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Exhibit 1 - Agenda Information Sheet - Amend 1City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement ACM: Cassey Ogden DATE: October 24, 2023 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a contract between the City of Denton and Xylem Water Solutions USA, Inc., amending the contract approved by the City Council on February 18, 2020, in the not- to-exceed amount of $1,000,000.00; said first amendment to continue to purchase Flygt pumps, equipment, parts, supplies, and services to operate and maintain the City of Denton sewage pumping stations and treatment plants for the Water Reclamation Department; providing for the expenditure of funds therefor; and providing an effective date (File 7172 – providing for an additional first amendment expenditure amount not-to-exceed $250,000.00, with the total contract amount not-to-exceed $1,250,000.00). STRATEGIC ALIGNMENT This action supports Key Focus Area: Promote Sustainability and the Environment. INFORMATION/BACKGROUND The Water Reclamation Department is currently under contract with Xylem Water Solutions to purchase Flygt pump equipment, along with parts and services that are necessary to maintain, repair, and upgrade the infrastructure of the City of Denton’s treatment plants and lift stations. The current contract was approved by City Council on February 18, 2020, for $1,000,000 with a total five (5) year term and currently is at 93 percent spend. Due to escalating prices since COVID-19, additional funding is needed to ensure that the department can continue to procure equipment and services to keep the City of Denton’s wastewater infrastructure operating as intended. Xylem Water Solutions is the sole source for Flygt pump equipment and replacement parts. Equipment for new projects is competitively bid as part of the project. Plant and Lift Station pump installations are subject to an engineered set of design and operating conditions; if replacement is needed, care must be given to utilize the same designed operating conditions, which the original equipment maintains. Decisions regarding repair or replacement are made based on the overall condition and age of the pump vs. the purchase price of new equipment. There are sometimes significant lead times associated with repairs. TCEQ Rule 317.3 states that “the firm pumping capacity of all lift stations shall be such that the expected peak flow can be pumped to its desired destination”. Firm pumping capacity is defined as the total station’s maximum pumping capacity with the largest pumping unit out of service. Whenever a pump is out for any service, there is no redundancy to meet City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com this rule. For the health and human safety of our citizens, the City must ensure that repairs are made as swiftly as possible. Section 252.022 of the Local Government Code provides that procurement of sole source commodities and services are exempt from competitive bidding, if over $50,000, shall be awarded by the governing body. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On February 18, 2020, City Council approved a contract with Xylem Water Solutions USA., Inc., in the not-to-exceed amount of $1,000,000 (Ordinance 20-360). On October 23, 2023, this item will be presented to the Public Utilities Board (PUB) for consideration. RECOMMENDATION Award Amendment No. 1 with Xylem Water Solutions USA., Inc., to continue to purchase Flygt pumps, equipment, parts, supplies, and services to operate and maintain the City of Denton sewage pumping stations and treatment plants for the Water Reclamation Department, in a not-to-exceed amount of $250,000, for a total amended contract amount of $1,250,000. PRINCIPAL PLACE OF BUSINESS Xylem Water Solutions USA., Inc. Carrollton, TX ESTIMATED SCHEDULE OF PROJECT This contract expires on February 18, 2025. FISCAL INFORMATION These items/services will be funded from Wastewater account 640100.6525. Requisitions will be entered into the Purchasing software system as needed. The total amended amount of this contract is $1,250,000. The City will only pay for services rendered and is not obligated to pay the full contract amount unless needed. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Original Ordinance and Contract Exhibit 3: Ordinance and Amendment 1 Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Chris Carroll, 940-349-7190. Legal point of contact: Marcella Lunn at 940-349-8333.