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HomeMy WebLinkAbout1987-0251678L AN ORDINANCE APPROVIN 0 NO 7 G THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves and authorizes the Mayor and City Secretary to execute and attest, respectively, the agreement between the City of Denton, et al and The Texas Water Development Board, relating to a regional water supply and wastewater services planning study under the terms and conditions being contained in said agreement which is attached hereto and made a part hereof SECTION II That the City Council authorizes the expenditure of funds in the manner and amount as specified in the Agreement SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the.3l",( day of 1987 RAY STE HA S, MAYOR CITY OF DENTON, TEXAS ATTEST J W L LR AC G CI Y SECRETARY CIT F D NTON, TEXAS APPROVED AS TO LhGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY u 1678L THE STATE OF TEXAS S COUNTY OF TRAVIS S TWDB Contract No CONTRACT BETWEEN THE TEXAS WATER DEVELOPMENT BOARD AND THE CITY OF DENTON, ET AL This contract is made and entered into between the Texas Water Development Board, 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, WITNESSbTH 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 15, associated rules of 31 Texas Administrative Code, Chapter 355, 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 Exhibit 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, and 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 organizing 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 Elm Fork watershed of the Trinity River Basin The feasibility study, which is described in more detail in Exhibit 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 1 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) 3 Service from existing entities which may or may not presently provide service within the planning area (i e , Trinity River Authority) E 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 the 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 Exhibit 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 January 7, 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 Percent of the tasks completed 4 Dollar value of the percent of the tasks completed 5 Total tasks completed, indicating the percent of and dollar value of the project completed as reflected in totals of all State Vouchers submitted 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 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 2 A brief description of any problems that have been encountered during the previous reporting period that will affect the study, delay the timely completion of any portion of the contract, or will inhibit the completion of or cause a change in any of the project products or objectives 3 A description of actions the City 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 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 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 compensate 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 2,200 D Expendable Supplies 1,100 E Contract Services* 68,750 F Technical/Computer Services 2,200 G Communications 1,100 H Reproduction 9,350 I Overhead 78,138 J Profit 21,561 TOTAL 250,000 Subcontracts Monthly invoices or vouchers supplied by the Board for work performed shall be submitted for reimbursement 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 service --copies of invoices to the City of Denton showing 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 4 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 (90%) percent of each invoice pending the City of Denton's performance, completion of the report, 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 (10%) 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 supply 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 subcontracted 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 mdy 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 ShVERANCE 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 and of In WITNESS WHEREOF the parties hereto cause this Contract Agxe ment to be duly executed in triplicate this ,.cam ��day laiUljha. 1987 ATTEST CH ALL.N, CITY SEMETA CIT F D NTON, TEXAS TEXAS WATER DEVELOPMENT BOARD E4 CHARLES E NEMIR EXECUTIVE ADMINISTRATOR CITY OF DENTON, ET AL BY 0� RAY ST I NS, 'IAYOR APPROVED AS TO LEGAL FORM DLBRA ADAMI DRAYOVITCH CITY ATTORNEY CITY OF DENTON, TEXAS BY PAGE 8 PLANNING AREA PAGE Y ... The *Planning Area' consists of Denton County excluding the area south ans "' Wool of Denton Creek. (Water gorvieo planning for the exoludod area "q Denton Co. has been accepted as a responsibility by others.) C ;Rol 1:1dol:Iny,v/"biA. kqLlp.gq qij:qv ��. , ACMA MONA gal 1 ME EXHIBIT A PARTICIPATING AGENCIES i tNTITIES WITH ASSOCIATED FEES Bartonville Water Supply Corp. 82000 + (3,720 minus **1,693) x lot) Bartonvilla, Texas, Town of 11000 + (605 x lot) s Carrollton, Texas, City of 85400 + (29034 x 109) Colony, Texas, City of 84000 + (171lSO x 109) Copper Canyon, Texas, Town of 81000 + (866 x 109) Corinth, Texas, City of 82000 x (2600 x 109) * Dallas, Texas, City of (maximum s Denton, Texas, City of 15000 + (63,100 x •10t) 121203 81,08C •7,9g3 85,715 81,084 92,280 coemitment) 140,000 311,310 * Denton, COUNTY OF (maximum commitment) 1100,000 Flower Mound, Texas, Town of (maximum commitment) 951000 84000 + (11,800 x lff) Highland Village, Texas, City of 83,505 83000 + (SOSO x lot) Lake Cities Municipal Utility AuthQr4iE)P[ 834720 83000 + (7200 x lot) * Lewisville, Texas, City of 98,700 15000 + (37,000 x .10tY Little Elm, Texas, Town of 11,115 31000 + (1150 x 109) Ponder, Texas, Town of �1,032 81000 + (325 x 109) Sanger, Texas, Town of 121365 82000 + (3850 x lot) TSW Incorporated Water Company 114081 51000 + (810 x loge) TOTAL 2197,147 * Select Committee Member PARTICIPATION FORMULA: Flat Fee: 0 - 1,000 811000 1,000 - 5,000 12,000 5,0fl0 - 10,000 13,000 10,000 - 25,000 34,000 over 25,000 15,000 Population Fee n addition, each municipality or water supply entity would pay a per capita fee of lot per capita Notes 1) 75opulation 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 D R A F T January 26, 1967 STATE OF TEXAS COUNTY OF DENTON EXHIBIT B ENGINEERING SERVICES AGREEMENT This Agreement is made and entered into this day of 19871 by and between Denton County on behalf of the Participating Agencies' Steering COMMITTEE as listed in Exhibit 8, hereinafter referred to as the "COMMITTEE", and Espey Huston a 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 professi6nal engInearin§ consultant and advisor in connection with a Study to evaluate and make recommendations for prdviding 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 B attached hereto, NOW THEREFORE, COMMITTEE and ENGINEER, for the mutual consideration hereinafter stated, agree and understand as follows Scope of Services for ENGINEER 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 Addit, tal Services If authorized by COMMITTEE, the County of Denton and the 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 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 2 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 3 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 4 Perform such other functions as are indicated in Exhibit A, "Scope of Services" 5 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 8 i, for any reason ESPEY, HU_ ON B ASSOCIATES, INC , is unable to complete its performance called for under the terms of this contract on or before August 31, 19871 and is unable to deliver the final report on or before November 30, 19871 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 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 ENGINEER'S basic services under this Agreement will be considered complete at the earlier of tl) the date when item 5 6 in Scope of morkcis accepted by COMMITTEE or (2) sixty (60) days after the date when the report is submitted -tor 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 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 N airect expenses plus subcontractor costs with the total fee not to exceed/2501000 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 dww► 4y iodependent persons or agents. G Under no circumstances shall any stktament,tor sprvices 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 112,500 for consultation with subcontracted Hutchison, Price, Boyle a Brooks, Inc for legal and First Southwest, Inc for financial services PAGE 4 VI Cost r itrol VII A COMMITTEE'S budgetary requirements and considerations in respect to the STUDY are set forth in Exhibit B 8 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 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 dui) this Agreement without the written consent of the other, except to the extent that any assignment, dubletting or transfer is mandated by law or the effect of this limitation idy be restricted by law Unless spWoifically st*Ud to the contrary in any written consent tb no assignment will release or dischar`gW the assignor from any duty or responsibility under thfllAgriement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent professional" , associates, subcontractors and consultants at ENGINEER may deem appropriate to assist in the performance of services hereunder B 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 D 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 Indesi ication 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 A All notices and communications under this Agreement tc be mailed or delivered to COMMITTE€ 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 bent6A Utility Department 215 E McKinney St Denton, Texas 76201 Lee Walker, County Commissioner, Precinct 3 212 W. fycamore 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 g 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 0 IN Wi AESS WHEREOF, the Partin- hereto have made and executed this Agreement as of the day and year first above written ATTEST (Title) Attest (Title) L ENGINEER ESPEY, HUSTON & ASSOCIATES, INC 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 Purpose of y The purpose of this STUDY is to evaluate and to make recommendaStudtions 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) GrAnt Assistance= The City of Denton, on behalf of Denton County communities 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 - Communications: In order to keep participating entities advised of progress, a Newsletter 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 A PROJECT MANAGER will identify data to be collected and furnished by participating agencies 1 2 Review published reports furnished by the participating agencies. 1 ? 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 i f 1 4 Re 9w additional reports fur shed 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 8 Nichols, June 1462 *Water Supply Study «fateself Lewisville- Shimek, r., Jacobs and Finklea, 192 (ra5) �,r* �• -^ "s'SfatiF ' T4ff C'__X t Irl295 -" Water ��A Utilities, April 19; „ ,1� V *Conditions of Service -fed,, Trtated� Water Wholesale Customers, City of DaIlae�, JanuarA-JIBS " • „P NOTE Tbw above infoQbg $ Rn fife in the Planning 4 Division of Dallas Water Ai q in Room 4AS of Dallas City Hall A; 1 5 Identify other entities- iww" qn, County that have responsibility for providing-fmVw- 'dr wastewater servies 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 Coi jet review session of Pha 1 0 report with Steering Committee r 2 0 Analysis Defining the Dimensions of the Project 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 Most 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 nap) util.istm— Texa$# IAater Wateft"D aiGPei No 14.1oxas Ce i'"o'f GovernmdAtV- Tr i n IV , ...... rtr-r---" ,rw'-awN+•Ne' Mu "Cit Pf ft(."* , exa� ^` Nor xea industwial Commissi�"` 2 3 �Davelop' 19M4 molt'"pFdilii - " iTe`-popL atYoh --w projtctlorAk 'e-f d, ttLe sxupy roam is for incramante • Of "five (5) yeacl.„ uy�0 _ Use North Ceai al Tizas—t6gfcit of ant a as the base Popt3!. Rrojec ton and yppl ant° -with" input from the resOM-St�!$v►ing Mi'tPmnritte -enti+ties and other �.- apppipriaVa.. data 2 4 Estimate futuFeP plly" ital tort umption o W tamer and of wastewater dikhar IL y a + 2 5 Develilp low., mgat 'dr6b402,@� an& F4gh projections for future water demands for average anO peak, draught and normal conditions Pro,jeetioms should1be in increments of five years 2 6 Project low, most probable and high projections for future wasteaatar tr aka aquirempnta for increments of five (5I yGe&rs thr UgM:�'. 2 7 xderttify existir► u reatad water resources available to `serve the study area, determine yield expected to be available to study arse% 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 Est_olish capability and will.ngness 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 agencies for providing water and wastewater services over the next twenty-five (25) years Specific alternatives to be evaluated include, but shall not be limited to the followings 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 wch as utility distracts 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 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 most all or a portion of the project area PAGE 11 u 3 2 To iscuss Item 3 1 above, mE 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 PAGF 12 4 0 Developm c of Infrastructure Plans -- 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 PLANNING AREA PAGE 14- ... The *Pleasing Arose consists of Denton County exoluding the area OOM" •� •" West of Denton Creek. (water service planning for the excluded area ,,w Denton Co. has been accepted as a responsibility by others.) A v I - 1RN k 73■ IF, r Z IN IBM t 1faj � Y T r r. Wig:AQ lit�' EXHIBIT 9— PARTICIPATING AGENCIES R ENTITIES WITH ASSOCIATED FEES Bartonville Water Supply Corp 82000 + (3020 minus **1,693) x loft) Bartonville, Texas, Town of 11000 + (805 x 10[) s Carrollton, Texas, City of I5,000 + (291934 x 109) Colony, Texas, City of 14000 + (17,150 x 109) Copper Canyon, Texas, Town of 81000 + (888 x 10[) Corinth, Texas, City of 12000 x (2600 x .109) s Dallas, Texas, City of (maximum * Denton, Texas, City of 15000 + (63,100 x .109) 12,203 11,080 •7,993 85,715 81,069 l2,280 commitment) 1404CD 211,310 At Denton, COUNTY OF (maximum commitment) 11001000 Flavor Mound, Texas, Town of (maximum commitment) 951000 94000 + (11,600 x 10) Highland Village, Texas, City of 13,505 13000 + (5050 x 10[) Lake Cities Municipal Utility Authority 83020 13000 + (7200 x 109) * Lewisville, Texas, City of 96020 I5000 + (37,200 x 100 Little Elm, Texas, Town of 111115 11000 + (115o x lad) Ponder, Texas, Town of 11103? 11000 + (325 x 109) Sanger, Texas, Town of 824385 12000 + (3650 x loft) TSW Incorporated Eater Company 114081 91000 + (810 x loft) TOTAL s197,147 * Select Committee Member PARTICIPATION FORMULA Flat Feet 0 - 11000 01,000 11000 - 5,o00 121000 510n0 - 10,000 83,000 10,000 - 25,000 24,000 over 25,000 151000 Po ulation Feet N addition, each municipality or water supply entity would pay a per capita fee of loft 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 pert EXHIBIT C ESPEY, HUSTON t 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 136 00 to 170 00 Associate Staff 825 00 to 150.00 Senior Project Staff 820.00 to 845 00 Project Staff 912.00 to 130.00 Technical Support 16 00 to 220 00 Clerical Support 06 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 a Subsistence All travel and subsistence expenses are invoiced at actual cost Cost of mileage on company -owned vehicles is computed at a rate of 28[ per mile Cost for company -owned four wheel drive vehicles is computed at a rate of 28ie per mile plus 525 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 payable "Net 45 days " Late payments will incur a Iate charge of one and one-half fl 5) percent per month from the original date of invoice PAGE 18 EXHIBIT D ENGINEERING SERVICES AGREEMENT The Contract Between the City of Denton and the Texas Water Development Board for Grant Funds TWDB Contract No 55-71028 STATE OF TEXAS Texas Water Development Board and COUNTY OF TRAVIS City of Denton Amendment No 1 This Contract and Agreement, made and entered into the fourth day of Feoruary 1987, is hereby amended as follows The date of termination of TWDB Contract No 55-71028 shall be changed from August 31, 1987, to October 31, 1987, at no additional cost to the Texas Water Development Board All other terms and conditions of TWDB Contract No 55-71028 remain in effect IN WITNESS WHEREOF the parties hereto cause thisContractand Agreement to be duly executed in triplicate this -today of 19f7 TEXAS WATER DEVELOPMENT BOARD By jZ4�Z. MReg inald Arnold I Executive Administrator Date August 19, 1987 CITY OF DENTON By Ray St h ns Mayor Date / TWDB Contract No. 8-483-523 (55-71028) STATE OF TEXAS Texas Water Development Board and COUNTY OF TRAVIS City of Denton Amendment No. 2 This Contract and Agreement, made and entered into the fourth day of February 1987, is hereby amended as follows: The date of termination of 1WDB Contract No. 8-483-523 (55-71028) shall be changed from October 31, 1987, to May 31, 1988, at no additional cost to the Texas Water Development Board. All other terns and conditions of TWDB Contract No. 8-483-523 (55-71028) remain in effect. IN WITNESS WHEREOF the parties hereto cause this Contract and Agreement to be duly executed in triplicate this a?V day of TEXAS WATER DEVELOPMENT BOARD 411 By: M. 1&eg'1rnr*'d3-APncFld II Executive Administrator Date: 7' M'08 CITY OF DENTON By: n Y Ray Ste ns Mayor Date: