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Contract - JBS Water, Inc. - 4/14/2022 CITY OF ROUND ROCK AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES RELATED TO WATER DISTRIBUTION AND METER MANAGEMENT AUDIT WITH JBS WAT THE STATE OF TEXAS § THE CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THIS AGREEMENT for professional consulting services related to water distribution and meter management audit sp ces (the "Agreement"), is made and entered into on this day of the month of .............................. 2022, by and between the CITY OF ROUND ROCK, a c yjj Texas home-rule mumct� �al corporation with offices located at 221 East Main Street, Round Rock, Texas 78664-5299 (the "City"), and JBS WATER, INC. with offices located at 14037 Cashel Forest Drive, Houston, Texas 77069 (the "Consultant"). RECITALS: WHEREAS, City is in need professional consulting services related to water distribution and meter management audit services; and WHEREAS, City desires to contract with Consultant forte provision of said services; 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: ® EFFECTIVE DATE, DURATION AND TERM This Agreement shall be effective on the date this Agreement has been signed by each 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. 4863-9722-2168!ss2 R-2m-z- aq The term of this Agreement shall be from the effective date until October 20, 2022. City reserves the right to review the Agreement at any time and may elect to terminate the Agreement with or without cause or may elect to continue. 2.0 CITY SERVICES For the purposes of this Agreement, the City agrees to furnish the Consultant the information set forth and appended to this Agreement as Exhibit "A" titled "City Services," incorporated herein by reference for all purposes. 3.0 SCOPE OF SERVICES For purposes of this Agreement Consultant has issued its proposal for services, such proposal for services being attached tothis Agreement as Exhibit "B" titled "Scope of Services," incorporated herein by reference for all purposes. Consultant shall satisfactorily provide all services set forth in Exhibit "B," in accordance with due care and prevailing consulting industry standards for comparable services. 4.0 LIMITATION TO SCOPE OF SERVICES Consultant's undertaking shall be limited to performing services for City and/or advising City concerning those matters on which Consultant has been specifically engaged. Consultant and City agree that the Scope of Services to be performed is enumerated in Exhibit "B" and herein, and may not be changed without the express written agreement of the parties as described in Section 11.0. 5.0 CONTRACT AMOUNT Fee: City agrees to pay Consultant as set forth in Exhibit "D," "Fee Schedule," which document is attached hereto and incorporated herein by reference for all purposes, in payment for services delineated in Exhibit"B." Not-To-Exceed Amount: The fees paid by City to Consultant over the term ofthe Agreement shall not exceed Ninety-One Thousand Nine Hundred and No/100 Dollars ($91,900.00). ® INVOICE REQUIREMENTS AND TERMS OF PAYMENT Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to the City, in accordance with the delineation contained herein, for services rendered. Such invoices for professional services shall track the referenced Scope of or , and shall detail the services performed, along with documentation for each service performed, Payment to Consultant shall be made on the basis of the invoices submitted by Consultant and approved by the City. Such invoices shall conform to the schedule of services and costs in connection 2 therewith. Should additional backup material be requested by the City relative to service deliverables, Consultant shall comply promptly. In this regard, should the City determine it necessary, Consultant shall make all records and books relating to this Agreement available to the City for inspection and auditing purposes. Payment of Invoices: The City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Consultant and to adjust same to meet the requirements of this Agreement. Following approval of an invoice, the City shall endeavor to pay Consultant promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 8.01 herein. Under no circumstances shall Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Consultant and the City or because of amounts which the City has a right to withhold under this Agreement or state law. The City shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Consultant's net income. 7.01 INSURANCE Consultant shall meet all City of Round Rock Insurance Requirements set forth at: P .....'3�Mwxoundrock vW KgntqnggWgg4§gal4LI2&qg�_insurance 07.20112.P, 8.0 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment t® be made by the City to Consultant will be made within thirty (30) days oft e date the City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date the City receives a correct invoice for the goods or services, whichever is later. Consultant may charge interest on an overdue payment at the "rate in effect" on September I of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made byte City in the event: (a) There is a bona ride dispute between the City and Consultant, a contractor, subcontractor, or supplier about the goods delivered or the service performed that cause the payment to be late; or (b) There is a bona fide dispute between Consultant and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or (c) The terms of a federal contract, grant, regulation, or statute prevent the City from making a timely payment with federal funds; or (d) The invoice is not mailed to the City in strict accordance with any instruction on the purchase order relating to the payment. 3 ® NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of the City's current revenues only. It is understood and agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the services as determined by the City's budget for the fiscal year in question. The City may affect such termination by giving Consultant a written notice of termination at the end of its then- current fiscal year. 10.0 TIMETABLES Unless otherwise indicated to Consultant in writing by City, or unless Consultant is unreasonably delayed in the orderly progress of its work by forces beyond Consultant's control, the timetable structure and deliverable due dates shall be in reasonable conformity to Consultant's schedule tendered to City and attached as Exhibit"C." 11.0 SUPPLEMENTAL AGREEMENT The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council or byte City Manager, if the City determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; (2) a change in costs; or (3) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement. Consultant shall not perform any work or incur any additional costs prior to the execution, by both parties, of such Supplemental Agreement. Consultant shall make no claim for extra work one or materials furnished unless and until there is full execution of any Supplemental Agreement, and the City shall not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to additional work not directly authorized by Supplemental Agreement. 12.0 TERMINATION; DEFAULT Termination: It is agreed and understood by Consultant that the City may terminate this Agreement forte convenience of the City, upon thirty (30) days' written notice to Consultant, with the understanding that immediately upon receipt of said notice all work being performed under this Agreement shall cease. Consultant shall invoice the City for work satisfactorily completed and shall be compensated in accordance with the terms hereof for work accomplished prior tote receipt of said notice of termination. Consultant shall not be entitled to any lost or anticipated profits for work terminated under this Agreement. Unless otherwise specified in this Agreement, all data, information, and work product related to this project shall become the property of the City upon termination of this Agreement, and shall be promptly delivered to the City in a reasonably organized form without restriction on future use. Should the City subsequently contract with a new consultant for continuation of service on the project, Consultant shall cooperate in providing information. 4 Termination oft is Agreement shall extinguish all rights, duties, and obligations oft e 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 termination. Nothing contained in this section shall require the City to pay for any work which it deems unsatisfactory or which is not performed in compliance with the terms of this Agreement. Default: Either party may terminate this Agreement, in whole or in part, for default if the Party provides the other Party with written notice of such default and the other fails to satisfactorily cure such default within ten (10) business days of receipt of such notice (or a greater time if agreed upon between the Parties). If default results in termination oft is Agreement, then the City shall give consideration to the actual costs incurred by Consultant in performing the work to the date of default. The cost of the work that is useable to the City, the cost to the City of employing another firm to complete the useable work, and other factors will affect the value to the City of the work performed at the time of default. Neither party shall be entitled to any lost or anticipated profits for work terminated for default hereunder. The termination of this Agreement for default shall extinguish all rights, duties, and obligations of the terminating Party 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 termination. Nothing contained in this section shall require the City to pay for any work which it deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement. 13.0 NON-SOLICITATION Except as may be otherwise agreed in writing, during the term oft is Agreement and for twelve (12) months thereafter, neither the City nor Consultant shall offer employment to or shall employ any person employed then or within the preceding twelve (12) months byte other or any affiliate oft e other if such person was involved, directly or indirectly, in the performance of this Agreement. This provision shall not prohibit the hiring of any person who was solicited solely through a newspaper advertisement or other general solicitation. 1 ® INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, and is not the City's employee. Consultant's employees or subcontractors are not the 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 party. Consultant and the City agree to the following rights consistent with an independent contractor relationship: 5 (1) Consultant haste right to perform services for others during the term hereof. (2) Consultant has the sole right to control and direct the means, manner and method by which it performs its services required by this Agreement. (3) Consultant haste right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. (4) Consultant or its employees or subcontractors shall perform services required hereunder, and the City shall not hire, supervise, or pay assistants to help Consultant. (5) Neither Consultant nor its employees or subcontractors shall receive training from the City inskills necessary to perform services required by this Agreement. (6) City shall not require Consultant or its employees or subcontractors to devote full time to performing the services required by this Agreement. (7) Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of the City. ® CONFIDENTIALITY; MATERIALS OWNERSHIP Any and all programs, data, or other materials furnished by the City for use by Consultant in connection with services to be performed under this Agreement, and any and all data and information gathered by Consultant, shall be held in confidence by Consultant as set forth hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any proprietary or confidential information relative to this Agreement, and to not make any use thereof other than for the perfon-nance oft is Agreement, provided that no claim may be made for any failure to protect information that occurs more than three (3) years after the end of this Agreement. The parties recognize and understand that the City is subject tothe Texas Public Information Act and its duties run in accordance therewith. All data relating specifically to the City's business and any other information which reasonably should be understood to be confidential to City is confidential information of City. Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries, inventions, know-how, and any other information which reasonably should be understood to be confidential to Consultant is confidential information of Consultant. The City's confidential information and Consultant's confidential information is collectively referred to as "Confidential Information." Each party shall use Confidential Information of the other party only in furtherance of the purposes of this Agreement and shall not disclose such Confidential Information to any third party without the other party's prior written consent, which consent 6 shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the confidentiality of the other party's Confidential Information and to advise their employees oft e confidential nature of the Confidential Information and of the prohibitions herein. Notwithstanding anything to the contrary contained herein, neither party shall be obligated to treat as confidential any information disclosed by the other party (the "Disclosing Party") which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing Party; (2) is released byte Disclosing Party to any other person or entity (including governmental agencies) without restriction; (3) is independently developed by the recipient without any reliance on Confidential Information; or (4) is or later becomes publicly available without violation oft is Agreement or may be lawfully obtained by a party from any non-party. Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information of the other to a third party as may be required by law, statute, rule or regulation, including subpoena or other similar for of process, provided that (without breaching any legal or regulatory requirement) the party to who the request is made provides the other with prompt written notice and allows the other party to seek a restraining order or other appropriate relief. Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall preclude or limit Consultant from providing similar services for other clients. Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information of the other to a third party as may be required by law, statute, rule or regulation, including subpoena or other similar for of process, provided that (without breaching any legal or regulatory requirement) the party to whom the request is made provides the other with prompt written notice and allows the other party to seek a restraining order or other appropriate relief Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall preclude or limit Consultant from providing similar services for other clients. Neither the City nor Consultant will be liable to the other for inadvertent or accidental disclosure of Confidential Information if the disclosure occurs notwithstanding the party's exercise of the same level of protection and care that such party customarily uses in safeguarding its own proprietary and confidential information. Notwithstanding anything tote contrary in this Agreement, the City will own as its sole property all written materials created, developed, gathered, or originally prepared expressly for the City and delivered to the City under the terms ofthis Agreement (the "Deliverables"); and Consultant shall own any general skills, know-how, expertise, ideas, concepts, methods, techniques, processes, software, or other similar information which may have been discovered, created, developed or derived by Consultant either prior to or as a result of its provision of services under this Agreement (other than Deliverables). Consultant's working papers and Consultant's Confidential Information (as described herein) shall belong exclusively tothe Consultant. City shall have a non-exclusive, non-transferable license to use Consultant's Confidential Information for City's own internal use and only for the purposes for which they are delivered to the extent that they form part of the Deliverables. 7 l ® WARRANTIES Consultant represents 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. Consultant shall re-perform any work no in compliance with this representation. 17.0 LIMITATION OF LIABILITY Should any of Consultant's services not conform to the requirements of the City or oft is Agreement, then and in that event the City shall give written notification to Consultant; thereafter, (a) Consultant shall either promptly re-perform such services tothe City's satisfaction at no additional charge, or (b) if such deficient services cannot be cured within the cure period set forth herein, then this Agreement may be terminated for default. In no event will Consultant be liable for any loss, damage, cost or expense attributable to negligence, willful misconduct or misrepresentations by the City, its directors, employees or agents. 18.0 INDEMNIFICATION Consultant shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/ and his/her/its agents oremployees, performed under this Agreement, which are caused by or which result from the negligent error, omission, or negligent act of Consultant or of any person employed by Consultant or under Consultant's direction or control. Consultant shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys' fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Consultant, its agents, oremployees. 19.0 ASSIGNMENT AND DELEGATION The parties each hereby in themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party may assign any rights or delegate any duties under this Agreement without the other party's prior written approval, which approval shall not be unreasonably withheld. ® LOCAL, STATE AND FEDERAL TAXES Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. The City will not dothe following: 9 (1) Withhold FICA from Consultant's payments or make FICA payments on its behalf, (2) Make state and/or federal unemployment compensation contributions on Consultant's behalf; or (3) Withhold state or federal income tax from any of Consultant's payments. If requested, the City shall provide Consultant with a certificate from the Texas State Comptroller indicating that the City is a non-profit corporation and not subject to State of Texas Sales and Use Tax. 21.0 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES A. Consultant, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances oft City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits, licenses, trademarks, or copyrights required in the performance of the services contracted for herein, and same shall belong solely to the City at the expiration of the term of this Agreement. B. In accordance with Chapter 2271, Texas Government Code, a governmental entity may not enter into a contract with a company for goods and services unless the contract contains written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. The signatory executing this Agreement on behalf of Consultant verifies Consultant does not boycott Israel during the term of this Agreement. 22.0 FINANCIAL INTEREST PROHIBITED Consultant covenants and represents that Consultant, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required hereunder. 23.0 DESIGNATION OF REPRESENTATIVES The City hereby designates the following representative authorized to act on its behalf with regard to this Agreement: Kit Perkins Utilities & Environmental Services 3400 Sunrise Road Round Rock, TX 786645 Telephone: (512) 341-3145 E-mail address: gVgrkink,i`,rc1!%Lroqk1gxaa..&oy 9 The Consultant hereby designates the following representative authorized to act on its behalf with regards to this Agreement: James Schiele JBS Water, Inc. 14037 Cashel Forest Drive Houston, TX 77069 Telephone: (512) 657-2917 E-mail address:jqschiet gorn 24.0 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 recipient's address as stated herein; or (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 Consultant: JBS Water, Inc. 14037 Cashel Forest Drive Houston, TX 77069 Notice to City. City Manager, City of Round Rock 221 East Main Street Round Rock, TX 78664 AND TO: Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the City and Consultant. 25.0 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall 10 be governed by and construed in accordance with the laws and court decisions of Texas. 26.0 EXCLUSIVE AGREEMENT The terms and conditions of this Agreement, including exhibits, 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. The parties expressly agree that, in the event of any conflict between the terms of this Agreement and any other writing, this Agreement shall prevail, No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized governing body or representative for each party. 27.0 DISPUTE RESOLUTION The City and Consultant 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. 28.0 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 or enforceability of any other portion or provision oft is Agreement. Any void provision shall be deemed severed from this Agreement, and the balance oft is Agreement shall be construed and enforced as if this Agreement did not contain the particular portion of 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 ofthe 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. 29.0 STANDARD OF CARE Consultant represents that it is specially trained, experienced and competent to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed, whether by Consultant or designated subconsultants, in a manner acceptable to the City and according to generally accepted business practices. 30.0 GRATUITIES AND BRIBES City, may by written notice to Consultant, cancel this Agreement without incurring any liability to Consultant if it is determined by City that gratuities or bribes in the for of entertainment, gifts, or otherwise were offered or given by Consultant or its agents or representatives to any City Officer, employee or elected representative with respect to the 11 performance of this Agreement. Inaddition, Consultant may be subject to penalties stated in Title 8 oft e Texas Penal Code. 31.0 RIGHT TO ASSURANCE Whenever either party tothis Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made tote other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and inthat event the demanding party may treat such failure an anticipatory repudiation of this Agreement. 32.0 MISCELLANEOUS PROVISIONS Time is of the Essence. Consultant agrees that time is of the essence and that any failure of Consultant to complete the services for each Phase of this Agreement within the agreed project schedule may constitute a material breach oft e Agreement. Consultant shall be fully responsible for its delays or for failures to use reasonable efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Consultant's failure to perform in these circumstances, City may withhold, tote extent of such damage, Consultant's payments hereunder without a waiver of any of City's additional legal rights or remedies, City shall render decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly progress of Consultant's work. Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or breach ofthis Agreement, only tote 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 the parties. Section Numbers. The section numbers and headings contained herein are provided for convenience only and shall have no substantive effect on construction oft is Agreement. Waiver. No delay or omission by either party in exercising any right or power shall impair such right or power or be construed to be a waiver. A waiver by either party of any oft e covenants to be performed byte other or any breach thereof shall not be construed to be a waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid unless in writing and signed by an authorized representative of the party against whom such waiver or discharge is sought to be enforced. Multiple Counterparts. This Agreement may be executed in multiple counterparts, which taken together shall be considered one original. The City agrees to provide Consultant 12 with one fully executed original. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter indicated. Rock,City of Round Texas JBS Water Printed Name: Printed Name: "� � � Title Title: •� ,,,, Gate Sin ed . Gate Signed: g ,,,,, For City, Attest: Y' eaan r-- For ity '''leri , roved Step'W L. Sheets, Cr_... Attorney 13 Exhibit A "Services to be Performed by City" Professional Services Comprehensive Water Distribution System Audit & Meter Management Analysis for the City of Round Rock, Texas March 2022 The City is not expected to provide any "services" as part of this project, other than to provide the following data and support. 1. Data necessary to conduct the water audit and meter management study. 2. Provide appropriate Utilities & Environmental Services Department staff to assist in: a. metered consumption enquiries b. large meter inspection c. production meter inspection and testing d. meter datalogging tasks via City's AMI metering system e. leak repair work order data. 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 tris 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. it shall assist JBS/Consultant by providing available non- fi i 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, if available. Obtain copies of the bulk water clients' monthly meter readings for comparison purposes. JB S Water, Inc 03-15-2022 l RR-ExMit A 3. Large Meter Inspections: Provide a person knowledgeable of meter location s/i nstallations to take JBS/Consultant locations of meters to be inspected and to provide access 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/Con sultant 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 1.03 herein regarding any defects int work orservices performed by JBS/Consultant; 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 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 tooperate water pI ant, wells and valves in connection with JBS/Consultant's flow studies; 12. City shall be responsible for providing JBS/Consultant with online access to the billing database to review meter usage and develop hourly profiling analysis of key accounts to conduct meter sizing and application review. 13. Provide minimum 3 year line break history (all leaks) in an acceptable and usabI e for (MS Excel preferred). AS Water, Inc 03-15-2022 2RR-ExMbit A Exhibit B "Services to be Performed by Engineer" Professional Services Comprehensive Water Distribution System Audit & Meter Management Analysis for City of Round Texas Rock, March 2022 �I�IIIIIIIIIII IIIIIIII IIIIIIIII � � � WI II I The �tllll����illlu II���� VIII project comprises six tasks of investigation and analysis and recommendations. rior to these, an initial task of the project, once JBS has received confirmation to proceed, is to itemize and request II data that we will need from client conduct r j achieve h Project j civ s. Information to be requested will include distribution system data, leak repair and flushing or orders, ohl r uction totals for each production meter, 3 years or more of monthly consumption for all customer accounts. Task 1: Production i Verification of in-plantcc cy of finish water meter devices to establishno volumes of water produced against which tof c II other water use (and losses), The purposeof thisTask is to confirm r determine the current accuracy of the wI production t rs that measure the volume of water inflow to the water system to verify the accuracy of the records u on which the distribution system water accountability is based. In this regard, JBS will review most recent meter y. accuracy test data. Where feasible due to existing installation configurations, conduct accuracy tests on the source water meters that determine the volume of water received an isri ui n. The results of this task will establish a baseliner evaluating system r water accountability. This task includes the reviewof existing records and reports of water production for the most recent five years. Evaluation of existingproduction meter installations with regard to meter accuracy, reliability an or ace and anyof i I adverse conditions. Confirmation of existingtri vic s for suitability. c) Verification of historical water production data for the mostrecent five years. JBS Water, Inc 03-95-2022 1 RR-Exhibit Task 2: Consumption iAccounts This task is comprised f a comprehensive n ly is of all ­ ,„ metered cos do r current AWWA best practices (M22 & M36 Manuals), that part of the existing Non- Revenue p Water due to meter related issues is considered "Apparent L ss". This t r loss is recoverable at existing water and wastewater commodity r t s. Consequently, this analysis is a critical task for development of data to be applied in any meter replacement program and in the assessment of apparent losses. a) JBS will confirm and then compare summaries of metered sales quantities with summaries of production as meteredinto the system, s u nl a ill be analyzedo monthly, quarterly, annualized s. 36-month consumption historyr r bon of Wage a-AII Accounts e accounts will be reviewed M y meter til size, meter route, rate classification, meter age (ifs available), meter brand and type. The analysis will review in detail different classification types such as apartments or multi units, different types of commercial accounts, outside irrigation, and r residential accounts and will cross reference meter G �. . size, and meter age against consumption. = = a 9 II Distribution of use tables and charts will �c . -m sura prepared for each class code. No-use, low-use, andhigh-use cco t ill be identified to facilitate closer investigation and follow-up, In addition, usage will be reviewedy geographical location, and or demographics (if possible). All meters will be subject to a meter sizing lysis and verification of thesizing I will be made by downloading and rvi i o two years of hourly usageselect accounts. This ill be usedto verify i i lysis so that suspect meters identified for additional evaluation, e) Usage profiling I c accounts(all class codes)will be conducted h ill assist in meter sizing n life expectancy assessments of key accounts, The followingexample compares hourly usage for one accountit units versus one with19 units. Six monthsn months of data ares in the comparison. The charts clearly vast majority of usager these apartments is less than 10 gpm for the account with 19 units and less than 5 gpm withunit apartment. Bothaccounts are serviced i2-inch meters. JB ro Water, Circ 03-15 2022 2 RR-Exhibit ONEVIIIAR IIIIVS,u 1Gij'I: IASTRUBUTION II HOURS SIX MONTHS HOURLY USAGE 24nch Apt-19 units, 2-inch Meter Apartment S Units 90 110, Sol 70 10 W IS 40 10, ............ Rwri;-One year n r ::l x A Z Z Z r'Par f) A cost analysis will be prepared that will evaluate the performance capabilities of current meters and recommended sizes. Meter payback periods will be estimated based on meter size and meter reading technology. The existing water and sewer rates will be reviewed to see how they impact meter payback and sizing issues, and large meter testing, which in turn also impact water conservation efforts. Future AMI costs will be reviewed in detail as they relate to meter age, future meter, battery and antenna costs. g) We will review existing system policies, procedures and standards that may directly affect 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 oft audit shall extend well into the future. h) We will develop a plan for cost effective replacement of water meters and recommend appropriate ongoing procedures for monitoring, testing, operating and maintaining meters, This plan will take into consideration the meter age, meter brand, meter route, theoretical if expectancies and water and sewer rate schedules. i) During this process we will take into consideration stakeholder input, best practices and our prior experience in Round Rock and elsewhere, and provide a summary of the advantages and disadvantages of each meter management component. Task ® Large Meter Assessment JBS will review the current large meter database C111 rY OF: RIJUND FlOCK LF11 NA1 HE'S and update the large meter to report to .......... 11 ARGEME TER IINSPIEC FICYN REPORT 2017 include new accounts and/or meter replacements ii 17111, since 2017. JBS will physically inspect these accounts in the field. All new installations will be inspected for installation problems.All compound ................. meters will be reviewed in detail and an account profile will be establ� osu hed on each two-register compound, comparig mption histories. This information will be used in the sizing and m�� MOWN "I' I "","' '�V cost analysis. . ............ JB S Water, Inc, 03-15-2022 3 RR-Exhibit B A complete sizing and cost analysis will be made on all one-inch and larger meters. The resulting data will be integrated into the overall consumption analysis and meter replacement strategies in Task 2. Large 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. These must be addressed in order toassure the benefits of the water audit shall extend well into the future, Task 4: Analysis of Real Losses Phase I- District Measurements will be conducted, in coordination with the client, to determine leakage potential by Districts or Pressure Zones. a) Current water distribution system maps will be reviewed to plan overnight flow measurements oft water system, When possible and practical, and with the client's input, the distribution system will be sub-divided to determine leakage potential in each sector. The 2017 water audit data ills as a comparative baseline. ................................................................................................................... b) By taking observed flow measurements, 4 population, consumption history, system statistics and observed nighttime r'Y, consumption into consideration, an approximate flow rate due to underground leakage can be assessed. This information may be used to determine if and where a rr physical leak detection survey might be cost-effective. 101- 21- c) For this task, accurate distribution system ................. . ................................................................................... ... information (maps and local knowledge of isolation valves) will be required. Distribution system flow measurements are most successful when the entire distribution system or separate sectors can be effectively isolated. d) One additional tool at our disposal is the City's AMI meter reading technology, This will allow us to obtain a download from the Harmony system of almost all customer use. Combined with the observed use we expect to assess the volume of water used by customers during the test period. This data will allow for a highly accurate assessment of minimum night flows attributable to real losses (leaks) in the system. Phase 2: Line Break History Analysis. We propose to identify areas of significant real losses int distribution system. We will collect and compile available existing work order records for the last five years of reported line breaks and leak repairs. This analysis of real losses serves to identify areas suspect for high incidence of leakage, by location, pipe material and age. The better the accuracy of available data, the better the results ofthis task. Inthis as also, the 2017 water it data ills as a comparative baseline. JSS Water', Inc, 03-15-2022 4 RR-Exhibit B In our experience, leak detection shouldV conducted in areas where the lysis provides the greatest cost-benefit to the utility. Combined with the results of district measurements and prior0 ark results (2017), the 2022 data will be analyzed for �i possible correlations that will establish new " " p �Stitiit � priorities for follow on underground leak detection and for and/or replacement of water distribution lines. The analysis also provides insight into the volumes of real loss recovered by the City's on- going line maintenance activities and potential volumes to be recovered through implementation of our recommendations. This task will include a review of existing procedures for reporting and accounting for authorized unmetered se such as line flushingother unmetered water . Task 5: Water Audit Report JBS will prepare and presentr o r audit findings and conclusions, including compilations of data collected duringi in writtenn I roi formats, JBS will review existing policies, procedures and standards that may be adverselyr r accountability, water utility revenues and meterin system costs over the long term. The report Iso will include complete r balance tableapplying current to r on-going s client. Further goals oft is study are to provide the Clientit recommendations for: 1. Development of on-going roc r for implementation client for the maintenance f sustainable low levels of NRW, 2. Improvements r replacement pro r . 3. Development of theClient's AM I metering system n analysis of meter replacement, r battery replacement, or antenna replacement needs and costs. 4. Improvement in differences of the City's current meter selection, implementation, r structure, customer service illi procedures against industry standards. 5. Provide recommendations r follow-on loss reduction strategies and a leak detection phaseto this project, s may be necessary, the findings of the water audit, The Draft o ill be presentedin person to Round RockUtilities staff for review results and presentto r li i recommendations, T r nt tion will also provide an opportunity to assurefull understanding of the recommendations ro s generated by this study n r staff o ask questions. RecommendationsTask 6: Final Once the Drafts been reviewed, ill proceed to finalize c nt with changes identified in Task 5 and complete summary of recommendations s on all tasks of the project. Task duration will depend on review ime by the clientr report. J S Water, Inc. 03-15-2022 5 RR-Exhibit II The success of any Project in the accomplishment of its objectives depends in great measure on the participation by experienced professionals who understand the client's needs and develop practical, cost effective solutions on a timely basis. The many years of experience at JIBS and practical knowledge of our personnel is a critical factor in the achieving the highest quality results. The company's 25 years' experience and insight working on similar projects for the City of Round Rock, will ensure an effective and expeditious process. JI.-.3S Water, Inc 03-15-2022 6 RR-Exhibit B IIS IIIIIIIII Ilq James B. , Iiwith dnci�,::tai Jim Smith has over 35 years of extensive experience in Project ole; water distribution system studies, including water audits, Principal,responsible for project coordination,flow meter audits, leakage surveys, and water and sewer rate and consumption analysis,evaluation of final data adjustments. His diverse professional experience, in and results, addition to that in the private sector, includes employment with both state and local government agencies while working on four continents. Education: Attended Eastern New Mexico University,New Mexico State University,graduated in 1971 with a From his experience in working with several hundred B,S.degree from,weber State College. utilities, Mr. Smith understands the changing internal dynamics of individual systems. r. Smith has developed several fresh approaches to water conservation needs and Professlonal Affiliattona: to the reduction of unaccounted for water losses. `these AWWA Member since 1994 techniques are the result of years of diverse hands o experience. Papers&Presentations- 2006-2007 resen tionse2006-2007 Texas water Utility Association— eveloprent of a Cost Effective water Loss Reduction Program"Four hour training Prior tat the establishment of JBS Associates in 1988, Jim programs served as National Marketing Director and estern States 1990-2005-Texas Rural water Association Manager for the Pitometer Associates. He joined that firm National Rural water Association"Establishing in 1985 when his prior firm® Water Resource Associates, an Effective water Loss Reduction Program" headquarteredin Indiana, merged with the Pitometer 2004-Al l -USA Seminar on unaccounted-for Associates, Drinking water-"The Impact of Meter Sizing on Unaccounted for water Loss" Mr. Smith is one of the pioneers in water system auditing, 1999-AWWA—Conserve 99 Conference- and overt the years has progressively developedand tailored "Unaccounted for water—Costs and Benefits of programs dealing with water auditing concepts. water Loss and Revenue Recovery in Four Vermont Municipal Water Systems', His hands experience includes all aspects of NRW control, 1990-1997-University of Wisconsin"The Impact of with major emphasis on the metering component. He has Unaccounted for water on water developed and continues to modify new approaches in Conservation". regards to the meter analysis. 1994-Philippine Pipeline"Which small Meter is Best for MWSS Class B or Mass C?„ Mr. Smith has presented training programs to over 8,000 1993-AWWA Research Foundation San Jose,CA people in the United States, Canada, Southeast Asia, "Leakage Control Systems".Part of a Central and South America. cooperative research report between the AWWA Research Foundation and the Japan Water Works Association. 1992-AWWA National Conference,'Vancouver, B.C. "Establishing An Effective water Lass Reduction Program". 1990 Texas Rural water Association"The Metered Ratio The Great Hoax?" 1961-66 AWWA®Developed the"Water Loss Reduction and Meter Application and Sizing Seminars for AWWA and taught programs in more than 100 cities. JBL Water, Inc. 03-15-2022 7 RR-Exhibit Jaimes A. Schiele Vjce Piresudeint/Project Manager Mr, Schiele has over 35 years of water industry experience Project le: in Northand South America, as well as Europe and South Project Manager,Flow Measurements,Real Losses, East Asia. Employed in both the consulting and leak history analysis and leak detection. manufacturing sectors, he has provided consulting services, training, projectana a en , product support and marketing activities related to water loss analysis, flow ucation; measurement, subsurface pipeline surveys, development Majored in Languages at Walbrook College,London„ of water loss reduction programs, product development and K 1900®1971. tasting, demonstration and sales of microprocessor-based Graduated in Computer Science and Technology at leak correlators, leak detection instrumentation, data Control Data institute,London#1972-1970, loggers and pipe locators. Professional Affiliations. AWWA Member since 1994 In 1993, Mr. Schiele joined the JBS consulting group, Papers&Presentations: directly involved withthe management, supervision and 2007—ACODA ®International Seminar on The Nater development of water audits and leak detection projects in Balance and Technologies for the Development the United States, Brazil, Mexico, Panama and the of Unaccounted for Water Loss Programs,Cali,, Philippines, Colombia. 2004-AICIS- SA Seminar on Unaccounted-for His experience includes ro ction meter flow testing, 136nkiing Water-"Development of a Water Loss implementation o distribution system night flow tests, Recovery Program in Culiacan,Mexico' application of meter datalogging and data analysis„ 2001 -As a result of successful development of anin- acoustic leak detection and the use of correlator house unaccounted for water foss recovery technologies. program for our client,the Culiacan,Mexico Municipal Water and Wastewater System was a Prior to joins , Schiele s employed by Fluidtop ten finalist in a national award program for progressive municipal government agencies, Conservation Systems (FCS)of Austin, Texas. For 12 This award was promoted by the Ford years the company benefited from his substantial Foundation andMexico's Centro de experience in the field of waterloss control and leak lnvestiacibn y Docencia Econ6micas(CID ), detection as he developed an outstanding reputation for 1999- I TA(Instituto Mexicano de Tecnologia del his insight, thoroughness and insistence on improving the Ague)7th International Seminar on Water Loss customer's skills. Reduction,Guanajuato,Mexico—'Experiences in the Reduction of Water Losses in 10 Cities m His extensive prior project experience was often called the State of Guanajuato" on during the development cycle of the company's new 1993- AWWA Research Foundation-San Jose,CA leak detection and correlator technologies. He conducted "Leakage Control Systems"-Co-authored a programs for FCS products and services throughout t e cooperative research report between the AVYWA Research Foundation and the JVVWA(Japan U.S. and in Canada„ Mexico and Brazil. His Water Works Association). responsibilities included customer training, product development, product demonstrabons, and supervision and coordination of leak survey services. Mr. Schiele has prepared and presented more than 3,000 ours of professional training courses for industry personnel of all levels„ including operators, supervisors and management. He is fluent in English and Spanish. JBS Water, frau 03-15-2022 8 RR-Exhibit B ®Exhibit C iiWork Schedule" Professional Services Comprehensive Water Distribution System Audit & Meter Management Analysis City of Round Rock, Texas March 2022 (Assumes project start April 20 2022) TASK DESCRIPTION S rt rid Date Start Project Startup Meeting: Date Collection &Analysis 20-Apr-22 20-Apr-22 1 Analysis f Water Production Meters& Data30-Apr-22 6-flay-22 2 Consumption Analysis of Metered d Accounts 5-May-22 4-Sep-22 3 Large hater Inspections/Assessment/Bulk WaterAccts 21- ay®22 24-Jun-22 4.1 analysis of Existing Lire Breaks& Historical Leak Repair Data 19-Jun-22 1 -Jul® 2 (Real Losses: Item a) 4E2 Fuld Measurements to betermUndergroundLeakage 10® y®22 28-May-22 Potential (Peal Losses: Items b4 c&d) WaterAudit Report Craft 2 ®,rang® 2 1O-Oct®22 Final Recommendations8-Oct-22 20-Oct-22 Total 20-Apr-22 20® t® 2 Later start date or significant delays in delivery Of essential data will cause all dates to be pushed back accordingly. JBS Water, Inc, 03=15=29022 1 RR-Exhibit C- ED Q) Task #5 rt 19-Apr-22 ..,... ------- . 2 Apr® 2 3-May-22 10m .. 17-May-22 24-May-22 4 31-May-22 p fi 7-Jun-22 14-Jurt® bCD 21-Jun-22 0 9 2&Ju n-22 a 5-Jul-22 r 12-Jul-22 CL a CD 19-Jul-22 ,c, 26-Jul-22 ._ O r� cn G 2-Aug-22 9-Aug-22CD 16-Aug-22 . . .... CL C CL 23-Aug-22 C �D N 3 Au N � 6-Sep-22 13-Sep-22 7� 2 e 27-Sep .. .... 4-Oct-22 a 11-Oct-22 A-, 1 G-Oct-22 0 Exhibit D Fee Schedule Project Name: Water Distribution System Audit&Meter Management Analysis(2022) Our fee for conducting and completing the Professional Services as described in the forgoing Scope of work(Schedule B)will not exceed$91,900(Lump Sum/Fixed Fee),including all expenses normally associated with the described work.A summoryfee schedule - Total TotalSub- Task Labor Hours Loaded Labor Cost Direct Costs Consultants TOTALS 1 Analysis of Water Production Meters & Data 67 $6,545 $630 $0.00 $7,175 2 Consumption Analysis of Metered Accounts 132 $12,829 $1,420 $0.00 $14,249 3 Large Meter Inspections/Assessment/Bulk Water 203 $19,876 $1,530 $0.00 $21,406 Accounts 4A Analysis of Existing Line Breaks & Historical Leak 160 $15,868 $900 $0.00 $16,768 Data (Real Losses: Item a) 4.2 Field Measurements to Determine Leakage 56 $5,541 $630 $0.00 $6,171 Potential (Real Losses: Items b, c& d) 5 & 6 Final Report of Water Distribution System Audit & 183 $17,971 $1,000 $0.00 $18,971 Recommendations 7 Project Management 60 $6,848 $270 $0,00 $7,118 GRAND TOTAL: 861 $85,477 $6,380 $0.00 $91,8571 JR S Water, Inc. 0315-2022 RR-Exhibit B