,STATE AND FEDERAL TAXES i JBS shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred ' while performing services under this Agreement. City will not do the following: 1. Withhold FICA from JBS's payments or make FICA payments on its behalf; 2. Make state and/or federal unemployment compensation contributions on JBS's behalf;or 3. Withhold state or federal income tax from any of JBS's payments. 1.18 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to the recipient's address as stated in this Agreement; or 1 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to JBS: ! JBS Water,Inc. Attention:James B. Smith 4715 Strack Road,Suite 114 Houston,Texas 77069 f 7 S i Notice to City: City of Round Rock Attention: Steve Norwood,City Manager 221 East Main Street Round Rock,Texas 78664-5299 AND TO: City Attorney's Office Attention: Stephan L. Sheets,City Attorney 309 East Main Street Round Rock,Texas 78664 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of City and JBS. 1.19 APPLICABLE LAW The laws of the State of Texas shall govern this Agreement. Venue shall lie in Williamson County,Texas. 1.20 EXCLUSIVE AGREEMENT. The terms and conditions of this Agreement, including the exhibits listed below, constitute the entire agreement between the parties and supersede all previous communications, representations,and agreements, either written or oral,with respect to the subject matter hereof. No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized representative for each party. This Agreement may be executed in multiple counterparts,which taken together shall be considered as one original. 1.21 DISPUTE RESOLUTION If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City shall select one mediator and JBS shall select one mediator and those two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and JBS hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14)or any applicable state arbitration statute. E 8 ' i 1.22 ATTORNEY FEES In the event that any lawsuit is brought by one party against any of the other parties in connection with this Agreement, the prevailing party shall be entitled to seek to recover its reasonable costs and reasonable attorney fees. 1.23 FORCE MAJEURE Notwithstanding any other provisions of this Agreement to the contrary,no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or a breach of this Agreement, only to the extent that such failure to perform, delay or default arises out of causes.beyond control and without the fault or negligence of the party otherwise chargeable with failure, delay or default; including but not limited to acts of God,acts of public enemy, civil war, insurrection, riots, fires,floods, explosion,theft,earthquakes,natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by any one or all of the parties. 1.24 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion of provision of this Agreement void shall in no way affect the validity of enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement not contain the articular portion of if this Agreement did p shall he construed and enforced as gi provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 1.25 GENERAL AND MISCELLANEOUS The section numbers and headings contained herein are provided.for convenience only and shall have no substantive effect on construction of this Agreement. No purchase order or other ordering document that purports to modify or supplement the printed text of this Agreement or any schedule, exhibit or addendum shall add to or vary the terms of this Agreement. All such proposed variations or additions (whether submitted by JBS or City)are objected to and deemed material unless properly agreed to in writing. Except for contractual obligations recited herein, no party shall be liable for any failure due to causes beyond its control. The failure of a party to exercise any right hereunder shall not operate as a waiver of said party's right to exercise such right or any other right in the future. To expedite order processing,transmitted copies are considered documents equivalent to j original documents; however, City agrees to provide the other parties with one fully executed original Agreement. 9 i i i IN WITNESS WHEREOF, all parties have executed this Agreement on the dates indicated. I CITY OF ROUND ROCK,TEXAS By: Title: Date Signed: FOR CITY,ATTEST: Sara L. White,City Clerk Date Signed: FOR CITY,APPROVED AS TO FORM: Stephan L.Sheets,City Attorney JBS WATER,INC.dba JBS ASSOCIATES By: Title: Ii Date Signed: J-) rk- y Z 61 2� ! 10 I Exhibit A "Services to be Performed by City" Professional Services Comprehensive Water Distribution System Audit & Meter Management Analysis for City of Round Rock, Texas The City is not expected to provide any "services" as part of this project, other than to provide the data necessary to conduct the water audit and meter management study and to provide appropriate Utilities Dept. staff to assist in the large meter inspection, production meter testing and meter data logging tasks. The night flow test is to be conducted by the Utilities Department, with support and advice from the Consultant. The results of this test will be an integral part of the final water loss analysis. The following obligations are outlined to identify the support needed from the City in order to successfully complete this study. OBLIGATIONS OF CITY 1. City shall assist JBS/Consultant by providing available non-confidential information and data pertinent to the project, including but not limited to previous reports. 2. Provide meter readings and printouts of all bulk water meters served by the City. Provide data in spreadsheet format. Obtain copies of the bulk water clients' monthly meter readings for comparison purposes. 3. Large Meter Inspections and Data logging: Provide a person knowledgeable of meter locations/installations to assist the Consultant during the execution of these two tasks. 4. Provide test data of all large meters (including Bulk water)tested by City or by contractors in the last 3 years. 5. City shall arrange for access by JBS/Consultant onto public and private property as required by JBS/Consultant in order to perform its services. 6. City shall give prompt written notice to JBS/Consultant whenever City observes or otherwise becomes aware of relevant developments that would affect the scope or timing of JBS/Consultant's services hereunder. Additionally, City shall give prompt written notice to JBS/Consultant under Section 1.3 herein regarding any defects in the work or services performed by JBS/Consultant; JBS Water, Inc -2011-2012 7. City shall be responsible for providing general assistance and supervision in the conduct of the investigations. 8. City shall be responsible for furnishing warning devices, i.e. lights and barricades, for the protection of the general public and for the protection of JBS/Consultant's instruments. 9. City shall be responsible for furnishing and installing corporation stops at the points designated by JBS/Consultant for production meter testing purposes. 10. City shall be responsible for notifying officials and customers of possible temporary reduction or curtailment of water service. 11. City shall be responsible for providing competent personnel to operate water plant, wells and valves in connection with JBS/Consultant's flow studies; 12. City shall be responsible for providing a meter reader to show JBS/Consultant locations of meters to be inspected. 13. City shall be responsible for providing JBS/Consultant with a billing database and line break history in an acceptable format for analysis as in past projects. JBS Water, Inc -2011-2012 Exhibit B "Services to be Performed by Engineer" Professional Services Comprehensive Water Distribution System Audit & Meter Management Analysis for the City of Round Rock, Texas Scope of Work TASK 1 -Anal sis of Water Production Meters and Data The first step, in evaluating the water system, will be verification of available historical data representing the quantities of water produced or pumped for distribution. This information, along with the data provided from other tasks, will be compared with the data from the previous audit. These comparisons will identify where recent actions by the City have produced tangible benefits in the metered ratio and/or where further action is required. We will review the methods currently used to measure, report and record the amount of water produced. We will survey the meter type, capacity range and installation suitability for each metering location. Our quantitative analyses of water production data shall include: A. Evaluating production meter installations as they may adversely affect meter accuracy and reliability. B. Verifying historical water production data since the last audit was completed. C. Production meter accuracy will be determined with in field testing. A pitot rod, time-volume, and/or a transit-time ultra-sonic test technique, alone or in combination, will be used to test the accuracy of each meter. This will re-establish a baseline for comparing system wide water accountability. The analysis of existing water production data will confirm that the produced water data .:.. . are credible for determining the volumes and percentages of water loss. The accuracy of JBS Water, Inc -2011-2012 production data is critical to the overall audit as it provides the base-line against which all other water use data are referenced. TASK 2 - Comprehensive Analysis of Metered Accounts This task is vital to the study, because the high potential value of non-revenue water (NRW) due to meter inaccuracies is recoverable at applicable retail water and wastewater rates. To begin the utility shall extract utility billing data for x all active metered customer accounts for the most recently available 36 billing periods, and will provide that data to JBS Associates on disk in either comma- delimited ASCII, spreadsheet, or .dbf format similarly to that provided for prior JBS audits in Round Rock. JBS Associates will perform the following tasks: 1. JBS will confirm and compare the summary of metered sales quantities with measured water production volumes and analyze that data on monthly, quarterly and annualized bases. 2. Every active metered account will be reviewed. No-use, low-use, and high-use accounts will be tagged to facilitate further investigation and follow-up. JBS will determine the Meter Utilization Index (MUI) for each active water account and yyill cross reference meter age and meter route to meter type. Active accounts will be reviewed in detail so that those meters having the greatest potential for inaccuracy, application or sizing problems may receive prioritized attention. Meter sizing for high use small meter accounts and meters 1-inch and larger will be sized according to usage history. Special attention will be given to multi-unit and commercial accounts. 3. On-site field inspections will be made on all &I 4_r$"la ° existing customer meters 3-inch and larger that CWf* j.,%,W, ,% A... C.4,.. XrW, A.Ti. e.X-A& �uw�,N . � aaus�s� cow �... nw. wxescrs have been installed since the last audit was f&LMLMM,� Rrs.*WS15+r.&ff" .wrTWO*.r�*M completed. These meter installations will be Y« .« r« �« 0* ya .« inspected, evaluated, photographed and UWV�T"- W^W«WKW�U*= reported in the Large Meter section of the Finalo&rodw xx Report. The large meter photo database Koat developed by JBS in past audits will be updated with the new installations. Installation problems will be noted and recommendations for corrections will be offered. Recommendations for large meter maintenance and replacement frequencies will be determined for each account. 4. A separate analysis of the bulk water meters will be undertaken. This may entail additional investigations in the field requiring support from Utilities Department to provide additional access points or to coordinate meter tests. JBS Water, Inc -2011-2012 5. If indicated by the sizing analysis, JBS may install portable data loggers installed on VOSM C01,11111Y wil)#10-TM VISTA 02 select meters so that extended hourly flow patterns may be developed. This information will be used to check the sizing analysis generated by the computer model. In addition, the consumption history will be Ull analyzed by meter brand, size and age, and it. a complete cost analysis will be prepared. 6. In order to help fine tune system operations, water and sewer tariffs will be built into each account which will be used in the cost analysis for meter replacement and testing. The City's large meter testing program will be reviewed to ensure that best methods for in-house testing are implemented. INWb"— f U"96 7. JBS will complete a distribution of usage 1- -T F [_ I I I LIT I review for each account category and 1A I I meter size. I I LA-L 8. Meter reading and billing procedures will be reviewed and recommendations will be submitted. 9. Meter replacement and payback periods will be determined for each meter size, based on actual projected usage, meter cost, water rates, and meter reading method. TASK 3 - Analysis of Bulk Water Consumption &Metering 1. JBS will review current metering practices for the City's bulk water customers to ascertain the level of precision, taking special consideration of the "deduct" meters. This will include consideration of the changes implemented since the 2007 water audit. 2. Some of the meter related analysis concerning these customers will be addressed in Task #2. However specific inspection of these meter installations will include review of the meter readings and calculations, as well as determination of the respective zones of influence of each meter, data logging of individual meters to determine typical flow rates and consumption patterns. There are over 19 meter locations affected by this task. 3. Additionally it may be necessary to conduct flow measurements independently of each meter to determine whether all flow is accounted for at the existing metering points. These flow measurements will be coordinated with the Utilities Department. JBS Water, tric -2011-2012 4. Further study may entail obtaining records from the individual bulk customers to corroborate data. We will require the City's support in this matter. TASK 4 - Investigation of Authorized Un-Metered Water Use JBS will review reporting procedures concerning areas of non-revenue water usage such as flushing, street and sewer maintenance, contractor use, fire-fighting and training, and other municipal activities where authorized unmetered use of water may be occurring. TASK 5 - Analysis of Existing Line Breaks &Historical Leak Data We will collect and compile available existing work • ` � ,,.,' `". order records of reported line breaks and leaks. The , - _ a ' .'. data will be analyzed for possible correlations that '` may help establish priorities for any anticipated replacement of water distribution and service lines as well as possible future underground leak detection surveys. The results of Tasks 5 and 6 are of particular interest as the City has undergone Y' substantial service line replacement and water mains replacement that has led to an apparent reduction in the incidence of visible leaks repaired by the Line Maintenance Department. The severe drought of 2010-2011 has contributed to a significant increase in line breaks throughout the Round Rock water system. Due to pipe depth and local conditions, not all such leaks surface and are reported for repair. It is likely that in some areas there remains a residual of leaks yet to be identified. TASK 6 - Field Measurements to Determine Underground Leakage Potential 1. Applying knowledge gained on previous projects, the City's water distribution system s maps will be reviewed to plan to nighttime flow measurements of the water system. Where feasible and practical, and with Utilities Department's input, the distribution -: - system will be sub-divided to determine leakage potential in each pressure zone. 2. Field measurements will be made in the early __ morning hours for the purpose of determining how much of the total water loss might be attributable to underground leakage. It is important to undertake these measurements early in the winter to minimize the impact of sprinkler irrigation use. 3. By taking observed flow measurements, population, system statistics and observed nighttime consumption into consideration, an estimated flow rate due to underground leakage can be developed. Combined with the line break history analysis, this information will be used to determine if and where a physical leak detection survey might be cost-effective. JBS Water, Inc -2011-2012 4. For this task, accurate distribution system information (maps and/or local knowledge) will be required. Distribution system flow measurements are useful only when the entire distribution system or separate sectors can be isolated. This task should be accomplished in the winter months to obtain the results before water customers begin extensive sprinkling and irrigation of yards and green areas. TASK 7 - Review Policies &Procedures Affecting Meter Efficiency& Revenue JBS will review existing policies, procedures and standards that may be adversely affecting water accountability, water utility revenues and metering system costs over the long term. Meter sizing, selection, installation and accessibility to facilitate periodic meter testing and maintenance, meter reading and billing are some of the issues that have long-term consequences that must be addressed in order to assure the benefits of the audit shall extend well into the future. TASK 8 - Final Report of Water Distribution System Audit JBS will prepare and present a written Final Report of water audit findings, conclusions, and recommendations generated by the audit, including compilations of data collected during the audit in written and CD-ROM media. The Final Report will be presented in person to City staff to provide an opportunity to ask questions and assure full understanding of the recommendations and results generated by this study. JBS Water, Inc -2011-2012 Exhibit C "Work Schedule" Professional Services Comprehensive Water Distribution System Audit & Meter Management Analysis City of Round Rock, Texas RR Work Schedule by Task (Assumes December 15 2011 Start) a # TASK Q &CRII'1IQN o start Date i5rid Date 1 Analysis of Water Production Meters& Data 26 22-Jan-12 17-Feb-12 2 Comprehensive Analysis of Metered Accounts 112 2-Jan-12 23-Apr-12 2.1 Large Meter Inspections 12 3-Jan-12 15-Jan-12 2.2 Data Logging of Selected Large Meters 19 20-Jan-12 8-Feb-12 3 Analysis of Bulk Water Consumption &Metering 8 9-Jan-12 17-Jan-12 4 Investigation of Water Lost through Un-Metered Use 12 10-Feb-12 22-Feb-12 5 Analysis of Existing Line Breaks& Historical Leak Data 26 20-Feb-12 17-Mar-12 6 Field Measurements to Determine Underground 10 15-Dec-11 25-Dec-11 Leakage Potential 7 Review Policies& Procedures Affecting Meter Efficiency 9 15-Mar-12 24-Mar-12 & Revenue 8 Final Report of Water Distribution System Audit 30 14-Apr-12 14-May-12 Total 123 15-Dec-11 14-May-12 JBS Water, Inc -2011-2012 Task # N N 00 V 0 cn A W N o�0 12-Dec-11 19-Dec-11 .................... _._. _.____._._.._.._...__...._._................ .....__....... .._..._ 26-Dec-11 _..._...._....._...._........_...—__....... _.__.-. O 2-Jan-12 - — 9-Jan-12 - _ --- -._...._._.. -- --- ---.._..... ----- ...... CL o I w 16-Jan-12 O n 23-Jan-12 _.._- ----.__... ._........... a C y N C 30-Jan-12 3 6-Feb-12 OX y C. C) 13-Feb-12 _.._._. 20-Feb-12 0 CD 27-Feb-12 - —. ._._............ ._.........._ ,-1. S 5-Mar-12 ... ..........._._..._........_......_.................... — .._..... _.... __._.. _._._...._..._... C Co n S 3 12-Mar-12 --............_........_._......_.......... ......_..........._.____..._._..__.._._..__._._.._.... _._._._ �D CDco (D 0. 19-Mar-12 _................ _ ..............................--- .._.._.._.....- —..._.._......_... - ._.... ..... ---._..__. C (D 26-Mar- ...................---..............._........._._. ......_....._... ___ .._.._._.__.._.............._.._._ _.._.__._. _ N —_--._.__........_...__....__...__._..__..... ___..._ O 2-Apr-12 _.........._...__...._..........................._._. � 9-Apr-12 _...........-- ................._.._._....._.. ---. _...... .... .._..__.._—.._. ...._.......... jV . . ........ O N 16-Apr- .._.................__....._.........._..._........ _.._.._........_..... ..............................._..__ _ .._............._. 23-Apr-12 - .........._..._.._. .............-..........-....-- _...... __..._._._._......I ..._........... . 30-Apr-12 ----- _ 7-May-12 ..... ............ ......... _...-- -._.._.__._._...... -- ....._._..._.. ---......_.. -_...... 14-May-12 --- -- — - — - EXHIBIT D FEE SCHEDULE Water Distribution System Audit& Meter Management Analysis Our fee for conducting and completing the Professional Services as described in the forgoing Scope of Work(Schedule B)will not exceed$74,950(Lump Sum/Fixed Fee),including all expenses normally associated with the described work.A summaryfee schedule is provided below. Total Total Other TOTALS Talc Labor Hours Loaded Labor Cost Direct Costs Subconsultants 1 Analysis of Water Production Meters&Data 108 $8,525 $600 $0.00 $9,125 2 Comprehensive Analysis of Metered Accounts 154 $12,499 $1,350 $0.00 $13,849 3 Analysis of Bulk Water.Consumption&Metering _ 68_ $5,583 $600 $0.00 $6.183 4 Investigation of Authorized Un-Metered Water Use 80 $6,751 5250 $0_D $7.001 5 Analysis of F)dsting Line Breaks&Historical Leak Data 80 $6.683 $600 $0.00 $7,283 6 FW.d Measurements to Determine Leakage Potential 56 $4.606 5600 $0.00 55.206 7 Review Policies&Procedures re.NRW 44 $3,671 5250 $0.00 53,921 8 ;Final Report of Water Distribution System Audit __. _.._._.183_..,_ $14.664 51.1 $0_00 $15,764 9 -Project 60 $6,353 5250 $0.00 $6,603 GRAND TOTAL: 833 $69.334 $5.600 1 $0-00 $74,934 . ar JBS Water, Inc -2011-2012 Exhibit E "Certificate of Insurance" Professional Services Comprehensive Water Distribution System Audit & Meter Management Analysis for the City of Round Rock, Texas Certificate of Liability Insurance Please find attached Certificate issued by the Hartford Insurance Co. and its agent, the Weatherton-Cole Insurance Agency of Houston, Texas. It should be noted that JBS Water, Inc. (dba JBS Associates) is a principals only organization, with no employees. There is no requirement to carry Workers Compensation in the State of Texas. JBS Water, Inc -2011-2012 �- OP ID:RMF CERTIFICATE OF LIABILITY INSURANCE °" 03raRl THIS CERTIFICATE M ISSN AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTFiCATE DOES NOT AFFIFMIATMAELY OR IEGATNELY AMEND..EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER)5).AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER. ■IPORTANT: 8 Nie eertiTicaie bolder Is an ADDITIONAL INBRED,the golicy(ies)must be endorsed. N SUBROGATION IS WANED.sNbjeii to the tams and conditions of Use policy.oerdei policies may regnre an endorsement A statmneint on this certificate does not Bonier rights to the eesificate bolder NI lies ofsueh s F"coucat 281-46849&52 rrarE FAX Janice M.�n iN 2814=-W71 JAM.Not AOORESX cu$ommoa JBSAS-1 MF ROM IGUN VAGE woes aea+MEn JBS lWater Inc eauRSEA-Hartford Insurance CAxapany 4715 Strack Rd Suite 114 WiEEreir.Hartlord hnsiurarnce Company Houston,TX T7469 waLfNEnc- WiEEREnT 0' WLUEAE: WiwmtF: COVERAGES CERTIFICATE IRMNIBER: REVISION t LKIBER: THS IS TO CUM"THAT RCE POLICES OF DANCE LISTED KLOW HAVE MEN ISSUED TO THE MMMO NA=AEOYE FOR THE POLICY PERIOD INDICATED. NOTYNTHSrANDING AMY REfiMMMEIrT.TERM OR CONDITION Of ANY CONTRACT OR OTHER DOCLWNT WITH RESPECT TO WHCH THIS CERTIFICATE MAX IIE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED DY THE POLICIES DEWRRIED HEREIN LS SUDIECT TO ALL THE TERMS. EXCLIZIOINS AND CONOITIONS OF 3"POLE.L.WM 3HOWN MAY HAVE BEEN REDUCED BY PAS?CLAN& TYMOF 0110D FOLOY aLnnaar MENIZVvym 1111111111mmm LMMi 96E1ALLIMYLY wwwoocuRweECE i 1�wqm A X NNIM18MOIAr.LENEMNLLILieITY SISBABY7558 030=1 03I03f12 Iftemadmaw i 368' g00E a cxxxm EFDEW(^Vowpwwi i 10, FEsraclwa.anovMssEr i 1.00'0. - GE ERALAGL#ri1ATE i 2,000 OENLAQGRBGA=UMn`AN%X*FHt PRfEOElGTs-aauFrtEF Aco i EXCLUDEE �_- FawY X rte' Loc i �� OornwlEo airrlLE Lnrr s tom. Nracaienu /WYAEtTO 600a.Y oiafRY QAtFQ>rR1 i ALL OgR1E6lllJ►OE IOOLY ENAAIY R'tr�C[��6 i iCFi®t1<kDAtlrOa B X ISBASY75M 03M3fi1 03M2 oEVAnrIE i X RawaEM�Ktroi i i •�� i[fAa ppm EACH OCCLER� i elaoris Lica qOE A7E i faDUCTME i IEIENriON 4 1 i YrOraoaEi 00I11EMeA701M YA iTATtt- AaDEIM•.nY YIN ATR IA E.L.EACH ACCDEafr i EXCLUDIMP ED InINt4 —a -EkSAFLOTME i gymeGlalcIAIMM CEMUMP nON OFCVERKTEONS UMW EA.OnaEArW-FOLCYLIMIT i cEuxaEOROFaFeEEnEOIEttLaeRlloEsttt�r�__lea Amem" w..isiwsr.cras•awEcwvr.e The�y of RcNrrEd iaotlL is rraoeNl abrlA 11nalm �d A 0 notnoe d amwellaiorn Is k"mled so 81e City of F>aEw W Rock.. CERTIFICATE HOLDER CANCELLATION ROUND01 fILDER.D ANY OF THE AeD11E DEfC1I10®POLSIEi sE C/IIN:EiJ.ED d� T E EIPSMMON DATE RE%W. NOTICE MILL ft DELIVERS! N ACCORDANCE MRTN TIE POLICY PION%. City of Round Rods CityUmnallw ALrniori®� 221E / STrX 7 r`A47*X40 ,t Rowed Rock TX 78664 � 01988-2009 ACORD CORFORATIOit. AN rights reserved ACORD25PNMM The ACORD niauEe and logo am regisl esed marks ofACORD JBS Water, Inc -2011-2012 EXECUTED DOCUMENTS FOLLOW i i E E i CITY OF ROUND ROCK CONSULTING AGREEMENT FOR PROFESSIONAL SERVICES FOR COMPREHENSIVE WATER DISTRIBUTION SYSTEM AUDIT AND METER MANAGEMENT ANALYSIS WITH JBS WATER,INC. dba JBS ASSOCIATES THIS AGREEMENT for professional services for Comprehensive Water Distribution System Audit and Meter Management Analysis("Agreement")is made by and between the City of Round Rock, a Texas home rule municipal corporation,whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, ("City") and JBS Water, Inc. dba JBS Associates ("JBS" or "Consultant"), whose offices are located at 4715 Strack Road; Suite 114, Houston, Texas 77069. RECITALS: WHEREAS, City has previously determined that there is a need for examination in the form of a water leak detection program to detect unaccounted-for water loss;and WHEREAS,City has previously contracted with JBS for various phases of a Water Leak Detection Program, which inspections detected leaks whose repair subsequently afforded City substantial yearly savings;and WHEREAS, City desires to contract for professional services for Comprehensive Water Distribution System Audit and Meter Management Analysis;and WHEREAS, City desires to contract with JBS for professional services to detect unaccounted-for water which will afford a long-term cost savings for City;and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights,duties and obligations hereunder; NOW,THEREFORE,WITNESSETH: E That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 EFFECTIVE DATE,DURATION,AND TERM This Agreement shall be effective on the date this Agreement has been signed by every party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein,or is terminated or extended as provided herein. The term of this Agreement shall be for twelve(12)months beginning from the effective date hereof. 00239827/jkg Revised 12/19/11 i I It is expressly acknowledged by the parties that JBS has agreed to complete all work i within one hundred twenty-three (123) calendar days following the date work is begun, in accordance with Exhibit"C"attached hereto and incorporated herein by reference. City reserves the right to review the project at any time, including at the end of any deliverable or phase, and may elect to terminate the project with or without cause or may elect to continue with the next deliverable or phase. 1.02 PAYMENT In consideration for the professional services to be performed by JBS, City agrees to pay JBS a not-to-exceed total sum of Seventy-four Thousand Nine Hundred Thirty-four and No/100 Dollars ($74,934.00), in accordance with this fixed-fee Agreement and Exhibit "D" attached hereto and incorporated herein by reference. The parties expressly acknowledge and agree that reimbursable expenses of any nature are included within the not-to-exceed total sum of$74,934.00. JBS's compensation for professional services shall not exceed, without written consent, I the amounts indicated in this Agreement and exhibits. City shall pay,strictly within the confines of the not-to-exceed sum recited herein,JBS's professional fees for work done on behalf of City. 1.03 TERMS OF PAYMENT To receive payment on a percentage-of-completion basis, JBS shall prepare and submit detailed invoices to City one (1) time per month for services rendered. If City has any dispute with work performed, then City shall notify JBS within thirty (30) days after receipt of invoice. In the event of any dispute regarding the work performed, then and in that event JBS shall either (a)satisfactorily re-perform the disputed services or(b)provide City with an appropriate credit. 1.04 OBJECTIVES AND SCOPE OF WORK JBS contracts to work with City to conduct a Comprehensive Water Distribution System Audit and Meter Management Analysis. Objectives and Scope of Work: JBS agrees to provide, by way of inclusion but not limitation,the following services which are more specifically delineated in Exhibit`B"attached hereto and made a part hereof for all purposes: Task 1. Analysis of Water Production Meters and Data; Task 2. Comprehensive Analysis of Metered Accounts; Task 3. Analysis of Bulk Water Consumption&Metering; Task 4. Investigation of Authorized Un-Metered Water Use; Task S. Analysis of Existing Line Breaks&Historical Leak Data; Task 6. Field Measurements to Determine Underground Leakage Potential; 2 i Task 7. Review Policies&Procedures Affecting Meter Efficiency&Revenue; Task 8. Final Report of Water Distribution System Audit. 1.05 REQUIRED REPORTS JBS agrees to provide City with either a written or oral report each month, at City's ! designation,detailing status of all activities associated with the assessment. i JBS agrees to provide City with a detailed final written report, together with all information gathered during the course of the project. Additionally, JBS agrees to provide City Council and City Staff with an oral presentation of such detailed final written report, at City's designation and at no additional cost to City. 1.06 LIMITATION TO SCOPE OF WORK JBS and City agree that the scope of work to be performed is generally enumerated in Section 1.04 herein and is specifically enumerated in Exhibit "B" attached hereto and made a part hereof for all purposes. Notwithstanding anything in this Agreement to the contrary, all parties further agree that City retains full and absolute discretion and authority for all funding decisions,and all such decisions will be based solely on criteria accepted by City which may be influenced by but shall not be dependent on JBS's work. 1.07 OBLIGATIONS OF CITY Obligations of City shall be as delineated in Exhibit"A"attached hereto and incorporated herein by reference,and as recited in this section: 1. City shall assist JBS by providing available non-confidential information and data pertinent to the project,including but not limited to previous reports; 2. City shall provide meter readings and printouts of all bulk water meters served by City,such data to be in spreadsheet format if available;and City shall obtain copies of bulk water clients' monthly meter readings for comparison purposes; 3. City shall provide a person knowledgeable of meter locations/installations to f assist JBS during the execution of the following two tasks: large meter inspections, and data logging; 4. City shall provide test data of all large meters (including bulk water) tested by City or by other contractors during the preceding three(3)years; 5. City shall arrange for access by JBS onto public and private property as required by JBS in order to perform its services; 6. City shall give prompt written notice to JBS whenever City observes or otherwise becomes aware of relevant developments that would affect the scope or timing of JBS's services hereunder. Additionally, City shall give prompt written notice to JBS under Section 1.03 herein regarding any defects in the work or services performed by JBS; 3 I i 7. City shall be responsible for providing general assistance and supervision in the I conduct of the investigations; 8. City shall be responsible for furnishing warning devices, i.e. lights and barricades, for the protection of the general public and for the protection of JBS's instruments; 9. City shall be responsible for furnishing and installing corporation stops at the points designated by JBS for meter testing purposes; 10. City shall be responsible for notifying officials and customers of possible temporary reduction or curtailment of water service; 11. City shall be responsible for providing competent personnel to operate water plant,wells,and valves in connection with JBS's flow studies; 12. City shall be responsible for providing a meter reader to show JBS locations of meters to be inspected; 13. City shall be responsible for providing JBS with a billing database and line break history in an acceptable format for analysis. 1.08 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving JBS a written notice of termination at the end of its then-current fiscal year. 1.09 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to JBS will be made within thirty(30)days of the day on which City receives the performance,supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services,whichever is later. JBS may charge a late fee of one percent (1%) for payments not made in accordance with this prompt payment policy;however,this policy does not apply to payments made by City if: 1. There is a bona fide dispute between City and JBS concerning the supplies, materials or equipment delivered or services performed which causes the payment to be late;or 2. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds;or 3. There is a bona fide dispute between any of the parties and subcontractors or between a subcontractor and its suppliers concerning supplies,materials,or equipment delivered or the services performed which causes the payment to be late;or 4 4. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 1.10 TERMINATION i This Agreement may be terminated for any of the following conditions: i 1. By City for reasons of its own, with or without cause, and not subject to the � mutual consent of any other party, such written termination notice to be given to the other parties not less than thirty(30)days prior to termination. 2. By mutual agreement and consent of all parties,such agreement to be in writing. 3. By City for failure by the other party or parties to perform the services set forth Ii herein in a satisfactory manner, such termination notice to be given in writing to the other parties. 4. By any party for failure by any other party to fulfill its obligations as set forth herein. 5. By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided,no fees other than fees due and payable at the time of termination shall thereafter be paid to any other party. In determining the value of the work performed by any other party prior to termination, City shall be the sole judge. Compensation for work at termination shall be based on percentage of work satisfactorily completed to that time. Should City terminate this Agreement under this Section 1.10(1), the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty(30)days. If any party defaults in performance of this Agreement or if City terminates this Agreement for default on the part of one of the other parties,then City shall give consideration to the actual costs incurred by the other parties in performing the work to the date of default. The cost of the work that is useable to City, the cost to City of employing another firm to complete the useable work,and other factors will affect the value to City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as set forth above shall extinguish all rights,duties,and obligations of City and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to cancellation. 1.11 INDEPENDENT CONTRACTOR STATUS JBS is an independent contractor, and is not City's employee. JBS's employees or i subcontractors are not City's employees. This Agreement does not create a partnership, employer-employee, or joint venture relationship. No party has authority to enter into contracts as agent for the other parties. JBS and City agree to the following rights consistent with an independent contractor relationship: S i I 1. JBS has the right to perform services for others during the term hereof. 2. JBS has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed. 3. JBS has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. 4. JBS or its employees or subcontractors shall perform the services required hereunder,and City shall not hire,supervise,or pay any assistants to help JBS. 5. JBS nor its employees or subcontractors shall receive training from City in skills necessary to perform services required by this Agreement. G. City shall not require JBS or its employees or subcontractors to devote full time to performing the services required by this Agreement. I 7. Neither JBS nor its employees or subcontractors are eligible to participate in any employee pension,health,vacation pay,sick pay,or other fringe benefit plan of City. 1.12 NON-SOLICITATION All parties hereto agree that they shall not directly or indirectly solicit for employment, employ,or otherwise retain staff of the others during the term of this Agreement. 1.13 CONFIDENTIALITY Any programs, data, or other materials furnished by City for use by the parties in connection with sei vices to be performed under this Agreement shall remain the sole property of { City and shall be held in confidence by the parties as set forth hereunder. All parties agree to hold all confidential information in the strictest confidence and not make any use thereof other than for the performance of this Agreement. Notwithstanding the foregoing, the parties recognize and understand that City is subject to the Texas Public Information Act and its duties run in accord therewith. 1.14 SERVICES WARRANTIES JBS warrants that all services performed hereunder shall be performed consistent with generally prevailing professional or industry standards, and shall be performed in a professional and workmanlike manner. JBS shall re-perform any work not in compliance with this warranty. City shall report any deficiencies in JBS's services to JBS in writing within one hundred twenty ; (120) days from successful implementation and acceptance of the work to receive warranty remedies. I I G I i 1.15 INDEMNIFICATION JBS agrees to hold harmless, exempt, and indemnify City, its officers, agents, servants and employees, from and against all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, attorneys fees, and claims, and any and all other costs and fees incident to any work done as a result of this Agreement arising as a result of actions by it and its agents and subcontractors during its performance pursuant to this Agreement. 1.16 ASSIGNMENT AND DELEGATION No party may assign any rights or delegate any duties under this Agreement without the other party's prior written approval. 1.17 LOCAL,STATE AND FEDERAL TAXES s JBS shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred I while performing services under this Agreement. City will not do the following: i 1. Withhold FICA from JBS's payments or make FICA payments on its behalf; 2. Make state and/or federal unemployment compensation contributions on JBS's behalf;or 3. Withhold state or federal income tax from any of JBS's payments. f 1.18 NOTICES j All notices and other communications in connection with this Agreement shall be in f writing and shall be considered given as follows: I 1. When delivered personally to the recipient's address as stated in this Agreement; or i r 2. Three (3) days after being deposited in the United States snail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to JBS: I JBS Water,Inc. Attention:James B. Smith 4715 Strack Road,Suite 114 Houston,Texas 77069 I 7 Notice to City: City of Round Rock Attention: Steve Norwood,City Manager 221 East Main Street Round Rock,Texas 78664-5299 AND TO: City Attorney's Office Attention: Stephan L. Sheets,City Attorney 309 East Main Street Round Rock,Texas 78664 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of City and JBS. 1.19 APPLICABLE LAW The laws of the State of Texas shall govern this Agreement. Venue shall lie in Williamson County,Texas. 1.20 EXCLUSIVE AGREEMENT. The terms and conditions of this Agreement, including the exhibits listed below, constitute the entire agreement between the parties and supersede all previous communications, representations, and agreements, either written or oral, with respect to the subject matter hereof. No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized representative for each party. This Agreement may be executed in multiple counterparts, which taken together shall be considered as one original. 1.21 DISPUTE RESOLUTION If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City shall select one mediator and JBS shall select one mediator and those two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the ' mediation shall be shared equally by the parties. City and JBS hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14)or any applicable state arbitration statute. 8 i 1.22 ATTORNEY FEES In the event that any lawsuit is brought by one party against any of the other parties in connection with this Agreement, the prevailing party shall be entitled to seek to recover its reasonable costs and reasonable attorney fees. 1.23 FORCE MAJEURE Notwithstanding any other provisions of this Agreement to the contrary,no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or a breach of this Agreement, only to the extent that such failure to perform, delay or default arises out of causes. beyond control and without the fault or negligence of the party otherwise chargeable with failure, delay or default; including but not limited to acts of God,acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes,natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by any one or all of the parties. 1.24 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion of provision of this Agreement void shall in no way affect the validity of enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion of provision held to be void. The patties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from ' being void should a provision which is of the essence of this Agreement be determined void. 1.25 GENERAL AND MISCELLANEOUS The section numbers and headings contained herein are provided for convenience only and shall have no substantive effect on construction of this Agreement. No purchase order or other ordering document that putpoAs to modify or supplement the printed text of this Agreement or any schedule, exhibit or addendum shall add to or vary the terms of this Agreement. All such proposed variations or additions (whether submitted by JBS or City)are objected to and deemed material unless properly agreed to in writing. Except for contractual obligations recited herein, no party shall be liable for any failure due to causes beyond its control. The failure of a party to exercise any.right hereunder shall not i operate as a waiver of said party's right to exercise such right or any other right in the future. To expedite order processing, transmitted copies are considered documents equivalent to original documents; however, City agrees to provide the other parties with one fully executed original Agreement. h 9 IN WITNESS WHEREOF, all parties have executed this Agreement on the dates indicated. CITY qf ROUND ROCK,TEXAS By: m Title: DateSigned: . a?A-IZ. FOR CITY,ATTEST: • ycAery. Date Signed: FOR Y,APPRO D AS TO FORM: Stephan . Sheets,City Attorney JBS WATER,INC. dba JBS ASSOCIATES By: Title: Date Signed:�� Z 6, Za l I1 I 10 Exhibit A "Services to be Performed by City" Professional Services Comprehensive Water Distribution System Audit & Meter Management Analysis for City of Round Rock, Texas The City is not expected to provide any "services" as part of this project, other than to provide the data necessary to conduct the water audit and meter management study and to provide appropriate Utilities Dept. staff to assist in the large meter inspection, production meter testing and meter data logging tasks. The night flow test is to be conducted by the Utilities Department, with support and advice from the Consultant. The results of this test will be an integral part of the final water loss analysis. The following obligations are outlined to identify the support needed from the City in order to successfully complete this study. OBLIGATIONS OF CITY 1. City shall assist JBS/Consultant by providing available non-confidential information and data pertinent to the project, including but not limited to previous reports. 2. Provide meter readings and printouts of all bulk water meters served by the City. Provide data in spreadsheet format. Obtain copies of the bulk water clients' monthly meter readings for comparison purposes. 3. Large Meter Inspections and Data logging: Provide a person knowledgeable of meter locations/installations to assist the Consultant during the execution of these two tasks. 4. Provide test data of all large meters (including Bulk water)tested by City or by contractors in the last 3 years. 5. City shall arrange for access by JBS/Consultant onto public and private property as required by JBS/Consultant in order to perform its services. 6. City shall give prompt written notice to JBS/Consultant whenever City observes or otherwise becomes aware of relevant developments that would affect the scope or timing of JBS/Consultant's services hereunder. Additionally, City shall give prompt written notice to JBS/Consultant under Section 1.3 herein regarding any defects in the work or services performed by JBS/Consultant; JBS Water, Inc -2011-2012 7. City shall be responsible for providing general assistance and supervision in the conduct of the investigations. 8. City shall be responsible for furnishing warning devices, i.e. lights and barricades, for the protection of the general public and for the protection of JBS/Consultant's instruments. 9. City shall be responsible for furnishing and installing corporation stops at the points designated by JBS/Consultant for production meter testing purposes. 10. City shall be responsible for notifying officials and customers of possible temporary reduction or curtailment of water service. 11. City shall be responsible for providing competent personnel to operate water plant, wells and valves in connection with JBS/Consultant's flow studies; 12. City shall be responsible for providing a meter reader to show JBS/Consultant locations of meters to be inspected. 13. City shall be responsible for providing JBS/Consultant with a billing database and line break history in an acceptable format for analysis as in past projects. JBS Water, Inc -2011-2012 Exhibit B "Services to be Performed by Engineer" Professional Services Comprehensive Water Distribution System Audit & Meter Management Analysis for the City of Round Rock, Texas Scope of Work TASK 1 -Anal sis of Water Production Meters and Data The first step, in evaluating the water system, will be verification of available historical data representing the quantities of water produced or pumped for distribution. This information, along with the data provided from other tasks, will be compared with the data from the previous audit. These comparisons will identify where recent actions by the City have produced tangible benefits in the metered ratio and/or where further action is required. We will review the methods currently used to measure, report and record the amount of water produced. We will survey the meter type, capacity range and installation suitability for each metering location. Our quantitative analyses of water production data shall include: A. Evaluating production meter installations as they may adversely affect meter accuracy and reliability. B. Verifying historical water production data since the last audit was completed. C. Production meter accuracy will be determined with in field testing. A pitot rod, time-volume, and/or a transit-time ultra-sonic test technique, alone or in combination, will be used to test the accuracy of each meter. This will re-establish a baseline for comparing system wide water accountability. The analysis of existing water production data will confirm that the produced water data are credible for determining the volumes and percentages of water loss. The accuracy of JBS Water, Inc -2011-2012 production data is critical to the overall audit as it provides the base-line against which all other water use data are referenced. TASK 2 - Comprehensive Analysis of Metered Accounts This task is vital to the study, because the high potential value of non-revenue water (NRW) due to meter inaccuracies is recoverable at applicable retail water and wastewater rates. �l To begin the utility shall extract utility billing data for all active metered customer accounts for the most lig recently available 36 billing periods, and will provide that data to JBS Associates on disk in either comma- delimited ASCII, spreadsheet, or .dbf format similarly to that provided for prior JBS audits in Round Rock. JBS Associates will perform the following tasks: 1. JBS will confirm and compare the summary of metered sales quantities with measured water production volumes and analyze that data on monthly, quarterly and annualized bases. 2. Every active metered account will be reviewed. No-use, low-use, and high-use accounts will be tagged to facilitate further investigation and follow-up. JBS will determine the Meter Utilization Index (MUI) for each active water account and will cross reference meter age and meter route to meter type. Active accounts will be reviewed in detail so that those meters having the greatest potential for inaccuracy, application or sizing problems may receive prioritized attention. Meter sizing for high use small meter accounts and meters 1-inch and larger will be sized according to usage history. Special attention will be given to multi-unit and commercial accounts. 3. On-site field inspections will be made on all Lk I A-*.,ft-POW Sw-:' WAMWO "" existing customer meters 3-inch and larger that "c`ry aws$Gdx.ss x.rr "` °""°`"`I`"°""'�" . as a►. xvup- waw rM. +aaa have been installed since the last audit was " ' ' sumfiA Cana &_ %Oe WY.M= completed. These meter installations will be `"'r""~',a r Rls...elJr..rM.J,o,Y.e.u.wrr„{' " r Yw Yw Yw Ib C{k Yw Yw fat&9MM &"W&aIMt inspected, evaluated, photographed and rr.: wsrraswa.rmwrrxawwsvrwrwrroas¢ reported in the Large Meter section of the Final Report. The large meter photo database developed by JBS in past audits will be updated with the new installations. Installation problems will be noted and recommendations for corrections will be offered. Recommendations for large meter maintenance and replacement frequencies will be determined for each account. 4. A separate analysis of the bulk water meters will be undertaken. This may entail additional investigations in the field requiring support from Utilities Department to provide additional access points or to coordinate meter tests. JBS Water, Inc -2011-2012 5. If indicated by the sizing analysis, JBS may install portable data loggers installed on ...VVMSONCWMML.1)110-TEPA VISTA 02 select meters so that extended hourly flow patterns may be developed. This information will be used to check the sizing analysis generated by the computer model. U 1 iui! In addition, the consumption history will be analyzed by meter brand, size and age, and 1: a complete cost analysis will be prepared. IN IM. Rit! 6. In order to help fine tune system operations, water and sewer tariffs will be built into each account which will be used in the cost analysis for meter replacement and testing. The City's large meter testing program will be reviewed to ensure that best methods for in-house testing are implemented. Divdb" of Usag. 7. JBS will complete a distribution of usage review for each account category and meter size. 7 8. Meter reading and billing procedures will be reviewed and recommendations will be submitted. 9. Meter replacement and payback periods will be determined for each meter size, based on actual projected usage, meter cost, water rates, and meter reading method. TASK 3 - Analysis of Bulk Water Consumption & Metering 1. JBS will review current metering practices for the City's bulk water customers to ascertain the level of precision, taking special consideration of the udeduct" meters. This will include consideration of the changes implemented since the 2007 water audit. 2. Some of the meter related analysis concerning these customers will be addressed in Task #2. However specific inspection of these meter installations will include review of the meter readings and calculations, as well as determination of the respective zones of influence of each meter, data logging of individual meters to determine typical flow rates and consumption patterns. There are over 19 meter locations affected by this task. 3. Additionally it may be necessary to conduct flow measurements independently of each meter to determine whether all flow is accounted for at the existing metering points. These flow measurements will be coordinated with the Utilities Department. JBS Water, Inc -2011-2012 4. Further study may entail obtaining records from the individual bulk customers to corroborate data. We will require the City's support in this matter. TASK 4 - Investigation of Authorized Un-Metered Water Use JBS will review reporting procedures concerning areas of non-revenue water usage such as flushing, street and sewer maintenance, contractor use, fire-fighting and training, and other municipal activities where authorized unmetered use of water may be occurring. TASK 5 - Analysis of Existing Line Breaks &Historical Leak Data We will collect and compile available existing work order records of reported line breaks and leaks. The 1.•. • data will be analyzed for possible correlations that ,, may help establish priorities for any anticipated , replacement of water distribution and service lines as � ,t` •" . well as possible future underground leak detection surveys. The results of Tasks 5 and 6 are of particular interest as the City has undergone substantial service line replacement and water mains replacement that has led to an apparent reduction in the incidence of visible leaks repaired by the Line Maintenance Department. The severe drought of 2010-2011 has contributed to a significant increase in line breaks throughout the Round Rock water system. Due to pipe depth and local conditions, not all such leaks surface and are reported for repair. It is likely that in some areas there remains a residual of leaks yet to be identified. TASK 6 - Field Measurements to Determine Underground Leakage Potential 1. Applying knowledge gained on previous projects, the City's water distribution system �� 5 a' maps will be reviewed to plan to nighttime flow measurements of the water system. Where feasible and practical, and with Utilities Department's input, the distribution system will be sub-divided to determine leakage potential in each pressure zone. 2. Field measurements will be made in the early morning hours for the purpose of determining how much of the total water loss might be attributable to underground leakage. It is important to undertake these measurements early in the winter to minimize the impact of sprinkler irrigation use. 3. By taking observed flow measurements, population, system statistics and observed nighttime consumption into consideration, an estimated flow rate due to underground leakage can be developed. Combined with the line break history analysis, this information will be used to determine if and where a physical leak detection survey might be cost-effective. JBS Water, Inc -2011-2012 4. For this task, accurate distribution system information (maps and/or local knowledge) will be required. Distribution system flow measurements are useful only when the entire distribution system or separate sectors can be isolated. This task should be accomplished in the winter months to obtain the results before water customers begin extensive sprinkling and irrigation of yards and green areas. TASK 7 - Review Policies &Procedures Affecting Meter Efficiency& Revenue JBS will review existing policies, procedures and standards that may be adversely affecting water accountability, water utility revenues and metering system costs over the long term. Meter sizing, selection, installation and accessibility to facilitate periodic meter testing and maintenance, meter reading and billing are some of the issues that have long-term consequences that must be addressed in order to assure the benefits of the audit shall extend well into the future. TASK 8 - Final Report of Water Distribution System Audit JBS will prepare and present a written Final Report of water audit findings, conclusions, and recommendations generated by the audit, including compilations of data collected during the audit in written and CD-ROM media. The Final Report will be presented in person to City staff to provide an opportunity to ask questions and assure full understanding of the recommendations and results generated by this study. JBS Water, Inc -2011-2012 Exhibit C "Work Schedule" Professional Services Comprehensive Water Distribution System Audit & Meter Management Analysis City of Round Rock, Texas RR Work Schedule by Task (Assumes December 15 2011 Start) a # TASK DESCRIPTION Start Date End Date 1 Analysis of Water Production Meters& Data 26 22-Jan-12 17-Feb-12 2 Comprehensive Analysis of Metered Accounts 112 2-Jan-12 23-Apr-12 2.1 Large Meter Inspections 12 3-Jan-12 15-Jan-12 2.2 Data Logging of Selected Large Meters 19 20-Jan-12 8-Feb-12 3 Analysis of Bulk Water Consumption & Metering 8 9-Jan-12 17-Jan-12 4 Investigation of Water Lost through Un-Metered Use 12 10-Feb-12 22-Feb-12 5 Analysis of Existing Line Breaks& Historical Leak Data 26 20-Feb-12 17-Mar-12 6 Field Measurements to Determine Underground 10 15-Dec-11 25-Dec-11 Leakage Potential 7 Review Policies& Procedures Affecting Meter Efficiency 9 15-Mar-12 24-Mar-12 & Revenue 8 Final Report of Water Distribution System Audit 30 14-Apr-12 14-May-12 Total 123 15-Dec-11 14-May-12 JBS Water, Inc -2011-2012 Task # o5iN ns .1h. W W 12-Dec-11 co 19-Dec-11 ............. ...................... .......... 26-Dec-11 ...... O 2-Jan-12 o CL 9-Jan-12 ................................. .................... ry o 0 16-Jan-12 0 0 ....................................... 23-Jan-12tn CL c 30-Jan-12 3 —t X.......- ...... o 0 ,02. 6-Feb-12 0 ....................................................................... ..............-------- 13-Feb-12 -0 20-Feb-12 27-Feb-12 C) Pr cn 5-Mar-12 ...... ------..................... ............... .......... ........ CA CA 12-Mar-12 ............... CD CL r 19-Mar-12 .......... ...................... ..........--.-............................ ................... (D 26-Mar-12 ............ O cr 2-Apr-12 .............. --------------- .......... .._. 9-Apr-12 ------------- ........... .......... ........----------......... - ............. .................... 16-Apr-12N 7C 23-Apr-12 30-Apr-12 7-May-12 .............. 14-May-12 SUWON, EXHIBIT D FEE SCHEDULE Water Distribution System Audit & Meter Management Analysis Our fee for conducting and completing the Professional Services as described in the forgoing Scope of Work(Schedule 8)will not exceed$74,950(Lump Sum/Fixed Fee),including all expenses normally associated with the described work.A summaryfee schedule is provided below. Total Taal Other Task Labor Hours Loaded Labor Cost Direct Costs Subconwltants TOTALS 1 Analysis of Water Production Meters&Data 108 $8,525 $600 $0.00 $9,125 2 Comprehensive Analysis of Metered Accounts 154 $12,499 $1.350 $0.00 $13,849 3 Analysis of Bulk Water Consumption&Metering 68 $5,583 $600 $0.00 $6,183 4 Irrvestigation of Authorized Un-Metered Water Use 80 $6,751 $250 $0.00 $7,001 5 Analysis of Existing Line Breaks&Historical Leak Data 80 $6,683 $600 $0.00 $7,283 6 Field Measurements to Determine Leakage Potential 56 $4,606 $600 $0.00 $5,206 7 Review Policies&Procedures re-,NRW 44 $3,671 $250 $0.00 $3,921 8 Final Report of Water Distribution System Audit 183 $14,664 $1,100 $0.00 $15,764 9 Pro t Man meat 60 $6,353 $250 1 $0.00 1 $6,603 GRAND TOTAL: 1 833 1 $69,334 $5,600 $0.00 S7;,g34 JBS Water, Inc -2011-2012 Exhibit E "Certificate of Insurance" Professional Services Comprehensive Water Distribution System Audit & Meter Management Analysis for the City of Round Rock, Texas Certificate of Liability Insurance Please find attached Certificate issued by the Hartford Insurance Co. and its agent, the Weatherton-Cole Insurance Agency of Houston, Texas. It should be noted that JBS Water, Inc. (dba JBS Associates) is a principals only organization, with no employees. There is no requirement to cant'Workers Compensation in the State of Texas. JBS Water, Inc -2011-2012 l'''-w*N OP B:RW '''r1 RL' CERTIFICATE OF LIABILITY INSURANCE TINS CERTIFICATE B ISSUED AS A NATTER OF IIFORBATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDETL THIS CERTIFICATE DOES NOT AFFMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFlCATE OF MO R ANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING NNSURERIS),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLM. IMPORTANT If the eerti6caie holder is an ADDITIONAL.INSURED.the pah"fiesj must be endorsed. f 3UBROGATON IS WAIVED,subject W the beros and conditions of the policy,certain policies may rmNie an endorserneaL A statin oeM on this certificate does not caoier rw is to the cm0kate holder in Herr of such mdorsupenft PRODUCER 1Mbon-Cok Inst 7=mjm mitt.100 2111-494271 fy►z Janice Y.Weaealheerboa B,JB&AS-1 DMUIWW)AFFBCOtIPLMW NAIL s INSURED JBS Water lone nAauABrA:Hartlord Insurance Combparty 4715 Strack Rd Suite 114 mmummisMartford bisurance Company Houston,TX 77063 ENURBuc: ININN ND- Mrtle®!E eIMIE1Bl f COVERAGES CERTIFICATE MAIIBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICE3 Of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVIIITHSTANDINGS ANY REQUIREMENT.TERM OR CONDITION Of ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- TVPE(7FEBreIArrLTe PDUCP� LEM SBBMLLIAELny 61CF10CCVRIVEVCE A X GMe+RtpAL DENBMAt LV4WJTY SISBABY75M 03MY11 03IM2 rjN%pmNb0mvwmj i 300,000. a AaFwAADE�oaAdR MEDEW(NW O a r OSM i IBM FERSOWL S ADV MLAART i 1.000. WEEiAL ABATE i 2,000 OENL AGGRIMATE UWT APPLES Frit PRODUCTS-cDtrrar ADo EXCLUDEK FD— X fray: LDD i AIRCIN IaEIMBUTY Omomimu DLEL"T paac mm i 1'000' ANY AUTO WOOLLY ELAJRY Mw 1 i ALL OMrN:DAUTOS SOOA.Y DUURY mw NZA"m i SCHEDULED AUTOS PROPIRwoffivm B X momAutoe SBABY7550 031MI 03103112 i X Nowcwuwmnm i i IrIBLA LMEOCLSA4 &ACF#OCCURAD= i rDOCML" CLAIMPA AOE AGGREM'E i DEDUUMM E i RETBPTTDN i narEmuu OOrIBHItTI01F VMC AItY DTH NB�LOVBN'tMB.rrY YIN ANT ❑ I A EL EACH ACCEA9YT i SerMiw.flnllFp EXCLU E LL.O -15AEMPLOVIIII.i Eym Argyle~ DESCIVInION OF QFSRKn0N&W" FLOAaaiSE-POLICYtW1T i The city of FtDLrW Rocklin nasled i� A day notice off rwelsw w s I.pwq canoefiion is included to•re City of hound RoclL CERTIFICATE HOLDER CANCELLATION ROUND01 SHOULD AMI'OF THE ABOVE DESCMW POLICES BE CANCELLED BEFM THE 191PIIATIONN DATE THEREOF. NOTICE WILL BE DELNERED M City of Round ROCU ACCORDANCE WITH THE POLICY PRO44MONS. City meager Aurid®vowmamnATNE Rm E Main ,T X 796" Rorwid Rods,TX 75664 IV 4D1910-200.9 ACORD CORPORATION. AN Tights reserved ACORD 25(2009)M The ACORD nmw and logo are registered marks of ACORN JBS Water, Inc -2011-2012 ffiUNDROCK TEXAS City Council Ala Summary Sheet PURPOSE.PARS M PRosP9(C1C Agenda Item No. 10E2. Consider a resolution authorizing the Mayor to execute Agreement for Professional Services for Comprehensive Water System Distribution System Audit and Meter Agenda Caption: Management Analysis" with JBS Water, Inc.dba JBS Associates. Meeting Date: February 9,2012 Department: Utilities and Environmental Services Staff Person making presentation: Michael Thane Utilities Director Item Summary: This agreement will provide the City of Round Rock with a diagnosis of unaccounted-for water loss in the water distribution system and identify additional cost savings and efficiencies. The audit is designed to help the City reduce the balance of water loss as cost effectively as possible and places emphasis on the meter management, meter sizing, and bulk meter aspects, as well as leakage. In evaluating the water system, JBS will verify available historical data representing the quantities of water produced or pumped for distribution. This evaluation identifies where actions needed to be taken by the City to reduce losses in the system. Considerable savings in water loss and associated costs could be achieved through implementation of the audit conclusions. JBS Associates conducted the past three water distribution system audits for the City of Round Rock, with the latest being conducted in 2007. It is assumed that unaccounted-for water is 75% contributable to leakage losses and 25% associated with metering, meter reading,theft, and billing. The City conducts this extensive audit of the water distribution system and meter management analysis every five years. Cost: $74,934 Source of Funds: Utility Fund Date of Public Hearing(if required): N/A Recommended Action: Approval