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HomeMy WebLinkAboutMarch 26, 2002 Agenda AGENDA CITY OF DENTON CITY COUNCIL March 26, 2002 After determining that a quorum is present, the City Council will convene in a Work Session on Tuesday, March 26, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Receive a report, hold a discussion and give staff direction regarding a professional services agreement with The Mercer Group to perform the services as proposed in RFSP #2790 - A Broad-Based Operational Analysis of the City of Denton Non-Utility Departments. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of March 26, 2002. Following the completion of the Work Session, the Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the fight to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, as set forth below. 1. Closed Meeting: A. Personnel Matters - Under TEXAS GOVERNMENT CODE Section 551.074 Evaluation of Municipal Judge Evaluation of City Attorney Evaluation of City Manager ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION"). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §§551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §§551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, March 26, 2002 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Pledge of Allegiance A. U.S. Flag B. Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible." City of Denton City Council Agenda March 26, 2002 Page 2 PROCLAMATIONS/PRESENTATIONS 2. March Yard-of-the-Month Awards Recognition of staff accomplishments. A. City of Denton Police Department Olympic Security delegates: Dan Conrad, Police Officer Danny Fletcher, Police Officer Don Lane, Police Officer Mike Beutner, Police Sergeant B. Tax Professional Examiners Certification: Carolene Folse, Tax Analyst CITIZEN REPORTS 4. Amy Fuller regarding the City of Denton drainage fee. 5. Gerard Hudspeth regarding citizen concerns with the City. 6. Willie Hudspeth regarding citizen concems with the City. 7. Ross Melton regarding the budget, the elections, Code Enforcement and the City Attorney's office. 8. Dessie Goodson regarding dangerous intersections. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda items 9 - 24). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. if no items are pulled, Consent Agenda items 9 - 24 below will be approved with one motion, if items are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda. Consider approval of the minutes of February 12, 2002, February 15, 2002, February 19, 2002 and March 5, 2002. 10. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a First Amended Professional Services Agreement with Birkhoff, Hendricks & Conway, L.L.P. (formerly Shimek, Jacobs & Finklea, L.L.P), for engineering services pertaining to the construction phase and for materials testing regarding the City of Denton Northwest Service Area Elevated Water Storage Tank; authorizing the expenditure of funds therefor; and providing an effective date. City of Denton City Council Agenda March 26, 2002 Page 3 11. Consider adoption of an ordinance approving an interlocal ambulance agreement between the City of Denton and the City of Northlake for ambulance services; and declaring an effective date. 12. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement in the form of Task Orders No. 02-A and 02-B with R. J. Covington Consulting, LLC, for Regulatory Services and 2002 Transmission Cost of Service and Earnings Report Filings Relating to Overall Restructuring Implementation for Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date. 13. Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for Electrical Energy Transmission fees to those listed cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (Purchase Order 103406 to City Public Service in the amount of $61,692 and Purchase Order 103853 to American Electric Power Service Corp. in the amount of $137,240.25 for a total amount of $198,932.25). 14. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the new solid waste facility; providing for the expenditure of funds therefore; and providing an effective date (Bid 2791 - Solid Waste Facility awarded to Pharlap Construction, Inc. in the amount of $2,610,600). 15. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Overland Partners for Clear Creek Natural Heritage Center as set forth in the contract; and providing m effective date (PSA 2694 - Professional Services Agreement for Clear Creek Natural Heritage Center, for a total amount of $104,700). 16. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Bucher, Willis & Ratliff Corporation, for ITS (Intelligent Transportation System) Deployment Plan as set forth in the contract; and providing an effective date (PSA 2826 - Professional Services Agreement for ITS Deployment Plan to Bucher, Willis & Ratliff Corporation, for a total of $49,694). 17. Consider adoption of an ordinance accepting competitive bids and awarding a series of contracts for the purchase of fleet vehicles; and providing for the expenditure of funds therefore; and providing an effective date (Bid 2781 - Fleet Vehicles awarded to the lowest responsible bidder each item as listed, total expenditure of $412,251.79). 18. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of padmounted switchgears; providing for the expenditure of funds therefore; and providing an effective date (Bid 2796 - Annual Price Agreement for Padmounted Switchgear awarded to Pfiester Supply Co. in the estimated amount of $300,000). City of Denton City Council Agenda March 26, 2002 Page 4 19. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the supply of wood utility poles; and providing for the expenditure of funds therefore; and providing an effective date (Bid 2802 - Wood Utility Poles awarded to Koppers Industries, Inc.). 20. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of one previously owned or demo asphalt paver and one new double drum roller; providing for the expenditure of funds therefore; and providing an effective date (Bid 2803 - Asphalt Paver awarded to the lowest responsible bidder Nichols Machinery Co. in the amount of $103,750 and Double Drum Vibratory Roller awarded to the lowest responsible bidder Dart Equipment Co. in the amount of $39,604). 21. Consider adoption of an ordinance accepting competitive bids and awarding an annual price agreement for the purchase of water meters; providing for the expenditure of funds therefore; and providing an effective date (Bid 2805 - Annual Price Agreement for Water Meters awarded to the lowest responsible bidder of each item as listed). 22. Consider adoption of an ordinance of the City of Denton, Texas, approving an agreement between the City of Denton Parks and Recreation Department and the North Texas Umpire Association; approving the expenditure of funds for the purchase of certified softball officiating services available from only one source in accordance with provisions of State Law exempting such purchases from requirements of competitive bids; and providing an effective date (PO 103533 - North Texas Umpire Association in the amount of $40.00 per game for an estimated award expenditure of $43,000.) 23. Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 1.44 acre tract or parcel of land in fee simple for municipal purposes, including for landscape buffer purposes, such title to be in the name of the City of Denton and said property being located in the G. Walker Survey Abstract Number 1330 in the City of Denton, Denton County Texas; and Being a Part of Allen Estates Mobile Home Park as shown by Plat thereof recorded in Cabinet C. Page 383 of the plat records of Denton County Texas; authorizing the City Manager or his designee to make an offer to purchase the property for its just compensation and if such offer is refused, authorizing the City Attorney, or his designee, to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of landscape buffer, and other municipal purposes and declaring an effective date. 24. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Pipeline Crossing Agreement with Union Pacific Railroad Company for a water pipeline located at Mile Post 716.220, Choctaw Subdivision, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. PUBLIC HEARING 25. Hold a public heating and consider adoption of an ordinance granting approval of a sub- surface use of a portion of the north side of Mack Park for the purpose of utility easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for a utility easement; and providing an effective date. City of Denton City Council Agenda March 26, 2002 Page 5 ITEMS FOR INDIVIDUAL CONSIDERATION 26. Consider approval of a resolution confirming the appointmem of Charles Wiley, by the City Manager, as Police Chief for the City of Denton Police Departmem; and declaring an effective date. 27. Consider approval of an exaction variance of Section 35.20.2 (L) of the Code of Ordinances concerning perimeter paving for Behning Place, located on the northerly side of May Street approximately 92 feet east of Ruddell Street. The Planning and Zoning Commission recommends denial (7-0). (VOl-O031) 28. Consider approval of a resolution authorizing a steering committee of affected cities to retain legal counsel and rate case consultants in the matter of the Statement of Intent by TXU Gas Distribution to change rates; authorizing the cities to intervene in related dockets before the Texas Railroad Commission; and suspending the proposed tariff and schedule of rates of TXU Gas Distribution Company; adopting fundings in the preamble; and providing an effective date. 29. Consider approval of a resolution of the City of Denton, Texas, announcing special called meetings and changing the meeting times of the April 2 and April 9, 2002 City Council meetings; and providing for an effective date. 30. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. 31. Items from the City Manager A. Notification of upcoming meetings and/or conferences B. Clarification of items on the agenda 32. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 33. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Demon, Texas, on the day of ,2002 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CiTY OF DENTON CiTY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CiTY WILL PROVIDE SIGN LANGUAGE iNTERPRETERS FOR THE HEARING IMPAIRED iF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CiTY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CiTY SECRETARY'S OFFICE. Agenda 02-010 Item WS1 3/26/02 AGENDA INFORMATION SHEET AGENDA DATE: March 26, 2002 DEPARTMENT: City Manager's Office CM/DCM/ACM: Michael A. Conduff, City Manager SUBJECT: Receive a report, hold a discussion and give staff direction regarding a professional services agreemem with The Mercer Group to perform the services as proposed in RFSP #2790 - A Broad-Based Operational Analysis of the City of DeNon Non-Utility Departmems. BACKGROUND: In accordance with a Council request, information regarding performance of a managemem study of the City of DeNon was provided at the December 11, 2001 Council Work Session. At that meeting, Council directed staff to prepare a request for services proposal for a broad-based operational analysis of all non-utility city departmems to determine efficiency and effectiveness. The Request for Services Proposal #2790 was prepared and mailed out the last week of December 2001 to approximately twenty firms who had indicated an interest in participating in the process. On January 24, 2002, eight proposals were received for consideration. A Selection Committee consisting of a Council represemative, the city manager, the city attorney, the municipal judge, the four assistant city managers, and the project coordinator reviewed the eight proposals. The Selection Committee ranked the proposals based on the firm's demonstration of their competence and qualifications to perform the service as set forth in the RFSP. The Selection Committee, using the evaluation and selection process set forth in the proposal, interviewed five firms. The Mercer Group emerged as the firm best suited to conduct the services as proposed, and the city emered imo negotiations for a reasonable price for the scope of work. Under separate cover, you have been provided a copy of the proposal from The Mercer Group. The proposal outlines a very detailed examination of each of the city's non-utility departmems. Staff's negotiations with The Mercer Group included a clarification of the scope of work as more of a reconnaissance study to provide the Council with information that would indicate the efficiency and effectiveness of each of the departmems, idemify strengths and weaknesses, idemify priorities and process for making recommended changes along with the fiscal impact of the changes, and recommend appropriate performance measures for tracking recommended improvemems. With this information, The Mercer Group submitted the attached (Attachmem 1) budget proposal with three alternatives. The budget alternatives range from $64,856 to $88,212. Alternatives 2 and 3 significantly reduce the involvemem of the key functional experts and decrease the amount of analysis of the organizational survey. Jim Mercer, President of The Mercer Group, indicates that each alternative will provide the city with a high quality work product. The difference will be in the level of inquiry. Since the request for an operations analysis occurred after the 2001-2002 fiscal year budget was adopted, a funding source will need to be idemified. The options include either a budget amendmem or allocation of costs to each departmem included in the study. As part of the City of Denton Charter, Section 8.08 - Amending the budget states: In case of grave public necessity, emergency expenditures to meet unusual and unforeseen conditions, which could not by diligem thought and attemion have been included in the original budget, may be authorized by the affirmative vote of at least five (5) of the members of the council as an amendmem to the original budget. In every case where such an amendmem is made, a copy of the ordinance adopting the amendmem shall be filed with the city secretary, published in the next issue of the official newspaper of the city, and attached to the budget originally adopted. While a budget amendmem for the operational analysis would not be an emergency requiring immediate attention, it is staff's interpretation that this was an unforeseen request from Council that was not addressed in the budget process. A budget amendment to allocate funding to cover the costs will require approval of an ordinance and will decrease the funds available for future years as previously reported in the Long Range Financial Forecast presemed to the City Council in February of this year. Allocation of the cost of the study to each of the departmems will significantly impact each department's current operating budget. Of particular concern would be the impact to the largest of the general fund departmems, which include Police, Fire, Engineering/Streets/Traffic, Parks and Recreation, and Library. RECOMMENDATIONS: Should the Council direct staff to move forward with the operational analysis, Alternative 1 would be the recommendation. Alternative 1 provides for use of all four of the functional experts and allows each to make one on-site visit to the City of DeNon. With public safety departmems comprising almost 50% of the city's general fund budget, any recommendation provided by the functional expert that could result in increased efficiency and/or effectiveness in these areas has the potemial of providing the city with the quickest return on investmem. Further, staff recommends that the Council approve a budget amendmem to provide funding for the study so as not to impact the currem fiscal year operational budgets of the general fund departments, which could potentially impact the current level of service delivery to our citizens. A budget amendmem will require approval of five Councilmembers. PRIOR ACTION/REVIEW (Council, Boards, Commission): At the City Council Work Session of December 11, 2002, City Council received a report regarding management studies and directed staff to prepare a request for service proposal. FISCAL IMPACT There is currently no provision in the 2001-02 budget to cover the costs associated with the operational analysis. A budget amendment is required to allocate funding to cover such costs. The attached draft ordinance includes a budget amendment allocating a portion of the General Fund balance. This allocation decreases funds available for future years as previously reported in the Long Range Financial Forecast presented to City Council in February 2002. Respectfully submitted: Betty Williams Director of Management & Public Attachments: The Mercer Group Proposal (under separate cover) The Mercer Group Budget Proposal Proposed Budget Amendment Ordinance Proposed Contract Approval Ordinance The Mereer Group, Ine. March 14, 2002 Co~ult~nts To Management VIA FAX: 940-349-8596 Ms. Betty Williams Director of Management & Public Information City el' Denton 215 E. MeKinney Denton, TX 76201 Re: RFSP $$2790 - Broad-Based Organizational Analysis o£ the City of Dcnton's Non-Utility Departments Dear Betty: This is a [bllow-up on our various discussions regarding the budget for the referenced projcct. We are very interested in working with the City of Denton on this project and are offering three alternative budgets on Exhibit A. These three alternatives are our best estimates of how this study can be conducted in the lowest cost manner possible, using senior consultants (which we believe are necessary for a quality study) and keeping our rates, our Wavol and our overhead as Iow as we possibly can. The only other way to lower costs would be to substitute consultants with less experience than those being proposed or to make much more extensive use of written questionnaires than we are proposing. We believe less experienced.consultants and more extensive questionnaires would not produce the results the City is seeking. Based upon our negotiations with the City, ~vc have moved from contemplating a very detailed examination of each o1' the City's non-utility departments to more cfa reconnaissance study which will evaluate the functions of City government at a higher level, identir, ying areas of cost savings or similar improvement opportunity and then focusing on those opportunities in more detaiL. This is consistent with thc manner in which we have conducted similar organizational analyses of other local governments and will produce a high quality work product for your City. We continue to be delighted to have been selected to perform this important assignment for the City of Denton and look forward to working with all oF you on this important assignment. As mentioned in my previous letter of February 27, 2002, all other provisions in the draft contract are acceptable to our firm. ATLANTA . EAST LANSING o PHOENIX · RALEIGH SANTA FE · WACO · WASHINGTON www. mcmcrgroupinc.com Ms. Betty Williams Page Two March 14, 2002 Thank you all again for the opportunity to propose on this important assignment. Please call me at 505-460-9500 if you have questions, require clarification or require revisions, Si ' EXI-HBIT A: THREE PROPOSED ALTERNATIVE BUDGETS FOR CONDUCT OF A BROAD-BASED ORGANIZATIONAL ANALYSIS OF THE CITY OF DENTON'S NON-UTILITY DEPARTMENTS BY THE MERCER GROUP, INC. Based upon our clearer understanding of the scope of work and after reviewing thc budget documents that were provided to us by the City, Thc Mcrccr (]roup, Inc. has developed the following budget alternatives for the proposed project: ~ Alternative 2 Alt~ Total Project Budget $88,212 $74,304 $64,856 Total Consulting Hours 504* 432** 384*** Total Fees $63,920 $54,640 $46,960 Expenses: Organizational Climate Survey/Analysis $5,000 The Mercer Group Overhead 6,392 Administrative Support 700 Travel and Lodging I2,20.0. $2,500 $2,500 5,464 4,696 700 700 11~000 10~000 Total Expenses $24,292 $19,664 $17,896 Based on utilization of senior personnel and usc of three key consultants (Mercer, Egan and Dorityl and four functional exerts in Finance (Lazar), Public Works ($ensen),'Police (Former Chief in Tempe, AZ) and Fire (Chief in F.~t Point, GA). All functional experts would make one on-site visit each to the City of Denton. Ail hourly rates reflect a $$ reduction in rates ]'rom our normal rates. Same consultant use as above except that only Police and Public Works functional experts would make an on-site visit to the City of Denton. Mercer, Egan and Dority would review Financial and Fire issues and would review drai~ findings and reports with thc functional experts in these areas before presenting them to the City. This alternative also reduces the Organizational Climate Survey Analy~es by $2,500, travel by $1200, TM(] Overhead by $928. Same consultant usc as above except that Mercer and Dority's hours are r~duccd significantly, all hourly rates are reduced an additional $$ per hour, and only Police functional expert would make a one-day on-site visit to the City of Denton. This alternative also reduces travel by an additional $1,000 and reduces TMG Overhead by an additional $768. S:\Our Docmments\Ordinances\02hMercer PSA.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE MERCER GROUP, INC. FOR A BROAD BASED ORGANIZATIONAL ANALYSIS OF THE CITY'S NON-UTILITY DEPARTMENTS; DECLARING AN EMERGENCY AND AMENDING THE 2001-2002 BUDGET TO ALLOW FUNDING OF THIS ANALYSIS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to engage the firm of The Mercer Group, inc. ("Mercer"), to provide professional comprehensive managemem, financial, and related services pertaining to a broad based comprehensive organizational and operational study of the City's non-utility departmems; and WHEREAS, since the adoption of the 2001-2002 Budget, the City Council has determined that there is a substantial need for the abov~described professional services; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and WHEREAS, the City Council has determined through evaluations of various proposals in response to RFSP #2790 that Mercer is the best qualified firm to provide these professional services; and WHEREAS, the City Council has not provided in the 2001-2002 Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in the Professional Services Agreemem and the need for these services was reasonably unforeseen and creates a grave public necessity that emergercy expenditures be provided through a budget amendment so that this analysis is funded to assure that all nol~utility departments are operating in an effective and cost efficient manner; and WHEREAS, Section 8.08 of the DeNon City Charter provides that in case of a grave public necessity emergency expenditures to meet unusual and unforeseen conditions, which could not by diligent thought and attemion have been included in the original budget, may be authorized by an affirmative rate of at least five of the members of City Council as an amendment to the original 2001-2002 Budget; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute a Professional Services Agreemem with Mercer, for professional comprehensive management, financial and related services pertaining to a broad based comprehensive organizational and operational study of the City's non-utility departmems, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference. S:\Our D ocmm ent s\Or din an ces\02hMer cer PSA.doc SECTION 2. That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of Mercer and the ability of Mercer to perform the professional services needed by the City for a fair and reasonable price. SECTION 3. That the City Council finds that the fact that the need for this study was not and could not have reasonably been foreseen by diligent thought and attention and have been included in the 2001-2002 Budget at the time of the adoption of the budget and is needed to make sure the City's non-utility departments are operating in an efficient and cost effective manner, creates a grave public necessity which requires emergency expendittres to fund the broad based organizational study and, therefore, the 2001-2002 Budget is hereby amended, as follows: SECTION 4. That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION 5. That the City Secretary is directed to attach a copy of this ordinance to the original 2001-2002 Budget and cause this amendment to be published once in the Denton Record-Chronicle. SECTION 6. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 S:\Ouz Docmments\Uontracrs\02hMercer Contract. doc PROFESSIONAL SERVICES AGREEMENT FOR RFSP #2790 - BROAD-BASED OPERATIONAL ANALYSIS OF CITY OF DENTON NON-UTILITY DEPARTMENTS STATE OF TEXAS COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the day of , 2002, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and The Mercer Group, Inc., a corporation authorized to do business in Texas, with its corporate office at 551 I44. Cordova Road, Suite 726, Santa Fe, New Mexico 87501, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenmts and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the servi0es herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein me in connection with the following described project: The Project shall include, without limitation, ARTICLE 2 SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner: The CONSULTANT shall perform all those services as necessary and as described in the OWNER's RFSP #2790 - Broad-Based Organizational Analysis of City of Denton Non- Utility Departments, which is attached hereto and made a part hereof as Exhibit "A" as if written word for word herein. To perform all those services set forth in CONSULTANT's proposal dated January 24, 2002, which proposal is attached hereto and made a part hereof as Exhibit "B" as if written word for word herein. CONSULTANT shall perform all those services set forth in individual task orders which shall be attached to this Agreement and made a part hereof for all purposes as separate agreements and shall perform all those services, studies, interviews with City officials managers, and surveys set forth in CONSULTANT's Work Plan and Sdaedule which is attached hereto as a part of Exhibit B. CONSULTANT shall present ten (t0) copies of a draft report and review the report with the Project Steering Committee. After the review of the draft report, CONSULTANT shall prepare and present ten (t0) copies of their final report to the City Council. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. ARTICLE 3 PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period of sixteen weeks as set forth in the Project Schedule contained in Exhibit B for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting tlrough its City Manager or his designee. ARTICLE 4 COMPENSATION A. COMPENSATION TERMS: "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of professional managerial efficiency and operations studies and support. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, ard similar incidental expenses in connection with that assignment. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit "C" which is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non-labor expenses not to exceed Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee; however, under no circumstances shall any monthly statement for services Page 2 exceed the value of the work performed at the time a statement is rendered. The OWNER may withhold the final five percent (5%) of the contract amount until completion of the Project. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said sixtieth (60h) day, and, in addition, the CONSULTANT may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article 4, "Compensation." ARTICLE 5 OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE 6 OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to his Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project. Page 3 ARTICLE 7 INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE 8 INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and agahst any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a lhbility to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 9 INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do busines in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carders of at least an A- or above: Comprehensive General Liability insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. Automobile Liability insurance with bodily injury limits of not less than $5)0,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability insurance with limits of not less than $100,000 for each accident. D. Professional Liability insurance with limits of not less than $1,000,000 annual aggregate. Page 4 The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages. The insurance policies shall name the OWNER as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 10 ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle ~ny disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval. ARTICLE 11 TERMINATION OF AGREEMENT Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days advance written notice to the other party. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) mitten notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article 4 "Compensation." Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall mm over all documents prepared or furnished b~ CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. Page 5 ARTICLE 12 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be de~yned a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE 13 NOTICES All notices, communications, and reports required or permitted under his Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be d~emed communicated as of three (3) days after mailing: To CONSULTANT: To OWNER: Jim Mercer The Mercer Group, Inc 551 W. Cordova Road, Ste 726 Santa Fe, NM 87501 City of Denton Michael A. Conduff, City Manager 215 East McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. ARTICLE 14 ENTIRE AGREEMENT This Agreement, consisting of 9 pages and 3 exhibits, constitutes the complee and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior or contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 15 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. Page 6 ARTICLE 16 COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work coverd hereunder as they may now read or hereinafter be amended. ARTICLE 17 DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, nationalorigin or ancestry, age, or physical handicap. ARTICLE 18 PERSONNEL The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE 19 ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER. ARTICLE 20 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions ofthis section will not be waived unless as set forth herein. Page 7 ARTICLE 21 MISCELLANEOUS The following exhibits are attached to and made a part of this Agreement: Exhibit A. OWNER's RFSP #2790 - Broad-Based Organizational Analysis of City of Denton Non-Utility Departments, Exhibit B. CONSULTANT's proposal dated January 24, 2002, including Work Plan and Schedule, Exhibit C. Cost Estimate Detail. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hoursto all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. For the purpose of this Agreement, the key persons who will perform most of the wok hereunder shall be James L. Mercer, Stephen D. Egan, Jr., John Harrison, Tom Dority, and Jan Lazar. However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under thisAgreement. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. Page 8 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the day of , 2002. CITY OF DENTON, TEXAS MICHAEL A. CONDUFF CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: CONSULTANT, THE MERCER GROUP BY: JAMES L. MERCER, PRESIDENT WITNESS: BY: Page 9 Agenda 02-010 Item 9 3/26/02 CITY OF DENTON CITY COUNCIL MINUTES February 12, 2002 After determining that a quorum was present, the City Council convened in a Special Called Session on Tuesday, February 12, 2002 at 4:30 p.m. in the Council Work Session Room in City Hall. PRESENT: Mayor Brock, Mayor Pro Tem Beasley; Council Members Burroughs, Fulton, McNeill, Phillips and Redmon. ABSENT: None 1. The Council considered approval of a resolution of the City Council of the City of Denton, Texas, authorizing the City Manager, as Denton's authorized representative, to file a project application with the North Central Texas Council of Governments ("NCTCOG") for a regional solid waste program local project; authorizing the City Manager, or his designee, to act on behalf of the City of Denton in all matters related to the application; and pledging that if a project is received, the City of Denton will comply with the project requirements of the NCTCOG, the Texas Natural Resource Conservation Commission and the State of Texas; and providing an effective date. Jon Fortune, Assistant City Manager of Public Safety & Transportation Operations, stated that this application was for funding of a Community Clean-Up and Education Program. This project would enhance the illegal Dumping and Litter Abatement Program already in place. The following resolution was considered: R2002-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS ("NCTCOG") FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON iN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED, THE CITY OF DENTON WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AND THE STATE OF TEXAS; AND PROViDiNG AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion approved 6-0. Following the completion of the Special Called Session, the Council convened into a Planning Session and considered the following: 1. The Council received a report, held a discussion, and gave staff direction regarding a multi-year financial forecast. City of Denton City Council Agenda February 12, 2002 Page 2 Mike Conduff, City Manager, stated that in an effort to provide the Council a budget that was very clear and concise, staff needed to know what the Council wanted to accomplish and anything they knew of that was off-limits, e.g. a 15-cent tax increase. Kathy DuBose, Assistant City Manager of Fiscal & Municipal Services, stated that for Fiscal year 2001-02 the budget was about $341 million, which included $244 million for Utilities, $9.5 million for Debt Service, $59 million for General Fund, $24 million for Internal Service, and $4.5 million for Other Services. DuBose stated that there were several different sources of revenue for the General Fund. Property taxes were about 18% of total revenues. Sales tax was another revenue source that made up about 28% of total revenues. Ad valorem taxes made up about 18% of total revenues. DuBose said that some of the Assumptions used in putting together the forecasts were Revenues, Expenditures, and the Capital Improvement Program (CIP). The forecast was for 5 years. She stated that Revenues included no tax rate increase; property tax values at 9%, 12%, and 6% average growth; and a sales tax increase of 5%. DuBose stated that Expenditures included no new positions for the next five years except for CIP related positions; no increases for city staff for the next 2 years; health insurance increases of 20% for year 1, 15% for year 2, and 10% for years 3-5. DuBose stated that the CIP included a delay of one year on the Emily Fowler Renovation, the Civic Center Renovation, and 377 Alternate Project. DuBose presented five-year financial forecasts with 9% average growth, 12% average growth, and 6% average growth. DuBose stated that the General Fund departments consisted of Police, Fire, Engineering/Streets/Traffic, Parks, Library, Utility Supported, Municipal Court, Economic Development, Facilities Management, Legal, General Government, Fiscal & Municipal Services, Planning, and Human Resources. Council Member Fulton arrived at the meeting. Council Member Redmon asked for a chart showing the increase in the number of employees versus population for the last several years. Dubose stated the service area had increased also. Dubose stated that Unfunded Needs included Compensation for Years 1 and 2, New Positions Related to Growth, Street Maintenance Increase, Public Safety Training, and Public Facilities. Council Member McNeill stated that a public safety training facility was a possible revenue generator as there was potential for Denton to be a center for other cities to come to for training. 2. New Business The following items of New Business were suggested by Council for future agendas or for information from the City Manager. City of Denton City Council Agenda February 12, 2002 Page 3 Council Member Phillips stated that at the next meeting he would like to revisit the rezoning on the Gamble's property, the group located on N. Bonnie Brae, and the property located at the north point of the Rayzor property. Mayor Brock requested an evaluation and report on the Sister Cities program for a future work session. Mayor Brock requested a TMPA update. Council Member Redmon requested an update on the Management Study. Council Member Phillips wanted to know when the recycling bid would come up for consideration. Council Member Fulton requested a breakdown on ethnic applications for the Fire Department. Council Member Fulton indicated that the North Texas Daily had printed in heir article regarding the Code that it was effective in January 2003. With no further business, the meeting was adjourned at 6:16 p.m. EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 15, 2002 After determining that a quorum was present, the City Council convened in a Planning Session of the City of Denton City Council on Friday, February 15, 2002 at 8:30 a.m. in the Council Work Session Room in City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Beasley, Council Members Fulton, McNeill, Phillips, Redmon ABSENT: Council Member Burroughs 1. The Council received a report, held a discussion, and gave staff direction regarding a multi-year financial forecast, municipal operations funding, budget process, and capital items. Mike Conduff, City Manager, led the Council in some teambuilding techniques. Kathy DuBose, Assistant City Manager of Fiscal and Municipal Services, stated that the City had to show sales tax in the months the consumer paid it. She stated that the actual sales tax for September 2001 was received in November 2001 so the budget had been reallocated based on the actual sales tax figures. DuBose stated that the Council had raised questions regarding growth at the meeting Tuesday night. She provided the Council with a chart showing the growth in water meter installations over the last ten years. The Council also received a growth comparison for the last ten years, which showed the changes in population, service area, and positions within the City of Denton. The overall increase in employees was 203 people over twelve years with 60% being public safety employees. DuBose passed out a listing of new programs implemented from 1990-2002. She provided information regarding the impact of the last one-cent tax increase from the 2000 bond election. DuBose stated that one thing the bond rating companies looked at was that ongoing revenues supported ongoing expenditures. Mayor Pro Tem Beasley asked for actual population figures. Dave Hill, Assistant City Manager of Development Services, stated that in 1990 the population was 66,270 and the estimate for 2002 was 87,227. Council Member McNeill asked for the actual number of employees in 1990 and current. DuBose stated there were 468 General Fund employees in 1990 and currently 691 General Fund employees. DuBose stated that the largest department was the Police Department and presented Performance Measurements for the Police Department based on ICMA standards. DuBose stated that the second largest department was the Fire Department and presented Standards based on ICMA standards. Council Member McNeill requested salary information for the Fire Department. City of Denton City Council Minutes February 15, 2002 Page 2 DuBose stated that the third largest department was Streets/Engineering and presented standards for that department. The Council asked whether it was feasible to use brick pavers versus asphalt. Jim Coulter, Director of Water/Wastewater Utilities, stated that the maintenance costs for pavers would be astronomical compared to asphalt. DuBose presented standards for the next major department, which was the Parks Department. Council Member McNeill asked if the City made any money from the athletic fields. Ed Hodney, Director of Parks and Recreation, stated that for youth facilities, they collected a nominal fee per child for the season. The nonresident fee was a little more. Adults paid for facilities each time they were used. DuBose presented standards for the next largest department, which was the Library. Mike Conduff, City Manager, asked the Council if there was only one thing that they could make sure was in next year's budget what would that be? Mayor Pro Tem Beasley stated that she would like to see some amount of increase in compensation in years 1 and 2 for employees. Council Member Fulton stated that if money was tight she would like to see them start from the bottom up in compensating employees. Council Member Fulton stated she would like to see more money for streets. Mayor Brock stated economic development strategies were important. Council Member Redmon stated the management study was important. Council Member Phillips stated that the Public Safety employees should be compensated and adequate training opportunities provided. Mayor Pro Tem Beasley stated that she would also like to see the City continue with the CIP projects. Conduff asked the Council if there were any revenue sources that the Council would not consider. Mayor Brock stated there was no need for staff to look at a 4A sales tax for economic development. Council Member McNeill stated he did not want to see any ad valorem increases. [On the Edge of the Table] Council Member Fulton stated that hopefully the City would continue to grow so that would not be an issue. City of Denton City Council Minutes February 15, 2002 Page 3 Conduff stated that the total tax levy was $.54815 per hundred dollar valuation and $.31948 percent went to support the General Fund and $.2287 percent went to pay off debt. Conduff asked if there was anything the Council would be willing to give up [Off the Table]. Mayor Pro Tem Beasley stated that she did not want to see city services cut. Council Member McNeill suggested working smarter? Conduff stated that if the City continued to grow at the current pace and the Council wanted to maintain the status quo, they might want to look at new sources of revenue or eliminating some services that the City currently provided. Conduff asked what alternative sources of revenue they would be willing to consider. Mayor Pro Tem Beasley suggested a 4B sales tax. Council Member Fulton suggested a street sales tax at lA cent for four years would generate $2.7 million. Mayor Brock suggested a crime district sales tax. Conduff asked of the alternative sources were there any that the Council wanted to start discussing. Mayor Pro Tem Beasley stated they could not commit to anything until they knew what the Denton County Transportation Authority was going to do. Jon Fortune, Assistant City Manager of Public Safety & Transportation Operations, stated the Council should know by June what the DCTA was going to do. Conduff wanted to know if the Council wanted staff to provide them with any information that would help them make that decision. Mayor Brock stated it would be good to have whatever information was available to help them make an informed decision. The consensus of the Council was that staff should provide the Council information regarding alternative revenue sources. 2. New Business The Council did not suggest any items for future agendas. With no further business, the meeting was adjourned at 11:15 a.m. JANE RICHARDSON, ASST.CITY SECRETARY CITY OF DENTON, TEXAS EULINE BROCK, MAYOR CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 19, 2002 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, February 19, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street. PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, McNeill, Phillips, and Redmon. ABSENT: Council Member Fulton 1. The Council received a report and held a discussion regarding the results of the citizen survey. Robert Hanna, Management Assistant, presented the background on the beginning of the survey. The survey was a telephone survey with 401 full responses. Raymond Turko, consultant, reviewed the statistics of the survey and how the survey was constructed. He felt the survey was very positive and that 9 out of 10 surveyed were satisfied with the quality life in Denton. He reviewed the key findings as listed in the Executive Summary. This survey would serve as the benchmark for future surveys and a comparison of the findings. 2. The Council received a report, held, a discussion, and gave staff direction regarding a progress report for the Denton County Transportation Authority. Jon Fortune, Assistant City Manager for Public Safety, stated that Joe Roy would be making a presentation to Council regarding the progress on the Denton County Transportation Authority. Joe Roy presented an outline on the development of the Committee. 3. The Council discussed and gave staff direction concerning the adoption of an ordinance of the City of Denton, Texas, prescribing regulations regarding notice to be provided the City and its residents of a gas utility's statement of intent to increase rates; providing certain procedures for publication of notice of a statement of intent to increase rates; providing that this ordinance is cumulative; providing a severability clause; and providing an effective date. Mayor Brock left the meeting with a potential conflict of interest. Herb Prouty, City Attorney, previewed the provisions of the ordinance that would require a gas utility that wanted to file for a rate increase to publish the notice of the rate increase in large type in a conspicuous place in a local newspaper. The ad would have to contain notice of certain requirements. Other requirements for the gas company were noted in the ordinance and agenda materials. Steve Taylor, TXU, stated that the information requested in the ordinance was available in the discovery process and that TXU would be appealing the ordinance to the Railroad Commission. Consensus of the Council was do further research on the requirements of the ad and bring the ordinance forward at the March 5th meeting. City of Denton City Council Minutes February 19, 2002 Page 2 Mayor Brock returned to the meeting. 4. The Council requested clarification of consent agenda items listed on the consent agenda for the City Council regular meeting of February 19, 2002. Council Member McNeill requested the following correction of the minutes: The 2nd page of the January 15, 2002 minutes should state that the Council agreed to allow accessory building units in the code with an SUP. Item #14 in the minutes needed a wording change from "could" to "should". Council asked for clarification of several items listed in the Consent Agenda. Following the completion of the Work Session, the Council convened in a Closed Meeting. 1. Council considered the Following in Closed Meeting: A. Personnel Matters - Under TEXAS GOVERNMENT CODE Section 551.074 Evaluation of Municipal Judge Evaluation of City Attorney Evaluation of City Manager Deliberations regarding certain public power utilities competitive matters --- Under TEXAS GOVERNMENT CODE Section 551.086; Consultation with Attorneys --- Under TEXAS GOVERNMENT CODE Section 551.071. Received confidential competitive public power business and financial information and data by Staff relating to expansion issues, scenarios, and acquisition of infrastructure regarding Denton Municipal Electric ("DME"); consultation with the City's attorneys regarding these matters; and discuss, deliberate, consider, and provide Staff with direction regarding such matters. Regular Meeting of the City of Denton City Council on Tuesday, February 19, 2002 at 6:30 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, McNeill, Phillips, and Redmon. ABSENT: Council Member Fulton 1. Pledge of Allegiance The Council and members of the City Council recited the Pledge of Allegiance to the U.S. and Texas flags. City of Denton City Council Minutes February 19, 2002 Page 3 PROCLAMATIONS/PRESENTATIONS 2. Mayor Brock presented a proclamation for Severe Weather Awareness Week. 3. Mayor Brock presented the February Yard-of-the-Month Awards to: Jim and Vicky Wilson David and Katy Dawson Mr. And Mrs. Hiram Friedsom Joyce and Tom Edmundson Ann Davis Frenchy and Teri Rheault Don and Patricia Beck 4. Recognition of staff accomplishments. City Manager Conduff presented various City staff accomplish. CITIZEN REPORTS 5. Gerard Hudspeth regarding Council procedure for citizen reports. Mr. Hudspeth presented a video regarding a staff recommendation for the Denton Housing Authority proposal for senior housing in southeast Denton. 6. Willie Hudspeth regarding Council procedure for citizen reports. Mr. Hudspeth stated that he was disappointed about certain actions done by the Council on proposed senior housing by the Denton Housing Authority. He would continue to speak to the Council regarding the way in which the Denton Housing Authority was allowed to build the housing in a neighborhood community. 7. Petemia Washington regarding issues with the Parks and Recreation Department. Ms. Washington felt that the Martin Luther King, Jr. Recreation Center had a policy that was discriminatory to African-American children. Her impression was that children who pay for the program had a right to dunk at the basketball goals and that children who did not pay for the programs could not dunk at the basketball goals. Those children who could not pay were mainly African-American children. 8. Nell Yeldell regarding two issues dealing with Denton Housing Section 8 and the high cost of flood (plain) insurance. Ms. Yeldell stated that she was having problems with Section 8 housing requirements. She indicated that she was a licensed facility but Section 8 would not allow an individual to reside in her home under the regulations. The cost of flood plain insurance was way too high and she could not continue to pay such a high cost. City of Denton City Council Minutes February 19, 2002 Page 4 9. Ross Melton, Jr. regarding the budget and code enforcement. Mr. Melton was not present at the meeting. CONSENT AGENDA Redmon motioned, Beasley seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the revisions to the minutes as noted in the Work Session and to pull Item #28. 10. Approved the minutes of January 15, 2002. 11. Approved a request for an exception to the noise ordinance for the purpose of an outdoor music festival known as the Mark Fearing benefit concert scheduled for Sunday, March 3, 2002 during the hours of 1 p.m. to 7 p.m. at the North Texas State Fair Grounds. Specifically, the request is for an exception to the hours of operation. 12. NO. 2002-042 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO SECTION 20-1.5(A)(2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM; AND SETTING AN EFFECTIVE DATE. (DENTON ARTS & JAZZ FESTIVAL) 13. NO. 2002-043 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORiZiNG THE MAYOR TO EXECUTE AN iNTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE COUNTY OF DENTON, TEXAS PERTAINING TO THE MAINTENANCE RESPONSIBILITIES OF THE CITY REGARDING CERTA1N COUNTY ROADS ADJACENT TO THE CITY'S LAKE RAY ROBERTS WATER TREATMENT PLANT; AUTHORiZiNG THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 14. NO. 2002-044 AN ORDINANCE APPROVING AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND US FLIGHT ACADEMY FOR USE OF A PORTION OF THE DENTON MUNICIPAL AIRPORT FOR COMMERCIAL HANGAR/OFFICE AND RELATED SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. 15. NO. 2002-045 AN ORDINANCE DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF CITY OF DENTON GENERAL OBLIGATION BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes February 19, 2002 Page 5 16. NO. 2002-046 AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON AND PROViDiNG FOR AN EFFECTIVE DATE. 17. NO. 2002-047 AN ORDINANCE AUTHORIZING THE FINANCING FOR THREE REFUSE TRUCKS, THREE DUMP TRUCKS, A LANDFILL COMPACTOR, A RUBBER TIRE WHEEL LOADER AND A STREET SWEEPER WITH GOVERNMENT CAPITAL CORPORATION THROUGH A LEASE/PURCHASE FINANCING AGREEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTiVE DATE (FILE 2807 - 2002 EQUIPMENT LEASE PURCHASE AGREEMENT, APPROXIMATE FINANCE CHARGES $96,797) 18. NO. 2002-048 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF A STREET SWEEPER BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 2808 iNTERLOCAL AGREEMENT - PURCHASE ORDER TO H, GAC IN THE AMOUNT OF $138,034.19). 19. NO. 2002-049 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE ANNUAL PAYMENT OF THE RAY ROBERTS LAKE OPERATION AND MAINTENANCE EXPENSE; AND PROVIDING AN EFFECTIVE DATE (CHECK REQUEST DATED 1-23-02 TO FINANCE AND ACCOUNTING BRANCH, USAED, FT. WORTH iN THE AMOUNT OF $37,438.06). 20. NO. 2002-050 AN ORDINANCE OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT FOR DESIGN/BUILD SERVICES FOR THE CONSTRUCTION OF AN AIR TRAFFIC CONTROL TOWER BETWEEN THE CITY OF DENTON AND WAYNE ALLEN CONSTRUCTION INC.; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (RFP 2758 - DESiGN/BUILD OF AIR TRAFFIC CONTROL TOWER, IN THE AMOUNT OF $1,015,421.00 AWARDED TO WAYNE ALLEN CONSTRUCTION, INC.) City of Denton City Council Minutes February 19, 2002 Page 6 21. NO. 2002-051 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF SITE WORK, FOUNDATION, GROUND GRID, CONDUIT SYSTEM AND FENCING FOR THE iNDUSTRLAL SUBSTATION; PROVIDING FOR THE EXPENDITURES OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BiD 2795 - INDUSTRIAL SUBSTATION SITE WORK, AWARDED TO CAN-FER CONSTRUCTION COMPANY, IN THE AMOUNT OF $259,900) 22. NO. 2002-052 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF THREE RIDING MOWERS BY WAY OF AN iNTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (iNTERLOCAL AGREEMENT - PURCHASE ORDER 103110 TO H, GAC IN THE AMOUNT OF $47,730.91). 23. NO. 2002-053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING PAYMENT FOR THE REPAIR OF THE IRRIGATION SYSTEM iN THE LANDFILL BUFFER ZONE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTiVE DATE (PURCHASE ORDER 103208 - DENTEX LAWN SPRINKLER COMPANY IN THE AMOUNT OF $36,492). 24. NO. 2002-054 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE INSTALLATION OF CHAIN LINK FENCE AND GATES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2780 - CHAIN LINK FENCE AND GATES, AWARDED TO HURRICANE FENCE CO. IN THE ESTIMATED AMOUNT OF $75,000). 25. NO. 2002-055 AN ORDINANCE OF THE CITY COUNCIL OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A ONE-YEAR EXTENSION TO THE DEPOSITORY SERVICES CONTRACT WITH TEXAS BANK; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes February 19, 2002 Page 7 26. NO. R2002-006 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE UNIVERSITY OF NORTH TEXAS TO ENABLE AN EXCHANGE OF RIGHT-OF-WAY TO ALLOW THE ABANDONMENT OF EDWARDS STREET BETWEEN AVENUE D AND AVENUE E, AND THE REROUTING OF CHESTNUT STREET TO ACCOMMODATE THE CONSTRUCTION OF A NEW STUDENT RECREATION CENTER; AND DECLARING AN EFFECTIVE DATE THEREOF. 27. NO. 2002-056 AN ORDINANCE ABANDONING AND VACATING THE RIGHT-OF-WAY OF EDWARDS STREET BETWEEN AVENUE E AND AVENUE D AND VACATING THE RIGHT-OF-WAY FOR THE PARTIAL ABANDONMENT AND REROUTING OF CHESTNUT STREET BETWEEN AVENUE E AND AVENUE D TO ACCOMMODATE THE CONSTRUCTION OF A NEW STUDENT RECREATION CENTER AT THE UNIVERSITY OF NORTH TEXAS; AND DECLARING AN EFFECTIVE DATE THEREOF. 28. This item was not considered. 29. NO. 2002-057 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR THE ADOPTION OF THE INTERNATIONAL FIRE CODE, 2000 EDITION; PROVIDING FOR AMENDMENTS THERETO; RE-ESTABLISHING PERMIT FEES; PROVIDING FOR A PENALTY iN THE AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; REPEALING FIRE LANE ORDINANCE NO. 87-168; PROVIDING FOR A SEVERABILITY CLAUSE REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 30. NO. 2002-058 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A BILL OF SALE AND SALES AGREEMENT BY AND BETWEEN CITY OF DENTON, TEXAS, AS PURCHASER, AND DENTON COUNTY ELECTRIC COOPERATIVE, INC. D/B/A COSERV ELECTRIC, AS SELLER, FOR ACQUISITION OF ELECTRIC INFRASTRUCTURE IMPROVEMENTS TO THE VINTAGE, A DEVELOPMENT WITHIN THE CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR UPON EXPRESS CONDITION; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes February 19, 2002 Page 8 31. NO. 2002-059 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER FOUR TO THE CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND ARCHER WESTERN CONTRACTORS, LTD.; PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK AND AN INCREASE IN PAYMENT AMOUNT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (ORDINANCE NO. 2001-192; BiD NO. 2612 - LAKE RAY ROBERTS 20 MGD WATER TREATMENT PLANT AWARDED TO ARCHER WESTERN CONTRACTORS, LTD. IN THE AMOUNT OF $35,785,257; PLUS CHANGE ORDER NUMBER FOUR IN THE AMOUNT NOT TO EXCEED $1,006,626.31; FOR INSTALLATION OF RAW WATER SUPPLY PIPELINES AND RELATED FACILITIES THERETO FOR A TOTAL REVISED CONTRACT AMOUNT OF $36,791,883.31). ITEMS FOR INDIVIDUAL CONSIDERATION Mayor Brock left the meeting with a conflict of interest. 32. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for Electrical Energy Transmission fees to those listed cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (PO 102964 to TXU Electric Transmission Div., and PO 102963 to City Public Services, in the total amount of $85,847). The following ordinance was considered: NO. 2002-060 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", McNeill "aye", Phillips "aye", and Redmon "aye". Motion carded unanimously. Mayor Brock returned to the meeting. 33. The Council received Certification of a Recall Petition from the City Secretary and gave staff direction. Jennifer Walters, City Secretary, stated that she had reviewed the elements of the petition that were required by the City Charter, found the petition to be sufficient and certified that the petition was in compliance with the provisions of the City Charter. City of Denton City Council Minutes February 19, 2002 Page 9 The following individuals presented Speaker Cards on this item: Catherine Bell, 612 Park Lane, Denton, 76205 Charlye Heggins, 422 Audra Lane, Apt. A, Denton, 76209 Patricia Adams, 1710 Westminster, Denton Carl G. Young, 321 E. Mill, Denton, 76205 Billy Redmon, 1125 Morse, Denton, 76205 Willie Hudspeth, no address given Petemia Washington, 618 East Prairie, Denton, 76205 34. Council considered nominations and appointments to the City's Boards and Commissions. Mayor Pro Tem Beasley withdrew her nomination to the Community Development Advisory Board as the individual did not live in the City limits. McNeill motioned, Burroughs seconded to approve the nomination of Will Taylor to the Community Development Advisory Board. On roll vote, Beasley "aye", Burroughs "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded tmanimously. 35. New Business The following items of New Business were suggested by Council for future agendas: A. Council Member Burroughs asked for a review of the constitutionality of the Charter recall provisions. B. Council Member Phillips suggested the formation of a citizen review committee to review the Development Code on a quarterly basis. C. Council Member Redmon asked for a review of the smoking outside City Hall. D. Council Member McNeill requested information on the procedures for a recall petition. 36. Items from the City Manager City Manager Conduff did not have any items for the Council. 37. The Council continued their Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 38. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned. JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS EULINE BROCK, MAYOR CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES March 5, 2002 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, March 5, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street. P~S~T: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Fulton, McNeill, Phillips, and Redmon. ABSENT: None 1. The Council submitted requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of March 5, 2002. Council requests for clarification on Consent Agenda items were answered by staff. Following the completion of the Work Session, the Council convened into a Closed Meeting. 1. The following items were considered in Closed Meeting: Deliberations Regarding Certain Public Power Utilities: Competitive Matters --- Under TEX. GOV'T. CODE Section 551.086. Received competitive electric and commercial information from one of the City's Texas Municipal Power Agency ("TMPA") Board Members and/or City Staff pertaining to certain matters respecting present and future maintenance issues, Financial issues, operational issues, legal and compliance issues, and other related issues and strategies conceming the City's interest in, and its business relationship with TMPA; and discuss, deliberate, consider, and provide such TMPA Board Member and/or Staff with direction regarding such matters. Regular Meeting of the City of Denton City Council on Tuesday, March 5, 2002 at 5:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street. 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. PROCLAMATIONS/PRESENTATIONS 2. Kevin Charles, on behalf of the National Arbor Day Foundation, presented the Council with the Tree City USA Award. Mayor Brock presented the following proclamations: A. Denton Redbud Festival Day B. American Red Cross Month C. National Athletic Training Month City of Denton City Council Minutes March 5, 2002 Page 2 4. Resolution of Appreciation Stalder. The Council considered approval of a resolution of appreciation for Robert D. Phillips motioned, Redmon seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. Jon Fortune, Assistant City Manager for Public Safety, presented a plaque of appreciation to Mr. Stalder. 5. City Manager Conduff recognized the following staff accomplishments: Rodney Smith - 2nd place in Applications at the North Texas GIS Conference Phil Nguyen - 3rd place in Most Informative Map at NT GIS Conference Cheng Zheng- GIS Manager CITIZEN REPORTS 6. Ed Soph regarding formation of a Citizen's Oversight Committee for the Denton Development Code and Comprehensive Plan. Mr. Soph stated that citizens were being denied their rights for fair representation, especially with the process involved with the Denton Development Code and Comprehensive Plan. He requested that the Council formulate a citizen's oversight committee to work in conjunction with the Chamber and city staff on the Code and Plan. 7. Gerard Hudspeth regarding Council procedure for citizen reports. Mr. Hudspeth stated that he had concerns regarding the procedures for taking the fire fighter test. 8. Willie Hudspeth regarding Council procedure for citizen reports. Mr. Hudspeth made comments regarding the Civil Service exam and Civil Service requirements. He wanted all citizens making citizen reports to be treated the same. 9. Bob Clifton regarding the difference between paint and buttons. Mr. Clifton stated that the buttons that were placed on Shady Oaks and Londonderry were not sufficient for the safety in the area. He requested that someone look at the traffic light situation in the area. 10. Carl Young regarding community issues. Mr. Young stated the recall petition against Mr. Redmon was due to the fact that Mr. Redmon would not vote against other minorities in southeast Denton. City of Denton City Council Minutes March 5, 2002 Page 3 11. Ross Melton regarding Code Enforcement and the budget. Mr. Melton felt that the City could do a better job on other issues than Code Enforcement. Money would be better spent on other projects and departments. 12. Dessie Goodson regarding government business. Ms. Goodson stated that she still has not seen any benches or shelters installed at the bus stops. The City was to have installed benches and shelters with money received from the federal government. 13. Willie Brewer regarding Council procedure for citizen reports. Mr. Brewer was not present at the meeting. 14. Charlye Heggins regarding the recall election. Ms. Heggins stated that she was in total opposition to the recall election to oust Council Member Redmon. CONSENT AGENDA Beasley motioned, Burroughs seconded to approve the Consent Agenda and accompanying ordinances and resolutions. 15. Approved the minutes of January 28, 2002, January 29, 2002, and February 5, 2002. 16. NO. 2002-061 AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER SIX TO A CONTRACT FOR LEASE PURCHASE FINANCING OF PC'S, MONITORS, AND PERIPHERAL EQUIPMENT BETWEEN THE CITY OF DENTON AND DELL FINANCIAL SERVICES; PROVIDING FOR AN INCREASE IN THE QUANTITY OF ITEMS, INCREASE IN THE ANNUAL LEASE PAYMENT AMOUNT; AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 2495 - DELL FINANCIAL SERVICES AWARDED IN THE AMOUNT OF $943,398 AND CHANGE ORDER ONE IN THE AMOUNT OF $19,656.68 AND CHANGE ORDER TWO iN THE AMOUNT OF $337,710.30 AND CHANGE ORDER THREE IN THE AMOUNT OF $64,920 AND CHANGE ORDER FOUR IN THE AMOUNT OF $17,406.36 AND CHANGE ORDER FiVE iN THE AMOUNT OF $203,637.12 PLUS CHANGE ORDER SIX IN THE AMOUNT OF $146,030.94 FOR A TOTAL OF $1,732,759.40). 17. NO. 2002-062 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WiTH INNOVATIVE TRANSPORTATION SOLUTIONS, INC., FOR TRANSPORTATION SERVICES AS City of Denton City Council Minutes March 5, 2002 Page 4 SET FORTH IN THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE (PSA 2789 - PROFESSIONAL SERVICES AGREEMENT FOR TRANSPORTATION SERVICES TO INNOVATIVE TRANSPORTATION SERVICES, INC. FOR A TOTAL AMOUNT OF $70,000). 18. NO. 2002-063 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT FOR CONSTRUCTION SERVICES FOR THE CONSTRUCTION OF THE CENTRAL FIRE STATION BETWEEN THE CITY OF DENTON AND TIM BEATY BUILDERS, INC. BASED ON THE COMPETITIVE SEALED PROPOSAL METHOD OF PROCUREMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (AMOUNT OF $3,138,000). 19. NO. 2002-064 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON TO PURCHASE CONSULTING/IMPLEMENTATION SERVICES FROM NOVELL INC., A QUALIFIED INFORMATION SERVICES VENDOR (QISV) OF THE STATE OF TEXAS, WHICH PROVIDES FOR DESIGN, INSTALLATION, AND CONFIGURATION OF NOVELL SECURE LOGIN 3.0 SERVICES (PURCHASE ORDER 103480 - NOVELL INC. IN THE AMOUNT OF $53,207.22). 20. NO. 2002-065 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF AN ANNUAL SOFTWARE MAINTENANCE AGREEMENT WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PO 103483 - JD EDWARDS IN THE AMOUNT OF $46,900 FOR JDE SOFTWARE MAINTENANCE). 21. NO. 2002-066 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF HARDWARE AND SOFTWARE FOR THE ELECTRIC RELIABILITY COUNCIL OF TEXAS (ERCOT) NETWORK TERMINAL GATEWAY WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PO 103512 - ADVANCED CONTROL SYSTEMS IN THE AMOUNT OF $97,430). City of Denton City Council Minutes March 5, 2002 Page 5 22. NO. 2002-067 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF AN OUTDOOR WARNING SYSTEM SIREN AND PERIPHERAL ITEMS WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PO 103508 GiFFORD ELECTRIC IN THE AMOUNT OF $30,640 FOR AN ADDiTiONAL SIREN FOR OUTDOOR WARNING SYSTEM). 23. NO. 2002-068 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE LEASE OF FIVE BUCKET TRUCKS FOR ELECTRIC DISTRIBUTION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2792 - LEASE OF BUCKET TRUCKS AWARDED TO PETERBILT MOTORS CO. IN THE AMOUNT OF $330,057.50 OVER A FiVE-YEAR PERIOD). 24. NO. 2002-069 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF WATER TREATMENT CHEMICALS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2793 - WATER TREATMENT CHEMICALS AWARDED TO THE LOWEST RESPONSIBLE BIDDER IN THE TOTAL ESTIMATED AMOUNT OF $650,000). 25. NO. 2002-070 AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT RELATED TO ENCROACHMENT ON EASEMENT BETWEEN THE CiTY OF DENTON AND THE TEXAS MUNiCiPAL POWER AGENCY ('TMPA") RELATING TO THE LOCATION OF A CITY WATER PIPELINE WITHIN A TMPA ELECTRIC UTILITY EASEMENT LOCATED IN DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 26. Approved a tax refund to First American Real Estate Tax Service for Michael & Marilyn Love in the amount of $729.37. The 2001 tax was paid twice. 27. Approved a tax refund to First American Real Estate Tax Service for Mike Brewer in the amount of $820.71. The 2001 property tax was paid twice. 28. Approved a tax refund to First American Real Estate Tax Service for Mark & Joyce Wagner in the amount of $529.78. The 2001 property tax was paid twice. City of Denton City Council Minutes March 5, 2002 Page 6 29. Approved a tax refund to First American Real Estate Tax Service for Charles Beaver in the amount of $946.80. The 2001 property tax was paid twice. 30. Approved a tax refund to First American Real Estate Tax Service for Rachel Gay in the amount of $529.92. The 2001 property tax was paid twice. 31. Approved a tax refund to First American Real Estate Tax Service for I~rbert & Tamara Hinton in the amount of $524.04. The 2001 property tax was paid twice. 32. Approved a tax refund to First American Real Estate Tax Service for Randy Park in the amount of $1,412.16. The 2001 property tax was paid twice. 33. Approved a tax refund to First American Real Estate Tax Service for Brian Duncan in the amount of $501.82. The 2001 property tax was paid twice. 34. Approved a tax refund to First American Real Estate Tax Service for Richard Dufallo in the amount of $1,012.36. The 2001 property tax was paid twice. 35. Approved a tax refund to First American Real Estate Tax Service for David Morris in the amount of $691.72. The 2001 tax was paid twice. 36. Approved a tax refund to First American Title for Thomas & Peggy LaPoint in the amount of $852.32. The 2001 property tax was paid twice. 37. Approved a tax refund to Extraco Mortgage for Robert & Tracy Jones in the amount of $644.41. The 2001 tax was paid twice. 38. Approved a tax refund to Republic Title for the Board of Regents of The University of North Texas System in the amount of $7,195.09. The Denton Central Appraisal District prorated the 2001 property tax. 39. Approved a tax refund to Extraco Mortgage for Timothy & Lori Ford in the amount of $552.67. The 2001 property tax was overpaid. 40. Approved a tax refund to GMAC Mortgage for Kurt & Lacy Dreger in the amount of $1,025.36. The 2001 property tax was overpaid. 41. Approved a tax refund to Fidelity National Title for Siegried & Suzanne Ehmke in the amount of $525.26. The 2001 property tax was paid twice. 42. Approved a tax refund to First American Title for Randy McMillan in the amount of $936.65. The 2001 tax was paid twice. 43. Approved a tax refund to Wells Fargo for Belinda & J. Scott Reib Jr. in the amount of $1,506.21. The 2001 property tax was paid twice. 44. Approved a tax refund to Susan & James Jakusz in the amount of $881.38. The 2001 property tax was paid twice. City of Denton City Council Minutes March 5, 2002 Page 7 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. Approved a tax refund to Wallace Dean Mulkey in the amount of $782.40. The 2000 property tax was paid twice. Approved a tax refund to Alamo Title Company for Frank Fisher in the amount of $590.81. The 2001 property tax was paid twice. Approved a tax refund to Wells Fargo for Timothy & Shannon Nack in the amount of $579.22. The 2001 property tax was overpaid. Approved a tax refund 0 Transamerica Real Estate Tax Service for Michael Murray in the amount of $532.47. The 2001 property tax was paid twice. Approved a tax refund to Title Resources for Arthur Espanas in the amount of $687.06. The 2001 property tax was paid twice. Approved a tax refund to First American Real Estate Tax Service for Fry Street LP in the amount of $2,872.81. The 2001 property tax was paid twice. Approved a tax refund to John & Leslie Ligon in the amount of $1,130.23. The 2001 property tax was paid twice. NO. R2002-007 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE ISSUANCE OF TAXABLE BONDS AND NOTES BY NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPReV1NG THE ISSUANCE OF SUCH BONDS AND NOTES AND THE USE OF THE PROCEEDS OF SUCH BONDS AND NOTES; MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. NO. R2002-008 A RESOLUTION AUTHeRIZiNG THE SALE OF PROPERTY LOCATED WITHIN ABSTRACT 616 OF THE S.C. HIRAM SURVEY, TRACT 16, OLD DCAD TRACT 2, BY THE COUNTY OF DENTON, TEXAS AS TRUSTEE FOR THE TAXING ENTITLES PURSUANT TO TEXAS PROPERTY TAX CODE SECTION 34.05 FOR LESS THAN THE MARKET VALUE OR TOTAL AMOUNT OF JUDGMENT AGAINST THE PROPERTY; AND PROVIDING AN EFFECTIVE DATE. NO. 2002-071 AN ORDINANCE APPROVING THE PURCHASE OF A 0.568 ACRE PUBLIC UTILITY EASEMENT AND A 0.354 ACRE TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF DENTON AND JEFFREY W. NeE AND JEANIE T. NeE, EASEMENTS LOCATED iN THE J. CHEEK SURVEY, ABSTRACT NO. 227 AND THE H. WILLIAM SURVEY, ABSTRACT NO. 1417, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS City of Denton City Council Minutes March 5, 2002 Page 8 THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (LAKE RAY ROBERTS WATER TRANSMISSION LINE PROJECT) PUBLIC HEARING 55. This item has been pulled from consideration. ITEMS FOR INDIVIDUAL CONSIDERATION Mayor Brock left the meeting with a conflict of interest. 56. The Council considered adoption of an ordinance of the City of Demon, Texas authorizing the expenditure of funds for the payments by the City of Denton for Electrical Energy Transmission fees to those listed cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (Purchase Order 103402 to Brazos Electric Power Coop, Inc., Purchase Order 103414 to Reliant Energy HL&P, Purchase Order 103416 to Lower Colorado River Authority, Purchase Order 103419 to Texas Municipal Power Agency, Purchase Order 103420 to TXU Electric Transmission Division, Purchase Order 103441 to City of Austin Electric Utility, and Purchase Order 103503 to Texas-New Mexico Power Co., in the total amount of $825,861). The following ordinance was considered: NO. 2002-072 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 103402 TO BRAZOS ELECTRIC POWER COOP, INC., PURCHASE ORDER 103414 TO RELIANT ENERGY HL&P, PURCHASE ORDER 103416 TO LOWER COLORADO RIVER AUTHORITY, PURCHASE ORDER 103419 TO TEXAS MUNICIPAL POWER AGENCY, PURCHASE ORDER 103420 TO TXU ELECTRIC TRANSMISSION DIVISION, PURCHASE ORDER 103441 TO CITY OF AUSTIN ELECTRIC UTILITY, AND PURCHASE ORDER 103503 TO TEXAS-NEW MEXICO POWER CO., IN THE TOTAL AMOUNT OF $825,861). McNeill motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", and Redmon "aye". Motion carded tmanimously. 57. The Council considered adoption of an ordinance of the City of Demon, Texas, prescribing regulations regarding notice to be provided the City and its residents of a gas utility's statement of intent to increase rates; providing certain procedures for publication of notice of a statement of intent to increase rates; providing that this ordinance is cumulative; providing a severability clause; and providing an effective date. City of Denton City Council Minutes March 5, 2002 Page 9 James Johnson spoke regarding the issue. He presented a copy of the notification that would be placed in the Denton Record-Chronicle. The following ordinance was considered: NO. 2002-073 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PRESCRIBING REGULATIONS REGARDING NOTICE TO BE PROVIDED THE CITY AND ITS RESIDENTS OF A GAS UTILITY'S STATEMENT OF INTENT TO INCREASE RATES; PROVIDING CERTAIN PROCEDURES FOR PUBLICATION OF NOTICE OF A STATEMENT OF iNTENT TO INCREASE RATES; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Fulton seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", and Redmon "aye". Motion carded tmanimously. Mayor Brock returned to the meeting. 58. The Council considered adoption of an ordinance ordering a recall election to be held in the City of Denton, Texas, on May 4, 2002 for the purpose of determining whether City Council Member Raymond Redmon shall be removed from District 1 of the City Council of the City of Denton, Texas by recall; designating a voting place and appointing election officials; providing for bilingual notice of the election; ordering that an electronic voting system be used; making additional provisions for the conduct thereof; providing an open meetings clause; and providing an effective date. The following individuals spoke regarding the issue: Billy Redmon, 125 Morse, Denton, 76205 - opposed to the recall petition Carl G. Young, Sr, 321 Mill Street, Denton, 76205 - opposed to the recall petition Patricia Adams, 1710 Westminster, Denton - opposed to the recall petition Billy Brasfield, 100 Ruddell, Denton, 76206 - in favor of the recall petition Carolyn Phillips, 722 Lakey Street, Denton, 76205 - in favor of the recall petition Petemia Washington, 618 East Prairie, Denton, 76205 - in favor of the recall petition Council Member Fulton stated that she was not in favor of the recall petition and would not be voting for it. Council Member Burroughs requested Council adjourn into Executive Session. Council returned from Executive Session at 7:51 p.m. Council Member Fulton left the meeting. City of Denton City Council Minutes March 5, 2002 Page 10 Council Member Burroughs stated that the Council had been informed that the recall provisions were constitutional and per the Legal I~partment the Council could only set a date for the recall election. Council's duty under Charter was to vote to establish a date for the recall election. The following ordinance was considered: NO. 2002-074 AN ORDINANCE ORDERING A RECALL ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 4, 2002 FOR THE PURPOSE OF DETERMINING WHETHER CITY COUNCIL MEMBER RAYMOND REDMON SHALL BE REMOVED FROM DISTRICT 1 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS BY RECALL; DESIGNATING A VOTING PLACE AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED; MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, McNeill seconded to adopt the ordinance. Council Member McNeill stated that he had taken an oath to uphold the laws of the Constitution, the state of Texas, and this city. The law indicated that Council "shall" order such an election and that meant that it had to be done. He suggested looking at Charter requirements in the future regarding the elements of recall. Council Member Redmon stated that he had seen many tricks to try to discredit the community from moving forward. He wanted a community that everyone could be proud of. Even though the Charter said, "shall", he felt the Council still had a choice to vote or not to vote on the ordinance. Council Member Phillips stated that the Council had a ministerial duty to vote on the election. On roll vote to adopt the ordinance, Beasley "aye", Burroughs "aye", McNeill "aye", Phillips "aye", and Mayor Brock "aye". Motion carded unanimously with Fulton not present and Redmon abstaining. 59. The Council considered nominations and appointments to the City's Boards and Commissions. Council Member McNeill nominated Laurie Wolfe to the Library Board. Beasley motioned, Burroughs seconded to suspend the rules and vote on the nomination at this meeting. On roll vote, Beasley "aye", Burroughs "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. City of Denton City Council Minutes March 5, 2002 Page 11 60. New Business The following items of New Business were suggested by Council for future agendas: A. Mayor Brock directed staff to begin instituting the city-initiated zoning discussed with the Development Code plus look at a small area plan for the West Oak Street area. B. Council Member McNeill suggested looking in the formation of citizen committees without being official appointments. C. Council Member Redmon asked for a review of the process on how the square footage was determined for the drainage fees. D. Council Member Burroughs asked for a report on whether there were differences on the Civil Service tests for the Fire Department compared with Dallas and Fort Worth. 61. Items from the City Manager City Manager Conduff did not have items for Council. 62. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 63. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 8:10 p.m. EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS Agenda 02-010 Item 10 3/26/02 AGENDA INFORMATION SHEET AGENDA DATE: March 26, 2002 DEPARTMENT: Utility Administration ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a First Amended Professional Services Agreement with Birkhoff, Hendricks & Conway, L.L.P. (formerly Shimek, Jacobs & Finklea, L.L.P), for engineering services pertaining to the construction phase and for materials testing regarding the City of Denton Northwest Service Area Elevated Water Storage Tank; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND The Professional Services Agreement (PSA) with Shimek, Jacobs, & Finklea, L.L.P. for engineering services for the Northwest Elevated Storage Tank was approved by the PUB on March 6, 2000 and by the City Council on September 26, 2000. Shimek, Jacobs, & Finklea subsequently changed their company name to more accurately reflect the firm principles that were established in the firm to Birkhoff, Hendricks, and Conway, L.L.P (BH & C). The PSA provided engineering services through the design and bidding stages of the project but did not include provisions for any inspection or material testing during construction, it also had a very limited scope of service to cover contract administration, periodic site visits during construction, review of submittals, and processing of change orders. The original PSA (Exhibit ii) was authorized for a total amount of $ 33,600. At the time the contract was originally negotiated, the water utilities staff had internal engineering support staff with experience in this type of specialized utility construction and it was assumed that the contract administration services could be provided by the engineering staff. However, the materials testing and inspection services were not included in the original PSA. Since the project began, the City of Denton consolidated the Water Utilities Engineering Division with the Engineering and Transportation Division and the project manager assigned to this project took a position with another city. Staff now feels it is in the best interest of the City of Denton to amend the PSA to increase the construction phase services by a total amount of $ 13,200 and to include the materials testing and inspection services during construction that were not included in the original PSA for an additional $ 30,028.50. The revised scope of services requested by staff is detailed in the attached Exhibit iii, dated February 13, 2002 from BH & C. The inspection and materials testing portion of the work will be subcontracted to a materials testing firm that BH & C has previously used on elevated storage tank projects for other cities and is very experienced in inspection this type of construction. BH & C has also offered this subcontract arrangement to the City of Denton with a 1.0 multiplier. Typically these subcontracted services are provided using a 1.15 multiplier. OPTIONS Approve the professional services proposal for the construction phase services as submitted. Recommend desired changes to the proposal for consideration by staff and request renegotiations with Birkhoff, Hendricks & Conway L.L.P. RECOMMENDATIONS Staff recommends approval of the professional services proposal as negotiated by staff and submitted by Birkhoff, Hendricks & Conway L.L.P. The Public Utilities Board recommended approval of the amended PSA at the March 4, 2002 meeting by a vote of 6-0. PRIOR ACTION REVIEW (COUNIL, BOARDS, COMMISSION) March 6, 2000 - Approval of the professional services agreement with Shimek, Jacobs & Finklea, L.L.P. for design and services during bidding and construction of the one million gallon elevated storage tank for the Northwest Pressure Plane for an amount not to exceed $ 33,600. March 4, 2002 - Approval of the fa'st amendment of the professional services agreement with Birkhoff, Hendricks & Conway L.L.P. for construction phase services for the Northwest Service Area Elevated Storage Tank. City Council: September 26, 2000 Approval of the professional services agreement with Shimek, Jacobs & Finklea, L.L.P. for design and services during bidding and construction of the one million gallon elevated storage tank for the Northwest Pressure Plane for an amount not to exceed $ 33,600. ESTIMATED SCHEDULE OF PROJECT The Northwest Elevated Storage tank is currently under construction and is scheduled for completion by the spring of 2003. FISCAL INFORMATION The construction bid for the project was awarded to Landmark Structures I, L.P. in the amount of $ 1,418,700.00. The amended professional services agreement with Birkhoff, Hendricks & Conway L.L.P. totals $ 76,828.50. This represents 5.4 % of the construction total for design, bidding, construction administration, inspection and materials testing services for the project. MAP See Exhibit I EXHIBITS Exhibit I Location Map Exhibit II Original PSA Scope of Services. Exhibit III February 13, 2002 proposal from amend the PSA scope of services construction. Exhibit 1V Ordinance Exhibit V Professional Services Agreemem Exhibit VI Public Utilities Board Meeting Minutes Birkhoff, Hendricks & Conway, L.L.P. to to include additional services during Respectfully submitted: Jim Coulter Director of Water Utilities Prepared by: Timothy S. Fisher, P.E. Assistant Director of Water Utilities FM 1173 PROPOSED NORTHWEST ELEVATED STORAGE TANK LOOP 288 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SHIMEK, JACOBS & FINKLEA, L.L.P., FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN OF AND TI-IE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE CITY OF DENTON 900 SERVICES LEVEL ONE MILLION GALLON ELEVATED WATER STORAGE TANK; AUTHORIZING THE EXPENDITURE OF FUNDS THEP~FOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to engage the firm of Shimek, Jacobs & Finklea, L.L.P., a Limited Liability Partnership, of Dallas, Texas ("SJ&F"), to provide professional engineering services to the City pertaining to the design of and the preparation of construction plans and specifications for the City's approved, and to-be- constructed, 900 services level one million gallon elevated water storage tank; and · WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-described professional services, and that limited City staff cannot adequately perform the services and tasks with its own personnel; and WHEREAS, Chapter 2254 of the Texas Govemment Code, known as the "Professional SerVices Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in the Professional Services Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS.; SECTION 1: That the City Manager is hereby authorized to execute a Professional Services Agreement with Shimek, Jacobs & Finldea, L.L.P., of Dallas, Texas, for engineering services pertaim'ng to the design of and the preparation of construction plans and specifications for the City's'900,service level, one million gallon elevated water storage tank, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference. SECTION 2: That the award of this Agreement by .the City is on the basis of the demonstrated competence, knowledge, and qualifications of SJ&F and the ability of SJ&F to perform the professional services needed by the City for a fair and reasonable price. SECTION 3: That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. EX}~[BIT II SECTION 4: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the r2~~'-:~' day of ~ ,2000. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: S:\Our Documents\Ordinances~0LShim~k Jacobs & Finklea PSA-Water.1 MGD Elevated Tank.doc STATE OF TEXAS COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES PERTAINING TO TI-IE DESIGN OF AND THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR TH~ CITY OF DENTON 900 SERVICE LEVEL om .UON OA ON Tills AGREEMENT is made and entered into as of the ~,~ day of ~~ , 2000, by and between the City of Denton, Texas, a Texas Munic/pal ~orporation, with its principal offices at 215 East McKinney Street, Denton, Texas 76201 (herea~er "OWNER") and Shimek, Jacobs & Finldea, L.L.P., a Limited Liability Partnership, with its offices at 8333 Douglas Avenue, #820, Dallas, Texas 75225 (hereal~er "CONSULTANT'); the parties acting herein by and through their duly-authorized representatives and officers. WlTNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows: ARTICI.F. I ElvfPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to pea-form the services herein in connection with the Project 'as stated in the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The professional services set forth herein are in connection with the following described project (the '~Project''): The Project consists of preparation of plans and specifications for a one million gallon elevated water storage tank and general en~neering services to be rendered during the construction phase of the Project. The CONSULTANT agrees to exereise'the same degree of care, skill and diligence in the performance of these services as is ordinarily, provided by a professional consultant under similar circumstances and the CONSULTANT shall, at no cost to OWNER, "re-perform" services which fail to satisfy the foregoing standard performance. ,~R TICT .F. TI SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services in a professional manner: Ao To perform those professional services as set forth in the "Task 1 - Scope of Basic Services- 900 Service Level Elevated Storage Tank," prepared by ENGINEER for OWNER which document is attached hereto as Exhibit "A," and is incorporated herein by reference; which document consists of nine (9) pages, and is comprised of four sections: 1 Part i- Preparation of Plans and Specifications 2 Part II - Bidding Phase 3 Part 1II- Construction Phase 4 Part IV- Exclusions 5 Section "A"- Completion Schedule 6 Section "B"- Payment Schedule for Basic Services If there is any conflict between the terms of this Agreement and those Exhibits attached to this Agreement, the terms and conditions of this Agreemeat shall control over the terms and conditions of such Exhibits. ARTICI.F. Ill ADDITIONAL SERVICES Any additional selMces to be performed by the CONSULTANT, if authorized by the OWNER, which are not included as Basic Services in the above-described Scope of Services, set forth as provided by Article II. above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, in writing, the scope of such additional services, the amount of compensation for such additional services, and other essential terms pertaining to the provision of such additional serdces by the CONSULTANT. OWNER and CONSULTANT have agreed that those additional services items shown in Extfibit~"B'', incorporated herein by reference; and attached hereto are "Additional Services", that are, services which CONSULTANT and OWNER may consider as this .engagement progresses. 2~,_TIC2.aF, i~ PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in force for the period that may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. CONSULTANT shall make ali reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule reasonably established by the OWNER, acting through its Assistant City Manager of Utilities, or his designee. ARq~CT~g V COMPENSATION A. COMPENSATION TERMS: "Subcontract Expense" is defined as those expenses, if any, incurred by CONSULTANT in the employment of others in outside firms, for services in the area of professional engineering, or related services. Any subcontract or subconsultant billing reasonably incurred by the CONSULTANT in connection with the Project shall be invoiced to OWNER at the actual cost. "Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any out-of-pocket expense reasonably incurred by the CONSULTANT in the performance of this Agreement for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out-of-pocket expenses for purchased computer time, prudently incurred travel expenses related to the work on the Project, and similar incidental expenses incurred in connection with the Project. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the basic services tasks set forth in the Scope of Services as shown in Article II above; as follows: 1. CONSULTANT shall perform its work. on this Project in accordance with the provisions and the tasks set forth in Exhibit "A" - "Task 1" attached hereto and incorporated herewith by reference. CONSULTANT shall perform the said professional services substantially in accordance with the "Project Schedule" set forth in Exhibit "A" - Section "A". CONSULTANT shall' be paid for services rendered pursuant to the Agreement on the basis set forth in the "Project Budget- Section B" set forth in Exhibit "A". OWN-ER agrees to pay to CONSULTANT for its professional ~ervices' Performed, and for its out-of pocket expenses incurred'in'the Project, a total lump-sm amount of $33, 600.00. 2. Partial payments to the CONSULTANT will be made monthly in accordance with the statements reflecting the actual completion of the basic services, rendered to and approved by the OWNER through its Assistant City Manager for Utilities or his designee. However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. The OWNER may withhold the final ten (10%) percent of the above not-to-exceed mount until satisfactory completion of the Project by the' CONSULTANT. 3. Nothing contained in this Article shall require the OWNER to pay for any work wkich ' is unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or his designee, or which is not submitted by CONSULTANT to the OWNER in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT at any time when the CONSULTANT is in default under this Agreement. 4. It is speeifieally understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed amount as stated hereinabove, without first having obtained the prior written authorization fxom the OWNER. CONSULTANT shall not proceed to perform any services to be later provided for under Article 111. "Additional Services" without first obtaining prior written authorization from the OWNER. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article rll. hereinabove, CONSULTANT shall be paid based on a m-be-agreed-upon Schedule of Cha~ges. Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article V.B. hereinabove. Statements for basic services and any additional services shall be submitted to OWNER no more fi.equenfly than once monthly. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within'sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month fi.om and after the said sixtieth (60th) day, and in addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the OWNER, susperd services under this Agreement until the CONSULTANT has been paid in full for all mounts then due and owing, and not disputed by OWNER, for sexvices, expenses and charges. Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the CONSULTANT's work is unsatisfactory, in accordance with Article V. B. of this Agreement, and OWNF_~ has notified CONSULTANT of that fact in writing. 3,KTICLE~I OBSERVATION AND REVIEW OF ~ WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its mbcontractors or subconsultants. ARTICI.F. VII OWNERS~ OF DOCUNmNTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property'of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this project and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event the OWNER uses the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this agreement, CONSULTANT is released fi.om any and all liability relating to their use in that project. ARTIC. I .g~ VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any fight arising from employee status. AR TI('T[ .'F. 'tx' INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including w/trout limitation damages for bodily and personal injury, death, or property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, attomeys and employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. AR'I'3CLE X INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance companY licensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating with A. M. Best Rate Carriers of at least an "A-" or above: Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $ I00,000 for each accident. Worker's Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $100,000 for each accident. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages. The insurance policies shall name the OWNER as an additional insured on all such policies to the extent that is legally possible, and shall contain a provision that such insurance shall not be cancelled or modified without thirty (30) days pr/or written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies, furnishing at least the same policy limits and coverage, to OWNER. AR'T'T('~' ,'R, XT ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreeraent by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the others approval. AR'T'I'CT.F. 'g'TT TERMINATION OF AGREEMENT Ao NOtwithstanding any other provision of this Agreement, either party may terminate this Agreement by providing thirty- (30) days advance written notice to the other party. This Agreement may be alternatively be temiaated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be effected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the te~a:-,inating party prior to termination. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services upon receipt of the written notice of termination from OWNER, and shall render a final bill for services to the. OWNER within twenty (20) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of termination being received by CONSULTANT, ia accordance with Article V. of this Agreement Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information to the OWNER and to the new consultant. If applicable, OWNER shall allow CONSULTANT a reasonable time to transition and to turn over the Project to a new consultant. CONSULTANT shall mm over all documents prepared or furnished by CONSULTANT pursa~ant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its files. ~ILTICLE_XI[I RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to this Agreement; nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its principals, officers, employees, agents, subcontractors, and subconsultants. A~Ttc:t.~ ~ ~OT]C~S All notices, communications, and reports required or permitted under this Agreement shall be personally delivered to; or telecopied to; or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt requested, unless otherwise specified herein. To CONSULTANT: To OWNER: Shimek, Jacobs & Finldea, L.L_P. Atto: Gary C. Hendricks, P.E. 8333 Douglas Avenue, #820 Dallas, Texas 75225 Fax: (214) 361-0204 City of Denton, Texas · Michael W. Jez, City Manager 215 East McKirmey Denton, Texas 76201 Fax: (940) 3494596 All notices under this Agreement shall be effective upon their actual receipt by the party to whom such notice is given, or three (3) days after mailing of the notice, whichever event shall first occur. ARTT~T.~, ~X-x7 ENTIRE AGREEMENT This Agreement consisting, of ten (10) pages and two (2) exhibits constitutes the complete and final expression of the Agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, understandings, and agreements which may have been made in connection with-the subject matter of this Agreement. ARTICLE SEVERABILITY If any provision of this Agreement is found or deemed by a cou/t of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement, and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision. AR TICT,F, X"VII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, roles, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended. A~ TI'~T.~ ~ DIS~A~ON ?~O~3~D In performing the services required hereunder, the CONSULTANT shall not disca'iminate again~ any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. A'R'T'I'CT,~ ~ PE~SONNEI., CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER. CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or which may ax/se during the term of this Agreement. Ail services required hereunder will be performed by CONSULTANT or under its direct supervision. All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICT ~R ~ ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER. CONSULTANT shall promptly notify OWNER of any change of its name as well as of any significant change in its corporate structure or in its operations. AR.TIi2X.E_X~ MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the fights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed. The parties further agree that the provisions of this Article will not be waived unless as herein set forth. ARIIC_,LE2CKII /VIISCELLANEOUS The following exhibit is attached to, incorporated within, and is made a part of this Agreement for all purposes pertinent: Exhibit "A" - Basic Services Exhibit "B" - Additional Services CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment made by OWNER under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct examinations or audits in compliance with this Article. OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. For pta'poses of this Agreement, thc parties agree that the key persons who will perform most of the work under this Agreement shall be Craw C. Hendricks, P.E., Project Manager, and $ohn'W. Birkhoff, P.E. This Agreement has been entered into with the understanding that the two (2) above-stated employees of CONSULTANT shall perform all or a significant portion of the work on the Project. Any proposed changes regarding change of personnel, requested by CONSULTANT, respecting one or more of the two (2) above-stated employees, shall be subject to the approval of the OWNER, which approval the OWNER shall not unreasonably withhold. Nothing herein shall limit CONSULTANT fi:om using other qna!i_fied and 'competent members of its finn to perform the other incidental services required herein, under its supervision or control. CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the' provisions hereof. In accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carded on by the OWNER. The OWNER shall assist the CONSULTANT by placing at 'the CONSULTANTs disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project and arranging for the access to, and make ali provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under this Agreement. OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon information furnished to it by OWNER without the need for further inquiry or investigation into such information. The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS WHEKEOF, the City of Denton, Texas has executed this Agreement in four (4) original counterparts, by and through its duly-authorized City Manager;, and CONSULTANT has exe~¢ted this Agreem .eg. t by. and through its duly-authorized undersigned officer on this thc dC ~ day of ~~.g~d,,/ ,2000. CITY OF DENTON, TEXAS kTrEST: ~WNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: "CONSULTANT" ATTEST: By: SH~[EI<., ~IACOBS & FINKLEA, L.L.P. 90O TASK "1" SCOPE OF BASIC SERVICES SERVICE LEVEL ELEVATED STORAGE TANK PART I: PREPARATION OF PLANS AND SPECIFICATIONS Preparation of plans, specifications and bidding documents for a Elevated Tank based on the following items: 1-Million Gallon Composite a) Specifications based on following standards: i) American Water Works Association (AWWA) ii) American Nation Standards Institute (ANSI) iii) American Society of Testing Materials (ASTM) iv) National Sanitation Foundation (NSF) v) American Concrete Institute (ACI) b) Pipe Connections ,, 'OverfloW 'Drain Tank Ladders Roof Hatches Vent .Cathodic Protection Valve & Electric Valve Operators Tank Accessories to include the following: WefRiser ' Access and Trunk Doors ' Antenna Bracket Obstruction Light Interior Light System Exterior Light System Electrical System Chloramine Residual Analyzer c) Provide engineering services for expanding the City's monitoring and control system in order to connect the proposed tank to the SCADA system. d) Provisions for site landscape screening along fence lines and reestablished grass at the site. e) Provisions for concrete driveway to access tank truck door. EXHIBIT A Professional Services Agreement (05/t9/00) Task 1 (Page 1 of -') g) h) i) J) The limits of the property will be as shown on the records draWi'ngs provided by the City. No additional field surveys will take place to establish property comers. Information from record drawings will be placed on the construction plans. The benchmark on site will be verified by field surveys and tied to existing control provided by the City of Denton. The hi~-water level (HWL) as shown in the City of Denton's water distribution system master plan, will be the high-water level of the proposed tank. The high water level shall be established from a benchmark elevation as provided by the City of Denton. This high water level may be reconfirmed by the City and changed prior to finishing the construction plans. The coating system wilt not include red lead primer. Specifications wilt be prepared that will be in conformance with the Texas .Natural Resources Conservation Commission Regulations for containment systems. Plans and specifications will include provisions for erosion controI' devices to be erected as required, along property lines. Preparation of FAA Notice of Proposed Construction form for City execution as project requirements dictate. 1) Construction Plan Sheets will be prepared at a scale of not less than 1" = 40' and will include a Cover Sheet, Location Map and Sheet Index m) 'Preparation of required Highway and Utility permits, as required n) Coordination with other Utility Companies, as required o) Design review meetings p) Opinion of Probable Construction Estimate q) Printing ofprelimiiaary plans and specifications for review by the City and Utility Companies r) Design Surveys Professional Sen'ices Agreement (05/I9/00) Task 1 (Page 2 of 5) 2) ENGINEER agrees to comi51~te the design in accordance with the gffi~lelines established by the City of Denton Water Utilities Department to include, but not be limited to, the following: a) Any and all items required by CITY as outlined by the Scope of Work shall be inked on the original tracings by ENGINEER. Completed plans must be clearly legible and understood when reproduced at one-half scale by reprographic methods.' b) ENGINEER shall prepare a separate cover sheet for the project. c) ENGINEER shall prepare details or typical sections as may be required by CITY to accomplish the work covered by this contract. d) ENGINEER shall complete the design of non-standard structures required for this Project. Actual design of the composite tank ~nd tank structure shall be performed by the successful bidder. ENGINEER shall delivery to CITY complete copies of design calculations for any and all non-standard structures designed by ENGINEER. ENGINEER'S seal (dated and signed) shall appear on all design calculations. e) ENGINEER shall thoroughly check plans for completeness and accuracy. f) ENGINEER shall seal, date and sign each sheet in the plan set. Consultant shall also seal, sign and date the cover sheet and project specifications. g) ENGINEER shall prepare two sets of construction specifications and contract documents. A draft set of specifications will be submitted to the CITY for review. Upon receipt, the ENGINEER will incorporate the CITY'S comments into the documents. Two (2) final sets of construction specifications and contract documents will be delivered to the CITY for bid advertisement. h) UPON COMPLETION OF PARTS 1) THROUGH 3), ENGINEER shall deliver to CiTY original tracings of construction plans, opinion of probable construction cost, special provisions, preliminary plans, copies of all field work, and two (2) full-size sets of prints. i) ENGINEER shall provide "record" drawings, prepared from the contractor'~ record drawings. j) Submit floppy disk with design files in .DWG format. All construction plan sheets will be prepared utilizing AutoCAD 2000 on Windows NT. No specific computer aided drafting and Professional Ser¥ices Agreement (05/19/00) Task' I (Page 3 of 7) design specifications ~all be utilized. One copy of electron~"files of design plans will provided to the CITY under the following conditions: be i) ii) The electronic files are compatible with AutoCAD 2000, 'operating on an IBM compatible PC using Windows NT operating system. ENGINEER does not make any warranty as to the compatibility of these files beyond the specified release of the above stated software. iii) Because data stored on electronic media can deteriorate undetected or be modified, the CITY agrees that the ENG~EER will not be held liable for completeness or correctness of electronic media after an acceptance period of thirty days after delivery of these files. iv) The electronic files are instruments of ENGINEER'S service. 'Where there is a conflict between the hard copy drawings and the electronic files, the hard copy files will govern in all cases. v) Both parties acknowledge mutual non-exclusive ownership of the electronic files and each party may use, alter, modify or delete the files without consequence to the other party. vi) All electronic files provided to the CITY will not contain engineers seal, handwritten dates or signatures. Professional Ser¥ices .4£reement 205/19/00) Task I (Page 4 of 7) ¢:twindo.,vsYmm pu asl,;- I .doc PART II: BIDDING PI-IAS~ 1) Preparing Addenum as necessary. 2) Attend a Pre-Bid Conference at the City of Denton facilities 3) Obtain the following information from the lowest bidder: Past work history. Physical resources to produce the project. Formulate based on this information, an opinion from information received and provide the City a recommendation for award of the construction contract. 4) Attend a Pre-Construction Conference at City facilities including preparing a meeting agenda. Professional Services .4greement [05/t 9/OOJ Task I [Page 5 of 7) PART Ill: CONSTRUCTION PHASE I) Review the shop drawings and other submittal information which the Contractor submits for the elevated storage tank. All other submittals and shop drawing review will be conducted by the City of Denton. Our review of the elevated stoarage tank design is for the benefit of the Owner and covers only general conformance with the information given by the Contract Documents. Review of shop drawing submissions is solely for their conformance with the design intent and conformance with information given in the construction documents. ENGINEER shall not be responsible for any aspects of a shop drawing submission that affects or are affected by the means, methods, techniques, sequences and operations of construction, safety precautions and programs incidental thereto, ail of which are the Contractor's responsibility. Two copies of all shop drawings in which no exceptions are taken by ENGINEER will be provided to the City. 2) Provide written responses to requests made by the City of Denton for information or clarification of the plans and specifications. 3) The City of Denton agrees to negotiate and prepare routine change orders as required. The ENGINEER agrees to review change order documents and provide the City any opinions that may be warranted. 4) Accompany the City during their final inspection of the project. 5) Recommend final acceptance of work based on information provided by the City's on- site representative. 6) A representative of Shimek, Jacobs & Finklea, L.L.P., will visit the project on an "as need" basis as construction proceeds to observe progress and formulate opinion as to quality of work as it relates to contract documents. A minimum of four site visits will be conducted by Shimek, J. acobs & Finklea' representatives. 7) Attend a final walk through of the completed project and assist the City in the preparation of the completion punch list. Professional Services Agreement (05/t9/002 Task I (Page 6 of -) PART IV: EXCLUSIONS .... ' The intent of our scope of services is to include only the services specifically listed in Task 1 and Task 2 and none others. Services specifically excluded from the scope of services include, 'but are not necessarily limited to the following: 1) Boundary surveys or title-searches 2) Environmental impact statements and assessments. 3) Fees for permits or advertising. 4) Detailed design of tank structure and foundation. 5) Certification that work is in accordance with plans and specifications. 6) Environmental cleanup. 7) Review of shop drawing submittals other than those specifically related to the structural design of the eleveated storage tank. 8) Preparation or review of Monthly Pay Request' 9) Review of Daily inspection test repons 10) Preparation of routine change orders Professional Setwices .4greement (05/19/00) Task 1 (Page - of it c %indo'~,'saempqask-I doc SECTION "A" COMPLETION SCHEDULE 900 SERVICE LEVEL ELEVATED STORAGE TANK Part I: Preliminary Plans and Specifications .......... 90 calendar days after notice to proceed. Final PtansandSpecifications .................... 30 calendar days after review comments received from the City. Part II: Bidding Phase ............................................. 45 calendar daYs from establishment of bid date and project advertisement. Part III: Construction Phase ...................................... 360 days after notice to proceed is provided to · construction contractor. Professional Sen,ices Agreement (05/I9/00) Section "A" (Page I of 1) PAYMENT 900 SECTION "B" ...... SCHEDULE FOR BASIC SERVCIES SERVICE LEVEL ELEVATED STORAGE TANK Our opinion of probable construction cost for the basic Elevated Storage Tank construction is $11070,000. Engineering services described under Basic Services - Task 1 for the 1.0 Million Gallon Composite Elevated Storage Tank, shall be paid on the total lump sum amount not to exceed $33,600. The schedule for the basic services payment for Parts I tkrough III shall be as follows: Basic-Services Desi~ Fees: · : i.I). L0 Million Gallon Basic Services Phase " . .' Elevated Storage Tank Part i- Design Phase * Preliminary Design $t8,800 o Final Design $8,100 Part Il - Bidding Phase $1,300 Part II1 - Construction Administration Phase $5,400 Total Basic Services Fee (Parts I through HI) $33,600 Basic services wilt be invoiced on a monthly basis, based on percent complete of plans. Bidding Phase services will be billed after completion of the Pre-Construction Conference. · Construction Administration services will be invoiced as a percent of construction complete (dollar value). Professional Services ,4greernent (05/19/00) Section "B~ (Page 1 of IJ cAwindow$~tem p~t, ct ion-b doc BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS 7502 Cu~envilie Av~., g220 IOHN W. BiRKHOFF, P+E. RONALD V. COiqWAY, P.B. C~RY C. HENDRIL-T~, P.E. JOE R. CARTBR, P.E. PAUL A. CAR.LINB, P.E. MATT HICI~y, p3~. RO~$ L SAI~OBS, P,E. I. c. FINKLBA, P.B. Dallas, Texas 75231 Fax (214) 361-0204 Phone (214) 361-7900 February 13, 2002 Mr. Timothy S. Fisher, P.E. Assistant Director of Water Utilities City of Denton 901 A Texas Street Denton, Texas 76201 Northwest Service Area Elevated Storage Tank Engineering Services Agreement Amendm~t Purchase Order Number 11249 Dear Mr. Fisher As you requested, we are pleased to submit this revision to our Engineering Services Agreemem with the City of Denton for the Northwest Service Area Elevated Storage Tank project, dated September 26, 2000 (Denton City Ordinance Number 2000-353; Purchase Order Number 11249). This revision modifies the scope of our engineering services as follows: EXHIBIT "A" SCOPE OF BASIC SERVICES PART III: CONSTRUCTION PHASE Strike the task numbered 1 through 7 and replace with the following: Review shop drawings and other submittal informafon that the Contractor submits. This review Ls for the benefit of the Owner and covers only general conformance with information given' by the Contract Documents. The contractor is to review and stamp their approval on submittals prior to submitting to the Engineer. Review by the Engineer does not relieve the Contractor of any responsibilities, safety measures or the necessity to construct a coniolete and workable facility in accordance with the Contract Doctmaents. Provide either written or verbal responses (as conditions dictate) to requests for infoi-raation or clarification to the plane to City or Contractor. Provide wither written or verbal directives to the Contractor or City's representative regarding interpretation of the plans, epecifieafions and contract. Prepare and process routine change orders for this project as they pertain to the original scope of services. E:3:]f-::I::BIT III Mr. Timothy S. Fisher, P.E. Azsistant D/rector of Water Utilities City of Denton February 14, 2002 Page Number 2 Prepare monthly pay requests form from information recdved from contractor. Review request and make recordation to the City for payment. Accompany the City during their final walkthrough of the project and assist the City on the preparation of the completion punch list. R¢coiv, v~nd final acceptance of the project based on information provicled by the City's on.site r~presentativ¢. Review of Daily inspection and material test reports. A repres~mtativ¢ of Birkhoff, Hendricks & Conway, L.LP. will visit the site at appropriate intervals as construction proceeds to observe progress and foi'i;;nlate ophlion as to qualify of work as it relates to contract docmmmts. A mhinaun of twelve site visits will be conducted, A memorandum will be prepared for each site visit indicating the ~gineer's observations and any on-site directive made. These visits specifically exclude any respons~ility by the Engineer for job safety or n~ans and methods of construction. · PART IV: EXCLUSIONS Str~e items 7, 8, 9 & 10 from this list ofcxclnsions to the scope of services · ~ For-the-additional services 'outlined above, we propose to increase our Basic Services compensation by $13,200 making thc revised h~mp sum amount £or Basic $18,600. We propose Section "B" of Exl~it A to the origh~.al agreement bc mod/fled as below to reflect this change. SECTION "B" PAYMENT SCHEDULE FOR BASIC SERVICES Basic Services Phase Original Contract Additional Revised Amount Amount of this Contract (P.O. No. 11249) Amendment Amount Part I - Design Phase · Prelinfina~ Design $18,800 $0.00 $18,$00 · Final Design $8,100 $0.00 $8,100 Pa~t II - Bidding Phase $1,300 $0.00'"' $1,300 Part III - Construction Admini.~trafion $5,400 $13,200 . $18,600 Phase Total Basle Services Fee (Parts I - III) $33,600.00 $13,200.00 $46,800.00 1:~160 d~a {opmeat~iemtlo~\ t-m~ etevtank-t~t~ v--t'~,onl~-t am~ndmeol.dc~ Mr. Timothy S. Fisher, P.E. Assistant Director of Water Utilities City of Denton February 14, 2002 Page Number 3 In addition to the revised scope of basic services for contract admini.~lxation, we have also received an updated proposal fxom Henley Johnston & Associates, Inc. for the quality control and material testing portion of our contract. A copy is enclosed for your review. Section "C' of Exhibit "A" to our agreement provides that additional services will be compensated fOr based on actual salary cost times a multiplier of 2.5 and expenses billed at actual invoice ~ 1.15. For the additional services provided by Henley Johnston & Associates, we hereby agree to bill the City of Denton at actual invoice amounts ~ 1.0. Based on the Henley Johnston & Associates proposal, we reco,,,,end you budget in the range of $30,028.50 these additional services. Our original agreement provided an amount of $34,000 for these services. If you are in agreement with the revised scope of engineering services and compensation amount, please have one copy of this En~neering Services Agreement Amendment executed for the City of Denton and returned to our office.. We appreciate the opportunity to provide continued engineering services to the City of Denton and are available to discuss this contract amendment further at your convenience. ACCEPTED FOR THE CITY OF DENTON By: Date: HENLEY JOHNSTON ' & ASSOCIATES, INC.. 11 January 2002 CITY OF DENTON, TEXAS BIRKHOFF, HENDRICKS & CONWAY, LLP 7502 Greenville Ave., ~220 Dallas, Texas 75231 Attention: Mr. Gary C. Hendricks, P.E. Dear. Mr. Hendricks: Quality Control Services 1.0 Million Gallon Elevated Water Storage Tank North Loop 288 Denton, Texas Enclosed is our updated proposal for Quality Control Services during the construction of the 1.0 Million Gallon Elevated Water Storage Tank off North Loop 288 in Denton, Texas. Henley-Johnston & Associates, Inc. will provide the necessary personnel to perform the required inspection and testing on this project. The scope of the proposal is for full time insPection and testing services for foundation piers and.structural concrete. All other items are on an "as needed" basis. Unit prices have been delineated on the attached proposals, as well as the anticipated costs. Though current information available to this office indicates that no masonry will be involved, unit prices for mortar and grout testing have been provided should the planned construction be modified in the futura. Please be assured that we will make every effort to work within the budget estimate established. We appreciate this opportunity to be of service to you. Please contact us if there are any questions or if additional information is required. Enclosure Very truly yours, Herbert C. Crowder' Quality Control Manager Henley-Johnston & Associates, Inc. telephone (214) 941-3808 fax (214] 943-7645 235 Morgan Ave.. Dallas. Texas 75203-1068 HENLEY JOHNSTON & ASSOCIATES, INC. QUAUTY CONTROL PROPOSAL · AS NEEDED' TESTING - COST ESTIMATE TO: FOR: ITEM NO. 11 Janumy 2002 ~ City of Denton, Texas; thr~ Bifkholf, Hendrir. Jm & Conway, L.I_P., DM, Texas Quality Control Services, Nodlt Loop 268 Elevated 8tornge Tank, Denton, Texas Pa~e I of 2 ESnU~TEO ................. QUANTITY UNIT TOTAL FOUNDATION PIER8 ITEM ELEVATED STORAGE TANK (Fu. m inapec~km) 107 108 225a 225b 248 8~. h'.ti:x~r,'Tso rrfloi~* ~r/Tsohnlclan Cormmte oyl~tdem, clZlng and I~eakir~g Concrete cy~tndem, hold Field Concrete SJump Trip OIl~rges 10 iY $35.00 $350.00 16 ee $14.00 $224.00 0 ea $10.00 ' $o.00 Aa Required** N/C N/C 7 ea $25.00 $175.00 CONCRETE CONTROL - Structural - Footings, Slab, Pedeetal and Dome 107 Sr. Inepector/Tsohnk=ian* 144 hr 108 I~r/Tsohnician 22.6 hr 225a Concrete cytlndem, c~lng and breaking 96 ea 225b Concrete Gylindera, hold 0 ee 235 Field concrete Slump As Required** 236 Field Air corttent A.s Required** 248 Trip Charges 25 ee ~45.00 $6,480.00 $35.00 $787.5O $14.00 $1,344.00 $1o.oo $o. oo Sq'RUCTURAL STEEL INSPEC1]ON '109a Steel trtspe~ Field) 109d 8teal ~nspe~tc~, X-ray 109e Steel ~, Paint Inspection 248 Trip Charges 1 Inv. cost + 15% $1,000.00 1 Inv. cost + 15% $4,6(X).00 20 ea $25.00 $,600.00 ASSOCIATED CONSTRUCTION (Roadway, Fence, Utilities, Etc.) EARTHWORK 108 Ir'--,pector/l'echnician eo hr $35.00 222c Optimum Moisture, Standard Compaction, racy soil 3 ee $115.00 222d Optimum Moisture, Standard Co~n, soil & lime 2 ee $135.00 231 Field Der.~ity Tests 80 ee 24a Tdp Charges 20 ee $25.00 CONCRETE TESTING (Paving and Flatw~) 108 Inspector/Technician* 225a Concrete cylinders, ctzin9 and breaking 225b concrete cylinciem, how 235 Field concrete Slump 236 Field Air Con~nt 248 Trip Charges 32 IY =r~35.00 $1,1~).00 32 ee $14.00 $448.00 0 aa $10.00 $0.00 As Required** N/C N/C AS Required** N/C N/C 8 ee $25.00 $200.00 MORTAR 107 8~. Inq3e<~tor/Tsohnicien 0 hr $4&00 $0.00 233c Idort~ Cubes, cuing and breaking 0 ea $12.00 $0.00 233d Grout Prieme 0 ee $16.00 248 Trip crarges .. 0 ee $25.00 $0.00 REPORT8 106 Quality Gontnd Manager 15 ~' $80.00 $1,200.00 103 Staff Support- draflJng, typing, etc. 8 ~ $45.00 $360.00 104 Reproduction, In house 1600 ea $0.15 $240.00 te[ephone (214) 941-3808 fax (214} 943-7645 235 Morgan Ave.. Dallas. Texas 75203.1088 HENLEY JOHNSTON & ASSOCIATES, INC. engineering geosdence consultants QUAUl'Y CONTROL PROPOSAL · AS HEEUED' ~NG - GOST Es/~MAi~ >- TO: FOR: ITeM NO. ITEM CONSULTATION AND CONFERENCES Prb~ Query Con~ Ma~g~ Other Direct Expens~ 11 January 2~002 City of Denton, Texas; thru: Birkhaff, Hendriclm & Core,W, LLP. Dh]las, T_~___=.~_ Quality Co;.h-~ Sewir. es, Norlh Loop ~B8 ElevalmJ Storage Tan~ Denton, Texa~ Pime 2of2 E~'rlIk~ATED QUANTIIY UNIT TOTAL 0 hr $110.00 $0.00 o hr $8o.oo $o. oo · 0 Inv Coat + 15% ~,0.00 ESTIMATED PROJECT TOTAL * Rebar ~n Ir~luded. ** Ir~luded In Inspect~r/Technlclan time cha~ge~ QUAUFICATIONS: 1. 6ee Coveting Lettm. 2. Right of Entry eld eooeee to aJte to be Ira)dried by Client. 3. All requited Field 8uweyforveKioeJ and horizontal control will be determined by CleM. 4. Thb IM~gstk)n Involv~ Ckudity Oontml ~en4oee only;, no env~nmental stucllee of any n~ure &re included. 5. Client teCluired evotUme end weekend rate will be biled at 125 tlme~ the posted unit rstee. 6. All irrv~eea are due upon reeeil~ and payable wlNn 30 daye of date of Invoice. Quality Cormol Manage~ Henley-Johnston & Aseo~iates, Inc. ACCEPTED: DATE: telephone (214) 941-3808 fax (214) 943-7645 235 Morgan Ave.. Dallas. Texas 75203-1088 ORDINANCE NO. AN ORDINANCE OF 'THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECLrrE A FIRST AMENDED pROFESSIONAL SERVICES AGREEMENT WITH BIRKHOFF, HENDRICKS & CONWAY, L.L.P. (FORMERLY SHIMEK, JACOBS & FINKLEA, L.L.P.), FOR ENGINEERING SERVICES PERTAINING TO THE CONSTRUCTION PHASE AND FOR MATERIALS TESTING REGARDING THE CITY OF DENTON NORTHWEST SERVICE AREA ELEVATED WATER STORAGE TANK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to continue to engage the finn of Birkhoff, Hendricks & Conway, L.L.P. (formerly known as Shimek, Jacobs & Finklea, L.L.P.), a Limited Liability Partnership, of Dallas, Texas ("BH&C"), to provide further professional engineering services to the City pertaining to the construction phase and for materials testing; together with thc previously authorized preparation of construction plans and specifications contained in the Professional Services Agreement ("Agreement") for the City's Northwest Service Area Elevated Water Storage Tank; and WHEREAS, the City Council on September 26, 2000 enacted Ordinance No. 2000-353, which approved the City entering into the original Professional Services Agreement of even date therewith; now there is a need for further professiono! services in the construction phase of the Project; and these additional services are specifically set forth in the terms of the First Amended Professional Services Agreement ("First Amendment''); and WHEREAS, the City staff haz reported to the City Council that there remains a substantial need for the above-described professional services, and that limited City staff cannot adequately perform the services and tasks with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and q~_ml_ifications, and for a fair and reasonable price; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as sct forth in the First Amendment to Professional Services Agreement; NOW, THEREFORE, THE COUNCIL OF THE crrY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute a First Amendment to Professional Services Agreement with Birkhof~ Hendricks & Conway, L.L.P., of Dallas, Texas, for additional engineering services pertaining to the construction phase and for materials testing for the City's Northwest Area Elevated Water Storage Tank, in substantially the form of EXHIBIT IV the First Amendment to Professional Services Agreement attached hereto and incorporated herewith by reference. SECTION 2: That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of BH&C and the ability of BH&C to perform the professional services needed by the City for a fair and reasonable price. SECTION 3: That the expenditure of funds as provided in the attached Professional Services Agreement is hereby confirmed; additionally that the First Amendment, providing for thc expenditure of au additional $43,228.50 in funds is hereby authorized, totaling $76,828.50. SECTION 4: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Do~ummts\Ordinanc~s~02~Bh-khoff H~ndricks & Conway LLP-Engr-NW Water Twr-First Arn~d PSA,do~ £ OUNTY OF BENTON AGREEM E N T FO~. PltO FESS ~ONA L SERVi{CES 530,028.50. as provided by arid m a~:ccrdsrsc ~¥ifh An:i<.k', ~l~ of thc Agr'cemem [tm:p,-su, m a,mou:nt; ef 8~$6800 rcp:l?esenhn~ a.n; add:i6o~a.l $}~3 20{} o(' con~peasaiio ~ 2002 {,ITT 0 F D ENT()'N~ TEXAS ATTEST: I't~:RBk:R'.!' L, P:B:OL,'~'Y~ c,r'IY B'3": ............. .............. z::~:, ................ :...=,;_: 1 2 3 4 5 6 DRAFT PUBLIC UTILITIES BOARD MEETING MINUTES March 4, 2002 9:00 A.M. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, March 4, 2002 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. PRESENT: Dick Norton, George Hopkins, Charldean Newell, Jim Wilson, Don White and Bill Cheek EX OFFICIO MEMBERS Mike Conduff, City Manager Howard Martin, Assistant City Manager EXCUSED: Dick Smith ITEMS FOR INDIVIDUAL CONSIDERATION: 4) Consider approval of the Amendment to the Professional Services agreement with Birkhoff, Hendricks & Conway, L.L.P. for construction phase services for the Northwest Service Area Elevated Storage Tank. Fisher also presented this item. He began his presentation by explaining that Shimek, Jacobs, & Finklea, L.L.P. have changed their company name to Birkhoff, Hendricks, and Conway, L.L.P. (B H& C). When this project first came before the PUB, the proposal was for approximately $96,000. The PSA provided engineering services through the design and bidding stages of the project, but did not include provisions for any inspection or material testing during construction. The original PSA was authorized for a total amount of $33,600. Fisher explained that the fa'st component of this amendment is to expand the consultant's role to take a greater administrative responsibility for change orders and pay estimates. The second component of the amendment would allow for inspection and materials testing during construction. B H & C has offered the services of a subcontractor to provide these services with a multiplier of 1.0. Typically these subcontracted services a'e provided using a 1.15 multiplier. 1 EXHIBIT VI 1 2 3 4 5 6 7 8 Fisher commented that Staff now feels it is in the best interest of the City of Denton to amend the PSA to increase the construction phase services by a total amount of $13,200 and to include the materials testing and inspection services during construction that were not included in the original PSA for an additional $30,028.50 Wilson moved to approve Agenda Item #4, with a second from Cheek. The motion was approved unanimously. Agenda 02-010 Item 11 3/26/02 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: March 26, 2002 Fire Jon Fortune, Assistant City Manager-Public Safety and Transportation SUBJECT Consider adoption of an ordinance approving an interlocal ambulance agreement between the City of Denton and the City of Northlake for ambulance services; and declaring an effective date. BACKGROUND This will be the first year that the City of Denton has contracted with the City of Northlake to provide ambulance services. The City of Denton currently contracts with four other area small cities to provide ambulance services under agreements similar to this agreement. The agreement states that the City of Denton will provide emergency medical services to persons residing in the corporate limits of Northlake, which is also served by the Argyle Volunteer Fire Department. As part of this agreement, Northlake understands that Denton shall have the sole right and discretion to determine the following: a) Whether or not to respond to a request for medical emergency service; b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; c) The order in which to respond to a request for emergency medical service; d) The time in which to respond to a request for emergency medical service The City of Northlake agrees to pay the City of Denton $4,500.00 for fiscal year 2001-2002 in exchange for the provision of emergency medical services. In addition to the service fee paid by Northlake, the City of Denton may charge and collect from persons provided emergency medical services the patient fees established by ordinance of the City of Denton. FISCAL INFORMATION The prescribed fees in the agreement are calculated to recover a portion of the costs of the services rendered to the City of Northlake for emergency medical service. EXHIBITS 1. Ordinance 2. Interlocal Ambulance Agreement Prepared by: Debbie Beyea Management Assistant Respectfully submitted: Ross Chadwick Fire Chief ORDINANCE NO. AN ORDFNANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON ANT) THE CITY OF NORTHL~ FOR AJdBULANCE SERVICES; AND DECLARI~ JG AN :EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HE.BY ORDAINS: SECTION 1. That the City Council of the City of Denton hereby approves an Interlocal Agreement for ~bulance Service between the City of Denton and the City of Northlake, a copy of which is attached hereto and incorporated by reference herein, and the Mayor, or in her absence the Mayor Pro Tem, is hereby authorized to execute said Agreement on behalf of the City. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,, 2001. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HE~ERT L. PROUTY, CITY ATTORNEY BY:¸ S:\Our Documents\Contracts\Ol~anlbulance contract -no~lhlak¢.doc INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF NORTHLAKE The City of Denton currently provides emergency medical services to the citizens of Denton. The City of Northlake would like to contract with the City of Denton to receive emergency medical services for its citizens in the area of Northlake serviced by the Argyle Volunteer Fire Department. Pursuant to Chapter 774 of the Tex. Health and Safety Code (Vernon 1992) and the Interlocal Cooperation Act, Tex. Gov't Code Ann. §791.001, et seq., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. WHEREAS, both the City of Denton and the City of Northlake have the authority to perform the services set forth in this Agreement individually and in accordance with Tex. Gov't Code Ann. §791.011(c)(2); and WHEREAS, the City of Northlake will make all payments for services out of available current revenues and the City of Denton agrees that the payments made by the City of Northlake hereunder will fairly compensate it for the services performed; NOW, THEREFORE, WITNESSETH Agreement This Agreement is made on the .].~ day of of Denton, Texas ("Denton"), and the City ofNorthlake ("Northlake"). ,2001, between the City The parties agree as follows: 1. Definitions. Emergency Medical Services or E.M.S_ means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to a portion of Northlake. Denton shall provide emer- gency medical services to the area of Northlake that the Argyle Volunteer Fire Department agreed to provide services to in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the areas of the corporate limits of Northlake that receive services from the Argyle Volunteer Fire Department shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Northlake understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Northlake, to determine: S:\Our Docura cnts\Contr acts\O 1 ~ambul ance contract-northlake.doc (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergency medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medical services to Northlake, Northlake agrees to pay to Denton the sum of $4,500.00 for fiscal year 2001-2002. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Northlake during any period of time Northlake is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Northlake, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton. 6. Governmental Immunity Not Waived. Neither Denton nor Northlake waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one-year increments, beginning on October 1, 2001 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agreement at any time without cause by giving 90 days advance notice in writing to the other, specifying the date of termination. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Northlake shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: City Manager City of Denton 215 E. McKinney Denton, Texas 76201 Mayor City of Northlake P.O. Box 729 Northlake, Texas 76247 Page 2 of 4 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party, 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. 12. Venue. Venue of any suit or cause o:f action under this Agreement shall lie exclusivel.y in Denton County, Texas: This Agreement Shall be construed in accOrdance with the laws of the State of Texas, EXECUTED on the ? ,~ day of CITY OF DENTON, TEXAS BY: EULINEBROCK,~YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FO~: iHERBERT L. PROUTY, CITY ATTORNEY BY: CITY OF NORTHL~E BY: MAYOR Page 3 of 4 · S:\Our D~uments\Conuac~s\Ol~mbulancc contract-nonhlake~doc Page 4 of 4 Agenda 02-010 Item 12 3/26/02 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: March 26, 2002 Electric Utility HOward Martin} 349-8232 SUBJECT: An Ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement in the form of Task Orders No. 02-A and 02-B with R. J. Covington Consulting, LLC, for Regulatory Services and 2002 Transmission Cost of Service and Earnings Report Filings Relating to Overall Restructuring Implementation for Denton Municipal Electric; authorizing the expenditure of funds therefore; and providing an effective date. BACKGROUND: Task order 02-A For the past six years, it has been the practice of Denton Municipal Electric (DME) to maintain a daily services contract with R. J. Covington, initially as an employee of Resource Management International followed by contracting with his independent consulting firm. Mr. Covington and his firm have provided a variety of analytical and strategic planning support to DME over this period in areas such as: · Development of strategic options · Gas price forecasts · Assistance in financial and technical model development · Drafting of contracts and agreements · RFP development · Technical support for state legislative efforts · Review and analysis of TMPA financial records · DME load analysis · Support for DME Public Utility Commission of Texas (PUCT) filings · Representation of DME at ERCOT committee and stakeholder meetings The existing DME staffis unable to perform all of these types of tasks either because of workload or lack of expertise. In addition, Mr. Covington's location in Austin provides a cost effective way to access data located in Austin, such as PUCT records and filings by other electric utilities, provides him access to information sources not available to staff isolated in Denton, and makes it possible for DME to be represented in strategy sessions with other municipal utilities that are held in Austin. Since the passing of SB 7, Mr. Covington's firm, working in coordination with DME and Garland staff members, has been critical in providing coverage of the large number of Austin based Electric Reliability Council of Texas (ERCOT) and PUCT committees, workshops and projects that have determined the initial the operational structure of the new retail deregulated marketplace and continue to modify that structure. It is clear that failure of DME to participate effectively in these activities will result in development of a market model harmful to the interest of smaller players such as DME, and may result in changes to he wholesale supply system that reduce reliability of the ERCOT system. The protocols developed to define the operation of the deregulated electric marketplace have been filed with the Public Utilities Commission of Texas for review and approval. During this review process, parties have raised over 170 issues they believe must be changed in the design. Most of these changes are now be examined through a stakeholder protocol review process. In addition the PUC staff continues to try to force changes in the established protocols. Many of these proposed changes will have a negative effect on DME's ability to operate effectively in the new market. DME needs all the resources possible to maintain the positions it has negotiated so far. Some of the major issues under discussion include: Retention by the TMPA cities of cost effective transmission rights sufficient to move Gibbons Creek energy to the northern cities. Fees that should be paid by opt out utilities including ERCOT operation fees and BENA charges. Balanced scheduling requirements · Reserve margin/generation adequacy requirements and cost allocation of those requirements · Frequency performance of the ERCOT system · Ancillary services requirements and pricing of those requirements The projected price of natural gas will be critical in the quarterly development of ECA rate recommendations, DME annual budgets, and tong term strategic plans for DME power supply. DME desires to have the option to seek independent expert advice regarding the performance of the natural gas market. A member of Mr. Covington's staff has a strong background in the natural gas industry and can provide such advice. Task Order 02-B DME has made significant transmission system investment since its initial 1996 Transmission Cost of Service (TCOS) filing. In order to earn a return on that investment, a new TCOS filing must be made. Beginning last year, DME is also required to file an annual transmission earnings report with the PUC. In FY 01 Task Order 01-A, for an mount not to exceed $80,000, was established with RJC for the purpose of working with DME's senior rate analyst to complete the 2001 transmission earnings report and a new TCOS filing. A copy of the February 5, 2001 PUB Agenda Information Sheet that provides the background on this issue is attached. Due to several accounting issues combined with errors found in the original 1996 TCOS filing, development of the transmission earnings report was much more complicated than expected. Initially it was not possible to reconcile the Denton financials (CFR) to actual transmission expenditures recorded in DME's FERC accounts. This was found to be due to the fact that the CFR was based in encumbered amounts rather than actual expenditures. The PUC requires use of actual expenditures but would have been confused by the lack of correspondence between the expenditure numbers and the data shown in the City CFR. In addition, RJC had to do much more of the work than expected due to loss of DME's senior rate analyst. As a result ofthese problems the transmission earnings report was not completed until very close to the end of FY01. Since it made very little sense to develop a TCOS filing on year old data, the TCOS filing was postponed from FY01 to FY02. To date, $30,000 of the FY01 funds encumbered for Task Order 01-A remains unspent. Task Order 02-B will authorize $43,800 of FY02 funds for completion of this project for a total of $73,800. Since the DME senior rate analyst has not been replaced at this time, it is expected that RJC will perform the majority of the work associated with this effort. OPTIONS: Task Order 02-A 1. Continue to use RJC's services 2. Reduce DME participation in thc development of thc Texas electric market design. Rely totally on DME staff for financial modeling, and natural gas price forecasting. Task Order 02-B 1. Utilize RJC's services to complete the Annual Earnings Report and TCOS filing. Reduce the Task Order to cover only the mandatory Annual Earnings Report and postpone the TCOS filing until mandated by the PUC. RECOMMENDATIONS: DME recommends the continuing use of Mr. Covington's fu'm for the tasks outlined in Task Order 02-A and 02-B. PRIOR ACTION/REVIEW (Council~ Boards, Commission): The Pubhc Utilities Board recommended approval of this item at its March 4, 2002 meeting by a vote of 6 to 0 with one member absent. FISCAL INFORMATION: Task Order 02-A not to exceed $100,000. Task Order 02-B not to exceed $43,800 EXHIBITS 1. February 5, 2001 PUB Agenda Information Sheet 2. Ordinance 3. Task Order 02-A 4. Task Order 02-B 5. Public Utility Board Minutes Respectfully submitted: Sharon Mays Director of Electric Utilities PUB AGENDA ITEM #2 PUBLIC UTILITIES BOARD AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: March 4, 2002 Electric Utility Howard Martin, 349-8232 SUBJECT Consider approval of Task Orders No. 02-A and 02-B with R.J. Covington Consulting, LLC, Austin, Texas, for various electric regulatory services and filings. BACKGROUND Task Order 02-A For the past six years, it has been the practice of Denton Municipal Electric (DME) to maintain a daily services contract with R. J. Covington, initially as an employee of Resource Management International followed by contracting with his independent consulting firm. Mr. Covington and his firm have provided a variety of analytical and strategic planning support to DME over this period in areas such as: · Development of strategic options · Gas price forecasts · Assistance in financial and technical model development · Drafting of contracts and agreements RFP development · Technical support for state legislative efforts Review and analysis of TMPA financial records · DME load analysis Support for DME Public Utility Commission of Texas (PUCT) filings · Representation of DME at ERCOT committee and stakeholder meetings The existing DME staff is unable to perform all of these types of tasks either because of workload or lack of expertise. In addition, Mr. Covington's location in Austin provides a cost effective way to access data located in Austin, such as PUCT records and filings by other electric utilities, provides him access to information sources not available to staff isolated in Denton, and makes it possible for DME to be represented in strategy sessions with other municipal utilities that are held in Austin. Since thc passing of SB 7, Mr. Covingtoffs firm, working in coordination with DME and Garland staff members, has been critical in providing coverage of the large number of Austin EXHIBIT 1 based Electric Reliability Council of Texas (ERCOT) and PUCT committees, workshops and projects that have determined the initial the operational structure of the new retail deregulated marketplace and continue to modify that structure. It is clear that failure of DME to participate effectively in these activities will result in development of a market model harmful to the interest of smaller players such as DM_E, and may result in changes to he wholesale supply system that reduce reliability of the ERCOT system. The protocols developed to define the operation of the deregulated electric marketplace have been filed with the Public Utilities Commission of Texas for review and approval. During this review process, parties have raised over 170 issues they believe must be changed in the design. Most of these changes are now being examined through a stakeholder protocol review process. In addition the PUC staff continues to try to force changes in the established protocols. Many of these proposed changes will have a negative effect on DME's ability to operate effectively in the new market. DME needs all the resources possible to maintain the positions it has negotiated so far. Some of the major issues under discussion include: · Retention by the TMPA cities of cost effective transmission rights sufficient to move Gibbons Creek energy to the northern cities. · Fees that should be paid by opt out utilities including ERCOT operation fees and BENA charges. · Balanced scheduling requirements · Reserve margin/generation adequacy requirements and cost allocation of those requirements · Frequency performance of the ERCOT system · Ancillary services requirements and pricing of those requirements The projected price of natural gas will be critical in the quarterly development of ECA rate recommendations, DME annual budgets, and long-term strategic plans for DME power supply. DME desires to have the option to seek independent expert advice regarding the performance of the natural gas market. A member of Mr. Covington's staff has a strong background in the natural gas industry and can provide such advice. Task Order 02-B DME has made significant transmission system investment since its initial 1996 Transmission Cost of Service (TCOS) filing. In order to earn a return on that investment, a new TCOS filing must be made. Beginning la,5. t year, DME is also required to file an annual transmission earnings report with the PUC. In FY 01 Task Order 01-A, for an amount not to exceed $80,000, was established with RJC for the purpose of working with DME's senior rate analyst to complete the 2001 transmission earnings report and a new TCOS filing. A copy of the February 5, 2001 PUB Agenda Information Sheet that provides the background on this issue is attached. Due to several accounting issues combined with errors found in the original 1996 TCOS filing, development of the transmission earnings report was much more complicated than expected. Initially it was not possible to reconcile the Denton financials (CFR) to actual transmission expenditures recorded in DME's FERC accounts. This was found to be due to the fact that the CFR was based in encumbered amounts rather than actual expenditures. The PUC requires use of actual expenditures but would have been confused by the lack of correspondence between the expenditure numbers and the data shown in the City CFR. In addition, RJC had to do much more of the work than expected due to loss of DME's senior rate analyst. As a result of these problems the transmission earnings report was not completed until very close to the end of FY01. Since it made very little sense to develop a TCOS filing on year old data, the TCOS filing was postponed from FY01 to FY02. To date, $30,000 of the FY01 funds encumbered for Task Order 01-A remains unspent. Task Order 02-B will authorize $43,800 of FY02 funds for completion of this project for a total of $73,800. Since the DME senior rate analyst has not been replaced at this time, it is expected that RJC will perform the majority of the work associated with this effort. At present, DME has Mr. Covington's firm under contract for the following additional services: 1. Daily Services - $60,000 ($16,833.25 remaining as of 1/18/02, balance expected to be expended by the time Council approval is obtained for Task Order 02-A) 2. Rate Design - $12,000 ($I2,000 remaining) OPTIONS: Task Order 02-A 1. Continue to use RJC's services 2. Reduce DME participation in the development of the Texas electric market design. Rely totally on DME staff for financial modeling, and natural gas price forecasting. Task Order 02-B 1. Utilize RJC's services to complete the Annual Earnings Report and TCOS filing. 2. Reduce the Task Order to cover only the mandatory Annual Earnings Report and postpone the TCOS filing until mandated by the PUC. RECOMMENDATIONS: DME recommends the continuing use of Mr. Covington's firm for the tasks outlined in Task Order 02-A and 02-B. FISCAL INFORMATION: Task Order 02-A not to exceed $100,000. Task Order 02-B not to exceed $43,800 EXHIBITS: 1. February 5, 2001 PUB Agenda Information Sheet 2. Task Order 02-A 3. Task Order 02-B Respectfully submitted: Sharon Mays Director of Electric Utilities ORDINANCE NO. AN ORDINANCE OF 'THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN THE FORM OF TASK ORDERS NO. 02-A AND 02-B WITH R. J. COVINGTON CONSULTING, LLC, FOR REGULATORY SERVICES AND 2002 TRANSMISSION COST OF SERVICE AND EARNINGS REPORT FILINGS RELATING TO OVERALL RESTRUCTURING IMPLEMENTATION FOR DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to continue to engage the firm of R. J. Covington Consulting, LLC of Austin, Texas ("Covington"), to provide consulting services to the City relating to Denton Municipal Electric, including, without limitation, regulatory services and 2002 transmission cost of service and earnings report filings, regarding overall electric resmactudng implementation; and WHEREAS, on the 20th day of February, 2001, the Council approved a Professional Services Agreement with Covington, enacting Ordinance No. 2001-084, that provided for the addition of various Task Orders, as needed by Denton Municipal Electric, until December 31, 2002, as were approved by the Public Utilities Board ("PUB") and the Council; and Task Orders 02-A and 02-B have been approved by the PUB and are hereby approved by the Council; and WHEREAS, the City staffhas reported to the City Council that there is a substantial need for the above-described professional services, and that limited City staff cannot adequately perform the services and tasks with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in the Professional Services Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute a Professional Services Agreement in the form of Task Orders No. 02-A and 02-B with R. J. Covington Consulting, LLC, of Austin, Texas, for profemsional consulting service~ relating to Denton Municipal Electric in the area of regulatory services as well as overall restructuring services, in substantially the form of the Task Orders No. 02-A and 02-B attached hereto and incorporated herewith by reference. EXHIBIT 2 SECTION 2: That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of Covington and the ability of Covington to perform the professional services needed by the City for a fair and reasonable price. SECTION 3: That the expenditure of funds as provided in the attached Professional Services Agreement, as manifested by additional Task Orders 02-A and 02-B, in the amount of not to exceed an additional $143,800, are hereby authorized. SECTION 4: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ....... ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documents~Ordinances~02\Coving~on Consulting LLC PSA-DME-TO 02~A and 02-B Or&doe FURTHER ATTACHMENT TO PROFESSIONAL SERVICES AGREEMENT DATED FEBRUARY 20, 2001 · BETWEEN THE CITY OF DENTON AND R.J. COVINGTON CONSULTING, LLC TASK ORDER NO. 02-A Regulatory Services This Attachment is an additional Task Order contemplated by and appended to the Professional Services Agreement entered into by and between the City of Denton, Texas and 1LJ. Covington Consulting, dated February 20, 2001, and approved by the City Council by Ordinance No. 2001-084. Tasks provided for in this Attachment are directed at assisting the City staff (Staff) in areas associated with the continuing restructuring of the electric industry in Texas. As restructuring regulatory and operating role changes are addressed at the Public Utility Commission of Texas ('~PUC") and at the Electric Reliability Council of Texas ("ERCOT"), Richard J. Covington Consulting, LLC ("RJC") wilt report on these activities and will participate in representing the City on those issues that may affect the City. RJC will also assist Staff by providing technical analysis and assistance in addressing competitive issues requiring attention. Following is an overview of each of the primary areas of services to be provided under this Task Order. Regulatory Support at PUC and ERCOT The scope of services in Tasks A and B includes continuing participation at the PUC and at ERCOT on issues affecting the City. During the first part of 2002, critical issues that currently require attention include: 1) continuing to protect the City's grand-fathered congestion management rights that are under attack by the PUC staff in Docket 24770; 2) commencement of initiation of direct assignment of intra-zonal congestion; 3) addressing the ERCOT administrative fee in Docket 23320; 4) the allocation of Balancing Energy Neutrality Adjustment charges and revenues; 5) PUC review of the relaxing of requirements for QSE's to submit balanced schedules and the impact on Non-Opt-In Entities; 6) investigation into generation adequacy in ERCOT and how the cost of reserves will be spread begin market participants; 7) transmission pricing for 2001 and 2002; 8) transmission pricing for 1997 - 1999; 9) other continuing changes in the ERCOT Protocols and the PUC Substantive Rules. As the restructuring legislation is transformed into new roles and operating protocols, issues will continue to arise that can substantially affect the City's cost of doing business. EXHIBIT 3 Task Order 02 -A Regulamry Services PJC effectively works with Staff and the City's attorneys to provide notification, evaluation and intervention as needed to protect the City's interest. These and other regulatory related activities will directly and indirectly affect the City's municipal electric system and its ability to contribute to the funding of City operations. Monitoring Activities and Technical Support Tasks C and D allow RJC to au~mnent Staff's efforts to process the wide range of information that is needed to keep up with activities at the PUC and ERCOT and to support staff in addressing the many issues that arise as the market changes. In addition to reporting on on-going activities at the PUC and ERCOT, RJC will provide technical assistance to analyze and evaluate the impact on the City of various competitive issues. This support includes addressing customer rate issues, competitive pricing questions, service area and business practices issues, issues related to TMPA, issues related to the City's wholesale power supply agreement, and other issues to assist Staff in responding to issues raised by customers, the Public Utility Board, and by the City Council. Following is a detail list of services to. be provided under this Task Order. Scope of Services Task A PUC Regulatory Suuoort Task A-1 Attending Workshops And Hearings At PUC 1. RJC will stay informed on activities at the PUC and will attend workshops and heari~.gs as needed. '2. When appropriate, RJC will participate in workshops and hearings to represent the interests of City based on directions of Staff. 3. RJC will Work with Staff in developing positions that should be taken and strategies for working with parties involved. Task A-2 Analyze Proposed Rules and Policies 1. Proposed new roles and rule changes fi.om the PUC will be analyzed. 2. RJC will discuss proposed new roles, and changes to existing roles with Staff and legal counsel, helping to identify areas of concern and preparing positions that represent the interests of the City. 3. RJC will meet with PUC staff and other parties as appropriate to discuss proposed roles, and present the City's concerns regarding such proposals. 2 oI~5 Task Order 02-A Regulatory Services Task A-3 Preparation of Comments 1. RJC will prepare',or assist in preparing comments to be filed with the PUC representing the City's position on issues brought up in proposed roles, projects and dockets. 2. These comments will be coordinated through Staffand the City's legal team. 3. RJC will assist the City's legal team as necessary in the preparation and filing of comments and testimony in dockets that have been identified by Staff as requiring intervention to protect the City's interest. Task B Assistance With ERCOT Task B-1 Attending Committee and Working Group Meetings At ERCOT 1. RJC will stay informed on activities at the ERCOT Independent System Operator (ISO) and will attend meetings as directed. 2. RJC will participate in discussions in meetings to represent interests of City based on directiom of Staff. 3. RJC will work with Staff in developing positions that should be taken and strategies for working with other ERCOT stakeholders. Task B-2 Analyze Proposed Policies and Protocols 1. Proposed new policies and protocols from the ISO will be analyzed. 2. RJC will review proposed protocols with Staff, to identify areas of concern and prepare responses that represent the position of the City on the issues before the committees. 3. RJC will meet with ERCOT stall'and other stakeholders to discuss proposed protocols, and negotiate reconciliation of concerns. Task B-3 Preparation of Comments 1. RJC will prepare or assist in preparing whim-papers and comments to be submitted to the committees and be prepared to present such papers to represent the City's position on issues. 2. These papers and comments will be coordinated through Staff and when necessary, the City's legal team. Task Order 02-A Regulatory Serv/ces Task C Provide StaffWith Technical Assistance On Competitive Issues Task C-1 Technical Assistance 1. RJC will work with Staff as requested to review DME models and assist in making changes to models to reflect changing market and operating conditions. 2. RJC will discuss with and be available to Staffto assist in special projects to evaluate impacts of changes in customers rotes, the effect of competition on customer related issues, and special analyses related to business practices that may affect DlVlE's competitive position. 3. RJC will provide, as directed, technical support to help quantify impact of issues affecting DME. Examples of such issues may include: 1) issues associated with TMPA; 2) issues associated with the Transition Power Agreement; 3) analysis of opt- in versus opt-out issues; 4) load management and energy efficiency measures; 5) retail rote issues; 6) load forecasting. Task C-2 Industry Monitoring and Evaluation 1. RJC will have continuing communication with Staff and the City's legal team in order to monitor proposed industry changes and address those issues affecting municipalities. 2. An on-going dialogue will' be maintained with Staff and the legal team in order to evaluate changing operating and market requirements and conditions, and evaluate potential effects on City operations. 3. Information necessary to supplement and support the decision-making process will be provided as requested. 4. A summary of activities at the PUC and ERCOT will be provided weekly. Budget RJC and the City agree that RJC shall not exceed an amount of $i00,000 for labor and out-of-pocket expenses. This amount will not be exceeded without the prior written approval of the City. RJC will bill the City monthly with supporting documentation of activities performed. The termination date of this Task Order shall be on the earliest to occur of the following events: December 31, 2002; or the exhaustion of the $100,000 amount provided for herein; or upon fifteen (15) days written notice to terminate, issued by the Director of Electric Utilities, DME. The work being performed will be under the supervision of the Director of Electric Utilities, DME, and may be modified at any time upon appropriate notice to RJC. Task Order 02-A Regulatory Services EXECUTED in four (4) original counterparts by a duly authorized officer of PJC and by a duly authorized officer of the City on this the day of March, 2002. AUTHORIZED BY: CITY OF DENTON, TEXAS ACCEPTED BY: R.I. COVINGTON CONSULTING, LLC By:. Michael A. Conduff City Manager President Dated: Dated: ATTEST: JENNIFER WALTERS, CiTY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY SSDur Doeumenu~Contrae~02~Covinglon Task Order 02-A DME.doe FURTHER ATTACHMENT TO PROFESSIONAL SERVICES AGREEMENT DATED FEBRUARY 20, 2001 ' BETWEEN THE CITY OF DENTON AND R.J. COVINGTON CONSULTING, LLC TASK ORDER NO. 02-B 2002 Transmission Cost of Service and Earnings Report Filings This Attachment is an additional Task Order contemplated by and appended to the Professional Services Agreement entered into by and between the City of Denton, Texas and R.J. Covington Consulting, dated February 20, 2001, and approved by the City Council by Ordinance No. 2001-084. Work provided for in this Task Order is for R.J. Covington Consulting, LLC ("RJC") to assist the City in the development and filing of a year 2002 tran.qmission cost of service study ("TCOS") and the filing of the Annual Earnings Report with the Public Utility Commission of Texas ("PUC"). Background RJC prepared and filed with the PUC the Annual Earnings Report for 2001 as~part of the scope of services under Task Order 01-A. During that filing, RJC reco~ized issues that · needed to be addressed before a TCOS was filed. 1LIC worked with Staff and the City accounting department to address these issues. It was determined through this process, that the TCOS filing should be postponed until after the end of the fiscal year in order to base the TCOS test year on more recent cost information. This Task order is to re-establish the budget needed to prepare, file and defend the TCOS in 2002 and to prepare and file the Annual Earnings-Report for 2002. The TCOS filing is necessary because of the City's increased investment in transmission facilities and the need to recover those costs through the ERCOT transmission facilities charges. The services performed by RJC will include assistance in the preparation of testimony to support the filing and testifying on issues as directed by City Staff. RJC will work with the City in responding to Requests for Information ("RFI's") during the discovery phase of the process, and will work the Staff and the City's attorneys during the hearings to defend the City's position against other parties and the PUC staff. RJC will also prepare and work with City's legal counsel to file the Annual Earnings Report for 2002. RJC will update the filing schedules fi:om the 2001 filing to include the 2001 fiscal year financial and operating results and update the TCOS information based on the current TCOS case being prepared. EXHIBIT 4 Task Order No. 02-B 2002 T~sion Cost of Service and Earnings R~ort Filing Scope of Services Task A Analyze Return Comoonent Alternatives For TCOS Filing RJC will review and analyze the Schedule C alternatives available to the City which include: a. Cash flow method b. Rate ofretum method c. Debt service method Meet with legal coun.~el to discuss strategies for each approach. Task B Prepare TCOS Filing Schedules RJC will prepare filing schedules needed based on latest approved PUC TCOS rate filing package instructions. Work with staff to coordinate gathering of data and filling out of schedules for fiscal year 2001 historic test year. Review all schedules for completeness. Task C Preparation of TCOS Testimony 2. 3. 4. RJC will prepare pre-filed testimony on use of cash flow method. Prepare exhibits for testimony. Review testimony of other City witnesses and provide comments. Work with attorneys to complete rate filing package and file at PUC. Task D TCOS Filing Discovery. RJC will review all RFI's sent to City and assist in determining best person to respond. Work with attorneys and staff to respond to RFI's from PUC and other parties, being sure that responses are consistent with filing. If needed, RJC will prepare RFYs to serve on other parties to assist in evaluation of other party's positions and gather information needed for cross examination of witnesses. Task E TCOS Hearings i. RJC will review testimony and exhibits filed by PUC staff and other parties. Task Order No. 02-B 2002 Transmission Cost of Service and Earnings Report Filing 3. 4. 5. 6. 7. 8. 9. Evaluate impacts of alternative positions of other parties. Prepare rebuttal testimony and file. Assist attorneys in preparing cross of PUC staff and other parties. Attend hearings and present direct testimony. Assist attorneys in preparing briefs. · Review ALJ Preliminary Order, & assist attorneys in filing exceptions. . Review Final Order and other documents. Rework numbers for Final Order. Task F Prenaration of 2002 Annual Earnings Report 1. RJC will update Earnings Report schedules for fiscal year 2001. 2. The historic TCOS will be updated based on status of 2002 TCOS filing. 3. RJC will work with legal co.n.qel to file the report with the PUC. 4. RJC will respond to questions from PUC staff as necessary. Budeet The not-m-exceed mount for the above scope of services for both labor and out-of- pocket expenses is $43,800. The actual costs may vary based on the level of intervention from other parties in the TCOS filing. This budget wilt not be exceeded without prior written approval of the City. RJC will bill monthly with supporting documentation of activities performed. The termination date of this Task Order shall be on the earliest to occur of the following events: December 31, 2002; or the exhaustion of the $43,800 amount provided for herein; or upon fifteen (15) days written notice to terminate, issued by the Director of Electric Utilities, DME. The work being performed will be under the supervision of the Director of Electric Utilities, DME and may be modified at any time upon appropriate notice to RJC. EXECUTED in four (4) original counterparts by a duly authorized officer of RJC and by a duly authorized officer of the .City on this the __ day of March, 2002. AUTHORIZED BY: ACCEPTED BY: CITY OF DENTON, TEXAS R. J. COVINGTON CONSULTING, LLC By: By: Michael A. Conduff City Manager Richard J. Col~d~gton President 30.'4 Task Order No. 02-B 2002 Transmission Cost of Service and Earnings Report Filing Dated: ATTEST: JENNIFER WALTERS, crrY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: S:~Our DocurmntskConlrac~s~02~?~0vington Task Order 02-B DMF_..doc 1 2 3 4 5 6 DRAFT PUBLIC UTILITIES BOARD MEETING MINUTES March 4, 2002 9:00 A.M. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, March 4, 2002 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. PRESENT: Dick Norton, George Hopkins, Charldean Newell, Jim Wilson, Don White and Bill Cheek EX OffiCiO MEMBERS Mike Conduff, City Manager Howard Martin, Assistant City Manager EXCUSED: Dick Smith ITEMS FOR INDIVIDUAL CONSIDERATION: 2) Consider approval of Task Orders No. 02-A and 02-B with R.J. Covington Consulting, LLC, Austin, Texas for various electric regulatory services and filings. Sharon Mays, Director of Electric Utilities, presented this item. She explained that Task Order No. 02-A is an attachment to the Professional Services Agreement dated February 20, 2001 with R.J. Covington Consulting, LLC. This attachment is directed at assisting the City staff in areas associated with the continuing restructuring of the electric industry in Texas. As restructuring regulatory and operating role changes are addressed at the Public Utility Commission (PUC) and at the Electric Reliability Council of Texas (ERCOT), R.J. Covington Consulting, LLC 0UC) will report on these activities and will participate in representing the City on those issues that may affect the City. PJC will also assist staff by providing technical analysis and assistance in addressing competitive issues requiring attention. Task Order No. 02-B is for the development and filing of year 2002 transmission cost of service study (TCOS) and the filing of the Annual Earnings Report with the PUC. RJC worked with staff and the City Accounting Department to address these difficult and complex issues. Board member Bill Cheek asked how the procedure to buy gas is determined. Mays explained we no longer buy gas. However, the price Denton Municipal Electric (I)ME) EXHIBIT 5 1 2 3 4 5 6 7 8 9 10 11 pays PG&E is affected by gas price indexes. Therefore, DME needs to forecast gas prices in order to forecast our power purchase costs under the contract. Hopkins moved to approve Agenda Item #2, with a second from Newell. The motion was approved unanimously. White made reference to Mays previous statement that the City had no rate specialist at the present time. He asked if DME had weighed the cost of the consultant with the salary requirements for a full-time position. Mays responded that staff is still evaluating that possibility. Agenda 02-010 Item 13 3/26/02 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: March 26, 2002 Purchasing Questions concerning this acquisition may be directed to Sharon Mays 349-8487 Kathy DuBose, Fiscal and Municipal Services SUBJECT An Ordinance of the City of Denton, Texas authorizing the expenditure of funds for the payments by the City of Denton for Electrical Energy Transmission fees to those listed cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (Purchase Order 103406 to City Public Service in the amount of $61,692 and Purchase Order 103853 to American Electric Power Service Corp. in the amount of $137,240.25 for a total amount of $198,932.25). BID INFORMATION These purchase orders are for payment of a fee imposed by the Public Utility Commission of Texas (PUCT) for planned transmission services of energy delivered to the City of Denton. The Public Utility Regulatory Act of 1995 (PURA 95) required the development of a new, statewide mechanism for electric transmission service in Texas. PURA 95 also placed municipal utilities under the jurisdiction of PUCT for matters related to transmission. As a result, the Denton Municipal Electric Utility has been ordered by the PUCT to pay various other electric utilities in the State specific amounts. The subject purchase orders provide the City of Denton the authority required by the City Charter to make those payments. These purchase orders will encumber funds estimated as costs for services through September 30, 2002. No funds will actually be spent until invoices are received, reviewed, and approved. RECOMMENDATION We recommend approval of Purchase Order 103406 to the City Public Service in the amount of $61,692 and Purchase Order 103853 to American Electric Power Service Corp. in the amount of $137,240.25. PRINCIPAL PLACE OF BUSINESS City Public Service American Electric Power Service Corp. San Antonio, TX Columbus, OH FISCAL INFORMATION Funds to meet these regulatory fee obligations were budgeted in 2001-2002-budget account (600400.6072). Agenda Information Sheet March 26, 2002 Page 2 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: PO 103406 City Public Service Attachment 2: PO 103853- American Electric Power Service Corp. 1-AIS-Electrical Energy Transmission Fees $ 61,692.00 $137,240.25 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 103406 TO CITY PUBLIC SERVICE IN THE AMOUNT OF $61,692 AND PURCHASE ORDER 103853 TO AMERICAN ELECTRIC POWER SERVICE CORP. IN THE AMOUNT OF $137,240.25 FOR A TOTAL AMOUNT OF $198,932.25.) WHEREAS, in order to comply with the legislative requirements contained in the Utility Regulatory Act of 1995, for the payment for energy transmission services fees, the City of Denton is required to pay such fees imposed by the Public Utilities Commission of Texas to two listed utilities set forth in Exhibit "A": and WHEREAS, the City Manager has reviewed and recommended that the City Council approve and authorize the payment of such; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the expenditure of funds in the amount of $198,932.25 to be paid to the Listed Utilities in the specified amount shown on Exhibit "A", which is attached to and made a part of this ordinance for all purposes is hereby authorized. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: EULiNE BROCK, MAYOR 3-ORD-Electrical Transmission Fees EXHIBIT "A" PO 103406- City Public Service PO 103853- American Electric Power Service Corp. $ 61,692.00 $137,240.25 TOTAL $198,932.25 o~ uJ Attachment 1 Attachment 2 Agenda 02-010 Item 14 3/26/02 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: March 26, 2002 Purchasing Questions concerning this acquisition may be directed to Vance Kemler at 349-8444 Kathy DuBose, Fiscal and Municipal Services SUBJECT An Ordinance accepting competitive bids and awarding a public works contract for the construction of the new Solid Waste Facility; providing for the expenditure of funds therefore; and providing an effective date (Bid 2791 Solid Waste Facility awarded to Pharlap Construction, Inc. in the amount of $2,610,600). BID INFORMATION This bid is for the construction of a new Solid Waste Facility Operation and Administration Building, Maintenance Shop and Equipment Shed Enclosure. The project is located near the Denton Municipal Landfill on Foster Road. The project includes site improvements covering approximately 6.4 acres, a single story 12,500 square foot, steel framed structure with masonry and synthetic stucco exterior (Operation and Administration Building). Also included is 10, 400 square yards of reinforced concrete paving for truck parking and 5,100 square yards of asphalt pavement for employee parking. The maintenance building consists of a 3,400 square foot shop/equipment maintenance facility with a 20' x 30' shed type service enclosure. PRIOR ACTION OR APPROVAL The Public Utility Board considered this acquisition on March 18, 2002 and recommended approval. RECOMMENDATION We recommend this bid be awarded to the lowest responsible bidder, Pharlap Construction, Inc. in the amount of $2,610,600. PRINCIPAL PLACE OF BUSINESS Pharlap Construction, Inc. Denton, TX Agenda Information Sheet March 26, 2002 Page 2 ESTIMATED SCHEDULE OF PROJECT The project is quoted to be substantially complete in 295 calendar days after Notice to Proceed or approximately the first week in April 2003. FISCAL INFORMATION This new facility will be funded from the sale of Certificates of Obligation scheduled for April of 2002, the project number is (600-0200). Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AIS-Bid 2791 Solid Waste Facility ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE NEW SOLID WASTE FACILITY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2791-SOLID WASTE FACILITY AWARDED TO PHARLAP CONSTRUCTION, INC. IN THE AMOUNT OF $2,610,600). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 2791 Pharlap Construction, Inc. $2,610,600 SECTION 2. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .,2002 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD- BID 2791 SOLID WASTE FACILITY - CONTRACTUAL ORDINANCE ATTACHMENT 1 TABULATION SHEET BID # 2791 DATE: 2/5/02 DENTON SOLID WASTE FACILITY BUILDERS CONSTRUCTION CONTRACTORS Principle Place of Business: Arlington, TX Denton, TX Denton, TX Ft. Worth, TX TOTAL BASE BID $2,688,000 $2,610,600 $2,712,568 $2,681,000 1 BID BOND YES YES YES YES 2 ADDENDUM 1 YES YES YES YES 3 ADDENDUM 2 YES YES YES YES 4 ADDENDUM 3 YES YES YES YES 5 ADDENDUM 4 YES YES YES YES 6 COMPLETION DAYS 300 DAYS 295 DAYS 320 DAYS 270 DAYS 7 2-TAB-BID 2791 Denton Solid Waste Facility Agenda 02-010 Item 15 3/26/02 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: March 26, 2002 Materials Management Questions concerning this acquisition may be directed to Ed Hodney 349-8271 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT An Ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Overland Partners for Clear Creek Natural Heritage Center as set forth in the contract; and providing an effective date (PSA 2694 Professional Services Agreement for Clear Creek Natural Heritage Center, for a total amount of $104,700). PROFESSIONAL SERVICE AGREEMENT INFORMATION This Professional Services Agreement is for the design of the development of Clear Creek Natural Heritage. This includes Master Planning for 2700-acre restoration, reforestation, research/study site and 40 acre environmental learning, nature center/ sustainable facility demonstration site. The Professional Services Procurement Act, Chapter 2254 of the government Code requires the selection of a Professional Service be determined on the basis of demonstrated competence and qualifications to perform the services at a fair and reasonable price. Overland Partners was chosen for this project based upon the ranking criteria of the selection committee and in accordance with RFP 2694 and successful negotiations. RECOMMENDATION It is recommended that this Professional Services Agreement (PSA 2694) to Overland Parmers be approved along with the contract document in the amount of $104,700. PRINCIPAL PLACE OF BUSINESS Overland Partners. San Antonio, TX ESTIMATED SCHEDULE OF PROJECT It is anticipated that the Notice to Proceed will be issued on or about March 28, 2002. The estimated completion date is April 19, 2002. Agenda Information Sheet March 26, 2002 Page 2 FISCAL INFORMATION This professional service agreement will be funded from the Utilities Administration Departmem Special Services account (630002.7850) $55,000, Parks account (481-031-PARK-0153-9254) $9,700, and contributions from Denton Independent School District in the amount of $40,000. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Letter of Agreement from DISD 1-AIS-PSA 2694- Clear Creek Natural Heritage Center Attachment 1 Denton Independent School District D~. Ray 9.. tlra~w~ll, gup~rln~¢nd~n~ s-mail: rbraswell@dentonisd.org 1 .qO7 bi_ Locust St_ P. O. Box 2387 940-369-0003 Denton, TX 76201 Denton, TX 76202-2387 Fax: 940-369-4982 February 12, 2002 Mr. Ed Hodney Director of Parks and Recreation City of Denton 321 E. McKinney Denton, TX 76201 Dear Ed: This is to inform you that the Denton Independent School District will contribute $40,000 toward the professional fees to develop a master plan for the Clear Creek Natural Heritage Center. This money will come from the 1996 bond funds designated as start-up money for the nature center. We plan to use the balance of the 1996 funds (approximately $70,000) to set up temporary facilities on site. It is my understanding that the use of temporary facilities will be designated in the master plan and that the city is agreeable to this arrangement. Sincerely, Ray Braswell ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WiTH OVERLAND PARTNERS FOR CLEAR CREEK NATURAL HERITAGE CENTER AS SET FORTH iN THE CONTRACT; AND PROViDiNG AN EFFECTIVE DATE (PSA 2694 - PROFESSIONAL SERVICES AGREEMENT FOR CLEAR CREEK NATURAL HERITAGE CENTER, FOR A TOTAL AMOUNT OF $104,700). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, SECTION 1. That the City Manager is hereby authorized to enter into a professional service contract with Overland Partners, to provide professional architectural and related services for the Clear Creek Natural Heritage Center, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. EULiNE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-PSA 2694Cleax Creek Natural Heritage Center PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES FOR CLEAR CREEK NATURAL HERITAGE CENTER STATE OF TEXAS § COUNTY OP D~NTON § THIS AGREEMENT is made and entered into as of the 26th day of March, 2002 by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Overland Partners, 5101 Broadway, San Antonio, TX 78209, with its corporate office at the same location, hereinafter called ~CONSULTANT,' acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I EF~PLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as =tared in the sections to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall imclude, without limitation, establish a work plan and project schedule and work with the client, "owner", to confimprojeet goals and objectives for the Master Plan for the Clear Creek Natural Heritage Center. See specific tasks and schedule dated March 12, 2002, as indicated in Attachment A. ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner: A. The CONSULTANT shall perform all those services as neuessary and as described in the Scope of Services, which is attached hereto and made a part hereof as Attachment "A" as if written word for word herein. B. To perform all those services set forth in CONSULTANT'S compensation Schedule per paragraph III of Attachment A for the Master Plan for Clear Creek Natural Heritage Center which is attached hereto and ~de a part hereof as if written word for word herein. C. If there is any conflict between the terms of this Agreement and the exhibits attached to this A~reement, the terms and conditions o£ this Agreement will control over the terms and conditions of the attaohed exhibits or task orders. ARTICLE III ADDITIONAL SERVICES Additional ac=-~{ces to bc performed by the CON~ANT, if authorized by the OWNER, which are not included in the above-described Basic Services, are described as follows: A. During tho course of the Droj~ct, a~ requested by O~R, the CONSULTANT will be available to accompany OWNER'S personnel when meeting with the Texas Natural Resource Conservation Co~mission, U.S. Environmental Protection Agency, or other regulatory agencies. The CONSULTANT will assist OWNER's personnel on an as-needed basis in preparing compliance schedules, progress reports, and providing ~eneral technical support for the OWNER's compliance efforts. "Dedicated to ~_.uality and Service" www. cityofdenton.cora Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. CONSULTANT, if any, shall furnish such services, on a fee this Agreement. C. Preparin9 applications and supportin9 documents for government grants, loans, or planning advances and providing datm for detailed applications. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the d~velopmQnt or construction of tbs project, inoludln~ the preparation of engineering data and reports for assistance to the OWNER. ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period of performance from Notice to Services, if any, and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. The CONSULTANT shall make all reasonable efforts to complete the services set by the OWNER, acting through its City Manager or his designee. ARTICLE V COMPENSATION A. COMPENSATION TERMS: ~Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of testing, estimating, structural studies, designing, planning, landscape and development, etc. "Direct NOn-Labor Expense" is defined as that expuno= for mny asmi~nmcnt incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in ATTACHMENT "A" which is attac~ed ~ereto and made u pazt of this A~z=~men~ as if written word for word herein, a total fee, including reimbursement for direct non-labor expenses not to exceed $104,700. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. The OWNER may withhold the final five percent (5%) of the contract amount until comple5ion of the Project. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to make any "Dedicated to ~ality and Service" www. cityofdenton.com payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services," without obtaining prior written authorization from the OWNER. C. ADDITIONAL SERVICES: For additional services authorized ~n writing by the OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate negotiated and agreed upon by both parties before execution of the additional services. Payments for additional services shall be due and payable upon ~ubm~s~on by the CONSULTANT, and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within thirty (30) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said thirtieth (~0th) day, and, ~n addition, the CONSULTANT may, after ~ivln~ seven (7) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, ~Compensation.# ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE VII OWNERSHIP OF DOCUMENTS Ail documcntm prepared or furnimhed by the CONEULTANT (and CONSULTANT'm subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in anothez project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project. ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising ~rom employee status. "Dedicated to ~uality and Service" www.cityofdenton.cora ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE X INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an in~ranc~ company l~n~d to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Commercial General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not lem~ than $100,000 in the aggregate. B. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. C. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. D. The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages. The insurance policies shall name the OWNER as an additional insured on all such policies with the exception of the professional liability policy, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the chan~e or cancellation, ~rve ~ub~ti~u~ pollcle~ furni~hin~ the same coverage. ARTICLE XI Tm~/~INATION OF AGRmF~'TT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party. B. This Agreement may be terminated in whole or in part in the event of either party substantially ~ailing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar "Dedicated to Quality and Service" wwv. cityofdenton.corn days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V "Compensation." Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the re~pon~ibillty and liability of the CONSULTANT, it~ employee~, a~oc~ate~, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE XIV NOTICES Ail notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwime specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To CONSULTANT: To OWNER: Overland Partners, Inc. City of Denton 5101 Broadway Tom Shaw, Purchasing Agent San Antonio, TX 78209 901-B Texas Street All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE XV ENTIRE AGREEMENT This Agreement, consisting of 7 pages and Attachment A, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall "Dedicated to Quality and Service" www. cityofdenton, corn reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read at the time of this agreement or current at the time when documents are submitted under this Agreement. If addendums are executed, the addendums will comply with all federal, state, and local laws, rules, regulations and ordinances applicable at the time of execution. ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XIX PERSONNEL A. The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. Ail services required hereunder will be performed by the CONSULTANT or under its supervision. Ail personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE XX ASSIaNABILITY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this A~rcement (whether by a~i~nment, novation, or otherwise) without the prior written consent of the OWNER. ARTICLE XXI MODIFICATION NO waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XXII MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: NONE B. CONSULTANT agrees that OWNER shall, until the expiration o~ three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and "DedicatedtoQualityandService" www. cityofdenton, corn records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Overland Partners, Inc. and its Team of Consultants as outlined in Attachment A. However, nothing herein shall limit CONSULTA/qT from using other qualified and competent mengDers of its firm to perform the services required herein. E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. The OW-MER shall assist the CON~trLTA/gT by placing at the CONStrLT3%BVf'm disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to CONSULTANT to perform services under this Agreement. G. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, or designee and CONSLrf~TANT has executed this Agreement through its duly authorized undersigned officer on this the __ day of , 2002. CITY OF DENTON, TEXAS BY: MICHAEL A. CONDUFF CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: DESIGN FIRM BY: WITNESS: BY: "Dedicated to Quality and Service" www. cityofdenton, corn Scope of Services for The Clear Creel( Natural Heritage Center March 12, 2002 I. Project Description & Understanding Overland Partners will provide professional Planning, Landscape, Architecture, and Proiect Development Planning Services for the master planning of the Clear Creek Natural Heritage Center Site. Overland Partners and its team consultants, including Wallace Roberts & Todd, LLC, Dini Partners, and Daniller & Company, have developed this revised scope of services from the original request for qualifications and subsequent response. As well, communication with the City's planning staff, UNT and DISD, has been undertaken to identify task priorities and professional compensation for this Scope of Services. II. Scope of Services Based on sustainable design principles and the ecological sensitivity of the site, the Overland Partners Team proposes that the fifty acre Heritage Center Master Plan be completed as follows: Task 1. ANALYZE DATA: 1.1 Using previous research, the team will outline recommendations for programs based on experience in developing both organization strategies and facilities for non-profit organizations. 1.2 Develop a Preliminary Business Plan that provides clear recommendations and options for administration, staffing, governance, capital funding, program development, marketing and image. A more detailed list of these items is outlined below. Administrative Strudure · Senior staffing; roles and responsibilities · Salary ranges Governance · Private Foundation vs. Public (City) Board composition Programs · Educational, mission-driven on-site · Educational, mission-driven off-site (with partners) · Potential collaborators · Non-mission related opportunities F nd/ g · Capital- possible public/private partnership · Outline of cyclical operations cost Attachment A 1 3/13/02 Corporate, Individual, Foundation potential · Annual operating funding: Revenue potential and fund raising based potential Marketing and Image- Appropriate, mission-driven niche · Compelling reasons to visit · Competition and opportunities for collaborations The preliminary business plan will indude an overview of programmatic concepts, funding and operations strategies that respond to the need and potential determined to be present within the Denton community, sufficient for initial review by potential funding entities, including the DISD bond review committee. 1.3 1.4 1.5 Task 2. 2.1 2.2 The team will help the dient to make an assessment of information to be induded in the preparation of a base map, in GIS, of the area in study. The dient will undertake the task of preparing the base map. Based on capabilities demonstrated in initial meetings, it is assumed that the client will be able to assemble an inventory of the study area for the team to develop an understanding of existing characteristics such as: Adjacent Land Use, Open Space, Vegetation, Hydrology, Views & View Corridors, Utilities/Easements, Encumbrances and Restridions, Vehicular Circulation, Pedestrian Circulation, Topography, Soils, Slopes, State and Local Parks, Wildlife Areas, Management Areas, Greenways and Trails, within the study area. This inventory will be utilized in the development and formation of the Site Design Concepts. Utilizing the information collected in above mentioned tasks, the Overland Partners team will prepare a graphic analysis of their findings which may include ecological synthesis and mapping, l~istorical, cultural, and a~cheo~ogica~ review, recreational, visual, and points of interest, analysis, and observations of relevant opportunities and constraints that could impact design solutions. The content of this information will depend upon information available from the client. RERNE: Develop Preliminary Site Plan and Recommendations Upon completion of the Task One documentation, the team will prepare an overall diagrammatic site zoning and recommendation plan for the 50-acre study area, with general observations regarding the potential uses and management strategy for the entire 2700 acres. The diagrammatic site zoning and recommendation plan will document the guiding principles on ecological zoning, hierarchy of vistas and points of interest, significant pedestrian and vehicular corridors and connections and open space opportunities. Based on the input and program recommendations for the Natural Heritage Center 50-acre site, the design team, through a collaborative effort will develop a conceptual hand drawn "loose" site plan on trace paper. The site plan will incorporate sustainable design principles for building and site development. Attachment A 2 5/13/02 2.3 2.4 2.5 2.6 In a collaborative effort, the team will hold a ]-day workshop with the City Staff and stakeholders to present and build upon concept ideas, solicit input, and build consensus for program, resource management, and usage strategies. Based upon the development of concepts during this meeting, the design team will refine program concepts for the 50-acre tract, and the proposed structures(s). The program and concept design will be translated into a preliminary master site plan. The team will prepare a preliminary master site plan graphic, four (4) fuzzy, conceptual (perspective) renderings of the primary building envisioned for the CCNHC, and an opinion of probable construction cost for improvements to the 50-acre tract, based upon professional experience and opinion, and tied to a set of stated assumptions. At the completion of the above tasks, the team will assemble the concepts and supporting documentation. This draft document, along with a draft of the preliminaw business plan, will be submitted to the City Staff for input and review. Task 3. PRESENT: Final Master Plan Report 3.1 Upon receiving final written review comments from the City, the team will prepare images and documentation for the preliminary master plan report to be submitted to the City Staff for approval. 3.2 The preliminary master plan will be submitted both in a bound, 8.5x! 1 hard copy format, and on CDRom. III. Compensation Compensation for the scope of services described above will be a fixed sum of $104,700 as follows: Task Task 2 Task 3 ANALYZE: Pre-Design Services REFINE: Site Recommendations 8, Natural Heritage Center Master Site Plan PRESENT: Preliminary Master Plan Report And Plan Preparation Total Phase I Services * Reimbursable Expenses (Not to exceed) $25,170 $5~,270 $10,660 $ 94,1oo $1o,6oo Attachment A 3 3/13/02 Total fixed Sum (Billed on o monthly basis az work $104,700 ($64,700 City of Denton, $40,000 DISD) *Reimbursable expenses will be additional to the basic design services and will be a part of the lump sum cost of the scope of services described above. These expenses include, but may not be limited to such items as reproduction, computer plotting, printing, photography, aerial maps, travel/mileage, car rental, fax, copies, meals, lodging, couriers, postage, deliveries, etc. The full allotment for reimbursements may not be required. IV. Schedule ANALYZE AND REFINE PERIOD: April 1 -15 o Development of Preliminary Site Recommendations, Program/Funding/Operations Development, and Natural Heritage Center Master Plan PRESENT PERIOD: April 15-23 · Production of Preliminary Master Plan Report and Plan Preparation. (Established with the intention of providing necessary documentation for the DISD Bond committee meeting.) * Estimated schedule assumes a maximum of 10 business days for each review and comment period by the City. V. Additional Services Changes in the above Scope of Services, when requested and authorized in writing in advance by the City of Denton, will constitute additional services. Additional services include, but are not limited to; changes requested by the client such as, additional and/or multiple design studies requested that are not described herein, preparation of any surveys, site evaluations, environmental studies, financial feasibility studies, infrastrudure analysis and engineering, traffic engineering, architectural and/or historical architedural design, demographics, preparation of zoning materials or any special studies or presentations not described herein. Additional services will be compensated based upon a mutually agreed fee. Incurred expenses associated with any additional services are in addition to the additional services fee. VI. Assumptions A. The City will provide, as expeditiously as possible, all base information currently in its possession, required or necessary to complete the scope of services described above. All information provided by the City is assumed to be accurate and complete unless otherwise indicated by the City. Any information required to complete this scope of services that cannot be readily provided by the City would remain the responsibility of the City. All such information shall be provided to the project team, and any costs associated with acquisition will be borne by the City. Delays caused in the delivery of needed information may necessitate amendments to the project schedule. Attachment A 4 3/13/02 This scope and fee is based on the availability of GIS data as provided by the City/UNT for preparing analysis mappin§. If this information is not available through the client, the team reserves the right to renegotiate services and associated compensation to accomplish the invento~ and analysis mapping by other means. C All order of magnitude cost comparisons and opinions of probable construction cost provided by the Overland Partners team will be on the basis of experience and judgment. The team has no control over market conditions or biding procedures, and cannot warrant that bids or ultimate construction costs will not vary from their opinions of probable construction costs. Overland Partners does acknowledge that the Ci~ is re~ying on the opinions of probable construction costs provided by the team, and anticipates minimal variation from the costs provided. D. The city will pay for all required governmental processing fees and/or public notice advertising costs. E. All printing and reproduction costs for master plan document duplicates will be the responsibility of the City. Additional meetings and/or presentations beyond the (2) two meetings indicated in this scope of services will be additional services. It is anticipated that the initial site visit and partner meeting with be a 1/2 day meeting, while the workshop meeting will be a full day of meeting time. Go Engineering services indudin§ a Storm water Pollution Prevention Plan (SWPPP) and topographical survey are not included in this scope of services. Any services for environmental engineering such as an Environmental Assessment (E.A.) or Environmental Impad Statement (E.I.S.), including for archaeological and/or habitat resource evaluation, would be considered additional services. H. The above scope of services does not include a final presentation meeting to the client, or to any other parties. NOTES ON ANTICIPATED TASKS FOP, ^ SECOND PHASE OF WORK: This scope has been modified to respond to the resources and priorities of the client. It is anticipated that in order to develop and integrate a master plan and business plan for the entire 2700 acres, that a second phase of work will follow the scope of services outlined above. Tasks anticipated for the second phase, to be undertaken under a new contract, would include, but not be limited to: · Detailed analysis and management planning for the entire 2700-acre site · Undertaking of a charette to involve a wider constituent base, further articulate partner roles, refine programmatic and design responses, and promote the project to a larger audience · Further articulation of business plan details, as pertain to administrative strategies, funding strategies, and marketing opportunities Attachment A 5 3/13/02 · Integration of the bu§iness plan with the other elements of the master plan documentation · Additional tasks identified during the investigation outlined in this scope of services. Accepted: Date: Attachment A 6 3/13/02 Agenda 02-010 Item 16 3/26/02 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 26, 2002 Materials Management Questions concerning this acquisition may be directed to Jerry Clark 349-7107 Kathy DuBose, Fiscal and Municipal Services SUBJECT An Ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Bucher, Willis & Ratliff Corporation for ITS (Intelligent Transportation System) Deployment Plan as set forth in the contract; and providing an effective date (PSA 2826 Professional Services Agreement for ITS Deployment Plan to Bucher, Willis & Ratliff Corporation, for a total amount of $49,694). PROFESSIONAL SERVICE AGREEMENT INFORMATION This Professional Services Agreement is to provide intelligent systems (ITS) feasibility and development of system architecture. ITS architecture provides a communication system to link transportation systems in traffic management, transit routing and optimization, emergency management, homeland defense, airport systems, emergency response for medical and traffic accidents, and others. The design for the system of major transportation projects including developing a critical time line for each project related to the identified transportation needs of Denton and identifying the steps necessary to bring each project to completion. The Professional Services Procurement Act, Chapter 2254 of the government Code requires the selection of a Professional Service be determined on the basis of demonstrated competence and qualifications to perform the services at a fair and reasonable price. Bucher, Willis & Ratliff Corporation was chosen for this project based upon the ranking criteria of the selection committee and in accordance with RFP 2826 and successful negotiations. RECOMMENDATION It is recommended that this Professional Services Agreement (PSA 2826) to Bucher, Willis & Ratliff Corporation be approved along with the contract document in the amount of $49,694. PRINCIPAL PLACE OF BUSINESS Bucher, Willis & Ratliff Corporation Dallas, TX Agenda Information Sheet March 26, 2002 Page 2 ESTIMATED SCHEDULE OF PROJECT It is anticipated that the Notice to Proceed will be issued on or about March 28, 2002. estimated completion date is September 2002. The FISCAL INFORMATION This professional service agreement will be funded from the Miscellaneous Traffic Signal Bonds 2002 Series project account (35006400). 1-AIS-PSA 2789- Transportation Services Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WiTH BUCHER, WiLLiS & RATLiFF CORPORATION FOR iTS (INTELLIGENT TRANSPORTATION SYSTEM) DEPLOYMENT PLAN AS SET FORTH IN THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE (PSA 2826 - PROFESSIONAL SERVICES AGREEMENT FOR ITS DEPLOYMENT PLAN TO BUCHER, WILLIS & RATLiFF CORPORATION, FOR A TOTAL AMOUNT OF $46,694). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, SECTION 1. That the City Manager is hereby authorized to enter into a professional service contract with Bucher, Willis & Ratliff Corporation, to provide professional architectural and related services for the iTS (intelligent Transportation System) Deployment Plan, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. EULiNE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2-ORD-PSA 2826 ITS Deployment Pla~ PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES FOR PROFESSIONAL SERVICES INTELLLIGENT TRANSPORTATION SYSTEM STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT is made and entered into as of the 26th day of March, 2002 by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 E. McKinney 76209, hereinafter called "OWNER" and Bucher Willis & Ratliff, 8140 Walnut Hill Lane, Suite 900, Dallas TX 75230, with its corporate office at the same location, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, provide assistance in evaluation of development of an Intelligent Transportation System. Specific tasks as indicated in Attachment A. ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner: A. The CONSULTANT shall perform all those services as necessary and as described in the Scope of Services, which is attached hereto and made a part hereof as Attachment "A" as if written word for word herein. B. To perform all those services set forth in CONSULTANT's Price Proposal for development of the City s Intelligent Transportation system (ITS) per Attachment A, which is attached hereto and made a part hereof as if written word for word herein. C. If there is any conflict between the terms of this Agreement and the Attachments pages 1 to 5 to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the Attachments or task orders. ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services, are described as follows: A. During the course of the Project, as requested by OWNER, the CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservation Commission, U.S. Environmental Protection Agency, or other regulatory agencies. The CONSULTANT will assist OWNER's personnel on an as-needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts. B. Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. CONSULTANT, if any, shall furnish such services, on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. C. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. D. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period of performance from Notice to Proceed or until September 1, 2002 which date comes sooner as required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee. ARTICLE V COMPENSATION COMPENSATION TERMS: 1. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of testing, estimating, structural studies, electrical analysis, etc. 2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Attachment "A" which is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non- labor expenses not to exceed $49,694.00. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. The OWNER may withhold the final five percent (5%) of the contract amount until completion of the Project. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services," without obtaining prior written authorization from the OWNER. C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate negotiated and agreed upon by both parties before execution of the additional services. Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within thirty (30) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said thirtieth (30th) day, and, in addition, the CONSULTANT may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V. "Compensation." ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project. ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE X INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Commercial General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. C. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. D. The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages. The insurance policies shall name the OWNER as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE XI TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party. B. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V "Compensation." Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to mail to the address shown below, specified herein. Mailed notices shall the respective parties by depositing same in the United States certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To CONSULTANT: Bucher Willis & Ratliff 8140 Walnut Hill Lane Suite 900 ::: Dallas, Texas 75230 To OWNER: City of Denton Tom Shaw Purchasing Agent 901-B Texas Street Denton, Texas 76209 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE XV ENTIRE AGREEMENT This Agreement, consisting of 8 pages and Attachment A (pages 1-5), constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XIX PERSONNEL A. The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER. ARTICLE XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. Ae ARTICLE XXII MISCELLANEOUS The following Attachments are made a part of this Agreement: Attachment A, Cost Estimate for Deployment Plan City of Denton, ITS Plan BWR, Pages 1-4 B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Bucher, Willis & Ratliff (BWR) Corporation. However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. G. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, or designee and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the 13 day of March, 2002. CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: MICHAEL A. CONDUFF CONSULTANT: Bucher, Willis & Ratliff WITNESS: BY: Daniel J Chapman City of Denton ITS Plan 1.0 Introduction This scope of services includes the tasks to be performed by Bucher, Willis & Ratliff Corporation (BWR) to provide the City of Denton, TX with an ITS deployment plan. The ITS deployment plan shall conform to National ITS architecture and standards as defined by the Federal Highway Administration (FHWA). The plan shall include ITS services within the boundaries defined by the Denton comprehensive plan. The ITS plan shall be complimentary to the City's comprehensive plan. BWR shall interact with stakeholders within the City for obtaining information inputs and for obtaining feedback on preliminary findings. BWR shall incorporate stakeholder feedback into the final deployment plan as directed by the City's assigned project manager. Jerry Clark. 2.0 General Requirements BWR shall include in the study, the City of Denton's traffic management system; emergency services within the City of Denton (police, fire, emergency medical, HAZMAT response and wrecker); airport landside operations; public transit services and traveler information services. Consideration shall be given to emerging requirements for Homeland Defense, including coexistence of an emergency operations center with traffic operations. The ITS plan shall cover a 15 year period with: 1-5 years being considered as immediate, high priority with detailed budgets; 5-10 years being considered as intermediate, medium priority with timeline and less detailed budgets provided; and 10+ years being considered as lower priority, future, long-term deployment planning with technology change being considered. BWR shall include ranking of projects for deployment based on needs priority, benefits/cost, foundation deployment requirements and probability of funding. Stakeholders identified by the City are important to this project, because they are the future users. Their inputs are important. BWR shall provide the schedule location agendas to stakeholders with two weeks advance notice. All meetings will be coordinated with the City's project manager. Some meetings may be held in BWR's conference room in Dallas. BWR shall provide a copy of presentation materials to stakeholders attending the meeting. The Technical Memoranda that are in-process findings shall be submitted as seven unbound copies plus an electronic master on disk. The final report shall be provided in up to 25 bound copies as directed by the City's project manager. ATTACHMENT A PAGE 2 City of Denton ITS Plan 3.0 Tasks to be Performed 3.1 Task 1--Interact with Stakeholders BWR will coordinate with the City of Denton's, Street, Drainage, and Traffic Department to identify key Intelligent Transportation Systems stakeholders. BWR shall participate in up to four stakeholder meetings including a kickoff meeting. At the kickoff meeting, BWR shall present to the stakeholders with the overview of the project, ITS, and the expected results. At the in- process stakeholders meeting, BWR shall present findings of the analysis and recommendations. BWR shall incorporate input from stakeholder meetings into the final ITS deployment plan report. Deliverables: 1. Agendas (two weeks prior to meeting) 2. Handouts of presentation (at meetings) 3.2 Task 2-- Develop Needs for ITS Deployment and Inventory Existing ITS Related Infrastructure BWR shall conduct interviews with key stakeholders. BWR shall conduct an inventory of deployed infrastructure which may be a candidate to expand into a modern Intelligent Transportation System. The inventory will endeavor to include remaining useful life of the deployed infrastructure, standards deployed and deficiencies as identified by users and maintenance staff. BWR shall also obtain from key stakeholders published plans related to ITS deployment and funding status. The City of Denton's ITS deployment plan project manager will assist BWR in obtaining access to information required to develop and prioritize needs and to define useful, existing infrastructure to support future ITS deployment. Deliverables: Delivery Schedule: Technical Memo Needs, Priority, and Inventory 45 days after kickoff meeting 3.3 Task 3-- Develop ITS Architecture Based on the needs developed from stake holder's interviews and inventory of existing infrastructure BWR will develop an ITS architecture for the City of Denton. This architecture shall be compliant with National ITS Architecture and Standards. It shall include ITS standard interface with regional ITS architecture. The architecture shall identify existing infrastructure which is usable. BWR shall review the architecture with stakeholders ATTACHMENT A PAGE 3 City of Denton ITS Plan Deliverables: Delivery Schedule: Technical Memo. ITS architecture for City of Denton 60 days after start of contract 3.4 Task 4-- Conceptual Design BWR shall provide a conceptual design (Top Level) based on the ITS architecture. The conceptual design shall include the initial ITS deployment and incremental build out. The design shall consider high priority needs being met in five years, medium priority needs being met between 6-10 years and lower priority needs being met after 10 years. In addition to priority needs and usable existing infrastructure the conceptual design shall consider the following: 1. Open Architecture 2. Technology Evolution, 3. Projected Growth As Identified By Stakeholders, 4. Homeland Defense Requirements And 5. 511 Traveler Information Service Deliverables: Technical Memorandum Conceptual Design for City of Denton Intelligent Transportation System Delivery Schedule: 95 days after beginning of contract 3.5 Task 5-- Projects for Development Based on Needs Priority Based on ITS architecture and conceptual design, BWR shall identify specific design and construction projects, their cost and deployment schedule. BWR shall develop the benefit/cost projections for these projects. BWR shall develop funding strategy for these projects. Primary grant request shall be provided for the high priority projects identified. Findings shall be reviewed with stakeholders. After review with stakeholders BWR shall prepare the final report for the City of Denton ITS deployment plan. The final report shall incorporate all incremental memoranda. ATTACHMENT A PAGE 4 Deliverables: Delivery Schedule: Technical Memorandum City of Denton Deployment Plan 135 days after beginning of contract ATTACHMENT A PAGE 5 Agenda 02-010 Item 17 3/26/02 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 26, 2002 Materials Management Kathy DuBose, Fiscal and Municipal Services Questions concerning this acquisition may be directed to Cary Tower 349-8424 SUBJECT An ordinance accepting competitive bids and awarding a series of contracts for the purchase of fleet vehicles; and providing for the expenditure of funds therefore; and providing an effective date (Bid 2781-Fleet Vehicles awarded to the lowest responsible bidder each item as listed below, total expenditure of $412,251.79). BID INFORMATION This bid is for the purchase of Motor Pool Fleet Additions and or Motor Pool Fleet Replacements. The individual units will be assigned to Solid Waste, Wastewater Treatment, Electric Meter Reading, Street, Water/Sewer, Fire Department, Library, Engineering, Animal Control and Drainage. Cary Tower, Fleet Services Superintendent, recommends extended warranties for all applicable vehicles. The prices listed have been adjusted to include a minimum of a five year or 75,000 mile warranty. A tracking method is in place to take advantage of the extended warranties. All vehicles are certified Low Emission Vehicles (LEV) by the EPA and TNRCC. RECOMMENDATION We recommend this bid be awarded to the lowest bidder as listed: Cost/Extended Item Qty Description Supplier Warranty Extended Cost 1. 2 Hybrid 4 Dr Sedan Philpott Ford $19,969.00 $ 39,938.00 2. 1 7 Passenger Mini Van Jim McNatt Dodge $ 21,267.00 $ 21,267.00 3. 0 Mid Size 4 Dr Sedan No Award at this Time 4. 1 15 Passenger 1 Tn Van Jim McNatt Chev $ 21,068.79 $ 21,068.79 5. 1 ½ Tn Pickup Philpott Ford $ 15,722.00 $ 15,722.00 6. 2 ½ Tn Pickup 4WD Philpott Ford $ 18,591.00 $ 37,185.00 7. 1 3/4 Tn Pickup 4WD Diesd Lee Jarmon Ford $ 26,236.00 $ 26,236.00 8. 1 3/4 Tn Pickup 4WD Diesel Philpott Ford $ 24,698.00 $ 24,698.00 9. 1 3/4 Tn Pickup Ext Cab SB Lee Jarmon Ford $ 28,359.00 $ 28,359.00 10. 1 3/4 Tn Pickup Ext Cab LB Lee Jarmon Ford $ 28,359.00 $ 28,359.00 11. 1 Cab/Chassis 1 Tn Diesel 60" CA Lee Jarmon Ford $ 24,051.00 $ 24,051.00 12. 0 Cab/Chassis ½ Tn Diesel 84"CA No Award at this Time 13. 4 Cab/Chassis 1 ½ Tn Crew Cab 84"CA Philpott Ford $ 28,404.00 $113,616.00 14. 1 Cab/Chassis 1 ½Tn Crew Cab 60" CA Lee Jarmon Ford $ 31,755.00 $ 31,755.00 Total Bid 17 Total Expenditure $412,251.79 The award of Item 2 to Jim McNatt Dodge of Denton is the result of the 3% Local Preference Application. Jim McNatt Toyota is currently under construction with a new 7 million dollar sales and services facility in the City of Denton. They are a major contributor to the North Texas State Fair activities and support many other community and civic activities. Agenda Information Sheet March 26, 2002 Page 2 PRINCIPAL PLACE OF BUSINESS Philpott Ford Lee Jarmon Ford Jim McNatt Dodge Jim McNatt Chevrolet Port Neches, TX Carrollton, TX Denton, TX Sanger, TX ESTIMATED SCHEDULE OF PROJECT Quoted delivery of the various vehicles ranges from 45 to 150 days after receipt of an order. FISCAL INFORMATION The acquisition of this fleet of vehicles will be funded from 2001-2002 Motor Pool Replacement funds and 2001-2002 budget funds approved during the budget development process. Attachment 1: Tabulation Sheet 1-AIS-Bid 2781 Fleet Vehicles Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ATTACHMENT 1 BID#: 2781 FLEET VEHICLES Principle Place of Business: CARROLTON, TX DENTON, TX PORT NECHES, TX DENTON, TX FT WORTH, TX 1 2 HYBRID 4 DOOR SEDAN NO BID $21,300 $19,969 NO BID NO BID 2 1 MINI-VAN 7 PASSENGER $20,916 $19,708 $21,799 NO BID $21,393 Application of 3% Local Preference $19,117 3 2 MID SIZE 4 DOOR SEDAN $14,677 $17,426 $15,363 $18,000 $16,910 4 1 VAN, 1 TON 15 PASSENGER $20,058 NO BID $20,061 NO BID $20,820 5 1 PICKUP 1/2 TN LWB $16,381 NO BID $15,307 NO BID $16,536 6 2 PICKUP 1/2 TN LWB, 4WD, GAS $19,146 NO BID $18,071 NO BID $19,090 7 1 PICKUP 3/4 TN LWB, 4 WD, DIESEL $24,261 NO BID $24,408 NO BID $25,876 PICKUP 3/4 TN, LWB, 4 WD, DIESEL 8 1 (BED DELETED) $24,257 NO BID $24,058 NO BID $25,167 PICKUP EXTENDED CAB 3/4 TN, 4 WD, DIESEL 9 1 SHORT BED $26,384 NO BID $26,569 NO BID $28,050 PICKUP EXTENDED CAB 3//4 TN, 4 WD, DIESEL 1 NO BID 10 LONG BED $26,384 $26,742 NO BID $28,310 11 1 CAB/CHASSIS 1 TON, DIESEL, 60" CA $22,076 NO BID $22,292 NO BID $22,600 12 1 CAB/CHASSIS 1 1/2 TON, DIESEL, 84" CA $25,921 NO BID $26,293 NO BID NO BID 13 4 CAB/CHASSIS 1 1/2 TON, DIESEL, 84" CA 2 WD $27,454 NO BID $26,989 NO BID NO BID 14 1 CAB/CHASSIS 1 1/2 TON, 4 DR CREW CAB 60" CA $30,340 NO BID $30,603 NO BID NO BID DELIVERY 45-120 DAYS 60 DAYS 95-150 DAYS 15-45 DAYS 90 DAYS 2-TS-Bid 2781 Fleet Vehicles ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A SERIES OF CONTRACTS FOR THE PURCHASE OF FLEET VEHICLES; AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (BID 2781-FLEET VEHICLES AWARDED TO THE LOWEST RESPONSIBLE BIDDER EACH ITEM AS LISTED BELOW, TOTAL EXPENDITURE OF $412,251.79). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM VENDOR AMOUNT 2781 7,9,10,11 & 14 Lee Jarmon Ford $138,760.00 2781 1,5,6,8 & 13 Philpott Ford $231,156.00 2781 4 Jim McNatt Chevrolet $ 21,068.79 SECTION 2. The City Council hereby determines that the vendor set forth below has its principal place of business in the City of Denton, Texas, its bid is within three per cent of the lowest bid price received from a nonresident bidder and such local bidder offers the City the best combination of price and additional economic development opportunities for the City created by this contract award. The numbered items in the following numbered bids for materials, equipment, supplies, or services from the below described local bidder and as shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved: BID ITEM VENDOR AMOUNT 2781 2 Jim McNatt Dodge $ 21,267.00 SECTION 3. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 4. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 5. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 6. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-BID 2781 FLEET VEHICLES SUPPLY & SERVICE ORDINANCE-2002 EXHIBIT A BID#: 2781 FLEET VEHICLES Principle Place of Business: CARROLTON, TX DENTON, TX PORT NECHES, TX SANGER, TX 1 2 HYBRID 4 DOOR SEDAN $19,969 2 1 MINI-VAN 7 PASSENGER $19,708 3 2 MID SIZE 4 DOOR SEDAN $14,677 4 1 VAN, 1 TON 15 PASSENGER $19,793 5 1 PICKUP 1/2 TN LWB $15,307 6 2 PICKUP 1/2 TN LWB, 4WD, GAS $18,071 7 1 PICKUP 3/4 TN LWB, 4 WD, DIESEL $24,261 1 PICKUP 3/4 TN, LWB, 4 WD, DIESEL $24,058 8 (BED DELETED) PICKUP EXTENDED CAB 3/4 TN, 4 WD, DIESEL 9 1 SHORT BED $26,384 PICKUP EXTENDED CAB 3//4 TN, 4 WD, DIESEL 1 10 LONG BED $26,384 11 1 CAB/CHASSIS 1 TON, DIESEL, 60" CA $22,076 12 1 CAB/CHASSIS 1 1/2 TON, DIESEL, 84" CA $26,293 13 4 CAB/CHASSIS 1 1/2 TON, DIESEL, 84" CA 2 WD $26,989 14 1 CAB/CHASSIS 1 1/2 TON, 4 DR CREW CAB 60" CA $30,340 DELIVERY 45-120 DAYS 60 DAYS 95-150 DAYS 90 DAYS 4-EXHIBIT A-BID 2781 Fleet Services Agenda 02-010 Item 18 3/26/02 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 26, 2002 Materials Management Questions concerning this acquisition may be directed to Sharon Mays 349-8487 Kathy DuBose, Fiscal and Municipal Services SUBJECT An Ordinance accepting competitive bids and awarding an annual contract for the purchase of padmounted switchgear; providing for the expenditure of funds therefore; and providing an effective date (Bid 2796 Annual Price Agreement for Padmounted Switchgear awarded to Priester Supply Co., in the estimated amount of $300,000). BACKGROUND This bid is for an annual price agreement to supply padmounted switchgear for Denton Municipal Electric. These units will be utilized in the maintenance and new construction of the electric distribution system. RECOMMENDATION We recommend this bid be awarded to the lowest responsible bidder for each item: Item Description Supplier Price Qty. 1 Padmounted Switchgear PME 9 Priester Supply Co. $ 9,829 15 2 Padmounted Switchgear PME 10 Priester Supply Co. $10,769 1 3 Padmounted Switchgear PME 11 Priester Supply Co. $10,399 8 PRINCIPAL PLACE OF BUSINESS Priester Supply Co. Arlington, TX ESTIMATED SCHEDULE OF PROJECT Each item is quoted to be delivered within 105 days of receipt of an order. FISCAL INFORMATION Funding for the purchase of these units will come from Warehouse Working Capital account (800001.6402) and charged to the appropriate job work order when placed in service. Agenda Information Sheet March 26, 2002 Page 2 Attachment 1: Tabulation Sheet 1-AIS-Bid 2796 Padmounted Switchgear Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ATTACHMENT 1 TABULATION SHEET BID ¢/2796 Date: 2/21/02 ANNUAL PRICE AGREEMENT FOR PADMOUNTED SWITCHGEAR WESCO ELECTRIC Principle Place of Business: Ft Worth, TX Denton, TX Corinth, TX Arlington, TX Ft Worth, TX PADMOUNTED 15 $11,390 $9,496 $10,008 $9,829 $10,479 SWITCHGEAR PME9 1 PADMOUNTED 1 SWITCHGEAR PME10 $12,680 $9,514 $10,834 $10,769 $10,494 2 PADMOUNTED 8 $11,972 $9,965 $10,573 $10,399 $10,559 SWITCHGEAR PME11 3 THESE PRICES MAY BE HELD FIRM FOR ONE YEAR FROM DATE OF AWARD: YES / NO YES YES YES YES YES DELIVERY 56-80 DAYS 56 DAYS 105 DAYS 8-10 WKS 2-TAB-BID 2796 PADMOUNTED SWITCHGEAR ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF PADMOUNTED SWiTCHGEAR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2796- ANNUAL PRICE AGREEMENT FOR PADMOUNTED SWiTCHGEAR AWARDED TO PRiESTER SUPPLY CO., 1N THE ESTIMATED AMOUNT OF $300,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2796 1,2,3 Priester Supply Co. Exhibit A SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-BID 2803 Annual Price Padmounted Sxvitchgeax Agenda 02-010 Item 19 3/26/02 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 26, 2002 Materials Management Questions concerning this acquisition may be directed to Sharon Mays 349-8487 Kathy DuBose, Fiscal and Municipal Services SUBJECT An Ordinance accepting competitive bids and awarding an annual contract for the supply of Wood Utility Poles; and providing for the expenditure of funds therefore; and providing an effective date (Bid 2802 Wood Utility Poles awarded to Koppers Industries, Inc.). BID INFORMATION This bid is for the annual supply of wood utility poles used by the Electric Distribution Division in the maintenance and new construction of the overhead distribution system. Poles are ordered as needed in truckload quantities and stored in the warehouse stock until placed in service. RECOMMENDATION We recommend award to the lowest overall bidder, Koppers Industries, Inc. as listed: Description Koppers 30 foot class 4 $122.75 35 foot class 3 $178.00 40 foot class 3 $221.00 45 foot class 3 $265.50 45 foot class 2 $301.00 45 foot class 1 $341.00 45 foot class H1 $434.50 50 foot class 1 $408.75 50 foot class H1 $513.00 50 foot class H2 $567.50 55 foot class 1 $635.00 55 foot class H1 $585.50 55 foot class H2 $598.25 60 foot class 1 $736.50 60 foot class H1 $617.25 65 foot class 1 $946.00 65 foot class H1 $771.75 65 foot class H2 $812.00 70 foot class 1 $948.25 70 foot class H1 $1,035.00 70 foot class H2 $1,128.00 75 foot class 1 $1,095.00 75 foot class H1 $1,115.00 75 foot class H2 $1,347.00 Agenda Information Sheet March 26, 2002 Page 2 RECOMMENDATION (CONTINUED) Award is based on a calculation utilizing two years historical usage multiplied by the bid price per pole. We recommend award to a single supplier so that we can mix sizes to order poles in the most economic quantifies. PRINCIPAL PLACE OF BUSINESS Koppers Industries, Inc. Pittsburg, PA ESTIMATED SCHEDULE OF PROJECT Truckload quantities of various length and class of poles can be shipped within two weeks of receipt of an order. FISCAL INFORMATION Poles will be purchased from the Warehouse Working Capital Inventory account (800001.6402) and charged to appropriate department accounts as utilized. Attachment 1: Tabulation Sheet 1-AIS-BID 2802 Wood Utility Poles Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent BID #: 2802 ATTACHMENT 1 TABULATION SHEET ANNUAL CONTRACT FOR WOOD UTILITY POLES Principle Place of Business: Lufkin, TX Conroe, TX Tampa, FL Pittsburg, PA Boy, AZ 1 30 FT, CLASS 4 $120,00 $106,33 $125,25 $122,75 $194,31 2 35 FT, CLASS 3 $196,00 $176,72 $181,65 $178,00 $257,69 3 40 FT, CLASS 3 $239,00 $195,93 $225,50 $221,00 $333,56 4 45 FT, CLASS 3 $299,00 $228,85 $270,92 $265,50 $389,11 5 45 FT, CLASS 2 $337,00 $248,80 $307,10 $301,00 $433,07 6 45 FT, CLASS 1 $360,00 $274,00 $347,95 $341,00 $494,98 7 45 FT, CLASS H 1 $486,00 $316,00 $443,35 $434,50 $538,18 8 50 FT, CLASS 1 $441,00 $332,06 $417,00 $408,75 $577,51 9 50 FT, CLASS H 1 $633,00 $371,96 $523,47 $513,00 $613,02 10 50 FT, CLASS H2 $749,00 $450,71 $579,10 $567,50 $757,91 11 55 FT, CLASS 1 $600,00 $385,04 $647,95 $635,00 $652,76 12 55 FT, CLASS H1 $998,00 $345,44 $597,45 $585,50 $789,78 13 55 FT, CLASS H2 $1,186,00 $529,94 $610,45 $598,25 $904,09 14 60 FT, CLASS 1 $740,00 $512,51 $751,50 $736,50 $850,40 15 60 FT, CLASS H 1 $1,070,00 $582,86 $629,85 $617,25 $1,027,0; 16 65 FT, CLASS 1 $996,00 $866,83 $965,30 $946,00 $1,123,2! 17 65 FT, CLASS H 1 $1,210,00 $950,83 $787,50 $771,75 $1,234,4, 18 65 FT, CLASS H2 $1,620,00 $1,213,33 $828,55 $812,00 $1,382,8, 19 70 FT, CLASS 1 $1,200,00 $1,094,05 $967,60 $948,25 $1,325,91 20 70 FT, CLASS H1 $1,640,00 $1,266,25 $1,056,12 $1,035,00 $1,436,3 21 70 FT, CLASS H2 $1,860,00 $1,476,25 $1,151,00 $1,128,00 $1,632,2; 22 75 FT, CLASS 1 $1,500,00 $1,305,57 $1,117,35 $1,095,00 $1,573,51 23 75 FT, CLASS H1 $1,880,00 $1,529,22 $1,137,76 $1,115,00 $1,714,41 24 75 FT, CLASS H2 $2,090,00 $1,739,22 $1,374,49 $1,347,00 $1,834,3 25 COST OF DELIVERY PER TRUCKLOAD $372.60 $1,510.00 None None 2000 26 NUMBER OF CUBES PER TRUCKLOAD 65' + 285 55' + 2000.00 SHIPMENT MADE IN__DAYS PER Df~ 10 dy 21-30 dy 5-10 DME 5-10 DME SHIPMENT MADE IN DAYS PER M-20 5-7 RUS 5-7 RUS 2-TAB-BID 2802 Annual Contract for Wood Utility Poles ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF WOOD UTILITY POLES; AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2802 - WOOD UTILITY POLES AWARDED TO KOPPERS INDUSTRIES, iNC.). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2802 All Koppers Industries, Inc. Exhibit A SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-Bid 2802- Wood Poles EXHIBIT A BID 2802 - WOOD UTILITY POLES 30 foot class 4 $122.75 35 foot class 3 $178.00 40 foot class 3 $221.00 45 foot class 3 $265.50 45 foot class 2 $301.00 45 foot class 1 $341.00 45 foot class H1 $434.50 50 foot class 1 $408.75 50 foot class H1 $513.00 50 foot class H2 $567.50 55 foot class 1 $635.00 55 foot class H1 $585.50 55 foot class H2 $598.25 60 foot class 1 $736.50 60 foot class H1 $617.25 65 foot class 1 $946.00 65 foot class H1 $771.75 65 foot class H2 $812.00 70 foot class 1 $948.25 70 foot class H1 $1,035.00 70 foot class H2 $1,128.00 75 foot class 1 $1,095.00 75 foot class H1 $1,115.00 75 foot class H2 $1.347.00 Agenda 02-010 Item 20 3/26/02 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 26, 2002 Materials Management Questions concerning this acquisition may be directed to Jim Coulter 349-7194 Kathy DuBose, Fiscal and Municipal Services SUBJECT An Ordinance accepting competitive bids and awarding an annual contract for the purchase of one previously owned or demo asphalt paver and one new double drum roller; providing for the expenditure of funds therefore; and providing an effective date (Bid 2803 - Asphalt Paver awarded to the lowest responsible bidder Nichols Machinery Co. in the amount of $103,750 and Double Drum Vibratory Roller awarded to the lowest responsible bidder Darr Equipment Co. in the amount of $39,604). BID INFORMATION This bid is for the acquisition of two pieces of street construction equipment approved in the 2001-2002 budget. The first item is a track type asphalt paver. We chose to bid a demo unit due to cost savings and at one time, the availability of demonstration units. The unit recommended is capable of paving widths from approximately 3 feet wide through 15 feet wide. It had been used only 38 hours and will have a new machine full warranty. The second unit is a new double drum vibratory roller and was bid with a 36 month guaranteed buy back agreement. This agreement allows us to sell the machine back to the supplier at a guaranteed price in 36 months, thereby giving us the ability to lower our overall cost and keep our equipment fleet current. RECOMMENDATION We recommend this bid be awarded to the lowest responsible bidder for each item. Item Description Supplier Cost 1 Asphalt Paver 2 Vibratory Roller Nichols Machinery Co. $103,750 Darr Equipment Co. $ 39,604* *Recommendation based upon utilization of 36 month buy back agreement resulting in actual cost of $20, 604. The lower price offered on Item 2 by Future Equipment Co., failed to meet specifications for water tank capacity, therefore resulting in loss of productivity for the unit. PRINCIPAL PLACE OF BUSINESS Nichols Machinery Co. Dallas, TX Darr Equipment Co. Dallas, TX Agenda Information Sheet March 26, 2002 Page 2 ESTIMATED SCHEDULE OF PROJECT Item 1 can be delivered within 15 days after receipt of an order. Item 2 can be delivered within 60 days after receipt of an order. FISCAL INFORMATION Both units will be purchased utilizing Motor Pool fund account (81001.8535). The $19,000 buy back offer for Item 2 will be returned to that account in 36 months. Respectfully submitted: Attachment 1: Tabulation Sheet 1-AIS-BID 2803 Asphalt Paver and V Roller Tom Shaw, C.P.M., 349-7100 Purchasing Agent ATTACHMENT 1 TABULATION SHEET BID#: 2803 Date' 2/28/02 ASPHALT PAVER AND DOUBLE DRUM VIBRATORY ROLLER Nichols Machinery Darr Equipment Machinery Equipment Principle Place of Business: Dallas, TX Dallas, TX Dallas, TX Euless, TX PREVIOUSLY OWNED OR DEMO 1 1 TRACK ASPHALT PAVER $103,750 NO BID NO BID NO BID MAKE Leeboy MODEL 8500 Elite II AGE HRS 2001/38 hrs NEW UNUSED DOUBLE DRUM 2 1 ROLLER $39,000 $39,604 $39,389 $38,500 GUARANTEED 36 MONTH BUY BACK AGREEMENT $9,000 $19,000 $19,000 TOTAL COST AFTER BUY BACK $30,000 $20,604 N/A $19,500 2A MAKE Terex Caterpillar HYPAC DYNAPAC MODEL TV1300 CB-334D C754-B CC142 3 DELIVERY 15 days 60 days 45 days 60 days 2-TAB-BID 2803 Asphalt Paver and V Roller ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF ONE PREVIOUSLY OWNED OR DEMO ASPHALT PAVER AND ONE NEW DOUBLE DRUM ROLLER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2803- ASPHALT PAVER AWARDED TO THE LOWEST RESPONSIBLE BIDDER NICHOLS MACHINERY CO., IN THE AMOUNT OF $103,750 AND DOUBLE DRUM VIBRATORY ROLLER AWARDED TO THE LOWEST RESPONSIBLE BIDDER DARR EQUIPMENT CO., IN THE AMOUNT OF $39,604). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2803 1 Nichols Machinery Co. $103,750 2803 2 Dart Equipment Co. $ 39,604 SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-Bid 2803 Asphalt Paver and V Roller Agenda 02-010 Item 21 3/26/02 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 26, 2002 Materials Management Questions concerning this acquisition may be directed to Jim Coulter 349-7194 Kathy DuBose, Fiscal and Municipal Services SUBJECT An Ordinance accepting competitive bids and awarding an annual price agreement for the purchase of water meters; providing for the expenditure of funds therefore; and providing an effective date (Bid 2805 Annual Price Agreement for Water Meters awarded to the lowest responsible bidder for each item as listed below). BID INFORMATION This bid is for an annual price agreement to supply water meters to the City of Denton. Quantities listed are estimates and will vary according to the needs of the City for replacement and/or new installation. RECOMMENDATION We recommend this bid be awarded to the lowest responsible bidder for each item: Item Description Supplier Price 1 5/8 X 3/4 Direct Read Hughes Supply $ 74.75 2 5/8 X 3/4 Remote Read Hughes Supply $ 23.00 3 1" Direct Read Badger Meters $ 70.50 4 1 ½" Direct Read Badger Meters $ 156.75 5 1 ½" Turbine Badger Meters $ 277.75 6 1/12" Remote Read Hughes Supply $ 322.00 7 2" Direct Read Badger Meters $ 213.95 8 2" Remote Read Hughes Supply $ 350.00 9 2" Turbine Badger Meters $ 280.75 10 3" Compound Hughes Supply $1,791.00 11 4" Compound Hughes Supply $2,524.00 12 6" Compound Hughes Supply $3,768.00 13 3" Fire Hydrant ABB Water Meters $ 455.00 The lower price offered by Badger Meter on items 6, 8, 10, 11, 12 (Remote Read Meters) fail to meet specification for compatibility with our Schlumberger Visual Readers. Agenda Information Sheet March 26, 2002 Page 2 PRINCIPAL PLACE OF BUSINESS Hughes Supply Badger Meters ABB Water Meters Sherman, TX Milwaukee, WI Ocala, FL ESTIMATED SCHEDULE OF PROJECT All meters can be shipped within 30 days after receipt of an order and will be ordered as needed. FISCAL INFORMATION Funding for water meters will come from Warehouse Inventory Working Capital account (800001.6402) and be charged back to the appropriate work order when placed in service. Attachment 1: Tabulation Sheet 1-AIS-Bid 2805 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ATTACHMENT 1 TABULATION SHEET BID # 2805 Date' 2/21/02 ANNUAL PRICE AGREEMENT FOR WATER METERS M ET E RS Principle Place of Business: SHERMAN, TX OCALA, FLORIDA MILWAUKEE, MI 5/8 X 3/4 DIRECT READ 1 4000 989045200) $74.75 NO BID $73.95 5/8 X 3/4 REMOTE READ 2 200 (89045220) $23.00 NO BID $25.95 3 200 1" DIRECT READ (89045250) $71.40 NO BID $70.50 4 200 1 1/2" DIRECT READ (89045300) $157.29 NO BID $156.75 5 200 1 1/2" TURBINE (89045320) $297.43 NO BID $277.75 6 200 1/12" REMOTE READ (89045325) $322.00 NO BID $225.75 7 50 2" DIRECT READ (89045350) $214.92 NO BID $213.95 8 50 2" REMOTE READ (89045355) $350.00 NO BID $283.95 9 50 2" TURBINE (89045360) $337.00 NO BID $280.75 $988.00 PLUS 25 3" COMPOUND (89045400) $1,791.00 NO BID 10 $223.00 $1,703.00 PLUS 25 4" COMPOUND (89045450) $2,524.00 NO BID 11 $334.00 25 6" COMPOUND (89045500) $3,768.00 NO BID $2,672.00 PLUS 12 $403.00 13 25 3" FIRE HYDRANT (89045600) $559.00 $455.00 $478.00 DELIVERY 30 DAYS 30 DAYS 30 DAYS 2-TAB-BID 2805 Annual Price Agreement for Water Meters ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL PRICE AGREEMENT FOR THE PURCHASE OF WATER METERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2805- ANNUAL PRICE AGREEMENT FOR WATER METERS AWARDED TO THE LOWEST RESPONSIBLE BIDDER EACH ITEM AS LISTED BELOW). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2805 1,2,6,8,10,11,12 Hughes Supply Exhibit A 2805 3,4,5,7,9 Badger Meters Exhibit A 2805 13 ABB Water Meters Exhibit A SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ., 2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-BID 2805 Annual Price Water Meters EXHIBIT A BID # 2805 Date' 2/21/02 ANNUAL PRICE AGREEMENT FOR WATER METERS M ET E RS Principle Place of Business: SHERMAN, TX OCALA, FLORIDA MILWAUKEE, MI 5/8 X 3/4 DIRECT READ 1 4000 989045200) $74.75 5/8 X 3/4 REMOTE READ 2 200 (89045220) $23.00 3 200 1" DIRECT READ (89045250) $70.50 4 200 1 1/2" DIRECT READ (89045300) $156.75 5 200 1 1/2" TURBINE (89045320) $277.75 6 200 1/12" REMOTE READ (89045325) $322.00 7 50 2" DIRECT READ (89045350) $213.95 8 50 2" REMOTE READ (89045355) $350.00 9 50 2" TURBINE (89045360) $280.75 25 3" COMPOUND (89045400) $1,791.00 10 25 4" COMPOUND (89045450) $2,524.00 11 25 6" COMPOUND (89045500) $3,768.00 12 13 25 3" FIRE HYDRANT (89045600) $455.00 DELIVERY 30 DAYS 30 DAYS 30 DAYS 4-BU-BID 2805 Annual Price Agreement for Water Meters Agenda 02-010 Item 22 3~26~02 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 26, 2002 Materials Management Questions concerning this acquisition may be directed to Janet Simpson 349-8274 Kathy DuBose, Fiscal and Municipal Services SUBJECT An Ordinance of the City of Denton, Texas, approving an agreement between the City of Denton Parks and Recreation Department and the North Texas Umpire Association; approving the expenditure of funds for the purchase of certified softball officiating services available from only one source in accordance with provisions of State Law exempting such purchases from requirements of competitive bids; and providing an effective date (Purchase Order 103533 North Texas Umpire Association in the amount of $40.00 per game for an estimated award expenditure of $43,000). AGREEMENT INFORMATION This agreement between the City of Denton and the North Texas Umpire Association is to supply officiating services for the Adult Slow-Pitch Spring and Fall Seasons for Men, Coed and Women ASA softball games. Each year the Parks and Recreation Department contacts the Amateur Softball Association (ASA) District Commissioner to locate an ASA Umpire's Association that would be available to umpire adult softball league games in Denton. This year and in previous years, the North Texas Umpire Association has been the only association (sole source) available for officiating sanctioned adult softball league play in Denton. The North Texas Umpire Association will officiate 1,075 adult softball games for the Parks and Recreation Department during the 2001-2002 fiscal year. The Association will be paid $40 per game and will provide two ASA certified umpires and one scorekeeper per game. RECOMMENDATION We recommend this agreement be approved in the amount of $40 per game in the approximate total amount of $43,000. PRINICPAL PLACE OF BUSINESS North Texas Umpire Association Denton, TX ESTIMATED SCHEDULE OF PROJECT This agreement will remain in effect through November 29, 2002. Agenda Information Sheet March 26, 2002 Page 2 FISCAL INFORMATION Funding in the amount of $43,000 is available for approximately 1,075 games from 2001/2002- budget account (411170.7868). Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Purchase Order 103553 to North Texas Umpire Association 1-AIS-PO 103533 North Texas Umpire Association Z Attachment 1 ~z ~ E ~g ~g ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPIRE ASSOCIATION; APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF CERTIFIED SOFTBALL OFFICIATING SERVICES AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including items that are only available fzom one source because of patents, copyrights, secret processes or natural monopolies, films, manuscripts or books, electricity, gas, water, and other utility purchases, captive replacement parts or components for equipment, and library materials for a public library that are available only from the persons holding exclusive distribution fights to the materials and need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute an agreement for certified softball officiating services between the City of Denton and the North Texas Umpire Association in substantially the form of the agreement which is attached to and made a part of this ordinance for all purposes. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~~'~ AGREEMENT BETWEEN CITY OF DENTON PARKS AND RECREATION DEPARTMENT AND NORTH TEXAS UMPIRE ASSOCIATION The City Of Denton Parks and Recreation Department (hereinafter "PARD") of Denton, Texas and the North Texas Umpire Association (hereinafter "NTUA") enter into the following Agreement: 1. CONTEST A) The NTUA agrees to officiate the 2002 Adult Slow-Pitch Seasons for Men, Coed, and Women ASA softball games that are scheduled by PARD at North Lakes Softball Complex, Denton, Texas. The umpires provided herein are not employees of PARD or the City of Denton but are independent contractors providing contractual services under the terms of this agreement. B) PARD will provide NTUA with a schedule of games depicting leagues and their field assignments for the season. NTUA will receive this information at least two (2) weeks before the season begins. PARD will also provide NTUA with the league's current rules and regulations that are modified from the current Amateur Softball Association (ASA) rules. C) NTUA will schedule officials so that the ability level of the official will match or exceed the level of league play on each field. NTUA will provide up to two (2) umpires and one (1) scorekeeper for each game. 1 ) Optimally, each field will have two (2) umpires, but when that is not possible, NTUA will insure that the official working alone will be a qualified umpire. 2) The Umpire-In-Charge (UIC) scheduled for each night will ensure that the officials assigned to each field are capable of working that particular lever of play. 2. PAYMENT A) In consideration of such services, the PARD will pay NTUA a total of $40.00 per game. B) Payment Determination Both parties will determine the payment to be the calculated number of games scheduled for each particular league times the rate of $40.00 per game: $29 umpire fee, $7 scorekeeper, $4.00 administrative fee. C) Schedule of Payment 1) Initial Payment PARD will make an initial payment in the amount of one-half (1/2) of the total expected amount for estimated services no later than 7 days before the first game of each season. 2) Final Payment PARD will make the final estimated amount owed to the NTUA on or before 14 days after the first scheduled game. D) If NTUA provides only one official for a game then PARD will be credited $7.00 for each game that has one official working alone. This credit can be used during the current season or during the next season. 3. OFFICIALS NTUA represents officials that are, or will be by the date of the conte~t, a duly registered umpire who is a member in good standing of the ASA. 4. INTERPRETATION ASA Rules and City Softball Rules shall govern play and settle rule disputes. AGREEMENT BETWEEN CITY OF DENTON PARKS AND ~CREATION DEPARTMENT AND NORTH TEXAS UMPIRE ASSOCIATION A) If PARD offers a "coaches meeting" NTUA recommends that the executive committee be notified of the date, time, and place of the coaches meeting. We would like to explain new rules, game procedures to the new coaches, and discuss how on-field disagreements will be handled. 5. VOIDING OF AGREEMENT This agreement shall become null and void upon the demise of either organization. This agreement may be canceled at any time by the mutual written consent of both parties upon 30 days wdtten notice. In the event of early termination as provided herein, PARD shall be refunded that portion of the payment associated with the games not yet otticiated. 6. NOTIFICATION/SCHEDULE CHANGES All notifications conceming the provisions of the document or of schedule changes shall be in writing to the below address. All game changes will be given to NTUA Assignor 24 hours prior to the change. If notification is not given in this timely manner, an additional administration fee of $3.00 per game will be charged to PARD. A. If initial notification is by phone, then a written confirmation shall thereafter be sent within seven (7) days. INDEMNITY NTUA agrees to indemnify, defend and hold harmless, PARD, the City of Denton, and their employees and officers from and against any and all claims or actions for injuries or damages, including death, arising out of NTUA's performance under this agreement, including the negligent acts or omissions of the umpires provided for under this agreement and any claims or actions made or brought by an umpire. 8. ACCEPTANCE This agreement is void if not signed by Athletic Coordinator and another representative from PARD and two (2) board members from NTUA on or before April 1,2002. City of Denton Parks and Recreation Dept Date Na~e ' ' (~ 'Title Na~- ' ~'--~'~l~tle North Texas Umpire Association Nah~ ~/ Date/~ Name], Title Title City of Denton Parks and Recreation Department Cathy A. Avery 349-8526 349-8384 fax NoF& Texas Umpire Association 524 N Locust, Suite A Demon, TX 76201 898-1561 380-9235 fax Agenda 02-010 Item 23 3~26~02 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: March 26, 2002 Engineering Dave Hill, 349-8314 SUBJECT Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 1.44 acre tract or parcel of land in fee simple for municipal purposes, including for landscape buffer purposes, such title to be in the name of the City of Demon and said property being located in the G. Walker Survey Abstract Number 1330 in the City of Demon, Demon County Texas; and being a part of Allen Estates Mobile Home Park as shown by plat thereof recorded in Cabinet C. Page 383 of the plat records of Demon County Texas; authorizing the City Manager or his designee to make an offer to purchase the property for its just compensation and if such offer is refused, authorizing the City Attorney, or his designee, to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of landscape buffer, and other municipal purposes and declaring an effective date. BACKGROUND Staff has been working with the owners of Allen Estates Mobile Home Park to negotiate the purchase of a 1.44 acre tract of land throughout the past year. The property is located at 2601 S. Mayhill Road and lies just South of the Demon Municipal Landfill. The 1.44 acre tract consists of 1.16 acres that is located within the existing Edwards Road right-of-way, and .28 acre fee acquisition. The proposed acquisition is a narrow 30' +/- strip along the emire north boundary of the mobile home park. The purpose of the acquisition is to meet the requirements under the Texas Natural Resource Conservation Commission (TNRCC) permit for the landfill which reference the acquisition of the right-of-way between Pecan Creek Mobile Home Park and the Andrew Corporation, relocation of Edwards Road to a location south of the current Allen Estates Mobile Home Park, and to provide additional landscape buffer between the landfill and the mobile home park. Council approved an ordinance for this acquisition November 6, 2001. The language in the ordinance has been revised to clarify the public purpose as landscape buffer instead of use for street purposes. OPTIONS 1. Authorize condemnation to acquire, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the authorization to condemn. ESTIMATED PROJECT SCHEDULE Phase One of the Edwards/Mayhill/Colorado Paving & Drainage project (Edward Road Relocation) should be completed by spring 2002. The landscape buffer for the landfill will be installed by the end of 2002. PRIOR ACTION/REVIEW Briefing to City Council - October 17, 2000. Approval of Original Ordinance - November 6, 2001 FISCAL INFORMATION The property has been appraised for a fair market value of $6,721.00. ATTACHMENTS Location Map Draft Ordinance Survey Illustration Prepared by: For Pamela England Pamela England Real Estate Specialist Respectfully submitted: For Charles Fiedler Charles Fiedler, Director Engineering Department benton R~ iona¢ CANARY' LEAFY BLUE ~A¥ SiTE on Map Map not to Scale S:\Our Documents\Ordinances\02\Condemnation Ordinance Clayton Homes2.doc ORDINANCE NO. AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUiRiNG OF AN APPROXIMATE 1.44 ACRE TRACT OR PARCEL OF LAND iN FEE SIMPLE FOR MUNICIPAL PURPOSES, iNCLUDiNG FOR LANDSCAPE BUFFER PURPOSES, SUCH TITLE TO BE iN THE NAME OF THE CITY OF DENTON AND SAID PROPERTY BEING LOCATED IN THE G.WALKER SURVEY ABSTRACT NUMBER 1330 IN THE CITY OF DENTON, DENTON COUNTY TEXAS; AND BEING A PART OF THE EDWARDS ROAD AND A PART OF ALLEN ESTATES MOBILE HOME PARK AS SHOWN BY PLAT THEREOF RECORDED IN CABINET C. PAGE 383 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORiZiNG THE CITY ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY iN FEE SIMPLE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby require the acquisition of fee simple title for the public purposes described herein, with such fee simple title vesting in the City of DeNon; and WHEREAS, the hereinafter described property is believed to be owned by the CMH Parks, inc., a Tennessee Corporation ("Owner"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Public necessity exists and public welfare and convenience require the acquisition of fee simple title, with such fee simple title vesting in the City of Denton in that certain tract or parcel of land containing approximately 1.44 acre, together with improvements thereon and appurtenances thereto as more particularly described in Exhibit "A" and illustrated in Exhibit "B", attached hereto and made a part hereof by reference (the "Property"). The Property is being acquired for municipal purposes, including a landscape buffer. A portion of the Property is curreNly encumbered with a public slreet and public street easemeN in favor of the City. Access to the Property from the Owner's remaining property will be denied. SECTION2. The City Council finds that $6,721.00 (the "Compensation") is just compensation for the Property including damages to the remainder, if any, said sum being based on an independeN appraisal obtained by the City. The City Manager or his designee is hereby authorized and directed to make an offer for the Property to the owner of the Property in the amount of the Compensation. SECTION 3. In the even the offer as described in Section 2 is refused by the Owner of the Property, the City Attorney or his designee is hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever aztion that may be necessary against the Owner and any other parties having an interest in the Property to acquire fee simple title in the Property for the purposes described in Section 1 above, with such fee simple title vesting in the City of Demon. SECTION 4. If it should be subsequently determined that additional parties other than those named herein have an imerest in said property, then in that evem, the City Attorney or his designee is authorized and directed to join said parties as Defendants h said condemnation. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 S:\Our Documents\OrdJnances\02\Conderrmarion Ordinance Clayton Homes2. doc .- ~-."U ! D. HOUGH SY. A-646 iW'l EDWARDS ROAD 1.440 ACRES IN THE G. WALKER SY. A-1330 DATE: 10-26-01 SCALE: 1"=200' CITY OF DENTON DRAWN: CF DENTONCOUNTY, TEXAS CHECKED: WMC Surveyors & of T e x a s, Inc. 1621 AMANDA COURT PONDER, TEXAS 76259 PH(940)482-2906,FAX (940)482-0009,TOLL-FREE(877)481-SE NT WWW.SENTCORP.COM Agenda 02-010 Item 24 3~26~02 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION March 26,2002 Engineering Dave Hill, 349-8314 SHEET SUBJECT Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Pipeline Crossing Agreemem with Union Pacific Railroad Company for a water pipeline located at Mile Post 716.220, Choctaw Subdivision, City of DeNon, DeNon County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND A 30" water pipeline installation is proposed along the east side of State Highway Loop 288 from U.S. Highway 380 (University Drive) northwesterly to FM 428 (Sherman Drive). Staff has requested permission to cross an area within the boundaries of an existing Union Pacific Railroad right-of-way. The Union Pacific Railroad Company has agreed to the encroachmem on their right-of-way with the use of their standard Pipeline Crossing Agreemem. OPTIONS 1. Approve the Ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the draft ordinance. ESTIMATED PROJECT SCHEDULE Spring 2002 PRIOR ACTION/REVIEW None FISCAL INFORMATION The cost to the city is a $1,500.® one-time license fee. 1 ATTACHMENTS Location Map Draft Ordinance License Agreement Prepared by: Denise M. Perez Technical Assistant Respectfully submitted: For Charles Fiedler Charles Fiedler, Director Engineering Department Union Paofic ~ikoa. d, ' ~ i~ ~ Cross ng ORDINANCE NO, AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAII.ROAD COMPANY FOR A WATER PIPELINE LOCATED AT MILE POST 716.220, CHOCTAW SUBDIVISION, CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute a Pipeline Crossing Agreement with Union Pacific Railroad Company for a water pipeline located at mile post 716.220, Choctaw Subdivision, City of Denton, Denton County, Texas substantially in the form of the Agreement attached hereto and incorporated by reference hereia (the "Agreement"). SECTION 2. The expenditure of funds as provided in the Agreement is hereby authorized. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S:\Our Docume~ts\Ordimmcesk02\UPRR ORDINANCE.doc PL X 940206 Form Approved, AVP-Law PIPELINE CROSSING AGREEMENT Folder No: 01969-60 Mile Post: 716.220, Choctaw Subdivision/Branch Location: Denton, Denton County, Texas THIS AGREEMENT is made and entered into as of March 1, 2002, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Licensor"), and DENTON, CITY OF, a Texas municipal corporation, whose address is City Hall East, 601 East Hickory St., Denton, Texas 76205 (hereinafter the "Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:. Article I. LICENSE FEE Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time license fee of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00). Article II. LICENSOR GRANTS RIGHT, In consideration of the License Fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate only a 30 inch water pipeline crossing (hereinafter the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated March 1, 2002, marked Exhibit A. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than the above-mentioned, and said Pipeline shall not be used for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article III. CONSTRUCTION, MAINTENANCE AND OPERATION, The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached. Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is to do any of the work performed on the Pipeline (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the Contractor's Right of Entry Agreement. Article V. INSURANCE The Licensee, at its own sole cost and expense, shall provide to the Licensor a Certificate of Insurance, identifying Folder 1969-60, issued by its insurance carrier, certifying to the effectiveness of insurance as follows: a) b) c) d) General Public Liability providing bodily injury and property damage coverage with combined single limit of at least $1,000,000 each occurrence, a portion of which may be self-insured with the consent and approval of the Licensor. The Licensee will also provide to the Licensor a Certificate of Insurance issued by its insurance carrier confirming the existence of such insurance and that the policy or policies contain the following endorsement: UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect to all liabilities arising out of the existence, use or any work performed on or associated with the 'Pipeline' located on Railroad right-of-way at Mile Post 716.220 on the Choctaw Subdivision/Branch, at or near Denton, Denton County, Texas. Such Insurance shall be endorsed to provide contractual liability assumed by the Licensee under this Agreement, and that coverage shall not be cancelled or changed without giving thirty (30) days' prior written notice to the Licensor. If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the limits of insurance described above shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self insured with the consent and approval of the Licensor. All insurance correspondence shall be directed to: Folder No. 1969-60, Union Pacific Railroad Company, Real Estate Department, 1800 Farnam Street, Omaha, NE 68102, Article VI. TERM, This Agreement shall take effect as of the date first herein writ-ten and shall continue in full force and effect until terminated as herein provided. Article VII. AMENDMENT OF EXHIBIT B Sections 7 Co) and 10 of Exhibit B, hereto attached ag hereby amended to read az follows: Section 7(b) in addition to other indemnity provisions in this agreement, the Licensee shall indemnify and hold harmless the Licemor from and against all costs, liability and expense whatsoever (including, without limitation, attome3?s fees, court costs and expenses) arising out of any act or omission of t.M Licensee, agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Licensor's property, and (2) any injury to or death of any person employed by or on behalf of any telecommunications company and/or its contractor, agents and/or employees, on Licensor's property. Licensee shall not' have or seek recourse against Licensor for any claim or cause of action by alleged loss of profits or revenue or loss of service or other con.sequential damage to a telecommunication company using Licensor's property or a customer or user of services of the fiber optic cable on Licensor's property. Section 10 INDEMNITY As used in this Section, "Liceraor" includes other railroad COmpanies using the Liceusor's property at or near the location of the Licensee's installation and their officers, agent and employees, "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs and gxpenses of whatsoever nature, including court costs and attorney's fees which may result from; (a) injury to or death of persons whomsoever (including the Licensor's officers, agents and employees, the Licensee's officers, agents and employees, as well as any other person); and Os) damage to or loss or destruction of property whatsoc~er (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). As a major inducement and in consideration of the license and permission herein granted, the Licensee agrees, to the ement permitted by law, to indemnify and hold harmless the Licensor from any Loss which is due to or arises from: The prosecution of any work contemplated by this Agreement including the installation, construction, maintenance, repair, renewal, modification, reconstruction, relocation, or removal of the Pipeline or any part thereof, or 2 The presence, operation or use of the Pipeline or contents escaping therefrom, except to the extent that the Loss is caused by the sole and din:ct negligence of the Licensor. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By: Contracts Representative DENTON, CITY OF By. Title REV., ENCASED NON-FLAM? [ABLE PIPELINE CROSSING N~?E:: ~LL AVA!LASLE ~I,ME~SI~N~ ~[~ST' BE/ A) ~S P!PEL[NE CSOSS:N'S wiT:~lr', D£DIC&TED STREET ? ~,Y£S; B,I [F ¥~S. NA~E OF STREET O[STF[BuT'(ON LINE ~C,~ TRANS~,~SSfGN L~'~E E;, /~S[NG PiPE ~ , ~ m NOTE .CA~,~N.~ ~U~T HA'w[ CLEA:qAt~CE B, ET~SEN GRE,~TEST 0~T~[DE C[~M~ETEF OF CAqRIER P[PE a,XD I~.,~TERiQR ~[AMETER OF CARR;ER P~PE A~D [NSI:0E OF CA&IN0 P~PE, HI D~ST'ANCE FROH CENTER LINE 0F TRA0~ TO NEAR FACE OF ~uR~ TO 8[ PEhFOR~ED ~TiC:~ET Na,, ~.,G!~ .... 5.-15-Sg STEEL CASING ~ALL T:M :[CKNES:S CHA~:? PL X:980112 Form Approved, AVP-Law EXHIBIT B Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. (a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repoir, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines crud other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. (b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION. (a) The Pipeline shah be constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November 1949, and all amendments thereof and supplements thereto, which by this reference is hereby made a part hereof, except as may be modified and approved by the Licensor's Vice President-Engineering Services. In the event such Specification conflicts in any respect with the requirements of any federal, state or municipal law or regulation, such requirements shall govern on all points of conflict, but in all other respects the Specification shall apply. (b) All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. (c) Prior to the commencement of any work in connection with the construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Vice President-Engineering Services of the Licensor and then the work shall be done to the satisfaction of the Vice President-Engineering Services or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it may deem necessca7 for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefor, all expense incurred by the Licensor in connection therewith, which expense shall include all assignable costs. (d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. Section 3. NOTICE OF COMMENCElvfENT OF WORK. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. plx.exb Page 1 of 4 Exhibit B PL X ~.80112 Form Al~proved, AVP-Law Section 5. REINFORCEMENT, RELOCATION OR REMOVAL OF PIPEt INE. (a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and in the improvement and use of its property, and the Licensee shall, at the sole expense of the Licensee, reinforce the Pipeline, or move all or any portion of the Pipeline to such new location as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor shall find such action'necessary or desirable. (b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Section 7. PROTECTION OF FIBER OI:~C CABLE SYSTEMS. (a) Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will commence no work on the right of way until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. 2n of ~y tel~ommc~ions ~stem on Bcemor's pro~, r~?,x { :~ of ~y tel~omm~c~ions comply, ~or ',[:~ ,:: C~S ~D ~S FOR ~OR ~ ~~; T~S. ~/; (a) ~e ~censee sh~ ~lly p~ for ~ m~e~s joined or ~f~ed to ~d l~or peHormed upon prope~ of the ~censor in co~tion ~th the cons~cfion, m~ten~ce, rep~, renewS, mo~ic~ion or r~onst~ction of the ~pe~ne, ~d sh~ not pe~t or s~fer ~y mech~c's or m~eri~m~'s ~en of ~y ~nd or n~ure to be enforced ag~nst the propeny for ~y work done or m~e~s ~shed thereon ~ the rust,ce or r~est or on behalf of the ~censee. ~e ~censee sh~l ~dem~ ~d hold h~ess the ~censor ag~st ~d from ~y ~d ~ hens, cl~s, dem~ds, costs ~d e~enses of wh~s~ver n~ure m ~y w~ co~ected ~th or ~o~g out of such work done, l~or performed, or m~eri~s furmshed. (b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so thai the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared plx.exb Page 2 ot'4 Exhibit B PL X 9~0112 Form ~a~pproved, AVP-Law with the entire value of such property. Section 9. RESTORATION OF LI ENSOR'S PROPERTY. In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in (:my manner move or disturb any of the other property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other property to the scaue condition as the sca'ne were in before such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and hold h~umless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs crud expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the Licensor. Section 10. INDEMNITY. of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, causes of action, penalties, costs, ~ ~'.~u~:~-~ses o~ whm:s c~er r~urur~ ,?,~:~ud~ng c,~ c~[~ ~a.' at~ome¥~' i from: (a) inj~ to or de~h of persons whomsoever (inclu~g the ~censor's officers, agents, ~~ t~ ~censee's officers, agents, ~d employs, ~ ~.~e~ ,:s ~y o~er person~.: cm~d~r ~b) ~,:na? ~o or mss (mclu~g ~censee's pro~, d~age to the r~, tracks, ~pment, or o~er pro--'or prope~ m its c~e or custody). (b) ~ ~ m~or inducement ~d in consider~ion of the ~m~:~-'~]~c~ per~ssion here~ ~ted, the ~censee ~ees to inde~ ~d hold h~ess the ~censor ,?om ~=~v Lc,~;s ~"~tf'~s due to ar ~ises from: ~e prosecution of ~v .~ contempl~ed by this A~eement inclu~ng the inst~l~ion, const~ction, m~ten~ce, :e~:i~3~-'r~new,:~ m~ic~ion, reconstruction, reloc~ion, or remov~ of the Pi~[~r ~y p~t thereof;or ........... 2. .~.~ ~resenc~ o~r~ion, or u~o of th~ Pipol~o or contonts esc~ therefrom, Section 11 REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the sctdsfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may do such work of removal and restoration at the cost and expense of the Licensee. The Licensor may, at its option, upon such termination, at the entire cost and expense of the Licensee, remove the portions of the Pipeline located underneath its roadbed and track or tracks and restore such roadbed to as good a condition as it was in at the time of the construction of the Pipeline, or it may permit the Licensee to do such work of removal and restoration to the satisfaction of the Licensor. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. plx.¢xb Page 3 of 4 Exhibit B PL X.~80112 Form .~,pproved, AVP-Law Section 13. TERMINATION. (a) If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. (b) In addition to the provisions of sUbparagraph (a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, them thirty (30) days subsequent to the date upon which such notice shall be given. (c) Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not cfffect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGREE~ NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, crt the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. SUbject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. plx.exb Page 4 of 4 Exhibit B Agenda 02-010 Item 25 3~26~02 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: March 26, 2002 Parks and Recreation Departmem Dave Hill '-~'~¢: SUBJECT Hold a public hearing and consider adoption of an ordinance graining approval of a sub- surface use of a portion of the north side of Mack Park for the purpose of utility easemem in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for a utility easemem; and providing an effective date. BACKGROUND The City of DeNon Electric Utilities has requested the use of parkland for the purpose stated, in order to relocate an electric transmission line. State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands, of the Texas Parks and Wildlife Code requires that: (a) a municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or officer, determines that: (1) there is no feasible and prudent alternative to the use or taking of such lan& and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park, resulting from the use or taking. (b) A finding may be made only after notice and a hearing as required by this chapter." If the proposed utility easemem is allowed, a value must be placed on the 507.17 linear foot section and charged to the City of DeNon Municipal Electric. In addition, land disturbed in the park will be returned to its original condition. Parks and Recreation Departmem and the City of DeNon Electric Engineering staff have reviewed all other possible alternatives. These alternatives included: · Select another route through the city that would by-pass the park area. A routing study was conducted. This electric line curremly exists across the park. The line is proposed to be relocated northward off TXDOT right of way imo the park. The park's athletic fields and facilities receive electricity from this line, thus service to the park would have to come from a new line in another park location. · Terminate the electric line prior to this location. This option will not provide for existing service and future development along E. McKinney Street. OPTIONS Because alternatives to the easement are not feasible, the best option is to approve the use as presemed or require the City of DeNon to begin obtaining easemems around the park and through adjacem property owners. RECOMMENDATION After reviewing all other alternatives, staff recommends approval of the use of Mack Park for the public utility easemem. There would be no major impact on currem park operations or programs. The Parks and Recreation Department confirms that the City of Denton has investigated all other alternatives and has used reasonable planning to minimize harm to the land. ESTIMATED SCHEDULE OF PROJECT Construction is projected to begin in May 2002. PRIOR ACTION/REVIEW The Parks and Recreation Board will consider this item at their March 25, 2002 meeting. FISCAL INFORMATION Compensation related to this use is still under discussion with Denton Municipal Electric. It is reasonable to expect that improvements directly related to programs and/or facilities in Mack Park will be provided. BID INFORMATION Not applicable EXHIBITS: Ordinance Map (Exhibit A) Respectfully Submitted: Prepared by: Ed Hodney, Director Parks and Recreation Department Bob Tickner, Superintendent Parks and Recreation Department H:\Railtrail crossings and Chapter 26 reviews\City Council, Mack Park Utility easement agenda item 3-26-02.doc yS:\O~ Documents\Ordinances\02\L'hap 26 Ordinance Mack ParlS Utility Easement 3 26 02.doc ORDINANCE NO. AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF MACK PARK FOR THE PURPOSE OF A UTILITY EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROViDiNG FOR A UTILITY EASEMENT; AND PROViDiNG AN EFFECTIVE DATE. WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public land designated and used as a park may be used for a nol~park purpose if the City Council finds after notice and hearing that there is not feasible andprudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to minimize harm to the park resulting from such use; and WHEREAS, the City of DeNon desires to provide for a required utiliif easemem of approximately 507 linear feet across the park for electric service; and WHEREAS, Denton Municipal Electric desires to construct an underground electric transmission line across Mack Park since alternative options would not be feasible and lmdent; and WHEREAS, the City provided notice in the DeNon Record Chronicle on March 3, March 10, and March 17, 2002 ora Public Hearing to be held on March 26, 2002 in the Council Chambers to consider the alternatives to the use of City Park for the ,abject utility easement; and WHEREAS, the City Council on March 26, 2002 received testimony at a public hearing on the issues of no feasible and prudent alternative to the use of the property for the proposed project and that the project includes all reasonable planning to minimize harm to the Mack Park resulting from the utility easemem; and WHEREAS, the City Council finds that the project does not fall within the purview of Section 253.001 of the Texas Local Government Code; and WHEREAS, the City Council finds that there is no feasible and prudem alternative to the use of the park land and that the subject electric utility project includes all reasonable planning to minimize harm to the park as a result of the project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Utility Easement and electric transmission line proposed by Denton Municipal Electric (the "Project") shall be constructed and maimained below the surface of the park property described in Exhibit A, which is attached hereto and made a part hereof for all purposes, and that the surface of the park after installation of the electric line shall be constructed in a manner so that the park land may still be used by its patrons after completion of the Pro, ct in the same manner it was used prior to the Project. S:\Our Docmments\Or dinances\02\Chap 26 Ordinance Mack Park, Utility Easement 3 26 02. doc SECTION 2. A utility easement shall be signed by the City Manager or his designee and approved by the City Attorney allowing the use of the park property for the Project as referenced above with appropriate provision to insure the improvements are constructed in accordance with City Subdivision Rules and Regulations; protects the patrons using the park from injury and damage both during and after construction of the Project; compensates for the rea~)nable market value of the use herein granted and generally protect the health, safety and general welfare of the City. SECTION 3. During construction of the Project, temporary use of such additional park land necessary to stage the construction of theimprovements may be approved by the Director of Parks and Recreation Department. However, at the completion of the construction activities for the Project such additional park land shall be restored to the condition to which it existed prior to the beginning of such construction activities. SECTION 4. The rights and benefits set forth in this ordinance may not be assigned without the express written consent of the City. SECTION 5. The findings contained in the preamble of this ordinance are incorporaed into the body of this ordinance. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 of 2 A Park Park (,.~outh EXHIBIT ~A' 16 'UTILTY EASEMENT Field notes to ell thai certain tracl or parcel of lend situoled in the T. M. Downing Survey, Abslroct ~ '~,4G Cily of Denton, Denton Counly, Texas end being o pert of o called 9.805 acre tract of tend described in the Deed to the City of Denton os recorded in Volume 621, Po§e 4,55 of Ihe Deed Records of Denlon County, Texas: the subject trecl being more particularly described os follows; BEGINNING for the Southwest Corner of the tract being described herein el a I/2" copped iron rod ~et for lhe Southwest Corner of said 9.805 acre tract in the north right-of-way line of East McKinney Street from which o I/2" iron rod found beers South OI Degrees 15 Minules 15 Seconds West o dislonce of 0.28 feet; THENCE North OI Degrees 15 Minules 1,5 Seconds F'ost with the West line of said 9.805 acre tract o distance of 16.00 teat to a point for corner; THENCE South 89 Degrees 04 Minutes O0 Seconds East a distance of 356.27 feet to a poinl for corner; THENCE South 89 Degrees 45 Minutes O0 Seconds East e dislence of 150.01 feel to o point for corner in the East line of said 9.80,5 acre tract; THENCE South OI Degrees 56 Minutes 0~' Seconds East o distance of 16.01 feet to e I/2" copped iron rod set for corner at the Southeasl corner of said 9.805 acre lroct in lhe North righl-of-woy line of F'ost McKinney Street · from which a concrete monument beers North Z6 Degrees 16 Minutes 14 Seconds Wesl o dislance of 0.77 feet; THENCE North 89 Degrees 45 Minutes O0 Seconds West with Ihe North ricjht-of-way line of Eosl McKinney Street e distance of 150.72 feet to an angle point; THENCE North 89 Degrees 04 Minutes O0 Seconds West with lhe North right-of-way line of Eost McKinney Slreel o distance of 3§6.4§ feet lo Ihe PLACE OF BEGINNING end enclosing 0.19 ACRES of lend. This Survey sketch re'presenls the results of an on-the-ground survey made under my direction and supervision on 10-31-01. There ore no visible or opporenl intrusion, protrusions or easements except os shown hereon. THOMPSON II RP.L.S. No 4857 A PART OF ~ ~u ~. Called 9,805 AC o ~ VOLUME 6P.I, PAGE 455 u~ ; N 01°15'15"E /~'~ 16.00' .~ S 89°04'00"E 356.27' . eBoo 'oo"w LOT 2 BLOCK t : S 0P56'0~"1:' S 89°45'00"E ! ~16.01' P~c 150.01~ .~/ LO Pm/ N ~= ~ ~ . 144.58' EAST MCKINNEY STREET (100' ROW) LEGEND Ff' - FINtSH~iD FLOOR HG · NATURAL GROUND BER · BURI(D ;LECTRIC RISER AREA UR~G P.O. BOX 507 KRUM, TX 76249 (940)482-6723 JOB NUMBER: 011067 DRAWN BY: G,C. CHECKED BY: JET DATE: 10-31-01 R.P.L.S. J.E. Thompson il REV l: 11-06-01 ADJ Agenda 02-010 Item 26 3~26~02 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: March 26, 2002 Human Resources Michael A. Conduff SUBJECT Consider approval of a resolution confirming the appointment of Charles Wiley, by the City Manger, as Police Chief for the City of Denton Police Department; and declaring an effective date. BACKGROUND Police Chief, Gary Matheson, retired from the Police department on August 31, 2001. Since then the City has conducted and extensive and thorough search to find a replacement. We are very fortunate to have found Charles Wiley, and it is with pleasure that he has accepted our offer to be Police Chief. Chief Wiley was selected because of his ideal background, Texas roots, university experience, and his ability to create an award-winning department. The following is a brief bio on Chief Wiley. Chief Wiley was born and raised in Galveston, Texas where he attended public schools. Upon graduating from high school, he enlisted in the United States Army and served in the Republic of Vietnam in 1966. He was honorably discharged in 1969. Entering law enforcement in 1969, he served with the Galveston Police and Sheriffs Departments in most all capacities from patrol, criminal investigations, identification, community relations, corrections and narcotics to civil and criminal warrants, court services, administration, supervision, and interstate extradition. In 1983, Charles Wiley accepted the position of Chief of Criminal Investigations for the Georgetown, South Carolina Police Department where he served until his appointment as Chief of Police for the Town of Mt. Pleasant, South Carolina. After having served in that capacity for about four years, accepted the position of Bureau Commander for Special Operations in the Charleston, South Carolina Police Department at the rank of Major. After ten years in that capacity, Charles was appointed Director of Public Safety and Chief of Police for the Medical University of South Carolina in Charleston. He retired from South Carolina law enforcement on July 1, 2001 to Houston, Texas. Charles Wiley is a graduate of numerous schools and seminars in a wide variety of law enforcement related subjects. He holds a Masters, Bachelors, and Associates Degrees in the Administration of Criminal Justice and Police Science and is a graduate of the FBI National Academy in Quantico, Virginia. He has served as an Assessor and Team Leader for the Commission on Accreditation for Law Enforcement Agencies, Inc., is an Adjunct Professor of Criminal Justice at the Citadel in Charleston and has served as Chair of the Criminal Justice Advisory Council. Charles has over thirty years of progressively responsible law enforcement service in two different states and has served as an Advisory Board Member for the National Law Enforcement and Corrections Technology Center, Southeastern Region. Charles and his wife, Mary, are the proud parents of two adult children. In compliance with Chapter 143.013(a)(1) of the Texas Local Government Code (This is the Civil Service statute governing the Police and Fire Departments), unless elected, each department head is appointed by the municipality's chief executive (City Manager) and confirmed by the governing body. This resolution will serve as the City Council's confirmation of Charles Wiley as Police Chief. RECOMMENDATION The City Manager has elected to appoint Charles Wiley as the Police Chief. The City Council should now confirm that appointment. PRIOR ACTION/REVIEW There has been no prior action or review on this agenda item. Respectfully submitted: Jon Fortune, Assistant City Manager Public Safety and Transportation S:\our documents~resolutions\02\confirmation of police chief appointment.doc RESOLUTION NO. A RESOLUTION CONFIRMING THE APPOINTMENT OF CHARLES WILEY, BY THE CITY MANAGER, AS POLICE CHIEF FOR THE CITY OF DENTON POLICE DEPARTMENT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the city manager pursuant to Local Government Code Section 143.011 has appointed Charles Wiley to be Police Chief of the City of Denton Police Department; and WHEREAS, the City Council of the City of Denton has determined that the appointment should be confirmed; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That the appointment, by the city manager, of Charles Wiley as Police Chief of the City of Denton Police Department is hereby confirmed. SECTION 2. That this resolution shall become effective imm ediately upon its passage and approval. PASSED AND APPROVED this the day of ., 2000. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Agenda 02-010 Item 27 3/26/02 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: March 26, 2002 Engineering ACM: David Hill, 349- 8314 SUBJECT Consider approval of an exaction variance of Section 35.20.2 (L) of the Code of Ordinances concerning perimeter paving for Behning Place, located on the northerly side of May Street approximately 92 feet east of Ruddell Street. The Planning and Zoning Commission recommends denial (7-0) (V01-0031) BACKGROUND The developers of the property, as noted above, have applied for a variance of Section 35-20.2 (L) of the Code of Ordinances concerning perimeter paving of May Street. The subject section of the ordinance requires improvements along the frontage of the development with City standard pavement and curb/gutter. May Street is an unimproved residential street (not Full width and without curb & gutter in this section) from Ruddell Street, east, to a dead-end. May Street currently dead ends (does not cul-de-sac), both east of Ruddell Street and west of Henderson Drive because of a large tract of land in the middle that currently has a single residential structure on it. When this property develops, this nonexistent section of May Street will be required to be constructed to City standards with Full width pavement and curb & gutter. This will then complete May Street between Ruddell Street and Henderson Drive. The easterly section of May Street from the dead-end west of Henderson Drive is currently built to City standards. Any improvements to May Street within the limits of the currently built, unimproved section of May Street between Ruddell Street and the dead-end will then match the nonexistent section as well as that to the east. It should be noted that approximately 2 to 3 years ago, a 1-inch water line was upgraded to a 6-inch line in the section of May Street from Ruddell Street east. Because of this and the condition of May Street at the time, a "skin" patch (about 2 inches) overlay was also installed. This overlay and the condition of the old pavement did not cause this pavement to meet current City standards. The applicant has previously requested an exaction variance, which was denied by both the Planning and Zoning Commission and the City Council. The construction requirements then were for the applicant to build May Street, along the development's frontage, to City standards which included 25 feet of pavement width plus curb and gutter. In addition, the applicant would be responsible for the costs incurred for the moving of two (2) utility poles. However, since then the City has passed an ordinance that allows a developer to pay the costs of construction into an interest bearing account. The City would use this money when improvements are made to May Street that would include this applicant's frontage. The City maintains this money in an interest bearing account, and if the improvements are not complete, under construction or foreseen to be undertaken within 10 years (of Page 1 the time the funds are deposited), the City is required to return the money to the payee(s) with interest. In addition, the City now determines the charge to the applicant based on average citywide lot cost ($5400.00) rather than actual cost, in the interest of fairness. For Behning Place, the charge for 3 lots would be $16,200.00, which when paid would be placed in the interest bearing account. The actual cost to make the improvements required is approximately equal to the $16,200.00 amount calculated using the citywide average. The applicant based the reason for the variance request on the cost for the subject improvements in comparison to the size and type of development. The City Council may approve this exaction variance if the following criterion is met: b) Criteria for variances from development exactions. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exaction's, so as to prevent such excess, to the City Council. Waiver of developmental exactions shall be approved by the City Council. The price the applicant paid for the parcel, or the cost of the proposed building improvements is not a factor in determining reasonable costs. The City Council must decide if the costs associated with the public improvements required by city regulations are reasonable and consistent for the type of development proposed and are proportional to the demand for services created by the development. OPTIONS 1. Approve full variance 2. Approve full variance with conditions 3. Approve a partial variance 4. Deny variance RECOMMENDATION Staff recommended denial of the variance to the Planning & Zoning Commission. The Planning & Zoning Commission voted 7-0 to recommend denial of the variance on January 23, 2002. PRIOR ACTION/REVIEW On September 13, 2000 the Planning and Zoning Commission voted 4-2 to recommend a denial of the exaction variance request to City Council. On October 3, 2000 the City Council voted to deny the exaction variance request. On January 23, 2002 the Planning and Zoning Commission voted 7-0 to recommend a denial of the exaction variance request to City Council. Page 2 FISCAL INFORMATION The applicant's estimate for full reconstruction of May Street ($21,337.50) plus moving the utility pole ($3,550.00) totals $24,887.50. City staff estimates the average cost of pavement improvements (with curb and gutter) at $5400.00 per lot (total = $16,000.00). The City's estimate is based on an "economy of scale", assuming the entire street would be rebuilt at one time and is therefore less than the bid the applicant received to do only this small portion. ATTACHMENTS 1. Letter from applicant 2. Site location map 3. Plat 4. Applicant's pavement construction cost estimate 5. Applicant's cost estimate for moving utility poles (2 pages) 6. P & Z minutes Prepared By: David Salmon, Assistant Director Engineering Respectfully submitted: Charles Fiedler Director, Engineering Page 3 Fdday, February 22, 2002 Engineering Department - City of Denton c/o David Salmon City Hall East 601 E. Hickory, Suite B Denton, TX 76205 Subject: Exaction Vadance from Subdivision Regulations Project Name: Behnin.q Place (FP-01-0012) Mr. Salmon, We received your call the day after P&Z voted to deny the Exaction Vadance that was sUbmitted regarding the above Project. In accordance to your message, we request to appeal that vote before City Council at the earliest opportunity. As described in your reply to Marcy Ratcliff of the Planning and Development Department, if this written request to appeal is received by March 8t~, 2002 your department would do their best to get us on the March 26t~ City Council Agenda. Thank you for your consideration of this request. Sincerely, Mark and Nanette Behning 2224 Woodbrook Street Denton, TX 76205 Home: (940) 382-8081 Office: (972) 778-8905 His Mobile: (214) 869-7023 Her Mobile: (940) 367-1675 cc: file Page 1 of 1 PP-00-t 11 (Behning Place) ~NCLOSURE I NORTH SITE LOCATION MAP ~,genda Date: September 13, 2000 10. Scale: None dVIAI ,k. LINIOIA 04/25/200~ 17:02 FAX 940 382 9732 JAGOE PUBLIC CO ~001 Fk %~rth Dr. Ap~125,2001 JAGOE .PUBLtC CO. Ho~ MIl( Ar~l:~3al~ Pmduc~on, Sale~ & Roa¢l ConStruction ...Since 1923... P.O. Box 250 Denton, TX 76262 Main # (940) 382-2581 Fax # (940) 382-9732 Mark Behning Three Lineoha Centre 5430 LBI Freeway, Ste. 1400 Dallas, TX 75240 Re: Road widening on May Street Main.: 214-869-7023 Fax: 775-418-0214 Dear Sh-s: We proposed to furnish all labor, materials, and equipment to construct, as ma independent contractor, the following work' 5" I-IMA Ty A and D In Place 526 SY $16.25/SY $8,547.50 Lime Stabilization 552 SY $5.00/SY $2,760.00 Remove Existing Pavement 1 LS $3,500.00/LS $3,500.00 Saweut 1 LS $750.00/LS $750.00 Silt Fence 15 LF $15.00/12 $225.00 Reflective Buttons 1 LS $400.00/LS $400.00 4' Sidewalk t80 LF $4.00/LF ~-- $720.00 Curb and Gutter 215 LF $9.00~F ~ $1,935.00 Move-In 1 LS $2,500.00/LS $2,500.00 Total $21,337.50 Inclu~on~ & Exclusions' Bid does not include the following: Bond cost, testing cost, soil sterilant, utility adjustments, engineering or layout, patching or repair to be installed or existing facilities, permits or inspection fees, tree removal, power pole removal or relocation, or any item not SPeCifically listed in this bid. Subgrade subject to approval by Jagoe-Public before begirm[ng project. No sales tax is included in this bid unless otherwise stated. Above quanfifie~ are estimated. Payment to be based upon actual work performed. Jagoe-PuNic Company shall have no liability for design or the sole partial negligence of the owner or others. Payment is due upon completion for all work performed during the prior period. The above conditions are on a proposal basis and are not in effect until a proposal is signed between Jagoe-1)ubllc Company and ov~er or owner has issued a Purchase Order. Respectfully Submitted: Bobby Barker Estimator :Date: Accepted by Owner. Mark Beh_niag Owner Date: ~ a sTe c off ~d ~ ~ ~ ENT BY: 402 g~54 990t JAN-4-02 1t:4S; Friday..lanuary 04, 200?_ Mark ~elu~8 to ~uraish: Authorization from ~ Ciey of Dcn~o~ l)e. neon Co FJectric & other revolved ut~ities/AI1 pezmi~. PAClE 2/2 lOOO.O0 $ 1.000.00 5O.00 $ .50.0O 100.0~ $ 500.00 ~.00 S 125,00 · Fast Pole: Provide & Install (1) 25' Poles I EA. Remove md ~ of oM poles 1 ~A Transfer Utilit4a 7 EA. Trim Tr~s~ I [~. $ 1,67S~0 $ 1000.00 $ $ 50.00 $ $ 100.00 $ ?00.00 $ 12~.00 $ /25.OO Estimated Total Co~L:. Terms: t~'epared as~d submitlecl by: Glenn Travis lvtas'l'ec of North Arm~ca. ~c. Llivisie~ Manager r)fflce: 2"J.4-S71-2S42 $ Upon ComPleUm~ 4?47 b~dng ~hnt. Oal~, Texas E.~I: GlennTOmam~c~.mm ~9 PLANNING ANT) ZONING :CO1k~{ISSION J,AN%IAR'Y 23rd,, 2002 Page Page 9 - Pa,~c CondcnscItTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2:5 Page 13 actually build the improvements. So when this variance was considered before, there was no other alternative for the applicant other than to go out and build the street. Saying that, staff still maintains that the types of improvements that are being required, given the type and size of the development, is reasonable. However, given the option of just simply putting money up in an interest bearing account, we think that we could use our City estimates which are lower than the bids that the applicant got and allow them to put the money up, which would be less money than what they would have spent building it, and it gives them the opportunity to get the money back if the City doesn't build the road within a period of ten years, plus they get their interest back, as well. So staff's recommendation on this exaction variance is that the variance be denied but that rather than build the street, the applicant actually put up $5,400.00 per lot which I think comes up to a total of $16,200.00, and that that be placed in an interest bearing account to be used for future improvements on May Street. And then, of course, returned to the applicant in the event that the City does not make those improvements within ten years. I'll be glad to answer any questions you might have. COMMISSIONER RISHEL: Have you discussed that proposal with the Behning family and have they commented on that at all? 2 3 4 5 6 7 8 9 10 11 12 13 14 Page 15 COMMISSIONER RISHEL: Thank you, Mr. Salmon. Mr. Snyder. MR. SNYDER: In essence, it would mount to a partial variance wkich you're recommending because the Code requires that they build the street. So if the motion were made, it would actually be a partial variance in that they wouldn't have to build the street but they'd be allowed to put the money into escrow. MR. SALMON': Well, because with that new ordinance, I really thought it was an either/or when -- M.~. SI, rYDER: well, I think -- I just don't have the ordinance fight here in front of me but I believe, I'm going by memory, the ordinance said that as a part of a variance process, in lieu, in granting a partial MR. SALMON: YeS, I personally visited with Nfl'. Behning when he made application for the variance. And, you know, obviously, they would rather not have to do it at all, but, I mcan, they recognize that this would be much more palatable than spending $25,000.00 to actually ¸15 17 18 19 variance, you could allow money be put in escrow. So I think the motion has to be a partial variance. COMMISSION'ER RISHEL: Mr. Keichhart would like to join our discussion. MR. KEICHHART: well, the other option I Page 14 go out and build it. COM,',ItSStONER PaSHEL: Right. Okay. MR. SALMON: I'm not sure -- I don't know if there's a representative here for thc applicant or not this evening. COMMISSIONER RISHEL: Let me poll that. Commissioners, any further questions of Nfl.. Salmon? Thank you, Nfl.. Salmon. Is the petitioner here that would like to present? Is the petitioner here regarding this item on our Agenda? Is there a Behning representative here? Seeing no one else that would like to comment, would you 20 21 22 23 24 25 would think is to use the City's estimate for the funds as opposed to the applicant's estimate. MIL SNYD£R: This is just a minor point. COMMISSIONER RISHEL: Grant a variance based on the same -- MR. SNYDER: Yeah. It's the same thing. Page 16 give us a summation, Mr. Salmon? MR. SALMON: Again, staff recommends denial of the variance with the condition that we use ottr City eStimate of $5,400.00 per lot rather than the applicant's bid pdce for a total of $16,200.00 to be placed in an intereat bearing account. I'm just saying that it's, in essence -- COMMISSION?-R RISHEL: It'S not the variance that they requested. Ma. SNYOF.~ l~ight. COMMISSION?.R RISHEL: There we go. Okay. I thin~ we all understand that. Anything else you'd like to say, Mr. SaLmon? Okay. I have some Commission.s that have some queStions. N~. Roy. 9 COMMISS£ON?.R ROY: YeS There is a large 10 single-family home that is in the middle of May Street. 11 Probably we would not. as the City, do anything with that ! 2 street until we connect that. Is there any expectation 13 that within ten years that that street is going to be 14 connected together? 15 Ma. SALMON: The City most likely would not 16, connect the street thro _ugh the Capital Improvements 17 Program. I mean, there hasn't been any request or need to 18 do so up to this point. The only thing that I can think 19 that could happen in the next ten years is that somebody PLANNING AND ZONING COMMISSION JANI 20 21 22 23 24 25 could buy that piece of property and want to subdivide it into lots. And then, of course, they would be required to put the street through. COMMISSIONER ROY': I jUSt noticed that other streets in the area, the next street a block away, this Poco Trail, I believe is the name of it, does have IARY 23rd, 2002 Page 13 - Page 16 5 6 ? 8 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 2 3 4 5 6 ? 8 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CondenseItTM Page 1 ? sidewalks and it's a fully improved strut and it looks very good. Thank you. COMMISSIONER RISHEL: Anything else, Mr. Roy? COMMISSIONER ROY: NO. COMMISSIONER RISHEL: Commissioner Mulroy. COMMISSIONER MULROY: Ye$. I h~ve more of a parliamentary question addressing David and the Chair. My understanding then that the applicant has applied for a MR. SALMON: That'S correct. COMMISSIONER MULROY: And that is the matter that is before us. That is really the Agenda item is the full variance. And what you're saying, you're not -- what you're saying is the City would be amenable and agreeable to a partial variance along the lines that you discussed to go into the account if that was the item that was put in front of us. But at this point, that's not the item that's in front of us. COMMISSIONER RISHEL: YOU Can always make that the item in front of you as a Commissioner. CONfiMISSIONER MULROY: And the void here is the petitioner is not here to represent themselves and help us along with this matter. COMMISSIONER RISHEL: I understand. And Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Salmon indicates that he has, in fact, spoken to them and indicated what he wanted. And as you would expect, the petitioner would like the whole thing. MR. SALMON: Right. I mean, I think that's clear to say. I mean, they knew that this was going to be on tonight. I don't know why they're not here. I haven't had any conversation with them since. I mean, I ti'fink it's clear to say they would prefer to have a full variance. Although when I had my last discussion with Mu-. Belming, he did acknowledge the fact that it would certainly be mons palatable to him to have to put up $16,200.00 with the possibility of getting it back with interest than to go out and spend $25,000.00 to build the street. COMMISSIONER RISHEL: And the discussion would be that if he wanted to come back and present this in some different format, that he'd have to wait a per/od of time to be able to do that now, if we adopted this in some other form other than what he had asked for? MR. REICHHART: when this go~s forward to City Council, the applicant can come up with any arguments no matter what our recommendation is for something different. MR. RISHEL: He can re-present. Yeah, okay. At least he has an opportunity to get his say. 2 3 4 5 6 .,/ 8 9 10 !13 14 15 16 17 18 19 20 22 23 24 25 Page 19 Commissioners? Commissioner Pov~I1. COMMISSION'ER POWELL: Mi'. Chairman, my understanding would 1~ that if we go along with the recommended motion, which would be to deny the variance, that he could then at a futur~ time put up tl~ $5,400.00 times three ~x:aus¢ there's already an ordinance written that allows him to do that. COMMISSION'ES. RISHEL: All th~ ordinance does is g~ves him a mechanism for putting .it away. Thc specific -- COMMISS£ONER POWELL: That's what I'm saying. COMMISSIONER RISHEL: The specific amount has only been determined arbitrarily by staff that this is what it would cost tu in our dollars in order to do it with thc City funds. COMMISSIONTaR POWELL: I understand that, sir. But my understanding is, agreeing with that, that he doesn't need to come back to us latex if he decides to do that. We've denied the variance tonight, if we do. Assuming City Council denies it also, then at any time in the futura, and I'Ll go along with staff here, but any time in the futura then, he could come back to staff and say, hey, I want to put up that money and then he wouldn't have to come back to us, would he? Page COMMISSIONER RISHEL: Yeah, he would have to come back to us. COMMISSIONER POWELL: Well, then why did we pass the ordinance? COMMISSIONER RISHEL: If we're talking about the recommendation from Mr. Salmon that a partial variance be granted on the $6,200.00. COMMISSIONER POWELL: NO. My. Sall~On asked for disapproval of the variance, period. COMMISSIONER RISHEL: He's amending it, I believe. Mr. Snyder. MR. SNYDER: My mc~aory has been refreshed here as we're discussing it. The ordinance did two things. The ordinance that we were tall~ng about earlier allowed the P&Z and City Council to grant partial variances and allow money to be put into escrow. It did another thing, as well. It allowed the City Engineer, as I recall, to accept payments based on his estimate for their portion of the cost for perimeter struts which is separate and apart from the variance process. And I think that was the confusion earlier that Dave and I had when looked at me like I didn't know what I was talking abot So there are two -- the ordinance has two mechanisms and so you can do it either way. Either you can deny it and they can just automatically do it under PLANNING AND ZONING COMMISSION JANUARY 23rd, 2002 Page 17 - Page 20 CondenseltTM Page 21 I thc ordinance or you can do it as a partial variance. 2 COMMI~IONER RISHEL: And the first time he 3 apl~u~,d bcfore us, wc didn't have that mechanism in 4 place. 5 COMMI$$ION'F..R POWELL: NO, I understand 6 that. I'm not talking about the past. I'm just saying 7 that if we go along with Mr. Salmon's recommencl~ motion 8 and if Council does also, then in th~ futura if the 9 gent. l~aan wishes to go to the City Engineer, put up the 10 $5,400.00 times three, whatever that is, $16,200.00, I 11 guess, and then he never has to come hack to us; is that 12 correct? And then w~'re out of it and he -- 13 COMMISSIONER RISHEL: He can proceed. 14 COMMI~IONER POWELL: Arid that's it. 15 COMMISSIOI,~_a ~USt-IEL: Right. 16 COMMISSIOn, S.ri l, owEr. r.: Thank you. 17 COMMISSIONER R~S~t~.U: commissioner K~ith. 18 COMMISSIONER Ir~ITH: commissioner Powell 19 just explained it. Thank you. 20 ¢oM~,nSSIo~r~ PaS~mL: ¥~ah. St.,~unlin¢ 21 gov~'nn~nt, fight? We are on the fast track. 22 Commissioners? Commissioner Roy. 23 COMMISSIONER ROY: I'm ready to make a 24 motion. 25 ¢OMMI~S£ONER RISHEL: I'm ready for you. 1 2 3 4 5 6 7 8 9 ;0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 23 tim statement that the following it~ns have been continued to a dat~ c~ain which is February thc 13th, Items No. 7, 8, 9, 10, 11, and 12. So I'm just trying to keep our audience informed that the following items have been continued to a date c~r~ain, February 13th. Okay. on our -- 7.~,~. ?oin.g? OPen ~o i~$s,el~ur Agenda at the same/ ddi o , Iasc 3A, 14 her of Fan'is Road and SiJ.~ome Road intc'rsections, .1 with the same subject, the sa _/g~ce ol propc~a'y anyway. ., 2 of Lot 8, Block A of the Deerw~dciiuon,. Phase 3. 23 This 0.7 acre site~ 3907 Whitetail Dn~_Q~..... 24 is generall~erth of w_%_._tc_tail Drive 25 app.~mfft~lv 200 foot west of Wh'temil~nd Farris Page 22 /-'"'" T~~'e~'~isaOn Page 24 Thank you, sir. I Road intersection. · e-Family, COMMISSIONER ROY: I move that we accept ~ 2 :,:~; ,~ ~h~!)~?~:; [~il. an Agricultural zoning district ~ staff recommendation to disapprove the variance. ' 3 ~;~-~? T,~ c.~;.~,, ~ ~ ~.~.~:,~.~ dwellin~te. COMMISSIONER HOLT: Second. ~'~ And, obviously, these are~erent COMMISSIONER RISHEL: Commissioner Holt. . '5 things on our Agenda but v?~ler~ly related. Ms. Viera COMMtSSIONERHO T: Secend. wi presen,. COMMISSIOI~R RISHEL: We have a motion on 7 ,,,~ ~od evening, Commission.~,~ the floor, a motion first from Commissioner Roy and a 8 ~: ~(jz~:~.~a says, the first case second from Commissioner Holt. Any further discussion? 9 ......... *;!~: ~,:.~: wants to be subdivide~o lots. The Seeing no further discussion, please vote. Motion is ~ applicant wants the lots in~ay soshe can sell it to . denied 7-0. Let me make sure I phrased that correctly. 11 the neighbor a~bor can ~pand their backyard~~ COMMISSIONER POWELL: NO, you didn't phrase 12 ~t's sta~ with the first ~ it correctly. The motion was approved 7-0. The motion ~relimi_na.r~..replat meets the~,,.miokff~um was to deny. requirements. Staff is reco~g approval. If you COMMISSIONER RISHEL: And the motion was to 15 have any question~,,-~ deny. Thank you. That's what I was looking for 16 ~a atss~: nero No. 6, go/ clarification on. Thank you very much. 17 ~ou'd -- . .,_ ~ COMMISSIONER POWELL: I'm sorry, Mr. 18 Ms. VtERA: that is for 0.7_~re~and this is COMMISSIONER RISHEL: I just want to make 20 minimum re~. S_...__ taft recommends.a~ okay. · 5 O.ce that was Item on our on ad.es2 Agenda. I see seveI'al people that have come into the 24 asa mo~.o..ner h~re regardin~5 audience since we opened our meeting. I just want to make 25 or It~~e to present~uld you [ PLANNING AND ZONING COMMISSION JANUARY 23rd, 2002 Page 21 - Page 24 S:\Our Docmments\TXU Rare Increase Agenda Infb Sheer 2002. doc Agenda 02-010 Item 28 3/26/02 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET March 26, 2002 Legal Department Herbert Prouty, City Attorney SUBJECT: Consider approval of a resolution authorizing a steering committee of affected cities to retain legal counsel and rae case consultants in the matter of the Statement of Intent by TXU Gas Distribution Company to change rates; authorizing the hiring of additional consultants; authorizing the cities to intervene in related dockets before the Texas Railroad Commission; permitting Spencer Station Generating Company, L.P. to Intervene in this proceeding; and suspending the proposed tariff and schedule of rates of TXU Gas Distribution Company; adopting findings in the preamble; and providing an effective date. BACKGROUND: On March 1, 2002, TXU Gas Distribution, a division of TXU Gas Company (TXU Gas) filed with the City its statemem of imem to increase the residemial, commercial, and industrial rates for natural gas services within an area referred to as the North Texas M~troplex Distribution System. Attached as Exhibit 1 is an Executive Summary of the Rate Increase Request provided by TXU Gas. The list of cities affected and the proposed changes in rates is shown in Exhibit 1. This System consists of some 107 cities ircluding the City of Denton. TXU Gas indicates that the rates requested would increase its annual revenues by $33,900,000 or 8.01%. TXU Gas says this would constitute an average increase in a residential gas bill of $3.00 per month or 8% for a 6 MCF bill. The increase for DeNon is more dramatic. TXU is asking for an increase in DeNon of $1,207,538 or a 10.34% increase. This increase appears to fall most heavily on residential customers since $806,986 of the increase would be on the residemial side or an increase of 12.5% for the average residential customer. This is a major change in rate since Section 104.101 of the Utilities Code defines major change as an increase in rates that would increase aggregate revenues more than $100,000.00 or 21/2 %. The last rate increase requested by TXU Gas was filed in February of 2001. The City Council suspended the rates for 90 days in that case, joined the coalition of Northwest Metro/Mid Cities Distribution System, and hired Diversified Utility Consultants, Irc. to study the rate increase and provide a recommendation. The Council approved a rate increase in July of last year that was suppose to be approximately 70% of what TXU Gas had requested in their revised filing for residential and commercial customers. The City Council refused to set industrial rates and approved the then existing contractual rates. TXU Gas subsequently claimed it received more in residential, commercial, and industrial rates than you approved in Ordinance No. 2001,251, which approved TXU Gas' last rate increase on July 17, 2001. The biggest discrepancy was in industrial rates where TXU Gas requested and represented to you that the industrial rate increase if approved would be about $220,000 annually. They are now claiming the actualindustrial increase you approved was over $580,000 with 80% of that increase allocable to the Spencer Electric Generating Station. This is one of the matters in contention in the litigation styled S:\Our Docmments\TXU Rare Increase Agenda Infb Sheer 2002. doc Spencer Generating Company, L.P. v. TXU Gas Company, et al. and in proceedings before the Texas Railroad Commission. On March 15, 2002, the City Manager received Spencer Station Generating Company, L.P.'s ("Spencer")~the owner and operator of the Spencer Electric Generating Station--Plea In Intervention seeking permission to participate as a party in this proceeding. We believe that Spencer is an affected person as defined in Texas Utilities Code Section 101.003(1)(B)--a person whose utility service or rates are affected by a proceeding before a regulatory authoriy-- and should be allowed to imervene in this proceeding. A coalition of cities affected by the current request has been formed. Two meetings to discuss the rate increase and the possible formation of a coalition of cities to investigate the request have been held in Arlington. The latest meeting was held on March 18, 2002. The attached resolution authorizes Denton to participate jointly with other cities in the distribution system to independently analyze the TXU filing and authorizes Spencer to partidpate as a party in this proceeding. In order to do this, the resolution also suspends the proposed effective date of the rate change for an additional ninety days. Another option is for Denton to suspend the rates but not to join the coalition and hire a rate consultant similar to what it did in 1998. Additional information about the advantages and disadvantages of these two options are discussed in the Legal Department status report. OPTIONS: 1) 2) 3) 4) s) Allow the increase to go imo effect on April 5, 2002 Deny the rate increase. Approve the increase with changes. Suspend the effective date of the increase for 90 days and authorize the hiring of a rate consultant to study the increase without joining the coalition of cities. Suspend the effective date of the increase for 90 days and join the coalition of cities while hiring independent rate consultants to assist any consultants hired by the coalition and authorize Spencer to intervene in this proceeding. RECOMMENDATION: Staff recommends Option 5 to approve the resolution which would suspend the requested rate increase of TXU Gas for a period of 90 days from the requested effective date of March 23, 2001, join the coalition of cities, authorize Spencer to imervene, and authorize the Steering Committee to retain consultants for independent analysis of the TXU filing. The resolution would also authorize the City Manager to hire the Law Offices of Jim Boyle to assist the coalition consultants. Due to the problems encountered with TXU Gas over the last rate increase, the ongoing litigation, and the proceedings before the Railroad Commission regarding the Spencer Generating Station gas rate, and the intervention of Spencer in this proceeding, we believe it is important for Demon to hire the Law Offces of Jim Boyle to assist the Coalitions' consultants. Jim, through his participation in the Spencer Generating Company litigation and the proceedings before the Texas Railroad Commission, is uniquely qualified to address issues related to the Spencer Hectric Generating Station and to assist the coalition consultants in the investigation of TXU Gas' rate increase request. This is a complex rate case which requires special expertise to evaluate the fairness and reasonableness of the rates and rate design that the City's staff does not have. Page 2 S:\Our Docmments\TXU Rare Increase Agenda Infb Sheer 2002. doc FISCAL INFORMATION: As indicated above, the impact of this increase on the City of Demon would result in an annual increase in TXU Gas' revenue of $1,207,538 or a 10.34% annual increase. There will be a cost for he coalition rate consultants and the attorneys to do the study shared with other cities who may form a coalition to investigate this rate increase request. You would also be responsible for the cost of hiring the Law Firm of Jim Boyle to assist the coalition consultants. Under your new TXU Gas Franchise, Demon will be responsible for the first $25,000 of its portion of the rate case expenses. TXU Gas, under Section 103.022 of the Utility Code, is responsible for reimbursing the reasonable cost of servi:es of rate consultants above this amoum. Respectfully submitted, BY: Herbert L. Prouty City Attorney Page 3 X X I I I I I ! X ~ E I I i c- 1 Z i¢ ~°~ ~.~ _~ ~~ ~8888~ V v X o! lunouJ~ X X m ~ 0 X o~§ ZO~ UJ o~, 0 t~ 0 © 0 0 ' RECEJVEB STATEMENT OF INTENT TO CHANGE § RESIDENTIAL, COMMERCIAL AND § INDUSTRIAL RATES, TO CLOSE CERTAIN § INDUSTRIAL RATE SCHEDULES § (INCLUDING INDUSTRIAL RATES-N) TO § NEW CUSTOMERS, TO ELIMINATE § MILITARY RATES-N, TO ELIMINATE RATE § SCHEDULES FOR PUBLIC FREE § SCHOOLS-N AND COMMERCIAL § CONTRACT FOR PUBLIC SCHOOL GAS § SERVICE, TO ELIMINATE THE WEATHER § NORMALIZATION ADJUSTMENT CLAUSE § TO ELIMINATE THE COST OF SERVICE § ADJUSTMENT CLAUSE, TO ELIMINATE § THE PLANT INVESTMENT COST § ADJUSTMENT CLAUSE, TO PROVIDE § FOR A SURCHARGE FOR § UNCOLLECTIBLE EXPENSES; AND TO § PROVIDE FOR A MISCELLANEOUS § SERVICE CHARGE FOR THE TEMPORARY § DISCONTINUANCE OF SERVICE § CiTY MANAt ER'S OFFICE BEFORE THE CITY OF DENTON, TEXAS ~'~A~. ~N~O^. ~l~T .~ SPENCER STATION GENERATING COMPANY, L.P.'S PLEA tN INTERVENTION Spencer Station Generating Company, L.P. (Spencer) files this Plea in Intervention in the above-captioned proceeding, and in support thereof respectfully shows the City of Denton (City) the following: 1. Spencer owns and operates the Spencer Generating Station (Spencer Station), a gas-fired electric generation facility located within the City; 2. TXU Gas Distribution (TXU GD) has filed a Statement of Intent which, among other things, requests the City to approve new transportation rates for gas distribution service to contract industrial customers, including electric generation customers, in the City; 0441,43.0035 AUSTIN 268744 v2 3. The transportation rates that TXU GD proposes to charge for gas distribution service to contract industrial customers in the City are subject to the City's jurisdiction pursuant to Texas Utilities Code (TUC) Section 103.001; 4. In other proceedings before the City, the Railroad Commission of Texas (Commission), and the Denton County District Court (Court), TXU GD has asserted that TXU GD currently provides gas distribution service to the Spencer Station, an assertion that Spencer disputes; 5. The City's consideration of TXU GD's Statement of Intent in this proceeding affects Spencer's gas utility service and rates; 6. Spencer is an affected person, as defined in Texas Utilities Code Section 101.003(1)(B); 7. Spencer has a justiciable interest in the matters raised by TXU GD's Statement of Intent; and 8. No other party can adequately represent Spencer's interest in this proceeding. For the foregoing reasons, Spencer respectfully requests the City to permit Spencer to participate as a party in this proceeding, to add Spencer to the service list in this proceeding, and to grant Spencer such other and further relief to which it may show itself to be entitled. 044143.0038 AUSTIN 268744 v2 Respectfully submitted, AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P. G. Gail Watkins State Bar No. 20923400 Robert F. Biard State Bar No. 02287500 AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P. 1900 Frost Bank Plaza 816 Congress Avenue Austin, Texas 78701 (512) 499-6212 (512) 703~1111 Fax ATTORNEYS FOR SPENCER GENERATING COMPANY, L.P. STATION 044143.0038 AUSTIN 268744 v2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing docu_m~,nt has been served by first class U.S. Mail to the parties listed below on this/._,~~of March, 2002. Robert F. Biard Mr. Autry Warren TXU Business Services 1601 Bryan Street Dallas, Texas 75201-3411 Mr. Stephen Houle TXU Gas Distribution 1601 Bryan Street Ste. 32-002 Dallas, Texas 75201-3411 Mr. Herb Prouty Legal Department City of Denton Municipal Building 215 E. McKinney Denton, Texas 76201 Mr. Michael A. Conduff City Manager City of Denton Municipal Building 215 E. McKinney Denton, Texas 76201 044143.0038 AUSTIN 268744v2 4 S:\Onr D ocmm ent skRes olurion s\02 \TXU Case Consultants.doc\ RESOLUTION NO. A RESOLUTION AUTHORIZING A STEERING COMMITTEE OF AFFECTED CITIES TO RETAIN LEGAL COUNSEL AND RATE CASE CONSULTANTS IN THE MATTER OF THE STATEMENT OF INTENT BY TXU GAS DISTRIBUTION COMPANY TO CHANGE RATES; AUTHORIZING THE HIRING OF ADDITIONAL CONSULTANTS; AUTHORIZING THE CITIES TO INTERVENE IN RELATED DOCKETS BEFORE THE TEXAS RAILROAD COMMISSION; PERMITTING SPENCER STATION GENERATING COMPANY, L.P. TO INTERVENE IN THIS PROCEEDING; AND SUSPENDING THE PROPOSED TARIFF AND SCHEDULE OF RATES OF TXU GAS DISTRIBUTION COMPANY; ADOPTING FINDINGS IN THE PREAMBLE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, TXU Gas Distribution Company, (hereinafter called "TXU Gas"), on March 1, 2002, filed a Statement of Intent to Change Rates with individml cities for an increase in rates; and WHEREAS, TXU Gas has proposed that the change in gas rates would become effective April 5, 2002, and would increase TXU Gas's annual revenue by $33.9 million, or 8.02% in 107 cities in the North Texas Metroplex Dislribution System which includes an annual increase of $1,207,538 or an increase of 10.35% to rate payers within the City of Denton; and WHEREAS, the municipality of DeNon, Texas, (hereinafter called "City") is a regulatory authority having a statutory duty to participate in such proceedings and whose citizens will be substantially affected by the rates established as a result of such proceedings; and WHEREAS, the City is emitled to be reimbursed for its reasonable expenses, pursuant to the Texas Gas Utilities Regulatory Act; and WHEREAS, a steering committee of the Northwest Metroplex Distribution System cities has been formed to facilitate and coordinate the participation of cities in the service area of TXU Gas in these rate proceedings; and WHEREAS, after having considered information from TXU Gas, it is the opinion of the City Council of the City of Denton, Texas, that the proposed Schedule of Rates should be suspended for a period of ninety (90) days from the effective date stated in TXU Gas' Satemem of Intern or other documemation, as initially filed or hereafter revised, for further study, investigation, presentation of evidence and public hearing; and WHEREAS, on March 15, 2002, the City Manager received Spencer Station Generating Company, L.P.'s ("Spencer") Plea In Intervemion seeking to imervene in this proceeding and requesting the City to permit it to participate in this proceeding to investigate and consider TXU Gas' Statement of Intent to change rates; and S:\Onr D ocmm ent skRes olurion s\02 \TXU Case Consultants.doc WHEREAS, it is in the public interest to join with other cities to review such filing and presem evidence as may be appropriate before the Texas Railroad Commission, all as directed by the steering committee of affected cities and to allow Spencer to intervene as an affected peson; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council of the City of Denton, Texas, authorizes the City Attorney to represem the City on the Steering Committee of affected cities (hereinafter clled "Steering Committee") and authorizes the Steering Committee of which the City is a participating member, to retain legal counsel and engage rate case consultants, and to intervene on behalf of the City in related dockets and appeals. SECTION 2. That the City Council authorizes the City Manager to hire the Law Offices of Jim Boyle to review the Steering Committee's consultants findings with respect to the City of Denton service area and to assist the Steering Committee consultants in this proceeding. SECTION 3. In order to allow the City of Denton, Texas, sufficient time to analyze and prepare for a hearing and a decision on any requested rates, the City Council of the City of DeNon, Texas, hereby suspends the operation of the proposed tariffs and Schedule of Rates, which would otherwise go imo effect for a period of ninety (90) days from the effective date stated in TXU Gas' Statement of Intent, or other documentation, as initially filed or hereafter revised, i.e., suspension until midnight, July 3, 2002, and for such additional period of time as may be necessary and authorized by law. During such period of suspension, the rates in force shall be those rates in effect when the suspended schedule was first filed and shall cominue in force until finally approved, modified, or denied by the City Council. SECTION 4. The City of DeNon, Texas, should join with other participating cities to review such filing and to intervene before the Texas Railroad Commission, subject to the right to terminate such participation at anytime by written notice and to act independently in the exercise of local regulatory authority. SECTION 5. The City Council has reviewed the Spencer Station Generating Company, L.P.'s Plea In Intervention, a copy of which is attacked to and made a part of this Resolution, finds that Spencer Station Generating Company, L.P. is an affected person as defined in Texas Utilities Code Section 101.003(1)(B) and Spencer's Plea In Intervemion is accepted and Spencer is hereby authorized to participate as a party in this proceeding--the City's consideration of TXU Gas' Statement of Intent to Change Rates~and is added to the service list in this proceeding. SECTION 6. The City Secretary shall cause copies of this resolution to be sent to the TXU Gas representative and Spencer Station Generating Company, L.P.'s representative: Page 2 of 3 S:\Onr D ocmm ent skRes olurion s\02 \TXU Case Consultants.doc James Johnson, Town Manager Oncor Distribution Division 106 S. Bradshaw Denton, TX 76205 James A. Tramuto V.P. External Relations, West Region PG&E Natural Energy Group 1100 Louisiana, Suite 1650 Houston, Texas 77002 and to: Jay B. Doegey City Attorney City of Arlington Post Office Box 231 Arlington, Texas 76004-0231 for forwarding to the Steering Committee. SECTION 7. That all of the declarations and the findings contained in the preamble to this resolution are made a part hereof and shall be fully effective as a part of the resolved subject matter of this resolution. SECTION 8. That this resolution shall become effective immediately upon is passage and approval. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY RONI BEASLEY, MAYOR PRO TEM BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 3 of 3 Agenda 02-010 Item 29 3~26~02 AGENDA INFORMATION SHEET AGENDA DATE: March 26, 2002 DEPARTMENT: City Manager's Office CM: Mike Conduff, City Manager SUBJECT Consider approval of a resolution of the City of Denton, Texas, announcing special called meetings and changing the meeting times of the April 2 and April 9, 2002 City Council meetings; and providing for an effective date. BACKGROUND On April 2 and April 9, 2002, the Council will hold special called meetings at 3:00 p.m. to facilitate the opening and accepting of bids for the award of general obligation bonds, certificates of obligation and revenue bonds. As Council will already be presem for that session, staff suggests an earlier start time for the work sessions and other portions of the meetings to help accommodate council's busy schedule. S:\Our Docmments~esolurions\02\changing CC meeting times.doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, ANNOUNCING SPECIAL CALLED MEETINGS AND CHANGING THE MEETING TIMES OF THE APRIL 2 AND APRIL 9, 2002 CITY COUNCIL MEETINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 4.1 of the City Council Rules of Procedure specifies a 6:30 p.m. starting time for regular meetings on the first and third Tuesday and for executive sessions at 5:30 p.m., and Section 4.3 of the Rules of Procedure provides that workshop meetings or work sessions may be held from 4:30 until 6:30 on the second Tuesday of each month to discuss mid to long-range issues; and WHEREAS, the Rules provide that the City Council may set its meetings at any other time and the City Council desires to change the times fcr the April 2 and April 9, 2002 meetings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That there will be a special called meeting on April 2, 2002, beginning at 3:00 p.m. and ending at 3:15 p.m. to be followed 1~ a work session beginning at 3:15 p.m. and ending at 4:00 p.m. to be followed by an executive session, if necessary, with the regular meeting beginning at 5:00 p.m. During the meeting of April 2, citizens' reports will be moved to the end of the meeting to accommodate citizens arriving late. SECTION 2. That there will be a special called meeting on April 9, 2002 at 3:00 p.m. and ending at 3:15 p.m. to be followed by an executive session, if necessary, with a long range planning work session meeting corrmencing at 4:00 p.m. SECTION 3. The special called meeting on of April 2, 2002, as well as the special called and long range planning meeting of April 9, 2002, will be held in the work session room in City Hall at 215 E. McKinney, Denton, Texas, while lhe regular meeting to commence at 5:00 p.m. on April 2, 2002, will be held in the City Council Chambers in City Hall at 215 E. McKinney, Denton, Texas. SECTION 4. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR S:\Our D ocmm ent s~Res olurion s\02 \ch an gin g CC meeting times.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2