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R-07-03-22-10E2 - 3/22/2007 RESOLUTION NO. R-07-03-22-10E2 WHEREAS, the City of Round Rock desires to retain professional consulting services for a Comprehensive Water Distribution System Audit and Meter Management Analysis, and WHEREAS, JBS Associates has submitted an Agreement for Professional Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with JBS Associates, 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 Consulting Services with 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 22nd day of March, 0 7 ELL, Mayor 2 City of Round Rock, Texas ATTESq&,',t,j CHRISTINE R. MARTINEZ, City Secret 0:\Wdox\RESOLUTI\R70322E2.WPD/xmc CITY OF ROUND ROCK CONSULTING AGREEMENT FOR PROFESSIONAL SERVICES FOR COMPREHENSIVE WATER DISTRIBUTION SYSTEM AUDIT AND METER MANAGEMENT ANALYSIS 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 twice 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. It is expressly acknowledged by the parties that JBS has agreed to complete all work within one hundred twenty (120) calendar days following the date work is begun. It is further 00111859/jkg E IBITll D expressly acknowledged by and between the parties hereto that work shall begin within seven(7) calendar days of execution of this Agreement. 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 Sixty-two Thousand Nine Hundred and No/100 Dollars ($62,900.00), in accordance with this fixed-fee Agreement. The parties expressly acknowledge and agree that reimbursable expenses of any nature are included within the not-to-exceed total sum of$62,900.00. JBS's compensation for professional services shall not exceed, without written consent, 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"A" 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 and Metering; Task 4. Investigation of Water Lost Through Un-Metered Use; 2 Task 5. Analysis of Existing Line Breaks and Historical Leak Data; Task 6. Field Measurements to Determine Underground Leakage Potential; Task 7. Review Policies and Procedures Affecting Meter Efficiency and 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. JBS agrees to provide City with a detailed final written report, together with all information gathered during the course of the project. Additionally, IBS 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 "A" 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 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 assist JBS during the execution of the following two tasks: large meter inspections, and datalogging; 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; 3 5. City shall arrange for access by JBS onto public and private property as required by JB S 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 riming 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; 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; 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. 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. JB S may charge a late fee of one percent (I%) for payments not made in accordance with this 4 prompt payment policy; however, this policy does not apply to payments made by City in the event: 1. There is a bona fide dispute between City and JBS concerning the supplies, materials, or equipment delivered or the 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. 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 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 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 herein in a satisfactory manner, such termination notice to be given in writing to the other parties. herein. 4. By any party for failure by any other party to fulfill its obligations as set forth 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. 5 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 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: 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. 6. City shall not require JBS or its employees or subcontractors to devote full time to performing the services required by this Agreement. 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. 6 1.13 CONFIDENTIALITY Any programs, data, or other materials furnished by City for use by the parries in connection with services 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. 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 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. 7 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 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 Associates, Inc. Attention: James Schiele 4715 Strack Road, Suite 100 Houston,Texas 77069 Notice to City: City of Round Rock Attention: James Nuse, 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. 8 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. 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 parry 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 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 9 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 original documents; however, City agrees to provide the other parties with one fully executed original Agreement. IN WITNESS WHEREOF, all parties have executed this Agreement on the dates indicated. CITY OF ROUND ROCK,TEXAS ATTEST: By: Title: Christine R. Martinez,City Secretary Date Signed: Date Signed: FOR CITY,APPROVED AS TO FORM: Stephan L. Sheets, City Attorney JBS AS CIATES, C. By: Title: P4 Date Signed:_ 3-4-0 :;P 10 Exhibit "A" "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 -Analysis 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. Documents reflecting the amounts of source water for at least the most recent three years will be reviewed, if available, and a physical inspection will be made of the meters through which water production is being measured. We will survey the meter type, capacity range and r installation suitability for each metering location. The analysis of water production data will include: 1. Identification of possible meter installation problems that may adversely affect meter accuracy, longevity and accessibility for proper maintenance and in-place testing. 2. Confirmation of appropriate meter sizing and application. 3.Verification of water production data. 4. Verification of meter accuracy by using either pilot rod, time-volume, and/or a transit-time test meter as determined by the source meter physical installation. 11 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 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 unaccounted-for water(UFW) due to meter inaccuracies is recoverable at applicable retail water and wastewater rates. To begin,the utility shall extract utility billing data for 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 Abf 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 Associates will calculate the Meter Utilization Index (MUI) for each active water account. Metered accounts will be sorted by the MUI index so that those meters having the greatest potential for inaccuracy, application or sizing problems may receive prioritized attention. Meter sizing and applications for Multi-Family and commercial accounts will receive specific attention. 3. On-site field inspections will be made on all existing customer meters 3-inch and larger in size. At this writing, that number is yet to be determined. These meter installations will be inspected, evaluated, photographed and reported in the Large Meter section of the Final Report. Installation problems will be noted and recommendations for corrections will be offered. In addition, follow up on selected 2-inch meter accounts may be indicated should the analysis of consumption data suggest sizing or application issues may exist in that category of meters. kecommendations for large meter maintenance and replacement frequencies will be considered. 4. A separate analysis of the bulk water meters will be undertaken. This may entail additional investigations in the field requiring support from Public Utilities to provide additional access points or to coordinate meter tests. 12 5. If indicated by the analysis, JBS may install portable data loggers installed on certain -- �E_woRKSH____Er�It"TSOFADATAWo meters so that extended hourly flow patterns may be developed. This information may be used to recalibrate the MUI data generated via the computer. In addition, consumption history will be analyzed by meter brand, size and age, and a complete cost analysis will be prepared. 6. In order to help fine tune system operations, this task will include analyses of metered revenues, meter sizes, meter routes, and meter age as they relate to meter reading; billing, meter replacement and maintenance. 7. JBS will complete the consumption analysis by showing the metered distribution of water according to categories such as Sales Volume, Account Classification, Meter Type, Meter Age, Installation Date, and Manufacturer. This summarized data will be presented in both tabular and graphical form. 8. JBS will complete an analysis of sales distribution by calculating the number of accounts for each 1,000-gallon unit sales category as shown in the following example (approximately 6% of the total customers generated nearly 75% of total sales). 9. Meter reading and billing procedures will be reviewed and recommendations will be submitted. DISTRIBUTION OF SALES - ALL 100% ACCOUNTS 300 90% 270 80% 240 u� 70% 210 z Z 60% Z 180 v 50% 150 v w 4Q% 120 Q O. 300 20% 90 60 Z 10% 30 0% J0 OT-Ncwuxot--00O)0•-Nm.gtuy N-COO)o-'(Vc'OV CrO A rrt-�e-�-re-�e-NNCVNNNNNCVNM AVERAGE MONTHLY USAGE K GAL ®NO.ACCTS —CUM%ACCTS —CUM%SALES 13 10. JBS will review the City's large meter testing procedures and program to ensure that best methods and meter management techniques for an in-house testing program are implemented. 11. The existing water rate structure will be reviewed and its overall impact on meter management will be reported. 12.A cost benefit analysis will be prepared for meters recommended for resizing. 13. 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. 14.A comprehensive review of current meter reading costs will be made and compared against both Touch Read and AMR technology(Radio Frequency). 15. Guidelines for meter specification will be prepared for all sizes and types of meters deployed in the system. TASK 3 -Analysis of Bulk Water Consumption &Metering 1. JBS Associates 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 2002 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 up to 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 Public Utilities. 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 Water Lost through Un Metered 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. 14 TASK S-Analysis of Existing Line Breaks& Historical Leak Data We will collect and compile available ;;�. «,,•�.• �- ...� existing work order records of reported '�•°*�.. ; . ° ",•.;�.,,,•�.• :z.,.,,„ line breaks and leaks. The data will be •. , *i`;', analyzed for possible correlations that �. f '"e•- ,� :;"� �•.n,,� may help establish priorities for any „ '"�'• - ,� �' anticipated replacement of water •• .,.,,, *` - . distribution and service lines as well as ` .' •" • •.. ;b t "' possible future underground leak •••"" t3_ :�" •E• detection surveys. The results of Tasks 5 , , �,• • g "'» � ��w;•y and 6 will be particularly interesting since „• ` • s i •• =t�;,; the City has undergone substantial r,•*� ";`•" •» ' R x -.., . .• ,, ,• •- '� service line replacement since 1998 that •, ' �. i= "'!•►r;; •• i„ _ �" has led to an apparent reduction in the • � • ► '» +�•t;�:; " ': ~ incidence of visible leaks repaired by the far_ Line Maintenance Department. • t^ •.� .' ,' '''�• TASK 6-Field Measurements to Determine Underground Leakage Potential 1. Water distribution system maps will be reviewed to plan to nighttime flow measurements of the water system. When possible and practical, and with utilities Department 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. 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. This information may be used to determine if and where a physical leak detection survey might be cost-effective. 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 Associates 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. 15 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 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 opportunity to ask questions and assure adequate understanding of the recommendations and results generated. 16 "Work Schedule" Professional Services Comprehensive Water Distribution System Audit & Meter Management Analysis City of Round Rock, Texas RR Work Schedule by Task Assumes March 26 Start # TASK DESCRIPTION unit Qty Days Start Date I End Date 1 Analysis of Water Production Meters&Data Lot 1 26 15-Apr-07 11-May-07 2 Comprehensive Analysis of Metered Accounts Accts 30,000 112 26-Mar-07 16-Jul-07 2.1 Large Meter Inspections Meters 250 12 19-Apr-07 1-May-07 2.2 Data Logging of Selected Large Meters Meters 50 19 6-May-07 25-May-07 3 Analysis of Bulk Water Consumption&Metering Lot 1 8 31-Mar-07 8-Apr-07 4 Investigation of Water Lost through Un-Metered Use Lot 1 12 27-May-07 8-Jun-07 5 Analysis of Existing Line Breaks&Historical Leak Lot 1 26 6-Jun-07 2-Jul-07 Data 6 Field Measurements to Determine Underground Lot 1 10 7-Apr-07 17-Apr-07 Leakage Potential 7 Review Policies&Procedures Affecting Meter Lot 1 9 30-Jun-07 9-Jul-07 Efficiency&Revenue 8 Final Report of Water Distribution System Audit Lot 1 20 7-Jul-07 27-Jul-07 Total 123 26-Mar-07 274ul-07 17 Task# 0 � N N 9-Mar-07 I 1 1 1 I I 1 I I I I I I I I I I I I I 16-Mar-07 - ' I I I I I I I 1 I I I I I I I I 1 I I I 23-Mar-07 I I I I I I I I I I I I I I I I I I I I I I I I I 30-Mar-07 1----I----I----�--- �--- 0 I I I I I I I I I 1 I I I I I I I I I I 6-Apr-07 --------'----'--- -- --- --- -- �\ I I I I I I I I 1 I I I 1 I I I I 1 I I 1 1 I I I I I I I I O 13-Apr-07 I 1 1 I 1 20-Apr-07 I ♦�� I I I I 1 I I 1 I i I I I I �� 27-Apr-07 i__ ,____I__.__F___}___y____,_--_ �► In i I I I I I I I 1 O 4-May-07 �X+ 3 I I I I 1 I I I I 1 11-May-000 7 -�----�- ---�-- --�---1---�----1 �---- -� I I 1 I I I I I I I O O I 1 I 1 I I I I I I ��• 18-May-07 -------- - - --- ;-- 1--- CD N I I 1 I I I I 1 I I CA 25-Ma O t i I 1 m 1-Jun-07 1 I 1 I 1 I 1 I I I I I C 8-Jun-07 CL 6 cr I 1 1 I _ -I 1 I I I I I -I 15-Jun-07 CD 1 1 I I I I I 1 I I I I 22-Jun-07 I I I 1 1 0) I I I I I i 1 I I I O I I I 1 I I 1 1 I I 1 I I 29-Jun-07 ---'----'---- --- ---- ---- L--- I I I I I 1 I 1 1 I I I I I I I I I 1 I I 1 I I I I I 6-Jul-07 I I I I I I I I I I 1 1 I I I I I I 1 13-Jul-07 ' I I I I I I I i I I I I I I I I I I I I 20-Jul-07 I I I I I I I I I 1 I I I I I 1 I I I I 27-Jul-07 I I I 1 I I I I I I I 1 1 I I I I I I 1 I I I i I I I I 1 I I I I 3-Aug-07 "Fee Schedule" Professional Services Comprehensive Water Distribution System Audit & Meter Management Analysis for the City of Round Rock, Texas Our fee for conducting and completing the Professional Services as described in the forgoing Scope of Work(Exhibit"A")will not exceed$62,900(Lump Sum/Fixed Fee) including all expenses normally associated with the described work. A breakdown of costs is provided below: 1.LABOR COST DETAIL Consump- Project tion Meter Program Time Cost Task Description Principal Manager Analyst Specialist Specialist (hrs) ($) 1 Analysis of Water Production 36.0 48.0 36.0 120 $6,096 Meters&Data 2 Comprehensive Analysis of 14.4 43.2 72.0 36.0 36.0 201.6 $8,784 Metered Accounts 3 Analysis of Bulk Water 64.0 64 $3,520 Consumption&Metering 4 Investigation of Water Lost through 56.0 24.0 80 $3,584 Un-Metered Use 5 Analysis of Existing Line Breaks& 72.0 48.0 120 $4,968 Historical Leak Data 6 Field Measurements to Determine 25.6 6.4 32 $1,728 Underground Leakage Potential 7 Review Policies&Procedures 14.4 19.2 33.6 $1,992 Affecting Meter Efficiency& Revenue 8 Final Report of Water Distribution 48.0 48.0 48.0 48.0 192 $9,648 System Audit Subtotals: 112.8 376.0 126.4 120.0 108.0 843 $40,320 Average billing rate: $65.00 $55.00 $50.00 $31.00 $21.00 Subtotal by labor classification: $7,332 $20,680 $6,320 $3,720 $2,268 Labor: $40,320 Direct Labor Overhead Rate(Fringe Benefit)25%x Labor: $10,080 General and Administrative Overhead: $4,090 Total Labor&Overhead: $54,490 Profit-10%x Total Labor. $5,449 Total JBS Labor Cost: $59,939 19 2.COST SUMMARY Labor: JBS Associates $59,939 Expenses: JBS Associates $2,961 Sub Consultants: None $0 TOTAL: $62,900 20 AGORD CERTIFICATE OF LIABILITY INSURANCE OP ID R DATE(MMIDD/YY JBSAs-1 02/12/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Weatherton-Cole Ins HOLDER,THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 12611 Jones Road Ste. 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston TX 77070 Phone:281-469-9652 Fau:281-469-5271 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Insurance Company JSS Water Inc and INSURER 8: JBS and Associates INSURER C: 4715 Strack Rd Suite 114 INSURER D: Houston TX 77069 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NCTIMTHSTANDING 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 IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. "fumALTR N TYPE OF INSURANCE POLICY NUMBER DATE MMIDDVYY DATE MMID LIMITS GENERAL LIABILITY EACH OCCURRENCE $1000000 A X COMMERCIAL GENERAL LIABILITY 61SBABY7558 03/08/06 03/08/07 PREMISES Eaoccurence $300000 CLAIMS MADE ®OCCUR MED EXP(Any one person) $10000 PERSONAL&ADV INJURY $1000000 GENERAL AGGREGATE $2000000 GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP)OP AGG $EXCLUDED POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANYAUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $_ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR EICLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS!LIABILITY ANY PROPRIETOROPARTNERIDCECU IVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOY $ If yes,de PROVISIONS belowrlbe SPRO SPECIAL E.L.DISEASE-POLICY LIMIT $ S OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES t EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION ROUND01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRRTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 30 SHALL City of Round Rock IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 221 E Main STreet REPRESENTATIVES. Round Rock TX 78664 ACORD 26(2001/08) ��,I ,/( �(/ 0 ACORD CORPORATION 1988 DATE: March 15, 2007 SUBJECT: City Council Meeting - March 22, 2007 ITEM: 10.E.2. Consider a resolution with JBS Associates for Professional Services Comprehensive Water Distribution System Audit and Meter Management Analysis. Department: Water/Wastewater Utility Staff Parson: Michael D. Thane, Director Tom Word, P.E., Chief of Public Works Operations Justification: 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 action is needed 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. Funding: Cost: $62,900 Source of funds: Utility Fund Outside Resources: JBS Associates, LLP Background Information: JBS Associates conducted the past two water distribution system audits for the City of Round Rock with the latest being conducted in 2002. 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. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS CITY OF ROUND ROCK CONSULTING AGREEMENT FOR PROFESSIONAL SERVICES FOR COMPREHENSIVE WATER DISTRIBUTION SYSTEM AUDIT AND METER MANAGEMENT ANALYSIS 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 twice 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. It is expressly acknowledged by the parties that JBS has agreed to complete all work within one hundred twenty (120) calendar days following the date work is begun. It is further 00111859/jkg R-07-03 49- 10eQ,, expressly acknowledged by and between the parties hereto that work shall begin within seven(7) calendar days of execution of this Agreement. 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 Sixty-two Thousand Nine Hundred and No1100 Dollars ($62,900.00), in accordance with this fixed-fee Agreement. The parties expressly acknowledge and agree that reimbursable expenses of any nature are included within the not-to-exceed total sum of$62,900.00. JBS's compensation for professional services shall not exceed, without written consent, 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"A" 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 and Metering; Task 4. Investigation of Water Lost Through Un-Metered Use; 2 Task 5. Analysis of Existing Line Breaks and Historical Leak Data; Task 6. Field Measurements to Determine Underground Leakage Potential; Task 7. Review Policies and Procedures Affecting Meter Efficiency and 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. 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 "A" 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 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 assist JBS during the execution of the following two tasks: large meter inspections, and datalogging; 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; 3 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; 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; 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. 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 4 prompt payment policy; however, this policy does not apply to payments made by City in the event: 1. There is a bona fide dispute between City and JBS concerning the supplies, materials, or equipment delivered or the 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. 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 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 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 parries 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. 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. 5 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 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: 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. 6. City shall not require JBS or its employees or subcontractors to devote full time to performing the services required by this Agreement. 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. 6 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 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. 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 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. 7 1.18 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: I. When delivered personally to the recipient's address as stated in this Agreement; 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 JBS: JBS Associates, Inc. Attention: James Schiele 4715 Strack Road, Suite 100 Houston,Texas 77069 Notice to City: City of Round Rock Attention: James Nuse, 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. 8 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. 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 parry 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 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 9 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 original documents; however, City agrees to provide the other parties with one fully executed original Agreement. IN WITNESS WHEREOF, all parties have executed this Agreement on the dates indicated. CITY ,TE ATTEST: 7 By: 4Ae ahu��,Q. Titl • Christine R. Mart ez,CitySecretary Date Signed: _ Date Signed: FO TY,APPROV D AS TO FORM: Stepha L. Sheets, City Attorney JBS AS ClATES, C. By: Title: P4 1�s Date Signed: 10 Exhibit "A" "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 I -Analysis 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. Documents reflecting the amounts of source water for at least the most recent three years will be reviewed, if available, and a physical inspection will be made of the meters through which water production is being measured. We will survey the meter type, capacity range and installation suitability for each metering location. The analysis of water production data will include: 1. Identification of possible meter installation problems that may adversely affect meter accuracy, longevity and accessibility for proper maintenance and in-place testing. 2. Confirmation of appropriate meter sizing and application. 3.Verification of water production data. 4.Verification of meter accuracy by using either pitot rod, time-volume, and/or a transit-time test meter as determined by the source meter physical installation. 11 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 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 unaccounted-for water(UFW) due to meter inaccuracies is recoverable at applicable retail water and wastewater rates. To begin, the utility shall extract utility billing data for 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 sates 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 Associates will calculate the Meter Utilization Index (MUI) for each active water account. Metered accounts will be sorted by the MUI index so that those meters having the greatest potential for inaccuracy, application or sizing problems may receive prioritized attention. Meter sizing and applications for Multi-Family and commercial accounts will receive specific attention. 3. On-site field inspections will be made on all existing customer meters 3-inch and larger in size. At this writing, that number is yet to be determined. These meter installations will be inspected, evaluated, photographed and reported in the Large Meter section of the Final Report. Installation problems will be noted and recommendations for corrections will be offered. In addition, follow up on selected 2-inch meter accounts may be indicated should the analysis of consumption data suggest sizing or application issues may exist in that category of meters. Recommendations for large meter maintenance and replacement frequencies will be considered. 4. A separate analysis of the bulk water meters will be undertaken. This may entail additional investigations in the field requiring support from Public Utilities to provide additional access points or to coordinate meter tests. 12 5. If indicated by the analysis, JBS may install portable data loggers installed on certain b"W"LlWOMMUT&RNMrs°°"°"T"`°° meters so that extended hourly flow patterns may be developed. This information may be used to recalibrate the MUI data generated via the computer. In addition, consumption history will be analyzed by meter brand, size and age, and a complete cost analysis will be �f"+ rst ' "� prepared. 6. In order to help fine tune system operations, this task will include analyses of metered revenues, meter sizes, meter routes, and meter age as they relate to meter reading, billing, meter replacement and maintenance. 7. JBS will complete the consumption analysis by showing the metered distribution of water according to categories such as Sales Volume, Account Classification, Meter Type, Meter Age, Installation Date, and Manufacturer. This summarized data will be presented in both tabular and graphical form. 8. JBS will complete an analysis of sales distribution by calculating the number of accounts for each 1,000-gallon unit sates category as shown in the following example (approximately 6% of the total customers generated nearly 75%of total sales). 9. Meter reading and billing procedures will be reviewed and recommendations will be submitted. DISTRIBUTION Of SALES - ALL 100% ACCOUNTS 300 0 90% 270 80% 240 ca70% 210 z W 60% 180 C 6 50% 1500 L05 40% 120 Q 30% 90 Cj 20% 60 z 10% 30 0% 0 O�NM��COI�OOOOr-Nc�d►t)(OI�O2OOrcVM�t�COI�00rn0A AVERAGE MONTHLY USAGE K-GAL I i NO.ACCTS —CUM%ACCTS —CUM% SALES 13 10.JBS will review the City's large meter testing procedures and program to ensure that best methods and meter management techniques for an in-house testing program are implemented. 11.The existing water rate structure will be reviewed and its overall impact on meter management will be reported. 12.A cost benefit analysis will be prepared for meters recommended for resizing. 13. 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. 14. A comprehensive review of current meter reading costs will be made and compared against both Touch Read and AMR technology(Radio Frequency). 15. Guidelines for meter specification will be prepared for all sizes and types of meters deployed in the system. TASK 3 -Analysis of Bulk Water Consumption & Metering 1. JBS Associates 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 2002 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 up to 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 Public Utilities. 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 Water Lost through Un Metered 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. 14 TASK S-Analysis of Existing Line Breaks & Historical Leak Data We will collect and compile available ;•,R:, o.�,,,�; -•' .,•s existing work order records of reportedAJ •°*�.» ; • ' ''.�;-@•..,� _�-.� line breaks and leaks. The data will be *.I analyzed for possible correlations that �. . may help establish priorities for any •«...,.�•,�,�., . . : :: ,: anticipated replacement of water ' . •« .�,� :�,• +�4C � „ .' '-•° distribution and service lines as well as possible future underground leak •j••'t` ; detection surveys. The results of Tasks 5 • : t.� t � •ss, y and 6 will be particularly interesting since ` • •«f ` ; f v " ;'*;•; , the City has undergone substantial ` •.."t . ��, � - rM .,, service line replacement since 1998 that ., • has led to an apparent reduction in they• '- »• �: �"`;'; - incidence of visible leaks repaired by the �.• "« �,�:+»'�-�] ..�, A Line Maintenance Department. #= $" - '�'++•� i` TASK 6-Field Measurements to Determine Underground Leakage Potential 1. Water distribution system maps will be reviewed to plan to nighttime flow measurements of the water system. When possible and practical, and with utilities Department 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. 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. This information may be used to determine if and where a physical leak detection survey might be cost-effective. 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 Associates 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. 15 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 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 opportunity to ask questions and assure adequate understanding of the recommendations and results generated. 16 "Work Schedule" Professional Services Comprehensive Water Distribution System Audit & Meter Management Analysis City of Round Rock, Texas RR Work Schedule by Task Assumes March 26 Start TASK OESCRIP'i10N unit QEy DaysStart L» End 1 Analysis of Water Production Meters&Data Lot 1 26 15-Apr-07 11-May-07 2 Comprehensive Analysis of Metered Accounts Accts 30,000 112 26-Mar-07 16-Jul-07 2.1 Large Meter Inspections Meters 250 12 19-Apr-07 1-May-07 2.2 Data Logging of Selected Large Meters Meters 50 19 6-May-07 25-May-07 3 Analysis of Bulk Water Consumption&Metering Lot 1 8 31-Mar-07 8-Apr-07 4 Investigation of Water Lost through Un-Metered Use Lot 1 12 27-May-07 8-Jun-07 5 Analysis of Existing Line Breaks&Historical Leak Lot 1 26 6-Jun-07 2-Jul-07 Data 6 Field Measurements to Determine Underground Lot 1 10 7-Apr-07 17-Apr-07 Leakage Potential 7 Review Policies&Procedures Affecting Meter Lot 1 9 30,Jun-07 9-Jul-07 Efficiency&Revenue 8 Final Report of Water Distribution System Audit Lot 1 20 7-Jul-07 27-Jul-07 Total 123 26-Mar-07 27-Jul-07 17 Task# N N co -I 0 0 AA W N 9-Mar-07 i I 1 I I I I I I I 16-Mar-07I I I I I I I I I I I I I 1 23-Mar-07 ---�--- -------- ----I --- --------- --- ---; --- I I M 30-Mar-07 ----------------L--------I--- ---- --- p I I I I I I I I 1 I I I i I I I_ I �---- C 6-Apr-07 --------- ------- -�----I----I �- -- I I CLI I I I I I I I I O 13-Apr-07 ' I I I I I I I I 20-Apr-07 ------------- ---T---- - I---- fl., 27-Apr-07 - O C O. I I I CD 4-May-07 0 I I I I I I H.a 11-Ma 07 III IIIII iI1I 4N3d p = 0%18-Ma 07 --- 1---- CO) --- 25-May-07 - ---- � mf9 I I I I I I I I I I 1-Jun-07 - C. I I 1 I I I I I I I ! CL 8-Jun-07 ,----I----1---- ----I-- --I-- - r--- = tD I I i I I I I I I I 1 i 1 ,r I 1 1 I I I I I I I �• 15-Jun-07 - O 'G 1 N I I i I I I I I I I 22-Jun-07 C y I I i CD 1 1 -4I I 1 I I 29-Jun-07 1----------- L------------I-- I I I I I I 1 I I I I I I I I I I I 6-Jul-07 ---- -- I 1 I I 1 I I 1 I I I I I I J I I I 13-Jul-07 I I I 1 I I I I I I I I I I I I I I 20-Jul-07 I I I 1 I I I I I 27-Jul-07 3-Aug-07 "Fee Schedule" Professional Services Comprehensive Water Distribution System Audit & Meter Management Analysis for the City of Round Rock, Texas Our fee for conducting and completing the Professional Services as described in the forgoing Scope of Work(Exhibit"A")will not exceed$62,900 (Lump Sum/Fixed Fee) including all expenses normally associated with the described work. A breakdown of costs is provided below: 1.LABOR COST DETAIL Consump- Project tion Meter Program Time Cost _Task Description Principal Manager Analyst Specialist Specialist (hrs) ($) 1 Analysis of Water Production 36.0 48.0 36.0 120 $6,096 Meters&Data 2 Comprehensive Analysis of 14.4 43.2 72.0 36.0 36.0 201.6 $8,784 Metered Accounts 3 Analysis of Bulk Water 64.0 64 $3,520 Consumption&Metering 4 Investigation of Water Lost through 56.0 24.0 80 $3,584 Un-Metered Use 5 Analysis of Existing Line Breaks& 72.0 48.0 120 $4,968 Historical Leak Data 6 Field Measurements to Determine 25.6 6.4 32 $1,728 Underground Leakage Potential 7 Review Policies&Procedures 14.4 19.2 33.6 $1,992 Affecting Meter Efficiency& Revenue 8 Final Report of Water Distribution 48.0 48.0 48.0 48.0 192 $9,648 System Audit Subtotals: 112.8 376.0 126.4 120.0 108.0 843 $40,320 Average billing rate: $65.00 $55.00 $50.00 $31.00 $21.00 Subtotal by labor classification: $7,332 $20,680 $6,320 $3,720 $2,268 Labor: $40,320 Direct Labor Overhead Rate(Fringe Benefit)25%x Labor: $10,080 General and Administrative Overhead: $4,090 Total Labor&Overhead: $54,490 Profit-10%x Total Labor: $5,449 Total JBS Labor Cost: $59,939 19 2.COST SUMMARY Labor: JBS Associates $59,939 Expenses: JBS Associates $2,961 Sub Consultants: None $0 TOTAL: $62,900 20 ACORD CERTIFICATE OF LIABILITY INSURANCE OP IDR DATE(MWOWYYY) JBSAS-1 2 12 07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Weatherton-Cole Ins HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 12611 Jones Road Ste. 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston TX 77070 Phone: 281-469-9652 Fax:281-469-5271 INSURERS AFFORDING COVERAGE MAIC# INSURED INSURER Hartford Insurance Coupan INSURER B: JBS Water Inc and INSURER G JBS and Associates 4715 Strack Rd Suite 114 INSURER D: Houston TX 77069 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELO✓Y HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING 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 IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. UK"UPOLICY EFFECTIVE LTR INQ TYPE OF INSURANCE POLICY NUMBER DATE MWD DATE MMID LIMN GENERALLIABILITY EACH OCCURRENCE $1000000 A X COMMERCIAL GENERAL LIABILITY 61SBABY7558 03/08/06 03/08/07 PREMISEs Eaoccurence s300000 CLAIMS MADE ®OCCUR MED EXP(Any one person) $.10000 PERSONAL&ADV INJURY $1000000 GENERAL AGGREGATE s2000000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-CoMP/OP AGG $Z=LUDED -]17POLICY J� LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-0WNEDAUTOS (Peraccident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS IMBRELI A LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS LIABILITY ANY PROPRIETORIPARTNER/DCECIJTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE S ITyes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMB 1$ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION ROUHD01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Round Rock IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 221 E Main STreet REPRESENTATIVES. Round Rock TX 78664 `����2��A'�/�`�'►�SCJ ACORD 26(2001/08) 0 ACORD CORPORATION 1988