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HomeMy WebLinkAbout1987-0261713L NO 0-426 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR A WATER AND WASTEWATER STUDY, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, the agreement between the City of Denton, and Denton County, providing study for long-range supply, treatment and transmission of water and the collection and treatment of wastewater for areas within Denton County under the terms and conditions being contained in said agreement which is attached hereto and made a part hereof SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the'- day of , 1987 1&�ix �A�_ RAY ST'PH NS, DAYOR CITY 0 DENTON, TEXAS ATTEST WAL ER AC' NG C TY SECRETARY CI OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS rHE STATE OF TEXAS S CONTRACT FOR WATER/WASfhWATER STUDY BY THE CITY OF DENTON COUNTY OF DENTON S AND DENTON COUNTY This Contract is made and entered into this 7 td day of 1987, by and between the CITY OF , herein aftkr terpfpd 'DENTON" and the COUNTY OF DENTON, hereinafter termed "C NTY" WHEREAS, A Committee as listed in Schedule A has been established to study the long-range supply, treatment and transmission of water and the collection and treatment of wastewater for the areas within Denton County, and, WHEREAS, COUNTY, on behalf of Committee is contracting with Espey, Huston and Associates, Inc , for engineering services to conduct such a study, and, WHEREAS, DENTON, on behalf of the Committee and COUNTY, has received a grant from the Texas Water Development Board to pay for fifty percent (50%) of the Study, not to exceed $125,000, and, WHEREAS, DENTON must enter into contract with the Texas Water Development Board and agree to terms, conditions and provisions therein regarding such Study in return for subject funding, and, WHEREAS, all such terms, conditions and provisions are included in the contract between COUNTY and Espey, Huston and Associates, Inc , NOW, THEREFORE, DENTON and COUNTY, for the mutual consideration hereinafter stated, agree and understand as follows I, Contract for Study The COUNTY will contract for study with Espey, Huston and Associates, Inc , such contract being Attachment II, attached hereto II Contract for Grant The COUNTY, acting through the Committee, will perform all provisions of the contract between the CITY OF DENTON and the Texas Water Development Board in such manner as if COUNTY were party to such contract, subject contract being Attachment III attached hereto III Grant Funds Provided COUNTY will submit all invoices and purchase vouchers from Espey, Huston and Associates, Inc , and all proof of payments of such invoices by COUNTY to DENTON and DENTON will submit such invoices, purchase vouchers and proof of payment to the Texas Water Development Board in accordance with provisions outlined in Section III of Attachment III, attached hereto for payment DENTON will pay COUNTY the full amount of all payments received from the Texas Water Development Board within fifteen (15) days of receipt of such payments IV Term of Contract The term of this contract shall be through the conclusion of the agreement between COUNTY and Espey, Huston & Associates, Inc and through the conclusion of the contract between DENTON and the Texas Water Development Board and through any such amendments or extensions that may be agreed to by affected all parties V Mailing Addresses A All notices and communications under this contract shall be mailed or delivered to DENTON or COUNTY shall be sent as follows unless and until either party is otherwise notified City of Denton 215 E McKinney St Denton, Texas 76201 ATTN R E Nelson, P Director of Utilities Lee Walker, County Commissioner, Precinct 3 212 W Sycamore St Denton, Texas 76201 Any notices and communications required to be given in writing by one party to the other shall be considered as having been given to the addressee on the date the notice or communication is posted by the sending party PAGE 2 IN WITNESS WHEREOF, th executed this contract as the ATTEST Arx a� JEN FER A TERS ACT I CI SECRETARY CITY F DENTON, TEXAS e Parties hereto have made and day and year first above written CITY OF DENTON, TEXAS BY . — ' RA S" 1ENS, MAYOR APPROVED AS TO FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY APPROVED AS TO FORM B Y i� �U GEC" ATTORNEY :61),q pj DENTON COUNTY COMMISSIONERS COURT RY4 C NTY J D E w�. PAGE 3 Ml. bdUIIII CII 1. 1 IARTICIPATTNG AGENCIES 8 E WITH ASSOCIATED FEES ITIES Bartonville Water Supply Corp 32000 + (3,720 minus **1,693) x 100 Bartonville, Texas, Town of Ilona + (805 x lot) * Carrollton, Texas, City of 05400 + (291934 x lat) Colony, Texss, City of 14000 + (17,150 x lot) Copper Canyon, Texas, Town of 11000 + (888 x lot) Corinth, Texas, City of 12000 x (2800 x loge) * Dallas, Texas, City of (maximum * Denton, Texas, City of 25000 + (63,100 x lot) 12,203 111080 17,992 85,715 91,089 22,280 commitment) I40,VVC 811,310 * Denton, COUNTY OF (maximum commitment) 6100,000 Flower Mound, Texas, Town of (maximum commitment) 15,000 34000 + (11,800 x 10) Highland Village, Texas, City of 83,505 93000 + (5050 x loge) Lake Cities Municipal Utility Authority 03,720 33000 + (7200 x 10d) * Lewisville, Texas, City of 58,720 15000 + (37,200 x lad) Little Elm, Texas, Town of 11,115 11000 + (1150 x loge) Ponder, Texas, Town of 21,03? 11000 + (325 x lot) Sanger, Texas, Town of I2,385 52000 + (3850 x loge) TSW Incorporated Water Company I11081 51000 + (810 x lot) TOTAL 1197,147 Select Committee Member PARTICIPATION FORMULA Flat Fee 0 - 1,000 11,000 1000 - 5ti000 I21000 5,ono - 10,000 13,000 10,000 - 25,000 14,000 over 25,000 I5400 Population Fee Tn addition, each municipality or water supply entity would pay a per capita fee of loge per capita Notes 1) Population numbers are January 1, 1986 NCTCOG estimates 2) Population for Bartonville Water Supply Corporation excludes (**) cities of Bartonville and Copper Canyon since these cities are independent participants in the study 3) Population for Lake Cities Municipal Utility Authority, Bartonville Water Supply Corporation and TSW Inc , Water Company are estimated by methodology Number of connections multiplied by 3 residents per connection equals population PArP 4 D R A F T January 26, 1967 STATE OF TEXAS COUNTY OF DENTON } ATTACHMENT II ENGINEERING SERVICES AGREEMENT This Agreement is made and entered into this day of 1987, by and between Denton County on behalf of the Participating Agencies' Steering COMMITTEE as listed in Exhibit B, hereinafter referred to as the "COMMITTEE", and Espey Huston g Associates, Inc , Engineering a Environmental Consultants hereinafter referred to as "ENGINEER" WHEREAS, Denton County, on behalf of the COMMITTEE desires the professional services of ENGINEER to perform engineering services, to serve as the COMMITTEE's professional engineering consultant and advisor in connection with a Study to evaluate and make recommendations for providing water and wastewater services to Denton County Communities and water/wastewater supply entities needing wholesale services as described in Exhibit A, "Scope of Work" hereinafter referred to as the "STUDY", and, WHEREAS, Denton County has designated the COMMITTEE to serve as the Representative for Denton County with and between Denton County and the ENGINEER and, furthermore, Denton County and the COMMITTEE designates Robert E Nelson, P E as the Committee's PROJECT MANAGER who shall work under the authority of the COMMITTEE's Chairperson, County Commissioner Lee Walker, to coordinate the day-to-day activities of the STUDY, and, WHEREAS, Denton County has designated the SELECT COMMITTEE to assist Robert E Nelson, P E with these PROJECT MANAGER duties, SELECT COMMITTEE being designated by asterisk on Exhibit 2 attached hereto, NOW THEREFORE, COMMITTEE and ENGINEER, for the mutual consideration hereinafter stated, agree and understand as follows Scope of Services for ENGINEER A The Scope of Services to be rendered under this Agreement is set forth in Exhibit A, attached to and made a part hereof Deviations from the attached Scope of Services or other provisions of this Agreement, may only be made by written agreement authorized by the COMMITTEE and the County of Denton PAGE 1 II Additional Services A If authorized by the County of Denton and the COMMITTEE, additional services related to the assignment will be performed by ENGINEER for an additional professional fee on a time and materials basis in accordance with ENGINEER'S rate schedule, attached as Exhibit C or on a different basis as the parties may otherwise agree III COMMITTEE's Responsibilities A COMMITTEE shall do the following in a timely manner so as not to delay the services of ENGINEER 1 Provide all criteria and full information as to COMMITTEE'S requirements for the STUDY and designate in writing a person with authority to act on COMMITTEE'S behalf on all matters concerning the STUDY Furnish to ENGINEER all existing reports and other available data pertinent to the STUDY, obtain or authorize ENGINEER to obtain or provide additional reports and data as required, and furnish to ENGINEER services of others required for the performance of ENGINEER'S services hereunder, and ENGINEER shall be entitled to use and rely upon all such information and services provided by COMMITTEE or others in performing ENGINEER'S services under this Agreement Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services hereunder Perform such other functions as are indicated in Exhibit A, "Scope of Services" Bear all costs incidental with the requirements of this Section III Provide labor and safety equipment to inspect or investigate any existing facilities as required by the ENGINEER IV Period of Service A ENGINEER'S basic services will commence within fifteen (15) days of the date of this Agreement and the final report (Item 5 3 of Scope of Services) shall be submitted by August 31, 1987 PAGE 2 B If ftir any reason ESPEY, HUSTON & ASSOCIATES, INC , is unable to complete its performance called for under the terms of this contract on or before August 31, 1987, and is unable to deliver the final report on or before November 30, 1987, the County of Denton and the COMMITTEE hereby agree to consider negotiating a new contract period The COMMITTEE must, however, be notified in writing fifteen (15) working days prior to the date for completion of the work program or thirty-five (35) days prior to the date for submittal of the final report C If for any reason, the State of Texas reduces or eliminates the State grants which have been promised or relied upon, the County of Denton and the COMMITTEE reserve the right to terminate this Agreement Upon termination, all services rendered up to the date of termination will be paid for, and upon such payment, all documents will be turned over to the COMMITTEE D ENGINEER'S basic services under this Agreement will be considered complete at the earlier of (1) the date when item 5 6 in Scope of Work is accepted by COMMITTEE or (2) sixty (60) days after the date when the report is submitted for final acceptance, plus in each case, if applicable, such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction to approve the STUDY E ENGINEER'S additional services will be performed and completed within the time period agreed to in writing by the parties at the time such services are authorized v Payments to ENGINEER A. COMMITTEE shall authorize payment to ENGINEER for services rendered hereunder as indicated in Exhibit A, Scope of Services B ENGINEER shall submit statements for basic and additional services rendered monthly Such statements shall be complete and detailed COMMITTEE shall insure prompt payments in response to ENGINEER'S statements C ENGINEER'S charges are on the basis of prompt payment of statements rendered and continuous progress of the work on the STUDY until submission of the report D The ENGINEER shall be compensated for services indicated in Exhibit A, Scope of Services, on the basis of salary cost times a multiplier of 2 4, plus other PAGE 3 d. ect expenses plus subcontraLtor costs with the total fee not to exceed 82501000 without written authorization of the County of Denton and the COMMITTEE. E "Salary Cost" (illustrated in attached current Standard Rate Schedule) used herein is defined as the cost of salaries of managers, engineers, technicians, drafts- men, stenographers, surveymen, clerks, laborers, etc , for time directly chargeable to the STUDY by ENGINEER'S personnel, plus social security contributions, unem- ployment, excise and payroll taxes, employment compen- sation insurance, medical and other insurance benefits, sick leave, vacation, holiday pay and contributions to a pension or retirement plan (Currently, salary cost is equal to 1 32 times direct salary payments This factor is adjusted annually) F Other direct expenses shall include printing and repro- duction expense, communication expense, travel, trans- portation and subsistence away from Dallas and other miscellaneous expense directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons or agents G Under no circumstances shall any statement for services exceed the value of work performed at the time a statement is rendered H It is specifically understood and agreed that the ENGINEER shall not be authorized or required to undertake any work pursuant to this Agreement which would require additional payments by the COMMITTEE of any charge, expense or reimbursement above the maximum fee as stated without having first obtained written authorization from the COMMITTEE I Should the COMMITTEE fail to make payment to the ENGINEER of the sum named in any partial or final statement when payment is past due for more than forty-five (45) days, then the COMMITTEE shall pay to the ENGINEER, in addition to the sum shown as due by such statement, interest thereon at the rate of 1 percent per month from the date due, as provided herein, until fully paid, which shall fully liquidate any injury to the ENGINEER arising from such delay in payment J Included within the Scope of Services for this STUDY is a budget of 312,500 for consultation with subcontracted Hutchison, Price, Boyle & Brooks, Inc for legal and First Southwest, Inc for financial services PAGE 4 VI Cost Co^trol COMMITTEE'S budgetary requirements and considerations in respect to the STUDY are set forth in Exhibit B Opinions of probable construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by ENGINEER hereunder will be made on the basis of ENGINEER'S experience and qualifications and represent ENGINEER'S best judgment as an experienced and qualified design professional VII General Considerations A Neither COMMITTEE nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement Nothing contained in this paragraph shall prevent ENGINEER from employing such independent professional associates, subcontractors and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder 8 Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than COMMITTEE and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of COMMITTEE and ENGINEER and not for the benefit of any other party C This Agreement (consisting of page 1 through page 17 inclusive) including Exhibits constitute the entire Agreement between COMMITTEE and ENGINEER and supersede all prior written or oral understandings This Agreement and said Exhibits may only be amended, supplemented, modified or cancelled by a duly executed written instrument In the event the ENGINEER'S Project Manager or key members of the project team are removed from this STUDY, the COMMITTEE will have the right to interview and approve or disapprove of replacements If an ENGINEER'S Project Manager satisfactory to the COMMITTEE is not assigned, COMMITTEE shall have a right to terminate this STUDY PAGE 5 VIII Indemnigication IX ENGINEER shall and does hereby agree to indemnify and hold harmless the COMMITTEE from any and all damages, loss or liability of any kind whatsoever, occasioned by any error, omission or negligent act of ENGINEER, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and ENGINEER will, at its cost and expense, defend and protect the COMMITTEE against any and all such claims and demands up to the amount of this contract Mailing Addresses All notices and communications under this Agreement tc be mailed or delivered to COMMITTEE shall be sent to the address of the COMMITTEE'S PROJECT MANAGER with copy to Lee Walker, County Commissioner, as follows, unless and until ENGINEER is otherwise notified Robert E Nelson, P E , Project Manager City of Denton Utility Department 215 E McKinney St Denton, Texas 76201 Lee Walker, County Commissioner, Precinct 3 212 W Sycamore St Denton, Texas 76201 Notices and communications to be mailed or delivered to ENGINEER shall be sent to the address of ENGINEER as follows, unless and until PROJECT MANAGER is otherwise notified Espey, Huston 8 Associates, Inc 17811 Waterview Parkway, Suite 500 Dallas, Tx 75252 ATTN Thomas E Taylor, P E Director of Municipal Services Any notices and communications required to be given in writing by one party to the other shall be considered as having been given to the addressee on the date the notice or communication is posted by the sending party PAGE 6 IN WI SS WHEREOF, the Partie hereto have made and executed this Agreement as of the day and year first above written ENGINEER ESPEY, HUSTON & ASSOCIATES, INC ATTEST (Title) Attest (Title) BY Title DENTON COUNTY ON BEHALF OF COMMITTEE BY Title APPROVED AS TO LEGAL FORM COUNTY ATTORNEY By PAGE 7 EXHIBIT A SCOPE OF SERVICES Pur ose of Stud _ The purpose of this STUDY is to evaluate and to make recommendations for providing water and wastewater service to Denton County communities and water and wastewater supply entities needing wholesale service, now or in the future, in the service area of the regional water supply system operated by the City of Dallas (generally defined as all of Denton County with exception of the area south and southwest of Denton Creek but subject to other minor exclusions or inclusions). (map attached) See also City of Denton potential water service area (map attached) Gra t Assistance The City of Denton, on behalf of Denton County commun t es and water/wastewater supply entities have applied to the Texas Water Development Board for grant assistance for this STUDY COMMITTEE will prepare monitoring and status reports as required, and ENGINEER will review such reports for technical accuracy and completeness Comm n cat ons In order to keep participating entities advised of progress, aNewsletter will be prepared by the ENGINEER and mailed on a monthly basis to a mailing list not to exceed 200 addresses 1 0 Preliminary Assessment 1 1 ENGINEER & PROJECT MANAGER will identify data to be collected and furnished by participating agencies 1 2 Review published reports furnished by the participating agencies 1.3 Conduct one on one interviews with each of the following participating agencies Bartonville Water Supply Corp Town of Bartonville, Texas City of Carrollton, Texas City of the Colony, Texas Town of Copper Canyon, Texas City of Corinth, Texas City of Dallas, Texas City of Denton, Texas County of Denton, Texas Town of Flower Mound, Texas City of Highland Village, Texas Lake Cities Municipal Utility Authority City of Lewisville, Texas Town of Little Elm, Texas Town of Ponder, Texas City of Sanger, Texas TSW Incorporated Water Company Other entities may agree to participate in costs of this STUDY at a later date In that event, additional interviews (not to exceed five unless authorized by the County of Denton and the COMMITTEE) will be required PAGE 8 1 4 Revi additional reports furni ad by the participating agencies for background information and for data concerning population and demand projection Such reports include, but may not be limited to the following *Long Range Water Demand Forecasts, Dallas Water Utilities Service Area- CH2M Hill, August 1984 *Analysis of Water Service Area- Peat Marwich and Mitchell, May 1980 *Report on Feasibility Study for Aubrey (Ray Roberts) Lake- URS Company, 1977 *Report on Long Range Water Supply Study to Meet Requirements to the Year 2050 for the City of Dallas, Texas, URS Company, March 1975 *Water Supply Study for City of Denton- Freese a Nichols, June 1982 *Water Supply Study for City of Lewisville- Shimek, Jacobs and Finkles, 1982 (revi 1985) gwt *Water Service Arek, W Cionnaire, Dallas Water Utilities, April 1985 _ *Conditions of Service for Treated Water Wholesale Customers, City of Dallas, January 1985 NOTE The above information is on file in the Planning Division of Dallas Water "rWilitivs in Room 4AS of Dallas City Hall K 1 5 Identify other en tie in Denton County that have responsibility for pr ding water or wastewater services 1 6 Develop base map for project area 1 7 As directed by the Project Manager, meet with other identified entities (not to exceed two group meetings) 1 8 Determine, from information and data provided by each entity, the water and wastewater services area of each participating agency and/or the other identified entities in Denton County 1 9 Develop a draft work plan which shall include a proposed schedule for each phase of work 1 10 Conduct work session with Steering Committee 1 11 Finalize the work plan 1 12 Prepare and submit twenty-five (25) copies of Phase 1 0 report to the Project Manager PAGE 9 1 13 Cont t review session of Phast 1 0 report with Steering Committee 2 0 Analysis Defining the Dimensions of the Prolect 2 1 Make an inventory of existing, committed, and planned water and wastewater facilities and their capacities from information furnished by participating and non -participating agencies 2 2 Meet with various agencies that may have information or who may be affected by the STUDY, including, but not limited to the following agencies Texas State Highway Department Railroads Major Pipeline Companies Major Gas•44W E446iric Utilities U S. Corps of Engineers Texas Water Commissim Water Development Board North Central Texas Council of Governments Trinity River 1khor North 1'bxas Municipal Water Dist'Fict City of Ft Worth, Texas North Texas Industrial Commission 2 3 Develop low, most probable, and high Onual population projections for the study area requirements for increments of five (5) years through 2010 Use North Central Texas Council of Government's data as the base population projection and supplement with input from the respective Steering Committee entities and other appropriate data 2 4 Estimate future per c pita consumption of water and of wastewater discharges 2 5 Develop low, most probable, and high projections for future water demands for average and peak, drought and normal conditions Projections should be in increments of five years 2 6 Project low, most probable and high projections for future wastewater treatment requirements for increments of five (5) years through 2010 2 7 Identify existing untreated water resources available to serve the study area, determine yield expected to be available to study area, consult with Dallas Water Utilities 2 8 Determine need for supplemental untreated water resources and identify potential sources which may be needed to meet anticipated long-term requirements PAGE 10 2 9 Este ish capability and wily ness of existing major entities within project area to meet projected water and wastewater demands of the project area 2 10 Meet one on one with each participating entity and review STUDY results 2 11 Conduct workshop with Steering Committee 2 12 Identify alternative strategies, considering near term and long term requirements, with emphasis on institutional agencie9',for providing water and wastewater services over the nex twenty-five (25) years Specific alternatives to be evaluated include, but shall not be limited to the following 2 12 1 Untreated water service from Dallas to other entities (either existing or proposed) which could provide treated water service to customers in the service area 2 12 2 Partnership arrangement between cities to construct water or wastewater treatment plants for benefit of the contracting parties 2 12 3 Creation of an entity or entities such as V utility districts to be sponsored and established by the customers having a need for water or wastewater service 2 12 4 Enlargement of service area of existing V cities (Denton, Lewisville and others) which already have water or wastewater treatment plants in Denton County 2 12 5 Service to be provided by an established water or wastewater service entity which may or may not presently provide service in the Denton County service area (Dallas, Trinity River Authority, etc) 2 13 Prepare and submit twenty-five (25) copies of Phase 2 0 report to the Project Manager 2 14 Conduct review session of Phase 2 0 Report with Steering Committee 3 0 Evaluation of Alternatives - 3 1 Evaluate feasibility of existing entities to expand their service areas to meet all or a portion of the project area PAGE 11 3 2 To t cuss Item 3 1 above, mee with the major agencies including City of Denton City of Lewisville City of Dallas North Texas Municipal Water District Trinity River Authority 3.3 Evaluate previously identified alternatives and determine "most feasible" alternatives (5 to 15) Match water and wastewater in workable combinations 3 4 With aid of a computer model, evaluate in depth the "most feasible" alternatives --documenting costs, advantages and disadvantages 3 5 Consult with legal and financial advisors concerning the alternative institutional strategies 3 6 Develop legal organizational structures with recommendations for service contract concepts and conditions of service required 3 7 Make field reconnaissance of the area as needed to determine probable location of proposed facilities for water and sewer 3 8 Assess infrastructure requirements for "most feasible^ alternatives and evaluate technical feasibility 3 9 Conduct Workshop with Steering Committee to evaluate alternatives 3 10 Taking into account the results of the workshop and the advice and comments of the Steering Committee, narrow the alternatives to three general strategies (or service plans) considering technical, legal, policy and financial constraints 3 11 Conduct interviews with major entities that would be affected by the alternative strategies to ensure conceptual agreement with their proposed roles in such plans 3 12 Prepare and submit twenty-five (25) copies of Phase 3 0 report to the Project Manager 3 13 Conduct review session of Phase 3 0 report with Steering Committee PAGE 12 4 0 Developmen of Infrastructure Plans a 4 1 For each of the top three recommended institutional alternatives, develop an infrastructure plan 4 2 Prepare implementation schedules and preliminary cost estimates for recommended service alternatives 4 3 Identify key political/policy/regulatory/legal steps for implementation 4 4 Provide recommendations for financial and legal strategies for funding initial costs and annual operation and maintenance costs Provide estimates of potential customer rates under recommended alternatives 4 5 Identify probable initial capital cost participation and continuing contractual relationships between suppliers and customers under recommended alternatives 4 6 Workshop with Steering Committee to review and fine-tune the recommended alternative strategies 4 7 Prepared and submit twenty-five (25) copies of phase 4 0 report to Project Manager 5 0 Reporting 5 1 Submit a draft of Final Report and Executive Summary to Project Manager 5 2 Steering Committee work session to review final report and Executive Summary 5 3 Prepare Final Report and separately bound Executive Summary and submit two hundred (200) copies to Steering Committee 5 4 Participate in presentation(s) of final recommendations (not to exceed five (5) presentations) 5 5 Submit documentation report of working papers to Project Manager 5 6 Meet with Steering Committee for closing remarks PAGE 13 e PLANNING AREA PACE 1 4" ... The Oplanaino Area& sonslsts of Denton County exeludlno the area south an' went of Denton Croak. (Water fiervles plannins for th• exaluded area sol Denton Co. has been aeoopted as a responsibility by ethers.) L •imala: IIsIL cal"I'\.3' --•-�-� �r.1p11�1�1.� •lJ ■oa 0 Ok V41 WA I Fang mky�A= 62 EXHIBIT B- PARTICIPATING AGENCIES 2 L fITIES WITH ASSOCIATED FEES Bartonville Water Supply Corp 9200V + (3,720 minus *x1,693) x lOt) Bartonville, Texas, Town of 1100o + (805 x lot) s Carrollton, Texas, City of 15,000 + (21,934 x 109) Colony, Texas, City of 84000 + (17,150 x lot) Copper Canyon, Texas, Town of 91000 + (888 x lad!) Corinth, Texas, City of 82000 x (2800 x 10t) * Dallas, Texas, City of (maximum * Denton, Texas, City of 15000 + (63,100 x lOt) 92,203 81,080 97,993 15,715 31,089 12,280 commitment) 140,0D0 811,310 s Denton, COUNTY OF (maximum commitment) Flower Mound, Texas, Town of (maximum commitment) 14000 + (11,800 x 10) Highland Village, Texas, City of 93000 + (SOSO x lot) Lake Cities Municipal Utility Authority 93000 + (7200 x 100 * Lewisville, Texas, City of I5000 + (37,200 x 100 Little Elm, Texas, Town of •100o + (1150 x lot) Ponder, Texas, Town of 11000 + (329 x 10e) Sanger, Texas, Town of 12000 + (3850 x lot) TSW Incorporated Water Company $loco + (810 x lot) * Select Committee Member PARTICIPATION FORMULA: Flat Fee TOTAL •100,000 Isloco 23,505 13,720 •8,720 81,115 81,o32 12,385 •1,081 8197,147 0 - 1,Oor /1,D00 1,000 - 5,000 82,OD0 5,000 - 10,000 13,000 10,000 - 25400 24,000 over 25,000 15,000 Population Fee In add Lion, each municipality or water supply entity would pay a per capita fee of 104f per capita Notes 1) Population numbers are January 1, 1986 NCTCOG estimates 2) Population for Bartonville Water Supply Corporation excludes (**) cities of Bartonville and Copper Canyon since these cities are independent participants in the study 3) Population for Lake Cities Municipal Utility Authority, Bartonville Water Supply Corporation and TSW Inc , Water Company are estimated by methodology, Number of connections multiplied by 3 residents per connection equals population pArr EXHIBIT C ESPEY, HUSTON a ASSOCIATES, INC. STANDARD RATE SCHEDULE Personnel Personnel cost is reimbursed based on a multiplier of 2 4 applied to salary cost Salary cost for each employee is based on the employee's actual hourly wage plus benefits Ranges of hourly salary cost by personnel classification are as follows Principal •36 00 to 170 00 Associate Staff 525 00 to 550.00 Senior Project Staff 820 00 to 145 00 Project Staff 812.00 to 830.00 Technical Support 36 00 to I20 00 Clerical Support 16 00 to 116 00 Survey Field Crews Survey crews are available at fixed hourly party rates Three (3) man field Crew 875 00 per hour Electronic Distance Measuring Equipment No charge There is no mileage charge for survey crew vehicles when the job site is within fifty (50) miles of the office from which the survey crew originates Travel S Subsistence All travel and subsistence expenses are invoiced at actual cost Cost of mileage on company -owned vehicles is computed at a rate of 28L per mile Cost for company -owned four wheel drive vehicles is computed at a rate of 28[ per mile plus 025 00 per day Purchased Services All purchased services are invoiced at actual cost These include but are not limited to reproduction, computer time, long distance telephone, consultants, subcontract services, rented or leased equipment, and expendable supplies PAGE 17 Terms Invoices are submitted monthly for all services rendered and are chargeay fleone epercent t 45 a per month from paymentsys 0 Late thew original incurll date late invoice PAGE 18 EXHIBIT D TO ENGINEERING SERVICES AGREEMENT D = Contract between the City of Denton and the Texas Water Development Board for Grant Funds 1b78L THE STATE OF TEXAS S COUNTY OF TRAV13 S ATTACHMENT III TWDB Contract No. CONTRACT BETWEEN THE TEXAS WATER DEVELOPMENT BOARD AND THE CITY OF DENTON, BT AL This contract is made and entered into between the Texas Water Development Hoard, hereinafter termed the "Board", and the City of Denton, Denton County Commissioner's Court, other Denton County Municipalities, and the City of Dallas, hereinafter termed "Denton", under which the following terms, conditions, and pro- visions have been agreed upon, in consideration of the mutual promises and covenants hereinafter stated, WITNESSETH: I. PROJECT DESCRIPTION AND SERVICES TO BE PERFORMED BY DENTON As a joint and a cooperative undertaking with the Board, to be financed jointly as hereinafter specified, the City of Denton will conduct a regional water supply and wastewater services planning study for the City of Denton and the balance of Denton County, excluding an area south and southwest of Denton Creek Services and activities provided shall be in strict accordance with requirements of the Texas Water Code, Chapter 1S, associated rules of 31 Texas Administrative Code, Chapter 3SS, Attachment A, the original grant application, which is made a permanent part of this contract, and with the following procedures and project descriptions 1 It shall be the responsibility of the City of Denton to establish formal and direct liaison with the entities listed in Exhibst A, the directors of utility districts within the service area that have notified Denton of their interest in the project, appropriate officials of the Cities of Dallas and Lewisville, the North Texas Municipal Water District, the Trinity River Authority, dnd community leaders in the proposed service area for the purpose of coordinating the work of the planning study and to acquire available data pertinent to the planning effort Planning shall be coordinated with all existing water supply, wastewater treatment, and flooding studies and activities for the purpose of providing information for the proposed project As the organising entity, the City of Denton has the responsi- bility to solicit comments from the general public as to the content of the planning project 2 The project will produce a feasibility study for a regional water supply and wastewater services system for a service area located in the El■ Fork watershed of the Trinity River Basin. The feasibility study, which is described in more detail in Embiblt B, will: A Develop a conservation plan for the service area to emphasize more efficient use of water resources B. Determine present and potential water demands for the years 1986 through 2010 for all cities, unincorporated areas, and water service entities in the planning area. C. Determine present entities, systems for water and wastewater service, and water resources available in the planning area. D. Analyze most feasible water purveyor organizational structures which may provide water and/or waste- water services within the planning area. Specific alternatives to be considered will include Expansion of presently adopted service areas (with agreement from entities) of Cities of Denton and/or Lewisville. 2. Creation of new regional entities (i.e , water districts). Service from existing entities which may or may not presently provide service within the planning area (i e., Trinity River Authority). Conduct interviews with established entities to insure conceptual agreement with proposed roles in regional service plans F Prepare preliminary cost estimates and implemen- tation schedules for recommended service alternatives. G. Provide recommendations for financial and legal strategies for funding initial construction costs and annual operation and maintenance costs Include estimates of potential customer rates under recommended alternatives H. Identify probable initial capital cost participa- tion and continuing contractual relationships between suppliers and customers under recommended alternatives. PAGE 2 3. The study will review the relevant portions of the City of Dallas' master planning effort that address water supply, treatment and delivery to tile study area. 4. The project will include coordinating the water supply and wastewater system plans and policies with existing plans and Policies of entities listed in *WhIUlt A, the county, and the state. II. PROJECT SCHEDULE AND REPORTS The term of this contract shall begin and the Corporation shall begin performing its obligations hereunder on 1987. The City of Denton shall complete the work program stated in Article I, above, not later than August 31, 1987, unless such date is extended as provided below, at which time the City of Denton shall deliver a final draft report After a thirty -day review period, the draft final report together with review comments will be returned to the City of Denton. A final report incorporating any required changes must be submitted to the Board within sixty (60) days thereafter Deadlines may be extended only in writing by the Board Ten (10) copies of the final report shall be delivered to the Board Delivery of the final report prior to November 30, 1987, shall constitute completion of the term of the Contract Monthly progress work reports which summarize the work completed through the period of the submitted State of Texas Purchase Voucher will be submitted by the City of Denton to the Board by the 20th of the month following the period covered by the Voucher. The work report will contain the following information 1 Task names and descriptions 2 Total cost of the individual tasks, including TWDB and City of Denton portions 3. Percept of the tasks completed 4 Dollar value of the percent of the tasks completed S. Total tasks completed, indicating the percent of and dollar value of the project completed as reflected in totals of all State Vouchers submirred A coordination meeting will be held at the end of every three-month period to discuss the status of the study Repre- sentatives of municipalities in Denton County and the City of Dallas will be invited to the meetings PAGE 3 t t The City of Denton will schedule the coordination meetings so that a status report on the project can be written by the City of Denton and submitted to the Board according to the following monthly schedule during the active life of the contract. March 1, 1987, and June 1, 1987. An interim status report will not be required after the draft final report has been submitted for review The status reports shall be in letter form and shall contain the following information 1. A brief statement of the overall progress made since the last status report 1. A brief description of any problems that have been encountered during the previous reporting period that will affect the study, delay the timely compldtion of any portion of the contract, or will inhibit ther lion of or cause a change in any of the project pro4hclectives 3. A description of actions of Denton or the contractor plans to take to correct any problems described in item 2 above or change any schedule, product, or objectives stated in the contract. If for any reason the City of Denton is unable to complete its performance called for under the terws of this contract on or before August 31, 1987, and is unable" to deliver the final report on or before November 30, 1987, the City of Denton and the Board hereby agree to consider negotiating a new contract period. The Board must, however, be notified in writing ten (10) working days prior to the date for completion of the work program or thirty (30) days prior to the date for submittal of the final report that the City of Denton will be requesting renegotiation III COMPENSATION AND REIMBURSEMENT The Board, for and in consideration of the obligations and responsibilities undertaken by the City of Denton, hereby agrees to compensa?'e and reimburse the City of Denton, in a total amount not to exceed $125,000, upon the submission of invoices and purchase vouchers representing costs incurred by the City of Denton pursuant to performance of this Contract The City of Denton will contribute $125,000, representing fifty (50) percent of the total project cost, in the form of cash A. Reimbursement to the City of Denton shall be made in accordance with the following budget, with the Board contributing fifty (50) percent of the total project cost in the form of cash PAGE 4 BUDGET Regional Water Supply Contract Study for the City of Denton A. Salaries and wages $ 51,863 B Fringe 13,738 C Travel 2,100 D. Expendable Supplies 10100 E. Contract Services* 680750 F. Techntj#jAMIkWW Services 2,200 G. Communications 1,100 H. Reproduction 9,350 I. Overhead 78,138 J Profit�21,561 Vr T TOTAL Subcontracts ` Monthly invoices or vouchers supplied by the Board for work performed shall be submitted for reimbu Slement.,u- Said invoices and vouchers shall be supported by sufficient detail to sub- stantiate billing by the City of Denton said detail to include the following - For direct expenses incurred by the City of Denton for outside consulting sotvice--copies of invoices to the City of Denton shoaling the tasks that were per- formed, the percent and cost of each task completed, a total cost figure for each direct expense category including labor, overhead, travel, communication and postage, technical and computer services, expendable supplies, printing and reproduction, and the total dollar amount due to the consultant For travel and subsistence expenses, including such expenses for sub -contractors --names, date, work location, time period at work location, itemization or subsistence expenses of each employee, limited, however, to travel expense authorized for state employees by House Bill 20, as amended, Acts of the 69th Legislature, Regular Session, 1985 (General Appropriation Act), and 3 Other transportation costs --copies of invoices covering tickets for transportation or, if not available, names, dates, and points of travel of individuals, and PAGE 5 All other reimbursable expenses --invoices or purchase vouchers showing reason for expense with receipts to evidence the amount incurred. B. The Board shall reimburse the City Of Denton only upon invoice and purchase voucher; provided, however, the Board shall only pay up to ninety (900) percent of each invoice the City of Denton's performance, completion of the rgeportt,and acceptance and approval of said report by the Board. At the time of said performance, completion, and approval of the report by the Board, the Board shall pay the remaining ten (101) percent to the City of Denton. IV PUBLICATION AND SUBCONTRACTING The Board shall have unlimited rights to technical or other data resulting directly from the performance of services to the Board under this contract It is agreed that the water supply planning materials deve- loped by the City of Denton pursuant to this contract shall become the joint property of the City of Denton and the Board in which the Board retains the right to establish copyrights Any water suppply planning materials subject to a Board copyright and produced by the City of Denton or Board pursuant to this contract may be printed by the City of Denton or Board at their own cost and distributed by either at their discretion within the State of Texas The City of Denton may otherwise utilize such material provided under this contract as it deems necessary and appropriate, including the right to publish and distribute the materials or any parts thereof under its own name within the State of Texas, provided that any Board copyright is appropri- ately noted on the printed materials The City of Denton agrees to acknowledge the Board In any news releases or other publications relating to the work per- formed under this Contract No work herein called for by the City of Denton shall be subcontracts"d or assigned without prior written approval of the Executive Administrator of the Board for such subcontract, including a detailed budget estimate with specific cost details for each item of the work to be performed by the subcontractor and for each category of reimbursable expenses V AMENDMENT, TERMINATION, AND STOP ORDERS This contract may be altered or amended only by mutual written consent and may be terminated by the Board at any time PAGE 6 by written notice to the City of Denton. Upon receipt of such notice, the City of Denton shall, unless the notice directs otherwise, immediately discontinue all work in connection with the performance of this Contract and shall proceed to cancel promptly all existing orders insofar as such orders are chargeable to this Contract The City of Denton shall submit a statement showing in detail the work performed under this Contract to the date of termination The Board shall then pay the City of Denton promptly that proportion of the prescribed fee which applied to the work actually performed under this Contract, less all payments that have been previously made Thereupon, copies of all completed work accomplished under this Contract shall be delivered to the Board The Board may issue a Stop Work Order to the City of Denton at any time Upon receipt of such order, the City of Denton is to discontinue all work under this Contract and cancel all orders pursuant to the Contract, unless the order directs otherwise If the Board does not issue a Restart Order within 60 days after receipt by the City of Denton of the Stop Work Order, the City of Denton shall regard this Contract terminated in accordance with the foregoing provisions VI NO DEBT AGAINST THE STATE This Contract and Agreement shall not be construed as creating any debt by or on behalf of the State of Texas and for the Texas Water Development Board, and all obligations of the State of Texas are subject to the availability of funds VII LICENSES, PERMITS, AND INSURANCE For the purpose of this Contract, the City of Denton will be considered an independent contractor and therefore solely respon- sible for liability resulting from negligent acts or omissions The City of Denton shall obtain all necessary insurance in the judgment of the City of Denton, to protect itself, the Board, and employees and officials of the Board from liability arising out of the"Contract The City of Denton shall indemnify and hold the Board and the State of Texas harmless, to the extend that the City of Denton may do so in accordance with the State Law, from any and all losses, damages, liability, or claims therefore, on account of personal injury, death, or property damage of any nature whatsoever caused by the City of Denton, arising out of the activities under this Contract The City of Denton shall be solely and entirely responsible for procuring all appropriate licenses and permits which may be required by any competent authority for the City of Denton to perform the subject work PAGE 7 VIII SEVERANCE PROVISION Should any one or more provisions of this Contract be held to be null, void, voidable, or for any reason whatsoever, of no force and effect, such provision(s) shall be construed as severable from the remainder of this Contract and shall not affect the validity of all other provisions of this Contract which shall remain of full force and effect In WITNESS WHEREOF the parties hereto cause this Contract and Agreement to be duly executed in triplicate this day of 1987 TEXAS WATER DEVELOPMENT BOARD BY NbMIR EXECUTIVE�ADMINISTRATOR CITY OF DENTON, ET AL BY ATTEST CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS :" ni*9:1*Gam►{017: APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH CITY ATTORNEY CITY OF DENTON, TEXAS PAGE 8 PLANNING AREA ►..... ... O rrr� Go""' r'Zr 4 PAGE `t ... The •planning Ares' consists of Denton County exoluding the area south and ... "' woof of Denton Creek. (Water ••twice planning for the excluded area In Denton Co. has been &adopted as a responsibility by others.) • I a I :V 190 riAlw,AL _. I �"r�t11i! EXHIBITS CONTRACT BETWEEN THE TEXAS WATER DEVELOPMENT BOARD AND THE CITY OF DENTON, ET AL Exhibit A List of Participating Agencies & Entities with Associated Fees Exhibit B = Contract between Denton County and Espey, Huston and Associates