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Home My WebLink AboutMarch 7, 2006 Agenda AGENDA CITY OF DENTON CITY COUNCIL March 7, 2006 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, March 7, 2006 at 5:00 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: 1. Receive a report, hold a discussion and give staff direction concerning the establishment of a City Council Ad Hoc Development Review Committee. 2. Receive a report, hold a discussion and give staff direction on a Public Art Policy. 3. Receive a report, hold a discussion and give staff direction on possible amendments to requirements for parking in front of buildings and to criteria for Alternative Development Plans (ADPs). 4. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of March 7, 2006. Following the completion of the Work Session, the City 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 right 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. Consultation with Attorney - Under Texas Government Code Section 551.071 1. Consultation with the City's attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City's northern ETJ, under Annexation Case No. A05-0002, along with other legal issues related to the annexation, including zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues implicated by alternative proposals advanced by individuals owning property within the proposed annexation area. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the City's legal position in any administrative proceedings or potential litigation. 2. Consultation with the City's Attorneys, and receipt of legal advice, regarding potential bargaining issues to be raised by management team representatives during Meet and Confer negotiations with the International Association of Fire Fighters Local 1291, pursuant to Texas Local Government Code sec. 142.101, et seq. A private caucus on this topic is City of Denton City Council Agenda March 7, 2006 Page 2 specifically authorized by Texas Local Government Code 142.113(b), and public discussion would otherwise conflict with the duties of the City's attorneys to maintain confidential communications with the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 3. Receive legal advice from the City Attorney regarding the Award of Special Commissioners and procedural options in condemnation proceedings styled The City of Denton, Texas v. Julian Chavez, et ai., Cause No. ED-2004-00088 pending in the Probate Court of Denton County, Texas. 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 7, 2006 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: 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2. PROCLAMA TIONS/PRESENTA TIONS A. Proclamations/Awards 3. 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. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. City of Denton City Council Agenda March 7, 2006 Page 3 Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - N). 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 A - N 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. A. Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute on behalf of the City of Denton Amendment NO.2 to an Airport Project Participation Agreement with the Texas Department of Transportation dated January 8, 2002 relating to the construction of improvements at the Denton Municipal Airport, and declaring an effective date. The Airport Advisory Board recommends approval (5-0.) B. Consider approval of a resolution of the City Council of the City of Denton, Texas, adopting Section 33.11 of the Texas Property Tax Code; providing for imposing an early collection costs penalty for taxes imposed on personal property; and providing an effective date. C. Consider approval of tax refunds for the following property taxes: Tax Year Name Reason Amount 2. 2005 4. 2005 6. 2005 8. First Horizon Home Loans Erroneous 2005 D. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of HDPE Pipe and Accessories for the City of Denton Solid Waste Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 3448 - Annual Contract for HDPE Pipe and Accessories awarded to the lowest responsible bidder, Forrer Supply Company, Inc. in the annual estimated amount of $30,000). The Public Utilities Board recommends approval (5-0). E. Consider adoption of an ordinance accepting competitive bids and awarding a two year contract for the purchase of Manual PME 9,10 and 11 Padmounted Switchgear; providing for the expenditure of funds therefor; and providing an effective date (Bid 3457 - Two Year Contract for Manual PME 9,10 and 11 Padmounted Switchgear awarded to the lowest responsible bidder, Priester Supply, in the annual estimated amount of $255,119). The Public Utilities Board recommends approval (5-0). City of Denton City Council Agenda March 7, 2006 Page 4 F. Consider adoption of an ordinance accepting competitive bids and awarding a three year contract for the purchase of Waterford Series Decorative Streetlight Poles; providing for the expenditure of funds therefor; and providing an effective date (Bid 3460 - Three Year Contract for Waterford Series Decorative Concrete Streetlight Poles awarded to Lonestar Prestress Manufacturing, Inc. in the annual estimated amount of $69,000). The Public Utilities Board recommends approval ( 5-0). G. Consider adoption of an ordinance accepting competitive bids and awarding a three year contract for the purchase of Automatic Meter Reading System; providing for the expenditure of funds therefor; and providing an effective date (Bid 3449- Three Year Contract for Automatic Meter Reading System awarded to the lowest responsible bidder meeting specifications for each item in the annual estimated amount of $106,840). The Public Utilities Board recommends approval ( 5-0). H. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of Irrigation Parts and Supplies; providing for the expenditure of funds therefor; and providing an effective date (Bid 3464 - Annual Contract for Irrigation Parts and Supplies awarded to Longhorn Supply Inc. in the estimated amount of $64,000). I. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with the firm of Malcolm Pirnie, Inc. to provide engineering services for the preliminary design of the Lake Lewisville Water Treatment Plant Upgrade; authorizing the expenditure of funds therefor; and providing an effective date (File 3430 in an amount not to exceed $200,000). The Public Utilities Board recommends approval (5-0). 1. Consider adoption of 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 the state law exempting such purchases from the requirements of competitive bids; and providing an effective date (File 3473 - Agreement with North Texas Umpire Association in the amount of $40 per game for an estimated award of $44,000). K. Consider adoption of an ordinance approving the extension of an agreement between the City of Denton and the Historical Park Foundation of Denton County, Inc., for the payment and use of hotel tax revenue; and providing an effective date. L. Consider approval of a resolution allowing Tejas Storytelling Association to be the sole participant allowed to sell alcoholic beverages in the Civic Center Park at the Texas Storytelling Festival on March 31 - April 2, 2006, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommends approval (5-0). City of Denton City Council Agenda March 7, 2006 Page 5 M. Consider adoption of an ordinance of the City of Denton, Texas authorizing payment of the award of special commissioners into the registry of the court in condemnation proceedings styled The City of Denton, Texas v. Julian Chavez, et ai, Cause No. ED-2005-00088 pending in the probate court of Denton County, Texas; and declaring an effective date. N. Consider approval of the minutes of: February 6, 2006 February 7, 2006 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance regarding an amendment to Subchapter 4 of the Denton Development Code, concerning the Development Review Committee. The Planning and Zoning Commission recommends approval (5-0). (DCA 05-0013, Amendment to 35.4.4 Development Review Committee. B. Continue a public hearing and consider adoption of an ordinance regarding an Alternative Development Plan for a proposed Retail and Office development on approximately 25 acres. The subject property is generally located on the Northwest corner of University Drive and Old North Road intersection. The property is located in a Neighborhood Residential Mixed Use (NRMU) zoning district and Commercial Mixed Use General (CM-G) zoning district. The purpose of the Alternative Development Plan is to deviate from the requirements of Subchapter 13 of the Development Code. The Planning and Zoning Commission recommends approval with conditions (7-0). (ADP05-0008, The Shops at Old North) 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance approving the acquisition of professional audit services for the review of royalties paid to the City of Denton for gas well leases within the City of Denton; authorizing the City Manager or his designee to execute a professional services agreement with Diversified Utility Consultants, Inc.; authorizing the expenditure of airport gas well revenues for the audit of airport gas wells; authorizing the expenditure of additional funds for audit services subject to the City Manager's approval; and providing an effective date. The Airport Advisory Board recommends approval (6-0). B. Consider nominations/appointments to the City's Boards and Commissions. C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Tomasa Garcia regarding Federacion Latino-Americana de Futbol Soccer. B. Robert Donnelly regarding tax credit apartments. City of Denton City Council Agenda March 7, 2006 Page 6 C. Gerald DeMarsh regarding Police Department issues. D. Kent Bass regarding City Barge on Lake Lewisville. E. Bob Clifton regarding City business. F. Willie Hudspeth regarding concerns of Southeast Denton. G. Jordan Hudspeth regarding concerns of Southeast Denton. H. Lanisha Hudspeth regarding concerns of Southeast Denton. I. Hagar Hudspeth regarding concerns of Southeast Denton. D. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. E. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. G. 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 Denton, Texas, on the day of ,2006 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 IMP AIRED 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. Revised 3/3/2006 AGENDA INFORMATION SHEET AGENDA DATE: March 7, 2006 CM: City Manager's Office Howard Martin, 349-8232 .. DEPARTMENT: SUBJECT Receive a report, hold a discussion and give staff direction concerning the establishment of a City Council Ad Hoc Development Review Committee. BACKGROUND At the City Council meeting of Feb ih, Pete Kamp requested the development of a City Council Ad Hoc Development Review Committee. The primary purpose of the Committee would be to review proposed amendments to existing development criteria, as well as to recommend changes to the Denton Development Code that would improve the effectiveness, clarity and focus of the development process in the City of Denton. The committee could include both members of City Council and the Planning and Zoning Commission. The City Council would appoint two to three members from both the City Council and the Planning and Zoning Commission to serve on this committee. It may be appropriate to consider additional membership on this committee. The Director of Planning and Development and appropriate staff would provide the support for committee activities. Since this committee is proposed to be an Ad Hoc committee, there would be no requirement to formally approve the committee structure and scope by resolution, unless directed by Council. It is anticipated that this committee would need to function for approximately 12 to 18 months to adequately review the priority issues identified by Council. This committee would need to meet a minimum of once per month and depending on workload, may need to meet twice per month. PRIOR ACTIONIREVIEW (Council. Boards. Commissions) N/A FISCAL INFORMATION N/A EXHIBITS None Howard Martin Interim City Manager AGENDA DATE: DEPARTMENT: CM: AGENDA INFORMATION SHEET March 7, 2006 Parks and Recreation Department Howard Martin, 349-8232 .. SUBJECT Receive a report, hold a discussion and give staff direction on a Public Art Policy. BACKGROUND On November 15, 2005, the City Council directed staff to initiate a process to research and develop a public art policy for the City of Denton. Staff was also directed to coordinate the development of a public art policy as a public/private cooperative with the Greater Denton Arts Council, and as part of that process, insure input from a broad spectrum of public and private stakeholders. On December 12,2005, the Public Art Policy Development Task Force (Exhibit 1) held an organizational meeting to establish the process and schedule for developing a Public Art Policy. The Task Force, led by Chair Roni Beasley, developed the following process: Dec.12,2005 Jan. 4,2006 Jan.19,2006 Feb. 1,2006 Feb. 16,2006 March 6, 2006 March 21, 2006 April 3, 2006 April 18, 2006 Organizational Meeting Discuss Structure of Policy Discuss Options for Major Sections Review Staff Draft Policy Make Final Recommendation Park Board meeting - Discussion item only Presentation to City Council in Work Session Park Board meeting - Final Action City Council- Final Action The Task Force reviewed and researched public art policies from across the country and selected the policy of Arlington County, Virginia, as a model from which to work. The Task Force was deliberate in following the goals and strategies established for public art as identified in The Denton Plan. The Task Force's intent was to establish a policy that was broad and flexible in nature, allowing more specific recommendations to follow in the form of resolutions and/or ordinances. In summary, the policy as drafted: . Defines Public Art - Public art is visually or physically accessible to the public and is acquired by, donated to, and approved by the City of Denton. . Establishes Policy Administration - The Parks and Recreation Department (PARD) will administer the policy in collaboration with the Greater Denton Arts Council (GDAC). A Public Art Committee appointed by City Council will advise the Parks, Recreation and Beautification Board related to policy administration. . Insures Community Involvement - The Public Art Committee, PARD and GDAC will coordinate efforts to educate and inform citizens about projects and the process for involvement. . Establishes Public and Private Funding Mechanisms - Public funding would be provided through a base of 2% from all future CIP programs, Hotel Occupancy Tax (HOT) revenues and tax abatement savings. The policy protects current and future funding levels of art groups receiving HOT fund revenues. Private funding would be pursued through grants, donations and contributions. . Sets Guidelines for Site Selection, Eligibility, Art and Artist Selection - General parameters are provided in these areas, leaving specific standards and criteria to be established by the Public Art Committee with ultimate approval by City Council. . Identifies Ownership and Copyright of Art - Public art will be the property of the City of Denton with legal title and copyrights spelled out contractually with the artist. . Establishes Maintenance Planes) for Artwork - All permanent public art projects must have a short and long-term maintenance plan that projects both staff time and funding required to properly maintain the work. . Allows for Accessioning, Deaccessioning and Resiting of Public Art - Provides guidelines that will allow final authority with the City of Denton to accept, dispose of and/or relocate artwork . Anticipates Long-Term Issues - Temporary exhibits/installations will be allowed and governed by this policy and provides for the lending of appropriate collections and pIeces. As stated in the goals of the policy, the establishment of a Public Art Policy will promote a community environment that attracts artists to live and work, businesses to invest and locate, and residents to thrive. OPTIONS Council may direct staff and the Public Art Policy Development Task Force to make adjustments to the policy or accept the policy as written and place on a future agenda for final consideration. RECOMMENDA TION At its February 16,2006, meeting the Public Art Policy Development Task Force voted unanimously to recommend the Public Art Policy as drafted for approval. ESTIMA TED SCHEDULE OF PROJECT March 7, 2006 Present to City Council in Work Session April 3, 2006 Present to Parks, Recreation and Beautification Board for final recommendation to City Council April 18, 2006 Present to City Council for final consideration and adoption PRIOR ACTIONIREVIEW (Council. Boards. Commissions) November 7, 2005 Parks, Recreation and Beautification Board reviews policy development process as Discussion Item. November 15, 2005 City Council reviews policy development in Work Session March 6, 2006 Parks, Recreation and Beautification reviews policy as Discussion Item FISCAL INFORMATION Funding mechanisms as identified in the Public Art Policy will include a base of 2% from all future CIP programs, Hotel Occupancy Tax (HOT) revenues and tax abatement savings. The policy protects current and future funding levels of art groups receiving HOT fund revenues. Private funding would be pursued through grants, donations and contributions. Funding of the maintenance and management of public art will impact the General Fund operation and maintenance budget of the Parks and Recreation Department. All permanent public art projects must have a short and long-term maintenance plan that projects both staff time and funding required to properly maintain the work. EXHIBITS 1. Public Art Policy Task Force Roster 2. Draft Public Art Policy 3. The Denton Plan - References to Public Art 4. HOT Fund Budget Summary 5. HOT Fund Projected Revenue Scenario Current Allocation Levels and Projected Scenarios 6. Survey of Public Art Policies Respectfully submitted: Janet Fitzgerald, Director Parks and Recreation Department Public Art Policy Development Task Force Roster Roni Beasley, Chair The Arts Guild Geri Aschenbrenner Lynne Cagle Margaret Chalfant Allyson Coe Jack Davis Janet Fitzgerald Jo Kuhn Janie McLeod Jerry Mohelintzky Betty Roy Joy Siegmund Becky Sylvera Rudy Thompson John Weinkein J 0 Williams Parks, Recreation and Beautification Board Visual Arts Society of Texas Greater Denton Arts Council Executive Director Leadership Denton Class (ad hoc member) UNT Department of Visual Arts Parks and Recreation Department Director Parks, Recreation and Beautification Board Parks and Recreation Department Economic Development Partnership Board The Arts Guild Greater Denton Arts Council Board The Arts Guild Keep Denton Beautiful, Inc. TWU - Department of Visual Arts Artist Greater Denton Arts Council Board Local Artists Visual Arts Society of Texas The Arts Guild Texas Woman's University Department of Visual Arts Image & Marketing Task Force DRAFT DRAFT DRAFT City of Denton Public Art Policy I. Intent and Purpose The City of Denton's Public Art Policy confirms the commitment that the Denton community has for sustaining and promoting its unique, creative identity. Art enhances the cultural, physical, and psychological environment by enlivening and humanizing public spaces. As stated in The Denton PlanI: "Public art provides a number of benefits to the city. It can create interest, create local distinctiveness, provide a memorable image associated with the city or certain districts within the city, lend character to urban spaces, and make the urban environment more attractive." Denton has experienced a rich tradition of promoting the arts for over a century. The first art course was taught at the University of North Texas (Texas Normal College and Teacher Training Institute) in 1894 and at Texas Woman's University (Girls Industrial College) in 1901. Both art programs have had a significant impact on Denton, which continues today, making it a home for hundreds of professional artists and influencing Denton's visual heritage. In recognition of the role that public art already plays in Denton, by interpreting its history, character, and aspirations, and of the importance of integrating public art into the daily lives of its citizens, the City of Denton' s Public Art Policy is established to achieve the following goals: . Create distinct, attractive, and inviting public space by including public art as an integral part of the design of spaces and around development. . Celebrate Denton's cultural heritage and diversity by encouraging collaboration between artists and the community. . Distinguish Denton's image in the metroplex by providing for the creation of quality public art in locations of prominent stature. . Foster community education and enjoyment of public art. . Promote a community environment that attracts artists to live and work, businesses to invest and locate, and residents to thrive. . Encourage participation in the provision of public art through public and private investment. . Advance collaboration between the City of Denton and the Greater Denton Arts Council (GDAC) in achieving the goals of this policy. 1 Denton Plan 1999-2020 Comprehensive Plan of the City of Denton, Texas Policies, Goals, Strategies & Implementation. - 1 - DRAFT DRAFT DRAFT II. Definition of Public Art Public art, as defined by this policy, encompasses the broadest definition of visual art including all artistic disciplines. Public art governed by this policy shall be art that is visually or physically accessible to the public and that is acquired by, donated to, and approved by the City of Denton. Public art that is neither paid for with public funds, nor created through special conditions by approval of the City of Denton, is not governed by this policy. III. Policy Administration The City Council shall establish and appoint a Public Art Committee that will serve in an advisory capacity to the Parks, Recreation and Beautification Board and the City Council. This Public Art Committee, established by separate ordinance, will make recommendations on the: . Commissioning, placing, and installing of public art . Implementation of funding mechanism(s) for public art . Effective and efficient management of public art . Ongoing maintenance of public art . Accessioning, deaccessioning and resiting of public art The Public Art Committee will provide an annual report detailing its goals and accomplishments related to the implementation of this policy. The Parks and Recreation Department will administer the Public Art Policy for the City of Denton in collaboration with GDAC. The Denton City Council will appoint two members representing the GDAC to the Public Arts Committee. The GDAC Board of Directors will nominate these members. GDAC Executive Director and the Parks & Recreation Director will serve as an ex-officio member on the Public Art Committee. The Public Art Committee will develop detailed guidelines outlining all aspects involved with the implementation of this policy. IV. Community Involvement The Parks, Recreation and Beautification Board and the City Council ensure citizen involvement through the establishment of the Public Art Committee and the review and approval of each public art project. In addition, the Public Art Committee will work with GDAC and local educational institutions to educate and inform citizens about projects and the process for involvement. v. Fundin2 Funding for public art should be realized from both public and private sources to insure a broad and balanced program. - 2 - DRAFT DRAFT DRAFT Public Funding . The City of Denton shall include a base of 2% for the arts from all future Capital Improvement Programs, with the option and flexibility to increase to a 4% maximum, based on needs and economic conditions. Funds appropriated will be utilized to support City approved and initiated projects. Funds from individual projects can be combined into aggregate project(s). . Annually, commencing with program year 2007, at least 2.4% of the total Hotel Occupancy Tax revenues will be allocated for public arts projects as allowed under Texas Tax Code 351.103 (c). This represents 16.01% of the 15% maximum that is allowed for the arts category, and allows for sustained funding of existing agencies in the "Arts" category and provides a balance for potentially new agencies. Funding eligibility will be contingent on fulfillment of financial, reporting, and use requirements as outlined by the Hotel Occupancy Tax Program Guidelines. . Tax abatements to developers that include publicly accessible art as a significant component of the development are outlined in the Denton Policy for Tax Abatement. Fifty percent of the tax abatement savings from 5% abatement should be committed to public art. Private Funding . The Parks and Recreation Department, Public Art Committee, and GDAC will actively pursue public and private sources to fund public art initiatives. . Individuals, businesses and organizations will also be encouraged to make contri buti ons. All funds for public art received by the City of Denton from any source other than Capital Improvement Programs and HOT funds will be deposited in a public art agency account established by the City of Denton. This fund will be used to support city-initiated projects as approved by the City of Denton. The Parks and Recreation Department will administer this fund and agency account. The Public Art Committee will have responsibility for making recommendations for allowable uses of these funds with final approval by the City Council. VI. Site Selection As established in The Denton Plan: . The provision of public art will normally be expected as part of any large development scheme. . Public art should be considered as an integral part of the design of space in and around development. - 3 - DRAFT DRAFT DRAFT . The Public Art Committee should adopt standards to guide the placement of art in public places such as landmarks, view corridors, pockets, traffic circles, and other locations of prominent stature. Site locations for public art will be identified and recommended by the Public Art Committee to the Parks, Recreation and Beautification Board, with final approval by the City Council. The Public Art Committee will make its recommendations to: . Complement and supplement other planning documents and adopted masterplans. . Insure visual and physical access by the public. . Insure suitability and appropriateness of art to the site. . Provide a balanced and equitable distribution of art in the city. . Allow for efficient management and maintenance of the art at the site location. VII. Eli2ible Projects The Public Art Committee will be responsible for the development of specific guidelines in making recommendations for eligible projects. In general, eligible projects will include: . The commissioning of permanent works designed for specific public sites in Denton . The loan, purchase, or donation of art works . The installation of short-term projects that result in the creation of temporary or permanent public art VIII. Art and Artist Selection The Public Art Committee will develop and adopt specific criteria for the selection of artists and artwork with final approval from the City Council. Methods used for artist selection may include open competition, invitational competition, or direct selection and must comply with all laws, regulations, and city policies governing purchasing. IX. Ownership and COpyri2ht Permanent pieces of public art shall be the property of the City of Denton. The City shall own the physical work, with unlimited reproduction rights allowed the City for appropriate promotional and educational purposes. Legal title and copyrights in any work of public art will be spelled out contractually between the City and the artist/owner. x. Maintenance Prior to acceptance of any piece of artwork, the Public Art Committee is required to develop a recommendation for its short and long-term maintenance, including a budget for each project. All permanent public art projects must have a maintenance plan that projects both staff time and funding required to properly maintain the work. The City of - 4 - DRAFT DRAFT DRAFT Denton shall be responsible for the maintenance and management of city initiated public art projects. XI. Accessionin2. Deaccessionin2. and Resitin2 of Public Art Gift acceptance and placement of public art should be in accordance with historic use and in keeping with the City of Denton general public art goals. The quality, scale, and character of the gift should be appropriate to the particular setting. Donations of works that require the City of Denton to pay installation, framing, restoration, or repair are not encouraged. The City of Denton will evaluate such expenditures at the time the gift is considered. Works of art requiring high or excessive maintenance may be declined. All donations of art must be reviewed by the Public Arts Committee and the Parks, Recreation and Beautification Board, and must be approved by the City Council. In accordance with the provisions of guidelines established by Public Art Committee, the City of Denton shall deaccession and dispose of works of art in its collection only when it finds such action to be in the public interest or as a means of improving the quality of the collection or public safety . Works of public art may be relocated or removed if a gift or commissioned piece becomes a hazard or liability or if the approved terms of acceptance are not fulfilled. Works of art that meet the definition for public art covered by this policy but which came into existence prior to the adoption of the policy will be subject to this same deaccessioning procedure. XII. 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DEPARTMENT: SUBJECT Receive a report, hold a discussion and give staff direction on possible amendments to requirements for parking in front of buildings and to criteria for Alternative Development Plans (ADP's). BACKGROUND On January 17, 2006, the Council briefly discussed amendments concerning parking behind buildings and criteria for ADP's. Staff is bringing this item back to discuss alternative parking ideas and to discuss criteria for ADP' s in depth. On September 6, the Council finalized its prioritization of possible amendments to the Denton Development Code. Parking in front of buildings was identified as a high priority amendment. Because of the analysis performed concerning parking in front of buildings and Council discussions on Alternative Development Plans (ADP's), staff has also identified specific issues associated with the Development Code sections on Alternative Development Plans. Therefore this report addresses parking in front of buildings (otherwise referenced as parking between the building and the street) as well as Alternative Development Plans. Parking Between the Building And the Street The Development Code provisions concerning parking being required behind buildings apparently responds to the Denton Plan (see page 69 in the Urban Design sections, page 86 concerning arterial). The parking in the rear or side requirement was apparently put in place in order to create a streetscape and an environment along the street that is pedestrian friendly. Currently, new non-single family development throughout Denton is subject to the requirement to park behind buildings. Is this requirement acceptable in already primarily built out areas (e.g. University Drive Corridor)? Is the requirement acceptable in Unicorn Lake? In Unicorn Lake, arguably a greenfield, already two ADP's associated with parking between the building and the street have been granted. Are there transportation corridors in which Denton wants to foster certain streetscapes and pedestrian environments in which the prohibition should be continued? Staff agrees that universally requiring parking behind buildings is not reasonable. However, certain, and perhaps most greenfield development and certain transportation corridors and entry corridors should continue to be subject to the parking prohibition in order to achieve Denton Plan goals. The current applicability of the requirement for parking to be behind buildings is as follows for multi-family: RC, NRMU-12, NRMU, DR-2, DC-N, DC-G, CM-G, CM-E, RCR-l, RCR-2, RCC-N, RCC-D. The current applicability of the requirement for parking to be behind buildings is as follows for all non-residential and mixed use buildings: All districts except RD-5, NR-l through NR-6. Staff proposes that land in the following zoning categories continue to be subject to the requirement for parking behind buildings: Neighborhood Residential (NRMU 12 and MRMU), Downtown University Core districts, and Community Mixed Use Centers districts and specific Regional Mixed Use Centers. Staff proposes that the following areas, zoned in the above categories should be exempt from the requirement to park behind buildings: . If the proposal meets the definition of infill, the proposal would not be subject to the parking behind the building requirements. . All land within 100 feet of the University Drive Corridor; . All land within 100 feet either side ofI-35W, 1-35E, and Loop 288; . The RCR-l, RCR-2, RCC-N, and RCC-D zoned properties north and south of 1-35E in the area surrounding the Golden Triangle Mall; . All land within 100 feet of the US Highway 77 between Locust Street and 1-35 (See Attachment 1). In addition to the preceding ideas that were discussed briefly at the January 25 meeting, the staff proposes the following new language concerning parking in front of buildings: Applicability The current applicability of the requirement for parking to be behind buildings is as follows for all non-residential and mixed, use buildings: All districts except RD-5, NR-l through NR-6. street Parking behind the building Two Rows of Parkin2 in Front of Buildin2s Parcels in the NRMU-12, NRMU, Downtown University Core districts, Community Mixed Use Center districts and Regional Mixed Use Center districts shall be subject to the requirement for parking behind the building except if they are adjacent to a Primary Major Arterial roadway classification. Parcels adjacent to Primary Major Arterial roadway classification as defined in the Mobility Plan shall have the option to have two rows of parking in front of a building subject to regulations outlined in this subchapter. .............................................~,:. ........................................... <. ............................................................ ......................................................... ..................................................... .................................................. Of;: '~' ~ ~;. :::.::::::~:;~.. :.::..~. .::\::::... .":yy' A::::.. .~..:..~. :... ~~....~:~, ...~:.,.'-.L...:.... .:.. y~.::...::....::::. .....~. :::~;. ::..:.; ~:..,~.,:; : J .. ."..,~........:;~...:..... '.~1:': ........'!4~~*t:~ Two Rows of Parking in Front of Building Allowed Parkin2 in Front of Buildin2s Parcels in the NRMU-12, NRMU, Downtown University Core districts, Community Mixed Use Center districts and Regional Mixed Use Center districts and meet the following requirements below are allowed parking in front of buildings. The following parcels are allowed parking in front of buildings if: a. the parcel is adjacent to either side ofI-35W, 1-35E, and Loop 288. b. the parcels is zoned RCR-l, RCR-2, RCC-N, and RCC-D c. the parcel is adjacent to either side of US Highway 77 between Locust Street and 1- 35. 1-:11-: .:. .,"-:. ]I I. · ,.. ~ I.'..... . r.........,. . . . ' , : , ' ':.. ~-: i' . ,. . ..... :... '... .. .. .... .. '.. ...'. ".0-. ..... ,.... : ..' '.' .,. · ... .., .. . . .. .. . .".. , ". ,.". . . .n_ : I., Allowed Parking in Front of Building General Regulations The provisions of Subchapter 13 - Site Design Standards and 14 - Parking Standards shall apply to parcels described in this code amendment, except as follows: Parcels that apply for two rows of parking shall have a minimum front yard setback of 95 feet and a maximum setback of 100 feet from the property line. Setback from back of curb shall be provided as follows: · 5 feet parkway · 5 feet sidewalk · 15 feet landscape setback area · 18 feet first row of parking · 24 feet driveway · 18 feet second row of parking · 5 feet walkway · 5 feet landscape in front of building street parking Direct pedestrian access from the right-of-way to the entrance of the primary structure(s)in the form of a defined wide walkway and specially delineated (e.g., by brick pavers and/or similar materials) in order to create a pedestrian setting and add to the streetscape is required. The provision of landscaping above the required landscaping for the underlying zone district is strongly encouraged to help screen the parking lot. The additional landscaping may include trees, shrubs, and additional ground cover. A berm and/or low-lying wall along the entire front of the parking lot is strongly encouraged to assist in screening the parking lot and enhancing the pedestrian setting. Buildings located at intersections (frontage and side street) shall not be allowed to have parking in front. Parking shall occur 100 feet from the intersection. Enhanced project entry is required. The use of special treatment (e.g., by brick pavers, ornamental landscaping, architectural elements, etc.) is strongly encouraged. Alternative Development Plans Subchapter 13 - Site Design Standards of the Development Code - sets forth design criteria for development of both residential and nonresidential structures. In order to allow flexibility in design, an applicant may propose an ADP, which meets or exceeds the design objectives of this subchapter but meets them in an alternative way. Attachment 2 is a table that identifies the 26 ADP's that have been approved since the Development Code was adopted. It also identifies the reason for the ADP. Several ADP's addressed more that one standard (e.g., permeable paving and parking in front of a building). Only one was for an environmentally sensitive area. Of the 26 ADP's, 11 were for parking in front of a building (or between the building and the street). Two of those 11 were for public school facilities (Guyer High School and C.H. Collins Stadium) and should not considered in this discussion. Of the remaining 15 ADP's, 9 were for pervious paving and 6 are divided into parking lots, street trees, and tree canopy coverage. Attachment 2 also illustrates the mitigation for each ADP that has been approved. As an example, mitigation for parking in front of buildings the has included the following: . Landscape above the minimum required (from 0 to a high of 4.5% above the minimum required). . Berms, rock features and decorative walls, monuments, trellises. . Additional trees: ranging from 0 to 11 to 5 to 40 up to 45 additional trees. . Canopy above the minimum parking tree canopy: 0 to 1.5% to 7% to 9.2% to 15.2 to 29% to 35% above the minimum. . Pedestrian connectivity provided to the Rails to Trails. To address the tree canopy coverage issue, the Development Code was amended to change tree canopy requirements in certain industrial zones. This remainder of this report examines other changes that may need to be made to the Development Code standards as a result of ADP' sand what changes may need to be made to the ADP criteria. Attachment 3 is a map identifying the 11 requested ADP's for parking in front of buildings and its zoning category. Attachment 4 is a listing of the zoning categories and ADP's shown on Table 2. Summary Of Possible Changes To Parking In Front Of Building Requirements And To ADP's: Attachment 5 is the proposed amendment, which includes identification of areas in which the requirements should be continued and changes proposed for parking between the building and the street include the following: identification of locations to be exempt from this requirement, proposals for transportation corridors to be exempt from these requirements and design standards addressing the principal structure of property. Changes that could be made to the existing ADP criteria include identifying specific creation of measures for each type of ADP. Applicants approach the city regularly wanting to know what guidelines, measures or alternative standards are acceptable to the city. Developers seek guidance concerning what to propose in their alternative plans. The identified changes seek to respond the that request for guidance as well as to attempt to ensure that the alternatives that are approved in fact further the goals and objectives of the Denton Plan. A definition for ADP and site plan are included. OPTIONS: 1. Direct staff to proceed with the amendments 2. Direct staff to proceed with the amendments with changes 3. Direct staff to take another direction ATTACHMENTS: 1. Map 1 ADP Exempted Land Use Locations and Transportation Corridors 2. Table 1 ADP Analysis of 2002-2005 Cases 3. Map 2 2002-2005 Approved ADP Parking Locations 4. Table 2 2002-2005 Approved ADP Zoning Designations 5. Draft amendment Proposed Development Code Amendment Respectfully submitted: Kelly Carpenter, AICP Planning and Development Director 0J +- C (J) E ..c u o +- +- <( ~ ~ ~ ~ 1 a ~ ~ -' C C ~ ~ m ~ C ~~-g ~~~ as-m L >--g ~c~~3 '"": 0 C .~ ~ -m e 82 ~ C'! c;<:= C .~. 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U c.O) i2 a:l .- "'it -D C'I o....>r-; .0) ....o:io....O)>~82 ..0- .c>......~ ('I)"'it .('1):=20 .~ '"":'"":E'"":~Cl:('I)O) ~~CD~ci:oO~~ 0- ('I) V) "C r:: c "C '"": o U U Cl: f'.- C G 0 GO! geV)' Lf) :.c 0) G V) C 0- 0'- 0$:6 <C-V) er- a er- 0) 0) o 0- o CD u 0) LL Attachment 3 MAP 2. 2002 - 2005 APPROVED ADP PARKING LOCATIONS Legend - City Limits Parcels RD-5 RC NR-1 NR-2 NR-3 NR-4 NR-6 NRMU-12 NRMU DR-1 DR-2 DC-N DC-G CM-G CM-E RCR-1 RCR-2 RCC-N RCC-D EC-C EC-I IC-E IC-G PD MF-1 A ETJ Attachment 4 S P02-000l RCC-D (Denton Crossing) 2 S P02-0003 DC-G (Chuck E. Cheese) 3 SP02-OD08 DC-G (151 state Bonk) 4 S P02-0009 NRMU-12 (The Timbers of Denton) 5 AD P03-0OD 1 NR-2 (Teasley Lone High School) 6 AD P03-0002 NR-4 (C.H. Collins Athletic Complex) 7 AD P03-0004 DR-2 (Ave A & Fanning st) 8 AD P03-OD05 RCC-D (Brinker Crossing) 9 AD P03-0006 RCC-N (Solly Beauty Service Center) 10 A DP03-0007 RCC-N (Quantum family Medical) 11 AD P03-OD08 CM-G (Buchanon Addition) 12 AD P03-0009 NRMU (Denton Bible Church) 13 A D P03-00l 0 DC-G (Denton Station Theater Center) 14 AD P04-000 1 DR-2 (Prairie Oaks II) 15 AD P04-0002 EC-I (Russell Newman) 16 AD P04-0004 RCC-N (Sonic Drive-in) 17 AD P04-0005 CM-G (William Mitchell Office Bldg) 18 AD P04-0006 NRMU-12 (Renaissance Court) 19 AD P04-0008 RCC-D (Denton Towne Crossing) 20 AD P04-0009 RCC-D (Shady Oak BBQ & Mexican Inn) 21 A DP05-0001 IC-E (Anderson Merchandisers) 22 AD P05-0002 IC-E (Granite Point) 23 AD P05-0003 NRMU (Denton Bible Church) 24 AD P05-0004 NR-6 (Glenwood Meadows ESA) 24 AD P05-0005 NRMU (Lillian Miller Office) 26 AD P05-0006 NR-2 (Taylor Park Church of the Nazarene) 27 A DP05-0007 RCC-D (Washin ton Federal Savin s) Attachment 5. Proposed Development Code Amendments 35.13._ Requirements for Parking to be Behind Buildings The current applicability of the requirement for parking to be behind buildings is as follows for multi-family: RC, NRMU-12, NRMU, DR-2, DC-N, DC-G, CM-G, CM-E, RCR-l, RCR-2, RCC-N, RCC-D. The current applicability of the requirement for parking to be behind buildings is as follows for all non-residential and mixed use buildings: All districts except RD-5, NR-l through NR-6. Lands in the NRMU-12, NRMU, Downtown University Core districts, Community Mixed Use Center districts and Regional Mixed Use Center districts should be subject to the requirement for parking behind the building and may not utilize the ADP to avoid parking behind the buildings (e.g., not between the building and the street) except as noted. The following properties should be exempt from the requirement: a. If the proposal meets the definition of infill, the proposal would not be subj ect to the parking behind the building requirements. b. All land within 100 feet of the University Drive Corridor. c. All land within 100 feet either side ofI-35W, 1-35E, and Loop 288 d. The RCR-l, RCR-2, RCC-N, and RCC-D zoned properties north and south of 1-35E in the area surrounding the Golden Triangle Mall. e. All land within 100 feet of the US Highway 77 between Locust Street and 1- 35 (See Attachment 1). f. Staff will need to identify landscape and hardscape standards for parking areas in front of buildings since no such standards are currently in the code. The following corridors may not utilize the ADP to avoid the requirement for parking behind buildings: a. The entrances to Downtown: Fort Worth Drive to Carroll up to Congress. b. Dallas Drive from Teasley to the train bridge c. Elm Street (between University Drive and Eagle Street) d. Locust Street (between University Drive and Eagle Street) e. Corridors in greenfields that are adjacent to any collector or arterial street on the Mobility Plan or proposed new collector or arterial streets. f. Other special corridors as defined by City Council Applicability The current applicability of the requirement for parking to be behind buildings is as follows for all non-residential and mixed use buildings: All districts except RD-5, NR-l through NR-6. street Parking behind the building Two Rows of Parkin2 in Front of Buildin2s Parcels in the NRMU-12, NRMU, Downtown University Core districts, Community Mixed Use Center districts and Regional Mixed Use Center districts shall be subject to the requirement for parking behind the building except if they are adjacent to a Primary Major Arterial roadway classification. Parcels adjacent to Primary Major Arterial roadway classification as defined in the Mobility Plan shall have the option to have two rows of parking in front of a building subject to regulations in this subchapter. .:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.'.r~ ...................... . ........................................................................ ..................................................................... ................................................................. .....................................................}~..:... ...., ,: d..~.. , -... .,., .<::, ..:.:. -... .. . .- . ,. . ::., ::.._..:. . . . ., ~ ....::::...:... h......h...:.......yy .. .. .~~_.. :~..,.'.,:"':.^............~....h~:: .::..... .......... ... ,~.,,~ ... :. . . . : . , "., ,. .. . ..... - .... ......~n. ."..... '_"'.m,.,_ .., 70'''-' ,_.,..... ".,' .....,..... ,'. ........ '.',' -...e.b. m.. ........ . ~:. >, '~ ' .' '- C- >.. ..~:.~~:... :...:.,-,....::h. ~y.:....~: ..~,...... :.: :.:... . ..:....:... -. :... ~:.,~~ ~..;.....::.~:...'.. , . .. :.> .::: .:.~~~! :.~:::.::~~;. :, !:;;~;';~~~_~'1~~> :;:.:.;><<,~ ..... .. -. , .... .:-. :-:-. . . . .:.:. . :::::.:..:.:.....:.:....--::::. ,.... : ..~.::....y ;:.:.:..:. X ..~. ..; ... ::..~..:":":... ..... .,.:.~.:::<<:..::.,... ....:::-., ..... Two Rows of Parking in Front of Building Allowed Parking in Front of Buildings Parcels in the NRMU-12, NRMU, Downtown University Core districts, Community Mixed Use Center districts and Regional Mixed Use Center districts and meet the following requirements below are allowed parking in front of buildings. The following parcels are allowed parking in front of buildings if: g. the parcel is adjacent to either side ofI-35W, 1-35E, and Loop 288. h. the parcels is zoned RCR-l, RCR-2, RCC-N, and RCC-D 1. the parcel is adjacent to either side of US Highway 77 between Locust Street and 1-35. ..~. . h ... JI. . I...... . ~ I I . .. .. . .. ......... .. .... ... ....... ... ..... ...~.... :i~ .'. '" .... .... ...... .........1) '. r Allowed Parking in Front of Building General Regulations The provisions of Subchapter 13 - Site Design Standards and 14 - Parking Standards shall apply to parcels described in this code amendment, except as follows: Parcels that apply for two rows of parking shall have a minimum front yard setback of 95 feet and a maximum setback of 100 feet from the property line. Setback from back of curb shall be provided as follows: · 5 feet parkway · 5 feet sidewalk · 15 feet landscape setback area · 18 feet first row of parking · 24 feet driveway · 18 feet second row of parking · 5 feet walkway · 5 feet landscape in front of building .street parking Direct pedestrian access from the right-of-way to the entrance of the primary structure(s)in the form of a defined wide walkway and specially delineated (e.g., by brick pavers and/or similar materials) in order to create a pedestrian setting and add to the streetscape is required. The provision of landscaping above the required landscaping for the underlying zone district is strongly encouraged to help screen the parking lot. The additional landscaping may include trees, shrubs, and additional ground cover. A berm and/or low-lying wall along the entire front of the parking lot is strongly encouraged to assist in screening the parking lot and enhancing the pedestrian setting. Buildings located at intersections (frontage and side street) shall not be allowed to have parking in front. Parking shall occur 100 feet from the intersection. I ,I Enhanced project entry is required. The use of special treatment (e.g., by brick pavers, ornamental landscaping, architectural elements, etc.) is strongly encouraged. 35.13.5 Alternative Development Plan An applicant may propose an Alternative Development Plan, which meets or exceeds the design objectives of this Subchapter but does not meet the standards of this Subchapter. The Alternative Development Plan provides the option to address the design criteria through a flexible discretionary process reviewed by the Planning and Zoning Commission with an appeal to City Council utilizing the Physical Hardship Variance Procedure process outlined in Subchapter 3. A. An Alternative Development Plan (ADP) is a site plan and includes a description of site characteristics and development information. The alternative development plan also includes a written narrative that identifies the sections of this Subchapter from which deviation is proposed and identifies the mitigation measures and/or alternatives proposed for each deviation, or identifies specifically how the overall ADP meets or exceeds the design obj ectives of this Subchapter. B. This section identifies acceptable mitigation measures: 1. ADP for Parking in front of the building Applicable Mitigation Measures include the following and may be proposed in combination: . Direct pedestrian access from the right-of-way to the entrance of the principal structure(s)in the form of a defined wide walkway and specially delineated (e.g., by brick pavers and/or similar materials) in order to create a pedestrian setting and add to the streetscape. . The provision of landscaping above the required landscaping for the underlying zone district. The additional landscaping may include trees, shrubs, and additional ground cover that create a pedestrian setting and add to the streetscape. . A berm and/or low-lying wall along the entire front of the (ADP or lot) to assist in creating a pedestrian setting or to add to the streetscape. . In-lieu of not parking in front of the building, applicant enhances the primary structure and all accessory structures with added architectural features beyond those minimum features required by this Chapter. These features may include cornices cupola, eaves, sills, bay windows, and other decorative ornaments as long as the applicant demonstrates how these features enhance or create the pedestrian features and the streetscape. . Other measures which meet the intent of a pedestrian setting and/or streets cape, including but not limited to: the creation of an plaza with a focal point that may includes seating, public art, and water features such as a fountain. 2. ADP for an Environmentally Sensitive Area Applicable Mitigation Measures include the following and may be proposed in combination: . 25% percent, of all of the required landscaping or open space for the ADP abuts the ESA. . An additional 3% of the net developable area or 3% of the disturbed ESA, whichever is greater, must be preserved for (public or private) opens space. If private preservation is proposed, the preservation must be documented and may include, but not be limited to an HOA or conservation easements. . Direct trail access meeting city standards constructed through the proposed development to the ESA. . Direct payment into the city's tree trust (fund) when applicant demonstrates compliance with city's stated economic development or housing goals. 3. ADP for Tree Preservation Mitigation Measures include the following and may be proposed in combination: . Payment into the tree fund in lieu of on-site tree plantings due to site constraints. . Developer transplants healthy native trees from the site (prior to construction) to local churches or schools and receives credit for the relocated canopy on the site. . Transplanted trees or new trees purchased through tree fund may be planted in a city owned and operated tree farm. 4. ADP for Landscaping Mitigation Measures include the following and may be proposed in combination: . Arrive at a realistic formula for X amount of sq. feet of required landscape beds = X amount of caliper inches, paid into tree fund in lieu of on-site plantings. . Landscape area may be mitigated by hardscape (i.e.water features, tree grates, benches, trash enclosures, and art work). . Applicant must demonstrate by site plan or other methods the site constraints that do not allow applicant to comply with landscape standards. 5. ADP Other . Mitigation measures will be quantifiable and based on the type of requested ADP. Add to Definitions and Terms section {35.23.2} Site plan: a Plan drawn to scale showing uses and building sites proposed for a parcel of land including lot lines, streets, open space, landscape features, pedestrian features, parking, driveways, vehicular and pedestrian connectivity. AGENDA INFORMATION SHEET AGENDA DATE: March 7, 2006 CM: Transportation Operations Howard Martin, 349-8232 .. DEPARTMENT: SUBJECT Consider the adoption of an ordinance of the City of Denton authorizing the City Manager to execute on behalf of the City of Denton Amendment NO.2 to an Airport Project Participation Agreement with the Texas Department of Transportation dated January 8, 2002 relating to the construction of improvements at the Denton Municipal Airport, and declaring an effective date. The Airport Advisory Board recommends approval (5-0). BACKGROUND In January 2002 the City of Denton entered into an Airport Project Participation Agreement (APPA) with the Texas Department of Transportation, Aviation Division (TxDOT) for the Tower Terminal Project (grant). The original grant was for a total grant match of $800,000. This was a 50:50 TxDOT match of $500,000 for the Tower Project and $300,000 for the Terminal Project. Security concerns after the September 11, 2001 terrorist attacks led to the originally planned joint use Tower-Terminal Project to be separated to achieve increased safety and security of the air traffic control operation. In September 2004, an additional 50:50 TxDOT grant of $100,000 was offered to provide for the construction of an auto parking lot for the proposed Terminal Building. With this amendment, Amendment No.1, the Terminal Project realized a total TxDOT match of $400,000. TxDOT traditionally serves as the City's agent for the administration of 90: 10 federal grants. Simply stated TxDOT will invoice the City for the sponsor's share (local match) and TxDOT officials then assume responsibility to assure that all aspects of the grant are done in compliance with applicable state and federal requirements. In the past, TxDOT required local sponsor's to serve as the grant administrator on all 50:50 grant projects. TxDOT recently amended this policy requiring that the State serve as the agent on 50:50 capital projects. This was done to reduce financial liability, enhance compliance with regulations and improve efficiencies in grant administration within TxDOT. A 90:10 Federal Non-Primary Entitlement Grant (NPE) totaling $166,667, $150,000 federal and $16,667 local, will also be applied to the project. This grant agreement was entered into in May 2005 to further enhance leverage opportunities for the proposed Terminal Building. As referenced above, TxDOT has been nominated as the City's agent in the administration of this 90:10 NPE grant. TxDOT officials have requested that the City of Denton amend the Terminal and Parking Lot Airport Project Participation Agreement to nominate TxDOT as the full agent for the construction phase of the Terminal Building and Parking Lot Project. City of Denton Facilities Management Department will continue to provide construction and project management services to ensure that the new facility fulfills program needs and meets requisite citywide standards. A detail of construction costs has been attached as Exhibit 3 for your reference. This spreadsheet demonstrates the total estimated construction cost of the project at $803,238 with an additional $74,612 identified for Design and Engineering services for a total of $877,850. The spreadsheet also outlines the local, state and federal shares of the estimated construction costs, demonstrating that the local share of the grant is $372,258 and total city participation in the estimated $1.027 million dollar project is $522,259. It is important to note that certain construction services and related items are not eligible under the 50:50 TxDOT Grants or the 90:10 NPE grant. These items include demolition of the current terminal building, asbestos and mold testing/removal, furniture and fixtures, landscaping, computers, phones and data/fiber expenses totaling approximately $150,000. The City will be required to fund these items at 100 percent. As proposed in the FY 2005-2006 Budget, the Denton Airport Seven Year Plan included the use of gas well revenues to cover these expenses (Exhibit 4). However, in light of recent discussions on the application of airport gas well revenues, staff is proposing that we address these expenses at a later date once a final decision has been made pursuant to the application of gas well revenues. Most of these expenses should not impact the initial construction phase of the Terminal Building. PRIOR ACTIONIREVIEW The City Attorney's Office and Airport staff has reviewed the agreement and recommends approval of the proposed grant amendment. The Airport Advisory Board recommends approval 5-0. ESTIMA TED SCHEDULE OF PROJECT Upon receipt of the proposed amendment, the TxDOT, Aviation Division Director will execute the amendment and TxDOT will invoice the City for the sponsor's share of the project. May 2006 is the estimated target to initiate construction of the project and completion is currently estimated for late calendar year 2006. FISCAL INFORMATION This is a 50:50 match grant for construction services related to the proposed airport terminal building and related parking lot. Terminal Project participation by TxDOT is estimated at $355,592. Total project participation by TxDOT is capped at $400,000. Local funds are available through CIP bonds. EXHIBITS 1. Ordinance 2. TxDOT Grant Amendment 3. Airport Terminal Construction Costs 4. Denton Airport Seven-Year Gas Well CIP 5. Airport Advisory Board Draft Minutes Respectfully submitted: o/d~ Mark Nelson, Director S:\OUT Documents\Ordinances\06\TxDOT Grant Agreement Amendment 2.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AMENDMENT NO. 2 TO AN AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION DATED JANUARY 8, 2002 RELATING TO THE CONSTRUCTION OF IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT; AND DECLARING AN EFFECTNE DATE. WHEREAS, pursuant to Ordinance No. 2002-005 the City of Denton ("City") entered into an Airport Project Participation Agreement, dated January 8, 2002 with the Texas Department of Transportation. ("TxDOT") related to the construction of improvements consisting of the air traffic control tower, airport terminal building, and auto parking lot at the Denton Municipal Airport, referenced as TxDOT Contract No. 2XXA V018 (the "Existing Agreement"); and WHEREAS, pursuant to Ordinance No. 2005-286 on September 21, 2004, the City entered into Amendment No. 1 to the Existing Agreement; and WHEREAS, TxDOT and the City desire to enter into Amendment No.2 to the Existing Agreement, a copy of which is attached hereto and made a part hereof by reference ('<Amendment No.2"), calling for a different procedure for payment of financial assistance and City participation and payment of local sponsor funds and making other changes in the Existing Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAlNS: SECTION 1. The City Manager or his designee is hereby authorized to execute Amendment No.2 on behalf of the City of Denton. SECTION 2. The City Manager or his designee is the City's authorized representative who is directed to comply with any assurances, conditions, or agreements required to be executed to receive the funds provided under Amendment No.2, including payment of the City's share of the estimated construction costs. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day 2006. EULINE BROCK, MAYOR EXHIBIT 1 S:\Our Documents\Ordinances\06\TxDOT Grant Agreement Amendment 2_doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY Page 2 of2 TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT PARTICIPATION AGREEMENT (State Assisted Airport Development) Amendment No. 02 to the Agreement TxDOT CSJNo.: 0218DENTN TxDOTProject No.: AP DENTON 3 TxDOT Contract No. : 2XXA V018 Commission Approval: September 27, 2001 Part I - Identification of the Project TO: The City' ()fDenton, Texas FROM: The State of Texas, acting through the Texas Department of Transportation The City' of Denton, hereinafter referred to as the "Sponsorll, and the Texas Department of Transportation, hereinafter referred to as the "State," have entered into an Airport Project . . Participation Agreement TxDOT CSJ Number 0218DENTN, executed by the Sponsor on January 8, 2002. and by the State on January 22, 2002, for the development of the Denton Municipal Airport. The project is described as follows: design and construction an airport terminal building; air traffic control tower and auto parking lot at the Denton Municipal Airport. Part II - Offer of Financial Assistance, estimates total project costs to be $1,800,000. Financial assistance is currently limited to $900,000 state funds and $900,000 in local sponsor funds. It is in the mutual interest of the Sponsor and the State to amend the Airport Project Participation Agreement at this time to become full agent for the tenninal building and parking 10t phase of the project. In. consideration of the parties' mutual promises, the following amendment to the Airport Project Participation Agreement shall become effective upon execution of this Amendment by the Sponsor and the State. The Airport Project Participation Agreement is amended to following: Page 1 of7 EXHIBIT 2 1. Part II, delete 4, 5 and 6. Replace with 4. Sponsor's share of the terminal building and parking lot project costs $400,000 shall be paid initially in cash when requested by the State. At project closeout, Sponsor will be reimbursed for any amounts that exceed Sponsor's share. 5. The Sponsor specifically agrees that it shall pay any project costs, which exceed the amount of financial participation agreed to by the State. It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State which are in excess of the percentage of financial assistance (Amount B) as stated in Paragraph II-2. 6. Sponsor, by executing this Agreement certifies and, upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs. The Sponsor grants to the State the right, upon advance written request during reasonable and regular business hours, to audit any books and records of the Sponsor to verify the funds. In addition, the Sponsor shall disclose the source of all funds for the project and its ability to finance and operate the project. Following the execution of this Agreement and upon written demand by the State, the Sponsor's financial obligation (Amount C) shall be due and payable to the State. Should the Sponsor fail to pay the obligation, either in whole or in part, within 30 days of written demand., the State may exercise its rights under Paragraph V~5 and/or V-6. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be a breach and the Sponsor may exercise any rights and remedies it has at law or equity. The State. shall reimburse the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor which exceed Sponsor's share (Amount C). 2. On page 7 add: PART IV - Nomination of the Agent 1. The Sponsor designates the State as the party to receive and disburse all funds used, or to be used, in payment of the costs of the project, or in reimbursement to either of the parties for costs incurred. 2. The State agrees to assume the responsibility to assure that all aspects of the grant are done in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives, except as otherwise specifically provided. Page 2 of7 3. The State shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent to perform. the following services: ReceivingIDisbursing Agent: a. accept, receive, and deposit with the State Treasury any and all project funds granted, allowed, and paid or made available by the Sponsor, the State of Texas, or any other entity; b. pay to the Sponsor, from granted funds, the portion of any approved reasonable and eligible project costs incurred by the. Sponsor that are in excess of the Sponsor's share. Paying Agent: c. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with State approved contracts; d. receive, review and approve reimbursement requests for reasonable and eligible property acquisition costs incurred by the Sponsor, provided the required documentation is supplied. Contracting Agent: e. advertise for professional engineering andlor planning services for, but not limited to, the preparation of planning studies, applications, plans' and specifications for the above project and for the management ofthe construction of the above project; certify consultant selection procedures; provide notification of contract award for professional services; and execute, on behalf of the Sponsor, a professional services agreement as related to this project; f. administer Disadvantage Business Enterprises (DBE) andlor Historically Underutilized Business (HUB) Programs in accordance with state regulations. Contract Management Agent: g. exercise such supervision and direction of the project work as the State reasonably finds appropriate. Where there is an irreconcilable conflict or difference of opinion, judgment, order or direction between the State and the Sponsor, any engineer, planner, contractor, or materialman, the State shall issue a written order, which shall prevail and be controlling; h. coordinate review and approval of project plans, specifications and construction; . coordinate and conduct progress and final inspections. Construction Agent: Page 3 of7 L authorize the advertisement, receipt and opening of bids for construction of the above project; award contracts for construction of the above project and acquisition of materials related to it; and execute, on behalf of the Sponsor, construction contracts as related to this project; J. participate in pre-bid and pre-construction conferences; and issue orders as it deems appropriate regarding construction progress, including but not limited to Notices to Proceed, Stop Work Orders, and Change Orders; k. review, approve and maintain record drawings, when appropriate. 3. On page 7 replace Part N Recitals with: . PART V ~ Recitals 1. The State and Sponsor shall obtain an audit as required by State regulations. 2. The Sponsor, and not the State, shall be the contractual party to all construction and professional service contracts entered into for the accomplishment of this project. The power of attorney, as granted by the Sponsor to the State in Part N - Nomination of Agent, is a limited power to perform acts in connection with airport improvements as specified in or necessitated by this Agreement. 3. The Sponsor agrees to pursue and enforce contract items, which are required by federal andlor state regulations, laws and orders to insure satisfactory performance of contract vendors. Such items include, but are not limited to, bid bonds, payment bonds, and performance bonds. Pursuit and enforcement of contract items may require litigation and other remedies oflaw. 4. This Agreement is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party. The State shall not be a party to any other contract or commitment, which the Sponsor may enter into or assume, or have entered into or have assumed, in regard to the above project. 5. If the Sponsor fails to comply with the conditions of the grant, the State may, by written notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension shall contain the following: a. The reasons for the suspension and the corrective action necessary to lift the suspension; b. A date by which the corrective action must be taken; Page 4 of7 c. Notification that consideration will be given to terminating the grant after the corrective action date. In the case of suspension or tennination, the Sponsor may request the State to reconsider the suspension or termination. Such request for reconsideration shall be made within 45 days after receipt of the notice of suspension or termination. 6. This Agreement is subject to the applicable provisions of the V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp.), and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. g~ 241.001 et seq. (Vernon and Vernon Supp.). Failure to comply with the tenns of this Agreement or with the rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below. a. Of primary importance to the State is compliance with the tenns and conditions of this Agreement. If, however, after all reasonable attempts to require compliance have failed, the State fmds that Sponsor is unwilling andlor unable to comply with any of the tenns and conditions of this Agreement, the State, may pursue any of the following remedies: (1) require a refund of any financial assistance money expended pursuant to the Agreement, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any financial assistance money expended on the project pursuant to the Agreement, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orderS as otherwise provided by law, (4) declare this Agreement null and void, or (5) any other remedy available at law or in equity. b. Venue for resolution by a court of competent jurisdiction orany dispute arising under the terms of this Agreement, or for enforcement of any of the provisions of this Agreement, is specifically set by Agreement of the parties in Travis County, Texas. 7. The State reserves the right to amend or withdraw this Agreement at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended by the State. 8. This Agreement constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing andcexecuted by both parties. 9. All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including ~9 5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. Page 5 of7 10. The state auditor may conduct an auditor investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. All other terms and conditions of the agreement are unchanged and remain in full force and effect. The above amendment to the Airport Project Participation Agreement between the City of Denton and the Texas Department of Transportation is mutually agreed to and accepted. Executed this day of ,20_. City of Denton, Texas Sponsor Witness Signature Sponsor Signature Witness Title Sponsor Title Approved As To Legal Form: Edwin M. Snyder, City Attorney By. r~ff ~ Attest: Jennifer Walters, City Secretary By: Page 6 of7 Execution by the State Executed by and approved for the Texas Transportation Commission for the pmpose and effect of activating andlor carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION Page 7 of7 ....... t) (1.) ......,. e a.. c o +=i t) ::J I- ....... en c o () 0) C "0 ::J CO co c E I- (1.) l- t: o c.. I- <( '(ii - (l) c s::: o :;:::; (,,) ::::l l:; C) I- (J) 2 (f) s::: - 0 o ~ 0 o ~ I- <(0 a....J LL o I-~ 21- Wo ~I- W a. 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BOARD MEMBERS PRESENT: Chairman Rick Woolfolk, Vice Chairman Don Smith, Larry Luce, Bob Eames and John Kristoferson. BOARD MEMBERS ABSENT: Jay Anderson and John Vann with an excused absence. STAFF MEMBERS PRESENT: Mark Nelson, Chief Transportation Officer, Julie Mullins, Aviation Assistant and Herb Prouty, Consulting Attorney. PUBLIC PRESENT: David Strother, Manager of Commercial & Agricultural Property Appraiser for Denton County Appraisal District (DCAD), Judy Frank, Commercial & Agricultural Property Appraiser for DCAD, Tony Montgomery, Herbert Yuttal, David Shulman. ITEMS FOR INDIVIDUAL CONSIDERATION V. Receive a report, hold a discussion and provide a recommendation to the City Council approving Amendment Number 2 to the Airport Terminal Grant nominating TxDOT Aviation as the City of Denton's agent for the Terminal and Parking Lot grants. Mark Nelson outlined the proposed Amendment Number 2 to the Airport Terminal Grant stating that TxDOT recently changed their grant administration policy and procedures from January 2002, when the original Grant was approved. Mr. Nelson stated that TxDOT is requesting that the City nominate the State as the City's agent for the construction phase of the project. This will shift grant compliance liability from the City to TxDOT which will require TxDOT to assume grant administration and compliance responsibility on the Terminal Project and the Parking Lot grant. Mr. Nelson also reviewed estimated project costs and indicated the 50:50 share of the TxDOT grant is at $355,591.50. Mr. Luce raised a concern that the City's oversight of the overall project would be reduced, but understood TxDOT's position as it related to grant compliance and administration. Mr. Nelson stated that Herman Lawson, Facilities Management Project Manager, has been approved to serve as the local inspector and onsite TxDOT representative for the EXHIBIT 5 AIRPORT ADVISORY BOARD DRAFT MINUTES FEBRUARY 8, 2006 PAGE 2 1 2 3 4 5 6 7 project. Mr. Nelson further stated that he was confident that Mr. Lawson will work side by side with TxDOT to ensure City of Denton and Airport concerns are meet as it relates to the terminal and parking lot project. John Kristoferson made a motion to approve the proposed amendment and have TxDOT assume responsibility on the Terminal and Parking Lot grants. Don Smith seconded the motion. Motion carried 5-0. AGENDA INFORMATION SHEET AGENDA DATE: March 7, 2006 DEPARTMENT: Fiscal Operations/Tax ACM: Jon Fortune . SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas, adopting Section 33.11 of the Texas Property Tax Code providing for imposing an early collection costs penalty for taxes imposed on personal property; and providing an effective date. BACKGROUND The 79th Legislative Session added a new statute, Section 33.11 of the Texas Property Tax Code, allowing taxing units to impose an additional attorney fee collection penalty against delinquent personal property taxes earlier than the current July 1 date. The additional penalty can be imposed on the later of the date the taxes become subject to the attorney's contract (July 1) or 60 days after (April 1) the date the taxes become delinquent (February 1). In addition, the amount of the penalty may not exceed the amount specified in the contract with the collecting attorney. To collect the early penalty for delinquent personal property taxes, a collector must send a notice of the penalty to the property owner. The notice must state the date the penalty is incurred and must be delivered at least 30, and not more than 60, days before that date. For a delinquent personal property account for which taxes, penalties and interest exceed $10,000, the notice must be delivered by certified mail, return receipt requested. This resolution will allow the City to implement the provisions of Texas Property Tax Code Section 33.11 and collect an additional early collection cost penalty for delinquent personal property taxes. RECOMMENDA TION Recommend the resolution be approved authorizing the implementation of the new property tax provision under Section 33.11 of the Texas Property Tax Code. PRIOR ACTIONIREVIEW (Council. Boards. Commissions) None FISCAL INFORMATION There is not a fiscal impact to the City for this action. The collection penalty imposed by Section 33.11 of the Texas Property Tax Code will be compensated according to the terms and conditions of the July 2005 agreement with the Delinquent Tax Attorney and will be paid by the delinquent taxpayer. Agenda Information Sheet March 7, 2006 Page 2 EXHIBITS January 2006 Letter from Sawko & Burroughs, L.L.P. Resolution Respectfully _ submitted: k-" a. . ~ "11 h .,' j' _., .. '''; , . - Jo.='"~ ~~ Diana G. Ortiz Chief Financial Officer SA WKO & BURROUGHS, L.L.P ATTORNEYS AND COUNSELORS Partners: Gregory 1. Sawko Mark A. Burroughs 1100 Dallas Drive, Suite 100 Denton, Texas 76205 Associate: Leah M. Harbour (940) 382-4357 Telephone (940) 591-0991 Telecopy www.DentonLawyers.com burroughs@dentonlawyers.com January 25, 2006 "Ms. Diana Ortiz Director of Fiscal Operations, City of Denton 215 East McKinney Denton, Texas 76201 RE: Personal Property Tax Collections Resolution Dear Diana: The Legislature last session passed a bill that enables all taxing authorities to do what we have provided for in our tax collections contracts for years: early collections procedures (between February 1 and July 1 of the year the tax went delinquent) against overdue personal property tax accounts. As you recall, property taxes are divided into two general categories: (1) real property (land and improvement to land); and (2) personal property (such as business equipment, inventory, manufactured housing, etc.). Before the recent change in statute, collections costs could not be passed on to a delinquent taxpayer without a lawsuit being filed illltil July 1 even though the accoilllt went past-due on February 1 the year following tax assessment. The new statute allows the July 1 date for passing on collections costs to be shortened to April 1 so long as the required steps are followed by the taxing unit and the authorized tax collector. What is required is a resolution authorizing implementation of this new property tax provision. I am enclosing a suggested Resolution of the governing body, which should accomplish that requirement. I am also enclosing Section 33.11, Texas Property Tax Code, the new enabling statute, for your information. Please let me know if you have any questions and/or require my presence for the City Council to consider this Resolution. There is no cost impact to the City for this action. It merely frees your tax attorneys up to fully pursue all personal property delinquencies earlier, hopefully before the property can be removed or bankruptcy filed to prevent our enforcement action. Thank you for your time and consideration hereof. Diana Ortiz Page Two January 25, 2006 Sincerely yours, MAB/acj Enclosures G/T ax/CurrentJ urisdictions/C ityOIDenton/Corres ponden ceNIPs/OrtizJOrtizO 12406 RESOLUTION Adopting Section 33.11, Texas Property Tax Code, Providing for Imposing an Early Collection Costs Penalty for Taxes Imposed on Personal Property WHEREAS, authority has been granted to taxing units of the State of Texas to seek collection of delinquent personal property taxes prior to July 1 of the year in which the tax becomes delinquent, and to defray costs of such collection by imposition of a penalty under Section 33.11, Texas Property Tax Code, effective September 1,2005; and WHEREAS, the City of Denton, Texas is a duly authorized taxing unit of the State of Texas; and WHEREAS, the City of Denton has contracted with an attorney under Section 6.30, Texas Property Tax Code, under which contract personal property taxes became subject to collections by said attorney before July 1 of the year in which the taxes become delinquent; and WHEREAS, the City of Denton seeks to implement the provisions of Section 33.11, Texas Property Tax Code, and provide for a penalty under the terms specified in said statute as an alternative to the authority given by Section 33.07 with regard to personal property taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council that the provisions of Section 33.11, Texas Property Tax Code, are hereby adopted and that the additional penalty provided therein is adopted as an alternative, with regard to personal property taxes, to the provisions of Section 33.07, Texas Property Tax Code, with direction hereby given to the tax collector for the City of Denton to undertake requisite action associated with this enactment. DUL y PASSED AND APPROVED by the Board of Trustees on the _ day of , 2006. APPROVED: name: Title: ATTEST: name: Title: Title 1 total amount of the delinquent county education district taxes held by the successor-in- interest. (c) Not later than September 15, 2003, the successor-in-interest to a county education district shall transfer to the component school districts of the county education district all uncollected delinquent county education district taxes not previously transferred to the component school districts. The uncollected delinquent taxes transferred .to each school district must be the uncollected delinquent county education district. taxes imposed on property located in the school district.' . (d) A school district to which uncollected delinquent county education district t::;tXes are transferred under this section is responsible for: (1) collecting or contracting for the collection of the taxes; and (2) preparing and submitting any report required by the commissioner of education or the comptroller of the amount of delinquent county education taxes collected. (e) This section expires February 1, 2014. Added by Acts 2001, 77th Leg., ch. 1430, 9 16, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 409, 9 1, eff. Sept. 1, 2003. EXPIRATION This section expires February 1, 201.1;. pursuant to subsection (e) Historical and Statutory Notes 2003 Legislation Acts 2003, 78th Leg., ch. 409, deleted former sllbsec. (a); redesignated former subsec. (b) as sllbsec. (a); added new subsec. (b); and rewrote subsec. (c) which prior to amendment read: "(c)The successor-in-interest to a county edu- cation district may transfer' to the component school districts of the county education district all delinquent county education district taxes. The amount transfen-ed to each school district must be in proportion to the ratio that the school district's weighted average daily attendance for the 1992- 1993 school year bears to the weighted average daily attendance of all school districts in the county education district for that year. For purposes of this section, "weighted average daily attendance" isde.termined in the manner provided by former Section 16.302, Education Code, as that section existed September 1, 1992." 9 33~10. Restricted or Conditional Payments of Delinquent Taxes, Penalties, and Interest Prohibited . Unless the restriction or condition is authorized by this title, a restriction or condition placed on a check in payment of delinquent taxes by the maker that purports to limit the amount of delinquent taxes owed to an amount less than. that stated in the applicable delinquent tax roll, or a restriction or condition placed on a check in payment of penalties and interest on delinquent taxes by the maker that purports to limit the amount of the penalties and interest to an amount less than the amount of penalties and interest accrued on the delinquent taxes, is void. Added by Acts 2003, 78th Leg., ch. 651, 9 1, eff. June 20, 2003. Research References Encyclopedias TX JUl'. 3d Taxation S 505, Generally; Delin- quent Tax Roll. TX Jur. 3d Taxation S 507, Penalties and Inter- est. 9 33.11. Early Additional Penalty for Collection Costs for Taxes Imposed on Personal Property (a) In order to defray costs of collection, the governing body of a taxing unit or appraisal district in the manner required by law for official action may provide that taxes imposed on . tangible personal property that become delinquent on or after February 1 of a year incur an . additional penalty on a date that occurs before July 1 of the year in which the taxes become delinquent if: (1) the taxing unit or appraisal district or another unit that collects taxes for the unit has contracted with an attorney under Section 6.30; and Utle 1 (2) the taxes on the personal property become subject to the attorney's contract before July 1 of the year in which the taxes become delinquent. (b) A penalty imposed under Subsection (a) is incurred by the delinquent taxes on the later of: (1) the date those taxes become subject to the attorney's contract; or (2) 60 days after the date the taxes become delinquent. (c) The amount of the penalty may not exceed the amount of the compensation specified in the contract with the attorney to be paid in connection with the collection of the delinquent taxes. (d) A tax lien attaches to the property on which the tax is imposed to secure payment of the penalty. (e) If a penalty is provided under this section, a taxing unit or appraisal district may not: (1) recover attorney's fees in a suit to collect delinquent taxes subject to the penalty; or (2) impose an additional penalty under Section 33.07 on a delinquent personal property 'tax. (f) If the governing body of a taxing unit. or appraisal district provides for a penalty under this section, the collector for the taxing unit or appraisal district shall send a notice of the penalty to the property owner. The notice shall state the date on which the penalty is incurred, and the tax collector shall deliver the notice at least 30 and not more than 60 days before that date. If the amount of personal property tax, penalty and interest owed to all taxing units for which the tax collector collects exceeds $10,000 on a single account identified by a' unique property identification . number, the notice regarding that account must be delivered by certified mail, return receipt requested. All other notices under this section may be delivered by regular fIrst-class mail. (g) The authority granted to taxing units and appraisal districts under this section is to be construed as an alternative, with regards to delinquent personal property taxes, to the authority given by Section 33.07. . Added by Acts 2005, 79th Leg., cll. 1126, S 19, eff. Sept. 1, 2005. [Sections 33.12 to 33.20 reserved for expansion] SUBCHAPTER B. SEIZURE OF PERSONAL PROPERTY 9 33.21. Property Subject to Seizure Research References Encyclopedias TX JUl'. 3d Taxation S 526, Generally. i TX Jur. 3d Taxation S 527, Property Subject to Seizure. TX Jur. 3d Taxation S 531, Notice of Tax Sale. TX Jur. 3d Taxation VI I Ref., Divisional Refer- ences. Treatises and Practice Aids Howell, 21 Tex.. Prac. Series S 823, Property Subject to Seizure. Brooks, 22 Tex. Prac. Series S 9.10, Liens. Brooks, 22 Tex. Prac. Series s9.11, Collection. Brooks, 22 Tex. Prac. Series S 9.14, Seizures. Brooks, '22 Tex. Prac. Series S 9.17, Tax Sales. Notes of Decisions Intangible personalty 7 taxpayer's accounts receivable, in order to pay for delinquent taxes, did not mean that intangible assets, like these accounts, were subject to taxing authorities' liens. In re Southwest Broadband Holdings 1, LP,Bkrtcy;N.D.Tex.2005, 326 B.R. 112. Taxation e:> 2736 7. Intangible personalty . Mere fact that the Texas Tax Code might permit taxing authorities to apply for warrant. to seize g 33.22. Institution of Seizure (a) At any time after a tax becomes delinquent, a collector may apply for a tax warrant to any court in any county in which the person liable for the tax has personal property. If more than one collector participates in the seizure, all may make a joint application. 0/7 S:\OUf Documents\Resolutions\06\Personal Property. doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ADOPTING SECTION 33.11 OF THE TEXAS PROPERTY TAX CODE PROVIDING FOR IMPOSING AN EARLY COLLECTION COSTS PENALTY FOR TAXES IMPOSED ON PERSONAL PROPERTY; AND PROVIDING AN EFFECTIVE DATE. \VHEREAS, authority has been granted to taxing units of the State of Texas to seek collection of delinquent personal property taxes prior to July 1 of the year in which the tax becomes delinquent, and to defray costs of such collection by imposition of a penalty under Section 33.11, Texas Property Tax Code, effective September 1, 2005; and WHEREAS, the City of Denton, Texas, is a duly authorized taxing unit of the State of Texas; and WHEREAS, the City of Denton has contracted with an attorney under Section 6.30, Texas Property Tax Code, under which contract personal property taxes became subject to collections by said attorney before July I ofthe year in which the taxes become delinquent; and \VHEREAS, the City of Denton seeks to implement the provisions of Section 33.11, Texas Property Tax Code, and provide for a penalty under the terms specified in said statute as an alternative to the authority given by Section 33.07 with regard to personal property taxes; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this resolution are true and correct and are incorporated into the body of this resolution by reference. SECTION 2. The City of Denton, Texas hereby implements the provisions of Section 33.11, Texas Property Tax Code, to provide for a penalty under the terms specified in said statute as an alternative to the authority given by Section 33.07 with regard to the collection of personal property taxes. Such penalty shall be in an amount of the compensation specified in the contract with the attorney to be paid in connection with the collection of the delinquent taxes. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2006. EULINE BROCK, MAYOR S:\Our Documents\Resolutions\06\Personal Property.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 of2 AGENDA INFORMATION SHEET AGENDA DATE: March 7, 2006 DEPARTMENT: Tax ACM: II Jon Fortune Tax Amount Year 2005 2005 2005 2005 2004 $ 858.55 SUBJECT Consider approval of tax refunds for the following property taxes: Name Reason 2. 4. 6. 8. First Horizon Home Loans Erroneous 10. LandAmerica/Debra Hill BACKGROUND Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $95,710.80. Respectfully submitted: '. ,_~.,iI, ~ Diana G. Ortiz Chief Financial Officer AGENDA INFORMATION SHEET AGENDA DATE: March 7, 2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Vance Kemler 349-8044 ACM: Jon Fortune II SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of HDPE Pipe and Accessories for the City of Denton Solid Waste Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 3448- Annual Contract for HDPE Pipe and Accessories awarded to the lowest responsible bidder, Forrer Supply Company, Inc. in the annual estimated amount of $30,000). The Public Utilities Board recommends approval (5-0). BID INFORMATION This bid is for materials needed to install a high-density polyethylene (HDPE) piping system at the City of Denton Landfill. During fiscal year 2005 the Public Utilities Board recommended, and the City Council approved, that the City's Solid Waste Department implement anaerobic bioreactor technology at the City's Landfill. This technology requires the application of liquid nutrients to the municipal solid waste placed within the Landfill, in order to enhance microbic activity and waste decomposition within the waste pack. Liquid nutrients are planned for introduction into the waste pack through an HDPE piping system, to be installed within the waste pack as each waste cell is filled. As a waste cell nears capacity, the HDPE piping distribution system within the cell will also be nearing completion. The piping system allows for the controlled application of liquid nutrients throughout the waste cell, which initiates the landfill bioreactor process. PRIOR ACTIONIREVIEW (COUNCIL. BOARDS. COMMISSIONS) The Public Utilities Board will consider this item at its February 27,2006 meeting. RECOMMENDA TION Award to Forrer Supply Company, Inc. in the annual estimated amount of $30,000. PRINCIPAL PLACE OF BUSINESS Forrer Supply Company, Inc. Highlands, TX Agenda Information Sheet March 7, 2006 Page 2 ESTIMA TED SCHEDULE OF PROJECT This is an annual contract with the option to renew for additional one-year periods contingent upon all prices, terms, and conditions remaining the same. FISCAL INFORMATION This item will be funded from account 660500588.1350.30100. Respectfully submitted: ~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet l-AIS- Bid 3448 >- c..i x a:: 0.. c I- "<t 0..- 0 :J >; (ff L{) I'- (J) 0 I'- t:::: C') "'": f/) -0 C') L{) (J) f/) >- c en c c "<l: ~ ci oj cO oj "<l: (J) Q) '" Z ro C') C') 0() L{) -0 W ~ 0.. .!l1 <h <h N N N <.; <h r--: >- 0 E .r:. <h <h <h C') > N 0 0 .Ql <h LL 0 I Q) 0.. a:: 0... X 0() 0 Q) l- I'- <0 0 I'- (J) 0 f/) C I'- "<t cO >- C 0... 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() :J f/) 'r N UJ (/) 0... -" ;: ~ Q) -0 () .s .s () 0.. c '" 0 c () I'- I'- UJ []J ..Q <0 'r '" '0 w --' <l: c 0:: 0:: :; :5 E E c o(l & 0 0 []J 'j: 0 .g .g 0 (J) e UJ (/) (/) ~ f/) I'- 0... UJ -0 ~ Q) ~ ~ Q) UJ ~ 0 0: 0... 0... 0:: Cl 0:: Q) Q) Q) c '0 0 0 Cl 0 '" 0 () () UJ :J :J 0... :r: :r: Cl (/) u:: (/) -0 -0 ~ 0 '" Q) Q) i:) :r: <0 <0 u; <0 <0 <0 0:: 0:: 0:: .s 0 ~ ~ <( <( <( <( <( ~ LL LL LL UJ UJ UJ UJ UJ ~ I- () c <l: Q) 0:: a. I- 0 <0 Z 0 0 ai 0 0 0 <0 <0 0 0 0 0 () C') N (J) Q 00 N L{) "<t N --' LL "<t <l: C') >- 'It UJ ::> Q; 0 I- z .<:: ai <l: z N C') "<t L{) <0 I'- Q; 0 <l: 0 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF HDPE PIPE AND ACCESSORIES FOR THE CITY OF DENTON SOLID WASTE DIVISION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3448-ANNUAL CONTRACT FOR HDPE PIPE AND ACCESSORIES AWARDED TO THE LOWEST RESPONSIBLE BIDDER, FORRER SUPPLY COMPANY, INC. IN THE ANNUAL ESTIMATED AMOUNT OF $30,000). 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 therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation offunds 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. 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 NUMBER ITEM NO VENDOR AMOUNT 3448 1-7 Forrer Supply Company, Inc. Exhibit A SECTION 2. 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 pur- chase 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. Should the City and the winning bidder(s) 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 a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY. ~ 3-0RD-BID 3448 Exhibit A BID #3448 DATE: 2/2/06 ANNUAL CONTRACT FOR HDPE PIPE & ACCESSORIES ... 1300 2 5200 3 96 4 16 5 10 6 10 7 10 DESCRIPTION DESCRIPTION Principle Place of Business: FT. 6" HDPE SDR 17 - Solid Wall Pipe FT. 6" HDPE SDR 17 - Perforated Pipe Pattern =Style F, Y:!" Holes, 6" Centers, Non- staggered EA. 6" SDR 11 Butt End Caps EA. 6" Flanges with Backup Rings and Gaskets EA. 6" SDR 1790 Elbows EA. Reducers from 6" to 4" SDR 17 EA. Reducers from 4" to 2" SDR 17 GRAND TOTAL ADDENDUM #1 Delivery F.O.B. open trailer to City of Denton Landfill - 1100 Mayhill Rd., Denton, Texas 76208 SHIPMENT VENDOR Forrer Supply Company, Inc. Highlands, TX $3.45 $3.87 $20.39 $29.10 $28.57 $19.71 $8.43 $27,599.14 Yes 30 days DRAFT MINUTES PUBLIC UTILITIES BOARD FEBRUARY 27,2006 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, February 27,2006 at 9:21 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Chair Newell, Bill Cheek, John Baines, Phil Ga11livan and Bob Bland EX OFFICIO MEMBER: Howard Martin, Interim City Manager Absent: George Hopkins and Dick Smith CONSENT AGENDA: The Public Utilities Board has received background information staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Detailed information is attached to each Consent Agenda item. Item 4 was pulled from the Consent Agenda for individual consideration. ITEMS FOR INDIVIDUAL CONSIDERATION: 4) Consider recommending approval of competitive bids and awarding an annual contract for the purchase of high-density polyethylene pipe (HDPE) and accessories, for use in the City of Denton landfill, from Forrer Supply Company, Inc., of Highlands, Texas in the amount of $30,000. Cheek had a question regarding the attached bid information. Board Member Phil Gallivan moved to approve item 4 with a second from Bland. The motion was approved by a vote of 5-0. AGENDA INFORMATION SHEET AGENDA DATE: March 7, 2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Tom Shaw 349-7133 ACM: Jon Fortune Ii SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a two year contract for the purchase of Manual PME 9,10 and 11 Padmounted Switchgear; providing for the expenditure of funds therefor; and providing an effective date (Bid 3457- Two Year Contract for Manual PME 9,10 and 11 Padmounted Switchgear awarded to the lowest responsible bidder, Priester Supply, in the annual estimated amount of $255,119). The Public Utilities Board recommends approval (5-0). BID INFORMATION This bid is for a two-year price agreement to supply padmounted switchgear for Denton Municipal Electric. The PME three-phase, padmounted switchgear consists of a padmounted enclosure, containing switches and power fuses, factory-assembled and operationally checked. These units will be utilized in the maintenance and new construction of the electric distribution system. PRIOR ACTIONIREVIEW (COUNCIL. BOARDS. COMMISSIONS) The Public Utilities Board approved this item at its February 27,2006 meeting. RECOMMENDA TION Award to Priester Supply in the annual estimated amount of $255,119. PRINCIPAL PLACE OF BUSINESS Priester Supply Arlington, TX ESTIMA TED SCHEDULE OF PROJECT Delivery can be made within 25 weeks of receipt of order. This price agreement will be in effect for a period of two years from the date of award and may be extended for additional one-year periods if agreed to by both parties with all terms and conditions remaining the same. Agenda Information Sheet March 7, 2006 Page 2 FISCAL INFORMATION Funding for the purchase of these units will come from Warehouse Working Capital account (800001.1392) and charged to the appropriate job work order when placed in service. 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UenVl t C .!!! CIl VI U Cl.. CIl C ..e Q) o U en ......~<( ~ c.. CIl ..eQ)e VI .::: Q) ~ -;u E '-- '-- C o Q) '-- -0 Cl.. Q) co> Q) 0 0 >u~ o Z o Z o Z e o ....., e Q) o CO o u.: -0 ..0 Q) ..0 ru ..c VI VI Q) U .;: CL * ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A TWO YEAR CONTRACT FOR THE PURCHASE OF MANUAL PME 9,10 AND 11 PADMOUNTED SWITCHGEAR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3457- TWO YEAR CONTRACT FOR MANUAL PME 9,10 AND 11 PADMOUNTED SWITCHGEAR AWARDED TO THE LOWEST RESPONSIBLE BIDDER, PRIESTER SUPPL Y, IN THE ANNUAL ESTIMATED AMOUNT OF $255,119). 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 therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation offunds 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. 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 NUMBER ITEM NO VENDOR AMOUNT 3457 1-3 Priester Supply Exhibit A SECTION 2. 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 pur- chase 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. Should the City and the winning bidder(s) 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 a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY. ~ 3-0RD-BID 3457 Exhibit A BID # 3457 DATE: FEBRUARY 7, 2006 Principle Place of Business: 1 28579309 16 Manual PME-9 configuration, Padmounted Switchgear, 14.4 kV nominal, 3-Phase unit Manufacturer ------------- Catalog # __________ 2 28579310 1 Manual PME-10 configuration, Padmounted Switchgear, 14.4 kV nominal, 3-Phase unit Manufacturer ------------- Catalog # __________ 3 28579311 4 Manual PME-11 configuration, Padmounted Switchgear, 14.4 kV nominal, 3-Phase unit Manufacturer ------------- Catalog # __________ Delivery can be made within ___ weeks from receipt of order. Bidder is an authorized distributor, by the manufacturer, and is authorized to sell to the City of Denton? YES or NO Vendor wishes to participate in the Cooperative Purchasing Program with other Governmental Agencies? YES or NO *Prices shall be bid F.O.B. Denton Priester Supply Arlington, TX $11,974.00 S&C 65152R1-E1F2K $12,959.00 S&C 65242R1-F2K $12,644.00 S&C 65162R1-E1F2K 25 Weeks Yes No DRAFT MINUTES PUBLIC UTILITIES BOARD FEBRUARY 27,2006 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, February 27,2006 at 9:21 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Chair Newell, Bill Cheek, John Baines, Phil Ga11livan and Bob Bland EX OFFICIO MEMBER: Howard Martin, Interim City Manager Absent: George Hopkins and Dick Smith CONSENT AGENDA: The Public Utilities Board has received background information staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Detailed information is attached to each Consent Agenda item. Item 4 was pulled from the Consent Agenda for individual consideration. 1) Consider recommending approval of Bid #3449 to Sensus Metering Systems, Inc., and Badger Meter, Inc., for purchase of a Radio Frequency (RF) electric and water meters compatible with the DME Automatic Meter Reading (AMR) system in the amount of $106,840. 2) Consider recommending approval of the unit prices in Bid #3460 and awarding a three-year agreement for the purchase of decorative concrete electric streetlight poles to Lonestar Prestress Manufacturing, Inc., Houston, Texas, in the annual estimated expenditure amount of $69,000. 3) Consider recommending approval of the unit prices in Bid #3457 and awarding a two-year agreement for the purchase of distribution pad-mounted switchgear from Priester Supply, Arlington, Texas, in the annual estimated expenditure amount of $255, 119. 5) Consider recommending approval of an Interlocal agreement to provide gas well inspection services to the City of Corinth. Board Member Bob Bland moved to approve Items 1,2,3 and 5 with a second from Board Member Bill Cheek. The motion was approved by a 5-0 vote. AGENDA INFORMATION SHEET AGENDA DATE: March 7, 2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Sharon Mays 349-8487 ACM: Jon Fortune II. SUBJECT Consider adoption of an Ordinance accepting competItIve bids and awarding a three year contract for the purchase of Waterford Series Decorative Streetlight Poles; providing for the expenditure of funds therefor; and providing an effective date (Bid 3460- Three Year Contract for Waterford Series Decorative Concrete Streetlight Poles awarded to Lonestar Prestress Manufacturing, Inc. in the annual estimated amount of $69,000). The Public Utilities Board recommends approval (5-0). BID INFORMATION Bid #3460 is for a three-year agreement to supply decorative concrete electric streetlight poles to Denton Municipal Electric (DME). The decorative concrete electric streetlight poles that DME utilizes are a San Jacinto Brown color and constructed from exposed aggregate concrete. Victorian style post-top streetlight fixtures are set on top of the decorative concrete electric streetlight poles. Decorative concrete electric streetlight poles are utilized by DME in new residential subdivisions and in non-thoroughfare areas. Concrete streetlight poles do not require painting, will not rust, are impervious to sunlight, chemicals, insects and animals and they do not require ground-line treatments. The concrete streetlight poles are designed to set directly in the ground the same as wood poles. PRIOR ACTIONIREVIEW (COUNCIL. BOARDS. COMMISSIONS) The Public Utilities Board approved this item at its February 27,2006 meeting. RECOMMENDA TION Award to Lonestar Prestress Manufacturing, Inc. in the annual estimated amount of $69,000. PRINCIPAL PLACE OF BUSINESS Lonestar Prestress Manufacturing, Inc. Houston, TX Agenda Information Sheet March 7, 2006 Page 2 ESTIMA TED SCHEDULE OF PROJECT This price agreement will be in effect for a period of three years from the date of award and may be extended for additional one-year periods if agreed to by both parties with all terms and conditions remaining the same. FISCAL INFORMATION Funding for the purchase of these units will come from Warehouse Working Capital account (800001.1392) and charged to the appropriate job work order when placed in service. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet l-AIS-Bid 3460 ... Ul U >< III Ul I- q'-o .... Q) C C~ (/) Ul ...... 0-0"'" >- Q).... 0 . CU ..c CU C Ul . .... ~ l.... .Ql -0 O~.... Ul 0 Q} 0 :l 0 ...Io.::E: 0 I..QOJ:: CO I: "<tLf) ..0 -lfl- Lf) U ~ C ..."C J::.~ q'-o (/) Q) ~ iii .... 0-0"'" >- C . ... . CU ..c CU =.... 0 ~ l.... CJl -0 'fj<C ~ 0 0 'w 0 (V')oJ:: M Q) .... COLf) 0 I- u.. -lfl- N U ~ C a ... 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Q) :J ..c~ - III Iii U ..c:..... 1Il 0 ",Q) " 1Il ._ III U U "i: s:::: "- ~ * * ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A THREE YEAR CONTRACT FOR THE PURCHASE OF WATERFORD SERIES DECORATIVE STREETUGHT POLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3460- THREE YEAR CONTRACT FOR W ATERFORD SERIES DECORATIVE CONCRETE STREETUGHT POLES AWARDED TO LONES TAR PRESTRESS MANUFACTURING, INC. IN THE ANNUAL ESTIMATED AMOUNT OF $69,000). 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 therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation offunds 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. 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 NUMBER ITEM NO VENDOR AMOUNT 3460 1 Lonestar Prestress Manufacturing, Inc. Exhibit A SECTION 2. 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 pur- chase 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. Should the City and the winning bidder(s) 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 a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-BID 3460 '--1C~ Exhibit A Principle Place of Business: Houston, TX 1 21016100 150 EA 20Ft, TYPE I, Waterford Series, Pre-stressed Concrete Light Pole with 3" 0.0. Hot Dipped Galvanized Tenon. Pole to have four inserts to mount two street signs and two through holes to mount a stop sign. Exposed aggregate, San Jacinto Brown finish. $460 M.O.Q. 50 or add freight SHIPMENT 56-80 days *Pricing shall be bid delivered FOB Denton. *In case of calculation error, unit pricing shall prevail. DRAFT MINUTES PUBLIC UTILITIES BOARD FEBRUARY 27,2006 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, February 27,2006 at 9:21 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Chair Newell, Bill Cheek, John Baines, Phil Ga11livan and Bob Bland EX OFFICIO MEMBER: Howard Martin, Interim City Manager Absent: George Hopkins and Dick Smith CONSENT AGENDA: The Public Utilities Board has received background information staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Detailed information is attached to each Consent Agenda item. Item 4 was pulled from the Consent Agenda for individual consideration. 1) Consider recommending approval of Bid #3449 to Sensus Metering Systems, Inc., and Badger Meter, Inc., for purchase of a Radio Frequency (RF) electric and water meters compatible with the DME Automatic Meter Reading (AMR) system in the amount of $106,840. 2) Consider recommending approval of the unit prices in Bid #3460 and awarding a three-year agreement for the purchase of decorative concrete electric streetlight poles to Lonestar Prestress Manufacturing, Inc., Houston, Texas, in the annual estimated expenditure amount of $69,000. 3) Consider recommending approval of the unit prices in Bid #3457 and awarding a two-year agreement for the purchase of distribution pad-mounted switchgear from Priester Supply, Arlington, Texas, in the annual estimated expenditure amount of $255, 119. 5) Consider recommending approval of an Interlocal agreement to provide gas well inspection services to the City of Corinth. Board Member Bob Bland moved to approve Items 1,2,3 and 5 with a second from Board Member Bill Cheek. The motion was approved by a 5-0 vote. AGENDA INFORMATION SHEET AGENDA DATE: March 7, 2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Sharon Mays 349-8487 ACM: Jon Fortune II. SUBJECT Consider adoption of an Ordinance accepting competItIve bids and awarding a three year contract for the purchase of Automatic Meter Reading System; providing for the expenditure of funds therefore; and providing an effective date (Bid 3449- Three Year Contract for Automatic Meter Reading System awarded to the lowest responsible bidder meeting specifications for each item in the annual estimated amount of $106,840). The Public Utilities Board recommends approval (5-0). BID INFORMATION This bid is for the purchase of an additional Automatic Meter Reading System to be used by Denton Municipal Electric (DME). The system is a radio frequency (RF) Automatic Meter Reading (AMR) System that reads both electric and water meters in an automated and cost- effective manner. In 2002 DME began installing electric and water meters that can be read from a distance through the use of radio signals (RF) as part of its AMR program. To date 5000 meters with the RF technology have been installed. These installations have been focused on either locations where the existing electric meters were difficult to read, due to their location or other problems, or in new subdivisions where the installation of both water and electric RF meters allowed more efficient "walk by" meter reads. In 2005 DME purchased a mobile collector that allows the RF meters to be read from a vehicle driving through an area. This process is being successfully used in the subdivisions equipped with both water and electric RF meters and mobile home parks where the only individual meters are electric. The water meters and a portion of the electric meters from this purchase will be used in the Wheeler Ridge development. The balance of the electric meters will be used to equip more hard to read locations. PRIOR ACTIONIREVIEW (COUNCIL. BOARDS. COMMISSIONS) The Public Utilities Board approved this item at its February 27,2006 meeting. Agenda Information Sheet March 7, 2006 Page 2 RECOMMENDA TION Award to the lowest bidder meeting specifications for each item as listed below: Item # Description Vendor Amount 1 RF AMR Module per Appendix A bid specifications Sensus Metering Systems Inc. c/o EV Smith Sales Exhibit A 2 Itron ER T 50 Wand Connector per Badger Meter, Inc. Appendix B bid specifications Exhibit A PRINCIPAL PLACE OF BUSINESS Sensus Metering Systems Inc. c/o EV Smith Sales Pittsburgh, P A Badger Meter, Inc. Milwaukee, WI ESTIMA TED SCHEDULE OF PROJECT This price agreement will be in effect for a period of three years from the date of award and may be extended for additional one-year periods if agreed to by both parties with all terms and conditions remaining the same. FISCAL INFORMATION These items will be funded from account 601033492.1350.3700. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet l-AIS-Bid 3449 c Q) E ..c () CIl ~ 2 UJ l- (/) >- (/) C) z o <l: UJ 0:: 0:: UJ I- UJ 2 t) i= <l: 2 o I- ::> <l: 0:: o LL l- t) <l: 0:: I- Z o t) (0 0:: o <l: (J) N UJ "<t N- >- "<t uJ ~ W UJ o !;;: 0:: ai 0 i= a:: o c z w > ID Q) 2 Q) Cl -0 '" []J o(l a:: o c z w > Q) - Q) Q) U 2 -:;: f/) Q) ",0 >< Q) I- a:: o c z w > .~ -g ~ ID . m Q) g (j) :2:~:B f/) E E ~ Q) (/) C(;)> ~0'UJ a:: o c z w > >- o..~ a.[]J :J (/)2 f/) '" Q) C .<::: ID Cl- i<l: z o i= a. D:: () CJ) w C s: ai Q) -" :J ! 2 -0 iii o z >< I- o U ~ (J) "<t ..r LO yt <l: CL .<::: Cl :; ..Q ,gJ ii: o o oj "<t yt >< I- >; -0 ~ iii C 0 :;z z U 2 C o cD z ~ f/) . a. N ~ '<(>"*lii .?;S ~ .~.~ -g N_ 0:: 'c Q) 0 - :J &~il2 ~~~.8 o m 0 c f/) u_ 0 t3 l:: Q)..c = ~ ~~:B rl ~ lii ;: ~ Q).~ ~ ~~~~ a. ._ ..c m ~ U) (/)_ ~ E o g'2:2:~ ~ :;:; Q) l... o...~ ~E~~ E .!,1 (;j E Q) ..9:!UU5 c.. :J ~ "'C "g -g UJ 0 2 g (/) & C:::"'O"'O 2 ~ C <l: lii ~ LL t) Q) 0:: co iri en Q) c 'w :J al o Cl ..Q -0 Q) > Q) 0 m 0.. l'ia. Q) '" E 0 '" C -U 'c 20 Q) Q) 2W o o 0_ 00 0::00 >-00 C)0<j: + 60 f/)LOUJ -oNO cOOO ","<t~ --,o~ C'l<l: C'lUJ C o ..!,1 f/) :J f/) C Q) (/) Q; -0 o 2 ::a C '" m Q) a. "<t 0 yt- + ~ o :J (0-0 . 0 ~ E yt -0 iii o z -0 iii o z o ~ (J) (0 yt IDlX! :; 1:) .~ ~'tl ~ [ E Q, Q)<:( .<::: ... - 0 E VI .g 5 -0; ~ (U o .2 a. ... cb '(j a.~ o VI 1:5 Cl Q) s::: c; C Q) 8 Q) -0 E C '" ID S Q) ~ E I- ID ffi ~ C _e ~ 'j: o o "<t N -0 Cl C C '" .- >-E :n E E ~ Q) Cl f/) 0 f/) ~ '" a. lii ii: "E Q) 8coNg Q) lo... ~ I- 0:: []J _ 0:: ID~~UJ .g'20:: ~ ~ I- Q) ",,""*:0 M:2: ~ If) >< a. U !"? -g E Q) L() Q) 8 g- Q)D:::__..c coo ~ :J ~ C ;: o..a...~ Q) 0 C Z ~ 0 Q; -0 o 2 ::a C '" m f/) >- '" -0 00 N f/) >- '" -0 o t-- f/) -" Q) ~ "<t N f/) >- '" -0 o C'l ..,r I- Z UJ 2 CL :r: (/) ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A THREE YEAR CONTRACT FOR THE PURCHASE OF AUTOMATIC METER READING SYSTEM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3449- THREE YEAR CONTRACT FOR AUTOMATIC METER READING SYSTEM AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATIONS FOR EACH ITEM IN THE ANNUAL ESTIMATED AMOUNT OF $106,840). 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 therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation offunds 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. 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 3449 1 Sensus Metering Systems, Inc. Exhibit A c/o EV Smith Sales 3449 2 BadgerMeter, Inc. Exhibit A SECTION 2. 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 pur- chase 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. Should the City and the winning bidder(s) 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 a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY. ~ 3-0RD-BID 3449 Exhibit A BID #3449 DATE: 2/2/06 THREE-YEAR CONTRACT FOR AUTOMATIC METER READING SYSTEM .. 1,000 2 400 DESCRIPTION DESCRIPTION Principle Place of Business: RF AMR Module meeting specifications of Appendix A pre- installed on Electric meter, single phase, class 200, 240V, 2s Non Demand, Solid State or Mechanical with Clock dial Register. Meter nameplate must be marked with "Denton Municipal Electric" or approved logo. Brand/Model Itron ERT 50W and connector pre-potted from the manufacturer with Water meter meeting specifications of Appendix B. Brand/Model SHIPMENT VENDOR Sensus Metering Systems Inc. c/o EV Smith Sales Pittsburgh, PA $49.00 Sensus Icon 2-4 weeks VENDOR Badger Meter Milwaukee, WI $140.60 + $4 per module for assembly and programming Badger Recordall M25 Bronze W/RTR, Itron Pit ERT 28 days DRAFT MINUTES PUBLIC UTILITIES BOARD FEBRUARY 27,2006 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, February 27,2006 at 9:21 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Chair Newell, Bill Cheek, John Baines, Phil Ga11livan and Bob Bland EX OFFICIO MEMBER: Howard Martin, Interim City Manager Absent: George Hopkins and Dick Smith CONSENT AGENDA: The Public Utilities Board has received background information staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Detailed information is attached to each Consent Agenda item. Item 4 was pulled from the Consent Agenda for individual consideration. 1) Consider recommending approval of Bid #3449 to Sensus Metering Systems, Inc., and Badger Meter, Inc., for purchase of a Radio Frequency (RF) electric and water meters compatible with the DME Automatic Meter Reading (AMR) system in the amount of $106,840. 2) Consider recommending approval of the unit prices in Bid #3460 and awarding a three-year agreement for the purchase of decorative concrete electric streetlight poles to Lonestar Prestress Manufacturing, Inc., Houston, Texas, in the annual estimated expenditure amount of $69,000. 3) Consider recommending approval of the unit prices in Bid #3457 and awarding a two-year agreement for the purchase of distribution pad-mounted switchgear from Priester Supply, Arlington, Texas, in the annual estimated expenditure amount of $255, 119. 5) Consider recommending approval of an Interlocal agreement to provide gas well inspection services to the City of Corinth. Board Member Bob Bland moved to approve Items 1,2,3 and 5 with a second from Board Member Bill Cheek. The motion was approved by a 5-0 vote. AGENDA INFORMATION SHEET AGENDA DATE: March 7, 2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Janet Fitzgerald 349-8274 ACM: Jon Fortune Ii SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of Irrigation Parts and Supplies; providing for the expenditure of funds therefore; and providing an effective date (Bid 3464-Annual Contract for Irrigation Parts and Supplies awarded to Longhorn Supply Inc. in the estimated amount of $64,000). BID INFORMATION This bid is to provide irrigation parts and supplies to the City of Denton Parks and Recreation Department. The irrigation supplies will be used to make irrigation repairs in parks, at public buildings, and on medians. The materials will also be used to install the irrigation system at the new Lake Forest Dog Park and to complete various CIP projects. RECOMMENDA TION Award to Longhorn Supply, Inc. in the estimated amount of $64,000. PRINCIPAL PLACE OF BUSINESS Longhorn Supply Inc. Denton, TX ESTIMA TED SCHEDULE OF PROJECT This is an annual contract with the option to renew for additional one-year periods contingent upon all prices, terms, and conditions remaining the same. FISCAL INFORMATION Funding for this item will come from account 402120.6514. Agenda Information Sheet March 7, 2006 Page 2 Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet l-AIS-Bid 3464 Attachment 1 BID #3464 DATE: February 16, 2006 ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES Longhorn, Inc. Metro Irrigation Supply Co. Ltd. Principle Place of Business: Denton, TX Ft. Worth, TX CLASS 20 PVC 1A 5,000 FT. 1/2" X 20' $0.120 $0.160 18 5,000 FT. 3/4" X 20 $0.150 $0.197 1C 5,000 FT. 1" X20' $0.200 $0.252 1D 5,000 FT. 11/4" X20' $0.300 $0.395 1E 5,000 FT. 11/2" X20' $0.400 $0.500 1F 5,000 FT. 2" X20' $0.590 $0.781 1G 5,000 FT. 21/2" X 20' $0.910 $1.199 1H 3,000 FT. 3" X20' $1.260 $1.678 11 2,000 FT. 4" X20' $2.080 $2.479 1J 1,000 FT. 6" X20' $4.510 $6.137 1K 1,000 FT. 8" X20' $8.59 (GE) $10.466 2 SCHEDULE 40 PVC 2A 5,000 FT. 1/2" X 20' $0.200 $0.236 28 5,000 FT. 3/4" X 20 $0.260 $0.308 2C 5,000 FT. 1" X20' $0.390 $0.466 2D 5,000 FT. 11/4" X20' $0.510 $0.644 2E 5,000 FT. 11/2" X20' $0.560 $0.705 2F 5,000 FT. 2" X20' $0.770 $0.925 2G 5,000 FT. 21/2" X 20' $1.310 $1.699 2H 3,000 FT. 3" X20' $1.580 $1.911 21 2,000 FT. 4" X20' $2.190 $2.685 2J 1,000 FT. 6" X20' $3.950 $8.767 2K 1,000 FT. 8" X20' $6.070 $11.740 Attachment 1 BID #3464 DATE: February 16, 2006 ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES Longhorn, Inc. Metro Irrigation Supply Co. Ltd. Principle Place of Business: Denton, TX Ft. Worth, TX 3 SLIP FIX 3A 200 EA. 1/2" $1.370 $1.516 3B 200 EA. 3/4" $1.540 $1.583 3C 200 EA. 1" $1.810 $1.863 3D 200 EA. 11/4" $3.340 $3.445 3E 200 EA. 1 1/2" $3.920 $3.769 3F 300 EA. 2" $5.720 $5.890 3G 100 EA. 21/2" $9.140 $9.423 3H 100 EA. 3" $11.130 $11.781 31 20 EA. 4" $19.950 $20.598 4 KBI SWING JOINTS 4A 100 EA. 1/2" X 12 Thread X Thread $5.560 $6.455 4B 750 EA. 3/4" X 12 Thread X Thread $5.990 $7.225 4C 500 EA. 1" X 12 Thread X Thread $8.170 $8.935 4D 150 EA. 1 1/2" X 12 Thread X Thread $13.600 $13.851 4E 100 EA. 3/4" X 12 Slip X Thread $5.990 $7.225 4F 100 EA. 1" X 12 Slip X Thread $8.170 $8.935 4G 100 EA. 1 1/2" X 12 Slip X Thread $13.600 $13.851 5 COBRA HOSES - ALL LENGTHS AVAILABLE 5A 50 EA. 1/2" X 12 #CC1200 $1.120 $1.074 5B 50 EA. 3/4" X 12 #CC1275-2 $1.190 $1.217 5C 50 EA. 1/2" X 18 #CC1800 $1.580 $1.519 6 POLY CUT OFF NIPPLES 6A 300 EA. 1/2" X 6 #M481-005 Attachment 1 BID #3464 DATE: February 16, 2006 ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES Longhorn, Inc. Metro Irrigation Supply Co. Ltd. Principle Place of Business: Denton, TX Ft. Worth, TX 6B 300 EA. 3/4" X 6 #M481-007 $0.330 $0.347 6C 300 EA. 3/4" X 1/2" X 6 #M481-101 $0.260 $0.267 7 SCHEDULE 80 NIPPLES 7A 100 EA. 1/2" X 6" $0.240 $0.388 7B 100 EA. 1/2" X 12" $0.530 $0.613 7C 100 EA. 1/2" X 18" $0.620 $0.837 7D 100 EA. 1/2" X 24" $0.630 $1.009 7E 100 EA. 3/4" X6" $0.300 $0.464 7F 100 EA. 3/4" X 12" $0.460 $0.740 7G 100 EA. 1" X6" $0.420 $0.672 7H 100 EA. 1" X 12" $0.530 $1.063 8 WEATHERMATIC LX POP-UP SPRINKLER HEADS 8A 100 EA. LX-3 $1.210 $1.325 8B 1,000 EA. LX-4 $0.990 $0.988 8C 500 EA. LX-6 $4.050 $4.438 8D 500 EA. LX-12 $5.500 $5.963 9 WEATHERMATIC LX POP-UP NOZZLES 9A 1,000 EA. LX Plastic $0.550 $0.538 9B 1,000 EA. LX Brass #5515H $1.780 $1.950 9C 1,000 EA. LX Brass #5515F $2.510 $2.750 WEATHERMATIC BUBBLERS -ALL MODELS $0.630 $2.125 10 1,000 EA. AVAILABLE WEATHERMATIC T-3 SPRAY HEADS- $8.260 $7.939 11 500 EA. ADJUSTABLE THROUGH 360 DEGREES WEATHERMATIC CT-70 SPRAY HEADS- $21.380 $20.646 12 500 EA. ADJUSTABLE THROUGH 360 DEGREES 13 500 EA. K-RAIN PRO PLUS $8.250 $8.746-Hunter PGP Adj. Attachment 1 BID #3464 DATE: February 16, 2006 ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES Longhorn, Inc. Metro Irrigation Supply Co. Ltd. Principle Place of Business: Denton, TX Ft. Worth, TX 14 500 EA. K-RAIN PRO SPORT 15 QUICK COUPLING VALVES AND ACCESSORIES 15A 15 EA. 3/4" QCV #V075 $22.360 $23.598 15B 15 EA. 1" QCV#V100 $31.420 $32.351 15C 15 EA. 3/4" QCK #C075 $14.230 $14.652 15D 15 EA. 1" QCK#C100 $30.490 $31.418 WEATHERMATIC 1100 SERIES REMOTE 16 CONTROL VALVES 16A 100 EA. 1" #11024FCR-10 $39.040 $40.412 16B 100 EA. 1 1/2" #11 024FCR-15 $57.380 $59.400 16C 100 EA. 2" #11 024FCR-20 $79.650 $82.459 WEATHERMATIC 2100 SERIES REMOTE 17 CONTROL VALVES 17A 100 EA. 1" #21024E-10 $29.610 $30.659 17B 100 EA. 1 1/2" #21024E-15 $41.350 $42.812 17C 100 EA. 2" #21 024E-20 $60.060 $62.176 WEATHERMATIC 8200 SERIES REMOTE 18 CONTROL VALVES 18A 100 EA. 1" #8024 BCR-10 $79.200 $85.000 18B 100 EA. 1 1/2" #8024 BCR-15 $103.960 $111.561 18C 100 EA. 2" #8024 BCR-20 $144.000 $154.537 18D 50 EA. 3" #8024 BCR-30 $307.800 $330.317 WEATHERMATIC CONTROL VALVE REPAIR 19 PARTS 19A 300 EA. Solenoid #S24BSA $16.830 $16.825 19B 300 EA. 1" Diaphragm Plastic #110-003SA $3.490 $3.325 19C 300 EA. 1 1/2" Diaphragm Plastic #49-110 MSA $4.510 $4.508 19D 300 EA. 2" Diaphragm Plastic #50-110 MSA $6.650 $6.648 Attachment 1 BID #3464 DATE: February 16, 2006 ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES Longhorn, Inc. Metro Irrigation Supply Co. Ltd. Principle Place of Business: Denton, TX Ft. Worth, TX 19E 300 EA. 1" Diaphragm Brass #30-104 MSA $5.350 $5.348 19F 300 EA. 1 1/2" Diaphragm Brass #30-203 MSA $5.460 $5.460 19G 300 EA. 2" Diaphragm Brass #30-303 MSA $8.590 $8.175 20 TORO DL2000 DRIP LINE 20A 1,500 FT. RGP-412-01 $0.400 $43 per 100' roll 20B 1,500 FT. RGP-412-03 No Bid $215 per 500' roll RGP-412-05 20C 1,500 FT. RGP-412-10 No Bid $430.125 per 1000' roll 21 DRIP LINE PRESSURE REGULATOR 21A 15 EA. 3/4" Low Flow#PMR15-LF $10.070 $8.275 21B 15 EA. 3/4" M10 Flow#PMR25-MF $12.260 $9.465 21C 15 EA. 3/4" Filter #YS75 $8.570 $17.690 21D 15 EA. 1" Filter#AP4E-100 $9.79 - YSV-100 $25.913 22 TORO DRIP LINE FITTINGS 22A 500 EA. 1/2" Tee #DL T $0.700 $0.550 22B 500 EA. 1/2" Coupling #DLC $0.350 $0.290 22C 500 EA. 1/2" Elbow #DLE $0.660 $0.540 23 TORO 252 SERIES REMOTE CONTROL VALVES 23A 30 EA. l' Plastic #252-06-04 $26.980 $27.289 23B 60 EA. 1 1/2" #252-26-06 $48.350 $48.902 23C 60 EA. 2" #252-26-08 $59.010 $59.684 24 TORO 220 SERIES REMOTE CONTROL VALVES 24A 30 EA. 1" P220-27-04 $62.170 $62.883 24B 60 EA. 1 1/2" P220-27-06 $76.440 $77.316 24C 60 EA. 2" P220-27-08 $100.390 $101.540 Attachment 1 BID #3464 DATE: February 16, 2006 ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES Longhorn, Inc. Metro Irrigation Supply Co. Ltd. Principle Place of Business: Denton, TX Ft. Worth, TX 240 40 EA. 3" P220-27-00 25 TORO CONTROL VALVE REPAIR 25A 100 EA. 1" Solenoid Plastic #89-0878 $7.940 $7.938 25B 100 EA. 1 1/2" Solenoid Plastic #35-3099 $27.130 $27.125 25C 200 EA. 1" Diaphragm Plastic #35-2824 $3.880 $3.875 250 200 EA. 1 1/2" Diaphragm Plastic #89-0815 $17.980 $17.975 25E 200 EA. 2" Diaphragm Plastic #89-0817 $15.630 $15.625 26 NELSON - PROGRAMMABLE ACTUATORS 8010, 8014,8030 26A 2 EA. 8010 $54.990 $75.480 26B 2 EA. 8014 $71.720 $77.963 26C 2 EA. 8030 $67.900 $93.200 27 NELSON - ADAPTORS 27A 10 EA. Irritrol Plastic #77422 $5.200 $5.200 27B 10 EA. Rainbird Plastic #77 424 $5.200 $5.200 27C 10 EA. Weathermatic Brass #77481 $10.970 $10.969 270 10 EA. Rainbird Plastic #77 468 $10.970 $10.969 27E 10 EA. Irritrol #77467 $10.970 $10.969 28 5 EA. NELSON PROGRAMMERS - 8070 $173.40-Model $223.125-Model 8071 8071 29 IRRITROL RAIN DIAL CONTROLLERS 29A 5 EA. R 0600 EXT $92.460 $93.695 29B 5 EA. R 0900 EXT $125.640 $122.812 29C 5 EA. RD1200 EXT $165.780 $162.047 290 5 EA. TC15EX $213.520 $208.718 29E 5 EA. TC18EX $255.940 $250.176 Attachment 1 BID #3464 DATE: February 16, 2006 ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES longhorn, Inc. Metro Irrigation Supply Co. Ltd. Principle Place of Business: Denton, TX Ft. Worth, TX 29F 5 EA. TC24EX 30 IRRITROL IBOC CONTROLLERS 30A 5 EA. IBOC 4B $486.420 $475.482 30B 5 EA. IBOC6B No Bid No Bid 30C 5 EA. IBOC8B $588.510 $575.270 IRRITROL 700 SERIES REMOTE CONTROL 31 VALVES 31A 10 EA. 1" #700-1 $37.060 $36.230 31B 10 EA. 1 1/2" #700 - 1.5 $53.250 $52.050 31C 10 EA. 2" #700-2.0 $73.320 $71 .670 32 IRRITROL CONTROL VALVE REPAIR PARTS 32A 15 EA. 1" Solenoid #R811 $6.830 $6.830 32B 20 EA. l' Diaphragm #100236 $2.630 $2.110 32C 20 EA. 1 1/2" Diaphragm #114401 $10.010 $8.000 32D 20 EA. 2" Diaphragm #114601 $11.500 $9.300 24-VOL T DC LATCHING SOLENOID-FOR USE ON $21.99-Model $17.41-Model 33 20 EA. IRRITROL VALVES #E2002 E2003 E2003 34 LEIT 4000 SERIES CONTROLLERS 34A 5 EA. leit 4000 $431.060 $484.940 34B 5 EA. leit 4006 $553.280 $622.440 34C 5 EA. leit 4008 $643.890 $724.380 34D 5 EA. MCOl 4000 Mounting Column $54.450 $61 .250 34E 5 EA. Tool 3004 leit Key $22.160 $27.140 35 LEMA 1500 SERIES ACTUATOR 35A 3 EA. lema Weathermatic #lEMA1524-4 $55.000 $67.380 35B 3 EA. lema Irritrol #lEMA 1520-4 $43.890 $67.380 Attachment 1 BID #3464 DATE: February 16, 2006 ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES Longhorn, Inc. Metro Irrigation Supply Co. Ltd. Principle Place of Business: Denton, TX Ft. Worth, TX 36 FEBCO PVB 36A 5 EA. 765 -1" $41.660 $54.190 36B 5 EA. 765 - 1 1/2" $114.190 $113.920 36C 5 EA. 765 - 2" $130.350 $143.120 37 FEBCO RPZ 37A 5 EA. 860-RP-010 - 1" $79.820 $96.660 37B 5 EA. 860-RP-015 - 1 1/2" $166.140 $198.910 37C 5 EA. 860-RP-020 - 2" $179.780 $222.320 37D 5 EA. 860-RP-030 - 3" $955.900 $899.670 38 HOT BOX 38A 2 EA. LB-1 1" Device 38B 2 EA. LB-2 2" Device 39 PLASTIC VALVE BOXES 39A 30 EA. 6" Box #P5R $1.58-Model $1.480 D109G 39B 30 EA. 10" Box #P1 OR $5.34-Model $4.350 D1100SG 39C 30 EA. 12" Rectangle Box#M12R $11.45-Model $8.790 D12000LSG 39D 30 EA. Large Rectangle Box L 18R $24.23-Model $20.500 D15000LSG 2500 FT. ROLLS OF 14-GAUGE WIRE-ALL $.61ft. @ 2500' roll $174.600 40 100 EA. COLORS AVAILABLE 41 WIRE DRY SPLICE CONNECTORS 41A 1,000 EA. King Blue Small #King-2 $0.520 $0.490 41B 1,000 EA. King Tan Large #King-6 $0.600 $0.570 TURF TIGHT BLUE GLUE - 1 GALLON $29.320 $27.050 43 500 EA. CONTAINER TURF TIGHT PURPLE PRIMER - 1 GALLON $22.500 $21.79-0atey 44 500 EA. CONTAINER #30759 Emergency Stock Delivery can be made in 1 day 1 day days from receipt of order Attachment 1 BID #3464 DATE: February 16, 2006 ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES Principle Place of Business: Normal Stock Delivery can be made in days from receipt of order Percent discount off of manufacturer list (catalog) pricing: Lasco PVC Fittings Irritrol Weathermatic Nelson Toro Spears valve KBI Texas United Christies United Elchem Bidder is an authorized distributor, by the manufacturer, and is authorized to sell to the City of Denton? Longhorn, Inc. Metro Irrigation Supply Co. Ltd. Denton, TX Ft. Worth, TX 3 days 2 days 70% 65% (Sch. 40 fittings) 49% 50% 58% 52% 52% 45% 49% 50% 40% 30% 57% 40% Bid List Price N/A 55% 45% 60% 50% Yes Yes ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF IRRIGATION PARTS AND SUPPLIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3464-ANNUAL CONTRACT FOR IRRIGATION PARTS AND SUPPLIES AWARDED TO LONGHORN SUPPLY INC. IN THE ESTIMATED AMOUNT OF $64,000). 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 therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation offunds 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. 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 NUMBER ITEM NO VENDOR AMOUNT 3464 1-44 Longhorn Supply Inc. Exhibit A SECTION 2. 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 pur- chase 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. Should the City and the winning bidder(s) 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 a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-BID 3464 '--1C~ Exhibit A BID #3464 DATE: February 16, 2006 ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES Longhorn, Inc. Principle Place of Business: Denton, TX CLASS 20 PVC 1A 5,000 FT. 1/2" X 20' $0.120 18 5,000 FT. 3/4" X 20 $0.150 1C 5,000 FT. 1" X20' $0.200 1D 5,000 FT. 11/4" X20' $0.300 1E 5,000 FT. 11/2" X20' $0.400 1F 5,000 FT. 2" X20' $0.590 1G 5,000 FT. 21/2" X 20' $0.910 1H 3,000 FT. 3" X20' $1.260 11 2,000 FT. 4" X20' $2.080 1J 1,000 FT. 6" X20' $4.510 1K 1,000 FT. 8" X20' $8.59 (GE) 2 SCHEDULE 40 PVC 2A 5,000 FT. 1/2" X 20' $0.200 28 5,000 FT. 3/4" X 20 $0.260 2C 5,000 FT. 1" X20' $0.390 2D 5,000 FT. 11/4" X20' $0.510 2E 5,000 FT. 11/2" X20' $0.560 2F 5,000 FT. 2" X20' $0.770 2G 5,000 FT. 21/2" X 20' $1.310 2H 3,000 FT. 3" X20' $1.580 21 2,000 FT. 4" X20' $2.190 2J 1,000 FT. 6" X20' $3.950 2K 1,000 FT. 8" X20' $6.070 Exhibit A BID #3464 DATE: February 16, 2006 ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES Longhorn, Inc. Principle Place of Business: Denton, TX 3 SLIP FIX 3A 200 EA. 1/2" $1.370 3B 200 EA. 3/4" $1.540 3C 200 EA. 1" $1.810 3D 200 EA. 11/4" $3.340 3E 200 EA. 1 1/2" $3.920 3F 300 EA. 2" $5.720 3G 100 EA. 21/2" $9.140 3H 100 EA. 3" $11.130 31 20 EA. 4" $19.950 4 KBI SWING JOINTS 4A 100 EA. 1/2" X 12 Thread X Thread $5.560 4B 750 EA. 3/4" X 12 Thread X Thread $5.990 4C 500 EA. 1" X 12 Thread X Thread $8.170 4D 150 EA. 1 1/2" X 12 Thread X Thread $13.600 4E 100 EA. 3/4" X 12 Slip X Thread $5.990 4F 100 EA. 1" X 12 Slip X Thread $8.170 4G 100 EA. 1 1/2" X 12 Slip X Thread $13.600 5 COBRA HOSES - ALL LENGTHS AVAILABLE 5A 50 EA. 1/2" X 12 #CC1200 $1.120 5B 50 EA. 3/4" X 12 #CC1275-2 $1.190 5C 50 EA. 1/2" X 18 #CC1800 $1.580 6 POLY CUT OFF NIPPLES 6A 300 EA. 1/2" X 6 #M481-005 Exhibit A BID #3464 DATE: February 16, 2006 ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES Longhorn, Inc. Principle Place of Business: Denton, TX 6B 300 EA. 3/4" X 6 #M481-007 $0.330 6C 300 EA. 3/4" X 1/2" X 6 #M481-101 $0.260 7 SCHEDULE 80 NIPPLES 7A 100 EA. 1/2" X 6" $0.240 7B 100 EA. 1/2" X 12" $0.530 7C 100 EA. 1/2" X 18" $0.620 7D 100 EA. 1/2" X 24" $0.630 7E 100 EA. 3/4" X6" $0.300 7F 100 EA. 3/4" X 12" $0.460 7G 100 EA. 1" X6" $0.420 7H 100 EA. 1" X 12" $0.530 8 WEATHERMATIC LX POP-UP SPRINKLER HEADS 8A 100 EA. LX-3 $1.210 8B 1,000 EA. LX-4 $0.990 8C 500 EA. LX-6 $4.050 8D 500 EA. LX-12 $5.500 9 WEATHERMATIC LX POP-UP NOZZLES 9A 1,000 EA. LX Plastic $0.550 9B 1,000 EA. LX Brass #5515H $1.780 9C 1,000 EA. LX Brass #5515F $2.510 WEATHERMATIC BUBBLERS -ALL MODELS $0.630 10 1,000 EA. AVAILABLE WEATHERMATIC T-3 SPRAY HEADS- $8.260 11 500 EA. ADJUSTABLE THROUGH 360 DEGREES WEATHERMATIC CT-70 SPRAY HEADS- $21.380 12 500 EA. ADJUSTABLE THROUGH 360 DEGREES 13 500 EA. K-RAIN PRO PLUS $8.250 Exhibit A BID #3464 DATE: February 16, 2006 ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES Longhorn, Inc. Principle Place of Business: Denton, TX 14 500 EA. K-RAIN PRO SPORT 15 QUICK COUPLING VALVES AND ACCESSORIES 15A 15 EA. 3/4" QCV #V075 $22.360 15B 15 EA. 1" QCV#V100 $31.420 15C 15 EA. 3/4" QCK #C075 $14.230 15D 15 EA. 1" QCK#C100 $30.490 WEATHERMATIC 1100 SERIES REMOTE 16 CONTROL VALVES 16A 100 EA. 1" #11024FCR-10 $39.040 16B 100 EA. 1 1/2" #11 024FCR-15 $57.380 16C 100 EA. 2" #11 024FCR-20 $79.650 WEATHERMATIC 2100 SERIES REMOTE 17 CONTROL VALVES 17A 100 EA. 1" #21024E-10 $29.610 17B 100 EA. 1 1/2" #21024E-15 $41.350 17C 100 EA. 2" #21 024E-20 $60.060 WEATHERMATIC 8200 SERIES REMOTE 18 CONTROL VALVES 18A 100 EA. 1" #8024 BCR-10 $79.200 18B 100 EA. 1 1/2" #8024 BCR-15 $103.960 18C 100 EA. 2" #8024 BCR-20 $144.000 18D 50 EA. 3" #8024 BCR-30 $307.800 WEATHERMATIC CONTROL VALVE REPAIR 19 PARTS 19A 300 EA. Solenoid #S24BSA $16.830 19B 300 EA. 1" Diaphragm Plastic #110-003SA $3.490 19C 300 EA. 1 1/2" Diaphragm Plastic #49-110 MSA $4.510 19D 300 EA. 2" Diaphragm Plastic #50-110 MSA $6.650 Exhibit A BID #3464 DATE: February 16, 2006 ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES Longhorn, Inc. Principle Place of Business: Denton, TX 19E 300 EA. 1" Diaphragm Brass #30-104 MSA $5.350 19F 300 EA. 1 1/2" Diaphragm Brass #30-203 MSA $5.460 19G 300 EA. 2" Diaphragm Brass #30-303 MSA $8.590 20 TORO DL2000 DRIP LINE 20A 1,500 FT. RGP-412-01 $0.400 20B 1,500 FT. RGP-412-03 No Bid 20C 1,500 FT. RGP-412-10 No Bid 21 DRIP LINE PRESSURE REGULATOR 21A 15 EA. 3/4" Low Flow#PMR15-LF $10.070 21B 15 EA. 3/4" M10 Flow#PMR25-MF $12.260 21C 15 EA. 3/4" Filter #YS75 $8.570 21D 15 EA. 1" Filter#AP4E-100 $9.79 - YSV-100 22 TORO DRIP LINE FITTINGS 22A 500 EA. 1/2" Tee #DL T $0.700 22B 500 EA. 1/2" Coupling #DLC $0.350 22C 500 EA. 1/2" Elbow #DLE $0.660 23 TORO 252 SERIES REMOTE CONTROL VALVES 23A 30 EA. l' Plastic #252-06-04 $26.980 23B 60 EA. 1 1/2" #252-26-06 $48.350 23C 60 EA. 2" #252-26-08 $59.010 24 TORO 220 SERIES REMOTE CONTROL VALVES 24A 30 EA. 1" P220-27-04 $62.170 24B 60 EA. 1 1/2" P220-27-06 $76.440 24C 60 EA. 2" P220-27-08 $100.390 Exhibit A BID #3464 DATE: February 16, 2006 ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES Longhorn, Inc. Principle Place of Business: Denton, TX 240 40 EA. 3" P220-27-00 25 TORO CONTROL VALVE REPAIR 25A 100 EA. 1" Solenoid Plastic #89-0878 $7.940 25B 100 EA. 1 1/2" Solenoid Plastic #35-3099 $27.130 25C 200 EA. 1" Diaphragm Plastic #35-2824 $3.880 250 200 EA. 1 1/2" Diaphragm Plastic #89-0815 $17.980 25E 200 EA. 2" Diaphragm Plastic #89-0817 $15.630 26 NELSON - PROGRAMMABLE ACTUATORS 8010, 8014,8030 26A 2 EA. 8010 $54.990 26B 2 EA. 8014 $71.720 26C 2 EA. 8030 $67.900 27 NELSON - ADAPTORS 27A 10 EA. Irritrol Plastic #77422 $5.200 27B 10 EA. Rainbird Plastic #77 424 $5.200 27C 10 EA. Weathermatic Brass #77481 $10.970 270 10 EA. Rainbird Plastic #77 468 $10.970 27E 10 EA. Irritrol #77467 $10.970 28 5 EA. NELSON PROGRAMMERS - 8070 $173.40-Model 8071 29 IRRITROL RAIN DIAL CONTROLLERS 29A 5 EA. R 0600 EXT $92.460 29B 5 EA. R 0900 EXT $125.640 29C 5 EA. RD1200 EXT $165.780 290 5 EA. TC15EX $213.520 29E 5 EA. TC18EX $255.940 Exhibit A BID #3464 DATE: February 16, 2006 ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES longhorn, Inc. Principle Place of Business: Denton, TX 29F 5 EA. TC24EX 30 IRRITROL IBOC CONTROLLERS 30A 5 EA. IBOC 4B $486.420 30B 5 EA. IBOC6B No Bid 30C 5 EA. IBOC8B $588.510 IRRITROL 700 SERIES REMOTE CONTROL 31 VALVES 31A 10 EA. 1" #700-1 $37.060 31B 10 EA. 1 1/2" #700 - 1.5 $53.250 31C 10 EA. 2" #700-2.0 $73.320 32 IRRITROL CONTROL VALVE REPAIR PARTS 32A 15 EA. 1" Solenoid #R811 $6.830 32B 20 EA. l' Diaphragm #100236 $2.630 32C 20 EA. 1 1/2" Diaphragm #114401 $10.010 32D 20 EA. 2" Diaphragm #114601 $11.500 24-VOL T DC LATCHING SOLENOID-FOR USE ON $21.99-Model 33 20 EA. IRRITROL VALVES #E2002 E2003 34 LEIT 4000 SERIES CONTROLLERS 34A 5 EA. leit 4000 $431.060 34B 5 EA. leit 4006 $553.280 34C 5 EA. leit 4008 $643.890 34D 5 EA. MCOl 4000 Mounting Column $54.450 34E 5 EA. Tool 3004 leit Key $22.160 35 LEMA 1500 SERIES ACTUATOR 35A 3 EA. lema Weathermatic #lEMA1524-4 $55.000 35B 3 EA. lema Irritrol #lEMA 1520-4 $43.890 Exhibit A BID #3464 DATE: February 16, 2006 ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES Longhorn, Inc. Principle Place of Business: Denton, TX 36 FEBCO PVB 36A 5 EA. 765 -1" $41.660 36B 5 EA. 765 - 1 1/2" $114.190 36C 5 EA. 765 - 2" $130.350 37 FEBCO RPZ 37A 5 EA. 860-RP-010 - 1" $79.820 37B 5 EA. 860-RP-015 - 1 1/2" $166.140 37C 5 EA. 860-RP-020 - 2" $179.780 37D 5 EA. 860-RP-030 - 3" $955.900 38 HOT BOX 38A 2 EA. LB-1 1" Device 38B 2 EA. LB-2 2" Device 39 PLASTIC VALVE BOXES 39A 30 EA. 6" Box #P5R $1.58-Model D109G 39B 30 EA. 10" Box #P1 OR $5.34-Model D1100SG 39C 30 EA. 12" Rectangle Box#M12R $11.45-Model D12000LSG 39D 30 EA. Large Rectangle Box L 18R $24.23-Model D15000LSG 2500 FT. ROLLS OF 14-GAUGE WIRE-ALL $.61ft. @ 2500' roll 40 100 EA. COLORS AVAILABLE 41 WIRE DRY SPLICE CONNECTORS 41A 1,000 EA. King Blue Small #King-2 $0.520 41B 1,000 EA. King Tan Large #King-6 $0.600 TURF TIGHT BLUE GLUE - 1 GALLON $29.320 43 500 EA. CONTAINER TURF TIGHT PURPLE PRIMER - 1 GALLON $22.500 44 500 EA. CONTAINER Emergency Stock Delivery can be made in 1 day days from receipt of order Exhibit A BID #3464 DATE: February 16, 2006 ANNUAL CONTRACT FOR IRRIGATION PARTS & SUPPLIES Principle Place of Business: Normal Stock Delivery can be made in days from receipt of order Percent discount off of manufacturer list (catalog) pricing: Lasco PVC Fittings Irritrol Weathermatic Nelson Toro Spears valve KBI Texas United Christies United Elchem Bidder is an authorized distributor, by the manufacturer, and is authorized to sell to the City of Denton? Longhorn, Inc. Denton, TX 3 days 70% 49% 58% 52% 49% 40% 57% Bid 55% 60% Yes AGENDA INFORMATION SHEET AGENDA DATE: March 7, 2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Jim Coulter 349-7194 ACM: Jon Fortune II. SUBJECT Consider adoption of an Ordinance authorizing the City Manager to execute a Professional Services Agreement with the firm of Malcolm Pirnie, Inc. to provide engineering services for the preliminary design of the Lake Lewisville Water Treatment Plant Upgrade; authorizing the expenditure of funds therefore; and providing an effective date (File 3430 in an amount not to exceed $200,000). The Public Utilities Board recommends approval (5-0). PROFESSIONAL SERVICE AGREEMENT INFORMATION This project is for the preliminary design of the Lake Lewisville Water Treatment Plant upgrade. An excerpt from the Public Utilities Board agenda information sheet is included below to provide a detailed explanation of the entire proposal solicitation, review, and approval process. In the development of the FY 2006 - 2010 CIP for the Water Production Division, several large CIP projects designed to address specific concerns with the Lake Lewisville Water Treatment Plant located off of Spencer Road were combined into a larger, more comprehensive project designed to address the following: 1. An upgrade to the chlorine and ammonia feed systems to increase system capacity, improve safety and automate the disinfection system. 2. An upgrade to the plant's primary disinfection process (either ozonation or Ultraviolet (UV) light) to conform to new regulatory requirements. 3. An upgrade to the existing Powdered Activated Carbon (PAC) feed system for improving the plant's taste and odor control process. 4. Miscellaneous improvements to the plant clarifiers and plant filters. Some of these improvements were dependent upon each other. For example, an ozonation disinfection process selection instead of a UV disinfection process would negate the need for an improved PAC feed system for taste and odor control and could impact the sizing of the new chlorination feed system. In addition, the process selection decision between an ozonation disinfection process and a UV disinfection process involves many variables, including capital costs, operation and maintenance costs, water quality and future regulatory compliance, etc. Additionally, implementing several smaller projects to deal with a specific plant issues would require hiring consultants and contractors for each project, losing the opportunity to attract and manage more qualified firms for these services. Agenda Information Sheet March 7, 2006 Page 2 PROFESSIONAL SERVICE AGREEMENT INFORMATION (CONTINUED) The project's success hinges on carefully considering the long-term water quality and regulatory impacts of process selection while prioritizing improvements to match current budgetary constraints. The critical decisions will be made during the preliminary design phase of the project, with implementation possibly phased over time with future CIP projects. Due to the magnitude and complexities of the project, staff elected to select the engineering consultant through a Request For Proposal (RFP) process. Staff formed a RFP committee representing key stakeholders as well as personnel with experience in dealing with engineering consultants and the RFP process. The committee reviewed and provided input on the RFP developed by the Water Production Superintendent and ultimately selected seven DFW area based consulting firms for invitations to participate. Five of the selected firms responded to the RFP and three were short listed for presentations to the RFP committee. The committee ultimately selected Malcom Pirnie from Dallas, Texas as the number one ranked firm with Camp Dresser and McKee from Dallas, Texas being a very closely ranked second place firm. Although the RFP was structured around the preliminary design phase of the project only, it was anticipated and communicated that the selected consultant for the preliminary design phase would also be awarded the final design phase for the project if their performance during the preliminary design phase warranted this. In negotiating the fee for this proj ect, the staff referred to the Professional Engineering Services - A Guide to the Selection and Negotiation Process, a widely recognized reference document prepared by the Consulting Engineers Council of Texas (CECT) and the Texas Society of Professional Engineers (TSPE) published in 1993. Engineering fees for construction projects are frequently negotiated on the basis of a percentage of the estimated construction cost of the project. The CIP budget for this project included an estimated construction cost of approximately $10,000,000. Using the CECT & TSPE method for fee estimation related to construction costs, full basic engineering services (without a full time resident construction manager) for a project of this size, cost and complexity would typically be around 12% of construction cost, or approximately $1,200,000. The total budget for professional services in the FY 2006 and FY 2007 is $1,100,000. This included $200,000 for preliminary design, $700,000 for final design and $100,000 for inspection. Based upon prior experience and comparison with other projects, staff prepared these budget numbers to reflect current market conditions for engineering fees for a water plant rehabilitation and upgrade project of this size, scope and complexity. Agenda Information Sheet March 7, 2006 Page 2 PROFESSIONAL SERVICE AGREEMENT INFORMATION (CONTINUED) The original fee proposal from Malcolm Pirnie was based upon the scope outlined in the City's RFP and the selected consultant's submitted proposal. The fee was based upon a man-hour cost breakdown for each scope item and deliverable including expenses and subcontractor expenses. The original fee proposal was based on a 3.4 multiplier and totaled $258,000. Based upon staff review and negotiations, the final negotiated fee was based upon a 3.2 multiplier, an hourly fee cap of $200 per hour, and a subcontractor mark up of 10% for a total lump sum fee of $200,000. The hourly fee cap reduced the multiplier for four members of the consultant's project team to between 2.33 and 2.80 and included the project manager and three PHD level consultants that represented approximately 22% of the total man-hours estimated for the project. PRIOR ACTIONIREVIEW (COUNCIL. BOARDS. COMMISSIONS) The Public Utilities Board approved this item at its February 27,2006 meeting. RECOMMENDA TION Award to Malcolm Pirnie, Inc. in an amount not to exceed $200,000. PRINCIPAL PLACE OF BUSINESS Malcolm Pirnie, Inc. Dallas, TX ESTIMA TED SCHEDULE OF PROJECT The estimated project schedule for completing the final preliminary design report is sixteen weeks after the Notice to Proceed has been issued. FISCAL INFORMATION This project will be funded from account 630163517.1365.40100. Agenda Information Sheet March 7, 2006 Page 4 Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent l-AIS-RFP 3430 ORDINANCE NO. 2006- AN ORDINANCE APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER BY AND BETWEEN THE CITY OF DENTON, TEXAS AND MALCOM PIRNIE TO PROVIDE ENGINEERING SERVICES FOR THE PRELIMINARY DESIGN OF THE LAKE LEWISVILLE WATER TREATMENT PLANT UPGRADE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTNE DATE. WHEREAS, Malcom Pimie. a professional engineering firm ("Pirnie") is being selected as the most highly qualified firm on the basis of its demonstrated competence and qualifications to perform the proposed professional engineering services; and WHEREAS, the fees under the Agreement 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 Pimie's profession and such fees do not exceed any maximum provided by law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The "Professional Services Agreement for Architect or Engineer" entered into by and between the City of Denton, Texas and the firm of Malcom Pimie, in an amount not to exceed $200,000, is hereby approved; said Agreement is attached as Exhibit "A" hereto and is incorporated herewith by reference. SECTION 2. The City Manager is hereby designated to execute the Agreement. SECTION 3. The City Manager is hereby authorized to expend funds as provided for by the Agreement.. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FOR1vf: EDWIN M. SNYDER, CITY ATTORNEY By: JWu2Q0 ~ S:\Our Documents\Ordinances\06\Ma1com Pimw-Water-Engrg Svc-Lake Lewisville-2006 doc Page 2 ',. ~~M\. 'fi PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into as of the day of ,2006, 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 Malcolm Pimie, me., with its corporate office at 104 Corporate Park Drive, White Plains, New York 10602 and an office at 12400 Coit Road, Suite 1200, Dallas, Texas 75251, hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives. m consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments to this Agreement that are referenced in Section 3, in connection with the Project. The Project shall include, without limitation, (describe the Project in the space below or in an attachment) See Attachment A - Scope of Services SECTION 2 COMPENSATION The Owner shall compensate the Design Professional as follows: 2.1 BASIC SERVICES 2.1.1 For Basic Services the total compensation shall be $200,000. 2.1.2 Progress payments for Basic Services shall be paid in the following percentages for of the total compensation for the Basic Services satisfactorily completed at the end of the following phases of the Project: Study Phase D Data collection and initial meeting 10% CJ Site reconnaissance and data assessment 25% CJ Workshops 1 and 2 15% CJ Workshop 3 13% CJ Draft report 25% Page 1 P.\Marketmg\2005\Denton\Scope and Fee NegotiatlOns\Contract\Design Professional Agreement . Malcolm Pirnie.doc Revised 5-30-02 o Final Report and Final Meeting o Presentation Assistance Schematic Design Phase Design and Development Phase Construction Documents Phase Bidding Phase Construction Phase 10% 2% N/A% N/A% N/A% N/A% N/A% 2.2 ADDITIONAL SERVICES 2.2.1 Compensation for Additional Services is as follows: Principals Senior Associate Associate Senior Project Engineer Project Engineer Staff Engineer CAD Staff Clerical Staff $200 per hour $200 per hour $175 per hour $145 per hour $120 per hour $92 per hour $70 per hour $75 per hour 2.2.2 Compensation for Additional Services of consultants, including additional structural, mechanical and electrical engineering services shall be based on a multiple of 1.1 times the amounts billed to the Design Professional for such additional services. 2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.1 times the expenses incurred by the Design Professional, the Design Professional's em- ployees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of$ N/A without the prior written approval of the Owner. SECTION 3 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: 1. City of Denton General Conditions to Agreement for Architectural or Engineering Services. 2. Attachment A - Scope of Services which replace basic services described in General Conditions Article 2 3. Attachment B - Level of Effort Page 2 P:\Marketing\2005\Denton\Scope and Fee Negotiations\Contract\Design Professional Agreement - Malcolm Pimle.doc Revised 5-30-02 4. Attachment C - Proposal for Professional Services dated November 2005 This Agreement is signed by the parties hereto effective as of the date first above written. CITY OF DENTON BY: HOWARD MARTIN INTERIM CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN 1l1J:I}' CITY ATTORNEY BY: / ~.C6 0 IRNIEjUC. AI / /1 //lLG~ . Robert G. McCollum Vice President BY: :~I1~~ Page 3 P:\Marketmg\2005\Denton\Scope and Fee NegotiatlOns\Contract\Design ProfesslOna] Agreement - Malcolm Pimie.doc ReVised 5-30-02 CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE 1. ARCIDTECT OR ENGINEER'S RESPONSIBILITIES 1.1 The Arclutect or Engineer's services consist of those selVlces for the Project (as defined In the agreement (the "Agreement") and proposal (the "Proposal'1 to which these General Conditions arc attached) performed by the Architect or Engineer (hereinafter called the "Design Professional") or DeSign Professional's employees and consultants as enumerated m Articles 2 and 3 of these General Conditions as modified by thc Agreement and Proposal (the "Services"). 1.2 The Design Professional will perform all ServIces as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordmanly exercised by memben; of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely actions (the "Degree of Care'') The ServIces shall be performed as expeditiously as is consIStent with the Degree of Care necessary for the orderly progress of the Project. Upon request of the Owner, the DeSign Professional shall submit for the Owner's approval a schedule for the performance of the ServIces which may be adjusted as the Project proceeds, and shall include allowances for penods of time required for the Owner's review and for approval of submissions by authorities having junsdlction over the Project. Time limits establIshed by litis schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design ProfesSIOnal or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED Thc DesIgn Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include wilbout limitation normal structural. civil, mecbamcal and electrical engineenng services and any other engmeering services nocessary to produce a complete and accurate set of Construction Documents, as described by and required in Section 2.4. The BasIC Services may be modified by Ibe Agreement. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to estabhsh the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each ill tenns of the other. subject to the limitations set forth in Subsection 5.2.1. 2.2.3 The Design Professional shall review WIth the Owner alternative approaches to design and consttuction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements. the Design Professional shall prepare, for approval by Ibe Owner, Schematic Design Documents consisting of drawmgs and other documents Illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes. ordmances. codes and regulations. 2.25 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other lUlit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed timo fuctor for the period of time from the conunencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or consttuctJon budget, the Design Professional shall prepare for approval by the Owner. Design Development Documents consisting of drawings and other documents to flX and describe the size and eharacter oflbe Project as to architectural. sttuctural. mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applIcable laws. statutes, ordinances. codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project. 2.3.2 The Design Professional shall advise 1he Owner of any adjustments to the preliminmy estimate of Consttuction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the eonsttuchon budget authorized by the Owner, the Dcsign Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply wilb all applicable laws, statutes. ordinances, codes and regulations. 2.4.2 The Design Professional shall assist the Owner In the preparntion of the necessary bidding or procurement mformation. bidding or procurement fonns. the Conditions of the contract, and the form of Agreement between the Owner and contractor. 2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in reqwrements or gcneral market conditions. 2.4.4 The Design Professional shall assist the Owner in cOlUlcchon WIth the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project 25 CONSTUCfION CONTRACT PROCUREMENT 25.1 The Design ProfesSional, followmg the Owner's approval of the Construction Documents and of the latest prehnunary detailed estimate of ConstructIOn Cost" shall asSISt the Owner in procuring a consbUellon contract for the Project through any procurement method that is legally applicable to the Project including without Page Iof8 H:\Misc\Blank Fonns\GENERAL CONDITlONS-ARCHITECT-ENGINEER.doc Revised 5-30-02 JnTUtation, the competItive sealed bidding process. Although the Owner wIll consider the adVice of the Design Professional, the award of the constructIOn contract IS in thc sole discretion of the Owner. 2.5.2 If the construction contract amount for the PrOject cxceeds the total construction cost of the Project as sct forth in the approved Detailed Statement of Probable Construction Costs of the Project subnutted by the Design ProfessIOnal, then the Design Professional, at Its solc cost and expense, will revise the ConstructIOn Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total constructIon cost of the Project will not exceed the total construction cost set forth 111 the approved Detailed Stalcment of Probable Construction Costs. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Design Professional's responsibility to provide BasIC ServIces for the Construction Phase under this Agreement couunences WIth the award of the Contract for Construction and tenninates at the issuance to the Owner of the final Certificate for Payment, unless extended under the tenns of Subsectton 8.3.2. 2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionalss the administration shall also be in accordance with AlA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be amended by the City of Denton special condItions, unless otherwise proVided in the Agreement For engineers the administration shall also be m accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement 2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modIfied or extended without written agreement of !he Owner and Design Professional. 2.6.4 The Design Professional shall be a representative of and shall advise and consult wi!h the Owner (I) during construction. and (2) at !he OwneI's direction from time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shaI1 have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument 2.6.5 The Design Professional shall obsetve the construction site at least one time a week, wbJIe construction is in progress, and as reasonably necessary while construction is not in progress, to become familiar with the progress and quality of the work completed and to detennine if the work is being performed in a manner indicanng that the work when completed WIll be lD accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner infonned of the progress and quality of the work. and shall exercise the Degree ofCaro and diligence in dIscovering and promptly reportmg to the Owner any observable defects or deficiencies in the work of Contractor or any subcontractors. The Design Professional represents that he will follow Degree of Care in perfonning all Services under the Agreement The Design Professional shall promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The OwneI's approval, acceptance, use of or payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights hereunder. 2.6.6 The Design Professional shall not have control over or charge of and shall not he responsible for construction means, methods, teclmiques. sequences or procedures. or for safety precautions and programs in connection with the work. The DesIgn Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis- sions. The Design Professional shall not have control over or cbarge of acts or omissions of the Contractor, Subcontractors. or their agents or employees. or of any other persons perfonning portions of the work. 2.6.7 The DesIgn Professional shall at all times have access to the work wherever it is in preparation or progress. 2.6.8 Except as may Otherwise be provided in the Contract Documents or when direct communications have been specially authorized, !he Owner and Contractor shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall he through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional shall review and certifY the amounts due the Contractor. 2.6.10 The DeSign Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional's observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the pomt indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subjeet to minor deViations from the Contract Documents cor- rectable prior to completion and to specifie qualifications expressed by the Design Professional. The issuance of a CertIficate for Payment shall further constitute a representation that the Contractor is enntled to payment in the amount certified. However, the issuance of a Certificate for Paymcnt shall not be a representation that the Design Professional has (1) reviewed construction means, methods. techniques, sequences or procedures, or (2) ascertamed how or for what pmpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The DesIgn Professional shall have the responsibility and authonty to reject work which does not conform to the Contract Docwnents. Whenever the Design Professional considers It necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to reqUire additional inspection or testing of thc work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall gIve rise to a duty or responSibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons petfonning portIOns of the work. 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's subrruttals such as Shop Drawings, Product Data and Samples for the purposc of (I) detennining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, wben completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the construction of the Owner or of separate contractors, while allowing suffiCient time in the Design Professional's professIonal judgment to permit adequate review. Review of such submittals is not conducted for the purposc of determining the accuracy and completeness of other details such as dimensions and quantines or for substantiating instructIOns for installation or petfonnancc of equipment or systems designed by the Contractor. all of which remain the responsIbility of the Contractor to the extent reqUired by the Contract Documents. The Design Professional's review shall not constitute approval of safety precaunons or, unless otherwise specIfically stated by the Design ProfessIOnal, of construction means, methods, techniques, sequences or procedures. The Design ProfesSional's approval of a specific item shall not indicate approval ofan assembly of which the item is a component. When professional certification ofpetformance characterisncs Page 2 of8 H:\Misc\Blank Fonns\GENERAL CONDITIONS-ARCHITECT. ENGINEER. doc ReVised 5.30-02 I. INTRODUCTION The City of Denton (OWNER) intends to conduct a study of its Lake Lewisville Water Treatment Plant to determine improvements necessary to comply with applicable regulatory standards (e.g. drinking water, codes, etc.); customer water quality goals; and operational and facility efficiency objectives. Malcolm Pirnie, Inc. (ENGINEER) will perform professional engineering services to conduct the study (PROJECT). Specific elements defined in the request for proposal and addressed in this scope are as follows: II Eval uate disinfection strategy . Evaluate taste and odor control II Improve chlorine and ammonia facilities for safety and capacity · Evaluate filter operations and advise on replacement of underdrains; retrofitting air scour; filter to waste; retrofit to membranes; and similar . Evaluate options for correcting hydraulic deficiencies of plant . Evaluate sludge removal system · Evaluate the negative impact related to current enhanced coagulation strategies . Evaluate pH adjustment system . Evaluate backwash recycle practices · Evaluate plant operations and water quality with respect to current and future regulations . Evaluate the reliability and condition of plant facilities and equipment · Evaluate source and distribution water quality as appropriate for the treatment process selection II. DETAILED TASK DESCRIPTIONS To address the specific elements of work, ENGINEER will conduct the Study Phase Services for the PROJECT as detailed in the following tasks. The outcome of the study will provide: · Recommendations of a process design that meets water quality objectives (regulatory and customer driven) · Recommendations for improvements to specific technical issues indicated above · Basis of design for facility process components (loading rates, sizing, etc.) to enable subsequent development of plans and specifications for bidding · Prioritized implementation plan for the capital program with associated estimated project costs and schedule if,~~~~t;~~:~ . ~ City of Denton, TX I Lake Lewisville WTP Upgrade ; A.~ Task 1 - Project Administration ENGINEER will conduct project management of the work including project planning; preparation and submittal of monthly activity reports, invoices, schedule updates and decision needs to the OWNER; management and coordination of subcontractors; and monitoring and control of schedule. Communication with the OWNER will generally be weekly through phone calls or email, as appropriate with written communication for substantive items. Deliverables: II Monthly activity reports, schedule updates and invoices Task 2 - Data Collection ENGINEER will prepare a data request for source water quality, the existing plant facilities and distribution system (as appropriate) incl uding construction drawings, schematics, diagra ms, shop drawings, reports, pilot data, pertinent operating records including MORs, chemical use data sheets, water quality test reports, energy records, and related data in order to conduct the study. For water quality data that is not available, ENGINEER will submit a request for analysis by the OWNER on agreed upon parameters (e.g. MIB/geosmin). ENGINEER will also investigate availability of pilot / bench scale data available from other users of the Lake Lewisville source. OWNER will forward material to ENGINEER and ENGINEER will make copies of data the OWNER needs returned. Deliverables: . Data req uest . Analysis request, as necessary · Graphical results to present water quality trends using available OWNER data Task 3 - Initial Meeting with OWNER ENGINEER will attend a preliminary conference with the OWNER at the OWNER'S offices to discuss the PROJECT. The meeting will include team introductions, discussion of project goals and objectives, identification of deliverables, schedule, and discussion of additional data requirements. Levels and frequency of communications will be established. ENGINEER will prepare an agenda at least 3 working days in advance of the meeting and a summary within 3 working days afterward to document substantive comments. De liver a b Ie 5: . Meeting agenda . Meeting summary Task 4 - Site Reconnaissance at Plant On the same day as the initial meeting with the OWNER (Task 2), the ENGINEER will conduct a tour of the plant site, documenting in detail the condition of process components including mixing, flocculation, sedimentation, filtration, and pumping; support facilities including washwater recycle, chemical storage and handling, and electrical and instrumentation systems; and, using our operations specialist, conduct an operations practices analysis. Information will be collected in standard facility templates. :'~':', ~~~~f~~t;~1r 0 MALCOLM PIRNIE , City of Denton, TX ; A-3 Lake LewisviJ/e WTP Upgrade ; Deliverables: iii Data collection templates . Photographs Task 5 - Detailed Assessment of Data and System Information ENGINEER will assimilate and review the data collected from the OWNER'S records (Task 2), initial meeting and the site tour. A description and condition assessment of each facility will be prepared and documented. The information will be documented and incorporated into a draft "Description of Existing Facilities" chapter of the study. In addition, a hydraulic "capacity" assessment using a computer model will be made of each plant facility component to identify hydraulic constraints and capacity of each component. Within 15 working days of completing the operations practice analysis, the assessment will be documented in a separate memorandum to the OWNER. It will contain initial recommendations that plant staff can readily implement to optimize operations without significant capital investment. It will also contain a brief discussion (based on discussions with staff and the data review) on distribution system aspects that impacts water quality (e.g. blending, tank operations, etc), Deliverables: · "Description of Existing Facilities" chapter of the report . Operations assessment memorandum . Hydraulic "capacity" assessment Task 6 - Develop Criticality Ranking, Establish Water Quality Goals and Conduct Workshop No.1 The ENGINEER and OWNER will meet in Workshop NO.1 at ENGINEER'S office to conduct the criticality assessment of the existing plant components and to develop the water quality goals (regulatory and city/customer driven) that will serve as the basis for developing treatment alternatives and facility improvements. Immediately prior to Workshop No.1, the ENGINEER will develop and submit to the OWNER the initial criticality factors and ranking of each existing facility component (evaluated as part of Tasks 4 and 5). It will contain a proposed numerical rating system and the initial values applied to each component for initially rating its condition. Then, in the workshop using a pair wise comparison matrix, the criticality of each component to meeting water quality goals, safety standards or to sustain reliable operations of the plant will be determined to rank the importance and priority of any needed improvement. The results of this analysis will be used to develop alternatives and associated planning level costs. The ENGINEER will facilitate the pair wise comparison analysis. ENGINEER will prepare an agenda and the initial pairwise facility matrix with initial ratings at least 3 working days in advance of the workshop and a summary within 3 working days afterward to document substantive comments. Deliverables: · Meeting agenda and initial pairwise matrix for rating existing facility components prior to workshop · Meeting summary documenting water quality goals and the results of the criticality analysis City of Denton, TX : A-4 Lake Lewisville WTP Upgrade ; I Task 7 - Develop Alternatives and Conduct Workshop No.2 In advance of Workshop No.2, the ENGINEER will prepare a listing of multiple treatment alternatives (ten to fifteen) that could potentially meet the water quality objectives and address facility deficiencies based on its experience and prior OWNER input. These initial alternatives could range from simple process modifications / enhancements to the existing conventional plant all the way to integration of new processes such as ozone, ultraviolet light irradiation, granular activated carbon adsorption, membrane filtration, etc. Capital and operational costs for the candidate alternatives will be based on USEPA cost curves and historical data (e.g, cost per ',000 gallons) for purposes of comparing the relative costs of each only and not with the intention of developing budgeting at the screening level. Then, the ENGINEER will conduct the Workshop at the ENGINEER'S office to discuss the merits of the initial alternatives and conduct an initial screening using standard screening criteria developed by the ENGINEER and a software package (Decision Criterium Plus). The intent of the workshop is to obtain significant OWNER input on the candidate alternatives then screen down to the 3 to 4 most viable treatment alternatives for final review and assessment. In addition, as part of the workshop, ENGINEER will solicit the OWNER'S input on rating factors and importance weights to use for the detailed alternatives analysis (Task 8 below). ENGINEER will prepare an agenda and preliminary alternatives at least 3 working days in advance of the workshop and a summary within 3 working days afterward to document substantive comments. Deliverables: · Meeting agenda and factors for the initial screening of alternatives in advance of workshop · Meeting summary documenting results of the screenings and the factors and weights to use for the final alternatives evaluation Task 8 - Conduct Detailed Alternatives Assessment and Workshop No.3 In assessing the final 3 to 4 treatment process alternatives screened to under Workshop No.2, it is anticipated that the ENGINEER will assess both economic and non-economic factors (developed in Task 7). Costs analysis will be developed in three components - capital, operations and life-CYCle. Capital costs will be based on the detailed definition of the candidate alternatives and priced in costs sheets using historical data from Malcolm Pirnie bid projects bid in the Dallas/Fort Worth area plus a contingency of up to 20%, to account for variability of risk and detail available. Operational costs will be developed using the OWNER'S anticipated costs for labor, chemicals, power, and related. Where appropriate, an inflation factor may be assigned to each operational cost to determine the relative impact on the overall life-cycle cost of each alternative. Life-cycle costs will be based on the prevailing interest rates, expected to be in the range of 4 to 6%. Using Criterium Decision Plus software, the ENGINEER will conduct a detailed analysis of the 3 to 4 candidate alternatives and place initial ratings against each factor. ENGINEER will forward the analysis in a technical memorandum form to the OWNER for initial review. Within two weeks of the submittal, ENGINEER will meet with the OWNER at the ENGINEER'S office to receive comments on the analysis. From this review, it is expected the ENGINEER will proceed with finalizing the report development. Deliverables: · Meeting agenda and draft alternatives analysis · Meeting summary documenting results of the final alternatives analysis Task 9 - Prepare Study Report I Design Basis and Final Meeting ENGINEER will prepare a draft study report and design basis then revise the document to final form. To facilitate timely review and maximize OWNER input, it is expected that the ENGINEER will submit draft City of Denton, TX A-5 Lake Lewisville WTP UpCJrade chapters for review by the OWNER during the course of the PROJECT (e.g. Description of Existing Facilities - Task 2; Facilities Assessment - Task 5; Alternatives Analysis - Tasks 7 and 8; etc.). The report contents will generally cover the following: . Executive Summary . Project Background. Data and Information . Description of Existing Facilities . Regulatory Assessment . Treated Water Quality Goals . Treatment Technology Descriptions . Treatment Alternatives Evaluation . Recommended Facility Improvements II Implementation Plan and Costs . Design Basis Summary . Appendices Facility condition assessments Treatment operations assessment Cost information Equipment data sheets as appropriate This document is assumed as a Preliminary Engineering Report level of detail, defining the work in conceptual level adequate for development of drawings and specifications. Ten copies of each draft document will be submitted followed by up to thirty copies for final record. The ENGINEER anticipates a final review meeting with the OWNER at the ENGINEER'S offices to discuss and receive final comments on the compiled draft document. Review comments will be addressed and the final copies submitted for record. This report will serve as the basis of SUbsequent design services. DeJlverables: . Draft report - up to 10 copies . Final report - up to 30 copies . Final meeting summary Task 10 - Assistance for Presentations to Governing Authorities ENGINEER will assist the OWNER for preparing for and attending up to two meetings with governing authorities (City councilor Utility Board). Assistance includes preparation of presentation materials and handouts. Deliverables: . Powerpoint or similar presentations in electronic form c City of Denton, TX A-6 Lake Lewisville WTP Upgrade .. Handouts - 30 copies per meeting III. PROJECT SCHEDULE The project schedule for completing tasks 1 through 9 is 16 weeks after notice to proceed. IV. ADDITIONAL SERVICES All services requested of the ENGINEER by the OWNER during the PROJECT that are not specifically described in the scope of work shall be provided by the ENGINEER as Additional Services. These could include: . Piloting testing · Analysis of alternatives for other facility components other than liquids process trains . Geotechnical . Surveying . Preparation of design and bid documents . Construction advertisement services · Construction administration services including resident inspection and startup services . Distribution system modeling . Regulatory meetings and permitting . Distribution system tank assessments and water quality investigations . Other items not contained in this scope of services . - ~j-~< ---:~!,.~-~>-;:_-,.-.-~_.: -- - "0:- ..,.~:.. ~~ :11, MALCOLM PIRNIE '- ~ >~ ~ ~-..~- ---'------ ~ ~ APPENDIX B Template ver 01-06-2006 City of Denton, TX Lake Lewisville WTP Improvements - Study MULT (for Billable Rates) 3.20 y BillABLE TOTALS TASK DESCRIPTION labor ODC's SUBs Total 000 Expenses $ - $ - $ 15,947 $ 15,947 1 Proiect Administration $ 18,273 $ 743 $ - $ 19,016 2 Data Collection and Review $ - $ - $ - $ - 2a - Letter $ 880 $ 28 $ - $ 909 2b - Review Availabilltv of Data $ 1 ,442 $ 44 $ - $ 1 ,486 2c - Copy $ 418 $ 34 $ - $ 452 3 Initial Meeting wIth OWNER $ - $ - $ - $ - 3a - Agenda and prep for meeting $ 1,363 $ 44 $ - $ 1 ,406 3b - Attend meeting $ 677 $ 17 $ - $ 695 3c - Meeting summary $ 1,252 $ 39 $ - $ 1,291 4 Site Reconnaissance at Plant $ ~ $ - $ - $ - 4a - Prep templates $ 5,251 $ 183 $ - $ 5.434 4b - Tour $ 5,769 $ 1,973 $ - $ 7,742 4c - Final templates and photos $ 3,022 $ 122 $ . $ 3,144 5 Detailed Assessment of Data $ - $ - $ - $ - 5a - Rvw, graph & summarize data $ 4,910 $ 148 $ - $ 5,059 5b - Dev EXist F aci Iity Desc" chapter $ 8,061 $ 288 $ - $ 8,349 5c - Operations assessment memo $ 5,896 $ 179 $ - $ 6,074 5c - Hydraulics assessment $ 10,062 $ 410 $ - $ 10,472 6 Criticality, WQ Goals, Workshop N $ - $ - $ - $ - 6a - Agenda and prep for meeting $ 4,189 $ 144 $ - $ 4,333 6b - Attend meeting $ 2,709 $ 70 $ - $ 2,779 6c - Meeting summary $ 1,252 $ 39 $ - $ 1,291 7 Dev Alternatives & Workshop No. $ - $ - $ - $ - 7a - Alternatives development $ 6,048 $ 174 $ - $ 6,223 7b - Agenda and prep for meetinQ $ 2,640 $ 87 $ - $ 2,728 7c - Attend meeting $ 2,709 $ 70 $ - $ 2,779 7d - Meeting summary $ 1,252 $ 39 $ - $ 1,291 8 Detailed Alts Assessment $ - $ - $ - $ - 8a - Costs and technical assessment $ 14,805 $ 523 $ - $ 15,328 8b - Alternatives evaluation $ 4,097 $ 105 $ - $ 4,201 Bc - Agenda and prep for meeting $ 1,883 $ 78 $ - $ 1,961 8d - Attend meeting $ 2,709 $ 70 $ - $ 2,779 8e - Meeting summary $ 1,252 $ 39 $ - $ 1,291 9 Prepare Study Report & Final Meet $ - $ - $ - $ - 9a - Dev Draft Report and Submit $ 39,882 $ 1,443 $ - $ 41,325 9b - Agenda and prep for meeting $ 1,205 $ 61 $ - $ 1,266 9c - Attend meeting $ 2,709 $ 70 $ - $ 2,779 9d - Meellng summary $ 963 $ 31 $ - $ 993 ge - Prepare final report and submit $ 14,174 $ 706 $ - $ 14,880 10 Presentation Assistance $ 4,086 $ 216 $ - $ 4,302 TOTAL BILLABLE $ 175,840 $ 8,216 $ 15,947 $ 200,003 Outside DOC's markup 10.% Subcontractor markup 10.0% CONTRACT FEE $ 200,000 PM: Contract Fee (Upset) B-1 City 01 ~nlon. TX T'ftk D~npUon f-- 1 p.l'>".--l.Mrns.Ulon 2 .10aIa~""'_ ,. '- 2b l-~^~-oIO<\tI- 2c . ""'" 3 11'IiMI1......................O'WNE.R ,. '.........""'....."'''''''''''' 3b - Atlend-meelUu 3c 4 ~ ReconnaJssanre at Plant 4a . PIN._tE>S ... ole ~m~~ "..C T EJS.8 ...8 t 10 , I 5 50 50 50 50 . .. 5b '" 7 " ,. 'c - T... -,...-...""'- ~~oI[;ta1a RIM M'Illf'I&~datl- . OOV"""F......___ _nn..."bon:i;~llllliln"lO -1nIu.-I.,.........;!I:S:S8SSmelll ~waGoo/$.~..., _.....;.,.;""-..-. - ^""".-" ()eY~ 8. WotKshoo No 2 -............- - .........,,-...-.. --"""""" ,. 6 I)8L;iledAltsA~1U1I1I: 3a r ().;\$tI'"'~~ 8b- . Allemalves IW8Iuaion a.o ~............t--~""""'ix~ 3d -.Mmd~ .. '9 PI &FnaI ~ ~ I)owI)"atlI)Ao"YVtandSlkm! 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Aqooda&1dprcp~rr~-~oo :s. l30I!.s 6b A'leOO Hlffl'l~trg 50 8OO-S Sc M"""t.oo$l."'\<l~ 5- XJ0 S f Do..uAJlmlilt.~';;s&~\'o~No2 $ S ~_7) ~ - A..;.o-H'lll:r,;~ ~:q:.r.eJlt S 1 200 S 1b l-,~''''..-.-i'''.aOOp.'-""-,,fc,(iT'€'€'''''''' S SOO S 1~ _~ !'-~~~~__~ s BOO:S 7d ~f.oo~f:lg,;L"rr.m3I)' S m S , -- S [J.-IdL"edAJb.~Il""[ jS ~ 8-3 [))::;l!iolr1d~~ol~.y..:-nt 5 1600 $ : =::::ua~~~ru" -i-- ~: ad A[~mee-nM S .~;$ 800' U:~[,r}g~ S x.u:s 8 ,Pr.::pamSru,t.,o Rcjx.;1& Frml ",~nn"i $ - ~~- :s 9-3 IJc-vCnllIR~;j[lIjSUt.HIj! S 3m! Ot t Ago;J;oiaaMp'ejllormoonng $ 2OO:S 9c A.rtEmd rr,,*,~rl{l < S $00-:$ ~ "-~~"-~ summa'" $ 200;$ ~_~:l'~ef:'8f\lfinaJ re-pofl<loosubmJ j 5 aoo:$ 10 'Pr~~t..(:J(lAs<---<;rMl(J) _>__ _ S 1.2CCJ 1; , I. ~~ -- j~s- : TO-TAL BILlASLE LABOR I ! 31.300:$ ~_-~~Vjl;;'CIMrr',/l..:;tr<l!I()11 ---2.-~!"l CAL;~-;~-:;;;~~ ~f{::~AV3la~J~'O'Oil1a " c= _~t pT_ ~l:;~t-- f,'l182S01 LABOR GRADES. HOURS, & COS rs Hoffman .....,..." E/S.15 EIS-5 1&1 18 ""_1_ I SIoIfE"" """'.. 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S : $ S :$ '$ 141 S ! S s l $- ~ ----+1---~- ,1 _ I $ ~ $ S --rs~-~ 300 '$ ~~c I,OO~ 50 UI~$ -1-001$ 912 $ &XI.$ $- __ S 400 $ 269 $ 26/l. S 2941:$ :s 1a~ $ S 141 S 200 S MJ $ 573! S 5J.1 }~_ 5 :s - $ ! S S S 200J l:li 576T$ ~;)J $, , S :s _~ $ ! $ 141 S S S - Is s S ,S. .~ os ! S $ 5 800,$ 34l'..8l$- 2<125 S 5 400 S 5...72 '$ 8001$ _.J.41 L~~ .oc.o r:s 516 I $ 531:5 588 l S :s ~_ OOJ ! S S -S- 200:$ _289p, _~~ :S lS 's ia2 ! ~.!- 141 S 53.3.$_ ~~ 800,$ 518ls 5:3~:$ 3$ _~_u_ S ~S S S "" I $ 51.1 S '" $ , ~ ~c _.' 1$ 1<1 $ S -' I $ I s '$ 3 S :s :$ ~ S $ S 4,bCXl1S 3,0091$ 7968 S 1175jS 600 t 9,-48-5 IS 6OO~S 1.971 $ IS14!$ i $ 1-14! -!; '$ ~ S ,:S -~ M~r;- ! S 141 $ 533 S 00) i '$ --518 ! $ 5~~ S j $ : $ $ ~ s I s- !-S 2O(lrS- 289!S 133 $ ;$ :$ S ~T;-~ 141 S is 1 .!OO ' '$ 2 aro ~.s 1 5S4:S 001 . S ooa $ 1189 $ 800 \ $: 1 40B $- I 613 l:s -IOO!$ SOI!.$"- '53~:!: -----t--l____:.L S S:!lj;2 5 806. S ---...., - s ___>is :S 'S '$ $ ~S _ $._ ._LS_~ ! s ! S $ ~ _.1_ _ 1; S S , $ J1 ' ! $ IS $ $ ---",-1_ _ __ So ~ S S ; s ----, 16,6(IQ! S. 35,253!.$ ~....-Qs.a $ 9,a.t.t S 3-..aoo....; $ ~.18-4 So 4,400 Is 9,re2 S 6,922; S 1;"Ul::1~O~~5-:i;Woll~15 !$ 41-$1$ 45.90~':S 11~ TS "'001$ ,",OOJ$ 22001$ 21ool~ 2100 B-2 Total Hours l TJA.... I 120 6 10 . I 10 4 9 i 42 35 2B 34 O. ., 94 33 16 9 40 20 16 12. 2. IS 10 9 i 331 " '5 7 12. 34 1.35-9- Total C.... BILlABt.E 5 :S 18.273 $ $ 8$(1 $ 1,442 $ -418 $ S 1.36'3 $ 571 S 1,252 $ $ 5,251 S 5,769 $ 3,022 I $ 4.910 $ 8.061 $ '.890 S 'O.os2 S $ 4.1a9 S 2.709 $ 1;252 , S S.M8 $ 2.640 $ 2.709 $ 1.252 I $ 14,1105 $ 4.007 $ 1.aeS S- 2.7U9 $ U:52 I $ 39.a8-2 $ 1.'~5 $ 2.709 $- 963 $ 14,174 $ ....Gat; $ I , $ 175.840 L_~I~~T~_ CLty of Denton, TX M182601 10I'CCoOo.......' _.Not........." (C) ..,,""""'''' 0~~i!iI.!.bI$) OTHER OlRECT COSTS In-House ODCs. Bll.(JI.lil.E PC& Rep;" AulO In-Ho:.~ In-HolJ'S.s- In-HO-LJSB In-Holise ltik T-ask D.;.~l:.rIl:Il'IOf\ CADD <r,sgulai) MII;;tsg~ Olhfo.1 Olher2 01h-ar3 Other 4 uro!$ t."", " m', "'" P{oJiOtlElpfflSeS ~ 1 PtoJecIAdm.nlf;1ffi~,," \20 1~0 , Data CcllectJonand Re1,lI,;,.I' 2. l~tl-"i 0 0 20 Re\l1~,'JA\'a!(lbll,tyQfD<:llol 10 10 2, Cop, 4 4 3 111Itral "'ec-~os:I....,th OWl'-i~R ,. - A~-Mda EHld prfO- forrr.c-ej 10 10 3. - AI!en-drr.eet.ng 4 4 So - ~'Mtll'{lSUlTII'I"iAry 9 9 4 SJlil ReCOOnaJ5SailCe at P1anl " - Pr,;plemplates 42 4~ ,. Too, 35 35 120 4, - FIMII~rro!at~s a~o phclo.s 28 26 , D",t;:;II'i<f A~~Gntof Dala .. RV'l-1' gfaph&.5umlTlilflZ.edala 34 34 SO De... E.\."t ~aClrl\y Oe~- Chap!-"i 60 00 5c OpilrallOfls a",:i-e5-5ment m-<:mo 41 41 5c H~drautc:i il:s.:i-\05-5ITl~1 94 94 . Clllleaht WQ Goals Work3ho No 1 .. - ArlMida aoo proep to( m<!e~"'Il 33 33 ^. - AtlerldmeeMg .6 16 '" Me~trl '"-~ 9 9 7 D~\f AJtema~\''''!i & \-Vofj;::hop No 2 " . A1!..ma~v..s d&I{Elopm~1 40 40 7b Agilrlda and prep for me.et:nq 20 20 7, - AttMd m.a,,~oq 16 16 7d M.a!!br'gfiUffimaoy 9 9 6 Oe!<IIIBd AJts ASM!~&r1t .. - Cosls-ar.d Ie.cMleal il:s-sewnoSfll 1~0 120 60 - A1tl2fflljtLve-s oEI'/auabon ~4 24 "" - AgE!f:lda.aooPfeplc{Il'I3"'~r.g 18 1B Bd . AI:rn<:J Il'",..tng 16 16 ~ ~ .. . M Bating summary 9 9 ~ ~ . PreparoQ S\I.J.;jy RQpIXt So Final Mill1Lrrg ~ ~ ~ ., D.ev Din" Repor! <lnd But'rJ'lIl 3>1 ~)1 ~ .. Agend.; aM prep !OI' ~E-tci9 14 .4 ~ 9c Atl~KI ml3...~ng 16 16 ~ ~ "" Mael.ng:itilllrmlf)/ 7 7 ~ 'e P1;;p;l(€1 Iinal (~~M !iu~ml! 124 124 " Pre:><;ntatI0l1A:s.'>!~nce 34 34 60 ~ Totals 1359 I l359 I 200 0 I 0 I 0 0 Un" Cost $300 I $076 I $050 $1 10 I $110 I $110 $110 COST $4692 I $1,033 I $100 $0 SO $0 $0 SUBTOTAL IN-HOUSE ODe BILLABLE $ = $6;025 Outside- ODCs L BlLf.ABl.E M.allJ uLJtsjde Oulslde O1..Jts:de Ouls'dE- Dellv""ry Travel Per DIem OLhe-r 1 Other 2 Other 3 Olher4 , , "'" Proi('(:;! E)jMn~$ 1 PrOlectMffi,n.~tr<l1tOO 200 2 Oa!<l COIfectlQfl3(Xj Rel'lE-w 2. lener 2 20 R.eYl~w AvallOltloJllty ~I Data 20 Copy 15 3 In.11<l1 M~ilbngWlIh O\IVN!:R 3a Ag~ <'100 pt'~p /0( m"eLng ,. - Attend m.;etno So . Meillmg summaI)' 4 S;le Rec;ooniUS:5.'mCe tit PI.anl " . Pr,;,plem~at".:l. ,. Too, 1200 400 40 FIrlaII~~lale5 and photos 00' De~aJl-&d AS5e5Smilnl or Dala .. - Rom graph./l; summanz_e data '" Dev E;:x.51 FaClhly Desc" chapter '" Ope.allcn-s a:s-se-:s-smenl m",mo '" H tIrau~cs asse:s-sment dCO Clllicallly WQ Goal:! Wocl;3hop No 1 ~ ~ 'a A.gffida aoo pto8-p tor moil5~ng ~ ~ o. . Atl&fi.dm~elmg ~ ~ 6c . 'IilEtmg:;uElllThlry ~ ~ Od7 Dl30V A1tema~.,...s &. V'kHiIshop No 2 ~ ~ 7, . All<:ma~.,.<:s d~'iGlopm~1 ~ ~ 7b . Agilfida and pr~p lor rm:-E:~ng ~ ~ 7, AtlMdmElill1ilg ~ ~ 7d - M.eebnrlS\lmm<l.rv COO E}e\a;red AJIs ASS-e5SITtMt Ba Cons. and 1-ed1nlcal <ls.se:;sm-1lil1 6c . A1t~"ve&~\'3llJ;.3;bon & Ag~.and prl30p b- mee~ng Bd -Alt~meeon e. - Me",tIIloCl summary 009 Prepar.;l S R...p.oct & Final Me",tl ga D.av Draft R~ .md Su-bm t ~ ~ g. A .;.o.1a<ilr'ldptepkJimeeob 9c AttE'lldme-1lo 9d /o.IelOhfl =nma"l g. P,epare final I arrds.\lCm,1 150 dto Pn;~ilIlI.aOOrl kJ,,,,.Sl<lOCIl- 25 392 1 200 '00 0 0 0 0 $100 $100 $1110 $100 $100 I $100 $100 $392 $1200 5400 SO w I SO SO SUBTOTAL OUTSIDE ODe: ALLOWABLE $ = $1,99.2 MARKUP%= 10% MARKUP FEE = $199 TOTAL, OUTSIDE ODC BILLABLES = 52,191 UIII!$ lotala Unlt CQ6t COST 'u -!ri::".,!- C~ ~1~)', A..'" TOTAL OlliER OIREcr COSTS BILLABLE:;: -$8,216 B-3 fo.'UL i RMe &haJula Bllla~e In-HOuse ODes Sublo1als 5n 26 44 17 44 17 39 '" 213 122 148 288 179 410 144 70 39 174 87 70 39 5n \Os 7. 70 39 1443 61 70 31 5'1 186 S6eQ25 44 17 39 183 17"" 1 973 1n 148 268 179 410 144 70 39 174 B7 70 39 5>3 105 7S 10 39 1.443 61 70 3. 185 706 28 216 $2191 S821i3 . Billable ODe Subtolals Indude markup CXtC 'hORKSHEEf """"'" f- W W :L (jJ ~ ~ o :;: ~ o f- a ~ f- Z o a (ll ::> (jJ ..... <:1 '" N ClO ..... ~ >. "C ::: ti) ill .. c (1.1 E (1.1 > e Q. oS a. I- 3: ~ '; ill '[t (1.1 ....l (1.1 ..:.:: III ....l X I- ~ o C (1.1 Q "- o >. ;t: U (IJ I- (IJ o U I- Z i! ....l =' (IJ Z o U al =' (IJ r-.. 0 0 , , , , , , Gl 0 0[) ~ "'- ": ro Gl '" ('oJ 0 f- '" '" '" '" '" '" '" '" '" '" r-.. 0 0 Gl 0 <:> Gl 0 0[) tJ <is M <'-i 0 0 ~ ~ ~ ~ ~ ~ '" ~ ~ ~ g <f. <f. <f. "* <f. <f. <f. <f. "* <f. -'" 0 0 <:> 0 0 0 0 0 0 2 ~ ..... ~ ~ ..... ..... ..... ~ ~ ..... ::;: 8" 4} 0 c c <ll ~ 3: .Q ~ ~ Ul (1.1 Q) c:- o m II> c 0 E <ll .Q 1;) Ul '00 1:} (/) <ij <D Ul Ul <ll <;::: (/) (jj - <ll -'" c: E ro ~ 0 @ Q) 3: 3: E Q) >, 0 Cl. 0 II> Ul 5 ::; C: Q) a- 0 ::> 0 W (/) (/) I- Z => - , c c: 19 0 Ul :J c: Ul .i: c: <( 0 0 E a. :J <( <ll Z (!) (/) l- (/) <ll .0 (/) -'" J- r-.. 0 "' v '" 0 0> v 0 .n Vi <::! >!? ..... (ij '" 0 t:. U> ... I'- * en '<t 0> ::- '<t ~ .;: ... . 0 1:1 ci ~ ..... .s:; 0> '$ ... ~ 1I II ... W W W !IJ IL Z Il.. W ::::I 0. !I::: )( E:l: w '" w :i! c 1i.i J- ::::I 0 oS '" I- 0 f- '<:t J CO '" is ..... ~ Q " > " '" ! f- A. STATEMENT OF INTEREST Understanding of City Requirements In Selecting Malcolm Plrnie, the City of Denton Benefits Because Our Fresh "Source to Tap" Vision Will Deliver the Best Overall Upgrade to Cost -Effectively Improve Water Quality Malcolm Pirnle has long been aware of, and intensely preparing for, the City of Denton's (City) RFP relating to the Lake Lewisville Water Treatment Plant Upgrade. During this time we have been doing our homework in order to understand the project goals, recognize critical issues and discern the City's articulated and unarticulated needs. Our staff has conducted multiple site visits to the facility and met with City staff at all levels to develop our understanding of what is important. Based on what we found and heard, resolving the following critical challenges will be essential for success. We need to: . Develop the most appropriate treatment process that improves disinfection for current and impending regulations, addresses taste and odor, increases organics reduction, and minimizes impacts to the distribution system and customers, all in a cost-effective manner. (Refer to Section D, Technical Items 1, 2,7,9 and 10) . Design safe and reliable chlorine and ammonia facilities that meet current codes and safety standards. (Refer to Section D, Technical Item 3) . Modernize and upgrade flocculation, sedimentation, fIltration and residuals / recycle processes to improve functionality, extend service life, and reduce operation and maintenance requirements. (Refer to Technical Items 4, 6, and 11) . Resolve operation and maintenance issues related to caustic feed, hydraulic impediments, sludge drainmg by using a balance of creative :~~-~~ ,_ -~i~ ,- -~-;~;:.~' ~ ;:~1!~~~~~~~ concepts, automation, and operations. (Refer to Technical Items 5, 6, and 8) To meet these critical challenges. we have assembled an outstanding team and created an approach that meets the specific requirements of the RF'P and provides strong "value-added" benefits. By selecting our team, we can offer the City: . A Strong, Locally Committed Delivery Team That Promises to Meet the Schedule. We can contractually commit all of our key team members to this project. In addition, we offer to include liquidated damages in the engineering contract for schedule delays for which we are responsible. . A "Source to Tap" Approach That Provides the Best Total Solution. For example, to ensure we address sourCe issues, we have engaged Sam Atkinson, PhO of the University of North Texas to advise our team on Lake Lewisville issues. . A Time and Cost-Saving Strategy for Piloting and Plant Optimization. Should piloting type data be required, we have an approach that relies on prior piloting efforts of Lake Lewisville water if ozone is considered or a concurrent piloting / preliminary engineering timeline for membranes to eliminate schedule delays. We also propose optimization of the existing plant through full-scale tests. . A Proven Process Selection Approach. Our approach relies on a workshop-based process where, collectively, we would define water quality goals, establish candidate processes that can meet these goals, followed by a matrix evaluation process, using Criterium Decision Plus Software, that objectively ranks alternatives using cost and non-cost factors with assigned importance weights to each. Our approach results in defensible solutions that completely meet the City's goals. When complete, the lake lewisville Plant will completely meet the City's needs within budget. MALCOLM PIRNIE City of Denton Lake Lewisville Water Treatment Plant Upgrade , 2 . Innovative Solutions For Flocculation That Substantially Reduce Maintenance While Improving Coagulation and Hydraulics. Considering concepts such as hydraulic baffled flocculation can eliminate the need for energy and maintenance intensive f1occulators while improving coagulation performance and reducing hydrauliC restrictions. . Low Cost Solutions to SI udge Settling Proven Through Computational Fluid Dynamic Modeling. Simple modeling of the sedimentation basins ensures that we can evaluate the benefits of low capital cost solutions, such as baffling, to improve sludge settling within the first zone of the basins. This allows us to reduce the frequent need to drain and clean the basins. . A Low-Cost and Low-Maintenance Solution to Calcium Carbonate Plating USlOg a Caustic Mix Chamber. Installing a low cost injection chamber concept and introducing mixing can significantly resolve the calcium carbonate plating in the pipes and occasional turbidity spikes from caustic. . A Risk / Consequence Prioritized Approach To Assess and Rank Necessary Improvements That Meet the City's Financial Goals. We have a proven approach that methodically assesses, ranks, and orders potential improvements in a prioritized manner. The City can integrate this approach into the capital program and use it for assess 109 impacts to rates. . A Proactive Approach Toward Safeguarding Distribution System Water Quality During Construction And With New Process Changes. We can help the City to proactively manage potential disruptions to water quality caused by construction and the introduction of new process changes. This is accomplished through a well- planned startup protocol that includes contingency procedures to anticipate potential issues. . A Construction and Operations Perspective To Complement The Engineering Aspects Of The Design. Integrating construction and operations experience into the design will maximize quality, constructability, and operability of the design. Bringing tQis perspective to our team are our operations specialist Jim DeWolfe, and construction engineer Fred Johnston. . A Cost-Containment Approach That Delivers A Facility Meeting All Project Goals Within Budget. Past successes with other large water projects proves our plan enables us to proactively manage cost growth at each stage of the project to prioritize the design. This will ~Hr1i;j~J~l. . enable the City to make decisions that keep it within the overall budget. Section D contains detailed discussion on these value-added aspects of our approach, including the steps we will employ in developing the best solutions for the City. Firm Personnel's Availability ThrouQh our Dallas office, we have successfully implemented major water treatment plant planning, design and construction efforts, and we are available and eager to help the City do the same. In the previous three years, our proposed local delivery team has completed the process evaluation and design of a $31M Water Treatment Plant Expansion & Upgrade for the Trinity River Authonty, an $18M new Membrane Water Treatment Plant for the Guadalupe Blanco River Authority and a $5M Expansion and Upgrade for the City of Lewisville. Our team has experience working together and furthermore has the necessary availability to meet the schedules as further discussed in Section D - Approach. .....on the TCWSP project, the work,was very thorough and completed on timemvery responsive to the Authority's needs." Bill Smith - Trinity River Authority "...they are meticulous on the needs of each project. We have worked with Malcolm Pirnie's team of engineers on multiple projects and Issues and they are always supportive and if there is a problem. they work diligently in getting it resolved." David Harris - Chief Operator Trinity River Authority As a firm Malcolm Pirnie is committed to the Dallas area clients and our local office has added four engineers and 1 technician this year, increasing our Dallas staff to 23. We are teaming with two experienced local firms in specialty areas thus streamlining coordination and quality. Gupta & Associates will provide electrical and instrumentation assessments and subsequent designs as appropriate, while the Denton office of Teague Nail Perkins will provide Site Civil Designs and Surveying. MALCOLM PIRNIE , . -:.-,>f City of Denton ' Lake Lewisville Water Treatment Plant Upgrade I 3 I B. ORGANIZATIONAL BACKGROUND DATA AND GENERAL QUALIFICATIONS OF THE FIRMS PRIME: Process Design, Treatment Plant Design, Operations Start-up, Construction Ad mini st ration 12400 Coit Road Suite 1200 Dallas, TX 75251 (972) 934-3711 (t) (972) 934-3662 (f) Age of Firm: 110 Years (Since 1895) Type of Firm: Employee Owned S Corporation Firm History: Malcolm Pirnie traces its origins back over a century to the predecessor firms of Noyes & Hazen. Malcolm Pirnie, Sr. reorganized the firm as a partnership in 1929 and the firm's name was changed to Malcolm Pirnie in 1946. All shareholders are full-time employees who are also officers or senior managers of the firm. Currently. Malcolm Pirnie, Inc. is one of the largest consulting firms in the United States concentrating solely on environmental disciplines. Throughout its history, Malcolm Pirnie has remained exclusively an environmental consulting firm. In the early years, our primary work was in drinking water supply and water pOllution control. About 30 years ago, the firm began expanding services to include information management, solid waste, environmental analysis, toxicology, and hazardous waste. With a staff of 1,581 engineers, technicians, scientists, planners, management consultants, and support personnel, the firm is devoted exclusively to environmental engineering, specifically, water and wastewater engineering, solid and hazardous waste management and air pollution control. We have more than 50 branch and field offices throughout the United States, including offices in Dallas, Fort Worth, Austin, San Antonio and Houston. '. . c < t _>-:.-~ <.... ;;-.'~2{~~1~~. ~k::~~ . L~ _~_---='--__~~_~~C -=- .-_- _~_~~ ~-:~- Firm Size (Professionals by Discipline): Malcolm Pirnie will manage and produce the Denton Lake Lewisville Water Treatment Plant Upgrade from our Dallas office, therefore, the Dallas Office Staff members are also identified. MALCOLM PIRNIE ST AFF HEADCOUNT Firm / Dallas Office Staff 1,581 /23 Environmental Enaineer 387 /4 Civil Enqineer 174 /9 Chemical Enaineer 32/1 Mechanical Enqineer 26 Structural Enaineer 20 Water Resources Enaineer 17 Soils Enaineer 7 Foundation / Geotechnical Enaineer 6/1 Electrical Enaineer 29/1 Electronics Enaineer 25 Construction Manaaer 57 Environmental Scientist 130/3 Geoloqist 90 Hvdroloaist 34 Ecoloaist 5 Technical Analvst 65 Manaaement Consultant 29/1 Computer Proarammer 81 CADD Technician 76/2 GIS Soecialist 11 Areas of Specialty / Concentration: . Water Supply & Treatment. . Wastewater Management & Treatment. . Water Resources. . Solid Waste Management. . Hazardous Waste Management. . Environmental Services. . Utility Management Consulting. . Construction Management. ~. TEAGUE NAU AND PERKINS III ~ ENGINEERS. SURVEYORS. CONSULTANTS Subconsultant: Site Desiqn, Surveyinq 235 W. Hickory Street Suite 100 Denton, TX 76201 (940) 383-4177 (t) (940) 383-8026 (f) Age of Firm: 29 Years (Since 1976) Type of Firm: Privately-owned Corporation MALCOLM PIRNIE -;,;;~~ i City of Denton I 4 Lake Lewisvill e Water Treatment Pia nt U pg r ad e , , Firm History: TNP has been providing civil engineering, surveying, and consulting services from their Denton, Fort Worth, and Dallas offices, and has built a reputation for providing quality, responsive, timely engineering services. The firm has a full- service. in-house surveying department of 23 employees and state-of-the art surveying equipment. TNP's specialized civil site design team has provided services on hundreds of various projects throughout the D!FW metroplex. Firm Size (Professionals by Discipline): TNP STAFF HEADCOUNT 95 9 20 1 11 1 17 5 4 19 2 3 2 Areas of Specialty I Concentration: . Civil Engineering. . Surveying & Mapping. . Municipal Consulting. . Landscape Architecture. . Land Planning. . Construction Management. Subconsultant: Electrical and Instrumentation Design GAIl ~:=ciates, Ine 5430 Alpha Road SUite 200 Dallas. TX 75240 (972) 490-7661 (t) (972) 490-7l25 (f) Age of Firm: 5 Years (Since January 2000) Type of Firm: Privately-owned Corporation ;>:1Lllih~L," Firm History: GAl is an engineering consulting company committed to providing excellent service, and to using technical expertise and creativity to provide superior engineering design for the water and waste water industry. Starting with a specialization of electrical, instrumentation and control, and building mechanical in 2000, the firm has expanded services to include programming services and process mechanical design. The majoflty of experience of both the firm and individuals is serving municipal clients with designs for water treatment plants, wastewater treatment plants, pump stations and related facilities. Engineers have an average of over 25 years of experience in design and construction engineering services. Firm Size (Professionals by Discipline): GAl STAFF HEADCOUNT Firm 15 Electrical & Instrumentation 8 Enqineer Mechanical Engineer 1 CADD Technician 4 Areas of Specialty I Concentration: . Electrical . Instrumentation and Control . Building Mechanical . Programming Services . Process Mechanical Design Description of the Team: Malcolm Pirnie has formed a streamlined local delivery team to simplify communication and coordination. Teague Nail Perkins will provide site civil designs and surveying from their local Denton office and Gupta & Associates will provide the electrical and instrumentation assessments and designs from their Dallas office. KEY TEAM MEMBERS Leading the Malcolm Pirnie team as Project Manager / Principal is Robert G. McCollum, PE, DEE, who has 23 years of in-depth experience in water process evaluations, design, and construction of twenty-eight water treatment plants ranging in size from 1 to 350 mgd. Mr. McCollum has the necessary water treatment expertise and management skills to effectively organize and focus our team and will prudently deliver national expertise to support the local team. , ~ - .---' , __ --'~~ ..........h ~._............ _. MALCOLM PIRNIE .1.:......-.~__:.... =:.. City of Denton 5 Lake Lewisville Water Treatment Plant Upgrade . , The organizational chart following this section identifies the key individuals who will lead the respective evaluation and design team. As the project proceeds from the process evaluation to preliminary design, and then to final design and construction, the same team members who are familiar with the project will also remain on the design team in different roles. One key feature of our team IS the water process specia list and the nationa Ily recognized water process panel that will provide insight and evaluation of the process evaluation and preliminary design. The organizational chart shows the key individuals on the team supporting the project manager. The fOllowing is a short resume of the key phase I task leaders and quality control consultants and their role(s) on the project. More detailed project resumes for these team members are located in Appendix A. Robert (Rob) Hoffman, PE will serve as deputy project manager and lead for water treatment plant design during the preliminary and final design phases of the project. Rob has participated in numerous plant projects and has recently served as deputy manager for the $31M plant expansion for the Trinity River Authority and $18M membrane plant for GBRA. The TRA plant expansion induded major rehabilitation of process components and ozone for 87 mgd. Mike MacPhee, PhD, DEE is a leader in the water treatment industry having participated in major AWWARF research projects, regulatory forums, and in leading process designs for water facilities across the country. On this project, he will serve as technical leader for the treatment process selection, and as quality control specialist for process related issues during final design. Jim DeWolfe, PE, Certified Water Operator and operations specialist, will be the leader for operational reviews during design and for plant start-up. Being a licensed operator Mr. DeWolfe innately understands plant operational issues and can ensure that the process and technical designs can be effectively operated as intended. Gary Rabalais, PE, will serve as the lead quality control person for the project. Mr. Rabalais has water treatment experience for over a dozen plants tota ling 835 mgd in capacity. These include various advanced technologies like ozone, UV and membranes. He will provide and coordinate project reviews during each phase of the project. Michael McGuire, PE, PhD, DEE is a nationally recognized leader in the field of drinking water treatment. Until recently he was president and founder of McGuire Environmental Consultants, Inc., now a part of Malcolm Pirnie, Inc., where he is a vice president. His career includes research in water treatment, service at the Metropolitan Water District of Southern California where he served as Director of Water Quality and assistant general manager, and consulting services to water utilities and industries, particularly in the areas of Safe Drinking Water Act Compliance and water treatment optimization. Dr. McGuire is a widely published author, has edited several works on activated carbon treatment and taste and odor control, and has presented numerous seminars at major research centers in the U.S., Europe, and Japan. He will serve as Quality Control consultant for the process selection. V.K. Gupta, PE of Gupta & Associates will lead the electrical and instrumentation assessments and design during all three phases of the project. V.K. has operated his own engineering firm for the past five years specializing in electrical engineering and instrumentation. Gary Vickery, PE of Teague Nail Perkins will lead the civil and survey aspects of the project. Other Technical Specialists and Expertise. We will staff the remainder of the project using our Dallas production staff. In addition, our team has at its disposal a panel of industry experts in UV, ozone, GAC, and other advanced water issues as discussed in Section E - Quality Control. Member Total Y rs With Experience Firm Robert McCollum - Proiect Manaaer 23 8 Robert Hoffman - Deputy Project Manaaer 8 8 Mike MacPhee - Water Process Leader 14 3* Mike McGUire - Water Process Qualitv Control 37 13* Sunil Kommineni - Water Process 15 7 Gary Rabalais - Facilities Quality Control 23 2 Jim DeWolfe - Operations Specialist 17 3* Chamindra Dassanayake - Chemical Svstems 9 4 Peter Kim - Hydraulics / Mechanical 17 3 Andy Pietrzak - Geotechnical 30 1 Jennifer Ivev - Securitv 8 3 Steve Zeid - Architectural 29 29 Frank Barchok - Structural 33 19 V.K. Guota - Electrical and Instrumentation (GAl) 27 5 * Malcolm Pirnie acqUired McGuire Environmental Consultants 10 2005 k~m~~;~~ MALCOLM PIRNIE City of Denton ! 6 Lake Lewisville Water Treatment Plant Upgrade . , TEAM ORGANIZATION ~ Phase I Prellrn"",ry Deogn Dep..iy PrOject ~ - ~keMacl'hee, PtD I Q..aIrtyCoolrol Process- ~kelvlcG.Jlre, PtD, PE* [\M'(er Pr~ oc P<OO OuaIrtyCOnlrol Daslgn-Gay ROCaas,PE. See &<::!Jon Treatmenl Process DesIgn OVII Daslgn 8ed.ncal I> InstrulTfftatlon Mke MacI'hee, PtD Pm Ho'frral, PE. Daslgn VK GJpla, PE* f'\3.v\M'(er EvalU<l~on HydaullGS I MechincaI (GOJ) Sffn I\ll<inson Daslgn (Umver5lty rJ North Texas) PEter KJrn, PE Instrumenla~on Daslgn Trny MbrOh, PE. Oflnbullon 8{stan SleOvl1 CEsgn (GOJ) Evaluallon Goy VICkery, PE* Slnl Kcrrmnen, PE, PtD (TI'F) CWa~ons E\ialU<l~on Stes.neY'11Q Phase II Rn;J Desg1 Jim CElIIWe, PE Sleven f<:lbersm, RPlS (IW) cremGi Feed Deslg1 a.rnrrta !:\as.sa1ayake, ES:imatIOc1S PE, PtD Pm Ho'frr<<1, PE * Rant 0.,1 Desgn Pm Ho'flTH\ PE* Cbnstruc!ablhly f PIlasory Cffltechnical Ffed Joonston (APM) ~ Pielr2ak. PE * H,'drauIIGS I Mechanical Paer Kim. PE ArchlledUr31 SIeve Ze!d Archltedural SleveZeKI DEpJty PrOjecl ~ - Pm Ho'frrH\ PE. ORlty OrIrol Desgn-QryROOaas, PE. ORlty OrIrol Process- Mike MacI'hee, PhD Cl'ffooons Jim 0eM:iIIe, PE Beclncal&Desg1 V K GJpla. PE* (G\I) Ran OxlrdIr\atIOO I OYlsIri-dablhty Fred Johnstm Insl:rurrenl~JOn Ce.itgn Trny MbrOh, PE. (G\I) CI1ernalI Feed O1anrd"a ~ A-D, PE SteOvl1 CffyVickery, PE. (TN") Estimating Jerry Oarl<, PE(TNP). Slruclural Frai< 6actd<, PE* Soo.J" I I Y Jenr<fef lvey, PE* " Licensed in Texas I Phaselll OYlsIn.octlon DEpJty PrOlect Ma<ger - RcOl-tifrrH\ PE. I Duabty Conlrol Process-MkeMocPhee. PhD Duallry Control OVII -Gay R<tlaas. PE. I CEsgn T ea-n Dtso""nes Process...-.::l PI,... Si'rtup Boctncal & Desgn I Jim [)eIMjfe, PE V K GJpla, PE* (GAl) Cislnbullon S/slanSlarl.up Slnl Kcrrmnen, PEO. PtD &tJcoosUtant ~alisls (Ie Process Apphca~ons. Inc.) -~- ",->-'...~- -__~_.=-.....i;.._ MALCOLM PIRNIE , City of Denton : Lake Lewisville Water Treatment Plant Upgrade ' 7 c. RELEVANT EXPERIENCE AND CAPABILITIES Completing the Project on Time and Within Budget Our Implementation Strategy and Cost Containment Approach Ensures Completion of the Project on Time and Budget Malcolm Pirnie has a 110-year history of completing water treatment plant projects on time and within the engineering and construction budgets. Over that period, we have developed efficient processes, experience and reputation to deliver projects. For example: . In Section D, under "Project Schedule and Deliverables" on page 11, we have committed to completing the preliminary design report by May 2006 as evidenced by our proposal to include liquidated damages if our actions delay the schedule. For the Fort Worth Process Assessment and Trinity River Authority Water Plant Improvements projects, which involved piloting and detailed assessments, we delivered those projects on time. . In Section D, under "Technical Approach" on page 23 we describe a detailed cost-containment approach that will deliver the Lake Lewisville Water Treatment Plant Upgrade on budget. That section contains several examples of our recent history of successfully completing projects within budget. Disinfection Evaluation strategies & Regulatory Constraints present and evaluate alternative technologies. We propose multiple workshops with Denton management, engineering and operations staff along with key members of the project team. The first workshop would define the water quality objectives, present all the water process technologies, and compare their benefits to meeting current and future regulations. The second workshop would consider the cost, operations, maintenance, construction schedule, water quality, process reliability and flexibility of the technologies to meet the City of Denton's goals. We have successfully used this identical approach on all of the listed projects (TRA, Lewisville, GBRA, etc.). The approach steps and decision software we use is described in detail on page 12 of Section D. How Rehab Project Issues are Evaluated & Prioritized Our Conditions Assessment and Risk Consequence Approach Identifies then prioritizes the Right Upgrades to Ensure Reliability of the Treatment Process A plant rehabilitation and upgrade project must recognize the previous capital investments and value of the existing facilities. Our first objective would be to select the right process meeting the City's water quality objectives then assess the impact it would impose on the existing infrastructure to achieve its integration. After we collectively identify the required upgrades, we would categorize them as to the need and benefit. Over the Last 5 Years, Our Malcolm Pirnie Dallas Office has Completed Regulatory Assessments, Process Selections, and Designs for Water Plants Totaling over 0.6 billion gallons per day Capacity. Malcolm Pirnie is at the leading edge of disinfection technologies and the regulatory environment. This is proven by the fact we have been involved in dozens of AWWARF studies and the preparation of USEPA technology documents. For example, Malcolm Pirnie prepared the USEPA Technology and Cost documents for the stage 2 D/DBP and L T-2 Rules and Guidance Documents for the initial distribution system evaluation (IDSD, membranes and UV disinfection. Our water process team members work closely with USEPA and TCEQ to understand and shape future regulations. Mike MacPhee has performed many water process evaluations throughout the nation and has developed effective communication skills to ~-- - -: - ::,~~~ ~-..- -:.. ~'... ; ;,.. ~_~>- ir"':,. :: ~---::" ~~_~~~~iikt1tfL~~~ft;>~; Under Section D, "Technical Approach Technical Issue #11", we present a step-by-step fisk I consequence approach that methodically identifies and prioritizes all upgrades based on their critical nature to the process. With this, we can accurately identify the higher priority needs that must be included to achieve a reliable treatment process. We then follow these with a prioritized listing of other non-critical upgrades we could slate for future projects as part of the City's capital improvements program. Capability of Local Office Section B details the size and professional staff disciplines of Malcolm Pirnie's local and national staff, and the local staff of our subconsultant team. The proposed evaluation and design team is local, with the exception of our national experts, Mr. MALCOLM PIRNIE City of Denton Lake Lewisville Water Treatment Plant Upgrade : 8 I MacPhee and Mr, DeWolfe and the technology panel. The local design team has successfully completed the evaluation and upgrade designs of various water facilities as described later, Relevant Project Experience The appendix includes detailed descriptions of the following projects that demonstrate our teams experience and capabilities to complete the Denton Lake Lewisville Water Treatment Plant Upgrades. We have selected these projects because they very closely match the scope for the Lake Lewisville plant. Trinity RIver Authority Tarrant Countv WSP Water Treatment Plant Fort Worth, Texas Date Completed Design 2003 Construcfion 80% Project DeSCription PIloting, process studies I regulatory assessment, WTP expansIon from 72 to 87 MGD - new ozone Client Contact Mr Bill Decker Phone 817493-5177 Project Team Members McCollum, Hoffman, DeWolfe, Dassanayake, Kim, Chowdhury, Zeld, Barchok, Rakness - -. .. -:=.. ~ <~"- - City of Lewlsville CR Feaster Water Treatment Plant Lewlsville, Texas Date Completed 2004 Project DeSCription Bench studies, process studIes J regulatory assessment, WTP expansion from 15 to 18 MGD - conventional Client Contact Ms Carole Bassinger Phone. 972-219-3531 Project Team Members McCollum, Hoffman, Chowdhury, Barchok Gu If Coast Water Authonty Water Treatment Plant EXllansion Texas City, Texas Date Completed 2004 Project Description Process studies, expansIon of plant from 25 mgd to 50 mgd Client Contact Mr Robert Is!re Phone (409) 935-2438 x17 Project Team Members McCollum, Hoffman, Barcllok, Chowdhury .':~i~l~~S While Malcolm Pirnie has not worked for the City of Denton, we have met with many of the Denton staff to understand the organization, people and project issues. We believe our fresh perspective, coupled with the best local delivery team and national experts will deliver Denton a project that meets all its needs, To greater understand our capabilities and approach to clients and projects; we encourage Denton to contact the following references, Fort Worth Water Department Process Studies at RolIJna Hills and Hollv WTPs Fort Worth, TX Date Completed 1998 Project Description Detailed process! regulatory assessment, piloting, and regUlatory compliance. Client Contact Mr Frank Crumb Phone. 817-392-8243 Project Team Members McCOllum, Hoffman, Chowdhury, Summers San Diego County Water Authority TWin Oaks Vallev Water Treatment Plant San Diego, Callforn ia Date Completed On-going Client Contact Mr Timothy Suydam Phone 858-522-6870 Project Team Members Kommlneni, Chowdhury, Bryck Guadalupe-Blanco River Authority, TX Western Canvon Water Treatment Planl Seguin, Texas Date Completed Design ~ 2003 Construction - 95% Project Oescripllon New 10 MGD membrane WTP Client Contact Mr Gary Asbury Phone 830-379-5822 Project Team Members McCollum, Hoffman, Chowdhury, Kim, Bryck . ~, -- ..... -=tI< .l- ti~ City of Scottsdale CAP Water Treatment Plant EXllanslon Scottsdale, Arizona Date Completed On-golng Project Description Conducting pilot studies, evaluating altematives, and developing conceptual deSigns for expansion Client Contact Mr William Peifer Phone 480-312-7869 Project Team Members MacPhee, Kommlneni, Chowdhury, Masseh, Bryck MALCOLM PIRNIE City of Denton . Lake Lewisville Water Treatment Plant Upgrade , 9 , D.ApPROACH Team Orqanization and Communication Approach Clear Lines of Responsibility and Delineation of Communication Channels Ensures the City's Needs are Understood and Incorporated by the Team For a project to be successful, Malcolm Pirnie knows the critical importance of effective communication (both external and internal) and its impacts on project efficiency and quality. We accomplish this by clearly defining roles and responsibilities of key team members and the proper communICation protocols (verbal and written). These features are inherent in our team structure, which is as follows: communication is focused, timely and effective. We do this using: . Weekly (or more often as needed), communications between Malcolm Pirnie and City Project Manager to discuss progress and issues; · Weekly team coordination meetings with a discussion of issues and update of the action list to ensure all items are being appropriately addressed; · Submission of a monthly activity report to the City communicating the team's activities during the preceding month, and including a preview of activities for the upcoming month. We will dedicate a special section of the report to documenting major decisions and decisions that we need from Denton to keep the project on course. . Bi-weekly updates of the schedule, budget. and action lists that is distributed to the team. . In-depth involvement in a rigorous quality program and stop sessions (discussed in more detail in Section E) that ensures the documents are high quality, coordinated, and that the right solutions are employed. SectIOn B illustrates In detail the organizational structure of the project with Identified technical 1'............8 : ......;! . Our team has a primary contact with the City, through an experienced project manager (Robert McCollum) leading the "fight" delivery team to ensure the project meets the City's budget, schedule and deliverable requirements; . A client service manager (Randy Mclntyre) who is independent of the delivery team and serves as an advocate to the City, to assure the City that it's expectations are heard by the team and seriously considered in developing the best total solutlOn(s); and II With a sub-team of highly experienced technical specialists and quality assurance consultants that are experts in their field, and that start "Day One" to ensure our team considers the proper array of leading edge solutions with demonstrated performance history. II With specialized subconsultants that deliver value to the project in their area of expertise. We select firms With whom we have a long and successful track-record and where their work products can be clearly delineated. The graphic on this page depicts the overall communication chain that our team will follow. With our approach, our Project Manager can maximize team effectiveness and ensure the City's expectations are met. Our project manager and team have at their disposal effective tools and processes to ensure our , , __ _~. '~<L_'::'~~_: ~~ ~ ':':~:~1~~-~titL~i]]~J ~ ~ ~ ~ . ......,.-..-.....-...... .....-1Ill.... ~ :IiI'IrIt..,tNIn~IJIAI~ . --"'<;11:-- .Jt_~_.. C""_____-,_ , -....hII_____1o !hi'" .....Ita...._ ~ On:f.............w:IIt- . ~..4q~__d .=:"......., :- ~:=!=:.'::'.:""~~I~ ..t . ---~~- - ~_._-- J- .- --- __ --1.:&.----- MALCOLM PIRNIE City of Denton ' 10 Lake Lewisville Water Treatment Plant UPCJrade I , roles and responsibilities. The following chart further defines the day-to-day communication and implementation responsibIlities of each key member. Percentage Commitment of Key Team Members Malcolm Plrnie promises to deliver the team we propose; consequently, we are prepared to bind their involvement in the project through contract terms. The following chart depicts members's approximate average level of Involvement in the project over each phase including their availability to commit to this project. NO 11 -+---.j. -- + I Col'l8ltuCtlon I -+- ,'" ~ + _..t ~ 1. Ii 10I " 1. 16 JoJ +-- -.. it ..- -'1'------- . .- J ]l I 1 I i i f I J I ! i 'i oj Ih~V ! i '" "' "' '" .. Ii a! IS .. .: .: Q Ii Our team has the availability to commit to Denton Except for our key national water quality experts, we will execute the project using Dallas staff. Advisability of Pilot Work and Schedule Impacts Capitalizing on Previous Pilot and F'ull-Scale Data Denton Can Save Time and Money while Yielding the Best Information The piloting of candidate treatment schemes and hydraulic loading rates to simulate full-scale performance can achieve multiple benefits. These include: 1. Evaluating candidate process(es) for effectiveness in meeting customer and regulatory driven water quality objectives; 2. Reduced capital costs since it obtains performance data for a selected process to enable "right sizing" of facility components; 3. Optimization of existing and new treatment unit performance to aid in increasing water quality at optimal operating cost; and 4. A demonstration of reliable and credible results needed to receive regulatory approval of the process of choice (I.e. membranes). In a conventional approach, obtaining these benefits comes at the expense of longer project duration (upwards of a year) and increased up front costs to build and operate a pilot facility. Even with these impacts, it is Malcolm Pirnie's experience that piloting is beneficial and pays for itself through the "right sizing" aspect alone because an optimally sized facility can substantially offset piloting costs. In the case of ozone and filtration rates, we can achieve many of these same benefits without spending the additional money or time for piloting. Malcolm Pirnie proposes an approach that will capitalize on previous work by other users of Lake Lewisville water or possibly the Ray Roberts plant. For example, Dallas Water Utilities (largest user of Lake Lewisville water), conducted pilot studies for their Elm Fork plant to assess coagulation processes, and the use of ozone and various high rate filtration options. Malcolm Pirnie successfully used this identical data on behalf of the City of Lewisville at their C.R. Feaster plant to achieve approval from TCEQ for increased filter loading rates. This saved Lewisville considerable time and money and resulted in a very cost-effective expansion without the need to add more basins and filters. Using data from plants operating on Lake Lewisville water can save piloting cost while yielding needed data. Now that the Elm Fork plant and Upper Trinity plants have had ozone in operation for several years, we can obtain, with their permission, available historical operating data to optimize sizing of ozone (if selected) at Denton. A second possibility is to conduct full-scale performance testing in partnerShip :~~1i~r;/.... City of Denton 11 Lake Lewisville Water Treatment Plant Upgrade '. . with Dallas to obtain the additional pertinent information including taste and odor reduction, bromate and disinfection by-products formation, turbidity reduction, impact on filtration, etc. We can conduct this parallel with a design and not affect the overall schedule. If membranes become the technology of choice, we can perform pilot testing simultaneously with preliminary design. The pilot testing would (1) confirm the design criteria (flux, clean-in-place interval), and (2) short-list membrane suppliers that meet the performance requirements. Concurrent pilot testing with preliminary design would keep the project on schedule. It is our experience that some membrane suppliers would donate their pilot systems for testing, thus we could save some money. Project Schedule and Deliverables To demonstrate Malcolm Pirnle's commitment to Denton, we propose to Include liquidated damages In the engineering agreement for schedule delays for which we are responsible. The RFP stipulates completion of the preliminary design report by mid-May 2006, assuming an award in late January, 2006. This schedule is reasonable and our team can accomplish the tasks within this timeline. In particular, with our approach of relying on earlier Lake Lewisville pilot and full-scale plant data for ozone or concurrent design with membranes, we are very confident our team can develop the best solution for Denton by mid-May 2006 without the need to extend the schedule for piloting. The attached graphic (11 x 17 foldout) depicts the project schedule by phase with the associated milestones, meetings with numerous input points by the City, and deliverables. Overall Project Implementation Approach A Source to Tap Vision Results in the Best Overall Upgrade that will Cost~Effectlvely Improve Water Quality OB.JECTIVES AND CRITICAL SUCCESS FACTORS FOR THE PRELIMINARY DESIGN From our understanding of the work through multiple site visits and meetings with Denton staff, we believe the overall pertinent considerations and challenges that will determine the technical success of this project include the following: ,~ ~ ~ - --f~->-~~-_;-= P -~ -" :. ~;- Mi&~ }~~4?~~~:~t!}f__. __<__~. -----, - -__ ~_-" __ __:::.....O~ II Integration of source related aspects into the process selection. We have included Sam Atkinson, PhD of the University of North Texas to bring that balance. · Selection of reliable and cost-effective upgrades/ process modifications that improve operational effiCiency and meet current water quality Objectives with flexibility to respond to future changes. · An approach that enables maximum utilization of existing infrastructure and consideration of cost saving concepts to contain capital and operations and maintenance costs. · Integration of operations perspective to assure we implement new processes during construction in a well-planned manner, thus avoiding service disruptions and water quality excursions to the customers. As the project team and the City collaborate and determine the best overall solution for the Lake Lewisville plant, it is important to keep an overall system vision at the forefront to ensure a completely successful project. With this approach. Denton can be assured the right improvements will be selected that effectively treat the water to the regUlatory and customers standards at optimal cost. This includes how we would manage water quality and quantity changes even during construction and after the facility start up. Malcolm Pirnie has also established a methodology for selecting the best overall process design. The major steps of this process are shown in the flowchart on the following page. The benefits of our approach are: . Our collaborative workshop approach ensures that we clearly delineate the City's needs and place them at the forefront of each alternative we review. · By using our panel of industry recognized experts (Section E) in ozone, membranes, UV, disinfection and coagulation. we provide a thorough conSideration of relevant technologies to solve the real issues. . Our approach forges a prioritized implementation plan that matches the City funding limitations and addresses immediate water quality and facility concerns (Technical Issue 11). ~"] MALCOLM PIRNIE City of De nton Lake Lewisville Water Treatment Plant Upqrade 13 f- -....maDdrT'........)/ --- Our water quality based approach and proven course for process selection delivers the most favorable and defensible solution. III Our balanced matrix approach using Criterium Decision Plus Software effectively weights economic and non-economic factors for the best total solution. _.. ~~~J: . . .. -It.:, . - ... >...~~.... - - .- -.... ' -:: '!R -. . ~~~~ Pt~... - ........ ".."lJ _.;.~: -\ ~ -- --~ '. -~. 'J - " ~ 'I. _...~ I _,.... ...,....... - ~--~ 'I ... - . . --- 'F->=.c.~~~r r: I.I-~ ~~::.1Utk ~--=:; ~ 1~.......~lIlqo. i' _ ~ w~_ " --_ r ~..._Mt-. ..-~ i 1f'~"".r. Ii--_- I , f: t;:- :~;;;~=n~:~ ~_! I ' , I : r ,- .::;II ~-.... r 0- I ! Our eVa luation process provides a properly - ~. J balanced assessment of -- .................. candidate treatment ----~-"""'-'"---~-"'<~~-~~-- alternatives We have successfully used this identical approach on projects for the Trinity River Authority, Guadalupe Blanco River Authority, City of Fort Worth. and Bonham. . ",' _: :~~__-,]~,~ ._J~-~"'; ~ 'y.;Mt~~:D~!~~i.~~-~;~~. Technical Approach We have formatted the following section according to the technical issues identified in the RFP. For purposes of discussion, we have arranged the topics to address two main areas - process evaluations and rehabilitation / upgrades. To present how our team will address each technical issue, we offer preliminary, thought-provoking concepts for consideration that lead to the previously stated critical success factors. In addition, based on what we have learned from our multiple site visits and meetings with City staff, we offer discussion on other aspects of the project where our team can provide value-added solutions. PROCESS EVALUATIONS Technical Issues #1, 2, 7, 9 and 10 - Disinfection, Taste and Odor, Enhanced Coagulation, Regulations / Water Quality With respect to process design, our team will consider all key factors influencing process selection identified from this RFP and from our workshop sessions. Below we offer a snapshot of potential concepts that could meet many of the water quality issues and goal already discussed with the City. Background The City operates two Water Treatment Plants: the Lake Lewisville (LLWTP) and Lake Ray Roberts RRWTP. The LLWTP is a conventional treatment plant with a nominal capacity of 30 mgd. The initial phase of LLWTP was completed in 1957. The RRWTP is an intermediate ozonation plant, which the City started in 2003. The challenges faced with the treatment process are: · Maintaining consistent 35% reduction of Toe for satisfying regulations; . Potential additional requirements for complying with Cryptosporidium inactivation; . Proactive taste and odor control similar to RRWTP. . Reducing DBP's to position for compliance with Stage 2 D/DBP Rule; · Compatibility of waters between the RRWTP and LLWTP within the distribution system; · Some of the process units could use upgrading to optimize their performance (i.e. better mixing of coagulants, enhanced settling in the basins to simplify sludge management and maintenance, filter to waste for filters, etc). ==..:;;.1.. MALCOLM PIRNIE , j City of Denton ;. Lake Lewisville Water Treatment Plant Upgrade ; 14 I I Regulatory Update We expect that EPA will finalize the Stage 2 Disinfectants and Disinfection By-Products (D/DBP) and Long Term-2 (L T-2) Rules by January 2006. The Stage 2 D/DBP Rule requires compliance at each monitoring site in the distribution system on a locational running annual average (LRAA) basis as opposed to the overall system running annual average (RAA). The Stage 2 D/DBP Rule will be implemented in two phases. Water systems will have 3 years (2008/2009) to comply with Phase I of the Rule and 6 years (2011/2012) to comply with Phase II of the Rule. According to Phase I of the Stage 2 D/DBP Rule, the maximum contaminant levels (MCl) for total trihalomethanes (TTHM) and haloacetic acids (HAAS) will be 120 micrograms per liter (I-Ig/U and 100 I-Ig/L, respectively. In Phase II, the MCLs for TTHM and HAAS would reduce to 80 IJg/L and 60 I-Ig!L, respectively. From data we have reviewed, the historical distribution system TTHM and HAAS were as high as 160 IJg/L and 45 I-Ig/L, respectively, thus current TH M levels would be problematic. The L T-2 Rule requires source water monitoring of Cryptosporidium. We anticipate that the LLWTP raw water would classify under Bin 1 for L T2ESWTR and therefore may not require any chemical inactivation of Cryptosporidium, beyond filtration. If future monitoring shows the raw water Cryptosporidium concentrations were increasing beyond 0.075 oocysts/L then the water would be classified in higher bin than Bin 1. The higher bin classification will require greater inactivation or removal of Cryptosporidium. Malcolm Pirnie prepared the EPA Technoloqy and Cost documents for the Staqe 2 D/DBP and L T-2 Rules. Malcolm Pirnie also prepared the Guidance Documents for the InItial distribution system evaluation (lOSE), membrane filtration and UV disinfection. This first hand involvement provides our team the unparalleled understanding of the upcoming rule requirements and implementation issues. The Malcolm Pirnie team will consider the upcoming regulations including Stage 2 D/DBP and LT-2 Rules in evaluating the process enhancements We Would Craft Candidate Alternatives to Meet the City's Water Quality Goals Using our implementation approach, previously described, we would first identify water quality goals followed by an identification of all potential candidate alternatives. At this point, we would use a screening process to assess final candidate alternatives. Described below are initial concepts our team has developed to target the water quality issues of concern to Denton. These are illustrative and it would be important that we obtain the City's input under the actual project beforehand to ensure we provide options that completely meet its needs. Alternative 1: Conventional Treatment with UV In candidate alternative 1, we would enhance coagulation process performance in terms of coagulant and acid addition. Optimizing enhanced coagulation would reduce the (1) O&M costs for chemical addition (2) impact of chemicals on the concrete and internals and (3) possibly reduce solids production through evaluation of different coagulants. Optimizing the enhanced coagulation process can involve improving mixing conditions with new mechanical mixing combined with changes to coagulant/acid dosages. Malcolm Pirnie team members have helped several utilities (TRA, GBRA, Canyon Lake WSC, the Cities of Lewisville. Glendale, Phoenix, and Scottsdale) with optimizing their enhanced coagulation practices for total organic carbon (TOC) and turbidity removal. We would consider the lessons learned from these utilities to help the LLWTP staff improve the performance of coagulation/flocculation process. ," .-_::~~:'rl2f:;_~~ , City of Denton : 15 Lake Lewisville Water Treatment Plant Upgrade The plant would continue to add chlorine to the settled water flumes and provide future UV disinfection as an additional barrier to the microbial pathogens. The current taste and odor removal approach would continue using PAC addition. No pilot testing would be necessary for implementing this alternative. We present hydraulic considerations in Technical Issue 5. Benefits of this Alternative . No piloting required. . More budgeted funds would be available to use for overall upgrades rather than process additions. . Improved effectiveness of enhanced coagulation with new mixing and chemical optimization. . Install UV now or in the future to address Cryptosporidium, should City fall in a higher bin classification in rules. Alternative 2: Ozone/Biofiltration In candidate alternative 2, the plant would mject a small ozone (0.5 mg/L) dose to the raw water using sidestream ozonation (to a recycle stream) then provide intermediate ozonation in new contact chambers to the settled water. To foster biological active filtration we would consider replacing the anthracite / sand media with the deep-bed GAC media. The point of chlorine injection would move downstream of GAC to enable biological filtration. It would be important to assess viability of chlorine free backwash so biOlogical activity is not impacted from washing. ~O~EC~ By using GAC filter media, PAC addition for T&O control could be minimized or discontinued. With intermediate ozone, ozone could serve as the primary disinfectant then we would convert chlorine and ammonia for residual maintenance purposes. Consideration for hydrogen peroxide addition would provide added flexibility to quench ozone before the filters or provide the added benefit of considerably Increasing T&O reduction. The Malcolm Pirnie team would evaluate the existing disinfection practices and identify the most optimal locations to add chlorine and ammonia for the rehabilitated LL WTP. The evaluation will , 'i~i"&~'(k~IJ:>,- recommend a disinfection strategy that is most appropriate for the upgraded plant. Implementing GAC would likely require replacing the underdrains, modifying troughs height, including provisions for air scouring and filter-to-waste cycles, and adding piping/valving to convey GAC in and out of the filters. The pipingl valving for GAC conveyance can be located outside the filter building; so the GAC trucks could locate along side of the building and connect to the media conveyance system. With respect to GAC. bench-scale testing of GAC would assist with identifying the benefits of adsorption, but would not prOVIde information on biological filtration. However, Malcolm Plfnie team members have information on ozone/biofiltration from more than 10 WTPs that would be available to design the retrofit for GAC in the existing filter boxes. Alternative 2: Ozone/BioflltratJon Benefits of this Alternative . No piloting required using the approach we discussed earlier in this section. . Applying low doses of ozone to the raw water using the side stream approach would reduce the capital cost for contactors. Raw water ozonation would assist in enhancing floc formation and TOC removal by enhanced coagulation. . Improved effectiveness of enhanced coagulation with new mixing and chemical optimization. . Ozone addition coupled with GAC filters provides strong barrier for taste and odor and to man- introduced and emerging contaminants (endocrine disruptors, pharmaceutically active compounds, etc.). --'-,;. MALCOLM PIRNIE City of Denton i 16 Lake LewisvilJe Water Treatment Plant Upgrade , I !il Biological GAC would improve DBP precursor removal. . The water produced under this alternative would be somewhat similar to the water produced by RRWTP; which will reduce the distribution systems impacts from the addition of a new process at LLWTP. Alternative 3: Post Filter GAC with UV In concept alternative 3, we would add post-filter GAC to remove T&O-causing compounds and DBP precursors. The City could construct the post-filter GAC in phases over several years to match budget constraints. Treating a portion of the water through the GAC contactors and mixing with the remaining waters would still provide additional benefit in terms of T&O control and DBP precursor removal. Provisions would be included for UV addition in the future for Cryptosporidium disinfection if needed. The team would evaluate the physical location of the GAC post-filter contactors at the site with respect to hydraulics and intermediate pumping. Some of the issues that were discussed earlier for other alternatives (e.g., moving point of chlorination) would be applicable for this concept. Pilot testing is not required for the post-filter GAC. Bench-scale testing using rapid small-scale column tests (RSSCT) would provide the necessary information for design. Malcolm Pirnie has relationships with universities that could perform RSSCTs, if this alternative is chosen for implementation. Benefits of this Alternative II No piloting required with this concept. II Improved effectiveness of enhanced coagulation with new mixing and chemical optimization. II The post-filter GAC would improve T&O, DBP precursor removal, and serve as an additional barrier to emerging and man-introduced contaminants. II Install UV now or in the future to address Cryptosporidium, should City go to higher bin classification in rules. Alternative 4: Membrane Filtration Membrane filtration is becoming a widely accepted choice for filtration. A number of new and existing plants are presently considering low-pressure microfiltration (MF) or ultrafiltration (UF) membranes. For LLWTP, submerged membrane filtration could be a viable alternative for consideration. The Submerged membranes could be retrofitted into the existing filter boxes or in the aft section of the sedimentation basins. The membrane retrofit could be staged in phases. In the recent past, the cost for membrane filtration has fallen and is becoming a cost competitive alternative to conventional processes. Membrane filtration provides an absolute barrier to particulates (turbidity) and microbial contaminants (Cryptosporidium, Giardia, viruses). Adding PAC and coagulant in concert with membranes would remove appreciable T&O causing compounds and DBP precursors. Membrane filtration has a compact footprint and provides an opportunity to expand the plant in the future, if necessary, by adding more units and making hydraulics Improvements. Malcolm Pirnie's team has assisted several utilities across the country with procuring membranes. Malcolm Pirnie would perform a rigorous evaluation of hydraulics and life-CYCle costs for membranes and compare it with the other alternatives. Alternative 4: Membrane Filtration j~~ft~~ ~~~j"~l,- City of De nton I Lake Lewisville Water Treatment Plant Upgrade : 17 ! Benefits of this Alternative · Concurrent piloting during the predesign - no schedule impact. · Improved effectiveness of enhanced coagulatIon with new mixing and chemical optimization; · Submerged membranes would facilitate the opportunity to expand the plant in the future; · Using PAC and coagulant, the City would achieve good taste and odor control; · Membranes provide a positive barrier for pathogens and credit toward Cryptosporidium removal. Alternative 5: Membrane Filtration with Post-Membrane GAC This concept alternative would be similar to Alternative 4 but would include additional treatment using post-membrane GAC. The submerged membranes would be located within the aft section of the sedimentation basins. The post-filter GAC could be located within the existing filter boxes with appropriate modifications. The membrane-filtered water would only need to pass through the post-filter GAC during periOdS of T&O epiSOdes and high DBPs excursions. Thus, post- filter GAC could be phased-in later. · Submerged membranes would facilitate the opportunity to expand the plant In the future. · The post-filter GAC would improve T&O, DBP precursor removal and serve as an additional barrier to emerging and man-introduced contammants. · Membranes provide a positive barrier for pathogens and credit toward Cryptosporidium removal. Wl1ll each of these candidate akernatlvas, they would address each water qua!J!y Issue dlfferendy, thus we \'jl/J conSider 1IIe vanablllly \'jlthin the evaluabon process Alternatives T&O DBP Microbial Distribution Emerging (When Removal Control Control System Contaminants Implemented Water Barrier Fully) Quality All 1 - ConvenbonaJ t t t Treatment wfUV ~ ~ All 2 - O~one I t t t t t Blofiltrabon Alt 3 - Posl Filter t t t t GAC wAN ~ Aft 4 - Membrane t t Filtration ~ ~ ~ All 5 - Membrane t t t t Filtration w/GAC ~ t Improved Alternative 5. Membrane filtration w/GAC Benefits of this Alternative II Concurrent piloting during the predesign - no schedule impact. · Improved effectiveness of enhanced coagulation with new mixing and chemical optimization. ,. '-,,;--,.' ~-~~:::~ -. ,: '" ~ ~: - -:.- .'". ~.:: ~ ',:Jt ~ - ~ -="- ":.. . - - - ~ ~-=-- "----""'~-=---~-"--- ~ No Change REHABiliTATION / UPGRADES Technical Issue #3 - Improve Chlorine and Ammonia Systems for Safety/Capacity Background Originally constructed in the 1950's (chlorine) and subsequently modified, the chlorine and ammonia systems need considerable upgrades to comply with today's standards for safety and security. For example, the ammonia feeders are located inside the same building and adjoining room as the chlorine feed equipment and containers; any potential leaks from the chlorine ton containers cannot be contained and scrubbed; and the ammonia bulk tank is exposed to view and unprotected. Additionally, much of the equipment is aged and needs upgrades and/or replacements to reduce maintenance, meet capacity requirements, and optimize performance. With potential changes to the disinfection process with ozone, membranes, or UV for example, we expect that chlorine and ammonIa use can decrease MALCOLM PIRNIE I City of De nton i Lake LewisviJle Water Treatment Plant Upgrade i 18 by between 25 and 50%, thus serving as a secondary residual disinfectant only. Therefore, there may be opportunity to right-size the equipment at the same time as the overall move toward a safer and secure faCility. Approach In the aftermath of vulnerability and security assessments, a trend toward improving not only safety, but also security of gaseous chemical systems is occurring because of the potential widespread impact of catastrophic releases to the surrounding public. Our approach will focus on effective containment of releases and mitigation of off-site impacts with costs sensitivity in mind. City staff has indicated a preference for a facility similar to the Ray Roberts plant. That facility employs a full containment concept for chlorine and ammonia with scrubbing capability. This design approach provides a very high degree of safety and security, but it can come at a significant capital cost. At the Lake Lewisville plant with the investment in existing infrastructure and given Denton's budget limitations, we propose to assess alternatives that balance costs and optimum use of facility with security and safety concerns. In addition, we suggest evaluating the cost-benefits of USing liquid chemicals or bulk chlorine storage to reduce chemical costs to that of safety concerns. Three alternatives could incfude the following: · A Ray Roberts design (full containment and scrubbing). The cost could be in the range of $4.5 to $5.5M. · A modified design full containment concept and scrubbing capability for chlorine; separate enclosure for ammonia feeders but outdoor shielded bulk ammonia storage with sprinklers. The cost could be in the range of $3.5 to $4.5M. · Conversion to liquid sodium hypochlorite and ammonium sulfate facilities. The facilities could be outdoors under a shaded area thus eliminating the cost of a building and scrubber. The cost could be in the range of $2 to $3M. Proof For the City of COllege Station's water production system, Malcolm Pirnie designed a new 40 mgd chlorine feed and storage facility with full containment to replace an aged system that stored containers outdoors. The project also included the latest security proviSions. Technical Issue :j:j:4 - Evaluate Filter Operations Background The Lake Lewisville plant contains sixteen filters equipped with surface wash, dual (anthracite I sand) media and a variety of underdrains (Wheeler, Leopold type S with IMS caps and ceramic clay tile type). The filter effluent pipe is equipped with a blowoff waste pipe but it is not suitable for filter- to- waste use. We understand that some of the filters boxes have developed leaks and the concrete walls have corroded and need repair. Denton staff has Implemented some of these repairs. Approach Water plant filtration serves at the heart of water treatment. The last 20-year trend to enhancing filter effluent performance has increased the need to tighten filter operations (filtration, backwash and media ripening) to an individual filter level. The coagulation process can significantly affect filtration performance thus Malcolm Pirnie will emphasize optimizing it in order to achieve the highest degree of filter performance. This incfudes optimizing rapid mixing to improve chemical dispersion; improving flocculator performance using low cost and low maintenance hydraulic baffled flocculation: and enhancing settling by eliminating upflow currents at weirs to achieve optimum overflow rates. A water that is properly prepared through coagulation has a better chance of being effectively filtered. " _ ~ _<~~=:-L",- ~.:;;;~~~t~. if City of Denton : 9 Lake Lewisville Water Treatment Plant Upgrade 1 Options Malcolm Plrnie could consider includes: · Retrofitting existing filters. · Install submerged membranes in 7 of the 16 filters. · Install submerged membranes in the aft end of the sedimentation basins and convert the filter media to ali or part GAC. With ozone as a candidate process addition, it is essential we produce biologically stable water before the plant distributes it to the customers. Thus, media selection, the need for disinfectant free backwash water, and air scour features will be important and will receive the proper level of attention. The filters will be an integral part of any effective ozone treatment scheme. Duck River Utility Commission WTP retrofit of conventional filters with submerged membranes. An alternative potential option we can consider includes retrofitting the existing flIter boxes with submerged membranes filters. USing for example, Zeeweed@ ultrafiltration modules, we can retrofit about seven of the 16 existing filters to achieve the equivalent 30 mgd treatment capacity. The advantage of such an approach is consistent particle and turbidity performance while gaining substantially increased treatment capacity in 30 to 40% of the footprint of conventional filters. In a potential future scenario, and with hydraulic improvements, this could lead to a reasonably economical plant expansion through high rating of the flocculation (hydraulic baffled flocculation) and sedimentation basins (tube settlers), and complete conversion of the filters (membranes). An expansion to between 50 and 70 mgd capacity is possible at the same site. We have evaluated this concept for the Gulf Coast Water Authority where they plan to expand an - ,c_ ";0 ~_ _0 ~ ~ _~_ _~~3" oA~~~ existing site from 50 mgd to 75 mgd. We found it cost-competitive to retrofit their filters and reduce the need for additional tankage. For the Lake Lewisville plant, retrofitting the filters with air scour and filter-to-waste capability and potentially new underdrains and media would cost about $2.5 to $3.0M. Converting the filters to submerged membranes would likely cost about $8 to $9M. At first sight, this does not appear cost-effective. However, should an expansion of the Lake Lewisville plant be considered, these numbers would converge and the cost benefits of a membrane retrofit would be realized. Another option that would eliminate the need for major modifications of the filters could be installation of low pressure membranes at the aft end of the sedimentation basins and conversion of the existing filters to GAC contactors. The cost would be higher than retrofitting the filters, but because the plant would not need ozone, it can potentially offset cost. It is these leading idea concepts we can assess in the preliminary phase of the project. Proof For the 87 mgd Trinity River Authority plant, Malcolm Pirnie designed a retrofit of ozone and its twenty filters including new air I water underdrains; removing the surface wash and adding air scour capability; modifications of effluent piping and SCADA programming to include filter"to-waste function; and replacement of the old media with new dual medIa (anthracite I sand). Technical Issue :t:t:5 - Evaluate Options for Correcting Hydraulic Deficiencies Background Besides the hydraulic issues identified in the RFP, we observed some additional opportunities for improvements to the existing facilities as is discussed in our approach below. We also recognize that the plant's current hydraulic profile poses significant challenges to integrating process changes that may be required to meet the water quality objectives. Approach Our approach will consider opportunities for Improving existlllg plant hydraulic deficiencies while including cost effective approaches to accommodate the required process changes. For each of the potential process concepts we evaluate, we will conduct a complete hydraulic profile from the raw water intake to the clearwells, looking for MALCOLM PIRNIE City of Denton : 20 Lake Lewisville Water Treatment Plant Upgrade : opportunitIes to simplify hydraulics, improve process effectiveness, and reduce need for additional pumping. Example of Existina Facilitv Hydraulic Improvements Flocculation Basins. During our site visits, we noted hydraulics deficiencies at the flocculation basins can be improved to enhance flocculation and coagulation: 1. Flow path and dIstribution between the 3 compartment flocculation zones. Flow enters the center compartment and is forced to the outer compartments through the two horizontal paddle shaft access holes. Forcing flow through these holes at high velocities with paddles churning on both sides of the holes creates significant floc shear. 2. Flow path from floc basin to sedimentation basin. Two small exit holes leading out of each of the outer floc compartments feeding the sedimentation basin influent launder also cause additional floc shear. Among several of the options we could consider is the use of hydraulic baffled serpentine channels, like Hydraulic baffling can reduce maintenance by eliminating most mechanical equipment in the flocculators. we have done for the City of Phoenix, for example. The baffles create the gentle swirling patterns that achieve effective flocculation without need for paddle mixers. Baffling can easily be retrofitted with minimal demolition through insertion of baffles into the existing floc tanks. We would also evaluate the enlargement of the effluent ports from the floc tanks and filleting of the upwells leading to the sedimentation basin influent launders to allow smooth flow with minimal floc shear. With the elimination of the paddle flocculators, there are also additional operational and maintenance cost savings to complement the process enhancements. Example of Process Change Related Hydraulic Imorovements For treatment alternative 3 described in our approach (intermediate ozone/GAC filters), if the intermediate ozone contactor is located adjacent to the effluent wall of the existing sedimentation basins we will consider the use of concrete channels to convey flow to the filters, thus eliminating the need for re- pumping. By doing so, we can discontinue the use of the existing settled water channels feeding the filter Hydraulic baffling can reduce maintenance by eliminating most mechanical equipment in the flocculators. emuem ena or me ozone comacwr IIlW me rll{er building wrapping around the existing sedimentation basins. Proof For the 87 mgd expansion of Trinity River Authority's Tarrant County Water Supply Project, we used similar hydraulic concepts (concrete channels and tight control of clearwelllevels using variable frequency drives on transfer pumps) to integrate settled water ozonation within tight hydraulic constraints. Technical Issue #6 - Evaluate Sludge Removal System Background Each of the eight sedimentation basins contains two settling zones for collecting sludge. The first zone contains sludge collection equipment that sweep settled sludge toward a center hopper. A second downstream zone also contains a hopper but it is not equipped with sludge collection equipment. Reportedly, operators drain and clean basins on a 3- month cycle chiefly due to accumulations within the second zone. In addition, they must manually manipulate sludge drain valves, draining sludge to the sanitary sewer. Approach In streamlining sludge operations, we will focus on cost-effective facility enhancements that 1) optimize sludge settling within the first zone and 2) automate the sludge valves controlled by timers or sludge depth / density. Currently, the two zones of each basin are open and contain no baffling. In large rectangular tanks without baffling, it is our experience they develop currents that can impact the natural gravity sedimentation process. Using a simply hydrOdynamic model, we can simulate existing conditions then model again with baffling City of Denton : 2 Lake Lewisville Water Treatment Plant Upgrade : 1 between the two zones to assess the improvements. The impact of reducing sludge accumulations can be dramatic. Basin Plan ''Mr~r.....u,nj~:IDt:''''''''-'.~k.PI"''''''rJ~'''. ~~~....", Computational hydrodynamic modeling is a valuable tool in assessing basin I sludge flow patterns. Another option, considerably more costly, is to install equipment in the second zone of the tanks - either a CIrcular unit or chain and flight or traveling vacuum type (with a constructed level floor) that drags the sludge to the first zone. In our approach, which includes modeling and cost-effective analysis, we can determine the most beneficial improvements that reduce maintenance at an affordable cost. With respect to streamlining sludge draining operations, options Include automated actuators that actuate on preset timers or sludge depth using density meters. With the potential baffling improvements between the two zones, modeling may indicate that we would only need to automate the first zone valves and rely on less frequent manual operations of the second zone valves. Technical Issue #8 - Evaluate pH Adjustment System Background pH adjustment is practiced at the Lake Lewisville plant using liquid sodium hydroxide that is injected into the combined filter effluent pipeline ahead of the clearwells. Typically, plant operations will adjust the pH leaving the filters to about 8.0. A common result of feeding caustic in pipelines is plating of the pipe walls with calcium carbonate precipitate that the City removes on a routine basis to restore the pipe to its original diameter. Reportedly, they have also seen an occasional turbidity spike after caustic feed. .<:~~~i~~L. - -~.~. -' "...... ~-.;,:::,-~..-_~ v~ Approach Achieving a proper balance of pH control is an important aspect of optimizing organics reduction, disinfection maintenance, disinfection by-prOducts control, and corrosion stability. The process design selection that meets the overall treated water quality goals (taste and odor, TOC reduction, disinfection, etc.) will directly influence the right process pH. We know, for example, that low pH in an ozone plant can minimize bromate formation, reduce ozone production needs (since we can maintain the residual longer), and maximize disinfection and taste and odor control. Even in membrane or UV facilities, post pH control is a routine practice since adding lime can create other side effects. Therefore, pH adjustment at the end of the Lake Lewisville plant IS likely an appropriate strategy. We will approach resolving issues the City has with using caustic for pH adjustment from two angles: . Relocate the caustic feed to the clearwells, install mixing, and institute an automated pH control scheme. . Install a caustic injection chamber on the combined filter effluent line to employ mixing to reduce plating when the water re-enters the piping. The benefits of adding a chamber and mixing is we can reduce the plating and the tendency for turbidity blooms since we can eliminate localized pockets of high pH. I J Technical Issue #11 - Evaluate Reliability and Condition of Plant Facilities and Equipment Background The Lewisville WTP was constructed in two major expansion phases. Some of the facilities from the "first plant" built in 1957 are still in use (e.g., filters with wheeler filter bottoms, etc.). Through an ongoing maintenance program, the City has done an excellent job maximizing the use of these facilities well beyond their intended life. As part of this project, changes are planned to improve the process and position the plant to meet future regulatory needs. Having the plant facilities in optimum condition and at peak reliability with renewed useful life is essential in meeting this goal. We recognize that implementing both condition / reliability improvements plus the process improvements will be a challenge with the planned project budget. Risk (consequence) based prioritization will be needed to make informed MALCOLM PIRNIE [ City of Denton : 22 Lake Lewlsville Water Treatment Plant Upgrade ; decisions. In addition, we recognize that a phased implementation plan that has buy-in from all stakeholders (financial, operations, maintenance, and engineering staff) is also essential. Approach Our approach would identify and prioritize reliability! condition improvements and develop a phased implementation plan. We have successfully used a derivative of the "RAM-W" process to aid our clients objectively priority critical condition! reliability needs through a formalized process. First, we would conduct a detailed condition! reliability assessment of the key facilities from intake to high service. Our team would focus on areas such as: . Mechanical . Electrical . Instrumentation and Control . Process . Hydraulic . Structural . Other As we did for the Cities of College Station and Detroit, we would document findings and recommendations in "work order/ scope" format for insertion into your design / construction contracts. Once the needs have been identified and documented, the team would proceed through the process, outlined in the figure below, to develop a prioritized plan. This process is collaborative with all key stake holders to ensure buy-in and inclusion into your CfP. Staff Input ' Establish Assessment Needs Staff Input Define Prioritization Objectives Staff Input Establish Consequences of Not Implementing Needs Staff Input Quantify "Risk" of Needs Staff Input Quantify Relative Priority of Needs Staff Input Prioritized List of Needs ->j:----- ;; , /"M:li~~~D!~ ~1~~~1f :-= ____-'__.:=:-:.-..i.:-dt' Proof Malcolm Pirnie has used this approach to assist a local large utility in successfully identifying the criticality of over 1000 assets in their ongoing CIP program, gaining consensus from staff at various levels along the way. The critical needs from that project accounted for nearly $90M in need-based improvements. Malcolm Pirnie Value-Added Solutions to other Project Issues From our detailed site visits and contact with City staff, our team has gained insight into areas of the plant that, if considered, can provide added-value to the best overall upgrade program. The following table details a number of additional issues that our team is prepared to address through the project. We recognize with plants the age of Lake Lewisville, we can identify several upgrades well beyond the City's budget. Our approach will be to identify those that can provide the most beneficial return to the City (coupled with the previously discussed process) in terms of improved water quality, improvements to operations efficiency, lowering of maintenance requirements, reducing risk, and consequences if a component does not perform, all in a manner the City can afford. Following the table is an approach Malcolm Pirnie has successfully used on other projects to manage costs. MALCOLM PIRNIE , . ---~ ---- , . City of Denton : : 23 Lake Lewlsville Water Treatment Plant Upgrade 1 Additional Project Issues Malcolm Pirnie Potential Benefits Approach / Ideas 1 Managing water quality changes during startup on new . Develop communique . Denton manages water quality process units during construction outlining changes. timing excurSions through a proactive . Develop a detailed maintenance of plant operations plan and provIsions for approach - no surprises to stage the contractor's critical work actiVities so flow Denton to consider . With experience commissioning and quality are preserved . Provide operations plants of varYing types and Sizes, we assistance to aid Denton can help prOVide a plan for smooth staff during construction startup 2 Proactive approach for distribution system water quality . Involvement of Sam . By keeping the source and tap in . Source water protection Atkinson of UNT for mind, the team can select a process . Management of flows from the two plants so u rce issues that is optimum and results in . Nitrification control through assessment of system tanks . Focus on distribution effective integration with the current system with lOSE, system . Assess potentially lowering distribution system pH with evaluation of tanks, and use of corrosion inhibitor should an lOSE suggest action water compatibility IS needed . Assess pH stability of . Conduct lOSE concurrent with piloting (if done) to factor system compared to in other identified water quality issues to address TTHM formation 3 Rehabilitation and upgrades to various plant components Using our conditions 1. Mixing improves coagulation a nd processes assessment risk/ 2. A staged and prioritized crp for the . Rapid mixing consequence priOritization upgrades that result in improvements . C lar ifie r refu rbl shment and cost containment to water quality, operations efficiency, . Flocculation reconfiguratlon approach (covered in lowering of maintenance Technical Issue No. 11 above, requirements. reduction of risk and . Automation of ammonia and chlOrine feed systems we can identify and prioritize consequences, and all in a manner . Upgrade permanganate and fluoride feed systems the more beneficial Denton can afford Concrete wall repairs improvements in a staged 3. Hydraulic baffled flocculators save . plan that integrates with money and maintenance . Upgrades to grating, handrail, doors and windows, HVAC. Denton's financial structure electrical switchgear, lightning protection. etc 4 Expansion options for the future Consider retrofitting with The space at the LLWTP site is congested submerged membranes or and locating additional treatment along possibly siting pretreatment the pipeline on City property could save for the LLWTP on property money. In addition. as mentioned in the adjacent the City's WWTP previous technical Issues, the use of a site that is near the raw membrane retrofit would allow the water pipeline filtration process to be expanded In fewer footprints Malcolm Pirnle's Approach will Deliver a Facility that Meets all Project Goals within Budget Background Denton, like other utilities, faces doing more for less. As such, our engineering design must consider new approaches to deliver a facility that fully meet treatment Objectives but at the lowest reasonable cost. Approach Malcolm Pirnie has developed a multi-pronged approach that controls costs at all phases of the work so that the City can have complete confidence , ..-~ " :~, ';;_~~~~_~~~__~_B_"_~l~~tl~ ~________ ::-_~~-,_t~ -~ .~-<; ,-;:L_, that the budget established at the outset can be met when the project is complete. The flow chart that follows depicts the process that Malcolm Plrnie proposes to use for the Lake Lewisville project to maintain overall capital budget. Project Inception: The project construction bUdget is established and approved with known impacts to customer rates and other aspects of the capital program. Our team will use this number as the target final goal throughout all phases. Predesign: At this stage, we would confirm the sufficiency of the project budget through additional detailed cost opinions based on a concept design that meets the objectives established at the project outset. If the project scope exceeds the budget, our MALCOLM PIRNIE ~""----;- City of Denton ! 2 Lake Lewisville Water Treatment Plant Upgrade , 4 (~~ro) Effective cost containment approach throughout all phases will deliver an on budget project. Ootions EvaluatIOn Potential for bld altefnabves Excetds Iludget-ll . Conduct concepluallevel value englneenng Reduce sCOpe of pfOjectl defer Items to future phases Meets Budget Opbons Develop <lfld prioribze bid alternabves 10 acllleve bUdget Reduce scope of prOjilClldefar Iiams to Mum phases Conduct detailed de&gn VE Exceeds Budget @30%, 50%, 75% and 90% ~ AooJrate cost lljlinioos Cosl.qeep control! managment G2iII. Minimize change orders team would develop options for the City to consider, as outlined in the flow chart. Design: Most cost overages can occur during detailed design when specific detail and features are developed for the project. As such, our team would prepare cost opinions at various stages so that these changes are captured. For any escalations, especially if they result in a budget overage, we will explain them and offer options to maintain budget, as outlined in the flow chart. Bidding: Malcolm Pirnie's focus is to enable the City to respond effectively to multiple outcomes at the bid phase so that the project budget and schedule are safeguarded. Construction: While most cost control measures usually precede this stage, it is change orders that measure the effectiveness of those measures. Our construction effort will focus on responsiveness and creative approaches to reduce change order impacts that do arise. ~!"~j~ .. Implement Plan- MeefS Budget Ootions Select bid alternates unb! funding met Obtain addlbonal funding Proof: Malcolm Pirnie's track-record of performance on accuracy of cost estimates is indicated by the bar chart, comparing pre-bid estimates with the final bid amount. Austin W & WW Program TRA ExpanSion & Ozone for 87 MGO Plant College Station Water Impro....ements OWu Central Odor Control LeWIs-vUe. WTP hVlng Hackbecry PS Irving Hackberry Tank GBRA Membrane PI.a....t F\NWD VCWWTP Odor F\NWD WS IV PS o 5 10 15 20 25 30 35 40 M .mons $ Accurate Cost Estimating has Resulted in On-Budget Projects _..~- MALCOLM PIRNIE , City of Denton : 25 Lake Lewisvllle Water Treatment Plant Upgrade : I I , E. QUALITY CONTROL Quality Control during Design and Construction Our Quality Control Approach Starts by Delivering the Right Team to Do the Right Job and Doing It Right the First Time Similar to most large engineering firms providing designs for water treatment plants, Malcolm Pirnie has quality control procedures we consistently utilize on all projects. The steps we employ encompass the following: . Select the RIGHT TEAM with the appropriate skill- set upon advice of resource team and quality consultants . Obtain input from quality consultants during development of scope and level of effort to do the RIGHT JOB . Prepare a project plan that articulates the project in all aspects including a detailed quality schedule . Schedule input from quality team at project concept formation and at each milestone . Conduct formal quality reviews of each major deliverable using independent and experienced quality consultant - do the JOB RIGHT . Conduct project discipline coordination sessions to assure continuity between trades using Fred Johnston, who is experienced in construction. . To keep the project on track, conduct Project Stop sessions at the end of the predesign phase and 60% stage to ask if we are still doing the right job with the right team the right way. . During construction administration, we assign an experienced construction engineer to provide routine input and advice to the team Our organizational chart in Section B identifies the people that will provide quality control and graphically depicts the leadership and responSibility of QC reviews. We have selected strong individuals based on the specific area of expertise. The following table summarizes these individuals and their role. NAME AREA OF EXPERTISE Mike McGuire, PhD, PE, DEE Mike MacPhee, PhD, DEE Gary Rabalais, PE Jim DeWolfe ~n~~1~;~~~L Coupled with our bench strength in water treatment, we have also organized a water process panel of national experts we have agreements in place to utilize on specialty topics. PANEL EXPERT AREA OF EXPERTISE Zaid Chowdhury - Regulations. process Malcolm Pirnie Inc evaluation and process selection George Maseeh . GAC design and retrofit Malcolm Pirnie Inc Jack Bryck - Membrane retrofit Malcolm Pirnie Inc Christine Cotton. UV disinfection Malcolm Plrnie Inc Kerwin Rakness - Ozone and plant start.up Process Applications issues Scott Summers - T&O control, biofiltration University of Colorado Des Lawler - Enhanced coagulation University of Texas Change Orders during Construction Our Firm's National Change Order Rate of 1.9% is Amongst the Lowest in the Industry Over the last several years, our Dallas office has established a stellar record of performance of low change orders. Examples include: . Trinity River Authority Water Treatment Plant - 0.9% . Irving Hackberry Water Facility - 2.5% . Lewisville Water Treatment Plant - 1.4% . College Station Water Production Projects -1.9% Role of the City and Consultant Malcolm Plrnle's Ownership of Quality Results in a a Project That Denton Gladly Accepts Malcolm Pirnie is completely responsible for quality. However, we recognize that Quality must consider the City's experiences and preferences in order to be completely successful. As we conduct reviews of each deliverable, the City too will have the opportunity to provide valued input at each milestone to ensure we address these needs and preferences. Our milestone I schedule on page 12 contains multiple input points for Denton staff to provide significant contribution to the project. Owner and Reference Information Trinity River Authority Reference: William R. "Bill" Decker Manager, Water Resources Planning - Northern Region 5300 South Collins Arlington, TX 76018 (817) 493-5153 F eatu res: . Process studies/piloting . Regulatory evaluation . Conditions assessment . Filter rehabilitation . Design . Optimization . Ozone retrofit Prime / Sub Project Name, Location and Brief Description Team Members (proposed team personnel) Robert McCollum Rob Hoffman Gary Rabalais Jim DeWolfe Zaid Chowdbury Chamindra Dassanayake Peter Kim Steve Zeid Frank Barchok Kerwin Rakness ;[~~~~i!f~t'-O- Prime Trinity River Authority of Texas Water Treatment Plant Expansion Arlington, Texas To meet rapidly increasing water demand and tighter regulations for five cities in the Dallas/Fort Worth Metroplex, the Trinity River Authority is expanding their 72-mgd water treatment plant to 87 mgd. Malcolm Pirnie developed the master plan and process design for the plant. using a combination of advanced and conventional technologies, including UV irradiation and ozone, to meet drinking water regulations, provide aesthetically pleasing water, and position for future rule requirements. The initial major tasks included conducting pilot-scale and process studies, process selection, popUlation and demand projects, and evaluations of alternatives to comply with expansion needs and meet water quality Objectives. Candidate alternatives for the expansion of the plant included membrane, GAC, and UV technologies. Each evaluation consisted of a review of the most recent literature followed by an assessment of how each technology would meet the authority's water quality treatment goals. The pilot-scale studies were performed at the plant using a mobile pilot unit to evaluate chlorine dioxide, ozone, coagulation, and filter performance. The stUdy contained a 20-year capital program for implementation of improvements. The 15-mgd expansion and retrofitting of the plant with 87 mgd of intermediate ozonation is in the final stages of construction. other improvements include expansion of pumping stations, new filters, retrofitting of existing filters with air scour, new rapid mixing facility, washwater detention basin, chemical system additions and upgrades, and instrumentation and electrical. A subsequent contract with the improvements to their pump stations is starting construction. Owner and Reference Information Prime / Sub City of Lewisville Prime Reference: Carole Bassinger Director of Utilities, Water and Wastewater 1100 N. Kealy St. Suite C Lewisville, TX 75057 (972) 219.3531 Features: . Process studies/bench testi ng . Regulatory evaluation . Filter rehabilitation . Design . Uprating evaluation . Conventional Project Name, Location and Brief Description City of Lewisville C.R. Feaster Water Treatment Plant Expansion Lewisville, Texas Malcolm Pirnie provided process engineering, design, and construction phase services to expand the city's conventional surface water treatment plant from 15 mgd to 18 mgd and meet drinking water regulations. As an initial task, we evaluated the impacts of the Disinfectant/Disinfection By'Products (DJDBP) Rule, the Interim Enhanced Surface Water Treatment Rule (IESWTR), and the Filter Backwash Recycle Rule (FBRR), including an evaluation of CT requirements. We also evaluated the plant's hydraulic capacity and developed an expansion design that optimizes use of existing capacity and increases capacity of 3 mgd while minimizing capital costs. We assisted the city in obtaining a variance from the Texas TCEQ for an increase in filter loading rate that would allow the plant to expand from the current 15 mgd to a flow rate of 18 mgd without adding additional filters, using pilot data for DWU's Elm Fork Plant. Malcolm Pirnie prepared design drawings and specifications for the expansion including a new raw water pipeline, improvements to the raw water pump station, process upgrades and improvements, and new chemical feed capabilities. We provided construction oversight during the construction phase. Team Members (proposed team personnel) Robert McCollum Rob Hoffman Frank Barchok Zaid Chowdhury ~~~~~~J(~~"f~2__ ___ Owner and Reference Information Prime / Sub Project Name, Location and Brief Description Guadalupe- Blanco River Authority Prime Guadalupe-Blanco River Authority Western Canyon Water Supply Project Canyon Lake, Texas Malcolm Pirnie is establishing a treated surface water supply for several communities in the Western Coma I County area which currently rely on limited groundwater resources. The project consists of a raw water intake and pump station, a raw water transmission pipeline, a new treatment plant, and a treated water transmission pipeline. Raw Water. The water source is Canyon Lake, a reservoir on the Guadalupe River. Malcolm Pirnie designed a floating raw water intake and pump station capable of operating over a wide range of lake surface level fluctuation. The 5- to 6-mile raw water transmission pipeline will deliver approximately 10 to 15 mgd to the water treatment plant site. Process Selection and Desian. Malcolm Pirnie conducted a study to select the treatment process for a new 1Q-mgd water treatment facility the GBRA constructed on Canyon Lake near Seguin. The plant furnishes water to at least 13 customers, many of whom rely solely on groundwater sources from the Edwards and Trinity aquifers. The focus of the evaluation was to develop a plant process that would meet the impending regulatory requirements, yet contain the flexibility for future compliance with new requirements for lower disinfection by- products and Cryptosporidium inactivation. In addition to the provision of compliant water, the customers expect to receive water with no discernible differences in taste and quality at the tap. Malcolm Pirnie's program involved bench-scale testing to evaluate treatment performance and water compatibility; evaluation of alternative processes through a well-conceived matrix approach; and development of a preliminary engineering report that outlines the regulatory strategy, recommended plant layout, specific design criteria, and costs. Subseauent to orocess selection. we entered into procurement for membranes and design of the facility. It included a raw water surge tank, flocculation basins, Pall microfiltration, membranes, pumping, sludge beds, and an administration R building. Transmission. As a subconsultant, we have assisted in developing the overall disinfection strategy for the treated water delivery system. When the length of the 45-mile i eline is considered in relation to the treatment techni ues Reference: Gary Asbury Project Manager Guadalupe-Blanco River Authority 933 East Court St. Seguin, TX 78155 (830) 379-5822 Features: . Process studies/pilot testing . Regulatory evaluation . Design . Membrane filters r. __ t;if~~sl~_jQ~~~~:c ~_~,~, ;"~'__~_~'_ Team Members (proposed team personnel) Robert McCollum Rob Hoffman Peter Kim Zaid Chowdhury Jack Bryck VK Gupta MALCOLM PIRNIE Owner and Reference Information Prime / Sub Gulf Coast Water Authority Prime Reference: Robert Istre Manager 3630 Highway 1765 Texas City, Texas 77591 (409) 935-2438 x17 Features: . Process studies . Regulatory evaluation . Design . Filter rehabilitation . Conventional Project Name, Location and Brief Description available to meet regulations, the problem of disinfection by. products becomes increasingly important not only to the selection of the treatment process but also to the selection of the method by which customers will accept the treated water. We will use information technology and SCADA technologies to design appropriate delivery facilities for different customer locations, including valving, metering, and chlorine addition for the delivered water. Trinity River Authority of Texas Water Treatment Plant Expansion Texas City. Texas The Dr. Thomas S. Mackey water treatment plant provides up to 25 mgd of potable water to Texas City and several other suburban Houston communities. Malcolm Pirnie evaluated expansion options and designed modifications and improvements to expand the plant's treatment capacity to 50 mgd, while maintaining the owner's superior water quality goals. The project schedule was accelerated to meet customer service demands. The work included: ? New raw water, c1earwell, and distribution pumping. ? A new 72-in raw water siphon ? New reactor/clarifiers and sludge pumping. ? New filters capped with granular activated carbon to remove taste and odor compounds, with air scour and surface wash facilities and filter-to-waste faCIlities. ? A new clearwell structure and a 6-MG prestressed concrete ground storage reservoir for finished water. ? Rehabilitation of chlorination facilities and field instrumentation. ? New sludge-thickening and transfer facilities. Malcolm Pirnie also provided construction phase services including periodic site visits, submittal reviews. schedule management, and assistance during startup. Team Members (proposed team person nel) Robert McCollum Rob Hoffman Chamindra Dassanayake Frank Barchok Steve Zeid Zaid Chowdhury t~j'~~!~'~}~~I!~f~ . Owner and Reference Information Prime / Sub Fort Worth Water Department Prime Reference: Frank Crumb Director, Water Department 1000 Throckmorton St. Fort Worth, TX 76102-6312 (817) 392-8243 Features: . Process studies/piloting . Regulatory evaluation ~~t..ll~tr~, C u' Project Name, Location and Brief Description City of Fort Worth Process Studies at Rolling Hills and Holly Water Treatment Plants Fort Worth, Texas Malcolm Pirnie completed a detailed regulatory assessment and pilot-scale process studies at the Rolling Hills and Holly Water Treatment Plants. These two plants furnish a total of 300 mgd of treated water to the customers of Fort Worth. The focus of the study was twofold: ? Evaluate coagulation and disinfection process modifications to comply with the Stage 1 D/DBP Rule and Interim Enhanced Surface Water Treatment Rule. ? Conduct GAC studies for ICR compliance. To conduct the tests, Malcolm Pirnie constructed a trailer- mounted pilot facility to simulate the plant's existing processes and candidate advanced technologies. A complex feature of the test program addressed the fact that the city relied on three water supplies, resulting in varying degrees of blends throughout the year. The process studies and pilot- scale evaluation included the evaluation of ozonation on enhanced coagulation practices, taste, odor, and atrazine removal, turbidity reduction, and inactivation of Cryptosporidium. A bromate (a newly regulated DSP) reduction study was also conducted to evaluate techniques for minimizing its formation, when ozone is used in high bromide waters. Malcolm Pirnie developed a regulatory compliance approach that will enable the city to plan for future facility needs while keeping current costs in check. As a result of the study, the city is now making decisions for major capital expenditures to upgrade the ROiling Hills and Holly plants. Team Members (proposed team personnel) Robert McCollum Rob Hoffman Zaid Chowdhury Scott Summers MALCOLM PIRNIE Owner and Reference Information Prime / Sub Project Name, Location and Brief Description City of Scottsdale Prime City of Scottsdale Expansion of the CAP Water Treatment Plant Scottsdale, Arizona The Scottsdale Central Arizona Project (CAP) Water Treatment Plant was constructed in 1986 by a group of private investors with the City of Scottsdale being the sole customer. The plant is located on a 40-acre parcel in a natural desert setting in north Scottsdale, which is developing rapidly. The CAP plant must be expanded to a continuous capacity of 50 mgd to meet the water su pply needs of this development. The CAP expansion project must be coordinated with several other projects that are currently under design or construction. These include the Water Campus project which is at present under design to provide advanced wastewater treatment for an initial average daily flow of 8 mgd. This project will be constructed concurrently with the CAP expansion and is sited immediately to the east of the CAP plant. In addition, a waste transfer station is currently under construction directly south of the CAP plant. The CAP project includes the following elements: ? Water quality planning (including bench-scale treatability tests) ? Preliminary design ? Preparation of plans and specifications for bidding and construction ? Bidding assistance The design includes modifications and improvements for the following areas: ? Raw water conveyance facilities (intake, metering, screening, pumping and transmission main) ? Raw water reservoir ? Rapid mixing, flocculation/sedimentation and filtration facilities ? Chemical handling facilities: . Alum . Polymers (floc aid, filter aid, filter media conditioner added to filter backwash, sludge thickener aid, gravity dewatering aid) . Potassium permanganate . Sulfuric acid . Sodium h droxide Reference: William Peifer Project Manager Capital Project Management 9388 East Salvador Dr. Scottsdale, AZ 85258 (480) 312-7869 Features: . Process studies . Regulatory evaluation . Design . GAC ~~-!~~_~~ :~'.-;: '_:;:r..."~~: :;i~<~~~~-.ji;~~. ~-- 1:~~~~~iJ~~!~~~~t~,_~ -~;~_ Team Members (proposed team personnel) Mike MacPhee Sunil Kommineni Zaid Chowdhury George Maseeh Jack Bryck MALCOLM , PIRNIE City of Denton ~ Preliminary Design of Lake lewisville Water Treatment Plant Upgrade ~ Over the course of his career, Mr. McCollum has accumulated experience on water treatment plants ranging in size from 1 to 350 MGD. These facilities have involved pilot studies, process design, implementation planning and design of pumping stations, flocculation and sedimentation, filters, ozone, chemical feed and instrumentation and electrical systems. DETAILED EXPERIENCE . City of Lewisville: C.R. Feaster Water Treatment Plant / Lewisville TX. Directed the process evaluation, uprating and design of a 3-mgd plant expansion to the City's 15-mgd conventional water plant. The project including field performance testing to obtain a rerating of the basins and filters, pump additions, filter underdrain and media improvements and installation of filter to waste, chemical feed improvements, and various upgrades to electrical and instrumentation . Trinity River Authority: Water Treatment Expansion & Process Additions / Arlington TX. Directed the pilot studies, technical design report and design of an expansion to 87 MGD of the Authority's plant. The project included rehabilitation and additions to pump stations, clarifiers, rapid mix, and chemical feed. An 87 mgd ozone system was also included for treatment of taste and odors and to improve disinfection. . City of Arlington, TX: Pierce-Burch Water Treatment Plant Improvements / Arlington TX. Managed the design of miscellaneous improvements to the chemical feed systems, rehabilitation of various process lines; installation of a new backwash pump; and clearwell modifications. . City of Arlington, TX: Membrane Evaluation / Arlington TX. Directed the evaluation of membrane technology for expanding the City's water treatment facilities. . City of Fort Worth, TX: ICR and Process Studies / Fort Worth TX. Performed a pilot scale study of processes for the Holly and Rolling Hills plant to determine process additions for meeting new regulations and water quality objectives. . City of Fort Worth, TX: Water Treatment Plant Optimization / Fort Worth TX. Performed a review of the plant operations and maintenance practices and financial aspects. The City's plants were reviewed in detail in an effort to identify operational and/or facility changes to both reduce the cost of water production and optimize the service provided. . Guadalupe-Blanco River Authority: West Canyon Water Treatment Plant / Seguin TX. Technical Leader for the process selection of the new 10-mgd water treatment facility. The process that was selected included micro-filtration membranes. . City of Bonham: Bonham WTP / Bonham TX. Principal for a water process evaluation of the City's water treatment plant. The City asked Malcolm Pirnie for an independent assessment of their plans to expand their existing plant. We reviewed various processes ranging from conventional treatment to membranes. '- , - ,- ~ - -- ~ , .= ~ ~- - - . -.- -- - -~" ~- L-:F:{if~4.~: ~ ~~"~~~~:i~~~l~t Robert G. McCollum Project Role: Project Manager/Principal Title/Firm: Vice President Malcolm Pirnie, Inc. Years of Experience 23 Education as Civil Engineering Texas Tech University 1982 Licenses and Certifications Professional Engineer Diplomate, American Academy of Environmental Engineers Societies American Academy of Environmental Engineers, Diplomate American Water Works Association, Associate Member Water Environment Federation, Associate Member Employment History Malcolm Pirnie, Inc. 1997 to present HDR Engineering, Inc. 1994 to 1997 Black & Veatch 1982 to 1994 MALCOLM PIRNIE ~l-' City of Denton .: Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ; I II North Texas Municipal Water District: Water Treatment Plant No.2 Expansion I Wylie TX. Designed 105-mgd expansion to the water treatment plant, increasing its capacity to 355 mgd. The plant process consisted primarily of lime softening, conventional coagulation, and filtration. . Gulf Coast Water Authority: Thomas Mackey Water Plant Expansion I Texas City TX. Directed the design of a 25-mgd filter expansion to the Authority's 25-mgd conventional water plant. The filters included granular activated carbon media, air scour and surface wash. . City of Midland, TX: Midland Water Treatment Plant Improvements I Midland TX. Participated in a regulatory compliance assessment study and process, and facility evaluation for the City. Directed the preparation of plans to upgrade the water treatment facility and expand its treatment capacity from 12 mgd to 32 mgd. The plant utilized partial softening, conventional coagulation, and filtration. . City of Colorado Springs, CO: J.A. McCullough Water Treatment Plant I Colorado Springs CO. Participated in plan preparation for a new 50- mgd conventional water treatment facility. The plant was completely enclosed for protection from the weather. . Guadalupe-Blanco River Authority: Port Lavaca Water Treatment Plant Expansion I Port lavaca TX. Directed plan preparation for an expansion and improvements to a conventional water treatment plant. The design included basins complex, filters, chemical feed, and raw-water and high-service pumping facilities for plant expansion to 6 mgd. . City of Port Arthur, TX: Water Treatment Facility Study I Port Arthur TX. Directed the evaluation and study of the water treatment facility for compliance with current and anticipated federal drinking water standards. The project included pilot testing of a patented solids contact clarifier process which, when implemented at full scale, would result in significant saving to the City. Following the study, directed preparation of design documents for a new 20-mgd water treatment plant to replace the City's existing facility. The plant process included a patented solids contact clarification process, chlorine dioxide disinfection, filtration, solids handling, and associated components. . City of Ennis, TX: Water Treatment Plant Expansion I Ennis TX. Performed a water facility assessment study of the City's water treatment facilities. Designed and developed plans for expansion facilities and improvements to increase the conventional treatment plant capacity by 4 mgd. Performed the resident inspection services during construction of the facility. PUBLICA TIONS Dassanayake, C. McCollum, R.G., "What Happened to the Odors?," presented at the Joint Conference of the Water Environment Association of Texas and American Water Works Association, Texas Section (Texas Water 2004), Arlington TX, April 5-8,2004. Cotton, CA., Pressman, J.G., McCollum, R.G., Hoffman, R.W., "Site Specific Water Quality and Hydraulic Considerations for UV Disinfection System Designs," presented at the Joint Conference of the Water Environment Association of l~:~~~~-~:~~~~~m~~- City of Denton ~ ; : Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ : I Texas and American Water Works Association, Texas Section (Texas Water 2004), Arlington TX, April 5-8, 2004. Vickers, J. c., Roetzel, M., McCollum, R. G.. Parsl, H., !fA 'Texas. Sized' Membrane Filtration Facility: Selection and Design of the San Felipe Springs Water Treatment Plant," Proceedings. Membrane Technology Conference ofthe American Water Works Association. Long Beach CA, February 28,1999. McCollum, R. G., "Reuse -- Past, Present, and Future -- Lubbock, Texas," presented at the Texas Section Fall Conference of the American Society of Civil Engineers, Lubbock TX. 1994. McCollum, R. G.. "Use of Water Quality Standards in the U.S.A.," written for presentation by others at the joint American Water Works Association/Water Environment Federation and AMAAC/SMAAC Conference, Monterrey, Mexico, 1994. McCollum, R. G., "Disinfectant/Disinfection By.products Rule, Enhanced Surface Water Treatment Rule, and Information Collection Rule," presented at the Texas Water Utilities Association Short-School, Arlington TX, 1994. McCollum. R. G., "Lead and Copper Rule," presented at the North Texas Laboratory Analysts Association Meeting, Grand Prairie TX, 1992. McCollum. R. G.. "Midland Water Treatment Plant," presented at the Northeast Section of the Texas Utilities Association Meeting, Greenville TX, 1991. ~1~~~~~~!~){j- , MALCOLM PIRNIE ~t City of Denton I Preliminary Design of Lake Lewisville Water Treatment Plant UPwade ! Dr. MacPhee specializes in water process, research, distribution system water quality, regulatory development/compliance, and strategic planning. He has been Principal Investigator on four AwwaRF projects and serves as a Trustee of the AWWA Water Science & Research Division. Dr. MacPhee was engaged in the development of several key industry regulations, including: the Arsenic Rule, the Filter Backwash and Recycling Rule (FBRR), the Stage 1 D/DBP Rule, and the Long-Term 2 Enhanced Surface Water Treatment Rule (L TZESWTR). He is editor of a new book for AWWA titled "Water Quality Challenges Facing the Distribution System in the 21st Century". His specific areas of expertise include: process selection and optimization using bench and pilot testing, high-rate clarification methods, process optimization for pathogen removal and DBP control, chloramines conversions, corrosion control, distribution system management, residuals management, high-rate filter studies, filter media selection, and regulatory compliance audits. Dr. MacPhee has worked extensively in the area of pilot testing for a broad range of process types including: conventional treatment. softening, direct filtration, and various high-rate processes (plates/tubes, dissolved air flotation, and Actiflo). He has investigated a suite of advanced technologies at the pilot scale across the U.S. including ozonation, chlorine dioxide, membranes (MF and UF), MIEX (mixed ion exchange), GAC filtration, and post-filter GAC contactors. DETAILED EXPERIENCE . City of Birmingham: stage 2 O/OBP and L T2ESWTR Compliance lnvestiqation I Birminqham, AL. Principal-in-Charge for a large project for the City that involves determining the required treatment plant and distribution system capital improvements required to comply with the stage 2 DBP Rule and L T2ESWTR. Projects include filter improvements, integration of new raw water oxidants, a feasibility investigation into the potential for use of chloramines as a secondary disinfectant, and clearwell improvements. . Consolidated Mutual Water Company: Membrane Water Treatment Plant I Lakewood, CO. Project manager for the Consolidated Mutual Water Company (CMWC) evaluation and subsequent design of a membrane plant. Performed a detailed review of historical operational and water quality information, conducted interviews with the staff, and prepared a regulatory assessment. Expanding their aging 10 mgd water treatment plant to 15 mgd. . Mohawk Valley Water Authority: stage 2 O/OBP and L T2ESWTR Compliance Evaluation I Utica, NY. Manager for several projects intended to guide the decision-making process of the utility with respect to: strategic planning, long-term compliance with federal drinking water regulations, CIP development, and facilitation of decision-making sessions. The MVWA in Utica, NY serves 125,000 water customers Michael J. MacPhee Project Role: Deputy Project Manager Title/Firm: Senior Associate Malcolm Pirnie, Inc. Years of Experience 14 Education BS Chemistry St. Francis Xavier Un iversity 1990 MS Civil Engineering Technical University of Nova Scotia 1993 PhD Civil Engineering Technical University of Nova Scotia 1995 Societies American Society of Civil Engineers American Water Works Association American Water Works Association, Research Foundation Consulting Engineers Council International Association of Water Quality Employment History Malcolm Pirnie. Inc. 2005 to present McGuire Environmental Consultants, Inc. 2002 to 2005 Environmental Engineering & Technology, Inc. 1995 to 2001 ~jt!i~1,g;!j~}1~i," City of Denton ~ Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ throughout a large region of upstate NY. The utility was recently faced with a series of critical decisions with respect to long-term planning for meeting forthcoming drinking water regulations, and with replacing aging infrastructure throughout its large distribution system. The major focus is phasing out the Authority's open finished reservoirs and DBP controL . Kerr Lake Regional Water System: Water Master Plan and CIP Development I Henderson, NC. Managed a master planning project that focused on 30-yr demand projections and supply needs and the impacts of future demands and drinking water regulations on treatment, storage, and distribution. The project included a detailed assessment of existing infrastructure, in addition to safe yield analyses, land zoning issues, and water rate impacts. Another important element of the project was to develop CIP plans for the City on water plant and distribution system planning. . U.S. Trade and Development Agency: Water Master Plan for the City of Istanbul, Turkey I Washington DC. Managed a feasibility project from 1998-2001 for upgrading nine water treatment facilities at four locations throughout the City of Istanbul. Turkey (combined treatment capacity 1.3 BGD). Existing treatment processes include slow sand filtration, conventional treatment. upflow sludge blanket clarifiers. ballasted sand flocculation (Actiflo). and ozonation. Most plants were experiencing serious operational problems and requiring upgrades, expansions and operator training. The project also addressed master planning challenges for the City of Istanbul, which grows by 250,000 people per year, and the need for water treatment facility and distribution infrastructure to keep pace with growth. . Mohawk Valley Water Authority: Chloramines/Nitrification Control Study I Utica, NY. Principal-in-charge for a study designed to investigate the viability of using chloramines for DBP control in the Authority's distribution system. Issues include a complicated system with multiple storage tanks, bulk customers, and many interconnections. Several pilot units will be designed to simulate the Authorities distribution system contact time and temperature and then seeded with nitrifying bacteria. Several options for nitrification control will be investigated including an innovative new approach discovered by MEC that uses very small concentrations of chlorite. Hydraulic modeling was used to optimize system detention times and tank turnover. PUBLICATIONS MacPhee, M.J., Editor "Distribution System Water Quality Challenges in the 21st Century: A Strategic Guide," American Water Works Association. Denver CO. 2005. Sullivan, L.P., MacPhee, M.J., Schreppel, c.. Tangorra, P., Blute, N.K., "An Innovative Technique for Controlling Nitrification in Chloraminating Systems," presented at the 124th Annual Conference and Exposition of the American Water Works Association, San Francisco CA, June 12-16, 2005. ~~"f~llflj~:"c,",~ ' MALCOLM PIRNIE City of Denton m i Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ I MacPhee, M.J., "Disposal of Wastes Resulting from Arsenic Removal Processes," Report, American Water Works Association Research Foundation, Denver CO. In Press. MacPhee, M.J., "Treatment of Microfiltration Backwash for Contaminant Removal Prior to Recycle," Journal of the American Water Works Association, Vol. 95, No. 12, December 2003. MacPhee, M.J., "Pilot Plant Testing of Dissolved Air Flotation for Algae and Arsenic Removal," Proceedings, Water Quality Technology Conference of the American Water Works Association, Philadelphia PA, November 2-6, 2003. MacPhee, M.J., "Effect of Ca on As Release from Ferric and Alum Residuals," Journal of the American Water Works Association, Vol. 95, No.6, June 2003. MacPhee, M.J., "Demonstrating Cryptosporidium Removal Using Spore Monitoring at Lime~Softening Plants," Journal of the American Water Works ASSOCIation, Vol. 95, No.5, May 2003. MacPhee, M.J., "Disposal of Wastes Resulting from Arsenic Removal Processes," presented at the Fifth International Conference on ArseniC Exposure and Health Effects, San Diego CA, April 14'18, 2002. MacPhee, M.J., "Treatment of MF and UF Residuals for Removal of Cryptosporidium, Viruses, and Other Contaminants Prior to Recycle," Report. American Water Works Association Research Foundation, Denver CO, 2002. MacPhee, M.J., "Self Assessment of Recycle Practices," American Water Works Association Government Affairs Office, Washington DC, 2002. MacPhee, M.J., "Occurrence and Problems Associated with Trace Contaminants in Water Treatment Chemicals," Report, American Water Works Association Research Foundation, Denver CO, 2002. MacPhee, M.J., "A Novel Approach to Arsenic Removal: Enhanced Coagulation with OAF at Las Vegas," Proceedings, Water Quality TechnOlogy Conference of the American Water Works Association, Nashville TN, November 11-15, 200t MacPhee, M.J., "Treatment of Spent Filter Backwash Water Using Dissolved Air Flotation," Water Science and Technology, Vol. 43, No.8, pp. 59-68,2001. MacPhee, M.J., "Impacts of Spent Filter Backwash Recycle on Cryptosporldium Removal," Journal of the American Water Works Association 93:4, April 200l MacPhee, M.J., "Arsenic Residuals Disposal Options," Proceedings, Water Quality Technology Conference, NashVille TN, 2001. MacPhee, M.J., "Treatment Options for Removal of Giardia, Cryptosporidium, and Other Contaminants from Recycled Backwash Water," Report. American Water Works Association Research Foundation, Denver CO, 2001. MacPhee, M.J., "Treatment of Arsenic Residuals from Drinking Water Removal Processes," Report to the United States Environmental Protection Agency (USEPA), Cincinnati OH, 2001. MacPhee, M.J., "Arsenic in Water Plant Residuals: When Will the Other Shoe Drop?," Proceedings, Water Quality Technology Conference of the American Water Works ASSOCIation, Salt Lake City UT, November 5-8, 2000. i~~~~r~ii City of Denton ~ ' Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ ! : Mr. Rabalais has more than 23 years of experience in the civil / environmental field, As project manager, his primary emphasis has been in process and detailed design of municipal and industrial treatment systems for both conventional and design-build delivery methods. He has been responsible for the management and engineering of projects with a combined construction value of over $250 million. DETAILED EXPERIENCE · Trinity River Authority: Water Treatment and System Improvements I Arlington TX. Served as quality consultant on various improvements at the water plant and to the distribution pump station and tanks. · City of Amarillo: Osage Water Treatment Plant Expansion I Amarillo TX. Project Manager for the expansion from 40 to 70 mgd. Responsible for the design and engineering of the ozone contact and destruct systems, pumped diffusion flash mixing system, and polymer addition systems. Ozone is used at this facility for micro-flocculation of raw water. The ozonation of the raw water enhances filtration, allowing for a filtration rate of up to 7 gpm/sq. ft. with only minimal modifications to the filters. · City of Detroit: Waterworks Park II Water Treatment Plant I Detroit MI. Responsible for the detailed design and construction engineering, as well as the procurement and construction support of the $2.5 million ozonation eqUipment system. · City of Houston: EWPP Pilot Plant Facilities I Houston TX. Project manager for the design and construction support for a permanent pilot plant facility to allow testing of new processes to meet the Changing water regulations. The 75 gpm facility will include high rate settling modules using tube settlers, filter columns to allow testing of both single and two-stage filtration with different media, GAC contactors, and ozone disinfection. The faCility is designed to blend and treat any combination of flows from the two different source waters, Lake Houston and the Trinity River. The study was conducted in conformance with the requirement of the Information Collection Rule. · City of McAllen: Southwest Water Treatment Plant I McAllen TX. Completed an evaluation of the pumping systems and plant hydraulics for the City of McAllen, Texas Southwest WTP (38 mgd). The evaluation included review of hydraulic design, assessed actual operations, and review of historical maintenance for seven independent pumping systems. Identified restrictions, then analyzed alternatives that lead to the recommendation for a new 20 mgd high service pump station. Also led a design for two 20 million gallon ground storage tanks for the City. In conjunction with a new 15,000 gpm pump station, the system will boost pressure in the extreme northern end of the distribution system. The facilities are being designed for integration into the proposed 13 mgd treatment plant as finished water storage and high service pumping systems. Idtfl26!>> I DAt,. ~ .~ , " ':W;f~~~;D . - . ~- - ---- - -~- Gary P. Rabalais Project Role: Quality Control Title/firm: Senior Associate Malcolm Pirnie, Inc. Years of Experience 23 Education Program completed in BSCE Civil Engineering Louisiana State University 1982 Licenses and Certifications Professional Engineer Employment History Malcolm Pirnie, Inc. 2004 to present Montgomery Watson Harza 1983 to 2004 US Army Corps of Engineers New Orleans District 1983 to 1983 MALCOLM PIRNIE 1i!!J1' - City of Denton i Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade 1_ Ii Houston Area Water Corporation: Northeast Water Purification System / Houston TX. Design Manager for this faCility that provides treated water from Lake Houston to the citizens of Houston as well as northwest and west areas of Harris County. The HAWC elected to implement this water supply project using design-build-operate as the procurement method. Responsible for the design of the 120 mgd lake intake, the 3,000 foot long 66" raw water pipeline, the 40 mgd conventional treatment plant, the advanced disinfection system using medium pressure ultraviolet irridation, the 120 mgd high service pumping station, and the 30,000 foot long 84" diameter / 30,000 foot long 42" diameter treated water transmission pipelines. Related design activities included securing a USACE wetlands mitigation permit and pipeline easements, both within six months. The design effort also included approval of several variances and exemptions by TNRCC. The design was completed in six months using a team of 13 subconsultant firms and 20 internal staff. · Jefferson Parish: East Bank Water Treatment Plant / Jefferson Parish LA. Member of an evaluation team that conducted a capacity rating study of the Jefferson Parish, Louisiana East Bank WTP (35 mgd). The study recommended modifications to increase the plant's rated capacity to 70 mgd by increasing filtration rates with minimal physical changes. Modifications to the plant's upflow clarifiers to allow higher loading rates were also recommended. A hydraulic analysis was performed to identify hydraUliC restrictions. The report provided design criteria and a site plan for new process units for a phased expansion to increase the plant's capacity to 96 mgd. · Beaver Water District: Croxton Water Treatment Plant / Lowell AR. Project engineer for the design of the 40-mgd Croxton WTP. Assisted in the operation of a one-year pilot study to select coagulants, demonstrate higher filtration rates, and to test the effectiveness of ozonation. The conventional treatment process is based on a deep bed anthracite filters, and will use alum/ferric chloride coagulants and lime/caustic soda for pH control. Raw water chlorination followed by ammonia addition to maintain a chloramines residual is the plant's primary disinfection scheme. Taste and odor episodes resulting from geosmin and MIS formation in the Beaver Lake Reservoir are treated with permanganate oxidation and the addition of high doses of PAC. The chlorine or permanganate systems are also used to oxidize iron and manganese resultmg from lake turnovers. The work included intake and high service pump stations with over 15,000 combined connected horsepower. Subsequently, conducted a mechanical equipment evaluation that assessed the condition of the 30 year old Steele WTP (40 mgd) as part of a report that addressed expanding the treatment capacity to 45 mgd. Alternatives for retrofitting the square sedimentation basins to pulsed up-flow clarifiers were compared to rehabilitation of the existing facility. Rehabilitation requirements for the tn-media filters, as well as the alum, lime, polymer, and carbon chemical feed systems were developed. The work included pre-design of mechanical slUdge thickening and dewatering .~~~~ro:'i ;t'~~~ ,c'j'f~f:;:. ........ MALCOLM PIRNIE ~,. City of Denton Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade j to address future sludge disposal concerns. Also conducted a facility audit and process assessment to determine the need for process enhancements for compliance with new drinking water regulations, ad a capacity expansion of 40 to 80 mgd to meet growth needs. II Bexar Metropolitan Development Corporation: Medio Creek Ranch Water Treatment Plant I San Antonio TX. Led a pilot study of membrane technology for the Bexar Metropolitan Development Corporation. The objective of the study was to develop design criteria for the sizing of three different membrane processes, determine operational costs, and evaluate overall performance. Data from the study was used for bidding and procurement or the membranes. The pilot study included an 101 SUPERPULSA TOR for membrane pretreatment for removal of organics, and parallel Aquasource and KOCH ultra filtration membranes, and MEMCOR micro filtration membranes. Following the pilot study and membrane procurement. Mr. Rabalais prepared the conceptual design for a 9.6 mgd plant. The conceptual design included site layout, equipment sizing, design and operation criteria, and process and instrumentation diagrams. As an alternative to the membrane process, a conventional process was engineered and priced. The membrane process proved economically viable and was implemented using a design / build project delivery approach. PUBLICA TIONS RabalaiS, G.P., "Membrane F'iltration of Dirty F'i1ter Backwash Waste,t' presented at the Joint Conference of the Water Environment Association of Texas and American Water Works Association, Texas Section (Texas Water 2003), Corpus Christi TX, April 1-4. 2003. RabalaiS. G.P.. "Enhanced Coagulation for Compliance with the stage 1 D/DBP Rule," presented at the Joint Annual Conference of the American Water Works Association and Water Environment Association of Texas. TX. April 2000. Rabalais, G.P.. Wel. Y., "Ozone as an Alternative Disinfectant," presented at the Joint Annual Conference of the Water Environment Association of Texas and the American Water Works Association, Texas Section. TX, April 2000. Rabalais, G.P., "Trends in Technology - Alternatives for Compliance with the Interim Enhanced SWTR and the stage 1 D/DBP Rule," presented at the Texas Water Utility Operators Short School, March 2000. RabalaiS, G.P.. Hulbert. R.W., "Requirements of the Disinfection By.products Rule," presented at the Joint Annual Conference of the American Water Works AssoCiation and Water Environment Association of Texas. TX, April 1999. Rabalais, G.P,. "Trends in TechnOlogy - Membrane F'iltration," presented at the Texas Water Utility Operators Short School, March 1999. Rabalais, G.P., Hulbert. R.W., "Implementation of a Large Scale Pilot F'acility for the East Purification Plant," presented at the Houston lighting and Power Municipal Water/Wastewater Seminar, Houston TX, August 1997. Rabalais, G.P., Joyce, J.J., Taylor. F., Evans, K., "Odor Control in Pensacola, F'lorida," presented at the JOint Annual Conference of the American Water Works AssociatiOn Florida Section / Florida Water Pollution Control Association / Florida Water and Pollution Control Operators Association, Miami FL, November 14-18. 1987. .... ~ ~'" ~ ::; =-::. ~,,-~-~\>7'::"'~"'-- _~.-=- ~& .:;'~~ -I-~__-,. _. ~~~~ov :~~ ":" ~-,-~~:~ ~:~n~ttj;-tl~~0:]1~_ J .:"~~ '-'.-o~ _: ~-<;~ .~ L;~0- t~_;"_- MALCOLM PIRNIE ~<'<- City of Denton Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade l '_ Rabalais, G.P., Chow, B.M., White, S.c., "Design for Computer-Aided Water Resource Planning," Water Forum '86: Water Issues in Evolution, M. Choriomas, G.R. Baumli, W.J. Brick, eds., Conference Proceedings, Vol. 2. ASCE Press, Washington DC, Augus11986. "7/:~~~~t;j~~~l~L .~._ _..~--=:~o~ ;:~~~~t~ .:i.__:O '_~ MALCOLM PIRNIE . ~I'" City of Denton ; Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ! Mr. Hoffman has served as Project Manager or Deputy Project Manager for several water treatment projects. His experience includes pilot studies, water quality and drinking water regulatory assessments, treatment process alternatives evaluations (including evaluations of disinfection strategies, advanced treatment strategies for taste and odor, etc.), plant design, pump station design, and construction administration. Mr. Hoffman has served in both technical support roles and in management roles requiring overall project team coordination. He is a past member of the Malcolm Pirnie UV Technology Team and a current member of the Malcolm Pirnie Ozone Technology Team. DETAILED EXPERIENCE II Trinity River Authority of Texas: Water Treatment Plant Expansion to 87 MGD I Arlington TX. Served as Deputy Project Manager for the preliminary and detailed design of a 15 MGD expansion of the Trinity River Authority's Tarrant County Water Supply Project Water Treatment Plant including the design of ozone generation and contact facilities (at 87 MGD). Performed project management duties and provided overall daily coordination of the project team. Technical responsibilities included development of the conceptual design, plant hydraulic profile, design of the ozone contactors layout and residual sampling stations, QC review of all facilities, drawings, and specifications, and coordination of the ozone design team. Plant hydraulics were assessed to identify improvements to accommodate eventual build-out capacity of the plant and include settled water ozone contactors in the hydraulic profile. · Trinity River Authority: Pilot-Scale Study & Preliminary Engineering Report I Arlington TX. Served as Deputy Project Manager and chief pilot operator for the pilot study and preliminary engineering project at the Trinity River Authority's water treatment plant. Pilot-scale studies were performed at the plant using a mobile pilot unit to evaluate chlorine dioxide, ozone, coagulation, and filter performance. Additional responsibilities included working with the project team to establish a recommended program to expand the water plant to build-out capacity using a combination of treatment processes including ozone and UV technology to meet drinking water regulations, provide aesthetically pleasing water, and position for future rule requirements. The study included the development of several treatment process alternatives, incorporating various technologies and treatment strategies, that were evaluated based on weighted, economic and non-economic factors established with the Authority. · City of Bonham: Water Treatment Process Evaluation I Bonham TX. Served as Project Manager for a process evaluation of the water treatment plant. Evaluated different treatment alternatives for implementation along with plant improvements to renovate the existing facilities. The project included the use of an evaluation matrix to rank alternatives based on economic and non-economic factors. This included Robert W. Hoffman Project Role: Civil Design Title/Firm: Sr. Project Engineer Malcolm Pirnie.lnc. Years of Experience 8 Education BS Civil Engineering University of Illinois at Urbana-Champaign 1995 MS Environmental Engineering University of Illinois at Urbana-Champaign 1997 Licenses and Certifications Professional Engineer Professional Training Accredited Pricer PM System Training Project Leadership and Management Proposing to Win (lunch seminar) Technical Writing Workshop Special Recognition Malcolm Plrnie, Texas Teamwork and Communication Award, Fall 1998 Malcolm Pirnie, Texas Employee of the Year 1999 and 2001 Malcolm Pirnie, Texas Project Management Award, Fall 2003 International Ozone Association Regional Conference 2004 (presenter) Societies American Water Works Association Chi Epsilon - National Civil Engineering Honor Society Malcolm Pirnie Ozone Technology Team (member) Malcolm Pirnie UV Technology Team (past member} Employment History Malcolm Pirnie, Inc. 1997 to present U.S. Army Construction Engineering Research Laboratorv 1995 to 1996 ~18?6ojlDAl< ' MALCOLM PIRNIE . Ii!] I , -. CIty of Denton i . Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade i- the development of cost estimates for each alternative. Various treatment strategies were evaluated to address disinfection requirements, turbidity, taste and odor, organics, and disinfection by- products. · City of Lewisville: Expansion of C.R. Feaster Water Treatment Plant / Lewlsvllle TX. Served as Deputy Project Manager for the Lewisville water treatment plant expansion. Responsibilities included assisting with project management and design team coordination, design of chemical feed and storage systems, filters, piping, P&IDs, etc., and construction administration support. The project included various retrofits and rehab of the existing facilities to provide for a hydraulic expansion from 15 MGD to 20 MGD via high-rating the existing filter structures. · Guadalupe-Blanco River Authority: Western Canyon Water Treatment Plant / Canyon Lake TX. Served as Deputy Project Manager for the detailed design of a 10 mgd membrane filtration plant for the Guadalupe- Blanco River Authority. Responsibilities included overall team coordination and management, review of drawings and specifications, client interfacing, and assistance with the detailed design on portions of the project. · City of Fort Worth Information Collection Rule and Process Pilot Study / Fort Worth TX. Served as a team member and chief pilot plant operator for the City of Fort Worth Information Collection Rule and Process Pilot Study. Responsibilities included assisting with construction of the pilot facilities, operation of the pilot including ozone and GAC filter processes, preparation of water quality and regulatory assessments, and preparation of the process study technical report including a submittal to the State. · Gulf Coast Water Authority: Thomas Mackey Water Plant Expansion / Texas City TX. Design engineer for the design of a 25-mgd filter expansion to the Authority's 25-mgd conventional water plant. The filters included granular activated carbon media, air scour and surface wash. PUBLICATIONS Hoffman, R.W., McCollum, R.G., Dassanayake, c.y., Chowdhury, Z. K., "From Study to Design: Ozone Provides Both a Long-Term Solution to Achieve Water Quality Goals and a Remedy for Taste and Odor Headaches for a Water Treatment Plant In Good Ole' Texas," presented at the International Ozone ASSOCiation - Pan-American Group Annual Conference, Windsor, Ontario, Canada, September 14, 2004. Colton, C.A., Pressman, J.G., McCollum, R.G., Hoffman, R.W., "Site Specific Water Quality and Hydraulic Considerations for UV Disinfection System Designs," presented at the Joint Conference of the Water Environment Association of Texas and American Water Works ASSOCiation, Texas Section (Texas Water 2004), Arlington TX, April 5-8.2004. :~.;~~7E.~:~;~~j c~; - M1ll26b1!I)P.l -- -. ;- ," :;",;~' ::<): _ __ _ _ ~____ ~- ____~~:- : T~~~~~~~W~~~~-_ >~~< ~;-= MALCOLM PIRNIE li!]' City of Denton I Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ) > Jim DeWolfe possesses a diverse and extensive background in all aspects of the drinking water industry, including process evaluation and design, training, operations and plant optimization, regulatory assessment and research. He is a registered professional engineer (PE) and certified water works operator (CWO). Mr. DeWolfe is a recognized expert in the management of water treatment residuals and process evaluations. From coagulant and source water evaluations, to clarification process studies, filter backwash optimization, to disinfection optimization, his holistic approach to overall treatment have earned him a reputation for client success. He also has served as principal investigator, co-principal investigator, and as an advisory committee member for numerous water treatment residuals research projects. The results of this research have been practically applied and resulted in substantial savings to individual utilities. DETAILED EXPERIENCE · Trinity River Authority: TCWSP Water Treatment Plant Expansion / Fort Worth, TX. Process Assessment Specialist for assessing the performance of the plant during construction of a major plant upgrade as well as startup advisor for integration of ozone. · Consolidated Mutual Water Company: Membrane Water Treatment Plant / Lakewood, CO. Startup specialist and process engineer for the Consolidated Mutual Water Company (CMWC) membrane plant. · Aqua Illinois Water Company: Water Treatment Residuals Management Study / Danville IL. Project and client manager for study to select preferred alternatives for management of lime softening residuals (LSR) generated by 26 mgd facility. · City of Aurora: Process Evaluation and Training / Aurora IL. Senior Operations Specialist responsible for focused evaluation of 40 mgd lime softening facility that utilizes both surface water and groundwater supplies. · City of Bethlehem: Treatment Alternatives Evaluation / Bethlehem PA. Assistant Project Manager for project to determine preferred treatment alternative for 32 mgd direct filtration plant. · City of West Palm Beach: Comprehensive Performance Evaluation / West Palm Beach FL. Team Leader for CPE of 46 mgd conventional water treatment plant utilizing enhanced precipitative softening for removal of DBP precursors, and possessing complex interprocess features and treatment challenges. II City of Wilmington. DE: Operational Assistance / Wilmington DE. Project Manager for on-site emergency operations support at the 20 mgd Brandywine Filter Plant (BFP) on collaborative project with Malcolm Pirnie Inc. (MPJ). Trained operators to manage facility operations under routine and excursion source water events. · Latham Water: Coagulation Modifications for DBP Control / Colonie NY. Provided on-site assistance to guide the implementation of an acid ..w.t'2Wt~k::~~li_"~~._ ~ =--,...~~" ~~ ., --~,.:-:;..,..- . ~_.-~:..;;; _;;i.,,~:_ " Jim R. DeWolfe Project Role: Operations Title/Firm: Sf. Project Engineer Malcolm Pirnie, Inc. Years of Experience 17 Education Program completed in BSCEE Environmental Engineering Pennsylvania State University 1987 Program completed in MSEnv Environmental Engineering Pennsylvania State University 1990 Licenses and Certifications Water Treatment Plant Operator Class 1 Societies American Water Works Association American Water Works Association, Pennsylvania Section, NC District Trustee Water Works Operators Association of Pennsylvania Employment History Malcolm Pirnie, Inc. 2005 to present McGuire Environmental Consultants 2002 to 2005 Sear-Brown (Stantec) 1998 to 2002 Gannett Fleming 1992 to 1998 American Water Works Service Co. 1989 to 1992 :~~ MALCOLM PIRNIE City of Denton ~ . Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ feed system to lower coagulation pH to enhance the removal of OBP precursors. Services also included guidance to modify point of application of chlorine. II New Jersey Water Supply Authority: Treatment Plant Optimization I NJ. Senior Operations Specialist for assessment and sUbsequent guidance of recommended improvements for 6 mgd surface water treatment facility utilizing preozonation. · Philadelphia Suburban Water Co.: Residuals Management Plan I Bryn Mawr PA. Project and Client Manager for study involving forensic investigation at six Consumers Water Company (subsidiary of PSWC) facilities located in Pennsylvania, Ohio and Illinois. · Santa Fe District and San Dieguito Water District: Master Planning Update I Rancho Santa Fe CA. Sr. Project Engineer for Master Plan Update, a study for the R.E Badger Water Filtration Plant, which is jointly owned and operated by SFID and SOWD. Evaluated the performance of the existing water treatment processes and to achieve compliance with current and foreseeable future water quality and water treatment regulations. This included Stage 2 D/DBP Rule, Long Term 2 ESWTR, and the Filter Backwash Recycling Rule (FBRR). · Town of Crested Butte: Integrated Membrane System Design I Crested Butte CO. Sr. Technical Leader and Project Manager for Comprehensive Performance Evaluation (CPE) of water treatment plant and assessment of all water resource and distribution systems. Intensive CPE resulted in on-site correction of treatment issues that lead to successful operation and compliance of conventional water treatment facility. Project Manager for pilot testing and design of integrated microfiltration (MF) membrane processes, including strategy to retrofit for multiple barrier protection including pretreatment via coagulant addition and clarification, and ultraviolet (UV) disinfection. · Western Berks Water Authority: Dissolved Air Flotation Plant Optimization I West Redding PA. Project and Client Manager for extended services to optimize operations of 8 mgd OAF plant. CPE performed to assess overall operation, followed by continued services to correct high priority PLFs. · AWWA Research Foundation: Guidance Manual for Coagulant Changeover I Denver CO. Principal Investigator to develop a manual for planning and implementing coagulant changeovers. Includes benchmarking of existing treatment processes, identifying motivations for changing coagulants, and quantifying anticipated and unanticipated impacts. Includes nationwide case studies of coagulant changeovers, and how this practice impacts the short and long term operations and subsequent facility planning. · New Jersey American Water Company: Dissolved Air Flotation Plant Evaluation I Howell Township NJ. Project manager for evaluation of new 10 mgd OAF plant. Services provided to optimize water treatment facility that treats highly variable raw water quality. Activities included the assessment of existing OAF infrastructure, historical OAF performance, pretreatment techniques (including jar testing), and water c'~/~' ';jcg~~~:c ~J--;" MALCOLM PIRNIE City of Denton ~ : Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ ! Quality data. Recommendations included reconfiguring the recycle pump piping, installing new recycle pumps, modifying the recycle nozzle type/configuration, optimizing pretreatment chemical dosing, and developing standard operating procedures. · New Jersey AmerIcan Water Company: Pre-ozonation Facility Start- up I Howell Township NJ. Project and client manager for services to assist with the start-up of a pre-ozone facility for the 46 mgd Swimming River WTP. II Colorado Dept. of Public Health and Environment: CPE Services I Denver CO. Sr. Technical Leader for statewide contract to conduct Comprehensive Performance Evaluations (CPEs) at 67 water treatment plants in response to facilities not meeting 3-log Cryptosporidium inactivation. · Monroe County Water Authority: ClearweU Baffling Improvements I Rochester NY. Sr. Technical Leader on one of nation's largest (150 mgd) direct filtration facilities. PUBLICATIONS DeWolfe, J.R., "Chloramination," presented at the Annual Conference of the Water Works Operators' Association of Pennsylvania, Reginald B. Williams Workshop, State College PA, August 2003. DeWolfe, JR., Dempsey, B., Taylor, M., Potter, J.M., "Guidance Manual for Coagulant Changeover," published by the American Water Works Association and AWWA Research Foundation, 185 pp., Softbound, May 2003. DeWolfe, J.R., "lOSE & DBPs: Finding Your Distribution System Hot Spots," presented at the Joint Conference of the Water Works Operators' Association of Pennsylvania and the Pennsylvania Section of the American Water Works Association, Grantville PA, April 2003. DeWolfe, J.R., "Surface Water Quality Protection with Water Treatment Residuals," presented at the Joint Residuals and Biosolids Management Conference of the American Water Works ASSOCiation/Water Environment Federation, Baltimore MD, February 19-22,2003. DeWolfe, J.R., "Chloramination -- Design and Operational Considerations," Training Newsletter, Train-the-Trainer Series, Environmental Training Center, Pennsylvania State University at Harrrsburg, Middletown PAr November 2002. DeWolfe, J.R., "Enhanced Coagulation," presented at the Annual Conference of the Water Works Operators' Association of Pennsylvania, Reginald B. Williams Workshop, State College PA, August 2002. Harish, A., DeWolfe, J.R., Lee, R.G., Grubb, T.P., "Evaluation of Dissolved Air Flotation Process for Water Clarification and Sludge Thickening," Water Science and Technology, Vol. 31, No. 3-4, pp. 137-147, 1995. IWA Publishing. DeWolfe, JR.. "Capital Cost Impacts of the 1986 SDWA Amendments to the American Water System," Report for the American Water Works Service Company, 1990. .- -~ - ~la2~1 ~ ~ttf c~:~i~T~ ~ ,. , - .- - ,,'---- ----" MALCOLM PIRNIE City of Denton ~ . Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ i Michael J. McGuire is a nationally recognized leader in the field of drinking water treatment. Until recently he was president and founder of McGuire Environmental Consultants, Inc., now a part of Malcolm Pirnie, Inc., where he is a vice president. His career includes research in water treatment, 13 years of service at the Metropolitan Water District of Southern California where he served as Director of Water Quality and assistant general manager, and consulting services to water utilities and industries, particularly in the areas of Safe Drinking Water Act Compliance and water treatment optimization. A registered professional engineer in California, Pennsylvania, Texas, New Jersey, and Arizona, Dr. McGuire is a widely published author, has edited several works on activated carbon treatment and taste and odor control, and has presented numerous seminars at major research centers in the U.S., Europe, and Japan. He is a diplomate of the American Academy of Environmental Engineers. Dr. McGuire has served on the National Research Council Drinking Water Contaminants Committee. He has been active in AWWA, holding numerous offices at the local and national level. He received AWWA's George Warren Fuller award in 1994 and the Publication Award in 2001. DETAILED EXPERIENCE · American Water Works Association Research Foundation (AWWARF): 30S-Long Term Disinf / Denver CO. Long Term Effects of Disinfection Changes on Water Quality. · American Water Works Association Research Foundation: ICR Data Analysis Compilation / Denver CO. Compilation of papers from the Technology Working Group dealing with analysis of ICR data. · American Water Works Association Research Foundation: M-DBP Research Council Report and Future Research Priorities Workshop / Denver CO. Prepared a report on DBP Research Needs and held a workshop to explore those needs. · American Water Works Association: 18 AWWA Policy / Denver CO. Assessment of alternative policy approaches for the development of the drinking water regulations · American Water Works Association: Stage 1 D/DBPR and IESWTR Training / Denver CO. Developed materials and presented 9 training seminars on the new regulations. · AwwaRF: Tailored Collaboration Testing Slow Sand Filtration and NF / Denver CO. Pilot testing of Slow Sand and other Biological Treatment Processes. · Central Coast Water Authority: Evaluation of State Project Water Taste and Odor Problem / Buellton CA. Assessed T &0 problem for CCWA related to State Water Project. · Central/West Basin Municipal Water District: Central/West Basin Expert Panel/ Carson CA. Convened and managed two workShops of an - M182~~}-6ir~~i~i;i~:l~~-~~{~~~~~~t: ~ -" '~-~~:_:<::-~=:: ,~_L_~ Michael J. McGuire Project Role: Quality Control Title/firm: Vice President Malcolm Pirnie, lnc. Years of Experience 37 Education BSCE Civil Engineering University of Pennsylvania 1969 MSEnv Environmental Engineering Drexel University 1972 PhO Environmental Engineering Drexel University 1977 BMC Management University of Southern California 1991 Licenses and Certifications Professional Engineer Diplomate, American Academy of Environmental Engineers Water Quality Laboratory Analyst, Grade 4 (CA-NV AWWA) Employment History Malcolm Pirnie, Inc. 2005 to present McGuire Environmental Consultants, Inc. 1992 to 2005 The Metropolitan Water District of Southern California. Los Angeles, California 1979 to 1992 Brown and Caldwell Consulting Engineers 1977 to 1979 Drexel University 1973 to 1977 Philadelphia Water Department 1969 to 1973 MALCOLM PIRNJE , ;-i.~ City of Denton ~ Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ I . expert panel to assist Central/West Basin in attaining 100% recycle injection in seawater barrier. lI'i City of Glendale: Glendale USEPA / Glendale CA. Assisted Glendale in Efforts to Achieve EPA Approval Regarding GWTP Supply. III City of Pasadena: Nitrification Control and Monitoring Plan / Pasadena CA. Evaluated Pasadena's nitrification control program and prepare a plan for DHS. !II City of Phoenix: Lake Pleasant Pilot Plant Project / Phoenix AZ. Expert panel to assist engineer in choosing unit process for new WTP in light of new regulations. . City of Yuma: Yuma Distribution System Master Plan / Yuma AZ. Developed a master plan for the Yuma. AZ distribution system and treatment plant. · Consortium of American R. Water Utilities: American River Sanitary Survey / Sacramento CA. Reviewed sanitary survey report prepared by Jeanne Wallberg. · Contra Costa Water District: Assist CCWD Converting to Free Chlorine to Control Nitrification / Concord CA. Assist CCWD Converting to Free Chlorine to Control Nitrification. · DBP Research Council c/o AWWARF: ICR Data Analysis Book Project / Denver CO. Compiled papers describing the analysis of ICR data and publish as a book. . East Bay Municipal Utilities District: American River Water Quality Study / Oakland CA. Evaluate the American River as a source of supply for EBMUD. · East Bay Municipal Utility District: EBMUD Freeport / Oakland CA. Assessment of Freeport Diversion Point for EBMUD Water Supply. · Environmental Protection Agency: stage 2 FACA Negotiation / DC. Support to the negotiating committee and the facilitators at Resolve. · General Chemical Corporation: Determination of Priority Pathogens for Regulation / Syracuse NY. Markweise, et aL V. General chemical Corporation, et al. Consultant and expert services re: use of PAC in Milwaukee, WI in 1993. · Main San Gabriel Basin Watermaster: Evaluation of APT /Ozone- Hydrogen Peroxide System I Azusa CA. Evaluated process and WQ data from APT. · Metropolitan Water District of Southern California: Consulting services / Los Angeles CA. Provision of consulting services to the Metropolitan Water District of Southern California to assist them in estimating the cost of granular activated carbon treatment. II National Water Research Institute: Blue Ribbon Panel on San Diego's Water Repurification Project / Fountain Valley CA. Expert panel member reviewing work done to date and making recommendations for the future. II New York City Department of Environmental Protection: Expert Panel on the New York City Department of Environmental Protection's Distribution Coliform Monitoring Plan. Served on panel. March-June 1995. ... .~~t.fic;~~tJf~rH~f:;i[ -::.~t~-.:::- ~ ,-g.: :J-f-; ~~~'~h ~ < ~'. -:;. ~:(~.; MALCOLM PIRNIE City of Denton ~ I Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ I . I U Phoenix Water Department: Phoenix Water Quality Master Plan! Phoenix AZ. Create water quality goals and assess technologies and processes to achieve these goals on a system-wide basis. Ii Santa Fe Irrigation District: R. E. Badger Water Treatment Plant Master Plan! Rancho Santa Fe CA. Assessed drinking water regulatory issues and provide WTP master plan for Badger plant II South Tahoe PUD v. Arco et al.: MTBE STPUD! Los Angeles CA. Expert witness services to law firm representing major oil companies in MTBE groundwater contamination lawsuit .. Tampa Water Department: Tampa Red Water Investigation by Expert Panel! Tampa FL. Helped Tampa Water Department to solve a bad red water problem that resulted from unusually high chlorides. . Tampa Water Department: Tampa Water Department Bench Scale Investigation into Corrosion Control Options! Tampa FL. Used the bench scale system developed in Tucson to figure out best chemistry mix to stop red water with high chlorides. . Tucson Water: 30-Tucson Clearwater! Tucson AZ. Provided water Quality support to Tucson Clearwater/CA VSARP Project Study nitrification control. . u.S. Environmental Protection Agency: Various Professional Assignments. . Technologies Working Group, FACA Committee, Microbial-Disinfection By-Products Rule, Washington, D.C., 1999 through 2000 · Technologies Working Group, FACA Committee, Disinfectants/Disinfection By-Products Rule, Washington, D.C., 1996 through 1997 · Technologies Working Group, Regulatory Negotiation Committee, Disinfectants/Disinfection By-Products Rule, Washington, D.C., September 1992 through October 1993 · Participant in Third U.s. EPA!AWWARF Intergovernmental Meeting with Japan, Los Angeles, California, September 1992 · Participant in Second Joint U.S. EPA/ AWWARF Intergovernmental Meeting with Japan, Tokyo, Japan, July 1990 · Best Available Technology Peer Review Workgroup, 19871990 · U.S. EPA!AWWA Research Foundation Workshop on Volatile Organic Compounds, Reno, Nevada, · June 29 30, 1982, Chair, Treatment and Costs Workgroup · Technical Review of "Treatment Techniques for Controlling Trihalomethanes in Drinking Water," · EPA 600/2 81156, 1981 · Discussant--Protocol Development, Criteria and Standards for Potable Reuse and Feasible · Alternatives, Airlie House, Warrenton, Virginia, July 29 30, 1980 . Other Assignments. International Ozone Association, International Board of Directors, Member 1992-1995; · Management Development Club of the Metropolitan Water District, President 1985; · University of California, Water Quality Task Force, 1987-88; ~ "j.i.f8a6Ii1t~E- - . . --. MALCOLM PIRNIE City of Denton ~ I' - Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ ! · New York City Department of Environmental Protection, Expert Panel on the New York City Department of Environmental Protection's Distribution Coliform Monitoring Plan, March-June 1995 iii Recognitions. 1978 Academic Achievement Award, American Water Works Association; George W. Fuller Award, American Water Works Association, 1994; · Chair's Award, 1987, 1988 and 1995: California-Nevada Section, American Water Works Association; · 2001 Publication Award, American Water Works Association; 2001 Water Quality & Technology Division Best Paper Award, American Water Works Association; · Executive Committee, Member 1994-1996, American Water Works Association; · Board of Directors, Member 1993-1996, American Water works Association; · Water Quality and Technology Division, Trustee 2004-present, American Water Works Association; · Taste and Odor Committee, Member 1983-85, 2000-2004; Chair 1993-1998; · Liaison as Trustee of the Water Quality and Technology Division 2004-present, American Water Works Association; · Ad Hoc Committee to develop training materials for the Information Collection Rule, 1996, American Water Works Association; · Converting to Chloramines Webcast, Participant, May 2004, American Water Works Association; · Disinfectants and Disinfection By-Products Satellite Teleconference, Participant, October 15, 1993, American Water Works Association; · Technical Advisory Workgroup--Disinfection and Disinfection By- Products, Member 1992-93, 1997, 1999-2000, USEPA; Education Division; · Trustee 1980-84, Chair 1982-83, American Water Works Association; · Joint Training Coordinating Committee, AWWA Representative, 1980 -1983, Vice Chair 1982-83, American Water Works Association; · Standard Methods Committee, Chair of Joint Task Group on Closed Loop Stripping Analysis for Taste and Odor Organics in Water, 16th Edition, 1980-84, American Water Works Association; · Organic Contaminants Research T&P Committee, Member 1980- 1982, American Water Works Association; · National Director, 1993-1996, American Water Works Association- -California-Nevada Section; · Chair, 1991-1992, American Water Works Association--California- Nevada Section; '_.M-l';:~6-'01" "fO".A-.';'.' ".-.: ."._.--.'-...._.'.-,..--.~_-~.~-~~.~.-;.-.-.."t----- ..., - -< ~ < - =. _ ~ _ _ .o:~~ ,c I*;_>~::h..~0~ - "'-;_~_-A.-~:': ~'>-_ .c.:..-~":-_=-=_ MALCOLM PIRNIE City of Denton ~ Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ · Chair-Elect, 1990-91, Vice-Chair 1989-90, American Water Works Association, California-Nevada Section; · Executive Committee, 1989-1996, American Water Works Association--California-Nevada Section; · Governing Board Member, 1984-1987, 1989-1996, American Water Works Association--California-Nevada Section; · Ad Hoc Total Coliform Rule Committee, 1990, American Water Works Association--California-Nevada Section; · Ad Hoc Surface Water Treatment Committee, 1988-90 · Safe Drinking Water Act Committee, Chair 1984 1987; Member 19841998 · Home Water Treatment Device Subcommittee, Chair 19861987; · Technical Program Committee, Chair 1990-91; · Task Committee with Department of Health Services to Develop Guidelines for Proposed Drinking Water Standards, Member 1986-88; · Water Quality and Resources Division, Trustee 1981 85, Chair 1983-1984; · Education Administrator, 1978-81; · Water Treatment, Fee Structure, Program, Desalination and Water for People Committees, Member; · AMERICAN WATER WORKS ASSOCIATION RESEARCH FOUNDA TION · Microbial and Disinfection By-Product Research Needs Expert Workshop, Co-Chair 1993; · Board of Trustees, Member 1983-86; · Ad Hoc Advisory Committee on AWWARF's Role in Health Effects Research, 1986; · Project Advisory Committees, Taste and Odor, Algae Control, Surrogates, and Chloroorganics Projects, 1983-86; · Association of Metropolitan Water Agencies · Board of Directors, 1990-1992; · Subcommittee on Disinfection and Disinfection By Products, Chair, 1988-1990; · International Water Association (formerly International Association on Water Quality); · Keynote Speaker, Seventh International Symposium on Off Flavors in the Aquatic Environment, October 3-7,2005, Cornwall, Canada; · Keynote Speaker, Fourth International Symposium on Off Flavors in the Aquatic Environment, October 2-7,1994, Adelaide, Australia; · Specialist Group on Tastes and Odors in Drinking Water, 1983 present; · Organizing Committee, Third International Symposium on Off Flavors in the Aquatic Environment, March 3 8,1991, Los Angeles, California, Chair 1987-1991; · u.S. Environmental Protection Agency . ~.I"'_.~ Lj~;~lj%~~i:~3"~; .c~_~ ~-,.., .o...~_ MALCOLM PIRNIE City of Denton ~ r Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ i · Technologies Working Group, FACA Committee, Microbial- Disinfection By-Products Rule, Washington, D.C., 1999 through 2000; · Technologies Working Group, FACA Committee, Disinfectants/Disinfection By-Products Rule, Washington, D.C., 1996 through 1997; · Technologies Working Group, Regulatory Negotiation Committee, Disinfectants/Disinfection By-Products Rule, Washington, D.C., September 1992 through October 1993; · Participant in Third U.S. EPA!AWWARF Intergovernmental Meeting with Japan, Los Angeles, California, September 1992 · Participant in Second Joint U.S. EPA!AWWARF; · Intergovernmental Meeting with Japan, Tokyo, Japan, July 1990; · Best Available Technology Peer Review Workgroup, 1987-1990 · U.S. EPA/AWWA Research Foundation Workshop on Volatile Organic Compounds, Reno, Nevada, June 29-30, 1982, Chair, Treatment and Costs Workgroup; · Technical Review of "Treatment Techniques for Controlling Trihalomethanes in Drinking Water:' EPA 600/2 81156, 1981 · Discussant--Protocol Development, Criteria and Standards for Potable Reuse and Feasible; · Alternatives, Airlie House, Warrenton, Virginia, July 29-30, 1980; · National Academy of Sciences--Safe Drinking Water Committee; · Consultant. Subcommittee on Adsorbents and the Water Treatment Process Chemical and Toxicological Effects, 1980 · National Research Council; · Drinking Water Contaminants Committee, 1998-99; · California Department of Health Services · Ad Hoc Committee responsible for planning compliance with and determine the impact of AB1803; · Task Force for Chloramines Removal in Kidney Dialysis Facilities, Member 1984-85; · California Department of Water Resources · Potable Reuse Committee, Member 1993-1995 · Societies. American Chemical Society; American Society of Civil Engineers; American Water Works Association (Vice President, 1994- 1996); Association of Metropolitan Water Agencies (Board of Directors, 1990-1992); International Water Association; National Groundwater Association; National Society of Professional Engineers; Sigma XI Scientific Research Society; Water Environment Federation PUBLICATIONS Blute, N.K., McGuire, M.J., Qin, G., Kavounas, P., "Hexavalent Chromium Removal from Drinking Water Using Weak Base Anion Exchange Technologies," presented at the Inorganic Contaminants Workshhop of the American Water Works AssoCiation, Austin TX. January 29-31, 2006. Seidel, C.J., Blute, N.K., McGuire, M.J.. Byerrum, J., "Field Testing of Single Use Ion EXChange Resins for Perchlorate Removal," presented at the Inorganic ."'~/"t_~ {!'lfl:'c~fil MALCOLM PIRNIE City of Denton ~ Preliminary Desiqn of Lake Lewlsville Water Treatment Plant Upqrade ~ i : Contaminants Workshhop of the American Water Works Association, Austin TX, January 29-31,2006. McGuire, M.J., Kerstiens, J.M., "Nitrification Risks Associated with Conversion to Chloramines Disinfection," Chapter 4 (pp. 61-82) in Distribution System Water Quality Challenges in the 21st Century: A Strategic GUide, M.J. MacPhee, ed. American Water Works Association, Denver CO, 2005. Graziano, N., McGuire, M.J., Roberson, A., Adams, c., Jiang, H., "Tracking Atrazine in the United States: Implications for Regulation," Proceedings, 124th Annual Conference and Exposition of the American Water Works Association, San Francisco CA, June 12-16, 2005. Seidel. c.J., McGUire, M.J., Fong, L., "Five Years After Erin Brockovich: What's With Hexavalent Chromium?," Proceedings, 124th Annual Conference and Exposition of the American Water Works Association. San Francisco CA, June 12-16,2005. Seidel. c.J., McGuire, M.J., Blute. N.K., Qin, D., Fong, L., "Field Pilot Testing of Hexavalent Chromium Removal by Reduction, Precipitation, and Coagulation," Proceedings. 124th Annual Conference and Exposition of the American Water Works Association, San Francisco CA, June 12-16, 2005. Seidel, c.J., McGuire, M.J., Summers, R.S., Via, S., "Have Utilities Switched to Chloramines? Results from the AWWA Disinfection Practices Survey," Proceedings, 124th Annual Conference and Exposition of the American Water Works Association, San Francisco CA, June 12-16, 2005. Blute, N.K., McGuire, M.J., Qin, D., Seidel, c.J., Fong, L., "Removing Hexavalent Chromium by Ion Exchange: A Suite of Pilot-Scale Results," presented at the 124th Annual Conference and Exposition of the American Water Works Association, San FrancISCo CA, June 12-16. 2005. Graziano, N., McGuire, M.J., Roberson, A., Adams, C., Jiang. H., Blute, N.K., "2004 National Atrazine Occurrence Monitoring Program Using the Abraxis ELISA Method," peer-reviewed 2005 for submittal to the Journal of the American Water Resources Association. McGuire, M.J., Pearthree, M.S., Blute. N.K., Arnold, K.F., Hoogerwerf, T., "Pilot~Scale Confirmation of Nitrification Control by Chlorite lon," peer-reviewed 2005 for submittal to the Journal of the American Water Works Association. Graziano, N., McGuire, M.J., Adams, c., Roberson. A., Jiang, H., Blute, N.K., "2003 National Atrazine Occurrence Monitoring Program Using the Beacon ELISA Method," peer-reviewed 2005 for submittal to the Journal of the American Water Works Association. Qin, G.. McGuire, M.J., Blute, N.K., Seidel, C.J.. Fong, L., "Pilot Studies of Hexavalent Chromium Removal in Drinking Water by Ion Exchange," peer-reviewed 2005 for submittal to Environmental Science and Technology. McGUIre, M.J., Blute. N.K., Seidel, c.J., Qin, G., Fong, L., "Pilot-Scale Studies of Hexavalent Chromium Removal from Drinking Water," peer-reviewed 2005 for submittal to the Journal of the American Water Works Association. McGuire, M.J., Pearthree, M.S., Blute, N.K., Hoogerwerf, T., Arnold, K.F., "Tucson Nitrification Control Pilot Study: A Significant Advance in the State of the Art of Implementinq Chloramines in a Desert Environment," presented at the 78th Annual Conference and Exposition of the Arizona Water and Pollution Control Association, Mesa AZ, May 4-6, 2005. McGuire, M.J., Pearthree, M.S., Blute, N.K., Arnold, K.F., Hoogerwerf, T., "Process Optimization for Nitrification Control Using Minimal Levels of a Free Ammonia Stabilizer," presented at the Spring Conference of the American Water Works Association, California-Nevada Section, Industry Hills CA, April 5-8,2005. , '- -- '''''"~ec~if'~~~~~Jj~~'[~:G'"'' " ;~'''~... 2" MALCOLM PIRNIE City of Denton ~ . Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ I .. _. Blute, N.K., McGUire, M.J., Hamilton, C., "Why Are There Leopard Spots Floating on My Reservoir?," invited speaker at the UCLA Department of Civil and Environmental Engineering, Los Angeles CA, February 8, 2005. Qin, G., McGuire, M.J., Blute, N.K., Seidel, c.J., Fong, L., "Pilot Studies of Hexavalent Chromium Removal in Drinking Water by Ion Exchang," Environmental Science and Technology, Vo. 39, No. 16, pp. 6321-6327, 2005. McGuire, M.J., Pearthree, M.S., Blute, N.K., Hoogerwerf, T., Arnold, K.F., "Pilot-Scale confirmation of Nitrification Control by Chlorite Ion," presented at the Water Quality Technology Conference, American Water Works ASSOCiation, San Antonio TX, November 14-17,2004. McGuire, M.J., Pearthree, M.S., Blute, N.K., Hoogerwerf, 1., Arnold, K.F. "Practical Aspects of Nitrification Control: Implementing Chloramines in a Desert Environment," Annual Tri-State Seminar On-the-Rlver, Pnmm NV, October 5, 2004. Graziano, N., McGuire, M.J., Frey, M., Roberson, A., Adams, C., Jiang, H., "Immunoassay Method Impacts on Measuring Atrazine Occurrence in the United States," presented at the Annual Conference and Exposition of the American Water Works ASSOCIation, Orlando FL, June 13-17, 2004. Brandhuber, P., Frey, M., McGuire, M.J., Chao, P., Seidel, c.J., Amy, G., Yoon, J" McNeill, L., Banerjee, K., "Low-Level Hexavalent Chromium Treatment Options: Bench-Scale EvaluatIOn," American Water Works ASSOCiation Research Foundation, Denver CO, 2004. McGuire,M.J., Graziano, N., "Trihalomethanes in U.S. Drinking Water: NORS to ICR," Information Collection Rule Data AnalYSIS, M.J. McGuire, J.L. McLain, and A. Obolensky, eds. American Water Works Association Research Foundation, Denver CO, 2003 McGuire, M.J., Hund, R., Burlingame, G., Graziano, N., "Assessment for Taste and Odor Event Preparedness," presented at the Water Quality Technology Conference and Exhibition of the American Water Works Association, Seattle WA, November 10-14, 2002. McGUIre, M.J., Lieu, N.I., Pearthree, M.S. "Chlorite Ion Control of Nitrification," presented at the Spring Conference of the American Water Works Association, California- Nevada Section, Ontano CA, April 13, 1999. McGUIre, M.J., "Performance Evaluation for Water Works Case History: Treatment Optimization for the Removal of Asbestos Fibers," presented at the Performance Evaluation of Water Works, Roundtable, Ban-Hsin Water Treatment Plant, Taiwan, March 31, 1999. McGUIre, M.J., "Risk Trade-Offs in Water Treatment: Balancing Risks in an Uncertain World," presented at the Utah Rural Water Association meeting, SI. George UT, February 26, 1999. McGuire, M.J., "Taste and Odor Problems in Surface Water Supplies: Causes and Cures," presented to the Environmental and Treatment Plant Staff, Golden CO, February 24, 1999. McGuire, M.J., "The Information Collection Rule Story: A Water Quality Database Case History," Proceedings, Fifth International Workshop for Drinking Water Quality Management and Treatment Technology, Taipei, Taiwan, March 29, 1999. McGuire, M.J., "Chasing the Regulatory Target: Compliance in the Face of Uncertainty," presented at the First Annual Utah Water Quality Alliance meeting, SI. George, Utah, February 26, 1999. McGuire, M.J., Lieu, N, Pearthree, M.S., "Minimizing Chlorinous Odors While Maximizing Distribution System Disinfection," presented at the 1998 Water QualIty Technology Conference. American Water Works ASSOCiation, San Diego CA, November 1, 1998. . ~,{..t;;~l~~~ll~fJr"'~~L~ ~~!0 ;::'"':;-?s :..:"~~; - ,c"'" MALCOLM PIRNIE City of Denton ~ Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ . McGuire, M.J., "Limitations of ICR Methods and Data," presented at the Conference of the American Water Works Association, California-Nevada Section, Reno NV, October 9, 1998. Chowdhury, Z.K., Swanson, W.J., McGuire, M.J., Edwards, M.A., "Minimizing Iron Release from Old Water Service Lines: Development of an Innovative Bench-Scale Testing Approach," presented at the Annual Conference of the American Water Works Association, Dallas TX, June 1998. McGuire, M.J., "City of Tucson Customer Focus on Water Quality Program: A Unique Integration of Public Involvement and Technical Issues," presented to the Arizona Geological Society, Tucson AZ, June 2, 1998. Stocking, A.J., McGuire, M.J., Suffet, M., Kavanaugh, M.C., "Taste and Odor Properties of Methyl Tertiary-Butyl Ether and Implications for Setting a Secondary Maximm Contaminant Level," Report, June 1998. Malcolm Pirnie, Inc., Oakland CA 94612. McGUIre, M.J., "Summary of Four Risk Prioritization Schemes," presented to the National Research CounCil, Drinking Water Contaminants Committee, Washington DC, May 28, 1998. McGuire, M.J., "Advances in Treatment Processes to Solve Off-Flavor Problems in Drinking Water," presented at the Fifth International Symposium on Off-Flavors in the Aquatic Environment, Paris, France, October 13-16, 1997. Chowdhury, Z.K., McGuire, M.J., Papadimas, S.P., Hoskinson, J.L., "Status of Water Treatment at the ICR Affected Utilities," Proceedings, Annual Conference of the American Water Works Association, Atlanta GA, June 1997. McGuire, M.J., "Drinking Water Regulatory Update: Compliance and the Impact of 'Change'," presented at the Clear Solutions-Water and Energy Conference, EPRI-CEC, Santa Monica CA, February 12,1997. McGuire, M.J., "The ICR Database as a Water Industry Information Resource," presented at the High Level Focus Group Meeting, AWWARF Project No. 359, Denver, Colorado, January 13, 1997. McGuire, M.J., "Technical Work Group Presentation," presented at the M-DSP Stakeholder Meeting, Washington, DC, January 28, 1997. McGuire, M.J. Roberson, J.A., "AWWA's Information Collection Rule Activities," presented at the Water Quality Technology Conference of the American Water Works ASSOCIation, Boston MA, November 20, 1996. McGuire, M.J. (mod.), "Roundtable - 'A-Team' Decodes ICR for Utilities," Journal of the American Water Works Association, Vol. 88, No. 11, pp. 20, 22, 24, 26, November 1996. McGuire, M.J., "AWWA's Information Collection Rule Activities," presented at the Information Collection Rule Compliance Seminars of the American Water Works Association, California-Nevada Section, Los Angeles and San FranCISCO CA, July 23-24, 1996. McGuire, M.J., "Understanding ICR Sampling and Initial Sampling Schematics," presented at the Information Collection Rule Compliance Seminars of the American Water Works ASSOCiation, California-Nevada Section, Los Angeles and San Francisco CA, July 23-24, 1996. McGUire, M.J., "Drinking Water Regulatory Update: Compliance in the Face of Uncertainty," presented at the Clear Solutions-Water and Energy Conference, EPRI- CEC, San Diego, California, June 5, 1996. McGuire, M.J., "Drinking Water Regulations: Compliance in the Face of Uncertainty," presented at the MISSOUri Section AWWA Conference, SI. Louis, Missouri, April 12, 1996. Mi~~fuj-~~~:~O~;t~1~J~~~4~l~~~~1~:~~,Y c- _~ ----.:-_ ^' ::l---=--_ _ ~ City of Denton ~ r' Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ I, McGuire, M.J., "Drinking Water Quality and Treatment-Balancing the DBP Risks," presented to the City of Fort Wayne, Division of Utilities, Fort Wayne, Indiana, April 8, 1996. McGuire, M.J" "Nitrification in Water Distribution Systems: Causes and Lessons Learned," presented to the Southern California Water Company, February 22, 1996. McGuire, M.J., "AWWA's Information Collection Rule Activities," presented at M!DBP Cluster Information Exchange Meeting, RESOLVE, Washington, D.C., May 10, 1996. McGuire, M.J., Kasper, D.R., Sudak, R.G., "Best Available Technology-Criterion 1," presented at a Technical Symposium on Planned Surface Water Augmentation USing Advanced Treated Reclaimed Water, WaterReuse, San Diego, California, May 17,1996. Suffet, l.H., Corado, A., Chou, D., McGUire, M.J. Butterworth, S., "AWWA Taste and Odor Survey," Journal of the American Water Works Association, Vol. 88, No.4, pp.168- 180, April 1996. Roberson, J.A., Cromwell, J.E., Krasner, S.W., McGuire, M.J., Owen, D.M., Regll, 5., Summers, R.5., "The D/DBP Rule; Where Did the Numbers Come From?," Journal of the American Water Works Association, Vol. 87, No. 10, November 1995. McGuire, M.J., "How Effective is Disinfection Against Cryptosporidium?," presented at the Fall Conference, California-Nevada Section, American Water Works Association, Santa Clara, California, October 17, 1995. McGuire, M.J., "Disinfection of Cryptosporidium: Optimization through Understanding the Basics," presented at the Water Treatment Optimization for Cryptosporidium Reduction Workshop, California-Nevada Section, American Water Works Association, Sacramento. California, October 30,1995. McGuire, M.J., "Drinking Water Quality and Treatment-Regulations Driving Compliance Strategies," presented at the Clear Solutions-Water and Energy Conference, EPRI-CEC, San FranCISCO, California, February 10, 1995. Berberich, C.W. (mod.), "Roundtable -On-line Communication," Journal of the American Water Works Association, Vol. 87, No, 8, pp. 22-28, August 1995. Hrudey, S.E., McGuire, M.J., Whitfield, F.B. (Eds.), "Off-Flavours in the Aquatic Environment 1994," Proceedings, of the 4th International Symposium on Off-Flavors In the Aquatic Environment. Adelaide, Australia, October 2-7,1994, Pergamon, Water Science & Technology, vol. 31, no. 11. 1995. Roberson, J.A., Cromwell, J.E., Krasner, S.W., McGuire, M.J., Owen, D.M., Regli, S., Summers, R.S., "The D/DBP Rule: Where did the Numbers Come From?," Journal of the American Water Works Association. Vol. 87, No. 10, pp. 46-57, October 1995, McGuire, M.J., Weinberg, K., MacLaggan, P., Trussell, R.R., "Water Repurificatlon: A Resource for the Future," presented at the Spring Conference, California-Nevada Section, American Water Works Association, Fresno, California, April 12, 1995. McGuire, M.J., "The Treatment Plant Schematic Project-Implications for ICR Compliance," Presented at AWWA Water Quality Technology Conference, San Francisco, California, November 6, 1994. McGUire, M.J., Kawczynski, E., "Ozone for Water Treatment," Presented at EPRI-CEC meeting, Philadelphia, PA, May 13, 1994. Burlingame, GA, McGuire, M.J., "Simple Test Flags Changes in Taste and Odor," Opffow, Vol. 20, p. 1, October 1994. Crittenden, J.C., Vaitheeswaran, K., Hand. D.W., Howe, E.W., Aleta, E.M., Tate, C.H., McGUire, M.J" DaVIS, M.K., "Removal of Dissolved Organic Carbon Using Granular Activated Carbon," Water Research, Vol. 27, No.4, pp. 715-721, 1993. , _ '" ~ _' ,- -~_:_'~,;;~-:~'::-:_-_--'--~"-~_~-~--:'-~-~:_-".C,--:~.~::__~_~_~_:_-~_,-_':'~-~-_?,;J,:~--~,;~_:,--_ ~ 1- ~ ~. ____ ~:~,/P~l~::?~J~~~L~;~:~: '_ >- ~. MALCOLM PIRNIE City of Denton ~ I Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ j McGuire, M.J. Krasner, S.W., "Impact of Recent and Proposed Primary Drinking Water Regulations on Ability of Utilities to Control Tastes and Odors," presented at the 1993 Water Quality Technology Conference. American Water Works Association. Miami. Florida. November 7"11. 1993. McGuire, M.J., "Enhanced Coagulation Requirements of the D/DBP Rule," presented at the 1993 Water Quality Technology Conference, American Water Works Association, Miami, Florida. November 7-11, 1993. McGuire, M.J., "Reg Neg Process and the D/DBP Rule," presented at the Fall Conference, California-Nevada Section, American Water Works Association, Reno, Nevada, October 28, 1993. Pirbazari, M., Ravindran, V., Badrlyha, B.N., Craig,S., McGuire, M.J., "GAC Adsorber Design Protocol for the Removal of Off-Flavors," Water Research, vol. 27. No. 5. pp. 1153-1166, 1993. Pirbazari, M., Borrow, H.S., Craig. S., Ravindran, V., McGuire, M.J.. "Physical Chemical Characterization of Five Earthy-Musty-Smelling Compounds," Water Science and Technology, vol. 25, No.2, pp. 81-88, 1992. McGuire, M. J., "What a Section Can Do to Provide and Build Support for Educational Programs," presented at the 1992 Annual Conference, American Water Works Association, Vancouver, B.C.. June 21, 1992. Ferguson, D.W., Gramith, J.T., McGuire. M.J.. "Applying Ozone for Organics Control and Disinfection: A Utility Perspective," Journal of the American Water Works Association. Vol. 83, No.5, pp. 32-39. May 1991 Howe, E.W., Aieta, E.M, Liang, S., McGUIre, M.J., "Removal of Chlorite Residuals with Granular Activated Carbon: A Case Study," Proceedings, workshop on Chlorine DIoxide, Chemical Manufacturers Association, November 1"2, 1989, Jones, J. McGuire, M.J., "Dredging to Reduce Asbestos Concentrations in the California Aqueduct," Journal of the American Water Works Association, Vol. 79, pp. 30-37, February 1987. McGuire, M.J. Meadow. R.G., "National Trihalomethane Survey," poster presentation at the 1987 Annual Conference, American Water Works Association, Kansas City, Missouri, June 17,1987. Belanger. S.E., Cherry, D.S., Calns, J., Jr., McGuire, M.J., "Using Asiatic Clams as a Biomonitor for Chrysotile Asbestos in Public Water Supplies," Journal of the American Water Works Association, Vol. 79, pp. 69-74, March 1987. Aieta, E.M., Singley, J.E., Trussell, A.E., Thorbjarnarson, KW., McGuire, M.J., "Radionuclides in DrInking Water: An Overview," Journal of the American Water Works Association. Vol. 79, pp. 144-152, April 1987. Means. E.G., McGuire, M.J., Davis, M.K., Barrett, S.E., Krasner, S.W., "History of Converting from Chlorine to Chloramines in Southern California," Proceedings, 12th Federal Convention, Australian Water and Wastewater Association, Adelaide, South Australia, March 23-27, 1987. Pirbazari. M., Lalezary, S., McGuire, M.J., "Granular Activated Carbon Pilot Column Studies for Removal of Geosmin and 2-Methylisoborneol from Drinking Water," presented at the 1986 Annual Conference, American Water Works Association, Denver, Colorado, June 26,1986. Means. E.G. McGUIre, M.J., "An Early Warning System for Taste and Odor Control," Journal of the American Water Works Association, Vol. 78, pp. 77-83, March 1986. Means, E.G., Tanaka, T.S., Otsuka, D.J.. McGuire, M.J., "Effects of Chlorine and Ammonia Application Points on Bactericidal Efficiency," Journal of the American Water Works Association, Vol. 78, pp. 62-69. January 1986. ~ ~ =" ,~ -~ . M1826Ql1 QAL_~Ir~:~j;~~:~~1~:~[~t~L__. MALCOLM PIRNIE City of Denton ~ i Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ Burke, M.E. (mod.), "Roundtable -Alternatives to Central Water Treatment," Journal of the American Water Works Association, Vol. 78, No. 12, pp. 12-22, December 1986. Lalezary, 5., Pirbazari, M., McGuire, M.J., "Oxidation of Five Earthy-Musty Taste and Odor Compounds," Journal of the American Water Works Association, Vol. 78, pp. 62-69, March 1986. Lalezary, 5., Plrbazari, M., McGuire, M.J., "Evaluating Activated Carbons for Removing Low Concentrations of Taste~and Odor-Producing Organics," Journal of the American Water Works Association, Vol. 79, pp. 76-82, November 1986. McGuire, M.J.. "Living Under the New SDWA Amendments-What Happens Next?," panel presentation at the 1986 Annual Conference of the Association of Metropolitan Water Agencies, Tampa, Florida, November 5, 1986. McGuire, M.J., "How Safe is Safe? Drinking Water Quality in the Los Angeles Basin," panel presentation sponsored by EIP/Southern California and the Pat Brown Institute of Government Affairs, Los Angeles, California, April 25, 1986. McGuire, M.J., "The 'Enhanced Water' Industry in Southern California," panel presentation sponsored by the Southern California Water Conference, Los Angeles, California, June 16, 1986. McGUire, M.J., "Home Water Treatment Devices: What are the Issues?"," presented at the California-Nevada Section Conference, American Water Works ASSOCIation, Redding, California, April 18, 1986. McGuire, M.J., "What is on the Horizon Regarding Toxics Regulation?," panel presentation, Association of California Water Agencies fall Conference, Coronado, California, December 5,1985. McGUire, M.J., "Removal of Chloramines with Granular Activated Carbon and Ascorbic Acid," presented at symposiums on Standards for Water Treatment at Licensed Dialysis facilities, Los Angeles, California, January 22, 1985; and Berkeley, California, February 8, 1985. McGUIre, M.J., "Impact of Regulations on Filtration of Surface Drinking Water," presented at the International Public Works Congress and Equipment Show, American Public Works Association, Los Angeles, California, September 9, 1985. McGuire, M.J., froelich, DR, "Regionalization of Water on the Coastal Plain of Southern California," presented at the 1985 Annual Conference, American Water Works Association, Washington, D.C., June 26,1985. McGuire, M.J., DaVIS, M.K., Somln, M.R., Ward, J.E., "Planning, Designing, Building and Occupying a State-of-the-Art Water Quality Laboratory," presented at the Water Quality Technology Conference, American Water Works Association, Houston, Texas, December 9, 1985. Lalezary, S., Pirbazari, M., Dale, M.s., Tanaka, I.S., McGUire, M.J., "Pilot-Plant Studies for the Removal of Geosmin and 2-MethyJisoborneol by Powdered Activated Carbon," Proceedings" 1985 Annual Conference, American Water Works Association, Washington, D.C , June 26,1985. Lalezary, S., Wong, S.-P., Pirbazari, M., McGuire, M.J., "Performance Prediction for Removal of Odorous Organics from Drinking Water by Adsorption," Proceedings" 1985 Specialty Conference on Environmental Engineering, American Society of Civil Engineering, Boston, Massachusetts, July 1-7,1985. Kreft, P., Umphres, M., Hand, J.-M., Tate, c., McGUire, M.J., Trussell, R.R., "Converting from Chlorine to Chloramines: A Case Study," Journal of the American Water Works ASSOCiation, Vol. 77, pp. 38- 45, January 1985. Krasner, S.W., McGuire, M.J., Ferguson, V.B., "Tastes and Odors: The Flavor Profile Method," Journal of the American Water Works Association, Vol. 77, pp. 34-39, March 1985. -'- ~- ~ '-~ ,~ ~<~ - :.~€:-- .,: ~~~-, '~~.~~~~~-1 :;~:t~. Ml!l2601" O:l _ - . ~~~:;~~~~~~~~;~fI2~C-'~' ~ City of Denton ~ Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ '. Barrett, S.E., Davis, M.K., McGuire, M.J., "Blending Chloraminated and Chlorinated Waters," Journal of the American Water Works Association, Vol. 77, pp. 50-61, January 1985. Barrett, S.L, Davis, M.K., McGuire, M.J" "Blending Chloraminated Water with Chlorinated Water: Considerations for a Large Water Wholesaler," Proceedings, 1984 Annual Conference, AWWA, Dallas, Texas, June 10-14, 1984. Davis, M.K., Barrett, S,E., McGuire, M.J., "The Change of Water Treatment Methods From Chlorine to Chloramines by Water Districts," Contemporary DialYSIS, vol. 5, pp. 31-33 and pp. 24-25, 33, 50, September and November 1984. Hwang, c.J., Krasner, S.W., McGuire, M.J., Moylan, M.5., Dale, M.S., "Determination of Subnanogram Per Liter levels of Earthy. Musty Odorants in Water by the Salted, Closed-Loop Stripping Method," Environmental Science & Technology, vol. 18, pp. 535-539, July 1984. Kreft, P., Tate, C.H., Trussell, R.R., McGuire, M.J., "Practical Aspects of Introducing Chloramination in a Large Water Utility," presented at Aquatech of the Americas, WWEMA, Long Beach, California, March 14-16, 1984. Lalezary, S., Pirbazari, M., McGuire, M.J., "Air Stripping of Taste and Odor Compounds from Water," Journal of the American Water Works Association, Vol. 76, pp. 83'87, March 19B4. Lalezary, S., Pirbazari, M., McGuire, M.J., "Oxidation of Taste and Odor Compounds," Proceedings" 1984 Annual Conference, AWWA, Dallas, Texas, June 10-14, 1984. McGuire, M.J., Jones, R.M., Means, E.G., IzagUIrre, G., Preston, A.E., "Controlling Attached Blue-Green Algae with Copper Sulfate," Journal of the American Water Works Association, Vol. 76, pp. 60-65, May 19B4. McGuire, M.J., Suffet. I.H., "Aqueous Chlorinel Activated Carbon Interactions," Journal Envir. Engnr. DIV., ASCE, vol. 110, no. 3, pp. 629-645, June 1984. Tanaka, T.5., McGuire, M.J., Pirbazari, M., "Prediction of Direct Filtration Performance," Proceedings" 1984 Specialty Conference on Environmental Engineering, American Society of CiVil Engineering, Los Angeles, California, June 25-27, 1984. Tanaka, T.S., McGuire, M.J., Barth, H.G., Pirbazari, M., "Characterization of Cationic Polyelectrolytes Used for Water Treatment," presented at the American Chemical Society Conference, SI. Louis, MISSOUri, April 8-13, 1984. Trussell, R.R., Kreft, P., McGuire, M.J., "Engineering Considerations of Chloramine Application," Proceedings" Seminar on Chloramination for THM Control: PrinCiples and Practices, AWWA, Dallas, Texas, June la, 1984. Means, E.G., McGuire, M.J., "Experiences with Metropolitan's Early Warning System for Taste and Odor Control," Proceedings, Twelfth Annual Water Quality Technology Conference, American Water Works ASSOCiation, Denver, Colorado, December 2-4, 1984. Pirbazari, M., Lalezary, S., So row, H., McGuire, M.J., "Activated Carbon Adsorption Equilibrium Studies for Taste and Odor Compounds," Proceedings, Twelfth Annual Water Quality Technology Conference, American Water Works Association, Denver, Colorado, pp. 381-398, December 2-4, 1984. Means, E.G., Preston, A.E., McGuire, M.J., "Scuba Diving: A Tool for Managing Water-Quality," Journal of the American Water Works Association, Vol. 76, pp. 86-92, October 1984. Means, E.G., Tanaka, T.5., Otsuka, D.J., McGuire, M.J., "Impact of Chlorine and Ammonia Application Points on the Bactericidal Efficiency of Free Chlorine and Chloramines in Pilot Plant Studies," Proceedings" 1983 Annual Conference, American Water Works Association, Las Vegas, Nevada, June 8, 1983. 1.P1l2601 / P;A,l -~ MALCOLM PIRNIE City of Denton ~ I Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ I: McGuire, M.J., "Viewpoint/Counterpoint -A Water Utility Engineer Assesses Fundamental Research," Journal of the American Water Works Association, Vol. 75, pp. 20, 22, and 36 (NEWS), August 1983. Means, E.G., Izaguirre, G., Hwang, c.J., Krasner, S.W., McGuire, M.J., "Biodegradation of the Taste and Odor Compound 2-Methylisoborneol in a Potable Water Supply," presented at the Annual Conference of the American Society for Microbiology, New Orleans, LouIsiana, March 7, 1983. McGuire, M.J., Tanaka, T.5., Davis, M.K., "Experimental Error Estimates Associated with Pilot-Scale Investigations of Trace Organic Removals," in Treatment of Water by Granular Activated Carbon, M_J. McGUire and I.H. Suffet (Eds.), Advances in Chemistry Series Number 202, American Chemical Society, Washington. D.C., 1983. McGuire, M.J., Suffet.I.H. (Eds.). "Treatment of Water by Granular Activated Carbon," Advances in Chemistry Series Number 202, American Chemical Society, Washington. D.C., 1983. McGUire, M,J., Krasner, S.W., Hwang, c.J., Izaguirre, G,. "An Early Warning System for Detecting Earthy"Musty Odors In Reservoirs," Water Science and Technology, vol. 15, No. 6/7, pp. 267-277, 1983. McGuire, M.J., Bowers, A.E., Bowers. D.A., "Optimizing Large- Scale Water Treatment Plants for Asbestos Fiber Removal," Journal of the American Water Works Association, Vol. 75, pp. 364-370. July 1983. McGuire, M.J., Jones, R.M.. Means, E.G., Izaguirre, G., Preston, A.E., "Control of Attached Blue-Green Algae In a Source Water Reservoir," Proceedings" 1983 Annual Conference, American Water Works Association, Las Vegas, Nevada. June 8, 1983. McGuire, M.J., "Trihalomethanes," Chapter 15 In Water Treatment Plant Operation, vol. 2, K.D, Kerri (Ed.), Foundation of California State University, Sacramento. 1983. McGUIre, M.J., "Taste and Odor Control," Water Treatment Forum XV. California- Nevada Section, American Water Works Association, San Diego. California, April 12, 1983. Lalezary, S., Pirbazari, M., McGuire, M.J.. "Air Stripping of Trace Taste and Odor Compounds from Water," Proceedings" 1983 Annual Conference, American Water Works Association, Las Vegas, Nevada, June 8,1983. Krasner, S,W., Hwang, C.J., McGuire, M.J., "A Standard Method for Quantification of Earthy-Musty Odorants in Water, Sediments and Algal Cultures," Water Science and Technology, vol.1S, No. 6/7, pp. 127-138, 1983. Krasner, S.W., McGUire, M.J., Ferguson, V.B., "Application of the Flavor Profile Method for Taste and Odor Problems," Proceedings. Eleventh Annual Water QualIty Technology Conference, American Water Works Association, Norfolk, Virginia, December 4-7, 1983. Izaguirre, G., Hwang, c.J., Krasner, S.W., McGuire, M.J., "Production of 2- Methylisoborneol by Two Benthic Cyanophyta," Water Science and Technology, vol. IS, No. 6/7, pp. 211-220. 1983. Izaguirre, G., Hwang, C.J" Krasner, S.W., McGuire, M.J., "Geosmin and 2- MethyJisoborneol from Cyanobacteria in Three Water Supply Systems," Applied and Environmental Microbiology, vol. 43, n. 3, pp. 708-714, March 1982. McGUire, M.J., "Pilot Studies for the Removal of Organics," presented at the Annual Conference of the American Water Works Association, Miami Beach, Florida, May 16, 1982. McGuire, M.J., "Theoretical Introduction to Taste and Odor in Drinking Water," presented at the California-Nevada Section Conference, American Water Works AssociatIon, Long Beach, California, April 15, 1982. "!~/o";&ki~~#~~~S~~~&:, ---;~~jJ~ MALCOLM PIRNIE City of Denton ~ Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ McGuire, M.J., "The Impact of Fundamental Research as Viewed by a Regional Water utility Engineer," Proceedings, Conference on Fundamental Research Needs for Water and Wastewater Systems, Association of Environmental Engineenng Professors/National SCience Foundation, Arlington, Virginia, December 2, 1982. McGuire, M.J., "Theory of Taste and Odor Control," Water Treatment Forum XIV, California"Nevada Section, American Water Works Association, Riverside, California, July 15,1982. McGUIre, M.J., Bowers, A.E., Bowers, D.A., "Asbestos Analysis Case History: Surface Water Supplies in Southern California," Journal of the American Water Works Association, Vol 74, pp. 471-478, September 1982. McGuire, M.J., Bowers, A.E., Bowers, D.A., "Optimization of Large-Scale Water Treatment Plants for Asbestos Fiber Removals," Proceedings" 1982 Annual Conference, Amencan Water Works Association, Miami Beach, Flonda, May 20, 1982. McGuire, M.J., other members of the Organic Contaminants Research T&P Committee, "An Assessment of Microbial Activity on GAC," Journal of the American Water Works Association, Vol. 73, pp. 447- 454, August 1981. McGuire, M.J., Nichols, I.E., "Training Activities in the California-Nevada Section," presented at the Annual Conference of the American Water Works Association, St. LOUIS, Missouri. June 10, 1981. McGuire, M.J., Krasner, S.W., Hwang, c.J., Izaguirre, G., "Closed-Loop Stripping Analysis as a Tool for SOlving Taste and Odor Problems," Journal of the American Water Works Association, Vol. 73, pp. 530-537, October 198!. McGUire, M.J., "Strategies at The Metropolitan Water District of Southern California to Control Trihalomethanes," presented at the California-Nevada Section Conference, American Water Works Association, Santa Rosa, California, Apnll0, 1981. McGuire, M.J., "The Age of Trace Contaminants," WATER Engineering & Management. vol. 128, p. 12, February 1981. Krasner, S.W., Hwang, c.J., McGuire, M.J., "Development of a Closed-Loop Stripping Technique for the Analysis of Taste- and Odor-Causing Substances in Drinking Water," in Advances in the Identification and Analysis of Organic Pollutants in Water, vol. 2, L.H. Keith (Ed.), Ann Arbor Science Publishers, Inc., Michigan, 1981. Krasner, S.W., Hwang, C.J., McGuire, M.J., "Development of a Volatile Organic Analysis Technique for the Orange-Los Angeles County Reuse Study," in Chemistry in Water Reuse, W.J. Cooper (Ed.), Ann Arbor Science Publishers, Inc., Michigan, 1981. Bowers, A.E., McGUire, M.J., Bowers, D.A., "Asbestos Analysis Case History: Surface Water Supplies in Southern California," Proceedings, Ninth Annual Water Quality Technology Conference, American Water Works Association, Seattle, Washington, December 8,1981. Rauscher, D.C., Beard, J.D" III, McGuire, M.J., "Efficient Removal of Solids from Dual-Media Filters," Proceedings, of the Specialty Conference, Water Forum '81, American Society of Civil Engineers, San Francisco, California, pp. 427-434, August la, 1981. Suffet. I.H., McGuire, M.J., (Eds.), "Activated Carbon Adsorption of Organics from the Aqueous Phase, vol. 1," Ann Arbor SCience Publishers, Inc., Michigan, 1980. Suffet, I.H., Cairo, P.R., McGuire, M.J., "Combination of Unit Processes for Removal of Trace Organics from Drinking Water: Two Case Studies," Proceedings, International Water Supply Association Conference, Paris, France, September 1-4, 1980. 1A1B2~OllDAI.. ;';~} f1i 1!:~~~~t -~_::...:. =- ~-...::: ..::_~: ::~~- :~'"=.:-~~,~-.....:::- MALCOLM PIRNIE li!]' " City of Denton Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade : Cairo, P.R., Radziul, J.V., Suffet, I.H., McGuire, M.J., "The Application of Bench-Scale and Pilot-Scale Studies for Control of Organic Chemical Contaminants," Activated Carbon Adsorption of Organics from the Aqueous Phase, vol. 2, M.J. McGuire and tH. Suffet, (Eds.), Ann Arbor SCience Publishers, Inc., Michigan, 1980. McGUIre, M.J., "Feasibility Analysis and Implementation of Synthetic Organic Chemical Control Strategies," In Activated Carbon Adsorption of Organics from the Aqueous Phase, vol. 2, M.J. McGuire and I.H. Suffet. (Eds.), Ann Arbor Science Publishers, Inc., Michigan, 1980. McGUire, M.J., "Feasibility Analysis and Implementation Strategies at The Metropolitan Water District of Southern California to Solve the Trace Organics Problem," presented at the 8th Annual Conference of the Water and Wastewater EqUipment Manufacturers Association, Houston, Texas, June 6,1980. McGuire, M.J., Krasner, S.W., Hwang, c.J., Izaguirre, G., "Closed-Loop Stripping Analysis at the Parts-Per-Trillion Level as a Tool for Solving Taste and Odor Problems," Proceedings, Eighth Annual Water Quality Technology Conference, American Water Works Association, Miami Beach, Florida, December 9, 1980. McGuire, M.J., Bowers, A.E., Tate, C.H., "Copper Corrosion Potential of Galvanized Steel Pipe," presented at the U.S. EPA Seminar-Corrosion Control in Water Distribution Systems, Cincinnati, Ohio, May 20, 1980. McGuire, M.J., Suffet, I.H. (Eds.), "Activated Carbon Adsorption of Organics from the Aqueous Phase, vol. 2," Ann Arbor SCience Publishers, Inc., Michigan, 1980. McGUIre, M.J., Suffet, I.H., "The Calculated Net Adsorption Energy Concept," in Activated Carbon Adsorption of OrganiCS from the Aqueous Phase, vol. 1. tH. Suffet and M.J. McGuire (Eds.), Ann Arbor Science Publishers, Inc., Michigan, 1980. McGuire, M.J., Suffet, I.H., "The Net Adsorption Energy Concept as an Estimate of Equilibrium Capacity in Competitive Adsorption Systems," presented at the 179th National Meeting of the American Chemical Society, Houston, Texas, March 26, 1980. McGUire, M.J., Suffet, I.H., "Impact of Surface Functional Groups on Competitive Adsorption of Relatively Polar Organic Compounds," presented at the 178th National Meeting of the American Chemical Society, Washington D.C., September 11, 1979. McGUire, M.J., Fraser, G.T., Schmokel, N., "Pollution Abatement of a Complex Mixture of Photographic, Plating and 011 Wastes," Proceedings, 33rd Annual Purdue Industrial Waste Conference, Ann Arbor Science Publishers, Inc" Michigan, 1979. McGuire, M.J., "Feasibility Analysis and Implementation of Synthetic Organic Chemical Control Strategies," presented at Seminars on Control of Organic Contamination in Drinking Water, Public Technology, Inc./U.S. EPA, Los Angeles, California, November 15,1978; Atlanta, Georgia, February 14, 1979. McGuire, M.J., Suffet, I.H., "Adsorption of Organics from Domestic Water Supplies," Journal of the American Water Works Association, Vol. 70, pp. 621-636, November 1978. McGuire, M.J., Suffet, I.H., "The Interaction Between Aqueous Chlorine and the Activated Carbon Surface," presented at the 175th ACS National Meeting, Anaheim, California, March 1978. McGuire, M.J., Ongerth, J., "Synthetic Organics-Existence and Origins in California Waters," presented at the California-Nevada Section Conference, American Water Works Association, Los Angeles, California, October 27, 1978. ~ ; t<Il82601loAL - : :-~c~;~~_t:S~~~~:~~~;~~:~~~~~:> _~~_~"~.~._ MALCOLM PIRNIE City of Denton ~ ! Preliminary Design of Lake Lewlsville Water Treatment Plant Upgrade ~ [ Suffet. I.H.. McGuire. M.J., Josephson, J., Ember, L.R., "Cleanup: That Old Black Magic Works Again," Environmental Science & Technology, vol. 12, pp. 1138-1149, October 1978. McGuire, M.J., Suffet, I.H., Radzlul, J.V., "Assessment of Unit Processes for the Removal of Trace Organic Compounds from Drinking Water," Journal of the American Water Works Association, Vol. 70. pp. 565- 572, October 1978. McGuire. M.J., Suffet, I.H.. Cairo, P.R., Schultz, 8., Gittelman, T., Shanahan, M., "The Effect of Oxidizing Agents on the Removal of Trace Organics from Drinking Water," presented at the International Ozone Institute, Ozone Technology Symposium. Los Angeles, California, May 23, 1978. McGuire. M.J., "The Optimization of Water Treatment Unit Processes for the Removal of Trace Organic Compounds with an Emphasis on the Adsorption Mechanism," Doctoral Dissertation, Drexel University, Philadelphia PA, 1977. McGuire, M.J., "The Optimization of Water Treatment Unit Processes for the Removal of Trace Organic Compounds with an Emphasis on the Adsorption Mechanism," Ph.D Dissertation, Drexel UniverSity, Philadelphia, Pennsylvania, 1977. McGuire, M.J., Suffet. I.H., Radziul. J.V., "The Concept of Polarity and Its Relationship to the Adsorption of Organic Compounds from Aqueous Solution," presented at the Second Joint CIC/ACS Conference, Montreal, Canada, May 30,1977. McGuire, M.J., Suffet. I.H., Radzlul, J.V., "The Development of Optimum Unit Processes for the Removal of Trace Organic Compounds from Drinking Water," Proceedings, Annual Conference American Water Works AssoCiation, Anaheim, California, May 11,1977. Suffet. I.H., Friant. S., Marcinkiewicz, C, McGuire, M.J., Wong, D.T.-L., "Annual Literature Review-Organics," Journal Water Pollution Control Federation, vol. 47, p, 1169, June 1975. McGuire, M.J., "Economic Justification for the Automation of Water Quality Analytical Techniques," Advances in Automated Analyses, vol. 4, p. 51,1972. McGuire, M.J. (mod.), "Disinfection By-Products," ("Face to Face" section: interview with J. Qrme and W. H. Glaze). American Water Works Association Journal, Vol. 81, No.8, August 1989 (p. 18 ff.). McGuire, M.J. Gaston, J.M., "Overview of TechnOlogy for Controlling Off- Flavors in Drinking Water," Proceedings" Second International Symposium on Off- Flavours in the Aquatic Environment. Kagoshlma, Japan, October 12-16, 1987 (Water Science and Technology, Vol. 20, No. 8/9, pp. 215-228,1988). McGuire, M.J. Meadow. R.G" "AWWARF Trihalomethane Survey," Journal of the Amencan Water Works Association, Vol. 80, No.1, January 1988 (pp. 61-68). [Reprinted in DiSinfection By-products: Current Perspectives. AWWA, Denver, Colo., 1989 (pp. 3-10).] McGuire, M.J. Meadow. R.G., "American Water Works Association Research Foundation Trihalomethane Survey-Progress Report," Proceedings,: Conference on Current Research in Drinking Water Treatment (sponsored by USEPA and AWWARF), Cincinnati, Ohio, March 24-26, 1987 (pp. 1-14). [Published as EPA!600/9-88/004, March 1988.] Krasner, S.W., McGuire, M.J., Jacangelo, J.G., Patanla, N,L" Reagan, K.M., Aleta, E.M., "The Occurrence of Disinfection By-Products in Drinking Water in a Nationwide Study," Proceedings" AWWA 1989 Annual Conference, American Water Works Association, Los Angeles, California, June 18-22, 1989 (pp. 1171-1202). Lalezary-Craig, S., Plrbazari, M., Dale, M.s., Tanaka, T.5. McGuire, M.J.. "Optimizing the Removal of Geosmin and 2-Methylisoborneol by Powdered Activated - - . Ml.6~ElQlj ttAI. -' - - ....~,...- - .-'_~ - ~ -:::~_:- ':<L"~~t~;1{;J'~~2L;:;;<':,~'~-~j_ ,";<~~,. MALCOLM PIRNIE City of Denton ~ Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ Carbon," Journal of the American Water Works Association, Vol. 80, No.3, March 1988 (pp.73-80). Mannion, J.B. (mod.), "Roundtable-Drinking Water Research: How Are We Doing?," Journal of the American Water Works Association, Vol. 77, pp. 22-30,82. Jacangelo, J.G., Patania, N.L., Reagan, K.M., Aieta, E.M., Krasner, S.W., McGuire, M.J., "Ozonation: Assessing Its Role in the Formation and Control of Disinfection By.Products," Journal of the American Water Works Association, Vol. 81, No.8, August 1989 (pp. 74-84). Ferguson, D.W., McGuire, M.J., Koch, B., Wolfe, R.L., Aleta, E.M., "Comparing PEROXONE and Ozone for Controlling Taste and Odor Compounds, Disinfection By.Products, and Microorganisms," Journal of the American Water Works Association, Vol. 82, No.4, April 1990 (pp. 181'191). Glaze, W.H., Koga, M., Cancilla, D., Wang, K., McGuire, M.J., Liang, S., Davis, M.K., Tate, C.H., Aieta, E.M., "Evaluation of Ozonation By.Products from Two California Surface Waters," Journal of the American Water Works Association, Vol. 81, No.8, August 1989 (pp. 66-73). Glaze, W.H., Schep, R., Chauncey, W., Ruth, E.C., Zarnoch, J.J., Aieta, E.M., Tate, C.H., McGuire, M.J., "Evaluating Oxidants for Removal of Model Taste and Odor Compounds From a Municipal Water Supply," Journal of the American Water Works Association, Vol. 82, No.5, May 1990 (pp. 79-84). Gramith, J.T., Ferguson, D.W., McGuire, M.J., Tate, C.H., "Overview of Metropolitan's Ozone!PEROXONE Demonstration Project," Proceedings" AWWA 1990 Annual Conference, American Water Works Association, Cincinnati, OhiO, June 17-21, 1990 (pp. 425- 430). McGUIre, M.J., Krasner, S.W., stevens, A.A., "The Nature and Occurrence of Disinfection By.Products in the United States," presented at the Second Japan-U.s. Governmental Conference on Drinking Water Quality Management. Tokyo, Japan, July 24-26, 1990 (29 pp.). McGuire, M.J., Jacangelo. J.G.., Patania, N.L., Reagan, K.M., Aieta, E.M., "The Occurrence of Disinfection By.Products In U.S. Drinking Water," Journal of the American Water Works Association, Vol. 81, No.8, August 1989 (pp. 41-53). McGuire, M.J., Davis. M.K., "Treating Water with Peroxone: A Revolution in the Making," WATER/Engineering & Management. May 1988 (pp. 42-49). McGuire, M.J., DavIs. M.K., Tate, C.H., Aieta, E.M., Howe, E.W., Crittenden, J.C., "Evaluating GAC for Trihalomethane Control," Journal of the American Water Works Association, Vol. 83, No.1, January 1991 (pp. 38-48). McGuire, M.J.. Davis, M.K., Tate, C.H., Aieta, LM., Wallace, I.E., Crittenden, J.C., "Optimization and Economic Evaluation of Granular Activated Carbon for Organic Removal," Proceedings" AWWA 1988 Annual Conference, American Water Works Association, Orlando, Fla., June 19-23. 1988 (pp. 263-289). McGUire, M.J., J. M. Gaston, "Overview of Technology for Controlling Off- Flavors in Drinking Water," Waterworld News, May/June 1988 (pp.18-21). McGuire, M.J., "Content of the D/DBP and Related Rules," AWWA Disinfectants and Disinfection By-products Satellite Teleconference, October 15,1993 McGUlfe, M.J., "Using the Information Superhighway to Corral the ICR," Journal Of the American Water Works Association, Vol. 86, No.6, June 1994 (p. 10). McGUIre, M.J., "Utility Perspective on Federal Disinfection By.product Regulations," presented at the 16th Annual AWWA Water Quality Technology Conference, American Water Works Association, St. Louis, Mo., November 13-17,1988), DISinfection By-prOducts: Current Perspectives, AWWA, Denver, Colo., 1989 (pp. 181-207). . - .~ , ..c~- ~: ~ -, ~;-_ ~ y t '::;. J" :: -~ ~x2~ ,~-,,:~~ ::-J:~ M1~2601/ QAL,: -~,:, :>: :.~ ~~,~' - ': q.~r'<:, ~f~~ ___~~~___~--.~i(- ~...-"~~~_f,) _, "<:-~::~ ~.. __.:: :.;:.!....:~ , ~ ..... -; . , ~ - ~ '~Jff.,_:~- ;-<-,,; . e MALCOLM PIRNIE City of Denton ~ . Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ . McGuire, M.J., "Preparing for the Disinfection By-Products Rule: A Water Industry status Report," Journal of the American Water Works Association, Vol. 81. No.8, August 1989 (p. 35-40), McGuire, M.J., "Off-Flavor as the Consumer's Measure of Drinking Water Safety," presented at the Fourth International SympOSium on Off-Flavours in the Aquatic Environment, Adelaide, Australia, October 2-7, 1994 (Water Science & Technology, Vol. 31, No. 11, pp. 1-8, 1995). Scali, K.N., Wolfe, R.L., Steward, M.H., McGuire, M.J., "Pilot-Scale Evaluation of PEROXONE and Ozone for the Disinfection of Giardia muris," Proceedings" 17th Annual AWWA Water Quality Technology Conference, American Water Works Association, Philadelphia, Pa" November 12-16, 1989 (pp. 709-712). Vaith, K., Crittenden, J.e., Hand, D., Wallace, I.E., Aieta, E.M., Tate, C.H., McGUire, M.J., "Design of Fixed-Bed Absorbers to Remove Natural Organic Matter," Proceedings" AWWA 1988 annual Conference, American Water Works Association, Orlando, Fla., June 19-23, 1988 (pp. 735-768). Wolfe, R.L., McGuire, M.J., "Chloramine Changeover Case History: Metropolitan Water District of Southern California," Proceedings" AWWA Seminar on Impact of Changing Disinfectants, 1989 Annual Conference, American Water Works Association, Los Angeles, California, June 18, 1989 (pp. 11-12). Wolfe, R.L., Stewart, M.H., Liang, S., McGuire, M.J., "Disinfection of Model Indicator Organisms in a Drinking Water Pilot Plant by Using PEROXONE," Applied and Environmental Microbiology, vol. 55, No.9, September 1989 (pp. 2230-2241). Wolfe, R.L., Stewart, M.H.. Scott. K.N., McGuire, M.J., "Inactivation of Giardia muris and Indicator Organisms Seeded in Surface Water Supplies by PEROXONE and Ozone," Environmental Science & Technology, Vol. 23, No.6, June 1989 (pp. 744-745). McGuire. M.J., Tate. C.H.. Patania. N.L., "Ozone-Chloramines and Activated Carbon to Control Disinfection By-Products," Journal of Water Supply Research and Technology-Aqua, Vol. 39, 1990 (pp. 36-47). McGuire. M.J.. Thompson, J.M., Liang,S., Tate, e.H., Glaze. W.H.. "PEROXONE for Control of Disinfection By-Products, Tastes and Odors, and Microorganisms," Summaries, WASSER 8ERLlN '89 (International Ozone Association), Berlin, April 10-16, 1989 (pp. V-2-1 through V-2-14). ~~. Ml82WlI PAl.,. - - . ~ - -. - . , - ". ~ - :;. -,. - ~.- ~ <- ~ : :~;1~: ~i ~:~:~:~~i~~~ MALCOLM PIRNIE i li!] . '~, City of Denton ' . " Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ' , _,',' Dr. Kommineni has an extensive background in physical and chemical water treatment processes such as membrane filtration, advanced oxidation, adsorption, and ion exchange processes. Dr. Kommineni has experience in dealing with water-based pollutants such as MIB, Geosmin, NOM, NOMA, MTBE, arsenic, and OBPs, Dr. Kommineni is active in research projects, including the U.s. EPA's revision of standards of maximum contaminant levels for arsenic in drinking water, and optimizing a chemical-free drinking water treatment process. DETAILED EXPERIENCE . San Diego County Water Authority: Conceptual Design and Procurement of DBO Contractor for Water Treatment Plant / San Diego CA. Served as the Deputy Project Manager for the pilot testing task. The San Diego County Water Authority pilot tested Zenon and USF submerged units in parallel. . Consolidated Mutual Water Company: Membrane Water Treatment Plant / Lakewood, CO, Technical engineer for the Consolidated Mutual Water Company (CMWC) evaluation and subsequent design of a membrane plant. Expanding their aging 10 mgd water treatment plant to 15 mgd, . American Water Works Association Research Foundation: Arsenic Adsorbents for Treating Drinking Water / Denver CO. Served as Task Leader and Deputy Project Manager for this research project. . American Water Works Association Research Foundation: Biofiltration for Taste and Odor Removal/ Phoenix AZ. As Deputy Project Manager was responsible for pilot testing of ozone and biofiltration for removing methylisoborneol (MIB) and geosmin from potable waters. . American Water Works Association Research Foundation: Advanced Oxidation Processes for MTBE Removal/ Phoenix AZ. As Deputy Project Manager, coordinated the efforts for pilot and bench scale evaluation of several promising advanced oxidation processes (AOPs) for MTBE removal from ground and surface waters. . American Water Works Association Research Foundation: Interactive Decision Tree for Arsenic Compliance / Denver CO. Deputy Project Manager for development of a comprehensive, interactive, decision tree that would address the impact of the proposed, more stringent (3-10 -g/U arsenic MCL on existing water treatment processes. . American Water Works Association Research Foundation: POU/POE Arsenic Treatment Evaluation / Denver CO. Managed this project that evaluated under-the-sink treatment systems for arsenic removal from tap water. . American Water Works Association Research Foundation/City of Tucson Water Department: Slow sand/Nanofiltration Treatment for Colorado River Water / Tucson AZ. Deputy Project Manager on a pilot project to look into chemical-free treatment of drinking water. The Sunil N. N. Kommineni Project Role: Water Quality Assessment Title/Firm: Sr. Project Engineer Malcolm Pirnie, Inc. Years of Experience 15 Education BS Civil and Environmental Engineering Osmania University, India 1992 MS Chemical/Environmental Engineering University of Arizona 1994 PhD Chemical/Environmental Engineering University of Arizona 1998 Licenses and Certifications Professional Engineer Diplomate, American Academy of Environmental Engineers Professional Training Project Leadership and Management Special Recognition 2004-Present. AWPCA Water Treatment Committee, Member 2004-2005, Project Advisory Committee Member for AwwaRF Project 2998: Novel Carbonaceous Sorbents for Removal of DBPs 2004-2007, Vice-Chair, AWWA Membrane Research Committee 2004-2007, AWWA Taste and Odor Committee, Member 2004-Present. Malcolm Pirnie Membrane Knowledge Team Leader 2003, AwwaRF Unsolicited Proposal Review Committee Member 2002-Present, Reviewer, ASCE Journal of Environmental Engineering 2002-2004, AWWA Membrane Research Committee Member 2002-2004, PAC Member for AwwaRF Project 2859: Innovative Treatment < _~~_~~,::;:: ~ ,:,.:;~-1; -: M1S2601/DAL' __, ___ '_ _ ~~_ :~__~____ ~ _}~~&f~.~c_~~~~~__~-,~__~,~,_ --'0' ::L ,_~___ MALCOLM PIRNIE City of Denton m '- . Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ~ . proposed treatment consists primarily of nanofiltration (NF) coupled with an appropriate pretreatment. II City of Chandler: Ozone-Enhanced Biofiltration Testing for MIB/Geosmin Removal 1 Chandler AZ. Deputy Project Manager for the ongoing pilot testing of ozone-assisted biofiltration for MIB/geosmin removal. . City of Phoenix: WQMP Update Phase 21 Phoenix AZ. As Deputy Project Manager was responsible for coordination, testing, data collection, data presentation and report preparation. This study evaluated the use of granular activated carbon (GAC) filters for removing taste and odor (T&O) causing a Igal by-products and disinfection byproduct (DBPs) precursors. . City of Scottsdale: Improvements at Central Groundwater Treatment Facility 1 Scottsdale AZ. Deputy Project Manager for the Process Evaluation. Played a key role in the pilot testing and in the preparation of a preliminary design report for a 4-mgd reverse osmosis (RO) treatment plant. II Greater Vernon Water: Water Treatment Specifications 1 Vancouver BC Canada. Served as a Deputy Project Manager for this planning, piloting and conceptual design study. . Minneapolis Water Works: Water Quality Study 1 Minneapolis MN. As engineering intern, examined the seasonal variation of dissolved organics in the Mississippi River water. These seasonal samples were tested for treatment by carbon adsorption and filtration employing the rapid bench- scale apparatii of the information collection rule. . San Diego County Water Authority: Procurement of DBO Contractor and Conceptual Design for Water Treatment Plant 1 San Diego CA. Served as the Deputy Project Manager for the pilot testing task. The San Diego County Water Authority pilot tested Zenon and USF submerged units in parallel. .. U.S. Environmental Protection Agency, Office of Groundwater and Drinking Water: Arsenic Technologies and Costs Document 1 Washington DC. Assisted in developing an arsenic treatment decision tree and associated cost templates. Also, prepared detailed worksheets that can estimate national compliance costs. . U.S. Environmental Protection Agency, Office of Groundwater and Drinking Water: Stage 2 DSPs Technology and Cost Document 1 Washington DC. Evaluated the cost and disinfection by-product impact for moving the point of chlorination, chloramination, enhanced coagulation, and enhanced softening in potable water treatment. Assisted in writing these sections in the technology and cost document. PUBLICATIONS Mitchell, D., Bryck, J., Kommineni. S.N., Gous, L., "Evaluation of Membranes and Dissolved Air Flotation to Treat High OrganiC and High Turbidity Water," Proceedings, Membrane Technology Conference of the American Water Works Association, Phoenix AZ, MarCh 6-9, 2005. _ - M1B2:60!lDAL: nc:;~:;~:~}~~"i(> . MALCOLM PIRNIE I ~<..<'-_., City of Denton I ~ Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade ! .' " Komminenl, S.N., "Removing Multiple Inorganic Contaminants Using Reverse Osmosis," Proceedings, Membrane Technology Conference of the American Water Works AssoCIation, Phoenix AZ, March 6-9, 2005. Komminenl, S.N., Vernon, W., Clune, J., Edwards, M., Groendyk, A.S., "Introducing Membrane Treated Water Into Distribution System Without Upsetting Existing Pipe Scale - Scottsdale's Approach," Water Quality In the Distribution System, December 2004. Publication of the American Water Works Association. Kommineni, S.N., Chowdhury, Z.K., Amy, G., "Modeling of Water Quality Interferences on Arsenic Adsorbents," Proceedings, Water Quality Technology Conference of the American Water WorkS Association, San Antonio TX, November 14-17, 2004. Chowdhury, Z.K., Kommineni, S.N., Padilla, c., Sinha, S., Bryck, J., "Long-Term Planning for Water Quality to Comply with Stage 2 DBP Rule; Planning, Piloting and Costing," Proceedings, Water Quality Technology Conference of the American Water Works Association, San Antonio TX, November 14-17, 2004. Suydam, T., Pyle, R., Chowdhury, Z.K., Kommlnenl, S.N., "Comparison of Conventional and Membrane Technologies for Surface Water Treatment," Proceedings, Water Quality Technology Conference of the American Water Works Association, San Antonio TX, November 14-17,2004. Kommineni, S.N., "Treatment of Multiple Contaminants (As, F & U) from Groundwater: Process Selection, Implementation Issues and Costs," Proceedings. 12th Symposium In the Series on Groundwater Contaminants, Groundwater Resources AssoCiation of California, Fresno CA, October 18-19, 2004. Chowdhury, Z.K., Kommlnenl, S.N., Swanson, W., "Preparing for Water Quality Changes to Mitigate Scaling and Red Waters," Proceedings, Water Distribution and Plant Operations Conference of the American Water Works AssoCiation, Chicago IL, September 26-29, 2004. Kommlnenl, S.N., Weber, M., Pfordt, D., Chowdhury, Z.K., Dotson, A.D., "Innovative Arsenic Treatment strategies for Waters that Have High Concentrations of Interfering Ions," Proceedings, Annual Conference of the American Water Works Association, Orlando FL, June 13-17,2004. Kommlnenl, S.N., Chowdhury, Z.K., Bryck, J., "How to Build a Water Treatment Plant at a Greenfield Site?," Proceedings, 77th Annual Conference and ExpoSition of the Arizona Water and Pollution Control Association, Mesa AZ, May 5'7, 2004. Kommineni. S.N., Weber, M., Pfordt, D., "Innovative Arsenic Treatment strategies for Waters that have High Concentrations of Interfering Contaminants," Proceedings, 77th Annual Conference and Exposition of the Arizona Water and Pollution Control Association, Mesa AZ, May 5-7, 2004. Sinha,S., Kommineni, S.N., Chowdhury, Z.K., Lee, V., Hsu, Y.C., Jain, A., "Reducing Taste and Odor (T&O) and Disinfection By-products (DBPs) Formation in Potable Water: City of Chandler and Phoenix Piloting Experiences," presented at the 77th Annual Conference and ExpoSition of the AfllOna Water and Pollution Control AssoCiation, Mesa AZ, May 5-7, 2004. Chang, Y-J, Kwan, P., Norton, M., Reiber, S., Chowdhury, Z.K., Kommineni, S.N., et aI., "Demonstration of Emerging Technologies for Arsenic Removal Volume 1: Bench-Scale Testing," Report, Ameflcan Water Works Association Research Foundation, Denver CO, March 2004. Ahmed, A., KomminenL, S.N., Van Fleet, D., Mattingly, W., Chowdhury, Z.K., "Treatment and Non-Treatment Technology Planning for Arsenic Compliance - City of Peoria's Experiences," Proceedings, Water Quality Technology Conference of the American Water Works Association, Philadelphia PA, November 2-6, 2003. ~_/O'l _ ~~ _'~,;ri!~'"lM~r,fc. c,,"'~. ~C _ MALCOLM PIRNIE Ii!] -- City of Denton I' _ . . Prellminary Design of Lake Lewisville Water Treatment Plant Upgrade I ,"_ Kommineni, S,N., Devkota. L.. Sinha, S" Chowdhury, Z.K., Lee, V., "Use of Ozone and Filter Adsorbers to Remove DBP Precursors - City of Phoenix study," Proceedings, Water Quality Technology Conference of the American Water Works Association, Philadelphia PA, November 2-6, 2003. Chowdhury, Z.K., Kommineni. S.N" "Using WTP Simulation Model for Planning Disinfection Changes," Proceedings, Water Quality Technology Conference of the American Water WorkS ASSOCiation, Philadelphia PA, November 2-6,2003. Sinha,S., Westerhoff, P., Kommineni, S.N., Sharp, V., Chowdhury. Z.K.. "Removing Musty/Earthy Taste and Odor Using Ozone-Assisted Blofiltration: Pilot Study Findings and Full-Scale Implementation Issues," Proceedings, Water Quality Technology Conference of the American Water Works Association. Philadelphia PA, November 2-6, 2003. Sinha,S., Kommineni, S.N., Chowdhury, Z.K., "Variously Configured Biofilters to Remove DBP Precursors," presented at the 19th Annual Tri-State Seminar on the River, Laughlin NV, September 27, 2003. Kommineni, S. N.. Vernon, W. , Clune, J. , Edwards, M. A.. Groendyk, A, s., "Introducing Membrane Treated Water Into Distribution System Without Upsetting Existing Pipe Scale - Scottsdale's Approach," Proceedings, Annual Conference of the American Water Works Association, Anaheim CA, June 15-19, 2003. Kommineni. S. N., Westerhoff, P. . Sinha. S. , Pei, P. , Chowdhury, Z. K., Jain, A. , "Taste and Odor Compounds in Potable Waters: How to Remove them Using Ozone-Assisted Biofiltration?," Proceedings, Annual Conference of the American Water Works ASSOCIation, Anaheim CA, June 15-19, 2003, Kommineni. S. N., Ela, W. P., Arnold, R. G., Huling, S. G., Hester. B. J.. Betterton, E. A., "NOMA Treatment by Sequential GAC Adsorption and Fenton-Driven Destruction," Environmental Engineering Science, Vol. 20, No.4, 2003. Kavanaugh, M. c., Chowdhury, Z. K., Kommineni, S. N., Liang, S. , Min, J. , et aI., ., "Removal of MTBE with Advanced Oxidation Processes," Report. American Water Works Association Research Foundation, Denver CO, 2003. Ahmed, A., Kommlnenl, S. N., Chowdhury. Z. K., "Arsenic Treatment/Compliance Study for City of Peoria," presented at the 76th Annual Conference and Exposition of the Arizona Water and Pollution Control Association, Tucson AZ, April 30-May 2,2003. Prasad. R., Kommineni, S., "Role of IT in Planning for Arsenic Rule Compliance," presented at the 76th Annual Conference and ExpOSition of the Arizona Water and Pollution Control Association, Tucson AZ, Apnl30-May 2, 2003. Seamans, M., Lozier, J. C., Kommineni, S. N., "Implications and Issues with Reverse Osmosis Treatment of Air Stripped Groundwater: City of Scottsdale Evaluation," Proceedings, Membrane Technology Conference of the American Water Works Association. Atlanta GA, March 2003. Narasimhan, R ,Kommineni. S. N" "Point-of-Use/Point-of-Entry Treatment for Arsenic Removal: AWWARF Demonstration Project," Proceedings, NSF International POU/POE Treatment Technology Conference, Orlando FL, February 13-14, 2003. Kommineni, S. N., Narasimhan, R. , Durbin, H. , "Point-of-Use!Point-of-Entry Treatment for Arsenic Removal: Operational Issues and Costs," Proceedings. Water Quality Technology Conference and Exhibition of the American Water Works Association, Seattle WA, November 10-14,2002. Chowdhury, Z. K.. Kommineni. S. N., Chang, Y., Lindley, T. R., "Adsorption Treatment for Arsenic Removal: Design, Operation and Costs," Proceedings, Water Quality Technology Conference and Exhibition of the American Water Works ASSOCiation, Seattle WA, November 10-14.2002. - Mlaf~P11 DAL . - -"c,~~ _~>'~r>1~~~~~~t.~~~~;~g~'2-~ "_~'~L MALCOLM PIRNIE ~<-' " ' City of Denton i' Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade I. Kommineni, S.N., Chowdhury, Z.K., Pressman, J.G., Dotson, A.D., "MTBE Removal Using UV/Peroxide Oxidation: Pilot Study Results, Design Considerations and Treatment Costs," Proceedings, Water Quality Technology Conference and Exhibition of the American Water Works ASSOCiation, Seattle WA, November 10-14, 2002. Chowdhury, Z. K., Kommineni, 5. N., "Comparison of Innovative Treatment Technologies for Arsenic Removal from Groundwaters," Proceedings, Journees Information Eaux 2002, Paris, France, September 2002. Chang, Y. , Kommineni, 5. N., "From Pilot to Full Scale: Using Adsorption Assisted Membrane Processes for Arsenic Removal -- Design, Operation, and Cost Considerations," Proceedings, International Congress on Membranes, Toulouse, France, July 2002. Galeziewski, T. M., Kwan, P., Kommlnenl, $. N., Dotson, A. D., Johnson, B., "Three New Arsenic Removal Technologies: How to Design Them and How Much They Will Cost," Proceedings, Annual Conference of the American Water Works Association, New Orleans LA, June 18, 2002. Kommineni, 5. N., Chowdhury, Z. K., Croue, J., Corin, N., "MTBE Removal Using UV/Peroxide Oxidation: Pilot Study Results, Design Considerations and Treatment Costs," Proceedings, Annual Conference of the American Water Works Association, New Orleans LA, June 18, 2002. Chowdhury, Z. K., Kommineni, 5. N., Narasimhan, R. , Brereton, J. , Amy, G. L., Sinha, S. , "Implementation of Arsenic Treatment Systems Part 1. Process Selection," Report, American Water WorkS Association Research Foundation, Denver CO, 2002. Kommineni, 5. N., Chowdhury, Z. K., "Design and Process Selection Issues for Arsenic Removal Technologies," Proceedings, 75th Annual Conference of the Arizona Water and Pollution Control Association, Mesa AZ, May 14, 2002. Chowdhury, Z. K., Kommlnenl, 5. N., Chang, Y., "Comparison of Innovative Technologies for Arsenic Removal," presented at the 2002 Inorganic Contaminants Workshop, San Diego CA, February 3-5, 2002. Komminenl, S. N., Chowdhury, Z. K., Lozier, J. c., Miller, F. , Bailey, T., Dew, M. , "Evaluation of Alternative Foulant and Sealant Control Methods for Nanofiltratlon/Reverse Osmosis Treatment of Surface Waters," Proceedings, Water Quality TeChnology Conference of the American Water Works Association, Nashville TN, November 11-14, 200l. Kwan, P. , Reiber,S. H., Kommineni, S. N., Chang, Y. , Chowdhury, Z. K., "Water Quality and Operational Considerations for Using Ion Exchange for Arsenic Removal," Proceedings, Water Quality Technology Conference of the American Water Works Association, NashVille TN, November 11-14, 2001. Chowdhury, Z. K., Kommlnenl, S. N., Norton, M. V., Reiber,S. H., Chang, Y. , Sroka, T. , "Microsand Based Arsenic Removal Technologies: Southwest Utility Experiences," Proceedings, Water Quality Technology Conference of the American Water Works Association, Nashville TN, November 11-14, 2001. Sinha,S., Lee, N., Yoon, Y., Amy, G., Kommineni, S. N., Chowdhury, Z. K., "Arsenic Removal through Innovative Adsorbents and Coupled Adsorbent- Membrane System: Bench-Scale Studies," Proceedings, Water Quality Technology Conference of the American Water Works Association, Nashville TN, November 11-14, 2001. Kommineni, 5. N., Chang, Y. , Chowdhury, Z. K., Amy, G., Reiber,S. H., Kwan, P. , Johnson, B. , "Coagulation-Assisted Membrane and Ceramic Media Filtration for Arsenic Removal: Surface Water and Groundwater Utility Experiences," Proceedings, Water Quality Technology Conference of the American Water Works Association, NashVille TN, October 1,2001. "4182601/ DAL '>;:: /~-:~::}rJ/-j~f MALCOLM PIRNIE I - - -~ - --=------ '- --- .: '-. - li!] - - '-- City of Denton l-' Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade I _ Kwan, P., Miller, S. M, Perry, S. A, KommlnenL S. N., "Sodium-Free Ion Exchange: Pilot Testing Innovative Ion Exchange Processes for Arsenic Removal," Proceedings, National Conference of the American Water Works Association, Washington DC, May 2001. Chowdhury, Z. K., Kommineni, S. N., Kavanaugh, M. c., et aI., ., "Removal of MTBE from Potable Waters by Advanced Oxidation Processes: A Bench and Pilot Scale Evaluation," Proceedings, National Conference of the American Water Works Association, Washington DC, May 2001. Norton, M. V., Chang, Y. , Galeziewskl, T. M., Kommlneni, S. N., Chowdhury, Z. K., "Throw. Away Iron and Aluminum Sorbents Versus Conventional Activated Alumina for Arsenic Removal.. Pilot Testing Results," Proceedings, National Conference of the American Water Works Association, Washington DC, May 2001. Lozier, J. c., Kommineni. S. N., Chowdhury, Z. K., Miller, F. , Pearthree, M.S., Ring, M. , "Evaluating Alternative Fouling and Scaling Control Methods for NF/RO Treatment of Surface Waters," Proceedings, Membrane Technology Conference and Exhibition, San Antonio TX, March 4-7, 200l Kommlneni, S. N., Chowdhury, Z. K., "Arsenic Regulation Impacts Arizona Water Utilities," Newsletter, Arizona Water and Pollution Control Association, VoI.1B, No.1, March/April 2001. Kommineni, S. N., Narasimhan, R., Chowdhury, Z. K., "Arsenic Regulation: Interactive Decision Tree," Proceedings, Water Quality Technology Conference of the American Water Works Association, Salt Lake City UT, November 5-9, 2000. Frey, M. M., Chwirka, J. , Narasimhan, R. , Kommineni, S. N., Chowdhury, Z. K., "Cost Impacts of a Lower Arsenic MCL," proceedings, Water Quality Technology Conference of the American Water Works Association, Salt Lake City UT, November 5-9, 2000. Lozier, J. C., Kommineni, S. N., Farmer, W., Chowdhury, Z. K., Ring, M., "Impacts of Slow sand Filtration, Bio-Optimized Rapid-Sand Filtration and Microfiltration Pretreatment on Nanofiltration of Colorado River Water," Proceedings, Water Quality Technology Conference of the American Water Works Association, Salt Lake City UT, November 5-9, 2000. Kommineni, S. N.. Stocking, A. J., Chowdhury. Z. K., Zoeckler, J. R., Flores, A. E., Kavanaugh, M. "The Use of Advanced Oxidation Processes for Removal of MTBE from Drinking Water," Proceedings, Water Quality Technology Conference of the American Water Works Association. Salt Lake City UT, November 5-9, 2000. Frey, M. M., Chwlrka, J., Narasimhan, R. , Kommineni, S. N., Chowdhury, Z. K., "Cost Implications of a Lower Arsenic MCL," presented at the Arsenic Research Partnership'- Technology Transfer Conference, Costa Mesa CA. July 12-13, 2000. Reiber, S. H., Chang, Y., Chowdhury, Z. K., Kommlneni, S. N.. "Demonstration of Emerging Technologies for Arsenic Removal," presented at Arsenic Research Partnership -- Technology Transfer Conference, Costa Mesa CA. July 12-13, 2000. Chowdhury, Z. K., Kommineni, S. N., Lozier, J. c., Ring, M. , Collins. R. , "Effect of Pretreatment on Nanofiltration Performance: Slow sand versus Rapid Sand versus Microfilters," Proceedings, National Conference of the American Water Works Association, Denver CO, June 15, 2000. Lozier, J. C., Kommlneni, S. N., Chowdhury, Z. K., Suchodolski, W. , Pearthree, M.S., Farmer, W., "Evaluation of Various Pre-treatment Processes in Hybrid NF/RO Treatment of Colorado River Water," presented at the 11th Annual Conference of the North American Membrane Society, Boulder CO, May 23-27,2000. . ". . . MALCOLM PIRNIE t.1182601/ OAt. _ rt!1l --'-' - City of Denton ! . Preliminary Design of Lake Lewlsville Water Treatment Plant upgrade I, '__ Frey, MM., Chwirka, J. , Komminenl, S. N" Chowdhury, Z. K., Narasimhan, R. , "Cost Implications of a Lower Arsenic MCL," published by the American Water WorkS Association Research Foundation and the American Water Works ASSOCiation, Denver CO, May 5, 2000. Jack, A. M., Kommineni. S. N., "Arsenic Treatment Technologies and Costs: National vs. Regional Costs," Proceedings, 73rd Annual Conference of the Arizona Water and Pollution Control Association, Mesa AZ, May 3-5, 2000. Kommineni. S. N., Farmer, W. , Pearthree, M. S., Ring, M. , LOZier, J. c., Chowdhury, Z. K., "Nanofiltration Treatment of Colorado River Water: Impact of Various Pretreatment Processes," Proceedings, 73rd Annual Conference of the Arizona Water and Pollution Control Association, Mesa AZ, May 3-5, 2000. Kommlneni, S. N., Narasimhan, R. , Chowdhury, Z. K., "Treatment Process Integration for Removal of Arsenic," Proceedings, 73rd Annual Conference of the Arizona Water and Pollution Control Association, Mesa AZ, May 3-5,2000. Komminenl, S. N., Zoeckler, J. R., Stocking, A. J., Liang, S. , Flores, A. E., Kavanaugh, M. c., "Advanced Oxidation Processes," Chapter 3.0 in Treatment Technologies for Removal of Methyl Tertiary Butyl Ether (MTSE) from Drinking Water, Second Edition. Written for The California MTSE Research Partnership, Gina Melin, ed.: Center for Groundwater Restoration and Protection, National Water Research Institute, Fountain Valley CA, February 2000. Kommineni, S. N., Sierka, R. A., "Incorporation of Molecular Size Parameters in the Membrane Performance Models for Ultrafiltration Treatment of Pulp and Paper Mill Effluents," Proceedings, International Congress on Membranes, Toronto, Canada, June 1999. Kommlnenl, 5. N., "Mechanistic Study of Ultrafiltration Membrane Fouling In the Separation of Molecular-Size Characterized Pulp and Paper Mill Effluents," Doctoral Dissertation, Department of Chemical and Environmental Engineenng, University of Arizona, Tucson AZ, December 1998. UMI Dissertation Services, Ann Arbor MI, August 1999. Kommineni, S. N., "Novel Molecular-Size Characterization Protocol: Its Application In Modeling the Fouling of Membranes during Pulp Mill Effluent Treatment," presented at the 71st Annual Conference and Exposition of the Water Environment Federation (WEFTEC '98), Orlando FL, October 199B. Komminenl, S. N., "Ultrafiltration Treatment of Bleach Plant Effluents: Use of Molecular Size Parameters In the Membrane Performance Models," presented at the Annual Conference of the North American Membrane Society (NAMS), Cleveland OH, May 1998. Kommlneni, S. N., "Mitigation of Membrane Fouling Using Surfactants in the Ultrafiltration Treatment of Extraction-Stage Pulp Mill Effluents," presented at the 6th Annual Conference on Arizona Environmental Studies, Flagstaff AZ, March 1998. Kommineni, S. N., "Mechanisms of Fouling and their Mitigation Using Surfactants in the Ultrafiltration Treatment of Pulp and Paper Mill Effluents," presented at the Spring National Meeting of the American Institute of Chemical Engineers, New Orleans LA, March 1998. Slerka, R. A., Kommineni, S. N., "Modeling Ultrafiltration Separation Processes for Treating Extraction Stage Pulp Mill Wastewaters," presented at the spring National Meeting of the American Institute of Chemical Engineers, New Orleans LA, March 1998. Kommlneni, S. N., Sierka, R. A., "Parametric Study for the Destruction of TNT and RDX in Pink Water by Advanced Oxidation Processes," Proceedings, Annual Conference of the International Ozone Association, Ottawa, Canada, September 1996. - > -0"- -M1826QI/.DA~ . '. : -~<~ -:~,-~ ~}~t < _~_ ___. _ ;-~_~~~_ ~~~c~c;.-~~_~~~_:-i;~?"-=""~'d_l~~Z_c MALCOLM PIRNIE It!JJ I . ,- City of Denton ! . Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade I ~ Kommineni. S. N., Rodacy, P. J., Slerka, R. A., Bryant, C. W., "Destruction of Explosives in Groundwater and Process Water Using Photocatalytic and Biological Methods," Department of Energy/Sandia Report, SAND96-029.UC-801, April 1996. Kommineni. S. N., Sierka, R. A., Bryant, C. W., "Sequential Physical, Chemical and Biological Oxidation of Pink Water," presented at the Third Annual Arizona Environmental Studies Conference, Tucson AZ, March 1995. Kommlnenl, S. N., "Sequential Physical, Chemical and Biological Treatment of Munitions Wastewater," Masters Thesis, Department of Chemical and Environmental Engineering, University of Arizona, Tucson, May 1994. 1y118260t'/PAl i1ii'~l{{~1~!_ '"" '~..2 MALCOLM PIRNIE V.K. GUPTA, P.E. Gupta & Associates, Inc. Electrical Engineer, President Summary Mr. Gupta has more than 27 years of planning, design and construction management experience. His experience includes electrical, instrumentation Icontrol, SCADA system design for water and wastewater treatment plants, lift stations, and pump stations. He started GAl consulting company about 5.0 years ago, before starting GAl he worked with Camp Dresser & McKee, Inc. He has worked as a consulting engineer for over 27 years and has functioned as the senior electrical engineer for projects in various states. He is registered in twelve other states. Education M.S. - Electrical Engineering, Southern Methodist University, 1977 B.S. - Electrical Engineering, Delhi College of Engineering, 1974 Registration Registered Professional Engineer: Texas, Oklahoma, New Mexico, Arizona, Louisiana, Colorado, Kansas, Illinois, Missouri, Minnesota, Iowa, and Mississippi Member Instrumentation Society of America IEEE Experience Relevant water treatment project experience as GAl includes: Tom Harpool WTP, TX Designed the electrical and instrumentation system for a new 15 MGD water treatment plant which included membrane system, high service pump station and standby electrical generators. Olathe Water Treatment Plant, KS Designed the electrical and instrumentation system for the plant expansion which included membrane system and upgrade of the various processes. Rolling Hill Water Treatment Plant, Fort Worth, TX Project Manager. Provided electrical and control design for 160 MGD ozone facility for the water treatment plant. The project included interface to the SCADA system. Ray Roberts Water Treatment Plant, City of Denton, TX Project Manager. For the new plant designed the main power distribution system with incoming power at 15KV and backup generator system. Designed the 5.0 kV main distribution switchgear, three 1.4 MVA, 4160 volts backup generators and paralleling switchgear. Western Canyon Regional Water Supply Project, GBRA Designed the electrical and control system for raw water pump station, water treatment plant and booster pump stations. The water treatment plant included membrane facility and associated processes. City of Dallas East Side Booster Pump Station Designed the electrical and controls systems for the 400 mgd pump station, which includes eight 3000 hp pumpl motors. Four of the pumps consist of variable frequency drives. Edmond Water Treatment Plant Designed the electrical system for the plant expansion and renovation which included ozone, filters and chemical systems. Southeast Water Treatment Plant, Houston, TX Designed the electrical system for the 70mgd expansion, which included rapid mixers, sedimentation basins, filters, transfer pump station and new chemical building. Also designed the UV facility which will be bid in future. City of McAllen Water Treatment Plant Designed the electrical and instrumentation system for a new 8 MGD WTP. Designed the PLC based SCADA and control system for monitoring and control of the WTP. Dallas East Side Water Treatment Plant, Dallas, TX Project Engineer. Designed the electrical and instrumentation system for new chlorine and ammonia facilities for the 400 MGD water treatment plant. Both facilities consisted of indoor railroad car storage and scrubber systems. The SCADA system included PLC's connected via fiber optic to the central control system. Eagle Mountain Water Treatment Plant, Phase.3 Expansion Designed the electrical system for the 35 MGD expansion, which included the filters, high service pump station, and other processes. Eagle Mountain Raw Water Pump Station Designed the electrical and control system for a new 70 MGD pump station. Ben Brook Water Treatment Plant, TX Designed the electrical and instrumentation system for the renovation and expansion of the 12 MGD plant. City of Ben Brook Water Treatment Plant Designed the electrical and instrumentation system for the plant expansion to 10MGD. Included expansion of the raw water and high service pump stations. Designed the SCADA system for monitoring and controls. DRAFT MINUTES PUBLIC UTILITIES BOARD FEBRUARY 27,2006 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, February 27,2006 at 9:21 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Chair Newell, Bill Cheek, John Baines, Phil Ga11livan and Bob Bland EX OFFICIO MEMBER: Howard Martin, Interim City Manager Absent: George Hopkins and Dick Smith ITEMS FOR INDIVIDUAL CONSIDERATION: 7) Consider recommending approval of a Professional Services Agreement for Architect or Engineer between the City of Denton and Malcom Pirnie in the amount of $200,000 for Engineering Services for the Preliminary Design of Lake Lewisville Water Treatment Plant Upgrade. Tim Fisher gave a brief review of this item. Bland moved to approve Item 7 with a second from Cheek. The motion was approved by a vote of 5-0. AGENDA INFORMATION SHEET AGENDA DATE: March 7, 2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Janet Fitzgerald 349-8271 ACM: Jon Fortune Ii SUBJECT Consider adoption of 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 the state law exempting such purchases from the requirements of competitive bids; and providing an effective date (File 3473-Agreement With North Texas Umpire Association in the amount of $40 per game for an estimated award of $44,000). FILE INFORMATION The Agreement between the City of Denton and the North Texas Umpire Association is to supply officiating services for the Adult Slow Pitch spring, summer, and fall seasons for men's, co-ed, and women's 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. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source do not have to be competitively bid. The North Texas Umpire Association will officiate 1,100 adult softball games for the Parks and Recreation Department during the 2005-06 fiscal year. The Association will be paid $40 per game and will provide two ASA umpires and one scorekeeper per game. RECOMMENDA TION Award to North Texas Umpire Association in the amount of $40 per game for an estimated total amount of $44,000. PRINCIPAL PLACE OF BUSINESS North Texas Umpire Association Denton, TX Agenda Information Sheet March 7, 2006 Page 2 ESTIMA TED SCHEDULE OF PROJECT This Agreement will remain in effect through December 15, 2006. FISCAL INFORMATION This Agreement will be funded from Parks and Recreation account 411170.7868. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent l-AIS-File 3473 L\Our Documents\Ordinances\06\North Texas Umpire Assoc Ordinance.doc 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 from 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 rights 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 ,2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROy:EDA'STOLlfGALFORNE..-..,__." E~YVlNM. S~~~~,CIT'{~~TORNE~;> ( .'. _.."'~___..._ ~~_~.""C...- _~ ~~ --------- .~ 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 2006 Adult Slow-Pitch Seasons for Men, Women and Coed ASA softball games that are scheduled by PARD at North Lakes Softball Complex, Denton, Texas. B. The start date is March 2006 and runs through December 2006. C. 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. D. 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 level 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. C. Schedule of Payment 1) Initial Payment PARD will make an initial payment in the amount of one-half (1/2) of the total expecte~ 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. AGREEMENT BETWEEN CITY OF DENTON PARKS AND RECREATION DEPARTMENT AND NORTH TEXAS UMPIRE ASSOCIATION 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 contest, a duly registered umpire who is a member in good standing of the ASA. 4. INTERPRETATION The Constitution, By-laws and rules and regulations of ASA and of NTUA are considered a part of this agreement and shall govern, except as modified by this Agreement, anydisputes arising out of this Agreement. Both parties to the Agreement agree to be so bound. 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 written notice. This agreement is void if either party cannot comply with its terms. 6. NOTIFICATION/SCHEDULE CHANGES All notifications concerning 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. 7. INDEMNIFICATION NTUA agrees to indemnify, defend and hold harmless, PARD, the CITY, 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. This agreement is executed to be effective as of authorized representatives of the parties hereto as set forth below. , 2006 by AGREEMENT BETWEEN CITY OF DENTON PARKS AND RECREATION DEPARTMENT AND NORTH TEXAS UMPIRE ASSOCIATION City of Denton, Texas North Texas Umpire Association Date Title Howard Martin, Interim City Manager D~e . '/1.'110<0 ~N~~ Na e Ta.fASL\~1L Title City of Denton Parks and Recreation Department Heather Gray 349-7218 349-8384 fax North Texas Umpire Association 524 N Locust, Suite A Denton, TX 76201 898-1561 380-9235 fax ,...../'....,,-_........-_..._.-.,-_._~ ..;"-"'-". "./' ..------:7. ....... /~~ ~ENTON,TEXAS BY: // AGENDA INFORMATION SHEET AGENDA DATE: March 7, 2006 DEPARTMENT: Fiscal Operations Jon Fortune II ACM: SUBJECT Consider adoption of an ordinance approving the extension of an agreement between the City of Denton and the Historical Park Foundation of Denton County, Inc., for the payment and use of hotel tax revenue; and providing an effective date. BACKGROUND The Historical Park Foundation of Denton County, Inc.'s (Foundation) was approved as a recipient of Hotel Occupancy Taxes monies for the restoration of the Denton County African American Museum. The terms of the agreement commenced on January 1,2005, and terminated at midnight on January 31, 2006. Only expenditures authorized and actually incurred during the program period, for events and activities taking place within the program period are eligible for funding under the agreement. The agreement includes that "any ineligible expenditures or unspent funds are to be forfeited to the City upon termination of the agreement." The Foundation was in the final stages of expending the funds for their restoration project. However, due an unforeseen circumstance, (loss of the contractor) the project was interrupted. The Foundation has requested an extension of the agreement in order to acquire another project contractor to complete the restoration project. PRIOR ACTIONNIEW (COUNCIL. BOARDS. COMMISIONS) The Hotel Occupancy Tax Committee met on February 2, 2006, and recommends a ninety-day extension of the current contract. The extension would commence on February 1, 2006, and terminate at midnight on April 30, 2006. FISCAL INFORMATION Funds were budgeted and expended during the 2004-2005 fiscal year from the Hotel Occupancy Tax Fund. Therefore, there is no impact on the current 2005-2006 fiscal year budget. Respectfully submitted: :,~ - At1R Diana G. Ortiz Chief Financial Officer ORDINANCE NO. AN ORDINANCE APPROVING THE EXTENSION OF AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE HISTORICAL PARK FOUNDATION OF DENTON COUNTY, INC., FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the performance deadlines of the hotel tax recipient, under a certain contract between the City of Denton, Texas and the Historical Park Foundation of Denton County, Inc., providing for the payment and use of hotel tax revenue during the 2005 program year, are hereby extended for a period not to exceed ninety (90) days. Consequently, all performance and reporting obligations of the recipient shall be completed no later than April 1, 2006, and recipient may accept the terms of this extension by its performance of same. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ED:~~:~~~NYDER,-e-Ff\L~EY ~~- ~ AGENDA INFORMATION SHEET AGENDA DATE: March 7, 2006 DEPARTMENT: CM: Parks and Recreation Department Howard Martin, 349-8232 .. SUBJECT Consider approval of a resolution allowing Tejas Storytelling Association to be the sole participant allowed to sell alcoholic beverages in the Civic Center Park at the Texas Storytelling Festival on March 31 - April 2, 2006, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Parks, Recreation and Beautification recommended approval 5-0. BACKGROUND The Tejas Storytelling Association, made up of community volunteers and city staff, has requested to sale alcohol at the Texas Storytelling Festival, allowing Tejas Storytelling Association be the sole proprietor of this product. This will be the first time alcohol sales have been requested for this event. The Tejas Storytelling Association will be responsible for rental of the booth space, obtaining the temporary license, and securing the temporary permit. The Tejas Storytelling Association provides police security at the event. The 21 st Annual Texas Storytelling Festival event promotes cultural enhancement and is co-sponsor by the City of Denton Parks and Recreation Department. It is held in Civic Center Park and includes professional and amateur performers, vendors, children's activities, and various entertainers. The three-day free event runs from Friday, 9:00 a.m. to 11 :00 p.m., Saturday, 9:00 a.m. to 11 :00 p.m., Sunday, 9:00 a.m. to 7:00 p.m. A Family Fun Area with arts and crafts, live storytelling entertainment and interactive actives will continue to be featured. Music entertainment stages where Brave Combo, Brian Houser, cowboy poetry, acoustic guitar, blue grass, jazz, and folks will be added to this years activities. The event continues to experience growth each year in community participation through national and regional storytellers. Last year's event hosted around 5,000 participants and was the largest event to contribute to the hotel/motel occupancy during the three-day event. OPTIONS The City Council may approve the request from the Tejas Storytelling Association as submitted, request changes to the ordinance, or deny the request for the sale of alcohol. RECOMMENDA TION Staff recommends approval of this request. ESTIMA TED SCHEDULE OF PROJECT The Texas Storytelling Festival three-day event runs from Friday, March 31st from 9:00 a.m. to 11 :00 p.m., Saturday, April 1st from 9:00 a.m. to 11 :00 p.m., and Sunday, April 2nd from 9:00 a.m. to 7:00 p.m. - 1 - PRIOR ACTIONIREVIEW At the February 6, 2006, meeting the Parks, Recreation and Beautification Board unanimously recommended approval of this item. FISCAL INFORMATION This action has no impact on the City's General Fund budget. All costs and revenue from this action will be solely the responsibility of the Tej as Storytelling Association. BID INFORMATION Not applicable EXHIBITS 1. Resolution 2. Letter of Request from Tejas Storytelling Association 3. Civic Center Agreement 4. Park, Recreation and Advisory Board Minutes of Feb. 6,2006 RESPECTFULLY SUBMITTED: Janet Fitzgerald, Director Prepared by: ~.. ti~ .... . .m'" ..m . .. Janie McLeod, Community Events Coordinator - 2 - S:\Our Documents\Resolutions\06\Tejas Storytelling Association.doc RESOLUTION NO. A RESOLUTION ALLOWING TEJAS STORYTELLING ASSOCIATION TO BE THE SOLE P ARTICIP ANT ALLOWED TO SELL ALCOHOLIC BEVERAGES IN THE CIVIC CENTER PARK AT THE TEXAS STORYTELLING FESTIVAL ON MARCH 31 - APRIL 2,2006, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of the Civic Center Park and through the Park and Recreations Department co-sponsors a Texas Storytelling Festival at the Civic Center Park; and WHEREAS, the consumption of alcoholic beverages is allowed in the Civic Center Park pursuant to City of Denton Code, g22-32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Texas Storytelling Festival; and WHEREAS, Tejas Storytelling Association (called "Tejas") has requested that they be sole participant allowed to sell alcoholic beverages at this year's Texas Storytelling Festival on March 31 - April 2, 2006; and WHEREAS, the Parks and Recreation Board has recommended that Tejas be the sole participant allowed to sell alcoholic beverages at the Texas Storytelling Festival; and WHEREAS, the City agrees with the recommendation of the Parks and Recreation Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Tejas shall be the sole participant allowed to sell alcoholic beverages at the Texas Storytelling Festival on March 31 - April 2, 2006 at the Civic Center Park upon the following conditions: 1. They shall be responsible for rental of any booth space necessary; 2. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 3. They shall provide the security necessary for the sale of alcoholic beverages; 4. They shall provide comprehensive general liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000.00. Exhibit 1 S:\Our Documents\Resolutions\06\Tejas Storytelling Association.doc 5. Agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Texas Storytelling Festival. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this Resolution, which shall be substantially in the form of the Agreement attached hereto and made a part hereof by reference. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2006. EULlNE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY Page 2 of2 S:\Our Documents\Contracts\06\Civic Center - Texas Storytelling Festiva1.doc CIVIC CENTER PARK AGREEMENT FOR TEJAS STORYTELLING ASSOCIATION STATE OF TEXAS ~ COUNTY OF DENTON ~ This Agreement, made this day of , 2006, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "City" and Tejas Storytelling Association, herein after referred to as "Tejas". WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 GENERAL The City grants to Tejas the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Texas Storytelling Festival on March 31 through April 2, 2006, to be held at the Civic Center Park. Attached hereto and made a part hereof by is a copy of the resolution passed by the City Council of Denton, Texas authorizing this privilege. This privilege does not extend beyond the date of the Texas Storytelling Festival set for the year 2006. ARTICLE 2 SCOPE OF SERVICES Tejas, in order to exercise the privilege to sell alcoholic beverages, must perform the following: A. Tejas shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the Texas Storytelling Festival. B. Tejas shall be solely responsible to obtain any temporary license and penmt necessary for the selling of alcoholic beverages at the Texas Storytelling Festival. C. Tejas shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcoholic beverages at the Texas Storytelling Festival. Tejas's failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of selling alcoholic beverages at the Texas Storytelling Festival. Exhibit 3 S:\Our Documents\Contracts\06\Civic Center - Texas Storytelling Festiva1.doc ARTICLE 3 LOCAL RULES AND REGULATION Tejas agrees to abide by all municipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, the Denton Civic Center Park Rules and Regulations, to obtain all necessary and proper licenses, penmts and authorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. Tejas shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the sale of alcoholic beverages. Tejas will exercise reasonable care and due diligence in their sale of alcoholic beverages at the Texas Storytelling Festival. ARTICLE 4 INDEMNITY AGREEMENT Tejas shall indemnify and save and hold harmless the City and its officers, agents, and employees from and against any and all liability, claims, demands, losses, and expenses, including but not limited to, court costs and reasonable attorney fees incurred by the City, and including, without limitation, damages for bodily and personal injury, death and property damage suffered by any person, including third parties, resulting from the negligent acts or omissions of Tejas or it 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 5 INSURANCE During the performance of the Agreement, Tejas 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. 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 that $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Tejas shall furnish insurance certificates or insurance policies at the City's request to evidence such coverages. The insurance policies shall name the City as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without written notice to the City and Tejas. In such event, Tejas Page 2 of5 S:\Our Documents\Contracts\06\Civic Center - Texas Storytelling Festival.doc shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICES All 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 otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To Tejas Storytelling Association: To City: Tejas Storytelling Association Cristin Thomas, Executive Director P. O. Box 2806 Denton, TX 76202 City of Denton: City Manager 215 E. 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' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and no 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, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 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 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, Tejas shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. Page 3 of5 S:\Our Documents\Contracts\06\Civic Center - Texas Storytelling Festival.doc ARTICLE 10 PERSONNEL A. Tejas 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 City. ARTICLE 11 ASSIGNABILITY T ej as 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 City. ARTICLE 12 MODWICATION 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. ARTICLE 13 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: (list exhibits) Exhibit "A" Resolution No. B. Venue of any suit or cause of action under this Agreement sha1llie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. C. 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 4 of5 S:\Our Documents\Contracts\06\Civic Center - Texas Storytelling Festival.doc IN WIlNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its dilly authorized City Manager, and Tejas has executed this Agreement through its duly authorized undersigned officer on this the day of ,2006. CITY OF DENTON, TEXAS HOWARD MARTIN INTERIM CITY MANAGER ATfEST: JENNIFER W ALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYJ?~&".cI:rYA-IT~ / '--~~c.,._~~~:::.':::::'=~~~==---~~~~."". .=:S--......-...----.--.-_=_~ TEJAS STORYTELLING ASSOCIA nON BY: ~-----....,......... BY: CRISTIN THOMAS EXECUTIVE DIRECTOR WITNESS: BY: Page 5 of5 Draft Parks, Recreation and Beautification Board February 6, 2006 Civic Center Conference Room Members present: Teresa Andress, Ross Richardson, Geri Aschenbrenner, Patrice Lyke and Jo Kuhn. Members absent: Chuck Smith and Reggie Heard. Staff present: Janet Fitzgerald, Janie McLeod, Bob Tickner and John Whitmore. Chair Teresa Andress called the meeting to order at 6:00 p.m. Awards and Recognitions. Janet announced that the Aquatics Program has won the national "gold medal" award for "Excellence in Aquatics". The award will be presented in Austin at the national conference on March 3rd. Janet invited the board members to ride with staff to Austin for the presentation. Approval of Minutes of January fjh. The minutes were accepted as distributed. ACTION ITEMS Sale of Alcohol at Texas Storytelling Festival. Janet said the Texas Storytelling Festival plans to expand its event by offering more entertainment and activities. This year's event has sponsorship from Ben E. Keith and the organizers requested permission to sale alcohol in the Civic Center Park March 31 - April 2nd. Jo made a motion to approve the request and Geri seconded the motion. The motion passed with a vote of 5-0. DISCUSSION ITEMS Capital Improvements Projects Update. Bob held an in-depth discussion of the upcoming Capital Improvement Projects (CIP) from 2006-2009. DIRECTOR'S REPORT Keep Denton Beautiful- The Keep Denton Beautiful newsletter was distributed and there were no questions or comments regarding the report. ITEMS FOR UPCOMING MEETINGS '" Katherine Barnett presentation on Clear Creek Natural Heritage Center '" Eureka Signage '" King Kids Day Kamp and the Owsley Camp funding '" Senior Center Design Teresa asked about the status of the Cross Timbers erosion. Janet said the survey costs were more than expected. The plan is to re-establish the flow of water in the creek beds. Janet will keep the Board informed as new development occurs. There being no further business, the meeting was adjourned at 6:54 p.m. Exhibit 4 AGENDA INFORMATION SHEET AGENDA DATE: March 7, 2006 DEPARTMENT: Legal Department CM/DCM/ACM: Jerry E. Drake, Jr., Deputy City Attorney SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING PAYMENT OF THE AWARD OF SPECIAL COMMISSIONERS INTO THE REGISTRY OF THE COURT IN CONDEMNATION PROCEEDING STYLED THE CITY OF DENTON, TEXAS V. JULIAN CHAVEZ, ET AL., CAUSE NO. ED-2005-00088 PENDING IN THE PROBATE COURT OF DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTNE DATE. BACKGROUND: On November 2, 2004, the City Council passed Ordinance No. 2004-346, authorizing the City to acquire the subject property and to institute condemnation proceedings if necessary. A Statement in Condemnation was filed with the Probate Court on February 4,2005. The Special Commissioners' hearing in this matter was held on February 22,2006, and resulted in an award of $92,000. OPTIONS: Pay Award of Special Commissioners into the Registry of the Probate Court and proceed with Landfill expansion project. RECOMMENDATION: The Legal Department, with the concurrence of the Solid Waste Department, recommends that the City pay the Award of the Special Commissioners into the Registry of the Probate Court. PRIOR ACTIONIREVIEW: On November 2, 2004, by Ordinance No. 2004-346, the City Council found that a public necessity existed and that public welfare and convenience required the acquisition ofreal property title and interests for the subject property. FISCAL INFORMATION: $92,000. Respe ~ ..// L--JenyE:-ni3.ke, Jr. Deputy City Attorney S:\OUf DocumenuIMLseef!aDI:OIl.!:\06\ag.euda information meet-cbavtT. i1Wilrd,dol;: S:\Our Docurnents\Ordinances\q6\chavez award ordinance. doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING PAYMENT OF THE AWARD OF SPECIAL COl\1MISSIONERS INTO THE REGISTRY OF THE COURT IN CONDEMNATION PROCEEDING STYLED THE CITY OF DENTON, TEXAS V. JULIAN CHA VEZ, ET AL. CAUSE NO. ED-2005-00088 PENDING IN THE PROBATE COURT OF DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTNE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Award of Special Connnissioners, attached hereto as Exhibit "A", in condemnation proceeding styled The City of Denton, Texas v. Julian Chavez, et at., Cause No. ED- 2005-00088 pending in the Probate Court of Denton County, Texas is hereby authorized to be paid into the Registry of the Probate Court. SECTION 2. This ordinance shall become effective ilnmediately upon its passage and approval. PASSED AND APPROVED this the day of ,2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY. BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER RNEY --- ..'-- .~.~ ~......_.---- . -~~--' ..--:: ,,/./ /' ...; ." /- ...- .~-..---::; ,/" ~.~~.;..~."",..:,'.:",-~ -,~:- ...~.--.-.",-.-."',-~"",,., 'Cr.i.....__' , :"~.""".. -, . .~ .:.~. .c' '., .-=-'-",-,'~",-;,-,~ -- '-'~~~...:.~~...::,,".-. . ,~., ..-J,:.~'.''--~r'-~-_~.';'~'''''__~- .-o:~~~.~. FILe J:, DCNrON c~~~eCORD F6 Ty CLcRlr < . 823~a'6 ~Cl'N CAUSE NO. ED-1005-00088. .' l rrCH~Lt DcPU'Ty CONDEMNATION PROCEEDINGS FILED f. copy CITY OF DENTON, TEXAS Plaintiff .. 9 9 9 9 9 JULIAN CRA VEZ, AS A HUMESTEAD 9 INTEREST, AND RONALD BROWN, 9 TERRY BROWN, WANDA NELL 9 HARRIS AKA WANDA DONATO, 9 KENNETH HO\VELL, KATRINA 9 WILSON, KENDRA HOWELL, AND 9 KEITH GOOD, AS TO A REMAINDER S llfrEREST, S S v. Defendants ill THE PROBATE COURT OF DENTON COUN1Y, TEXAS AWARD OF SPECIAL COMMISSIONERS On the 22nd day of February, 2006, in the City of Denton, Denton County, Texas, the above styled proceedings in eminent domain came on to be heard before the undersigned, three disinterested freeholders of Denton County, Texas, heretofore appointed as Special Commissioners, by the Judge of the Probate Court of Denton County, Texas to assess damages ..> , caused by these proceedings, and came the Plainti:ff, the City of Denton, Texas, a home-rule municipal corporation, situated in Denton County, Texas. Also came Defendants as hereinafter mentioned, and all parties having announced ready, the Commissioners proceeded to hear evidence and arguments of the parties, and made the following findings; 1. That on the 4th day of February, 2005, the City of Denton, Plaintiff, filed its Statement in Condemnation (the "Statement"). . In the Statement, Plaintiff, upon the facts and for the purposes therein stated, seeks judgment granting fee simple title in the name of the City of Denton, Texas, ;,x' in that certain tract or parcel of land containing approximately 1.0578 acres, together with improvements thereon and appurtenances thereto (the "Property''), as more particularly described as follows: SITUATED in the City of Denton, Denton County, Texas being a tract ofland out ofth.e Gideon Walker Survey, Abstract No. 1330, said tract being a portion of that parcel of land conveyed to Rosa Lee Chavez by deed as recorded in Volume 676, Page 369 of the Deed Records of Denton County, Texas (D.R.D.C.T.), said tract being herem more particularly described by metes and bounds as follows: BEGlNNIJ:\fG at a 7'2" capped iron rod at the southwest property comer of said Chavez tract being herein described, said point being the northwest property comer of a tract of land conveyed to the City of Denton by deed as recorded in Denton County Clerk's File (D.C.C.F.) No. 96-0034339, said point also being on the existing easterly right-of-way of South. Mayhill Road; THENCE, North 4 degrees 06 minutes 39 seconds East, along the west property line' of the said Chavez tract and along the said right-of-way line of South Mayhill Road, 150.12 feet to the northwest comer of the herein described tract; THENCE, South 88 degrees 14 minutes 03 seconds East 304.97 feet to the northeast property comer of the herein described tract, said point being on the west property line of a tract ofland conveyed to the City of Denton by deed as recorded in D.C.C.F. No. 96- 0021132; THENCE, South 2 degrees 24 minutes 40 seconds West, along a easterly property line of the said Chavez tract and along a westerly property line of the said City of Denton tract (96-0021132),233.11 feet to a 'lS!' capped iron rod found at a southeast property comer of the said Chavez tract, said point being the northeast property comer of the said City of Denton tract (96-0034339); THENCE, North 88 degrees 14 minutes 03 seconds West, along the southerly property line of the said Chavez tract and along the north property line of the said City of Denton tract (96-0034339), 309.42 feet to the POINT OF BEGINNING; The tract ofland being herein described contains 1.0578 acres (46,078 sq. ft.) ofland. The Property is being acquired for landfill purposes. II. That upon consideration of the Statement, dilly filed with the Court, the Judge of said Court, did appoint R. Scott Alagood, Scott Armey, and Greg Boling as Special Commissioners to assess damages caused by the taking of the Property (called the "Special Commissioners"). m. Award of Special Commissioners - Page 2 Thereafter, the said Special Commissioners, qualified as such, each took the Oath prescribed by law, which Oaths are on file with the papers in this cause. N. That after having so qualified, said Special Commissioners by written order, designated and appointed the 22nd day of February, 2006, at 9:00 a.m. in the Connnunity Training Room at Central Fire Station, 332 East Hickory, Denton, Denton County Texas, as the date, time, and place for hearing said Statement and the parties, said date being the earliest practical time and such place being in the County in which the Property is situated. y That a written notice of such date, time and place of the hearing was issued by the Special Commissioners and the Defendants, Julian Chavez, Ronald Brown, Terry Brown, Wanda Nell Harris aka Wanda Donato, Kenneth Howell, Katrina Wilson, Kendra Howell, and Keith Good, were duly served with notice and notified in the time and manner required by law of such hearing and the time and place thereof. VI. That on the 22nd day of February, 2006, said Special Commissioners did convene and the following named parties appeared in person or .by their attorneys: Jerry E. Drake, Jr., Attorney for the City of Denton, Plaintiff Roger Yale, Attorney for Julian ChaYe~ ~.:-~ (ob\, \ vJ~'" ",a-\- ~~" hIt) gee, .A.1teffie) fef Ronald Brown, Terry Brown, Wanda Nell Harris aka Wanda Donato, Kenneth Howell, Katrina Wilson, Kendra Howell, and Keith Good . A....c """"'\~ ~('" (""~ ~~)- ~ ~~ \'l..c.A<". (o-l'<-~ ~~~ I and announced ready for such hearirig"' and said Special Commissioners proceeded to hear evidence as to the damages to be sustained by the owners or parties having an interest in the Property by reason of the taking of the Property. After hearing and considering the evidence, . . Award of Special Commissioners - Page 3 said Special Commissioners did find and determine and accordingly assess damages to be paid by the City of Denton, Texas, according to the rule of damages set forth in Title 4, Chapter 21 of the Texas Property Code as follows: 1. Total damages to be paid by City of Denton, Plaintiff, for the Property, payable jointly to Defendants Julian Chavez, Ronald Brown, Terry Brown, Wanda Nell Harris aka Wanda Donato, Kenneth Howell, Katrina Wilson, Kendra Howell, and Keith Good, is in the amount of t.J ,'t"\. '-Lk - ~n "l"h\-) Y-..r- do \ co ($" 2 \ cruo "S." ). 2. The costs of these proceedings are adjudged against ~. ~~'"^~ ~ ~__ SIGNED TIllS THE 22nd day ofFebl11ary, 2006. S~NERS ~~ . ' scott~ iyf~1 4. Greg Boling Award of Special Commissioners - Page 4 The foregoing Award of Special Commissioners was filed with me the Presiding Judge of the Probate Court of Denton County, Texas, on the '27.">-)d day of ~c...'("",^ ,2006. '\ If is further ORDhKl:'.:V that ~ i~ np,,-p,hy ~w::mied as special dama:ges for rglQc~tiOlJ. a.ggistanee as autherizcd by Tc:.x. PiOp. Code S21.043: D~ k j)~ JUDGE PRESIDING . DON R. WINDLE, JUDGE PROBATE COURT RECEIVED U/1 DEPUTY FEB 2 3 2006 DENTON COUNTY CLERK CYNTHIA MITCHELL Award of Special Commissioners - Page 5 CITY OF DENTON CITY COUNCIL MINUTES February 6, 2006 After determining that a quorum was present, the City Council convened in a Special Called Work Session on Monday, February 6, 2006 at 11:30 a.m. in the Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None Item #2 was considered. 2. The Council received a report, held a discussion, and gave staff direction regarding Denton becoming a WiFi city. Alex Pettit, Chief Technology Officer, presented information concerning common terms, history of broadband, other municipal initiatives, commercial carrier offerings, and City of Denton wireless. He reviewed the terms associated with WiFi such as WiFi, WiMax, Hot Spot and WiFi Mesh. The history of broadband associated with the City indicated that there was wireless available January to September 2001 until the company went into bankruptcy. There were three different models of public initiatives - franchise model, do-it-yourself and community model. Rules for these differed by community. Council discussion- . What was the policy for paying for WiFi in other communities - Pettit replied that it varied per community. A city or Chamber of Commerce or private individuals might fund it. . The interest in WiFi for Denton would be as an amenity for tourists to use while visiting the downtown area. . Many individuals already had this in their homes - mainly would be used by people traveling to Denton . Have another agency such as the Convention and Visitors Bureau start the process and operate the technology. Pettit stated that the bottom line was how much would the public use the service. He presented the pros and cons between public and commercial systems. Council discussion- . Investigate if another organization would operate the system as part of a tourism attraction. . Staff was currently looking into the feasibility of establishing service at the libraries - considerations were cost and impact on the library budget. . Consider a test placement in one library first rather than placing the technology in all libraries. . Collect more information from South Lake on its usage for the next 6 months. . Consider a survey of possible users by the library to see if there would be any interest. Council returned to the regular agenda order. 1. The Council received a report, held a discussion and gave staff direction regarding a Code Enforcement presentation by Jim Olk, Building Official with the City of Farmers Branch. City of Denton City Council Minutes February 6, 2006 Page 2 Jim Olk, Building Official-City of Farmers Branch, stated that code enforcement was important in Farmers Branch due to the perception of declining neighborhoods, problem areas, aging housing stock, property values, housing concerns, fragmented enforcement and increased complaints. He indicated that a main priority of the Farmers Branch City Council was property maintenance and appearance. Major concerns voiced included neighborhoods in decline, no effective code enforcement, trash and debris allowed to sit for weeks, too many vehicles, overcrowding, garage conversions and overall neighborhood appearance. Staff analysis included analyzing the existing ordinance, benchmarking housing concerns, studying neighborhood appearance issues, researching previous ordinances, benchmarking property conditions, benchmarking procedures and processes, analyzing staff time and the mapping of level of service. A system was developed of structure rating and a housing condition survey was completed. The current complaint process was charted for effectiveness and how employees spent their time in certain areas. Other considerations included other property appearance issues, existing ordinances, the need for some updated ordinances, desired level of service and a determination of who was their customer whether it was the violator or neighbor. The Farmers Branch initial actions included a review of Code Enforcement Strategic Plan, adoption of ordinances for issues not currently covered such as garage conversions, RV storage and utility trailers, items in front yard, fences in front yard, accessory building regulations, and inoperable building regulations. Other actions by Council included revising the policy regarding violation notices, communicating the desired level of service, and amending an apartment-licensing program. Compliance was the goal with only one notice to violators. Certificate of occupancy inspection procedures included inspection of all single-family dwelling units upon change in tenant, inspection for violations to the property maintenance code, and minimum housing code standards. Council discussion- . Number of code enforcement officers in Farmers Branch - Olk stated there were four employees. . How was his department set up - Olk replied that the code enforcement officers reported to the building official who supervised building inspections and code enforcement. . There was a need to analyze what was in the city before determining department-staffing needs. . Consider outsourcing a housing survey to get results as soon as possible. . Farmers Branch held meetings with apartment complexes to let them know what was commg. . What was done for lower economic individuals who failed to comply due to financial constraints - Olk replied that social service agencies or other available agencies assisted. . Collecting data was important in order to get compliance. With no further business, the meeting was adjourned at 1 :30 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 7, 2006 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, February 7, 2006 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None 1. The Council received a report, held a discussion and provided direction on the proposed designation of a prominent thoroughfare as the Dr. Martin Luther King, Jr. Memorial Highway. Mark Nelson, Chief Transportation Officer, stated that in early November staff presented a work session item regarding the renaming of Morse Street to Martin Luther King, Jr. At that meeting staff was directed to look at other options for a street that went through the entire city. Staff looked at streets coming on line, 1-35 and Loop 288. The Council Mobility Committee suggested Loop 288 Memorial Loop. To make that designation, Council could have to approve a resolution and forward it to the Regional TxDot office with appropriate applications and forms to facilitate discussion at the Regional Office. Upon approval from the Regional Office, the request would be directed to the Austin TxDot office for approval. Once granted on that level, the City would be able to use that designation. A memorial designation did not affect postal codes or 911 designations. Businesses and residences along the Loop would not have to change addresses. A public hearing process would be held for citizen input. The process through TxDot would take approximately 2 months and if approved from Austin, the City would have to wait 90 days after approval to change the designation. Council discussion- . Designate Loop 288 from 1-35E to University Drive as it was a better focus and was more in line with other designated highways that looked at only at a portion of the roadway. . This would not be a renaming Loop 288. It would be a memorial designation. . More information was needed on different scenarios of fiscal implications for signs. . Consider at least two public hearings with four to five scenarios for public consideration. . The proposal did not have to go to the Planning and Zoning Commission, as it was not a name change but rather a designation. . Consider a first stage of holding a public hearing at the Planning and Zoning Commission. It would be a good way to hold one of the public hearings. . After the public hearing, the Planning and Zoning Commission could make a recommendation to Council. Council Member Heggins indicated that she was not in favor of having the proposal go the Planning and Zoning Commission. Consensus of the Council was to forward the proposal to the Planning and Zoning Commission for a public hearing. 2. The Council received a report, held a discussion and provided direction regarding response time commitments for customer requested electric meter connects and disconnects. City of Denton City Council Minutes February 7, 2006 Page 2 Sharon Mays, Director of Electric Utilities, stated currently it was DME's internal goal to provide same day response to customers making a qualified request for connection or disconnection of their electric meter. This was not a formal policy that was reviewed and approved by either the Public Utilities Board or the City Council. After examination of the issue by the DME Metering Division and the Customer Service Department it was suggested that a next business day response commitment was appropriate. The time frame for the next day policy would allow for connection/disconnection no later than the end of the second business day from the date Customer Service issued a customer confirmation number. Unusual circumstances might lengthen the time period. Council discussion- . Was there an option for payment of overtime for a customer to pay for same day service? Mays replied yes at the City Hall in the Mall location, a customer could pay an additional fee to get same day turn on if after hours. This option could be extended to customers coming in during the day. . Consider having one fee to apply to same day service either for connects or disconnects. . Had the Public Utilities Board approved this proposal? Mays replied yes. They noted that the proposal would add flexibility to the process and allow extension of response times under unusual circumstances Consensus of the Council was to proceed with the recommendation 3. The Council received a report, held a discussion and gave staff direction concerning a Master Development Zoning District and the definition of a master plan development. Kelly Carpenter, Director of Planning and Development, stated that several months ago staff became aware of a large development coming through the development process. The proposed development would require a master plan community-zoning district. Staff researched different areas in the country with master development zoning districts and developed a first draft of a potential method to set standards for a master development zoning district. The concept envisioned a phasing plan, renewal look at the plan every five years to see if it were still viable, developer agreements as part of the ordinance on who would pay for what and set the process for maj or/minor amendments. Council discussion- . This type of district made sense due to current proposed zoning in the works. . This would apply to large developments such as 300-400 acres in size. There needed to be a rationale on the size of developments to use this zoning tool. . If the acreage were set high, there would be a need to have a mechanism for a smaller development to work through the process. Determine a reason other than development size for a proposal to fit into a master development-zoning district. Consensus of Council was to proceed with the proposal. 4. The Council received a report, held a discussion, and gave staff direction regarding Denton's 2007 Congressional Priority Project requests. City of Denton City Council Minutes February 7, 2006 Page 3 Betty Williams, Executive Administrator, presented the 2007 congressional pnonty project requests. Both the Senate and House were currently calling for projects and earmarking projects for funding. Denton's top priority was the west Loop 288 extension. The second top priority project was security and safety enhancements at the Denton Municipal Airport. The third suggested project was downtown development projects for sidewalks around Square and the final suggested project was the public safety training facility with technology needs. Consensus of the Council was to proceed with the priorities as listed. 5. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for February 7, 2006. It was noted that Item V on the Consent Agenda would be pulled and discussed further at a future work session. Item H would be pulled from consideration, as the contract was not completed. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:05 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. Consultation with Attorney - Under Texas Government Code Section 551.071 1. Consulted with the City's attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City's northern ETJ, under annexation case no. A05-0002, along with other legal issues related to the annexation, including zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues implicated by alternative proposals advanced by individuals owning property within the proposed annexation area. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the City's legal position in any administrative proceedings or potential litigation. B. Deliberations regarding Real Property - Under Texas Government Code Section 551.072. 1. Received a confidential presentation by staff relating to the Real Estate Exchange and Purchase Agreement by and between Westpark Group, L.P. and BC Rail Spur L.P. and the City of Denton, Texas regarding the sale and exchange of title to and interests in several tracts of real property located in Abstracts No. 996, 1040 and 1285 in the City of Denton, Denton County, Texas. Regular Meeting of the City of Denton City Council on Tuesday, February 7, 2006 at 6:30 p.m. in the Council Chambers at City Hall. City of Denton City Council Minutes February 7, 2006 Page 4 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMA TIONS/PRESENTA TIONS A. Proclamations/Awards Mayor Brock recognized Boy Scout Troop #366 in the audience. 3. CONSENT AGENDA Mayor Brock indicated that Items 3H and 3V were pulled from consideration. Kamp motioned, Mulroy seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items H and V. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. A. 2006-030 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton Historical Commission for entertainment for John B. Denton Day; providing for the expenditure of funds therefor; and providing an effective date. B. 2006-031 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of Emergency Medical Services Professional Liability Insurance coverage for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (Bid 3459 - Annual Contract for Emergency Medical Services Professional Liability Insurance awarded to Higginbotham & Associates in the annual amount of $26,604.83). C. 2006-032 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of a calcium hypochlorite feeder and tablets for the City of Denton Parks Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3442 - Annual Contract for Calcium Hypochlorite Feeder and Tablets for the City of Denton Aquatic Center awarded to Aqua-Rec, Inc. in the estimated annual amount of $29,300). D. 2006-033 - 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 a street sweeper for the City of Denton Drainage Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3453 - Interlocal Agreement for Street Sweeper with H-GAC awarded to TYMCO International, LTD in the amount of $181,640.40). The Public Utilities Board recommended approval (6- 0). City of Denton City Council Minutes February 7, 2006 Page 5 E. 2006-034 - An ordinance authorizing the financing of fleet vehicles and equipment for various city utility departments through a lease purchase financing agreement; providing for the expenditure of funds therefor; and providing an effective date (File 3446 - Third Party Lease Purchase of Utility Vehicles and Equipment, approximate finance charges of $204,184.70). The Public Utilities Board recommended approval (6-0). F. 2006-035 - 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 twelve vehicles for various utility departments and one vehicle for General Government by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3454 - Interlocal Agreement for Fleet Utility Vehicles with H-GAC awarded to Philpott Ford in the amount of $293,969). The Public Utilities Board recommended approval (6-0) for the 12 Utility vehicles. G. 2006-036 - An ordinance accepting competitive bids by way of an Interlocal Agreement with the City of Carrollton and awarding a contract for the purchase of police motorcycles; providing for the expenditure of funds therefor; and providing an effective date (File 3456 - Interlocal Agreement for Police Motorcycles with the City of Carrollton, contract awarded to American Eagle Harley Davidson in the amount of $32,000). H. PULLED-An ordinance of the City of Denton, Texas accepting competItIve sealed proposals and awarding a best value four year contract for patient care reporting and emergency medical services (EMS) billing for the City of Denton Fire Department; authorizing the expenditure of funds therefor; and providing an effective date (RFP 3403 - Emergency Medical Services (EMS) Billing awarded to Intermedix, Inc.). I. 2006-037 - 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, 2003 Edition; providing for amendments thereto; re-establishing permit fees; providing for a penalty in the amount of $2,000 for violations thereof; providing for a severability clause repealing all ordinances in conflict therewith; and providing for an effective date. 1. 2006-038 - An ordinance of the City of Denton, Texas amending Section 28-27 of the Code of Ordinances to provide for the adoption of the 2003 International Building Code, 2003 International Residential Code for one and two family dwellings, 2003 International Fuel Gas Code, 2003 International Plumbing Code, and the 2003 International Mechanical Code all published by the International Code Council; regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupancy and use; providing for the condemnation of buildings and structures unfit for human occupancy, providing for the regulation and governing of the construction, altering, movement, City of Denton City Council Minutes February 7, 2006 Page 6 enlargement, replacement, repair, equipment location, removal and demolition of detached one and two family dwellings and multiple single family dwellings not more than three stories in height with separate means of egress; providing the regulation and governing of the design construction, quality of materials, erection, installation, alteration, repairs, location, relocation, replacement, addition to, use or maintenance of plumbing and mechanical systems in the City of Denton, Texas; providing for the regulation and governing of fuel gas systems and gas fired appliances; providing for the issuance of permits and collection of fees thereof; providing for amendments thereto; providing for a penalty for violation of a fine not to exceed $2,000.00; providing for a severability clause; repealing all ordinances in conflict therewith; and providing for an effective date. K. 2006-039 - An ordinance amending Article III of Chapter 28 of the Code of Ordinances of the City of Denton, Texas, ("Electrical Code") by repealing the 1999 National Electrical Code with certain amendments and providing for the adoption of the 2005 National Electrical Code with certain deletions and amendments; providing for a penalty in the amount of $2000.00 for violations thereof; and providing for an effective date. L. 2006-040 - An ordinance of the City of Denton, Texas amending Section 28-27 of the Code of Ordinances to provide for the adoption of the 2003 International Energy Conservation Code, all published by the International Code Council; providing for amendments thereto; providing for a penalty for violation of a fine not to exceed $500.00; providing for a severability clause; repealing all ordinances in conflict therewith; and providing for an effective date. M. 2006-041 - An ordinance approving and authorizing the Mayor to execute an interlocal cooperation agreement between the City of Denton, Texas and the County of Denton, Texas for the rental of voting machines and equipment and the purchase of voting supplies for the May 13, 2006 election; and providing an effective date. N. 2006-042 - An ordinance ordering an election to be held in the City of Denton, Texas, on May 13, 2006, and, if a runoff election is required, on June 17, 2006, for the purpose of electing Council Members to Places 5 and 6 and electing a Mayor to Place 7 of the City Council of the City of Denton, Texas, designating voting places 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 for an effective date. O. Approved tax refunds for the following property taxes: Name Reason Tax Year Amount 2. Justin Industries DCAD Supplemental Change 2005 $ 9,063.64 (value change per court order) City of Denton City Council Minutes February 7, 2006 Page 7 Name Reason Tax Year Amount 4. Matthew Lawler 2004 6. AMC Mortgage/David & Melissa Duplicate Payment Cox 2005 $ 998.30 2005 $ 592.36 8. Brian & Keri Daskam P. Approved the minutes of: January 3, 2006 January 10,2006 January 17, 2006 Q. 2006-043 - An ordinance authorizing the City Manager to pay a third-party funded change order to the Texas Department of Transportation ("TxDOT") pursuant to the Local Transportation Project Advance Funding Agreement by and between the City of Denton, Texas and the Texas Department of Transportation; said change order being in the amount of $56,771.42, regarding the off-system bridge replacement project located in the city of Denton, Texas at Frame Street on Pecan Creek, for the wastewater line relocation to be performed by the TxDOT contractor; providing for the expenditure of funds therefor; providing an effective date. The Public Utilities Board recommended approval (4-0). R. 2006-044 - An ordinance authorizing the abandonment of a 0.089 acre drainage easement tract recorded in Volume 4863, Page 1450 of the Real Property Records of Denton County, Texas and the abandonment ofa 0.381 acre drainage easement tract, being a portion of the 7.39 acre public drainage and detention easement recorded in Volume 4863, Page 1455 of the Real Property Records of Denton County, Texas, both being situated in the A. Hill Survey, Abstract No. 623. The Public Utilities Board recommended approval (6-0). S. 2006-045 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with R. 1. Covington Consulting, LLC for consulting services relating to Task Order No. 06-C; providing for the review of City Accounting Systems used to support Utility and Solid Waste Functions; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (6-0). T. 2006-046 - An ordinance of the City of Denton, Texas amending the provisions of Chapter 20 by creating Article V entitled "Fences"; providing for a severability clause; providing for a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. City of Denton City Council Minutes February 7, 2006 Page 8 U. 2006-047 - An ordinance of the City of Denton, Texas amending the provisions of Chapter 20 by creating Article VI entitled "Certain Parking Regulations"; providing for a severability clause; providing for a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. V. PULLED-An ordinance approving assignments of a certain commercial airport operator's lease between JVC Real Estate, LLC and 4845 Lockheed Associates, L TD and approving a subsequent assignment and sublease from 4845 Lockheed Associates, Ltd to JVC Hangars, LLC, approving a fractional interest concept which subdivides the JVC Real Estate, LLC lease into three separate units allowing a partial transfer, sublease and assignment of these units; delegating to the Airport Advisory Board the authority to approve assignments from JVC Hangars, LLC or any successor in interest of the fractional units, and providing an effective date. The Airport Advisory Board recommends approval (6-0). W. 2006-048 - An ordinance authorizing the City Manager to execute a real estate exchange and purchase agreement by the City of Denton, Texas with the Westpark Group, L.P. for the city's fee acquisition of 6.889 acres of land in Abstracts No. 1040 and 1285; for the fee acquisition ofa 0.8163 acre tract ofland in Abstract No. 996; for the acquisition ofa city access easement of3.874 acres of land in Abstract No. 1040; for the acquisition of electric utility easements totaling 15.11 acres of land in Abstracts No. 996, 1040, and 1285; the acquisition of temporary construction easements totaling 11.001 acres of land in Abstracts No. 996, 1040, and 1285, for the acquisition of a street right-of-way donation deed for a .638 acre tract of land in Abstract No. 1040; the fee disposal by the City of Denton of tracts of land totaling 3.245 acres in Abstract No. 996; in which real estate and purchase agreement wherein BC Rail Spur, L.P. grants to the City of Denton a non-exclusive rail spur usage right to use the existing railroad spur for the future consideration therein expressed, that is north of and adjacent to the 6.889 acre tract of land situated in Abstracts No. 1040 and 1285; authorizing the expenditure of funds therefor; and providing an effective date (The Denton West Electric Utility Project). The Public Utilities Board recommended approval (6-0). X. R2006-004 - A resolution of the City Council of the City of Denton, Texas, accepting the dedication of right-of-way for Lakeview Boulevard with the Final Plat of Villages of Carmel Phase III, an addition to the City of Denton, Texas, according to the plat thereof recorded in Cabinet W, Pages 640 and 641 of the Plat Records of Denton County, Texas; and providing an effective date. 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance regarding an Alternative Development Plan for a proposed retail and office development on approximately 25 acres, located on the Northwest corner of University Drive and Old North Road intersection. The property was located in a Neighborhood Residential Mixed Use (NRMU) zoning district and Commercial Mixed Use General (CM-G) zoning district. The purpose of the Alternative Development Plan was to deviate from the requirements of Subchapter 13 of the City of Denton City Council Minutes February 7, 2006 Page 9 Development Code. The Planning and Zoning Commission recommended approval (7-0) with conditions. (ADP05-0008, The Shops at Old North) Kelly Carpenter, Director of Planning and Development, stated that at the December 6, 2005 meeting, Council had remanded the proposal back to the Planning and Zoning Commission for the applicant to address the partial nature of the plan. The applicant was requesting a deviation from the standards concerning parking areas located in front of the building. The proposal was to provide two rows of parking in front of building, additional landscaping and a berm. The Mayor opened the public hearing. Larry Reichhart, 2405 Mustang Drive, Grapevine, 76205, spoke in opposition. The berm was not in keeping with what had been done in other places in the city. Thomas Glendenning, representing the developer, spoke in favor of the proposal. Council questioned Mr. Glendenning asking him if there would be a problem delaying the proposal. Glendenning relied yes that there were letters of intent to complete. Council indicated that if the plan were approved, the development would be limited to the plan as presented. Mr. Glendenning replied that it was urgent to get the proposal approved. The Mayor closed the public hearing. Council discussion- . There appeared to still be confusion concerning what was being proposed. . Council had asked for a complete development plan and the one submitted was limited to only two rows of parking. If that were accepted, that would be the only exception and the developer could not come back with other proposed exceptions. Each individual tenant could not request an alternative development plan. City Attorney Snyder indicated that the applicant could still come back with another application - even if this council put in those types of conditions. A current council could not bind a future council. Carpenter stated that parking exceeded what was allowed in the Code and that it was impossible to determine how much parking would be needed due to documentation submitted. It was also difficult to determine if the landscaping requirements would be met per the submitted document. Glendenning stated that the developer would be selling individual pad sites to end-users. They would only be retaining the multi-retail area. There would be design restrictions on the buildings but sites would be sold to outside firms. Carpenter stated that the square footage of uses on the site plan was there in order to raise the number of trips for the five requested driveways on Highway 380. As a result, it was impossible to park the site without a garage and no garage was shown on the site plan with any additional solutions to parking. City of Denton City Council Minutes February 7, 2006 Page 10 Council noted that if the alternate development plan were approved, the development would still have to be within the Development Code. The business that developed last might not have enough parking for their building as the Code had to be followed. The Mayor reopened the public hearing. Mulroy motioned, Kamp seconded to continue the public hearing until the March ih Council meeting in order to obtain a better representation of what was going to happen on the site. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "nay", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried with a 6-1 vote. B. The Council held a public hearing and considered adoption of an ordinance amending the Detail Plan for Country Lakes North. The subject property was within a Planned Development 174 (PD-174) zoning district and was generally located 1200 feet north of Crawford Road between 1-35W and Fort Worth Drive. The Planning and Zoning Commission recommended approval (7-0). (Z05-0025, Country Lakes Subdivision) Kelly Carpenter, Director of Planning and Development, stated that the applicant was requesting approval of a detail plan amendment relative to the requirement that 33% of the garages be J- Swing or side entry. The proposed amendment would allow the developer to construct 100% from facing garages in all future single-family development. The Planning and Zoning Commission recommended approval with the conditions. The Mayor opened the public hearing. Larry Reichhart, representing the petitioner, spoke in favor. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-049 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 2000-321 TO AMEND THE DETAILED PLAN FOR THE PLANNED DEVELOPMENT 174 (PD-174) ZONING DISTRICT AND LAND USE CLASSIFICATION, THE SUBJECT PROPERTY BEING LOCATED AT THE SOUTHEAST CORNER OF JOHNSON LANE AND JOHN PAINE ROAD WEST OF FORT WORTH DRIVE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0025) McNeill motioned, Heggins seconded to adopt the ordinance with the conditions from the Planning and Zoning Commission. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. City of Denton City Council Minutes February 7, 2006 Page 11 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the North Central Texas Council of Governments under Section 271.102 of the Local Government Code, for operational improvements at signalized intersections; providing for the expenditure of funds therefor; and providing an effective date (File 3452 - Interlocal Agreement for Low Cost Signal Improvement Program/Thoroughfare Assessment with the North Central Texas Council of Governments in the amount of $162,000). Jim Coulter, Director of W ater/W astewater Utilities, stated that the ordinance provided an interlocal agreement with COG for timing of various traffic lights on city streets. The following ordinance was considered: NO. 2006-050 AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM PARTICIPATION AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, FOR OPERATIONAL IMPROVEMENTS AT SIGNALIZED INTERSECTIONS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council considered approval of a resolution by the City Council of the City of Denton, Texas authorizing the Mayor to issue letters expressing support to the appropriate officials for the "Plug-in Partners National Campaign;" authorizing the City Manager to evaluate the use of plug-in hybrid vehicles with respect to the city fleet once such vehicles become commercially available; and expressing the City's continuous commitment to positively influencing air quality through the support of local, state and federal policies that promote flexible plug-in vehicles and other similar transportation alternatives; providing for an effective date. Katherine Barnett, Special Projects Coordinator, stated that the campaign was sponsored by the city of Austin to evaluate the use of plug in hybrid vehicles. The campaign would demonstrate to automakers that a market existed for plug-in electric vehicles. The following resolution was considered: NO. R2006-005 City of Denton City Council Minutes February 7, 2006 Page 12 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO ISSUE LETTERS EXPRESSING SUPPORT TO THE APPROPRIATE OFFICIALS FOR THE "PLUG-IN PARTNERS NATIONAL CAMPAIGN;" AUTHORIZING THE CITY MANAGER TO EVALUATE THE USE OF PLUG-IN HYBRID VEHICLES WITH RESPECT TO THE CITY FLEET ONCE SUCH VEHICLES BECOME COMMERCIALL Y AVAILABLE; AND EXPRESSING THE CITY'S CONTINUOUS COMMITMENT TO POSITIVELY INFLUENCING AIR QUALITY THROUGH THE SUPPORT OF LOCAL, STATE AND FEDERAL POLICIES THAT PROMOTE FLEXIBLE PLUG-IN VEHICLES AND OTHER SIMILAR TRANSPORTATION ALTERNATIVES; PROVIDING FOR AN EFFECTIVE DATE. McNeill motioned, Kamp seconded to approve the resolution. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance approving a job order construction contract through an Interlocal Agreement which the City of Denton, Texas has with Denton County, Texas, with Jamail Construction Company for the design-build construction of a Household Hazardous Waste Building Processing Center at the Denton Landfill; providing for the expenditure of funds therefor; providing an effective date (File 3465; not-to-exceed $572,793). The Public Utilities Board recommended approval (6-0). Vance Kemler, Director of Solid Waste, stated that this was a new program for a curbside collection for household hazardous waste. A processing facility would be built on the landfill site to process the materials collected. The following ordinance was considered: NO. 2006-051 AN ORDINANCE APPROVING A JOB ORDER CONSTRUCTION CONTRACT THROUGH AN INTERLOCAL AGREEMENT WHICH THE CITY OF DENTON, TEXAS HAS WITH DENTON COUNTY, TEXAS, WITH JAMAIL CONSTRUCTION COMPANY FOR THE DESIGN-BUILD CONSTRUCTION OF A HOUSEHOLD HAZARDOUS WASTE BUILDING PROCESSING CENTER AT THE DENTON LANDFILL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance as presented. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Council received citizen reports from the following: City of Denton City Council Minutes February 7, 2006 Page 13 A. Gerald DeMarsh regarding the Police Department. Mr. DeMarsh stated that he had a theft at his home. He told officers who he felt had broken into his home but the detective would not respond to his request. As of date, his property had not been recovered. He requested a search warrant from the police department to recover his property. B. Nell Yeldell regarding additional charges for trash and debris and the hiring of an African American firefighter. Ms. Yeldell stated that she was in opposition to the additional charges for trash and debris to be picked up from her yard. If someone did not have a truck and could not get an item to the dump, they would have to pay an additional charge. She questioned why there were no black firefighters in the city. C. Willie Hudspeth regarding concerns of Southeast Denton. Willie stated the Council could speak to citizens during citizen reports not just sit there and not speak. He felt that the Council did not act on the concerns he had as the people he represented did not vote while the people they represented voted. He again voiced concern about not having a black firefighter. D. Jordan Hudspeth regarding concerns of Southeast Denton. Jordon Hudspeth presented a portion of a speech by Martin Luther King, Jr. She stated that she would like to be a firefighter in the city of Denton. Her grandfather should not have to pay for her to play at Eureka playground on poison wood. E. Lanisha Hudspeth regarding concerns of Southeast Denton. Lanisha Hudspeth had a portion of a speech by Dr. Martin Luther King, Jr. presented. F. Hagar Hudspeth regarding concerns of Southeast Denton. Hagar Hudspeth stated that she wanted to be a firefighter for the city of Denton and her grandfather should not have to pay for her to play at Eureka on poison wood. G. Cameron Palmer regarding the trash situation at Avenue A at Hickory Street. Mr. Palmer presented information concerning the terrible trash situation at Avenue A and Hickory Street. He showed pictures of the corner where the dumpster was with trash always outside the container. The dumpster was leased by several businesses in the area and it was not large enough for the amount of trash placed in it. H. Bob Clifton regarding city business. City of Denton City Council Minutes February 7, 2006 Page 14 Mr. Clifton showed an aerial photo showing locations of burglaries in the area of Wainwright and Locust Streets. He wanted more police patrols in the area, as crime in the area was extremely high. Seven of the 26 streetlights in the area were out and needed to be replaced. E. New Business The following items of New Business were suggested by Council for future agendas: 1. Council Member Kamp requested the development of a Council ad hoc committee to review the development code on regular basis. F. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Interim City Manager Martin did not have any items for Council. G. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. H. 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 8:08 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: March 7, 2006 CM: Planning and Developmen~t Howard Martin, 349-8232 __ DEPARTMENT: SUBJECT: DCA05-0013 (Amendments to 35.4.4 Development Review Committee) Hold a public hearing and consider adoption of an ordinance regarding an amendment to Subchapter 4 of the Denton Development Code, concerning the Development Review Committee. (Planning Commission 5-0) BACKGROUND This section sets forth responsibilities of the Development Review Committee. The sentence setting forth the responsibilities of the Development Review Committee chair is incomplete. This amendment adds the responsibilities of the chair to the section. OPTIONS 1. Adopt as submitted. 2. Adopt with conditions. 3. Deny. 4. Table RECOMMENDA TION The Planning and Zoning Commission recommends approval 5-0. ATTACHMENTS 1. Ordinance 2 Minutes Prepared by and respectfully submitted: ~~ Kelly Carpenter, AICP Director of Planning and Development 1 S :\OUT Documents\Ordinances\06\DCA05-00 I3.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 35.4 OF THE DENTON DEVELOPMENT CODE PERTAINING TO THE DEVELOPMENT REVIEW COMMITTEE; PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTNE DATE. (DCA05- 0013). WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton, Texas adopted the Denton Development Code (the "Development Code"); and WHEREAS, after conducting a public hearing as required by law, the City Council finds that the subject changes to the Development Code are consistent with the Comprehensive Plan and are in the public interest; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Subchapter 35.4.4 of the Development Code is hereby amended to read as follows: 35.4.4 Development Review Committee A Development Review Committee is established to provide a coordinated and centralized technical review process for all developments required to comply with the requirements of this Subchapter. The members of the Development Review Committee shall be composed of persons from various City departments which have an interest in the development review and approval process,.as designated by the City Manager. The City Manager shall provide a chairperson who shall be responsible for decision making asset forward in this Chapter. All other provisions of Subchapter 35.4 not inconsistent with this amendment shall remain in full force and effect. SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offence. SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application there of to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and City Council of the City of Denton, Texas hereby dec1ares.it would have enacted such remaining portions despite any such invalidity. SECTION 5. This ordinance shall become effective immediately upon passage. Exhibit 1 PASSED AND APPROVED this the day of ,2006 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. S Y --- ITEM - 28 1/25/2006 P&Z MINUTES Page 3 I 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS I COMMISSIONER STRANGE: Good evening, it's 2 6:30, and we will convene the January 25th, 2006 meeting 3 of the Planning and Zoning Commission and ask that you 4 join us to the Pledge to the flag. 5 (Thereupon, the Pledges of Allegiance were 6 recited.) 7 COMMISSIONER STRANGE: First item on our 8 Agenda would be a motion for the approval of the minutes 9 of January 11th, 2006. Mr. Roy. 10 COMMISSIONER ROY: Yes. Mr. Chairman, I'd 11 like to refer to page 26. Under the comments by 12 Mr. Snyder, I believe there's a word missing. I remember 13 clearly the discussion, and the third line, actually line 14 number 8, there is a word "not" missing. "I think it's 15 not feasible to call a special called meeting." So I 16 suggest or request that the word "not" be inserted in 17 front of "feasible" on that line 8. 18 COMMISSIONER STRANGE: okay. Any other 19 corrections? Okay. Do we have a motion for approval of 20 the minutes? 21 COMMISSIONER HOLT: So moved. 22 COMMISSIONER STRANGE: DO we have a second? 23 COMMISSIONER GUZMAN-RAMON: second. 24 COMMISSIONER STRANGE: we have a motion by 25 LEGAL: well, I guess if you open it up now, you could go ahead -- well, no, I think you're right. I think. that if we're going to .. let me think. about this a moment. COMMISSIONER ROY: n's posted as a public hearing. LEGAL: It is posted as a public hearing, and you could go ahead and conduct the public hearing now, and then move to postpone it indefinitely. Or if it would be more appropriate under the circumstances, you could -- you could table the item now and then repost it for a new public hearing at some point in the future. It's just a matter of -- I mean, looking out here into the -- into the gallery, there's not any members of the public here and so it's just a matter of what would be most appropriate in terms of what the Commission wants to do, whether it wants to get the public input on the -- on different proposals or what have you. COMMISSIONER STRANGE: I think if we don't have to have the public bearing and we're not going to discuss it, and obviously nobody is here to discuss it, it would seem to me we would just postpone it rather than go through the process of opening a public hearing to table it and then close it. So is that within our legal realm? I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 Mrs. Holt and a second by Mrs. Guzman-Ramon. Please vote. ] And the vote passes 5-0 with -- we do have two 2 Commissioners absent, Mr. Watkins and Dr. Thibodeaux 3 tonight. So there will only be five votes tallied. 4 The next item for consideration is our 5 Consent Agenda. The Planning and Zoning Commission met 6 prior to tonight's meeting with staff to go over the items 7 on the Consent Agenda and answer -- and have answered any 8 questions that they had. And we're ready for a motion on 9 the Consent Agenda. 10 mMMISSIONER HOLT: I move approva1. II COMMISSIONER GUZMAN-RAMON: second. 12 COMMISSIONER STRANGE: we have a motion by 13 :Mrs. Holt and a second by Mrs. Guzman-Ramon. Any 14 discussion? Please, vote. And the vote passes 5-0. IS Our next item would be Item No. 4A. This ]6 is our public hearing portion of our Agenda. Item No. 4A 17 was discussed briefly in our work session and has been 18 determined that we will table indefinitely that item, so 19 there will not be any discussion on Item 4A tonight. 20 The next item would be item -- 21 COMMISSIONER ROY: DO we need to open a 22 public hearing? 23 COMMISSIONER STRANGE: DO we have to open 24 it if we're removing it from the Agenda? 25 Page 4 LEGAL: t think so, yes. It would mean, however that, when the matter is placed back on the Agenda that you would have to have a public bearing at that time. COMMISSIONER STRANGE: well, that's fine. That's what we want to have anyway. LEGAL: Right. COMMISSIONER STRANGE: okay. The next item will be Item No. 46, which is an amendment to Subchapter 4 of the Denton Development Code concerning the Development Review Committee. And this is a -- this will be a public bearing. Staff. MS. CARPENTER: Mr. Chainnan, this item is a housekeeping item. It's Section 35.4.4 of the Denton Development Code referencing the Development Review Committee. Appears the following sentence. "The City Manager shall provide a Chairperson who shall be responsible for" and then that piece is missing -- pardon me. So this amendment adds the following, so the sentence is complete: "The City Manager shall provide a Chairperson who shall be responsible for decision making as set forth --" it should say "as set forth in this chapter." And that's the extent of the amendment. I'll be happy to answer your questions, Mr. Chairman. COMMISSIONER STRANGE: Anyone have any Page 1 - Page 4 PLANNING AND ZONING MINUTES JANUARY 25,2006 Page 5 1 questions of staff] This is a public hearing, so we will 2 open the public hearing. Is there anyone who wishes to 3 speak on this item? Seeing no speakers, we will close the 4 public hearing. Any discussion or do we have a motion? 5 COMMISSIONER GUZMAN-RAMON: I will move for 6 approval of DCAOS-0013. 7 COMMISSIONER STRANGE: okay. We have a 8 motion. Do we have a second? 9 COMMISSIONER HOLT: second. 10 COMMISSIONER STRANGE: we have a motion by 11 Ms. Guzman-Ramon and a second by Mrs. Holt. Any 12 discussion? Please, vote. And the vote passes 5-0. 13 The next item is Item No.5. future Agenda 14 items. Do we have anyone who has future Agenda items? 15 Seeing none, we will adjourn. 16 (End of proceedings.) I 17 18 19 20 21 22 23 24 25 PLANNING AND ZONING MINUTES JANUARY 25, 2006 Page 5 - Page: Con den seIt 'fM AGENDA INFORMA nON SHEET AGENDA DATE: March 7, 2006 DEPARTMENT: CM: Howard Martin, 349-8232 SUBJECT - ADP05-0008: (Dze Jnops a/ Old hOT/h) Continue a public hearing and consider adopting an ordinance regarding an Alternative Development Plan for a proposed Retail and Office development on approximately 25 acres. The subject property is generally located on the Northwest comer of University Drive and Old North Road intersection. The property is located in a Neighborhood Residential Mixed Use (NRMU) zoning district and Commercial Mixed Use General (CM-G) zoning district. The purpose of the Alternative Development Plan is to deviate from the requirements of Subchapter 13 of the Development Code. The Planning and Zoning Commission recommends approval with conditions (7-0). (ADP05-0008, The Shops at Old North). BACKGROUND Applicant: Imperium Holdings, LP. Dallas, TX The City Council tabled this ADP at its February 7, 2006 meeting in order to give the applicant time to prepare a complete ADP. The City Council at its December 6, 2005 meeting had remanded the Alternative Development Plan (ADP) to Planning and Zoning Commission specifically for applicant to address the partial nature of the ADP. At the December 6 Council meeting, the discussion centered on the apparent incompleteness of the ADP and the Council's desire to consider an ADP that addressed all the site design Issues. The Applicant submitted the amended ADP on December 9, 2005. Staff reviewed the new ADP and continued to support allowing parking in front of the proposed buildings along University subject to the conditions the Planning and Zoning Commission previously recommended. However, staff recommended denial of the applicant's revised Alternative Development Plan received on December 9, 2005 (see Attachment 7). Although the revised ADP specifically stated that it was applicable to parking in front of buildings only, the site plan also includes several additional elements that are potentially not compliant with Subchapter 13 (landscaping, parking, circulation, etc.). The Planning and Zoning Commission recommended approval of the remanded ADP for two rows of parking between the buildings and the street at its January 11, 2006 meeting with the following conditions: 1. Provide a three-foot high berm along University Drive frontage outside the eight- foot easement. 2. Provide three foot high hedge along University Drive frontage outside the eight- foot easement and planted in front of the berm. 3. Provide a 12.5 feet landscape area in addition to the required 10 feet wide landscape area planted with one large tree for every 40 linear feet. On February 21,2006 staff met with the applicant to discuss revisions to the ADP. After this meeting, on February 22,2006 the applicant submitted the revised ADP. The revised ADP now shows reduced parking spaces, but is still exceeds code maximums by 29 spaces. Applicant has provided no alternative solutions (mitigation) to the 29 spaces exceeding code maximum. The ADP continues to include several additional elements that are potentially not compliant with Subchapter 13 or otther provisions of the Development Code (landscaping, circulation and driveways, for example). Public notification information is provided in Attachment 4. As of this writing, staff received one written response in favor of the request from property owners within 200 feet ofthe subject property. OPTIONS 1. Approve. 2. Approve with conditions. 3. Deny. 4. Table item. RECOMMENDA TION Planning and Zoning Commission recommends approval to the City Council regarding the Alternative Development Plan for two rows of parking between the buildings and the street with the conditions set forth in the meeting on November 9, 2005, which are as follows: 1. Provide a three-foot high berm along University Drive frontage outside the eight- foot easement. 2. Provide three foot high hedge along University Drive frontage outside the eight- foot easement and planted in front of the berm. 3. Provide a 12.5 feet landscape area in addition to the required 10 feet wide landscape area planted with one large tree for every 40 linear feet. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification Map 4. Site Photographs 5. Letter of Intent 2 6. Site Plan October 6, 2005 7. Site Plan December 9,2005 8. Site Plan February 22,2006, showing reduced number of parking spaces. 9. Planning and Zoning Commission Minutes, January 11,2006 10. Ordinance ~y Supriya Chewle Planner I Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development 3 ATTACHMENT 1 Staff Analysis Summary of Alternative Development Plan Request ~ 35.13.13.4.A.8 (Parking between Building and Street) states: ParKing areas shall be located behind bUildings or on one or both sides; exc0'7t along the interstate where a minimum f!fieen .fOot (/5 J addilionallandscape area will be required along parKing areas in ./font if a budding The applicant presented to the Planning and Zoning Commission on November 9,2005 a request to deviate from the site design standards concerning parking areas located between the buildings and the street along University Drive. The intent of the code is to create a streetscape by locating the building along the street and locating parking to the side and rear of the building. The code (Section 35.13.l0.C.2) also requires all parking lots to be screened from the Right-of-Way. Any combination of the following screening methods could be used: a. A 3 feet high wall made of any combination of wrought iron, masonry, stone or decorative concrete panels. b. A minimum 10 feet wide landscape area planted with one large tree for every 40 linear feet. These requirements are in addition to the street tree requirements. However, street tree requirements do not apply for projects along TX Dot right-of-way. Staff held a pre-application meeting with the applicant on October 19, 2005. At that time staff informed the applicant about the following along with other comments: · The proposed parking between the building and the street would not be permitted. · Approval of an Alternative Development Plan (ADP) would be required in order to develop the site with parking located between the building and street. · Additional landscaping and hardscaping (fences, walls columns), along the frontage of University Drive should be considered to meet the intent of the code by creating a streetscape along University. Section 35.13.5 states that an applicant may propose an Alternative Development Plan, which meets or exceeds the design objectives of this Subchapter but does not meet the standards of this Subchapter. It further identifies the following Criteria for Approval of an ADP. The goals and objectives which must be met, and by which the proposal will be judged are: 1. Preserve Existing Neighborhoods. 2. Assure quality development that fits in with the character of Denton. 4 3. Focus new development to activity centers to curb strip development and urban sprawl. 4. Ensure that infrastructure is capable of accommodating development prior to the development occurring. In order to mitigate the placement of parking between the building and the street, applicant proposes a 12.5 feet wide landscaping area including hedges, along University Drive in addition to the required 10 feet wide landscaping area planted with one large tree every 40 linear feet to mitigate the location of the proposed parking. (Attachment 4). Applicant proposes this additional landscaping and hardscape in order to create a streetscape and lessen the appearance of parking along the roadway. The proposed hedge will provide screening, but does not present the urban streetscape intended by the Code. To satisfy the urban image the code requires a 3 feet high wall made of any combination of wrought iron, masonry, stone or decorative concrete panels. Staff relayed these same concerns to the applicant and requested the 3 feet high wall along University Drive on October 16th and 28th. Applicant asserts the mitigation they offer should be sufficient. The mitigation offered by the applicant are listed below in bold and the staff response follows: 1. A front landscape area totaling 22.5' in the front yard - the ordinance reqUires none The ordinance requires any combination ofthe following screening methods: 1. A 3 feet high wall made of any combination of wrought iron, masonry, stone or decorative concrete panels. 2. A minimum 10 feet wide landscape area planted with one large tree for every 40 linear feet. 2. Side yard of 20' - the ordinance requires none The adjacent zoning is NR-3 zoning district. Minimum yard when abutting a single-family use or district is 20 feet plus 1 foot for each foot of building height above 20 feet. In addition to the setback a buffer is required using either fencing, Vegetation or Berms. 3. A rear yard of 20' and INCREASES the buffer area between commercial and residential - the ordinance requires 10' The adjacent zoning is NR-3 zoning district. Minimum yard when abutting a single-family use or district is 20 feet plus 1 foot for each foot of building height above 20 feet. In addition to the setback a buffer is required using fencing, vegetation or berms. 4. Class-A retail commitment through the use of Covenants, Conditions, and Restrictions (CC&R's) already presented to you. The restrictions within the CC&R are required by the Denton Development Code and therefore cannot be used for mitigation. 5 5. Class-A site plan through the use of architectural site features that include round-a-bouts, boulevards with landscaping, architectural features in the round-a-bouts, etc. The above mitigation does not satisfy the intent of the code, which is to create a streetscape. 6. Agreements to provide access to the adjoining neighbor to the north - ordinance requires none Two access points to the property to the north should be provided to allow for cross property access. 7. Agreements to extend utilities to the adjoining neighbor to the north - ordinance requires none The City is not requiring the developer to extend a water main along their frontage on the north side US 380. On the south side of US 380, a water main exist. Connection into this existing water main would require boring US 380. To prevent any additional bores across US 380 and the extension of a water main along the frontage of this development, the developer agreed to connect into 3 existing stub out on the north, west and east side of their property. Staff recommended to the Planning and Zoning Commission denial of the Alternative Development Plan request. The Planning and Zoning Commission recommended approval of the ADP to the City Council with conditions. The City Council in the meeting on December 6, 2005 remanded the ADP to the Planning and Zoning Commission for its incompleteness and requested an overall ADP. The applicant submitted an overall plan, which shows 21 lots with approximately 950 parking spaces, which exceeds the maximum number of parking spaces allowed for the type of uses provided. Staff cannot provide an exact number of parking spaces required due to incomplete information regarding the uses on the property. The site plan also include the following notes: 6 General Notes: I. This ADP submittal is only intended for review and approval of parking in front of buildings fronting streets. Please see letter dated 10/20/05 regarding contingencies and development agreements as part of this submittal. In addition to site and architectural features that go beyond the minimum City requirements, and in exchange for parking provided in front the CM-G buildings, the ADP includes a 22' landscape buffer in the front yard in lieu of the required 10', a landscape hedge, lIIld a landscape berm behind the hedge. 2. The development will meet all requirements of Subchapter 13 of the Denton Development Code except for which this Alternative Development Plan is sought. 3. The driveways as shown is a functional necessity for implementation ofthis proposed plan. The new TIA will be submitted with the preliminary and final plats that are seperate from this submittal. 4. Tree preservation and mitigation in additional to a landscape plan will be addressed in the preliminary and final plat, to be submitted separately. 5. It is intended that each of the individual end users will comply with all ordinances in the NRMU and CM-G zoning as required by the City of Denton. 6. Any excess parking required above the minimum standards as defined in the ordinance will be by separate submittal (if desired) by the respective end user (yet undetermined). 7. Mutual Parking Agreements will be provided prior to obtaining building permits. 8. All utilities, fire protection, etc. will be submitted with the plat submittal. 9. All electrical easements and transformer locations for electrical service to each pad site will be requested by separate users under separate submittal.. Due to incomplete information staff could not determine lot coverage, open space and canopy coverage requirements for the lots as provided. The plan shows lots sharing parking spaces. A Mutual Parking Agreement will be required. Existing Condition of Property The subject property is vacant. Adiacent zoning and land uses. North: South: East: West: Neighborhood Residential 3 and 6 (NR-3 and NR-6) Neighborhood Residential Mixed Use (NRMU) Neighborhood Residential 3 (NR-3) & Employment Center Commercial (EC-C) Neighborhood Residential 3 (NR-3) 7 Comprehensive Plan Analysis The site is located in an "Existing Neighborhoods/lnfill Compatibility" future land use area. New development in this district should respond to existing development with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. The Denton Plan defines compatibility as: ''The characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony... Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development" (p. 188). 7lze quality if development; particular(y commercial development along the city s corndors; is a sign!flcant ftctor in the quality if neighborhoods; the urban environment; and the sustainability if slTuctures. Adequate public ftcilities shall be a cnter/on by which zoning is granted n (j.J. 42) 7?sual quality olyectives and a healthy business climate should not be considered mutual(yexcluslve. Urban design concepts should be incolporated into pnvate development plans ear(y into the reVIew process. n (j.7. 6/) d~slTeet parKing requirements should rf!llect respect .fOr environmental quality considerations. ParKing location and associated landscaping should be can!litl(y regulated to aVOid unacceptable e.1J7anses ifpavement. n (j.J. 66) 8 ATTACHMENT 2 locationl Zoning Map NORTH land Use Map 6 ATTACHMENT 3 Public Notification Map ~y y~ cl 1,-' A't'-:;::, f--:j{L t\J. W; IIY P" ~ ~ " ,<. I A0 ....",;b ",. ";2 J1N N ~ /%lJ ~ 'l>;~(K~:j.~ ~ ~"""'< III t ~ j ), :(j{!ljJJJ17' l[:J I! ~: ~WJ/ J ~ 1111111.11lfflr- """ ~ ~,:W[? ~~?~ n,'" :: ~ ~ ........--.. I..~. ~ j~(!}ef?~~~ ~f / =\1. == ~/~ A I' 'I- ~ ~'*'" ~ I I"%s. A^"Mb. . I~~ -"\ .L.-- - ~ / ,~ ~ I;\r .\1\ C R '--- "'V ~ ='=="1{. I 1;1 I .I r- nr I Ll"~SIU r-O r-z I 0100 -J, ~ .", . . .. I c..-- U ELwP~ .;,.;; J;; ~ )}[ Y-"I;..- ... ~~~ / ...... ~ Scale: None Public Notification Date: October 30,2005 200' Legal Notices* sent via Certified Mail: 15 Number of responses to 200' Legal Notice: · In Opposition: 0 · In Favor: 1 · Neutral: 0 * A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 8 ATTACHMENT 4 Site Photographs Picture of the site from University Dr. Picture of the site from University Dr. University Dr. & Old North Rd. intersection Picture of the site from University Dr. Picture of the site from University Dr. Picture of the site from Old North Road 7 Aerial Photo 9 ATTACHMENT 5 Letter of Intent IMPERIUM H 0 L DIN G S, L. P. WWW.1 M PERI U M - HOL DIN GS. COM 63SOLBJ FREEWAY, SUITE 163 1802 CRESTHAVEN DRIVE DALLAS, TEXAS 75240 AUSTIN, TEXAS 1870+ 972.385.190? (plUXHl) 972.991.1192 (60;.:) 5l2.587.5679 (pbonc) 775..30.5.1800 (las) October 20, 2005 City Hall West 221 N. Elm Street Denton, TX 76201 Regarding: Shops at Old North ADP Submittal Dear Supria, Thank you very much for your continued efforts and interest in the Shops at Old North located at the northwest comer ofHwy 380 and Old North Road. Currently we have multiple contracts and letters of intent from national and local retailers for the multi-tenant retail and pad sites that we plan to construct. These tenants require parking in front of the building in order for there business' to have the success that they currently envision. We desperately need the support of the proposed ADP plan attached. With regards to the site design. the CC&R (attached) that is proposed for the overall master plan, and will be enforced upon each purchaser and pad site, will make a unification of design elements that will create an added benefit to the site and to the city. Also, please see our proposed elevation and additionally the several site design features such as common driveways, rotmd-abouts, and architectural tower features that create an aesthetic benefit to the site. We believe this is a class "A" design that will tlPllUlnd higher than average rents and therefore will bring a beneficial class of tenant. The request that the City of Denton Planning has made asking for an increased landscape buffer we believe to not be possible. If required to increase the front landscape buffer there will not be enough depth for certain pad sites due to the amount of depth from the frontage road to the back of the CM-G zoning. At this point the zoning changes to NR-MU. Per request from Planning we have already agreed to provide the northern land owner with. two access points and stubs when none where required. With regards to the site Pian. we feel thal the indicated buffering along the frontage, side, and rear yards exceeds Ihe requirements put in place by the City of Denton. These buffers are a benefit to the overall site and should allow for our requested double row of parking in front of the buildings. Without our parking we feel that we will loose the interest of a good majority of our currently interested tenants and are wary of the overall success of this development Sincerelv. ~9...J1/~ Stephen Schattner CC: Mayor Brock Mike Conduff Pamela Rambo-Estill Kelly Linda Ratliff David Lightfoot Enclosures (2) IMPERIUM H 0 L DIN G S, L. P. WWW.IMPERIUM-HOLDINGS.COM 6J.50 IBJ FREEWAY, SUITE 163 1802 CRESIHA. VEN DRIVE DAlLAS, 1EXAS 75240 AUSTIN, 1EXAS 78104- 972.385.1907 (phone) 972..991.1192 (fax) 512.587.5679 (pbon.c:) 775.30S.18OO (faJ[) October 21, 2005 City of Denton City Hall West Attn: Supriya Chewle 221 N. Elm Street Denton, TX 76201 RE: Shops at Old North - ADP re-submlttal Dear Supriya: This submittal is intended to only address the issue of parking in front of the buildings. Additionally, will also be requesting the approval of the three monument signs as shown on the plan - please advise us if this needs to be addressed as a part of the ADP. Please see all notes on the proposed plan that have been added since out first ADP submittal. We will be submitting engineering drawings and a tree inventory analysis/mitigation with our preliminary plat. All other issues that were of the City's concerns in the preliminary review for the preliminary plat submittal and other comments in the ADP submittal will be addressed as part of the plat, which will resolve all comments. We will comply with all ordinances mandated by the City. Thanks again. Sincerely, ~9J~ Stephen Edward Schattner Enclosures: (1) PDF of the plan and (3) 24x36 copies ofthe ADP plan under separate enclosure 12 From: To: Date: SUbject: "Stephen Schattner" <SSchattner@imperium-holdings.com> <supriya.chewle@cityofdenton.com> 10/27120051:37:23 PM The Shops at Old North (US 380/0ld North) - ADP Supriya- Our last discussion involved the "mitigation" for approval of two rows parking in front of retail. As mentioned, we will only go as far as what was proposed on SP-07 (1.5" caliper trees spaced every 40' within the 2' landscape area between the 20' utility easement and the back. of curb for parking). Your request for trees spaced every 20' creates a hedge and blockade of visibility - this requirement would negate the ANY purpose of retail due to the fact you would never be able to see it, and thus leaving the City with empty boxes or a development that never occur. Our submittal offers MUCH MORE than the ordnance requires. We believe that this is, in fact, the mitigation necessary for approval, which is all of the following: 1. a front landscape area totaling 22' in the front yard - the ordnance requires none 2. side yard of 20' - the ordinance requires none 3. a rear yard of 20' and INCREASES the buffer area between commercial and residential - the ordinance requires 10' 4. class-A retail commibnent through the use of CC&R's already presented to you 5. class-A site plan through the use of architectural site features that include round-a-bouts, boulevards with landscaping, architectural features in the round-a-bouts, etc. 6. agreements to provide access to the adjoining neighbor to the north- ordinance requires none 7. agreements to extend utilities to the adjoining neighbor to the north - ordinance requires none 13 ATTACHMENT 6 - SITE PLAN (OCTOBER 6.2005) .'.' ;~ "\ ~ 1"''', '-, ~ , -- ~-- ~ ~ 0... 0 ~ (/J ~ <^, ~ ~ ~ 0 ~ i ~ ~ c (l) ~ ~ Q ~ z 0 ;;; ;:J 0 ~ '€ ~ 0 ~ z ~ u ~ . z - .." 0 ~ 0 ~ r\ C ) ro rfJ. - rfJ. U ~ 0 ,..q Z r../l iJ) ~ ,..q Q ~ .." - H ~ " 0 ~ ;S ~ ~ ~ ~ ~ > I"""'."C'""'=. - -::l 2 e"8 ~ o 0 ~ " ^' - ATTACHMENT 7- SITE PLAN (DECEMBER 9,2005) ATTACHMENT 8 - SITE PLAN ( FEBRUARY 22,2006) . '1\\ Z ; av~~ HJ,<IO~N a"1O -< ~ ~ ~ < ~ ~ ~ ~ U Z o u o "00'" ~~~z ~~~~ ~""~<J ~~~i U~~ ~(;..di!.... S~l'le ~,,~~ ~~>;; ~!m~ ~E-<O~ :!~~~ a~~ ..~ ~ ~ 10 ~ ~~h ~~b~ ~OZl7.l g:~~~ ~ii:8~ inl ~~~~ idl ~~~~ zii:..~ ~~~] ..~~ i~~~~ ] ~ B S ~ ~ lil~JI~li ~I;~I;I~; ;1- I I i- un ~tJJ:i~ ~~.! ~~ ]] 1~ . ~B ~ .~ J1 l,g 0 ~ I ~f! ~ I ~ ~ = ~ ] ~ a ~ .:" 11 ~ i t [ 1,111;;,Il) illlt] ]!tI1Ii11 ; ~ Iii .~m~lf~IJ l!l=l' 1~1~,Il~:I~ . I~ ]nl.l!~f~ j jHHp~h!~fi,ll] i.sf ]U ~ai hdj ~"'~~~ .p.ll~ B ~~~a~ !l,~ t IH llt~I]B;j~.~~II~;~II~ltltJI .iil~i;1 B 1liLl; BI's-~.~~.~'~ a6.!1.ll]lt'./J"'I"lj~"'~]~11 ~~i~~ ia~l,;;n~.il,g["'Sj~ 8~:E.. ":h~.~ i !li!l.fl!i~ltll'III!!IJill=lj~!;11 ! _~~~~~A.~~~Nl7.l~~S~~~~~~u~~~~~~o~~~~~ 2 ~ I J ] t ~.~ ~ '.1 ! ' ! ; ~ J I !~ ] !1;5 ~ h ~ h ~ ~ ~ :l ~ I i ~~ -~. . ~ ~. ~ .~ ~ =-~ -a~ ~ &~ .El ft ~ t ~ ~ ~ ~ ~ ..,. NO'" '< ~~~~~ ~~~~ '!~$~ ~~~~ ~i~B J~~J~~. P'~~~ ]'::J:!: - ;;~ - B::J:!: - ~~~ '" ~ ~80~o~ ~~~~ ~~~~ ~~~~ ~~~j o_E 6~.~ ~ Q~ooQ O~ooQ <~ooQ oo~ro_ ~~~ ~ ~ "' = o "S (l) o .. of "" -. " ' " j:l., :U~~ ~ ~~1l,,&i"~ '" !~r!ro !i1 z !~g :g ~ ~ ~ l II J ~ o Z ""0 ........04 o ~ 00 ~ o ...d rJ:i. (l) ...d ~ . ~ . ~ '" r:/l c.:J Z ~ Q ~ o ~ ;:E ~ ~ ~ ~ ~ ;:E ~ t .~ " ~ ~ 0__ .ij~ ;!;~ "8'"" ~b~ <~~~~::: 8~~ ~~~ rI1~'~'il::J~ ~f2t1)~~~ I <:...t.:=:> ::::::::::::I~:::::':::: ~ I ATTACHMENT 9 - P&Z MINUTES I Page 65 Page 67 I COMMISSIONER HOLT: No. I'd like to have I somehow this gets out quickly to the people who are buying 2 the J-Swing option left in there, they could build. 2 and maybe some of those houses that are Wlder construction 3 COMMISSIONER STRANGE: They can, but they 3 right now because I think once people see this, it's going 4 don't have to. 4 to catch on and I'd like to see it - maybe we've got some 5 COMMISSIONER ROY: so you're agreeing with 5 ideas for our Code changes some day. Thank you. 6 item I, then that all front-facing garages -- all lots may 6 COMMlSSlONER STRANGE: okay. So we have a 7 have front-facing garages. 7 motion by Mrs. Holt and a second by Mr. Watkins and it is 8 COMMISSIONER HOLT: Yes. 8 agra:d that staff and qat will continue to wordsmith 9 COMMISSIONER ROY: I offer as a friendly 9 before it goes to CoWlcil Any other discussion? If not, 10 amendment as well the wording of Item I on Page 2 -- 10 are we ready to vote? All in favor of the motion or 11 excuse me, Page 3 of their letter of January the 2nd. 1 I against the motion, please vote. The motion passes 7-0. 12 COMMISSIONER STRANGE: Just to be clear, 12 MR REICH HART: Thank you for your 13 why don't we read that into the record as well, Mrs. Holt. 13 patience. 14 COMMISSIONER HOLT: All lots may have 14 COMMISSIONER STRANGE: our next public 15 front-facing garages, front facing attached or detached 15 bearing is Item 5B, which is an Alternative Development 16 garages cannot extend in front of the house, however, 16 Plan for proposed retail and office development on 17 attached garages that do not face the street, typically 17 approximately 25 acres located on the northwest corner of 18 referred to as J-Swings, may extend in front of the 18 University Drive and Old North Road intersection. The 19 houses. 19 property is located in a neighborhood residential mixed 20 COMMISSIONER STRANGE: okay. Do you take 20 use zoning district and commercial mixed use general 21 those friendly amendments to your second. 21 zoning district. 22 COMMISSIONER WATKINS: [take those. 22 The purpose of the Alternative Development 23 COMMISSIONER STRANGE: okay. So we have an 23 Plan is to deviate from. the requirements of Subchapter 13 24 amended motion and now an amended second.. 24 of the Development Code and this item has been remanded 25 COMMISSIONER ROY: And just one 25 from the City Council Ms. Cbe\.vle. P~e66 P~e68 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 clarification, my understanding is is that what we're expecting, what we're Wlderstanding is there may be some review of this language, perhaps, by legal or staff before it gets to Council if it can be improved; is that correct? LEGAL: Yes. Typically what happens is that Planning staff will rough out an ordinance and I will review it and sign off of it, approval as to legal sufficiency. It hasn't been mentioned in the motion, I know that at one time that it was mentioned., the issue of what it means to have simulated wood panels or simulated wood trim and I know at one point the applicant said something about attaching some photographs to use as exemplars of that and I don't know whether the Commission intends to include that in the motion as well or not. COMMISSIONER HOLT: I would like to, uh-huh. COMMISSIONER WATKINS: second. COMMISSIONER ROY: And I would just like to comment then, I'm going to support this motion. I think that the idea for the columns just looking at them, if you drive through the subdivision, the columns help a lot and these doors, these wood doors or simulated wood panels are going to make a - can make a major improvement in the subdivision and could make it one of the nicer looking subdivisions of homes in this price range. So I hope that 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. CHEWLE: This item was presented to Planning and Zoning Commission on November 9th, 2005. Staff had n::commended denial, but Planning and Zoning Commission made the recommendation to City ColUlcil to approve this - the parking - the two rows of parking in front of the building with SOlIIe conditions that there would be a tbree-foot high berm, there would be a tbree-foot high hedge and that there would be a 12.5 feet landscaped area in addition to the required ten feet. When this case was presented to the ColUlcil the CoWlcil's discussion centered arolUld the apparent and completeness of the ADP and the CoWlcil's desire to consider an ADP that addressed all of the site design issues. The applicant came back and submitted the -- submitted -- well, it's not a new site plan. This is really the site plan that the applicant submitted at fIrst whenever they made the application. The applicant at that time only wished to ask for parking in front of .- between the building and the street, there was other incomplete information on the site plan, and, therefore, staff suggested that all of that be removed from the site plan just so it doesn't get approved the way it was on the site plan because the parking is in access. The staff could not calculate the parking because the uses were not determined, so we had PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 65 - Page 68 Condenselt 1M Page 69 Page 71 1 all the -- we relayed all these comments to the applicant, 1 will not support it, and the applicant insisted that - 2 but the applicant said that their only issue was parking 2 his request is only parking in front of the street. And 3 in front of the street so we did not approve a site plan 3 if he puts a note on there. would that be satisfactory and 4 showing tn:es on it which really could be below our 4 staff really was not in a position to -- we told them that 5 current Code, so really that is the reason, whenever you 5 probably the note would not be enough, but Council wants 6 saw frrst this is the site plan you saw, because staff 6 to see a complete site plan, so we will let you bring what 7 wanted to be sure that we were not in a position where we 7 you want to bring to Council. 8 approved something that was -- that did not meet our new 8 COMMISSIONER ROY; what is the impact of 9 Code. 9 our denying this in terms of -- 10 When it went to Council, Council - Council 10 COMMISSIONER STRANGE: staff. 11 wanted to see a site plan which was complete. This is 11 MS. CARPENfER: This follows the zoning 12 what -- they said that the - that they did not want to 12 amendment procedure so let me look at exactly what it 13 set a precedent of partialated P's. The Council also 13 says. Go ahead, Supriya. 14 wanted Planning and Zoning Commission to know that they 14 MS. CHEWLE: If you <kny it today, when it 15 are in support of the development and the decision you 15 goes to Council it has to be passed by a super majority. 16 made in the November II, 2005 - I'm probably -- the date 16 COMMISSIONER ROY: But what would be going 17 I'm not sure, but it was November 9th or 11th, 2005, but 17 to Council if we approve this -- this is the same that we 18 they want to see a complete site plan. 18 sent them already and they sent it back to us. 19 The applicant has submitted a site plan 19 MS. CARPENTER: EXactly. 20 which shows 21 lots with approximately 950 parking spaces 20 COMMISSIONER STRANGE: well, I thought the 21 which exceeds the maximum number of parking spaces. 21 only thing that we approved before - the -. my 22 The plan shows lot sharing parking spaces. A mutual 22 recollection was that the ADP we approved before related 23 agreement will be required. With this, I would like to 23 only to parking in front of the building. 24 say that staff still supports the parking in front of the 24 M& CHEWLE: That's correct. But according 25 building -- between the building and the street, but if 25 to Council in the past whenever there was an ADP, the ADP Page 70 Page 72 I this is the site plan that will be approved, staff is not I showed a complete picture of how the development was going 2 in support of this -- support of this site plan being 2 to look. 3 approved the way it has ~ presented. Staff suggests 3 COMMISSIONER STRANGE: why weren't we 4 that if this -- this -- if you look at the site plan, the 4 presented with that when we made our decision last time? 5 site plan has notes on it that says that it is only for 5 MS. CHEWLE: EXcuse me. I'm sorry. 6 parking in front of the -- parking in front and it's not 6 COMMISSIONER STRANGE: why were we not 7 for parking spaces. The tenants will come back and apply 7 presented that when we made our decision? We were only 8 for other ADP'S which -- which pertain to parking spaces 8 presented the one item. If there were more items to be 9 and trees and aU of that other -- all of the other ADP'S 9 considered, why were we not presented that at the time? 10 at a later date. So if we go ahead and approve this we 10 MS. CHEWLE: I" II let Kelly answer that. 11 are kind of in conflict of what the notes are, so -- and 11 MS. CARPENTER: I'd like to answer that. 12 that is why staff cannot support approval of these 12 COMMISSIONER STRANGE: okay. The ADP 13 additional items and if this is the site plan that's going 13 description in Chapter 13 of the Code does not include the 14 to be considered, staff is in opposition. If you have any 14 language that says there must be a site plan. It doesn't 15 questions, I'll take them. 15 say it must be a whole site plan. It doesn't even really 16 COMMISSIONER STRANGE: Thank: you. Mr. Roy. 16 intimate that a whole -- that a site plan has to be there, 17 COMMISSIONER ROY: Did you explain to the 17 but it's been treated in the past -- applicants have 18 applicant what was going to happen? 18 submitted site plans, but it doesn't tell you it must be a 19 MS. CREWLE: Yes. the applicant has always 19 site plan or it must be a whole site plan. And so we -- I 20 ~ kept informed about how the staff felt about this 20 guess, went out on a policy limb when working with this 21 development and what was required. We had told the 21 applicant and said only submit part -- the part of the 22 applicant -- we had a very long conversation with the 22 site pian that is approvable because the rest of it 23 applicant telling them -- telling the applicant that staff 23 doesn't meet anything that's in the Code, and he doesn't 24 cannot support all of these other things, and if this is 24 want to ask for waivers from those, so that's why you only 25 the site plan that's going to be presented, then staff 25 saw a partial one, but when it got to Council, Council PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 69 - Page 72 Conden.seIt TM Page 73 Page 75 1 felt very strongly that not only was a site plan required, 1 their preference was to see a whole site plan. So there 2 but the whole site plan was required, so what applicant 2 is a whole site plan but the notes PO 3 has done is supplied you with the whole site plan and then 3 LEGAL: l'11 have to admit., I'm confused as 4 by note taken everything off the site plan except the 4 well because - I am. so sorry. It does appear to me that 5 parking in front of the building, the landscaping and the 5 -- that this note indicates the intention that it be 6 three-foot berm. All right. So the picture's there, 6 limited to the issue of the parking alone. And insofar as 7 okay, but by note everything eIse has come back off, and 7 I was not involved in the Council discussion, I honestly 8 it's still a site plan for two rows of parking in front of 8 don't know what was intended by the whole site plan, but 9 the building with the landscaping and the berm. 9 it does appear to me that with the presence of this note, 10 COMMISSIONER STRANGE: BUt the Code -- the 10 that it's limited to the issue of the parking alone. 11 Code itself it does not require -- what you're saying is 11 COMMISSIONER STRANGE: Mr. Watkins. 12 the Code itself does not require that. 12 COMMISSIONER WATKINS: Thank you, Mr. 13 MS. CARPENTER: Does not require a whole 13 Chairman, if I recall correctly, this site plan was like 14 site plan? 14 the church across the street. Council said they would 15 COMMISSIONER STRANGE: uh-huh. 15 like to see what it looked like set down in its place. We 16 MS. CARPENTER: I don't think it says that 16 had the parking in front., and I thought we were on the 17 but I believe that the Council's clear intention was that 17 right track. But it doesn't look like the developer wants 18 a whole site plan be provided. That's why they remanded 18 to work with us if they come back with the whole picture 19 it back here so that you would consider a whole site plan 19 and then start putting notes taking things off. I 20 and what got in front of the Council was a whole site 20 personally have a problem sending that back to the Council 21 plan. 21 because I don't think they want it. I don't think we 22 COMMISSIONER STRANGE: well, I guess I have 22 really want it either even though I would love to have the 23 a little bit of a problem with that if -- if it's not 23 development. Thank you, sir. 24 required by the Code. 24 COMMISSIONER STRANGE: Thank you. Any 25 MS. CARPENTER: I'm looking for the 25 other questions of staff? Page 74 Page 76 1 requirements in -- I MS. CHEWLE: can I say something? The 2 COMMISSIONER ROY; while you're doing that., 2 problem with this development is the applicant is not sure 3 could legal comment on the note issue. Doesn't the note 3 about the buyers. They're not sure about the lot sizes. 4 meet the requirement? 4 They're not sure about how many lots -- maybe there won't 5 LEGAL: To tell you the truth, I don't 5 be 21 lots. Maybe there will be less. And the problem 6 know. I can't read the notes on this and I don't think 6 with approving - I mean, we could ask the applicant to 7 that I've got a legible copy of it. 7 work with us and come up with the exact number of parking 8 MS. CARPENTER: Mr. Chairman, the 8 spaces, give us all of that, but in the future if 9 requirements for Alternative Development Plan at 3513.5 9 something changes, the applicant will have to keep coming 10 sayan applicant may propose an Alternative Development 10 back to make amendments to that ADP if their plan changes 11 Plan which meets or exceeds the design objectives of this 11 in the future and that is the reason why we were trying to 12 Subchaprer but does not meet the standards of the 12 accommodate the applicant in the first place to do -- just 13 Subchaprer. The Alternative Development PIan provides the 13 do the parldng in front of the building, but the Council 14 option to address the design criteria through a flexible 14 has guided us in a different direction and that's why you 15 discretionary process reviewed by the Council utilizing 15 - secondly, I think the Council wanted to see the whole 16 the zoning amendment process procedures. And then it 16 site plan back, but I think they wanted to give you guys a 17 gives the criteria for approval, that it preserves 17 chance to review it once before it goes to them, so you 18 existing neighborhoods, assures quality development that 18 have. say, in what happens with this. 19 fits in with the characrer of Denton, focuses new 19 COMMISSIONER STRANGE: well, let me ask a 20 development activity to activity centers to curb strip 20 question just along those lines. I thought what we were 21 development and sprawl and ensure that infrastructure is 21 doing was, if you will, a pre-planning process which was 22 compatible, is capable of serving the development. And I 22 to allow the developer to know that as he went forward, he 23 don't think there's a definition of an Alternative 23 could have parking in front of the buildings with the 24 Development Plan. 24 criteria that we set out with the berms and the 25 So -- but the Council made it clear that 25 landscaping. Before he can go forward with any PLANNING AND ZONING MINUTES JANUARY 11~ 2006 Page 73 - Page 76 Page 77 Page 79 1 development, he still has to come back in with a plan. 1 Council wants. I mean, obviously, it would be great if 2 MS. CHEWLE: Yes, that's correct. 2 this thing could be gone from a conceptual plan to some 3 COMMISSIONER STRANGE: so I mean, the 3 site plan right now, hut I think that's asking 100 much of 4 Council still has the opportunity to see it - this just 4 a development this big. I don't see anything for us to do 5 assisted them in their planning effort. 5 but to try to move the development along and I thought we 6 MS. CHEWLE: I think one of the Council 6 did that when we gave them this fIrSt step. And I don't 7 member's concerns was that they did not want to see 7 know what to do with that. Is there applicant here to 8 piecemeal ADP'S in the future and they did not want to set 8 talk tonight? 9 a precedent for those kind of ADP'S. 9 MS. CHEWLE.: Yes. 10 COMMISSIONER STRANGE: . well, how is this a 10 COMMISSIONER ROY: okay. 11 piecemeal ADP -- the only thing we approved is parking in 11 COMMISSIONER STRANGE.: staff you had one 12 front of the building. 12 comment. 13 MS. CHEWLE: well. because in the future 13 MS. CARPEN1'ER: pardon me, Mr. Chairman. I 14 the applicant could come back and say now I want ADP from 14 just wanted to say that, I mean, the Planning Commission 15 the parking. Now, I want ADP from the tree regulations so 15 could find that the site plan is complete because the 16 that's what I think the Council member meant by 16 entire drawing is there of the entire site. So you could 17 piecemeaIing it. 17 find that a complete drawing is there and you could also 18 COMMISSIONER STRANGE.: well. I think I 18 fmd that with the notes going forward, it still meets the 19 could agree to that. I would assume that if we've made - 19 intention of what YOIrr last decision was that you were 20 that if we've made our decision that this is going to 20 supporting the two rows of parking in front of the 21 cover the items that we have at this time, but, again, as 21 building, the landscaping and the little berm and not take 22 you go forward in the planning, there could be other 22 a position contrary to what you did last time, 23 things. I don't know -- you need to have some criteria to 23 COMMISSIONER STRANGE.: Any other questions 24 start with. Either that or you have to wait until he gets 24 of staff? Okay. We'll close the public hearing and is 25 the whole thing developed before he'll even know what he 25 the applicant here and do they wish to speak. Page 78 Page 80 1 can do. You need it have some guideline to know the 1 MR. SCHATINER: I don't wish to speak, but 2 direction that you're starting I guess is all I'm saying, 2 I'll be more than happy to answer questions. 3 and that's what we gave them. 3 COMMISSIONER STRANGE: Anyone have any 4 MS. CHEWLE: rhat's correct and we 4 questions of the applicant? Mrs. Holt. 5 completely agree with you. We did exactly what we at this 5 COMMISSIONER HOLT: Yes. Is this the 6 position at this time with the provided information could 6 closest thing to a site plan that you have? 7 do, but since we were guided in a different direction, 7 MR. SCHATrNER: That's correct. 8 we're back here trying to work something out. 8 COMMISSIONER HOLT: Okay. How many of 9 COMMISSIONER STRANGE: okay. Mr. Roy. 9 these places are -- do you have occupants for? 10 COMMISSIONER ROY: n seems clear to me 10 MR. SCHA TINER: Four of those. One of them 11 that this is a very large site, lots of buildings and I'm 11 is currently waiting OD a franchisee. 12 sure that the developer has -- hasn't sold more than two 12 COMMISSIONER HOLT: So this is what you 13 or three of these things. I don't know how many he's 13 hope to build at some point, build this out at some point, 14 sokl, but I can just see there's different companies 14 you're not going to go ahead and build this and wait? 15 involved and it's a conceptual plan is what it says on the 15 MR. SCHATrNER: There's DO way that 16 drawing and this is the concept of what this thing is 16 anybody can get a loan to do that. 17 going to look like, but it -- I would guess it's years 17 COMMISSIONER HOLT: Thank you. 18 before it fills up. And as our chairman said, I thought 18 COMMISSIONER ROY: Excuse me, Go ahead. 19 we were starting off with a first step here, something 19 COMMISSIONER STRANGE: Dr. 1hi.bodeaux. 20 that would allow him to go out to retail establishments 20 COMMISSIONER THIBODEAUX: I'd like to hear 21 and say, yes, I can get parking in front. Here's what I 21 your thoughts on the opinions that were expressed, were 22 have to do and there's probably going to be lots of othec 22 they accurate in terms of DOt being being able to do more 23 things that we have to address on this site this big with 23 with this at this stage because it really had not been 24 as many different companies and types of establishments. 24 sold or leased or whatever? 25 So I am a little bit confused as to what 25 MR. SCHATINER: That's an.accurate CondenseIt 1M PLANNING AND ZONING MINUTES JANUARY 11~ 2006 Page 77 - Page 80 Page 81 Page 83 I statement. We don't have any ambitions at this point to I some idea - this document that's before you this 2 even guesstimate how many lots. What we're trying to do 2 presentation for the site plan, I believe is more 3 is convey as closely as possible based on our experience 3 supplemental than anything else. 4 of the other three billion dollars' worth of developments 4 COMMISSIONER ROY: ADd do you need - I 5 we've done as to what we think will most likely happen. 5 mean, you were - obviously were in here asking for 6 This is a multi~year plan. And so what we're trying to 6 parking in front of the building. I mean, is this 7 convey is information as closely as possible so that you 7 something that you need resolved before you can go further 8 the P & Z and the City Council can make accurate 8 or what's with - where do you stand in this plan? 9 decisions. 9 MR. SCHATTNER: Right now -- retail does 10 COMMISSIONER TIllBODEAUX: Thank you. 10 not work and we have indica1ed this to everyone that we've 11 COMMISSIONER S1RANGE: Any other questions 11 been working wifu in staff to the p & Z Board and to 12 of the applicant? 12 Council, retail does not work without two rows of parking 13 COMMISSIONER ROY: Well, 1'd like to ask 13 in the front. The underwriters who look and evaluate 14 the applicant if he knows what City Council is looking 14 retail, they want to see sufficient accessibility to each 15 for. I haven't understood. it myself. What did you think 15 individual retail use. It may work for a Sonic where they 16 they were asking you to do. 16 only have one row of parking in the front. It does not 17 MR. SCHA TINER: The original concept that 17 work for multi-tenant retail. 18 we submitted was what you see in front of you with the 18 In addition to that, the other retailers 19 exception of the notes that we were going to provide a 19 who we are currently working with and have contracts for, 20 berm and the landscape hedge, I believe, that was on the 20 they want to see two rows of parking in the front. If 21 front that we discussed last time that we were present. 21 this is not resolved, they will not buy the site. And 22 We've added those notes on this plan. That's the only 22 that's what we're trying to do. We're trying to take care 23 change that we've made from that last meeting where we 23 of all of the entitlement work up front so that we can 24 presented this concept plan until today. We originally 24 create liquidity in this asset. 25 wanted to present the Concept Plan that you see before 25 COMMISSIONER ROY; okay. Do you think this Page 82 Page 84 1 you. The information we reA;cived from staff indicated 1 was conveyed effectively to Council? 2 according to the ordinance, the way that the ADP is 2 MR. SCHATTNER: Absolutely. 3 written, that they only show we, as the developer only 3 COMMISSIONER ROY; Thank you. 4 show the rows of parking in the front. We do not show the 4 COMMISSIONER STRANGE: Mrs. Holt. 5 other issues pertaining to who knows what. Again, I don't 5 COMMISSIONER HOLT: Yes. Looking at this 6 want to guesstimate because we're selling sites to 6 site plan, so you are requesting, I'm looking at the 7 ultimate end users who will come in and design a facility, 7 center in front of Lot 6. It says retail and restaurant. S a building, an enterprise according to the covenants, 8 Those two lines of parking right in front -- is that what 9 conditions, and restrictions that we've set in place for 9 you're considering two rows of parking? 10 this development. 10 MR. SCHATTNER: Yes. 11 So I believe the concern from City Council 11 COMMISSIONER HOLT: okay. And then so down 12 was what is going -- what is this going to look like? 12 here, down to the left where it says two little 13 What is the -- the overall design intent? And so I think 13 restaurants and then something aD the end, they're not two 14 fue disconnect here is the information which needs to be 14 rows down there? So it's just in front of this retail 15 conveyed to the City by the developer and what information 15 here and down toward Old North Road. That's a requirement 16 needs to be present if it is only pertaining to the 16 or I shouldn't say requirement but just a prototypical 17 parking in the front of the building. There needs to be a 17 desJgn by those users. It has nothing to do in terms of 18 note and that is specifically what we've indica1ed in our 18 our request, but the two sites that are in the end are two 19 presentation is that we do not want to even begin to 19 of the sites. Actually, one oftbem's already been 20 discuss estimate, guesstimate as to the other issues that 20 negotiated for Sonic. The pad site next to that is also a 21 may or may not be present relative to each individual 21 restaurant use, we're waiting for the franchisee for. 22 users. That's not our intent. Our intent is not to 22 But the site has already been approved and 23 exceed parking. It's not to deal with landscape issues OD 23 that is a prototypical design. I believe that's fue site 24 the interior, building materials, et cetera. 24 I think that we -- that you're looking on the far west 25 So I think what Council was looking for is 25 side of the site. So we're waiting on the franchisee for CondenseIt 1M PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 81 - Page 84 CondenseIt 1M 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 Page 85 that site next door to that. And again, those are just 1 prototypical. It has nothing to do with -- in terms of 2 our request. 3 COMMISSIONER HOLT: Thank you. 4 COMMISSIONER STRANGE: AnY other questions 5 of the applicant? Okay. Thank you very much. 6 MR. SCHATINER: Thank you. 7 COMMISSIONER STRANGE: Mr. Roy. 8 COMMISSIONER ROY: I would go back to legal 9 now and if we were to approve this partial ADP because the 10 Concept Plan includes a note which clarifIes the intent of 11 it to be very limited. Does the note stand up and say 12 that the rest of this -- not approving the rest of the 13 site plan. We're only approving the issue before us 14 tonight? 15 LEGAL: I don't think that you would want 16 to couch it in terms of approving a partial ADP. The Code 17 -- the Code, Denton Development Code doesn't speak in 18 terms of a partial ADP. It's the ADP stands or falls on 19 its own merits, however, if I'm understanding your 20 question correctly, I do think this note effectively limit 21 the applicability of this exhibit to the issue of the 22 parking. So if this Commission were to make a 23 recommendation for approval of the ADP to Council., the net 24 effect would be that you're recommending that the ADP be 25 Page 86 granted on the basis of the parking if that answers your 1 question. 2 COMMISSIONER ROY: It does, thank you. 3 COMMISSIONER STRANGE: Mr. Watkins. 4 COMMISSIONER WATKINS: Thank you, Mr. 5 Chairman. Would it be possible to continue this? It 6 would appear that we're between a rock and a hard place. 7 The Council sent it back. I certainly like the 8 development. I wouldn't want to cost them more money. Is 9 there some way that perhaps we could continue it? 10 COMMISSIONER STRANGE: My own opinion, of 11 course, I'll refer to legal, but I don't know what we 12 would gain by continuing it. It appears to me that we are 13 where we are because in the Development Code which was 14 historically here before the Code was passed obviously, 15 the requirement that you can't have parking in the front. 16 So if it weren't for that one thing in the Code, this 17 applicant would be like predecessors here many, many 18 times, they wouldn't have to worry about this. They would 19 have that as a known, and then they would come forward 20 with their plan as they're ready to go forward. 21 It appears to me what he's tried to do is 22 clarify on this site that he is going to be able to have 23 an ADP to the Code as it relates to parking in front of 24 the building. And he has to have that before he can 25 Page 87 effectively go forward and mark in his tract. So I don't see anything wrong with what we've done. COMMISSIONER WATKINS: I think the Council gave him -- did they not indicate that they were not against parking in front of the building? MR SCHATINER: That is correct. COMMISSIONER WATKINS: They did not approve it, but they did not tell him or indicate to him or his company that they he could not have the parking in front. They just wanted a complete ADP. COMMISSIONER SlRANGE: well, we have a complete ADP as it relates to parking in front of the building. And so in my opinion we have met the criteria of the Code. It doesn't say there's a site plan. We're simply giving this applicant the opportunity to move forward with his plan and to move forward with his development based on the ADP that he submitted, which is relating to parking and this landscaping in the front. So Mr. Roy. COMMISSIONER ROY: well, I think that we don't want to get into a situation where we approve something, send it up there, they can send it back. We approve it again. They send it back. I don't think it's good for the applicant for the development for this kind of negativity going on and along the lines of Commissioner Page 88 Watkins, I wonder if we can somehow maybe have a - continue this -- we have a separate meeting, maybe a couple of Commissioners with staff or something and try to understand what Council is saying. We could act on it tonight, but if we - if we approve it and send it up there and they deny it, the loss of time is even more. If we continue it to our next meeting, say, then the loss of time likely is only a couple of weeks. But just somehow there's a communications problem. COMMISSIONER SlRANGE: Let's just ask staff. Let's just ask staff. What do you think two weeks would buy us? MS. CARPENTER: I don't think it buys us anything. I think that - staff is very carefully looking at ADP'S right now. And I think that staff will in the near future propose to the Planning Commission and the Council that a complete ADP includes the site plan, but it also includes the list of things from which the applicant chooses or proposes to deviate and how they're going to mitigate from those deviations. And that goes on the site plan document, and I think that you can get to the point where you can fmd that this document does that. I think what the Council really wanted to see was the whole picture and even though the notes negate the whole picture, that's what they wanted to see and they PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 85 - Page 88 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 CondenseIt 1M Page 89 Page 91 I made it clear that it was -- that they supported the two 1 caqories would be requinrl on a project by project basis 2 rows in front of the building and so did the staff and so 2 to establish what the space requirements for storage would 3 did the Planning Commission. So I think maybe, you know, 3 be. And for those developments where the initial occupant 4 it might be better if we could all sit down with the 4 will generate less waste and recycables than industry 5 Council and hash out what we mean by ADP'S, but I don't 5 norms, the initial development - or development site plan 6 think it's the right thing to do to hold up this guy while 6 must provide adequate space for expansion of enclosures to 7 we have that internal discussion. 7 accommodate additional container storage based on industry 8 COMMISSIONER STRANGE: well. any other 8 standard generation rates. 9 discussion? Do we have a motion? Mr. Roy. 9 Property owners shall design and construct 10 COMMISSIONER ROY; I may need some help 10 their enclosures and access to enclosures 1D meet or 11 from legal on this wording, but I'm going to recommend 11 comply with the requirements of Chapter 469 of the Texas 12 approval of the requested Alternative Development Plan as 12 Government Code and the Texas Assessability Standards. 13 it relates to parking and landscaping as previously 13 With that, I would take any questions concerning the 14 proposed and agreed to by this Commission. 14 current design criteria and its updates. 15 LEGAL; I think that would work fIne. I 15 COMMISSIONER STRANGE: Any questions of 16 see no problem with your motion as stated. 16 staff. This is a public hearing so I'll open the public 17 COMMISSIONER STRANGE: We have a motion. Do 17 hearing. Is there anyone who wishes 1D speak for or 18 we have a second? 18 against? Mr. Reichhart. You had a card that said you did 19 COMMISSIONER HOLT; second. 19 not wish 1D speak, which I could not believe. 20 COMMISSIONER STRANGE: We have a motion by 20 MR. REICHHART; oh, did I mark that? How 21 Mr. Roy and a second by Mrs. Holt. Any discussion? If 21 foolish of me. 22 none, please vote. Motion passes 7-0. 22 COMMISSIONER STRANGE: That's what I 23 Okay. The next public hearing is going 1D 23 thought, too, when I saw that. Okay. You can speak. 24 be Item No. 5C, which is an amendment to the Denton 24 MR. REICHHART; And I'm in favor and 25 Development Code for solid waste design standards in 25 opposed 1D certain portions. I really think the Page 90 Page 92 1 Subchapter 13. Mr. Kemler. 1 regulations are needed. Too often solid waste is the last 2 MR. KEMLER: Good evening. I'm Vance 2 thing considered on a site and it really needs to be 3 Kemler, Director of Solid Waste for the City of Denton. 3 incorporated in the entire site design, however, there are 4 And before you you have an Agenda item that would update 4 a few portions of the regulations that give me some 5 the existing solid waste - or the Solid Waste Amendments 5 heartburn. The new regulations kick in if you rezone a 6 to the Denton County. 6 piece of property. So I could have an existing structure 7 As background the Denton Development Code 7 and intend to change the use and maybe have to rezone the 8 requires new construction and certain other projects such 8 property. Automatically now I have to update the trash 9 as redevelopment and major remodeling 1D locate waste 9 enclosures. 10 storage containers, dumpsters, behind the front building 10 If I replat a piece of property - and my 11 line in order to provide clear general guidance 1D 11 property is platted, I want to maybe expand in the future 12 developers on the City's requirements from municipal solid 12 and I just combine two pieces of property, no development, 13 waste and recyclables storage enclosures. The City staff 13 no nothing, the regulations kick in. I do agree that they 14 has prepared a draft update to the site criteria manual. 14 should kick in when you're due something, if you're 15 The draft of the amendments to the site 15 ChllTlging something on your structure, if you're expanding 16 design standards were presented to attendees of the 16 or doing something, but at the same time the applicability 17 developer's luncheon on November 9th, 2005 and the revised 17 table -- typically, the way it was written is that the new 18 - and revised based on the input from attendees and 18 expansion had to conform up 1D a certain point and when 19 others in the community. 19 you went over 50 percent the entire site needed to 20 The draft document was further revised 20 conform, so, you know, taking a look at those numbers, I 21 following the P & Z Commission Work Session comments on 21 think: would be important, too. Going into - if you had a 22 December 9th of 2005 and an overview of those changes 22 500 square foot office, you have 1D have one enclosure, 23 include a clarification of the storage space requirements 23 you know, which is about 200 square feet, 10 by 20, 24 1D accommodate solid waste storage units. We further 24 something like that, I don't have the figures in front of 25 clarified that those projects other than the listed 25 me. But I think: in in-rill areas or there's got to be PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 89 - Page 92 ATTACHMENT 10- ORDINANCE ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATNE DEVELOPMENT PLAN ON APROXIMATELY 25 ACRES OF LAND, GENERALLY LOCATED ON THE NORTHWEST CORNER OF UNNERSITY DRIVE AND OLD NORTH ROAD INTERSECTION, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT, AND A COMMERCIAL MIXED USE GENERAL (CM-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, FOR THE LllvHTED PURPOSE OF ALLOWING PARKING BETWEEN THE STREET AND THE BUILDING; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXlIvIUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ADP05-0008) WHEREAS, Imperiwn Holdings, LP has applied for an alternative development plan which is on file in the City's Planning Department, on approximately 25 acres of land, located in a Neighborhood Residential Mixed Use (NRMU) zoning district and a Commercial Mixed Use General (CM-G) zoning district, as more particularly described in Exhibit "A" attached hereto, and made a part hereof by reference (the "Property"); and WHEREAS, on November 09, 2005, the Planning and Zoning Commission recommended approval with conditions of an Alternative Development Plan; and WHEREAS, on December 6, 2005, the Planning andZoning Commission recommended approval with conditions of an Alternative Development Plan; and WHEREAS, on January II, 2006, the Planning and Zoning Commission recommended approval with conditions of an Alternative Development Plan; and WHEREAS, the City Council finds that the Alternative Deyelopment Plan is consistent with The Denton Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein as true. SECTION 2. The Alternative Development Plan, consisting of two rows of parking between the building and the street as set forth in the site pIan attached as Exhibit "B", is hereby approved, with the following conditions: 1. Provide a 3 feet high berm along University Drive frontage outside the 8 foot easement. 2. Provide 3 feet high hedge along University Drive frontage outside the 8 foot easement, and planted in front of the berm. 3. Provide a 12.5 foot landscape area, in addition to the required 10 foot wide landscape area, planted with one large tree for every 40 linear feet. (The landscape area will be 1 S:\OUT Documents\Ordinances\06\ADP05-0008.doc 22' to back of curb and 22.5' to front of curb). SECTION 3. If any provision of this ordinance, or the application thereofto any person or circumstance, is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions ofthis ordinance are severable. SECTION 4. Any person violating any provision ofthis ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision ofthis ordinance is violated shall constitute a separate and distinct offense. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days ofthe date of its passage. PASSED AND APPROVED this the _ day of , 2006. 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" H ~ Ii ~ I ~ }: . ~ I ./ '-'--~-~~. --'-- :::: I~ f---b ~~~l O~ f~~~j ]~;~i~ .~ Ji.= J! i! . . :?~ l:~ ~l ~ y ~- ~ ~ ~!~ ~L!H ~ ~ c :: '-. , , ~~ ~ "' " - ~ ~ ~ ~~ .r. r-. :::!. i~i~~ n;~t -= ~~~; ~2]8~. ~~ ~ ~ ~...,;: ~ ~-. ~~Hg (L-<. < ~ ~ ~ < ~ ~ ~ ~ u Z o u 1""""1 ~ ~ = o ~ ~ (!) Q ~ o Z ~ - o ~ rJ1 ~ o ..!:l r/J (!) ...0 ~ ~~~7. U!! ~n~ t:Jl:-~l%: ~~:S.;: 07.=< ~~~~ ~~i~ ~:~~ I!tl 1111 ~~6~ ~ ~ ~ ~ !!S~ i~~~ '-" "r,. ti Q... ~ ~CIl~ !~I;I~ I " ~ ~ ~ ~ r, CI) d Z ~ Q ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ " " " :.~ ";;;..-. "3 ~ ~s.:;. ~l ~~~ ~~~i~~ ----;-.-.. -=..t:= ~ AGENDA INFORMATION SHEET AGENDA DATE: March 7, 2006 CM: Transportation Operations Howard Martin, 349-8232 .. DEPARTMENT: SUBJECT Consider the adoption of an ordinance approving the acquisition of professional audit services for the review of royalties paid to the City of Denton for gas well leases within the City of Denton; authorizing the City Manager or his designee to execute a professional services agreement with Diversified Utility Consultants, Inc.; authorizing the expenditure of Airport gas well revenues for the audit of Airport gas wells; authorizing the expenditure of additional funds for audit services subject to the City Manager's approval; and providing an effective date. BACKGROUND In September 2004 the Denton Airport began receiving gas well royalties from Dan A. Hughes Company for Gas Well No. 2-H. In June 2005, the Denton Airport Oil and Gas Lease was assigned to Stroud Energy, Ltd. from the Dan A. Hughes Company. Staff recommends the review of past payments to ensure appropriate fees are being provided to the Denton Airport on the two producing wells, Airport Gas Well No. I-H and 2-H. Additionally, the analysis may assist staff to better determine the life of the gas wells and will assist in refining future revenues from these wells. A preliminary review of the gas well royalty payments by accounting staff identified inconsistencies pursuant to the monthly royalty payment made to the City. Staff initiated discussions with Stroud Energy pursuant to these issues and was successful in recouping $4,384 that was incorrectly deducted for gathering costs. Additionally, our accounting staff believes due diligence dictates the need for such a preliminary review or audit whenever a lease is assigned from one operator to another. It is anticipated that an independent analysis by a qualified private firm will verify staff concerns on payments received to date and correct any accounting errors that may be discovered. At the January 2006 Airport Advisory Board Meeting, the Airport Advisory Board recommended the expenditure of $4,500 of Airport gas well revenues for the preliminary audit of Well 2-H. Well I-H was not originally included in the proposed audit as the well began production in October 2005 and the Airport had received a single royalty payment for Well I-H in December. Board action also provided that upon review and approval by staff and the Airport Advisory Board that a more in-depth analysis would be conducted should the preliminary audit demonstrate a need for additional audit services. As a part of a more comprehensive review of all City owned gas wells that are currently producing, staff has included the preliminary audit of both Airport Gas Wells No. I-H and 2-H and a Denton Municipal Electric pooled well operated by Eagle Oil and Gas Company. The inclusion of the two additional wells increased the original proposal of $4,500 to $6,000, an additional $750 for each additional well. Legal staff has communicated with Diversified Utility Consultants, Inc (DUCI) on providing professional services for the proposed audit. DUCI has provided similar auditing services to the City of Denton in the past with positive results. Staff has a high degree of confidence in DUCI's capability based on past performance. Upon approval of the proposed ordinance, staff will initiate the attached Agreement for Professional Services, Exhibit 2, with DUCI. Exhibit A of the Agreement for Professional Services outlines the fee proposal submitted by DUCI for each of the three wells to be reviewed in the preliminary audit. ESTIMA TED SCHEDULE OF PROJECT Upon approval of the proposed ordinance, staff will initiate the proposed agreement with DUCI to perform the preliminary audit. The proposed agreement allows for 120 days to complete the audit. Pending the results of the preliminary audit, an in-depth analysis may be warranted. Airport and Accounting staff will review the preliminary audit and approve any additional services. The preliminary audit report on the Airport related wells will also be presented to the Airport Advisory Board for recommendation. PRIOR ACTIONIREVIEW The Airport Advisory Board recommends approval of a preliminary audit of gas well royalty payments 6-0. The City Attorney has reviewed and prepared the proposed ordinance and professional services agreement. Staff recommends approval of the proposed ordinance and agreement. FISCAL INFORMATION A preliminary audit has been quoted by DUCI for $6,000 and an in-depth analysis has been quoted at $15,500. The proposed ordinance indicates a not-to-exceed amount of $18,000 for all auditing services. Airport gas well revenues will be utilized to procure the professional services related to the two Airport gas wells. Professional services related to the Denton Municipal Electric pooled gas well will be expended from Electric operating funds. EXHIBITS 1. Ordinance 2. Agreement for Professional Services 3. Airport Advisory Board Minutes, January 11,2006 Respectfully submitted: -nf'aI' &AA- Mark Nelson Chief Transportation Officer 2 S:\Our Documents\Ordinances\06\PSA for Gas Well Royalty Audit.doc ORDINANCE NO. AN ORDINANCE APPROVING THE ACQUISITION OF PROFESSIONAL AUDIT SERVICES FOR THE REVIEW OF ROYALTIES PAID TO THE CITY OF DENTON FOR GAS WELL LEASES WITHIN THE CITY OF DENTON; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PROFESSIONAL . SERVICES AGREEMENT WITH DIVERSIFIED UTILITY CONSULTANTS, me.; AUTHORIZlNG THE EXPENDITURE OF AIRPORT GAS WELL REVENUES FOR THE AUDIT OF AIRPORT GAS WELLS; AUTHORIZING THE EXPENDITURE OF ADDITIONAL FUNDS FOR AUDIT SERVICES SUBJECT TO THE CITY' MANAGER'S APPROVAL; AND PROVIDING AN EFFECTIVE DATE. . WHEREAS, the Denton Airport receives gas well royalties from a lease with Enexeco, Inc. which was dated the 17ili day of January, 2002, which was assigned to Dan A Hughes Company ("Hughes") and subsequently assigned to Stroud Energy, Ltd. ("Stroud"); and WHEREAS, the Lease with Stroud was amended by that certain Modification, Clarification and Ratification of Oil, Gas and Mineral Lease effective January 16,2005; and WHEREAS, the City staff has determined that there are inconsistencies pursuant to the monthly royalty payments under the Lease by Stroud; and WHEREAS, the City Manager recommends that the City Council employ the firm of Diversified Utility Consultants, Inc. (DUCI) to perform a preliminary audit of these payments and, if the results of the preliminary audit so indicate, an in-depth audit at a cost not to exceed $18,000 subject to the City Manager's approval and the Airport Advisory Board's ("Airport Board'') recommendation; and WHEREAS, the Airport Board has recommended that City Council approve the hiring of DUCl to provide a preliminary royalty payment audit not to exceed $4,500 for Airport Gas Well No. 2-H and, if necessary, to perform additional royalty audit services with the amount for all audit services, including preliminary audit services, not to exceed $18,000 subject to the City Manager's approval and the Airport Board's recommendation; and WHEREAS, the City Manager recommends that Airport Gas Well No. I-H, which has I recently started producing, be added to the audit and DUCI has agreed to do a preliminary audit of both Airport gas wells for $5,250; and WHEREAS, the City Manager recommends that the producing gas well on Denton Municipal Electric property under lease to Eagle Oil and Gas Company (Eagle) be added to the audit and DUCI has agreed to do a preliminary audit of this gas well for $750 making the total for the preliminary audit of all these gas wells $6,000; 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 of professional services on the basis of demonstrated competence, knowledge, and qualifications, Exhibit 1 S:\Our Documents\Ordinances\D6\PSA for Gas Well Royalty Audit-doc and for a fair and reasonable price; and the City Council hereby finds and concludes that DUCr is appropriately qualified under the provisions :of the law to be retained as an auditor for the City; and WHEREAS, the City Council deems it in the public interest to employ DUCI to conduct a preliminary audit of the royalty payments from Hughes, Stroud and Eagle and to provide additional audit services ifdeemoo necessary; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The City Manager Of his designee is hereby authorized to execute a professional services agreement for preliminary audit services with DUCl not to exceed $6,000 to review the gas well royalty payments from Dan A. Hughes Company and Stroud Energy, Ltd.. to the City of Denton for the Denton Municipal Airport Gas Well Lease with Stroud and the gas well royalty payments from Eagle Oil and Gas Company for the Gas Well Lease on Denton Municipal Electric property in substantially the form of the attached Professional Services Agreement SECTION 3. The award of this Agreement is on the basis of the demonstrated competence and qualifications of DUCI and'the ability of DUtI to perform the professional auditing services needed by the City for a fair and reasonable price. SECTION 4. The City Manager or his designee is authorized to make expenditures for additional audit services not to exceed $18,000 for all audit services, if the preliminary audit indicates an additional audit is necessary, if the Airport Board recommends an additional audit and the City Manager approves the additional audit services. . SECTION 5. The City Manager or his designee is authorized to make expenditures of Airport gas well revenues to pay for the audit of Airport gas wells. SECTION 6. This Ordinance shall bfiCOme effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. EOLINE BROCK, MAYOR Page 20f3 s:\Our DocumenlS\OTdinances\06\PSA fur Gas Well Royalty Audit.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWlNM. SNYDER, CITY ATTORNEY BY: Page 3 of3 S:\Our Docurnmts\Con.tracts\06\DUCI PSA for Hughes & Stroud.doc AGREEMENT FOR PROFESSIONAL SERVICES REGARDING AN AUDIT OF GAS ROYALTY PAYMENTS STATE OF TEXAS ~. COUNTY OF DENTON ~ tIllS AGREEMENT is :made alld entered into' as of the _ day of March, 2006, 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 Diversified Utility Consultants, me., with its corporate office at 12113 Roxie Drive, Suite 110, Austin, Texas 78729, hereinafter called "CONSULTANT," acting herein, by and through their du1y authorized representatives. WITNESSETH, that in consideration of the covenants 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 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 Tex:as. The professional services set out herein are in conn.ection with the followmg describ~d project:. The Proj eet shall include, without limitation, audit, investigation, examination, and analysis of Dan A. Hughes Company (''Hughesl'), Stroud Energy, Ltd.'s ("Stroud") and Eagle Oil and Gas Company ("Eagle") gas well royalty payments to the Owner. ARTICLE 2 SCOPE OF SERVICES The CONSULTANT shall perform the!folloWing services in a ptofessional manner: A. The CONSULTANT shall perform all those services as necessary. and as described in the CONSULTANT's proposal of February ~8, 2006 to complete a preliminary review of the gas royalty payments from Hughes and Stroud on Airport Gas Wells No. I-H and 2~H beginning in April 2004 and from Eagle on the gas well on Denton Municipal Elecmc property beginning in April 2005 through the most current payment together with CONSULTANT's cost proposal, which is attached hereto as Exhibit "A", B. If provided by OVVNER with information showing the calculation Of the life expectancy of Ai1:port Gas Wells I-H and 2-H aD.9. the Denton Municipal Electric Gas Well,. which shall include capacity of the gas field, withdrawal rates, s(::ismic and. geological information concerning the gas field, d'epth of the well and pressure, the CONSULTANT shall also calculate the life expectancy of Gas Wells I-H and 2-H and the Denton l Exhibit 2 S :\Our Documents\Contracts\06\DUCI FSA for Hughes & StrOuo.doc Municipal Electric gas well and perfoTm a preliminary estimate of the revenues and/or volume of gas produced over the life of these gas wells. C. CONSULTANT shall perform all those services set forth in' individual task orders, if any, which shall be attached to this Agreement and made a :part hereoffor all purposes as separate agreements. . D. CONSULTANT will consult with and submit status reports to the Assistant City Manager for Fiscal & Municipal Services, Airport Management, the City Attorney, and their- staffs. CONSULTANT shall not have to att~d a City Council meeting unless additional consultant fees to cover ilie cost of this audit are added to the maximum compensation set forth in Article 5 ; CONSULT ANT shall provide a final report indicating its recommendations. E. 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 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. Attending City Council meetings or aPpearing before regulatory agencies or courts as an. expert witness in any litigation., il:!c1b.d.ing, without limitation, testimony in rate proceedings before the Texas Railroad. Commission; the Public Utilities Commission,. ot other state and federal agencies. B. Performance of additional audit servicEfs as indicated in a task order to be attached to the Agreement if a more extensive audit is indicated by the CONSULTANT's findings as a result of the preliminary review if approved by the OWNER's City Manager and these additional audit services are recommended by the Airport Advisory Board. c. Any other additional services specificaJly requested by the OWNER not included within the scope of this Agreement and its e:lChibits. ARTICLE 4 PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon ~ssue.of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved' by the OWNER, provided however, the Project shall he completed within 120 days of ilie date of the notice to proceed, unless an extension of time is granted by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Page 2 of 10 S:\Ollt Documcnts\Contracts\06lDUCr PSA for Hughes & Stroud.doc Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein. as expeditiously as possible and to meet any schedule established by the OWNER in Exhibit '<A". acting through its City Manager or Iris designee. ARTICLE 5 COMPENSATION A. COMPENSATION TERMS: 1. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services. 2. '<Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, so.bsistence, 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 CONSDLTANT herein, the OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit <13", from CONSULTANT to OWNER and attached manpower and cost requirements to provide a preliminary audit of these gas royalty payments on behalf of oWNER., a total fee, including reimbursement for direct non-labor expenses not to exceed $6.000. Provided, if additional audit services are recommended by th~ Airport Advisory Board and approved by the City Manager or his designee as indicated in Article 3, the total fee for both the preliminary audit and the additional audit servicest including reimbursement for direct non~labor expenses. shall not exceed $15,500. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its Assistant City Manager for Fiscal & Mnnicipal Services and its City Attorney 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 detennined by the City Manager or his designee. or which is not submitted in compliance with the tyIDlS oftbis 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 agree4 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 perfornl the services listed in Article 3 "Additional Services:' witl;1out obtaining prior written authorization from the OWNER. Page 3 oflD I I S:\OUr Documertts\Contracts\06\])UCI PSA for Hugnes & Stroud.doc C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article 3, the CONStJ.4TANT shall be. paid based on the Schedule of Charges at an hourly rate shown in Exhibit "A". 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 60 days after receipt of the CONSULTANT's utLdisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month frQm the said sixtieth (60th) day, and, hi addition, the CONSULTANT may, after giving seven 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 fo:rth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article 5, "Compensation. " . ARTICLE 6. OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and prom.ptly reporting to the OWNER any: defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE 7 OWNERSmP ,OF DocUMENTS All documents prepared or furnished: by the CONSULTANT (and CONSULTANT's subcontractors or sub consultants ) pursuant to, ilis Agreement are instruments of s'ervice, and shall become the property of the OWNER.'upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of.pll such documents. The documents prepared and furnished by the .CONSULTANT are intended only to .be applicable tq. 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 a1lliabilityrelating to their use in that project. ARTICLE 8 INDEPENDENrCONTRACTOR CONSULTANT shall provide services 10 OWNER as'an independent contractor, not as an employee of the OWNER. CONSULTAJ'\1T shall not have or claim any right arising from employee status. Page 4 of 10 S:\Our Documentll\Contraclll\06\DUCI PSA for Hughes & Stroud.doc ARTICLE 9 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 aiJ.d property damage~ resu1t~g from the negligent acts ot omissions of the CONSULTANT or its officers, shareholders, agents, or employees in th~ execution, operation, or performance of this Agreement. N othirig in this Agreement shall be construed to create a liability to any person who is not a party to tills 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. ARTJCLE 10 INSURANCE During the perfonnance 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 Camers of at least an A- or above: i A. Comprehensive General Liability Insurap.ce with bodily injury liinits of not less than $500,000 for each occurrence and not less than $500~OOO in the aggregate, and with property damage limits pf not less thap. $100,000 for each occurrence and not less than $100,000 ill the aggregate. B. Automobile Liability Insurance With bodily injury limits of not less than $500,000 for each person and not less than $500,000 fot each accident, and with property damage limits of not less than $100,000 for eac~ accident. C.' Worker's Compensation Jnsurance 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 l#nits of not less than $1;OOO~OOO annual aggregate. E. 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 30 days~ prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the e:f;fective date of the change or cancellation, serve substitute policies fumishing the same coverage. Page 5. oil 0 --1 I I S:\Qur Documents'Contracts\06\DUCI PSA for Hughes &:. StTOud.doc ARTICLE 11 ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of altemate dispute resolution, such as mediation. No arbitrlltion or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the oilier party to the disagreement without the other's approval ARTICLE 12 TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving 30 days' advance written notice to the oilier 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 30 calendar days to cure the failure; and (2) an opportwrity 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. 30 days after the date of termination. The OWNER shall pay CONSULTANT feT all services properly rendered and satisfactorily performed and for reimbursable expenses to termination inc~d prior to the date of termination, in accordance with Article 5 "Compensation." Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall c:ooperate'in providing information. The CONSULTANT shall turn over all documents prepared or furnished 'by CONSULTANT pursuant to this Agreement to the OWNER on or beforp the date of termination, but may maintain copies of such documents for its use. ARTICLE 13 RESPONSffiILITY FOR CLAIMS AND LIABILITffiS Approval' by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CON&ULTANT, its. employees, associates, agents, subcolltractors, and sub consultants for the a~uracy and competency of their designs or other work; nOT 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. Page 6 ofl0 1 S:\Our Docurnents\Contracts\06\DUCI PSA for Hughes & Stfoud.doc ARTICLE 14 NOTICES All notices, communications, and reports required or permitted under tbis 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 speci.:fi.ed herein. Mailed notices shall be deemed communicate.d as oftbree days'mailing~ To CONSULTANT: To OWNER: Dan Lawton Diversified Utility Consultants, Inc. 12113 Roxie Drive, Suite 110 Austin, Texas 78729 City of Denton Mark Nelson, Chief Transportation Officer 215 East McKinney St. Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three days' mailing. ; . ARTICLE 15 ENTIRE AGREEMENT This Agreement, consisting of ten pages .and two exhibits, constitutes the complete and final expression of the agreement of the part:ies; 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, communicatiOJis, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 16 SEVERABll..ITY If any provision. of this Agreement is formd or deemed by a court of competent jurisdiction to be invalid or unenforceable, it s1;1all 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 strickjm provision with a valid and enforceable provision which comes as close as. possible to expressing the intention .of the stricken provision. ARTICLE 17 COMPLIANCE WITH LAWS The CONSULTANT shall comply with all f~deral,. state, and local laws, rules, regulations, and ordinances applicable to the work covered heteunder as they may now tead or hereinafter be amended. Page 7 oft 0 I S:\Our DocumeritsICOI\tracIs\06IDUct PSA for Hughes & Stroud.doc ARTICLE 18 DISCRIMINATION PROHIBITED In perfortning 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 19 PERSONNEL A. The CONSULTANT represents that~ it. haB or will sec~e, at its ovm expense, all . personnel required to perform all j:he services required nncler 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. 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 20 ASSIGNABILITY The CONSULTANT shall nbt 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 21 MODIFICATION No waiver or modification oftbis Agreement or of any covenant, condition, or limitation herein contai11ed shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or mpdification 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 22 MISCELLANEOUS A. The following exhibits are attllched to and made a part of this Agreement: Exhibit A ~ Letter ofFebruaty 28, 2006, with CONSULTANT's cast proposal as Exhibit B. B. CONSULTANT agrees that OWNER'shall, until the expiration of three 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 CONSULT ANT involving Pag~ 8 ofl 0 S:\Our Documents\Contracts\06\DUCI PSA for Hugl1es & S1roud.do~ transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during nonnal 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 ofTex~. D. For the purpose of this Agreement, the key persons who will perfortn most of the work hereunder shall. be Jack POllS, Dan Lfl-wton, Ruth Runyon Wenzel, and Sara Coleman.. However, nothing herein shall limit CONSULTANT from using .other qualified and competent members of its finn to penorm the services required herein. E. CONSULTANT shall co:tnmence, 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 pert:ir;I.ent to the Project, includirtg 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 prop'erty 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, ,and CONSULTANT has executed this Agreement through its duly authorized undersigned o~cer on this the _ day of CITY OF DENTON, TEXAS HOWARD MARTlN INTERIM CITY MANAGER Page 9 of 10 S:\OUT Documc:ntsICllntracts\06\DUc:r PSA for Hughl;s & Sl1oud.dllC ATTEST: JENNlFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 9~~ WITNESS: BY: Page' to oflO EXHIBIT A DIVERSIFIED UTILITY CONSULTANTS, INC. ~,~~ . ~~.~.~~~~~~-~ 1l!:11.3ltOXtT!: proVE. SOI'I?!l L1 II, ^ USTm. 'I'll: '>3'72!1 rn1.1!JP'lJOl'T. fr,U11111G7.111160 ~^']r: IGllll :tr07ojl.l!~~ February 28, 2006 Mr. Herbert C. Prouty City Attorney City of Denton 215 East McKinney Street Denton, Texas 76201 Re: ProDOsal to Review and Audit the Gas vs. Rovaltv Payment For Th9 CltV of Denton Dear Mr. Prouty: Per your request, Diversified Utility Consultants, Inc. ("DUGI") is submitting this cost estimate to review and audit the royalty payments associated with the producing gas well in the City of Denton ("City"). It Is DUel's understanding that the City has three producing wells. The City has one well on Denton MunicIpal Electric property and iwo wells at the airport owned by Stroud Energy. The review of the royally payments will consist of analyzing the provisions of each royalty contract and all amendments to each contract, past royalty payments and calculation of those payments, review of external documents flIed at the Railroad Commission of Texas and the State of Texas regarding amounts .produced and payments to the Stale. Specifically. for the roya,lty payments related to the recently purchased Stroud Energy wells, the review will bonsis't of analyzing the past payments received by Dan A. Hughes Company beginning in April 2004 through the most current payment received from Stroud Energy. Duel will review the accounting behind the development of each payment, and verify that they are in compliance with the terms of the oontract and all amendments. The cost estimate for a preliminary review of these three wells, based on anticipated cooperation from the well owners regarding discovery, is $61000. Depending on Duel's findings and direction from the City, a more comprehensive audit may be required. Such audit would require extensive onsite review, additional discovery and more in-depth analyses. DUCI has estimated the cost of the more comprehensive audit would be an additional $9.500 or a total cost of $15,500. If .necessary, a more accurate cost estimate can be made for the more comprehensive audit after the prelimfnal)' review has been completed. The following table breaks down DUel's cost estimate by well: Stroud Energy Well #1.H Stroud Energy Well #2-H Denton Munlclpal Electric Well TOTAL Preliminary RQvl.w $ 750 4,500 m $~ ComDTehenslve AUdit $1 ,000 13,500 1.000 $~ We would like to thank you for allowing DUCI to submit this proposal. We are prepared to commence work on this project immediately upon selection. and would complete the project in a timely and efficient manner. Should you have any questions with regards to this proposal or other matters. please feel free to- contact Jack Pous or Dan Lawton at (512) 257-2600. l~cerelyJ /2 J ~ I J,;./);Il;!J )Jir/lk ~..fJnc, D~ILI;~~LTANTS, INC. EXHIBIT B MANPOWER AND COST REQUIR:EMENTS TO PROVIDE REVIEW OF STROUD ENERGY GAS WELLS & DENTON MUNICIPAL ElECTR1C WELL ON BEHALF OF THl:: CITY OF DENTON PRELIMiNARY REVIEW CHARGE CATEGORY PRINCIPALS: Daniel Lewlon ~ji:NIQB. CONSUL TANTS~ Sara Coleman . TOTAL LABOR CHARGE CATEGORY Printing & Copying Computer Postage & Delivery Phone Trans portation Hotel & Meals Air Travel TOTAL EXPENSE GRAND TOTAL LABOR REQUIREMENT$ HOURS HOURLY BArE. CHARGES IQIAL 26 $3.900 $150 20 $2,000 $100 46 $5,900 EXPENSE REQlJIRElVIENT CHARGES TOTAL $25 $40 $25 $10 $0 $0 $0 w.o. $6.000 MANPOWER AND COST RI:QUI~EMENTS TO PROVIDE REVIEW OF STROUD ENERGY GAS WELLS & DENTON MUNICIPAL ELECTRIC WELL ON BEHALF OF THE CITY Of DENTON COMPREHENSIVE AUDIT LABOR REQUIREMENTS CHARGE CATEGORY HOURS HOURLY RAT!:: . CHARGI:S ~ , PRINCIPALS; Daniel Lawton 48 $150 $;,200 . SENlQR CONSULTANTS: Sara CoIem an 60 $100 $8,000 ; TOTAL LABOR :128 $15,200 EXPENSE REQUIREMENT CHAR'GE CATEGORY CHARGE~ TOTAL Printing & Copying Computer Postage & Delivery Phone Transportation . Hotel & Meals Air Travel $135 $125 $3D $10 $0 $0 $0 . TOTAL EXPENSE mo: · GRAND TOTAL $15.500 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 26 27 28 29 30 AIRPORT ADVISORY BOARD MINUTES JANUARY 11, 2006 After determining that a quorum was present, the Airport Advisory Board Convened in a Regular Meeting on Wednesday, January 11, 2006 at 5:30 p.m. in the Airport Terminal Building at 5000 Airport Road, Denton, Texas. BOARD MEMBERS PRESENT: Chairman Rick Woolfolk, Vice Chairman Don Smith, Jay Anderson, Bob Eames, John Kristoferson, and Larry Luce. BOARD MEMBERS ABSENT: John Vann with an excused absence. STAFF MEMBERS PRESENT: Mark Nelson, Chief Transportation Officer, Julie Mullins, Aviation Assistant and Herb Prouty, Consulting Attorney. PUBLIC PRESENT: Tony Montgomery, Damon Ward, Phil Jordan, Michael Sayers and Bert Y uttal. ITEMS FOR INDIVIDUAL CONSIDERATION III. Receive a report, hold a discussion and consider a recommendation to City Council regarding the expenditure of gas well revenues for professional services related to the gas wells. A motion was made by John Kristoferson to recommend to City Council to perform a preliminary audit of gas well revenues at a cost of $4,500 and, if the results of the preliminary audit so indicate an in-depth audit at a cost not to exceed $18,000 subject to City staff and Airport Board approval and, approving the use of Gas Well revenues for this service. Bob Eames seconded the motion. Motion carried 6-0. Exhibit 3 AGENDA INFORMATION SHEET AGENDA DATE: March 7,2006 DEPARTMENT: City Manager's Office CM: Howard Martin, Interim City Manager SUBJECT Consider nominations/appointments to the City's Boards and Commissions. BACKGROUND The following is a list of current board/commission vacancies: Airport Advisory Board - John Vann has resigned. This is a nomination for Mayor Pro Tem McNeill. Construction Advisory and Appeals Board - Council Member Montgomery has a nomination. Parks, Beautification and Recreation Board - Chuck Smith has resigned. This is a nomination for Council Member Kamp. Zoning Board of Adjustment - There are two alternate "All" positions available for nominations. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S :IAgenda ItemslBoard-Commission vacancies. doc